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Inclusion in Post-Conflict
Legislatures
The Kosovo and
Northern Ireland Assemblies
Michael Potter
Inclusion in Post-Conflict Legislatures
Michael Potter
Inclusion
in Post-Conflict
Legislatures
The Kosovo and Northern Ireland Assemblies
Michael Potter
Centre for the Study of Ethnic
Conflict
Queen’s University Belfast
Belfast, UK
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
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Preface
v
vi PREFACE
vii
Contents
1 Introduction 1
9 Conclusion 259
Bibliography 269
Index 303
ix
Abbreviations
xi
xii ABBREVIATIONS
xiii
xiv LIST OF TABLES
Introduction
other than those associated with the conflict? If so, is it because of the
design of the political system itself? The Northern Ireland Assembly is
configured to accommodate identities self-identifying as ‘Unionist’ and
‘Nationalist’, with specific features intended to ensure that important
decisions have the consensus of these two defined identities. This raises
the question of whether this arrangement is to the detriment of other
identities. The evidence presented in this volume is that such arrange-
ments do indeed marginalise identities not directly associated with the
conflict. A more pertinent question may therefore be whether such sys-
tems necessarily always exclude other identities.
The conflict management features of the structure of the legisla-
ture in Northern Ireland reflect a wider trend of dealing with identi-
ty-based violent conflict through power-sharing arrangements between
the elites associated with the identities in conflict, such as in Rwanda,
Burundi, transition South Africa, Kenya, Afghanistan, Iraq, Bosnia and
Hercegovina, Macedonia, etc. The logic is that bringing adversaries
together to share political power provides an opportunity to undermine
the rationale for violence by providing a stake in the governance of a
given political entity. But if such an arrangement is deemed to exclude
‘other’ (i.e. non-conflict related) identities in Northern Ireland, the same
may be true for other power-sharing systems designed to accommodate
identities in conflict.
The research carried out for this book seeks not only to ascertain
whether Northern Ireland’s political system prioritises conflict-related
identities to the disadvantage of other identities, but also to do so com-
paratively with another post-conflict legislature with power-sharing fea-
tures, the Kosovo Assembly. For ‘Protestant and Catholic’, substitute
‘Albanian and Serb’. While in many ways very different in history, cul-
ture, course of conflict and mechanism of transition, the political system
in Kosovo was also designed to accommodate conflict-related identities.
Yet, in addition to conflict management features, the Kosovo Assembly
incorporates mechanisms to include minority ethnic groups and women.
The comparative aspect of this research allows some analysis to be made
as to whether such provisions make a difference, or whether the lure of
the conflict paradigm is too strong for such mitigating measures to resist.
That ethnic identities other than those associated with a particu-
lar conflict are excluded in power-sharing arrangements is unsurprising.
But the extent and nature of exclusion can be examined by looking at
1 INTRODUCTION 3
Theoretical Framework
The book takes as its theoretical background the notion that the man-
agement of identity-based conflicts is best undertaken through the estab-
lishment of power-sharing arrangements involving the parties in conflict
in a given region (Lijphart 1975, 1977; McGarry and O’Leary 1993,
2009). Yet, while they have a role in reducing or pausing violent conflict,
4 M. POTTER
Karam 2001; Potter and Abernethy 2012; Deiana 2013a, b). As such,
therefore, there are two cross-cutting theoretical dimensions for analysis
that can serve to determine the extent of inclusion or exclusion: minority
ethnicity and gender.
The analysis in the research for this book draws on theories of politi-
cal inclusion, discerning between descriptive and substantive representa-
tion, discussing the nature of political engagement and the participation
of excluded or marginalised groups and examining the quality of political
participation (Pitkin 1967; Okin 1989; Phillips 1993; Young 2000). In
particular, while not unchallenged conceptually, deliberative democratic
theory provides a basis for examining the extent and quality of discourse
in political arenas (Habermas 1999; Dryzek 2000, 2005) and theories
of group dynamics and organisational cultures provide measurable indi-
cators of representation, applied extensively to gender representation as
critical mass theory, but equally valid for other identities (Kanter 1977;
Dahlerup 2001; Lovenduski 2005).
Analyses of the inclusion of women in political contexts have drawn
on theories of participation in deliberative venues (Chaney 2006) and
the gendering of political spaces (Krook and O’Brien 2012). While
these approaches have provided insightful indicators of political inclu-
sion from a gender perspective, they do not provide a broader frame-
work for analysis for wider political representation or for identities
other than gender. Drawing on the theories of Habermas (1999) and
Young (2000), Galligan and Clavero (2008) derive a broader frame-
work for analysis using deliberative democratic principles to meas-
ure gender democracy. The framework comprises indicators under
the broad headings of inclusion, political equality, publicity and
reasonableness.
While the framework is designed for the analysis of gender democracy,
it draws sufficiently on more general concepts of inclusion to enable the
analysis to be extended to the participation of minority ethnic groups.
In addition, the original framework was intended to be applied to EU
polities that have not necessarily been affected by ethno-national con-
flict. However, the two cases selected, Northern Ireland and Kosovo, are
located in Europe and can be said to have or to be building a European
political culture, and the framework is sufficiently flexible to field gen-
eral principles of political inclusion applicable to conflict and non-conflict
contexts alike.
6 M. POTTER
Analytical Framework
This book is not just about the ‘what’ of examining inclusion, but the
‘how’. One major impediment in conducting research on inclusion is
that there has been no reliable measure of ‘inclusion’ available. In quan-
titative terms, numbers of women and minority ethnic representatives in
a legislature could be counted. But that is only descriptive representa-
tion, which will be discussed in more detail in Chapter 4. This book is
just as concerned with substantive representation, which looks more at
the quality of participation in political life.
Initially, the descriptive representation of women and minority ethnic
groups has been investigated through quantitative means: the numbers
of members who are female and who are from minority ethnic back-
grounds are enumerated in each legislature. This says something about
how many of those identities are present in political life, but it says little
about how they got there, how they are regarded and how much impact
they can have, i.e. the level of substantive representation. Some degree of
quantitative assessment of substantive representation is presented, such
as representation at committees and in leading debates on issues relating
to women and minority ethnic groups, drawing on models by Chaney
(2006) and Krook and O’Brien (2012), but this does not encompass the
experience of representation and how meaningful it is in each context.
The qualitative dimension of the research uses a methodological
framework developed by Galligan and Clavero (2008), which draws
on the philosophical work of Iris Marion Young (2000) on deliberative
democratic principles for gender democracy. While not unchallenged (see
Chapter 4), deliberative democracy provides a basis by which substantive
representation can be subjected to assessment and measure. In the case
of Galligan and Clavero’s model, it is developed as a set of indicators
for gender democracy. In the research for this book, the model has been
adapted for minority ethnic representation also (Potter 2018).
8 M. POTTER
Conclusion
The book therefore aims to address the key questions posed in the
research—whether post-conflict political institutions include or exclude
identities not related to the conflict—through a comparative exploration
10 M. POTTER
References
Abdo, N. (1994). Nationalism and Feminism: Palestinian Women and the
Intifada. In V. Moghadam (Ed.), Gender and National Identity: Women and
Politics in Muslim Societies. London: Zed.
Ainhorn, B., & Sever, C. (2003). Gender and Civil Society in Central and
Eastern Europe. International Feminist Journal of Politics, 5(3), 163–215.
Beasley, C., & Bacchi, C. (2000). Citizen Bodies: Embodying Citizen—A
Feminist Analysis. International Feminist Journal of Politics, 2(3), 337–358.
Brock-Utne, B. (1989). Educating for Peace: A Feminist Perspective. New York:
Pergamon.
Brubaker, R. (2004). Ethnicity Without Groups. Cambridge: Harvard University
Press.
Chaney, P. (2006). Critical Mass Deliberation and the Substantive
Representation of Women: Evidence from the UK’s Devolution Programme.
Political Studies, 54(4), 691–714.
Charlesworth, H., & Chinkin, C. (2006). Building Women into Peace: The
International Legal Framework. Third World Quarterly, 25(5), 937–957.
Dahlerup, D. (2001). Women in Political Decision Making: From Critical Mass
to Critical Acts in Scandinavia. In I. Skjelsbaek & D. Smith (Eds.), Gender,
Peace and Conflict (pp. 104–121). Oslo: International Peace Research
Institute.
Deiana, M.-A. (2013a). Citizenship as (Not) Belonging? Contesting the
Replication of Gendered and Ethnicised Exclusions in Post-Dayton Bosnia-
Herzegovina. In S. Roseneil (Ed.), Beyond Citizenship? Feminism and the
Transformation of Belonging (pp. 184–210). Houndmills: Palgrave Macmillan.
Deiana, M.-A. (2013b). Women’s Citizenship in Northern Ireland After the
1998 Agreement. Irish Political Studies, 28(3), 399–412.
Drakulić, S. (1993). Women and the New Democracy in the Former Yugoslavia.
In N. Funk & M. Mueller (Eds.), Gender, Politics and Post Communism
(pp. 123–130). London: Routledge.
1 INTRODUCTION 11
Introduction
The position on Kosovo’s uniqueness is summed up by an ethnologist in
Pristina:
Comparisons
The analysis in this book compares the relative political representation
of women and minority ethnic groups across two cases. Such cross-na-
tional research projects ‘set out to study particular issues or phenomena
in two or more countries with the express intention of comparing their
manifestations in different cultural settings’ (Hantrais and Mangen 1996:
1). In this case, it is not the countries themselves being compared, but
the political systems. Essentially what the comparative method analyses is
what is different (or similar), asks why and attempts to assess the conse-
quences of that difference (or similarity) (Rose 1991: 447).
An alternative approach to assessing inclusion in post-conflict systems
would be to use the statistical method, that is, to increase the number
of cases and apply quantitative approaches to examining the differences
between them. Where the comparative method is ‘essentially a case-
oriented strategy of research’, statistical methods ‘disaggregate cases
into variables and examine the relationships between variables’ (Ragin
1987: 9). The statistical method has a number of difficulties in this case.
Firstly, political systems, even post-conflict power-sharing ones, can vary
considerably in detail, so as to defy neat classifications (see Chapter 3).
Secondly, there is a range of other context-specific variables that may
influence outcomes in terms of representation. Consequently, the
approach for this investigation conforms with Lijphart’s conclusion that
2 NORTHERN IRELAND AND KOSOVO IN COMPARATIVE PERSPECTIVE 17
As Ragin notes, the problems with the comparative method lie in issues of
dissimilarity and that the cases are not anonymous or disembodied units
of study, but they have known histories (1987: 9). The social world is per-
ceived from a point of view dependent on socialisation, experience and
belief, which is contextual (Webb 1995: 32). The key question is whether a
18 M. POTTER
theme that arises in Kosovo is comparable with one that arises in Northern
Ireland. Central to this, as Sartori (1970) notes, is the problem of ‘con-
cept-stretching’, so that concepts from one or more contexts are ‘stretched’
to apply across all cases. His solution, similar to the ‘middle of the road’
approach between particularism and universalism, is to use a ‘ladder of
abstraction’, which recognises that the more general the theory, the less
grounded the evidence from a context; the more detail, the less general-
isable the concept. A ‘medium level of abstraction’ is Sartori’s recommen-
dation. In the research for this book, concepts are applied across the two
cases where they appear in the same or equivalent form in both contexts.
Strategies to deal with issues of comparability include establishing
equivalence, minimising bias in the research process and applying con-
cepts across cases. In terms of equivalence, if a direct comparator is not
obvious, there can be functional equivalence, where an object of study
is not the same, but has the same function, semantic equivalence, where
there are different terms for the same (or similar) thing, or linguistic
equivalence, where the same meanings can be found in different lan-
guages (Hantrais 2009: 77). In the research for this book, for example,
interviewee identification did not always directly match between Kosovo
and Northern Ireland, so a strategy was devised to establish levels of
equivalence: equivalence of role, equivalence of knowledge and equiva-
lence of personal identity. As Rose (1991) notes, there can be valid com-
parable or functionally equivalent units of analysis that are not the same
and no direct equivalence does not necessarily prevent comparison.
The evidence in this book does not claim to be directly comparable
across the two (or any other) cases. But universal concepts such as the
marginalisation of women and the exclusion of minority ethnic identities
are identified and recognised within a common frame of understanding.
Again, Northern Ireland and Kosovo are not being directly compared as
if they were the same. They are not. But there are important themes that
have resonance in both contexts.
conflict around the world. In this respect, there is a field of literature that
uses Northern Ireland as a point of comparison with other conflicts. This
literature can be characterised as follows:
Settler/Native Explanations
Frank Wright’s (1988) comparisons of Northern Ireland with West
Prussia, Bohemia, the USA (in its treatment of African Americans) and
Algeria are viewed from the perspective of settler-native contexts, or ‘eth-
nic frontiers’, where populations are fairly evenly balanced and a dom-
inant community is unable to assimilate a subordinate one. The first
two examples are examined in terms of similarity, where a native pop-
ulation, experiencing a ‘crisis of assimilation’, engages in the ‘organic
work’ of developing its own middle-class infrastructure and education
system. In contrast, US blacks were subject to more drastic inequali-
ties than could be claimed of Northern Irish Catholics, and the French
minority in Algeria was much smaller relative to the native population.
Wright is using a broad conceptual link that works in general terms with
the other European examples, but those outside Europe are more prob-
lematic, although Lustick (1993: 47) finds similarity in the Algerian and
Northern Ireland cases in the ‘similar effects of similarly structured polit-
ical legacies’. These include the incomplete integration of territories into
core states where the disputation of territories have been treated as inte-
gral parts of the central state, where both cases failed to absorb prob-
lematic regions and disengaged, in part or entirely. A similar conceptual
observation might be made for Kosovo under Yugoslav and Serbian con-
trol, where it could also be compared more closely in terms of a minority
dominating a majority population, although that is where the similarity
ends, as the Kosovo Serb population, if it can be described as ‘settler’ at
all, has been present for many centuries.
Comparative political analysis, rather than political comparison, is
associated with theory-building, although Guelke (2010: 1) elsewhere
indicates that these can be difficult to separate. Similarly, McGarry’s clas-
sification described above does not assume conceptually discreet expla-
nations or solutions to conflict, but a range of approaches may apply to
any analysis, for example, there may be a combination of exogenous and
endogenous explanations for the conflict in Northern Ireland, although
authors may place greater emphasis on one or the other, and while insti-
tutional reform may be pursued through consociationalism, cross-cut-
ting and integrationist processes may be taking place at community
level (see Bloomfield 1997). Wright’s examination of the nature of the
relationships between communities is important to assist concept-form-
ing in comparative analyses, but again cannot assume specific criteria
2 NORTHERN IRELAND AND KOSOVO IN COMPARATIVE PERSPECTIVE 21
but all were in the ‘British system’, albeit differently—as an integral part
of the UK, empire in its own right and League of Nations mandate—‘but
the crucial point of similarity is that in each case partition became the
“problem-solving” device adopted in an attempt to meet the claims of
conflicting political aspirations’ (p. 2). The conceptual link is, therefore,
the attempted resolution mechanism, but the author does not effectively
differentiate the extensive political and contextual circumstances of transi-
tion in each case. But as Ben-Porat (2006: 260) points out in his similar
study of the use of partition in Northern Ireland and Israel/Palestine, the
contexts are different, but they share characteristics for comparison.
Another resolution mechanism that has been compared, explored in
depth later in the book, is that of consociationalism, for example, by
Russell (2008), examining parallels between the Lebanese Ta’if Accord
and Belfast Agreement as examples of power-sharing. The study exam-
ines the nature of power-sharing in each context and the role of civic
leadership in the relative success or failure of a consociational enterprise.
However, the comparison does not get to grips with the detail of how
‘civic leadership’ is understood in two very different cultural and political
settings and does not effectively move beyond the universal assumptions
of the operation of political co-operation. In contrast, Kerr’s examination
of consociational agreements in Northern Ireland and Lebanon comes to
more complex conceptual conclusions around the interplay of exogenous
and endogenous factors at work and, more specifically, the importance of
how internal-external relationships are managed (2005: 198–199). Barry
(1991) carried out a more in-depth review of the applicability of conso-
ciationalism in a range of cases, including a detailed comparison between
Northern Ireland and Canada.
Peace Processes
The peace process in Northern Ireland has also been extensively com-
pared. Guelke (2008: 80) draws comparisons between the peace pro-
cesses in Northern Ireland and South Africa, but also notes that the
Northern Ireland process has provided inspiration for other peace pro-
cesses, such as in the Basque Country, Corsica, Kashmir and Sri Lanka
(Guelke 2006: 375). Snyder (2013) explains that what the peace pro-
cesses in Northern Ireland and the Middle East have in common is that
both emerged from a decline in revolutionary nationalism, whereas
Tonge (2014: 1) contrasts a range of peace processes, declaring those
2 NORTHERN IRELAND AND KOSOVO IN COMPARATIVE PERSPECTIVE 23
Geography
The geographical dimension of the Northern Ireland conflict—that it is
a divided island—is examined by Guelke (2001). Rather than a detailed
comparison of cases, the analysis draws on the responses of the inter-
national community to disputed islands, his thesis being that there is
reluctance internationally to allow them to be partitioned and that the
North–South dimension of the Belfast Agreement was important to its
acceptance. In this example, it is the application of a universal concept
that is applied to all cases of disputed islands.
In terms of the subject of this book—inclusion in post-conflict legisla-
tures—there has been less analysis. While there has been no direct com-
parative analysis in relation to minority ethnic inclusion in politics, there
have been some studies looking at the status of women in post-conflict
Northern Ireland and Bosnia and Hercegovina (Deina and Goldie 2012;
Potter and Abernethy 2012). However, these comparisons look at the
experiences of women during and after conflict, rather than political
representation.
While by no means exhaustive, this brief review of comparisons with
Northern Ireland demonstrates a variety of approaches to comparing,
many taking aspects of the conflict, such as origins, relations between
communities, transition mechanisms and geography. For the purposes of
this book, there is a focus on aspects of how power-sharing institutions
function, but there is also learning from these comparisons in terms of
how comparable other contexts are, how they vary and how variations
affect the relative success or failure of conflict management processes.
Kosovo
In contrast to Northern Ireland, Kosovo has been less extensively com-
pared. Indeed, some authors have emphasised the difference between
the Balkans in general and the rest of Europe, citing its ‘isolating upland
24 M. POTTER
(Smith 1999: 276; Shöpflin 2000: 63; Lake and Rothchild 2001: 126),
which are harnessed by elites to make ethnicity the rallying point for a
political cause (Rabushka and Shepsle 1972: 82; Rothschild 1981: 2;
Crick 1990: 268; Sisk 1997: viii), which in turn, by the processes of con-
flict, influence the strengthening of ethnic identity as a unifying feature
of a community under threat from the outside and seeing the ‘other’ in
terms of stereotypes and prejudices (Agnew 1989: 42; Fitzduff 1999:
41–42; Nikolić 2003: 69). Snyder (2000) argues that transitions to more
democratic systems make this process more acute, as ethnicity represents
an easily defined and identified political identity, rather than more com-
plex cross-cutting political ideologies and concepts, creating contexts
where ethnic identity and ethnic rivalry develop into the primary locus of
political debate.
Endogenous explanations of the Kosovo conflict need to be seen in
the context of wider change occurring in the Balkan peninsula, particu-
larly in terms of the ‘messy’ disintegration of Yugoslavia and the rapid
emergence of new nation states in its place (Gow 2010: 163). Kosovo
was unusual in that, unlike Slovenia, Croatia, Bosnia, Macedonia and
Montenegro, it was a region of Serbia and therefore did not have the
constitutional right to secede from Yugoslavia, as Northern Ireland
is a de facto region of the UK. Yet, while there was an active claim on
Northern Ireland in the Irish constitution, now amended to an aspira-
tion, authors have noted a marked disinterest in Kosovo from neighbour-
ing Albania (Vickers 2001: 30). This has been explained as a historical
wish for a small and weak Albania not to challenge a larger and more
powerful Yugoslavia, but more significantly, this reluctance has been
attributed to intra-ethnic rivalry between Kosovar and North Albanian
Ghegs and South Albanian Tosks, the latter having ruled Albania for
most of its existence (Vickers 1999: 5), and ‘to absorb Yugoslav Ghegs
might doom the Tosk regime’ (Horowitz 2000: 285).
Ljubišić (2004: 1, 24) maintains that primordialist (ancient hatreds)
and constructivist (artificial and imagined) explanations are wide of the
mark, as they both ignore the international dimension. Wider exogenous
factors influencing events in Kosovo are, to a certain extent, Russian
political support for the Serbian position (e.g. Yeltsin 2000: 255–266),
described as ‘unthinking reflex loyalty for ‘Serb brothers’’ (Buckley
2001: 156), but more significantly, the Kosovar Albanian diaspora in
Europe and the USA. As Vickers and Pettifer (1997: 151) have noted,
‘The émigré factor is of the greatest importance in Kosovar politics.
30 M. POTTER
The notion of a ‘Unified Albania’ has much more active support in New
York than it does in Albania’. Koinova (2011) notes that while diaspo-
ras do not cause secession, they significantly react to it in four processes.
Firstly, they become part of the conflict spiral, which in the case of the
atomised Albanian diaspora, created unity of purpose. Secondly, trans-
national coalitions are formed, as a shadow Kosovo government was
formed abroad under Ibrahim Rugova in the 1990s. Thirdly, human
rights violations at home radicalise diasporas, for example, Serbian acts
against Kosovar Albanians prompted worldwide demonstrations and the
despatch of volunteers to fight in the region. Finally, diasporas radical-
ise domestic affairs, such as when the pacifist Rugova fell out of favour
in 1998 and diaspora support switched to the UÇK. Similarly, Cochrane
et al. (2009) trace the effects of the Irish diaspora, particularly in the
USA, on the conflict in Northern Ireland, but also significantly on the
peace process.
The discussions around the nature of conflict in both Northern
Ireland and Kosovo illustrate the processes around which identities are
formed in opposition, shaped by elite mobilisation along ethno-national
lines. These forces do not take account of identities outside those domi-
nant in the conflict, such as other ethnicities, and notions that there may
be gender differences in the process of conflict-related identity formation
are absent. If alternative identities are not considered during conflict,
there is little likelihood of this being the case in the transition from con-
flict. It is these transitions which are considered next.
The transitions from conflict in Kosovo and Northern Ireland took rad-
ically different forms, but exogenous factors were crucial in both cases.
In Northern Ireland, it was a US-brokered process that was at the pin-
nacle of years of groundwork to find a peaceful solution, involving local,
British and Irish dimensions (Mitchell 1999). In Kosovo, it was a rel-
atively short, sharp process, where armed resistance by the UÇK from
1996 was accelerated by Serbian responses and the availability of arms
from the political turmoil in Albania in 1997, leading to a more con-
certed military response from Serbia and NATO intervention in 1999.
In this case, there was a sense of ‘unfinished business’ when post-
conflict arrangements were made for Bosnia in 1995 (Judah 2001: 21),
2 NORTHERN IRELAND AND KOSOVO IN COMPARATIVE PERSPECTIVE 31
and while there was a peace agreement on the table from the
Rambouillet negotiations in 1999, it was unusual in being, for the first
time, concluded and later enforced through the threat of military action
(Dauphinee 2003: 104; Perrit 2010: 1; Thornberry 2001: 45; Weller
2009: 146).
While the Northern Ireland transition was a product of mediated bro-
kerage between parties to the conflict, the Kosovo transition has been
theorised variously as a return to classical nineteenth-century diplomacy
of intervention, emerging interest in establishing an international con-
stitutional order and a fragmentation of state sovereignty and territorial
integrity (Weller 2009: 1–2). Some have argued that the transition was at
least partly due to endogenous factors, such as the policies of Slobodan
Milošević having the effect of transforming the UÇK from a small group
of fighters into a formidable fighting force (Judah 2000a: 309; 2001:
20) or Serbian ascendancy leading to a strong and significant alternative
and separate Albanian society (similar to Wright’s ‘organic work’). But
critics of NATO action have referred to the transition as an ‘American
war’ (Singh 2001: 61), where NATO essentially became the UÇK’s air
force (Chomsky 1999: 26), intervention giving a clear signal to Kosovo
Albanians that NATO was acting on their behalf on the path to inde-
pendence (Ker-Lindsay 2009: 154). This view has some merit, as there is
clear evidence of significant and increased US pressure for military inter-
vention (Albright 2003: 378–406).
Some authors have taken a more critical view of the US and allied role
in bringing about the transition in Kosovo, but with a specific goal in
mind for the violent expulsion of Serbia from Kosovo. By this view, the
US pursued war with Serbia (Kouchner 2004), side-lined the non-vio-
lent Kosovo Albanian movement in favour of support to the UÇK (Péan
2013) and the international hosts at the Rambouillet negotiations cre-
ated a predetermined outcome in which local actors had only a subordi-
nate role (Dauphinée 2003: 116). By this thesis, the nature of transition
was not a product of meaningful negotiation involving a broad range of
protagonists and other influential outside actors, as (arguably) occurred
in Northern Ireland, but a pre-ordained process engineered by a US-led
international bloc.
Dannreuther (2001: 20) explains diplomatic pressure for military
action against Serbia/Yugoslavia as a response to the Bosnia experience
haunting western decision-makers. Authors such as Bahadur (2007) and
Laureij (2010) describe convincingly how the media played a major role
32 M. POTTER
King and Mason (2006: 261) lament this ‘pendulum effect’, but are also
critical of attempts to build a state based on ‘western’ values. The chal-
lenge, writes Pula (2003: 11), is to develop structures that ‘foster civic
participation and political accountability’. This is a central challenge for
Kosovo’s transition: there is an Albanian population that feels it has won
independence from Serbia and international actors who assisted in this
process and now face the task of slowing the swing of the pendulum too
far in the direction of exclusive nationalism in order to establish a func-
tioning inclusive state. This stands in contrast to the dominant histori-
cal political narrative in Kosovo: The path to statehood for Kosovo has
been depicted as a natural, inevitable process associated with a right to
self-determination for the ethnic Albanian people in the area (Krasniqi
2005), seen in a broader historical perspective of nation states and a log-
ical dissolution of a federal structure such as Yugoslavia (Hasani 2003)
and brought about by a national liberation struggle on the part of the
UÇK on behalf of the Kosovo Albanian population (Krasniqi 2006).
This is reinforced by a notion of historical continuity of Albanian resist-
ance to invaders from bygone eras, for example, Jakup Krasniqi’s com-
parison between the medieval Albanian hero Skënderbeu and the UҪK
leader Adem Jashari (Krasniqi 2012: 129–132).
2 NORTHERN IRELAND AND KOSOVO IN COMPARATIVE PERSPECTIVE 33
Power-Sharing Literatures
Post-conflict legislatures were established in both Northern Ireland and
Kosovo with power-sharing features. In Northern Ireland, 108 mem-
bers (now 90) were originally elected and ministries and committee
membership decided by the d’Hondt formula, which allocates positions
to parties according to the number of seats in the Assembly. Where a
petition of concern is raised against an issue under debate, decisions
must be through a majority of both communities, i.e. those declared to
be Unionist or Nationalist. In the Kosovo Assembly, 120 members are
elected, with seats reserved for 10 Serbs and 10 ‘other’ identities (Roma,
Ashkali, Egyptian, Bosniak, Turkish and Gorani). Serbs and an ‘other’
identity are guaranteed one seat each on the seven-member presidency
and the nine ministries. Unlike Northern Ireland, decisions are made
on a simple majority, apart from specific laws of ‘vital interest’, although
members can bring a motion to the presidency if there is an allegation of
a violation of community rights.
O’Leary (1999) concludes that the Northern Ireland Assembly is con-
sociational which, according to Lijphart (1977), has features of a grand
coalition of elites, a minority veto, proportionality and segmental auton-
omy. Kosovo fails on the grounds of having no effective minority veto
(except for some specific prescribed circumstances) and the principle of
proportionality is offset by quotas for communities regardless of their share
of the vote, but it is nonetheless a power-sharing arrangement based on
ethnic identity. There have been significant debates around consociation-
alism with regard to its applicability to managing ethnic cleavages within
a polity. Lijphart (1969: 216) originally set the requirements that elites
must have the ability to accommodate the divergent interests and demands
of subcultures, must be able to transcend cleavages to enter into commit-
ments with elites of rival subcultures, be committed to the maintenance
of the system and understand the perils of fragmentation. Essentially, elites
must want to make peace and share power within a given region and bring
an ethnic group with them. It could be argued that parties which have
policy positions that favour union with another country, such as those of
Serbs in Kosovo or Irish Nationalists in Northern Ireland, may not have
as strong a commitment to power-sharing institutions in a disputed terri-
tory, leading to a potential source of instability. Daalder (1974: 620) states
that consociationalism was developed as an alternative to ‘Anglo-American’
majoritarianism, but the theory leaves out other systems that are not
strictly majoritarian as alternatives. Kosovo has one such system.
34 M. POTTER
The most important, though not the largest, of the American trees
of the Oak family, and the one that is most like the English tree, is
the American White Oak. It puts forth its branches at a
comparatively small height, not in a horizontal direction, like the
white pine, but extending to great length with many a crook, and
presenting the same knotted and gnarled appearance for which the
English oak is celebrated. Individual trees of this species differ so
widely in their ramification that it would be difficult to select any one
as the true type. Some are without a central shaft, being subdivided
at a small height into numerous large branches, diverging at rather a
wide angle from a common point of junction, like the elm. Others
send up their trunk nearly straight to the very summit of the tree,
giving out lateral branches from all points almost horizontally. There
is a third form that seems to have no central shaft, because it is so
greatly contorted that it can only be traced among its subordinate
branches by the most careful inspection. The stature of the White
Oak, when it has grown in an isolated situation, is low, and it has a
wider spread than any other American tree.
The leaves of the White Oak are marked by several oblong,
rounded lobes, without deep sinuosities. They turn to a pale chalky
red in the autumn, remain on the tree all winter, and fall as the new
foliage comes out in the spring. The tree may be readily
distinguished from other oaks by the light color and scaly surface of
the bark, without any deep corrugations. In Massachusetts very few
standard White Oaks have escaped the axe of the “timberer,” on
account of the great demand for the wood of this species. Were it not
for the protection afforded by men of wealth to oaks in their own
grounds, all the large standards would soon be utterly destroyed.
Democracy, though essential to republican liberty, is fatal to all
objects which are valuable for their poetic or picturesque qualities. It
has no foresight, and no sentimental reverence for antiquity. It
perceives the value of an object for present use; but it disdains to
look forward to the interest of a coming generation. In regard to
nature, what is called progress in America is only another name for
devastation. How great soever the political evil of large estates, it is
evident that in proportion to their multiplication will be the
increased protection afforded to our trees and forests, as well as to
the birds and quadrupeds that inhabit them.
THE SWAMP OAK.
The Swamp Oak bears resemblance in many points to the White
Oak; but it has less breadth, and abounds in strangling branches
growing from the trunk just below the junction of the principal
boughs. This gnarled and contorted growth is one of the picturesque
appendages of the Swamp Oak, distinguishing it from all the other
species, and rendering it an important feature in a wild and rugged
landscape. This cluster does not, like the vinery of the elm, clothe the
whole extent of the bole, but resembles an inferior whorl of branches
below the principal head. Above it, the tree forms rather a cylindrical
head, and the principal branches are short compared with those of
other oaks.
The leaves of this tree bear some resemblance to those of the
chestnut. They are almost entire, and bluntly serrated, rather than
scalloped. They are of a slightly reddish green when mature, and turn
to a leather-color in the autumn. Trees of this species are at the
present time very prominent objects of the landscape in Eastern
Massachusetts, where they are very frequent in half-cleared lands
that lie only a little above the sea level and contain considerable clay.
The Swamp Oak in some favorable soils attains great size; but in New
England, though an interesting object in scenery, it is only a tree of
second magnitude. The Chestnut Oak is not uncommon around New
Bedford and many other parts of New England, but it is not an
inhabitant of the woods near Boston.
THE RED OAK.
The Red Oak is the largest of the genus belonging to American
woods, and the least useful for any purposes except those of shade
and ornament. It is very regular and well proportioned, having a
remarkably wide spread, and branches comparatively but little
contorted. It is taller than the white oak, and does not branch so near
the ground; but it possesses in a high degree that expression of
majesty for which the oak is celebrated. The scarcity of trees of this
species by our roadsides is remarkable, since they display the union
of so many of the qualities which are desirable in a shade-tree. The
Red Oak thrives well on a poor soil, and grows with great rapidity; its
foliage is very beautiful, and deeply cleft, like that of the scarlet oak,
though larger, and its reddish-purple tints in the autumn are hardly
inferior. Perhaps the scarcity of oaks in general by the wayside is
owing to the peculiar shape of their roots, which extend to a great
depth in the soil, and render the trees very difficult to be
transplanted. Hence the wayside oaks are such as have come up
spontaneously in the places they occupy, and were there when the
road was laid out.
THE SCARLET OAK.
The Scarlet Oak in many points resembles the one I have just
described. Like the red oak, its branches are regular and
comparatively free from contortions, and the quality of its timber is
inferior. The leaves are distinguished from those of all other species
by their deep sinuosities, being almost like the skeletons of a leaf, the
lobes terminating in narrow teeth with long sharp points. This tree is
greatly admired in landscape, and on large estates it is constantly
preserved as an ornament. Its chief attraction is the bright color of its
autumn foliage; but the fine gloss and deep verdure of its leaves in
summer are very beautiful. It turns in autumn to a dark crimson, not
a scarlet, as the name would imply. It could not justly be named
scarlet, save when it is brightened by sunshine, which adds to all
crimson foliage a little gold. But as the oaks are very late in assuming
their autumnal tints, and are not in their brightest condition until the
maples have faded, the Scarlet Oak, when it has attained its full
splendor, is the most beautiful tree of the forest.
There are certain trees which we do not highly value in landscape
as single individuals, while they attract our attention in assemblages.
Our hills, for example, in some parts of the country, are nearly
covered with a growth of Scrub Oak, or Bear Oak. They are not
ornamental as single trees, and they are prone to usurp the whole
ground, excluding that charming variety of shrubs which constitutes
the beauty of our half-wooded hills.
THE BLACK OAK.
It is not my intention to enumerate all the species of this genus;
but I must give a passing notice to the Black Oak, because it is a
common and very large tree in favorable situations. It has been
named Black Oak on account of the very dark color of its outer bark;
and Yellow Oak,—a name quite as common as the other,—from the
yellow color of its inner bark, which produces the quercitron used by
dyers. It may also have been so called from the yellowish leather-
color of its leaves in the autumn, resembling the color of a dry oak-
leaf. Many large trees of this species are found in the New England
States. In Kentucky it is named Black Jack, and constitutes the
principal timber of those extensive tracts called Oak Barrens.
THE LAUREL.