The Balkans in transition: minorities, identity and self-determination

Mszros Edina Lilla

Review of: Herausgeber Geistlinger, Hilpold, Kremnitz; Redaktion: Doppelbauer, Siller,

Schwerpunkt Balkan im Umbruch, in: Europa Ethnica, 68 Jahrgang, 2011, ISSN 0531-2485

Keywords: Ohrid agreement, Western Balkans, Gottscheerisch dialect, right of self-

determination, collective rights, minorities

The first issue of this years volume Europa Ethnica has chosen as its main topic: The
Balkans in transition, willing to initiate the reader through five scientific articles in the
backstage of the formerly known powder keg of Europe1 (Balkans region), focusing on current
debates like: secession, national questions, autonomy, rights of self-determination of minorities,
and endangered languages etc.
This geographical region from the heart of Europe, called the Balkans (former Yugoslavia)
has an extremely varied ethnic and cultural composition. The memory of the wars and the
bloodshed is still very vivid, making extremely difficult the peaceful coexistence of so many
different ethnicities, being also evidence on how the continuing frictions had grown a latent
hostility from one to another, which, at the first spark, burst into massacres that are too recent to
be forgotten.
Every former Yugoslavian Republic still gives home to a large number of ethnic minorities,
and even though the conditions standing on the basis of the civil wars have ceased to exist, their
presence still represent a major source of tensions. Not to mention the fact that since 1989 the
phenomenon of nationalism has resurrected in Eastern Europe and the Balkans, often with
shocking violence.2
The presence of ethnic minorities and the integrity of the state were exclusive alternatives
which endangered the very foundations of sovereign states. Faced with this deep-rooted crisis,
the Balkan societies had to pick up the gauntlet and had to respond to the challenge of integrating
these communities in the body of their national states. One of the crucial problems in the Balkans
still lies in the ability of the central governments to integrate and to bring together different

1 B. Shmelev, The Balkans: Powder keg of Europe or Zone of Peace and Stability? A Russian Perspective, in:
Allin, Dana H; Emerson, Michael (eds.), Readings in European Security, Volume 3, Centre for European Policy
Studies, Brussels, 2005, p. 90

2M. Koppa, Post-Communist Balkans and their Minority in C. Arvanitopoulos (ed): Security Dilemmas in
Eurasia, Athens, Nereus Editions,1999, pp. 149-164
ethnic and religious groups from the periphery, in such a manner that cultural, linguistic and
religious particularities could be accepted.
Till our days no solution of general acceptance has been found, that is why the topic of this
research is actual and well founded.
The first contribution to this volume, namely The Ohrid Agreement towards a peaceful
conflict settlement in the Western Balkans, written by Maia Daltcheva is a very thorough
historical analysis of the riots from the beginning of the new Millennium in the Western Part of
Macedonia, also focusing on the viability of the Ohrid Peace Agreement, which was meant to
settle the disputes among the conflicting parties.
At the beginning of her analysis Miss/Mrs. Daltcheva points out that Macedonia was the only
of the former Yugoslav states which managed to leave the federation in a peaceful way, and for
many years it was considered as a role model for peaceful ethnical coexistence. Contrary to this
peaceful coexistence the article of Mrs./Miss Daltcheva wants to identify the causes of the
conflict in Western Macedonia from 2001, also putting an emphasize on the provisions of the
Ohrid peace agreement, and wondering if inter-ethnic peace can be delivered from outside the
borders of the disputed region, imposed by the external powers.
As many other scholars3, Miss/Mrs. Daltcheva recognized as well the importance of the
Albanian population, many solutions to the problems of the Balkans region, lying in the
recognition of the rights and demands of this ethnic group.
Nowadays there is considerable amount of bibliography about this subject and the literature
used by Mrs./Miss Daltcheva is comprised mostly of internet links, scientific articles, and
primary resources like: interviews collected at the Macedonian embassy. Giving proof of a great
sense of accuracy and professionalism the authoress puts under question mark the credibility of
the primary resources, which according to her opinion were biased, Miss/Mrs. Daltcheva trying
to be as impartial and objective as possible.
Before speaking about the actual theme of the debate the authoress initiates the reader in the
roots of the conflict identifying three factors which led to the eruption of the fray, namely:
demographic (attempts to cut down the birth rate of the Albanians), religious (Macedonian
authorities did not finance the construction of mosques, and the third component: isolation
between the ethnic communities, without any will to mix with each other.
She uses statistics to back-up her affirmations, the Albanians representing the biggest minority in
Macedonia. She briefly describes the dispute, underlining the impact of the Kosovo conflict on
the unrests from Macedonia. The report of the International Crisis Group also reveals that both
domestic affairs (political and cultural isolations of Albanians) and external factors (the Kosovo
conflict) contributed to the eruption of the Macedonian unrests from 2001.4

3 Carl Savich, Miranda Vickers, Jelavich Barbara, etc.

4 International Crisis Group, The Albanian Question in Macedonia: Implications of the Kosovo Conflict for Inter-
Ethnic Relations in Macedonia, ICG Balkans Report nr. 38 11 August, 1998
 But the attention of the writer focuses mainly on the provisions of the Ohrid Agreement,
wondering is this accord has the stamina to become the basis for a multiethnic state and for a
sustainable and stable development. According to the International Crisis Group the Ohrid
Agreement remains the yardstick of Macedonias progress related to inter-ethnic conflict.
Mrs./Miss Daltcheva enumerates the provisions of the agreement mentioning both its forte
points and its weaknesses.
She came to the conclusion that in overall neither of the conflicting parties is totally
satisfied with the provisions of the Ohrid Agreement, identifying themselves with martyrs.
The answers to the questions put at the beginning of the article have found a positive answer that
regardless of its weaknesses or negative points the Macedonian example shows that imposed
foreign treaties can have a positive effect. Regarding the second question the possibility of a
peaceful coexistence can be resolved as well. From Mrs./Miss Daltchevas point of view by
respecting the rights of minorities, by allowing them to study in their own language, and to have
representatives in the government, it wont harm the rights and privileges of the majority of the
population.
Mrs./Miss Daltcheva identified one of the major challenges for the future, namely the integration
of these minorities in the body of the state, the creation of a sense of belonging to the state, in
order to feel that they are a part of the body, and dont need to secede in order to satisfy their
needs. Finally the authoress points out the important role played by the European Union, which
confirmed its desire with the Stabilization and Association Agreement to create reforms and a
peaceful civil society and by opening up its borders in front of the countries from the Western
Balkans created a strong incentive for states like Macedonia not to get off the right beaten track.
The second article from this journal belongs to Jernej Zupani and it deals with the
Geopolitical Dimension of the Montenegrin National Question.
It is brought to the attention of the reader that just like the other countries from the Balkans,
Montenegro is also a highly heterogeneous state, living with a constant dilemma of a double
identity imposed by the Serbian unitary structure. The aim of this research is to give an overview
of the Montenegrin national question and to evaluate its modern geopolitical implications from
three aspects: the aspect of territorial and political development of Montenegro, the aspect of
ethnic development and finally the geopolitical aspect. The author gives us a thorough analysis
of the history and the ethno genesis of the Montenegrin people identifying the special
characteristics distinguishing them from the Serbs.
Zupani puts an emphasize upon the tribal or clan form of organization, according to him
this playing an important role in the social cohesion of the Montenegrins, creating mythology
and folk tradition, all of these elements contributing later to the independence of the
Montenegrins.
The Congress of Berlin (1878) can be considered as a milestone in the Montenegrin history,
when Montenegro gained formal independence and international recognition, this increasing the
need to introduce modern state administration, marking the beginning of the social
differentiation. As once the Serbs and the Albanians from Kosovo, Serbs and Montenegrins also
shared a common history and purpose, being united in the battle against a common enemy, the
Turks.
After the end of the Turkish rule Montenegro has found itself tied between the expansionist
claims of Serbia on one side and of the Albanians on the other side.
The author guides the reader through the pages of history revealing the constant change of
Montenegros geopolitical importance for the region. During the Ottoman occupation the
Montenegrins were important members of the resistance, and due to its geopolitical location it
was also important for Serbia being a bridge to the Adriatic coast of which conquest was only
possible through Montenegrin territory. The unification with Serbia from 1918 can be explained
as a strategic move of Serbia, Montenegro gaining the title of bridgehead. After the establishment
of the Kingdom of Serbs, Croats and Slovenes, Montenegro was no longer needed, partially
because it had no adequate infrastructure, somehow remaining on the periphery of Yugoslavia.
After the 2nd World Conflagration, gaining the status of a federal republic in Yugoslavia
contributed to the development of the so called Montenegrin identity.
After the disintegration of Yugoslavia, and loosing Bosnia and Herzegovina, once again
Montenegro acquired an important status for Serbia.
In 2006 Montenegro declared its independence from Serbia, according to the author this
secession being a result of a renewed political emancipation at the beginning of the 3 rd
Millennium.
In the scholars opinion the final act in a geopolitical point of view is given by the process of the
European integration. The writer considers that with an open Europe is possible the anticipation
of economic pressures on Montenegro and that this might have a strong influence on the identity
of the Montenegrin people. Just like Mrs/Miss Daltcheva in the Macedonian case, also Zupani
believes that Montenegro from an economic point of view alone does not have enough strength
to keep up with its regional neighbours like Serbia or Albania, the only solution being the
acquiring of the membership of the EU. Even Olli Rehn the former Commissioner for
Enlargement pointed out that the West Balkans represent a particularly important testing
ground for the EU soft power and that the region needs a credible European perspective to drive
reforms forward.5
The third contribution to this journal deals with a subject rather unknown for the vast
majority of the readers, introducing the problematic of The maintenance of Gottscheerisch, the
dialect of Gottschee Germans in Slovenia, Austria, Germany, Canada and USA, written by Anja
Moric.6

5 I. Albu, Review of Olli Rehn, Europes Next Frontiers, 2006, Nomos Publishing House C.A.P., in: Maron,
Fabienne; La Brosse, Renaud de; oproni, Luminia (eds.), Eurolimes, Vol. 3, Media, Intercultural Dialogue andthe
New Frontiers of Europe, Institute for Euroregional Studies, Oradea, Spring 2007, p. 167

6 J. P. Dyneley John, The Gottschee Germans from Slovenia, Philadelphia, 1931

 This article is an initiation in the Gottschee area, from the South-Western part of Slovenia
(Koevje), where due to economic reasons Germans from Carinthia began to settle in the 15 th
century forming an interesting and unique German linguistic island.
Miss Moric shares with us that through centuries took place a process of mutual assimilation
among the Slovenes and Germans from Gottschee, so the Gottscheerisch language is a unique
German dialect combined with some Slovenian elements.
The aim of Miss Morics research is to find out whether Gottscheers from Slovenia, Austria,
Germany, Canada and USA still maintain their identity or not, and whether the dialect is
transferred from older generations to the younger ones. As a research method survey
questionnaires, interviews and informal discussions were used, furthermore the authoress draws
the attention upon the lack of literature discussing the Gottscheers in present time, the majority
of the existent bibliography referring exclusively to the Gottscheers from Slovenia, not
mentioning those living in diaspora in Austria, Germany, Canada and the USA.
In order to get answer to these questions Miss Moric compares the situation of the
Gotscheers, splitting them into three categories: first those living in an English speaking-, than in
German speaking environment and finally those living in their original environment Slovenia.
The findings were surprising in comparison with the expectations, revealing that the dialect is
mostly used in the USA and Canada where the most of the Gottscheers live, although the
majority of the younger generations aged between 25 and 50 defined English as their mother
tongue, so English has replaced both German and the Gottscheerisch. Moric attributes this
finding as a consequence to the integration in the American culture. Questionnaires revealed that
passive knowledge is widespread among the younger generations, with one word they
understand but they do not speak the language.
The situation is similar in the German speaking environment as well: the young do not speak
the dialect any more, knowing the language only passively. In Slovenia even less people speak
the dialect than in the above mentioned cases.
Miss Moric came to the following conclusions that the dialect is still used in our days but in a
very narrow way, its transfer from older to younger generations being curtailed. The most
promising situation is in the USA, where some families still speak the dialect at home. Passive
use of the dialect among the younger generations is more widespread. The same situation is in
the case of Austria and Germany, there exist some thirdgeneration members who speak the
dialect but their number is smaller than in the US. She draws our attention upon an interesting
fact that in Slovenia where all Gottscheers originate from the situation is alarming, where less
than 5 younger up to 40 years speak the language. Writing the dialect is not very widespread,
mostly in Austria and Germany seek for written use based on standard German, while those from
USA, Canada, Slovenia experience major difficulties writing it, and some havent even heard of
a written form of the dialect. The writer indentified the mixed marriages as the primary reason
for the decline of the transfer of the language from the elderly to the youngsters.
Unlike the other minorities or ethnic groups from the European continent (former Yugoslavia is a
good example), which fight for the preservation of their linguistic and cultural heritage, Miss
Moric concluded that the majority of the Gottscheers have already reconciled themselves with
the fate of their dying language, although remaining some individuals who fight against the
disappearance of their linguistic legacy, but their fight is similar to that of Don Quixote against
the windmills.
Unless some measures are taken, like organized learning in the form of courses with
intensive conversation in the dialect combined with the mobilization of the younger Gottsscheers
generations the language will simply disappear. The authoress urges for a fast solution,
postponing it might have terrible consequences for the faith of the language.
The last two contributions entitled Neue Perpsektiven der Selbstbestimmung?
Mglichkeiten und Grenzen der vlkerrechtlichen Verselbstndigung von Territorien in Europa
by Peter Hilpold and the Collective Rights of Minorities: Exploring a Normative Basis for
Internal and External Self-Determination by Gulara Guliyeva will be discussed together
because their topic is very similar, both of them dealing with the problematic of the right of self-
determination, the first article coming with the example of South-Tirol and Kosovo, while the
other gives various examples from New Zeeland, to Georgia or Moldova focusing as well mostly
on Kosovo.
The history of the Southern Tyrol in the twentieth century is a constant struggle for the
obtainance of the autonomy of German-speaking population, which nowadays represents 62.5%
of the population of the region.7 The majority of the population speaks German, around a quarter
of speaks Italian, while a small minority has Ladin as their mother language.
Mr. Hilpold gives us a brief historical insight in the history of the South Tirol, affirming that the
current situation is a result of the Italian annexation of the region after the 1 st World War in 1919.
Nowadays South Tyrol is granted a considerable level of self-government, consisting of a large
range of exclusive legislative powers and a fiscal regime. According to Hilpold the question of
self-determination, considered for many years a utopia nowadays based on the South-Tyrolese
and Kosovo example is more realizable.
The question of the proclamation of the independence of Kosovo and its right of self-
determination and the opinion of the International Court of Justice is treated in both of the above
mentioned articles. Besides covering the theme of self-determination, Miss Guliyeva also puts a
special attention on the legal conditions for the realization of this political principle. From the
perspective of the authoress theres no definition of the term self determination in international
law, while according to the Minority Rights Group International the right of self-determination
for all peoples was first enshrined in the UN Charter and it is a collective right: that only the
"people", not an individual can exercise.8
The historical evolution of the concept reveals that it has been subjected to ambiguity,
misconception and contradictory application, and for Antonio Cassese self-determination is way

7 A. Alcock, The South Tyrol Autonomy: a short introduction, County Londonderry, Bozen, 2001

8 Minority Rights Group International, http://www.minorityrights.org/2813/themes/selfdetermination.html

of opening a veritable Pandoras Box.9In Frank R. Pfetsch opinion however if the will to
separate through self-determination is high, separation can be a remedy for securing peace,
judging the division of Pakistan, Czechoslovakia, Ethiopia, and even of Yugoslavia as
peacemaking. He states that in some cases the reduction of tensions within states can be achieved
by building new entities through separation or division.10
In her research Miss Guliyeva distinguishes between internal and external self-determination.
She defines external self-determination as a right which empowers the people to be free from
external domination, which can result in the creation of a sovereign state.
Miss Guliyeva has centered her research on three major pillars wondering why minorities
need collective rights, investigating a normative basis of the right to internal self-determination,
exercised through autonomy arrangements, and finally exemplifying a successful case of external
self-determination, the case of Kosovo.
In the first part of the research study the authoress stresses the importance of the collective
rights of minorities, giving pro and contra arguments from a consulted literature, of which
majority are against minority groups receiving collective rights, lobbying that minority rights
should remain individual. Guliyeva draws the attention of the reader on the negative effects of
collective rights, which might lead to the oppression by members of a group towards individuals
who choose not to be treated as a minority. States recognized the danger of acquiring collective
rights; this might lead to claims of international legal personality by minority groups, and
subsequently to self-determination and secession.
In the second part of the study, the scholar realised a thorough analyses of the legal basis of
internal self-determination underlining the lack of explicit acknowledgment of the right to
autonomy in the 27th Article of the International Covenant on Civil and Political Rights. Finally
the authoress concluded that Article 27 in conjunction with article 1 of ICCPR may serve as legal
basis of a minority right to autonomy, and by extension to internal self-determination.
In the last par part of the research Guliyeva affirms that unlike internal self-determination,
external self-determination contains a clear normative basis in Article 1 of ICCPR, although its
application being contested by the states and the most appropriate example is that of Kosovo, this
representing a successful case of external self-determination: result of grave human rights
violations and unilateral abolition of autonomy.
This heavily mediatised event, the unilateral declaration of independence of Kosovo based on the
Advisory Opinion of the International Court of Justice did not violate any kind of international
law. According to many voices from the international arena that the ICJ created a very dangerous
precedent by accepting the external self-determination of a sub-state unit outside the context of
the decolonisation, practically giving a guide book in the hands of secessionist groups, arguing
9 A. Cassese, Self-determination of peoples: a legal reappraisal , Cambridge University Press, 1995, p. 293

10 F. R. Pfetsch,Borders, Cause of Conflict or Catalyst for Peace?, in: Delanty, Geerad; Pantea, Dana;
Teperics Kroly (eds.), Eurolimes, Vol, 4. Europe from Exclusive Borders to Inclusive Frontiers, Institute
for Euroregional Studies, Oradea, 2007, p. 17-19
that under international law, an ethnic, linguistic or religious group does not have the right to
secede unilaterally from a state, so the ICJ should have ruled that the international law does not
grant minorities an explicit or implicit right to secede unilaterally from a state.
During this debate Guliyeva gives proof of a great amount of impartiality, categorically
avoiding making a statement in this matter, she only expressing her regrets towards the advisory
opinion of the ICJ., for nu putting the basis of a clear procedural guideline regarding that when
can a minority group externally self-determine.
Despite the fact that the principle of self-determination is a source of an ongoing debate
in international law and its application to minorities is still controversial, the authoress gives the
reader rather Solomonic solution. According to her only a combination between collective and
individual minority rights can assure the adequate protection for minorities, though she criticizes
ICJs Advisory Opinion on Kosovo because it didnt put down a legal basis for exercising this
right of self-determination, pointing out just the fact that in extraordinary situations states may
externally self-determine.
By consulting these articles the reader manages to get some insight info about the
Balkans region facing a transition, which like the broken pieces of a mirror is split among
various ethnic groups and nationalities. According to our opinion this huge division and the
ethnic conflicts can find a solution once integrated in the body of the United Europe. The most
important thing is to create a European Union of all the countries of the region where all people
enjoy equal rights, possibilities of developing and the right to cultivate their tradition in a
sovereign and independent way. This may help to bring the Balkans conflicts into the center of
the political stage, and put an end to them down once and for all. The highly heterogeneous
Balkans together with a mixed Europe can become one body, acting after the same rules, in the
same way and with the same possibilities. This would allow for the pieces of the broken mirror
to be collected into one single body.
Finally this highly exigent lecture with its exhaustive literature could be used as a reading
material by students, researchers or specialists, interested in the problematic of the Balkans
region, who will find great pleasure in consulting it.

Bibliography

1. Albu, Ioana, Review of Olli Rehn, Europes Next Frontiers, 2006, Nomos Publishing
House C.A.P., in: Maron, Fabienne; La Brosse, Renaud de; oproni, Luminia (eds.),
Eurolimes, Vol. 3, Media, Intercultural Dialogue and the New Frontiers of Europe,
Institute for Euroregional Studies, Oradea, Spring 2007
2. Alcock, Anthony, The South Tyrol Autonomy: a short introduction, County Londonderry,
Bozen, 2001
3. Cassese, Antonio Self-determination of peoples: a legal reappraisal, Cambridge
University Press, 1995
4. Dyneley, John Prince, The Gottschee Germans from Slovenia, Philadelphia, 1931
5. International Crisis Group, The Albanian Question in Macedonia: Implications of the
Kosovo Conflict for Inter-Ethnic Relations in Macedonia, ICG Balkans Report nr. 38 11
August, 1998
6. Marilena Koppa, Post-Communist Balkans and their Minority in C. Arvanitopoulos
(ed): Security Dilemmas in Eurasia, Athens, Nereus Editions, 1999, pp. 149-164
7. Minority Rights Group International,
http://www.minorityrights.org/2813/themes/selfdetermination.html
8. Pfetsch, Frank R. Borders, Cause of Conflict or Catalyst for Peace?, in: Delanty,
Geerad; Pantea, Dana; Teperics Kroly (eds.), Eurolimes, Vol, 4. Europe from Exclusive
Borders to Inclusive Frontiers, Institute for Euroregional Studies, Oradea, 2007
9. Shmelev, Boris, The Balkans: Powder keg of Europe or Zone of Peace and Stability? A
Russian Perspective, in: Allin, Dana H; Emerson, Michael (eds.), Readings in European
Security, Volume 3, Centre for European Policy Studies, Brussels, 2005