Consensual State-Building in Kosovo: Between Sovereignty and Minority Rights (original) (raw)

2018, “Towards a Better Future: The Rule of Law, Democracy and Polycentric Development” Conference proceedings, 11-12 May, 2018

The primary purpose of this research is to examine how consensus-based state building in Kosovo has shaped the establishment and development of multi-ethnic institutions and inter-ethnic relations since Kosovo's declaration of independence in 2008. Specifically, this research will explain the delicate balance between state sovereignty and minority rights in Kosovo at the national and local level. The methodology used is qualitative, including desk research of existing national legislation, literature review—both national and international—and previously published analytical reports dealing with minority rights and state building in Kosovo. Overall, results generally demonstrate that there is a balance between state sovereignty and minority rights in Kosovo, which comes because of still-unresolved territorial disputes with Serbia and the still-limited ability of the Kosovar state to balance the two as it seeks to join the European Union. The main conclusions drawn from the research are that, while it is possible to both build a state and enact laws and establish institutions that empower and protect minorities; this endeavor represents a daunting task and is, to some degree, dependent on the social and political context of the country. There is no ready-set formula or a blueprint for consensual state building and in order to be successful and workable, any institutional make-up must reflect the desire of the state to protect its minorities while also not jeopardizing and restraining the ability of the state to function as a socio-political entity. Finally, this paper argues that Kosovo's institutional framework for the protection of minorities has demonstrated surprising resilience in the face of increasing pressures by a variety of factors whose aim is to strengthen state sovereignty in the face of increasing integration in European and global political and economic developments.