International Recognition for the newest state: Kosova

Recently, I attended a United Nations NGO meeting where human rights were a main part of the agenda. During the discussion, a person from the audience remarked that persecuted minorities should have the right to self-determination…a point that was not questioned or objected to at all.

As soon as I heard this point of view, I thought to myself: KOSOVO.

In February 2008, the Republic of Kosovo--or Kosova-- (spelled with an “A” as it would be pronounced in Albanian), declared independence from the Republic of Serbia. This act has been very divisive among nations all over the world, as the governments of various countries are unsure whether or not to recognize Kosova as a new country. The uncertainty stems from the question of whether a people inhabiting a territory can declare independence from the government ruling that area due to ethnic, linguistic, historical or political differences.

The case for Kosova’s independence has been polemic in the fact that it directly challenges the principles of the 1975 Helsinki Accords of ‘territorial integrity’ versus the ‘self-determination of people’; two principles also echoed in the Charter of the United Nations.

Kosova has been under the UN jurisdiction since 1999, after NATO forces expelled Serb military forces engaged in ethnic cleansing of the majority ethnic-Albanians living in Kosova, making up over 90 percent of the population. Following the war and in an effort to return Kosova to law and order, the UN Security Council adopted Resolution 1244. This Security Council Resolution sought to establish provisional institutions of local self-government (Kosova had a certain degree of autonomy before the war) and to determine the status of Kosova. Resolution 1244 stated a mutual agreement of all parties to resolve the dispute, while reaffirming the territorial integrity of Serbia, thus implying the eventual independence of Kosova.

It is evident that the final two points could not be met.

If seen from the Serbian point of view, Kosova--or Kosovo as they refer to it--has always been an integral part of Serbia. Serbs argue that the UN Security Council’s Resolution 1244 did not allow for the succession of Kosova, and therefore, cannot declare independence under international law. Serbia stipulates that Resolution 1244 affirmed the territorial integrity of their sovereign territory, and adamantly object and warn that recognition of this state will set a precedent for what they deem as other “separatist movements.”

However under the ‘right of self-determination of peoples’, the title of a separatist movement is not applicable to the Kosovar case. Kosovar actions can in fact be designated as sui generis 21st century independence. As a result of the ethnic cleansing carried out by the Serbs, international law stipulates that “people whose right to internal self-determination has been thoroughly violated by a Government that does not represent the people” essentially have the inherit right to self-government…a text book case of Kosova.

Kosova’s independence is in effect a hangover from the breakup of the former communist Federation of Yugoslavia. The 1991 disintegration of the ex-Yugoslavia saw the secession of constituent republics which had been grouped under that umbrella following WWII. Yugoslavia, as a Russian backed project, grouped different Slavic republics and Kosova (the only non-Slavic province) together under Serb leadership.

Their dislike for each other and dreams to be independent was made evident by the rapid secession of the republics after the communist collapse and the bloody wars with Bosnia-Herzegovina and Kosova.

Kosova has taken the initiative to subordinate itself—unilaterally—to the Ahtisaari Plan for supervised independence under the auspices of the UN and EU. This plan for independence, named after the UN Special Envoy Martti Ahtisaari, provided the most viable and internationally endorsed plan for the creation of the new state; however, it faced the unappeasable objection of Russia and the intransigency of Serbia.

In light of this, Kosovars decided they could no longer be held hostage to a Serb government which in the eyes of the world and in reality had lost all moral authority to govern Kosovars; therefore, they declared independence with the blessing and recognition of many Western nations. Interesting to note, is the fact that the new Republic of Kosova guarantees rights for all minorities, especially Serbs—a courtesy not previously afforded to Kosovars.

It is commendable the resilience and adaptation the Kosovars have shown in establishing their own country. The democratic ideals and institutions in Kosova, i.e. the rule of law, political transparency, and protection of minorities - are most compatible with EU and other international standards; in a way their practical implementation far exceeds those of some already ‘established’ countries. The Kosovar politicians have endorsed the broadest minority rights possible in Europe and to provide protection of all ethnic cultural and religious institutions for all its inhabitants; and further, agreed to collaborate with a European Union-approved monitoring institution, EULEX, comprised mainly of judges and police, to guarantee implementation – hence, exemplifying their commitment to responsible statehood.

More governments should take note of this, and consider the atrocious events which led up to Kosova’s independence. Hopefully by doing so, more countries will recognized this nation that so eagerly and respectfully, awaits its inclusion into the global community.