THE CONSTITUTIONAL AND LEGAL POSITION OF NATIONAL MINORITIES IN KOSOVO: AHTISAARI PACKAGE AND THE PRIVILEGE OF MINORITIES

被引:1
|
作者
Nimani, Petrit [1 ]
Maliqi, Alban
Maloku, Artan [1 ,2 ,3 ]
Avdija, Shefqet [4 ]
机构
[1] Haxhi Zeka Univ, Fac Law, Peja, Kosovo
[2] Universum Int Coll, Fac Law, Prishtina, Kosovo
[3] Univ St Kliment Ohridski, Fac Law, Bitola, North Macedonia
[4] South East European Univ, Tetovo, North Macedonia
关键词
Minorities in Kosovo; Ahtisaari package; the Constitution of the Republic of Kosovo; the rights of minorities;
D O I
10.33327/AJEE-18-6.4-a000406
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Background: In this article, we address the legal and constitutional position, focusing particularly on the Serbian minority and other minorities in a broader context. We delve into their rights and privileges and Kosovo institutions' obligations and responsibilities concerning national minorities.Certainly, national minorities are an integral part of the population of Kosovo; they should enjoy rights and obligations arising from the Constitution and applicable laws.National minorities are an added value in every society; they enrich the mosaic of the country where they live and should be respected, promoting the values they carry and represent in society.The article pays great attention to the Serb community living in Kosovo, their rights identified by the Ahtisaari package, and the privileges that this package recognises as a minority. The Ahtisaari package acknowledges the Serbian Orthodox Churchs' unique status and explicitly outlines this community's representation within central institutions. This includes reserved and ensured seats in both the executive and legislative branches. At the local level, the package determines how they will be represented. Minorities are represented in the police, prosecutors' office, court, and all other public institutions. Attention has been paid towards instances of sabotage within the state and institutions of Kosovo by the Serbian community that lives in Kosovo and is influenced and directed by Serbia. Representatives of the Serbian community in Kosovo enjoy income and benefits from the state of Kosovo for the mandate they exercise. Still, their actions within the institutions tend to align with Serbias' agendas rather than addressing the concerns of the community they are supposed to represent. Despite the absence of recognition from the state of Kosovo and partial acceptance by some Serbs living in Kosovo, it is crucial to acknowledge that Kosovo is an independent state and internationally recognised by 116 democratic states of the world. Notably, the Constitution of Kosovo, as a strong constitution, guarantees double rights in favour of the Serbian community living in Kosovo even though they constitute no more than 5% of the overall population.The research uses the descriptive analysis method, based on the precise description and in-depth analysis of the topic through gathering detailed data related to the research problem, analysing and interpreting legal texts and relevant information and privileging a certain community. These methods have been employed to compare the legislation in force with the international obligations that Kosovo has received through the comprehensive proposal for treating non majority minorities.Results and Conclusions: Our research shows that national minorities in Kosovo are not treated equally. The Serbian community is constantly privileged and continues to be favoured by the international community, while other communities have substantial problems living in practical terms.The citizens of Kosovo understand the issue of minority rights best. Therefore, the state of Kosovo and its citizens should not allow national minorities to be discriminated against or their rights abused.Implementing the agreements reached in the dialogue, fulfilling international obligations, and advancing the rights of minorities in Kosovo is the obligation of Kosovo and its citizens. Kosovo institutions are obligated to dialogue with the Serbian community because they are part of society and must be integrated into it.
引用
收藏
页码:144 / 164
页数:21
相关论文
共 24 条
  • [1] NATIONAL MINORITIES IN ZAGREB: POSITION AND PERSPECTIVES
    Vojak, Danijel
    DRUSTVENA ISTRAZIVANJA, 2012, 21 (04): : 1038 - 1041
  • [3] The Consociational System of Democracy in Kosovo: Questioning Ethnic Minorities' Special Status in Kosovo's Constitutional Regime
    Doli, Dren
    Korenica, Fisnik
    INTERNATIONAL JOURNAL OF PUBLIC ADMINISTRATION, 2013, 36 (09) : 601 - 613
  • [4] CONSTITUTIONAL AND DEVELOPMENTAL POSITION OF TERRITORIALLY CONCENTRATED MINORITIES IN EASTERN CROATIA
    Marinac, Antun
    Gazilj, Nikolina
    Emanovic, Tena
    5. MEDUNARODNI ZNANSTVENI SIMPOZIJ GOSPODARSTVO ISTOCNE HRVATSKE - VIZIJA I RAZVOJ: 5TH INTERNATIONAL SCIENTIFIC SYMPOSIUM ECONOMY OF EASTERN CROATIA - VISION AND GROWTH, 2016, : 466 - 476
  • [5] NATIONAL MINORITIES IN THE LABOUR MARKET: ECONOMIC AND LEGAL STUDY
    Kovnyi, Yurii
    Blikhar, Viacheslav
    Komarnytska, Iryna
    Chornopyska, Viktoriia
    Pavliuk, Nataliia
    FINANCIAL AND CREDIT ACTIVITY-PROBLEMS OF THEORY AND PRACTICE, 2024, 1 (54): : 538 - 551
  • [6] Problems of legal guarantee of educational needs of national minorities
    Kovnyi, Yurii
    Chornopyska, Viktoriia
    Mikhnevych, Liudmyla
    Peresh, Ivan
    Hartman, Mariana
    CUESTIONES POLITICAS, 2023, 41 (76): : 699 - 719
  • [7] Constitutional Protection of National Minorities' Rights in Norway: Does It Matter?
    Vollebaek, Knut
    Plesner, Ingvill Thorson
    NORDIC JOURNAL OF HUMAN RIGHTS, 2014, 32 (02) : 176 - 187
  • [8] What Can Migration Policymakers Learn From Legal Frameworks on National Minorities? National Minorities and Migration in Armenia and Belarus
    Ulasiuk, Iryna
    INTERNATIONAL MIGRATION, 2014, 52 (05) : 68 - 81
  • [9] RELIGION AND NATIONAL MINORITIES IN THE LEGAL AND POLITICAL SYSTEM OF THE REPUBLIC OF SERBIA
    Duric, Vladimir
    POLITICS AND RELIGION JOURNAL, 2012, 6 (01): : 133 - 159
  • [10] Position of national minorities in Bulgaria in the second half of the XX century
    Guseynova, L. D.
    VOPROSY ISTORII, 2015, (01) : 133 - 139