Replies

Ahtisaari’s document:

Epoka e Re (Albanian Newspaper) carrieD what they call Ahtisaari’s comprehensive proposal for a Kosovo status settlement. On the front page the paper carries a note by the paper’s Editor-in-Chief recalling President Kennedy’s advice to the media to maintain their independence, as a response to voices calling against publishing of the document.

According to Epoka e Re, the article on general principles says the following:

Kosovo shall be a multi-ethnic society, which shall govern itself democratically, and with full respect for the rule of law, through its legislative, executive, and judicial institutions.

The exercise of public authority in Kosovo shall be based upon the equality of all citizens and respect for the highest level of internationally recognized human rights and fundamental freedoms, as well as the promotion and protection of the rights and contributions of all its Communities and their members.

Kosovo shall adopt a Constitution. The Constitution of Kosovo shall prescribe and guarantee the legal and institutional mechanisms necessary to ensure that Kosovo is governed by the highest democratic standards, and to promote the peaceful and prosperous existence of all its inhabitants. The Constitution shall include, but not limited to, the principles and provisions contained in the Annex 1 of this Settlement.

Kosovo shall have an open market economy with free competition.

Kosovo shall have the right to negotiate and conclude international agreements, including the right to seek membership in international organizations.

The official languages shall be Albanian and Serbian.
Kosovo shall have its own, distinct, national symbols, including a flag, seal and anthem, reflecting its multi-ethnic character. Kosovo shall have no territorial claims against, and shall seek no union with, any State or par of any State.

Kosovo shall cooperate fully with all entities involved in the implementation of and undertake all obligations under this Settlement. Kosovo and the Republic of Serbia are encouraged to cooperate in good faith on issues pertinent to implementation and realization of the terms of this Settlement.

The international community shall supervise, monitor and have all necessary powers to ensure effective and efficient implementation of this Settlement, as set forth in Annexes IX, X and XI. Kosovo shall also issue an invitation to the international community to assist Kosovo in successfully Kosovo’s obligations to this end.

Under article 2 on Human Rights and Basic Freedoms, the status package notes that Kosovo will promote, protect and respect at the highest level the internationally recognized human rights and basic freedoms, and all persons in Kosovo will be entitled to human rights and basic freedoms without any racial, gender, religious or political discrimination. All people in Kosovo are equal before the law and are entitled to have equal protection by the law without any discrimination.

Article 2 notes that the Constitution of Kosovo will provide the legal and institutional mechanisms for the protection, promotion and implementation of human rights for all people in Kosovo, and that Kosovo will promote and respect a process of reconciliation between all communities.

Article 2 also says that all competent authorities in Kosovo will cooperate and provide an unimpeded access to international human rights organizations and mechanisms.

Article 3 on the Rights of Communities and Their Members, the status package provides that citizens that belong to the same national or ethnic, religious group will have specific rights and human rights and basic freedoms.

Article 3 also provides that the authorities of Kosovo will be led in their policy and practice by the need to promote the spirit of inter-cultural and inter-religious peace, tolerance and dialogue between all communities and their members.

Article 4 ensures the right of all the refugees and the IDPs to return to their homes in pursuance with the local and international laws, and also lays down that Kosovo should create a suitable environment for a safe and dignified return. Kosovo, is further said, shall fully cooperate with the UNHCR and other organizations involved in the returns process to extend protection and assistance for the returnees.

The Article 5 covers the missing persons and says that Kosovo and Serbia shall in accordance with local and international norms and standards undertake all the necessary measures to provide information that will help resolving the issue of the missing. It also says that both Kosovo and Serbia shall fully and without delay participate in the Working Group on the Missing established during Vienna talks.

Local self-governance and decentralization are included in Article 6. Municipalities are the basic territorial units of local self-government in Kosovo, it says. The local self-government in Kosovo will be applied in accordance with principles of good governance, transparency, effectiveness and efficiency of public services taking into account specific needs and concerns of the non-majority communities. The article also spells out that the municipalities in Kosovo will have the right for inter-municipal and cross-border cooperation in terms of issues of common interest.

On the cultural heritage, Article 7 says that Kosovo should ensure the autonomy and protection of all religious sites and their location. Additional and special security will be provided to the Orthodox Church and to their clergy, activities and property. And that the Orthodox Church will be the only proprietor of its property and in charge to manage its property and access to their sites.
Economic and property rights are provided for in the next Article 8. Kosovo will follow an economic, social and fiscal policy necessary for a sustainable economy. Kosovo will also establish, in cooperation with the European Commission and the IMF, a supervisory fiscal mechanism. For the preparation of the budget, Kosovo will consult with the ICR.

On the debts part, it says that any international debt of the Republic of Serbia allocated to Kosovo as a result of the division of the debts, will be considered a Kosovo’s financial liability. The point 8.3 of the article says that the movable and the immovable property of the FRY or of Republic of Serbia that is within the territory of Kosovo, at the moment when this agreement enters in force, will pass on to Kosovo.

Kosovo will recognize and implement the rights of persons for their movable and immovable property in accordance with international norms. Complaints will be addressed by the Kosovo Property Agency. When it comes to issues that cannot be solved through this mechanism, Kosovo and Serbia will try to directly solve any complaint, as both Kosovo and Serbia are expected to ensure a fair and non-discriminatory treatment of property and financial complaints form the one or the other side and a fair treatment in the their courts and mechanisms dealing with claims.

Article 9.1 says the following; unless otherwise specified by this agreement, Kosovo shall have the authority to implement the law, security, justice, public order, intelligence, reaction to civil emergencies, as well as borders control within its territory.

Article 9.2 Notes that Security Institutions of Kosovo shall operate according to democratic standards and internationally recognized human rights to ensure equal representation of all the communities and at all its levels.

Article 9.3 clarifies the role of International Civil Representative (ICR) and International Military Presence, which shall be in accordance with this agreement and their mandate and shall supervise and guide development and evolution of security institutions in Kosovo.

Article 9.4 mentions creation of professional multiethnic Kosovo Security Force (KFS), who will develop a light armed component that will be able to exercise certain security functions.

Article 9.5 mention establishment of a Government Civil Organization who shall have control over KFS, in accordance with this agreement.

Article 9.6 says that after one year of this agreement entering into force, KPC will be dissolved since they have fulfilled their objectives including their assistance for revitalization of Kosovo.

Article 9.7 notes that all unauthorized organizations by law who offer security services in Kosovo shall stop functioning.

Article 10 on Constitutional Commission and Elections says that immediately after this agreement enters into force, President of Kosovo in consultation with the Presidency shall call the Constitutional Commission in consultation with ICR.

10.2 notes that Constitutional Commission shall consist of 22 members (Kosovars) who carry relevant educational background and necessary expertise for this purpose, who will present the diversity of Kosovo society. Fifteen members shall be appointed by the President of Kosovo in consultation with the Presidency, and the three other members shall be appointed by the members of assembly who that maintain reserved seats for Serb Community in Kosovo, and three members shall be appointed by the members of Kosovo Assembly who maintain reserved seats for other non-Albanian communities in Kosovo.

Article 10.3 also provides that the Commission shall establish special mechanisms to inform public regarding its work. It also says that ICR shall appoint its representatives to assist the work of this Commission including preparation of draft regulation on the work and evaluation of international models available for drafting the Constitution.

Article 10.4 notes that Kosovo Assembly can not approve the Constitution until the ICR sets the time, as defined by this Agreement. Assembly shall officially approve the Constitution with 120 days after this agreement enters into force and that shall be done by the current Kosovo Assembly Members, with the votes of the two thirds of members present and after the necessary consultations with the members of minorities in Kosovo. Official approval of the constitution shall be made by the Assembly of Kosovo and it will enter into force the first day after the transitional period takes place.

Article 10.5 says that 9 months after this agreement enters into force, Kosovo shall organize its general and municipal elections in accordance with the conditions of this agreement and borders of the new municipalities as defined by Annex II of this agreement. Elections shall be certified by an International competent authority, after the international standards are fulfilled.
Article 11 speaks about the International Civil Representative and the 11.1 notes that an International Steering Group (ISG), which will consist of key international partners, shall appoint ICR and they shall ask for the support of UN Security Council to make this appointment. ICR and EU Special Representative (EUSR), appointed by the CoE shall be the same person.

Article 11.2 says that ISG shall support and instruct ICR to fulfill his/her position.
Article 11.3 notes that ICR shall have overall supervisory responsibility and shall be the final authority in Kosovo to interpret this Agreement as it is specified in the Annex IX in particular in the Article 2 of this Agreement.

Article 11.4 notes that ICR shall exercise some responsibilities to ensure complete implantation of this Agreement, including competencies to undertake measures, if necessary to prevent or correct violations of this agreement.

According to article 11.5, ICR shall have comprehensive coordination role over the activities of other International organizations in Kosovo within the measures of responsibilities of ICR to monitor and ensure complete implementation of this agreement.

Article 11.6 notes that ICR mandate shall continue until ISG says that Kosovo has implemented conditions of this agreement.

Article 11.7 notes that ISG shall make its first review of the ICR mandate based on the level of implementation of this agreement, not later than two years after this agreement enters into force.

Article 12 on the International Support in the field of Rule of Law specifies that the EU will establish a Mission called European Security Defense Policy ESDP in the field of rule of law.

Article 12.2 notes that ESDP shall assist Kosovo authorities making their sustainable progress and further development and strength of independent judiciary, police, customs service, by ensuring that those institutions are free of political influence and in accordance with the international standards and European practices.
Article 12.3 notes that ESDP Mission shall support implementation of this agreement and it will offer guides, monitoring and advices in the field of rule of law in general by holding some competencies in particular in regard to jurisdiction, police, customs and correction services, while the length of the time and other modalities will be decided by CoE in accordance with Annexes IX and X of this agreement.

Article 13 of the document speaks about the International Military Presence (IMP) which is to support the implementation of the status agreement.
The force will be led by NATO but the military presence in Kosovo does not exclude the possibility of being replaced by another organization military mission with a revised mandate.

IMP will be responsible for providing a safe and secure environment in all the territory of Kosovo together with ICR until Kosovo institutions are ready to take responsibilities.

IMP, according to the plan, will also be in charge of preparing and training the new Kosovo Security Force whereas NATO will have the overall responsibility for establishing a Government civilian organization that would exercise control over the Force.
Provisional and final dispositions of the agreement are set out in Article 14.

According to this, the transitional period will consist of 120 days during which UNMIK would continue to exercise its mandate under the relevant UN SC resolution but also under consultations with ICR.

Constitutional Framework of Kosovo and other applicable laws would continue to remain in effect until the end of the transitional period while the Kosovo Assembly is expected to officially approve a new Constitution before the end of transitional phase.

During the transitional period, Kosovo Assembly will, in consultation with ICR, officially approve the necessary legislation in order to fully implement all the conditions of this Agreement. This legislation will not need an additional approval or promulgation by UNMIK and will enter into force immediately after the end of transitional period.

At the end of the transitional period, UNMIK’s mandate will expire and all the legislative and executive authority will be transferred en bloc to the Kosovo government authorities unless otherwise specified by the Agreement.

UNMIK Regulations promulgated by the SRSG including the administrative directives and executive decisions issued by SRSG as well as the laws approved by the Kosovo Assembly will continue to be applicable unless otherwise specified by this Agreement.

At the end, the document states that Kosovo will continue to be bound, on reciprocity principle, to all international agreements that have been signed by UNMIK on behalf of Kosovo.