Protection of cultural heritage in Kosovo and Metohija

The author analyses the significance of the rich cultural heritage in Kosovo and Metohija as well as the consequences of its destruction and ruining. Along with this, she takes into consideration the international standards of protection of the cultural heritage in the world. Development of these standards is manifested in increasingly broad implementation of the existing and adoption of new international conventions whose goal is to protect as comprehensively as possible the cultural heritage of the mankind. The author gives a survey of the most important conventions adopted by the UNESCO and the Council of Europe, pointing to the significance of implementation of the Hague Convention and its 1999 Second Protocol introducing the international criminal responsibility for the persons who violate or order violations of the protected cultural property. The paper presents historical, esthetical archaeological, ethnological, scientific and some other values of the cultural heritage in Kosovo. By its characteristics, these values speak of the presence of various religions and civilisations here, while the value of the cultural property in Kosovo and Metohija is far from being merely local and regional. This fully applies to the significance of the cultural monuments of the Serbs. Since Kosovo is under a special international protectorate, UNMIK is also in charge of the preservation of the cultural heritage, what is in accordance with the Resolution 1244 of the Security Council. Also the Joint Document of UNMIK and FRY (November 2001), the chapter on protection of the cultural property confirms the willingness to implement the relevant provisions of the Hague Convention (1954) on protection of the monuments of culture and cultural property. Apart from this, the author points out that the Constitutional Framework for Provisional Self-Government in Kosovo (May 2001) provides for the obligation of the Provisional Institutions of Kosovo to create conditions in order to enable the communities to preserve, protect and develop their identities also pointing to the their duty to work on promotion and preservation of the cultural heritage of all communities with no discrimination. However, in spite of the presence of the international forces in Kosovo and Metohija that should guarantee the implementation of the above mentioned documents and the international standards set by the UNESCO and the Council of Europe destruction of the Serb monuments of culture had not been prevented, and it was particularly prominent in the wave of violence in March 2004. In those events were also destroyed several dozens of Orthodox churches and monasteries, what was noted in the joint statement made by the Council of Europe and European Commission as well as in the report submitted by the UNESCO. The paper also analyses the international programmes of cultural heritage protection in Kosovo, pointing to the basic conclusions and proposals submitted by the missions of the UNESCO, Council of Europe and European Commission that visited Kosovo and Metohija several times. They point out that the violation of international standards in Kosovo is reflected in the deliberate destruction as well as the lack of any protection measures of the monuments from further ruining that results from not taking care of them. Destruction of the religious and cultural heritage is one of the ways for manifesting hostilities as well as the methods for "erasing" the evidence on the historical presence of the people in Kosovo. Apart from this, the author points out that the bad conditions of the cultural heritage in Kosovo also result from the involvement of the international organisations, both governmental and non-governmental, that in this field has often been partial and with no defined programmes and priorities. The author takes a critical consideration of the insufficient involvement of the Serbian authorities in this field, what is, among other things, reflected in the lack of elaborated programme of activities non-coordination and lack of continuity in their work. The author points to the impact of the violence committed in March 2004, as well as on the further work and composition of the international missions, this above referring to the common mission of the Council of Europe and European Commission. These events have in a brutal way drawn attention to the real picture of the bad conditions of the Serb cultural heritage in Kosovo and Metohija, after which the restoration of the destroyed and protection of the remaining monuments of the Serb culture has gained a more important role in involvement of the international community in this field. This role implies above all, involvement of the representatives of the Serb community in the work of the organs and bodies established by the Council of Europe and European Commission with the aim of restoring the monuments of culture of religious character. The article also gives a survey of the measures that SM and Serbia, itself, have already taken or are going to take for the purpose of protecting cultural property in the Province. According to the author's conclusion, in order to apply comprehensive and efficient measures of restoration of the destroyed and damaged monuments of culture and protection of the remaining ones in Kosovo and Metohija it is necessary to, with no delay, ensure the co-ordination of activities of the international and domestic bodies and organisations in order to prevent the irretrievable loss of the rich cultural heritage.