Article Type: Research Article Article Citation: Prof. Ass. Dr. Safet Krasniqi, and Prof. Asoc. Halimbajraktari. (2020). MINORITY
LANGUAGES IN KOSOVO. International Journal of Research -GRANTHAALAYAH, 8(11), 259-265.
https://doi.org/10.29121/granthaalayah.v8.i11.2020.2450 Received Date: 15 November 2020
Accepted Date: 30 November 2020
Keywords: UN OSCE European Card for
the Regional languages or Minority Oslo’s
recommendations for minority languages The paper includes the legal aspect and political harmonization of human rights and freedom in the context of an analysis about the legitimate and executive function of the state of Kosovo. Guaranteeing civil rights it’s a part of and obligation that Kosovo institutions have, that are accorded in the legal structure of the fundamental human rights. This approach, mostly has to do with the majority community in Kosovo, that legally and politically are constitutional category.
1. INTRODUCTIONThe positive right in Kosovo has defined the rights and freedoms for the citizens of Kosovo. The use of languages in central and local level is a continuous process of legislative and practical advancement. The legislation it treats the use of languages by being supported of one of most rights of all communities for the presentation, protection and promotion of cultural identity. All the rights have the source in: European Convention on human rights and freedoms, Convention on the protection of Minorities, Convention Advisory Committee on the Protection of National Minorities Thematic commentary, nr.3, for the languages rights of the people that belong to the minorities, that was approved in May 24,2012. European Cards for regional or Minority languages, that was approved in Strasbourg on November 5th 1992, Oslo’s recommendations for minority languages of high Commissariat for minorities etc. In domestic law, the Parliament of Kosovo has approved the law of languages use, and other laws that are linked with languages use, documents, administrative instructions that realize the official use of languages of the majority and non-majority communities. In this paper are used: historical methods, analytical methods and comparative methods. 2. MINORITY LANGUAGE IN KOSOVO- INTERNATIONAL DOCUMENTSThe case
of languages use, has stimulated various discussions in local and international
circles that are in Kosovo, by knowing the political status of non-majority
communities and legal position accorded with international standard, currently
the Kosovo legislation is supported on the base of an international plan
supported in the changes that has happened in Kosovo, on 1989\1999.If we are
based by the principles of international legal acts that were mentioned before.
By being based on the international documents, it’s important to review some of
them. European Card for the Regional languages or Minority is one of the
international documents that is obligated for implementation. The card has
defined the minority languages in two aspects: first aspect as a language that
has been talked traditionally within an defined territory and in the second
aspect as an group that numerically is smaller than the other population of
that state. Other specifications that are about the difference between the
languages and majority language by dialect and from the official language
itself too [1].
Accorded to the obligations for implementing this Convention, the article 2 has
obligated the states to respect at least 35 paragraphs or subparagraphs of the
third part of the Card, at least chosen by the article 8 and 12 and one of the
article 9-12 of card.[2]
Has been defined the obligations of each state for taking actions for
implementation of the Card, through composition of legal provisions purposely
,the given support for the regional language use or minorities in court
institutions ,administrative and educational. By being based on predefined
targets and principles by article 2 paragraph 1,of the Card, article 7 has
obligated the member states by defining the legislation for implement action of
Card, not just only to accept but to support the regional language in the
establishment aspect of concrete actions with a purpose to keep saved and to be
continued, and easier to use by securing means and different forms for using
them in public and institutional life[3].The
purpose of this international act is to make the full secure of minorities
language use in social life, by beginning from the court administration
,education etc. The Card gives to minorities education of all levels, the
opening of a TV channel, newspaper and other media[4]. The
recommendations of Oslo had a purpose on the situation on the former
Yugoslavia. The purpose of this recommendation was to avoid ethnic clashes.
Based on this the purpose of Oslo recommendations necessary is to secure the
rights of minorities by their using aspect in legal system that is necessary.
The base of these recommendation are: the universal declaration of human
rights, ECHR and the international pact of civil and political rights. In these
documents the dignity of people is guaranteed, the freedom of talking and equal
participation in the social life of minorities. The universal statement
accurately defines the social level of the individuals by putting his dignity
obviously in relation to rights. The civil and political rights conventions in
article 2 requires states to sanction these rights for strengthening of legal
relations within the state[5].
The Convention for civil and political rights guarantees to minorities the
right of language use no matter of their number[6].
An important international document is UN statement for the rights of persons
that belong to national or ethnic minorities, religious and linguistic, that
guarantees the languages use privately and publicly without any discrimination[7].
Kosovo in its legislation, in continuity tries to fulfill its international
obligations. This is more obvious by community representation in political and
legal institutions and its involvement from pre-primary education to university
level. In general, Oslo’s recommendations are accorded to their guaranteed
social and public life through their participation on their actions, Kosovo in
legislation has legally accepted a large number of rights that comes from Oslo’s
recommendations as are: the right of name use, names of their ancestors and
surname on their own language, practicing faith publicly especially funerals
and their marriages with religious rites. Their organization in NGO, employment
and their language use in public administration and in court, establishment of
cultural education and their financing, etc[8].
As it belongs to administration institutions of court, the language use of
minorities and the rights in public documents in their priorities of Kosovo
state. These rights are accorded to fundamental rights[9].
The activity that the Republic of Kosovo is going about the languages use of
minorities its legal structure. Parliament of Kosovo has approved the basic
Law, for languages use. The law came into force at 2007. Law into force, being
based on international legal acts, minority communities, have guaranteed the
language identity and creating a living environment in Kosovo. According to
constitution of Kosovo as official languages are considered Albanian language
and Serbian language[10].In
local level, official languages are considered those languages that consist a
population in more than 5%. Turkish language makes and exception because of
talking tradition of this language in Prizren and
surroundings.[11]
3. LAW ENFORCEMENT PROCEDURES FOR THE USE OF LANGUAGES IN KOSOVOThe
Kosovo state has defined procedures for law enforcement for languages use in
Kosovo by securing their rights to ask for services in their own languages if
their language is one of the languages that are considered official languages
in local level. All institutions, public enterprises and socially owned ones
are obligated to implement language equality[12].
The Law for languages in Kosovo has given enough space for languages use to
minorities in state bodies in central and local level. Articles
12-18,19-24,27,28-30 guarantee each citizens rights in personal registry in
public registry, the foundation and the holding of legal subjects, cultural
associations etc[13].
Practice implementation of law and normative acts about languages use in Kosovo
has enabled and given some recommendations. 1) Albanian:36,1542 2) Egiptians:1,544 3) Bosnian:1,142 4) Serbian:194 5) Ashkali:111 6) Romanian:39 7) Turkish:10 8) others:45 9) Unspecified:50 According
to the office for communities and returns at least 2,316 serbians
and 1,670 Egiptians lives in this municipality. The
project was focused in the overseeing practical implementation of laws on
languages and other legal documents in force. The project “Support the commissioner’s of official languages in 12 program partner
municipality of USAID To Advance Kosovo together’’ One of the
main activities had the ‘’secret client’’. The project was based in
availability of information in official languages, the culture of communication
and the communication via email. During project implementation, from secret
consumers was requested to value the availability and general culture of
municipal officials for communication and the request for information through
email. About this communication culture those who were responsible for this
project, noticed the existence of translators, communication in consumer’s
language in Istog municipality. The forms were in two
languages, secret costumer, during the contacts with municipal officials has
noticed that most of official talk official language. The answer in emails sent
in municipality in the minority language of the municipality it has become the
mother language of secret costumer. All of this shows the serious connection of
Kosovo Republic achieving linguistic equality in all its territory[17].Regarding
to local languages use in public enterprises has remark about logos at the
entrance of enterprises invoices etc . Competitions
are published in all official languages[18].
The OSCE annual reports for the implementation of law for language use from
Kosovo’s municipality especially those from 2008, notice difficulties but
progress about the minorities language use. Positive example is Prizren municipality that in 2007 has approved regulations
for languages use of minorities as official language in local level. The report
has evidenced shortcomings regarding to communication difficulties between
majority and non-majority community in public institutions, the lack of opinion
information for the chance of languages use in municipality etc. The special
thing about this report is the lack of translations in official documents of
local languages from the survey with different residents in Kosovo’s
municipality and there are noticed difficulties in understanding documents that
are issued from municipality institutions only in Albanian and Serbian
languages. The report emphasize the lack for translators and professional
translate of official documents in the languages of other communities[19].
An important mechanism to advance human rights standards it’s the Regulation
nr.07/12 for office of the Language Commissioner, approved by the Government of
the Republic of Kosovo about the establishment, function and the way of work of
this office. The office operates under the direction of the Language commissioner
that is responsible for the office management and the implementation
competencies[20].
The office supports two mechanisms Language Policy board and Language policy
network. According to this regulation, the office has competence in law
enforcement with the purpose of maintaining promotion and the protection of
official languages use in the Republic of Kosovo, of languages in municipality
level and the community languages that do not have a mother tongue one of the
official languages.[21]Jurisdiction
of the office includes the languages use in institutions of the Republic of
Kosovo, organizations and other companies that practice public functions.
According to authorizations, the office has the authority to monitor the
compliance of the law the institution recommends and mediates about for
drafting new regulations or Administrative instructions. According to its
authorizations, the office also has powers to conduct investigations on its own
initiative or based on submitted complaints from physical or legal persons. The
office offers some advices or help for public, about their rights by law, for
languages use, public awareness of citizens etc[22].
Definitely, law mechanism range and an expanded legal infrastructure has made
that minorities languages as a part of their rights to be fully completely
equal with majority, in Republic of Kosovo too. In this aspect, the level of
political rights and freedoms, civil, economic etc. of minorities often
overcome the level of numerical and geographical proportion within the territory
of Republic of Kosovo. In the practical aspect of surveillance of
implementation of laws in Kosovo connected with language use of minorities is
still lacked. These flaws are because of unprofessionalism, the lack of
financial, negligence of persons, competent local authorities or institutions.
Some organizations that are present in Kosovo, has published written reports
that are about technical flaws or professional of legislation translations in
Kosovo. We can notice this in periodic reports of NGO and International
Organizations that are present in Kosovo. From ECMI Kosovo report, that is the
main non-governmental organization dealing with minority issues in Kosovo,
October 201 with title: 4. CONCLUSIONThe use of languages in Kosovo consists one of many rights that Constitution of Kosovo guarantees to minorities and even if the most of the time it overcomes the default level of rights according to National rights. This kind of level of standardization of these rights, often has stimulated debate about it, if human rights and freedoms are connected with ethnic groups, or national etc. or according the civic concept of state rule of Kosovo, the extension of these rights it has to be through the supranational concept that it means to obstruct the risk, that it causes ethnic separation with the territory of Kosovo. For example, the minority languages which in local level they don’t have adequate representation. As practical examples are municipalities of Kosovo where the present of Serbian minority is almost 0%, and other minorities have considerable percentage and the Serbian languages use in local level is almost unnecessary. In a lot universities in Kosovo, Serbian language is not taught as long as documents are issued in this language as well. 5. RECOMANDATIONSIn local level, as official languages will be only those languages where minorities live and use this language. · In northern municipalities of Kosovo (In cooperation with international mechanism) to be put into official use, same as languages that are in municipality that has a lot of Albanians, and · In primary and secondary schools where minorities teach, alongside their education in the mother tongue in the capacity of the non-native language as official language of majority to be taught the Albanian language and · Official documents certifications school and University diplomas etc. to be released in the language of the students or the student that belong to ethnic minorities group. SOURCES OF FUNDINGThis research received no specific grant from any funding agency in the public, commercial, or not-for-profit sectors. CONFLICT OF INTERESTThe author have declared that no competing interests exist. ACKNOWLEDGMENTNone. REFERENCES [1] European Card for regional and
Minority Languages, article 1 [2] The universal statement for human
rights article-1 [3] Convent for civil and political
rights [4] The statement of UN for the rights
of Persons that belong to National or Ethnic Minorities, religious and
linguistic [5] The document of Copenhagen [6] Constitution of Kosovo, articles
5-6 [7] Administrative guidance,2007/06 [8] Administrative guidance nr.2011/02 [9] The law for languages use
nr.02/L-37, articles 12-18,19-24,27 and 28-30 [10]
Language
policies in Kosovo, implementation in public relations September,2011 [11]
Law
against Discrimination nr.2004/3 article 4 [12]
Qemail Kurtishi against
Municipal Assembly in Prizren, the Judgement of the
Constitutional Court, March 18 2010, paragraph 54-56, case number. Ko 01/09, nr.ref.AGJ 07/10 [13]
The
plan for equality improvement of languages use in communes Istog,
USAID 2016, page 2-6 [14]
FDH
the implementation of law against discrimination and the law for languages use
in public enterprises in Kosovo, Pristina 2007 [15]
UNO,the Monitoring Department Implementation of law
for using languages in the municipalities of Kosovo,Prishtina,2008 [16]
Regulation
for the office of the language Commissioner nr.077/12, article 3, par.2 [17]
ECMI
Kosovo report, towards linguistic quality of Kosovo legislation in Albanian and
Serbian language –A step towards filling the gaps in language law enforcement,
Pristina, October 2018,page 10-14 [18]
Thematic
commentary nr.3 of the Convention’s Advisory Committee, accorded for the
protection of minorities that is connected with linguistic rights of the
persons that belong to national minorities, point 2.2-part 35, Strasbourg July
5,2012, approved in May 24,2012 page 13. [1] European card for Regional and
minorities language, article 1 [2] Right there article 2 [3] Right there article 7 [4] Right there article 8,9,10,11 [5] Universal statement for human
rights, article 1 [6] Civil Conventions for Civil and
Political Rights, article 27 [7] The UNO statement for
individual rights that belong to national or ethnic, religious and linguistic
minorities [8] The Copenhagen Document
paragraph 32.2 [9] As there, articles,5-21 [10] Constitution of Kosovo,
articles 5-6 [11] Administrative guidance,2007\06 [12] Administrative guidance number
2011\02 [13] The law for languages use
number 02\L-37, articles,12-18,19-24,27 and 28-30 [14] The polities of Kosovo
languages, implementation in public relations, September,2011 [15] Law against Discrimination nr
2004/3, article 4 [16] Qemajl Kurtishi against Prizren municipal Assembly, the judgment of the Constitutional Court March 18,2010,paragraph 54-56 case number, Ko 01/09,nr.ref.verdict 07/10 [17] The action plan for improving
the quality of language use in municipalities Istog,
USAID,2016 page 2-6 [18] FHR law enforcement against
discrimination, and the law on the use of languages in public enterprises in
Kosovo, Prishtina 2007 [19] OSCE, monitoring department,
implementation of the law on the use of language through the Kosovo’s
Municipalities, Prishtina,2008 [20] Regulation for the office of
the language commissioner, nr.07/12, article 3,paragraph 2 [21] Article 16 paragraph 1 [22] Article 17 [23] ERAC includes together (7) NGO
that works in the field of rule of law and fundamental rights, that works
together with 19 NGO, by focusing on establishing a sustainable NGO network,
that are active in protecting and promotion of the fundamental rights of
vulnerable or marginalized groups. The project specificity are non-majority
communities women, youths, and the LGBT community. [24] The Report of ECMI, Kosovo,
towards linguistic quality of legislation of Kosovo in Albanian and Serbian
language. [25] Page 16-17 [26] Thematic commentary nr.3 of the
Convention Advisory Committee accorded for protection of minorities that is
about the languages rights of the persons who belong to national minorities,
point 2.2, part 35, Strasbourg 5july 2012, approved in May 24th,2012
page 13
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