On the anniversary of the Cachanic Constitution

On September 7th 1990, under extremely difficult circumstances gathered in Kacanik, Kosovo Assembly deputies proclaimed the Constitution of the Republic of Kosovo, what is known to the people as the “Cabanic Constitution”, a text prepared by the most prominent academics in the field of law and law, under the direction of Professor Gazmend Zajmi. The team that drafted the Chacavnik Constitution included the most solid scientific and philosophical deepening figures of jurisprudence. Prof should be highlighted among them. Dr. Ejup Statovci, who during the 1990s led the University of Pristina, both as a reactor and in the face of student protests.

All those literal scholars knew the foundation necessary for a democratic and constitutional deliverance system. This becomes clear that at the opening of the pre-amble of the Cachanic Constitution, which reads: “relying on the centuries-old progressive and lyrical democratic tradition of the Albanian nation and members of other nationalities of the Republic of Kosovo”.

This opening of the preambula bases constitutional order and logic in the history and tradition of the nation which decides to govern itself. Unlike the preamble of the current Constitution, which thus begins: “set to build a future of Kosovo as a free, democratic and peace-loving country, which will be home to all its citizens”.

Of course, a highly written Constitution of which average expert, recruited by many of which country, through multinational amalgam that oversees true sovereignty in non - Soviet and undemocratic Kosovo, cannot recognize the history and tradition of our nation. Freedom and democracy according to them are “ris” that we will experience after we import from the outside, not ideal and inexorable practices, both among our popular, rural or urban communities, and among the many progressive, big and illegal movements, which kept the Albanian nation alive and in the most difficult days, when the ruler intended to assimilate the cleansing of when the elite sought compromise, dialogue without justice.

Disrecognition of history appears as a kind of belief in a complete future, which actually makes the very logic of justice, which must condition the constitution, impossible. Why? For what is righteousness but a righteousness of the past? In an imaginary country without history, there can be no system of justice, no constitution, no laws, no courts. Because none of them can judge the future.

The absurd establishment of the Constitution of Kosovo in the future, aimed at forgetting and overcoming the nation's history, even the present. Because every present in the future will be past - history - and this Constitution does not know one.

German-Hebrew philosopher Walter Benjamin, one of the founders of the critical theory, in his famous essay “Mbi the concept of History” criticises those who, for the sake of some Persian professor, erase history. He writes that history's forgetfulness also brings with it the forgetting of hatred for the oppression of the oppressors but also the forgetting of the soul of sacrifice and endurance. And these two are the elements necessary to advance the process of emancipating a people. As Benjamin says, the attempt to emancipate “is fed only by the memory of the suffering of slave grandparents, not by the ideal for emenciated grandchildren”.

Therefore, the attempt to forget, which is institutionalised in today's Kosovo Constitution, which does not recognise either the Albanian nation as an autonomous majority in Kosovo or its history and efforts, is an anti-mencipatory effort, even though it is disguised as emenciating through a language of political correctness. The degree of political correctness thinks that unless minorities are mentioned, they will cease to be. However, the unfavourable situation of each nonSerb minority, and even a considerable portion of the Serbs themselves, exposes the fraud of this devious formula.

The constitution of the Kacanik, which in its prembula, makes it clear that Kosovo belongs to the Albanian nation and other minorities, which are guaranteed full community and individual rights. On the other hand, the preamble of today's Constitution concludes with three short-term and geopolitical pledges, and with a proclamation, which in order are these:

“Sure that the state of Kosovo will contribute to the stability of the region and all of Europe, establishing good neighbourly relations and co-operation with all neighbouring states;

Entrusted that the state of Kosovo will be worthy member of the world's family of peace-loving states;

With the goal of Kosovo's state being included in Euro-Atlantic integration processes,

We solemnly adopt the Constitution of the Republic of Kosovo. ”

This is more like a medium-term strategy document by the Ministry of Foreign or Defence, rather than a Constitutional Guard. In any constitution from countries we can take as a model in statehood, no current policy and geopolitical goals are set, however urgent they are. Especially are they not placed in preambles, which is the place where philosophical principles of sovereign people's right to condition themselves. The solemn declaration at the end of the current Constitution is very narrow, the reflection of selfishness rather than representation. MPs declare the Constitution in their name, not in the name of the people whose representatives are in the Assembly.

In this respect too, the preamble of the Chachanic Constitution stands with dignity, far more advanced than today. It closes with these three findings of this announcement:

The will to continue the path of democracy, social justice, peace and friendship among people, according to its free decision;

Given the definition that the will of the people is the basis of state power, the will he has expressed in a plebiscitary way for the self-set of his political-juridical subjectivity;

By guaranteeing complete rights of man and citizen for all citizens,

The Albanian nation of the Republic of Kosovo in full accordance with the principles of democracy and equality and on the basis of the right to self-rule until secession and based on the July 2nd 1990 Declaration of Independence, the Kosovo Assembly issues the Constitution”.

Right. Because people don't decide to be independent because they want to membership in the Transnational Organization, but because they want their own freedom with democracy, justice and peace. The constitution is not written because we want to get involved in specific and historical partisan processes, but because we have the will and subjectivity popular to establish a systhetic that aims to become part of the universal, through noble principles such as those mentioned in the Kachanic Constitution.

To this day, the Cachanic Constitution remains a model document. What those scholars and MPs-activists were able to do in terms of deep oppression and widespread apartheid, were never able to do by mediocre experts from MPs-sex in terms of liberation.

But this historic regregation should not leave us in despair. It's us who choose our models, and it's us who can make them happen through commitment. The Kacanic Constitution is one of the models that inspire us, and we sincerely thank those who enabled us to have such a document in our history, Albanian Kosovo and its citizens.