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• The Kosovo Problem
• What cost Kosova? (Miranda Vickers)
• Instead of a History
• Kosova Under the Burden of the Serbian Discriminatory Laws

8) For a detailed discussion of the London Conference and the creation of Albania, see RJ. Crampton, The Hollow Detente: Anglo Gennan Relations in the Balkans 1911-1914 (London: George Prior, 1977). (9) The chief victim was Koci Xoxe, the Interior Minister, who had headed the "Yugoslav faction" in the party. Xoxe was arrested and executed in 1949 as part of the wave of purge trials that swept Eastern Europe in the aftermath of the Stalin-Tito break. (10) See Jens Reuter, "Das Kosovo-Problem in Kontext der jugoslawisch-albanischen Beziehungen," Südosteuropa, Heft 11/12 (1987), pp. 718-727. Also by the same author, "Die jugoslawischalbanischen Beziehungen nach Enver Hoxha," Südosteuropa, Heft 1 (1987), pp. 10-18. (11) Zeri i Popullit (Tirana), May 16, 1990. For a fuller discussion see Louis Zanga, "Albania's New Path," RFE, Report on Eastern Europe, June 15, 1990, pp. 1-5.

What cost Kosova? (Miranda Vickers)

Yugoslavia’s fierce inter-republican strife recently erupted in the northern Republics of Slovenia and Croatia, yet the root of the crisis lay far to the south, in the autonomous province of Kosova. Serbia’s commitment to the forced integration of Kosova, with its 90 per cent ethnic Albanian population, into the Republic of Serbia was the fuse which lit the Yugoslav keg.

The Kosova problem stems from the Serbs’ constant and vehement opposition to granting the province republic status, which they argue, would eventually lead to secession from Yugoslavia and linkage to a Greater Albania. The Serbs’ almost fanatical determination to maintain their control over Kosova originates from the enormous historical significance of the region as a central part of the medieval Serbian empire which still contains the treasures of Serbian religious art in the churches of Pec. Decani and Gracanica.

The Turks initiated their domination of the Balkans in 1389 by defeating the Serbian army at the Battle of Kosovo Polje, marking the end of the independent Serbian state. The battle itself has become shrouded in an elaborate web of heroic folklore, myth and legend which helped keep alive the spark of Serbian national consciousness during more than four centuries of Ottoman rule. The anniversary of the battle is still celebrated each year as Serbia’s national day and with an air of increasing desperation, Serbs try to stress the continuity of their presence in Kosova. The region has now become a prime focus of Serbian nationalism which makes the current crisis even more intractable and perpetuates the inflammable and often violent nature of Serbian-Albanian historical relations.

In 1912, during the first Balkan War, the newly independent Serbian state reconquered Kosova from the Turks. Therefore, in the debate over the formation of a ‘South Slav’ state after the First World War, it seemed only natural to Serbian politicians that Kosova would become an integral part of Serbia in the new Kingdom of Serbs, Croats and Slovenes. The country’ s 400,000 Albanians were labelled a ‘national minority’ as opposed to having ‘nation status’ and the Serbian-dominated government set out to ‘Serbianise

Kosova through a policy of demographic engineering. By 1940, approximately 18,000 Slav families had been settled in Kosova on land vacated by the thousands of Albanians who fled to Turkey to escape often brutal treatment from the local gendarmerie.

During the Second World War, the dismemberment of the Yugoslav kingdom was welcomed by most Albanians as Kosova was merged with the Italian occupied kingdom of Albania. The Italians were able to capitalise on the profound desire of the Albanians for their national unification. The Kosovars (Kosova’s Albanian population) utilised their new status to settle accounts with the Serbs upon whom they turned with bitter fury, seeking to expel them from Kosova. As the war ended, Yugoslavia and Albania’s victorious Communist governments reached, in principle, an agreement for Albania (not to include Kosova) to become Yugoslavia’s seventh republic. Tito did not wish to weaken what little appeal the Communists had in Serbia by offending Serbian nationalism, therefore, Kosova joined the new Yugoslav Federation as a mere appendage of the Socialist Republic of Serbia. After his conflict with Stalin and Yugoslavia’s subsequent expulsion from the Cominform in 1948, Tito’s intended annexation of Albania became impossible. With Stalin’s backing, Albania reactivated the ‘unsettled’ question of Kosova by giving provocative press coverage to the ‘persecution’ of Albanians in Yugoslavia. This served to encourage Belgrade’s already pronounced tendency to view all Albanians as potentially subversive. Using the pretext of suppressing Albanian irredentism, Alexander Rankovic, Chief of the Federal Police, Vice President of Yugoslavia and a leading proponent of Serbo-centralism, ordered police pressure on Albanians to emigrate; thus between 1954- 57, some 195,000 Albanians left for Turkey.

The dismissal of Rankovic in 1966 was a heavy psychological blow to Serbs who had relied on the security forces to maintain a degree of Serbian supremacy in Kosova. As the true nature of Rankovic’s policies came to light, Kosova experienced a measure of liberalisation. However, by removing police pressure and granting more concessions to the Kosovars, the government unwittingly encouraged the Kosovars to become more conscious of their national rights and their Albanian identity.

In 1974, Yugoslavia’s new constitution considerably narrowed the powers of the Federation while extending those of the republics and autonomous provinces. Therefore, in Kosova self-government replaced the almost permanent state of emergency and Serbian prestige consequently suffered as the Kosovars now had a veto on all issues that affected them so that the Belgrade leadership was no longer in full control of Kosova.

Throughout the 70s Kosova’s poor economic performance together with the rapid Albanisation of the province led to the continued exodus of Serbs and Montenegrins, reflecting their progressive feelings of insecurity and alienation amidst the fast-growing Albanian population. Although the federal authorities had been pumping large amounts of credits into Kosova, the funds were misused, poorly invested and did little to reduce the gap in prosperity between Kosova and Yugoslavia’s richer republics.

Years of economic discrimination, exploitation and neglect fuelled the growing frustration and bitterness felt by Kosova’s increasing output of unemployed graduates. The student’s smouldering resentments led to a full-scale revolt in the spring of 1981. Under Serbian pressure excessive force was used by the central authorities to contain the riots which left several hundred Kosovars dead and injured. A direct consequence was the deterioration of Yugoslav-Albanian relations as Tirana was accused of actively encouraging separatist and subversive tendencies among the Kosovars. This was despite accounts given by foreign reporters that the unrest was not nationalistically inspired, but economically and socially motivated. Many Serbs now began talking of ‘past mistakes’ which is how they criticised Tito without mentioning his name. They argued that Tito’s successors had now to reap the seeds he had sown as a result delegating power to the Kosovars and his liberal attitude towards Tirana.

Albanian propaganda against Yugoslavia now came full circle: in the late 40s and 5Os Yugoslavia had posed the immediate threat, Tirana’s policy was therefore strongly anti-Yugoslav. In the late 60s and 70s, after the Soviet invasion of Czechoslovakia and Albania’s courtship with China, the main threat came from Moscow so a process of reconciliation began with Yugoslavia and Albania kept her support for the Kosovars limited to cultural politics. The Albanian leader at this time, Enver Hoxha, was not willing to encourage the secession of Kosova from Yugoslavia and risk sacrificing the purity of his ideology for the sake of national unity. The predominantly Moslem Kosovars who can own their own land would not have relished Albania’ s enforced atheism or agricultural collectivisation. Although some groups ideologically related to Tirana were engaged in subversive activity in Kosova, they proved nothing but an embarrassment for the Albanian authorities.

Since the death of Enver Hoxha in 1985, Albania has emerged from her isolation and attempted to improve relations with all her Balkan neighbours.

In 1989, the deputy foreign ministers of the Balkan countries were invitedto Tirana where it was agreed not to deal with specific problems in bilateral relations, such as Kosova, but to seek to establish a general framework for co-operation. However, this aim was about to be put to the test by yet more violent unrest in Kosova. In February 1989, Serbia’ s National Assembly passed controversial constitutional amendments, which Belgrade had been pressing for, that would effectively hand back Kosova to Serbian control. The Serbs saw the amendments as a means of safeguarding the very foundation of their national consciousness which was being eroded by Albanian separatists. Yet another state of emergency was declared after serious rioting left twenty-eight Kosovars dead and many more wounded.

The spirit of Balkan cooperation, so painstakingly built up over the previous year, was badly shaken as Albania accused Yugoslavia of brutally suppressing the Kosovars and comparing the situation with the Palestinian Intifada. The Serbs, however, remained undaunted and in June, their leader, Slobodan Milosevic, spoke at the celebrations of the 600th anniversary of the Battle of Kosovo Polje. He stressed that it was Serbia’s current (i.e. his own) leadership that had reunited Serbia. Milosevic is generally considered the first Serbian leader since the war to defend Serbia’ s interests even if it is at the expense of alienating the rest of the country. His speech offered no hope of reconciliation for the Kosovars as he ominously concluded; ‘Today, six centuries later, we are again fighting battles, they are not armed battles although such things cannot yet be excluded’.

The decade which began with the death of Tito ended with the triumph of conservative nationalism over liberalism within the Serbian party. Milosevic was able to play the Kosova card at a series of mass rallies where he spoke of the Serb nation’s historic task to preserve its unity, stressing the fact that Serbia, unlike the other republics, remained divided into three parts. In July 1990, in response to the Kosovars repeated demands for republic status, the Serbian government finally suspended Kosova’s parliament and imposed direct rule through its own police force.

Watching these events with unease, both the Slovenian and Croatian Party leadership issued statements of support for the Kosovar’s demands as legitimate and legal, aware perhaps that such constitutional changes could be forcibly extended to the rest of the country. The polarisation of Yugoslavia continued as 450,000 Slovenes signed a petition critisising the special measures adopted by the federal authorities to deal with the unrest in Kosova.

The post-war centralistic state managed to stifle national feelings as the unity of Yugoslavia depended so heavily upon the recognition of its ethnic plurality. However, the acceleration of decentralisation which has occurred since Tito’s death has exacerbated national antagonisms and led the Serbs to feel they have lost their status not only in Kosova but in the Federation as a whole. As long as the Serbs perceive Kosova not only as a symbol of their past medieval glories but also their present national decline, their leaders will be able to exploit the situation.

As Albania distances itself from the Hoxha legacy after the country’ s first free elections in April 199 1, there has been much talk in Tirana about the union of Kosova with Albania. Kosova is certain to be a constituent element in any reorganisation of Yugoslavia and the possible creation of a Greater Serbia. Much as Albania does not wish to let the Kosovars remain under Serbian rule, with little political or military clout to do otherwise, the present Albanian stance is to offer yet again mere vocal and printed support for the Kosovars ‘equality of rights’. The sustained resistance of the entire Albanian population of Kosova, together with the suspension of a free press and the refusal of any dialogue with the Kosova Democratic opposition has now left few options open for a non-violent resolution of the Kosova crisis.

Serbian nationalism has directly contributed to the rise of Kosovar Albanian nationalism leaving the political goal of unification with Albania the only option left for the Kosovars even though their struggle to leave Yugoslavia is likely to be a costly and bloody one.

By Miranda Vickers

Miranda Vickers is a research student on Albanian history and a writer on Albanian affairs.
Copyright 1991 by History Today Ltd. Text may not be copied without the express written permission of History Today Ltd.
Vickers, M., What cost Kosova?., Vol. 41, History Today, 12-01-1991, pp 6.

Instead of a History - Kosova

I.
“Based on archeological excavations and explorations, it has been shown that since the 2nd millennium, in Kosova lived the Illyrians, from whom descend the Albanians. The Illyrian tribe Dardan lived on the present territory of Kosova, in a part of Macedonia and southwestern Serbia. The South Slavs began to inhabit the Balkan peninsula from the beginning of the 8th century, and in the 11th century Serbs from Raska began to penetrate into Kosova. At the end of the 12th century, the great Serbian priest Stefan Nemanja with his army, penetrates all the way to Lipjan, and in 1170, at St. Pantin, on the left coast of [the river] Sitnica, close to Vuçitërn, defeats the Byzantine army. Since then, until the fall in Turkish control (1389), Kosova is a significant region of the Serbian Medieval state.” (Vojna enciklopedija, drugo izdanje, Beograd, 1972. - The Military Encyclopedia, second edition, Belgrade,1972.)

II.

“The Turkish penetration caused the migration of the Serb inhabitants and part of the Albanian inhabitants towards the west and the north. After the Turkish defeat near Vienna (1683), arouse a closer cooperation of Serbs and Albanians in Kosova. Several thousands of Albanian uprisers joined the Austrian army (1689), which passed through Kosova and progressed towards Skopje [Macedonia]. The Austrian army was later joined by Serbs, and together reached Prizren. After the defeat of the Austrian army in 1690, the Austrian army retreated towards the Danube.

Together with it, under the leadership of A. Crnojevic, retreated part of the Serb and Albanian populations from Prizren, Mitrovica, Peja [Serb.: Pec], Novi Pazar [Alb.: Tregu i Ri], and Prishtina, and migrated to Vojvodina. At this time, a group of Albanians from the Kliment tribe migrated into two Srem villages (Hrtkovce and Nikince).

During the Austrian-Turkish war, 1731-39, when the Austrian army took over Nis [Serbia], Serbian uprisers took over Novi Pazar. Then the patriarch Arsenija IV Jovanovic sent his people to Kosova and northern Albania to agitate an uprising against the Turks. That is when the uprisal of Serbs and Albanians broke out. However, the Austrians retreated and left Serbia. With it left a part of the Serbian and Albanian inhabitants.

III.

During the Turkish-Serbian war, 1877-78, the Serbian army progressed. Then came the retreat of migrated Albanians from the region of Toplica [Serbia], around Nis [Serbia] and Leskovac [Serbia]; they moved to Kosova and elsewhere. During the First Balkan War in 1912, the Serbian army took control of Kosova and Prizren and annexed it to Serbia, while the Montenegrin army took part of Dukagjin [Serb.: Metohija], Peja and Gjakova [Serb.: Dakovica] and annexed it to Montenegro. Because of increasing occurrences of terror, inspired by the ruling circles in Serbia and Montenegro, inter ethnic relations in Kosova became tense, and part of the Albanians and Turks moved to Albania and Turkey.

IV.

During the Yugoslav Kingdom, Kosova remained an agricultural land. Then came the colonization of Kosova with Serbs and Montenegrins. According to the data from this period, in only ten districts, 183,848 hectares of land were appropriated for the colonizers. The forced placement of a part of the settlers in homes of Albanian peasants and the confiscation of their plowable land complicated the situation in Kosova: entire villages rebelled, after which the army intervened, and a gap was created between the inhabitants and the government, so was an open enmity between the colonists and the old inhabitants.

In the Yugoslav Kingdom, Albanians were not recognized basic ethnic and democratic rights. The entire administration and education was exclusively in the Serbian language.” (Opca enciklopedija, Jugoslavenski leksikografski zavod, Zagreb, 1978 - The General Encyclopedia, The Yugoslav Lexicographic Institute, Zagreb, 1978)

“Despite being the most numerous minority in the Yugoslav Kingdom, Albanians were in political, economical and cultural respects in an unfavorable position. The ruling Serbian bourgeoisie looked upon the Albanians as a deconsolidating element of the state and this was the reason that immediately after the war, it made efforts so that Albanians, as an ethnic minority, are not provided with legal protection with an international agreement as was done with other minorities (Germans, Hungarians, Slovenes, etc.). In the border regions towards Albania, many Albanian families were dislocated to other regions and the regions were populated with “national elements”. It was sought that with colonization measures, the Serbian population be increased. Through the colonization, 10,714 colonizing families received land, 248 volunteers, 80 chetniks, 172 [optanta] and 508 ‘auto-colonists’, bringing the total to 11,722 families.” (Enciklopedija Jugoslavije, Jugoslavenski leksikografski zavod, Zagreb. - The Encyclopedia of Yugoslavia, Yugoslav Lexicographic Institute, Zagreb). “By colonizing [Kosova] with Serbs and Montenegrins, an attempt was made to alter the ethnic composition to the damage of the Albanians, and relying on exponents of the regime (Serbs, Montenegrins and partly also Albanians), to insure the social, economical, and political positions of the proponents of Greater Serbian hegemony.

The Serbian bourgeoisie attempted to assimilate Albanians in Kosova, to denationalize them, and even physically liquidate them. Such a situation provoked their hatred of bourgeois Yugoslavia to that measure, that they desperately waited for the regime to change, even with outside intervention.” (Vojna enciklopedija).

V.

“The Albanian masses received the fall of the Yugoslav Kingdom as an easing of their position, and occupation as liberation from the enslavement of the Greater Serbian bourgeoisie.” (Vojna enciklopedija, drugo izd., Beograd, 1972. - The Military Encyclopedia, 2nd ed., Belgrade, 1972).

“After the capitulation of the Yugoslav Kingdom, Kosova was occupied by German, Italian and Bulgarian armies. The largest part of Kosova was occupied by Italy, which annexed it to Albania. The Albanian language was introduced in schools and in administration and the public display of the Albanian flag was permitted. On the German occupied part, which was part of occupied Serbia, the Council of the Commissaries of Serbia, August 6th, 1941, gave the order with the administrative arrangement of the district of Kosova, with its center at Mitrovica (included were the districts of Podujeva, Vuçitërn, Mitrovica and Novi Pazar), and by the end of 1941, the province of Mitrovica was established.” (Opca enciklopedija, Jugoslavenski leksikografski zavod, Zagreb, 1978 - The General Encyclopedia, Yugoslav Lexicographic Institute, Zagreb, 1978)

[...]

VI.

“The Macedonians, Albanians, Croats, Muslims and so on, are anxiously asking - what will happen to us if things return to the way they were before? The flag of the National-Liberation war against the occupiers, which was raised by the Communist Party of Yugoslavia in 1941, is simultaneously the flag of the fight for national freedom and equality of each ethnic group. Never has the Communist Party moved away nor will it move away from its principle, which was set by our great teachers and leaders - Lenin and Stalin - that is: the right of every nation to self-determination and secession.

The question of Macedonia, the question of Kosova and Metohija, the question of Montenegro, the question of Croatia, the question of Bosnia-Hercegovina, will be easily solved to the general satisfaction of all in the only way that it can be solved, that is by the peoples themselves.” (Tito: Nacionalno pitanje u Jugoslaviji u svetlosti narodno-oslobodilacke borbe, Proleter, decembar 1942 - Tito: National Questions in Yugoslavia, Proleter, December 1942)

VII.

“For the development of the National Liberation War in Kosova, of great importance were the decisions of the Second Meeting of AVNOJ. The days of December 31st, 1943, January 1st and 2nd, 1944, in the village of Bujan in the Malësia [Mountainside] of Gjakova, was held a conference in which the National Liberation Organization of Kosova and Metohija [Dukagjin] was formed. Fifty-nine delegates participated in the conference, who accepted the decisions of the Second Meeting of AVNOJ, chose the NLO for the province and brought a resolution and a proclamation.” (Opca enciklopedija)

“The representatives of all parts of Kosova and Metohija [Dukagjin], the Albanians, the Serbs and Montenegrins: nationalists, communists, antifascist youth, representatives of the army, communist youth, wives of anti-fascists and others, inspired by the high ideal of the unification of different political leanings, for the unity and fraternity of the people of Kosova and Metohija, and for the strengthening of the organized struggle of our peoples against the fascist occupiers and their servants, met in a clear moment of the external and internal situation, discussed the work of the national-liberating committee and elected its leadership.

The conference determined:

(...)

b) The first imperial war ended with the Treaty of Versailles, which among other injustices, created Yugoslavia, to satisfy the Greater Serbian hegemonial clique. Not only were the Albanians of Kosova and Metohija [Dukagjin] politically, economically and nationally oppressed, but were also subject to physical elimination.

(...)

c) Kosova and Metohija [Dukagjin] is a region which is inhabited majorily by Albanians, and which always, as today - wish to unite with Albania. Therefore, we feel it a duty to show the Albanians the right way which it must pursuit to achieve its aspirations. The only way for Albanians of Kosova and Metohija to unite with Albania is joining the common struggle with other nationalities of Yugoslavia against the occupier and his servants. Because this is the only way of bringing about freedom, when all people, including Albanians, will be able to express their free will for their destiny, with the right to self-determination and secession. The guarantor of this is NOVJ [National Liberation Army of Yugoslavia], as well as NOVS [National Liberation Army of Albania], with whom it has close ties. Aside from these, the guarantors are also our great allies: the Soviet Union, Great Britain and America (The Atlantic Charter, the Moscow and Teheran Conferences).” (Radosin Rajovic: Autonomija Kosova, Beograd, 1988, str.433, Bujanska konferencija - Rajovic, Radosin: The Autonomy of Kosova, Belgrade, 1988, pg. 433, Conference of Bujan)

VIII.

“We are creating a new state, in which Albanians will be equal citizens, and will not be underrated by anyone. The Albanian people must know the kind of Yugoslavia we are creating, and that they, in this new community... will be equal and will be given all opportunities... The Albanian people will, in this new Yugoslavia, gain all that makes a nation a nation.

Now... for the first time in history, the Albanians will decide themselves about their own destiny...” (Govor Marsala Tita delegaciji Albanaca Kosova i Metohije pocetkom aprila 1945. Radosin Rajovic, Autonomija Kosova, Beograd, 1988, Prilozi - Speech of Marshal Tito to a delegation of Albanians from Kosova and Metohija at the beginning of April, 1945. Rajovic, Radosin: The Autonomy of Kosova.)

IX.

“The problem of Kosova did not begin in 1981. Neither did a counter-revolution occur there, there was not even a revolution before. The year 1981 should have been the final opportunity for Kosova to become a republic. The root of this request is the Conference of Bujan and Tito’s promise that this will be realized.” (Dr. Neca Jovanov, Delo, 25. mart 1989, str.22 - Jovanov, Dr. Neca, Delo, March 25th, 1989, p.22)

“It is high time that the problem be brought to light a to listen to the arguments. The question is: do Albanians have the right to unification or not?

In Serbian and Croatian history, a struggle for national unification always had the aureola of the highest degree of patriotism. This is valid for other nations as well. Why then do we not recognize other nations that which we consider a holy right? That which we consider for ourselves to be the highest degree of patriotism, for Albanians we call separatism and counter-revolution? Where in this is the iron logic which is valid for all intellectuals? And where did socialism evaporate?” (Branko Horvat, Kosovsko Pitanje, Zagreb, 1988, str. 174 -

Horvat, Branko: The Question of Kosova. Zagreb, 1988, p. 174)

X.

“The regime towards other nationalities, hence, Albanians as well, should be based on a democratic, cultural and humane basis of tolerance and coexistence. This is where the remedy of uprisals is, and not in the dreadful and bloody repression which is occurring down there in Kosova while we write this.” (Dimitrije Tucovic, Nikad kraja, Radnicke novine, 17. mart 1914., Sabrana dela, knj. 8, str. 171, Beograd, 1980 - Tucovic, Dimitrije: Never an End, Radnicke novine, February 1st, 1914, from Selected Works, book 8, p. 171. Belgrade, 1980.)

“The bourgeoisie has declared a state of emergency in the new regions of Serbia. The governors of Serbia seek, in reality, by means of a police-state, to create a national majority from the minority, and not to make good citizens out of the inhabitants of these areas, but to make them obedient subjects. That regime of special police measures... is inspired by reactionary ends, privileging ones and pursuing the others. On the other hand, it produces new reasons... for the provocation of intolerance and hatred among nations.” (Dimitrije Tucovic, Posle ratova, Radnicke novine, 1. februar 1914, Sabrana dela, knj. 8, str. 130, Beograd, 1980 - Tucovic, Dimitrije: After the Wars, Radnicke novine, February 1st, 1914, from Selected Works, book 8, p. 130, Belgrade, 1980.)

“The policy of our government has created such conditions, that, perhaps, for a large number of years to come (tens of years!) will repeat the clashes and misfortunes between two misfortunate peoples.

There is one thing we must be clear with and we must conciliate ourselves with: in the western Balkans there is a nation that wants to live its own free life.

We will forever have troubles and misfortunes if Serbia does not decide to change its policy in the direction of coming in full contact with the Albanian people and creating a full link with it.” (Govor poslanika Srpske socijal-demokratske stranke Dragise Lapcevica na zasjedanju Narodne Skupstine Kraljevine Srbije, 6. Februara 1914., Radnicke novine, 10. februar 1914. - Speech of the delegate of the Social-Democratic Party in a session of the National Parliament of the Kingdom of Serbia, February 6th, 1914. Radnicke novine, February 10th, 1914.)

Korsika, Bojan, ed. Serbia and the Albanians. Volume Three: A Review of Serbia’s policies towards the Albanians from 1944 to 1989. Casopis Kritiko Znanosti, Ljubljana, 1989.

Title of the original: Korsika, Bojan, glavni urednik. Srbija i Albanci. Knjiga Treca: Pregled Politike Srbije prema Albancima od 1944. do 1989. godine.

Translated from Serbo-Croatian by Besnik Pula.

Nekibe Kelmendi

KOSOVA UNDER THE BURDEN OF THE SERBIAN DISCRIMINATORY LAWS
Facts and Evidence -

FOREWORD

‘The soul, mind and meaning of a state lie in its laws
Cicero

“All are equal before the law’ says Article 6 of the Universal Declaration of Human Rights. Therefore, talking today of discriminatory laws and programs of a state, of legal discrimination being carried out against a people, sounds paradoxcial indeed. Yes, that would be true indeed if we were not talking of laws and programs of a state which even today, at the end of the twentieth century, in the midst of Europe, has been desperately trying to bring to life expansionist and hegemonistic aspiration to the detriment of other peoples. Such aspirations presented as far back as the ‘Nacertanija’ of Ilija Garasanin, and later in two genocidal anti-Albanian projects of the notorious Serbian academician Vasa Cubrilovic, are still very much factual at present. Therefore, one should not be astonished by such discriminatory laws and programs of Serbia, under the burden of which the Albanians of Kosova have been living.

And, while in other parts of former Yugoslavia - Croatia and Bosnia-Herzegovina - Serbia has been engaged in occupations of foreign territories, and ethnic cleansing through the force of arms, accompanied by most horrible crimes against the civilian population, in Kosova it has been using combined methods for reaching its goals: through discriminatory laws and programs, i.e. through an institutionalized discrimination in all aspects of life, to which the Albanians in Kosova have been subjected, and through the way of all demeanors of violence, terror and repression, including killing of innocent citizens.

All of this was motivated by one and single aim: to accomplish the colonization of Kosova by changing the ethnic structure of the population, by expelling the Albanians as the majority people from all these areas, and by bringing in to Kosova Serbs and Montenegrins, attracted by foremost legal benefits. Discriminatory laws, programs and other regulations, passed for Kosova in the last three years, are meant to meet that end.

The legislation of Serbia, in relation to Kosova, in the last three years, has been followed thoroughly - from the ruining of the autonomy of Kosova and on - so that in this paper most striking discriminatory laws have been selected and analyzed, programs and decisions that have been published in the Official Gazette of the Republic of Serbia during the last three years, and which are presently in use in Kosova. Certain parts of these discriminatory laws and programs have been quoted ad literam in the paper, so that the reader would be able to judge for himself on their discriminatory content. Discriminatory norms of the laws and programs, where necessary, have been accompanied by brief commentaries for making it easier for the reader to get acquainted with their purpose.

In the paper, 32 discriminatory and unconstitutional laws have been selected and analyzed, including 2 programs. Apart from discriminatory laws and programs, more than 470 specific unlawful decisions on the introduction of the so-called interim measures in all aspects of life in Kosova, have been paid attention to in the paper. On the course, attention was drawn on practical consequences for Kosova and the Albanians caused by the use of discriminatory laws, programs and decisions, with concrete examples. In particular, the Declaration on Human Rights and the Rights of persons belonging to national minorities was presented and analyzed, as it was published by the Serbian Assembly by the end of December 1992, in an attempt to deceive international institutions in relation to the discrimination of the Albanians in drastic violation of human and national rights and liberties.

Finally, the author hopes that this paper too will be a modest contribution in revealing and discrediting a genocidal state policy which Serbia has been following against the Albanians and Kosova. It can indisputably be said that the democratic world will be appalled by these discriminatory laws, programs and decisions, for they are antihumanitarian and anticivilatory, and as such, they are deemed to be condemned. We believe that soon the day will come when Kosova and the Albanians will get rid of the burden of discriminatory laws, programs and other similar restrictions of Serbia. Of course, then these discriminatory and colonizatory laws and programs will undoubtfully remain in the annals of the Serbian state as its national shame. Until then everything has to be endured, and in the endurance prudence is advicable, because for the Albanians this does not represent a myth but a reality, being existentially and vitally tied to Kosova.

The Author



THE CONSTITUTIONAL AND JURIDICAL POSITION OF KOSOVA AS A FEDERAL UNIT IN THE FORMER YUGOSLAVIA

According to the Constitution of the former Socialist Republic of Yugoslavia (SFRY) of 1974, which was in force until the deassociation of that country, Kosova was one of the eight federal units of that state, i.e. it was its constituting unit (Article 2 and 4 of SFRY). The territory and border of the Socialist Federal Republic of Yugoslavia could not be changed without the consent of all federal units, therefore without the consent of Kosova too, and the territory and borders of Kosova could not be changed without its consent (Article 5 of the Constitution of SFRY). Kosova as a constituting unit of the former Yugoslav Federation, according to the (now defunct) state, was identified as such in basic principles and normative part of the Constitution. Without the participation of the representatives of Kosova, and without its consent on decision-making matters of common interests of the federal state, the functioning of federal organs and decisions on those matters, was impossible. Kosova as a federal unit, with its representatives, participated directly in the constitution of federal organs: Presidency of SFRY, Federal Parliament, Executive Council (Government), Constitutional Court of Yugoslavia, Federal Court, National Bank of Yugoslavia, etc.

The Federal Parliament could not pass laws, and other general acts without the consent of Kosova as a federal unit (Articles 286, 292, 295, 296, 298, 304, etc. of the Constitution of SFRY). The Constitutional of SFRY could not be changed without the consent of Kosova too (Articles 398 and 402 of the Constitution). Kosova, like other federal units of former Yugoslavia, had its Presidency, which represented it within Yugoslavia, its Parliament, Government, juridical bodies (Constitutional Court, Supreme Court, Public Prosecution), administrative bodies, and all other state bodies. The constitutional position of Kosova, the structure of state bodies, and their functioning, were regulated by the Constitution of Kosova. Thus, Kosova as a federal unit of former Yugoslavia was equal with other federal units in all matters marking statehood.



DISCRIMINATORY AND UNCONSTITUTIONAL LAWS AND OTHER JUDICIAL ACTS ON KOSOVA PASSED BY THE ASSEMBLY OF SERBIA

(The decision on declaring amendments 9-49 to the Constitution of the Socialist Republic of Serbia (Official Gazette of SRS 11/89 of 28 March 1989)

By these amendments the constitutional position of Kosova, previously regulated by the Constitution of SFRY, Constitution of SRS, and the Constitution of Kosova (all dating from 1974), was unconstitutionally changed. Thus, amendment 47, article 3 of the Constitution of SRS says:’The Assembly of Serbia before deciding upon a proposal to act for changes in the Constitution of Serbia, presents the proposal for consideration to the assemblies of the autonomuos provinces, takes into account the opinion of the assemblies of the autonomous provinces, and takes decisions upon those opinions.

So, we are dealing here with an essential alteration of the constitutional position of Kosova, because according to the previous constitutions it could not be changed without an agreement by Kosova. However, by the above-mentioned amendment 47, article 3 in the Constitution of SRS, an agreemend from the Assembly of Kosova is not needed for changes in the Constitution of Serbia in relation to the constitutional position of Kosova, but only an opinion of the Assembly of Kosova, which is of an unobligatory character. By this, the autonomy of Kosova will gradually, but shortly, be degraded and ultimately will fade away entirely.

By the amendment 43, possibilities were created for the Presidency of SRS (Serbia) to self-indulgently, and according to its own evaluations, enpower republican bodies to take over the jurisdictions of provincial organs at any moment and for an unlimited period of time. This is possible according to the stand 3 of the quoted amendment, stating as follows: ‘The Presidency of the SR of Serbia, within the framework of the rights and obligations of the Republic, examines the situtation of the protection of the constitutionally verified order (state security), and the situation of the public security, and takes decisions concerning the measures to be taken and activities to be agreed upon in this area in the territory of the Republic as an entirety, and reaches a singular evaluation of the situation of the protection of the constitutionally verified order of the Republic, and the measures for its implementation. When it has certified that this is required by special reasons for the security of the Republic, with the intention of smashing activities aimed at jeopardizing and ruining the constitutionally verified order, the Presidency of SR of Serbia can, in accordance to the republican law, take a decision in a way so that a competent republican organ take over the organization, administration or execution of particular jobs in the protection of the constitutionally verified order in the entirety of the territory, or part of the territory of the Republic.

The Amendment 27 states: ‘In the Socialist Republic of Serbia the Serbo-Croat language and its alphabets - cyrillic and latin - is in an official and public use.

This Amendment is in contradiction to the constitutional principles on the equality of languages, and in contradiction to the true circumstances in Kosova, where Albanians make 90 per cent of the population.

The second aspect of the unconstitutionality of the mentioned amendments has to do with the procedure itself and the situation that prevailed at the time of their approval. In fact, immediately before their approval, on 27 February 1989 to be exact, the Presidency of SFRY introduced a state of emergency to Kosova, which was still in power on 23 March 1989, when the Assembly of Kosova passed a decision for granting its consent to constitutional amendments 9-49 of the SRS Constitution. The building of the Parliament of Kosova was surrounded by the army and police, tanks and armoured vehicles, and military aircraft and helicopters hovered low over it at the very time of decision-making, which means that the consent was given under strong pressure. Then, the counting of votes ‘for’ and ‘against’ was never done, although counting was necessary, for in granting a relevant judicial consent for the approval of amendments, the majority of votes of all delegates of the Assembly was needed. Finally, in deciding on the consent to the amendments of the Constitution of SR of Serbia, persons that were not delegates at all, such as presidents of municipal committees of the Communist League of Yugoslavia voted, on which there is sufficient material proof. The decision itself on the alleged ‘consent’ for the amendments to the SRS Constitution was not published in the Official Gazette of SAPK, as required by the Article 229, item 1,2,3 of the Constitution of Kosova. On the occasion of granting such an (unconstitutional) consent, initiated by the academician Gazmend Zajmi and lawyer Bajram Kelmendi, the Constitutional Court of Kosova with its verdict U.br.54/90 of 27 June 1990, decided to initiate a procedure to assess the constituionality of the Assembly of the Socialist Autonomous Province of Kosova in giving consent for the amendments 9-49 to the Constitution of the Socialist Republic of Serbia of 23 March 1989. From this decision, it can be seen that the Court Council consisted of the following judges: Petar Stanisic, Zeqir Marmullaku, Nike Lumezi, Zoran Tabakovic, Sejfedin Bakalli, and Zait Xhemajli. Following, by a project-decision of the same court no.54/90 of 27 July 1990, the decision to give consent to the amendments in the Constitution of Serbia was annulled, and the Constitutional Court Council consisted of the following judges: Petar Stanisic, Zeqir Marmullaku, Nike Lumezi, Jelica Kajtazi, Zoran Tabakovic, and Zait Xhemajli. The verdict remained unsigned, for in the meantime the Assembly of Serbia, after it had introduced a state of emergency to Kosova, also in an unconstituional way, passed another unconstitutional Law on the cessation of work of the Assembly of Kosova, its executive body and other officials of the boards of management, so a ‘moratorium’ in the work of the Constitutional Court of Kosova ensued, and immediately after this, this institution likewise stopped to exist.

On the basis of the mentioned amendments, to the time of the approval of the new Constitution of the Republic of Serbia of 28 September 1990, and again on the basis of that Constitution, a series of unconstitutional and discriminatory laws and other legal acts were passed for Kosova by the Assembly of Serbia, but only the following laws and legal acts will be analyzed in this paper:

The Program for the establishment of peace, liberty, equality, democracy and prosperity in the autonomous province of Kosovo (Official Gazette of SRS, 15/90 of 30 March 1990)

Behind this cynical title, the Serbian program for the colonization of Kosova was hidden, for its ethnic cleansing, for dismissing Albanians from all administrating offices in enterprises and other institutions, for the discrimination of the Albanians in all fields of life, for ruining the economic basis of Kosova, and for violating the human rights and liberties of the Albanians in Kosova. Thus, this Program represents an unprecedented discriminatory and racist legal act of the Assembly of Serbia. It foresees measures to be systematically and continuously undertaken against Kosova and the Albanians, aimed at changing the ethnic content of Kosova, expulsion of the Albanians from their hearths in various areas of former Yugoslavia, and filling them with Serbs and Montenegrins coming from all areas of former Yugoslavia. The Program foresees discriminatory and destructive measures in the following fields: politics, economy, employment, education, culture, health, justice, state management, information - in a word, all domains of life and work. Continuing, most important measures anticipated by this Program will be analyzed:

Paragraph 3 (pages 583-594) of the Program envisages: ‘Dynamics of settling citizens to SAP Kosovo will be concorded with the dynamics of filling new jobs at the newly opened factories and enterprises, and the dynamics of apartment building. All necessary conditions will be ensured, so that by mid June 1990, the arrival of the first group of interested citizens to Kosova would be organized.

In order to carry out the duties deriving from this Paragraph of the Program, special commissions were formed in all municipalities of Kosova, which at first dealt with employing Serbs and Montenegrins in organizations, institutions, and managing bodies throughout Kosova, and with ensuring living conditions for the Serbs and Montenegrins coming to live and work in Kosova. One of the ways to ensure lodging conditions, was through violent, illegal expulsion of the Albanians from their apartments, to which they possessed dwelling rights, and settling in Serbs and Montenigrins into their apartments instead. However, in relation to filling jobs it was carried out in a way so that Albanians were priory fired from work, and Serbs and Montenegrins were employed in their places. Likewise, factories were built, or were to be built, such as ‘Radioton’ at Bresja (Fushe-Kosova municipality) and ‘Jumko’ between Prishtina and Fushe-Kosova, where Serbs and Montenegrins, with some exceptional romies, were hired.

Paragraph 9 (page 584) of the Program envisages the following to be one of its permanent duties: ‘To regularly overview the situation of public order and peace in the territory of SAP Kosovo, capacitating the interior organs and militia units in hampering violations of public order and peace in larger forms, especially in the cases of demonstrations, work abstentions, and other forms of massive rallies of citizens, and on the basis of it, work out a plan of action by the organs of interior affairs and militia units, with plainly verified duties by the republican and provincial secretariats for interior affairs in the sense of forces, equipment, means for engaging and carrying out these plans, meaning also the dislocation of the existing militia stations and branches, and their formation where they existed in the ‘60s, when they were abolished.

From this paragraph, the intention of Serbian authorities to try to bring back to Kosova a situation which already existed during the time of the notorious federal minister for interior affairs - Aleksandar Rankovic, is clear. Subsequently, this duty was also carried out, since the competences of the Provincial Secretariat of the Interior were taken over by the Republican Secretariat of the Interior of Serbia, as of 16 April 1990, when besides officials and other employees, all Albanian policemen were dismissed. All equipment, including personal weapons, were taken away from them on the occasion. A United unit of militia of the federal SUP was formed instead (consisting of militias from all former republics of SFRY), and after the dismemberment of SFRY, only the militia unit of the Republic of Serbia remained (consisting exclusively from Serbs and Montenegrins). Thus, an ethnicly pure militia was created, carrying out an unseen state terror against the Albanians with no one to hold them responsible. Not against a single policeman, regardless of the great number of the killed, wounded and tortured Albanians by the police, was any form of investigation ever initiated. When one adds to this the fact that staff enforcement was achieved by bringing in military forces to Kosova, working closely with the police forces, it is clear why Kosova represents today the most militarized region in Europe. It is important to state, however, that the Serbian officials themselves admitted that to keep these forces in Kosova, it costs Serbia over a million dollars daily.

Paragraph 13 (page 584) of the Program envisages the following: ‘To undertake additional measures in staff strengthening, professional preparation, and material-technical facilitation of the organs of the interior affairs in Kosova’.

The government of Serbia gave prior importance to, and has been strictly carrying out this duty, as it may be seen every day in the towns of Kosova how groups of police forces move around, armed to teeth, equipped with devices for distant listening, and in armoured vehicles. With them, as bolstering personnel, paramilitary formations of Arkan and Seselj, and other paramilitary groups consisting of Serbs act, the existence of which was admitted also by the former president of the so-called SR of Yugoslavia - Dobrica Cosic, in his exposition held on 15 October 1992, at a session of the Assembly of the so-called SR of Yugoslavia. By the way, the staff enforcement, and material-technical facilitation, was envisaged to be a permanent duty in order to quench and hinder democratic processes in Kosova, and break the political will for self-determination of the Albanians following the dismemberment of SFRY, a constituting part of which was also Kosova.

Paragraph 15 (page 585) of the Program envisages: ‘The formation of new municipalities: Srecka - in the territory of Prizren, Gora - in the territory of Dragash, and possibilities and necessities are to be studied for the creation of the new municipality of Zvecan - the territory of Mitrovica municipality, and a number of other municipalities in areas were Serbs and Montenengrins make a majority.

This task of the Program was realized in the way in which new municipalities were established: Gora and Opoja (territory of the municipality of Dragash), Zvecan (territory of the municipality of Mitrovica), and the laws on establishing new municipalities were published in the Official Gazette of SRS, 40/90. The intention of establishing new municipalities, in the areas inhabited mainly by Serbs and Montenegrins, is an ethnic cleansing of those municipalities, in which Albanians are not allowed to build homes, in order so that they be hindered from getting settled in those areas. A second intention is the creation of as many ethnically pure areas as possible, in which the authority is held exsclusively by Serbs and Montenegrins.

Paragraph 17 (page 585) of the Program envisages:’An immediate replacement from all managing offices at enterprises, and also in other public institutions of all of those that participated in the demonstrations.

In order to carry out this paragraph of the Program a ‘formula’ was invented for introducing emergency measures in enterprises and public institutions, in which all Albanians were removed from office and Serbs and Montenegrins, coming from Kosova or/and Serbia and Montenegro, replaced them. The same was done with judiciary organs, University of Prishtina, local government officials in all the municipalities of Kosova, humanitarian organizations, mass-media, social security centers, child care centers. By the introduction of emergency measures, 115.000 Albanian employees were dismissed in order so a two-fold goal would be achieved: exposing Albanians to such living conditions, so that because of the hardship, life in these territories would be impossible for the Albanians, a consequence of which was a large-scale emigration of the Albanians to West European countries - i.e. an ethnic cleansing of Kosova, and the creation of circumstances for settling Serbs and Montenegrins to Kosova.

Paragraph 24 (page 585) of the Program envisages: ‘The Assembly of the Socialist Republic of Serbia will pass a law on the official use of the Serbo-Croat language and the alphabet in the Socialist Republic of Serbia.

This Law was indeed passed, and by it the official use of the Albanian language was excluded, although Albanians make 90 per cent of the Kosova population.

Paragraph 33 (page 586) of the Program envisages the following to be a permanent task: ‘Special action shall be undertaken for securing normative order - laws, self-governing and other general acts - priority to creation of jobs for the returned Serbs and Montenegrins emigrated from Kosova and for settling all those who wish to live and work in Kosova.

In order to accomplish this task, all organizations and institutions in Kosova were issued orders to make out special programs for employing Serbs and Montenegrins, without any competing procedure, as it was indeed done. So, Serbs and Montenegrins are favored in employment, while the Albanians are being fired from work en masse, causing them to leave Kosova and seek better living conditions in West-European countries. And, in order so that Albanians be fired from work, the Serbian Assembly saw to it by adopting a Law on labour relations in special circumstances. By the implementation of paragraphs of this special discriminatory Law, and the introduction of special circumstances in all state-owned enterprises and institutions, 115.000 Albanians were fired from work.

Paragraph 35 (page 586) of the Program envisages: ‘Examining the grounds for the integration of the existing schools for interior affairs (SSUP in Sremska Kamenica and Vuciterne, and VSUP in Zemun), i.e. for creating an educational-training center for training cadres, for the needs of interior affairs organs in the whole republic, by which important prerequisites for the realization of unified functions in the field of security would be created.

The social-economic grounds, as this paragraph of the Law envisages, is but an excuse of the Serbian authorities, for the main intention is to abolish the only school for police officers, in which Albanians too could attend classes in their mother tongue (the school in Vushtrri), and to take over all competences of the provincial organs of interior affairs in Kosova, also formally, so that circumstances for free implementation of state terror against the Albanians would be created.

That indeed happened, since the realization of unified functions of the Republic in the field of security was achieved, as it will be discussed later on.

Paragraph 40 (page 586) of the Program envisages:’Offering professional help to the Provincial staff of the civil defense of SAP Kosovo, and local staffs of municipal civil defense (Shtimje, Podujeva, Malisheva, Gjakova, Decan, Gjilan, Lipjan, Vuciterne, Mitrovica, Kacanik, Dragash, and Kamenica), as well as in the newly-formed municipalities, for harmonizing the organization and personal and material formation of civil defense structure, work out planning documentation, and carrying out training with the staffs and units of the civil defense.

It was acted as envisaged. All municipal staffs of civil defense, as well as the provincial staff of civil defense passed in the hands of the Serbs and Montenegrins, after all Albanians had been expelled, and the training in those staffs, and documents, remained exclusively in the hands of the Serbs and Montenegrins, serving the realization of the Serbian politics. In relation to this, a series of decisions were passed, which were published in the Official Gazette of SRS, and the Official Gazette of SR respectively.

Paragraph 41 (page 587) of the Program envisages: ‘Organizing training of newly-elected officials (municipal presidents, municipal executive committees presidents, national defense secretaries, commanders of territorial and civil defense) in the domain of the overall national defense.

Like the civil defense, the national defense was passed into the hands of the Serbs and Montenegrins exclusively, as all the presidents of municipalities and of municipal executive committees in Kosova are Serbs and Montengrins, so that the territorial defense was organized according to the needs of the Serbian politics, which has been aimed against the Albanians in Kosova. All Albanians in these organs were likewise dismissed from office and fired from work.

Paragraph 43 (page 587) of the Program envisages:’Harmonizing the warfare order of military draftees in relation to the warfare units.

From this paragraph, it results that beginning from March 1990, when the war in Slovenia, Croatia, and Bosnia-Herzegovina had not yet started, Serbia had been prepared and determined for the option of war, in its run for creating Great Serbia.

Paragraph 47 (page 587) of the Program envisages:’To immediately strengthen the work of the Press-center at the Assembly of SAP Kosova; organize thematic conferences for journalists in Prishtina and Belgrade; strengthen the correspondents’ network of Yugoslav mass media in Prishtina; initiate various aspects of cooperation among the mass media from the Socialist Republic of Serbia and SAP Kosova; organize periodical discussions with editor-in-chiefs and editors of the Yugoslav mass media on information on the Kosova developments.

By this, the Serbian regime meant to present developments to the inner and world public opinion from the standpoint of daily political interests, in a distorted way, in order to give an inaccurate picture on the Albanians, in order that the world be beguiled on the aspect of violations of individual and collective rights and liberties of the Albanians, in order so the genocide, which is being carried out for quite some time against the Albanians, be camouflaged, and truth on the situation in Kosova kept. In order to realize this task, the closing down of Radio-television Prishtina in Albanian followed together with the banning of the single daily newspaper in the Albanian language - Rilindja, the introduction of emergency measures in all local radio stations, printing house ‘Rilindja’, at the Institute for text-book pbulication etc., beginning as early as July 1990.

Paragraph 52 (page 588) of the Program envisages: ‘A special Law is to be passed on the formation of a Fund for ensuring material conditions for instigating a development of the SAP Kosovo aimed at stopping emigration and encouraging the return of the emigrated Serbs and Montenegrgins to Kosova.

Thus, using all means, including the formation of special funds, similar to the one from this paragraph of the Program, the immigration of Serbs and Montenegrins to Kosova is instigated, the colonization of Kosova is underway through discrimination of the Albanians, because Albanians may not make use of the material means created by the formation of such and similar funds and programs. A special law foreseen by this paragraph of the Program has already been adopted and its title reads: the Law on the Fund for instigating the development of SAP Kosovo aimed at stopping emigration and for the return of Serbs and Montenegrins to Kosova. Special attention will be devoted later to this particular discriminatory law.

Paragraph 57 (page 588) of the Program envisages: ‘Possibilities for employing Albanians in other parts of Yugoslavia, in accordance with the Yugoslav Program on Kosova will be examined.

This is yet another argument which bestly illustrates the Serbian plans for an ethnic cleansing of Kosova, respectively for creating conditions for settling in Serbs and Montenegrins to Kosova, through a displacement of Albanians to other parts of Yugoslavia.

Paragraph 59 (page 588) of the Program envisages: ‘Necessary measures will be taken for assuring legal basis for the division of socially-owned farming land to those farmers who are coming to permanently live and work in Kosova. Furthermore, favored conditions will be created for the creditation of apartments and construction of needed farming objects, and for buying farming machinery.

In order to carry out this task from the paragraph of the Program, special regulations were adopted: the law, programs and various decisions, on the basis of which the granting of farming land, and land for building homes exclusively for Serbs and Montenegrins who want to permanently settle to Kosova is foreseen,i.e. to the Serbs and Montenegrins who will colonize Kosova.

Paragraph 60 (page 588) of the Program envisages: ‘Large technological producing systems in the domain of railroad and PTT traffic, gas and chemical complexes, energetics, agricultural and water economy, banking, foreign trade, tourism, and insurances through instigating measures of the economic policy, which are passed by the Republic, should stimulate that through their own investment programs, be in the service for a speedier development of Kosova, larger employment, especially of the young - stopping emigration and settling in those citizens who want to live and work in Kosova.

Through the creation of large systems, as it is anticipated by this paragraph of the Program, the integration of the biggest and most important economic capacities of Kosova with Serbia is aimed at against the will of the Albanians, together with the takeover by Serbia of the entire economic policies of Kosova, the ruining of economic basis of Kosova, so that Albanians would be compelled, because of worsening material position and unbareable living conditions, because of insecurity and overall discontent in the midst of discrimination, leave Kosova en masse, through which the ethnic cleansing of Kosova would be achieved. On the other side, all that has been done so far for an alleged speedier development of Kosova, are investments in building apartments exclusively for Serbs and Montenegrins being settled in Kosova, upon which, in accordance with this paragraph, special programs, the aim of which is the colonization of Kosova have been passed.

Paragraph 61 (page 588) of the Program envisages: ‘During 1990 all conditions shall be secured in order to allow economic enterprises from Serbia to construct factories in 30 villages inhabited mainly by Serbs, Montenegrins, Muslims, and Gorans, that is villages where the emigrated come back, or where the ones who wish to live and work in Kosova settle. Priority shall be given to the villages in the municipalities of Leposavic, Mitrovica, Fushe-Kosova, Zubin Potok, Novo-Berda, Shterpce, Lipjan, Gjilan, Obiliq, and Ferizaj, with villages and local communities inhabited by Serbs and Montenegrins, then Prilluzhe, Gracanica, Kamenica, and so on.

Any comment to this paragraph is unnecessary, as the task coming out of this paragraph speaks clearly of colonization, Serbianization, discrimination, and ethnic cleansing of Kosova. Even more so since all the settlements, communal centers, and towns are counted, in which Serbs and Montenegrins live in majority and where conditions are to be created for massive coming of Serbs and Montenegrins and their colonization of Kosova.

Paragraph 67 (page 589) of the Program envisages: ‘Creating a cooperation with the authorized organs of SAP Kosova in building apartments for the returnees and cadres (location, urbanistic plans and conditions, land adjustments etc.) In accordance to this, during 1990, activities will be speeded up for an immediate resumption of work in an urban preparation of location and building: 300 apartments in Prishtina, 250 apartments in Fushe-Kosova, 150 apartments in Obiliq, and 50 apartments each in Novo-Berda, Shterpce, Lipjan, Zubin Potok, and Kamenica, as well as in the preparation of the location for building family homes according to the Yugoslav Program on Kosova.

It clearly comes out of this paragraph that the basic preoccupation of Serbia is to change the ethnic content of Kosova and institutionalize discrimination against the Albanians. The greatest part of the task from this paragraph has already been realized, but more will be said later upon it during an analysis of special programs for building apartments, securing locations exclusively for Serbs and Montenegrins, and changes of urbanistic plans.

Paragraph 68 (page 589) of the Program envisages:’Through provincial committees for urbanism, the dwelling and communal activities of the SAP Kosova verify conditions of the urbanistic plans in the Province, in the aspect of possibilities they offer for the returnees for building homes and initiating changes in the existing plans, respectively passing new plans, which will ensure such possibilities.

In order to carry out the task from this paragraph of the Program, the Assembly of Serbia passed two programs and 10 decisions on changes and extensions of detailed urbanistic plans of some of the towns and settlements in Kosova. These changes and extensions of the urbanistic plans were done only in the aspect of their destination, so that instead of their prior destination the building of apartments and facilties was foreseen, respectively granting land to exclusively Serbs and Montenegrins who come to live and work in Kosova, and to Serbs and Montenegrins who have come from Albania.

Paragraph 75 (page 589) of the Program envisages: ‘Realizing a united elaboration and printing of text-books for elementary and secondary scools, according to united teaching curriculums.

This paragraph of the Program foresees the ruining of the educational teaching system in the Albanian language in Kosova. By it, the right of the Albanians to learn their national history and culture is denied, as with the teaching curriculums of the Republic of Serbia lecturing units dealing with the Albanian history and culture are reduced to a mere symbolic form. This paragraph aims at an assimilation of the Albanians.

Paragraph 80 (page 590) of the Program envisages: ‘A plan on additional enrollment in the University of Prishitna will be verified, on the basis of which beginning from the school year 1990/91, and within a united enrollment policy in the Republic, several thousand students of Serbian, Montenegrin, Slovenian, Macedonian, Croatian and other nationalities will be enrolled, and necessary conditions on the republican and federation level will be established for this, by securing proper means for building student facilities for settling these students who want to live and work in Kosova.

By this, policy of enrolling students at the University of Prishtina, which is in contradiction with the University status regarding students to be enrolled each year, the Serbianization of the University of Prishtina, and elimination of teaching in Albanian is aimed. The number of some thousand students from various regions of Serbia and former Yugoslavia, who are to be enrolled successively at the University of Prishtina, is also in contradiction with the national content of the population of Kosova, with the Albanians making 90 per cent, and this means also with the national structure of the University. By the way, the University of Prishtina was the only superior schooling institution in Yugoslavia where teaching was conducted in two languages: Albanian and Serbo-Croatian, in which Albanian students could attend classes in their mother tongue. The enrollment of several thousand non-Albanian students in the University of Prishtina, considering the limited number of the students who can be enrolled, means at the same time denying the right to University enrollment to the same number of Albanian students. On the other side, the creation of material and dwelling conditions for such students coming from all regions of Serbia and former Yugoslavia, so that after they finish their studies may permanently be settled to work and live in Kosova, ultimately aims at changing the ethnic structure of Kosova by bringing in and colonizing it with Serbs and Montenegrins.

Paragraph 87 (page 591) of the Program envisages: ‘The specialistic service will be strengthened with cadres and with the engagement of specialist phycicians from other parts of the Republic.

Not even health was spared from measures and duties of Serbia deriving from the Program. It was acted exactly according to the orders of the Program. The entire health service in Kosova, Medical Faculty and all clinics, all health institutions and ambulances are put under emergency management. Doctors, and the rest of medical staff of Albanian nationality, were dismissed, and Serbs and Montenegrins were brought to take their places from the Republic of Serbia. By this, the health of the Albanians was also threatened, respectively they could not enjoy health care in the organizations which had been established by their own sweat.

Paragraph 91 (page 591) of the Program envisages: ‘Necessary activities and measures will be undertaken for the decrease of the birth rate in Kosova.

It has been widely known that one of the permanent preoccupations of Serbia was and still is to decrease the number of Albanians in Kosova. One of the measures to reach that aim is the decrease of the birth rate of the Albanians in Kosova. The aim of this measure is to change the ethnic content of Kosova. Measures envisaged by this paragraph of the Program are implemented by the Law on Labour Relations, the Law on the Child Health Care, and other regulations, which will become object of analysis.

In order to carry out the policy envisaged in this Program, Serbia anticipated, by paragraph 6 of the Program (pages 582-583) the following: ‘If Albanian nationalists and separatists continue to oppose the approved policy of peace, freedom, equality, democracy and prosperity of the AP of Kosova inside the Republic of Serbia, so that this Program can’t be fully and successfully accomplished, they will be stopped by all means; by these acts they will cause much damage to members of their own nationality, the Albanians. They will continue to stop the creation of conditions for a faster fluctuation of foreign capital and for higher investments of enterprises from Serbia and other parts of Yugoslavia in the economy of Kosova; they will make faster development, employment, and prosperity of Kosova impossible; they will cause further backwardness, mainly of their nationality, and keep it from enjoying the civilization achievements of the contemporary world. In that way, they will keep their own population in material poverty, force them to live by under medieval conditions, to suffer because of the illogical high birth rate.

This kind of an open threat issued to the Albanians, deriving from paragraph 6 of the Program, has been materialized in its entirety. Following the adoption of the Program, there isn’t either peace, nor freedom, equality, democracy, nor prosperity for the Albanian people. Furthermore, there isn’t an autonomy of Kosova either, nor its previous name ‘Kosova’ (since the same has been replaced with ‘Kosovo i Metohija’, nor the name Albanci (Albanians) for it has been replaced with the name Siptari (a pejorative name). Repressive measures against the Albanians have been further increased, human rights and liberties of the Albanians are being violated in most drastic ways and institutionally: through discriminatory laws and programs and other judicial acts passed in a continuity since March 1990, at a time when this Program was passed by the Assembly of Serbia, and until December 1992, when this paper was being prepared. The number of the killed, wounded, physically ill-treated, of the Albanians sentenced with short and long prison terms, as well as the number of those fired from work, and forcefully evicted from their apartments, with successive undertaking of punitive expeditions by the Serbian police in Albanian villages and town quarters, represents a concrete realization of the threat deriving from paragraph 6 of the Program. So, this is the result of the Serbian policy of repression against the Albanians in everyday life, a repression which has been carried out parallelly with the institutionalized discrimination.

Amongst the discriminatory and anti-Constitutional laws and legal acts special attention should be paid to the following:

The Law on the action of the Republican organs in special circumstances (Official Gazette of SRS)

30/90 of 26 June 1990)

By this Law, in an unconstitutional way, all authority was usurped from all state organs of Kosova and transferred to the state organs of Serbia, by which the autonomy of Kosova was even de jure ruined. On the other side, the same Law in fact introduced a state of emergency to Kosova for an undefined time, which is still going on. For the sake of truth, the term ‘a state of emergency’ is intentionally never mentioned in the Law, in order to avoid any disconveniences with the international norms, according to which, in case of the mention of the term ‘the state of emergency’ that kind of state has to be introduced for a limited period of time, and the UN organization should be informed of it. Apart from it, neither of the Constitutions (the former SFRY Constitution, that of the SR of Serbia, nor the Constitution of Kosova), which were in power at the time, do not recognize the term ‘special circumstances’. This means that the wording ‘special circumstances’ were euphemistically used in the mentioned Law, as a substitute for a state of emergency, in order to delude the public opinion. Furthermore, this Law is in contradiction to all three Constitution of the SFRY of 1974, Constitution of the SR of Serbia, and the Constitution of Kosova of the same year (which were in power at the time of the adoption of the Law on the action of the republican organs in special circumstances), and the introduction of a state of emergency by one of the federal units (Serbia) to another federal unit (Kosova) is an unprecedented case in the history of federal state, of the kind former Yugoslavia was. Because of this, the anti-constitutionality of this Law is to be seen also from this aspect. The United Labor Court of Kosova, Municipal Assembly of Gjakova, and other bodies, initiated as early as July 1990 a procedure for evaluating the constituionality of that Law at the Constituional Court of Yugoslavia, but unfortunately the Court fell under the influence of the Serbian daily politics, and in connection to the initiative never passed a decision.

That by the Law on the action of the Republican organs in special circumstances the autonomy of Kosova was ruined, and that by it a state of emergency for an unlimited time was introduced to Kosova, is best illustrated by the following quoted paragraphs of this Law:

Paragraph 1 of the Law states:’In order to secure constitutionality and lawfulness, democratic freedoms, rights, duties and responsibilities of citizens and their equality in the entire territory of the Republic of Serbia, the republican organs, Supreme Court of Serbia, Public Attorney of Serbia, the republican public persecutor, republican attorney of self-management, the United Labor Court of Serbia, and the Supreme Economic Court of Serbia (further in the text: republican organs) have a right and duty to act in accordance to the paragraphs of this Law when security reasons (special circumstances) call upon in a part of the territory of the Socialist Republic of Serbia.

So, it is quite evident that this Law is to be implemented only in Kosova (in a part of the territory - as it is stated in the quoted paragraph of the Law), and not in the entire territory of the Republic, as it stands in paragraph 19 of the Law, by which obviously decepetion of the international public opinion is intended. In favor of this, apart from what was already said, goes the Decision on the assessment that special circumstances have arisen in the territory of the Socialist Autonomous Province of Kosova (Official Gazette of SRS 31/90 of 26 June 1990), meaning that the decision was taken by the Assembly of Serbia on the same day when the Law on the action of republican organs in special circumstances was passed. And, in article 1 of this decision it is stated:’It has been ascertained that in the territory of the Socialist Autonomous Province of Kosova special circumstances have arisen from article 2, paragraph 1 of the Law on action of the republican organs in special circumstances.

Paragraph 6 of this Law states: The Supreme Court of Serbia, in cases from paragraph 2 of this Law, appoints another authorized court, respectively another authorized organ, to act in particular cases in the penal, lawsuit, and misdemenaour, executive and misdemeanour procedure, and administrative contest. Then, in article 3 of this paragraph it stands: ‘Proposal from paragraph 2 of the article may be introduced also by the party.

And paragraph 7 of the Law prescribes: ‘The United Labor Court of Serbia, upon a proposition from the republican social self-governing attorney, shall determine that in cases from paragraph 2 of this Law, another authorized court in the Republic takes action. The United Labor Court of Serbia decides upon appeals against first-degree courts, from article 1 of this paragraph, as well as on the propositions for renewed procedure which has been concluded by a judicial decision of the United Labor Court, from article 1 of this paragraph.

By the implementation of the first procedures of this anti-constitutional Law, over 70 thousand cases under the jurisdiction of various courts in Kosova, and specially from the jurisdiction of the elementary United Labor Court, and Magistrate Court of Prishtina were given in consideration to the courts of Serbia through the way of an illegal delegation of the jurisdiction of the Kosova courts to the courts of Serbia. These cases dealt mostly with contests involving illegal dismissals of Albanian workers, which the courts in Serbia have not resolved for over two years now, although these represent cases of an urgent legal nature. Therefore, Albanians may not realize legal protection, and their rights, neither before the courts of Kosova, nor those of Serbia, the jurisdiction of which was determined through delegation; therefore Albanians remain outside the law.

The disposition of paragraph 11, item 1 prescribes: ‘When special circumstances arise from article 4, paragraph 2 of this law, as in other cases when social interests are damaged, or when legally sanctioned duties are not carried out, or self-managing relations are seriously disordered, the Assembly of the Socialist Republic of Serbia may temporarily confine the realization of certain self-managing rights, and undertake other interim measures towards certain public enterprises and institutions in the territory of the Republic of Serbia, in which such circmustances have occurred.

On the basis of this disposition, the Assembly of Serbia passed over 470 decisions on the introduction of interim measures (emergency measures) in almost all public enterprises, and institutions in Kosova. Such measures were introduced beginning from foundations attended by pre-school children (kindergartens) to the University of Prishtina. Following the introduction of interim measures, all Albanian managers, and other experts, were discharged, and the rest of the Albanian employees dismissed from work, and Serbs and Montenegrins took their places. The basic aim of the introduction of interim measures in Kosova are the following: the destruction of public enterprises and institutions in Kosova, ruining of the economic basis, of banking, schooling, educational, health, information, juridical, and cultural system in Kosova; mass dismissal of Albanians from work, and the creation of conditions for employing as many Serbs and Montenegrins settling to Kosova, aiming at an ethnic cleansing of Kosova respectively. In favor of this speaks the fact that for the period in the aftermath of the adoption of the Law on the action of the republican organs in special circumstances, in the territory of Serbia (without Kosova), only one single decision was passed by the Assembly of Serbia (concerning the enterprise for electric energy distribution ‘Elektromorava” in Pozarevac), and for a period of only three months, as published in the Official Gazette of SRS, 46/90).

The Serbian authorities have repeatedly reiterated their justification that allegedly first came the adoption and publication of the Constitutional Declaration, by which Kosova was declared an independent and equal unit within the framework of the federation (confederation) of Yugoslavia, as an equal subject with other units in the federation (confederation), so that because of that, measures for narrowing, or ruining the autonomy of Kosova respectively, became a necessity. However, having in mind the fact that the Decision on the evaluation that special circumstances have arisen in the territory of the Socialist Autonomus Province of Kosova, and the Law on the action of the republican organs in special circumstances, were passed as early as 26 June 1990, i.e. before the adoption of the Constitutional Declaration by the Assembly of Kosova of 26 July 1990, then it is quite clear that the ruining of the autonomy of Kosova was planned and carried out by Serbia before, on the basis of the Program on Kosova of 30 March 1990. Another justification by the Serbian authorities regarding the Law on the action of the republican organs in special circumstances, which has been reiterated over and again, is that the law has been allegedly revoked and not been in use from the time of the adoption of the new Constitution of Serbia of 28 September 1990. However, this assumption too is groundless. This can plainly be seen from the disposition of paragraph 11 of the Law on measures in case of a state of emergency, published in the Official Gazette of RS, 19/91 of 29 March 1991, which reads:’In a part of the territory of the Republic of Serbia, in which before the passing of this law special circumstances have been declared, measures verified by special regulations are implemented, and other measures may be introduced as determined by the National Assembly. Measures from item 1 of this paragraph are implemented until the National Assembly decides otherwise.

Therefore, from the above-mentioned legal dispositions, it plainly derives that in Kosova dispositions of the Law on the action of the republican organs in special circumstances are still in force. Furthermore, the possibility of adding new measures to those already in force is envisaged.

The Law terminating the work of the Assembly of the Socialist Autonomous Province of Kosova and Executive Council of the Socialist Autonomous Province of Kosova (Official Gazette of SRS, 33/90 of 5 July 1990)

This Law was adopted in inconsistency with the Constitution of SFRY, SRS, and the Constitution of Kosova of 1974, which were in force at the time. The Law represents the culmination in the process of ruining the constitutional autonomy of Kosova, for the work of the Assembly of Kosova, its Executive Council, and other organs of administration is terminated in an unconstitutional way. This is an unprecedented case for a federal assembly system: since the assembly of one federal unit decides upon the termination of work of the assembly of another federal unit, and its government. According to the Constitution of SFRY (1974), in force at the time, both federal units (Serbia and Kosova) were constituting units of the Yugoslav Federation.

Paragraph 2 of this Law reads:’The rights and duties of the Assembly of SAP Kosova are undertaken by the Assembly of Serbia, and those of the Executive Council of SAP Kosova by the Executive Council of SR Serbia, until the constitution of the new Assembly of SAP Kosova and the Executive Council of SAP Kosova.

Likewise, paragraph 5 of this Law prescribes:’From the day this Law comes into force, officials in the Assembly of SAP Kosova, members of the Executive Council of the Assembly of SAP Kosova, and officials heading provincial organs of administration, administering organizations, and professional services, the secretary of the Executive Council of the Assembly of SAP Kosova, and their deputies are discharged from office. Officials heading republican organs of administration, republican organs, and professional services, will head respective provincial organizations and services until the Assembly of Serbia makes the election, or appointment of those officials, respectively. The decision discharging the officials, who had been elected or appointed by the Assembly of SAP Kosova, will be passed by the Administration Commission of the Assembly of SR Serbia.

That this law is in direct contradiction with the Constitution of SFRY of 1974, in force at the time, no comment is necessary. It is in contradiction even with the famous legal principle par in parem non habet imperium (i.e. the equal may not judge the equal). An initiative for the assessment of the constitutionality of this Law was undertaken in time. Nonetheless, the Constitutional Court of Yugoslavia never took a decision on this initiative either.

The Law on the Fund for instigating the development of SAP Kosova aimed at stopping emigration, and for the return of Serbs and Montenegrins in Kosova (Official Gazette of SRS, 35/90 of 14 July 1990)

Following the ruining of the constitutional order of Kosova, Serbia began the realization of its permanent aim - colonization of Kosova, by settling Serbs and Montenegrins to Kosova. In order to achieve this goal, Serbia passed regulations through its normative activity, so that apart from the Program, as a basic legal act, special laws were passed through which a colonization of Kosova with Serbs and Montenegrins was fomented. This law too was in contradiction to the Constitution of SFRY of 1974, and in its content it is of a discriminatory nature, therefore in contradiction to international conventions. The name of this Law, the aim of which is allegedly ‘for instigating the development of SAP Kosova’, does not correspond to its content. On the contrary, this law aims at creating material conditions for colonizing Kosova with Serbs and Montenegrins, prescribing for them special favors and privileges. This is bestly illustrated by the dispositions of this Law.

Paragraph 1 of the Law reads: ‘In order to insure material conditions for instigating the development of the Socialist Autonomous Province of Kosova with the intention of stopping emigration, and the return of Serbs and Montenegrins to Kosova, the Fund for instigating the development of SAP Kosova with the purpose of stopping emigration, and the return of Serbs and Montenegrins (further in the text The Fund) is established.

Paragraph 9 of this Law prescribes: ‘The assets of the Fund are to be ensured by: 1. special personal income taxation; 2. legacies and donations; 3. interest rates; 4. other sources.

Paragraph 10, item 1, of the Law reads: ‘A special personal income taxation from paragraph 9, item 1 of this Law, is paid by a rate of (from) 1 per cent (to) 3 per cent by bearers...

Paragraph 11 of this Law reads:’Taxes from paragraph 10, items 1 and 2 of the Law are to be paid within the period from 1 July 1990 to 1 July 1995.

Paragraph 13 prescribes:’The Fund assets, in corcordance to the special Program of the Assembly of the Socialist Republic of Serbia, are to be used exclusively for: investment in public, mixed, and private enterprises and factories, to which conditions will be created for facilitating new jobs; construction and purchacing of housing objects and business premises; obtaining farming and wood land, purchasing farming machinery and equipment, for economic planning. The Fund assets may be used as non-refundable or refundable, in concordance with a special program of the Assembly of the Socialist Republic of Serbia and acts of the Fund. The Fund is responsible for intentional use of the assets ensured in concordance with this Law and for their legal and efficient use.

Paragraph 18 reads: ‘Means for the establishment and resumption of work of the Fund are ensured by the budget of the Republic and the budget of the Socialist Autonomous Province of Vojvodina, in proportion to the participation in the social production of the Republic.

No comment is needed to explain the discriminatory and colonizatory content of this Law.

The Fund, being legally a judicial subject, is seated in Belgrade. The board of the Fund presents an annual report to the Assembly of the Republic of Serbia concerning the use of the Fund’s assets.

On the basis of this Law, the Managing Board of the Fund passed the following program on 9 July 1992.

The Program of the use of assets for the development of the Republic of Serbia for instigating a development of the Autonomous Province of Kosova with the intention of stopping emigration and for the return of Serbs and Montenegrins to Kosova and Metohija for 1992 (Official Gazette of RS, 54/92 of 8 August 1992)

For the adoption of this Program, an agreement was granted by the government of the Republic of Serbia, by a decision no.05-30-5200/58 of 29 July 1992. The title of this Program too is the same as that of the Law on the Fund, so that it too does not aim at instigating a development for Kosova, as its title implies, but to create material conditions and various privileges and favours for stopping the emigration, and for the return of Serbs and Montenegrins who wish to come and live, and work permanently in Kosova. Therefore, the discriminatory and colonizing character of the program is revealed for the last two years by its own dispositions.

Article 1 of this Program prescribes, amongst others, the following: In the territory of AP of Kosova and Metohija, in order to create conditions for stopping emigration, for the return and immigration of Serbs and Montenegrins to Kosova and Metohija, the means of the Fund will be used for the following aims:

for building and purchasing apartments and other dwelling objects in possession of the Fund, and partial creditation of apartment construction,for creditation of constructing, buying and furnishing private businesses, for creditation of purchasing farming machinery and equipment, aimed at encouraging individual farming economies, for building, respectively finishing off minor and other objects from the field of municipal infrastructure, which are of special importance for certain municipalities, or local communities respectively, for completing the construction or adaptation, and furnishing of objects from the domain of health, education, culture, etc. for the purpose of improving living and working conditions of the citizens, children and youth, for an elaboration of a development plan (of particular areas, branches, and certain objects), studies, evaluations - revisions of the investment programs, and specification of other documentation.

Article 2 of the Program envisages the following: ‘The means of the Fund coming from regular circulation (through budget) for 1992, amounting to 500 million DIN, are destined for the following intentions in the following drafting sums and proportions:

1.Means for finishing the construction of 346 apartments in Fund possession in Prishtina (138), Prizren (33), Peja (33), Ferizaj (20), Mitrovica (48), Serbica (5), Podujeva (7), Istog (8), Zvecan (24), and Gjilan (30);

2.Means for apartment loans to those returned and immigrated (with up to 15 years leniency, with a 2 year non-obligation);

3.investment loans for purchase-construction, facilitation and purchasing shops (with 3 and 4 years of leniency, with one year non-obligation);

4.investment loans for purchasing farming machinery and equipment (with 3 to 4 years of leniency, with 1 year non-obligation period);

5.non-refundable credits for the construction of municipal objects of infrastructure: water supplying for the settlements of Bostane and Prekovc, water pipeline construction of Hoca and a pipeline mid-station in Zvecan;

6.non-refundable means for financing objects of social activities, construction of the elementary school ‘22 December’ at the village of Izvor, completion of the elementary school at the village of Zhitia.

7.non-refundable means for participation in financing salaries and compensation to persons appointed in interim organs, compensation for salary differences to experts and staff, specification and evaluation of investment documentation.

Space dispersion of investment, and other activities of the Fund, will be realized according to its intention and duties. Priority will be given to the municipalities (communes), local communities, and settlements with Serb and Montenegrin population, or to ethnically mixed structures with relevant participation of Serbs and Montenegrins. Investment loans for purchasing, construction, and equipment of workshops will be granted to Serbs and Montenegrins returning, and immigrating or whose emigration from Kosova and Metohija will be stopped respectively.

As it may be seen from the above-said content of the Program, the purpose of the same is to settle Serbs and Montenegrins to Kosova with the purpose of changing its ethnic structure. The realization of all the aims envisaged in this Program must be completed by the end of 1992. At any rate, through the Law on the Fund, and this special Program on the usage of the means of the Fund intended for stopping emigration, for the return and immigration of Serbs and Montenegrins to Kosova, the task verified by paragraph 52 of Program on Kosova of 30 March 1990, is being implemented.

The Law on labour relations in special circumstances (Official Gazette of SRS, 40/90 of 26 July 1990)

Through this Law a discrimination of the Albanians is carried out in the aspect of work and labour relations, for it is only used in Kosova, and only against Albanians, as a special discriminatory law. Although the National Assembly of the Republic of Serbia adopted a Law on labour relations (Official Gazette of RS, 45/90 of 27 July 1991), this Law on labour relations in special circumstances is still in force and is being implemented in Kosova against the Albanians. On the basis of this Law, some 115 thousand individual decisions and verdicts have been passed on the dismissal of Albanians from work, without any legal basis. The interim organs leading all socially-owned enterprises and institutions in Kosova, made up exclusively by Serbs and Montenegrins, using authorization from paragraph 6 of this Law, arbitrarily fire Albanians from work, regardless of the degree of professional training and working experience.

Paragraph 6 of this Law reads: ‘An official, the director respectively, decides on the disciplinary accountability of the worker, and communicates all disciplinary measures sanctioned by the law.

Therefore, all disciplinary measures, including the measure of dismissal from work, as the toughest measure, according to this Law, is communicated by the official, the director respectively. The measure of the termination of one’s labour relations is communicated to the employee without the undertaking of any kind of procedure whatsoever by the collective organ - the commission. The time limit allowed for exploring legal remedies for the protection of the rights of labour relations is short, in regard to the time limit set by the Law on labour relations. On the legal remedies decides the interim managing organ, i.e. the same organ that has reached a a dismissal decision at the first degree. According to the disposition of paragraph 3 of this Law, the labour relation is founded without a public notice and competition, which enables the employment of Serbs and Montenegrins into the jobs of the dismissed Albanian employees. Precisely because of this, this Law is called The Law on labour relations in special circumstances. According to paragraph 1 of this Law, the latter is used ‘in the part of the territory of the Socialist Republic of Serbia in which, in concordance to tha law, special circumstances have arisen, during the time these circumstances last...’ However, the sole fact that in the territory of the Republic of Serbia two laws on labour relations exist, and are in use: the Law on labour relations in special circumstances in Kosova, and the Law on labour relations in the territory of the Republic of Serbia, shows clearly enough the discriminatory and unconstitutional nature of this Law. If this hadn’t been the case then why two parallel laws on the same matter (labour relations) with different institutions and implications?!

The Law terminating the work of the Municipal Assembly of Podujeva, and discharging of municipal officials (Official Gazette of SRS, 43/90 of 7 August 1990)

Following the ruining of the autonomy of Kosova by the termination of the work of the Assembly of Kosova, Executive Council of Kosova, and all other provincial state organs, Serbia began ruining local government, too. The Law terminating the work of the Municipal Assembly of Podujeva, and discharging of municipal officials, is a typical case of the ruining of local government. This ruining of the local government is done in order so Albanian municipal officials would be dismissed, and Serbs and Montenegrins from Kosova and Serbia be appointed instead. The population of the municipality of Podujeva, as it is known, is over 90 per cent Albanian. Following the dismissal of all municipality officials of Podujeva, by the Decision on electing and appointing municipal officials of Podujeva (Official Gazette of SRS, 44/90 of 7 August 1990), the following were appointed as new officials: Milutin Aleksic, in the office of the president of the municipal executive council, Milutin Petrovic, from Nish (Serbia),in the office of the vice-president of the executive council, Vojislav Mijailovic, from Blace (Serbia), in the office of the secretary for general board and budget, and member of the executive council, Srbislav Bisercic, as a secretary of the national defence secretariat, and member of the executive council, Vuceta Dobrasinovic, from Prokuplje (Serbia), as the secretary of the public affairs secretariat, and member of the executive council, Branislav Radojevic, from Nish (Serbia), as the secretary of the secretariat for economy, urban and municipal affairs, Vojislav Pejkovic, from Nish (Serbia) as manager of income directorate, Bratislav Savic, from Prokuplje (Serbia) as manager of legal assets affairs, Vukoje Stojanovic, from Nish (Serbia) as head of the professional service for municipal affairs, and Aleksandar Djordjevic, from Prokuplje (Serbia) as head of the professional service of the executive council affairs.

The Assembly of Serbia passed this decision together with 56 more similar decisions on the dismissal of Albanian municipal officials in all municipalities of Kosova, and on the appointment of Serbian and Montenegrin officials from Kosova and Serbia, on the basis of the dispositions of the Law on the action of the republican organs in special circumstances. All the decisions on the dismissal of Albanian municipal officials, and on the appointment of Serbs and Montenegrins in all municipalities of Kosova, were published in the Official Gazette of SRS, 40/90, 43/90, and 53/90, and the Official Gazette of RS, 6/90, 16/90, 22/90, 16/91, 20/91, 30/91, 41/91, 43/91, 46/91, 48/91, 62/91, 65/91, 68/91, 70/91, 11/92, and 47/92.

This way, paragraph 17 of the Program on Kosova on replacing all Albanians from managing offices, not only in enterprises and other social institutions, but also in state organs, was accomplished. Naturally, any comment on the discriminatory and unconstitutional nature of this law would hardly be necessary.

The Law abolishing the Law on superior education (Official Gazette of SRS, 45/90 of 7 August 1990.

Through this Law in an unconstitutional way the Law on superior education of SAP Kosova as published in the Official Gazette of SAPK, 12/89, is abolished. According to the Constitution of SFRY of 1974, Kosova was completely autonomous in regulating educational issues by its laws on all levels, the same as other federal units of Yugoslavia. Therefore, abolishing the Law on superior education of SAP Kosova, in the way it has been done by the Assembly of Serbia, represents a drastic example of constitutional violation.

The Law abolishing the Law on high education (Official Gazette of RS, 45/90 of 7 August 1990)

Through this law too, the Assembly of Serbia, in contradiction to the Constitution of 1974 of 1974, abolished the Law on high education of SAP Kosova, published in the Official Gazette of SAPK, 21/75 and 37/81. The situation is the same as that of the Law on superior education, and the same comment is valid for the latter.

The Law abolishing the Law on pedagogical academies (Official Gazette of SRS, 45/90 of 7 August 1990)

Through this Law, also in an unconstitutional way, the Law on pedagogical academies of Kosova, published in the Official Gazette of SAPK, 26/73, was abolished.

The Law abolishing the Law on secondary education (Official Gazette of SRS, 45/90 of 7 August 1990)

Through this law, and in an unconstitutional way, the Law on secondary education of Kosova, published in the Official Gazette of SAPK, 3/80, 26/80, 7/86, and 23/87 was abolished.

The Law abolishing the Law on elementary education (Official Gazette of SRS, 45/90 of 7 August 1990)

Serbia did not compromise a bit even on the elementary education and schooling in Kosova. Through this Law, contrary to the Constitution of SFRY of 1974, the Law on elementary education of Kosova (Official Gazette of SAPK, 28/79, 46/80, and 7/86) was abolished.



The Law abolishing the Law on continued training of teaching and educational staff (Official Gazette of SRS, 45/90 of 7 August 1990)

Through this Law, the Law on continued training of teaching and educational staff of Kosova (Official Gazette of SAPK, 45/79) was abolished.

The Law abolishing the Law on the educational pedagogical service (Official Gazette of RS, 75/91 of 17 December 1991)

Through this Law, the Law on educational pedagogical service of Kosova (Official Gazette of SAPK, 3/87) was abolished. According to this Law, all property, equipment, rights and duties of the provincial institution for the advancement of teaching and education, are taken over by the Ministry of Education of Serbia. Following the abolishment of this educational institution of Kosova, the same as in all similar cases, Albanian employees were fired from work as ‘surplus labour’, and Serbian and Montenegrin employees were hired by the Ministry of Education of Serbia or were employed by other organizations.

The Law abolishing the Law on the Educational Board of the Socialist Autonomous Province of Kosova (Official Gazette of RS, 75/91 of 17 December 1991)

By this Law, the Law on the Educational Board of Kosova (Official Gazette of SAPK, 7/89) was abolished, and all authority from the field of education was taken over by respective institutions of Serbia.

Therefore, by the above-mentioned laws on education, Serbia ruined the educational-schooling system of Kosova, abolishing in an unconstitutional way eight laws of Kosova which regulated the domain of education and schooling. This was done with the intention of ruining the autonomy of Kosova in the field of education and schooling, a field which according to the Constitution of SFRY and the Constitution of Kosova of 1974, Kosova regulated entirely by its own laws, the same as other federal units of Yugoslavia. Another reason for such an unconstitutional abrogation of eight laws on education is the fact that Serbia this way aims at an assimilation of the Albanians through educational curriculums which deprive Albanian school-children and students from learning about their national history, culture, literature, etc. As a consequence of this was the closing down of all elementary and secondary schools for Albanian school-children and of the University of Prishtina for Albanian students, in all its faculties. Presently, they have been attending classes in private homes and other premises, an unheard of thing in the modern world.

The Law abolishing the Law on nostrification and equalization of school certificates, diplomas, and other documents received abroad (Official Gazette of SRS, 45/90 of 7 August 1990)

Kosova had its own law on nostrification and equalization of school certificates, diplomas, and other documents received abroad (Official Gazette of SAP, 43/80). However, this law was abrogated in an unconstitutional way by the above-mentioned law of the Assembly of Serbia.

The Law abolishing the Law on the public information system (Official Gazette of SRS, 45/90 of 7 August 1990)

Kosova as a federal unit of SFRY, according to the Constitution of 1974, in an entirely independent way regulated its information system. It was accomplished by the Law on the public information system of SAP Kosova (Official Gazette of SAPK, 15/87). However, Serbia derogated this law of Kosova too, entirely usurping jurisdiction in information, and as a consequence, an information black-out was created for the Albanian people.

The Law abolishing the penal law of SAPK (Official Gazette of RS, 21/90 of 29 December 1990)

Kosova had, the same as other federal units, its own penal law. By that law, it independently regulated issues of the criminal matter, i.e. regulating criminal acts and sanctions in the territory of Kosova. This Law had been in use for many years, and was published in the Official Gazette of SAPK, 20/77, 20/84, 44/84, 3/88, and 14/90. The Serbian law, abolishing the penal law of Kosova, was passed in an unconstitutional way, the same as other laws discussed.



The Law terminating the work of the Presidency of the Socialist Autonomous Province of Kosova (Official Gazette of RS, 15/91 of 18 March 1991)

According to the Constitution of SFRY of 1974, Kosova had its Presidency, like all other federal units. However, by the above-mentioned law, which is plainly unconstitutional, the Assembly of Serbia decided upon the termination of work of the Presidency of Kosova, i.e. the Presidency of another federal unit, which is a drastic example of the violation of constitutionality. With the termination of the work of the Presidency of SAP Kosova, the last remnant connecting Kosova with the Yugoslav federation was cut.

By the Law terminating the work of the Assembly of SAP Kosova and its executive council, as well as by the Law terminating the work of the Presidency of SAPK, Serbia practically committed an attack against the constitutional order of Yugoslavia as a federal state, and that started the dismermberment of Yugoslavia.

The Law on public information (Official Gazette of RS, 19/91 of 29 March 1991)

By this Law, the Law on information of SAP Kosova (Official Gazette of SAPK, 32/88) was abolished. Kosova was denied the right to regulate its information question, which until then it independently regulated, the same as other federal units. By this Law, the right of the Albanians to have mass-media in their language was institutionally violated,