THE POSITION OF MINORITIES IN THE NEW STATE OF KOSOVO

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Bashkim Rrahmani

Abstract

Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of the Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The different position of Serb minority derives in some way from the obligations Kosovo has taken from the international community, especially from the obligations that come from the Comprehensive Proposal for the Kosovo Status Settlement. This paper gives an analysis of the legal infrastructure in order to explore if the existing legal infrastructure substantially ensures minority rights and if it ensures their protection. The conclusions of the paper aim to contribute to the academic debate and the practical work in the field. 

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How to Cite
Rrahmani, Bashkim. 2020. “THE POSITION OF MINORITIES IN THE NEW STATE OF KOSOVO”. Journal of Liberty and International Affairs 6 (1):130-51. https://www.e-jlia.com/index.php/jlia/article/view/180.
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Author Biography

Bashkim Rrahmani, AAB College Prishtina, Kosovo

Bashkim Rrahmani is an expert on Kosovo and a lecturer of EU, International Law, Constitutional Law, etc. Now he is working as the Prof. Ass. at the College "AAB" in Prishtina. Prior to this he has worked as the lecturer at the "Haxhi Zeka" University and "Universum" College (both Kosovo). He has also given lectures in some Western Universities as the visiting professor. Until now dozens of scientific papers were published in various scientific journals and Bashkim Rrahmani is the author of few books. Before this he was an Executive Director of the Foundation for Democratic Initiative (2001-2011), one of the most active civil society organizations in Kosovo. During 1994-2000, he acted as an Education as well as a Labor Inspector. Around this period he also regularly visited Washington as well as Kosovo, Macedonia and Albania in the position of Field Representative, where he reported the political, economic and social situation of the three countries for the Krieble Institute of the Free Congress Foundation. He is an author of a number of scientific publications, and he has participated in dozens of international scientific conferences. Since 2008, he is a national trainer of trainers in Acquis Communautaire and from 2011, a national certified & licensed mediator.