[ALBSA-Info] A view on Kosova's future

[Agron Alibali]

New approach to Kosovo
International community must change its ideas if it
wants a solution
KATHIMERINI

By Evangelos Kofos,
More storm clouds gathering on the borders of Kosovo
are simply one more indication that the problem is not
restricted to Kosovo itself but is part of a broader
"Albanian question." 

NATO analysts recently observed that the latest
terrorist attacks by armed ethnic Albanians in Kosovo,
Presevo and in the Former Yugoslav Republic of
Macedonia, apparently by offshoots of the Kosovo
Liberation Army, are being directed by a single
center. 

The risk that the crisis could spread does not permit
opportunistic solutions. An explosion could be averted
if the international community radically changes its
approach in its attempts to resolve the situation in
Kosovo. 

The eventual regime in this (de jure but not de facto)
Serbian province should be dealt with in such a way as
to serve the basic needs not only of the two main
parties, Serbs and Albanians, but stability in the
region as a whole.

Mutual compromises

A solution can only emerge from a series of mutual
compromises, international commitments - legal,
political and military - to safeguard the principle of
conditional independence for Kosovo, and the gradual
removal of Serbian sovereignty from the province. 

Such safeguards, however, will not emerge from any
treaty imposed by victors, as in the case of UN
Security Council resolution 1244/1999, but through
international procedures and ratification and
monitoring of the agreement by the UN. 

A legal framework exists, in the form of the UN
Trusteeship system, which was set up to guide colonies
and mandates toward "self-rule or independence." 

Although the system has not been used for some
decades, it has not been abolished. Of course, Kosovo
cannot be considered a colony nor is it a developing
country. However, according to the UN Charter, the
Trusteeship system can be applied to regions
administered by a particular country. In Kosovo's
case, this is Yugoslavia.

The terms of Trusteeship are determined by the Charter
and individual Trusteeship Accords signed between
guarantor states and the UN. In effect, this means
that the UN retains sovereign rights and appoints one
or more states, usually guarantor states, to
administer the region. In this case, Yugoslavia could
be one of the countries participating in administering
the region under a UN mandate. 

The Trusteeship Accord has the status of an
international agreement and, in a manner of speaking,
could serve as a constitution for the region.

Without doubt, many of the provisions and practical
applications of resolution 1244/1999 could be
incorporated into the new text, giving a fuller
framework for the functioning of UNMIK and KFOR which
would continue to operate in the region for a short
time under a different form and name. States granted a
mandate could include European Union or UN Security
Council member states.

Local government structures, with clear provisions for
minorities, should be put into effect immediately.
Given the volatility of certain areas such as
Mitrovica, these could be designated as protected
zones - "safe havens" - under a special status of
self-rule, always within the framework of the regional
administration. Sites and monuments sacred to Serbs
could have a special status of religious autonomy,
similar to that of Mt. Athos. By joining the
Trusteeship system, Kosovo would gradually move toward
"self-rule or independence" according to Article 76b
of the Charter. However, this process is dependent on
certain conditions being fulfilled which will be in
accordance with the special circumstances in each
region and among its peoples, the freely expressed
desires of these peoples and in accordance with the
conditions of each individual Trusteeship Accord. The
primary goal of the system, it should be noted, is "to
promote peace and security" (Article 76a).

Under these circumstances, the kind and the length of
the process "toward self-rule or independence" form
the basis of the drafting of the accord, although it
is clear that because of prevailing conditions, the
process will of necessity be a long one and will
depend on the way in which the terms of the accord are
implemented.

If, as seems likely, independence is chosen, it will
have to be in line with provisions for "promoting
peace and stability," not only in Kosovo but in
southeastern Europe in general. 

Therefore there has to be a clear commitment to
avoiding inciting or supporting terrorist or
separatist acts in neighbouring states, or supporting
the idea of a Greater Albania. 

A "Cyprus clause" banning unification with third
countries without the consent of the signatories to
the Kosovo Trusteeship Accord could be a moderating
factor. It would act as a curb on extremist elements
in neighbouring countries who envision solutions
similar to the one in Kosovo, and would dispel the
fears and suspicions of neighbouring peoples.

Give and take

This proposal, however, has also led to considerable
concern. The unrest that is a continuing feature of
life in Kosovo and on its borders is mainly aimed at
bringing about immediate independence for the province
and special status for the Albanian populations in
neighbouring states. However, if Kosovo joins the
Trusteeship system, the Albanians will become
advocates of the peace process, unless they want to
see their vision of independence disappear into a
nebulous future. Initially, the proposal might provoke
some protests on each side, as both will be required
to give up something, although this time of their own
free will. But they will also be gaining a great deal,
by international agreement and with guarantees. The
region as a whole will become more stable, as long as
the political situation remains clear-cut. And the
long road to inclusion in Europe will no longer be
wishful thinking. 


,Evangelos Kofos is adviser on Balkan issues to the
Greek Institute for Defense and Foreign Policy
(ELIAMEP), and author of the book "Kosovo and Albanian
Unification. Concern for Yesterday and Tomorrow"
(Papazisis, 1998).
 


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