Unintended consequences of state-building and the management of diversity in post-conflict Kosovo

This paper examines the adoption of a multiethnic liberal-democratic model of governance in post-independence Kosovo and the dual task of state-building to secure unity and manage diversity. This article explains why in post-conflict and post-independence Kosovo, its domestic sovereignty and legitimization have become conditioned by the integration, accommodation, and protection of its minorities. While the existing literature has mainly focused on the shortcomings deriving from the exogenous character of state-building in Kosovo, this paper aims to challenge and complement this view by drawing on the “state-in-society” approach developed by Joel Migdal, which highlights that the actual states have less coherence than their theoretical counterparts. Analysis of post-independence Kosovo reveals the legislation-implementation gap and the unintended consequences arising under the impact of endogenous factors. Overall, this article shows that multiethnic state-building in Kosovo has been crucially transformed and “limited” by local idiosyncrasies.     

The politics of recognition of Crimean Tatar collective rights in the post-Soviet period: With special attention to the Russian annexation of Crimea

This paper examines the process of how Crimean Tatars strived to attain group-differentiated rights since they have returned to their homeland in the early 1990s. Whereas the politics of minority rights were viewed through security lens in earlier literature, we emphasize the significance of cultural constructs in influencing the minority policies, based on qualitative content analysis of “speech acts” of elites, and movement and policy documents. Focusing on the interaction of the framing processes of Crimean Tatars with the Crimean regional government, Ukraine, and Russia, we argue that the “neo-Stalinist frame” has played a major role in denying the rights of Crimean Tatars for self-determination and preservation of their ethnic identity in both pre and post annexation Crimea. The Crimean Tatars counter-framed against neo-Stalinist frame both in the pre and post-annexation period by demanding their rights as “indigenous people”. Ukraine experienced a frame transformation after the Euromaidan protests, by shifting from a neo-Stalinist frame into a “multiculturalist frame”, which became evident in recognition of the Crimean Tatar status as indigenous people of Crimea.     

Representing minorities in the city. Education policies and minority incorporation in the capital cities of Estonia and Latvia

This article explores the relationship between minority city-level and state-level political representations through the analysis of the contested implementation of state education policies in Tallinn and Riga. Referring to the US debate on this issue, the article asks what role minority incorporation into city-level power structures can play for its substantive representation. The comparison between Tallinn and Riga reveals two potential answers to this question. The case of Riga illustrates how city-level representation can be an alternative representative channel through which the minority can put pressure on state government and magnify its political voice within the country's democratic space. On the contrary, the case of Tallinn illustrates how a municipality can be an alternative locus of representation, which does not guarantee minority empowerment but rather entraps the minority at the local level within the implicit understanding that the minority (or at least the parties that get the minority vote) can “have its share” locally, but it cannot hope to influence state policies. The comparison between the two cases reveals different levels of legitimacy of the minority's voice in the democratic debate of Estonia and Latvia, and shows the risks and opportunities linked to the two models of minority city-level incorporation.     

Resisting an Oppressive Regime: The Case of Kosovo Liberation Army

Although no war faction escapes controversy, it is often said that the Kosovo Liberation Army (KLA) is one of the most successful guerrilla movements in recent history. This article suggests that KLA's success can be attributed to the symbiosis between national and international legitimacy. The guerrilla's mission should be understood in the context of persistent oppression of the Kosovo Albanians by Serbian governments. Whilst failure of peaceful resistance enabled KLA's national legitimation, its tactics and strategy acted as a force multiplier for its recognition and success. KLA's resilience in the face of vicious Serbian suppression of Kosovo Albanians raised international awareness and prompted NATO's support, an act that contributed to guerrillas’ endorsement at the international level.     

Can elite corruption be a legitimate Machiavellian tool in an unruly world? The case of post-conflict Cambodia

Elite corruption may have a significant role in ending conflicts and shaping post-conflict development. This article enquires into the legitimacy accorded to such corruption. It reviews literature on post-conflict Cambodia, seeking evidence that academic commentaries, public opinion or elites themselves regard elite corruption as a legitimate Machiavellian tool for achieving other ends. Corruption has been an element of the style of government adopted by the dominant party in Cambodia, shaping both the achievement of peace and the uneven economic development that followed. Academic commentaries provide some implicit and explicit legitimation of corruption as a means to secure peace and to resist neoliberal policy settings by affording government discretionary resources and power. Meanwhile, public dissatisfaction with elite corruption appears to the most likely source of renewed violent conflict in Cambodia. How elite actors rationalise and legitimise corrupt behaviour remains poorly understood, and is deserving of more attention.     

Language territorial regimes in multilingual ethnic territorial autonomies

Ethnic territorial autonomy (ETA) is an institutional way to ensure simultaneously the integrity of the state and the rights of ethnic minorities through preferential policies in certain ethnically sensitive spheres. Language preferential policies differ greatly across multilingual ETAs and can be analyzed through the concept of “language territorial regime” (LTR). In this paper, we examine LTRs along two dimensions: (1) the scope of state regulation of language use and (2) the way language rights are perceived and used. The first considers the depth and universality of state regulation of language use – “strong” or “weak.” The second concerns whether the community’s approach to language rights is symbolic or pragmatic. The combination of these two dimensions allows the categorization of LTRs into four main classes: “strong parting-regime,” “strong pooling-regime,” “weak pooling-regime,” and “weak parting-regime.” A comparison of South Tyrol, Vojvodina, and Wales allows conceptualizing LTR as a system of de jure institutional arrangements of linguistic issues and practice of self-organization and perpetuation of multilingual communities.     

Minorities and marginality: pertinacity of Hindus and Sikhs in a repressive environment in Afghanistan

The situation of Hindus and Sikhs as a persecuted minority is a little-studied topic in literature dealing with ethno-sectarian conflict in Afghanistan. Hindu and Sikh communities' history and role in Afghanistan's development are examined through a structural, political, socioeconomic, and perceptual analysis of the minority populations since the country gained its independence in 1919. It traces a timeline of their evolving status after the breakdown of state structure and the ensuing civil conflicts and targeted persecution in the 1990s that led to their mass exodus out of the country. A combination of structural failure and rising Islamic fundamentalist ideology in the post-Soviet era led to a war of ethnic cleansing as fundamentalists suffered a crisis of legitimation and resorted to violence as a means to establish their authority. Hindus and Sikhs found themselves in an uphill battle to preserve their culture and religious traditions in a hostile political environment in the post-Taliban period. The international community and Kabul failed in their moral obligation to protect and defend the rights of minorities and oppressed communities.     

Comparing China’s frontier politics: how much difference did a century make?

In response to foreign demands for concessions and territories, China’s last imperial court in the early twentieth century executed reforms to strengthen fiscal, personnel, military, and cultural control over its frontier regions. However, in so doing, it provoked an awakening of the national consciousness of the elites of non-Han ethnic minorities there. Much has changed over the past 100 years regarding the governance of China’s frontier territories of Inner Mongolia, Tibet, and Xinjiang, with the diffusion of nationalist claims among increasing numbers of the ethnic minority populace, heightened focus of foreign actors on the humanitarian and rights situations of the ethnic minorities, and greatly extended reach and firmer grip of the central government. What remained unaltered is the “state integration” purpose of Chinese regimes, as manifested in the practices of “internal colonialism” or “ethnic assimilation,” which has led to grievances and resistance by China’s ethnic minorities against the Chinese state.     

Mission impossible in Cyprus? Legitimate return to the partnership state revisited

Cyprus has been divided for far longer than it has been united. There have been many attempts to reconcile conflicting parties but without remarkable success. The two communities – Greek Cypriots and Turkish Cypriots – see the solution to the “Cyprus problem” in opposite terms. Although recent public opinion surveys have concluded that the most preferred option for the Turkish Cypriots would be “independence of the TRNC” and “reunification of the country”, for the Greek Cypriots, there is much less information about the legitimacy of these competing regimes and their respective claims. This paper seeks to fill this gap by identifying different legitimacy sources and their effect on the course of conflict settlement. Somewhat paradoxically it appears that those most strongly identifying themselves with the Republic of Cyprus, and approving the regime legitimacy of the Greek Cypriot government, are actually for status quo and not for the reunification of the country which makes the return to the partnership state mission impossible.     

Book reviews

Paulin Kola, The Search for Greater Albania (London: Hurst, 2003), xiv, 416 pp. + maps. Few are the monographs available in English and written by Albanian scholars that deal with the contemporary history of the Balkans. The Search for Greater Albania is therefore a welcome contribution to the study of Albanian nationalism. The author endorses a definition of nationalism as an ideology “whose proponents advocate the indispensable congruence of the political and the national unit, i.e. the state and the nation” (p. xii) and endeavors to demonstrate that no one among Albanian leaders from King Zog to the present, including Hoxha, ever worked to achieve a “Greater Albania.” The intent of the book is then to explain why state-builders in Tirana from the very beginning disregarded their irredenta despite the fact that a substantial part of the ethnic population had remained outside the borders because of international treaties. After a summary of the historical developments in the first part of the twentieth century, Kola pays particular attention to the space for ethnopolitics among Albanian communist and post-communist elites in Albania proper, in Kosovo and marginally in Macedonia. The author is keen to question the nationalist credentials attributed to Enver Hoxha by most scholars of Albania. Kola describes the key historical events in the region after the Second World War by looking for references to Kosovo and the preservation of national independence and shows that these references were all just instrumental to elites' power politics. What the communist regime instead managed to do, observes Kola, is to impoverish its own citizens and to alienate Albanian communities from one another. Kola concludes that political leaders in Tirana have all been prone to “a comfortable parochialism vis-à-vis the national question“ (p. 233). Exceptions to the rule are considered, such as the attempt to internationalize the Kosovo crisis by the first post-communist governments. However, the 1997 descent into anarchy of Albania proper compromised the cause of nationalism in the “motherland.” The idea of “Greater Albania,” according to Kola, never existed in Albania proper but was rather rooted outside the nation-state borders. In Kosovo, where “real Albanian nationalism” instead resided, the discovery of the poverty of the “motherland” in the 1990s toned ambitions down (p. 394). The same Macedonian Albanians did not expect help from Tirana when they initiated the armed confrontation in 2000 and did not show any intention to seek national unification with Tirana. Therefore, Kola observes, foreign observers should be reassured that national unification is not the ambition of Albanian politics today and no one will press for it in the foreseeable future.     

The relevance of legitimation – a new framework for analysis

ABSTRACT

The legitimacy of political orders is an important reference point in political analysis, but the concept is difficult to operationalize and measure – particularly in those countries where legitimacy is critical, i.e. cases of political transformation, non-democratic rule and high state fragility. To be successful, legitimation (the process by which legitimacy is procured) has to fulfil two functions: relate demands for legitimation to government performance (the ‘demand cycle’), and relate legitimacy claims issued by the rulers to behavioural patterns of the ruled (the ‘supply cycle’). Looking at the recent academic debate, the article finds that empirical research has largely ignored the demand cycle, while attempts to explore the relationships underlying the supply cycle tend to suffer from misconceptions of basic terms. The article proposes a framework for empirical enquiry that addresses both shortcomings.     

The Notion of Kosovo as a Precedent and the Impact of the Hungarian Minority Issue on Slovakia's Policy towards Kosovo's Independence

This essay examines the importance of the Hungarian minority issue and the role of precedent in Slovakia's policy towards Kosovo. It shows that the Slovak view was not only a product of its issues with the Hungarian minority but also a response both to the activities of representatives of Hungary and of the ethnic Hungarian party in Slovakia, the SMK. On the basis of Brubaker's concept of ‘triadic nexus’ it explains relations between Slovakia and Hungary based on the minority issue. It also highlights the role of collective rights as presented in the Ahtisaari plan in 2007 and their perception by Slovak officials.     

Kosovo's Gordian knot: the contested north and the search for a solution

Until 1999, Kosovo was a little-known province of Serbia. NATO's intervention, however, changed this. Suddenly, everyone was talking about Kosovo and the plight of the Kosovo Albanians. Today, Kosovo is no longer a major talking point; few authors are now writing about post-independence Kosovo and the many challenges that confront the young state. Particularly striking is the relative absence of scholarly writings that discuss the Gordian knot of northern Kosovo. Seeking to rectify this neglect, this article has three core aims: to provide new empirical insights into the situation on the ground in northern Kosovo, to explore Serb and Albanian viewpoints regarding the status of the north (and in particular to examine Serb fears and concerns) and to discuss possible solutions. It argues that granting the north a special, autonomous status within Kosovo is the ultimate way to resolve the “northern problem,” and indeed this now seems the most likely solution following the recent conclusion of the First Agreement on Principles Governing the Normalization of Relations. This research is based on five weeks of fieldwork in Kosovo in July and August 2012. During this time, the author conducted 56 semi-structured interviews, 29 of which took place in northern Kosovo.     

Empirical legitimation analysis in International Relations: how to learn from the insights – and avoid the mistakes – of research in EU studies

ABSTRACT

The political legitimation (or de-legitimation) of the European Union (EU) has been the object of much empirical research. This paper argues that this research holds lessons that can inform debates about the legitimation of global governance more generally. After some conceptual clarifications, the paper presents a critical review of the literature on the EU’s legitimation, focusing on six crucial aspects – (1) the emergence and change of legitimation debates; (2) the arenas where legitimation occurs; (3) the role of the state as a reference point in legitimacy assessments; (4) the difference between various objects of legitimation; (5) the actors that trigger legitimation change; as well as (6) the relationship between legitimation and polity development. In each of these respects, the paper identifies important insights that can be gained from EU Studies, but also conceptual and methodological weaknesses in the EU-related literature that researchers working on other aspects of global governance should avoid. The paper closes by formulating a set of general desiderata for empirical legitimation research in International Relations.     

Welfare as Warfare: How Violent Non-State Groups Use Social Services to Attack the State

Several violent non-state groups also administer social services. Although earlier works stress the effects of social service provision on support and sympathy for violent groups, this article emphasizes a broader challenge. Namely, social welfare organizations threaten to rob the state of the legitimacy it derives through the social contract. Abolishing these organizations can cause humanitarian crises, radicalize populations, and erode domestic and international policy support. Ignoring them invites the continued erosion of state power. The way out of this dilemma is through a strategy of “displacement,” whereby the state eradicates non-state social services while concurrently extending its own welfare capacity.     

The Consociational System of Democracy in Kosovo: Questioning Ethnic Minorities' Special Status in Kosovo's Constitutional Regime

This article examines the constitutional position of ethnic minorities in Kosovo, the individual features, and the key protection mechanisms applied therein. At the outset, the article provides a general introduction to the topic, illustrating the character of Kosovo's state model. Subsequently, it builds upon the view that Kosovo was shaped under an international supervision, which aimed to establish a state freed from mono-ethnicity, which is regarded as both multi-ethnic and a state of citizens. The article proceeds to explain the institutional mechanisms established with the objective to protect and uphold the ethnic minorities’ position at both central and local levels. Furthermore, it discusses the affirmative human rights law standards granted to ethnic minorities—both at personal and collective levels. The article concludes by suggesting that the constitution of Kosovo provides for a broad degree of self-rule to ethnic minorities, which, in turn, provides them with the capacity to enjoy a rather constitutive position as regards the essential components of the polity.     

The Limits of the German Minority Project in Post-communist Poland: Scale,Space and Democratic Deliberation

This paper explores the development of the German minority community in postcommunist Poland, focusing specifically upon the Opole Silesia voivodship. I argue that the minority's successful engagement within democratic fora at all spatial scales allowed the minority to voice its concerns and secure funds to develop its community infrastructure. However, as the 1990s progressed, the minority's ability to manipulate a politics of scale declined as the policy objectives of key allies were achieved or reformulated. Furthermore, the changing contours of the minority–majority relationship within Poland have exposed significant cleavages within the minority, bringing into question the continued relevance of the German minority political party for the constituency it claims to represent. Introduction The emergence in Europe of a new minority rights regime, adhered to by Poland as part of its desire to “return to Europe” and join the European Union, has created a legislative framework that aims to ensure that members of national minority populations can enjoy substantively the same rights as the majority. The most significant legislation in this area is the Council of Europe's Framework Convention for the Protection of National Minorities (1995), ratified by Poland in December 2000. The “guarantees” of this new regime, in order to be substantiated, require minorities to be able to mobilise sufficient political capital in order to have their rights (social, cultural, economic) taken into account, both within and without democratic fora. In Poland the most successful minority has been the German minority, which, during the late 1980s and early 1990s, was able to forge up-scale links with powerful allies such as the German government, the Union of Expellees and the Association of Compatriots. As the 1990s unfolded, these links weakened, in part because of the substantial progress made by the minority in gaining the recognition they had been aiming for, but also owing to the changing policies of allies as their own goals were achieved or reformulated.     

How do interest groups legitimate their policy advocacy? Reconsidering linkage and internal democracy in times of digital disruption

The ongoing embrace of interest groups as agents capable of addressing democratic deficits in governing institutions is in large part because they are assumed to contribute democratic legitimacy to policy processes. Nonetheless, they face the challenge of legitimating their policy advocacy in democratic terms, clarifying what makes them legitimate partners in governance. In this article we suggest that digital innovations have disrupted the established mechanisms of legitimation. While the impact of this disruption is most easily demonstrated in the rise of a small number of ‘digital natives’, we argue that the most substantive impact has been on more conventional groups, which typically follow legitimation logics of either representation or solidarity. While several legacy groups are experimenting with new legitimation approaches, the opportunities provided by technology seem to offer more organizational benefits to groups employing the logic of solidarity, and appear less compatible with the more traditional logic of representation.     

The ethnic and non-ethnic politics of everyday life in Bulgaria's southern borderland

Ethnicity is found in real-world contexts where non-ethnic forms of identification are available. This conclusion is drawn from an empirical study carried out in the multiethnic town of Kurdzhali in Southern Bulgaria, where members of the Bulgarian majority live alongside the Turkish minority. Drawing on the “everyday nationhood” agenda that aims to provide a methodological toolkit for the study of ethnicity/nationhood without overpredicting its importance, the study involved the collection of survey, interview, and ethnographic data. Against the expectations of some experienced scholars of the Central and Eastern Europe region, ethnic identity was found to be more salient for the majority Bulgarians than for the minority Turks. However, the ethnographic data revealed the importance of a rural–urban cleavage that was not predicted by the research design. On the basis of this finding, I argue that the “everyday nationhood” approach could be improved by including a complementary focus on non-ethnic attachments that have been emphasized by scholarship or journalism relevant to the given context. Rather than assuming the centrality of ethnicity, such an “everyday identifications” approach would start from the assumption that ethnic narratives of identity always have to compete with non-ethnic ones.     

Ending the impasse in Kosovo: partition,decentralization, or consociationalism?

This paper argues that current Western-backed approaches to conflict resolution in Kosovo have failed to alter Serbia's policy toward the region and have contributed to the exacerbation of political tensions between Belgrade and Brussels, while deepening ethnic cleavages between Serb and Albanian communities. While there is no possibility of Kosovo returning to Serbia's control, there is an equal unlikelihood that Serbian-populated regions of Kosovo, especially the north, will submit to Pristina's authority. Most importantly, there is little hope that Kosovo can gain full international recognition and membership in international organizations without a compromise settlement with Serbia. While territorial partition has long been a suggested option, I conclude that the best possible solution for Kosovo, given the positions of all parties involved, is a process of significant decentralization beyond the internationally supported measures in the Ahtisaari Plan. A model of consociational power sharing is one in which Serbian and Albanian municipalities are granted high levels of autonomy similar to arrangements made for Bosnia. While this solution may not be ideal and further weakens central authority, I argue that consociationalism reduces the problems of ethnic conflict, encourages local self-government, and preserves the overall territorial integrity of Kosovo.