TRANSITIONAL JUSTICE IN ALBANIA, KOSOVO AND NORTH MACEDONIA IN A COMPARATIVE FRAMEWORK

Abstract

This thesis aims to enhance transitional justice studies with a focus on the Balkan peninsula, by providing a comparative analysis of the extent of transitional justice mechanisms in Albania, Kosovo, and North Macedonia. With the fall of military dictatorships in Latin America in 1980s, the breakup of the Soviet Union and the emergence of new states in 1990s, the concept of Transitional Justice (TJ) saw a significant rise in the late 1980s and early 1990s. This was further propelled by the fall of the Berlin Wall (1989), the prolonged breakup of the Socialist Federal Republic of Yugoslavia (1992) as well as the fall of the communist dictatorship in Albania (1990). The emergence of new states and the state-building processes that followed the political and social changes also brought new challenges and conflicts, although they marked the end of significantly repressive political regimes. Considering that the implementation of TJ has undergone several changes over time and dependent of the different settings in which it was employed, it is necessary to conduct extensive comparative research to determine the extent to which TJ differs in post-communist and post-conflict nations. The analysis undertook in this study will attempt to demonstrate the significance of TJ, as it goes well beyond the finite period of transition and creates an ongoing and sustainable connection to the past. Transitional Justice stands for much more than just the addressing of human rights violations and the ensuring of legal justice and the rule of law; it also involves other elements, particularly those related to peacebuilding. When considering TJ, it is important to view it as a long-term and sustainable process rather than a “quick fix” or temporary solution. When it comes to Kosovo, it is crucial to frame the importance of how we relate to that context. iii It is not just about setting up tribunals, but also about establishing a meaningful relationship with the people in affected communities. By doing so, we can gain a deeper understanding of their experiences and needs, and work towards a more effective resolution of the issues at hand. In line with this, it has developed three main hypotheses: (1) The limited achievement of lustration law in Albania has conditioned the current status of transitional justice; (2) The state-building process has contributed to the evolution of Transitional Justice in Kosovo; (3) The power-sharing process as a TJ pillar in North Macedonia has fueled TJ in the country. By utilizing a mixed methods approach, data was collected through elite interviews, conducted in the three countries with 44 representatives from academia, politics, media and civil society. Other data are collected from a public survey that was specifically conducted for the analysis of Albania, as a case study of this dissertation. To conclude, two hypotheses are fully upheld in terms of limited achievement of lustration law and its implications with the current status of transitional justice in Albania; and the contribution of state building in Kosovo to the evolution of transitional justice. The third hypothesis related to the power-sharing process in North Macedonia as a fueling mechanism to the evolution of transitional justice is partially upheld.