Indigenous Rights and Kosovo's Complexities

This assignment delves into the topic of indigenous rights within the context of Kosovo. It examines the historical and contemporary challenges faced by Serb and Romani communities, highlighting their unique cultural identities, political aspirations, and struggles for recognition and self-determination. The analysis covers issues such as discrimination, social integration, and the impact of past conflicts on these groups.

SELF DETERMINATION
OF INDIGENOUS
PEOPLE

Table of Contents
INTRODUCTION...........................................................................................................................1
Indigenous people...................................................................................................................1
Self determination..................................................................................................................4
Right for self determination....................................................................................................5
Self-determination for the indigenous people........................................................................6
Kosovo’s independence recognised in 2011 by the UN.........................................................8
Kosovo war...........................................................................................................................10
Post war................................................................................................................................11
Minorities and their self-determination................................................................................12
CONCLUSION..............................................................................................................................13

INTRODUCTION
Indigenous people are those people which have their unique and own culture, tradition,
language, ethics etc. They are native or aboriginal to the area they live in and are culturally
distinct communities and societies. The report induces the right of self-determination of
indigenous people where they have right to determine the own social, economic and cultural
development1. The report also consist the Kosovo independence where minority people are
Serbs and they should have given the right of self-determination.
Indigenous people
It is being estimated that in the 70 countries, there are more than 370 million people
are indigenous in all over the world. These are the people which practice unique tradition and
retain cultural, economic, social and political features and that are different from those
societies they live. They are spread across the whole world from the Arctic to the south
pacific. Mostly these people live in the remote areas of the globe. These are divided into more
than 5000 people who rang from the forest people of the Amazon to the tribal people of the
India and from the American Indian of the Arctic to the native Australian in Australia2. They
are not necessarily claim to be only the native people of the countries but they are native or
aboriginal to the area they live in, being posterity of those individual that inhabited a district
prior to colonisation of the present state. These people are those who have their own culture,
values, religion, ethics, language, political and social institution that are distinct from those
people that live in the mainstream society. There are very important dis-similarities in their
identity and rights, while they feel same experience of the marginalisation and determination
as to the other ethnic minorities. They are culturally distinct communities and societies3.
1 Al-Busaidi, Al-Mutasem Hilal. "The Kosovo War, NATO Involvement." (2016).
2 Cheyne, Russell. "Steelworks reopened in Scotland." Australia's Paydirt 1, no. 244 (2016):
74.
3 Cross, Matthew E. "Equipping the Specialist Chambers of Kosovo to Try Transnational
Crimes: Remarks on Independence and Cooperation." Journal of International Criminal
Justice 14, no. 1 (2016): 73-100.
1

The resources they use and the land at which they survive are according to their
culture, identity, physical, spiritual wellbeing and livelihood. They are 5% of the global
people out of which 15% are externally poor. They use occupy, own and use one third land of
the world and safeguard 80 % of the world's biodiversity. Some of them are biologically
crucial waters and lands are intact as a result of Indigenous Peoples’ position4. They have vital
inheritable expertise and knowledge to that how to move, adopt and decrease the risk for the
natural disaster and climate change. Thus, only a portion of these areas are formally
acknowledged by states, whether they are area where those Peoples traditionally possessed
under customary title.
Access to the good resource governance, capacity building and tenure to the other
intervention will enhance their situation. This will need, sustainable economic livelihood and
growth, culturally appropriate conservation and development as well as techniques to address
the multiple factors of disadvantage which is taken into view for the special need of the
development5. While consideration of the diversity of the indigenous people, indigenous is
defined as people which is not adopted by any system or body. The modern understanding of
this term is based on the different aspect that are as follows:
 The self-identification of the indigenous people at the individual level is approved by
the community and their member.
 They have strong connection to the different surroundings and territories natural
resources
 They follow different social political and cultural system.
 They have different language beliefs and culture.
 They form non dominant group of society
4 Edwards, Sarah. "Reconciliation as a form of Cultural Catharsis: The Role of Theater in
Revitalizing Kosovo-Serbian Relations." (2016).
5 House, Freedom. "Nations in Transit 2017-Kosovo." Democracy 6, no. 6.00 (2017): 6-00.
2

 The resolve reproduce and maintain the natural environment and system as the
distinctive communities and peoples.
According to the UK, the most fruitful approach to find the indigenous people is to
identify them rather than define them. Which is connected to the fundamental creation of the
self-identification which is underline in the numbers of the human rights documents.
The term indigenous is being obtain as the generic term from the many years. They
have been given with the other preference names that are first people or nation, tribes, ethnic
group and janajati6. Other geographical and occupation names are peasant, hunters, hill people
and gatherers etc. And in the practical term they are called as indigenous people. They are
classifies on the basis of two categories that are as follows:
Knowledge and culture:
Indigenous people are the holders of different and unique knowledge, system, beliefs
and language and have that knowledge which help them to safe guard the natural resources.
They have different relation with their conventional land and know how to use them. Their
land have the fundamental importance for their collective cultural and physical survival as the
people7. They hold their own different concept for their development which is based on their
need, priorities, vision and values.
Political participation:
These people often negligent the other segment of societies and their affairs such as
lack of political participation and representation, economic poverty and marginalisation and
lack to the access to determination and social service. Despite their cultural differences with
the other people, they share common problem also which is related to the protection rights.
6 Islami, Hiriana. "Rule of Law-Peculiarities of Kosovo System." Acta U. Danubius Jur.
(2017): 48.
7 Kaneva, Nadia. "THE BRANDED NATIONAL IMAGINATION AND ITS LIMITS:
INSIGHTS FROM THE POST-SOCIALIST EXPERIENCE." Strategic Review for Southern
Africa 39, no. 1 (2017): 116-138.
3

The try to recognise their identities, their rights for their traditional land, their way to live and
territories and natural resources8.
Self determination
It is the right of all the people to shape the own social, cultural and economic
development. According the international Court of justice. It communicates that individual,
based on regard for the law of fair position of opportunity and equal rights, have the duty to
freely choose their self-rule and global political status without any interference. This concept
was first expressed in the 1860's and after that it have spread rapidly. After First World War
the principle was motivated by the Woodrow Wilson and Vladimir Lenin and after the Second
World War it was included in the Atlantic Charter which was signed in the year 1941. It was
signed by the President of USA Franklin D. Roosevelt and the Prime Minister of UK Winston
Churchill9.
There are some legal aspects which is related to the self-determination that is classifies
under two categories, that are external and internal. Internal is the duty of the people of that
state to regulate them without any outside intervention. And external is the duty of the people
to identify their political system and free from the different align system and formation of
their own state independently.
Right for the self-determination in the international law have been recognised in the
1980's and was interrupted as the duty of all colonial district to turn self-directed or to adopt
any other position and they are free to choose10. Ethnic and other group with the different
8 Kastrati, Ardian. "The Role of Civil Society in the European Integration Process in Kosovo:
EU Mechanisms and Instruments for NGO Sector Development." European Scientific
Journal, ESJ 13, no. 10 (2017).
9 Newman, Edward, and Gëzim Visoka. "The Foreign Policy of State Recognition: Kosovo’s
Diplomatic Strategy to Join International Society." Foreign Policy Analysis (2016): orw042.
10 O'Neill, Teresa. "Rethinking the Lotus Principle: New Perspectives on the Kosovo Advisory
Opinion." (2017).
4

colonies not have the right to make them separate from the people of the territory as the
whole. In the today's world the self-determination is connected with the different human rights
and norms which is related to the indigenous people and minorities.
The principle of self-determination is given twice in the Charter of UK which is
collected with the friendly relationship with the different nations and principle of equal rights.
Right for self determination
There is no university accepted agreement for the right to self-determination but it is
agreed that it is the right of the people to have control over their diversity and to be treated in
the respectful manner, which includes the countries and their people are to enhance their
economic, cultural and social development. Australia is the one who have given seven human
international rights from which two articles is given for the self determination that is of
International Covenant on Economic, Cultural and Social Rights and International Covenant
on Civil and Political Rights (ICCPR)11. It is the right that pertains to the different group of
people not for the single individual. These includes two concepts that is rights of all peoples to
engage freely their economic, cultural and social development without any outside
interference and that 'Governments are to stand for the whole population without
determination as to grouping, colour, ethnic origin or descent or national.
All the individual have the right to be self-determination, with the worth of this right,
they are free to determine their position for politics and they are free to develop their
economic, cultural and social. All the people at their ends where they have disposed resources
and wealth without any pre-justice to any laws and obligation which is coming out of any
international economic corporation12. This is based on the principle of international law and
mutual benefits.
The Theory for self determination
11 Pavasović Trošt, Tamara. "Divided we stand: discourses on identity in ‘First’and
‘Other’Serbia. Social construction of the Self and the Other." (2016): 1-3.
12 Seymour, Lee JM. "Legitimacy and the Politics of Recognition in Kosovo." Small Wars &
Insurgencies 28, no. 4-5 (2017): 817-838.
5

The first stage towards the finding the self-determination is to be accept on the
explanation of the term. There is large data written on it, the precise explanation always
remains elusive. As the self-determination is the partially unclear concept due to their
meaning and application that have not been formulated in the agreed way13.
The idea of have been generated from the Enlightenment period of late eighteenth and
19th centuries. As the law have been started, it has become important for the international legal
address is its expression in the French and American Revolutions. There have been two model
for it that is classical and secessionist.
The classical school of thoughts of the self-determination states have been dependent
on the patriotic beliefs and values. It understands that the nation who collects the people that
can make the rational decision are grouped together in the society14.
The secessionist school is arguably what Grotius had in brain when he discussed the
notion of Jus Resistendi Ac Secessionis. This is more important than the institute of the
authorities of the society. It is taken up less with the effective business activity of the
organization of authorities through which favourite will is expressed, and more with the
neutral to which this will is exercised and whether it evident in an authentic community.
Self-determination for the indigenous people
The principle for the self-determination has been represented as the most important for
the human rights. It is most significant for the indigenous people in the countries where there
are colonies. This have been made so that they would have been given the relationship and
jurisdiction with the government states15. There is development of the international law which
13 Subotić, Jelena. "Narrative, ontological security, and foreign policy change." Foreign Policy
Analysis 12, no. 4 (2016): 610-627.
14 Summers, James. "The Law and Politics of the Kosovo Advisory Opinion. By Marko
Milanović and Michael Wood." (2017): brw014.
15 Visoka, Gëzim, and John Doyle. "Neo‐Functional Peace: The European Union Way of
Resolving Conflicts." JCMS: Journal of Common Market Studies 54, no. 4 (2016): 862-877.
6

have been made for the four specific European biases that are geographic Europe as the
centre, Christianity, political imperialism people and mercantile people all over the world. As
in the UK, indigenous people are being dispossessed from their land, murdered and being
prevented so that they cannot access the human rights.
An international law have been entered as a new phase to response for the self-
determination against the minorities and indigenous people in the world. It was established
after the first world war of the 20th Century. It has been made for the growing concern for the
world peace and the human rights. As the development of the international human rights made
for the potential to the non-citizen and minor states across the border16. The framework has
been made so that they can maintain sovereignty of the member countries which allow them
to the grater interference with the state sovereignty where ever it is needed. They have opened
for greater protection of the actors which includes indigenous people. The principle have
made is critical to the development of different human rights legislation, yet it has been the
biggest issue of the indigenous people in the world.
The principle of self-determination have been entered into the political discloser in the
period of First World War. It was signed by the President of USA Franklin D. Roosevelt and
the Prime Minister of UK Winston Churchill, in order to promote the nation of self-
determination with the Western democratic liberal ideals on the basis of inter-national peace.
The focus have been shift from the international law to the protection of the state integrity to
serve to protection of the society wellbein17g.
With the end of Second World War, the momentum have been got by the human
rights. The charter of the UN, have got the authoritative and formal expression to the human
rights and sought to promote the utilisation of the treaties and other legal mechanism to
promote the peace and social and economic development. With this purpose, the key was self-
16 Young, Steven C. "Foreign Direct Investment Disputes with Unrecognized States: FDI
Arbitration in Kosovo." Journal of International Arbitration 33, no. 5 (2016): 501-523.
17 Newman, Edward, and Gëzim Visoka. "The Foreign Policy of State Recognition: Kosovo’s
Diplomatic Strategy to Join International Society." Foreign Policy Analysis (2016): orw042.
7

discrimination where they have to maintain the friendly relationship among the different
nation and people of the self-nation.
At that time the process for the self-determination was crucial in terms of sovereignty
and this initially was not considered in the principle of the legal rights in the Charter18. Their
main objective was to liberate different district which is help under the colonial rule. During
the activity of decolonisation procedure Self discrimination was utilised as the tool to satisfy
the needs for the external self-discrimination by stop allowing the spiritual and cultural
political orientation that is imposed by the outside agencies. To commitment for the self-
discrimination for governing the territories by self is inherent in the Charter.
`The indigenous population have been more than 300 million which is spread across
the world. International low have been made to finish the colonisation from the 1920's and
indigenous people sought to access the remedies and protection of their institution. ILO is the
first legal international organization that have made different standard to protect the
indigenous people through the development of various conventions during the 1930's which
communicate the working condition of them. In the year 1970, the first lead have been
development of the international instrument to recognise the rights of indigenous people.
Kosovo’s independence recognised in 2011 by the UN
Kosovo is the dispute partially and territory recognised state in the southern Europe
that have been announced independence in the 2008 by Serbia. As the Republic of Kosovo, It
is the landlocked in the central area of Balkan Peninsula. With this they have important link
with the southern and Central Europe, the Black and Adriatic Sea. The largest city of the
Kosovo is Pristina and the major cities includes Prizren, Peć and Gjakova. The past decades of
the Kosovo history, it was described by the Vinča and Starčevo cultures. During the Greco-
Roman period, it was inhabited by the Illyrian-Dardanian and Celtic people. In 168 BC, the
country was annexed by the Romans. There was battle taken place in the year 1389 which was
considered as the most defining moments in Serbian medieval history. At the recent time, it
was the part of Ottoman Empire from the 15th to the 20sth century and it has made the centre of
18 Seymour, Lee JM. "Legitimacy and the Politics of Recognition in Kosovo." Small Wars &
Insurgencies 28, no. 4-5 (2017): 817-838.
8

the Albanian national awakening19. There was first world war which is taken Kosovo Albanian
and Serb communities and both the countries was joined at the time of Yugoslav Unitarianism
in the Kingdom and after the second world war their constitution accepted the Metohija and
Autonomous Province of Kosovo within the Yugoslav part Republic of Serbia. There were
several stress which was taken between them by which the Kosovo war have been taken place
in the year 1998 to the year 1999 by which Serbian armed forces have been withdrawal and
there was creation of United Nations Interim Administration Mission in Kosovo and by the
year 2008, they have been given independence.
Kosovo has an area of the 10887 square kilometres which lies between longitude 20 to
22 degree east and latitude of 42 to 43 degree north20. The border of the Kosovo is 463 miles
of 702 km long the border of Macedonia to the South-west is 112 km, central Serbia to the
North-east is 352 km, Albania to the South-West is 112 km and Montenegro to the west is 79
km. Most of the area is mountainous and the highest peak is Deravica with the 2656 meters
which is 8714 ft. the main rivers is White Drin which run towards the Adriatic Sea. The forest
of Kosovo is 39.1 % on an average, 52% is agricultural land, 31 is pastures and 69% is
covered by the arable21.
Vinča culture is also called as Turdaș-Vinča culture which is the archaeological one
where it is being implemented in the Cental and Southern Europe. Basis of typological
matching, that Vinča and other Neolithic cultures are belong to the 'Dark Burnished Ware'
complex were the goods are migrated from Anatolia to the Balkans. The Starčevo culture is
also same as Vinča wher the village Starčevo, the type site, is placed on the north bank of the
Danube in Serbia which is opposite to the Belgrade.
19 Summers, James. "The Law and Politics of the Kosovo Advisory Opinion. By Marko
Milanović and Michael Wood." (2017): brw014.
20 Seymour, Lee JM. "Legitimacy and the Politics of Recognition in Kosovo." Small Wars &
Insurgencies 28, no. 4-5 (2017): 817-838.
21 Visoka, Gëzim, and John Doyle. "Neo‐Functional Peace: The European Union Way of
Resolving Conflicts." JCMS: Journal of Common Market Studies 54, no. 4 (2016): 862-877.
9

Kosovo war
There were ethnic tension was created between the Serb communities and Kosovo
Albanian where there was large problems created in the year 1980 in the Kosovo. In the year
1989 the president of the Serbian Slobodan Milošević was employing the mix of aggression
and governmental manoeuvring, forceful reduced Kosovo's special independent status within
started cultural persecution of the ethnic Albanian people and Serbia They respond with the
non-violence separate motion. Employing general civil noncompliance and creative activity of
parallel construction in education, medical care and taxation with the ultimate motive of
gaining the Kosovo independence22.
In the 1990, they proclaim the exercise of the Kosovo republic, and announced it a
independent and sovereign state in 1992. In the May 1992 Ibrahim Rugova was made as the
president of the Kosovo by organising the election. In the entire life, only the Kosovo have
been republic by the Albania. Again in the year 1996, the KLA Kosovo Liberation Army have
sought change of Kosovo and the creation of the Greater Albania have dominated over their
non-violence and had attack over the Serbian police in Kosovo and Yugoslav Army which
again result in the Kosovo war23. In the year 1998, the international pressure forced
Yugoslavia to made the agreement of ceasefire and withdraw as security forces.
Post war
On the 1999, the UN Security Council pave taken the UN Council for the Security
resolution 1244, which placed (UNMIK) Kosovo under transitional UN administration and
authorised Kosovo Force (KFOR), a NATO-led peacekeeping force. They have estimated that
Serbs who migrate when the Serbian people left which vary from the 65000 to 25000 and
19400 are living in Kosovo24. The Serbs who are still in the Kosovo have to face non-violence
22 Subotić, Jelena. "Narrative, ontological security, and foreign policy change." Foreign Policy
Analysis 12, no. 4 (2016): 610-627.
23 House, Freedom. "Nations in Transit 2017-Kosovo." Democracy 6, no. 6.00 (2017): 6-00.
24 Al-Busaidi, Al-Mutasem Hilal. "The Kosovo War, NATO Involvement." (2016).
10

whether they are in the urban or rural areas. Again in the year 2006, the inter-national
negotiation have taken place which determine the final status of the Kosovo. In the year 2007,
Ahtisaari have transferred the draft of the settlement of the proposal for the supervised
independence. The draft resolution have been backed by the UK, US and other European
members.
The Kosovo was declared independent on 27th February 2008, since with the
independence, it has turned the member of the international institute such as World Bank abd
International Monetary fund. The eld of Serb Kosovo, which greatly argue the declaration of
independence and have formed the Community Assembly of Kosovo and Metohija. The
conception of the assembly was disapproved by the President of Kosovo Fatmir Sejdiu and
UNMIK communicated that do not take this assembly as the serious issue because this not
play the operational role25. On October 2008, the UN General Assembly solved on a
agreement by Serbia, to inquire the International Court of Justice to provide an consultative
thought on the lawfulness of Kosovo's declaration of independence.
The agreement is still to be refiled by the parliament where some cooperation have
taken between the government where both the parties have reached to the Brussels agreement
where EU negotiate that agreement that the minority of the Serb given their own court of
appeal and police in Kosovo26.
Minorities and their self-determination.
The relation between the Kosovo people and the Serbs have been belligerent after the
rise of Nationalism in the 19th century in the Balkans. At the time of communism in the
Yugoslavia, the Serbs and the ethnic Albanians were largely inconsistent with the sociological
25 Kastrati, Ardian. "The Role of Civil Society in the European Integration Process in Kosovo:
EU Mechanisms and Instruments for NGO Sector Development." European Scientific
Journal, ESJ 13, no. 10 (2017).
26 Cross, Matthew E. "Equipping the Specialist Chambers of Kosovo to Try Transnational
Crimes: Remarks on Independence and Cooperation." Journal of International Criminal
Justice 14, no. 1 (2016): 73-100.
11

studies at the time of Tito era which indicate that they don't accept each other as the friends or
neighbours but few of them have inter-ethnic marriage. From the many decades the
Stereotyping, mutual distrust and Ethnic prejudices have been remained common. The level of
change of integrity and intolerance between both of the parties at the Tito period was had been
rumoured by the Sociologists27. This have become the worst case that of Serb people and
Croat in the Yugoslavia. This have created the tension between both the parties. They have
planned to integrate as the Kosovar, despite of planning, the Egyptians Romani and Ashkali
face several differences such as discrimination, segregation in the education, housing,
employment, health and social welfare.
Many camps have been made around the Cosovo to continue the housing activity for
the thousands of internally displaced people and all then minorities, communities and groups.
Most of Romanies thinks that they have been considered as the Serbs in the conflicts that have
taken portion in the general robbery and destruction of Albanian property, Minority Rights
Group of the International reports that Romani people clash hostility by Albanians external
their local areas.
In the year 2007, Kosovo have been divided in the 30 municipalities and now they are
divided into 38 and subdivided into seven distinct according to the Brussels agreement of
2013 and Kosovo law28. These municipalities are altogether been in progress to create a
community all-embracing around 90% of the Kosovo population of Serb. The total
population is estimated between the 1.9 to 2.2 million have the ethnic composition from which
4% are Serbs, 92% is Albanians, 1% id Romanias, 2% is Gorans and 1% is turks. According
to the CIA world Fact book, there is 88% is Kosovo Serbs and 4% is ethnic group.
27 Kastrati, Ardian. "The Role of Civil Society in the European Integration Process in Kosovo:
EU Mechanisms and Instruments for NGO Sector Development." European Scientific
Journal, ESJ 13, no. 10 (2017).
28 Seymour, Lee JM. "Legitimacy and the Politics of Recognition in Kosovo." Small Wars &
Insurgencies 28, no. 4-5 (2017): 817-838.
12

There is snidely increase in the number of the Albanians which constituted a most of
the Kosovo from the nineteenth century and the outside of the Kosovo, there is also existence
of majority of the Kosovo Albanians such as in the Macedonia, Presevo Valley etc.
There is 4% of the Serb that are in the Kosovo are considered as the indigenous
people, these individuals lived since the eleventh century and have 1200 to 1455 Kosovo are
the portion of Serbian Kingdom. This had happened when the significant Christian orthodox
sites were made in the Kosovo29. There was the conflict take place between the Christian
orthodox and the Kosovo people. Romanies are the 1% of Kosovo population where these
people speaks their own language that is Romany. They have the dispersed group with a
important number left over displaced after the aggression of 1999 and 2004, mostly in camps
in Serbia and Kosovo. The Romas and the Serbs are the most discriminated group in the
Kosovo. They have been given the right of the self-determination against the indigenous
people.
CONCLUSION
It can be concluded from the project report that indigenous people are those who have
their own unique tradition and retain economic, political, social and cultural features. They are
different from the society where they live. There is around 370 million people are indigenous
in all over the world. The resources they use and the land at which they survive are according
to their culture, identity, physical, spiritual wellbeing and livelihood. The report includes the
right of self-determination of the indigenous people where they have the privilege to develop
their own social, economic and cultural development. The report also consist the
independence of Kosovo and rights of self-determination of Serbs and Romas which have 8%
of stake.
29 Young, Steven C. "Foreign Direct Investment Disputes with Unrecognized States: FDI
Arbitration in Kosovo." Journal of International Arbitration 33, no. 5 (2016): 501-523.
13

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