November 01, 2006

Serbia and its New Constitution: On the Brink of a New Era?

Serbia and its New Constitution: On the Brink of a New Era?



Serbia and its New Constitution: On the Brink of a New Era?
Can Karpat, AIA Balkan Section
Since the overthrow of Slobodan Milosevic in 2000, Serbia has been supposed to adopt a new Constitution. Finally, after endless delays and hesitations, Serbia adopted its first post-communist Constitution last weekend. Within weeks, the exact date of the early elections will be fixed. And President Boris Tadic insists that the presidential elections be held before the end of this year as well. Serbia is definitely on the brink of a new era. Will this era also bring luck to Serbia and the rest of the Balkans…

Since the overthrow of Slobodan Milosevic in 2000, Serbia has been supposed to adopt a new Constitution. Finally, after endless delays and hesitations, Serbia adopted its first post-communist Constitution last weekend.
   
Serbian orthodox priest walks by a bill board reading 'Yes' in favor of the new constitution (photo: AP)  
Serbian orthodox priest walks by a bill board reading 'Yes' in favor of the new constitution  
In spite of the patriotic posters "For the good of Serbia, let us vote at the referendum", last weekend only 53.66 percent of the registered voters went to the polls. And just 51.46 of them voted for the adoption of the new Constitution.
Prime Minister Vojislav Kostunica stated with proud that "there is no country which checked the mood of its public in the way Serbia has done with the new Constitution - first with the voting in Parliament, and then with its confirmation at the referendum with a majority vote".
This is nothing but Premier's wishful thinking. Of course, superficially, it seems as though the Constitution had been adopted with two levels of voting, one by Parliament, the other by the people - thus with genuine gravity. Yet, much criticised and with right was the way the Constitution prepared: in a great rush so that Zoran Ostojic from the liberal Civic Alliance of Serbia (GSS) calls it "49-hour Constitution" and without the participation of the public nor the minorities. 
And of course, no surprise that Prime Minister declared "victory". Although in a deliciously diplomatic way he called it "victory of Serbia", he must have hinted at his government's victory as well.
However, statistics do not lie. It is obvious that with such figures ( 53.66 and 51.46 percent), the adoption of the Constitution is far from being a victory. Rather, it indicates the weariness of the Serbs from politics - or even their indifference towards it.
If we must see the empty side of the glass … Almost one Serb over two rejected the Constitution supported by the four major political parties. This fact is crystal clear. The intriguing question is: Did they also reject the preamble on which the government counted all its success?
During the pre-referendum campaigns, which, without surprise, turned into a sort of pre-elections campaigns too, the "Kosovo preamble" was the focus of all arguments. In order to stimulate the people, Pink TV broadcasted films on the Battle of Kosovo.
It is extremely regrettable that this Serbian television found nothing but a battle coming from as early as 1389 in order to justify Serbia's sovereignty over Kosovo. Did the channel insinuate that the international community of modern times is in fact a reflection of the Ottomans of Kosovo Polje? Complete mystery indeed.
Thus, it must be of an extreme relief for the outside world that ordinary Serbs did not let themselves be influenced by such suspect arguments. And thus, the poll according to which 60 percent of the Serbs would "tolerate" the secession of Kosovo was confirmed. For ordinary Serbs, there are more serious and urgent economic and social problems than the Kosovo question.
In a way, there was no surprise at this referendum. More than 90 percent of the Kosovo Serbs voted for the Constitution. Albanians of the Presevo Valley boycotted the referendum as a sign of solidarity with their brethren from Kosovo. And only 42 percent of the inhabitants of Vojvodina approved of the new Constitution.
It seems that finally Serbia alienated all of its Albanian inhabitants. Since the focus was the notorious Kosovo preamble, this was the price to pay indeed.
As for Vojvodina, it seems that the people sided with the President of the Assembly Bojan Kostres who called the citizens to boycott the referendum, rather than with Prime Minister Bojan Pajtic who supported the new Constitution. Pajtic was even enthusiastic about the draft: "We even got what we didn't state in the platform, for example that Vojvodina has its symbols, and the Constitution stipulates those symbols". With this Constitution, Vojvodina is granted financial autonomy. However, we live in the "era of minorities" so that minorities are even on the brink of demanding more rights than majorities - with the blessing of the EU.
And finally the Serbs of Kosovo. It is no surprise that the preamble just hypnotised them. What is worrying is the way that they celebrated their -though statistically scarce as we have seen- "victory" in the divided town of Mitrovica (northern Kosovo), hailing Ratko Mladic among others. Unless being a disagreeable Cassandra, this was far from being a good sign for the future when Kosovo will obtain some kind of independence.
   
 
  Serbian PM 
Vojislav Kostunica
Of course the new Constitution has its good points. According to Zoran Ivosevic, a former judge of the Supreme Court of Serbia, "the areas of economy, public financing and property rights, and organisation of power -especially the judiciary- were done very carefully".
However, the Kosovo preamble and the first article which declares that "Serbia is the homeland of the Serbs" either alienated some (Albanians and other minorities) or toughened others (Kosovo Serbs).
Yet, one must admit that to criticise is an easy and comfortable job. Every analyst criticise à fond Serbia's deeds and advise her not to do what she does, though no one really tell her what she should do instead.
En résumé, Vojislav Kostunica has not much reason to rejoice. The Constitution has been adopted with a very scarce majority. His government is always a precarious minority government. Within weeks, the exact date of the early elections will be fixed. And President Boris Tadic insists that the presidential elections be held before the end of this year as well.
Therefore, Serbia is definitely on the brink of a new era. However, whether this era will also bring luck to Serbia and the rest of the Balkans is yet to be seen in coming months. 
 



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Kosovo Serbs called best-protected group

Kosovo Serbs called best-protected group



Kosovo Serbs called best-protected group

BELGRADE, Serbia, Nov. 1 (UPI) -- A U.S. envoy says minority Serbs in Serbia's mainly ethnic-Albanian Kosovo province will be the best protected national group in the Balkans.

Frank Wisner, U.S. envoy in talks on Kosovo's future status, told Serbian leaders in Belgrade that Washington wants the U.N.-led talks between the Serbian government and leaders of ethnic-Albanians to be completed this year, Belgrade's B92 radio-television reported Wednesday.

In an interview with B92, Wisner said the United States hopes the talks will be completed with as much cooperation and compromise as possible.

The Serbian government in Belgrade, representing about 100,000 Serbs in Kosovo, and the leaders of ethnic-Albanians, who make up 90 percent of Kosovo's population of 1.8 million have shown in the talks, begun in February, their stands are diametrically opposed.

The ethnic-Albanian leaders insist on Kosovo's independence from Belgrade, while the Belgrade government says Kosovo will always be an integral part of Serbia.

The U.N. civil administration and NATO protection troops have been deployed in Kosovo since 1999 to contain ethnic armed conflicts.
http://www.upi.com/NewsTrack/view.php?StoryID=20061101-090753-7709r




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James Bissett: Keep an eye on that 'damned silly thing' in Kosovo

James Bissett: Keep an eye on that 'damned silly thing' in Kosovo






Centre for Research on Globalization
October 31, 2006

KEEP AN EYE ON THAT 'DAMNED SILLY THING' IN KOSOVO

UN and NATO in defiance of International Law


by James Bissett

Serbian voters have approved a new constitution that, among other things,
reaffirms sovereignty over Kosovo which, since the bombing of Serbia in
1999, has been administrated by the United Nations with the help of NATO
troops. The weekend referendum result will further complicate efforts of
Western policy- makers to grant independence to Kosovo since, to do so
without Serbia's consent, would violate the U N Charter on territorial
integrity and inviolability of borders. Nevertheless, there have been
indications that the UN special envoy, Marrti Ahtisaari, will soon recommend
that Kosovo be separated from Serbia and become an independent country.

This would be a mistake.

For the past seven years Kosovo has become one of the most dangerous places
on Earth. It is the center of heroin, weapons and human trafficking into
Western Europe. Murder and abduction of non –Albanians are a daily
occurrence. Civil society is non-existent and living standards are
equivalent to those of Haiti. There is evidence that Islamic extremists with
Al Qaeda connections are a growing presence. In short, Kosovo has all the
characteristics of a failed state.

Under the watchful eyes of the UN and NATO, more than 200,000 Serbs, Jews,
Romans and other non-Albanians have been expelled from Kosovo. Those who
remain are in constant danger. And some of those encouraged by the UN to
return have been murdered The Prime Minister of Kosovo, Agim Ceku, a former
leader of the Kosovo Liberation Army, has been accused of war crimes by the
Serbs. He is the man who led Croatian forces in 1993 that over ran Serbian
villages protected by Canadian peacekeepers. When his fighters were driven
out, the Canadians found all of the civilians and animals in the villages
had been slaughtered.

One of the crimes committed by the Albanian majority in Kosovo has been the
razing of over 150 Christian churches and monasteries. Many of these
churches dated back to the 13th and 14th centuries. Their destruction has
been a deliberate effort to remove all semblance of Christian heritage in
Kosovo. Shamefully, there has been no international outrage, no serious
attempt to apprehend the perpetrators and no expression of alarm or protest
on the part of Christian churches in the West.

The U N resolution that ended the bombing campaign against Serbia guaranteed
that Kosovo would have a functioning civil society, democratic institutions,
security for all citizens and respect for the rule of law. It called for the
disarming of the Kosovo Liberation Army and other armed groups. It provided
for the return to Kosovo of limited numbers of Serbian security forces to
guard the Christian Holy places. And it reasserted Serbia's sovereignty over
Kosovo.

Sadly, it seems the UN and NATO had no intention of honouring these
commitments. These are hard facts and they stand as a testimony of failure.
The performance of these two international institutions has been marked by
duplicity, double standards and cowardice.

Independence for Kosovo would establish a dangerous precedent. President
Vladimir Putin of Russia has already warned that a decision to grant Kosovo
independence could be applicable to post-soviet territory .He has particular
interest in regions of the former Soviet Union that have aspirations for
independence. The most volatile ones are the Georgian provinces of Abkhazia
and South Ossetia; these two regions broke away from Georgia in 1992 and
want independent status. Recognition of Kosovo independence would give them
their precedent. And could result in bloodshed with serious implications for
world security.

Bismarck, once said that the Balkans were not worth the bones of a single
Pomeranian grenadier. Yet, he also predicted that, if there were to be
another war in Europe, it would be because of some "damned silly thing" in
the Balkans. The assassination of Archduke Franz Ferdinand in Sarajevo in
1914, sparking off the First World War, proved him right.

Ominously, there is again a strong possibility that another "damned silly
thing" is taking place in the Balkans: the seeming determination of Western
policy makers to grant the Serbian province of Kosovo its independence. In
foreign policy, as in other human endeavours, you can't get good results if
you do dumb things.

James Bissett is former Canadian Ambassador to Yugoslavia





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