I #2067 12 - 14 KORRIK, 2011 Albanians in Montenegro Waiting for Godot?

By Cafo Boga & Stefan Wolff skirts of the Montenegrin capital of Pod - tact among themselves and across bor - them membership, although, some after a gorica. Albanians in Montenegro are a na - ders. considerable delay. tional minority (members of an ethnic group “Why are we here, that is the question. And who live within a host-state , but are simul - The signatory states of the CSCE further The regional environment in which these we are blessed in this, that we happen to taneously ethnic kin of another, often neigh - committed themselves to protecting the eth - dynamics unfold continues to be shaped know the answer. Yes, in this immense con - bouring kin-state . As such, Albanians belong nic, cultural, linguistic, and religious iden - significantly by hostility, mistrust, and re - fusion one thing alone is clear. We are wait - to a type of minority group that is very wide - tities of their minorities and to creating con - sentment in both majority-minority and in - ing for Godot to come…” spread across Europe. Its country was cre - ditions in which these identities can be terstate relations. At the same time, the un - ated and shaped by the redrawing of Eu - promoted, including, “appropriate local or precedented involvement of the “Let us not waste our time in idle discourse! rope’s political map following conflicts in autonomous administrations corresponding international community—especially of Eu - Let us do something, while we have the its region—primarily the Balkan wars of the to the specific historic and territorial cir - ropean and transatlantic regional organi - chance! It is not every day that we are early 20 th century, World Wars I and II, and cumstances” of their minorities, wherever zations as well as the United Nations and needed. But at this place, at this moment of the dissolution of the Soviet Union and possible. its sub-organizations—has helped sustain time, all mankind is us, whether we like it or Czechoslovakia as well as the collapse of crucial conversations around minority rights not. Let us make the most of it, before it is Yugoslavia after the Cold War. Albanians’ The approval of the Copenhagen Document and protections. While the commitments too late!” minority status within Montenegro, there - in 1990 was not accidental. After the Eastern made around these issues are often vaguely fore, is not a matter of choice, but one of Bloc collapsed in 1989, minorities’ rights defined, third-party organizations can offer –Samuel Beckett, Waiting for Godot historical circumstance: inhabiting a con - and protections have become recurring po - a lot of value by mediating talks and helping tiguous homeland, nations were divided be - litical issues in central, eastern, and south - to define accountability in regards to these tween expanding nation-states either in the eastern Europe. Not only did the dissolution commitments. process of direct territorial contests, as a and disintegration of multinational states INTRODUCTION consequence of post-war border changes, lead to the creation of new host-state mi - Despite the fact that the protections of na - or after the disintegration of multinational norities, but also liberalization and democ - tional minorities has been a high-profile It is surprising that some don’t even know states. ratization in these states set the stage for item on the agendas of international organ - about the Albanians in Montenegro, though competition among new or redefined izations, NGOs, and national governments, they have been living in this area since the National minorities living in European host- groups. Group interests were increasingly progress in many cases has been incremen - antiquity. As a matter of fact, the Albanians’ states have been tolerated citizens at best. defined in ethnic terms, and ethnic groups’ tal at best. Albanians in Montenegro, for ancestors, the Illyrians, laid the very foun - But in most cases, they continue to suffer claims to resources and security became in - example, have seen much political change dations of modern Montenegro. the consequences of past and present dis - fluential factors in domestic and interna - in the Western Balkans over the past two crimination. At the same time, it is a widely tional politics across the region. decades but little improvement in their own Montenegro was founded as a state under held belief among academics and policy - group’s situation. They are worse off in cer - its present name during the 15 th century, makers that members of national minorities Confronting these issues, governments have tain aspects than they were during the com - continuing the tradition of the Illyrian state deserve and require specific legal protection had to formulate and implement policies munist regime in former Yugoslavia. Having of Genta or Zenta, later the Roman state of in order for them to express, maintain, and that address a wide variety of minority-re - been subjected to discrimination for almost Dukla. During next three centuries, the Re - develop their own identities without fear of lated issues—from separatist demands to a century in the various incarnations of Yu - public of Venice dominated much of the discrimination or disadvantage: EU accession conditionality—as one part of goslavia, Albanians welcomed the democ - costal area, which became known as Albania creating more fair and open societies. ratization process and hoped it would usher Veneta. Following Ottoman invasion much “Persons belonging to national minorities Against the background of foreign and do - in a new dawn. They expected to work with of today’s Montenegro fell under Ottoman have the right freely to express, preserve mestic policy goals, governments have had Montenegrins and other communities as control, except the costal area, which re - and develop their ethnic, cultural, lin - to strike a balance between the interests of partners in building a new democratic and mained under the Venetian control. With guistic or religious identity and to main - their majority and minority populations. multi-ethnic state, and thus voted over - help from Russia, the central Montenegro tain and develop their culture in all its Often the majority sentiment is more tra - whelmingly for their nation’s independence. (the Slavic speaking area) was able to main - aspects, free of any attempts at assimi - ditional and nationalistic while minorities’ The reality of what has since transpired has tain its quasi-independence during the Ot - lation against their will.” 1 top priorities include equal rights and recog - fallen far short of their expectations; most toman Empire’s reign in the Balkans; its in - nition. Albanians now find themselves disillusioned dependence was formally acknowledged at This fundamental assertion of national mi - about their future. the Congress of Berlin in 1878, which also nority rights was approved by the partici - The former Yugoslavia has seen this type brought about a substantial expansion of pating states of the Conference on Security of interest conflict play out more often than Montenegro’s privatization process and eco - its territory at the expense of Albania. After and Co-operation in Europe (CSCE) at the most other regions. Here the debate on how nomic reforms have created significant so - World War I, it was absorbed into the King - 1990 Copenhagen Meeting on the Human best to achieve such a balance of diverse cial dislocations, economic hardship, and dom of Serbs, Croats, and Slovenes, which Dimension. Section IV, Article 32, of the and often competing interests has taken corruption, all of which has contributed to later became the Kingdom of Yugoslavia in Copenhagen Document that resulted from place in a setting shaped by the character rising tensions between Albanians and Mon - 1929. Montenegro was also later part of var - the meeting details particular rights of mi - and consequences of violent conflicts within tenegrins. These tensions could easily es - ious incarnations of Yugoslavia, until it re - norities such as: and between several states. Moreover, with calate, which could, in turn, spread to other gained its full independence from the fed - the exception of Albania, all the states of nationalities and minority groups, threat - eration of Serbia-Montenegro in June 2006. • The right to speak their ethnic language this Western Balkans region are essentially ening the very existence of Montenegro. A freely in private and in public (including new states. That is, they had to build up or heightened conflict also could seriously Montenegro is a small country with a pop - the right to disseminate, receive, and create their identities as individual states— destabilize this still volatile region, which ulation of approximately 630,000 people. access information in that language); rather than merely redefine themselves— includes Bosnia and Herzegovina, Macedo - Montenegrins and Serbs are the predomi - • The right to establish and maintain ed - and obtain legitimacy both domestically and nia, Serbia, and Kosovo. A weak economy nant ethnic groups, together forming about ucational, cultural, and religious insti - internationally. In this context in particular, has exacerbated tensions between the dif - 74 percent of the population. Albanians in tutions and organizations (including questions concerning minority rights have ferent ethnic groups in Montenegro as each Montenegro account for approximately 8 the right to participate in international played a crucial role: they have determined, group fears it will lose access to resources percent of the total population. They live in non-governmental organizations); to some extent, the acceptance of these new that are already scarce. These tensions, al - relative compact settlements along the Mon - • The right to profess and practice their states by their minorities and by third-party beit not violent ones, are likely to persist tenegrin-Albanian border, which stretches religion; and states recognizing them, and by interna - into the future and need to be addressed at times further inland to the eastern out - • The right to establish and maintain con - tional and regional organizations offering through long-term preventive efforts such

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1 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE. http://www.osce.org/documents/html/pdftohtml/13992_en.pdf.html. II #2067 12 - 14 KORRIK, 2011 Albanians in Montenegro - Waiting for Godot? as a renewed focus on the political status of frontier and acquiring an outlet to the Adri - communities”; of members of ethnic communities, partic - Albanians in Montenegro. atic Sea, primarily at the expense of Albania. • “The right to authentic representation ularly of Roma and Albanians, who suffer Albanians and the other minorities who suf - in the Parliament of the Republic of from ill treatment and, in some cases, tor - The purposes of this paper are to: examine fered under Nikola’s rule have difficulties Montenegro and in the assemblies of ture at the hands of police officers. the current situation in Montenegro and accepting him as a national hero of the new the local self-government units in which that of the Albanians within it; analyze what Montenegro. they represent a significant share in the The government does fund minority-related specific grievances this community has; and population, according to the principle projects, but resources for such projects are identify possible solutions that can address The preamble to Montenegro’s Constitution of affirmative action”; very limited. For example in 2006, the gov - these grievances in a way that anchors Al - identifies the nationalities and national mi - • “The right to proportionate represen - ernment allocated €17,000 to the “Roma banians in Montenegro and prevents the norities of Montenegro—Montenegrins, tation in public services, state authori - Presence in the Labour Market” program country from destabilizing. Such results also Serbs, Bosniaks, Albanians, Muslims, Croats ties and local self-government bodies”; and €35,000 to the “Second Chance” proj - would help Montenegro attain one of its key and others as citizens of Montenegro—free, • “The right to information in their own ect, while the Ministry of Education and foreign policy goals: integration into the Eu - equal, and loyal to a civic and democratic language”; Science supported a program for scholar - ropean Union. Montenegro. The new Constitution changed • “The right to establish and maintain ships for Roma pupils in secondary schools the country’s official language from Serbian contacts with the citizens and associa - and allocated €14,000 for minority educa - The paper begins with an outline of the cur - to Montenegrin, but also recognizes Serbian, tions outside of Montenegro, with tion purposes. Other communities, includ - rent situation in Montenegro with respect Bosnian, Albanian, and Croatian. Gender whom they have common national and ing Albanians, receive even less state sup - to the protection of national minorities in equality right has become a separate cate - ethnic background, cultural and his - port and thus remain heavily dependent on law and policy. We then discuss Albanians’ gory under the Constitution, while other toric heritage, as well as religious be - foreign support. specific grievances in regards to the current rights, which have already existed in the liefs”; and state of affairs. The second part of the paper Montenegrin legislation, such as the right • “The right to establish councils for the By law, minorities are entitled to autonomy lays out a range of options for protecting to asylum, free access to information, and protection and improvement of special of cultural institutions and the freedom of national minorities, drawing on a broad the right to conscience (the right to object rights.” religious expression. In the sphere of edu - range of examples from comparable situa - serving military or other duty involving the cation, culture, and information, measures tions across the Western Balkans region and use of arms based upon religious grounds The right to access “mother-tongue” edu - have been implemented to enhance equality beyond. We conclude with some recommen - or personal conviction) are now guaranteed cation is separately regulated in decrees on through tangible projects and programs. dations on a sustainable approach to ad - by the Constitution. For the first time in primary and secondary education. Explicitly, The Ministry of Culture, Sports, and Media, dressing Albanian grievances in Montenegro history of the Montenegro the new Consti - the Constitution of Montenegro prohibits for example, assists ethnic minorities in moving forward in a constructive and in - tution gave precedence to international laws forced assimilation and obliges the state to publishing magazines and books in their clusive manner. over the country’s own laws. “protect persons belonging to minority na - own language; presenting programs of folk - tions and other minority national commu - lore, traditions, and practices; and cooper - While determining that “the official lan - nities from all forms of forceful assimilation” ating with institutions in their kin-state. THE CURRENT SITUATION guage in Montenegro shall be Montenegrin,” (Article 80). IN MONTENEGRO the Constitution also notes that the “Cyrillic Specific media programming for minorities and Latin alphabet shall be equal” and that While this is a fairly impressive constitu - remains rare due to a lack of relevant legis - Montenegro gained independent statehood “Serbian, Bosniak, Albanian and Croatian tional entrenchment of minority rights, sig - lation. The Albanian community is the only in 2006 following a referendum in which a shall be in official use” (Article 13). Special nificant shortcomings exist in terms of one in Montenegro that has received access majority of the population, including many minority rights, whose exercise is subject translating these constitutional commit - to minority-specific broadcasting and media members of non-Montenegrin ethnic com - to further legislation, are detailed in Part ments into law and policy. A Law on Na - in recent years. As the Advisory Committee munities, voted in favor of dissolving the II, Chapter 5, and include: tional Minorities has been under discussion of the Council of Europe’s Framework Con - region’s union with Serbia. Broadly speak - for many years; interethnic controversies vention on National Minorities pointed out: ing, most ethnic Montenegrins strongly sup - • “The right to exercise, protect, develop have kept it from passing. As a result, a “national minorities in Montenegro merit ported the Montenegrin government’s drive and publicly express national, ethnic, newly adopted law specifically addressing increased attention in the on-going process toward independence. Albanians and other cultural and religious particularities”; minority rights has already been contested of developing a public broadcasting serv - ethnic minorities mostly favored independ - • “The right to choose, use and publicly as unconstitutional. The absence of a specific ice.” 3 ence, though some had expressed doubts post national symbols and to celebrate minority law in Montenegro and the earlier concerning their status in an independent national holidays”; failure to adopt and implement the federal Radio Montenegro broadcasts programs in Montenegro. The voting results show that • “The right to use their own language law concerning minority rights has created Albanian twice a day for 10 to 15 minutes Montenegro would not have been able to and alphabet in private, public and of - a significant level of ambiguity in regards each. There are also private and commercial achieve its independence without the Al - ficial use”; to these issues. A recent report by the Par - radio stations that broadcast in Albanian. banian vote. • “The right to education in their own liamentary Assembly of the Council of Eu - In addition, Radio Montenegro broadcasts language and alphabet in public insti - rope states that “in the opinion of the Venice 24 shows a year intended for the Roma pop - Following the country’s declaration of in - tutions and the right to have included Commission, the wording of some provi - ulation. A large number of printed media dependence, the Montenegrin Parliament in the curricula the history and culture sions of the constitution, especially, those are published in Albanian, Croatian, Ro - issued a new constitution in 2007. Accord - of the persons belonging to minority dealing with human and minority rights, mani, and Bosniak. ing to the Constitution, Montenegro is an nations and other minority national could be further improved and brought independent and sovereign state with a re - communities”; closer to the wording of the convention for The Montenegrin Commission for Educa - publican form of government. Furthermore, • “The right, in the areas with significant protection of Human rights and Fundamen - tion of National and Ethnic Groups ap - the Constitution states that Montenegro is share in the total population, to have tal Freedoms.” 2 proved the use of textbooks in minority lan - a civil, democratic, and ecological state the local self-government authorities, guages and allows 15 to 20 percent of the based on a social justice and the rule of law. state and court authorities carry out Discrimination against ethnic communities teaching to be done in minority languages. But despite the fact that ethnic Montene - the proceedings in the language of mi - has always been a problem in Montenegro; Albanian is used at all educational levels, grins only account for 43 percent of the total nority nations and other minority na - it is particularly widespread in the case of while the education of other minorities, such population, the new official state symbols tional communities”; Roma. Local authorities often ignore or tac - as Bosniaks and Croats, happens within the adopted by the legislature in 2004 and by • “The right to establish educational, cul - itly condone intimidation and abuse of single educational system because their lan - the constitution in 2007 are based on the tural and religious associations, with Roma, some of whom are internally dis - guages are essentially the same. royal standards of King Nikola. To Mon - the material support of the state”; placed persons (IDPs) from Kosovo. In tenegrins he is a national hero, a leader who • “The right to write and use their own 2007, 76 percent of Roma were illiterate, Education in the Albanian language relies managed to establish good relations with name and surname also in their own 80 percent did not speak the local language, heavily on textbooks translated from Ser - powerful European nations and Russia and language and alphabet in the official 90 percent were officially unemployed, 40 bian and devotes little space to Albanian achieved recognition of its nations inde - documents”; percent had no access to public utilities, and history and culture (2.5 percent of the pendence in 1897. However, he was also a • “The right, in the areas with significant 90 percent lived below the poverty level. classes in primary schools and 5.9 percent ruthless leader who embroiled his country share in total population, to have tra - Even though the unemployment rate had in secondary schools). 4 The establishment in a series of wars between 1862 and 1878. ditional local terms, names of streets slightly improved from 95 percent in 2005 of teacher training in Albanian has caused He carried out these wars under the banner and settlements, as well as topographic and 2006, the situation had worsened in tensions between the Albanian community of liberation from the Ottomans, but with signs written in the language of minor - terms of illiteracy and language competence. and the government. At first, the govern - the ultimate goal of expanding Montenegrin ity nations and other minority national An additional problem is police harassment ment opened an Albanian-language section

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2 Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), Honouring of obligations and commitments by Montenegro, Strasbourg, 31 March 2010, http://assembly.coe.int/Documents/WorkingDocs/Doc10/EDOC12192.pdf.

3 Advisory Committee on the Framework Convention for the Protection of National Minorities, Opinion on Serbia and Montenegro, Strasbourg, 27 November 2003 ACFC/INF/OP/I (2004) 002.

4 Minority Issues Mainstreaming: A Practical Guide for European Agency for Reconstruction Programmes, European Centre for Minority Issues (ECMI), 2006. III Albanians in Montenegro - Waiting for Godot? #2067 12 - 14 KORRIK, 2011 in Nikšic in 2003, but Albanians boycotted it, saying it was too far from major Albanian settlement areas. The program reopened in 2004 in Podgorica with 45 students and faculty from the University of Montenegro and the University of Shkoder in Albania.

Political representation of minorities in Montenegro is guaranteed by law. In prac - tice, it takes place both through minority political parties and their inclusion into mainstream parties. Ethnic Albanians, Mus - lims, Bosniaks, and Croats participate in the political process and their parties, can - didates, and voters participate in all elec - tions. In 1998, five out of seventy-eight seats in the Parliament were set aside for Albanian voters. These five seats were to be elected in polling stations in districts populated pre - dominantly by Albanians. In 2005, a total of 11 members of ethnic minority origin were elected to the 75-seat Parliament and three minority members were appointed to cabinet positions. By 2006, the number of ethnic minority members in the 81-seat As - sembly had gone up to 14, but their number in the cabinet dropped to two. In 2007, mi - norities’ political representation improved slightly, with 16 minority members in the Assembly and two in the cabinet. In July 2006, the Constitutional Court struck down a law that would have added reserved seats for Muslims, Bosniaks, and Croats.

GRIEVANCES OF ALBANIANS IN MONTENEGRO

Against this backdrop of minority policy in Montenegro, it is not surprising that the country’s Albanian community has signifi - cant grievances about its situation. The Gov - ernment of Montenegro has failed to change the paradigm of written and unwritten poli - cies of previous regimes, which in substance were designed to colonize lands inhabited by Albanians and squeeze non-majority pop - ulations out of the country. Sadly, these policies have been largely successful, reduc - ing the Albanian population in Montenegro by almost half since their territories were annexed by Montenegro. This decline con - tinues today.

This process has not involved open violence, but was instead managed through demo - Physical Map of Montenegro (Elizon Maps). graphic “engineering”: withholding basic services; confiscating thousands of hectares of land; limiting access to education, em - though the Albanian-populated lands that develop their education systems in the areas tions. From the fifth grade to the eighth ployment, and political participation; en - were annexed by Montenegro pursuant to they live in. However, most of the school grade, students spend just 3 of 120 hours couraging Albanian emigration from Mon - the Treaty of Berlin are clearly delineated textbooks continue to be printed in Slavic in history class studying Albanian history. tenegro; and privileging those Albanians areas with a long history of Albanian culture (Serbian or Montenegrin as it is now called This is equivalent to just 2.5 percent of their willing to renounce their language and cul - and tradition, Montenegro has never sought in Montenegro) and university education is class time. In high schools, the percentage ture. Even those rights guaranteed by Mon - to develop a policy to preserve the Albanian offered only in Slavic. Albanians have long is slightly better: 10 of 170 academic hours tenegro’s Constitution are not realized in language, culture, and heritage in these ar - insisted that denying them university edu - (or 5.9 percent) are dedicated to Albanian practice or are otherwise circumvented by eas. To the contrary, there has been a long cation in their own language has hindered national history. In Slavic schools, Albanian laws (municipality or otherwise) that are tradition of changing the local demography their national development. As previously national history and culture are not taught clearly unconstitutional. The difference be - of these lands by bringing in non-Albanian mentioned, several formal requests by Al - at all. tween law and actual policy is striking in settlers and by putting pressure on the Al - banians to establish a Teachers College in almost every aspect of Albanian life in Mon - banian population to assimilate into Mon - the Albanian language within the University Most Albanian schools are in such de - tenegro. tenegrin culture and society. of Montenegro have been denied by the gov - plorable condition that hardly any meet the ernment. Instead, the government has of - minimum state requirements for holding The Albanian community in Montenegro, fered to open a Department of Albanian classes. The Montenegrin government has so fare, does not harbor any secessionist EDUCATION Studies in a city that has only Slavic speakers done nothing to improve these conditions; claims against the state in which they live, (the University of Nikshiq/Nikšic), rather to the contrary, it has hampered an effort but their desire to play a full and active part Montenegro’s denial of basic minority rights than in Albanian population centers like by the Diaspora in the United States to help in building a liberal, democratic Montenegro is most evident in the education system, Ulqin, Tuz, or Tivar. improve or rebuild some of the schools. In and contributing to its integration into the where everything that is Montenegrin is dis - addition, pursuant to applicable laws and European Union are hampered by the coun - proportionately glorified and almost every - The quality of education in Albanian ele - regulations, the administration of the try’s denial of basic minority rights. thing Albanian is omitted, downplayed, or mentary and junior high schools is very schools and the admission policy is to be actively demonized. As one Albanian puts poor. The curriculum, for example, is es - established and managed by the school Albanians remain second-class citizens in it: “First they teach their children to hate tablished by the state in a centralized man - council. However, in many high schools with many respects and are not accepted as equal ours, then our children to hate themselves.” ner. A very limited number of classes cover mixed nationalities (such as the one in Tuz), members of Montenegrin society. They have Albanian history, literature, music, and arts. the Ministry of Education disregarded the little recognition or protection of their dis - Albanians demand that they should have Albanian students are instead forced to learn council’s decision and opted for offering tinct history, language, and culture. Even equal rights to use their own language and about the history and culture of Slavic na - more classes in the Slavic language. This IV #2067 12 - 14 KORRIK, 2011 Albanians in Montenegro - Waiting for Godot? was done despite the fact that most of the have Albanian origin. Most importantly zens, regardless of their race or origin. While Here are some explicit examples of the mis - students were Albanian and had successfully there are absolutely no signs for Catholic this responsibility is implicitly accepted in uses of Albanian land in Montenegro: passed the entrance exam. Another inter - or Muslim religious buildings or monu - the extensive catalog of national minority esting phenomenon is that, despite the col - ments. rights in the Montenegrin constitution, gov - • The establishment of a new settlement lapse of communism more than 20 years ernment funding for cultural activities of in Karabushko Pole near Tuz for 500 ago, Albanian schools are still named after Another interesting phenomenon is the non-Montenegrin communities is extremely non-Albanian Muslim families from the communist heroes and events, while other “correction” of Albanian surnames from the limited; therefore, the opportunities for Al - northern part of Montenegro; schools across the rest of Montenegro have previously Slavic version into Albanian by banians in Montenegro to pursue any mean - • The Municipality of Podgorica granting been renamed since the 1990s. Requests basically using Albanian pronunciation and ingful government-supported cultural ac - 500 real estate lots to a commercial en - from Albanians to change the names of their the Latin alphabet. The issue stems from tivity are limited as well. Albanians in terprise to solve the housing problem schools have been denied. the time of King Nikola who, upon annexa - Montenegro have no national institutions for its workers. The properties are lo - tion of these territories inhabited by Alba - to develop their folklore, ethnology, and cated in an Albanian- populated terri - nians, forcefully modified their surnames ethnography. They have no national theater, tory near Dinosha and Mileshi, lands THE ALBANIAN LANGUAGE by adding suffices like “ic” or “vic” to make national arts gallery, publishing houses, me - that lawfully belong to Albanian owners them sound Slavic. Regardless of the fact dia centers, or national institute devoted to with valid deeds in their possession. The Albanian language is recognized as an that now all citizens have the constitutional preserving the Albanian language and cul - Albanian landowners have filed law - official language only in Ulqin, which has a right to have their original and unadulter - ture. Except for a weekly newspaper, Koha suits, but the court’s decision has been predominantly Albanian population. In spite ated surnames, some are still denied this Javore , all other publications of books, jour - continually postponed; of the area’s demographics, official docu - right by excuses such as “our computers nals, and magazines have been substantially • The additional granting of land to a ments are issued in the Montenegrin lan - don’t have such letters.” There are still Al - financed through donations contributed by commercial enterprise promising to guage (though some are translated into Al - banians in Montenegro of the same surname foreign organizations, NGOs, and Albanians employ young peasants from all over banian). With the exception of school whose names are listed in two or more ver - from Montenegro living abroad (mostly in Montenegro, although the lot is situated transcripts of students who have attended sions, creating problems with travel docu - the United States). A radio station and a right next to Tuz High School and was Albanian-only schools, no official docu - ments and other official records. television station that broadcast in Albanian, dedicated by the predominantly Alban - ments are issued in Albanian. Bilingualism established by private individuals, are strug - ian community for expansion of edu - in Ulqin is applied only to local institutions, gling to stay on air. cational infrastructure. The Municipal - whereas the state institutions speak only THE ALBANIAN NATIONAL ACADEMY ity of Podgorica ignored the primary Montenegrin. Inter-institutional correspon - AND CULTURAL INSTITUTIONS dedication of this land and the proposal dence in Ulqin is predominantly conducted CHANGES IN THE STRUCTURE to build an elementary school there; in Montenegrin even though the people in - Although Montenegro claims to be a multi - OF ALBANIAN TERRITORIES AND • The allocation of a strip of land called volved are Albanians. cultural state, not one Albanian institution THE ASSIMILATION OF THE Plantazhe to build 170 apartments and in the entire country does empirical research ALBANIAN POPULATION houses along the Tuz-Podgorica road Albanian linguist Haxhi Shabani reached a aimed at gathering, studying, and preserving near a Muslim graveyard. The govern - conclusion in his book, The Endangerment Albanian culture and heritage and present - As already noted, following the provisions ment expropriated this land in 1975. of Albanian Language , that the Albanian- ing it to the world. In addition, the Ministry of the Treaty of Berlin that were ill-fated According to the Law on the Return of speaking population uses the Albanian lan - of Culture and Tourism has not financed for Albanians, one of the primary objectives the Property, the land should be re - guage far less today than it did 10 or 15 any serious cultural or scientific project con - of the Government of Montenegro has been turned to the legitimate owners; how - years ago. This is due in large part to the cerning the Albanian heritage. To the con - to change the existing ethnic structure ever, their demands have been ignored; increasing use of the Montenegrin language trary, tourist brochures and other marketing within annexed Albanian lands. Hundreds • The expropriation of an olive tree or - in written communication. Now the only materials designed to develop tourism in of Slavic families were brought in to colonize chard that has historic significance; it time the Albanian language is used is when Montenegro contain almost no mention of Albanian cities as part of the government’s was used during the Yugoslav regime it is spoken out loud between Albanians. In Albanians and their culture. To the outside plan to mechanically change the demo - as the site for an army base. The army communicating with Montenegrins, Alba - world, Albanians are all but invisible. graphics of both the cities and their subur - destroyed hundreds of olive trees to nians use only Montenegrin, even though ban areas. The goal was to suppress Alban - provide military personnel with luxu - most Montenegrins living in Ulqin under - International standards of minority protec - ian culture until it would simply cease to rious apartments and firewood. Since stand Albanian. Road signs and city names tion, particularly those of European Union, exist. Regrettably such policies, which were the Yugoslav army has gone, the prop - in Albanian-populated areas are mostly in are unequivocal about the fact that it is a in place during King Nikola’s regime (1860– erty has not been returned to its rightful Slavic; in only a few places are they also in government’s responsibility to provide fi - 1918), continued to some extent during the Ulqin owners. Instead it was trans - Albanian. The signs to Orthodox monaster - nancial support for cultural activities that existence of Yugoslavia, and are still prac - ferred to the state. In effect, ownership ies are all in Slavic, although some of them preserve the national heritage of all its citi - ticed in today’s democratic Montenegro. of the Albanian land will now transfer to Montenegrins, Serbs, and others; • The expropriation of the most valuable lands in the Municipality of Ulqin for the purposes of promoting tourism. Lands within the two beaches - Plazhat, Valdanos, Ada, and other parts with potentially rising value were transferred to the state without any compensation to the municipality; and • The most vital enterprise in Ulqin, the salt factory, was also transferred to the state and then privatized so that a close relative of Milo Djukanovic, former prime minister of Montenegro, could become the owner for a negligible price. Apparently, plans are now underway to drain the area and build thousands of high-class condominiums and apart - ments on it without any consideration for sustainable development or ecolog - ical consequences. A World Bank study and other international studies have described this area as ecologically sig - nificant for birds migrating from north - ern Europe. It is one of the resting points for the birds during their winter migration to Africa.

There are many similar efforts designed to change the demography of Albanian-popu - lated areas. Albanians recognize that in a free and democratic society, it’s the right of all citizens to choose where they live, and Montenegro and the territories acquired over the years. Most of the Albanian populated territories were acquired in between 1878 and 1881 (and are shown as that property owners have the right to buy pertaining to year 1878 in this map provided by http://terkepek.adatbank.transindex.ro/). or sell to whomever they want. But Albani - ans object when the state undertakes meas - V Albanians in Montenegro - Waiting for Godot? #2067 12 - 14 KORRIK, 2011 ures designed to change the demography of sibility studies of these factors were inde - which flourished during the civil unrest in in which Albanians are a majority, the these areas without any consideration for pendently conducted in the Malesia-Tuzi former Yugoslavia. Unemployment is high coastal zone under the control of the gov - the local inhabitants and sustainable devel - region. Both confirmed that the region sat - throughout the country, but Albanians are ernment extends 2.5 kilometers inland. opment. isfies all the historical, legal, economic, and suffering the most due to a lack of access to However, in other cities along the Montene - other criteria prescribed by law for it to be - government jobs. Over 20 percent of Mon - grin coast, the state’s control extends just come an independent municipality and a tenegrins are employed by the state, as com - six meters inland. Because of this discrimi - THE DECENTRALIZATION PROCESS local self-governing unit. Moreover, under pared to only 10 percent of Albanians, which natory law, the most beautiful parts of AND LOCAL SELFGOVERNANCE the Constitution of Montenegro and inter - are employed mainly in Albanians-popu - Ulqin’s coastal area (i.e., Ada, Valdanosi, national conventions for the protection of lated municipalities and localities. Albanians Long Beach, the Buna River) are expropri - Following the collapse of communism and human rights and civil liberties, members are underrepresented in the department of ated from the municipality and are being the implementation of democratic principles of national and ethnic groups are guaran - justice, internal security, and certain min - sold by the government with 99-year leases. in Montenegro, Ulqin was the country’s first teed the preservation of their national, eth - istries. This is contrary to the international Similar discrimination is found in the draft municipality to establish a democratically nic, lingual, cultural, and religious identities. norms to which Montenegro has subscribed of the “Law for the Territorial Organization elected local government. However, to coun - Albanians strongly believe that in the region and a major concern for Albanians. Quali - in Montenegro” in which Albanians in Tuzi teract Ulqin’s newly acquired municipality of Malesia-Tuzi, which is populated pre - fied Albanians are employed mainly by the are denied the right to reinstate their town rights, the state of Montenegro enacted laws dominately by ethnic Albanians living on educational and informational institutions as an independent municipality. that essentially centralized the rights of local the land of their ancestors, these protections within the Albanian sector and rarely by the governments and stripped the municipali - can best be assured by affording citizens state institutions of Montenegro. Abuse of the law is also evident in the pri - ties of many competences and rights that the right—guaranteed to them under the vatization process in which local authorities should fall under their authority. While this Constitution of Montenegro—to form their Despite the current economic difficulties, are hardly involved and ownership rights centralizing move by the government may own municipality and assume responsibility Montenegro has tremendous potential to are essentially ignored. One example of this have had some plausible explanations, it is for their own governance and affairs. develop its economy, particularly tourism abuse of power is the privatization of a pro - economically and politically harming to the and related sectors of the economy. The duction facility and 500 hectares of land, Albanians in Montenegro. For example, the Regardless of these facts, the central gov - Montenegrin government has managed to sold at 6 cents per square meter to a relative Municipality of Ulqin—the only municipality ernment has ignored several applications attract foreign investors including Russians, of Milo Djukanovic, the former Prime Min - governed predominately by Albanians—has and written requests by Albanians for the western Europeans, and Canadians, who ister, according to the factory workers and no authority to manage, explore, and di - formation of the Malesia municipality with recently bought properties along the Adriatic the local population. Despite the fact that rectly benefit from its natural resources. its center in Tuz. This is a typical example coast, supposedly for building high-class re - the area surrounding the factory is wetlands Ulqin also has no authority over its judicial of the double standard used by the Mon - sorts for celebrities and other wealthy indi - with significant importance to the European system, education system, health centers, tenegrin government when dealing with eth - viduals. While these plans are admirable bird migration, the owner wants to build or police departments. These are just a few nic Albanian issues vis-à-vis those of ethnic and promising, such plans should also in - high-priced homes and condominiums of the municipal matters over which the lo - Montenegrins. For example, the govern - clude Albanian-populated areas, which com - there, completely altering the ecological and cal Ulqin government has no control. The ment approved the municipality of An - pose the most beautiful part of the coast. demographical makeup of the area. A num - municipality’s powers essentially consist of drievica, a city entirely populated by Slavic Rural areas are still a major concern for Al - ber of the hotels that were supposedly pri - collecting sales taxes and maintaining the inhabitants that has a much smaller territory banians in Montenegro. Without govern - vatized lay dilapidated or demolished, and city’s sanitation systems. and fewer resources than Tuzi and Malesia. ment intervention to develop these areas no one knows whom to hold accountable. and bring economic opportunities to the Local citizens were left out of investment Ulqin’s authority was much stronger during people living there, high emigration rates opportunities, except during initial privati - the communist regime. Directors of all state ECONOMIC UNDERDEVELOPMENT will continue until these areas are com - zations when workers received vouchers institutions are now appointed by the central pletely empty. Regrettably, that has already representing their share of the enterprise, government without local input and with During the Ottoman Empire’s occupation, become a reality in many Albanian villages. based on government-approved formulas. minimal consideration for the professional the well-established trade and artisan in - Enterprises were then intentionally mis - capacities of the appointees. Decisions re - dustries in Montenegro’s Albanian-popu - managed to make the vouchers essentially garding appointments to state institutions lated regions made them some of the most BIASED APPLICATION OF LAWS worthless. That way the informed investors are primarily based on appointees’ political developed areas in the state. Unfortunately with government connections could acquire affiliations. Similarly, appointments that lo - a long history of little or no investment in Montenegro has enacted a number of im - them for a nominal value. Albanians from cal governments are responsible for filling the development of these areas has allowed portant laws that on the surface meet in - Diaspora who submitted bidding proposals have become bargaining commodities for them to slip into poverty. Likewise, the in - ternational standards, but are either not were all turned down for one reason or an - local political parties in order to form coali - dependence of Montenegro and its democ - fully implemented or are circumvented by other; (e.g., due to an offer to acquire Hotel tions. ratization process did not bring much other statutes or local municipality laws. Otrant, equity ownership in Otrant Komerc). change for the Albanians living there. In The gap between what is legally declared Albanians in other Albanian-populated ar - fact, it made things worse in many respects, through laws and what is implemented in eas have not been able to establish or reor - completely ruining what few enterprises had practice is evident in every aspect of life in VIOLATIONS OF HUMAN RIGHTS ganize their own communities, although previously been productive. Albanians were Montenegro. AND CIVIL LIBERTIES such rights are constitutionally guaranteed, thus left with few choices in order to survive: representing a basic step toward self-gov - use Albanian generosity to help one an - The biased application of laws affects everyone In a society with developed civil rights, ju - ernance. The law on local self-government other—including relatives living abroad— in Montenegro, but Albanians are affected the dicial process is based on the democratic states that local populations are guaranteed or emigrate in search of a better life. most. For example, following the referendum value that an accused person is innocent the right to participate in decisions con - on independence (which included significant until proven guilty, not guilty until proven cerning their own needs and interests. The The municipality of Ulqin provides a good contributions from Albanians), the Constitu - innocent. The case of “Operation Eagles’ organization of local communities is deter - example of this economic destruction. Ho - tional Court on July 17, 2007, revoked two Flight” involving the arrest of several mem - mined both by the Constitution of Mon - tels that were once full of European tourists important paragraphs of the “Law of Minority bers of an alleged terrorist cell in Malesia is tenegro and the laws of the Republic. It is are now dilapidated or have been demol - Rights and Freedoms.” This law had guaranteed an example of how Montenegro has violated important to recognize that, pursuant to ished. Other enterprises were privatized; representation of Albanians in the Montenegrin judicial process: the state allowed the media Montenegro’s law on local self-governance, essentially their assets were sold through Parliament. But the court declared that estab - to publish state evidence against the accused a municipality can be established where cer - political connections at nominal values, forc - lishing a system of guaranteed representation before the trial began in order to impact the tain prescribed conditions for realizing the ing businesses to fail. Municipalities’ most for minority groups is unconstitutional because public’s opinion. rights and duties of the local inhabitants, valuable real estate has been expropriated the articles are inconsistent with the principle their immediate and mutual interests, and by the state and is being sold to investors of equality enshrined in the 1991 Montenegro Just days prior to the 2006 election on Sep - their economic and social development are through long-term leases and other arrange - Constitution. Considering the wording of the tember 9, the Montenegrin Special Police met. ments—without local consent or direct com - new constitutional text in 2007, a system of and fully armed SWAT teams apprehended pensation to the municipalities. Similar con - reserved seats must not be considered uncon - fourteen Albanians , including three who In establishing a municipality, important ditions are prevalent in other Albanian areas stitutional; but so far, the dispositions of national had dual American citizenship and who at starting points to consider include: the his - including Tuz, Kraje, Plave, and Gusi, where minorities’ political representation have not the time were on vacation visiting their toric development and traditions of the re - previously profitable enterprises have been reintroduced. birthplace. According to media reports, dur - gion; whether the proposed municipality ceased operations. In all fairness, the same ing this action, the men and their families— represents a geographically and economi - has happened with other enterprises Another example of an unfairly applied law including seniors, women, and children— cally integrated entity vis-à-vis the local throughout the country. is the law known as Morsko Dobro , which were physically abused and also robbed by population; the number of inhabitants in means “sea wealth.” The law purports to the police. The next day, the government the area; the organization of services of im - The economic state of Montenegro today is regulate the development of the coastal released a statement to the press stating mediate interest to the local population; a growing concern. There is hardly any pro - zone. On the surface, this is a good law, but that the men were part of a terrorist group natural gravitation toward a civic center; duction; the country relies almost exclu - one can argue that it is also an unconstitu - that was preparing to overthrow the gov - development and economic conditions; and sively on tourism and trade, including the tional mechanism designed to allow the cen - ernment. For three months they remained other reasons or conditions important to sale of real estate and other assets. The ab - tral government to exploit municipality and in prison without being charged with any the citizens of the area for the realization of sence of a functioning economy gives rise private lands without fair (or any) compen - criminal offense, and yet they were routinely their mutual interests and needs. Two fea - to corruption and the black market, both of sation to municipalities. In the city of Ulqin, identified in the Montenegrin press as “ter - VI #2067 12 - 14 KORRIK, 2011 Albanians in Montenegro - Waiting for Godot? rorists,” thus violating their presumption trend, it is probably even lower by now. Similar sembles a confederal arrangement, but also economically; the picture is quite similar. of innocence. During this time, they were phenomena have occurred in other areas such has increasingly clear federal characteristics. Among the region’s national minorities, Al - humiliated, beaten for hours at a time, as Malesi, Kraje, Shestan, and Ana e Malit. banians in Greece, Greeks in Albania, and forced to remain in various positions for Many rural towns have been abandoned due Federation: extensive self-rule with Serbs in Croatia are the only three groups prolonged periods of time, and starved for to a lack of resources and economic viability. institutionalized shared rule. In con - that do not enjoy any particular form of ter - days. No one knows exactly why they were trast to confederation, this implies a con - ritorial self-governance. On the other hand, arrested and what the government’s moti - stitutionally entrenched structure in which Albanians in Macedonia and Serbs in vation was for apprehending them. * * * the entire territory of a given state is divided Kosovo benefit from extensive decentral - into separate political units, all of which en - ization arrangements; Bosniaks and Croats When the Montenegrin government finally Albanian grievances about their situation joy certain exclusive executive, legislative, in the Federation of Bosnia and Herzegovina filed formal charges, they did so against the in Montenegro are very real; they stem and judicial powers independent of the cen - and Hungarians in Vojvodina have federacy entire group for “planning crimes of terrorism partly from history and partly from the cur - tral government. The most commonly cited arrangements in place; and the State of and insurrection,” yet according to court pro - rent situation in the country. But rather contemporary example of a successful pluri - Bosnia and Herzegovina is itself a federa - ceedings, the government failed to produce a than seeking to point the finger of blame in national federation is Canada. Recent de - tion. single piece of conclusive evidence. Moreover, any direction or look back in history, the velopments in Belgium, as well as the pro - it is not clear why the government initiated purpose of this paper is to offer options for longed inability to form a federal Territorial self-governance is only a mean - this action or which branch of the government a constructive and sustainable solutions to government, have cast some doubt over the ingful mechanism to manage population di - authorized these arrests. Some believe that this these problems. Hence, the next part of this long-term viability of that federation, even versity if it involves substantial compe - incident was fabricated to break the link between paper looks to comparable cases in the though there is no suggestion of a violent tences. In this sense, the specific nature of the Albanian-American Diaspora and the Alban - Western Balkans and beyond to identify po - disintegration. Historically failed federations the arrangement is less important: federa - ian community in Montenegro. The growing tentially suitable models for addressing Al - are those of Yugoslavia, the Soviet Union, tions can be highly centralized with few real strength of this link emerged in an effort by the banian concerns in Montenegro. and Czechoslovakia. competences in the purview of the federal residents of Albanian-inhabited Malesia to entities, while decentralization can be de - reclaim the municipal status of Tuzi, which Federacy arrangement: constitution - signed in such a way that it provides for was taken away by the Montenegrin govern - THE MANAGEMENT OF POPULATION ally entrenched extensive self-rule very substantial autonomy in decision mak - ment in 1957. Whatever the case may be, this DIVERSITY IN THE WESTERN for specific entities . The main distinction ing for local communities. The latter point action was a degrading act by the Montenegrin BALKANS AND BEYOND: between a federacy arrangement and a fed - is well illustrated by Kosovo and Macedonia, government. Acts of this nature are not in the A COMPARATIVE PERSPECTIVE eration is that the former enjoys similar where local administrations enjoy wide- best interest of the country and they hamper powers and constitutional protection as fed - ranging powers within their respective con - efforts of those who are working to build a Albanians in Montenegro are a national mi - eral entities, but is distinct in that it does stitutional and other legal frameworks. multiethnic state, including most of the Albanian nority living compactly as a local majority not necessitate territorial subdivisions These additional frameworks include com - population. Moreover, this type of measure in their historical homeland. This homeland across the entire state territory. In other petences for education, economic develop - can evoke further animosities between Albani - is adjacent to the border of their kin-state, words, federacy arrangements are a feature ment, and various aspects of cultural policy ans and Montenegrins. If Montenegro intends Albania. Given the trajectories of European of otherwise unitary states. Examples in - such as maintaining links with and receiving to be a democratic country, its government has history, this is far from a unique situation. clude the Åland Islands (Finland), South support from their respective kin-states. At a responsibility to adhere to the rule of law and Similar circumstances also apply to French- Tyrol (Italy), Gagauzia (Moldova), and the same time, the most successful device to protect the freedoms and human rights of speakers in Italy, Germans and Lithuanians Crimea (Ukraine). for managing (and preventing) potentially all its citizens regardless of their race or ethnic - in Poland, Hungarians in Slovakia, Serbs in violent conflict in such cases has historically ity—especially with regards to its large ethnic Kosovo, and Swedes in Finland. These and Devolution: extensive self-rule for been a federacy arrangement (i.e., consti - Albanian population living in the land of its other cases offer important insights into specific entities entrenched in ordi - tutionally entrenched extensive self-rule for ancestors. how different countries manage such in - nary law. Like federacy arrangements, national minorities). stances of population diversity within a lib - devolution can be applied to selected terri - eral democratic context. tories in a unitary state. In contrast to fed - EMIGRATION erated entities, however, the degree of legal POWER SHARING Apart from a general commitment to non- protection is weaker in the sense that it is Albanians in Montenegro have been strug - discrimination and human and minority easier to reverse, and it extends only to pro - As noted earlier, territorial self-governance gling to protect their identity from the day rights (which are relatively standard mech - tection by regular laws versus constitutional is not the only mechanism by which popu - their lands became part of Montenegro in anisms for the management of population ones. The primary example here is the lation diversity can be managed successfully. 1878. Immediately following the annexation, diversity and are enshrined in constitutions United Kingdom with its four devolution In order to contribute to a sustainable set - a large number of Albanians moved to across the region and beyond, albeit with settlements (London, Northern Ireland, tlement of potential conflicts, the self -rule neighboring cities in Albania, such as varying levels of policy implementation), Scotland, and Wales). Northern Ireland en - that it implies is normally combined with Shkoder, Durres, and Lezhe. According to two other mechanisms have been widely joys additional international legal protection measures of shared rule. Power sharing is Dr. Nail Draga’s testimony to the Congres - applied: territorial self-governance and of its status through the Agreement between thus another important dimension of en - sional Human Rights Caucus on October power sharing. In the majority of relevant the Government of the United Kingdom of suring that minority communities can 20, 2003, this emigration was massive. For cases, groups demand a certain level of ter - Great Britain and Northern Ireland and the meaningfully participate in managing both example, 413 households with more than ritorial self-governance and meaningful par - Government of Ireland (the so-called Belfast their own affairs and the overall develop - 3,000 family members moved to Shkodra ticipation in the wider policy process in or - Agreement of 1998), to which the Northern ment of the states in which they live. from Ulqin between 1878 and 1880. Ulqin der to have greater control over their own Ireland Agreement was appended. lost 35 percent of its population, which affairs and the development of their country. Power sharing in Western Balkan countries caused a sizable shift in the demographic Decentralization: executive and ad - happens both at the local level (that is, in makeup of that city and damaged its econ - ministrative powers at the local level. ethnically diverse self-governing territories) omy. The Montenegrin government wel - TERRITORIAL SELFGOVERNANCE Guided by the principle of subsidiarity, de - and at the national level. Power sharing comed this Albanian exodus since it planned centralization refers to the delegation of ex - mechanisms include guaranteed represen - to bring thousands of Slavic families to Ulqin As a mechanism to manage population di - ecutive and administrative powers to local tation in the government and/or parliament as colonists to change the ethnic structure versity, territorial self-governance has been levels of government. It does not include of a self-governing entity. Such is the case of the city and its surrounding areas. widely applied across Europe. Five different legislative competences. Recent examples in the Federation of Bosnia and Herzegovina forms of territorial self-governance can be of the application of this form of TSG as a and the District of Brko, where certain Political pressures exerted on Albanians during found: mechanism of conflict resolution in divided decisions are also subject to qualified or the existence of Yugoslavia was coupled (as societies include Macedonia (under the 2001 concurrent majority voting. As far as power noted above) with economic deprivation, caus - Confederation: extensive self-rule Ohrid Agreement) and Kosovo (under the sharing in central government institutions ing a mass emigration immediately after World without institutionalized shared terms of its 2008 constitution and related is concerned, guaranteed representation in War II and again throughout the 1970s, 1980s, rule. This is an empirically rare form of “Athisaari legislation”). the central government is a feature of the and 1990s. There are no statistics on the number voluntary association by sovereign member power-sharing arrangements in Bosnia and of Albanians from Montenegro who live abroad, states that pool some competences (e.g., de - Apart from these examples, the broader Herzegovina, Kosovo, and Macedonia. Qual - but the number is undoubtedly larger than fense, foreign affairs, and currency man - trend across Europe is that 50 national and ified or concurrent majority voting proce - that of those living in Montenegro, according agement) without giving executive power other minority groups have in the past de - dures apply to a limited number of decisions to Diaspora estimates and listings. Most Alba - to the confederal level of government. Rel - manded some form of territorial self-gov - in these three cases as well. nians from Montenegro live in the United evant examples include Serbia and Mon - ernance, of which 36 have some such status: States, predominately in Detroit, Chicago, and tenegro under the terms of the 2003–2006 There are nineteen federacies, seven decen - The combination of self-rule and shared the Tri-State area of New York, New Jersey, constitution (which was never fully imple - tralization arrangements, five federations, rule has almost become a standard now for and Connecticut. Such mass emigration has mented), and Switzerland between 1291 and and three devolution arrangements. managing a wide range of minority conflicts changed the ethnic structure within most Alban - 1848 (Switzerland formally retains the term involving geographically compact commu - ian-populated areas. For example in Plave and confederation in its official name; function - Looking more specifically to the Western nities. Older examples include Belgium (and Gusi, the Albanian percentage of the total pop - ally, however, it is a federation). The rela - Balkans region in which Montenegro and within it Brussels) and South Tyrol (with ulation has dropped from 83 percent in 1908 tionship between Republika Srpska and the its Albanian community are deeply embed - its nested consociations at the provincial to just 21 percent in 1991. Based on the past Federation of Bosnia-Herzegovina also re - ded historically, politically, socially, and and regional levels). Both of these examples VII Albanians in Montenegro - Waiting for Godot? #2067 12 - 14 KORRIK, 2011 stand out for their longevity (the recent pro - petences and possibly differential sta - arrangements already provide for Albanians to right and practice is now widely recognized tracted government formation in Belgium tuses in terms of the powers they exer - have reserved seats in the Parliament of Mon - is also demonstrated by the fact that the notwithstanding). More recently, Gagauzia cise (similar to Iraq). In this scenario, tenegro, there is at present no arrangement for OSCE High Commissioner on National Mi - in Moldova has had an arrangement in place all Albanian-majority districts could their participation in government or for any norities has issued its Bolzano Recommen - since 1995 under which senior officials from become part of a single region, recog - formal role in Parliament (such as speaker or dations, which deal with precisely this issue. the autonomous government are co-opted nizing their historically rooted distinc - deputy speaker positions, or the chairmanship into the national government. Farther afield, tiveness and constitutionally entrench - of parliamentary committees). Given the ethnic The constitutional entrenchment of these the 2005 constitution of Iraq involves ing this kind of self-governing status. diversity of Montenegro as a whole, specific competences and of adequate central gov - power-sharing mechanisms, as do provi - Other regions could be created to in - provisions just for Albanians to be represented ernment funding for their exercise is equally sions under the 2006 Comprehensive Peace corporate Serbian-majority and Mon - in this way may not be feasible, but a broader important for the proper functioning of de - Agreement for Nepal. Power-sharing and tenegrin-majority districts, possibly set of provisions might specify that particular centralization arrangements and thus for territorial self-governance arrangements more than one for each community to posts or a proportion thereof be filled by mem - their overall contribution to the constructive also operate in Bougainville (Papua New achieve approximate equity between bers of national minorities. A different strategy management of population diversity. Guinea) and have made a significant con - regions in terms of their population for selecting chairs of parliamentary committees tribution to conflict management in Sudan size. In such an arrangement, Podgorica could be the application of a mathematical for - under the 2005 Comprehensive Peace could also become a region; capital mula, like the d’Hondt system, which offers a GUARANTEES Agreement. cities often have special territorial sta - sequential method for selecting chairs based tus (e.g., Washington, DC; London; on the strength of political parties in a parlia - No system of territorial self-governance and Berlin; Canberra). These regions could ment. no allocation of competences can fully en - A MODEL FOR MONTENEGRO: be represented in a special chamber of gender the support and commitment of na - STATUS, COMPETENCES, parliament, or representatives of their Moreover participatory power sharing could tional minorities unless it is secured by AND GUARANTEES governments could be co-opted into be extended to parliamentary decision-making proper guarantees in a country’s constitu - the national government in order to procedures, requiring qualified majorities for tion and other domestic legal orders, as well As the illustrative overview of grievances complement self-rule with shared rule. the passage of legislation affecting in particular as international law, where relevant. among Albanians in Montenegro has indi - (This option may require a redrawing minority communities, such as legislation on cated, the situation in this country is far of local/municipal borders.) language, education, or cultural policy matters. In line with the options for a sustainable from satisfactory. Albanians’ identity as a • A federacy arrangement specifically To the extent that specific legislation affects approach to managing population diversity community here is seriously threatened by aimed at a single territorial entity com - particular municipalities, concurrent majorities in Montenegro, the proposed institutional a number of interrelated factors including prising all Albanian-majority districts could be required; that is, legislation would arrangements that require guarantees go to the denial of citizens’ rights and protection (possibly after a redrawing of local gov - only be passed if supported also by a majority the core of the Albanian community’s con - from discrimination, lack of meaningful op - ernment borders). Such single-federacy of deputies representing the constituencies cerns: territorial self-governance, two di - portunities for political participation, eco - arrangements have traditionally affected. mensions of power sharing (representation nomic underdevelopment, assimilation worked well in places like the Åland Is - in the core institutions of the state and the pressures, and steady emigration. While the lands in Finland, offering wide-ranging This could also apply to the ownership, ex - rules that govern decision-making proce - mistreatment of Albanians in Montenegro autonomy (self-rule) and combining it ploitation, and sustainable management of dures there), and human and minority rights goes back generations and there is a histor - with specific mechanisms of coordina - natural resources—a key issue for Albanians provisions. ical dimension to it, bemoaning past injus - tion and cooperation with the central in Montenegro—and special arrangements tices will not help bring about meaningful government (the Åland Delegation). Al - should be put in place to give local munici - When it comes to guarantees for territorial reforms moving forward. More importantly, ternatively, or additionally, co-optation palities a say in these matters. While own - self-governance arrangements, the specific contemporary opportunities need to be cre - could ensure an appropriate level of ership should be shared by all Montene - nature of arrangements is less important ated and explored to improve the situation shared rule to anchor the self-governing grins, local municipalities should be able than how they are institutionalized. The two of Albanians in Montenegro and also to entity firmly in the common state, as it participate in decisions on how natural re - most common channels for doing so are a make Montenegrin democracy fit for the has in Gagauzia in Moldova. sources are exploited. They should also re - state’s constitution and ordinary legislation. challenges of the 21 st century. Potential ben - • Decentralization would require no par - ceive a fair share in revenues gained and For example, the 2001 Ohrid Framework efits include Montenegro’s aspiration for ticular changes to the current territorial have significant input into policies that en - Agreement for Macedonia includes the fol - induction into the European Union, an as - organization of Montenegro in princi - sure the sustainability (and renewal, as it lowing provision: piration widely shared across all of its com - ple. However, it would require that: the applies) of these resources. munities. existing law on the territorial organi - A revised Law on Local Self-Government zation of Montenegro give due consid - will be adopted that reinforces the powers The problems that the Albanian community eration to the formation of Albanian- COMPETENCES of elected local officials and enlarges sub - experiences relate to questions of status, majority municipalities 5 and that it be stantially their competencies in conform - competences, and meaningful guarantees implemented and applied in a fair and The earlier overview of grievances that Albani - ity with the Constitution (as amended in for a fully implemented legal framework equitable manner; that substantial and ans in Montenegro have with their current sit - accordance with Annex A) and the Eu - that regulates status and competence issues. meaningful competences be assigned uation provides a reasonable guide to the com - ropean Charter on Local Self-Govern - The comparative experiences that other to municipalities; and that these petences that will need to be assigned to one or ment, and reflecting the principle of sub - countries have had in managing population arrangements be properly guaranteed more self-governing, Albanian-majority entities. sidiarity in effect in the European Union. diversity offer examples of what might be in the Constitution and legal order of Territorial self-governance can only be mean - Enhanced competencies will relate prin - considered sustainable approaches to man - Montenegro. While Albanians, under ingful and sustainable as far as managing pop - cipally to the areas of public services, ur - aging the challenges that have arisen in this option, would not be able to form ulation diversity if it involves substantive and ban and rural planning, environmental Montenegro. a single self-governing entity incorpo - well-resourced competences. Comparative prac - protection, local economic development, rating all or most members of their tice offers a reasonable guide to the kinds of culture, local finances, education, social community in Montenegro, they would competences that self-governing entities should welfare, and health care. A law on financ - STATUS: TERRITORIAL gain significantly enhanced status and acquire: public services, urban and rural plan - ing of local self-government will be SELFGOVERNANCE AND control over their own affairs (provided ning, environmental protection, economic devel - adopted to ensure an adequate system POWER SHARING that meaningful competences are as - opment, finances (including the right to decide, of financing to enable local governments signed to municipalities). Moreover, in collect, and spend municipal revenues and to fulfil all of their responsibilities. Given the size and territorial concentration line with similar provisions in Kosovo, receive appropriate funding from the central of the Albanian population in Montenegro, it should be left to municipalities to co - government), communal activities, culture, This provides guarantees for territorial self- as well as the overall ethnic and territorial operate with each other in the execution sport, social security and child care, education, governance at several levels and in different demography of the country, the most con - of some or all of their competences, and health care. Depending on the nature of ways. First, it prescribes the specific nature of structive approach to the question of status thus creating opportunities for Alban - the arrangement chosen, competences may the self-governance arrangement as local self- for the Albanian community is to find a fea - ian-majority municipalities (as well as also extend to inter-municipal and cross-border government (rather than as, for example, a sible and viable territorial self-governance others) to work more efficiently and ef - cooperation. federation). Second, it anchors the extent of arrangement. Bearing in mind the different fectively for the well-being of their cit - competences for local self-government by listing options available (from confederation to de - izens. Enabling minorities to maintain cross-bor - them and by making reference to two regional centralization), here are three options that der contacts with their ethnic kin is a very standards: the European Charter on Local Self- deserve closer examination: Beyond the few power-sharing mechanisms important competence for national minori - Government and the principle of subsidiarity touched on above in relation to the regional - ties and is widely practiced across Europe. in effect within the European Union. Third, it • A territorial reorganization of Mon - ization and federacy arrangements, additional So too is allowing minorities to receive sup - provides a further guarantee in the form of tenegro that introduces large regions provisions can and should be introduced regard - port for their various concerns (e.g., educa - specific constitutional amendments, also as intermediate layers of governance less of the precise nature of the self-governance tion, cultural development, preservation of detailed in the Ohrid Framework Agreement (similar to Spain) with exclusive com - arrangement eventually adopted. While current their native language). The fact that this as follows:

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5 The relevant provisions of this law could be phrased in a manner that they apply more generally to reflect local population preferences rather than exclusively to the Albanian community. VIII #2067 12 - 14 KORRIK, 2011 Albanians in Montenegro - Waiting for Godot?

direct applicability of international agreements and ABOUT THE AUTHORS Article 114 (5) Local self-government is regulated instruments in the area of human and minority rights by a law adopted by a two-thirds majority vote of and is given priority over provisions of laws and other Cafo Boga is a senior executive with a the total number of Representatives, within which acts of public institutions, including: stellar professional career spanning mul - there must be a majority of the votes of the total tiple industries including public account - number of Representatives claiming to belong to • The Universal Declaration of Human Rights; the ing, banking, investments, information the communities not in the majority in the popula - European Convention for the Protection of Human tion of Macedonia. The laws on local finances, local Rights and Fundamental Freedoms and its Pro - technology, business process outsourc - elections, boundaries of municipalities, and the city tocols; ing, and real estate. In 2001, i-flex solu - of Skopje shall be adopted by a majority vote of the • The International Covenant on Civil and Political tions, ltd. (an Indian software company Representatives attending, within which there must Rights and its Protocols: and a subsidiary of Citigroup) recruited be a majority of the votes of the Representatives • The Council of Europe Framework Convention him to establish operations in the United attending who claim to belong to the communities for the Protection of National Minorities; States and Canada. Mr. Boga served as not in the majority in the population of Macedonia. • The Convention on the Elimination of All Forms the company’s chief operating officer of Racial Discrimination; and chief financial officer, and was a member of its Board of Directors Article 115 (1) In units of local self-government, cit - • The Convention on the Elimination of All Forms until 2009. In this capacity he spearheaded finance and operations for izens directly and through representatives partici - of Discrimination Against Women; what became a $250 million–plus company providing software solutions pate in decision-making on issues of local relevance • The Convention on the Rights of the Child; and particularly in the fields of public services, urban • The Convention against Torture and Other Cruel, and services to the financial service industry in the United States, and rural planning, environmental protection, local Inhumane or Degrading Treatment or Punish - Canada, and South America before the company was acquired by economic development, local finances, communal ment. Oracle. Mr. Boga currently leverages his business expertise to perform activities, culture, sport, social security and child business consulting and to handle real estate investments. care, education, health care and other fields deter - The direct applicability of these international instruments mined by law. often includes the application of their respective monitoring Mr. Boga’s career includes expertise in domestic and foreign bank op - and reporting mechanisms, as well as access to complaint erations as well as corporate management. He has leveraged a breadth While the revised Article 115 (1) constitutionally en - procedures and legal redresses within the national and of financial and corporate acumen to deliver achievements in high- trenches the competences of local self-government international judicial system. This can serve as a further level transactions such as new business start-ups, corporate acquisitions units, Article 114 (5) provides guarantees by deter - mechanism for guaranteeing the full and faithful imple - mining the procedures according to which relevant mentation of agreed provisions, as well as for dispute res - and integrations, and infrastructure development, including all aspects laws are adopted (or amended), including by quali - olution. of financial and operational management. He has conducted business fied-majority and concurrent-majority votes in Par - in Canada, England, India, Chile, and all the Balkan countries. As a mul - liament. Depending on the precise nature of the governance arrange - ticultural executive, he speaks fluent Albanian and Serbo-Croatian, as ments eventually adopted for an enhanced management well as basic Russian, Italian, Slovenian, and Spanish. The latter procedures cross over into political institutions of population diversity in Montenegro, a significant range governing the participatory dimension of power-sharing of options exists for guaranteeing the proper implementa - Mr. Boga has been a highly visible leader in the community, the founder arrangements. Similar procedures are enshrined, for exam - tion and sustainability of these arrangements. These options of Albanian-American Culture Foundation, and a charter member of ple, in the 1998 Agreement on Northern Ireland and a should include a constitutional anchoring for minority the National Albanian American Council. For the past 14 years, he has range of other settlements. These procedures often apply rights, including references to relevant international instru - been a member of the Board of Albanian-American Enterprise Fund— to core issues of vital interest to specific communities (also ments, specific provisions for the status and competences referred to as vital interest legislation ). Yet power sharing of self-governing entities in the Constitution and relevant a prestigious appointment he received from former U.S. president Bill also has a representation dimension: rules and regulations legislation, and provisions that require qualified or con - Clinton. He currently serves on the Board of the Albanian American governing the representation of different parties within current majorities to change these constitutional and/or Development Foundation, the Albanian American Chamber of Com - different institutions of government, such as the legislature, other legal provisions to this effect. Mechanisms and pro - merce, the International Virtual e-Hospital Foundation, and the EDEN executive, judiciary, civil service branches, or armed forces. cedures for dispute avoidance and dispute resolution II School for Autistic Children. The Constitution of Kosovo, for example, guarantees should also be created, such as a parliamentary commission minorities’ representation in Parliament, the central gov - to preview any legislation that might have an impact on Born in Montenegro of Albanian descent, Mr. Boga was always interested ernment, and local governments. members of minority communities and a specific mandate in the plight of Albanians in Montenegro and has previously written for the constitutional court to resolve disputes over the on this topic. By teaming up with a world-renowned expert on ethnic A third area of sustainable management of population exercise of competences between the central government diversity concerns human and minority rights provisions. and the self-governing entities. conflict resolutions, Stefan Wolff, he hopes that together they can con - Guarantees here often occur in multiple forms simultane - tribute to broader reforms for the benefit of everyone in Montenegro, ously, including human and minority rights laws, special including Albanians who have lived in this region since antiquity. domestic and possibly international oversight mechanisms, CONCLUSION direct applicability or incorporation into domestic legislation Mr. Boga holds a Bachelor’s in business administration from Bernard of international and regional standards, and, where appli - While focused on the Albanian community in Montenegro, M. Baruch College, City University of New York. He is also a certified in - cable, direct access to relevant international courts. Such the intention of this paper is not to create an exclusive ternal auditor and a certified public accountant. guarantee mechanisms are built into the 1995 Dayton “Albanian arrangement” in Montenegro, but rather to Peace Accords for Bosnia and Herzegovina. Apart from contribute to a broader reform of governance arrangements the broad guarantees built into the General Framework for the benefit of all of Montenegro’s communities. How - ______Agreement on Peace, the Constitution of Bosnia and ever, the authors do not presume that this offers a blueprint Herzegovina (Annex 4) provides for the direct applicability solution that can be uniformly applied across Montenegro. of various human and minority rights mechanisms, as Stefan Wolff is a political science pro - does the European Convention for the Protection of Human Having analyzed the current situation in Montenegro, fessor at the University of Birmingham. Rights and Fundamental Freedoms and its Protocols and itself partly a consequence of previous conflicts that stretch He is a specialist in contemporary secu - the European Charter for Regional or Minority Languages. back almost a century, and the grievances that Albanians rity challenges and has written exten - in the country therefore rightly have, we have emphasized sively on ethnic conflict, international A separate Agreement on Human Rights (Annex 6) provides the importance of looking forward rather than backward, conflict management, and state build - for the establishment of a Human Rights Commission, of finding a constructive approach to solutions that are ing. Among his 15 books are Ethnic Con - consisting of a human rights ombudsman, initially appoint - sustainable into the future rather than apportioning blame flict: A Global Perspective and The Euro - ed by the OSCE Chairman-in-Office, and a Human Rights for past and present failures. Chamber, eight of whose fourteen members were initially pean Neighbourhood Policy in Perspective appointed by the Committee of Ministers of the Council of The analysis and recommendations in this paper are (2010, with Richard Whitman). Europe. These eight were to come from countries other meant to compose one particular set of options, rather than Bosnia and Herzegovina or its neighbouring states. than represent the only prescription for future gover - Bridging the divide between academia and policymaking, Mr. Wolff Annex 6 also issued an invitation to “the United Nations nance arrangements in Montenegro. They are pre - has been involved in various phases of conflict settlement processes Commission on Human Rights, the OSCE, the United sented as they relate to Montenegro’s Albanian com - in Sudan, Moldova, Sri Lanka, and Kosovo. He is the author of the Hand - Nations High Commissioner for Human Rights, and other munity, and within a context of current minority book on Power Sharing, Self-governance and Public Participation and of intergovernmental and regional human rights organizations governance arrangements in Montenegro that are more the forthcoming Handbook on Guarantees in Conflict Settlements . to monitor closely the human rights situation in Bosnia broadly lacking in sustainability and that bear the po - and Herzegovina, through the establishment of local offices tential for protracted conflict between the different and the assignment of observers, rapporteurs, or other communities that exist there. Seen from this perspec - Mr. Wolff is a graduate of the University of Leipzig, the University of relevant persons on a permanent or mission-by-mission tive, the authors invite all of Montenegro’s communi - Cambridge, and the London School of Economics and Political Science. basis, and to provide them [i.e., the monitors] with full ties—minorities and majorities alike—and their polit - He writes here in a personal capacity as an independent academic, ex - and effective facilitation, assistance and access.” ical representatives to engage in fresh and innovative pressing his views only and not those of any institution with which he thinking about the future of a liberal, democratic, and is or has been affiliated. The Constitution of Kosovo, similarly provides for the multi-ethnic polity.