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Arben Krasniqi analyzes for "AIM" on September 22, 1998, the reactions of the Albanian political circles in Kosovo to the initial agreement on temporary solution of the status of Kosovo.

While on one side continued conflicts of different intensity and size persist, mostly with tragic consequences for the civilian population, on the other, there continued activities in Kosovo and surrounding it, both political and diplomatic, with the goal of creating preconditions for the beginning of so much desired and stressed negotiations.

After a number of attempts and meetings. Christopher Hill recently made public his first partial success - acceptance in principle of both sides to creation of a provisional solution to the Kosovo question, which would be re-examined and possibly revised after a period of three to five years, with the consent of the interested sides.

Still publication in the Albanian press in Kosovo of the working version of this document has stirred the political and wider public here, creating mostly negative reactions.

According to the published document, Kosovo is defined as a Territory with a certain degree of self-rule and organs and institutions which would enable its achievement. The document lists the basic rights and obligations of citizens in the Territory, which, among other, encompass the right to "passing of initial documents of Kosovo," "the passing of rules on organization and procedure of operation of kosovo institutions," also the "passing of the Kosovo budget". The text also lists additional "rights of ethnic communities,", where it is stated that the would elect and appoint their "National Councils." Additional rights of ethnic communities would mainly deal with cultural, educational, religious and other specifics.

In the chapter which lists the institutions of Kosovo and their functions, it is stated that Kosovo would have a Parliament whose certain number of delegates would be chosen through direct elections, while the other part would be comprised of the delegates chosen by ethnic communities, and which would be given , in accordance with a certain percentage in the population, an adequate representation in the Parliament. The decisions in the Parliament would be passed by a majority vote, except when the majority of the delegates of a certain ethnic community would be of an opinion that a certain decision infringes into vital interests of this ethnic community, where specific methods of decision making would be applied, and this with the agreement of the majority of the delegates of this community. Besides the Parliament, Kosovo would have a Representative (chosen in direct elections), a governing body, administrative departments, and an Ombudsman whose mandate would be four years and who would oversee the implementation of the agreement.

This document lists the main points of Kosovo representation in the federal and republican bodies, where it is stated that it would be guaranteed at least 10 MP’s in the Lower house of the Federal Parliament, as well as in the Serbian government, as well as participation in the Federal Constitutional Court and Serbian Supreme Court.

The Kosovo Parliament would appoint regular and appeals courts, while each ethnic community could establish "its system of resolving disputes in the realms of inheritance, family law and civic disputes." Each municipality would form local police, in accordance with the national composition of the population, and it would be responsible for public law and order, while the "federal institutions would be responsible for external security, border police and suppression of international crime..."

The Albanian negotiating team expressed its dissatisfaction with these proposals, although its representatives were quite cautious in their comments and estimates, stating that it is only a working version and the discussions and negotiations are continuing. This team came out after a few days with its proposal of the temporary solution of the Kosovo problem, document which is comprised of 16 points, which mainly list the institutions and their prerogatives, which are quite similar or identical with the prerogatives and status of current republics within the FRY, where Kosovo would remain during the period required by the temporary solution, after which a referendum would ensue in which the Kosovo citizens would vote on possible options for independence.

The criticisms levelled at this document are first of all of legal-constitutional nature, where it is said that the offered solutions secure limited forms of self-governing, that in certain fields the prerogatives of Serbia and FRY are strengthened, that the constitutional-legal position of kosovo is not defined and that solutions offered are quite bellow the constitutional-legal position of kosovo according to the 1974. SFRY Constitution. These critics state that it is absurd to negotiate about the rights and the institutions which were already an acquired right for the citizens of Kosovo and which were abolished by force.

But the political and intellectual circles here are almost unanimous in their assessment that the main obstacle in concluding and implementation of the possible agreement on the temporary solution for kosovo will be the centers of political decision-making in Belgrade, which reject any solution which would not be within the framework of Serbia. Certain analysts are even of the opinion that the goal of the current military-police actions, and ethnic cleansing in the Western part of kosovo, are a preparation for the application of solutions as are offered dealing with the regionalization of Kosovo and the anullment of its unified political subjectivity. It seems that one of the reasons of Rugova’s pragmatism and his inclination towards the American initiatives is actually an attempt to prevent the realization of such plans and goals.


Source: "AIM" independent news pool, September 22, 1998

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