Renewed works within the Special Protective Zone of the Visoki Dečani Monastery give rise to serious concern

Statement of the Serbian Orthodox Diocese of Raška and Prizren

The Diocese of Raška and Prizren has been informed that road works have once again commenced within the legally established Special Protective Zone of Visoki Dečani Monastery, approximately two kilometres west of the Monastery, along the existing alignment associated with the long-disputed project for the Dečani-Plav international transit road.

Monks of Visoki Dečani Monastery visited the site where the works are being carried out. Heavy trucks were observed delivering substantial quantities of crushed stone, while construction machinery was spreading and levelling the material along the existing road alignment. By their nature and scale, the activities observed go beyond ordinary and limited road maintenance and bear the characteristics of construction, reconstruction or significant upgrading of road infrastructure within the protected area.

Neither Visoki Dečani Monastery nor the Diocese of Raška and Prizren was informed of these works in advance, nor were they provided with project documentation or an explanation of the purpose, scope and legal basis of the works. The agreement of the Serbian Orthodox Church, as required under the Law on Special Protective Zones, was not sought. Nor are we aware that the procedure prescribed by law has been initiated before the Implementation and Monitoring Council, in which, alongside two Kosovo ministers and Metropolitan Teodosije, the Heads of the EU and OSCE Missions in Kosovo also participate.

Law No. 03/L-039 on Special Protective Zones constitutes the specific and binding legal framework for the protection of Visoki Dečani Monastery. Article 7 of the Law expressly establishes the Special Protective Zone of the Monastery. Article 5 explicitly prohibits the construction of transit roads through rural Special Protective Zones, such as that of Visoki Dečani Monastery, while Article 6 provides that any road construction or reconstruction works constitute restricted activities for which the competent authorities must first seek the agreement of the Serbian Orthodox Church. If agreement is not reached, the matter must be considered within the legally established implementation and monitoring mechanism.

The legal position is therefore clear, irrespective of how the works may formally be described. If their purpose is to continue the construction of the Dečani-Plav transit route through the Special Protective Zone, they concern an activity prohibited by law. If the works are presented as the repair or improvement of the existing local road, they nevertheless remain subject to the requirement of prior consultation and agreement with the Church, as well as consideration by the competent joint mechanism if no agreement is reached. According to the facts currently available, none of these procedures has been followed, while the scale of the works exceeds ordinary seasonal repairs.

It is particularly concerning that this is not the first attempt to carry out works along the same or a connected route without full compliance with the law. Similar works within the Special Protective Zone commenced in 2018 and again in 2020, but were suspended following a decisive response by international representatives. The arrangement reached within the Implementation and Monitoring Council in November 2020 provided for the construction of an international bypass outside the Special Protective Zone, together with the strictly limited and parallel improvement of the local road within the Zone. That arrangement did not authorise unilateral works or the gradual transformation of the local road into a prohibited transit route. Regrettably, although signed by two Kosovo ministers and the Mayor of Dečani, and confirmed by the guarantees and signatures of the then Heads of the EU and OSCE Missions, the arrangement has remained unimplemented for almost six years.

The Diocese and Visoki Dečani Monastery do not oppose improved transport links, lawful economic development or the legitimate needs of the local population. For years, the Monastery has supported the lawful compromise solution, namely the construction of a bypass outside the Special Protective Zone and the limited improvement of the local road in accordance with the law and previously reached agreements. Our concern is not development as such, but the renewed commencement of works within a legally protected area without a lawful basis, prior consultation or observance of the prescribed procedure.

Such conduct calls into question the effectiveness of the Law on Special Protective Zones, undermines confidence in institutions and risks creating irreversible facts on the ground. This is particularly serious in relation to Visoki Dečani Monastery, a holy site of the Serbian Orthodox Church and a UNESCO World Heritage property, whose protection requires the highest degree of legal and institutional responsibility.

The Diocese expresses the hope that the Kosovo Police and other competent authorities will establish without delay who commissioned and authorised the works, verify their legal basis, and take all measures within their authority to ensure respect for the law, the legal order and the regime governing the Special Protective Zone, and to bring the works already commenced to a halt. The rule of law must be demonstrated in practice, particularly where it is necessary to prevent the creation of a fait accompli contrary to clear statutory restrictions.

At the same time, we expect international representatives in Kosovo, including the European Union, the OSCE and KFOR, within its mandate, to give this matter their serious attention and assist in preserving the legal mechanisms and agreements established for the protection of Visoki Dečani Monastery.

The Diocese of Raška and Prizren remains committed to peaceful and constructive dialogue, but emphasises that the special legal protection of the Monastery must not be reduced to a formal declaration. It must be consistently implemented in practice, without exceptions and without unilateral interpretations, since only in this way can the rule of law, mutual trust and peace be preserved.