ELECTIONS STILL UNCERTAIN

AIM Pristina, 30 April, 1997

Although the 30-day time limit prescribed by the Election Law adopted by Kosovo Albanians six years ago for scheduling their second in a row parliamentary and presidential elections announced for 24 May this year, it is still uncertain whether they will take place or not. This is still the central topic among all political and intellectual circles and of numerous discussions of legal experts in Kosovo.

There is almost no dilemma among the Albanians whether the elections should be held or not. The only question is how they should be organized and at the same time not destroy the good relations with the international community, and what is even more important not to violate the legal procedure which has proved to be a very important issue. That is probably the reason for involvement of all competent persons into this semi-public discussion aimed at finding ways how to complete what has been begun without causing major disturbances of inter-Balkanic political relations. In this sense, the most powerful opposition party to the ruling Democratic Alliance of Kosovo, Adem Demaqi's Parliamentary Party of Kosovo is most frequently mentioned, since for quite some time it has advocated the idea of constitution of the Parliament elected in 1992 elections in order to complete institutionalization of life in Kosovo. The parliamentary group of the Democratic Alliance is also not united concerning the key issue - elections. The well informed sources claim that, at the meeting with their President Rugova, there were demands both for constituting the Assembly in the current composition, but also demands for proclaiming new elections without the constituting or some kind of an initial session with deputies of the still current composition of the parliament.

Probably due to special circumstances in which Kosovo is nowadays, or some other so far unknown reason, Mandela of Kosovo, Adem Demaqi and his Parliamentary Party of Kosovo, took the stand that the elections should not be organized, and even proposed to Rugova to have the mandate of the existing parliament prolonged, to have a new chairman of the parliament elected, to have the mandate of the current President of Kosovo Albanians - Rugova also prolonged, and to have his vice-president elected. No reply has arrived from Mr Rugova's office to this day.

The other political parties which gather the Albanians took stands depending on the fact whether they are inclined more towards the policy of the DSK or that of the Parliamentary Party of Kosovo. The Forum of Albanian intellectuals headed by Rexhep Cosja demanded that "state institutionalization should be carried out or a National Council formed which would represent political will and lead the National Movement". This proposal in some circles is interpreted as a demand which implies complete change of political strategy of the Albanian movement.

In any case, the stand of the ideologist and vice-president of the Democratic Alliance of Kosovo, Fehmi Agani, also seems interesting, since he declared to independent Radio Studio B, that the possibility of postponement of the elections for September cannot be excluded, although it was also mentioned that this legal possibility has already been used when the elections were postponed last year. However, Mr Agani sends word to the Kosovo public that it is necessary to have the elections, because talks about Kosovo have started and it is necessary to have "legitimacy of votes".

Nevertheless, everything can be brought down to the level of ideas, because as the analysts say, "the experience in the elections of 24 May 1992 has not changed anything. The results of these elections were just an attempt to achieve an epilogue which would mean transformation of these results into a legislative mechanism of Kosovo". After attempts back from 23 June, 1992, to convene a constitutive session of the assembly, which was prevented by the Serbian police, there were no more attempts. The analyst of political developments in Kosovo, Milazim Krasnici reminds that "Charles Barun, administrative director of the 'House of Freedom' seated in Washington, who monitored 1992 elections as an observer, spoke about three phases of achievement of independence of Kosovo. The first was the 1991 referendum, the second were the elections and the third - consitution of the parlaiment. The third phase", says Krasnici, "has neevr been accomplished".

    Although the leader of Kosovo Albanians, Dr Rugova

often repeated that the Parliament operates through parliamentary committees, this was still an unfeasible formula among different corcles. "This is throwing dust into the eyes of the public", his sharpest critics say.

And who is competent to decide about scheduling elections? Can that be done only by the chairman of the (still unconstituted) parliament of Kosovo or by the president of Kosovo Albanians? Opinions vary. The Society of independent lawyers of Kosovo believes that by constituting of the Parliament, scheduling elections, and then dissolution of the current deputies provisions of the Constitution and law are violated. There are also ideas that by amendements or supplements of the Constitution adopted in 1992 in Kacanik, Rugova can be given legitimacy to schedule elections. One of the known lawyers, Destan Rakiqi, says that according to amendement 3 of the Constitution, Rugova is entitled to issue a special decree based on law. This opinion is supported by the President of the Electoral Commission in 1992 elections, Tadej Rodiqi. The number of those who, like Dr Arsim Bajrami, who stress that solely the Parliament is competent for something like that is not small either.

Connoisseurs of circumstances in Kosovo remind on the other hand that the story about scheduling the elections could be ended like the one in 1992 when the Coordinating Council of the Albanian political parties of Kosovo came out in the open with a joint statement which among other read as follows: "All political parties, members of the Coordinating Committee support organization of these elections, as one of the preliminary conditions for institutionalization of life in Kosovo". That is why Milazim Krasnici emphasized that "consensus from 1992 should be raised to the level of an institution, through a round table".

However, special significance is attributed to statements of American "friends" (as Rugova called them), especially after Mr Cornbloom's visit to Kosovo, because indirectly he declared himself against the "Albanian elections". In the meantime, the statement of Assistant American Secretary of State for Eastern Europe and Canada, Rudolf Perine was slightly more sophisticated when he said that "the USA still believes that Rugova will pursue a responsible policy". The days which lie ahead will certainly bring other stands, maybe even much more definite. The Albanians express fear that "statements of American congressmen concerning elections in Kosovo will not be repeated, like in 1992". At the time, "Serbia was in a much more difficult position on the international level, than it is today", the analysts say. In the meantime, the Council of Ministers of the European Union adopted the decision on trading privileges for FRY. Nevertheless, as stresses Mehmet Hajrizi, member of the Presidency of the DSK, this should not create disappointment among the Albanians.

In the whole maelstrom of the past developments there is an element which should not be neglected - potential danger of escalation of violence, if the elections were organized. In this context, "the international position of Yugoslavia which gives it the possibility to apply violence" is reminded of. The international community is not in favour of independent Kosovo, and consequently nor does it support its possible elections. Developments in Albania make the situation in Kosovo even worse, and therefore, the analysts say, there is also the possibility that after they are scheduled they will be prevented, which would cause serious consequences for the constitutional legitimacy of Kosovo which would again cause a difficult crisis on the inter-Albanian political scene.

AIM Pristina Besim ABAZI