EU, EULEX and Quint countries send letter to Kosovo authorities: Use of flags and symbols is a constitutional right of communities

The European Union, the Quint countries and EULEX have sent a letter to the authorities in Pristina reminding them that the use of community symbols and flags in Kosovo is a right protected by the constitutional and legal framework and calling for its consistent and non-discriminatory implementation.

As Kosovo Online has learned, the letter, signed by the Acting Head of the European Union Office in Kosovo, Eva Palatova, the ambassadors of France, Germany, Italy and the United Kingdom, the Chargé d’Affaires of the United States Embassy, and the Head of the EULEX Mission, states that the constitutional and legal framework protects the right of all communities to preserve, express and develop their identity, including through the use and display of symbols and flags.

The EU, EULEX and the Quint countries emphasize that the use of symbols, including national flags and community flags, is a protected right, and that the authorities in Pristina are obliged not only to refrain from unjustified interference, but also to ensure the conditions necessary for its equal enjoyment.

They further note that the legal framework has not yet been fully completed, as the necessary implementing bylaws have still not been adopted. While this shortcoming does not call existing rights into question, they assess that it creates legal uncertainty and increases the risk of inconsistent or discriminatory application in practice.

They also call on the institutions in Pristina to prioritize the adoption of the necessary implementing legislation in order to clarify the application of the existing legal framework, ensure legal certainty, and establish a consistent practice throughout the territory.

The letter further states that the drafting of these acts should be carried out in close consultation with minority communities and in coordination with international partners.

The EU, the Quint countries and EULEX stress that all issues relating to the use of community symbols and flags, including the marking of holidays and commemorative events, should be addressed in accordance with the applicable constitutional and legal framework, while respecting the principles of consistency, proportionality and non-discrimination.

The letter was addressed to Acting Minister of Local Government Administration Elbert Krasniqi, Acting Minister of Internal Affairs Xhelal Sveçla, Kosovo Police Director Gazmend Hoxha, as well as the mayors of all 38 municipalities in Kosovo.

Let us recall that last year the Basic Court in Pristina assessed the decision of the Municipality of Gracanica to mark and celebrate Vidovdan with the use of Serbian symbols and flags as an “exceeding of the powers established by law.”

According to the court’s interpretation, such a decision “seriously undermines the unitary and constitutional character of Kosovo” and “seriously threatens public order and interethnic coexistence and may cause interethnic tensions.”

According to analysts, this court decision has a political undertone, and as they pointed out, the question arises as to why such a ban has so far not been applied to the flag of Albania.

Flags have always been the first target whenever a people comes under pressure, Kosovo Online’s interlocutors emphasized, speaking about why there is no place even on flagpoles for the symbols of the Serbian community that has lived in Kosovo for centuries.

During the commemoration of the Battle of Kosovo at Gazimestan on June 28, Kosovo Police have for years been conducting detailed searches at the entrance to the complex and have not allowed Serbian flags or T-shirts with Serbian symbols to be brought in.

Last year, 15 people were detained at Gazimestan for displaying symbols and “singing nationalist songs.”