Kosovo: A Silent European Consensus
| Author | Andrej Semenov |
| DOI | 10.1177/0020881720962939 |
| Published date | 01 October 2020 |
| Date | 01 October 2020 |
Research article
Kosovo: A Silent
European Consensus
Andrej Semenov1
Abstract
The present tensions in Belgrade–Pristina relations highlight the relevance of a
consensus regarding the question of Kosovo. This article argues that the cyclical
nature of Kosovo’s history has been muted by the thesis ‘Kosovo is a unique case’
which through unilateral decisions produced various legal schizophrenias. These
legal schizophrenias embodied in a power triangle—Ahtisaari Plan–European
Union Rule of Law Mission in Kosovo (EULEX)–Kosovo’s Constitution. Despite
gaps and inherited chaos, the indisputable achievements of the EU’s efforts
in normalizing relations between Belgrade and Pristina show that the EU not
only can facilitate peace but also possesses the capacity to achieve a consensus.
Already there is a ‘silent’ consensus among actors on the status of Kosovo—the
European protectorate. The article also discusses institutional design based on
the consensus, which aims to promote shared narratives.
Keywords
Consensus, consociationalism, Kosovo, European Union
Introduction
In his locus classicus ‘Considerations on Representative Government’, Mill
(1972, p. 361) puts forward the claim that ‘free institutions are next to impossible
in a country made up of different nations’; if he is right, then we stand no chance.
Indeed, numerous countries have multinational structures, and many of them
experience irrational rivalries often manifested in conflicts. However, there are
also plenty of examples where different nationalities live in prosperous peace.
Why do they differ? One line of reasoning is the argument of ‘ancient hatred’.
1 Institute of Political Studies, Charles University, Prague, Czech Republic.
Corresponding author:
Andrej Semenov, Institute of Political Studies, Charles University, Prague 5, U Kříže 8, Czech
Republic.
E-mail: andrej.semenov@fsv.cuni.cz
International Studies
57(4) 375–390, 2020
2020 Jawaharlal Nehru University
Reprints and permissions:
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DOI: 10.1177/0020881720962939
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376 International Studies 57(4)
Proponents of the primordial approach believe that ethnic identity is fixed once
constructed; thus, ethnic tensions are an unalterable feature of human nature
(Geertz, 1973, p. 259). As a rebuttal to this point, constructivists take sub-Saharan
Africa and the immigrants in the New World as examples to demonstrate the
fluidity of ethnic identities (Brubaker, 2001; Lustick, 2001). They also object that
the primordial assumptions of fixed nature make ethnicity unsociological and
unanalysable (Eller & Coughlan, 1993). In other words, constructivism suggests
that ethnicity is socially constructed; therefore, ethnic identity can change, and
ethnic boundaries can be redefined. The case of Kosovo shows that ethnic conflicts
are fixed at least in the short term (Chandra & Wilkinson, 2008) or how Michaela
Strapacova puts it ‘primordial thinking may be considered obsolete in the
academic world, but the primordial narrative still holds power with many people’
(Strapacova, 2016, p. 59). However, the second line of reasoning states that the
difference between prosperous and failed multi-ethnic societies is the design of
institutions:
electoral systems, under certain circumstances, will provide rational political actors
with incentives towards cooperation, moderation and accommodation between
themselves and their rivals, while others will lead logically to hostile, uncooperative
and non-accommodative behaviour if individuals act rationally. (Reilly, 2001, p. 6)
Even though electoral systems and institutional design can transform ethnicity,
they cannot be seen as a panacea for Kosovo. Kosovo’s ethnic division has been
sustained through collective memory and education for more than 100 years;
however, if we understand ethnic conflicts in the light of social construct—a
proper electoral system not only can accommodate the issue but also can help
reach a consensus. Combining the approaches (the conflict is to some extend
fixed, but yet alterable in the long run), this article operates under three
assumptions: (a) ethnic hatred is socially imagined; therefore, (b) within certain
political environment and under certain electoral systems, ethnic conflicts can be
facilitated; however, (c) even though it is a social construct, the primordial
narrative is a powerful tool that fuels hatred between ethnic groups.
Since the immediate focus of the article is the probation of the current electoral
system of Kosovo and examination of possible alterations, it is important to first
remind ourselves of the context of the Kosovo conflict, and next, explore the
background behind the European Union (EU) involvement in Kosovo and follow
its success story from being a mere victim of American and Russian foreign
policies to becoming a true Messiah for both ethnic groups. Parallel with this
story, the article scrutinizes legal schizophrenias evolved as a consequence of
unilateral decisions and asserts that at the essence of Kosovo’s institutional design
lies the idea of the consociational democracy. This claim is grounded on the
survey of the Constitution against the theory of consociationalism. It also tests the
result of this institutional arrangement in reality. Delving deep into the matter, the
article submits that the EU successfully reached a consensus that involves
Kosovo’s government, Serbia’s government and Kosovo Serbs, and finally, it
discusses options of institutional design based on the consensus.
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