Respect law, vital for Kosovo

Respect law, vital for Kosovo

When I returned two years ago as ambassador to Kosovo, 15 years after my first service in Pristina, I was amazed at Kosovo's achievements of self-government, new infrastructure and the new generation of talented, educated and energetic citizens working together to create the best future for [...]

One of the goals Kosovo's people must work towards, along with the people of the United States of America, is full enforcement of rule of law. My country is far from being perfect in this respect and we're still trying to build a more perfect <x0 union” that our Constitution speaks of, with equal rights and equal justice for all. But we must never stop working to fulfill this dream.

As the January 6th criminal acts in the Capitol building testified, democracy is fragile. But our institutions stayed. When police expelled the crowd and secured the building, Congress continued discussions and certified the election of the new president. Two weeks later, that new president took office in accordance with our Constitution. I am convinced that America will grow stronger than ever from this critical period, but we still have a lot of work and so much pain ahead of us.

As in the United States, Kosovo still has much work to fulfill its pledge. The main principle of this effort should be for political leaders to respect judicial institutions and judicial decisions even if they do not care about those decisions. We continue to witness cases when Kosovo institutions have not acted under the law to implement judicial decisions.

Such an example is the case of ownership of the Decani Monastery. In 2016, after many years of judicial proceedings, the Constitutional Court of Kosovo confirmed ownership of the Serbian Orthodox Church over several hectares of land. However, with the silent support of senior officials and party leaders along several governments led by different political parties for nearly five years, central and local-level cadastral officials failed to implement the decision for legal registration of church land.

Some who read this may pick up their shoulders, turn the page, turn to the next event. Why should Kosovo citizens worry about the Serbian Orthodox Church?

In fact, I would argue that if Kosovo citizens are serious about their constitutional dedication to multiethnic and diverse societies with religious freedom for all, they would have to welcome the presence of minorities. And minorities would have to welcome the opportunity to fully integrate into the country's political and economic life. But this is a discussion of another day. The Decani Monastery case has nothing to do with ethnic affiliation, politics or religion; it concerns property rights and respect for the law.

With the support of the international community, the church has repeatedly asked the government to respect the law and register its land. The church's recent efforts have been encountered in <x0 administrative recovery” government refusal to respond significantly to the church and to act in accordance with the law. The time has now passed to register church land in accordance with the law.

This disobedience to rule of law, prolonged for years by several different Kosovo governments, questions Kosovo's commitment to equal justice.

When court decisions are fully implemented, it means that the country has functional, impartial and democratic institutions that serve everyone. Can we say that today? Can any citizen be counted or any potential foreign investor in Kosovo courts when Kosovo leaders can choose to ignore courts whenever they want?

Kosovo has achieved much in its democratic migration in a few years. At this moment when democratic values are under attack around the world, I am inspired by the people of Kosovo by sustainability, their determination to face challenges and their commitment to building a democracy based on respecting rule of law. The United States stands side by side with Kosovo and its people as it works to build the democratic future for all its citizens. No time to waste.

* This opinion is written on the Express medium. 

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