Written by Esat Stavileci
The history of the Albanian people may be understood rightly only if an overall approach is done, in continuation and by self-criticism, as it has developed. The political history is only one side of the history of Albanians. Accordingly, the result of general history, and not of political history only, are of interest. Compactness, continuation and authenticity of the history of Albanians are in general characteristics.
We state so, as the history of the Albanian people does not figure to be authentic with its compactness and continuation during centuries in Serbian historiography, “ but as separated and within the state that has ruled over the Albanian land and within the relation between Albanians and Southern Slavs”. ¹Albanians does not accept such an antiscientific approach to their history, since “ every nation has its history and it cannot be written by the history of the states that ruled their land and the history of their relationships with the neighboring peoples either”. 2Every national history, thus the history of the Albanian people too, is periodized on the basis of certain criteria. The history of the Albanian people begins with Albanians in the period of early feudalism, that witnesses the history of Albanians of that time, including the Illyrian origin of Albanians, the origin of its name, the occupation of the Albanian land , etc.
SHORT HISTORY OF THE ALBANIAN PEOPLE, ESPECIALLY OF THEIR ETHNOGENESIS AND INDIGENOUSNESS
The Albanian science does not accept any other history except its periodization of the history of the Albanian people.Although the international decision-making centers in the projects of solution of interethnic conflicts, and in talks are as a rule concentrated on the political field of open questions, attention should be paid in the first place to arguments, facts and clear scientific position. It is not allowed, at least, in science, to underestimate the history of other peoples as it is the case with the history of the Albanian people . Even though the talks Kosova could be concentrated on the actual relationships with Serbs, they cannot deviate from the question of who is older in and who has priority to these regains.Albanians constitute a compact, homogenous population that speak one language. Albanians are the descendents of Illyrians in the whose land they are and whose language they speak. Albanians were formed as a nation in the early middle ages. Their origin comes from Illyrians and they were formed as a nation and developed in the new economical-social conditions of the feudal systems. The existence of the Albanian people in the early middle ages is confirmed:by original materials, and on the basis of their material, spiritual and linguistic data.Precisely the latter kind of source indicates the existence of the Albanian ethnicity in the time of the settlement of Slavs in the Balkan Peninsula, although Serbs with a merely political propaganda attempt to deny the ancient Illyrian origin of Albanians in order to delay their right to history up to the middle ages.The Illyrian origin of Albanians is in direct relationship with their historic identification. As it is known, there is no nation without its certain ethnic origin. Archeologists have proven that a direct continuation of material and spiritual culture exists between Illyrians and Albanians, “ on the basis of archeological material of series of necropolises of the early middle ages in the territory of present Albania”. 2 In fact, archeological exploration in the investigated necropolises testify the Illyrian tradition which continued even after the settlement of Slavs in the Balkans.On the basis of linguistic elements, as it has been known, many names of world philologists have come to the conclusion that Albanians has direct links with Illyrian.3 The viewpoint of the Thracian origin of the Albanian language does not posses the power of proof, as it is based on some arguments of linguistic character, only on some rare words which Albanian has borrowed from Thracian.The viewpoint of the Illyrian origin of Albanians is confirmed, apart from others, also by ethnological and ethno-numismatic research work, by which has been discovered that the present Albanian language is vestige of Illyrian culture. 4Finally , a series of Yugoslav Illyrologists point out that Albanians are descendants of Illyrians. For example Acad. Milutin Garasanin 5 confirms that Albanians should be considered as Illyrians descendants- the earliest inhabitants of the ancient Western Balkans. In “ The history of Serbian people” 6 it is said that the “ arguments on the Thracian origin of Albanians is not strong proof , and the viewpoint of the Illyrian origin of Albanians is strengthened by new reasons”. Nevertheless , “ it is doubtless that Albanians are among the oldest people in Europe” 7Albanians protect the viewpoint that they , as Illyrian descendents, are autochthonous in their territories in which they have lived to the present day. This point of view is confirmed by the same arguments by which is proved the Illyrian origin of Albanians as well.8 On the question of the Albanians homeland, that is of the territory in which they have lived as a people, any other viewpoint is baseless . Thus, the Yugoslav scientist, R. Katicic, speaking about the territory in which the Albanian language was developed from Illyrian , confirms that “ territory , in the general lines, converges with the present Albanian state , but it also stretches outside the borders, in Yugoslavia and Greece .”9While the Serbian science makes efforts to witness that” Kosova is Serbian” , historical arguments indicate convincingly that “ Serbs where settled in Kosova at the time when Serbian state was spreading to this direction by Nemanjics” 10 In the Albanian ethnic territory as a consequence of invasions , during the middle ages and the Ottoman Empire , a small number of Serbs, Turks and Romanies settled in Kosova. The Serbian minority increased considerably by means of violent colonization between two world wars nevertheless it never reached above 10% of the population as the hole. 11 These facts can be proved on the basis of the studies of Cvijic and other Serbian sources. In fatc, the evolution of Serbian ethnic group in the way from the tribal life to a people and than the nation is a longer way; therefore the view that “ Serbian nation was formed out of Slavic tribes that settled here during the 6th and 7th century” cannot be true scientifically .12 The Serbian name in historical documents was mentioned in 9th century for the first time, at the time when the process of formation of the Serbian people began and the Serbian nation was formed “ only by the end of the 18th and beginning of 19th century”.13 In many historical sources it is spoken of the same period of Serbian movement from north to south . For example , in “ The history of Yugoslav people” , ( book I , Belgrade 1953) on the Serbian movement to Kosova by the end of 11th century and during 12th century is said, “ the Serbs from Raska first moved to the fertile field of Kosova, and then on the upper flow of Morava and Vardar” and Konstatin Jirice (“ The history of Serbs”, I Belgrade , 1952) wrote “ by the end of 11th century the Serbs of the east came continually from the Byzantine borders. During the ruling of the Emperor Aleksej Komnen, they penetrated mostly to the south eastern direction , along the line from Raska through Zvecan and Peja and further to Macedonia”.Accordingly , it is true that Albanians were earlier in this regions than Serbs that were new comers . The Albanian-Illyrian monuments , Illyrian graves as the most early underground monuments and mosques and towers, or demographic data indicate obviously the historical right of Albanians to this region. Albanians in this territories have all their history, tradition, heritage , culture, social classes , communications and relations with the other people around them. The Albanian population in their land in former Yugoslavia ( in their territory during the hole history have lived and functioned as an ethnic community with the other part of Albanians in the Balkans. Consequently , the aspirations of Serbs to the Albanian land cannot be justified scientifically by the Serbian past in Kosova. Albanians are in their ethnic land , an indigenous people and it means that they have lived here from the earliest times since ethno-genetic process began in the Balkans. They have formed their ethnic identity here and have build their national identity. They have protected their national being and they think to develop their future here.II.OBSERVATIONS THAT OUGHT TO CAUSE PANGS OF CONSCIENCET INTERNATIONAL DECISION-MAKING CENTERSThe Albanian question presents a unique questionThere exist at least two possible approaches to the position of Albanians in their ethnic land in the space of former Yugoslavia, one of which is partial approach , separated , so detached from the whole , and the other one non separated, so attached to the whole Albanian question.14 Even though the international decision –making centers may find the due to the political circumstance in the Balkans and outside it, the first approach h is necessary for the Albanian question , that is the partial approach, as separated and detached from its wholeness, independently on partial political determination of Albanians in their ethnic land and the space of former Yugoslavia, the question of the position of Albanians as well as the question of Albanians in general should be treated as unique matter. The complete-non separated , therefore the raise of the whole Albanian question, whether historically or politically , and particularly constitutionally , is justified by the more fact of the disintegration of former Yugoslavia in to several sovereign and independent states . That is why , if the international decision-making centers continue to approach to the Albanian question only partially , they would accept an actual situation of the separation of the Albanian people in the ethnic land. And not only that by they might at the same time accept the reduction of the Albanian question into its components only, and so perhaps the closing of some parts of it.Therefore the international decision-making centers have an important task to understand the Albanian question as unique matter. Only in that way they could have righteous and complete approach to the Albanian question and clear projection for its solution that is for the future of the Albanians in the Balkan.Accordingly, the international decision-making centers may not finally but put the question of the future of Albanians on the agenda. Every partial approach to the political crisis in former Yugoslavia may produce only temporary effects and will be predestined to fail. Therefore , it is high time they understood that peace in the region cannot be expected without a general approach to the political crisis in former Yugoslavia. Similar to the issue of Kosova, that presents the most important component of Albanian question, the very question of Albanians presents the most important component of the political question in the Balkans.Accordingly no peaceful solution of the Balkans can be expected without the solution of the issue of Kosova and the question of Albanians. Albanians are the only people in the Balkans that from all sides are bordered to themselves, since they have unjustly separated into five states by European offices. That is why they expect from the international decision-making centers to discuss the Albanian question with the greatest wisdom.The raising to the surface of the alternative unification of the Albanian land and creating united state with itself could bring about a more complication position of the international decision-making centers in the present situation, since they present the question of borders as a “sacred question”, as a delicate question by which they confront precisely with such harshness that can bring about an international crisis, both the requests of the interested parties and the projects of the powers supporting them, although they, on the other hand, they are engaged to reaffirm the equality of peoples and their right to self-determination in accord with the Charter of the UN and appropriate norms of international law, including those dealing with territorial integrity of the states.15Accordingly, the international decision-making centers should engage themselves not only to discuss , but also to solve rightly the issue of Kosova and the Albanian question, not to find out that it has to do with one of the most complex ethnic problems in the space of former Yugoslavia, but to reel the need for finding the best acceptable solution of it; not only to express inconvenience for the hard situation and position of Albanians, but to offer solutions of long history which was never before on the side of the Albanians, not to justify the reasons that have brought about this situation, but to undertake measures to face it; not to promise the future to them, but to construct it.Historical continuity of the Kosova issueWith regard to the topic, we borrow parts from the book “Vepra I” (Book I ), chapter “ Çështja e Kosovës në kuadër të çështjes shqiptare si sfidë e madhe dhe madhore e kohës dhe ndaj kohës” (The Kosova issue within the Albanian issue as a great challenge of the time and against the time ), presented in the symposium “ The issue of Kosova and the Albanians in former Yugoslavia”, organized by the Academy of Science of Albania and the Academy of Science and Arts of Kosova, Tirana, 15-16 April 1993. What Academician Gazmend Zajmi says with regard to the historical continuity of Kosova issue is given below:“ In the time of the Albanian National Awakening, in thinking trends, political movements, institutional achievements, as well as Albanian uprising, “ the question of Kosova” did not existed as a separate issue , as common question of all Albanian lands-vilayets in the framework of the Ottoman Empire. It was the Serbian occupational sword thrusted through the Albanian ethnic trunk and other territories of their ethnic majority in the Balkans which invented physically the question of Kosova . As it is already known, this truncation of the ethnic territory of the Albanian nation as “fait accompli” was adopted by the London Conference (1913) to be sealed for a second time by the Versailles Conference (1918-1920) with its ratio of international forces. It is worth mentioning that among the 14 points marked by President Wilson in 1918, there is a point “9” which demands “ the readjustment of Italy’s borders taking into consideration the clearly evident national lines”. If there were another ratio of forces, there was nothing more evident for the decisive factors of international community than the clearly dictating national lines of the Albanian nation in the Balkans, which are entirely different from the borders settled for Albania by the London Conference eighty years ago.On the crossroad of the Balkan wars, half of the nation and more than half of the territories of the Albanian ethnic majority found themselves not only outside the new Albanian state, but also occupied by the Balkan neighboring states, mainly by the Serbian one. Prior to this crucial moment, it cannot be said, in the internationally true meaning of the word, that the Albanians were under the Turkish occupation. 500 years had elapsed since the Turkish occupation of the Albanian territories in the Balkans, as well as of many other territories , and it is understandable that the chisel of the time had made the Albanians find themselves, on the eve of the Balkans wars, as an unequal people deprived of national rights in the theocratic and multiethnic empire as far as its composition is concerned. The political act of the National Awakening embodied indirectly the character of the national liberation act from the invader. It aimed at strengthening in the Albanians the national conscientiousness and political struggle for Albanian self-determination, be that in the form of autonomy , or in the form of independence of the Albanian ethnic territories, which at the same time were within the framework of the Ottoman Empire , therefore it cannot simply be said that half of the Albanian nation and, in this framework Kosova, passed from one occupation system into another one with a new ethnic signum. The truth is that this part of the nation passed from its position of a denied national identity into a multi-ethnic state structure when it had undertaken decisive steps for its independence , in a situation of occupation by a foreign one ethnic power.Since the time of Kosova’s geo-political separation from the general Albanian ethnic-territorial trunk in the Balkans, Kosova’s issue , going through various historic zigzags , dependent on the geo-political and other circumstances, has always born the seal of the aspiration of the Albanian people of Kosova for their national identity , national unification, national equality. These are variations of national goals in broader political circumstances and contexts of the time, but all these are related to the main axis of the aspirations of the Albanian people of Kosova to become masters of their own political destiny.Historic destiny, more accurately lack on historic luck, saw to it that the Albanian nation encounter on its way nothing more ferocious, more cunning, more insatiable than Serb state nationalism. Kosova has always and incessantly been the target aimed at by it.In the period between the two world wars, Kosova’s question was frozen not only by the Serb state nationalism, that had overrun it with all its weight, but was held in restraint by the Versailles system which reigned in this historic period of Europe. With its zigzags and inner conflicts, Albania’s political history in the period between the two world wars, was not favorable to put for Kosova’s question on the international arena( the same happened also with Albania’s political history after World War Two). It should be particularly underscored that during the First World War and following it, and particularly during Versailles Conference, Albania was obliged by militarist and expansionist Serbia to assume defensive position to defend the Albanian ethnic land within the borders of the Albanian state reduced to its half by the London Conference of 1913 ( a major contribution to Albania’s defense in the Conference was made by the President of the United States of America Woodrow Wilson through a letter he addressed to the conference).For the needs of historic studies, the question is posed whether the Serbian power and regime of the time, except for the insatiable appetite towards Albanian territories that were linked with the Albanian cost, obliging Albania to take defensive positions for defending the reduced ethnic borders, inhibited Kosova’s issue from every possibility of international respiration . Such an hypothesis as a logical one is other than groundless , although every hypothesis requires to be proven accurate, tracing documents of the time.With regard to Kosova’s question , with no possibilities to put forth claims for Albania, the current Serbian policy strives nevertheless to instrumentalize the Kosova-Albania relations in order to counterpoise to Kosova’s independence. Such a smoke screen is comprehensible when it common knowledge that Serbia has not arguments in the framework of the Helsinki order to go against Kosova’s independence. The principle of self-determination of people that might lead to the dissolution of a state in new state subjects has nothing to do with the Helsinki principle of not changing borders between states in Europe through force. Furthermore, Kosova, according to the Constitutional of Yugoslavia’s multi-national federation, already dissolved, has not been part of the Serbian state, but a constitutional part of the federation.The Serb power of the Yugoslav kingdom knew very well that even during the two world wars there existed Kosova’s question as a living question on the ethnic structure of Kosova’s territory markingly distinguished from the ethnic trunk of the Serb-Croat-Slovene state (Yugoslavia): urging and imposing the Albanian’s migration from Kosova to Turkey or Albania, the inundation of Kosova by Serb and Montenegrin colonists, the deployment of military formations in Kosova (Kosova’s division), the invention of programs to change the ethnic structure of Kosova’s population through most distorted ways and means, all these are undeniable facts of the pulsation of Kosova’s question both through mentally obsessed structure to bring back Serbian Middle Ages, and through the Albanian national liberation movement in Kosova in this period, with all its high tides and drifts.The fact that after Yugoslavia’s capitulation to the German occupation forces, Kosova, or to put it more accurately, its over whelming part, was found within Albania which itself invaded during the years of World War Two, without taking into consideration the conditions in which this state ethnic structuring was done, and which was the benefit drawn by the forces of the Axis-speaks not only of a-political re-division which normally takes place in the conditions of global wars to the benefit of the belligerent parties, but also to the existence of Kosova’s question, as an issue of major ethnic-territorial injustice. Likewise, it should be underscored that Kosova was not considered, in relation to Albania, as a foreign ethnic land, as it was the case with other geo-political realignments during World War Two, after and even on the threshold of that war. Finally, such a thing had stricken also parts of the Albanian territorial even during World War Two were part of the Bulgarian state or under Serbia’s state power Nedic.The fact that Kosova’s issue has been an open interethnic question in the Balkans is proved also by the fact that the antifascist movements in Yugoslavia and Albania, without taking into consideration the back stages and consequences that followed, had jointly detached it as a question to be examined and solved after the common antifascist war. This is proved also by the fact that Kosova’s representatives were not present in the Second “AVNOJ”Meeting in Jajce (Bosnia-Herzegovina) where the first constitutive foundations of the Yugoslav Federation were laid, because their participation might have prejudiced the solution of the open issue of Kosova through anti-fascist formations of Yugoslavia and Albania. As a question of its national structure, and a question of national self-determination, it found its expression in the most striking and culminating way in the Resolution of the Bujan Conference (31 December 1943 – 1 January 1944) , which relying on the principle of self-determination, affirmed in international documents during the war, speaks of Kosova as a territory inhabited by a majority of Albanians and of the will of this majority for national unification with Albania.After the Bujan Conference and the end of the World War Two , as the result of the Serbian political domination, attempts were made to close Kosova’s question unnaturally and by a politically hatched-up plot . The second resolution( the second meeting of the “National Liberation Council of Kosova”, Prizren, August 1945), proclaims that Kosova “ upon the will of its population’ joins Federal Serbia in the framework of the Yugoslav Federation. “Closing” this issue in this way ( upon the will of the population of Kosova) against the logic of the objective character of Kosova’s natural structure, and of the vast space of the Albanian ethnic majority in the Balkans, not only could not close historically Kosova’s question and the Albanian question, but virtually reopened the issue in a new historical contexts , not to say a geo-political one , in the Balkans.The known changes in the constitutional political state position of Kosova( the years 1967, 1988, 1971, 1974, 1989, 1990, 1992) prove ever better that Kosova’s question was not closed down. In essence , in all the cases they were in fact constitutional-juridical and political state reflexes of the political processes on Kosova’s territory, and in general on the territory of the former multi-national Yugoslav Federation . The brutal ruining of Kosova’s political autonomy in March 1989 by the Serbian state power through violence and procedural fraudulence (Votes ”for” were not counted , hands were raised also by persons who were not deputies to Kosovas Assembly), powerful irritation of the youngsters in blood, speak of a vivid political issue of Kosova’s question.Kosova’s re-annexation by Serbia in March 1989, through one sided changes of the Serbian constitution , which ran flagrantly counter to Kosova’s Constitution and the Constitution of multi national Federation, as well as the effectuation of this constitutional change by the police, took place precisely at the moment when the possibility of the beginning of tectonic waves that split Yugoslavia in many parts was being felt in the deep waters of the Yugoslav political scene, and Serbia was in the hurry to come out of this division bigger in size with Kosova and Vojvodina fastened to it. To this end, they accelerated also the issuing of Serbia’s new Constitution – 1990 ( this Constitution ran counter not only to Kosova Constitution, but also to the Constitution of the Yugoslav Federation-Confederation) to have Kosova even more in the grip of Serbia’s Unitarian structure.The” July 2nd” Constitutional Declaration on Kosova’s independence and equality, alias , on Kosova’s secession from any kind of constitutional frame in Serbia’s framework, as well as the Constitution of the Republic of Kosova, issued prior to Serbia’s new Constitution , were at the same time original acts of self-respect and self-affirmation , and acts of natural and justified opposition against Serbian possessiveness of Kosova , a possessiveness not only lacking ethnic grounds , but at the same time with graves ethnocratic characteristics(Gazmend Zajmi”Vepra I ”, special editions , XXVII, Book 9, Academy of Sciences and Arts of Kosova, the Department of Social Sciences , Prishtina, 1997). The European injustice towards AlbaniaKosova and Albanians have had a very furious past, but history does not seem to have on their favor. Not analyzing the reasons as they do not present the object of this discussion , although it belongs to the issue of Kosova and the Albanian question we draw your attention to the following;First , that Europe in most of the cases has threatened heavily the integrity of Albanians (a), or it has made efforts to erase from its maps (b), that can be proved by both the treaty of San Stefano and the Congress of Berlin (1878), then by the Conference of Great Powers in 1912, that present very significant historical examples, as more than half of the Albanian population was cut off from their national trunk, and from the earlier slavery were pushed into Serbian, Montenegrin and Macedonian slavery.Second, that the later events also witness the hard position of Albanians in European events; the hard material and national position of Albanians continued between the two world wars.Third, that the process of the genocide of Albanians started still earlier continued also in the Yugoslavia of Versailles , which not only deprived Albanians of their rights, but it did its utmost to change the demographic structure of the region of Albanians, exerting unprecedented pressure for the expatriation to Turkey , on which occasion the ethnic cleansing of 350.000 Albanians took place from their ethnic northwestern parts, without the right to return to their hearths and without any material compensation for their legal property.Fourth, that Albanians in the former Yugoslavia of after the war were discriminated harshly, except for a short period between 1974-1981 when they enjoyed the status of a political-territorial autonomy, that Serbia abolished by its constitutional amendments in 1989.Fifth, that Albanians have been discriminated to the present day in comparison to the other peoples in former Yugoslavia, which after its disintegration created their sovereign and independent states, and that right was contested only to the Albanians of Kosova , although they in legal and legitimate way, by referendum , declared themselves for it (1991), and in the similar way its contested the right to the Albanians of the FYR of Macedonia to be a state-formation nation, and the right of Albanians in Montenegro to have their special status and the right the Albanians in South Serbia to have a political-territorial autonomy with the right to conjoin Kosova; these in fact present the political determinations of Albanians in their land in the space of former Yugoslavia.By the disintegration of former Yugoslavia and by changing its political and geographic map , paths for the solution of the issue of Kosova and Albanian question in general were opened . It is a mere fact that Yugoslavia does not exist any more , and that is why Albanians do not have any reason more than the people of the Slavic trunk (Slovenians , Croats, Macedonians) to remain in an artificial state creature such as the self-called Federal Republic of Yugoslavia, consisting of Serbia and Montenegro. 16Kosova was annexed by Serbia without the will of the Albanian people Kosova was annexed by Serbia during the military administration circumstances . At the Assembly of Prizren (10 July, 1945); even thought it was supposed that through the delegates of the National Liberation Provincial Council of Kosova and Dukagjin “ the will of the people for secession from Serbia was expressed “, that will, as far as Albanians are concerned in particular, was not expressed. In fact, only the delegates were forced to approve such a decision , therefore it could not present the declaration at the political determination of the Albanian people. In reality , Kosova was annexed by force still in 1912, in 1918 and in 1945; although from early times it had its ethnic and historical identity, connected with the legitimacy of its liberation, whether from the Ottoman occupier (1912), or from the fascist occupier (1944), although it had its geographic , economic , demographic and cultural identity.As far as the annexation in 1945 of Kosova is concerned, historical sources show that an agreement was made earlier and then the decision were approved only formally at the so-called Assembly of Prizren, when it was decided that Kosova and Dukagjin should be “conjoined to Federal Serbia” . In fact, Dusan Mugosa and Mehmet Hoxha had expressed their opinion on this still at the meeting of the Antifascist National Liberation Council of Serbia in Belgrade (7-8 April, 1945). It is impression that on that occasion the main criteria for the election of delegates to the Assembly of Prizren were determined, that, a s it is known, was held in the period of the establishment of military power in Kosova(February-May, 1945). It is of interest from the constitutional aspect to point out that even though the decision on uniting Kosova with federal Serbia was made without the will of Albanians, as those who made the decision did not have the mandate for such a declaration, they supposed that the principle of self-determination was implemented in that way as well, since it was not prescribed as such.17The formulation that was made in the Resolution for Kosova to conjoin Serbia with the will of its population, despite its being false, in fact, it implies, though in the indirect way, that the issue of Kosova was treated even then as matter of self-determination of its population. At the Assembly of Prizren, not by accident, the Resolution of Bujan, which had quite a different geopolitical direction ’was passed over in silence’ . In this case one may draw the formal juridical conclusion that the Assembly of Prizren did not abrogate the Resolution of Bujan, but as Acad. Gazmend Zajmi points out, “ its derogation was made through another later solution of the state and political destiny of Kosova.”“The Resolution passed in 1945 on conjoining Kosova with Serbia through the Constitutional Declaration of 2 July 1990, passed by the Assembly of Kosova on the independence and equality of Kosova in the Yugoslav Federation-Confederation”18 , had the same destiny of derogation , again according to Gazmend Zajmi.Ruin of Kosova autonomy caused the constitutional crisis in former YugoslaviaAlthough announcement were made earlier, the destruction of the political-territorial autonomy of Kosova began by approving the amendments of the Constitution of Serbia (1989), by which Serbia, in fact, was the first one that violated the Constitution of former Yugoslavia of 1974. It was the first significant act of the constitutional crisis of Yugoslavia .19Serbia concentrated its destroyed attacks on three principal directions:First, the destruction of state power, of all forms of its manifestation (legislative; executive, administrative and juridical) and of two degrees of its construction(local power and provincial power), with intentions to make them Serbian.Second, the destruction of the economy, its most vital parts, with intentions of its alienation and plundering the property.Third, the destruction or social activities of those of special interest, such as health, education , science, culture and public information with intentions to divest them of their national being.20The complete destruction of the autonomy of Kosova was carried out by these non institutional measures and actions of Serbia:by establishing subordinating relations between the republican and provincial administrative bodies ;21by reducing the position and competences of the provincial executive council;22by taking the competencies from administration bodies , judicial bodies and self management ;23by suspension of governmental bodies of Kosova;24by suspension of bodies of local government;25by establishing unlimited power of managing organs, directors and other functionaries .26The abrogation of power in Kosova was done by unconstitutional waysThe essence of amendments to the constitution of Serbia was to change the constitutional relations between Serbia and autonomous provinces. It had to do, in fact , with a constitutional juridical-strategic solution that degraded the autonomy of Kosova(and Vojvodina) to its roots. The non-constitutional content of the amendments of the Constitution of Serbia threatened harshly the constitutional-juridical position of Kosova. By those amendments and other acts that followed became possible the abrogation of the power in Kosova. By banning the activity of the Assembly and the Executive Council of the Assembly of Kosova in unconstitutional ways, the legal and legitimate competencies of the organs of power in Kosova were abrogated and they were passed to the organs of Serbia.27By the Law on banning the activities of the Assembly and the Executive Council of the Assembly of Kosova, in fact, Kosova lost its being and autonomous social-political body and was deprived of legislative and executive power in unconstitutional ways. That laws was in fundamental confrontation both to the fundamental principles of the Constitution of former Yugoslavia of 1974 and to its normative part.The Law on banning the activity of the Assembly of Kosova and its Executive Council in a non-constitutional way ruined the determined order by the Constitution of former Yugoslavia, first of all:by the abrogation of legal governmental organs anticipated by the Constitution of Kosova and elected by the people and their legitimate representatives, andby making questionable the legitimate work and vote at the meeting of the Assembly of former Yugoslavia, due to the abrogation of the elected part of the members of Kosova at the Assembly of former Yugoslavia.Stopping the work of non-dismissed Assembly for an unlimited time, by force, by an unconstitutional law, as was the case of the Assembly of Kosova, presents in fact asigeneris juridical and factual political non senses that is not known in the history of constitution in the civilized world.The existence and functioning of the Assembly of Kosova was based mainly on its Constitution, determined and guaranteed also by the Constitution of former Yugoslavia. On this basis, the Assembly of Kosova and its functioning were structurally included in the institutional and functional mechanism of the federation of former Yugoslavia.On 18 March 1991, the Assembly of Serbia put a ban on the work of the Presidency of Kosova , although the Constitution of former Yugoslavia of 1974, art 147 recognized the presidencies of the republics and autonomous provinces as basic institutions of the political system.The law on banning the work of the Presidency of Kosova was another act in the series of unconstitutional acts of Serbia , by which the autonomous status of Kosova in the Federation of former Yugoslavia was denied. In fact, it was an ad of violence of a federal unit(Serbia) towards another federal unit(Kosova) that violated the equality of nationalities of federal units that had been determined and guaranteed by articles 2 and 4 of the Constitution of former Yugoslavia.By putting the ban on the work of the Presidency of Kosova and of the Assembly of Kosova (Riza Sapunxhiu) at the Presidency of former Yugoslavia , and elected another member from Kosova (Sejdo Bajramovic) at thee Presidency on 18 March 1991. We do not really know any other case in the constitutional history of the civilized world that as sate personality could be elected by secret voting Assembly and later the same person could be discharged by secret voting at another Assembly . Accordingly, it is not difficult to see not only the illegitimacy but also the paradox of the law on which basis we made the decision on the discharging the member from Kosova at the Presidency of former Yugoslavia.It is distressing that this unconstitutional situation in Kosova was not only kept silent but was also ignored by the competent bodies of the Federation: the Presidency of former Yugoslavia , the Assembly of former Yugoslavia , the Federal Executive Council and the Constitutional Court of former Yugoslavia , and the last body was authorized by the Constitution to react and make constitutional system, the Constitutional Court of former Yugoslavia, in fact, became the direct co-participant of the violation of the constitutional order in former Yugoslavia and of the deep constitutional crisis that had embrace whole Yugoslavia.The consequences of the republican bodies in Kosova on the basis of the law on the action of republican bodies under special circumstances were harsh and destroying for the economy , health , education , science , culture and public information in Kosova . In most actions in economical and social institutions the so called ‘temporary measures ‘ ( read: compulsory-imposed measures) were undertaken , and their management passed completely under Serbian and Montenegrin leadership. The law on vacancies under special circumstances was implemented only with Albanians . On the basis of this unconstitutional and discriminating act, more than 125,000 Albanian workers were dismissed from their jobs and in this way their material existence and their families has been seriously threatened .By application of this law, mostly suffered the economy, health , education, science, culture and public information. Great integrations were made forcefully in the economy of Kosova with great economic systems of Serbia in order to exploit the economic recourses (electroeconomy,etc).The health system was destroyed. The clinics were closed and instructions in Albanian became forbidden at the Medical School and later at the other faculties and schools of the University of Prishtina. The system of health insurance and social protection became disordered. The Albanian pupils and students were sent out of schools. Middle schools and the University were left without material financing. The work in finances of cultural and scientific institutions were cut off ,including here the Provincial Theatre, the Institute of History, Institute of Albanologic Studies and Academy of Sciences and Arts of Kosova. The work of Prishtina Radio and Television was banned. The single daily newspaper ”Rilindja” was forbidden to be published.28The Albanian workers were dismissed from their jobs by compulsory –imposed measuresThe thesis that Albanians left their jobs by themselves is not true. The reasons for massive expulsion of Albanians from their jobs mainly of political nature ,therefore illegal.Among the main reasons were those that “the Albanians workers did not support the amendments to the Constitution of Serbia ”in the public discussion that was organized in 1989;that “they sent telegrams to support the request of the miners of “Trepca “at Stari Terg; that “they took part at the one-day strike on 3 September 1990”; that they had dealt with trade union activities”; that “ they had refused cooperation with temporary bodies”; that “they had not accepted temporary measures “; that ”they had expressed their inconvenience for the expulsion of workers from their jobs’; that” they had been disloyal to the Serbian regime”; that “ they had used their Albanian oral and written language in their official letters”; that “ they had not implemented the teaching curricula of Serbia schools”,etc.29On the occasion of massive expulsion of the Albanian workers from their jobs many covenants of the International Labour Organization were violated, and in particular; the Covenant No.87 on trade union freedom and trade union protection; the Covenant No.98 on the right to organization and collective agreements;the Covenant no.105 on violent suspension of labour ;the Covenant No.111 on discrimination concerning labour and profession.30In the context of massive expulsion of Albanians from their jobs, it is of interest to see the paragraphs of the Covenant No.111 referring to discrimination concerning labour and profession. From the very use of the expression “discrimination”, as the Covenant No.111 contains, one can understand that on the occasion of unconstitutional expulsion of the Albanian workers from their jobs, it has to do with discrimination as far as labour and professions are concerned .31Analyzing this phenomenon so far unknown in the civilized world of massive expulsion of workers from their jobs, we can draw these conclusions;First, by the expulsion of the Albanian workers from their jobs manifold violations were committed, of international norms and internal norms. On the level of international law double forms of violations were observed; of the principles of fundamental documents on elementary liberties and human rights and of the covenants of the International Labour Organization, and on the internal legal level, three forms of violations were committed: of constitutional principles , of legal norms and autonomous regulations of economic enterprises and the institutions of social activities.Second , the expulsion of the Albanian workers from their jobs was committed mainly for political and illegal motives, therefore the justification in the decisions on their expulsions do not have valid arguments, as deviations were made on the conditions foreseen by the law on the expulsion of workers from their jobs.Third, the decision on the expulsion of the Albanian workers from their jobs were based on the laws and decisions that did not have strong constitutional basis.Fourth, the decisions on the social protection of self management rights and on the social property of economic enterprises and certain institutions of social activity were made by the Assembly of Serbia, that was not a body that could have the competence or authorization to undertake temporary measures to the juridical subjects in Kosova, that was an autonomous social-political society with its constitutional juridical rights and position determined and guaranteed by the Constitution then still in effect of the SFRY, of 1974.Fifth, since the laws, decisions and measures of the Assembly of Serbia were applied mainly to the participants of one nationality, so against Albanians, the decisions on the expulsion of the Albanians workers from their jobs that w ere based on them, were undoubtedly acts of national discrimination of Albanians, that are forbidden by both the fundamental documents on elementary liberties and human rights and the covenants of the International Organization of Labour and by the internal legislation of former Yugoslavia.Sixth, since by the application of laws , decisions and measures more than 250,000 Albanian workers were expelled from their jobs, who remained without any other source of existence, decisions on their expulsion from their jobs were acts of social discrimination that is forbidden by the fundamental documents of elementary liberties and human rights, by the covenants of the International Labour Organization and the inner legislation of former Yugoslavia.Seventh , the workers who were expelled from their jobs were not secured with any appropriate court protection, as instead of presenting their complaints to the adequate competent courts of Kosova, the competence of courts was transferred to Serbian courts which acted in accordance with political instructions and so refused the complains of the workers as baseless .Eighth, the application of temporary measures in economic enterprises and institutions of social activities in Kosova was not followed by positive effects. Despite the whole Serbian propaganda that the situation in economy and social activities was going for the better , the truth was different. The economic deficits have been multiplied, and disturbances have embraced almost all social activities.Ninth, although the temporary measures have a limit of time up to 12 months, they have continued top be applied from day to day and in that way the number of Albanian workers that have remained jobless is larger and larger.Tenth, the fate of Albanians workers expelled from their jobs due to political motives require more care by international trade union associations in particular , even though it is hard to separate the position of the Albanian workers from the position of Kosova and of Albanians in general, and from the global solution of their status.32With the example of massive expulsion of Albanian workers from their jobs, mainly due to their political convictions , are violated the covenants of the International Labour Organization, comprise a whole codex of labour, but also a series of other declarations and treaties.The Albanian question can not be reduced to this level of elementary liberties and human rightsAll the facts that were mentioned above can witness in an uncontested way the hard consequences and the implementation of Serbian juridical acts in Kosova , especially since its autonomy was ruined in a non- constitution way .33Those acts , even though without genocidal proportion , they contain its intentions and substantial elements,34 as the juridical acts of Serbian regime in the period between 1913 and 1915 were with genocidal character, 35 when crimes of genocide against Albanians were committed “ in the function of ethnic cleansing”36, in that period, if by genocide is understood the systematic destruction of an ethnic group or of a whole nation , by massive killings and exterminations of their inhabitants and by destroying their political, social, cultural and confessional institutions .Albanians scholars have approached to genocide and acts of genocide exerted by the Serbian regime on Albanians from the Eastern Crisis and hitherto , and this on the basis of Serbian sources of facts,37 at three parallel levels of observations that at the same time are interrelated among them. These are as it was said on the occasion of the opening of the Symposium , “genocide and Acts of Genocide Exerted upon Albanians by the Serbian regime from the Eastern Crisis and hitherto”38 the presence of the ideas of genocide in the mind flows of the Serbian regime but also of the circles outside it;the presence of genocide contents and intentions in state and juridical acts of a regime in its decision-making centers;the factual currents of genocide in acts of genocide.39The notion of genocide and of genocide now have received a broader meaning in both scientific literature and public works. The notions and themes have been developed that have become much more known to Kosova and Albanians .40Examples of Serbian ethnocide against Albanians schools have been noticed in Kosova as well, 41 the forms of the genocide of the Serbian regime on Albanians through the actions of search for weapons (1913-1933) 42. As a mater of fact, the military regimes in Kosova presented an organized form of genocide on Albanians, 43 as there were genocidal acts of UDB against the members of illegal organizations of Albanians in Kosova after 1945.44There were “manipulations in the field of demography in Kosova with intentions to reduce the demographic dimension of Albanians”45, “genocidal attacks of the Serbian regime upon Albanian national being in the field of education, science and culture”46 were organized, and there are still “penal political persecutions of the members of the Albanian people with genocide elements exerted by the Serbian regime” 47, and all these in the function of destruction and negation of the political and cultural subjectivity of Kosova. Finally genocidal intentions and contents are found in the program documents of the present Serbian regime for changing the ethnic structure and colonization of Kosova 48, and so on , and so forth. The juridical acts and other measures that were undertaken by the Serbian regime in Kosova intend to destroy the Albanian being; they intend to exterminate a considerable number of Albanians by killings for which official verifications are not obtained ,as well as they aspire to ruin down their political, social and cultural institutions.The truth of the question of Kosova was revealed especially after the destruction of its political and territorial autonomy, and in this way from the issue of elementary liberties and human rights ,it began to gain its deserved dimension as a question that goes beyond those borders and cannot stop only at that level. In Europe in general ,but in USA in particular, in the circumstances of disintegration of former Yugoslavia, other new political state realities came out onto surface as well. The issue of Kosova and the question of Albanians present a question of self-determination of the Albanian people.In general, the resolutions that occurred during the recent ten years on Kosova have advanced the problem of Kosova. However, it is known that resolutions as political and juridical acts have only a political declarative effect, but not juridical executive obligations.49Accordingly,it is required from the international decision-making centers and from the recently announced peace conferences to make a real approach to the problem of Kosova, as a geopolitical problem of importance not only for the Balkans but also outside it. The approach to the question of Kosova should take into consideration its historic and present political-administrative independence, with its dominant demographic structure of Albanians and the will declared in a plebiscite way by the Albanian people for sovereign and independent Kosova.50III.The Projection of the independence of Kosova Introductory notes The history of the political and territorial independence of Kosova is presented with an implication that intends to pass beyond the borders of a special occasion and so to obtain a more general value. The proof for this basic question, both in its breadth and depth, is of special importance as an a additional element of the history of Albanian question in the hands of foreign scholars has not a priori come across an objective and exact scientific treatment.A treatment of the independence of Kosova, as this intends to be, cannot be complete without the historical-political prism of the matters, on the one hand, since the question of the independence of Kosova, before its being a juridical-international question, it is a historical-political problem, as similar to the preoccupation of a movement born and developed in the Albanian national land, and finally, a problem of the future of a people that is found at an advanced phase of its political national awakening.Accordingly, the question of the independence of Kosova should be settled in the Balkan context, perhaps outside it too, in the European one, as it has been during centuries. Only in that manner one could witness incontestably the continuity of the independence and subjectivity of Kosova as well as the reasons and circumstances that conditioned that status in the past, that may be importance for its acceptable solutions at present and in the future.The initial component of this treatment is that Kosova, actually and historically, consists and consisted of a special political-territorial compactness. Even thought could be of special interest now to view the recent events political and juridical as it should support the viewpoint that the present Kosova was the central territory of the Illyrian province of Dardania still at the period of antique , and in 14th century this territory of Dardania was called Kosova, no matter that references are of later date.The independence of Kosova during history Kosova realized its incontestable independence in the period when it was constituted as a villayet (1868), in the frame of administrative organization of the Ottoman Empire in the Balkan peninsula . Actually , according to the law on villayets , the Villayet of Kosova was one of four Albanian villayets in the Balkans. What kind of state character and importance the villayet of Kosova had , in fact it was verified with its reduction by the decisions of the Congress of Berlin (1878).In the other historic period, in the Yugoslavia of Versailles, Kosova had a status of a special unit. Kosova had this status all the time until its territory was divided among three districts (banovinas): Banovina of Vardar, Banovina of Morava and Banovina of Zeta.It is important to point out in connection to the Independence of Kosova during the World War Two. The fact that Albanians were treated like a nation, they finished the work like a nation and as an organized unit seen from the political party, military and juridical view point , and as an integral part of the Antifascist front of the Balkans and further. Its is worth mentioning that during the war Kosova recognized and accepted politically and militarily only the connections with Yugoslavia and Albania and as a future state it cooperated with its neighboring regions equally.The independence of Kosova was expressed in the Constitution of RSFY in 1974. Its autonomy consisted of the autonomy of self-organization; its autonomy in the sphere of legislation ;its autonomy in the executive sphere; the autonomy in sphere of courts ; the autonomy in the sphere of social policy; the autonomy in the sphere of its international relations; the autonomy in the sphere of national defense and state and public security, etc.After the disintegration of former Yugoslavia, by what its political and geographic map was ruined , it was quite logical that every nation entity pretended to realize its statehood in history. On October 18, 1991, the Assembly of Kosova proclaimed the Resolution on the Republic of Kosova as an independent and sovereign state on the basis of former confirmation of the same resolution, by means of referendum. Albanians constitute clear ethnicity (the have the unit of population and territory), they are sufficiently numerous , they have sufficient density(compactness and homogeneity), they have their territory and a clear and expressed identity. Accordingly , Albanians have all the elements of a people and national characteristics.2. The right of the Albanian people to self-determinationWe observe the right of the Albanian population to self-determination both historically and actually, in the function of a solution of the Albanian question and we treat the Albanian question as a problem that Albanians present as a separated nation.In the constitutional theory and international law self determination as a principle, namely the right of a people to self-determination underlies the principle according to which peoples have the right to have their own state, so the right to self determination.Despite the clear definition of the right to self determination in the positive international law , first of all on the Chart of the UN, many states have reserved the right to self determination only for themselves , denying the right to other peoples and protecting in that way their colonial regions, and thus impeding the way of statehood and independence to the occupied peoples.The Albanian people of Kosova expressed their right to self-determination at the conference of Bujan (from 31 December;1943 to 1-2 January, 1944). The Resolution of the Conference of Bujan, in fact , was an act with constitutional power and international guarantee . Actually , the Resolution of Bujan presented the basic document of political self-determination of the Albanians of Kosova.Not considering the contest that was made to the part of the Resolution where it was said that “ Kosova and Dukagjin are a region which is inhabited by Albanians in the major part of it, and who as ever before, now want to conjoin Albania”, the content of this part of the Resolution presents a historical fact and more so a historical truth that cannot be thrown away or revoked, as the Yugoslav regime made its efforts to.Even though the Albanians of Kosova were promised in the party documents” an independent and united Albania”, after the Second world War they remained to live in former Yugoslavia , their political will not being regarded.By the end of the war, the matter was discussed which federal unit would the autonomous province conjoin. In March of 1944, Tito wrote, “ we can answer this question only like this; undoubtedly, Vojvodina and other provinces that want to have their broad autonomy, they will have, but the question of the autonomy and the matter which federal unit will respect provinces conjoin depends on the people themselves, on their representatives, when after the war the definitive arrangements will be decided on”. In fact, this was a call in communist Yugoslavia that was announced to win over Albanians , promising them to be able to enjoy their right to self determination. This right of Albanians was sanctioned in many party documents of the time, even of the basis of the agreement of the Central Committee of Yugoslav Communist Party and the Central Committee of Albanian communist Party, Kosova was not included in the decisions of AVNOY ( 1943), in order that it could determine itself. In this period , document was passed at the Conference of Bujan by which the Albanian people where recognized the right to secession , by uniting with Albania.From the political view point; it is important to point out that this right to Albanians was guaranteed at the time, by the two national liberation militaries of Yugoslavia and Albania, also by the Soviet Union, Great Britain and USA.Finally , the right of Albanian people to self-determination was expressed as their political determination , first by the Constitutional Declaration on 2 July, 1990 then by the Constitution of the Republic of Kosova on 7 September, 1991, and by the Resolution of the Republic of Kosova as a sovereign and independent state, on 18 October 1991. The question of the status of Albanians that is opened on the occasion of the discussions of these original documents that define the independence of Kosova, should not leave a side also the fact that recognition in International law is always an important act . but that its occurrence or birth is factual matter too.3. Albanians are a people, a nationNo matter whether someone consider Albanians a “national minority”, “nationality”, or “nation”, all of that does not seem to be essential for the right of a national community to express itself as a politically independent subject, so that on its territorial being in which it constitutes the majority of the population , it should have that right either in relation to the other national communities , or in relation to the overall space in which it stretches.The status of minority was imposed to Albanians by the Yugoslav state, that behaved as a Slavonic national state towards them to. Within the borders of Yugoslavia of 1918, the status of a nation was given to Macedonians and Slavic Muslims and Albanians were denied all the rights for the mere reason that they were cut off from their “mother state”, no matter that they in fact were living in their own ethnic land, where they comprised they comprised the majority of the population. The hindrance that was mentioned dealing with the fact that Albanians inKosova are part of the mother nation and due to it they cannot enjoy the status of a nation , did not have any strong historical or actual basis. In Switzerland , for example , this status is recognized to Germans, French and Italians equally , as parts of nations. As it is known, up to very recently there existed two German states , and now still exist Korean states. Apart from this the Chinese people of Taiwan constitute a part of the Chinese people and are found in another state outside of the National Republic of China with the status of a nation, and no one has ever put in question this status of theirs.Accordingly, the matter of the status of Albanians that was opened on the occasion of the discussion of the Constitutional Declaration of Kosova, was presented more of the political than constitutional and juridical nature.Consequently , in spite of varieties , the problem of the status of Albanians is not contesting either historically or actually , or territorially , or demographically , or politically . Albanians, wherever they live they are one people, therefore the negative viewpoints and tendencies to use different names for the Albanians in Albania and the Albanians outside its present borders, that are in fact a consequence of Serbian hegemony in order to separate a people into two parts through different terms should be thrown away. Finally , the same notion “people” mainly as a political –cultural one, does not belong to standardized juridical notions; it does neither present an institution, nor is a priori object of international law , although it may be said that it, in fact, may be present as an object , almost indirectly , usually during a liberation war against an alien regime, colonization, dependence, etc. By a people is usually expressed the feeling and conscience first of all the common past, common fate , common interests , and particularly common future.514. The autonomy of Kosova according to the constitution of former Yugoslavia of 1974According to the Constitution of former SFRY of 1974, Kosova had the following constitutional juridical position:4.1. Kosova was a constituting part of the Federation of former Yugoslavia(art.1 and 2 of the Constitution);4.2. Kosova had its territory and borders that could not be changed without – its consent(art.5);4.3. Kosova had its presidency as an organ that represented the former autonomous Province and exercised the right and obligation defined by the Constitution (art.147);4.4. Kosova had its rights and obligation of administration bodies similar to those of administration bodies of the former republics of Yugoslavia (art.150);4.5. Kosova as one of the eight federal units, took part in realization of interest in the federation: a) by equal participation of the republics and autonomous provinces in the federal bodies and on the determination and implementation of the federal policy ; b) on the basis of decisions or consents of the republics or autonomous provinces(art.244,par 2);4.6. The equality of nations and nationalities was determined by the constitution (art.245);4.7. The National Bank of Kosova was an institution of the unique monetary system that applied the common policy of emission that was defined by the Assembly of former Yugoslavia (art.260, par 1);4.8. Kosova cooperated with the republics in the sphere of tax policy ( art.265, par 1)4.9. Kosova took part in the realization of cooperation with institutions and organizations of other states and international organization within foreign policy defined by former Yugoslavia and international treaties, (art.171, par 2)4.10. Kosova together with the republics took part in the implementation of laws and other regulations and general acts of the Federation (art.273, par 1-2);4.11. Kosova was represented at the Republican and Provincial Chamber of former Yugoslavia (art.284, par.3);4.12. Kosova and its Assembly gave their consent on certain questions in the sphere of the activity of the Chamber of Republics and Provinces ( art.284, par.2 );4.13. Kosova was represented at the Federal Chamber of former Yugoslavia (art.291,par 3);4.14. Kosova , as well as former republics of Yugoslavia . had its right to propose laws and other acts in the sphere of the activity of the Chamber of Republcs and Provnces (art.298);4.15. Kosova was represented through its member at the Presidency of former Yugoslavia ( art.321);4.16. Kosova was represented in the Executive Council of former Yugoslavia (art.348, par 1)4.17. Kosova was represented at the Federal Court of former Yugoslavia (art.370 , par 2);4.18. Kosova was represented at the Constutional Court of former Yugoslavia ( art.381, par1);4.19. Kosova , its Assembly and the other provincial bodies had the right to initiate the procedure for evaluation of constitutionality and legality before the Constitutional Court of former Yugoslavia (art.387, par.2) and4.20. Kosova had its equal position with the other former republics on the matters of changes of the Constitutional of former Yugoslavia (art.398, art.399, and art.402, par.2).In connection to such a defined and guaranteed position of Kosova in the Constitution of former SFRY of 1974, we draw the attention to two important determinants of the autonomy of Kosova:First, Kosova similar to Serbia , had a constitutional position almost equal and independent on each other in functioning the federal state, that was witnessed by the constitutional solutions of former Yugoslavia of 1974;Second, if the constitution of former Yugoslavia of 1974 was a basic criteria for its creation and structure, logically and from the constitutional point of view , it ought to be the basic criterion of the disintegration of former Yugoslavia , with the right:to succession, and to self –determination From the constitutional elaboration of these two determinants of the independence of Kosova the logical central conclusion may be drawn , that cannot be ignored , and not even marginalized that Kosova was and therefore it should be recognized as one of the eight subjects of the disintegration of former Yugoslavia with the right to succession (a) and self-determination (b).That is why we think that the issue of Kosova cannot be solved by the re-establishment of the autonomy , no matter of its volume , but only by recognizing its sovereignty and independence , as a transit way that could lead towards the realization of century long aspirations of Albanians to their national unification.The independence of Albanians in their ethnic land would constitute the necessary element of the balance in the Balkans. In this sense, parallel with the development of new processes in the Balkans the question of the recognition of the Albanian people as a unique ethnic integrity could be discussed. The parceling of the Albanian land by neighboring states carries along the danger for complications that may lead to the level of European policy.5. Kosova was not part of SerbiaThe constitutional hybrid position of Kosova, as Acad. Gazmend Zajmi called it “ within the former Yugoslav Federation and its constitutive part and at the same time structured within Serbia”, in fact was “ intention of balance that was caused through conflict tendencies for a completely equal status of Kosova in the Federation, that would imply the independence of Kosova and its cessation from the constitutional structure of Serbia, and the tendencies to hold Kosova within the constitutional frames of Serbia to the most possible degree of unitarism that was defeated “ 52. Such a constitutional position Kosova opened a number of problems of juridical nature , since that position was in fact a paradox , not only formal juridical, but also political-constitutional one, that cannot be called otherwise but an unnatural consti-tutional-juridical logic , so an illogical thing from the political-juridical aspect , that cannot be protected , at least not to justify the being of Kosova “within the complex constitutional structure of the Republic of Serbia in the name of the common interest”53.Actually, such a constitutional structuring of the position of Kosova within the structure of the Republic of Serbia was not in conformity with the will of the Albanians majority of Kosova. Accordingly , Acad.Gazmend Zajmi is right to say that Kosova is a unit with its Constitutional and constitutive part of Federation, according to its Constitutional and the Constitution of the multinational Federation of Yugoslavia , was not part of Serbia , according to constitutional presumption of the will of Kosova itself.“On the contrary”, continues Acad.Gazmend Zajmi, “ we would have a paradoxical juridical situation: ”of the inclusion of Serbia in Serbia ‘ and of the inclusion of three Serbian with three votes in the Federation”, aid the other units would have one vote each.54The maintaining of Serbian science that “ Kosova was in the structure of Serbia”, cannot have any constitutional basis either from the defined position of Kosova by the constitutional amendments to the Constitution of former Yugoslavia in 1974 , when Kosova by that constitution and the status that it had as a constituent part of the Federation was on the similar position,although not equal, to the position of state-republics of the other federal units, that was witnessed above in our discussion.That Kosova was not part of Serbia is proved by historical-juridical facts, of which we emphasize the following ones on this occasion;First, Kosova was not in the structure of the sovereign and independent state of Serbia with its juridical subject internationally recognized at the Congress of Berlin(1878).Second, Kosova was not in the structure of Serbia at the Assembly of AVNOY (1943).Third, Kosova was not in the structure of Serbia during its constituting as a federal unit at the Antifascist National Liberation Council (1944).Fourth, Kosova was in the structure of Serbia at the Constituent Assembly of Yugoslavia on the occasion of the proclamation of the Federal National Republic of Yugoslavia (1945);Fifth, Kosova was not included in sovereign and independent Serbia, but in the structure of “Federal Serbia in the frame of federal Yugoslavia” (1945), on which case the juridical clause (rebus sic stantibus) with its logic imposes inescapably changes in the political life as well.6. Sovereignty and independence of Kosova is the determination of the Albanian people to live by their lawsThe essence of the aspiration for realization of sovereignty and independence of Kosova should not be seen and understood, and presented either mainly and primarily as a counter position to the repression of Serbian establishment on Albanians. The essence of aspiration for the sovereignty and independence of Kosova should be seen and understood, and so presented mainly and primarily as the determination of the majority people in Kosova to live by their own laws.Therefore, sovereignty to Kosova and Albanians presents a logical termination of a political-genetic people. Self-determination is the right of Albanians and through it they in fact become a real political factor and subject, not only in relation to themselves , but also in relation to the others. From the constitutional aspect it is undisputable that Albanians present a clear ethnicity by which is identified the Albanian population living in compactness in their territory , therefore it is both historical and political-genetic and logical that every people , therefore the Albanian people in Kosova as well, should aspire to sovereignty as its historical realization.The importance of political determination of the majority people in Kosova for a sovereign and independent state implies the realization of their legitimate right to live by their own laws and in their own territory. On this occasion it is important to emphasize that the Albanian people in Kosova have a place of their own , a territory of their own, politically real, so that this population anticipates to fulfill their needs, within a new state creature, sovereign and independent.The question of the Republic of Kosova cannot be impeded constitutionally with the aspects of borders, and this presents a facilitating factor in the process of realization of its sovereignty , since Kosova having been an integral part of the former Yugoslav Federation had its determined borders guaranteed by the Constitution of former Yugoslavia of 1974, and this fact cannot be underestimated and in any case ignored.The solution of the status of Kosova and its recognition depend on real truths and real arguments . There is no solution of the problem of Kosova and its status without the will of the population. Every other solution is only violence that may hold a tense and conflict situation for some time.7.The declaration of sovereignty and independence of Kosova was made in circumstances of disintegration of former YugoslaviaThe Albanians of Kosova declared themselves for their political future in the conditions and circumstances of disintegration of former Yugoslavia, in which do not coexist any more some peoples of the Slavic trunk themselves , such as Slovenians, Croats and Macedonians. In those conditions and circumstances , they organized a referendum on Kosova as a sovereign and independent state (1991).Kosova and Albanians were excluded from Yugoslavia still earlier . Actually , in talks on the new federal or confederate constitutional order in former Yugoslavia . Kosova and Albanians were not placed in either of those two models , although Kosova with the Constitution of former Yugoslavia of 1974, then still in effect , was a constituent part of the Federation.Independently on the fact that Kosova and Albanians were unconstitutionally excluded to declare of their future in the new federal or confederate order of former Yugoslavia, by the constitutional Declaration of 2 July 1990 and the Constitution of the Republic of Kosova of 7 September , 1990, they had declared themselves to be an independent and equal unit with the other republics in former Yugoslavia of AVNOY, or a federation constructed on the principles of its second session. Basing themselves on the right to self-determination , including the right to secession , the federal units of former Yugoslavia , then still together , in fact began to define themselves for another Yugoslavia different from that of AVNOY. In those talks Albanians were excluded as a state-forming nation in former Yugoslavia , and Kosova as a constituent part of federation . Still then, in discussing the new federal of confederate order of former Yugoslavia, the biggest question was: Will Yugoslavia exist any more?The destruction of Yugoslavia of AVNOY began in Serbia and was committed by Serbia, which although verbally was declared for a federal order, in fact it behaved in a confederate way.55It was a first one that violated the basic principles and the normative part of the Constitution of former Yugoslavia of 1974, by the constitutional amendments to its Constitution in 1989, by which a constitutional crisis was opened in former Yugoslavia with possibility to its further spreading, In the meantime , changes took place in two northern republics of former Yugoslavia. First Slovenia and then Croatia after they had made their internal constitution changes , use the right to re-declaration and became seceded from the Yugoslav trunk.This was done later by two other republics of former Yugoslavia, Bosnia and Herzegovina and Macedonia. In the conditions and circumstances of the destruction of the geographical and political map of Yugoslavia, Kosova and Albanians more than the other peoples , even of the very Slavic trunk, to protect the new artificial creature, the self called The Federal Republic of Yugoslavia, proclaimed by Serbia and Montenegro in 1992. An artificial part remained from former Yugoslavia that could hardly stand on its one. By the disintegration of the multinational Yugoslav Federation, Serbia and Montenegro intended , even without constitutional right , to go on with the continuation of former Yugoslavia.Naturally, one can argue on various factors that influenced the disintegration of former multinational federation which has started still earlier to obtain significant artificial elements. In those circumstances it was quite natural that Kosova and Albanians should construct their future.The objection that is made to the status of the Republic of Kosova its unjust and without real basis . Kosova and Albanians with their political determination in the condition and circumstances of the disintegration of former Yugoslavia aspire at least to wide off one of the two injustices in the multinational former Yugoslav federation towards the Albanian people in the Balkans, and the injustice according to Acad.Gazmend Zajmi is expressed at two historical levels; “ if the first level of injustice in the former multinational Yugoslav federation towards the Albanian nation was that their equal political –constitutional status was not excepted for the other half of them in the Balkans, that was found within the multinational federation.Therefore , another injustice at the external geo political level was aided to the first one on the internal geo political level” 56.In fact almost three millions Albanians in the multinational federation of former Yugoslavia , of whom around two millions in Kosova, almost half of the Albanian nation in the Balkans was from the demographic point of view among the largest peoples in former multinational Yugoslavia, after Serbs and Croats that at the same time would mean that they were larger in number than Macedonians or Slovenians and many times more than Montenegrins.Seen also from the political aspect , the solution of sovereign and independent Kosova presents at the present a “balanced solution of the time”, of great national interest , not only to the Albanian nation but also to the Serbian nation in the Balkans .8. The solution of sovereign and independent Kosova - one side of the solution of the Albanian question Still in the introductory observations we pointed out that the question of Kosova does not present the whole question of Albanians. Actually , the issue of Kosova presents only one of the components of the Albanian question as a whole. The Albanian question presents the matter of the fate and future of a people spread out in the whole space of the Balkans , the last aspiration of whose has been national unification, so the unification of the Albanian ethnic soles. The aspirations of the Albanian people can be summarized now in two main ones.First, complete liberation of half of the Albanian people, who are cut off from their national trunk and cut up in several states and ruled by aliens.Second, national unification of the Albanian people in their ethnic land in the space of the Balkans on the basis of the principle of self-determination.The issue of Kosova presents only one of its constituents , perhaps the most important one of the Albanian question as a whole. The position of Albanians in the other space of former Yugoslavia presents the other side of the Albanian question, i.e., in the FYR of Macedonia , in the Republic of Montenegro, and in South Serbia , in the communes of Presheva, Bujanoc and Medvegja.57That is why the Albanian question in general presents one of the most complex issue of the new political construction in the Balkans. Dealing with this , we think that the political crisis in the Balkans can be solved only if all the peoples receive their own share.The international decision-making centers are before great tests. There are signs of fear of war in the Balkans and it is possible that all the confronting parties make concession and accept temporary solutions. The solution of sovereign and independent Kosova is precisely a temporary solution towards the permanent solution of the Albanian question. The issue of Kosova is not only a constitutional question. It comes out on surface as a complex political issue as well. In the present circumstances, although the Balkans make efforts to keep its strategic position, as an element of the equilibrium of Great Powers, it continues to be led politically from abroad. We state this in order that the international decision – making centers should finally understand that , the Albanian in Kosova , in relation to other ethnic groups , present a question in itself . Therefore , Kosova is a question in itself that does not have any symmetry with others.Albanians in general, and those in Kosova in particular have experienced a great deal of tragedy, far away from the eyes of the world , both on the even and after the Congress of Berlin, when Serbia and Montenegro committed ethnic cleansing of around 350,000 Albanians from the northwest ethnic belt (the Sanjac of Nish of the Vilayet of Kosova and the regions of Albanians in Montenegro), as it was said above , without the right to return to their hearths and compensation for their legal property.We can conclude that the Albanian question cannot be solved only by the recognition of some acceptable status to Kosova and Albanians there, but it ought to be treated as the problem of Albanians as a people cut off into two halves .No united Europe can exist with separated Albanians!9. The independent Kosova presents a fact based on the norms of international law In the Final Act of Helsinki and Chart of Paris of the new Europe , a new message comes out that Europe that is engaged in construction of the Europe of peace and Europe does not allow changes of borders by force, but also it does not prevent their changes by agreements between the interested parties, reaffirming in this way the principle of peoples equality and their right to self-determination in accord with the Chart of the UN and other respective norms of International law.These documents do not exclude ; the right every people to live united in a state , that presents their natural right, and the right of any people to live united in a state, that presents his legitimate right. In this period, the independents of Albanians in their ethnic land on the basis of the right to self determination, both their national unification and later unification of their land – presents a necessary factor of the equilibrium in the Balkans. The process of creation of national states in the Balkans has not yet come to the end. Albanians present the typical example of this. Half of them and of their territories have remained with their unsolved status .The international decision – making centers have confirmed all the more that the request of Albanians that the solution of their political status should be solved peacefully are justified. If they are understood and interests for the protection of peace in this region exist, the international decision making centers ought to approach to the solution of the Albanian question with greater seriousness and in a transitional and right way and for its complete solution they should recognize the created political realities in this region (Kosova under international administration).Instead of conclusionAlbanians request and expect an acceptable solution of their status. Thus, they do not request and expect the international decision-making centers to express their inconvenience for the situation in which Albanians are now, but they request and expect their recognition of the right to self-determination, as the right is determined and guaranteed by international documents.The question of Albanians ought to have its appropriate treatment by the international decision- making centers. It cannot and should not become minimized and not alone completely ignored. The Albanian national question is of Balkan and European proportions and as such it requires adequate treatment, full historical and political responsibility; its treatment requires full conscience.Although, the international decision –making centers could approach to problems of the crisis in former Yugoslavia from the political aspect, they should finally discuss and come to decisions by means of the analysis of facts. The truth is possible to seek and find only by scientific arguments. That is why the international decision-making centers should base their decisions not on the (Serbian)exhausted political rhetoric, but on the abundant scientific argumentation, both historical and constitutional.The international decision- making centers ought to pursuit parallel to the time and reality that surround tem in order to hold their right attitude towards them. The independence of Kosova and the right to self-determination to Albanians in their ethnic land in former Yugoslavia is precisely supported by the national and demographic reality of the existence of two million Albanian population in Kosova and of a considerable percentage of their ethnic land in the space of former Yugoslavia.(around 800.000 in the FYR of Macedonia, around 100.000 in South Serbia and around 50.000 in Montenegro). Accordingly, different political and juridical criteria for the national questions cannot be acceptable and not of long duration. We are asking this, as it may happen that the right to self-determination be recognized to 1-1.2 million Serbs, 2.5 million Bosnian Muslims and 600.000-700.000 Croats in Bosnia-Herzegovina, and it could be denied to almost half of the Albanian nation.58The international decision-making centers should finally realize the consequences coming out of the partition of the Albanian question.59 There is no doubt that the issue of Kosova presents the most important constituent of the Albanian question. However they should deal with the fate of the Albanians in the other ethnic regions of theirs, that have unjustly become alien and in this way 29.000 km2 with 1.2 million Albanians were cut off from the Albanian ethnic trunk; and the independent Albania remained then with 28.000 km2 and around 750.000 inhabitants.The international decision-making centers should for the sake of the truth, find out the facts on the Albanian question in direct communication with Albanians themselves. Albanians have never before had more than today people of knowledge, specialists in different fields of various sciences, and so they ought to consult the Albanian intelligentsia. Appendix: NotesAcad. Ali Hadri , Shtrembërime historike, Dëshmi, (Historical Deviations, Witnesses), “Ora’, Prishtina no.7/1991,p.60.Acad. Ali Hadri, Argumente për autoktoninë, Dëshmi, (Arguments for Autonomy ,Witnesses), “Ora”, Prishtina, no.5,p,61.Acad. Ali Hadri, ibid.: ‘ These relations were found not only in lexical material, but also in the fields of morphology and phonetics”.“such as musical forms, clothing , religious symbolization, etc.” ibid,p.62.“ Ilirët dhe prejardhja e tyre”, (Illyrians and Their Origin), “Përparimi”, Prishtina, no.6/1955, pp.332-333; Alexander Stipcevic, The Question of Illyrian-Albanian Continuity and its Topicality Today, “Kosova”, Historical Political Review, no.4, Tirana, 1944; “Ilirët dhe Iliria tek autorët antikë ”, ( Illyrinas and Illyria at Antique Authors ), Prishtina, 1979; Zef Mirdita “ Studimet Dardane” ( Studies on Dardanians), Prishtina, 1979.Edition of “ Serbian Literary Cooperative”, 1981Arsh-Senkevic-Smirnova, Histori e shkurtë e Shqipnisë ( A Short History of Albania)” Rilindja”, Prishtina, 1967.Acad. Ali Hadri, ibid.,p.62.“Ancient Languages of Balkans”, The Hague – Paris, Mouton , 1976, P.I., pp.184-185.Dr.Mark Krasniqi, Kokëfortësia e argumenteve ( Obstinacy of arguments), feuilleton , “Ora”, Prishtina, no.5/1991,p.66.The migration of population indicate the relations between the natural and social and historical factors that conditioned migration movements in Kosova in different periods of time.Dr.Mark Krasniqi, Qëllimet e qarta të reformës agrare ( Clear Purposes of Agrarian Reforms), feuilleton, “Ora”, Prishtina, no.6/1991,p.64.Ibid., p.64.The Albanian question is not being discussed today only. It has been discussed since the national movement has existed , before the Albanian National Resistance. The Albanian question then was discussed with its basic intention to create an Albanian independent state in its ethnic land, and now the Albanian question could be discussed with the basic intention to unite the Albanian separated nation. The Albanian question could be discussed, therefore, as a real Albanian problem as a separated nation. We recommend the following to be consulted : Arben Puto, Pavarsia shqiptare dhe diplomacia e Fuqive të Mëdha, 1912-1914 ( Albanian independence and the Diplomacy of Great Powers, 1912-194), Publishing House “ 8 Nëntori”, Tirana, 1978. Rexhep Qosja, Çështja shqiptare, historia e politika ( The Albanian Question, History and Politics), Prishtina, 1994.The Universal Declaration of Human Rights,Temeljni moderne demokratije,Izbor Deklaracija i Povelja o ljudskim pravima(Bases of New Democracy,Selection of Declarations and Charts on Human Rights),(1215-1989), IRO”Nova Knjiga”,Belgrade,1989;Akti Final i Helsinkit(Final Act,Helsinki),1975;Karta e Parisit për një Evropë të Re ( Chart of Paris on a New Europe), (1990); Q.Dinh, Droit International, Paris, 1986; A.Puto, E drejta ndërkombëtare Publike ( International Public Law) handbook I, Tirana, 1985.Proclaimed in 1992.Actually, at the Assembly of Prizren ( 10 July, 1945), although it was supposed that,” the will of the people for uniting with Serbia” was expressed through the delegates of the Provincial National-Liberation Council of Kosova and Dukagjini, that will in fact was imposed only to the delegates that approved such a decision , therefore, that decision did not present the declaration of political determination of the Albanian people.Gazmend Zajmi, Rrjedhat e konfliktësisë shqiptaro-serbe n. rrafshin kushtetues të ish Federatës multinacionale të Jugoslavisë ( Albanian-Serbian Conflicts at the Constitutional Level of the Former Yugoslav Multinational Federation), “ Bujku”, Prishtina, 13,14 and 15 March 1995; see also: Kosovo The Conflict Between Serbs and Albanians and the Role of the International Community, Brussels , 1995.On the constitutional crisis in former Yugoslavia, in length : Prof.dr.Esat Stavileci, Kosova dhe shqiptarët ndërmjet kërcënimeve të brenshme dhe premtimeve të jashtëme ( Kosova and Albanians between Internal Threats and Foreign Promises), The independent Association of Lawyers of Kosova, Prishtina, 1991; Lydall Hharold, Yugoslavia in Crisis, Oxford Press, 1989; Ranet Pedro, Nationalism and federalism in Yugoslavia, 1963-1983. Domington Indiana University Press, 1984.In details ibid.The Law on Changes and Supplements to the Law of State Administration , Official register of SR Serbia”, no.24/1990.The Law on Changes and Supplements of the Law of Executive Council of the Assembly of SR Serbia “ Official Register of SR Serbia”, no. 26/1990.The Law on the Action of Republican Bodies in Special Circumstances, “ Official Register of SR Serbia”, no.30/1990The Law on Suspension of the Assembly of SAP Kosova and the Executive Council of SAP Kosova, “ Official Register of SR Serbia”,no.33/1990.The Decision on Application of Special Circumstances in SAP Kosova, “ Official Register of SR Serbia 33/1990.The Law on Labour Relations in Special Circumstances in SAP Kosova, “ Official Register of SR Serbia”, no. 40/1990.Prof .dr. Esat Stavileci, ibid.; Prof.dr. Esat Stavileci, Kosova and Albanians, Between negation and independence, The Independent Association of Lawers of Kosova, Prishtina, 1995Prof.dr.Esat Stavileci, ibid.Dr.Esat Stavileci, Largimi nga puna i punëtorëve shqiptarë, akt i diskriminimit nacional e social ( Dismissal of Albanian Workers a Discriminating National and Social Act), The Independent Association of Lawyers of Kosova, Prishtina, 1991.ibid.ibid.ibid.The Council for Human rights and Liberties of Kosova, resided in Prishtina, everyday, week, month and year reports on measures and actions of the Serbian regime in Kosova in the field of violation of elementary liberties and human rights. See also: Amnesty International, Yugoslavia: Police Violence in Kosovo Province-the Victims, London, September, 1994; Helsinki Committee for Human Rights in Serbia, Kosovo Report, Belgrade, 15.12.1994; CDHRF Human Rights Violations in Kosova, January-July 1994, Prishtina; Mazowietski , Report 10.12.1993, no.166; Report 17.11.1993, no.188; Report 21.02.1994, no.140.Esat Stavileci, Aktet juridike diskriminuese dhe gjenocidale të pushtetit serb në Kosovë ( Juridical Discriminating and Genocid Acts of Serbian Regime in Kosova), Symposium held in Prishtina, 20-21 January 1994, The Academy of Sciences of Arts of Kosova, Prishtina, 1995: See: Zejnulla Gruda, Nocioni i gjenocidit sipas dokumenteve ndërkombëtare ( The Notion of Genocide according to International Documents), ibid.Fatmir Sejdiu, ibid.Limon Rushiti, ibid.The Introductory Word of Acad. Gazmend Zajmi at Symposium title “ Genocide and Acts of Genocide of Serbian Regime on Albanians since the Eastern Crisis Hitherto , with Special Observation on Serbian sources of Data), The Academy of Sciences and Arts of Kosova, Prishtina, 1995.ibid.ibid.ibid,p.15: cultural genocide, economic genocide, social genocide, demographic genocide.Abdullah Vokrri, ibid.Jusuf Bajraktari, ibid.Daut Bislimi, ibid.Sabile Basha, ibid.Hivzi Islami, ibid.Ymer Jaka, ibid.Ismet Salihu, ibid.Rifat Blaku, ibid .Mr.Blerim Reka, Kosova në dokumentet e Kongresit Amerikan, 1986-1995 , (The Problem of Kosova in the Documents of the US Congress, 1986-1995), “ Rilindja” , Prishtina, 1995.The Declaration on Kosova a sovereign independent state was accomplished by referendum ( see: The Resolution on State Sovereignty and Independence of Kosova, 18 October 1991).Where ever Albanians are now settled , they constitute in a natural way the element of the people, i.e. , of a nation. The present a unique collective structure historically established and formed . Gazmend Zajmi, ibid.Gazmend Zajmi, ibid.Acad. Gazmend Zajmi , Çështja shqiptare dhe federalizmi ( The Albanian Question and Federalism), “ Zëri”, Prishtina, 5 November 1994.The confederative attitude of Serbia can be summarized in ten imported conclusions:Serbia with its amendments and Constitution ( 1989), change the constitutional juridical status of Kosova and Vojvodina and destroyed completely their autonomy defined and guaranteed by the Constitution of former Yugoslavia of 1974.Serbia passed its new Constitution (1990) in great confrontation to the federal Constitution by both its basic principles and normative part.Serbia opened the customs front to Slovenia and Croatia.Serbia proclaimed the existing republican borders as administrative ones.Serbia brought the monetary system of the country to destruction .Serbia blocked the activity of the presidency of SFRY, banning the election of its president according to a defined order in advance by the Regulation on the work of the Presidency.Serbia, by banning the work of the Assembly and Executive Council of Kosova, ruined the legal power of Kosova, brought about the question of legality of work and decisions of the Assembly of former Yugoslavia.Serbia made its direct engagement fro exclusion of Kosova and Albanians from the structure of former Yugoslavia.Serbia made its direct engagement in discharging the legal representative of Kosova in the Presidency of former Yugoslavia and electing another member at that presidency in an illegitimate way. 10) Serbia by temporary laws and measures that it took in Kosova, deprived Albanians of their elementary liberties and human rights. Acad. Gazmend Zajmi, Çështja shqiptare dhe federalizmi ( The Albanian question and federalism), : “ Zeri”, Prishtina, 5 November 1994See the initiative for realization of an autonomy of Albanians.Political and national self-determination is considered by Albanians as the sole full solution of the Albanian question. It presents their legitimate and historical and ethnic right to national sovereignty and independence . In the corpus of International laws self-determination is perhaps among those principles that has opened more debates concerning the fact whose is the right to self-determination, and when self-determination can be accomplished. According to the Covenant on civilian and political rights of 1976, “ All the peoples have the right to self-determination .” On the basis of this right, they can “ decide on their political status freely and follow their economic, social and cultural development”. See on this: Ana Lalaj, E drejta e vetvendosjes, e drejtë natyrore ( The Right to Self-determination, a Natural Right), International Symposium, “ Going to the West” organized by the European Union, Tirana, 20-21 October 1995, “ Bujku” Prishtina, 17 November 1995. They sound quite artificial and remain only verbal engagements for a united Europe with separated peoples.It is true the right and full solution of the Albanian question at it is said in the Memorandum of Albanian Intellectuals of Kosova , “ require the displacement of the state borders” . However borders are not really, as they used to be in the past, immovable . Witnesses indicate that the international borders of former Yugoslavia have become borders of the new states , that the Berlin wall, that divided the German people ruined , that from the former Soviet Union 15 states have been created, that Check and Slovakia were separated, that Bosnia and Herzegovina with internationally recognized subjectivity is being divided ethnically and territorially into two entities. Therefore, the borders separating Albanians remain colonial borders. Their aspiration were that they should remain for their national re-unification ( “ Since Kosova has a compact territory and Albanians there constitute around 90% of population, it would be much more normal that this territory were independent as well, with the possibility to conjoin Albania, if the two countries with it”), Paul Garde , Vie et mort de la Yougoslavie , Librairie Artheme, Fayard , Paris, 1992).