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Serbs’ Referendum on the Partition of Kosovo
Publikuar më 06 mars, 2012 nė orėn 15:59 ( ) Prof. Dr. Mehdi Hyseni | English |
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To achieve a lasting peace in the virtue of Article 2 of the United Nations Charter between Serbia and Kosovo, the Serbian government must give up its ambitious and territorial pretentions toward Albanian Kosovo. Kosovo has been both historically and legally a part of native Albania, not at all a part of Serbia which has colonized Albanian Kosovo since 1912.

Taking into account this historical and legal right of Albanians in Kosovo, neither official authorities of Belgrade nor Serbs who inhabit the northern part of Kosovo, had a legal right to organize and hold the referendum held February 14-15, 2012, with the intention to deny Kosovo’s state institutions and sovereignty, and instead establish laws, constitution and institutions of Serbia (1999-2012).

The holding of a referendum for the Serbian minority in Kosovo's northern municipalities (Mitrovica, Zvecan, Zubin Potok, Leposavic), with the intention of attaching them to Serbia, is inconsistent not only with the laws and the constitution of the Republic of Kosovo, but also with all the norms and principles of international law. Kosovo’s northern territory de facto and de jure does not belong to Serbia, but to Kosovo, an independent and sovereign state. To Kosovo, Serbia is only a neighboring foreign country, nothing more.

But for twelve years, despite the presence of UNMIK, KFOR and EULEX, the situation on the ground speaks of something else because northern Kosovo is under the reign of terrorizing gangs and the laws and constitution of Serbia, which is unacceptable for the new state of Kosovo. Unfortunately up until today, the Kosovo government did nothing to restore its territorial sovereignty as an independent state, but left northern Kosovo under the “mercy” rule of gangs, parallel structures and institutions of Serbia. Despite the presence of UNMIK, EULEX and KFOR in northern Kosovo, Serbs, backed directly and indirectly by Belgrade and the Serbian Orthodox Church, have worked in northern Kosovo with their laws and Serbia's constitution, to prevent recognition of Kosovo as their country. Furthermore, this is more evidence that the referendum on Serb municipalities in northern Kosovo was held with the intent of separating northern Kosovo, in favor of the territorial integrity of Serbia.

With all the negative and unacceptable consequences for Albanian Kosovo, the Serb referendum had its political effect, which was to debunk the hypocrisy of organizing political and diplomatic "technical dialogue" between Pristina and Belgrade in the eyes of the international community. First, it denied all allegations and statements by the current government of Prime Minister Hashim Thaci, who from July 25, 2011, has restored the rule of law, the constitution and full sovereignty of the independent state of Kosovo into the northern part. Secondly, it refuted the government, parliament and president of Kosovo, the Belgrade government and the European Union (EU), stating that “northern Kosovo is a political problem” and that the referendum was supposedly only a "technical dialogue," which was necessary to solve the existing social problems of Serbs in northern Kosovo and the normalization of economic relations with Serbia. Instead, the Serb referendum testified to the contrary, stating that there was not a technical problem, but simply a major political problem in northern Kosovo that has been present since 1999 (the end of the Kosovo war), which also happened to be caused by the Serbs and conducted, financed and supported by the government of Serbia. Since then, and even today, northern Serbs do not recognize any authority and any state institution of Kosovo, but only those in Serbia. Thirdly, the illegal Serb referendum testified that Kosovo's government is inefficient and weak and that it has no strategy, capacity or potential to solve the twelve year old northern political problem of Kosovo. Finally, it also revealed an apparent objection by the Serbian government and Serbia’s president, Boris Tadic who allege that they "do not support" the referendum, even though it was planned, financed and prepared by the government of Serbia. Otherwise, they would not have come to terms to keep it, despite Belgrade’s official noise and declarative false propaganda.

Boris Tadic and the other political leaders in Belgrade called the referendum "invalid and harmful" to the interests of Serbia, so as to falsely convince circles of authority in the EU that Belgrade had no involvement in the referendum, but stressing it was held by what have become "maverick" Serbs of northern Kosovo. To encourage the EU and other international actors to redefine the "technical dialogue" into the bilateral political and diplomatic negotiations between Belgrade and Pristina in resolving the political status of northern Kosovo, is indeed a great falsehood and unjustified move.

By Mehdi Hyseni, Ph.D.

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