Association of Serb-Majority Municipalities in Kosovo: Community Need or Serbian Leadership Interest?

Session

LAW

Description

The Kosovo-Serbia dialogue, mediated by the EU, has not achieved its ultimate goal of normalizing relations between the two states, even after more than a decade of negotiations. Despite encountering significant challenges, a legally binding final agreement between the parties still appears to be distant. In the current phase of the dialogue, the main obstacle to further progress toward normalization seems to be the Association of Municipalities with a Serbian majority.

While the dialogue is deemed essential for Kosovo and its inhabitants, including the Serbian community, Serbia's political leadership consistently deploys it as a tool to further their domestic and foreign policy agendas, often neglecting the genuine needs of the Serbian community in Kosovo. This paper centers on testing this hypothesis through an analysis of the constitutional status of minority communities in Kosovo, with a specific focus on the Serbs. It examines their participation in central and local government and delves into the reasons both in favor of and against the establishment of a sui generis association with monotonic features.

Furthermore, the study examines international practices related to the collective organization of minority communities to safeguard their identity, culture, language, and religion. It aims to draw insights from successful global models to propose politically and constitutionally viable solutions.

The paper concludes by presenting findings and insights that aspire to contribute to state policy within a scholarly context, addressing fundamental concepts such as freedom and human rights, collective rights, and the self-government of minorities.

Keywords:

Kosovo, Serbia, Dialogue, Association, freedom and human rights, collective rights, self-government of minorities

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-95-6

Location

UBT Lipjan, Kosovo

Start Date

28-10-2023 8:00 AM

End Date

29-10-2023 6:00 PM

DOI

10.33107/ubt-ic.2023.135

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Oct 28th, 8:00 AM Oct 29th, 6:00 PM

Association of Serb-Majority Municipalities in Kosovo: Community Need or Serbian Leadership Interest?

UBT Lipjan, Kosovo

The Kosovo-Serbia dialogue, mediated by the EU, has not achieved its ultimate goal of normalizing relations between the two states, even after more than a decade of negotiations. Despite encountering significant challenges, a legally binding final agreement between the parties still appears to be distant. In the current phase of the dialogue, the main obstacle to further progress toward normalization seems to be the Association of Municipalities with a Serbian majority.

While the dialogue is deemed essential for Kosovo and its inhabitants, including the Serbian community, Serbia's political leadership consistently deploys it as a tool to further their domestic and foreign policy agendas, often neglecting the genuine needs of the Serbian community in Kosovo. This paper centers on testing this hypothesis through an analysis of the constitutional status of minority communities in Kosovo, with a specific focus on the Serbs. It examines their participation in central and local government and delves into the reasons both in favor of and against the establishment of a sui generis association with monotonic features.

Furthermore, the study examines international practices related to the collective organization of minority communities to safeguard their identity, culture, language, and religion. It aims to draw insights from successful global models to propose politically and constitutionally viable solutions.

The paper concludes by presenting findings and insights that aspire to contribute to state policy within a scholarly context, addressing fundamental concepts such as freedom and human rights, collective rights, and the self-government of minorities.