Koha Digest # 89

DATE: 31 January 1996

FRONT PAGE: THE GAME GOES ON

EDITORIAL

UNCLE'S COMEBACK

by VETON SURROI

It was Ramadan. As he was hand-cuffed to the radiator, preparing himself for a long prison
term after he was told that he would face trial, it is not important on what charges because he
was Albanian and his persecutors were Serbs, and this for a long time, since we had
knowledge of ourselves and our grandparents, is a reason enough to be judged, be it because
you caused some harm in the field or because you participated in a plot against the state.

It was the third day he was cuffed. You'll face trial, Uncle was told, and he knew that fact, he
knew he would go to jail and those moments, as in any other moment they tell you that you're
going to end up in jail, he could not have imagined that he would spend quite some time
together with patriots and burglars, with idealists and killers, education fanatics and a bunch
of meat and bones with almost a zero IQ.

After Bayram, he was sent to the Dubrava prison. He wet with: the disfigurement of the
bodies of tens of the accused soldiers of the Republic of Kosova; the lost voice, still echoing
in the torture cells of the police stations of Peja or Gjilan, of tens of policemen of the
Republic of Kosova; the efforts of the people who thought that there was a need to create a
Front for the Liberation of Kosova to keep walking straight; the wish of the small pick-
pockets for a hamburger and the wish of the big thieves for rides on taxis and luxurious
lunches; the peasant of the Mokna hills who broke the water-supply tube of the prison so he
could water his peppers lawn, thus leaving the prisoners two days without water; the visits of
people from all over Kosova, especially Peja, whom he had spent time with in prison in the
fifties...

On Ramadan he came out to this relative freedom. We, relatives and friends, were waiting
for him according to the Kosova Albanian tradition, learned from the daily experience of
waiting people to come our from prison, which distinguishes them from the other European
people. Before making the last step out from prison, the main guard asked him:

"Zenel, is it for good?"

Uncle replied:

"That's all for this time".

The weekly Koha (The Times) was published in Prishtina (Kosovo) between 1994 and 1997. Edited by Veton
Surroi, a young Kosovar journalist and one of the pioneers of democratisation in former Yugoslavia, Koha
soon became a symbol of quality among the region's media. In 1997 it started to be published daily under the
name of Koha Ditorë. W ith the kind permission of Mr. Surroi, Koha digests were originally posted on
http://koha.estudiosbalcanicos.org.
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KOSOVA

HOW TO SHAKE-UP KOSOVA?

by YLBER HYSA/ Prishtina

Last week was characterized with a series of political contacts in

Kosova. First came a team of the ASPEN Institute in a several days
long visit to Kosova, led by former Belgian minister Leo Tindemans.
Almost at the same time came the long expected American State
Department delegation headed by Holbrooke's collaborator,
Christopher Hill.

In regard to the visit of the first delegation. It would have been

another one in the list of visits that we are used to, regardless
of the fact that the members of the delegation acted under the
umbrella of such a famous institute Aspen is, if it weren't for the
purpose of this visit - motivated by a concrete project which aims
at including the Albanian question in general and of Kosova in
particular.

This Institute intends to make a series of contact visits in some

centers of the Balkans, aiming at penetrating in the area with a
Balkans project, which will give a great importance to Kosova. The
first part of the project will be published by midst June and it
will probably have some 100 pages. Naturally, its publication is
expected to be followed by a presentation of viewpoints of the
commissioners as well as corresponding lobbying.

Ambassador David Anderson is at the head of ASPEN. Anderson visited

Prishtina in the '80s, when he was the US Ambassador to Yugoslavia.
He is considered as one of the experts on the situation in the
Former Yugoslavia, but not a supporter of self-determination. This
time, Anderson managed to arrive to Belgrade alone, because he
couldn't continue with the trip for health reasons. The members of
this mixed Euro-American team, whose visit caused such expectation,
didn't hide their interest to contact and see as much as possible
in Kosova.

Although, during their stay here, the delegation remained quite

reserved, even evading any preliminary statements. Unofficially,
the deputy-director of the Institute, Dana Allen, implied that the
purpose of this mixed team was, among others, to achieve a kind of
cohesion between the Western allies in the post-Dayton atmosphere -
an attempt to realize the more unique platform possible, which
could be promoted in the former Yugoslavia, even wider. "It is too
early to talk about the premises of this project", say the
visitors, who admit that there is no team established that will
elaborate the project (and what's more, to write about Kosova). On
the other hand, as the experts of this team silently admit, it is

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very hard to talk anything more concretely when some of the most
eminent visitors find it hard to understand where they are and
extremely hard to even write down that the majority of the Kosovan
Christian-Democrats are of Muslim (confession) origin.
In a extremely broadened bulletin, visited on the occasion of the
visit of the delegation, there is not much information. The fact is
that Carnegie National Endowment for Democracy and International
Peace, an American NGO with a long tradition, which had been
involved also during the previous Balkans wars will cooperate in
this project, maybe to draw a vertical on the traditional interest
on the Balkans Peninsula. Anyhow, it is understood from several
sources that this famous institution had come out with this
initiative several months ago, but that not much noise was made
about it. Now it has become public in cooperation with ASPEN, an
American organization seated in Berlin. The delegation comprised of
American and European commissioners, visited Belgrade some time ago
where they met with Serb governmental and ruling party officials.
After Prishtina, the delegation will continue the meetings in
Tirana, Sofia, Ankara, Athens and other Balkans centers.

In Prishtina, the delegation first met with Ibrahim Rugova and his
assistants, where, according to the information, the topic was the
situation in Kosova. The other talks were held with political
parties, then contacts with the key persons of the Albanian
education, the visit to "Dardania" elementary school, the contacts
with medical experts, the representatives of the media, etc. The
meetings and their schedule clearly shows their general interest to
establish the first contacts. One of the members of the delegation
states that in reality, this was a fact-finding mission, although
they admit that there were really just e few experts on the Balkans
in the delegation. This allows the conclusion that a mixed
delegation headed by known political names is supposed to break the
ice and get hold of data and assure the support of the Balkans
bosses.

If there is support coming from the states the members of the

delegation come from (which doesn't seem that will be missing),
then June must be waited for, when the first premises of this
Balkans project will appear. After the war in the former
Yugoslavia, regardless of how and why, it shows that calming down
the situation was necessary in order to establish a new order in
the area of the Former Yugoslavia. If it is so, then instead of
seeking the cooperation of the Balkan states for this initiative,
a project will be presented, and it always comes from above,
regardless of how much does it respect the wishes and interests of
the parties in the field.

In fact, as we understand, the first contacts of this ambitious

team in the field should've started in the north-west of the former
Yugoslavia, but because of the situation of the first phase of

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Dayton's implementation, it was acted the other way around, from
the south, coverning also an inevitable problem called Kosova.
While still in Prishtina, we must also mention the almost
simultaneous visit of Chris Hill. He also first met with Rugova and
then the representatives of the parties and the media. The guest
from the State Department, engaged in Holbrooke's team, was also
very restrained. Immediately after his meeting with Rugova, in a
very diplomatic tone that doesn't reveal a thing, he declared to
KOHA that in the meeting they jointly evaluated some things arising
from the situation... Rugova declared that he was very happy to
meet with Hill in Prishtina and evaluated this contact as very
fruitful. Asked whether there were any concrete talks about the
possibilities of a dialogue with the Serbs and the possibilities of
the American mediation, Rugova said that there were no concrete
talks about that.

This is not Rugova's first meeting with Hill (according to some

information, they have been meeting since some years ago), and Hill
confirmed this when he said that he was glad to see Rugova again
although this was his first visit to Kosova. In fact, this visit
came after Rugova's repeated requests for Holbrooke's mediation for
the solution of Kosova's problem in the eventual negotiations with
Belgrade. Of what can be sensed, this will for sure not be Hill's
last visit to Prishtina. Although, it is becoming obvious that the
Americans will use the favorable situation created after Dayton, to
try and solve as many crises in the former Yugoslavia as possible.

This doesn't mean that the conditions for the immediate dialogue
between Prishtina and Belgrade are created, because there are no
concrete conditions, despite the expressed wish. Therefore, in lack
of concrete movements in Kosova that would ease the path towards
dialogue, a "step-by-step" development should be expected, so the
terrain for talks is created. Such strategy of building up steps,
as we understand from different diplomatic sources, logically would
exclude a process of establishing an immediate political frame,
which would come later with the movement from zero. Once this
happens - still claim the sources - the process of the Kosova's
solution would start within the frame of a political solution.

This, say our sources in Tirana, must have been helped by Berisha's
pronouncement about the favorable post-Dayton disposition. In fact,
Hill had visited Tirana some time ago, before coming to Prishtina,
and he is quite close with the Albanian president. Even, according
to some sources, it is worth saying that the tactics described
above will be observed not only vis-a-vis Belgrade but also on the
plane of the future relations between Tirana and Prishtina, i.e.
the inter-Albanian relations. In fact, the possible liberalization
of the borders and the free circulation, seems a utopia for the
time being, but it shouldn't be forgotten that an air of Balkans
detante started with Dayton, when it was insisted on the

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liberalization of the relations with the neighbors.

All of this seems quite distant, but this is the beginning of a

process which is not meant to end by all means within the dynamics
and wished positions, and even more to be linked with the problems
in the region. Anyhow, it is evident that the use of the post-
Dayton favorable climate by the Americans will be there, and this
is illustrated with the often visits to Belgrade. Counting the
areas outside the corpus of the post-war zones, it is expected that
Kosova will attract the attention of the intensified visits, which
are expected to take place in the next couple of months and at the
highest level.

The diplomatic sources also claim that Montenegro will also be

attractive after Dayton. As a matter of fact, it would be the
grounded fear that Montenegro could lose much of its sovereignty
with an eventual unsuitable change of the federal constitution.
Milosevic's interest to make these changes, so he can become head
of a more centralized state with more competencies, seems to have
been detected by the western diplomats. Then, this restructuring
would be a game with two ends - on one side will be the westerners
and their wish to have a different "FRY" from the one now, and the
other end, Milosevic and his idea on a more controlled state. Is
there are space for Kosova's involvement in these games, before or
during the establishment of the political frames and the political
solution mentioned above - this remains to be seen.
But, anyhow, the game goes on.

MACEDONIA

WHO'S BLINKING?

by SELADIN XHEZAIRI / Shkup

The communique of PPD's information section about the meeting of

the American diplomat with the leadership of this party, was
accompanied with a explanation of the American Liaison Office, that
the meeting between Comras and Aliti was unofficial and that the
American postures about certain issues are interpreted only by
officials of the State Department. Such a statement was interpreted
also as a denial of PPD's statement that "...the USA support the
political course of the PPD, as well as it's requests for an equal
status of the Albanians in Macedonia". Meanwhile, a private TV in
Tetova, saw it necessary to "chew" this statement two days in a
row, while PPD still claims that the "meeting was official, that it
took place on the request of the American charg‚ and that there
minutes from this meeting exist.

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But, let's go back to the reconstruction of Branko Crvenkovski's
government: he declared to KOHA "that the ones who participate in
the coalition of the executive government and are influential,
should hold part of their responsibility", when he referred to the
"sins" of the Liberals. Although the Liberals participate in the
coalition with us on the republican level, continues the premier,
they created a coalition with our direct political opponents, VMRO-
DPMNE on the municipal level". The things will be sorted out the
moment there are clear postures about the "divorce" or
"coexistence". There are indications that the premier is losing
support from Albanian circles after PPD's announcement that if the
requests for the solution of the status of the Albanian language
and superior education are not solved, then the Albanian ministers
have nothing to do in the government. Albanian analysts say that
premier Crvenkovski will not find it difficult, if this threat is
achieved, to replace them with Albanians from the Macedonian
Social-Democratic Party or the Albanian Democratic League - Liberal
Party of Hisen Ramadani and Xhemail Idrizi.

In regard to the participation of the PPD in the government and

"the conditions it puts", the Macedonian premier says that the
"achieved results in the last elections, proved that we didn't need
additional votes to form the parliamentarian majority, but it was
a long-term determination of the SDPM that all should participate
as citizens in making decisions about its future. Therefore, it
also intended to involve Albanians not only in the legislative but
also the executive power. But, this doesn't imply that we should
agree upon everything. PPD's representatives have the possibility
to present initiatives directly in the system's institutions. Some
of them will go through, some others will not, but always
respecting the principles of the parliamentarian democracy.

Last week, President Gligorov received the co-chairman of the ICFY,

Thorwald Stoltenberg, who informed him that this body ceased to
exist. For the time being, no one knows what will happen with the
Albanian-Macedonian negotiations mediated by ambassador Arens. In
an interview published in the local media in Albanian, he didn't
explain what will happen with the conversations, but spoke of the
actual situation in Macedonia. According to what daily "Flaka"
published, Arens complains about the insufficient number of
Albanian ministers in the government, when compared to the Albanian
population in Macedonia, but he also expresses his hope that in the
next days there will be some "positive changes in the government,
in favor of the Albanians" (!?)

There is no doubt that the superior education is considered by many

as a barometer which will dictate the inter-ethnic relation in this
state. Gert Arens claims that although the Government of Macedonia
doesn't acknowledge the University of Tetova, it "is the main key
to the stability of Macedonia", therefore recommends a compromise

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solution. However, Crvenkovski's posture seems not to have changed
much from the evaluations of his cabinet that the "University is
anti-constitutional and illegal". Crvenkovski even goes further.
"First, I don't believe it functions as a University, because for
sure, if we would make a list of criteria to be fulfilled in order
to have it function as a University, it wouldn't fulfil any of
them, starting from the curricula, the staff, educational quality,
legitimacy, legality... I would say that the initiative of
political activity is alive, but not that the so called University
of Tetova exists as an educational institution. If this university
would hypothetically exist, then this would be the first case in
history in which a University is established from above. First of
all, first the University is established, then comes the staff and
finally we find the students. By its form and content, this is a
political initiative, partially autochthonous and partially as a
result of the events in the region. The initiative is placed
outside the juridical frames of the Republic of Macedonia, while
providing education in the mother tongue at the elementary and
secondary levels, is for sure the highest standard in Europe and we
as a state can talk about this issue with any European without any
complexes. The request to strengthen the request to round-up the
education system in the mother tongue of the nationalities leads to
segregation and the disintegration and not the integration of the
Albanians", concludes the Macedonian premier.

Totally opposite statements come from the seat of the University of

Tetova: If the premier doubts about our work, why doesn't he come
to visit us? Tetova is not far away from Shkup - said one of the
members of the Senate, while Rector Fadil Sulejmani declared that
the open character of the UT is proven with the inscription of
Turks, Rhomas and Macedonians, as well as with the fact that there
are already eight Macedonian professors included in the staff (!?).
Regardless from this, the sources at the Macedonian Ministry of
Education claim that the Law on Superior Education will wait quite
a long time for its approval.

ASYLUM-SEEKERS

GET READY TO GO BACK HOME

by FADIL GASHI / Bonn

In a debate at the German Bundestag, about the return of refugees

from Bosnia and the other parts of the Former Yugoslavia, the
German Chancellor Kohl said: "Refugees should go back home, because
any further day they spend in Germany means they are breaking a
root in their fatherland's body". This message was directed to all
refugees and asylum-seekers without any exclusion.

The Dayton Agreement which also foresees the provision on the

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return of refugees, is the green light for the German
administration to start the preparations for the repatriation.
Having in mind the effectiveness if the "Aliens' Offices", it could
be said that the preparations have started with the categorization
of the people for the first round of repatriation.

Repatriation will last over a year, for many reasons, and it will
be developed in several phases. Objectively, the immediate return
of all those refugees is impossible: 320 thousand from B&H and over
150 thousand from the former Yugoslavia, i.e. Albanians from
Kosova.

During the repatriation of the refugees from B&H and rump-

Yugoslavia, i.e. Kosova, there will be a difference when it comes
to the conditions and modalities. The repatriation of the Bosnians
was decided on December 15, in a meeting of the land ministers of
interior. The conclusion that the "peaceful agreement means the end
to the civil war in Bosnia", serves as grounds for this decision.
According to it, Germany is the first country that suspends the so
called "duldung" status of the war-refugees from the Former
Yugoslavia. In the mentioned meeting, it was agreed that first
repatriations should start in April. But, the publication of this
deadline caused the reactions of the UNHCR in Bonn, HR
organizations as "Pro Azyl" or "Gesellschaft fur hedrohte Völker",
who insisted on "repatriation coordinated with other western-
European countries that have given asylum". A quite harsh reaction
also came from Schwarz-Schilling, an MP member of the ruling CDU,
after his visit to Bosnia. Following these reactions and some
others made by the German parliamentarians, the deadline was
extended by the end of June or beginning of July.

Nevertheless, many things remain unclear and pending the results of

the meeting the federal minister Kanter will have with the local
ministers. What is certain for the time being is that the same
procedure, as in the case of the Croatian refugees, will be
applied. The idea is to repatriate some 100 thousand people based
on a categorization. The first ones to go back are the specialists
i.e. professionals that Bosnia needs, who will take the
responsibility of building up the country. Some MPs even propose
that for every refugee that goes back to Bosnia, the sum
corresponding to six months' expenses for the stay in Germany,
should be also paid. However, this possibility was categorically
excluded by Kanter during his meeting at the UNHCR in Geneva (Jan.
15). In this same meeting, and differing from UN officials who
insist to repatriate the refugees on planes, Kanter proposed the
alternative possibility to have them go back home on their
vehicles, for in that way they could carry their personal
belongings and assets which they need for a fresh start, while the
issue of Croatian transit visas, should not represent a problem.
Official sources claim that around 500 thousand persons from the

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Former Yugoslavia have gained refugee status in Germany: 320
thousand are Bosnians and the remaining part are mainly Kosova
Albanians, and partially refugees from Serbia and Montenegro.

The posture of the German government towards the Kosova Albanian

refugees, in regard to their return to Kosova, has been totally
different from the posture in regard the Bosnian refugees. In fact,
since the "invasion" of the Kosova-Albaner started, the German
administration evaluated the requests as groundless, and
continuously tried to repatriate them. However, the problem
appeared when the Yugoslav authorities refused to accept back the
rejected asylum-seekers, who were consequently returned back to
Germany. So far, Serbia has been refusing to accept the rejected
asylum seekers, despite Germany's wish to do so. Last year's return
wasn't possible for the two parties couldn't agree upon the sum of
money the German government was supposed to pay the Yugoslav
government per Albanian returnee. The Kosovan diplomacy has failed
in this direction. Now when the Serbian policy has changed compared
to the last year's posture, the Kosovan diplomacy should insist,
before it becomes to late, on the return of the refugees according
to the international conventions.

The secret German-Serb conversations seem to continue, according to

"Der Spiegel", whose last issue states that "...despite Kinkel's
statement that there were no contacts, the officials of the
Ministry of Interior were talking to Milosevic's officials in order
to "get rid" of over 120 thousand refugees from serbia, Montenegro
and Kosova. First of all, of those whose passports are OK. This
information was implicitly availed to "Der Spiegel" by Kuno B”se,
Berlin's secretary of interior, who declared that many lands were
interested in getting rid of refugees who are not from Bosnia. "We
should expel at least the petty-criminals right now", said B”se.
The actualization of the repatriation of Albanian asylum-seekers to
Kosova was preceded by "Dueseldforf's Proposal", a document
elaborated by the Ministry of Interior of the largest German land
(16 million inhabitants) Norderhein-Westfalen, which proposes the
repatriation of all asylum seekers from the former Yugoslavia from
July 1-16 according to the following scheme: first the one who have
regular passports, the ones causing problems and the solitaires,
then it would be spouses with no children and finally would come
whole families. But, this is only a proposal which could be
ignored, however it is a clear message to Albanian asylum-seekers
to slowly pack up.

This signal should be an awareness for all those who aim to go to

Germany. Spending thousands of DEM and go through difficult,
exhausting and dangerous roads, is just a waist. Whoever comes to
Germany with the hope to find well-being, can be unpleasantly
surprised. It could easily happen that the ones who even manage to
enter and seek for asylum will be "processed" quickly, and urgently

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put on the lists for repatriation. There is an exhaustion among the
administrators of new asylum-seekers, for it has become evident
that they don't care much about the latter. Finally, all of them
are being transferred to new lands (former DDR) and to distant
villages which resemble a quarantine, despite the good living
conditions.

Seven years have passed since the first Kosovan asylum-seekers have
started coming to Germany. Since then, the figure has surpassed 200
thousand. But, it is a real misfortune to see how none of our
institutions or sociologists ever tried to analyze this
accompanying process of our society. In this sense, the only ones
who did their job were the poets. But, is poetry enough?!

ROUND TABLE - PART II

THESE ARE OUR ARGUMENTS?!

Conducted by BATON HAXHIU / Prishtina

ZEJNULLAH GRUDA: In regard to the formation of another Albanian

state: Serbs often claim that this is not possible and it serves
them as an argument to treat Albanians as a minority within the
former Yugoslavia or any other Yugoslavia, but this can't stand,
because there are people that have several states.

For example, the Arab people have almost 20 states, the German
people used to have two states, then there is Austria which belongs
to the German people, it has Luxembourg and even Switzerland whose
two thirds are German. Moldova is another example, because this
state is inhabited by Rumanians. The Moldovan term is a
construction of the Greater-Russian chauvinists who tried to make
a distinction between the Rumanians and the other Rumanians who had
been detached from their motherland. Moldova used to be a republic
within the former Soviet Union, and is now an independent state,
although they participated in the total population of the USSR with
1.7%. I believe that the arguments that Serbs are using have no
juridical value. We have the right to self-determination as an
immanent right of the people and nations, as one of the basic human
rights. This was a principle applied by at least 100 people after
WWII - people that managed to create their own states. Even though
this principle has many supporters, is accompanied by many
uncertainties. While some people and states were asking for their
independence are now denying this same right to the other people.

The same thing happens in some compound multi-ethnic states with a

centralist system. I am referring to the Kurds in Iraq and Turkey,
or the Basque, Irish, etc. The only association that can't be

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disintegrated is the Holy See. Otherwise, whoever enters an
association voluntarily, preserves the right to come out from
there.

FATMIR FEHMIU: Going through the publications and documents

regarding the National-Liberation Movement, I came to an
interesting fact, that in all of them Albanians are called people.
Furthermore,

1) the term people has always been present in all documents from
1941 to 1945;

2) Serbia's Resolution, paragraph 4, as a preliminary act to the

Agreement, accepts the "equality of the people", i.e. the position
of the Albanians as a people;

3) Prizren Assembly's Resolution in it's content determines the

term "people";

4) These terms were ratified in AVNOJ's decisions on the occasion

of Prizren's documents.

These and other documents prove that Albanians as well as all other
people had the right to self-determination during the National-
Liberation War (NLW) and that it became materialized formally in
Jajce (AVNOJ II) and in the First Conference of the National-
Liberation Council of Kosova and Dukagjin Plain adopted in Bujan,
on January 2, 1944. The essence is described in the Resolution,
which states:

"Kosova and the Dukagjin Plain is a province inhabited in its

majority by the Albanian people, who now as always wishes to unite
with Albania. Therefore, we feel the need to show the people the
right path to follow and achieve its aspirations. The only way for
the Albanian people of Kosova and the Dukagjin Plain to unite with
Albania is the joint struggle together with the other people of
Yugoslavia against the bloody Nazi occupier and its mercenaries,
because this is the only way to achieve freedom, in which the
people will be able to decide about their fate with the right to
self-determination up to secession. The warrant to this is the NL
Army of Yugoslavia, and the NL Army of Albania, as well as the
Soviet Union, England and America." (NO AKMO, 1943-1953, Prishtina,
1954, p.10).

However, after the NLW, the real right to self-determination was

denied, because the postulates were never achieved. But, the
argument of military force opened the formal procedure for
unification with Federal Serbia and Federal Yugoslavia.

ZEJNULLAH GRUDA: The denial of this right was determined mainly

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politically. It is interesting to see that Kosova was granted this
right, but not allowed to consume it. It also must be stressed that
in the act of unification with Federal Yugoslavia, there is a
paragraph stating that Kosova's people joined this federation
willingly. I will not analyze the quality of the will, whether is
was authentic or not, but it was there. I believe that the right to
self-determination is an immanent right, a right that doesn't
prescribe ever. I would just like to illustrate that this right was
used by former colonies comprised of hundreds of inhabitants.
Pitken Island, in the Pacific, used to be under the British rule,
and it had only 60 inhabitants when it was deciding whether to
continue under its rule or not. Coconut Islands under Australia's
rule had only 300 inhabitants. It is not irrelevant to mention that
there are 50 UN members which have less inhabitants than Kosova.
This juridically makes Kosova's independence undisputable.

BEHLUL BEQAJ: I would mention some other elements. The Serbs

accused us that with the eventual formation of another Albanian
state we would endanger the stability of the Balkans. They formed
another Serbian state, which means that the Serbian state is the
source of destabilization of the Balkans. The argument of force is
obviously the one that proves that the definition of Albanians as
a national minority is a political definition, for I haven't had
the chance to see a universal definition about minorities in
juridical or political literature.

A very important fact was mentioned: that we entered Yugoslavia as

a people, then we were converted into a nationality to be finally
treated as a national minority? How is it possible for one people
to be converted in a national minority? It is an uncivilized, anti-
historical solution violating the Albanians' rights in this way.

There is a long list of arguments which can prove that Albanians

justly define themselves as a people. Having in mind the erroneous
definition of the Albanian people, this has made the Albanian
problem and its solution to be sought in the wrong path. Serbs and
relevant international factors consider the Albanians as a minority
and present it as an internal problem of Serbia. While Serbs who
remained outside Serbia thanks to their own fault are treated as
people. This is our advantage and this should be used by us trying
to find comparative rights.

The problem of the Serbs, differing from that of the Albanians in

the former Yugoslavia, apart from having the treatment as a nation,
it has also the treatment of an equal international subject,
because the Serbs outside Serbia have become international subjcts.
Some paradoxical solutions have been made: Serbs are allowed to
create their own (second) state, while Albanians are treated as
Serbia's internal problem. And, this is claimed so by the
international factors that do not recognize Serbia as an

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international factor or state. Second, Albanians are denied the
right to exist as an ethnic community. Serb officials consider the
borders untouchable, and consider it an absolute right, even though
Kosova's borders couldn't be changed without its consent according
to the '74 Constitution. The denial of this right as well as the
other basic human rights made the Albanians declare themselves in
favor of independence. The media states that Albanians could ask
for everything, but only inside Serbia's borders. But, the essence
is that Albanians wish to secede. Serbia considers the borders as
absolute rights, however, it ruthlessly violates the right of
Albanians. And all international documents acknowledge human rights
as an absolute right - and its violation is making Albanians seek
for their rights, the determination of their own borders and self-
rule.

KURTESH SALIU: The sovereignty in the Former Yugoslavia was not of

the republics and provinces, but of nations and nationalities, the
working people and citizens, therefore, this proves that neither
the republics nor provinces were states.

ZEJNULLAH GRUDA: The Federal constitution stated that some

sovereign rights were determined in the republics, provinces and
the federation itself. This is a construction that suits the
confederations, and the members of the confederations are
independent states which can be separate subjects of the
international community. Kosova had the right to veto any decision
or act related to the international agreement, which couldn't be
ratified without the provinces' consent.

Further on, the constitution treated Albanian and Hungarian as

equal languages. Anything published in the Official Gazette was
also published in these two languages.

Another very important fact should be mentioned, and this is that

the first meetings at The Hague Conference were also attended by
Kosova's representative in the Federal Presidency, regardless of
how had he been elected to the post. I believe that this is an
unprincipled compromise - i.e. that the other republics sacrificed
Kosova in order to achieve their own purposes.

The international community has, unfortunately, ignored this fact.

Its posture was political rather than juridical.

BAJRAM POLLOZHANI: I believe that Badinter's Commission was not

that important in determining the participants from the Former
Yugoslavia. I believe that Kosova's non-participation in the
conferences was the result of the relation of forces and
possibilities of imposing Kosova's problem within these
conferences. I must agree that Kosova's problem was marginalized
since The Hague Conference, but even more, the political and

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juridical subject of Kosova, although equal in the former
federation, was marginalized even more.

FATMIR FEHMIU: The Basic Principles of the Federal Constitution had

also determined the basic principles of decision-making in the
Federation. It had been grounded on the agreement of the republics
and provinces, their equal participation in the organs of the
federation and their responsibility for their own development and
the development of the whole federation.

Among others articles 244:2 (relations in the federation), 245-279

(national equality), 280-281 (rights and obligation of the
Federation), 282-312 (Federal Assembly - Parliament), 313-332
(Presidency of the SFRY), 346-362 (Federal Executive Council -
Government), 369-374 (Federal Court, Federal Prosecutor, Federal
Public Attorney, etc), 375 (Constitutional Court), 398-403 (Change
of the Federal Constitution), the Constitution determine the
competencies of the autonomies (and republics) within the
federation.

All these articles and chapters of the Constitution prove that

Kosova was a sovereign subject which participated in the
elaboration of the domestic and foreign policies, creation of laws
and constitutions, the veto, etc. - same as the other republics and
Vojvodina.

Badinter's Commission didn't only disrespect the principles of the

Yugoslav constitution, but it also violated it's basic principles,
and this encouraged the chauvinist Greater-Serb regime to instal
apartheid in Kosova.

KURTESH SALIU: I believe that we shouldn't pay special attention to

Badinter's Commission, but rather to all peace conferences that
marginalized Kosova's issue and didn't respect the former SFRY
Constitution. It gave no argument why it excluded Kosova from the
conferences. It was a fatal mistake and this was the fact that
marginalized Kosova and the problem of Albanians.

BEHLUL BEQAJ: The Commission was under the influence of political

subjects. We had a chance to listen to some comments during
Mitterand's funeral, stating that Mitterand had played a quite
negative role in the non-inclusion of Kosova in the Badinter
Commission - meaning that a political move actually excluded Kosova
from the peace conference.

FATMIR FEHMIU: Sejdo Bajramovic (Kosova's last representative to

the Federal Presidency) as Kosova's representative in The Hague,
was mentioned. But the fact is that Bajramovic had been appointed
anti-constitutionally and that this person had no legitimacy.

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to be continued

ECONOMY

ATTRACTIVE HARD CURRENCY

by IBRAHIM REXHEPI / Prishtina

The Serbian police has almost created a habit to, at least once a
month, "visit" Hyzri Varoshi's house in Ferizaj. This doesn't mean
that they are curious to see the owner of the house, but are rather
curious to know about LDK's, the Municipal Financing Council, and
other political and non-political associations activities that are
accommodated in his house. In the past two months, the police
visited twice. The first time, last December, they came in,
confiscated the seal-stamps and documents, while the second time,
in January, they too were surprised to finds 50 thousand DEM in one
of the drawers. Without any hesitation, they put the money in their
pockets.

Last Tuesday witnessed the biggest plundering in Prishtina's

market. The police blocked all entrances and at the same time
didn't allow anyone to sell any of the exposed goods. No reasonable
explanation. The police also undertook similar actions at the flee-
market and the small market at Ulpiana. Nobody knows how much was
this action worth.

It is almost impossible but true. JAT (Yugoslav Airlines) profited

on the lack of organization of the Albanian tourist agencies by
cashing 40 million DEM last year alone. It is true that this
company has the monopoly in this area, but, some experts claim that
this monopoly is widely helped by the competition between Albanian
agencies. If an agreement between the latter would be reached, then
JAT would lose some 30 million DEM, because charter flights could
be organized from Prishtina at much more favorable prices. But,
JAT's connections with the Albanians in Kosova and Western-European
countries are hard to break.

Ferizaj's case, the confiscation of 50 thousand DEM was not

commented long. The impression is that no-one cares. However, this
intervention created a series of new problems: the payment of the
teachers' salaries will be probably late, unless reserve funds are
used. Secondly, it is very strange why such an enormous amount of
money is kept in one place, knowing that the police has bugged
LDK's seat and is especially interested to know where the hard
currency of the Financing Council is. It is really hard to
understand why the money which was withdrawn on Friday, "waits" in
the office until Wednesday, so the police could find it. It is,

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after all not that strange, knowing that in each intervention, the
police places "bugs" in the buildings that hold all the political
and non-political organizations. Therefore it wouldn't be strange
that Varoshi's house has more microphones than the whole "Radio
Ferizaj", currently under occupation.

In these circumstances, it is very hard to find a way to safely

turn-over the money, especially the one destined for the
educational system. Firstly, the money was gathered "somewhere in
Europe" to be finally brought in some way to Kosova. The chances
for the money to disappear were enormous, but it never ended in the
hands of the Serbian police or customs.

The establishment of "Dardania Banka" in Tirana, which is based on

the funds of the Government of Kosova, was a good idea. There were
possibilities to cut-short the transactions. But, not very many
businessmen of Kosova were daring enough to become part of these
transactions, mainly because of the lack of capital. This meant
that the concept failed, therefore, the old system of bringing in
money in the "hand to hand" style, continued.

It also happened that the police interested the premises of

Prishtina's Financing Council. Besides the documentation, they
confiscated some 200-300 DEM, "petty cash" say the responsible of
the Council. It is very hard to find large amounts of money in this
center at all times, but in the critical moment, when the cashier
brings in the money which then remains for some while until the
priorities are set. It also happens that the cashiers hold the
money, and are usually followed by the police, but confiscations of
money on the street happen seldom.

Prizren could be maybe the best example, in which the procedure is

shortened quite. The police searched their premises several times,
but managed to find nothing but some documents. It also "invited"
the responsible to interrogations - but that was it.

Nevertheless, none of the models of the Financing Councils has been

elaborated to the perfection. The risk of having the money
confiscated remains present at all times, however, its quick
circulation amortizes it significantly.

The case of a minor coming back home after having visited her
parents is still fresh in our memories. On the Horgos check point,
she was confiscated 300 thousand DEM. She had regularly reported
the sum of hard currency on her way in, which was according to the
law. The Yugoslav law also states that one can bring in any amount
of hard currency with the obligation of reporting the sum to the
customs officers.

So, the money was confiscated, the family sued the state, and if

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the law were respected, she would have gained the money back. But
then, the defense came out with the response: "This money is used
for the separatist movement in Kosova!?". So, the dispute still
continues.

The rule, nevertheless, is that whoever can come to the money

first, he takes it. It happens often that customs officers can't
find the money, but then the police, in different check points
maybe can. If not, then the police will undertake the last but
certain step: plunder the markets. One thing is sure, it doesn't
come back bare-handed.

In 1994, Albanians mainly paid about 1 million DEM to customs. Part

of this money was given back to the citizens, but only after the
Serbian state used it for some time. The fact that the money was
given back, proves of some cover up activities of the Serbian
government - which are later used to justify their acts. The
conclusion is that despite the rigorous measures, people don't mind
much and they carry enormous amounts of money, or sell commodities
imported without respecting the formal side. This is why the
Serbian government had it very easy to elaborate a methodology it
uses to plunder Albanians and fill up their budgets. Realistically,
Serbia is not interested to block totally the commerce, the
circulation of hard currency, because it all, in a way, ends up in
its hands. The currency which is not "caught" ends up in the
treasury of Yugoslavia's Central Bank, after being shortly used by
the families.

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