The rights of minority under ahtisari plan in Kosovo

1 introduction

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2 background

3 minorities in Kosovo

4 minorities rights under Ahtisari plan after several

5 Conclusion 


In the center of Kosovo’s capital there is a large sculpture
that says the word “NEWBORN” (young, newborn). It was set there at
the time of Kosovo’s declaration of independence on February 17, 2008, and has
remained as an emblem of the country’s freedom. Sculpture aims to convey hope
and the birth of a future promising. Over the last four years, Kosovo has
experienced a kind of birth with the realization of independence her and the
creation of new institutions, a constitution and a democratic government.

Despite all that is novelty for Kosovo, the history of this
region and the people living in Kosovo has started many centuries ago. Knowing
their unique history and the events that lead to their independence is a key
part of understanding the urgent issues Kosovo faces. One of the most urgent
issues is respect for fundamental human rights and minority rights. Therefore,
the transition period from post-conflict to the democratization of society and
its institutions does not include time constraints. Challenges Kosovo faced
during its transitional post-conflict period with regard to the creation of
democratic institutions and the establishment of a multiethnic society governed
by the law points out that the road to EU integration is complex.

The rights of all human beings for freedom, security and
education are universal rights and are not only characterized in one state or
region. But here the region is faced with a painful legacy that the armed
conflict of the 1990s left behind. In addition, the country’s north remains
fragile, where inter-ethnic violence is becoming a permanent threat to the
peace and stability of Kosovo. Conflicts that were transmitted with massive
human rights violations throughout the 1990s may have slipped, but old tensions
and intolerance are still a constant challenge that has not been addressed with
caution and effectiveness. Minorities such as Roma, Ashkali, Egyptians, Serbs
and Bosniaks remain isolated, and involved in social, political and economic
life all over Kosovo.

According to Ahtisaari ‘s comprehensive proposal for a
Kosovo, the government and its citizens are obliged to “promote and fully
respect the process of reconciliation of communities and their members. Kosovo
will create a comprehensive and sensitive gender approach to deal with its
past, which will include a wide range of transitional justice initiatives.

The Assembly has issued so many laws to protect minority
rights since February 2008, they are as a derivative of Ahtisari plan to
protect minority rights(and also give them a high autonomy of decision making).
However, the concept of the rule of law is characterized not only by the
adoption of the necessary legislation but also by the proper implementation of
the broad legal framework made up of bylaws.

Legislation in Kosovo guarantees equality among all ethnic
minority groups that live in Kosovo, and promotes human rights, including those
devoted to civilian or uniformed personnel. Given the fact that the
Constitution defines Kosovo as a multiethnic state, and the primary security
legislation in Kosovo further defines ethnic composition (Constitution of the
Republic of Kosovo, 2008: Art 125). This is especially important for the
security sector as this sector provides national unity and cohesion.


In 1999 the North Atlantic Treaty Organization (NATO) went to
war for the rights of a minority – the Albanians of Kosovo, within the Federal
Republic of Yugoslavia (FRY). Since June 1999, until 2008 when Kosovo declares
Independence Kosovo has been governed by an interim administration led by the
United Nations Mission in Kosovo (UNMIK) and also including the European Union
(EU) and the Organization for Security and Cooperation in Europe (OSCE). A
‘security presence’, called KFOR (Kosovo Force), has been led by NATO and has
included soldiers from at least 30 NATO and non-NATO countries. Thousands of
international officials have worked in Kosovo, and millions of euros have been
spent. Now approaching its seventh anniversary, it is one of the most expensive
and long-term international administrations since the creation of the United
Nations (UN).

The international protectorate was born in circumstances in
which it was clear that its most important priority would be to ensure harmony
and cooperation between the different ethnic groups, i.e. ensuring full
protection of all rights of these groups, particularly minorities. On paper it
would seem that Kosovo would be particularly blessed in being administered by
institutions with a long history of working on minority rights protection, such
as the UN, which in 1992 agreed a Declaration on the Rights of All Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities (UNDM).

Following the March 2004 violence in Kosovo, the
international powers that monitored the implementation of UN Security Council
Resolution 1244 – the Contact Group of the United Kingdom, France, Germany,
Italy, Russia and the United States – began to leave about the question of what
should be done further. The five Western states – Kuinti – came to the
conclusion that the expectation that Kosovo would meet “standards before
status” would not work. Kosovo Albanians were becoming impatient with the
delay over the move towards independence, the result they expected from NATO
intervention.  So the Quint, has been
senn that the process had to move forward.

In November 2005, the Contact Group – in its last consensus –
stated the guiding principles for status resolution. At the same time, UN
Secretary General praised former Finnish President Martti Ahtisaari to lead the
process of reaching a status agreement. Ahtisaari faced a difficult task due to
various positions on the final status of Kosovo’s case; positions that
reflected the opposing stances of Belgrade and Pristina. In joint sessions and
other meetings, he focused on trying to draw on both sides the elements of a possible
compromise agreement. He managed to get out of the talks the elements for
something that became known as the Ahtisaari Plan.

However, in 2007, it was clear that there would be no new UN
Security Council resolution on Kosovo. There were substantial issues between
Quint countries and Russia, with Moscow refusing to grant independence to
Kosovo as a precedent for other controversial regions. There were also factors
in bilateral relations between Russia and the US which influenced the dynamics.
With guaranteed Quintile support, Kosovo declared independence in February
2008. The Ahtisaari plan served as the basis for this statement and for an
ongoing international role; to be carried out by the International Civilian
Office (ICO) of the Special Representative of the European Union and the EU
Rule of Law Mission (EULEX). During the duration of the events, the Ahtisaari
Plan was implemented in southern Kosovo, including some non-Albanian majority

The Ahtisaari plan remains a good framework for resolving the
conflict around the north and maintaining Kosovo’s territorial and political
integrity while status remains controversial. It provides minority rights and
participation in government, local self-rule and links between local
municipalities (with Serb majority) and Belgrade. Along with UN
Secretary-General Ban Ki-moon’s six-point plan, the Ahtisaari Plan provides a
number of pragmatic measures related to police, customs, courts and
infrastructure, plus local autonomy in education and culture, and special
features for Mitrovica (University and Hospital). The plan also provides
mechanisms to ensure transparency in Belgrade’s support for Serbian
municipalities in Kosovo and the linking of northern Serbs and their local
institutions to Pristina. Northern Serbs should look further away from the
simple rejection of the Ahtisaari Plan – as related to Kosovo’s independence –
and to re-examine closely how they can address their problems

Minorities in Kosovo

Community rights in Kosovo are ensured by a range of primary
and secondary legislative acts, including the Constitution of the Republic of
Kosovo and the Basic Law on the Protection and Promotion of the Rights of
Communities and their Members in Kosovo, acts which cover the rights of
communities from a broader perspective there are six communities in Kosovo(
including Albanians with 93%)

Serbs:  Most Kosovo
Serbs live in the Serb-populated north or in one-ethnic enclaves in other parts
of Kosovo. Approximately one third live in the Serb majority municipalities of
Zvecan (95% of the municipal population), Leposaviq (95%), Zubin Potok (89.4%)
and in the northern part of Mitrovica (90%). To the south of the Iber River,
Serbs constitute the majority of the population in Štrpce (75%) and Novo Brdo
(40%). The rest of the members of the Serb community are distributed throughout
the villages across Kosovo, accounting for between 5% and 20% of the municipal
population. The Serbian community is the second largest community in Kosovo.
Kosovo Serbs account for about 6% of the total population of the country, which
matches the total number of approximately 114,000.

Turks: The Turkish community in Kosovo is mainly concentrated
in the Prizren municipalities (6.9%) 1, Mitrovica (3%) and Istog (3.33%),
although this figure includes Bosniaks. In Kosovo, there have been a large
number of members of the Turkish community since its Ottoman occupation in the
fourteenth century. In general, this community has been stable, integrated in
Kosovo society and active in all aspects of cultural, social and political
life. Due to the lack of reliable statistics, demographic data on Kosovo Turks
have been the subject of discussion and distortion , and should be treated with
discretion. The number of members of the Turkish community is estimated to be
around 1% of the total number of Kosovo’s population, corresponding to about
19,000 people

Bosnian: The Bosniak community is mostly concentrated in
Prizren, where it accounts for about 10.01% of the population of the
municipality, mainly in the city of Prizren, Zhupë and the rural part of
Prizren, and in Dragash, where it is about 25% (although you have to
considering that this figure includes the Gorani community), and mainly live in
the Gora region. In other municipalities, the Bosniak community is much
smaller, where it is between 0.02% and 4% of the municipal population. Members
of the Bosniak community living in Kosovo are Muslim. In Kosovo Bosniaks can be
divided into two groups. The first group consists of those who migrated to
Kosovo at different times from Bosnia, Montenegro and mostly from the Sandzak
region, especially after the end of Ottoman rule in the region .

Three other communities are(but in small numbers): Roma,
Egyptians and Ashkalia: The Roma community traces its roots since the modern
Indian state of Rajasthan. Roma mostly speak their mother tongue and are
usually bilingual in Albanian and / or Serbian. Roma mostly belong to Islam,
although some identify themselves as Orthodox Christians , The largest number
of members of the Ashkali community are located in Fushë Kosovë, where they
account for 9.57% of the municipal population (in the town of Fushe Kosove, and
in the villages of Lismir and Nakarade), In some municipalities, Egyptian
community members account for between 1% and 5% of the municipal population.

Given that Kosovo is not a member of the UN and other
mechanisms, it can not ratify the international conventions on human rights.
However, the Republic of Kosovo has incorporated into its constitution (Chapter
II, Fundamental Rights and Freedoms) international agreements and instruments
that guarantee the principles and values of human rights and fundamental
freedoms. This creates a satisfactory legal framework that instruments of human
rights be applicable and the laws apply. In addition, this implies that Kosovo
is obliged to ensure that its legislation, policies and practices meet
international requirements, so Kosovo has give more rights to communities than
any country in Western Balkan including some of them which are EU member


minorities rights under Ahtisari plan after several

After several rounds of negotiations between Kosovo and
Serbia in Capital of Austria in Vienna, the two sides didn’t agree on any
agreements on future status for Kosovo, so in the end  In November 2005, UN Secretary-General Kofi
Annan appointed Ahtisaari as Special Envoy for the Kosovo status process which
was to determine whether Kosovo, having been administered by the United Nations
since 1999.

The plan was for this package to be published in late 2006,
but this was postponed due to the parliamentary elections in Serbia held on 21
January 2007. At all times it was rumored that Martti Ahtisaari would propose
conditional independence, but without mentioning the word independence. At the
beginning of February 2007 Ahtisaari traveled to Kosovo and Serbia where he
presented the document to the representatives of the two countries. In Serbia,
after the election, a new government had not yet been formed, so the old
government remained in office, but then-then-current Prime Minister Vojslav
Kostunica, a nationalist, said he would not pick up Ahtisaari’s document and
the document must be submitted to the new government. Like the announcement of
early elections in Serbia last year, Serbs intend to delay the final

Ahtisaari’s plan forces Kosovo to maintain multiethnic, legal
democracy with Albanian and Serbian as an official language, with an open
market economy with free competition. It provides key elements for minority and
property rights, a strong form of decentralized local government, and links
between municipalities and Belgrade. Article 3.2 requires “the protection
of the national or ethnic, cultural, linguistic and religious identity of all
communities and its members.” Article 4 provides the right to restitution
and resettlement of property. Article 6 provides that local self-government and
municipalities “shall have the right to inter-municipal and inter-state
cooperation on issues of common interest in the exercise of their

 The Annexes of the
Plan extend to these, Article 8.3  the
right to local sources of income and for inter-municipal and inter-state
cooperation in the area of ??its own competences and competences. Annex II
(Article 4) provides communities with the right to express, preserve and
develop the language and culture them; receive public preschool, elementary and
secondary education in their own languages; Establish and maintain their private
schools (with public funding); exhibit the symbols of the community; and have
their own media (including TV). Annex I  provides for the possibility of holding two



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