UN Subcommission on Prevention

of Discrimination and Protection of Minorities

Forty-ninth session

Item 8

Protection of minorities

Delivered by Afrim Gjonbalaj

Geneva, 19 August 1997

Mr. Chairman,

the break-up of former Yugoslavia has left many unsolved issues that in actual circumstances are coming more intensively into the scene at this part of Balkan. One of unsolved problems is Albanian question in Kosova and in Macedonia (FYROM), which can threat the long term stability in the region.

Kosova

The Kosova issue has not been incorporated into the Dayton Peace Agreement or in any other agreements, including the initiatives of European officials. That's why the question of Kosova is increasingly dangerous, while passing almost unnoticed on international scene. Albanians are ninety per cent of population - majority - in Kosova. The everyday life of Albanians is endangered by the repression of Belgrade authorities, or well known 'Belgrade regime'. So far, both the so called "pacific option" of Mr. Rugova and the repressive option of Mr. Milosevic have not brought any progress towards global solution for Kosova.

At the end of January 1997, after a spate of violent incidents in Kosova, there have been 18 ethnic Albanians out of approximately 100 people arrested. They were charged with accusation of a conspiracy of these attacks. Several NGOs in Kosova reported that the accused have been tortured and forced by police to sign the confession. The reports also show that defendants were denied to meet their clients, that the rules of free and fair trial were not respected. The Transnational Radical Party condemns all acts of violence which have been committed in Kosova, and joins the request of the European Union for facilitating an independent institution such as the UN Special Rapporteur for Human Rights in the former Yugoslavia, to study the cases and to monitor the situation closely, taking into account the criticism raised against court and police. Such unfair, non-democratic court, whose result is the condemnation of these 18 Albanians, represents a dangerous precedent and could provoke an es

calation.

In April, while Albanians in Kosova suffered large abuses, the European Union granted Yugoslavia the preferential trade status. Such concessions demonstrate the international community's indifference to human rights violations. Incidents of torture and political trials after the agreement with the EU are evidence that the policy of positive encouragement has not stopped the Serbian Government from committing abuses.

Some international initiatives, such as opening the EU Information Office in Prishtina or holding the International conference on Kosova, are left on the paper, without further steps to realise them. With hundreds of arbitrary arrests from Serb regime, dozens of mysterious killings of Albanians, Kosova remains explosive area with an increasing risk of a general radicalisation of the situation. When we consider also hundreds of thousands expelled workers in Albanian majority since the supression of autonomy, the very beginning of the break-up of former Yugoslavia, we have a clear notion about the danger for peace, democracy and fundamental rights of all people living in Kosova. The actual frustration of the citizens of Kosova, Albanian, but also Serbs, for their future is increasing, because both the Albanian leadership and the international community have failed in finding the best way to oblige the Belgrade regime to guarantee the fundamental rights of all citizens of Kosova; what the interna

tional community have done are concessions to Belgrade, without preconditions concerning the Kosova issue. On the other hand it is the international community that takes the initiative to put the parties on dialogue, with a little progress. Let's remind that the agreement on education in Kosova signed last year is still only on the paper, due to Serb government's nonwiligness to fulfil it. The education in Kosova remains in danger, the studies are organised in semi-legal way.

All in all, the apartheid methods, in health, education, and other fields are still what the Belgrade authorities consider as the solution for the Albanians in Kosova. The latest visit of Serbian President Milosevic in Kosova, with his ultranationalistic statement that (I quote) "We, the Serbs are not going to make any concessions with Albanians" (unquote) has again minimised the means to find the peaceful solution. Kosova, by the way, remains to be one of the biggest fields of concentration of military equipment in Europe per capita. The peace is in danger, we have to reflect upon all peaceful methods for the solution.

The Kosova issue must be resolved by granting the right to self-government of the people. Both International Covenants (art. 1.) recognise the right of all people to determine its own future in a democratic fashion.

The Transnational Radical Party raise again the need of organising the international conference on Kosova, organised by the European Union and United Nations, where all the contest issue including the status of Kosova could be negotiated without preconditions between Serbia and the representatives of the Albanian people, under auspices of a third party (UN). Obviously that option will remain very difficult, if not impossible, till the actual regime will be in power in Belgrade, in other words, till democracy will be back in Serbia. We therefore call on this Sub-Commission to recommend urgently this initiative, before the chance to find the peaceful solution disappears.

Macedonia

Another subject the TRP would like to address this Sub-Commission is the critical situation in Macedonia (FYROM). Before the break-up of Yugoslavia the Albanians enjoyed the same constitutional rights as the other ethnic groups. After the secession of 1992, Macedonia changed its constitution at the expense of all non-Slavic people. The government asserts that Albanians must be treated as one of the minority populations. Democracy in Macedonia has now been reduced to a mechanical procedure where the majority pushes the minority aside

When Macedonia became a member of the United Nations, it also became party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Cultural and Social Rights, the International Convention on the Elimination of Racial Discrimination and other international treaties. This includes the equal civil and political rights of all the citizens of Macedonia.

One important human right not guaranteed in an equal way by the authorities of Macedonia is the right to education in one's own language. Albanian elementary schools have a lack of the most basic requirements. This is in stark contrast to Slavic-Macedonian schools which are well developed.

Actually, the Albanians request the new constitution of Macedonia where the equal rights of all the citizens would be granted, including the right to education, the use of own language on official basis. The TRP does not detract all the efforts of the representatives of Macedonia for the peace in Balkan and building their new state, however calls the government of Macedonia to respect the desires and rights of the considerable part of its citizens and to provide all the necessary means to bring these rights into life.

Latest incidents in the town of Gostivar and Tetova, on 9 June of 1997, in which special police force of Macedonia attacked the municipality of Gostivar and Tetova, arresting the mayor of Gostivar Rufi Osmani, democratically elected in last municipal elections, has made the situation more tense. However, in the prison of Macedonia remain hundreds of arrested Albanians from the last clash, in which dozens of people were wounded, and four dead. The Macedonian police has destroyed, damaged, the offices of municipality, also archives, and other technical equipment.

The Transnational Radical Party urges this Sub-Commission to focus its attention on the situation of Macedonia and to appeal on the government of Macedonia to take all the necessary constitutional, legislative, administrative and other measures to promote and protect the rights of all its citizens. The TRP urges this Sub-Commission to request the Macedonian government to clarify the circumstances of the latest incidents, whether the state of law was respected. The TRP urges this Sub-Commission to use all the necessary means to put the parties on negotiations, immediately release all political prisoners. The TRP considers all the rights of citizens in Macedonia, beeing it Macedonians, Albanians, Turkish and others, have to be granted by the state of law, and that in this respect the Macedonia government have to be more pliant in the rules of democracy.

Thank you, Mr. Chairman.