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OTTAWA CITIZEN (CANADA)

OPINION

Kosovo is not Quebec

Canada should stop hiding behind the fleur-de-lis and recognize Kosovo's
independence from Serbia

Val Percival
Citizen Special

Thursday, February 28, 2008

Canada should join its allies and recognize Kosovo's independence. Quebec is
not Kosovo, and Canada is not Serbia. Hiding behind the fleur-de-lis
misconstrues the path of Kosovo's independence and the precedent it sets.

By all means, the international community should remain concerned for the
conflict-generating potential of secession movements. According to data
collected by the University of Maryland, 26 armed self-determination
conflicts were festering at the end of 2006. Yet, these conflicts are not
intractable: 15 conflicts have been contained and six settled since 2000.
And critically, these settlements rarely result in independence. Autonomy
and decentralization agreements and efforts to recognize minority rights
effectively stem independence aspirations.

But where such options have been tried and failed, or when distrust is so
high that no amount of power sharing will bring about peace, there is no
other alternative but independence. Kosovo is one such case.

While always restive, Kosovo's Albanians, who comprise 90 per cent of the
population, were content with the autonomy status provided for them in the
1974 Yugoslav constitution. In 1989, Milosevic revoked this autonomy, forced
Albanian politicians from office, fired Albanian civil servants - including
university professors - imposed the Serbian education curriculum and put in
place a series of oppressive laws (such as annulling the sale of property
from Serbs to Albanians). The Albanians responded with almost a decade of
passive resistance to this oppression, undertaking an independence
referendum and establishing a parallel system of government. After that
passive resistance failed to bear fruit, the armed struggle by the KLA - the
Kosovo Liberation Army - began in 1998.

Throughout the late 1990s, the international community attempted
negotiations, observation missions and high-level mediation. While the KLA
were no angels, Belgrade was intransigent, making little or no effort to
concede to the demands of the Albanian community. As violence against
Albanians escalated, NATO bombed Serbia with the objective of stopping
attacks against civilians. Serbian forces responded with ferocity: more than
a million Albanians were driven from their homes, and thousands were killed,
including prominent politicians and human rights activists.

When the war ended in June 1999, the United Nations was charged with
administering Kosovo, establishing substantial autonomy, and facilitating a
political settlement to determine Kosovo's future status. The UN built
self-governing and democratic institutions at the local and central level.
It set benchmarks in the areas of governance, rule of law, and fiscal
responsibility that the province had to achieve before status discussions
could begin. Yet no one was under any illusions - Albanians wanted
independence, and believed that such independence was a critical
precondition for their security.

Over the past two years, the United Nations finally addressed the status
issue, first appointing special envoy Martti Ahtisaari to develop a plan,
and then brokering extensive negotiations between Serbia and Kosovo on the
final status settlement. When these negotiations failed, with Serbia
refusing to negotiate any terms for Kosovo's independence and Albanians
refusing to accept anything less, Kosovo unilaterally declared its
independence. To signal its intent to co-operate with the international
community, Kosovo accepted constraints to its sovereignty as laid out in the
Ahtisaari plan, and vowed to respect the territorial integrity of its
neighbours, to allay fears that Albanian regions of Macedonia and Serbia
would join the new state.

None of this means that independence in Kosovo will be smooth. Kosovo's Serb
and Roma minorities have faced extreme hardship, discrimination and
violence. While recent years have seen violence abate, the ethnic riots that
briefly swept Kosovo in 2004 are a stark reminder of the fragility of
Kosovo's ethnic détente. The recent demonstrations by Serbs in the north -
encouraged by Belgrade - signal their fear of living as a minority in an
Albanian dominated country. But this can be managed, and independence
remains the best option to avoid a return to widespread instability
throughout the province.

So why is Canada hesitating? Many have mistakenly argued Kosovo's
declaration of independence violates the terms laid out in the Clarity Act.
First, there is a clear will to secede - indeed the will is so clear that no
right-minded person would waste money on organizing a second referendum.
Second, efforts have been made to negotiate with Serbia. The international
community brokered months of failed talks over the terms of Kosovo's
secession.

There is simply no parallel with Canada - if a strong majority of Quebec's
population wanted to secede from Canada, negotiations would ensue. Indeed,
to suggest Quebec is comparable to Kosovo is highly insulting. The federal
government firing civil servants whose first language is French, banning the
sale of land from English to French Quebecers, and imposing an English
curriculum on Quebec?

As for the risk that Kosovo's independence gives hope to secessionist
groups, the evidence demonstrates that independence aspirations can be
controlled. Policy makers should instead emphasize the precedent that Kosovo
sends to majority communities in ethnically divided states: the refusal to
protect the rights of linguistic, religious, and ethnic minorities can be
costly.

So Canada can hold its head high, recognize Kosovo's independence, and say
with confidence that the preconditions laid out in the Clarity Act have been
met. And we can cite our continued and ongoing dialogue with Quebec as a
signal of the strength and sustainability of our federation.

Val Percival was the project director for the International Crisis Group in
Kosovo from 2001 until 2003. She now teaches conflict and public health at
the Norman Paterson School of International Affairs, Carleton University.

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