Koha Digest 72 (1995)

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    The weekly Koha (The T imes) was published in Prishtina (Kosovo) between 1994 and 1997. E dited by VetonSurroi, a young Kosovar journalist and one of the pioneers of democratisation in former Y ugoslavia, Koha

    soon became a symbol of quality among the region's media. In 1997 it started to be published daily under the

    name of Koha Ditor. With the kind permission of Mr. Surroi, Koha digests were originally posted on

    http://koha.estudiosbalcanicos.org.

    - 1 -

    Koha Digest # 72

    EDITORIAL

    THE TRAIN OF THE RELIGIOUS CALENDAR

    by VETON SURROI

    Both say they used to work in a bank and that several years ago they were declared, as many

    others in Jagodina, technological overplus. They sit on top of a bag full of Korean false

    training suits, silk blouses "which one can quite fine wear with pants or skirts", ten new

    "chic" hair-ribbons, and two packs of "Pamper's" baby diapers. This is what they have

    declared to the customs officer when crossing the Hungarian-Serb (Hungarian-Vojvodinian?)

    border. Who knows what else remained undeclared in the bags they were sitting on, in the lastwagon attached to the wagon-lite of "Balkan Express", the filthy train circulating with the

    same intensity from Munich to Istanbul, as in times when the Turkish gastarbeiters carried the

    first black&white TV sets.

    "My husband was also sacked, and there is nothing else for me but cross the border as many

    times as possible and bring in goods", says one of them. Once the border is crossed, the

    number of those claiming that they had gone from Serbia to Hungary to buy things, to

    smuggle them in and hence sustain their families, increases. The train to Budapest suddenly

    becomes the train of purchasing social peace. And his ordinary soldiers are conscious of this:

    "We will show that guy, Milosevic. As soon as we catch him", a furious female voice isheard.

    Why is it? Because "no one may beat the people", "we can't work, but we sure can fight", "all

    Serbs should live in one state", "we don't fear anyone, NATO nor the world", "Serbia will

    have a 10 thousand dollars income per inhabitant", "Ksova is the heart of Serbia", "Krajina is

    the heart of Serbia", "Bosnian Serbs are the Heart of Serbia", "200 thousand refugees from

    Krajina arrived to the heart of Serbia and if fighting around Banja Luka continues, the number

    could be much bigger"... Because of all the words said so far by the leaders and which,

    weighed on the crossing the border balance, weigh less than the goods bought in Budapest's

    market.

    The two ladies rest in the silence of the coupe. There are no more customs officers and only

    the arrival of a policeman who would ask "have you bought anything for a two years old

    child", could be expected to thus collect the tax on the spot. They know where they will take

    the goods. Market days from Sumadija up to the Serbian side of Morava are marked in the

    religious calendar. They will see what God has foreseen for them, in what village will they be

    next week. As for the people they belong to, the religious calendar is almost the only secure

    thing that can foresee the next and all the other coming weeks.

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    KOSOVA

    STILL OPTIMISTIC

    by BATON HAXHIU / Prishtina

    Autonomy, a magic word constantly repeated in ordinary talks in

    Kosova these days. Where does this solution, which was never part

    of the options of the Kosovan political parties, come from?

    Albanians, enthusiastic about the many visits of outstanding diplomats

    and ordinary people who visited Kosova several years in a row,

    forgot that the problem of Kosova must be their own burden. The

    conviction was that everything was placed in the hands of the foreign

    diplomats. Finally seeing that the attitude towards this problem was

    getting other dimensions than the ones imagined, the diplomatic

    circles started framing Kosova and its problem within the internal planof the future Yugoslav state. For a long time, these statements were

    not paid any attention to in Kosova, and optimistic statements would

    be revealed without any political concept or pragmatism.

    The first break happened at the London Conference and after

    Carrington's Plan. Even though that plan seemed to be much more

    favorable than any others presented so far, because it was limited with

    Knin's precedent which has now been destroyed. A stiff atmosphere

    was created afterwards, and the whole national plan was restricted to

    individuals and the expectations that everything would be solvedaccording to the promises that derived from the optimistic statements.

    The sentences "our peaceful policy is supported" was since then

    interpreted by some political circles as a support for the independence

    of Kosova. The political rhetoric "everything will be fine", as well as

    the "whatever God has foreseen" philosophy, dominated. Not even the

    statements at the American Congress didn't upset the Albanians and

    their political structure, even in cases when it was nakedly said that

    "The International Community is largely opposing independent

    Kosova. The majority of the states are concerned that the secession

    of Kosova from Serbia can not be applied pacifically...".

    Even though they knew, because they had heard it so many times,

    people started believing in the three theories which had circulated in

    the branches and sub-branches of the parties in Kosova, that "Kosova

    had the absolute support of the West"; "The solution to Kosova's

    problem is closed in Ibrahim Rugova's envelope (!)" and "All

    intellectual heads of Kosova are gathered around the LDK and

    Ibrahim Rugova".

    A diplomat, speaking of these three theses, explained the phenomenonin this way: it is true that Kosova and Rugova have the support of the

    West, but only for the peaceful policy; claiming that Rugova holds the

    solution to Kosova's problem in his pocket is also true, but that

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    solution is autonomy - as far as it concerns the foreign diplomatic and

    political circles. In regard to the third thesis, I can't say whether the

    best intellectuals are gathered around him, but I have spoken to other

    intellectuals outside his circle, and I ascertain that they have a higher

    intellectual and diplomatic level than the ones I have met at Mr.Rugova's (sic).

    The second break occurred when many intellectuals who visited

    Kosova later, found themselves with three or more options, which

    according to them, was more a result of the static application of the

    international terminology and nit a result of a real political and

    diplomatic analysis. Having in mind these difficulties, the Albanian

    side presented "softened" requests about the political status of

    Kosova, e.g. "Kosova, independent and neutral state under

    international civil trusteeship". All these titles would be envied by any

    state which has sovereignty and independence, they would say. Forarguments sake, we will quote statements delivered at the American

    Congress, which usually served as grounds for our politics. In regard

    to the trusteeship, the statement was the following: "We have large

    reserves towards the practicality of such option. Serbia's consent

    would be necessary for any application of this idea. This, can't be

    imposed. The US government will continue raising Kosova's issue

    and the need for the restoration of the autonomy".

    And, for this reason, one could hear foreign diplomats visiting

    Kosova ask: "if great powers would recognize Kosova'sindependence, then could Kosova manage to safeguard it without

    war?". And then further on, an ascertainment: "But, if the great

    powers would consider that recognizing sovereign Kosova would

    mean expanding war, which would siginify its conversion into a

    Balkans war, then the priority would be not to recognize Kosova as

    an independent state, regardless of whether it deserves is or not".

    Diplomats would add, "there is no war here". There were even cases

    in which high ranked officials would ask our officials: "We listened

    to your problems and requests, but tell us, how can we help your

    independence?"

    All of these ended with the dilemma whether we were capable of

    elaborating a national policy to accomplish what was promised to the

    people in Kosova during the 1992 free elections. Once again it should

    be reminded that the promises were the constitution of statal

    institutions and a serious organization of our policy and institutions.

    And now, there is more talk than ever that we have created fictitious

    institutions just to forget the problem asphyxiating us all over.

    The third break came with the elaboration of the Vance-Owen Plan

    which forgot Kosova, treating it determinately as a territory in which

    the sovereignty of Serbia ought to be established. Everyone wasawaiting for the issue of Krajina to be solved, and it would have set

    a precedent for Kosova. And so, some isolated voices were heard,

    e.g. Azem Vllasi's, saying "the establishment autonomy is possible,

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    as a provisional phase towards statehood". This statement was

    criticized also because, apart from the optimistic verbal statements of

    some politicians, nothing new was happening in Kosova.

    The fourth break came with Sali Berisha's visit to the USA. Manyfinally got it clear, that whatever was said so far, is nil. Sali Berisha

    declared, not hesitating at all: "There were promises about the

    reinstallment of the democratic space in Kosova". This was the

    message and agreement of the Albanian President. Full stop!

    Immediately afterwards, LDK's vice-chairman Hydajet Hyseni comes

    out and in the name of the people declares: "Rugova will sign for the

    Republic and never for an Autonomy", while the other vice-chairman,

    Fehmi Agani, declares to VOA: "America's Plan to recognize the

    Serbian statal entity in Bosnia with possibilities for confederacy links

    with Serbia opens paths for Kosova and similar solutions". What

    should we do, and who should we listen to? This ascertainment onlyproves the fact that our whole policy is based on expectations and

    profiting on the results of the conflict between the other parts in

    conflict. But doesn't this ascertainment have a counter-argument?

    What if Bosnian Serbs don't accept these confederacy links?

    Finally, all these parallels end with Holbrooke's and Bidlt's plan, who

    didn't include Kosova in the global solution, at all.

    In continuation to all of this, the list of accounts in completed with

    Kinkel's statement about the redefinition of the former Yugoslav

    space, that "Serbia is requested to have a just posture towards theminorities, especially in Kosova". This ascertainment is followed with

    a statement of Senator Dole, referring to American assistance for

    Kosova and the Former Yugoslavia, when he said: "The Clinton

    Administration Plan doesn't include Kosova's issue. This is wrong".

    The same day, President Rugova declared: "I am optimistic, more

    than ever"!

    MACEDONIA

    ALBANIANS AS AN EQUAL COMMUNITY TO THE MACEDONIANS

    PPDSH, a party seated in Tetova presented its draft-project,

    elaborated by the professional team for the revision of the

    Constitution of Macedonia and its adoption according to the political

    and historic reality of the people which live in this Republic. The

    professional team of this party, in cooperation with the Independent

    Jurists' Association of Kosova presented it's draft Law on Official

    Use of Languages and Scripts in the Republic of Macedonia, as well

    as a text referring to Amendments I-VII to the Constitution of theRepublic of Macedonia. This project was presented by PPDSH as a

    request of Albanians within the framework of the ICFY, which will

    probably also discuss the problems in FYROM. According to this

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    project, Albanians ought to be constituents of this Republic and,

    according to the team, this request is grounded on the principled,

    historic and actual argument...

    I. INTRODUCTORY REMARKS

    Starting from the fact that this is a historical time, in which states

    disintegrate and new states are created, when elementary rights are

    gained and lost, when relations of equality, domination or

    subordination are determined, and when the new system of values is

    indubitably defined, we believe that the deductive method should be

    applied in these conversations, the definition of the premises which

    will subsequently determine the conclusion.

    The use of the inductive method, in this historic period, will be

    productive, it will create confusion, it will allow the elimination of anindefinite list of consequences, but the cause will not be touched, but

    it will constantly remain the generator of crisis.

    States are usually established in war, in which the winner imposes its

    will for political, national, economic, cultural, etc. domination, with

    the elaboration of a constitution which guarantees this, with an

    agreement between the groups of interest and a trusteeship when

    plausible standards for both the internal and external factors are

    imposed from outside.

    ICFY offers the possibility to solve old conflicts and actual interests,

    internal and external, through an agreement, by respecting the

    standards which imply the idea to respect the individual and collective

    rights, to eliminate the possibilities of systematic domination of a

    humans over humans, a community over a community.

    After the destruction of the agreement which created the former

    SFRY, the phenomenon of the domination of a group which is defined

    as a people, religion or culture, over another group declared an

    antipode which should be destroyed, appeared.

    The elimination is done by war, ethnic cleansing, the delegalization

    which creates the phenomenon of marginalization up to the creation

    of the system of apartheid as the one existing in Kosova.

    ICFY should prevent the creation of societal formations which install

    the will of domination of one community over the other, and impose

    the standardization which guarantees equality, competition and

    diversity of values.

    II. MACEDONIA

    Despite how much the Macedonian-Albanian negotiations with the

    mediation of the ICFY are described with the actual political

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    dimension, and that of security, nevertheless the scientific and historic

    dimension can't be neglected, for the sake of a long term solution.

    Before an issue turns into a juridical one, it is a historical issue,

    which contains that decisive intention, converted into strong nationaland cultural conscience, i.e. the will to be different.

    In Macedonia, which is today defined as FYROM, two large national

    ethnic communities live one aside the other, as they have been doing

    for hundreds of years, of special characteristics which eliminate any

    chances for assimilation: the Albanian, autochthonous, descendant of

    Illyrians, and the Slavic, identified with the Macedonian name.

    Both communities have their national and political history, cultural

    and religious heritage, similar aspirations to belong to a national trunk

    or to create a new trunk.

    There have never been larger conflict between these two communities,

    but in cases when the Slavic interest and its civil code was intended

    to be applied in these areas.

    In situations of external crises, starting from the Turk invasion, the

    mythic Battle of Kosova and up to World War II, the Slavic

    Community, Serb or Macedonian, sent signals for a joint war and in

    the name of common interests and coexistence.

    Albanians almost regularly supported this call, since the Battle of

    Kosova and up to the Republic of Krusevo and the anti-Fascist war.

    The Kosovan-Macedonian Brigade fought in Macedonia, as well as

    many partisan units from Albania which liberated the towns in

    Macedonia, Kosova and Sandzak holding the Albanian flag. The

    disputes between the Slavic community, Serbs and Macedonians, and

    Albanians occurred when the fruits of the joint victory had to be split.

    Albanians, mainly because they lacked a protector, a strong ally,

    despite the ethnic, geographic compactness, economic and cultural

    autonomy, etc., didn't achieve their historical aspirations, but were

    forced, be it by force or attractive offers, to coexist with the Slavs.

    At the beginning, when the offers and agreements were still fresh,

    Albanians had principled rights, which they lost gradually. With the

    1946 Constitution, they were defined as a people, in 1974 as a

    "nationality", meanwhile the 1989 amendments defined them as a

    "minority".

    In the 1974 Constitution of the SR of Macedonia, in the preamble,

    Macedonia was defined as a national state of the Macedonian people

    and the Albanian nationality, while the "democratic" Constitution ofNovember 17, 1991, ending this reductionist tendency, defines

    Macedonia as a national state of Macedonians guaranteeing civil rights

    to Albanians, as in any other part of the world.

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    This was done in the name of the historic, cultural and spiritual

    heritage of the Macedonian people and thus oppress through

    repression the parallel heritage of the Albanian people.

    Article 7 of this Constitution declares the Macedonian language and

    the cyrillic alphabet as official and hence creates concrete obstaclesfor the development of the specifics of the Albanians.

    Articles 177, 178, 179, 180, 181, 182, 183 of the Constitution of the

    Republic of Macedonia adopted in 1974, had directly and broadly

    regulated the equal rights of Albanians in the area of language,

    proportional representation in the executive and legislative powers,

    education, the use of national symbols, etc.

    The 1991 Constitution not only doesn't respect the rights inherited

    from the previous system, but contains no airs of democratic values

    which should affirm the right to cultivate the diversities, plural

    interests, in the political, national, economic, cultural, religiousspheres, which automatically means decentralization.

    Thus, always considering that this is a historical moment, times of

    principles and not procedures, time of historical agreements,

    unrepeatable chances to reach historical interests, times of

    standardization, we believe that without changing the Constitution of

    Macedonia, the concept of a societal formation which allows the

    domination of a collectivity over another, there can't be long-term

    harmonizations of interests between Macedonians and Albanians.

    III. WHAT SHOULD THE DEMOCRATIC CONSTITUTION OF

    MACEDONIA CONTAIN

    Albanians should by all means be treated as an equal community to

    the Macedonian one. With the ruin of the Former Yugoslavia, all

    people automatically gain the right to self-determination which was

    finally realized in the referendums declared and celebrated throughout

    Yugoslavia, including Macedonia. This will can't be oppressed by

    force.

    Albanians in the former Yugoslavia live in compact ethnic andgeographic territories bounded with the fatherland and which were

    divided unjustly in 1913, at the London Ambassadors Conference.

    They, because they make the majority and are an autochthonous

    people, with their own history, culture and ethnic specifics, they

    can't, in any way be treated as a minority, but only as a divided

    people.

    In Macedonia, they should gain the status of a constituent people, not

    to create a counter-position to the repression of the Macedonian

    establishment, but because they, starting from the Republic ofKrusevo, have always been treated as a constituent.

    Only the re-recognition of this status can be the grounds for a new

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    referendum which would annul the request grounded on the

    Referendum for territorial-political autonomy of Albanians in

    Macedonia.

    The request to have Albanians as bearers of the sovereignty inMacedonia has the following grounds:

    principled, because of their right over their ethnic lands they have

    lived in since the earliest periods, where they have created their

    ethnicity, national identity and where they actually live;

    historical, because they won this right in 1903 with the proclamation

    of the Republic of Krusevo, then in 1944 (ASNOM) and finally the

    1974 Constitution of the SR of Macedonia; and

    actual, because of the democratic processes which are developed inEurope and which reaffirm the acts of international law and the right

    to self-determination of the people, the Final Helsinki Act (1975), the

    Paris Charter for a new Europe (1990).

    On these historical scientific grounds which ascertain the objective

    existence of the ethnic, cultural diversity, the decisive will to cultivate

    it as well as the global tendency to standardize these spaces within the

    framework of the western values, an agreement on the elimination of

    the antagonisms of the main ethnic communities in Macedonia can be

    reached. An agreement which takes into consideration these realities,internal and external tendencies must be the first step, the second step

    is the elaboration of the new Constitution which will contain the

    premises of the agreement, and the third step is the loyalty towards

    the common state, the new formation with the internal and external

    legitimacy which will be given to it by the ICFY.

    The methodology applied so far, the imposition of a Constitution, a

    concept which doesn't respect the internal reality, the external one,

    the inherited rights, then the request for loyalty from a large part of

    the population, deeply dissatisfied with its status and finally, the

    offers for dialogue, agreement within the institutions of the systemwhich in essence prevent what in reality has generated the crisis

    which will be deformed even more.

    Macedonia will be a stable state if in this time of historical

    opportunity it develops on the grounds of the agreement between the

    largest ethnic communities, which commonly would guarantee the

    rights of the others who coexist with them.

    Therefore, without facing the basic, principled issues, we will be

    forced to act in the dimension of the consequences which wouldincrease more and more because:

    - Albanians will not agree with the status and there will be more efforts to improve the

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    situation; and

    - the Macedonian establishment which installed an unnatural relation between two

    communities will try to stop these attempts repressively and thus the inter-ethnic

    relations will deteriorate, the system will be deformed and Macedonia will turn into apermanent focus of crisis, of non-productive confrontation, of violations of human

    rights, of violations of European values and standards.

    The only way out, regardless of the conjunctural and political

    relations, is the respect of the Albanian interest in the system, not

    threatening in any way the Macedonian interest.

    Further, we present concrete proposals for the change of the

    Constitution which was adopted despite the unison opposition of the

    Albanian MPs.

    The amendments which are offered contain also the responsibility for

    the Albanian interest, and also the Macedonian, as well as the peace

    in the region, eliminating, always respecting the international

    standards, the factors of crisis and the inter-ethnic tensions.

    THE LAW ON THE OFFICIAL USE OF LANGUAGES AND SCRIPTS IN THE

    REPUBLIC OF MACEDONIA

    Basic provisions

    Article 1

    The Macedonian and Albanian languages and scripts are in official

    and equal use in the Republic of Macedonia. The equality of use of

    the languages and scripts pursuant this Law implies the official

    communication in one or the other language and their respective

    scripts.

    Article 2

    The official use of languages and scripts pursuant this Law implies the

    use of languages and scripts in the labor and communication of the

    organs of government of the Republic, the regions, towns and

    municipalities, organizations, enterprises and institutions which offer

    public services to the citizens of the Republic.

    THE PRACTICAL APPLICATION OF THE EQUALITY OF LANGUAGES AND

    SCRIPTS

    Article 3

    The equality of the official use of the Macedonian and Albanian

    languages and scripts is applied and accomplished in practice:

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    - in verbal and written communications of the organs, organizations,

    enterprises and institutions among themselves and the citizens;

    - in the procedures of defense and realization of the rights, interests,

    tasks and responsibilities of citizens and juridical persons;

    - in the register of the evidences of the organs and other subjects;

    - by issuing personal documents and other public documents to

    workers and citizens;

    - by writing the names, toponyms, firms, seals, inscriptions, names

    of streets, squares, traffic signs, public advertisements, etc.

    Article 4

    The forms of public documents and those of the evidence must be

    printed in the Macedonian and Albanian languages and scripts, while

    the citizens are issued documents in one of those languages, according

    to the national appertaining of the citizen, i.e. upon his/her request.

    The texts of the laws and other acts of the governmental organs of the

    Republic and other levels which are published in the "Official Gazette

    of the Republic of Macedonia", are published in the Macedonian and

    Albanian languages and scripts.

    Article 6

    The equality in the use of Macedonian and Albanian languages and

    scripts is applicable in the army, in the communications with

    diplomatic and consular offices of Macedonia.

    Article 7

    Organs, organizations and other subjects in Article 2 and 6 of this

    law, are obliged to hold the name, seal-stamps and inscriptions in the

    Macedonian and Albanian language and write them in both scripts.

    Article 8

    The Macedonian and Albanian languages and scripts are equal in

    judicial, administrative and any other procedures conducted before the

    governmental organs, organizations and other subjects at all decision-

    making levels.

    In procedures in which parties of different national appertaining take

    place, the procedure is conducted in the official language of themajority of the parties, meanwhile the other party is enabled to

    communicate in his/her language through interpreters, and the

    decisions/verdicts are sent to them in their language.

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    Parties in procedure have the right to present the organs requests,

    pledges, appeals and acts in their own language. The statements of the

    parties, witnesses, experts and the other participants in the procedure

    are given in one of the official languages determined by this law. If

    the person participating in the procedure doesn't speak any of theofficial languages, his/her statement will be translated into the

    language in which the procedure is developed.

    The costs of the translation will be covered by the organ conducting

    the procedure.

    MEANS FOR THE APPLICATION OF THE LAW

    Article 9

    The material and financial means for the application of this law areassured by the respective organs and these costs will be covered by

    the state budget.

    SANCTIONS

    Article 10

    Organs, organizations, enterprises and other subjects as well as their

    responsible persons will be fined as follows for the violation of the

    provisions of this law:

    - the organ, organization or another subject will be fined from 3 to 5

    thousand denars for denying or not enabling the party to officially use

    the language or script guaranteed by this law, or if it doesn't issue a

    public document in any of these languages, according to the national

    appertaining of the parties, i.e. upon particular request;

    - the person responsible will be also fined for the misdemeanour

    defined above with 700 to 1000 denars;

    - the organ, organization or institution which violates the provisionsof this law regarding the inscriptions, names, firms, seal-stamps,

    traffic signs, publication of texts and other laws, will be fined from

    5 to 10 thousand denars for misdemeanours or economic delict;

    - the person responsible of the subject will also be fined from 1 to 2

    thousand denars;

    - if the misdemeanour or delict is repeated, the foreseen sanctions will

    be tripled for each repetition.

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    FINAL PROVISIONS

    Article 11

    The evidence, forms, names, seal-stamps, inscriptions and otherpublic inscriptions must be harmonized with this provision within 12

    months from the adoption of this law.

    From the day this law enters in force, all new procedures will apply

    the provisions of this law in regard to the official use of languages

    and scripts. The judicial, administrative and other procedures which

    have started earlier and which have not ended before the deadline

    determined in the previous paragraph, will end according to the

    provisions of this law on the official use of languages and scripts.

    Article 12

    This law enters in force on the eighth day of its publication in the

    "Official Gazette of the Republic of Macedonia".

    Article 13

    In units of local administration, where there is a considerable number

    of members of other nationalities, the official language and script,

    along the Macedonian and Albanian languages and scripts, will be the

    language and script of that nationality.

    PROPOSAL OF PPDSH'S PROFESSIONAL GROUP - TETOVA DRAFT

    Amendments I-VII to the Constitution of the Republic of Macedonia

    These amendments are part of the Constitution of Macedonia and

    enter in force the day of their approval.

    AMENDMENT I

    1. The Republic of Macedonia is a sovereign, independent,democratic and social state of the Macedonian people, Albanian

    people and the nationalities which live in Macedonia.

    2. This amendment replaces Article 1:1 of the Constitution of

    Macedonia.

    AMENDMENT II

    1. The official and equal languages in the Republic of Macedonia are

    the Macedonian language and the cyrillic script and the Albanianlanguage and script.

    2. In municipalities where other nationalities live in considerable

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    numbers, the language and script of that nationality is official along

    with the Macedonian and Albanian languages, pursuant the law and

    the statute of the Municipality.

    3. The freedom and equality of the languages and scripts implies theprivate of official communication in one or the other language and

    script.

    4. Laws, their authentic interpretations, provisions and other acts are

    published as authentic texts in the Macedonian and Albanian

    languages.

    5. The way and conditions for the realization of the equality of the

    official use of languages and scripts is regulated by a special law.

    6. In the realization of their rights, interests, and obligations, allcitizens of the Republic of Macedonia have the right to use their

    language before the organs or organizations which complete public

    authorizations. The lack of knowledge of the language in which the

    procedure is being conducted, can't be an obstacle in the realization

    of the rights and interests of the citizens or juridical persons.

    7. This amendment replaces Article 7 of the Constitution of

    Macedonia.

    AMENDMENT III

    1. The citizens of the Republic of Macedonia can be educated in the

    Macedonian and Albanian languages in all levels of education.

    2. The members of the nationalities have the right to receive primary

    and secondary education in their mother tongue, as well as the

    superior education, in accordance with the law.

    3. The citizens of the Republic of Macedonia can receive secondary

    and superior education in foreign languages as determined by law.

    4. This amendment replaces Article 48:4 of the Constitution of

    Macedonia.

    AMENDMENT IV

    1. The laws, provisions and other acts will be published within seven

    days from their approval in the "Official Gazette of the Republic of

    Macedonia" in their authentic texts in the Macedonian and Albanian

    language.

    2. This amendment replaces Article 52:2 of the Constitution of

    Macedonia.

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    AMENDMENT V

    (This amendment and its contents would replace Article 62:1 of the

    Constitution, by determining the two-chamber structure of the

    Parliament, with a determined number of MPs. This amendmentshould also regulate the way to decide by consensus about certain

    issues in the chamber of people and nationalities - your wording)

    AMENDMENT VI

    1. The municipality, through its organs and in accordance with the

    law:

    - adopts the plans of development, urbanism, the budget and balance;

    - regulates and assures the development and realization of themunicipal activities;

    - regulates and assures the use of construction lots and business space;

    - gives its opinion about the general urbanistic and space plan of the

    republic;

    - takes care of the construction, conservation of the roads of localities

    and other public buildings of municipal importance;

    - takes care of fulfilling the determined needs of the citizens in the

    areas of culture, education, health-care and social-care, children's

    protection, physical culture, public information, tourism, ecology and

    other areas of direct interest of the citizens;

    - applies laws and other acts of the Republic, whose application by

    law, belongs to the municipality and assures the application of the

    general acts and the other municipal provisions;

    - it establishes organs, organizations and services for the needs of the

    municipality and regulates the organization and their work;

    - gives consent for the establishment of the branches and other units

    of the ministries and statal organs of the republic seated in the

    territory of the municipality, and proposes the foundation of these

    statal organs aiming at the more efficient and rational realization of

    the rights and obligations of the citizens of the territory of the

    municipality;

    - gives consent to the acts of the central organs of the Republic for

    the appointment of officials, leaders and persons with specialauthorizations in the organs of the branches or regional units of

    ministries and other statal organs, institutions and other public

    institutions which are established by organs and organizations of the

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    Republic based in the territory of the municipality;

    - gives consent to acts for the election or appointment of the judicial

    officers, judiciary or misdemeanours, as well as institutions for the

    execution of sanctions which are based in the municipality;

    - discusses annual reports of the regional organs and branches of

    statal organs as well as institutions and other public entities which are

    based in the territory of the municipality and gives its opinion about

    the work of these institutional organs;

    - achieves also other duties determined by the Constitution and laws,

    as well as the statute of the Municipality.

    2. This amendment replaces Article 115:1 of the Constitution of

    Macedonia.

    AMENDMENT VII

    1. The proposal to change the Constitution of the Republic of

    Macedonia can be presented by the President of the Republic, the

    Government, at least 15 MPs or 50 thousand citizens.

    2. This amendment replaces Article 130 of the Constitution of

    Macedonia.

    EDUCATION/BOOKS

    ONE BOOK FOR FIVE GENERATIONS

    by IBRAHIM REXHEPI / Prishtina

    The new school year started without any bigger changes compared to

    the previous years. Still, the children's school bags are full of

    notebooks, mainly imported, and they have less and less books. Theelementary school pupils can manage somehow, but high school and

    university students will not have a chance to study from a book, but

    instead will have to use poor quality notes taken in class. This is very

    clear element which illustrates the quality of education. Is this the

    pupils' and students' fault maybe? Of course, the reply is negative,

    because they accepted to pay every book from their short pockets,

    even the ones which were imposed on them even though the texts had

    not the approval of the educational subjects. On the other hand, the

    subjects linked to this segment, the Ministry of Education, the School

    Book Publisher and even the Financing Council didn't coordinate theirlabors as they should have and thus ease the problem a bit. This

    problem becomes actual each September, or at the beginning of the

    new school or academic year, meanwhile the rest of the months are

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    characterized with silence. Would there be any chance to actualize the

    matter earlier, and not the day classes start? Xhevat Syla, Editor in

    Chief of the School-Book Publisher, says that his institution is

    preoccupied with the matter during the whole year, but that "the

    circumstances in which we are working, are not our allies"."Circumstances" imply the lack of freedom to act, the confiscated

    material, repression and police persecution. It is a success, or a

    failure, depending on the evaluation, but since the coercive measures

    were implemented in the only institution in charge of publishing

    school books, 84 books were published, out of which 70 are for

    elementary schools, and the others are for high schools. Our

    collocutor says that this is not something to be underestimated.

    Nevertheless, in the first couple of years after the expulsion, the

    coercive management eased the situation a bit, by allowing a part of

    books confiscated in the warehouses to be sold. However, in 1993,all school books which were at that time stored in the warehouse,

    mainly Albanian language, history, geography, figurative culture,

    musical art and social studies books, were destroyed. Some of them

    would have been used today.

    From this it became evident that elementary schools achieved to keep

    the necessary fundus of school-books, while the publication of high-

    school and University books stagnated. Even though the latter has

    attempted to publish a book or two, the situation is serious in the

    secondary education. The old books were either sold or destroyed,and new books were not published.

    Among the capital works of the Publisher, Xhevat Syla stresses the

    new language, literature and history books, which are being done on

    harmonized curricula between the working groups of Kosova and

    Albania. Last year, the Publisher printed the language book for the

    second grade, and this year, it is working on the book for the third

    and sixth grade. The publisher also published "Let's Learn the History

    of Our People", and till the end of the year, they are expecting the

    publication of the history books for the fifth and sixth grades and first

    year of high school. "We have been trying to assure these bookssuccessively from one year to the other. We have issued English books

    for elementary schools and high schools but the senior year, which is

    expected to be published by the end of the calendar year. For the first

    time this year, the mathematics book and notebook, as well as

    teacher's guide book for the first grade of elementary school can be

    found. Next year, we will publish the book for the second grade,

    which means that the generation which starts school this year, will be

    successively getting the adequate books.

    This year we had an ambitious plan for publication of books forelementary and high schools. We planned to publish 37 and managed

    to publish 21 books. We expect that the rest will be published soon

    and will be applicable during the school year. The biggest delay will

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    be that of "Lecture 3" and "Literary Lecture 6", which were caused

    by the authors and the assertion of the joint curricula - says Syla.

    Such delays created a vacuum in the book market. And it was taken

    advantage by crooks, who without anyone's consent, started

    publishing school-books. This phenomenon appeared last year, whenthe owner of "Berati" print plant photocopied the "Abecedaire" and

    some other books. The photocopied book was sold at the price of 5

    DEM, or 1,5 DEM more than the official price. This year, apart

    from this plant, others in Prishtina and Mitrovica started doing the

    same. This book is still being sold at a high price.

    The management of the Publisher states that "they know of these

    people who are involved in this "activity", and then we know how

    many copies they have printed, how much money they obtained and

    where they have distributed the books. But, what can we do? We have

    no institution which could prevent the pirate publications".

    The vacuum, i.e. the lack of books mainly results from the

    impossibility to have all projects on time, then the difficulties to

    distribute the book to a book-shop or school. This is the reason why

    the books are not always in the same place. This is why the parents

    or pupils are forced to walk around a lot to find the books elaborated

    according to the new curricula. The fact that distribution is not well

    organized, is proven by the in the way that this task has become the

    teachers' obligation, who are obliged to collect the money from the

    pupils and obtain books for them.

    Is it that there are no books because of lack of money? No one can

    use this as an excuse for a bad performance. Ismajl Kastrati,

    Chairman of the Central Financing Council, states that "...the part

    coming from the 3% and dedicated for this purpose, has regularly

    reached its destination. Whether this amount was sufficient or not, it

    is up to the officials to know, but since I have become in charge of

    this Council, we have never refused any request. All our financing is

    done in the form of investing in projects. The Publisher offers its

    projects, it offers the texts that are ready for publication, shows the

    price, sets the price and we discuss the possibility to cover theexpenses. It could be that there are not enough funds, but the money

    is found later.

    We don't gift any money to the Publisher. It is obliged to give back

    the money upon the sale of the books, and the purpose is to create a

    reproducing chain, i.e. to finance the other books by selling the

    previous. However, the Publisher didn't pay back the debt, i.e.

    returned only a part of the money. We have still not made a balance

    which would present the relations between the Financing Council and

    the Publisher, but from now on, things will go differently. This year,we have signed an agreement, determining the way the funds will be

    used, the dynamics of returning the debt and our control and

    supervision of the distribution. Our people will control the number of

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    published books, their distribution, the formation of prices and the

    amount of money gathered from the sale. I can say that we will

    always have a clear picture of what is going on with the books - says

    Kastrati.

    Xhevat Syla doesn't deny the fact that the Publisher is owing money

    to the Fund, and stressed that the money coming from the Council is

    only a loan and that the debt should be paid back. The material

    support we have from the Government, as well as many donors

    outside Kosova, but also the domestic ones, made the publication of

    books possible, concluded Syla.

    Anyhow, the school-books are also facing problems not hard to go

    over, or as our collocutors say, it is facing a situation that doesn't

    stimulate it. While in Kosova there are several ministries (of

    education), sub-ministries and over-ministries, in times when thecontradictions between the educational institutions are more and more

    evident, then things can't go the way they should in this area, either.

    Pupils and students are trying to adapt to the "new educational

    circumstances" which are characterized with the surpassed methods

    (pencil, notebook and dictation).

    This is suiting the ones who are profiting personally from the

    situation. Unfortunately, there are quite some profiters around.

    EDUCATION/BOOKS

    OUR EDUCATIONAL NEVER-ENDING PROBLEMS

    by ILAZ THAI / Prishtina

    "The book is my best friend". Probably everybody remembers the old

    cliche repeated to us by our old teachers.

    Today, even though the book still remains one's best friend, it is veryhard to find it in book-shops, and if you do, it will cost you quite

    much.

    It regards the difficulties that the parents are facing when trying to

    purchase books for their children. What makes the problem even

    more serious is that the books are partially distributed and the

    completion of sets of books is almost impossible. The problem of the

    publication and distribution of school books is a responsibility of the

    School-Book Publisher of Kosova, and it is a very serious problem in

    the present conditions.

    But, how much can the lack of books in our book-stores be justified

    with the difficult conditions, when the majority of private book-shop

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    owners has asked the Publisher to provide them with certain

    contingents of books, conscious that they could face problems with

    the police. Mainly, the complaints of the private owners are addressed

    to the Publisher. An owner of a book-store in Prishtina, near the

    market, says that the request he sent to the Publisher was not takeninto consideration last nor this year. Meanwhile, we were told that

    another book-store, behind the Theatre in Prishtina, was furnished

    with books for the 1995/96 school year. The truth was that we could

    only find the English book for the first year of high school, at the

    price of 12 dinars (5 DEM). Then the question justly arises: why is

    it that some book-stores in Peja, Gjilan, Gjakova, etc. are full of

    books, it can't be that the needs in those areas are bigger!

    The truth remains elsewhere, for sure. Maybe the reason is that some

    years ago, private book-stores refused to receive materials and books

    from the Publisher - as one of the managers of the Publisher whowishes to remain anonymous admits. On the other hand, this

    institution is publishing, distributing and selling text-books from

    certain places, where the pupils can buy books directly, and where the

    price of the book is 4-5 DEM.

    But, the illegal competition is there too. Seemingly, "Rilindja" started

    re-publishing the book "History of the Albanian People" (for high

    schools) without the permission of the authors and the changes

    introduced in the curricula. Consequently, the book was distributed

    in the schools, without the consent of the Ministry of Education ofKosova, which forced it to react harshly and request the distribution

    to stop immediately, for only the Ministry is competent to elaborate

    the curricula. What is worse, this book was offered to the students at

    the price of 17 DEM, or some 40 dinars!

    Is there a special commission or body of the Government of Kosova

    (!) which would control the amount of money given to the Publisher;

    to check-up and prevent manipulations which are done and whose

    immediate victims are the pupils, students and their parents?

    What about the quality?

    The quality of the books published this year by the Publisher is

    worse. The book of such quality can't be used over a year.

    Apart from this, the majority of books published are filmed in only

    two colors, black and white, and are usually of the same content as

    the old ones(!), except some which have undergone specific serious

    changes or few cosmetic changes. Naturally, their price is as high as

    the one of good paper quality or filmed in many colors.

    Several principals insist that the school-books should be sold in thebook-stores in town, or be sold in different points which would be

    open for all, and not allow the sales to be done in the way or interest

    of the ones who are selling the books.

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    The town of Prishtina which has 15 elementary schools and a large

    number of high schools must have at least three book-stores which

    would more or less ease the chaotic situation which is reigning in the

    segment of the offer and purchase of books. And these would only

    sell school-books.

    After all what has been said, the conclusion could be that the

    contracts between the selling points and the schools are done as it

    suits the first. In the case of one elementary school, it was offered a

    certain number of sets of books for all classes and also given the

    possibility to pay the books in instalments, a thing which was not

    applicable in the largest school in Prishtina, where the management

    was told to make an advance payment first, and then get the books.

    And even though the school agreed to do so, it didn't receive the

    whole contingent! And then another detail from the same school. Lastyear, they managed to keep some 150 "ABC" books for the coming

    year, and just before the new year started, the Ministry of Education

    informed them that a new book would be used in the coming year. So

    the teachers had to collect the money from the children and parents

    again, and buy new books. And what happened? The books were

    identical (!?!).

    Where is the coordination?

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    APPENDIX

    J A V O R E / Albanian weekly

    P.O. BOX 202

    38000 PRISHTINA

    Issued by the KOHA Editorial Board

    English Edition: KOHA

    Contact Person: Filloreta Bytyqi

    Phone & Fax: +381 38 31 031

    +381 38 31 036

    Modem: +381 38 31 276

    E-Mail: [email protected]