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Kosovo's Albanian Minority Argues Draft Constitution Infringes Their Religious Rights

By Howard Friedman

An analysis published yesterday by the New Kosova Report argues that the recently released Draft Constitution of the Republic of Kosovo denies freedom of religion and belief to Kosovo's Albanian minority. While Article 58 provides that "the Republic of Kosovo shall promote the preservation of the cultural and religious heritage of all communities," the report argues that "any Albanian wishing to worship as Orthodox will be forced to define themself as Serb." It reaches this conclusion because Article 143 of the Draft Constitution provides: "The Constitution of the Republic of Kosovo shall be interpreted in compliance with the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007. If there are contradictions between the provisions of this Constitution and the provisions of the status settlement, the latter shall prevail." The referenced Comprehensive Proposal (full text), also known as the Ahtisaari Plan, defines the Orthodox Church in Kosovo as the Serbian Orthodox Church. (Annex V).

Full post as published by Religion Clause on February 29, 2008 (boomark / email).