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Deconstruction of the Declaration of Independence |
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Saturday, 23 February 2008 |
Preamble
Convened in an extraordinary meeting on February 17, 2008, in Pristina, the capital of Kosovo,
Answering the call of the people to build a society that honours human dignity and affirms the pride and purpose of its citizens,
Answering the call of the people, i.e. not their will.
Committed to confront the painful legacy of the recent past in a spirit of reconciliation and forgiveness,
.. in a spirit of reconciliation and forgiveness. This signals that Kosova is ready to forget its history the losses and suffering, the violence and genocide from the past. This declaration is not presented as the culmination of history, but as its start. The declaration annuls history by presenting itself as a new beginning. This is a historical act without history.
Dedicated to protecting, promoting and honoring the diversity of our people,
Reaffirming our wish to become fully integrated into the Euro-Atlantic family of democracies,
Reaffirming our wish this very vague word does not signal any intent to undertake any action to realise this wish. Will become fully integrated, but not necessarily as a sovereign state or a member. Indicates that Kosova will integrate into Euroatlantic structures as a democracy, but not necessarily as a state.
Observing that Kosovo is a special case arising from Yugoslavia's non-consensual breakup and is not a precedent for any other situation,
The issue of Kosova is arising from Yugoslavias non-consensual breakup. The breakup was not only non-consensual, but violent, because of Serbia: Serbia created Yugoslavia in order to expand, and destroyed it in order to expand. The issue of Kosovas status did not arise, as a secondary effect, from the breakup, but is a part of that breakup. Kosova is in fact also where the breakup started, in 1987-89. Stressing that Kosova is not a precedent is intended to signal that oppressed people elsewhere in the world will stay oppressed also after this declaration. Including this is the result of a typically colonial mindset on behalf of the international bureaucrats that have dictated this declaration: by turning colonised people against each-other, by making them not support each-other, one can prevent them turning against the colonisers.
Recalling the years of strife and violence in Kosovo, that disturbed the conscience of all civilised people,
To say that the violence in Kosova disturbed the conscience of all civilized people makes it sound like the wars here merely caused some emotional distress to international observers watching the events on their TV. Instead of underlining how the war violated international law and fundamental human rights, how many people lost their lives, were injured, raped and had to flee, the declaration simply points to the spiritual pain it caused civilised people. This phrase is also intended to imply that Serbs should not be blamed for the violence here. Talking about the violence in Kosova in this neutral way absolves Serbia of any blame for it.
Grateful that in 1999 the world intervened, thereby removing Belgrade's governance over Kosovo and placing Kosovo under United Nations interim administration,
It is incorrect to say that the world intervened. E.g. Russia was against intervention and did not participate. To say that the intervention removed Belgrades governance and placed Kosova under UN administration makes it sound like the whole thing was no more than an administrative shift. Besides, it was not mainly Belgrades governance that was removed with the intervention, but the violence of Serbias criminal police and military forces. Since it is not saying that Belgrade no longer has control over or the right to Kosova, all this point is saying is simply that Belgrade is not governing Kosovas daily affairs anymore.
Proud that Kosovo has since developed functional, multi-ethnic institutions of democracy that express freely the will of our citizens,
institutions of democracy again does not show in any way that this refers to a sovereign independent state. This point also reduces the will of the people to the non-sovereign and corrupt local institutions in Kosova. The first time any word close to free is mentioned, freely merely refers to the freedom of expression of Kosovas institutions, not their rights or freedoms to take action as an independent state.
Recalling the years of internationally-sponsored negotiations between Belgrade and Pristina over the question of our future political status,
our future status makes it clear that our status is not final, and that we are going from transition to transition.
Regretting that no mutually-acceptable status outcome was possible, in spite of the good-faith engagement of our leaders,
Saying that no negotiated solution was possible is nothing more than avoiding blaming Serbias obstructionism for the breakdown of talks.
Confirming that the recommendations of UN Special Envoy Martti Ahtisaari provide Kosovo with a comprehensive framework for its future development and are in line with the highest European standards of human rights and good governance,
Ahtisaari does not provide a framework for development, but will in fact block development, and even deprive us of the possibilities for development by perpetuating the paradigm of stability the international community in Kosova is operating within. The plan will also separate people institutionally and territorially on an ethnic basis. The Ahtisaari plan has nothing to do with human rights, but demands ethnically based strong decentralisation before sovereignty, without dismantling Serbias parallel structures in Kosova. This will not protect human rights, but can lead to new violations. Also, if the Ahtisaari plan represents the highest European standards for good governance, how come no other European country has implemented it?
Determined to see our status resolved in order to give our people clarity about their future, move beyond the conflicts of the past and realise the full democratic potential of our society,
Kosova does not lack status, but our people lack freedom. This declaration will not give us freedom. In fact, it does not even represent a change in status, as we will continue to be ruled over by an anti-democratic and unaccountable international mission. About clarity this declaration does not bring clarity, but entails a number of serious contradictions and ambiguities. Besides, clarity is not the point: we need freedom and dignity. In order to achieve that, the people should decide on changing of Kosovas status through a referendum on independence. The call to move beyond the conflicts of the past is again a call to erase history. It is impossible to talk about democratic potential when we are being deprived of democracy by the people that rule over us.
Honouring all the men and women who made great sacrifices to build a better future for Kosovo,
The last point is so vague that it could refer to some people being injured while working on a construction site. Again, the vague formulation is chosen in order to erase the past and not blame Serbia for our historical tragedies.
Numbered points
1. We, the democratically-elected leaders of our people, hereby declare Kosovo to be an independent and sovereign state. This declaration reflects the will of our people and it is in full accordance with the recommendations of UN Special Envoy Martti Ahtisaari and his Comprehensive Proposal for the Kosovo Status Settlement.
1. This point is seriously self-contradictory. Being an independent sovereign state is completely incompatible with the Ahtisaari plan and his recommendations. He does not suggest sovereignty, but an extremely supervised independence. Either the MPs do not understand what sovreignty means, or they want to fool us. The so-called democratically elected leaders of Kosova are neither democratically elected nor leaders. Less than 50% of the population voted at all, in an externally imposed framework and process from above having nothing to do with democracy. This declaration cannot reflect the will of our people when we are deprived of the right to hold a referendum.
2. We declare Kosovo to be a democratic, secular and multi-ethnic republic, guided by the principles of non-discrimination and equal protection under the law. We shall protect and promote the rights of all communities in Kosovo and create the conditions necessary for their effective participation in political and decision-making processes.
2. This declaration will not provide people equal protection under the law, but will establish an international office to rule over us, with officials completely unaccountable and immune to the laws they impose on us. This point talks about communities, not citizens, and confirms the international communitys ethnic fixation regarding Kosova.
3. We accept fully the obligations for Kosovo contained in the Ahtisaari Plan, and welcome the framework it proposes to guide Kosovo in the years ahead. We shall implement in full those obligations including through priority adoption of the legislation included in its Annex XII, particularly those that protect and promote the rights of communities and their members.
3. Again it mentions communities instead of citizens, and obligations instead of rights.
4. We shall adopt as soon as possible a Constitution that enshrines our commitment to respect the human rights and fundamental freedoms of all our citizens, particularly as defined by the European Convention on Human Rights. The Constitution shall incorporate all relevant principles of the Ahtisaari Plan and be adopted through a democratic and deliberative process.
4. Ahtisaaris plan is not compatible with the ECHR. In fact, in the plan, there are no human beings, but only communities, which will be more segregated and separated by the plan.
5. We welcome the international community's continued support of our democratic development through international presences established in Kosovo on the basis of UN Security Council resolution 1244 (1999). We invite and welcome an international civilian presence to supervise our implementation of the Ahtisaari Plan, and a European Union-led rule of law mission. We also invite and welcome the North Atlantic Treaty Organization to retain the leadership role of the international military presence in Kosovo and to implement responsibilities assigned to it under UN Security Council resolution 1244 (1999) and the Ahtisaari Plan, until such time as Kosovo institutions are capable of assuming these responsibilities. We shall cooperate fully with these presences to ensure Kosovo's future peace, prosperity and stability.
5. This point basically says that Kosova does not want to become independent. It empties even a formal independence of any meaning and substance. The international presences here based on Resolution 1244 are not democratic nor are they promoting democracy. Instead, they are authoritarian and executive. Asking NATO to stay until Kosova is capable of assuming military responsibilities is self-devaluating. By talking about peace, prosperity and stability the international communitys focus on stability and peace, not freedom and progress, is revealed.
6. For reasons of culture, geography and history, we believe our future lies with the European family. We therefore declare our intention to take all steps necessary to facilitate full membership in the European Union as soon as feasible and implement the reforms required for European and Euro-Atlantic integration.
6. It should not be necessary to give reasons for why Kosova is European. We are. This point does not mention that Kosova intends to become an EU member as a sovereign state, but states that our future lies with the European family.
7. We express our deep gratitude to the United Nations for the work it has done to help us recover and rebuild from war and build institutions of democracy. We are committed to working constructively with the United Nations as it continues its work in the period ahead.
7. UNMIK has not helped our democratic development. UNMIK is anti-democratic and a failure even from the views of its own officials, and according to its self-proclaimed goals. This point also says that UNMIK will continue to stay here indefinitely. So an independent Kosova will be run by two international missions, not just one!
8. With independence comes the duty of responsible membership in the international community. We accept fully this duty and shall abide by the principles of the United Nations Charter, the Helsinki Final Act, other acts of the Organization on Security and Cooperation in Europe, and the international legal obligations and principles of international comity that mark the relations among states. Kosovo shall have its international borders as set forth in Annex VIII of the Ahtisaari Plan, and shall fully respect the sovereignty and territorial integrity of all our neighbors. Kosovo shall also refrain from the threat or use of force in any manner inconsistent with the purposes of the United Nations.
8. This point talks about the duty of responsible membership in international organisation, but not about rights and internationally equal relationships. This is because Kosovas rights will continue to be in the hands of the international administration here. Ahtisaari doesnt say anything about international borders in annex VIII, but he does mention in Article 3, that Kosova must adhere to the border agreement signed between Yugoslavia (Serbia) and Macedonia in February 2001 in which Macedonia got 2.500 hectares of Kosovas land.
9. We hereby undertake the international obligations of Kosovo, including those concluded on our behalf by the United Nations Interim Administration Mission in Kosovo (UNMIK) and treaty and other obligations of the former Socialist Federal Republic of Yugoslavia to which we are bound as a former constituent part, including the Vienna Conventions on diplomatic and consular relations. We shall cooperate fully with the International Criminal Tribunal for the Former Yugoslavia. We intend to seek membership in international organisations, in which Kosovo shall seek to contribute to the pursuit of international peace and stability.
9. While the previous point talks about duties, this point mentions Kosovas obligations and the contributions this declaration will commit us to. Our rights and freedoms are still not being mentioned. Talks again about peace and stability, but not development, progress, prosperity.
10. Kosovo declares its commitment to peace and stability in our region of southeast Europe. Our independence brings to an end the process of Yugoslavia's violent dissolution. While this process has been a painful one, we shall work tirelessly to contribute to a reconciliation that would allow southeast Europe to move beyond the conflicts of our past and forge new links of regional cooperation. We shall therefore work together with our neighbours to advance a common European future.
10. The disintegration of Yugoslavia does not necessarily end with the independence of Kosova. By saying this, the declaration wants to discredit the efforts of the Hungarians in Vojvodina, the Albanians in the Valley of Presheva and Bosniaks in Sandjak to get out from Serbias rule. And again, this point emphasises reconciliation in order for the past to be forgotten.
11. We express, in particular, our desire to establish good relations with all our neighbours, including the Republic of Serbia with whom we have deep historical, commercial and social ties that we seek to develop further in the near future. We shall continue our efforts to contribute to relations of friendship and cooperation with the Republic of Serbia, while promoting reconciliation among our people.
11. This point is an attempt to neutrally describe our relation to Serbia, when everyone knows what this relation in fact meant: our exploitation, supression and domination by Serbia.
12. We hereby affirm, clearly, specifically, and irrevocably, that Kosovo shall be legally bound to comply with the provisions contained in this Declaration, including, especially, the obligations for it under the Ahtisaari Plan. In all of these matters, we shall act consistent with principles of international law and resolutions of the Security Council of the United Nations, including resolution 1244 (1999). We declare publicly that all states are entitled to rely upon this declaration, and appeal to them to extend to us their support and friendship.
12. This important point, the last one, does not mention independence, but Ahtisaaris plan and Resolution 1244. This point does not ask explicitly for recognition, signaling that we will understand if someone decides not to recognise us.
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Rasti i 10 Shkurtit:
The 10th February Case:
Dokumentet kryesore:
Key documents:
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