Religious Freedom in Kosovo: Prenatal Care to a New Nation

(ProQuest: ... denotes formulae omitted.) (ProQuest: ... denotes non-USASCII text omitted.) I. INTRODUCTION As a nation of uncertain status, Kosovo faces many singular challenges unique to an emerging nation. Serbia claims it as a part of territorial Serbian lands, yet the local Albanian population claims that the region is independent and has passed its own official declaration of independence. Other countries of the world are divided on whether to accept Kosovo as independent, or to regard it as a Serbian territory or a UN protectorate. In the wake of hostilities in the late twentieth and early twentyfirst centuries, the United Nations attempted a compromise on the issue of independence, which still remains in force; it established a provisional self-government in Kosovo and implemented strict standards that the province must meet before independence can be considered. While other republics of the former Yugoslavia have successfully seceded from their former union, either through bloody civil war (as in the case of Croatia and Bosnia-Herzegovina) or through peaceful democratic vote (as in the recent case of Montenegro), Kosovo only recently declared its independence from Serbia. Since Kosovo's unilateral February 17, 2008 declaration of independence is of uncertain legality, the region remains stuck in the political and bureaucratic quagmire of the United Nations. This is not to say that Kosovo has no independence at all-much the contrary. Under the United Nations' guidance, Kosovo has developed a constitution and a government, held elections, and has begun regulating its own internal affairs. While frustrating politically, the UN guidance has helped Kosovo develop into one of the most human-rights-friendly "nations" of the world. It is supremely ironic that a small region that was the site of some of the worst humanitarian disasters in recent history now has a constitution and laws in place that ensure some of the most sweeping protections of human rights and fundamental freedoms that exist in the world today. Kosovo's protection of reugious freedoms is of particular interest. In theory, Kosovo's current legal structure makes it one of the most inviting religious climates in the world. The Kosovar Constitution and, in particular, the 2006 Law on Religious Freedom offer more protection and freedom than is found in any other Balkan nation-arguably more than in most Western nations. However, there are certain problems with the Religious Freedom Law which make the issue of religious freedom in Kosovo a troubling one. Furthermore, the uncertain status of Kosovo makes the future of religious freedom within Kosovo an unanswered question. Kosovo's unique track toward independence has allowed the world to watch the nation's development before independence is officially recognized. As such, the country's religious freedom provisions can be assessed and changed before problems develop. In many ways, this is similar to the prenatal care given to a fetus during the stages of its development: up until now, there has been an opportunity to monitor Kosovo's development and take measures to ensure a healthy birth. The aggressive steps Kosovo has taken in moving toward independence show that the birthing process has begun and the fruits of the prenatal care are likely to be apparent soon. This Comment will discuss the issue of Kosovar religious freedom. First, it will present a brief history of Kosovo. Part II will examine the religious freedom provisions of the Kosovar Constitution. Part III will discuss and compare the religious law with the provisions of the constitution and other international obligations of Kosovo; the law's strengths and weaknesses will also be discussed. This Comment will conclude by examining the religious liberty provisions of neighboring Balkan countries in an attempt to show Balkan trends and to predict the future of religious freedom in Kosovo. A. …