MEMORANDUM

Filed under: Analiza,Diplomaci,Kryesore |

Brahim Ibish AVDYLI

To: -United Nations;

-Secretary General of the United Nations;

-EU and its instances;

-The United States of America and its President;

-NATO and OSCE;

-Presidents, the Lady Chancellors and the Prime ministers of all the Western countries;

-All the World Bodies;

-Other international and national instances, and

-World and Albanian public

Dear Ladies,

Dear Gentlemen,

This year, we have been following the great destructive turn of the politics in Kosovo, side-by-side with our centuries old enemies, the Serbs as one of them, and indignant by illegitimate, “elected” instances and not by the votes of the majority of people of the Republic of Kosovo, we count all the ethnicities of this area, not only the Albaian nation, which is the 80% of these people. We do not have other possibility but to make known our stands as accumulated by the today’s destructive and current politics in Kosovo, and to make it known that the Country of Kosovo is an Independent State, free and democratic, with these borders it inherited:

  1. By the Constitution of the year 1974 as a federal constituent;
  2. By the Kosovo Constitution of September 7, 1990, amended in conformity with the referendum of September 26-30, 1991, on the “independent and sovereign state of Kosovo”, in which, out of the 77.8% of Kosovo Albanians, 99.8% of them voted “Yes”, in the borders Kosovo had by the Constitution of the year 1974.
  3. Badinter Decisions on Warsaw Treaty;
  4. International Court in Strasbourg and its decisions;
  5. Ahtisaari package on Kosovo;
  6. The Act of the Declaration of Kosovo’s Independence in the year 2008;
  7. Article 1, item 3 of the Constitution of the Republic of Kosovo has determined that it has no territorial claims towards any other country or part of any other country. Article 2, item 2 of the Constitution of the Republic of Kosovo defines that “the the sovereignty and territorial integrity of the Republic of Kosovo is inviolable, inalienable and undividable. It is protected by all the means specified by this Constitution and by Law”.
  8. Finally, the recognition by the International Commission as an Independent, Free and Sovereign Country…

Since the ancient times and on, Kosovo is seen and documented only as a survival, mainly Albanian.

By its national and by international acts, It (Kosovo) is inferred as a hearth of continuity of the Illyrian-Dardanian ancient civilization, and of development of its culture, firstly development of Albanian language through Illyrian-Dardanians and other languages of national minorities.

Pursuant to these juridical-constitutional and international acts, Kosovo has been recognized with its current borders, and the recognition itself of Kosovo as an independent and sovereign state is at its today’s territorial integrity

Due to the globalization as an ideology and international strategy the status of autonomy has been elevated to the status of independence, which was to be done since World War II.

Any territorial encroachment of Kosovo’s sovereignty conflicts with its historic way and international opposition stressed above. This also conflicts our general, long-lasting will for the independence of Kosovo.

It is the people of Kosovo who are immovable. The country of Kosovo is above the individual, while the individual has no immunity and right to infringe the right of the Sovereign on the right of general social interest of the Republic of Kosovo; the right on the property, hence the right on the land, that is holy and guaranteed by international conventions.

Individuals, regardless of them being in certain, state “institutions”, even if they have limited professional abilities, would be appropriate to seek solutions from state and professional institutions for the solution of certain problems, which are at the general social interest of the state of Kosovo, while not infringing the right of the Sovereign on the territorial integrity of Kosovo, which is a holy property of the sovereignty.

The Sovereign of the state of Kosovo are the people of Kosovo, all the citizens of Kosovo regardless of their ethnicity, belief, gender or culture.

The people have the right to restore its sovereignty, respectively to revoke the right of representation at any time, when they estimate that the interests of their sovereignty and territorial integrity of the Republic of Kosovo have been betrayed. This right is also issued by the doctrine of the American ex-President Abraham Lincoln (1861 – 1864), which should be a positive example and be respected by the entire democratic world.

Kosovo is a juridical-constitutional, parliamentary state, and not a presidential or a centralist one. The matter of moving the border is unconstitutional. Any kind of “agreement” with Serbia, influenced by politics of Russia, even if it is supported by international individuals is illegal and non-democratic. It is a great loss for us, it is a material loss, and it is a totally harmful matter, with dangerous consequences for the entire western world.

Dialogue with the Republic of Serbia towards the State and infringement of the borders of Kosovo cannot be started and finished after eighteen (18) years of struggle to realize the sovereignty and independence of the Republic of Kosovo, less “lead” by an illegitimate individual. Legitimacy does not come from the people of Kosovo, for what only 45% of the people of Kosovo participated, hence less than half of it. While to be legitimate, more than 51% of electorate should participate. This government should have gone back to reelections and to admit its defeat. About 55% of the people did not go to revote. While Serbia should preliminarily recognize the Republic of Kosovo:

  • As a sovereign and independent state with its currently existing borders;
  • To pay for the war damages caused to the Albanian people, their property and socially-owned property;
  • Te return the missing Albanians from Kosovo
  • Te return the pensions and contributions of the workers who have worked until the imposed measures by Serbia;
  • To apologize for the atrocities committed to Albanians,
  • Then, perhaps, it would be possible to enter into negotiations through some special commission of both the countries by international mediation after having demilitarized the republic of Sanxhak, Presevo, Bujanovac and Medvedja; the recognition of the right to self-determination, exactly according to the international conventions on this matter.

Any eventual Agreement of the President of Kosovo on November 11, 2018 or whatever time after, which infringes the sovereignty and territorial integrity of the Republic of Kosovo shall not be accepted by the Albanians; it will be declared as an act of treason towards the Albanian people, citizens of the republic of Kosovo and the sovereignty and territorial integrity of the Republic of Kosovo shall be protected defined by the Constitution and Law (Article 2, item 2 of the Constitution of the Republic of Kosovo).

It is our obligation to let YOU know, Dear Ladies and Gentlemen of the Democratic World, that you have the power to prevent this aggressive game of Serbia, Russia with our lands.

The President cannot sign a protocol on talks Kosovo – Serbia because the placement of signature by the President of the Republic of Kosovo is against its territorial independence and its sovereignty, and it would only be a clearly developed anti-national treason.

Our opinion is that the three cities of the Eastern Kosovo in Serbia should make their autonomy, declared by a referendum, with the right of self-determination in accordance with international conventions. The resolution No.637 (VII) of the General Assembly of the United Nations, adopted on December 16, 1952 states that: “The right to self-determination of people and nations is a precondition for the full respect of the human rights and freedoms”. At the same time, the resolution No.1514 (XV) of the same international instance, of December 14, 1960, Article 1 defines that “The integration of an ethnic territory should be a result of the expression of the free will of the people of that territory”. Pursuant to Article 2 of the same Resolution, it is textually stated that “All the people have the right to self-determination through which they can freely determine their political status to continue with their economic, cultural and social development”. Thus there are several resolutions of the UNO that fix the right to self-determination and other rights, which the republic of Serbia has not been respecting for Sanxhak, nor for Presevo, Bujanovac or Medvedja, nor for Vojvodina also.

It is absolutely not right and reasonable to exchange Albanian lands of Northern Kosovo, full of minerals and other treasures, with a piece of other Albanian lands under Serbia, which have been colonized and discriminated up to the end by Serbia. Once more, we raise our voice in front of YOU against this injustice!

The final stage of this “process” has ended in the year 2008 when the independence was declared, and nobody has the right to undo this independence, nor to contact suspicious personalities of Moscow and Serbia. Political subjects do not dare to seek or to issue “resolutions” in support of the compromise.

The right of the Sovereign is an undeniable and democratic right, which can be expressed by a referendum. For each span of its land, its people shall decide, at their own will, and not individuals. The people are the ones that do not recognize and do not accept individual and centralist acts and actions that contravene the general interests of the sovereign people of the State of Kosovo with the borders it has today.

 “Referendum in Parliament” is the second fog they are thrown in front their hands in Parliament, and not in front of the democratic people. Referendum is a basis of your solutions, when not solved by the same instances. The fraction is divided by the same party and if taken to the people, a special body is created for the referendum.

The referendum should not have centralist shapes and to be in based centralist suspicion by certain individuals, but it should derive from the base and from the people, with reasonable democratic expression, which does not infringe in any way, nor violated with corruption, the general social interest, territorial integrity of Kosovo and its sovereignty as an independent and democratic state, recognized by the democratic countries and accepted by organizations and by International Court.

We, Albanian intellectuals of Kosovo, free and independent citizens from all the regions of Kosovo express our great dissatisfaction regarding the infringement and violation of our holy rights like: lives, property, work, underground and above ground treasure, border, sovereignty and state.

We ought to stress that heads of states meeting in Paris of France for this matter, firstly Serbia and Kosovo, should respect and recognize the rights of the territorial sovereignty and of state of each-other by international guarantee, and after recognizing each-other in a democratic manner, respecting the right of the Sovereign, and by the free expression of referendum on the certain matter, and which are not against general social interests of the Republic of Kosovo, then other parts of this talk shall be part our discussions, and not a concluded part of an imposed “agreement”. The imposition is against the democratic Conventions and the interest of the Sovereign, thus people, and is re-occupancy of a just established country!

All these can be drawn after the end of the transitional stage, limited by the international community, for what we plea in lieu of all the free and democratic definitions that you have, to limit them well, under the condition that any decision made during this stage does not contravene the international acts and conventions, which would also instigate new conflicts in new, third countries, which bear only tremendous consequences, destructive and irreparable because all the countries, the third ones too, are created and made by different and multiethnic nationalities, and not ethnic states, as the nationalistic politics of Serbia pretends.

Both the World Wars (I and II) have been caused by Serbia. The Third War would be brought to Kosovo by it proper, and by the servants of Serbia and Russia. Furthermore, Serb nationality does not exist; it has been defined only on centralist orthodox religious basis…

We ask the vital, western and democratic world to help us by true democracy, by the right of free expression and final democratic decision making opinion in relation to the international matters, political matters, matters of states.

We have been violated deliberately by others, and divided into several parts of ex-Yugoslavia, respectively under Serbia, Montenegro and Macedonia, but in this case, we wish to present all the regions of the Republic of Kosovo as a joint territorial unit and undividable in an arbitrary manner!

We are not a party, we do not make partial and minor policy, but we are completely independent from parties and anti-democratic destructivity.

Keeping hope in your concrete action to interrupt the actions of certain individuals and the destructive policy they apply in Kosovo, Serbia, and the East, exactly in Russia, looking forward to your action and response.

With great respect:

The Chair of the Commission of the Albanian Intellectuals of Kosovo

 

In Prishtina, on November 7, 2018

 

Brahim Ibish AVDYLI

(P.O Box No. 5, 12 000 Fushë Kosovë/RKS)

 

(Other signatures: 1+12=13)

 

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