Synthetic report - EURAC
Synthetic report - EURAC
Synthetic report - EURAC
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Nina Baltic, Tomasz Milej<br />
<strong>Synthetic</strong> Report on Human Rights<br />
under the Yugoslav System,<br />
Processes of Ethnic Mobilization<br />
and EU Crisis Management
This <strong>report</strong> was compiled in the frame of the FP6 project “Human and Minority Rights in the Life Cycle of Ethnic<br />
Conflicts”.<br />
The authors were affiliated to the Institute for East European Law, part of the Faculty of Law at the University of<br />
Cologne (Germany), one of the partners in this project.<br />
Copyright March 2007: the executing contracting institution
Human and Minority Rights in Violent Ethnic Conflict<br />
<strong>Synthetic</strong> <strong>report</strong> on the basis of MIRICO Work Package 2 Reports: Human and<br />
Minority Rights under the Yugoslav Communist System, Country-Specific<br />
Reports on Actors and Processes of Ethno-Mobilization in Croatia, Bosnia and<br />
Herzegovina, Serbia and Montenegro, Kosovo, and Macedonia and EU<br />
Reactive Crisis Management<br />
Nina Baltic, Tomasz Milej<br />
MIRICO: Human and Minority Rights in the Life Cycle of Ethnic Conflicts
Table of contents<br />
Table of contents.........................................................2<br />
List of Abbreviations .....................................................4<br />
Abstract ....................................................................5<br />
1. Introduction............................................................6<br />
2. Basic Concepts and Definitions .....................................8<br />
2.1. Ethnicity ............................................................. 8<br />
2.2. Ethnic Conflict ...................................................... 8<br />
2.3. Ethnic Group/Nation ............................................... 8<br />
2.4.Perception ............................................................ 9<br />
2.5.Cognitive Frames .................................................... 9<br />
2.6.Ethno-Mobilization .................................................11<br />
2.7.Summary .............................................................13<br />
3. Prelude to violent conflict and ethnic mobilization under the<br />
Yugoslav Communist System ...................................... 14<br />
3.1. Concept of Statehood during Socialist Yugoslavia ............14<br />
3.1.1. Development of the Concept of Nations and Minorities ......14<br />
3.1.2. Self-determination and secession in particular ................15<br />
3.1.3. The concept from Serbia’s perspective: ........................17<br />
3.2. Economic Preconditions for Ethno-Mobilization ..............18<br />
3.3. Increasing of Ethnic Tensions ....................................20<br />
4. Actors and means of ethno-mobilization ........................ 22<br />
4.1. Politicians/Political Parties ......................................22<br />
4.1.1. Developments on the political scene ............................22<br />
4.1.2. Evaluation ............................................................24<br />
4.2. Civil Society and Intellectuals ...................................25<br />
4.3. Military, Paramilitary and State Intelligence Agencies ......25<br />
4.3.1. JNA ....................................................................25<br />
4.3.2. Republics .............................................................26<br />
4.3.3. Kosovo ................................................................27<br />
4.3.4. Evaluation ............................................................27<br />
4.4. Influence of the Diaspora.........................................29<br />
4.5. Churches and Religious Communities...........................30<br />
4.6. Media ................................................................31<br />
2
5. Minorities in the New Republics .................................. 32<br />
5.1. BiH, Croatia and Serbia...........................................32<br />
5.2. Macedonia...........................................................33<br />
5.3. Kosovo ...............................................................33<br />
5.4. Evaluation ..........................................................33<br />
6. Violence ............................................................. 36<br />
7. Third-Party Intervention ........................................... 37<br />
7.1. Individual States in the Region ..................................37<br />
7.2. The Mujahedin and Islamic States...............................38<br />
7.3. Individual States on the Geopolitical Scene ...................39<br />
7.4. The Role of the EU (initially EC only) ..........................40<br />
7.4.1. General ...............................................................40<br />
7.4.2. Croatia................................................................40<br />
7.4.3. BH and Kosovo.......................................................40<br />
7.4.4. Macedonia............................................................41<br />
7.5. The Role of the UN ................................................41<br />
7.5.1. Croatia and BH ......................................................41<br />
7.5.2. Croatia in particular................................................41<br />
7.5.3. Serbia .................................................................42<br />
7.5.4. Macedonia............................................................42<br />
7.6. The Role of NATO ..................................................42<br />
7.7. The OSCE ............................................................42<br />
8. Conclusion............................................................ 44<br />
Bibliography ............................................................. 46<br />
3
List of Abbreviations<br />
ARBH Armija Republike Bosne i Hercegovine (Bosnian Army)<br />
BH Bosnia Herzegovina<br />
BiH Bosnia i Herzegowina<br />
CFSP Common Foreign and Security Policy<br />
CIVPOL Civilian Police (created by United Nations)<br />
EC European Community<br />
EU European Union<br />
FADORUK Federal Fund for Accelerated Development of the<br />
Undeveloped Republics and Kosovo<br />
FRY Federal Republic of Yugoslavia<br />
HDZ Hrvatska demokratska zajednica (Croatian Democratic<br />
Union)<br />
HVO Hrvatsko vijeće obrane (Croatian Defence Council)<br />
IMF International Monetary Fund<br />
IVZ Islamska Vjerska Zajednica<br />
JNA Jugoslovenska Narodna Armija (Yugoslav Peoples Army)<br />
KLA Kosovo Liberation Army<br />
LCY League of Communists of Yugoslavia (Savez komunista<br />
Jugoslavije)<br />
MBO Muslim Bosniak Organisation<br />
MUP Ministarstvo Unutrašnjih Poslova (Serbian Ministry of<br />
Interior)<br />
NATO North Atlantic Treaty Organisation<br />
NDH Nezavisna Država Hrvatska (Independent Croatian State)<br />
NGO Non-Governmental Organization<br />
NLA National Liberation Army<br />
OSCE Organization for Security and Co-operation in Europe<br />
SANU Srpska akademija nauka i umetnosti (Serbian Academy of<br />
Sciences and Arts)<br />
SAO Serbian Autonomous Oblast<br />
SDA Stranka Demokratske Akcije<br />
SDS Srpska Demokratska Stranka<br />
SFRY Socialist Federal Republic of Yugoslavia<br />
SPS Socijalistička Partija Srbije (Serbian Socialist Party)<br />
SR Socialist Republic<br />
TDF Territorial Defence Forces<br />
UN United Nations<br />
UNCRO United Nations Confidence Restoration Operation<br />
UNHCR United Nations High Commissioner for Refugees<br />
UNIMIK United Nations Interim Administration Mission in Kosovo<br />
UNPA United Nations Protected Areas<br />
UNPROFOR United Nations Protection Force<br />
US United States<br />
USA United Stats of America<br />
VMRO-DPMNE Vnatrešno-Makedonska Revolucionerna Organizacija-<br />
Demokratska Partija za Makedonsko Narodno Edinstvo<br />
(Internal Macedonian Revolutionary Organization-<br />
Democratic Party for Macedonian National Unity)<br />
4
Abstract<br />
The <strong>Synthetic</strong> Report elaborates the factors of ethno-mobilization that led to<br />
outbreak of violence on the territory of former Yugoslavia, the position of<br />
minorities within the conflicts and the role of third parties. Therefore it raises and<br />
analyses the results of the country specific <strong>report</strong>s from Bosnia and Herzegovina<br />
(BiH), Croatia, Kosovo, Macedonia and Serbia, the Report on Human and Minority<br />
Rights under the Yugoslav Communist System and other sources on the basis of<br />
explanatory models and theories developed in the scholars’ writings. The results<br />
show how within a declining Yugoslav socialist state model serious security<br />
concerns emerged which made people vulnerable to ethno-mobilization, initiated<br />
by authoritarian political top leaders in Serbia, Croatia and BH. The right to<br />
(external) self-determination and an effluent right to secession – perceived to be<br />
held by both nations and (newly defined) national minorities - became the most<br />
central question. Despite this common root, the nature of the conflict was<br />
different in each republic and in Kosovo. The emphasis is put on political and<br />
economic factors that contributed to the security concerns as well as on religious<br />
communities, their leaders’ involvement in politics and ethno-mobilization. Finally,<br />
the <strong>report</strong> addresses the question of the so called “point of no return” in the<br />
republics concerned, at which a violent ethnic conflict could be said to be no<br />
longer avoidable. The developed results are supposed to serve as a basis for the<br />
further work packages of the MIRICO-project.<br />
5
1. Introduction<br />
The <strong>Synthetic</strong> Report elaborates the contents and the results of the Report on the<br />
Theory and Practice of Human Rights and Minority Rights under the Yugoslav<br />
Communist System and the country specific Reports on Actors and Means of Ethno-<br />
Mobilization, Third-Party-Intervention and Violence. The present survey will<br />
attempt to explain why violent ethnic conflict occurred in Yugoslavia. It will also<br />
try to establish “the point of no-return” at which ethno-mobilization was so<br />
advanced that a violent ethnic conflict became unavoidable.<br />
Dealing with of the process of ethno-mobilization leading to ethnic<br />
violence, one must first observe that four different views on its nature have<br />
basically been presented in the literature. 1 The first (“primordial”) explanation<br />
model stresses the primordial character of ethnic affiliation, attaching to it an<br />
“overpowering emotional and non-rational quality”. According to this view, in the<br />
former Yugoslavia, a fierce competition for political power combined with<br />
uncertainty and distrust turned entire ethnic communities against each other and<br />
activated hatred that had previously been hidden just under the surface of<br />
“normal” inter-community relations. According to the second (“instrumentalist”)<br />
view, ethnic loyalties are manipulated by politicians and intellectuals for political<br />
ends, such as, for example, the establishment of a new state. The third<br />
(“constructionist”) model opposes the idea of a primordial character of ethnic<br />
affiliations, arguing that ethnicity is only one of several roles and identities that<br />
matter and is subject to change, as it is constructed and eroded by political<br />
institutions and choices. Finally, according to the fourth (“collapse”) model, the<br />
security dilemma arising from the conditions of state-breakdown is the main source<br />
of ethno-mobilization as it let the ethnic group appear to be the powerful<br />
protector of life and property against ethnic rivals.<br />
Instead of relying on one particular model, the present <strong>report</strong> will take an<br />
analytical-comparative approach based mainly on the data provided in the<br />
aforementioned <strong>report</strong>s and, where appropriate, evaluating the findings against<br />
the conceptual framework presented. The variety of concepts taken alone shows<br />
that convincing results cannot be reached by limiting the analysis only to one group<br />
of actors, for example politicians. Therefore the <strong>report</strong> will attempt to define the<br />
major actors of the process of ethno-mobilization, make an assessment of their<br />
role and means used to trigger it, to slow it down or to minimize its impact.<br />
It begins with an analysis of some basic concepts put forward in the<br />
literature and definitions provided in the country <strong>report</strong>s. On this basis, country<br />
specific definitions of ethno-mobilization and its common traits are elaborated.<br />
The second part deals with the “grass roots” of the conflict which have to<br />
be sought in the Yugoslavian Communist system. The emphasis is put on the final<br />
stage of its development. This part includes an analysis of the concept of statehood<br />
and the rights which were granted to the nations and nationalities of Yugoslavia<br />
that left all of the ethnic groups unsatisfied, a special focus being put on the<br />
Serbian constitutional crisis.<br />
According to the initially prepared questionnaire the following three parts<br />
draw up a comparison of the country specific results on actors and means of ethnomobilization,<br />
minorities and third-party interventions. The subsection on actors<br />
and means of ethno-mobilization concentrates on the most important actors: the<br />
political elites and the clergy, also showing how important the media were in this<br />
1 The following overview is based on Anthony Oberschall, “The manipulation of ethnicity:<br />
from ethnic cooperation to violence and war in Yugoslavia”, Ethnic and Racial Studies<br />
(2000), 982-984.<br />
6
process. The next subsection points out the legal and actual effects on minorities<br />
in the respective republics, the last subsection deals mainly with the role of foreign<br />
states, international institutions and their (in)effective influence on negotiations,<br />
violent escalation and peace settlement.<br />
7
2. Basic Concepts and Definitions<br />
The Croatian <strong>report</strong> provides a definition of ethnicity, which will be used as basis<br />
for further reflections on the term “ethno-mobilization” and the analysis of the<br />
following processes.<br />
2.1. Ethnicity<br />
Ethnicity is defined as “[…] use of descent as basis for membership in ethnic groups<br />
[…]. The belief of a common origin is encouraged by a common language, a shared<br />
religion, a sense of homeland, common customs and shared historical narratives.” 2<br />
In a simplified way, ethnicity is an “identity with one’s ethnic group […]”. 3<br />
Despite the ethnic identity, individuals have various identities based on their<br />
profession, sex, religion, etc. “[…] When ethnicity becomes politically relevant and<br />
determines the life prospects of people belonging to distinct ethnic groups, it is<br />
possible to mobilize group members to change a situation of apparently perpetual<br />
discrimination and disadvantage or in defence of a valued status quo.” 4<br />
Ethnic identification within a national collective became important when<br />
the republics of Yugoslavia sought to become truly sovereign (national) states for<br />
the first time in their history – a right, which was contested by ethnic groups within<br />
their own territory and by other republics. Ethnic affiliation became dominant in<br />
everyday life, in matters of residence, citizenship, job loss or maintenance and -<br />
the worst case - physical integrity or survival.<br />
2.2. Ethnic Conflict<br />
“Ethnic conflicts are a form of group conflict, in which at least one of the parties<br />
involved interprets the conflict, its causes, and potential remedies along an<br />
actually existing or perceived discriminating ethnic divide”. 5<br />
2.3. Ethnic Group/Nation:<br />
The term nation will be used in contexts which will deal with ethnic groups that<br />
are the titular nation within a certain republic (nation state). “Ethnic group” will<br />
be used as general clause.<br />
2 Antonija Petricusic, Country Specific Report on Croatia, p. 3, see also classical studies on<br />
ethnicity: Max Weber, “Ethnic Groups” in Werner Sollors (ed.) Theories of Ethnicity, (New<br />
York University Press, New York, 1922); Benedict Anderson, Imagined Communities (Verso,<br />
London, 1983); Rogers Brubaker, Nationalism Reframed (Cambridge University Press, Cambridge,<br />
1996).<br />
3 Stefan Wolff, Ethnic conflict, (Oxford University Press, Oxford, 2006), 31.<br />
4 Ibid.<br />
5 Ibid., 2.<br />
8
2.4. Perception<br />
The Yugoslav leadership had claimed from the very beginning that the national<br />
question was resolved with the establishment of the second Yugoslavia. The old<br />
national plans of Serbs and Croats and hatreds of other peoples inhabiting<br />
Yugoslavia were considered to be obsolete.<br />
Far from that - it seems that the mutual perceptions of the ethnic groups or<br />
the mutual perceptions of old (hegemonic or separatist) threat they presented to<br />
each other in the Balkans were the only perceptions in the collective memories<br />
that survived and became true eventually, beside the fact that there have also<br />
been reverse developments. To say it with the words of the Serbian <strong>report</strong> in a<br />
generalised way: The “[…] threat in the consciousness of one ethnic group was real<br />
because it was the perceived reality that guided action and in turn, mobilized the<br />
other ethnic groups, corroborating their thesis of the others’ hostility”. 6<br />
2.5. Cognitive Frames<br />
The sharp contrast between the situation after World War II until late eighties, in<br />
which nations and nationalities were living peacefully together, 7 and atrocities<br />
committed in the course of the war call for a special explanation. It is hereby not<br />
necessary to explain why Yugoslavia fell apart, but why the process of falling apart<br />
took such violent forms. 8 The issue will be addressed on the basis of a concept of<br />
cognitive frames. 9 A cognitive frame is to be understood as a “mental structure<br />
which situates and connects events, people and groups into a meaningful narrative<br />
in which the social world that one inhabits makes sense and can be communicated<br />
and shared with others.” 10 According to Anthony Oberschall the people in the<br />
Balkans experienced ethnic relations through two frames: a “normal” frame and a<br />
“crisis” frame. The aforementioned contrast can be explained by the fact that<br />
during the time of communist Yugoslavia the normal frame was dominant and the<br />
ethnic relations were cooperative and neighbourly. The crisis frame which<br />
dominated in the subsequent war was grounded in the experiences of the Balkan<br />
wars and World War II in particular. In this frame:<br />
Atrocities, massacres, torture, ethnic cleansing, a scorched-earth<br />
policy were the rule. Everyone was held collectively responsible for<br />
their nationality and religion, and became a target of revenge and<br />
reprisals. 11<br />
The official policy of Yugoslavia was striving to erase the crisis frame 12 but these<br />
attempts were not successful. The absence of an open debate 13 on the tragic past<br />
6<br />
Vesna Pešić, Country Specific Report on Serbia, 4.<br />
7<br />
See Nina Baltić, Special Report on Theory and Practice of Human Rights and Minority<br />
Rights under the Yugoslav Communist System, 39 et seq. For BH see also Wolfgang<br />
Petritsch, Bosnien und Herzegovina 5 Jahre danach. Hat der Friede eine Chance?, (Wieser<br />
Verlag, Klagenfurt et al. 2001), 31.<br />
8<br />
The necessity to distinguish between these two questions is pointed out by John B. Allcock,<br />
Explaining Yugoslavia, (Columbia University Press, New York 2000), 419.<br />
9<br />
Oberschall, 989.<br />
10<br />
David Snow et al., “Frame alignment processes, micromobilization and movement participation”,<br />
American Sociological Review (1986), 464-481, cited after Oberschall, 989<br />
11<br />
Oberschall, 989.<br />
12<br />
Baltić, 49.<br />
13<br />
According to Hansjörg Eiff a political debate about the recent past (World War II) aiming<br />
at reconciliation was “completely missing”. Hansjörg Eiff, “Anmerkungen zum Zerfall Jugos-<br />
9
may be the major reason for this. What the authoritarian regime offered was not<br />
an open debate, but a party-managed top-down equalisation of ethnic groups,<br />
applying an “ethnic key” in many areas of public life. Even if the Yugoslav system<br />
is considered to be a quite liberal one as compared with other countries of “real<br />
socialism”, an articulation of collective needs by ethnic groups and representation<br />
of collective interests belonged to the restricted domain. Initiating a debate about<br />
the roots of past ethnic violence would definitely overstep the borderline drawn<br />
for the permitted public debates by the communist leadership. 14 Such a debate<br />
would undermine the crucial partisan myth lying at the roots of Tito-Yugoslavia<br />
and legitimating it. A common Communist Party-led antifascist fight of all Yugoslav<br />
peoples was this myth. It was not only propagated by the party but also enforced<br />
by prosecuting its objectors. 15 At the end of the day, however, precisely this lack<br />
of public debate actually conferred upon the not-outspoken past inter-ethnic<br />
violence legendary or mythological forms 16 which could be easily used by<br />
nationalists. The crisis frame was dormant but it still existed. It could be activated<br />
and amplified 17 and this is what actually happened in the course of ethno-<br />
mobilization.<br />
lawiens in den Jahren 1988-1992”, in Dittmar Dahlmann and Milan Kosanović, Sozialistisches<br />
Jugoslawien. Politik, Wirtschaft und Gesellschaft, Vorträge der Michael-Zikic-Stiftung<br />
2001-2005, (Michael-Zikic-Stiftung, Universität Bonn, Bonn 2005),177-104, at 189.<br />
14 Baltić, 48-49.<br />
15 Aleksandar Jakir, “Nationale Ideologien und das System der Arbeiterselbstverwaltung im<br />
sozialistischen Jugoslawien“, in Dittmar Dahlmann and Milan Kosanović, Sozialistisches Jugoslawien.<br />
Politik, Wirtschaft und Gesellschaft, Vorträge der Michael-Zikic-Stiftung 2001-<br />
2005, (Michael-Zikic-Stiftung, Universität Bonn, Bonn 2005), 99-149, at 123.<br />
16 For examples, see Allcock, 382-383.<br />
17 Oberschall, 989.<br />
10
2.6. Ethno-Mobilization<br />
The table below summarizes definitions of an ethnic mobilization provided for in<br />
country <strong>report</strong>s.<br />
BH Croatia Serbia Kosovo/a Macedonia<br />
The bringing of<br />
members to a state<br />
of<br />
readiness/mobility<br />
that should be a<br />
pre-requisite for the<br />
performance of<br />
other actions or<br />
obstacle to the<br />
sudden or<br />
unannounced attack<br />
by opposing ethnic<br />
groups. In simple<br />
words, ethnomobilization<br />
could<br />
be defined as<br />
“closing ranks”<br />
within a single<br />
national corps in<br />
order to achieve a<br />
certain goal or<br />
perform some<br />
extraordinary work,<br />
most frequently for<br />
the purpose of<br />
“organizing defense<br />
from an enemy”,<br />
i.e. removing the<br />
causes of<br />
vulnerability. 18 It<br />
means bringing<br />
members of one<br />
ethnic group in a<br />
state of readiness,<br />
mobility, what<br />
should be a prerequisite<br />
for<br />
performance of<br />
other actions and/or<br />
obstacle and barrier<br />
to the sudden or<br />
unannounced<br />
“attack” by another<br />
“opposing” ethnic<br />
group or groups<br />
Ethno-mobilization<br />
can be understood<br />
as an<br />
instrumentalization<br />
of ethnic<br />
identities, or in<br />
other words, (mis-)<br />
use of the ethnicity<br />
by the elites, in<br />
order to mobilize<br />
the masses for the<br />
realization of their<br />
political objectives<br />
and (even<br />
personal) interests.<br />
Ethnic mobilization<br />
implies grouping<br />
around the ethnic<br />
lines and the (re)emergence<br />
of<br />
ethnic cleavages<br />
that had<br />
consequences for<br />
the segmentation<br />
of the society.<br />
Ethnic mobilization<br />
can be said to<br />
emerge as a<br />
response to the<br />
threats and fears<br />
that were<br />
intentionally<br />
fostered, or even<br />
manipulated by<br />
politicians who<br />
simply employed<br />
already existing<br />
historical<br />
narratives.<br />
Ethnic<br />
mobilization is<br />
the statebuildingmovement<br />
of a people<br />
led by an<br />
authoritarian<br />
leader who has<br />
succeeded in<br />
assuming control<br />
over the state<br />
apparatus, the<br />
media, the<br />
Church and the<br />
cultural elite,<br />
the involvement<br />
of which is prerequisite<br />
for<br />
achieving the<br />
emotional,<br />
cultural and<br />
political<br />
homogenization<br />
of the nation’s<br />
awareness of the<br />
common enemy<br />
war should be<br />
waged against.<br />
Ethno-mobilization<br />
is ‘the process by<br />
which an ethnic<br />
community<br />
becomes<br />
politicized on<br />
behalf of its<br />
collective interests<br />
and aspirations.<br />
This process<br />
requires<br />
awareness, usually<br />
promoted by<br />
ethnic<br />
entrepreneurs,<br />
that political<br />
action is necessary<br />
to promote or<br />
defend the<br />
community’s vital<br />
collective<br />
interests. This<br />
awareness results<br />
in the recruitment<br />
of individuals into<br />
the movement or<br />
into specific<br />
organizations that<br />
purport to speak<br />
for the movement.<br />
Likewise, financial<br />
and other material<br />
resources required<br />
for political action<br />
are drawn to the<br />
movement.’<br />
Ethnomobilization<br />
is<br />
political<br />
mobilization<br />
along ethnic<br />
lines.<br />
18 The very term “mobilization“ is primarily of military origin and it means “transition of<br />
the nation’s armed forces from peace-time status into mobile status and reaching full battle<br />
readiness” (Bratoljub Klaić, Veliki rječnik stranih riječi (Zora, Zagreb, 1972)). The same<br />
dictionary describes a broader sense of the term “mobilization” as “attracting certain<br />
groups of population [...] to perform some tasks that are required by the current circumstances”,<br />
and “put in motion (for instance, popular masses) for the purpose of performing<br />
some extraordinary work”. The term “ethno-mobilization” would mark the last case: “mobilizing<br />
masses for the purpose of performing some extraordinary work, which would, in the<br />
eve of war in former Yugoslavia, be defense of jeopardized nations (in the broadest meaning<br />
of the word).<br />
11
The evaluation of the term “ethno-mobilization” starts with the broadest<br />
definition, given by the Macedonian Report, which defines ethnic mobilization as<br />
political mobilization along ethnic lines. 19 The other <strong>report</strong>s provide definitions of<br />
ethno-mobilization which are built on to the processes in different countries and<br />
show what is considered the most important factors in ethno-mobilization.<br />
The Serbian <strong>report</strong> defines ethno-mobilization as the state-building<br />
movement of a people - led by an authoritarian leader who gained control over the<br />
state apparatus, the media, the church and cultural elite, the involvement of<br />
which is a pre-requisite for achieving the emotional, cultural and political<br />
homogenization of the nation’s awareness of the common enemy war should be<br />
waged against. 20 It is interesting that the Serbian <strong>report</strong> includes the element of<br />
state building, as “Serbs” were perceived to be an advocate of the maintenance<br />
and perseverance of Yugoslavia as a state - an already existing state - and “they”<br />
accused the other republics/nations of separatist aims, building their own states.<br />
That means that the Serb state-building movement started in a period when they<br />
were living in a state that “they” wanted to preserve as an entity.<br />
In the Croatian <strong>report</strong> ethno-mobilization is defined as the<br />
instrumentalization of ethnic identities, (ab-) use of ethnicity by the elites, in<br />
order to mobilize the masses for the realization of their political objectives and<br />
(even personal) interests. 21 What is relevant here is that manipulation of masses for<br />
the realization of subjective political goals.<br />
The Bosnian <strong>report</strong> puts emphasis on the isolation of one ethnic group from<br />
the other. Each group aims to defend itself from the enemy, “removing the causes<br />
of vulnerability”. 22 The analytical deduction of the word “mobilization” from the<br />
military origin - “the transition of the nation’s armed forces from peacetime status<br />
into mobile status and reaching full battle readiness” points exactly to what<br />
occurred in BiH within a very short period of time. 23 The eighties had been quiet in<br />
BiH as political pressure on nationalistic forces had been heavy. Once ethnic<br />
mobilization started, fueled by influences of ongoing military disputes in Croatia,<br />
the level of ethnic mobilization experienced a sudden shift – inevitable military<br />
mobilization of large parts of the (male) population.<br />
The Kosovo <strong>report</strong> refers to ethno-mobilization as a process by which an<br />
ethnic community becomes politicized on behalf of its collective interests and<br />
aspirations. This process requires awareness, usually promoted by ethnic<br />
entrepreneurs, that political action is necessary to promote or defend the<br />
community’s vital collective interests. 24<br />
Contrary to the other ethnic groups it appears that Albanian ethnomobilization<br />
was a continuing process that started much earlier than in the other<br />
ethnic groups, since they had already been struggling continuously for more rights<br />
in Yugoslavia with a strong emphasis on their “national” affiliation. On the other<br />
hand the point on which “they” took arms to defend themselves from their<br />
enemies was reached much later compared to the other ethnic groups.<br />
To sum up, in the cases of Serbia, Croatia and BiH, on the basis of the<br />
provided definitions, one may speak of ethnic-mobilization driven from the top and<br />
not from the bottom, which was not successfully opposed by a relatively weak civil<br />
19<br />
Zoran Ilievski, Country Specific Report on Macedonia, 3, cited after: James D. Fearon,<br />
Ethnic Mobilization and Ethnic Violence (August 2004, at<br />
http://www.stanford.edu/~jfearon/papers/ethreview.pdf), 7<br />
20<br />
Pešić, 3, 4.<br />
21<br />
Petricusic, 4.<br />
22<br />
Nerzuk Ćurak, Zarije Seizović, Nermina Šačić, Sead Turčalo, Country Specific Report on<br />
BiH, 2.<br />
23<br />
Ćurak, Seizović, Šačić, Turčalo, 3.<br />
24<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming)<br />
12
society. 25 In Croatia and Serbia ethno-mobilization presupposes an initiative and<br />
subsequent commitment of the political leader (-ship) steadily assuming control<br />
over segments of society. In BiH, the situation is similar. The difference consists in<br />
the fact that the political leadership was acting from the outside (Serbia and<br />
Croatia). This concept is close to the instrumentalist model presented in the<br />
introduction. The case of Kosovo is quite different, as the definition does not stress<br />
any special role of political leadership. Stressing the “vital collective interests” of<br />
an ethnic group, it gets close to the primordial model.<br />
2.7. Summary<br />
From this point a summarizing definition of ethno-mobilization is possible as<br />
follows:<br />
Ethno-mobilization is a process of (emotional, cultural and political)<br />
homogenization of societies according to their ethnic identity. The intensity<br />
depends on the promotion of a strong and influential political leader or leading<br />
elite (political parties), religious leaders and intellectuals, and is promoted by the<br />
media and religious communities, pointing to more recent or older collective<br />
traumatic experiences. This leads to the isolation of ethnic groups from one<br />
another, as members of other ethnic group(s) are perceived as enemies.<br />
The most intensive stage of ethnic mobilization results in ethnic conflict<br />
and in the worst case the violent unloading of tensions and attempts at the<br />
extermination/genocide of the enemy group, or at least the backing of actions<br />
taken by the “defence forces” to do so.<br />
As this is an all embracing definition it is clear that not all features must be<br />
fulfilled to set off the avalanche of ethnic mobilization; sometimes it is enough to<br />
have one ethnic group start national homogenization, invoking an automatic<br />
collective process in other ethnic groups.<br />
In order to make this definition more operational, it is helpful to resort to<br />
the concept of cognitive frames. Doing so, one may distinguish two stages of ethnomobilization<br />
in the former Yugoslavia. A shift from the normal frame to the crisis<br />
frame, or more properly the moment, in which the crisis frame becomes dominant<br />
can be regarded as the crucial point. Taking into account that within the crisis<br />
frame the peoples of Yugoslavia think about each other in terms of collective<br />
responsibility for past harms and atrocities, one may argue that a violent ethnic<br />
conflict became unavoidable as the crisis frame started to dominate. A shift from<br />
the normal frame to the crisis frame is thus to be regarded as a “point of noreturn”,<br />
at which the ethnic mobilization inevitably leads to violence. The<br />
establishment of this point of no-return is one of the major goals of this survey.<br />
25 The “top-down” direction in the process of dissolution of Yugoslavia in general is observed<br />
by Allcock, 418. This author seems to link it to the authoritarian rule forcing everything<br />
into the pattern of state-sponsored self-management and, doing so, impeding a creation<br />
of a civil society. See Allcock, 420.<br />
13
3. Prelude to Violent Conflict and Ethnic Mobilization under<br />
the Yugoslav Communist System<br />
3.1. Concept of Statehood during Socialist Yugoslavia<br />
The constitution of 1974 postulated a concept of statehood for Yugoslavia, the<br />
republics and the provinces that became decisive for the coming break-up of<br />
Yugoslavia. It was the result of historical and legal decentralizing and<br />
“democratizing” developments, which gradually conceded ground to the growing<br />
national/republican demands that in the end led to the dissolution of Yugoslavia.<br />
The concept provided for an almost equal position of republics and<br />
autonomous provinces 26 and formally transferred almost all “decisive”<br />
competences to the republican and provincial level. The question of whether the<br />
republican institutions ever had real decisive power has to be seen in the context<br />
of the decision-making process under Tito and his comrades. After his death, the<br />
federal authorities had a problem implementing any decisions they made as all<br />
important decision could be blocked by the mutual veto rights.<br />
The federal state apparatus was, at least at the top level, dominated by the<br />
principle of equal representation of republics and provinces (collective state<br />
leadership/presidency, republican and provincial representation in the communist<br />
party (Central Committee and Presidency of the LCY). The chairs of various state<br />
agencies were filled according to a rotation system based on an ethnic key.<br />
The provinces were granted a veto right concerning the changing of their<br />
constitutional status at federal level. They issued their own constitutions, had their<br />
own legislative, administrative and judicial system, including constitutional courts.<br />
3.1.1. Development of the Concept of Nations and Minorities<br />
The effect of this constitutional system, which provided Autonomous Provinces<br />
within Serbia, was that the largest minorities (Albanians and the Hungarians living<br />
in Kosovo and Vojvodina respectively) were directly represented at the federal<br />
level in the same way as the constitutive nations. Most notably in Vojvodina, rules<br />
of proportional representation and language rights were fairly applied to the state<br />
organization. In Kosovo proportional representation was slowly progressing but in<br />
most fields not fully achieved until the situation in Kosovo started to deteriorate.<br />
In the rest of the republics minority quotas were implemented at a local<br />
level as well. Minorities were proportionally represented in municipalities in the<br />
local assemblies and socialist organizations as a result of adoption of minority<br />
quotas. 27<br />
Besides “political” participation, which was fairly developed since the<br />
sixties, the promotion of cultural rights commenced immediately after the Second<br />
World War by establishing and gradually extending a minority educational system<br />
as well as assistance in cultural fields (newspapers or theatres in minority<br />
languages, etc.).<br />
Such rights were denied to the nations, which lived outside their “native”<br />
republics and were numerically inferior to the majority population, for example<br />
the Serbs in Croatia or the Croats in Slovenia (economic migrants whose number<br />
had increased considerably through the years). Any aspirations to form cultural<br />
associations were suppressed by the regime and denounced as “nationalistic”. The<br />
status of a “nation” was regarded as sufficient, since they were in a stronger<br />
26 Pešić, 7.<br />
27 Since the system of minority protection was never completely applied to all communes<br />
that had minorities living in their territory.<br />
14
political position (which in the Yugoslav context does not mean the freedom of<br />
political participation in a truly democratic sense), hence there was no need for<br />
protection.<br />
There was almost no institutional distinction between the republics and<br />
provinces anymore. The distinction manifested itself in the status attached to the<br />
inhabiting nations and nationalities. The first Basic Principle of the Federal<br />
Constitution stated that the “nations, proceeding from their right to selfdetermination,<br />
including the right to secede, […], have together with the<br />
nationalities with which they live, united in a federal republic of free and equal<br />
nations and nationalities …” 28 . Therefore they (the nations) were perceived to<br />
have a right of self-determination and secession under the Yugoslav Constitution.<br />
In the riots of 1968 and 1981 the Albanians (in particular in Kosovo) wanted<br />
their status to be changed from a national minority to that of a nation. This would<br />
have incorporated the mentioned rights of self-determination and secession.<br />
The Albanians in Kosovo were intentionally not granted the status of a<br />
nation with the Constitution of 1974 29 . Equalization was pursued by giving Kosovo a<br />
strong status providing almost all features of statehood and the adjustment of an<br />
Albanian representation in state agencies, hoping that a virtual equalization would<br />
satisfy Albanian demands.<br />
However, this compromise left the Albanians unsatisfied, as it amounted to<br />
a denial of the right to self-determination and secession.<br />
3.1.2. Self-determination and secession in particular<br />
The question of self-determination and secession was hardly dealt within the<br />
constitutional Yugoslav system and was vague under international law. How far the<br />
right of self-determination and secession goes is and was disputed both under the<br />
Yugoslav law and international law.<br />
Concerning the Albanian minority it is clear that they did not possess the<br />
right to self-determination and secession under Yugoslav national law. The<br />
Yugoslav constitution limited this right to constituent nations and Albanians were<br />
not granted this status. 30<br />
Today, after a long period of disputes in international law concerning the<br />
scope of the aforementioned rights, the right to (internal) self-determination<br />
concerning national minorities is tending to develop into a right of participation in<br />
political affairs and to preserve and develop their own identity. 31 In general, there<br />
is confusion on the basis of international law as to whether national minorities have<br />
the right to self-determination including the right to secession (external self-<br />
28 “The nations of Yugoslavia, proceeding from the right of every nation to selfdetermination,<br />
including the right to secession, on the basis of their will freely expressed in<br />
the common struggle of all nations and nationalities in the National Liberation War and Socialist<br />
Revolution, and in conformity with their historic aspirations, aware that further consolidation<br />
of their brotherhood and unity is in the common interests, have, together with<br />
the nationalities with which they live, united in a federal republic of free and equal nations<br />
and nationalities and founded a socialist federal community of working people – the Socialist<br />
Federal Republic of Yugoslavia, in which in the interests of each nation and nationality<br />
separately and of all of them together, they shall realize and ensure ...”, see The Constitution<br />
of the Socialist Federal Republic of Yugoslavia, translated by M. Pavčić, (Jugoslovenski<br />
pregled, Beograd 1989), S. 9.<br />
29 MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming)<br />
30 This interpretation was also adopted by the Constitutional Court of Yugoslavia in its decision<br />
of 19 February 1991. Cited after Peter Radan, The Break-up of Yugoslavia and International<br />
Law (Routledge, Oxon, 2002), 198.<br />
31 Antonio Cassese, Self-determination, a legal reappraisal (Cambridge University Press,<br />
Cambridge, 1995), 352, 353.<br />
15
determination), as the latter is granted to “peoples” only and not to national<br />
minorities. Moreover, public international law tends to preserve the sovereignty of<br />
existing states. 32 Although the concepts of minority rights and self-determination<br />
were developed independently, an overlap may occur, if the national minority is at<br />
the same time “a people” or a part of it, 33 as it is the case of Albanians. One may<br />
argue that in this situation the minorities’ rights are to be regarded as a fulfillment<br />
of the right to self-determination. 34 The latter may, however, generate the right to<br />
secession, if the minorities’ rights are gravely disregarded and secession represents<br />
the only way to avoid flagrant violations of these rights. 35 There is until now no<br />
clear legal position on Kosovo problem. Yet, it has been observed that in the<br />
practice of the UN with regard to Kosovo, reference to the right to selfdetermination<br />
is carefully avoided. 36<br />
Croatia and Slovenia and afterwards BiH and Macedonia had claimed that<br />
they had a right to self-determination and (an entailed) right to secession under<br />
the Yugoslav Constitution. Since the right to self-determination and secession<br />
referred to nations, the Serbs in Croatia and in BiH claimed that they also had the<br />
right to secession from the republics that wished to leave Yugoslavia.<br />
The claims of the four republics, however, were challenged by many<br />
Yugoslav scholars. 37 The Federal Executive Council took the position “that the right<br />
must result from a democratic process and not from a unilateral act.” 38 The same<br />
position was taken by the Constitutional Court of Yugoslavia which also stressed<br />
that Yugoslavia’s international borders can only be altered by virtue of laws passed<br />
by the Federal Assembly (Article 183). 39 This interpretation can be regarded as<br />
being in line with the concept of self-determination prevailing in international law,<br />
given its reluctance towards affirming a right to secession. 40 In contrast, the<br />
principle of the Yugoslav constitution understood autonomously and literally, as<br />
linking self-determination unconditionally to the right of secession, would go far<br />
beyond of what is established under international law. One must keep in mind that<br />
the right to secession under public international law, if acceptable at all, must<br />
preserve a character of “an absolute exception”. 41<br />
32 Knut Ipsen/ Hans-Joachim Heintze, Völkerrecht (C.H. Beck, München 2004), 423. According<br />
to M. Shaw “Self-determination as a concept is capable of developing further so as to<br />
include the right to secession from existing states, but that has not as yet convincingly happened.”<br />
See Malcolm N. Shaw, International Law (Cambridge University Press, Cambridge<br />
2003), 231.<br />
33 Ipsen/Heintze, 413.<br />
34 This was apparently the position of Badinter Committee in its opinion regarding the status<br />
of Serbians in Croatia and Bosnia-Herzegovina, see Opinion No. 2, (3) European Journal of<br />
International Law (1992), 184.<br />
35 Ipsen/Heintze, 414. This view is not shared e.g. by Shaw, 231. According to Heintze, the<br />
right to secession must have a character of “an absolute exception”. Ipsen/Heintze, 423.<br />
Heintze invokes an argumentum a contrario from the Resolution of the UN General Assembly<br />
Resolution on Friendly Relations (Friendly Relations Declaration, Res. 2625 (XXV)) which<br />
does not constitute a source of international law as such and may be only regarded as a<br />
piece of evidence of respective customary law rule.<br />
36 Ipsen/Heintze, 415.<br />
37 Cp. Ben Bagwell, “Yugoslavian Constitutional Questions: Self-Determination and Secession<br />
of Member Republics”, Georgia Journal of International and Comparative Law (1991), 489-<br />
523, at 509.<br />
38 Ibid., 511.<br />
39 Cited after Radan, 169 and 173.<br />
40 See supra, p. 15.<br />
41 See supra, fn. 35<br />
16
Under the international law the right to self-determination had developed<br />
from a vague principle of a right held by peoples. 42 Nevertheless, the principle of<br />
self-determination was not developed far enough, let alone the question about the<br />
implementation of such a right to self-determination or secession, that it could<br />
have provided rules for the handling of the process of dissolution in Yugoslavia. 43<br />
Therefore “the achievement of independence by Slovenia, Croatia, Bosnia and<br />
Herzegovina and Macedonia […took] place beyond the regulation of the existing<br />
body of laws.” 44<br />
The Badinter Committee applied the uti-possidetis principle to take ground<br />
from a further truncation of the seceding entities. Eventually, the right to selfdetermination<br />
and secession was recognized only for the former nations of<br />
Yugoslavia within the existing republican borders. This Badinter Committee’s idea<br />
of the uti-possidetis concept was vigorously criticized by many scholars. 45 Minorities<br />
like the Albanians or minorities that emerged with the dissolution of Yugoslavia<br />
(the Serbs in Croatia) were therefore not accorded the right to secession.<br />
Looking at the right to self-determination as a factor triggering the process<br />
of ethno-mobilization it is difficult to claim that its actual legal contents had a<br />
decisive impact on it. It was rather its common perception as a “right to secede”<br />
and this perception had no foundation either in the Yugoslav constitutional law, or<br />
in the public international law. This perception had a destructive impact.<br />
Accordingly, it was initially used by Croatia and Slovenia to justify their<br />
secession, 46 and subsequently by Serbian communities in Croatia and BiH to justify<br />
their secessions, 47 the last two in the capacity of the Serbian people as a<br />
constituent nation and not as a “minority”. This will be evaluated under point 5.4.<br />
3.1.3. The concept from Serbia’s perspective<br />
For all republics and nations and nationalities the development which Yugoslavia<br />
had undergone, presented a continuing affirmative process, except for Serbia, for<br />
which it was a reverse process.<br />
Serbia was the only republic with autonomous provinces. And its problem<br />
with the 1974-Constitution was twofold. Internally, the implementation of uniform<br />
laws on the whole republican territory was very difficult or even impossible, since<br />
laws, which were not approved by the provincial assemblies (basically laws had to<br />
be adopted by consensus of all three entities) applied only to “Serbia proper”. 48<br />
Externally, it was confronted with the fact the representative of the Serbia<br />
(proper) represented only one part of Serbs living on Serbian territory 49 , while the<br />
other republics represented their “nations” living in their republican territories<br />
Therefore in Serbia the resistance against such a concept of the Serbian<br />
state emerged. It was consolidated in the “Blue Book”, which was unpublished until<br />
1990 and perceived to be nationalistic by the other republics and in particular by<br />
42 Cassese, 65-66.<br />
43 This is mainly due to the fact that the concept of external self-determination was shaped<br />
largely within the decolonisation process. In this particular context, the territory for which<br />
the external self-determination was claimed did not constitute a part of the territory of the<br />
colonial power. Ipsen/Heintze, 422. The case of Yugoslavia’s dissolution was much different.<br />
The seceding republics were a part of Yugoslavia’s territory, the inviolability of which<br />
was moreover protected by constitutional provisions.<br />
44 Cassese, 270.<br />
45 These opinions are referred to by Radan, 242 who adopts a critical view himself too, see<br />
Radan, 247.<br />
46 See Radan 173 and 177 respectively.<br />
47 Radan, 173 and 177 respectively.<br />
48 Pešić, 9.<br />
49 Pešić, 8.<br />
17
the provinces. 50 On the Serbian side, the delay in addressing the attempts to<br />
redefine Serbian competences and institutionalize Serbian authority in an<br />
appropriate way on a common basis with the others was perceived as “part of the<br />
anti-Serbian coalition”. 51<br />
The incapability to resolve the problem by means of negotiation between all<br />
republics and provinces (which was necessary to address Serbian internal affairs<br />
according to the Constitution) resulted in the instrumentalization and exploitation<br />
of the question of Serbia’s status by nationalistic forces in the party, military and<br />
police. 52<br />
Serbian mass emigrations from Kosovo, the high birth rate amongst the<br />
Albanian population 53 and the gradual acquisition of proportional representation,<br />
meant a gradual weakening of the Serbian population in Kosovo. This was the<br />
starting shot for the coming tragedy of war in the former Yugoslavia.<br />
3.2. Economic Preconditions for Ethno-Mobilization<br />
In the economic context, two factors can be identified as contributing to ethnomobilization.<br />
Probably the most important factor is the profound decentralization<br />
of the decision making process resulting from the adopted system of workers’ selfmanagement.<br />
A substantial gap in the level of economic development between the<br />
republics is the second factor. Both factors must be seen against the background of<br />
overall “extreme crisis” 54 which plagued Yugoslavia in the eighties.<br />
The Constitution of 1974 at the latest transformed Yugoslavia into a de<br />
facto confederation. 55 It is even claimed that the adoption of this constitution put<br />
an end to the common state installing a system of Balance of Nations (or States) on<br />
the territory of SFRY. 56 The highly complex system of organizations of associated<br />
labour forming the key element not only of economic, but also of the political<br />
structure of the country could be hardly understood by ordinary people. At the of<br />
the day, a system which was supposed to defeat “technocracy” and<br />
“managerialism” by strengthening worker control over the enterprises fell easily<br />
under the control of local party bosses. 57 According to a study carried out in the<br />
eighties, there were oligarchic structures of power in place that worked in favor of<br />
50<br />
Pešić, 9.<br />
51<br />
Pešić, 9,10.<br />
52<br />
Pešić, 8.<br />
53<br />
Pešić, 10.<br />
54<br />
Sabrina Ramet, Balkan Babel (Westview Press, Oxford 2002), 50.<br />
55<br />
Baltić, 19.<br />
56<br />
Milan Kosanović, “Auf dem Weg zur selbstverwalteten Konföderation. Der jugoslawische<br />
Föderalismus im Spiegel der Verfassungstexte“, in Dittmar Dahlmann and Milan Kosanović,<br />
Sozialistisches Jugoslawien. Politik, Wirtschaft und Gesellschaft, Vorträge der Michael-<br />
Zikic-Stiftung 2001-2005, (Michael-Zikic-Stiftung, Universität Bonn, Bonn 2005), 63-98, at<br />
93.<br />
57<br />
Allcock, 92. Christiane von Kohl identifies two factors which led to this development. The<br />
first factor lies in the nature of Kardelj’s self-management concept: The decentralization of<br />
decision-making process did not go along with the abolishment of the monopoly of the<br />
Communist Party which was still supposed to be “responsible for everything”. The second<br />
factor is the mentioned complexity of the system. It became complex in the course of the<br />
reforms in the sixties and – above all – with the Law on Associated Labor (Zakon o<br />
udruženom radu) from 1976. The bureaucratic and incomprehensible language, in which it<br />
was written, made it vulnerable to arbitrary interpretation by the party functionaries.<br />
Christiane von Kohl, Jugoslawien (C.H. Beck, München 1990), 19-21. See also from the economic<br />
point of view Werner Gumpel, “Das Wirtschaftssystem”, in Klaus-Detlev Grothausen<br />
(ed.), Handbuch Südosteuropa. Band I.Jugoslawien (Vandenhoeck & Ruprecht, Göttingen<br />
1975), 199-234, at 230.<br />
18
the professional management and against the interests of workers. 58 Hence, one<br />
may assume that the economy was controlled by managerial and party elites at the<br />
republican or regional level advocating particular and egoistic local, mostly<br />
republican interests. 59<br />
Because of the aforementioned development cleft and differences in the<br />
economic structure of the republics, their economic interests were often<br />
contradictory and revealed high conflict potential. This conflict potential could not<br />
be mitigated by establishment of the FADORUK (Federal Fund for Accelerated<br />
Development of the Undeveloped Republics and Kosovo). On the contrary, it was<br />
even aggravated as it served as reason for complaints from all parties about the<br />
volume and allocation of FADORUK resources. 60 In general, it has been observed<br />
that the most open conflicts taking place between the elites of various republics<br />
referred to economic contradictions and the uneven distribution of wealth.<br />
Therefore these must not be underestimated. 61<br />
The impetus for ethno-mobilization could arise out of this situation and it<br />
did arise as the articulation of economic interests of the republic shifted to<br />
nationalistic argumentation. 62 The economic interests hidden behind the<br />
nationalistic rhetoric were also contradictory, as assessed in the context of<br />
potential secession. Whereas Slovenia, with its manufacturing and food-processing<br />
links to Austria, Italy and Germany, and Croatia, with its tourism sector, were in<br />
the position to generate economic growth as independent states, the prospects for<br />
the Serbian economy, especially in the case of the loss of Kosovo or even<br />
Voivodina, were very unfavourable. 63 Over the course of the economic crisis in the<br />
eighties, the Slovenian elites for example, formulated a political program which<br />
was summarized by the slogan “Nećemo u Evropu preko Beograda” (we don’t want<br />
to go to Europe via Belgrade). 64 The inner-Yugoslav ties were not strong, and the<br />
local elites were ready to break them as soon as their economic interests could be<br />
realized in a different setting in a more effective manner. 65<br />
The main characteristics of the economic crisis in the eighties were<br />
tremendous foreign debt, denied access to new credits, recession and falling<br />
industrial production. 66 The inability of the central Yugoslav government under<br />
Ante Marković to enforce reform steps against the resistance of republican elites 67<br />
seems to confirm the decisive role of the latter. The more the crisis proceeded,<br />
the more economic egoism determined inter-republican relations and the more this<br />
contradictory economic egoism generated nationalism. The Serb-Croat opposition<br />
seems to play a particularly important role and this issue will be explored below.<br />
As far as contradictory economic interests are to be considered as a basis<br />
from which nationalistic feelings arose that shifted the cognitive frame and led to<br />
the violent ethnic conflict, this process fits best into the constructionist<br />
explanation model of ethno-mobilization.<br />
Finally, one more aspect of the economic reforms of the eighties must be<br />
added. The reform steps taken under the pressure of International Monetary Found<br />
58<br />
Jakir, 140 quoting a study of Vladimir Arzenšek, Sudbina radničkih saveta, Sociologija<br />
(1984), 13.<br />
59<br />
Jakir, 122-124, 128. This view seems to be shared by Allcock, 93 and 426.<br />
60<br />
Baltić, 16-17; Jakir, 146.<br />
61<br />
Jakir, 103.<br />
62<br />
Jakir, 104.<br />
63<br />
Allcock, 427.<br />
64<br />
Eiff, 192<br />
65<br />
See also Eiff, 184.<br />
66<br />
Its nature and roots are not evaluated here as they have little to do with ethnomobilization.<br />
For a compact description see Allcock, 423 and Ramet, 50-51.<br />
67<br />
Allcock 97; Eiff, 188.<br />
19
(hereafter: IMF) from 1985-1986 dismantled the system of self-management and<br />
abolished the organizations of associated labor. 68 On the one hand, it is true that<br />
the capability of this system to generate economic growth was low and this became<br />
visible to foreign scholars much earlier. 69 On the other hand, the symbolic power of<br />
self-management must not be underestimated. Self-management was the<br />
“Yugoslav road to socialism”, the entire pride arising from Tito’s “no” to Stalin, a<br />
trump in foreign policy, an object of fascination for foreigners, and along with the<br />
partisan myth a core element of “Yugoslav” identity. 70 Noting this, one must be<br />
aware of how important this brace, which was taken away by the reform from<br />
1985-1986, had been.<br />
3.3. Increasing of Ethnic Tensions<br />
The cleansings of Croatian Spring had led to a subdued attitude of the Croatian<br />
Communist Party in the eighties, which in turn lacked legitimacy from the Croatian<br />
population. 71 As there was no official political forum, nationalism spread latently<br />
through the civil society in Croatia. It was promoted by the processes going on in<br />
Serbia.<br />
Milošević picked up what was provided by the church and the intellectuals. 72<br />
He put it on the political stage and made it accessible to a broader population so<br />
that nationalism could spread. He used mass-movements and an anti-bureaucratic<br />
revolution against the institutionalized system of the provinces “impeding” Serbian<br />
power (in his nationalistic sense). Thus he brought down the provincial leadership<br />
in Vojvodina, cleansed the leadership in Kosovo, and seized power with his allies in<br />
Montenegro. 73<br />
Tensions also became appreciable in Croatia. In the late eighties pro-<br />
Serbian demonstrations of Croatian Serbs took for example place in Knin. 74 This was<br />
another step in the spiral of ethnic mobilization in Croatia, which also shifted the<br />
Croatian national/istic estimation to a higher level. The Croatian Communist Party<br />
(except for many of the Serbian party members) and the Croatian population took a<br />
critical view of Milošević’s policy. 75<br />
While throughout the eighties the media became less and less restricted and<br />
diverse political opinions were present in public, a definitively open stadium of<br />
ethnic mobilization was only reached with the legalization of other parties for<br />
democratic elections besides the Communist Party. It looked like now<br />
“nationalism” had an open political stage in Croatia and BiH.<br />
68 Ramet, 50.<br />
69 See for example the critical assessment of Wolfgang Gumpel from 1975; Gumpel, 212-<br />
214.<br />
70 See Allcock, 422; von Kohl, 19; Tadeusz Szymczak, Jugosławia. Państwo Federacyjne<br />
(Wydawnictwo Łódzkie, Łódź 1982), 202. From the point of view of the “official” Yugoslav<br />
ideology, “a common progress and goals in a socialist self-managing community of peoples“<br />
was the factor uniting multi-ethnic Yugoslavia, considered even as more important than the<br />
partisan myth. See Michael B. Petrovich, “Population structure”, in Klaus-Detlev<br />
Grothausen (ed.), Handbuch Südosteuropa. Band I.Jugoslawien (Vandenhoeck & Ruprecht,<br />
Göttingen 1975), 322-344, at 337<br />
71 Petricusic, 5.<br />
72 Pešić, 13.<br />
73 Petricusic, p. 6, cited after: Paul Garde, Život i smrt Jugoslavije (Ceres, Zagreb, 1997),<br />
246-255.<br />
74 Petricusic, 6.<br />
75 Petricusic, 6.<br />
20
Nevertheless, the political protagonists promoting nationalism who emerged<br />
in the nineties came from the opposition in Croatia - although Tuđman was a<br />
former partisan and a Communist Party member, he belonged to the group of<br />
dissidents who were imprisoned for their (nationalistic) opinions and attitude<br />
against the regime in the seventies and eighties.<br />
The fact that the republics sought independence by building nation states<br />
loomed seriously ahead. This concept was suitable for all the republics, except BiH<br />
in which no nation had an absolute majority. 76<br />
The situation that arose at the eve of the war was dominated by two rival<br />
nationalisms striving for contradictory political and economical aims.<br />
76 Ćurak, Seizović, Šačić, Turčalo, , 7.<br />
21
4. Actors and Means of Ethno-Mobilization<br />
4.1. Politicians/Political Parties<br />
4.1.1. Developments on the political scene<br />
Knowing well the fragile situation in BiH, the Communist Party of BiH tried to<br />
impede the establishment of political parties based on national or religious<br />
grounds. The attempt failed and the multi-party elections brought the country a<br />
political break-up almost entirely along ethnic lines. None of the three large<br />
nationally-affiliated parties in the parliament won an absolute majority,<br />
proportional to Bosnia and Herzegovina’s population, however they defeated the<br />
former Communist Party (13 %) and the other small parties that altogether had a<br />
share of 4.6 % in the elections. 77<br />
In addition to participation in the newly built Bosnian state, the<br />
representatives of the SDS (Srpska Demokratska Stranka) - the Serbs in BiH -<br />
created their own para-state institutions (the Assembly of the Serb People in BiH)<br />
and issued an unconstitutional referendum on the question of whether the citizens<br />
agreed with “the decision made by the Serbian people in BiH and Herzegovina on<br />
24 October 1991, that the Serbian people should remain in the common country of<br />
Yugoslavia, together with Serbia, Montenegro, SAO Krajina, SAO Slavonija, Baranja<br />
and Western Srem”. 78 The outcome of the referendum marks the end of the<br />
parliamentary work of all three nations in BiH. 79<br />
BiH was the last of the four republics seeking international recognition to<br />
conduct a referendum on independence - one of the conditions for recognition as<br />
an independent state posed by the Badinter Committee. In February/March 1992<br />
the Referendum of Independence of BiH was held and affirmed by 99.44 % of the<br />
participating population (Bosniaks and Croats), while the Serb population<br />
boycotted the referendum. Shortly before the Republika Srpska of Bosnia and<br />
Herzegovina was created, a Constitution proclaiming the “state of the Serbian<br />
people and all other citizens” was issued. 80<br />
The completion on the Bosnian Croatian side was established with Hrvatska<br />
zajednica Herceg-Bosna (18 October 1991), renamed the Hrvatska Republika<br />
Herceg-Bosna on 28 August 1993 – a separate economic, political, cultural and<br />
ethno-territorial unit on the territory of Bosnia and Herzegovina. 81<br />
Ethnic cleansing took place in the form of expulsion of non-Croatian<br />
population, removing of local non-Croatian leaders, spreading ideas of Larger<br />
Croatia and Croatian symbols. 82<br />
The behaviour of their fellow-citizens, the Bosnian Serbs and Croats,<br />
induced the ethno-mobilization and ethno-religious radicalization of Bosniaks. The<br />
Bosnian <strong>report</strong> sees ethno-mobilization in BiH as a reaction to the ethnomobilization<br />
in Serbia and Croatia, in which the Bosniaks were the last group<br />
grasped by nationalism and ethnic hatred. 83<br />
The SDA (Stranka Demokratske Akcije) (Muslims/Bosniaks) emerged as the<br />
strongest party from the elections in 1990. However, the MBO (Muslim Bosniak<br />
Organization) split from the SDA immediately after a rally in Velika Kladusa on 15<br />
77 Ćurak, Seizović, Šačić, Turčalo, 12, 13.<br />
78 Ćurak, Seizović, Šačić, Turčalo, 16, 17.<br />
79 Ćurak, Seizović, Šačić, Turčalo, 36.<br />
80 Ćurak, Seizović, Šačić, Turčalo, 42.<br />
81 Ćurak, Seizović, Šačić, Turčalo, 38.<br />
82 Ćurak, Seizović, Šačić, Turčalo, 36.<br />
83 Ćurak, Seizović, Šačić, Turčalo, 20 fn. 20, 24, 36.<br />
22
September 1990 which bore Muslim-nationalist symbols, with the argument that the<br />
SDA was too religious. 84<br />
In this context it is interesting that the group around Alija Izetbegovic,<br />
adopted leading political positions only after the first multi-partisan elections,<br />
while they played no outstanding role during the electoral campaign. 85<br />
The Croatian <strong>report</strong> also postulates that the emerging nationalism in the<br />
late eighties was spilling over from the eastern neighbourhood. 86<br />
The voting system in Croatia 87 and Serbia allowed the HDZ and the SPS to<br />
occupy the absolute majority of the parliamentarian seats - while their majority<br />
was only a relative one according to the election results.<br />
Once the HDZ, with Tuđman on top, assumed institutionalized political<br />
power, it developed further political supremacy. For this purpose the media were<br />
aligned and freedom of (oppositional) speech was suppressed. The triumph of the<br />
HDZ in the elections, whose members revealed ultra-nationalist statements against<br />
Serbs and Jews, shifted radicalism and support for the, until then, rather weak<br />
party of the Croatian Serbs (established in 1990) to a higher level. 88 The<br />
referendum on the independence of Croatia (May 1991), adopted in (25 June) and<br />
proclaimed in October 1991, was partly boycotted by the Serb population. A<br />
“referendum on Serbian autonomy” had taken place in August 1990. In December<br />
1990, Croatian Serbs in Knin proclaimed the Serbian Autonomous district Krajina<br />
and announced independence from Croatia. 89<br />
Milošević’s Socialist Party of Serbia, a transformation of the League of<br />
Communists of Serbia, continued the policy it commenced of intermingling left<br />
ideologies and nationalism, using the slogans of extreme right wing parties to make<br />
people believe that these parties would direct the country into war. 90 The state<br />
media were in line with Milošević’s policy, and he did not hesitate to use all means<br />
to suppress any opposition in Serbia.<br />
In Pristina, three days before the provincial assembly was dissolved by<br />
Milošević it issued The Declaration of Independence. Three months later, deputies<br />
from the dissolved assembly proclaimed a Constitutional law for “The Republic of<br />
Kosovo,” and finally one year later a referendum – attended by Albanians - was<br />
held on the same issue, in which 99 % voted in favour of an Independent Kosovo.<br />
The <strong>report</strong> from Kosovo states that the political leadership in Kosovo<br />
pursued a rather passive approach towards the increasing Serbian suppression. This<br />
ineffectiveness, which did not lead anywhere for the Albanians in Kosovo, caused<br />
the formation of the KLA (Kosovo Liberation Army), who pursued different tactics<br />
to remedy the situation of the Albanians in Kosovo. 91<br />
In Macedonia a relative majority was won by the nationalist VMRO-DPMNE,<br />
however the transformed Communist party and other parties acted as<br />
counterbalance and the presidency went to a person with a moderate attitude:<br />
Kiro Gligorov. 92 After the admission of the equalization of the Albanian ethnic<br />
group, the referendum on independence, held on 8 September 1991 was boycotted<br />
and the Constitution adopted on 17 November 1991 was rejected by the Albanian<br />
population. 93 They organized a referendum on their own for the establishment of<br />
84<br />
Ćurak, Seizović, Šačić, Turčalo, 39.<br />
85<br />
Ćurak, Seizović, Šačić, Turčalo, 15.<br />
86<br />
Petricusic, 5.<br />
87<br />
Petricusic, 6, 7.<br />
88<br />
Petricusic, 7.<br />
89<br />
Petricusic, 7.<br />
90<br />
Pešić, 15, 19,<br />
91<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
92 Ilievski, 5, Pešić, 21.<br />
93 Ilievski, 37.<br />
23
an “Autonomous Republic of Ilirida” in January 1992 on the territory inhabited<br />
predominantly by Albanians. 94<br />
The Badinter Committee considered all conditions to be fulfilled by the<br />
Macedonian state (including the minority rights protection) and recommended its<br />
recognition 95 ; however, at first Macedonia was not recognized since Greece<br />
prevented recognition by the EC States due to the dispute over the name of the<br />
newly independent state. 96<br />
4.1.2. Evaluation<br />
The results of the first multi-party elections, and in particular the voting systems<br />
implemented in different republics, set the course for further developments<br />
throughout the nineties. It was in particular the strong position that the HDZ and<br />
SPS gained in Croatia and Serbia respectively without a real political<br />
counterbalance that enabled political power to be channeled in a certain direction.<br />
This also influenced the fate of Bosnia and Herzegovina. The transformed<br />
Communist Parties lost elections in all republics to the right wing parties, except in<br />
Serbia. 97 In Macedonia, however, there was some counterbalance from the other<br />
parties who were involved in the political decision-making process.<br />
The time of 1990-1992 was full of referenda and counter referenda and<br />
proclamations of independence in all republics throughout former Yugoslavia –<br />
except in Serbia (“Proper” and Vojvodina), Montenegro, 98 and Kosovo.<br />
On the one hand it was a reaction to the conditions posed by the Badinter<br />
Committee to gain independent statehood for the republics (as the republics had<br />
proclaimed independence before the referenda were held). At the other hand it<br />
was the desire to form new entities adjusted to the needs of the different ethnic<br />
groups within the actually existing borders, based on a perceived right to selfdetermination<br />
and secession.<br />
In the comparative perspective, one may observe a twofold similarity of the<br />
situation in Serbia and in Croatia. In both republics, an absolute majority was won<br />
by parties advocating nationalistic ideologies led by charismatic leaders willing to<br />
consolidate political power. These victories – generated by the electoral system to<br />
a larger extent in Croatia than in Serbia – resulted in the radicalization of political<br />
forces acting within the other ethnic (“minority”) communities in both republics:<br />
the Serbs in Croatia and the Albanians in Serbia. This scenario was avoided in<br />
Macedonia with respect to the Albanian community because of, first, the moderate<br />
approach of the President, and second, the existence of real political counterweights<br />
limiting the power of the victorious party. The consolidation of the Bosnian<br />
political scene along ethnic lines 99 can be seen as a derivative of what had<br />
happened in Croatia and Serbia. At the time of elections in BiH (18 November<br />
1990), an authoritarian nationalistic rule was already consolidated in Croatia and<br />
Serbia as a result of the elections in April/May 1990 and the “anti-bureaucratic<br />
revolution,” respectively. The established condominium of forces, becoming<br />
94 Ilievski, 4, 37.<br />
95 Ilievski, 28.<br />
96 Ilievski, 28.<br />
97 And Slovenia, which can be left aside in this particular context.<br />
98 The referendum of Independence of Montenegro from Serbia followed in 2006.<br />
99 Each of the nationalist parties attracted at least 84 per cent of votes from their respective<br />
national constituencies. See Radan, 183. One must, however, note that also the parties<br />
of Bosnian Serbs and the Croats had quite moderate programmes initially, which became<br />
more and more nationalistic due to the influence exerted on them by Belgrade and Zagreb<br />
government respectively.Petritsch, 32-33.<br />
24
themselves more and more nationalistic, 100 could not integrate the ethnic-groups in<br />
Bosnia and Herzegovina or significantly slow down ethno-mobilization.<br />
The process of how the political leaders in Croatia, but also in Serbia<br />
assumed control over the intellectuals is well described by Dubravka Ugresic. 101 It<br />
consisted mainly in corrupting one group appointing them for various “honourable”<br />
state positions, while fingering the others as traitors, the latter method being also<br />
consequently used towards all moderately minded people.<br />
4.2. Civil Society and Intellectuals<br />
The initiative of Serbian intellectuals culminating in the Serbian Academy of<br />
Science and Arts (SANU) memorandum of 1986 remained without example in the<br />
other republics. In the late eighties intellectuals publicly expressed complaints<br />
about the suppressive regime throughout all the republics. Within the newly<br />
established states many of them took the same line with the respective regimes. In<br />
Croatia, however, there emerged NGOs who monitored human rights and helped<br />
minority members with legal and factual assistance. 102<br />
In Macedonia the political scenery was more diversified than in Serbia and<br />
Croatia. Intellectuals who did not adopt a nationalistic attitude nevertheless<br />
remained in the minority. 103<br />
The situation in Kosovo was different. The demonstrations in 1968, 1981<br />
were all dominated by students and professors. During that time the University in<br />
Pristina and the schools were regarded as strongholds of Albanian nationalism.<br />
Later on, intellectuals were not just one of many groups who played an important<br />
role in the political process - they were the group from which most of the political<br />
protagonists were recruited. This might be explained by the desire to compensate<br />
for the lack of education that was attached to the Albanian ethnic group for a long<br />
time. 104<br />
The role of intellectuals in ethno-mobilization was decisive, as they gave<br />
the nationalist movements the “scientific” shift and justification on which the<br />
other strata of society could rely to justify their own views or deeds.<br />
4.3.1. JNA<br />
4.3. Military, Paramilitary and State Intelligence Agencies<br />
The Yugoslav Peoples Army (hereinafter JNA – Jugoslovenska Narodna Armija) was<br />
regarded as the guardian of Yugoslav Integrity under Socialist Yugoslavia and<br />
remained a stronghold of conservative forces closely connected to the Communist<br />
Party. The JNA derived its position from the “heroic victory” over the fascist<br />
enemies and the “liberation of the South Slav peoples”. It was the military wing of<br />
the League of Communists of Yugoslavia. 105 When the routing institution - the<br />
League of Communists of Yugoslavia - disintegrated and the position of the JNA was<br />
questioned in the changing political atmosphere in the republics, it had to seek a<br />
100<br />
Petritsch, ibid.<br />
101<br />
Dubravka Ugrešić, The Culture of Lies. Antipolitical essays, (Penn State University Press,<br />
Pennsylvania 1998), passim.<br />
102<br />
Petricusic, 9.<br />
103<br />
Ilievski, 9.<br />
104<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
105 Pešić, 14.<br />
25
new ally who would secure the strong position it once held. 106 JNA officers had<br />
offered to defend Yugoslavia’s unity but were rejected by the Yugoslav Federal<br />
presidency. 107 JNA became de facto “vojska bez države” – an army without a<br />
state. 108<br />
Milošević, claiming to be the guardian of Yugoslav unity and assertor of<br />
socialist values, won the high representatives in the JNA over to his purposes,<br />
pursuing his goals with behaviour models well known and well fitting to the JNA<br />
from former Yugoslav times. 109<br />
When tensions rose, the military servants were withdrawn to their<br />
respective republics and the JNA-Corps became nationally homogenized with a<br />
composition of almost exclusively Serbs and Montenegrins. 110 This “Serbization” of<br />
the JNA was to some extent also brought about by members of other nationalities<br />
which deserted from the army or simply left it, as they were unwilling to<br />
participate in its attempts to preserve Yugoslavia. 111 Much of the personnel who<br />
left the JNA became the root of new armies in the separatist territories. 112 The<br />
decisive fact is that in a relatively early stage of the conflict the JNA was standing<br />
shoulder-to-shoulder with Milošević’s regime and Serb separatists in Croatia and –<br />
most evidently – in BiH. This mere fact was known to the Croats and Bosniaks and,<br />
as will be argued below, could have contributed to ethno-mobilization. One may<br />
also conclude that the Titoist JNA was not a source of ethno-mobilization but let<br />
itself be used by politician as an instrument of it.<br />
4.3.2. The Republics<br />
Military staff in the territories barricaded by the Serbs comprised regular JNA units,<br />
local Territorial Defence Forces (hereinafter: TDF 113 ), Serbian and Montenegrin<br />
TDFs, local and Serbian Ministry of Interior (hereinafter MUP) police forces and<br />
paramilitary units. 114<br />
The JNA officially withdrew from the Croatian territory in May 1992, leaving<br />
equipment behind, which provided the local Serb rebels with arms. Initially the<br />
JNA did not openly take sides between the Croatian government and the Croatian<br />
Serb population. With these events, the JNA openly took sides with Serbs in<br />
Croatia. 115<br />
A similar scene developed in BiH, even though the incidents in the forefront<br />
of violent conflict were less spontaneous than in Croatia. The JNA’s own newsletter<br />
regularly issued accusations against the Croatian and Muslim parties and individuals<br />
for taking a hostile attitude towards Serb leaders and the Army. 116 The Bosnian<br />
<strong>report</strong> traces the scaremongering in the Serb population by diverse Serb institutions<br />
precisely. In November 1989 the National Security Service of Serbia had already<br />
evacuated the Serb population in two Bosnian municipalities allegedly under<br />
106<br />
Pešić, 14.<br />
107<br />
Petricusic, 8.<br />
108<br />
Eiff, 180.<br />
109<br />
Petricusic, 8.<br />
110<br />
Pešić, 15.<br />
111<br />
See Eiff, 197<br />
112<br />
The armies of Slovenia, Croatia and BH consisted mainly of military personnel and<br />
equipment of the former JNA. Final <strong>report</strong> of the United Nations Commission of Experts established<br />
pursuant to security council resolution 780 of 1992 (hereinafter: “Bassiouni Report”),<br />
Annex III, The military structure, strategy and tactics of the warring factions, available<br />
under http://www.ess.uwe.ac.uk/comexpert/ANX/III.htm, at § II.<br />
113<br />
Which were republican Territorial Defence Forces.<br />
114<br />
Petricusic, 8.<br />
115<br />
Petricusic, 8.<br />
116<br />
Ćurak, Seizović, Šačić, Turčalo, 18, 19, 20.<br />
26
Muslim fundamentalist pressure. 117 Such actions and Serb propaganda were used to<br />
provoke destabilization in BiH in order to involve the JNA, 68% of whose soldiers<br />
were stationed in BiH, and further federation militia in Bosnia and Herzegovina’s<br />
affairs. 118<br />
Due to the violent conflicts with the JNA, the Bosnian Serbs and later the<br />
Croatian Defence Council, ethno-mobilization also reached the ARBH (Armija<br />
Republike Bosne i Hercegovine - Bosnian Army), which absorbed more and more<br />
mono-national (Muslim/Bosniak) and religious elements.<br />
In this period the Macedonians managed to withdraw their soldiers from the<br />
JNA and the territory of the other republics without violent incidents. The JNA left<br />
the Macedonian territory peacefully in 1992 and took most of the valuable military<br />
equipment with them. This is mainly attributed to the fact that Macedonia had no<br />
significant Serb population on whose behalf Milošević’s regime could make<br />
territorial demands. 119 Furthermore, the JNA was already engaged in Croatia and<br />
BiH, and Milošević counted on Macedonia’s inability to survive on its own. 120 There<br />
was therefore no issue regarding the triggering ethno-mobilization by the JNA in<br />
Macedonia.<br />
Armed crisis did not break out on the territory of Macedonia until 2001.<br />
Throughout the nineties the establishment of Albanian paramilitary formations was<br />
<strong>report</strong>ed. However the Albanian National Liberation Army involved in the clashes in<br />
2001 was formed in 1999. 121<br />
Ethnic conflict is defined as ethnic Albanian insurgency in Macedonia, led by<br />
the NLA and initially sparked from Kosovo, after pressure had been released there<br />
by the NATO bombardments in Serbia.<br />
4.3.3. Kosovo<br />
After the Autonomy of Kosovo had been abolished, a repressive period followed in<br />
which schools were closed and students ousted from the university. The police<br />
forces tightened the repression and torture of Albanians. After the outcome of the<br />
negotiations on the termination of the war in BiH, the problems of the Albanians in<br />
Kosovo passed unnoticed internationally. 122 This increased frustration amongst the<br />
Albanians and led to the foundation of the Kosovo Liberation Army (KLA). The<br />
attacks on Serbian local representatives and policemen caused a brutal reaction by<br />
fully equipped Serb police, military and paramilitary forces against KLA units and<br />
masses of civilians until the NATO bombardments of 1999. 123<br />
4.3.4. Evaluation<br />
The JNA was not only an important factor in ethno-mobilization, but it was also<br />
subjugated to it 124 by the withdrawal of all non-Serb or Montenegrin soldiers from<br />
the JNA to their respective republics and the internal dissemination of propaganda<br />
(accusations that the Croatian and Muslim enemy allegedly wanted to harm the JNA<br />
and the Serbs). However, with the ethnic separation of the JNA, the Yugoslav<br />
National Army ceased to exists. It might be said that the JNA was mistrusted by the<br />
117<br />
Ćurak, Seizović, Šačić, Turčalo, 21.<br />
118<br />
Ćurak, Seizović, Šačić, Turčalo, 20, cited: Suzan Vudvord, Balkanska tragedija: Haos i<br />
disolucija nakon Hladnog rata (Filip Višnjić, Beograd, 1997), 255.<br />
119<br />
Ilievski, 8,9.<br />
120<br />
Ilievski, 33, 34.<br />
121<br />
Ilievski, 9.<br />
122<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
123<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
124<br />
In General: Petricusic, 8, cited after, Donald. L. Horwitz, Ethnic Groups in Conflict (University<br />
of California Press, Berkeley, 1985), 443-471.<br />
27
other nations due to the overrepresentation of Serb and Montenegrin leading staff<br />
in Yugoslavia. 125 And again, the prefabricated perception – in this case which side<br />
the JNA would take - was fulfilled.<br />
Looking at the role of the military from the perspective of changing the<br />
cognitive frame, it might have been important that the JNA entered visibly into a<br />
sort of alliance with the Serbs and became Serbian-dominated. This fact changed<br />
the situation insofar as it entailed an armed power siding with just one party in an<br />
already considerably sharp ethnic conflict. Bosniaks and Croats found themselves in<br />
such a situation for the first time after World War II. Given this, the perception of<br />
being threatened, in this case by the Serbs, may have become significantly more<br />
intense and consequently contributed to changing the cognitive frame to a crisis<br />
frame.<br />
One can, however, hardly speak about the spontaneous formation of armed<br />
units and militarization as a consequence of ethno-mobilization, as it seems to be<br />
rather a process driven and organized from the top. 126 Although 83 paramilitary<br />
units operating on the territory of the former Yugoslavia were counted in 1994,<br />
there is strong evidence that they were indirectly controlled or at least supplied by<br />
the respective political leaders. 127 The command chains were, however, purposely<br />
blurred in order to shield the perpetrators of serious war crimes committed by<br />
these units from responsibility. 128 In addition, the decentralization of military<br />
activities and structures (combined with conventional warfare) corresponded to the<br />
official Yugoslav military doctrine of Total National Defence, the latter relying on<br />
positive partisan experience with these tactics in World War II. Political parties<br />
founded their own military units directly as well. 129<br />
The contribution of the newly formed units to the process of ethnomobilization<br />
was overwhelmingly made after the border to the crisis frame had<br />
already been crossed and atrocities committed by the units were revealed. The<br />
Kosovo Liberation Army was formed relatively late, although it can be argued that<br />
Kosovars had been acting within the crisis frame since riots of 1981 at the latest.<br />
Another kind of contribution of the numerous paramilitary units to ethnomobilization<br />
should be seen in the enhancement of the security concerns of<br />
ordinary people, which is particularly significant from the point of view of changing<br />
the cognitive frame to crisis frame. Judging on the basis of the date on which the<br />
units were founded (Arkan Tigers: November 1990, Šešejl’s forces: late 1990/early<br />
1991) 130 their impact could have slightly differed in Croatia on the one hand and in<br />
BiH on the other. In Croatia, ethnic tensions were already more advanced (HDZ and<br />
Tuđman had won the elections half a year earlier), whereas it was the time of<br />
election campaign or directly following it in BiH. There is reason to believe that<br />
the frame had already been switched to the crisis frame in Croatia, whereas this<br />
process was still to come in BiH. This will be referred to below.<br />
Scaring, threatening and even killing moderates and non-nationalists can, as<br />
said, surely be regarded an important factor triggering ethno-mobilization to which<br />
the paramilitary groups contributed. According to Anthony Oberschall:<br />
125<br />
Already in the Croatian Spring, there had been demands for a separate army. Baltić, 17.<br />
126<br />
See also Eiff, 199.<br />
127<br />
See Bassiouni Report, Annex III.A Special forces, at § C. Some of the leading figures of<br />
these units, for example Arkan and Vojislav Šešejl, were directly involved in the politics.<br />
128<br />
Bassiouni Report, Annex III, The military structure, strategy and tactics of the warring<br />
factions, available under http://www.ess.uwe.ac.uk/comexpert/ANX/III.htm, at § II.<br />
129<br />
Bassiouni Report, ibid.<br />
130<br />
Bassiouni Report, Annex III.A Special forces, § I D 1.<br />
28
Ordinary people could not escape ethnic polarization. In an interview a<br />
Serb taxi driver explained: “No one wanted the coming war, but if I<br />
don’t fight, someone from my side will kill me, and if my Muslim friends<br />
don’t fight, other Muslims will kill them” 131<br />
There are no reasons to believe that the situation in this regard was much<br />
different outside BiH. However the exclusion of moderates was, as noted, a<br />
general political plan which was only reinforced by threats of violence. The only<br />
republic in which the paramilitary units played a more or less autonomous role in<br />
this regard was Macedonia with the NLA. 132<br />
The declining JNA made it possible for Serb rebels in Croatia and BiH to<br />
keep the territories won by force. The Serb military, police and paramilitary forces<br />
helped stabilize the occupation through ethnic cleansing conducted by executions,<br />
deportation of non-Serb civilians, or in BH by deportation. Similar tactics were used<br />
by the Croatian forces in Bosnia and Herzegovina.<br />
Bosnian Croats were assisted financially and technically by Croatia and the<br />
Croatian army. Once ethno-mobilization captured the ARBH, each of the three<br />
armies stood for one ethnic group and religion.<br />
4.4. Influence of Diaspora<br />
The role of the diaspora was very important among the Croats, Albanians and<br />
Macedonians, even if the modes of influence fundamentally differ.<br />
The situation in Croatia is best explained with the citation from the Croatian<br />
<strong>report</strong>, which comprises all that can be said.<br />
General Martin Špegelj, first minister of defence, argues that the<br />
Ustashism in Croatia has “been brought from outside, by the return of<br />
extreme emigrants in Croatia. They were not high or lower ranking<br />
officers of former NDH, but those who thought that heritage of<br />
Ustashism will be good ground for creation of new power in Croatia, and<br />
that they would obtain personal profit. Indeed, they won power and<br />
personal profits; however, their presence in politics has caused shaking<br />
of power and big problems even nowadays. That fact, alongside with<br />
undermining of Serb’s houses in Spring 1991, made worse damage to the<br />
Croatia’s defence than whole JNA aggression. We have suffered<br />
consequences ever since and witness different sorts of neo-fascism<br />
emergence”. 133<br />
The Macedonian diaspora supported the independence of Macedonia and the rights<br />
of Macedonian minorities in the neighbouring countries in the sight of disputes with<br />
Greece and Bulgaria. 134<br />
The Albanian diaspora, of which some members had immigrated to western<br />
countries to find refuge and were politically involved, endowed Albanians in Kosovo<br />
financially. 135 Some of the young diaspora members returned to Kosovo to take part<br />
in the hostilities. 136<br />
131<br />
Oberschall, 996.<br />
132<br />
Ilievski, 17-18.<br />
133<br />
Petricusic, 21, cited after Martin Špegelj , Sjećanje vojnika (Memories of a Soldier)<br />
(Znanje, Zagreb, 2001), 55-56.<br />
134<br />
Ilievski, 4.<br />
135<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming); Ilievski, 4.<br />
There are estimations that about half a million of Kosovo Albanians were living abroad, paying<br />
regularly 3 % of their income for the maintenance of the “shadow state” led my Ibrahim<br />
29
In the balance, one may observe a very considerable influence of the<br />
Croatian and Albanian diasporas, the former triggering ethno-mobilization by<br />
putting forward nationalistic ideas, the latter supporting the paramilitary KLA<br />
financially.<br />
4.5. Churches and Religious Communities<br />
The rise and powerful expansion of the Serbian church began in Kosovo. 137 It was<br />
the Serbian clergy in Kosovo - the “cradle of Serbian civilization” - who complained<br />
about the decay of the Serbs. However there is no indication in the <strong>report</strong>s that the<br />
Albanian actions were somehow motivated in a religious sense (Islam). Nevertheless<br />
the Serbian clergy in Kosovo saw an immediate need to save the Serb nation and<br />
used a purely political problem to put forward its own position. A religious<br />
connotation was added to the situation of the Serbs in BiH and Croatia, in the form<br />
of complaints referring to the Ustasha regime and the atrocities of the Second<br />
World War. 138 The Kosovo myth was revived largely with the festivities of the 600 th<br />
anniversary of the Battle of Kosovo Polje, celebrated amongst other things with the<br />
transport of Emperor Lazar’s relic through BiH (to mark the future borders of a<br />
Greater Serbia). 139 This had clearly effects in creating a psychosis of war in BiH. 140<br />
After the clergy had been kept out from politics for almost half of the<br />
century it now had not only the possibility to publicly comment the events, but<br />
also to become an active part in the politics in Serbia, Croatia and BiH.<br />
The pro-nationalistic parts of the clergy supported Tuđman’s HDZ regime in<br />
Croatia. Politicians were welcomed on various religious festive occasions, and vice<br />
versa, that were broadcast on television in Croatia. 141<br />
In BiH the regularly elected reis-ul-lema of IVZ (Islamska Vjerska Zajednica),<br />
a Muslim Macedonian, was replaced by Mustafa effendi Ceric through an unpleasant<br />
procedure by the political elite around Alija Izetbegovic. 142 The influence of the<br />
Muslim clergy increased amongst Bosniaks as well. Before the war, Bosnian Islam<br />
was regarded as a cultural expression of identity of members belonging to a secular<br />
community and was described as a “secular Euro-Islam”. This changed very much in<br />
the course of hostilities and is regarded as a reaction to the “crusade of the<br />
Serbs”. 143<br />
Religion and clergy therefore played a very important role in ethnic<br />
mobilization amongst Croats, Serbs and Bosniaks, although according to the<br />
Croatian <strong>report</strong>, the strengthening of religious affiliation served the purpose of<br />
national identification, and that the wars in Croatia and BiH are not to be<br />
considered as truly religious wars. The destruction of places of worship and the<br />
Rugova. Later, however, they preferred to pay for the KLA-run endowment fund “The<br />
homeland is calling”. Jens Reuter, “Zur Geschichte der UÇK” in Jens Reuter and Konrad<br />
Clewing (eds.), Der Kosovo Konflikt. Ursache, Verlauf, Perspektiven (Wieser Verlag, Klagenfurt<br />
et al. 2000), 171-186, at 172.<br />
136<br />
Reuter, 172.<br />
137<br />
Pešić, 11, 12.<br />
138<br />
Pešić, 12.<br />
139<br />
Pešić, 12.<br />
140<br />
Ćurak, Seizović, Šačić, Turčalo, 24.<br />
141<br />
Petricusic, 10.<br />
142<br />
Ćurak, Seizović, Šačić, Turčalo, 27.<br />
143<br />
Bassam Tibi, „Der bosnische Islam. Von säkularer Religion zum Fundamentalismus?“, (7)<br />
Internationale Politik (1997), 21-28, at 21 and 23.<br />
30
killings of clergy during the wars were atrocities that symbolized the destruction of<br />
a certain ethnic group. 144<br />
4.6. Media<br />
The media are the most important instrument in building public opinion. After the<br />
democratization of the former Yugoslav republics, however, the democratization of<br />
the media failed in Serbia and Croatia. The state media were completely in line<br />
with the new regimes. In Serbia the daily Politika helped consolidate Milošević’s<br />
regime, the television and print media were used to spread propaganda to scare<br />
the population of the Ustasha and the fanatic Muslims. 145<br />
In Croatia, “Slobodni Tjednik” directed chauvinistic hate speeches mostly<br />
against the Serbian minority. 146 Croatia’s fascist past was rewritten with an<br />
attempt to “correct” the image of the NDH regime. 147 Employees belonging to<br />
minorities, mainly Serbs, lost their jobs at the public Croatian TV and Radio. Two<br />
of the rare regime-critical media outlets, the Feral Tribune and Radio 101, were<br />
subjugated to repressive measures, including the attempts to close them down. 148<br />
The instrumentalization of the media in the two republics had enormous<br />
effects on BiH. The propaganda of hatred was broadcast from Croatia and Serbia<br />
and was readily accessible to the Croat and Serb populations respectively, while<br />
broadcasting from Sarajevo had difficulties reaching all parts of Bosnia and<br />
Herzegovina clearly. 149 Furthermore, from the Bosnian <strong>report</strong> it can be concluded<br />
that the concept of nation, national state, the principles of natural and historical<br />
rights, historical injustices or current threats, that could have been used for<br />
propaganda, were lacking amongst the Bosniak population, 150 whereas it<br />
constituted a credo for the Serbs and Croats. The Bosnian population was<br />
concentrated on the preservation of BiH as a whole.<br />
In Kosovo the media were brought in line with Milošević’s politics, while the<br />
two main Albanian official media outlets RTVP and the daily Rilindja were banned<br />
and the Albanian employees dismissed. 151<br />
In Macedonia the media were not eager to adopt an “objective” view. 152<br />
However, as the political landscape is reflected in the media it might be concluded<br />
that in Macedonia a wider scale of political opinions was represented in comparison<br />
to Serbia and Croatia.<br />
144<br />
Petricusic, 10, cited after: Milan Vukomanović, The Religious Dimension of the Yugoslav<br />
Conflicts (University of Belgrade, at http://kotornetwork.info/papers/easr2004/dimension.mv.htm).<br />
145<br />
Pešić, a13, 16, 17.<br />
146<br />
Petricusic, 21.<br />
147<br />
Petricusic, 21.<br />
148<br />
Petricusic, 21, 22.<br />
149<br />
Ćurak, Seizović, Šačić, Turčalo, 35.<br />
150<br />
Ćurak, Seizović, Šačić, Turčalo, 35.<br />
151<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
152 Ilievski, 20.<br />
31
5. Minorities in the New Republics<br />
It was not unexpected that in their struggle for independence the four republics<br />
stressed the significance of the titular nation in the new constitutions. All<br />
introduced different concepts of minority rights. The creation of nation states was<br />
at first perceived as entailing a reduction of the privileges in the status of national<br />
minorities and impediments for contacts between minority groups living in other<br />
republics. At the later stage, the war had a devastating effect on minorities.<br />
5.1. BH, Croatia and Serbia<br />
Except for BiH, all the republics have - or at least had before the wars - a<br />
considerable number of national minorities. In Serbia fourteen national minorities<br />
have set up minority councils since Serbia introduced a very wide concept of<br />
minority rights. 153 The difficult situation in Croatia, the separation and<br />
reintegration of parts of its territories and the conflicts with other republics,<br />
entailed various changes and suspensions of minority rights and even the legal<br />
elimination of “minority” groups from the Constitution (Albanians, Bosniaks and<br />
Slovenes in 1997). 154 However, a legal framework for collective (political<br />
participation and cultural rights) and individual minority rights has been<br />
established in Croatia, Serbia and BiH.<br />
The practice looked more and more difficult. The wars in Croatia and BiH<br />
have caused affliction to minorities in Serbia and Croatia and BiH. In Serbia and<br />
Croatia the number of minority members was reduced by approximately 50 % and<br />
60 % respectively. The Croats and Bosniaks in Serbia and Serbs in Croatia were hit<br />
the hardest. In Serbia, Croats or Serbs married to Croats were discriminated<br />
against; there were incidents in which Bosniaks were killed and Hungarians were<br />
denied the guaranteed right to transcribe their names in their own languages in<br />
personal documents or to the bilingual naming of streets or settlements. 155 The<br />
Serbs in Croatia faced similar problems. 156 The discrimination against Serbs<br />
continued after the war. If they tried to return to Croatia they were confronted<br />
with problems in acquiring citizenship or the assertion of property rights. 157 In<br />
Serbia the high level of centralization proved to be a problem for minorities. 158<br />
Both in Serbia and Croatia there was almost no legal protection against<br />
discriminating perpetrators or administrative measures. 159 The situation for<br />
minority members did not improve in Croatia and Serbia until the change of<br />
governments in 2000. 160<br />
As a result of the wars, it was not the “classical” minorities that faced the<br />
harshest discrimination, even though the growing nationalism affected them as<br />
well 161 , it was the former members of the Yugoslav constituent nations that<br />
became minorities in the new republics.<br />
153 Pešić, 23.<br />
154 Petricusic, 13,14.<br />
155 Pešić, 31, 32.<br />
156 Petricusic, 14-16.<br />
157 Petricusic, 15, Pešić, 32.<br />
158 Pešić, 24.<br />
159 Petricusic, 14, 15.<br />
160 Petricusic, 14, Pešić, 32.<br />
161 After the reintegration of the formerly occupied territories the parliament temporarily<br />
suspended provisions ruling the minority participation of Serbs, while the participation of<br />
smaller minority communities remained valid in Croatia in 1995, Petricusic, 13.<br />
32
5.2. Macedonia<br />
The new Macedonian Constitution reduced the protection of minority rights as it<br />
aimed to integrate citizens individually and not at group level. 162 This caused<br />
discontent particularly amongst the Albanian parts of the population and proved to<br />
be entirely inappropriate. The other minorities in Macedonia stayed out of these<br />
conflicts. 163<br />
Indeed Albanians participated in all government coalitions since<br />
Macedonia’s independence, and some positions within the government and<br />
administration were distributed to Albanians. Nevertheless, Albanians were<br />
generally underrepresented in the administration. 164<br />
The government pursued to resolve the ethnic tensions with concessions<br />
towards the Albanians, coercive means and corrupt exchanges between ethnic<br />
elites. 165 The adherence/lobbying of political elites impeded the process of finding<br />
a democratic solution. Problems were left unsolved and therefore led to an<br />
accumulation of discontent at the base, where the NLA could recruit its<br />
combatants after its foundation in the late nineties. Main Albanian demands were<br />
the recognition of the Albanian group as a constitutive nation (some parts favoured<br />
a separation from Macedonia), the Albanian language as an official language and<br />
official recognition of the University of Tetovo, which was founded illegally in the<br />
early nineties. 166 The process of the Albanian rebellion had two stages. It was<br />
brought in from Kosovo, where the pressure from the Serbian side was released<br />
after the bombardments of 1999, and then gained momentum from the internal<br />
forces in Macedonia. 167<br />
A real solution was not looked for until problems erupted violently in 2001.<br />
It was found with the Ohrid Framework Agreement in 2001, which was negotiated<br />
with constructive international assistance and broadened the political, language<br />
and educational rights of the Albanians.<br />
5.3. Kosovo<br />
The Kosovo conflict is dominated by disputes between the Serbs and the Albanians.<br />
Other minorities have largely kept out of it, although the side effects concern the<br />
other minorities as well. The Roma somehow became directly involved in the<br />
conflict when some of them took sides with the Serbs, which the Albanians<br />
resented. 168<br />
5.4. Evaluation<br />
The conflicts that arose between the Croats, Serbs, Bosniaks, between the Serbs<br />
and Albanians and the Macedonians and Albanians were caused by growing<br />
nationalism. Side effects hit the other minorities living in the republics of former<br />
Yugoslavia as well. 169<br />
162 Ilievski, 5.<br />
163 Ilievski, 5, 15.<br />
164 Ilievski, 5.<br />
165 Ilievski, 5.<br />
166 Ilievski, 18, 19.<br />
167 Ilievski, 20.<br />
168 MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
169 MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
33
In the newly created nation states, new national minorities emerged, e.g.<br />
Serbs in Croatia. These minorities had enjoyed a status of a constituent nation in<br />
the SFRY. From the legal point of view, the shift of status from constituent nation<br />
to national minority does not per se mean that the set of rights conferred upon a<br />
given community is reduced. Nevertheless, the perception of these rights and the<br />
right to self-determination and the right to secede in particular, does differ.<br />
Because of this different perception, not only “new” minorities like Serbs in<br />
Croatia, but also Albanians in Kosovo and in Macedonia, 170 were not willing to<br />
accept the status of a national minority and kept struggling for another status, e.g.<br />
being recognized as a constituent nation within Macedonia. The negative<br />
perception of the status of a national minority was reinforced, as the minorities<br />
were exposed to the nationalistic pressure of the respective majority.<br />
Answering the question of when the normal frame shifted to the crisis<br />
frame, one must address the new minorities individually. As for the Serbs in<br />
Croatia, one may argue that the prospect of becoming the minority in an<br />
independent Croatian state and thus loosing the status of constituent nation was<br />
decisive. This seems to be, however, not convincing, even given the negative<br />
perception of minority status. Taking the decentralized structure of the SFRY into<br />
account and the fact that according to the constitution of 1974 the decisive powers<br />
were overwhelmingly vested within the socialist republics, the Serbs in Croatia<br />
must be considered as being de facto national minority on Croatia since then<br />
(1974). Moreover, there are no findings that the exercise of the collective rights<br />
granted to Serbs under the Constitution of SR Croatia was subject to dispute. 171 The<br />
independence of a Croatia willing to assure a basic set of minority rights would<br />
have led to a symbolic loss of the status of constituent nation, but would not have<br />
had any actual impact on the real state of affairs and living conditions. The mere<br />
symbolic loss of the constituent status cannot be sufficient to change the normal<br />
frame to the crisis frame. Rather, the change of frame seems to be brought about<br />
by the electoral victory of the HDZ and Tuđman in April/May 1990. Given the<br />
victors’ ambiguous attitude to the Ustaša regime and nationalistic rhetoric, the<br />
Serbs were for the first time confronted with the perspective of living in a state<br />
with a genocidal past. 172 The memory of World War II was revived and irrespective<br />
of all formal guarantees of minority rights given by the Croatian state, the victory<br />
of nationalistic forces was perceived as a clear sign that Serbs under the new rule<br />
would not be respected and safe. 173<br />
A similar observation has been made by Hansjörg Eiff, German Ambassador<br />
to SFRY from 1988 to 1992. In his opinion, the real far-reaching deterioration of the<br />
relationships began as Tuđman came into power, because with him a counterplayer<br />
to Milošević appeared on the field. Tuđman himself had no scruples to enter<br />
a conflict with Serbs, and it was his seizure of power that gave Serbs a reason and<br />
pretext to revolt. According to Eiff, the Serbs would not have revolted had Ivica<br />
Račan (the Prime Minister after 2000) won the election in 1990. 174<br />
The history of relative observance of minority rights in the SFRY did not<br />
seem to be relevant, as the observance of minority rights in the normal frame does<br />
not necessarily mean its observance in the crisis frame. Furthermore, all nation<br />
states opposed the introduction or, in the case of Serbia, the implementation of<br />
adequate minority rights provisions as they considered them as counter-productive<br />
in their struggle for sovereignty over their republican territory.<br />
170 Ilievski, 5.<br />
171 See Baltić, 41.<br />
172 Michael Ignatieff, Blood and Belonging. Journeys into the New Nationalism, (Farrar,<br />
Straus & Griraoux, New York 1993), 47, as quoted by Radan, 178.<br />
173 Oberschall, 991.<br />
174 Eiff, 194.<br />
34
The fate of the Albanian ethnic group in Macedonia was influenced and<br />
closely connected to the fate of the Albanians living in Kosovo. The change of<br />
frame seems to be influenced from there. In Kosovo, on the other hand, the<br />
Albanians and Serbs were acting within the crisis frame since the riots in 1981 at<br />
the latest.<br />
35
6. Violence<br />
The intensity of violence differed from republic to republic. Since in Serbia<br />
(“proper” and Vojvodina) war never broke out, violent incursions were confined to<br />
occasional but sometimes lethal incidents. The Albanian population experienced a<br />
time of suppression that initially resembled more a totalitarian dictatorship than a<br />
war, Albanian infrastructure was systematically destroyed and Albanians were<br />
subjected to torture, detention and murder by the Serbian police forces.<br />
With the establishment of the KLA and the attacks on Serbs, however, the<br />
violence reached a new stadium. Fights with Albanian combatants entailed large<br />
scale massacres, torture and rape by Serbian police and military forces.<br />
In Croatia the occupied territories were cleansed by the murder and<br />
expulsion of the non-Serb population, the unoccupied territories were bombarded<br />
and put under artillery attacks form the occupied territories in Croatia, BiH and<br />
Montenegro. 175 Many Serbs disappeared or were killed during the first half of the<br />
nineties in the unoccupied territory of Croatia. 176 However, the main revenge<br />
followed when the occupied territories were freed and atrocities were committed<br />
on the Serbian population.<br />
The fate of the Bosnian civilians is well known, a tragedy in which the<br />
Bosniaks were the most numerous victims. 177 The forms of violence described also<br />
took place in BiH, however, in much larger dimensions. In Macedonia a large scale<br />
escalation and military solution of the Albanian insurgence was avoided, since all<br />
the political parties were forced to negotiate by international interference.<br />
175 Petricusic, 24.<br />
176 Petricusic, 27.<br />
177 Ćurak, Seizović, Šačić, Turčalo, 23.<br />
36
7. Third-Party Intervention<br />
7.1. Individual states in the region<br />
Serbia and Croatia 178 exerted influence on “their” national communities in other<br />
states emerging from Yugoslavia fostering the process of their ethnomobilization.<br />
179 The Bosnian <strong>report</strong> puts a special emphasis on this kind of external<br />
fostering of ethno-mobilization and the Croatian <strong>report</strong> refers to it as well. The<br />
following instruments of this process are mentioned:<br />
- propaganda of state-controlled broadcasting stations of Croatia and Serbia<br />
aimed at the respective national community in BH; 180<br />
- granting support to “the extremist” politicians (by Croatia and Serbia); 181<br />
- inspiring the JNA to deploy more troops on the territory of BiH in order to<br />
prevent it from proclaiming independence and/or to secure the “survival”<br />
of Serbs in one single state; 182<br />
- secret operations of the Serbian Ministry of the Interior to destabilize BH; 183<br />
- providing financial and training assistance, military equipment and<br />
operational support to the HVO and help in organizing and planning its<br />
military operations (Croatia). 184<br />
The ties between the Croatian state and the Croats in BiH were tightened by the<br />
fact that Croats from BiH had no difficulties in obtaining Croatian passports and<br />
participating in Croatian elections. 185<br />
One may assume that the Serbian external influence was exerted through<br />
the largely Serbian-dominated JNA, 186 whereas Croatia had no other choice than to<br />
support its compatriots more directly. This estimation equally applies to the policy<br />
of the Serbian government towards Serbs in Croatia. Furthermore, the Croatian<br />
<strong>report</strong> stresses that the policy of the new Croatian government provoked the<br />
ethno-mobilization of Serbs to a large extent. 187 The newly created Serb “states”<br />
on the Croatian territory depended, however, on financial help from Belgrade<br />
which was actually provided. 188<br />
The Macedonian <strong>report</strong> mentions that the continuous challenging of<br />
Macedonian national, state and religious identity by various neighbouring countries<br />
including Greece and Bulgaria played a special role as an important factor of<br />
ethno-mobilization. 189<br />
The policy of the Albanian government cannot be regarded as fostering<br />
ethno-mobilization. Its quite constructive attitude at Rambouillet and towards<br />
178<br />
Both are regarded as „neighbouring countries“ by Ćurak, Seizović, Šačić, Turčalo, 3.<br />
179<br />
Ćurak, Seizović, Šačić, Turčalo, 17; Petricusic, 26, 27; Pešić, 32.<br />
180<br />
Ćurak, Seizović, Šačić, Turčalo, 35.<br />
181<br />
Pešić, 32, Petricusic 26, 27.<br />
182<br />
Ćurak, Seizović, Šačić, Turčalo, 19<br />
183<br />
Ćurak, Seizović, Šačić, Turčalo, 21.<br />
184<br />
Petricusic, 26, 27.<br />
185<br />
Petricusic, 26.<br />
186<br />
Ćurak, Seizović, Šačić, Turčalo, 8 and 17.<br />
187 Petricusic, 7.<br />
188 Petricusic, 24.<br />
189 Ilievski, 26.<br />
37
Macedonia has been observed. 190 However, Albania has to be considered as an<br />
important base for the KLA, which did contribute to ethno-mobilization. There<br />
were KLA training camps in Albania and the Albanian territory was used as a base<br />
for guerrilla attacks in Kosovo. There is some evidence that this was at least<br />
tolerated by Albanian authorities. 191 Moreover, one may even argue – and this is the<br />
major point about Albania’s role in the Kosovo conflict – that the KLA would not<br />
have been effectively established without weapons stolen from magazines of the<br />
Albanian army during the riots in 1997. It is estimated that up to 1 million guns<br />
were robbed and their price at the black market was as low as 15 German marks<br />
initially, rising later to 250 marks. 192<br />
According to UN-Report: 193<br />
7.2. The Mujahedin and Islamic states<br />
Mujahedin, or “holy warriors”, is a generic term for Muslim volunteers<br />
fighting in the former Yugoslavia. Many Mujahedin originate from Muslim<br />
countries outside the former Yugoslavia. It was <strong>report</strong>ed that the<br />
Mujahedin began arriving in BiH as early as June 1992. Reports on the<br />
number of Mujahedin forces operating in BiH vary, but it is unlikely that<br />
the Mujahedin forces have made a significant military contribution to<br />
the BiH Government's war effort. The Mujahedin forces came from<br />
several Muslim states and many of them were veterans of the Afghan<br />
war. The Mujahedin forces were <strong>report</strong>ed to be under the command of<br />
the BiH Army. However, they frequently acted with independence and<br />
their presence is no longer welcomed. They are alleged to be terrorizing<br />
the Muslims they came to protect in an effort to enforce Islamic<br />
practices. Their presence, the Serbs and Croats have argued, is<br />
evidence that the Bosnian Muslims intend on turning BiH into a<br />
fundamentalist Muslim state.<br />
The presence of Mujahedin was meaningful for the ethno-mobilization of Serbs and<br />
Croats, insofar as Serb and Croat propaganda made an extensive use of the “radical<br />
Islamism” of Bosniaks. 194 On the other hand, their presence had little impact on the<br />
ethno-mobilization of Bosniaks. 195 Iran is mentioned as a state directly involved in<br />
the Bosnian conflict by providing President Izetbegović with financial aid. 196 There<br />
is insufficient evidence of the involvement of Mujahedin or Islamic states in the<br />
Kosovo and Macedonia conflicts. 197<br />
190<br />
Peter Schubert, “Der Kosovo-Konflikt und Albanien“, in Jens Reuter and Konrad Clewing<br />
(eds.), Der Kosovo Konflikt. Ursache, Verlauf, Perspektiven (Wieser Verlag, Klagenfurt et<br />
al. 2000), 213-225, at 214 and 217.<br />
191<br />
Schubert, 216.<br />
192<br />
Reuter, 171-172.<br />
193<br />
Bassiouni Report, Annex III.A Special forces, at § II B 2.<br />
194<br />
Ćurak, Seizović, Šačić, Turčalo, passim, see for example 16, 20, 22, 26, 27.<br />
195<br />
This is also the conclusion of the Srebrenica Report by Netherlands Institute for War<br />
Documentation from 2002 (hereinafter: “Srebrenica Report”), available at<br />
www.srebrenica.nl, Appendix 6, Chapter 4, Section 5 “The Mujahedin in Bosnia”.<br />
196<br />
Srebrenica <strong>report</strong>, ibid.<br />
197<br />
Although the Macedonian authorities repeatedly claimed that there had been Mujahedin<br />
involvement on the side of Albanian rebels, the Western officials were however sceptical<br />
about the claims. The issue arose, as the Macedonian police shot 7 persons dead at the Albanian<br />
border, the majority of them stemming form Pakistan. The Minister of Interior<br />
Boškoski, now tried in Hague, claimed the these persons were “Mujahadin terrorists”. See<br />
38
7.3. Individual states on the geopolitical scene<br />
A special role of Germany and to a lesser extent of Greece and the USA is pointed<br />
out throughout the <strong>report</strong>s.<br />
The German role is connected to its initiative for the recognition of Slovenia<br />
and Croatia and dates back to mid 1991. 198 It contributed to the shift in the policy<br />
of the European Union (see infra.) from a policy of containment of the Yugoslav<br />
federation in any form whatsoever to a policy of recognition of the successor<br />
states. This policy culminated in the German unilateral recognition of Croatia 199<br />
which took place before the Badinter Committee presented its findings as to<br />
whether Croatia fulfilled the conditions for recognition set out in the declaration of<br />
EC foreign ministers of 16 December 1991 (guidelines for recognition). The US did<br />
not have a clear stand on the Yugoslav conflict, although, according to the Bosnian<br />
and Kosovo <strong>report</strong> 200 , though it sympathized with the containment policy. In spite<br />
of the Badinter’s Commission assessment 201 that Macedonia and Slovenia met all<br />
the recognition criteria, Macedonia was initially not recognized by the EC due to<br />
Greek lobbying. 202 The actions taken by Germany and Greece had serious<br />
implications for the credibility of the EC as a neutral and assertive actor.<br />
Russia is considered to have been in a military and economic sense too weak<br />
to put forward and enforce a coherent Balkan policy. The major steps taken by the<br />
Western countries were not thwarted. This situation changed slightly with the<br />
Kosovo conflict, although the capability of Russia to influence the course of events<br />
was rather minor and largely overestimated. 203 NATO’s military threats aiming at<br />
preventing the brutal action of the Serbian armed forces against Albanian civilians<br />
in July 1998 was thwarted, at least symbolically, by Moscow inviting Milošević’s to<br />
Kremlin. 204 At the later stage, the myth of Panslavic brotherhood cultivated in<br />
Serbia helped Russia to co-act as a mediator. 205<br />
Ana Petruseva, Macedonia says seven “Mujahideen”' shot dead, Reuters, 3 March 2002, as<br />
quoted by UNIMIK Division of Public Information, http://www.unmikonline.org.<br />
198<br />
See also Radan, 163-164.<br />
199 th<br />
The declaration on recognition of December, 19 1991 has been suspended and took<br />
effect on January, 15 th 1992. See Radan, 181.<br />
200<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
201 th<br />
Opinion delivered on January 11 1992.<br />
202<br />
Ilievski, 28.<br />
203<br />
Klaus Segbers and Christoph Zürcher, „Russland und der Kosovo-Konflikt“, in Jens Reuter<br />
and Konrad Clewing (eds.), Der Kosovo Konflikt. Ursache, Verlauf, Perspektiven (Wieser<br />
Verlag, Klagenfurt et al. 2000), 171-186, at 383 and 386<br />
204<br />
Segbers/Zürcher, ibid.<br />
205 Segbers/Zürcher, 383<br />
39
7.4. The role of the EU (initially EC only) 206<br />
The role of the EC and EU can be summarized as initiating peace talks and sending<br />
contradictory signals as to its policy of recognition of the successor states.<br />
7.4.1. General<br />
The crisis management of the EU indirectly fuelled the process of ethnomobilization<br />
in Serbia and deepened distrust of the EU:<br />
- Given that Serbian leaders stemmed from the communist party, there was<br />
initial distrust towards the EC inherited from the cold war period. The EC<br />
was blamed by the Serbian party for lacking objectivity as early as the<br />
Peace Conference in The Hague in autumn 1991. 207 It can be interpreted as<br />
a general distrust towards “The West” which was fostered by Germany’s<br />
action. 208<br />
- The EC recognized Croatia, although, according to the Badinter Committee,<br />
it did not meet the conditions set in the recognition guidelines for the EC;<br />
- Economic sanctions imposed by the EC at the eve of the conflict were kept<br />
intact with regard to Serbia, whereas they were lifted with regard to other<br />
post-Yugoslav republics; 209<br />
- The last two points were presented by Serbian propaganda as a conspiracy<br />
of Croatian allies. 210<br />
- On the basis of the very same facts, it cannot be ruled out that some parts<br />
of the European leadership and public opinion looked at the Yugoslav<br />
conflict through the prism of cold war divisions, also perceiving the “postcommunist<br />
led” Serbs as being on the other side of the barricade.<br />
7.4.2. Croatia<br />
There has initially been little involvement in crisis management within Croatia. It<br />
cannot be ruled out that the shift it the EC in late 1991 strengthened ethnomobilization<br />
in this republic, providing Croatia with prospects of recognition.<br />
Additionally, the recognition of Croatia by the EC despite its non-fulfilment of<br />
recognition conditions set out in its own guidelines undermined its credibility as an<br />
international actor. 211<br />
7.4.3. BiH and Kosovo<br />
The crisis management of the EC failed to prevent the war in BiH. 212 With the<br />
recognition of BiH, the full-scale military conflict erupted. As pointed out in the<br />
Special Report, the EC refused to send troops to BiH despite a respective request of<br />
its authorities and another round of peace-talks was initiated instead rejected by<br />
the Serbian delegation. The recognition approach adapted by the EC was dangerous<br />
206 Regarding the entire section on international organizations, see also Ugo Caruso, The<br />
Interplay between CoE, OSCE, EU and NATO, Report for MIRICO Work Package 1.<br />
207 Pešić, 27, 28.<br />
208 Pešić, 25.<br />
209 Pešić, 29.<br />
210 Pešić, 25.<br />
211 Stefan Wolff/Annemarie Peen Rodt, Report on the Reactive Conflict Management of the<br />
EU in the Western Balkans, 5.<br />
212 The question, how the various „peace plans” for BH, (e.g. plan of Cutilheiro, plan of<br />
Owen and Stoltenberg) influenced the ethno-mobilization will be explored within the Work<br />
Package 3.<br />
40
for BiH as it created tensions resulting from a paradoxical situation: on the one<br />
hand the dismembering of the multi-ethnic SFRY into national states was accepted;<br />
on the other hand the unity of a multi-ethnic BH was supposed to be preserved. 213<br />
The EC’s reliance on uti-possidetis principle with regard to the borders of<br />
Yugoslavia’s republics is also indirectly criticized by the Kosovo <strong>report</strong>, as it<br />
prevented the EC from questioning the situation in Kosovo which was detrimental<br />
to Kosovo Albanians and eventually led to the armed conflict in the late nineties. 214<br />
7.4.4. Macedonia<br />
The EU had no weight to put behind its warnings in the early nineties, given the<br />
lack of credible military capacities to support diplomatic action and visible<br />
disagreement among the EC-Members as to the nature of the conflict and the<br />
means of resolving it. Yet, as the instruments of the CFSP were evolving, the<br />
conflict management ability of the EU was improving. Hence, there is a positive<br />
assessment of conflict management after 1999, especially with regard to<br />
Macedonia. 215 However, the EU benefited from the steadily strong support for<br />
European integration in this country. The positive outcome of the EU actions after<br />
1999 is linked to the accession perspective which it can open to the states in the<br />
West Balkans. The latter aspect is also mentioned by the Croatian <strong>report</strong>. 216<br />
7.5.1. Croatia and BH<br />
7.5. The role of the UN<br />
There is a negative assessment of the UNPROFOR-mission, both in BiH and in<br />
Croatia. 217 The soldiers under the UN-mandate entitled to use force to “selfdefence”<br />
failed to stop ethno-mobilization from generating violence and to create<br />
conditions for peaceful negotiations. In Croatia, the UNPA’s were perceived as<br />
consolidating Serb control over Croatian territory and UNPROFOR (later UNCRO)<br />
neither stopped the expulsion of the non-Serb population from there nor prevented<br />
the violent recapture of this territory by the Croatian army in 1995. 218<br />
7.5.2. Croatia in particular<br />
The Croatian <strong>report</strong> mentions the positive role of the UN-led civil police agents in<br />
UNPA’s (CIVPOL) and the UNHCR. 219<br />
213<br />
Szulik, „Konflikt w byłej Jugosławii”, (1) Sprawy Międzynarodowe (1997), 91-108, at 99.<br />
This explains also the Bosnian memorandum of 14 October 1991 conditioning the BHs’ staying<br />
within Yugoslavia on Serbia and Croatia staying too (So called “letter of intention”, see<br />
Ćurak, Seizović, Šačić, Turčalo, 37). Preserving the territorial integrity of BH was of particular<br />
importance for Bosniaks. The majority of Bosniaks and President Izetbegović were<br />
rejecting a potential division of the country, as they were split over the whole territory and<br />
a division would hit them the most. Petritsch, 34.<br />
214<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming). The Kosovo’s<br />
application for recognition was not even submitted to the Badinter Committee for consideration,<br />
see Radan, 188.<br />
215<br />
Wolff/Peen Rodt, 24.<br />
216<br />
Petricusic, 31.<br />
217<br />
Petricusic, 34.<br />
218<br />
After the Croatian offensive, UNCRO helped the Serbian population on the recaptured<br />
territory to flee, as it felt threatened under the new rule. Szulik, 105.<br />
219<br />
Petricusic, 34.<br />
41
7.5.3. Serbia<br />
As in the case of the EU-imposed sanctions, the sanctions imposed by the UN on<br />
FRY because of its involvement in the hostilities in BiH were extensively used by<br />
Milošević’s propaganda to “unite” the society against “the common enemy” from<br />
outside. The analysis of the election results performed in the Serbian <strong>report</strong><br />
suggests that this regime’s action was quite successful. 220<br />
7.5.4. Macedonia<br />
Regarding the UN troops deployed in Macedonia in 1992, the assessment is quite<br />
the opposite. It was the first preventive deployment of troops in the history of the<br />
organization and it proved successful in maintaining the stability of Macedonia. 221<br />
The timing of its withdrawal 222 in 1999 was, however, unfortunate as the flux of<br />
refugees from Kosovo started to enter Macedonia in that year. The “blue-helmets”<br />
thus succeeded in their role as a preventive conflict management, whereas they<br />
did not in the reactive one.<br />
7.6. The role of NATO<br />
Whereas it is stated that NATO membership has been at least an attractive option<br />
or even a policy priority of Croatia 223 and Macedonia 224 , a post cold war approach<br />
dominated in Serbia, where NATO was perceived as a serious external treat in<br />
1992. 225 The NATO bombing of Serbia during the Kosovo crisis contributed to the<br />
consolidation of Serbian society around the defence of the country. 226<br />
7.7. The OSCE<br />
The OSCE is mentioned in the <strong>report</strong>s as an organization initially supporting the<br />
containment of Yugoslavia, then suspending its membership (after the secessions,<br />
in July 1992) and adopting various resolutions which, however, did not have much<br />
impact on the process of ethno- mobilization. Quite the opposite is true for the<br />
Kosovo Verification Mission established in 1998. Being perceived as biased by the<br />
Serb population from the very beginning, its officials accused the Serbs of<br />
massacring Albanian civilians after having discovered the bodies after a police<br />
action in the village of Racak. These accusations deepened the distrust and<br />
contributed to the further consolidation of the Serbian population. The Kosovo<br />
<strong>report</strong>, on the other hand, draws attention to the fact that these accusations<br />
raised the international awareness of the situation in Kosovo. 227<br />
As a general conclusion on third party-intervention, one may assume with<br />
the Macedonian <strong>report</strong> a cacophony of the international community in addressing<br />
the Yugoslavian crisis at its beginning. 228 At this stage of the conflict, the EC and<br />
220<br />
Pešić, 32.<br />
221<br />
Ilievski, 29.<br />
222<br />
The mandate was not extended in 1999 and thus terminated due to the veto of China<br />
which is supposed to be a reaction on Macedonian recognition of Taiwan.<br />
223<br />
Petricusic, 36.<br />
224<br />
Ilievski 31.<br />
225<br />
Pešić, 36.<br />
226<br />
Pešić, 34.<br />
227<br />
MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />
228 Ilievski, 28.<br />
42
then the EU failed to take the role of a credible regional leader capable of<br />
presenting a firm standpoint or – as in the case of BiH – assume responsibility for<br />
the consequences of its recognition policy by taking military action. There can be<br />
doubt as to whether the policy of early recognition fostered the ethno-mobilization<br />
in Croatia by backing its separatist action and in Serbia by uniting the Serbs against<br />
external threats.<br />
43
8. Conclusion<br />
Three types of general conclusions can be made.<br />
First, addressing the type of the conflict, the Macedonian conflict with the<br />
Albanians comes closest to the “classic” conflict about the extent of minority<br />
rights, addressing questions such as granting political participation/autonomy,<br />
defining a set of rights in the sphere of education, mother language use, and so on.<br />
The fact that the Albanians kept putting forward the Yugoslav-rhetoric postulate of<br />
becoming a “constituent nation” does not change the very nature of the problem.<br />
The Kosovo conflict is, on the contrary, not a conflict about the extent of minority<br />
rights, but rather a conflict of who – Albanians or Serbs – should be the majority.<br />
The Albanians are the majority in Kosovo taken alone, whereas Serbs are the<br />
majority, if Kosovo is taken together with Serbia. The conflicts in Croatia and BiH<br />
can be regarded as conflicts over the subject and scope of the right to selfdetermination.<br />
Second, addressing the nature of the ethno-mobilization process, the<br />
present survey suggests that it was a top-down process driven by the emancipated<br />
political elites of the republics or its parts (BiH). None of the initially presented<br />
models can claim exclusivity as an explanation. It can be said to have been a<br />
“constructionist” process initially, especially with regard to its economic<br />
dimension. It turned into an “instrumentalist” process which, after some time (the<br />
shift of the cognitive frames), also activated a “primordial” process which since<br />
then has been running parallel with the “instrumentalist” process. An exception<br />
from this is likely to be made for Macedonia, where the ethno-mobilization of<br />
Macedonians had predominantly “constructionist” traits. 229<br />
The establishment of a “point of no return” is the final question to be<br />
addressed here. Rejecting historical determinism in any form, it must be stated<br />
that ethno-mobilization ultimately leading to a violent ethnic conflict was<br />
extremely difficult to reverse by political means after Tuđman and the HDZ came<br />
into power in the elections in April/May 1990. In this sense the seizure of power by<br />
this political faction can be regarded as a point of no return with regard to Croatia.<br />
There are also good reasons to argue that the same point of no return (the<br />
elections in Croatia) applies to the conflict in BiH, even if the cognitive frame had<br />
not yet changed there. On the basis of the present survey, it may be regarded as<br />
proven that manifold strong pressure was exerted from Croatia and Serbia. In fact,<br />
this pressure was not the only, but definitely a major factor triggering ethnomobilization<br />
in BiH. Given for example the “letter of intention” of President<br />
Izetbegović conditioning BiH’s staying in Yugoslavia on Serbia and Croatia staying<br />
too 230 , one my claim that without the Serbo-Croatian antagonism affecting the<br />
Bosnian population disastrously, the stability of this country could have been<br />
preserved. The collision course of these two (Serbia and Croatia) was a long history<br />
in which economic factors should not be underestimated. This collision course was<br />
definitely set with the result of the Croatian elections and by this event – this is<br />
229 This is, what can be deduced from the comments of Ilievski who is arguing that “Macedonian<br />
ethno-nationalism wasn’t only ‘not dominant as, for example, Croatian was in Croatia’,<br />
but it was mobilized predominantly in the struggle for international recognition of the<br />
state, in lobbying for the ‘name dispute’ with Greece and the struggle for rights of the Macedonian<br />
minority in Bulgaria, Greece and Albania.”, Ilievski, 34. On the other hand, the<br />
ethno-mobilization of Albanians in Macedonia does not seem to differ much from the general<br />
scheme.<br />
230 See the reference in the Footnote 213.<br />
44
the crucial point – the crisis frame was activated at the heart of Yugoslavia for the<br />
first time after World War II. It remains, however, an open question, whether the<br />
collision within the crisis frame could have been avoided by a radical action from<br />
outside, for example by denying the prospects for recognition to Tuđman-ruled<br />
Croatia or ultimately by deploying international armed forces equipped with a<br />
robust UN-Security Council mandate.<br />
45
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