SERBIA – CONTEMPORARY SOCIAL AND POLITICAL CHALLENGES
REFRAMING AHTISAARI PROVISIONS: THE ISSUE OF CULTURAL AND RELIGIOUS HERITAGE AND FINAL POST CONFLICT SETTLEMENT BETWEEN BELGRADE AND PRISTINA
The paper identifies protection mechanisms for the Serbian religious and cultural heritage in Kosovo defined by the Ahtisaari Plan as the basic normative framework and analyses its application. The authors start with the claim that the status of cultural and religious heritage was unjustifiably omitted from the Brussels dialogue and that this topic, due to identity-related sensitivity, can determine the citizens’ side when supporting a possible final agreement between Belgrade and Pristina. In the first part, the analysis provides a comprehensive overview of legal guarantees and experience in their implementation, deals in detail with examples of abuse and non-compliance with the adopted normative framework, criticism of the “special” status for Serbian heritage, and open disputes between the Serbian Orthodox Church (SOC) and Kosovo authorities. In the second part, the text provides a comparative overview of the special statuses holy places in Europe. Since extraterritorial status as the final model for Serbian religious and cultural heritage is often mentioned in public in Serbia, the paper tried to offer several models of territorial solutions for smaller units, in the form of enclaves, extraterritoriality, and condominiums, that could be potentially applied in the case of the Serb cultural and religious heritage in Kosovo.
- Administration of the Mount Athos today. Accessed May 8, 2020. https://bit.ly/2LcFev2.
- Arraiza, Jose Maria. 2014. “A Matter of Balance. Cultural Heritage, Property Rights and Inter-Ethnic Relations in Kosovo”. Paper presented at the conference Seminar on Property and Investment in Jus Post Bellum, Clarifying Norms, Principles, and Practices organized by the Grotius Centre for International Legal Studies, June 13, The Hague, The Netherlands.
- Benzo, Andrea. 2014. “Towards a Definition of Sacred Places: Introductory Remarks.ˮ In Cultural Diversity and Law: Between Cultural Diversity and Common Heritage Legal and Religious Perspectives on the Sacred Places of the Mediterranean, eds. Silvio Ferrari and Andrea Benzo, 17‒23. Surrey-Burlington: Ashgate Publishing Limited.
- Centre for social dialogue and regional initiatives. 2019. “Normalization of relations between Belgrade and Pristina from citizens perspective – What we know and what we feel?”
- Constitution of the Republic of Greece. 1927.
- Constitutional Court of the Republic of Kosovo. “AGJ943/16 Judgment 1-18.” 20 May 2016.
- Convention for the Protection of the Architectural Heritage of Europe from 1985 and the Council of Europe’s European Convention on the Protection of the Archaeological Heritage from 1992.
- Council of Europe. 1985. “Convention for the Protection of the Architectural Heritage of Europe.”
- Council of Europe. 1992. “European Convention on the Protection of the Archaeological Heritage.”
- Defreese, Michelle. 2009. “Kosovo: Cultural Heritage in Conflict.” Journal of Conflict Archaeology, 5(1): 257‒269.
- Dumper, Michael and Craig Larkin. 2012. “The politics of heritage and the limitations of international agency in contested cities: a study of the role of UNESCO in Jerusalem’s Old City.” Review of International Studies 38 (1): 25‒52.
- Eames, Andrew. 2017. “Travel – Europe’s Strange Border Anomaly.” BBC, December 11. Last access May 9, 2020. https://bbc.in/2xLvULJ.
- Emancipimi Civil Ma Ndryshe. 2013. “Erroneous – An Analysis of Numerous and Continuous Faults in Cultural Heritage.”
- European Union Office in Kosovo. 2017. “EU is concerned by a lack of implementation of Constitutional Court ruling on the land dispute case in Decan/e.”
- Government of Serbia. 2007. “Amendments to the Comprehensive Proposal for the Kosovo Status Settlement”.
- Hisari, Lorika and Fouseki, Kalliopi. 2020. “Post-War Cultural Heritage Preservation in Kosovo: Rethinking the Implementation of Ahtisaari Plan Annex V.” Heritage 3 (1): 98‒115.
- Hoxha, Gjejlane. 2012. “Legal protection of Cultural Heritage in Kosova – past, present and future.” In Balkanlarda Osmanl ıVakıflarıve Eserleri Uluslararası Sempozyumu, edited by Mehmet Kurtoğlu, 217‒237. Istanbul-Edirne: Vakıflar Genel Müdürlüğü.
- Jan S. Krogh’s Geosite: Brezovica. Last access May 9, 2020. https://bit.ly/2zj68Pe.
- Kosovo’s Ministry of Culture, Youth and Sport. 2016. “National Strategy for Cultural Heritage 2017‒2027.”
- Lateran Treaty. 1929.
- Leanza, Umberto. 2014. “General Problems of International Law Concerning Sacred Places.” In Cultural Diversity and Law: Between Cultural Diversity and Common Heritage Legal and Religious Perspectives on the Sacred Places of the Mediterranean, eds. Silvio Ferrari and Andrea Benzo, 37‒56. Surrey-Burlington: Ashgate Publishing Limited.
- Lončar, Jelena. 2015. “Cultural Heritage in Kosovo: Strengthening Exclusion through Inclusive Legislation.” In Figuring out the Enemy: Re-Imagining Serbian-AlbanianRelations, edited by Aleksandar Pavlović, Adriana Zaharijević, Rigels Halili, and Draško Gazela Pudar, 409‒427. Belgrade: Institute for philosophy and social theory.
- Mehmetaj,Valmir. 2010. “Awakening Kosovo’s Cultural Heritage.” Kosovo 2.0, June 02. Last access May 8,2020. https://bit.ly/2zgHChH.
- Office for Kosovo and Metohija. “Izveštaj o napretku u dijalogu Beograda i Prištine.” 2015‒2018.
- OSCE. “Challenges in the Protection of Immovable Tangible Cultural Heritage in Kosovo.”, 2014.
- Papastatis, Haralambos К. 2004. „Savremeni Pravni Status Svete Gore.” U Zbornik radova Vizantološkog Instituta XLI (1): 525‒538. Beograd: Vizantološki institut.
- Research Institute of Development and European Affairs. 2019. “The issue of Serbian Cultural Heritage in Kosovo in the context of an eventual ‘Grand Finale’ between Kosovo and Serbia.”
- Samuels, Joel H. 2008. “Condominium Arrangements in International Practice: Reviving an Abandoned Concept of Boundary Dispute Resolution.” Michigan Journal of International Law 29 (4): 732‒780.
- Stoyanov, Yuri. 2014. “The Sacred Spaces and Sites of the Mediterranean in Contemporary Theological, Anthropological, and Sociological Approaches and Debates.” In Cultural Diversity and Law: Between Cultural Diversity and Common Heritage Legal and Religious Perspectives on the Sacred Places of the Mediterranean, eds. Silvio Ferrari and Andrea Benzo, 25‒36. Surrey-Burlington: Ashgate Publishing Limited.
- Svirca, Baki. 2014. “Sacred Places and Religious Institutions in Kosova – Comparative Legal and Religious Approach.” In Cultural Diversity and Law: Between Cultural Diversity and Common Heritage Legal and Religious Perspectives on the Sacred Places of the Mediterranean, edited by Silvio Ferrari and Andrea Benzo, 243‒271. Surrey-Burlington: Ashgate Publishing Limited.
- UN Security Council. “Comprehensive Proposal for the Kosovo status settlement” (S/2007/168/Add.1) or “Ahtisaari Plan”. 26 March 2007.
- UNESCO. 1954. “Convention for the Protection of Cultural Property in the Event of Armed Conflict.” (with the 1999 Protocol).
- UNESCO Convention concerning the Protection of World Cultural and Natural Heritage from 1972, The Convention for the Protection of Cultural Property in the Event of Armed Conflict from 1954 (with the 1999 Protocol), The UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
- UNESCO. 1972. “Convention concerning the Protection of World Cultural and Natural Heritage.”
- UNESCO. 1970. “Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.”
- UNESCO. “List of World Heritage in Danger. Last access May 8 2020.” https://bit.ly/3bcINvJ.
- Van der Auwera, Sigrid. 2012. “Contemporary Conflict, Nationalism, and the Destruction of Cultural Property During Armed Conflict: A Theoretical Framework.” Journal of conflict archaeology 7(1): 49‒65.