Who was to declare Kosovo's independence?

It says: Shkodran Ramadani

Over the years, I have seen many people say independence would have to be declared by President Sejdiu or Prime Minister Krasniqi, not Hashim Thaci. That's because according to the state hierarchy and according to the Constitutional Framework of UNMIK, the president and the Chief Secretary remain over the prime minister in the institutional hierarchy.

“But,” they say, “Thaci overturned this modern hierarchy through force, threat, and tribal cunning. The Right That Modern Laws UNMIK gave Sejdiu and Krasniqi, deprived Thaci's medieval and primitive powers”.

Even this anniversary of independence saw a new wave of attacks on truth.

To be brief, this is a pure lie, such as what only Vetevendosje cellars can engineer.

To begin with, the declaration of independence has not been made by either the Parliament or the presidency or the Government.

This is because these institutions have been founded and operated within Resolution 1244.

According to this resolution, before entering into force, any decision by these institutions should be approved by the UN Secretary General's Special Representative, also known as Kosovo's chief administrator.

At the time, this function was exercised by Joachim Ruecker.

On the basis of the Constitutional Framework, the Special Representative had the power to monitor and, under certain circumstances, to annul the decisions of the Self-government Interim Institutions.

In some cases, especially in the period between 2002 and 2005, when Kosovo's Assembly undertook initiatives to advance Kosovo's independence, the Special Representative had declared it incompatible with the Constitutional Framework with the argument that those “coming beyond the scope of [the Parliament's] competencies.” (United Nations File No. 189, February 7th 2003) and subsequently outside the competencies of the Kosovo Assembly.

To avoid that, Kosovo political leaders did not declare independence through institutions.

Normally, it was done with the recommendation and advice of the top international partners with the US.

Some features of the text of the declaration and the circumstances of its approval bear witness to this.

The first, nowhere in the original Albanian text of the declaration (which is the only authentic text), is mentioned as the work of the Kosovo Parliament. Words “Kosovo Assembly” appears at the top of the proclamation only in English and French translations, included in the file handed over on behalf of the Secretary General.

The language used in the declaration differs from what was used in the decisions of the Kosovo Assembly. This distinction occurs in the first paragraph, beginning with the phrase “We, leaders of our democraticly elected people...”. On the other hand, the earlier decisions of the Kosovo Assembly were used by the third and single.

Moreover, the procedure used in connection with the declaration differed from that for the adoption of legislation from the Kosovo Assembly. In particular, the declaration has been signed by all present in the declaration, including the president of Kosovo, who has not been deputy of the Kosovo Assembly.

Therefore, after declaring independence on February 17, 2008, unlike past times, the Secretary General's Special Representative was silent. This suggests that he did not consider the announcement to be a decision by the Interim Institutions of Self-Government designed to enter into force within Resolution 1244, for which he was responsible.

Also, the statement has not been forwarded to the Special Representative of the Secretary General for Publicisation in the Official Gazette, as was the case with other decisions of Kosovo institutions under UNMIK.

In summary, the language of the declaration shows that the authors of the declaration have not intended to operate within the standard framework of Kosovo's provisional self-administration, but have aimed at creating Kosovo “as independent and sovereign state”.

Thus, the International Court of Justice, in its opinion on June 22, 2010, concluded that: “Taking into account all factors together, the authors of the February 17th 2008 independence declaration have not acted as one of the provisional institutions of self-government within the Constitutional Framework, but rather as persons who have acted together, in their quality as leaders of the people of Kosovo, outside the provisional administration framework.”.

It sets this straight in its Fourth Chapter, Point B, Paragraphs 104, 105, 106, 107, 108 and 109, on pages 46, 47, 48 and 49.

Not that Marc Welle's words, Prime Minister Albin Kurti's adviser, put an end to this discussion, but we can still use it to free up what is known:

“More essentially, the Court acknowledged that the declaration of independence always and necessarily comes out of the judicial order from which it seeks to separate the subject of the herald. Therefore, the decision cannot be reasonably assessed according to that rule: The court estimates that the authors of that statement have not acted, nor have they intended to act, in the quality of an institution designed and authorised to operate within that judicial order, but instead decided to adopt a measure, importance, and impact of which would fall off that order.”

We can see from this that on February 17, neither protocol nor the procedures nor formalities of Resolution 1244 were used. Independence did not declare the Assembly, so it did not have to be used by its arrangement that favored the Chief Secretary.

He didn't even announce the presidency, so there was no protocol.

Neither did the government.

They merely did the leaders of the people, with Hashim Thaci at the helm.

Thaci's credentials as the KLA Political Director, as the leader of the Kosovar Delegation in Rambouillet, as the most voted politician and the most powerful figure were convincing both the citizens of Kosovo and the international community.

Only Ibrahim Rugova could have arguments in front of him, but he had already died. Also, former Prime Minister Haradinaj was at The Hague.

On the other hand, their descendants Sejdiu (Rugova) and Ceku's Kosumi (Haradinaj) did not have the political burden needed to be candidates for that.

Moreover, such an important event could not be held hostage to the protocols of an international protectorate.

The worst, with those who denounced him U n NMIC as a neo-colonial mission, say that its protocols, laws and formalities should be overemphasised the political will of the people of Kosovo for self-rule.

Therefore, even if the declaration was to be made by UNMIK regulations, it would have to be dominated by political reality in Kosovo.

Thus, Hashim Thaci's name was the unrefinable and deserved answer to questions about who should declare Kosovo's independence.

For years, this was an unconventional topic until Albin Kurti and Vetevendosje began to cook the theory that Thaci had usurped the privilege of declaring independence.

Of course, this is not only a lifetime achievement, but, above all, the zenith of Kosovo aspirations for the Republic.

The declaration of independence was made until the beatings of the hearts of our grandparents and ancestors who sacrificed for this day were heard in the background, while citizens had enthusiastically flocked to celebrate.

Only Vetevendosje was upset and angry that all they had said was exposed.

Kosovo achieved the right to self-rule when it declared independence and Vetevendosje remained without the cause bearing its name.

And just because of this envy, it today represents the anti-projector of truth and is trying to make sure that grandchildren, grandchildren, great-great-great-great-great-great - grandchildren of today and tomorrow morning inoctrinate, cheat and increase under the dictatorship of lies, fraud, and propaganda.

However, the heart of free souls, integrity, and freedom continues to pulse even today, and there are no devices in the world that stop it.

Hence, the truth and its warriors will eventually prevail, and its warriors will be humiliated.

Writes sociologist Shkodran Ramadani for Albanian Post