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Ver.: 2019 1.32 Date: 2019-02-22
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Im folgenden wird von mir zur Dokumentationszwecken der "Rambouillet-Vertrag"
veröffentlicht, den die NATO-Staaten Rest-Jugoslawien aufdiktieren
wollten. Der Text wird ohne Kommentar von mir ins WEB gestellt, damit sich
ein jeder WEB-Surfer seine eigene Meinung zu diesem Dokument bilden kann.
Die NATO hat die Nicht-Unterzeichnung des "Vertrages" übrigens mit der Bombardierung Jugoslawiens beantwortet.
Heute wird von Afghanistan verlangt, ein "Sicherheitsabkommen" zu unterzeichnen, das ähnlich wie damals in Jugoslawien, den fremden Streitkräften Bewegungsfreiheit und
Immunität gewähren soll.
Steinmeier war am 9. Februar 2014 in Afghanistan, um die Führung des Landes zur Unterzeichnung zu bewegen.
Die afghanische Führung weigert sich indes, wie damals die Regierung von Jugoslawien, dieses "Abkommen" zu unterzeichnen. Die Unterzeichnung ist für das afghanische Volk,
wie auch Steinmeier weiss, völlig unannehmbar. Die Friedensfreunde in aller Welt müssen mit allen Mitteln dafür kämpfen, dass es Aghanistan nicht so ergeht, wie damals der Bundesrepublik Jugoslawien.
Dass Politiker der BRD zur Zeit leider keine strafrechtliche Verfolgung befürchten müssen, wenn sie Kriege gegen andere
Völker (mit) vorbereiten und durchführen, sieht man nur zum Beispiel an einer Einstellungsverfügung des Generalbundesanwalts beim Bundesgerichtshofes in Sachen "Schröder und andere",
(3 ARP 75/03-3 vom 24. März 2003)
die einer der Anzeigeerstatter auf seiner Homepage veröffentlicht hat.
Als Kriegsverbrecher gelten in Natostaaten eben nur die Verteidiger der Freiheit der Völker,
die von Nato-Truppen überfallen worden sind und nicht die Soldaten, die das Volk überfallen haben!
February 23, 1999
Interim agreement
The Parties to the present agreement,
Convinced of the need
for a peaceful and political solution in Kosovo as a prerequisite for stability
and democracy,
Determined to establish a peaceful environment in Kosovo,
Reaffirming their commitment to the Purposes and Principles of
the United Nations, as well as to OSCE principles, including the Helsinki
Final Act and the Charter of Paris for a new Europe,
Recalling the commitment of the international community to the
sovereignty and territorial integrity of the Federal Republic of Yugoslavia,
Recalling the basic elements/principles adopted by the Contact
Group at its ministerial meeting in London on January 29, 1999,
Recognizing the need for democratic self-government in Kosovo,
including full participation of the members of all national communities
in political decision-making,
Desiring to ensure the protection of the human rights of all
persons in Kosovo, as well as the rights of the members of all national
communities,
Recognizing the ongoing contribution of the OSCE to peace and
stability in Kosovo,
Noting that the present agreement has been concluded under the
auspices of the members of the Contact Group and the European Union and
undertaking with respect to these members and the European Union to abide
by this agreement,
Aware that full respect for the present agreement will be central
for the development of relations with European institutions,
Have agred as follows:
Framework
Article I: Principles
2. National communities and their members
shall have additional rights specified in Chapter 1. Kosovo, Federal, and
Republic authorities shall not interfere with the exercise of these additional
rights. The national communities shall be legally equal as specified herein,
and shall not use their additional rights to endanger the rights of other
national communities or the rights of citizens, the sovereignty and territorial
integrity of the Federal Republic of Yugoslavia, or the functioning of
representative democratic government in Kosovo.
3. All authorities in Kosovo shall
fully respect human rights, democracy, and the equality of citizens and
national communities.
4. Citizens in Kosovo shall have the
right to democratic self-government through legislative, executive, judicial,
and other institutions established in accordance with this agreement. They
shall have the opportunity to be represented in all institutions in Kosovo.
The right to democratic self-government shall include the right to participate
in free and fair elections.
5. Every person in Kosovo may have
access to international institutions for the protection of their rights
in accordance with the procedures of such institutions.
6. The Parties accept that they will
act only within their powers and responsibilities in Kosovo as specified
by this agreement. Acts outside those powers and responsibilities shall
be null and void. Kosovo shall have all rights and powers set forth herein,
including in particular as specified in the Constitution at Chapter 1.
This agreement shall prevail over any other legal provisions of the Parties
and shall be directly applicable. The Parties shall harmonize their governing
practices and documents with this agreement.
7. The Parties agree to cooperate fully
with all international organizations working in Kosovo on the implementation
of this agreement.
Article II: Confidence-Building Measures
End of Use of Force
2. The status of police and security
forces in Kosovo, including withdrawal of forces, shall be governed by
the terms of this agreement. Paramilitary and irregular forces in Kosovo
are incompatible with the terms of this agreement.
Return
4. The Parties shall cooperate fully
with all efforts by the United Nations High Commissioner for Refugees (UNHCR)
and other international and non-governmental organizations concerning the
repatriation and return of persons, including those organizations, monitoring
of the treatment of persons following their return.
Access for International Assistance
5. There shall be no impediments to
the normal flow of goods into Kosovo, including materials for the reconstruction
of homes and structures. The Federal Republic of Yugoslavia shall not require
visas, customs, or licensing for persons or things for the Implementation
Mission (IM), the UNHCR, and other international organizations, as well
as for nongovernmental organizations working in Kosovo as determined by
the Chief of the Implementation Mission (CIM).
6. All staff, whether national or international,
working with international or non-governmental organizations including
with the Yugoslav Red Cross, shall be allowed unrestricted access to the
Kosovo population for purposes of international assistance. All persons
in Kosovo shall similarly have safe, unhindered, and direct access to the
staff of such organizations.
Other Issues
7. Federal organs shall not take any
decisions that have a differential, disproportionate, injurious, or discriminatory
effect on Kosovo. Such decisions, if any, shall be void with regard to
Kosovo.
8. Martial law shall not be declared
in Kosovo.
9. The Parties shall immediately comply
with all requests for support from the Implementation Mission (IM). The
IM shall have its own broadcast frequencies for radio and television programming
in Kosovo. The Federal Republic of Yugoslavia shall provide all necessary
facilities, including frequencies for radio communications, to all humanitarian
organizations responsible for delivering aid in Kosovo.
Detention of Combatants and Justice
Issues
10. All abducted persons or other persons
held without charge shall be released. The Parties shall also release and
transfer in accordance with this agreement all persons held in connection
with the conflict. The Parties shall cooperate fully with the International
Committee of the Red Cross (ICRC) to facilitate its work in accordance
with its mandate, including ensuring full access to all such persons, irrespective
of their status, wherever they might be held, for visits in accordance
with the ICRC's standard operating procedures.
11. The Parties shall provide information,
through tracing mechanisms of the ICRC, to families of all persons who
are unaccounted for. The Parties shall cooperate fully with the ICRC and
the International Commission on Missing Persons in their efforts to determine
the identity, whereabouts, and fate of those unaccounted for.
12. Each Party:
(a) shall not prosecute anyone
for crimes related to the conflict in Kosovo, except for persons accused
of having committed serious violations of international humanitarian law.
In order to facilitate transparency, the Parties shall grant access to
foreign experts (including forensics experts) along with state investigators;
(b) shall grant a general amnesty for
all persons already convicted of committing politically motivated crimes
related to the conflict in Kosovo. This amnesty shall not apply to those
properly convicted of committing serious violations of international humanitarian
law at a fair and open trial conducted pursuant to international standards.
13. All Parties shall comply with their
obligation to cooperate in the investigation and prosecution of serious
violations of international humanitarian law.
(b)The Parties shall also allow complete,
unimpeded, and unfettered access to international expertsincluding forensics
experts and investigators to investigate allegations of serious violations
of international humanitarian law.
Independent Media
Chapter I
Constitution
Affirming their belief in a
peaceful society, justice, tolerance, and reconciliation,
Resolved to ensure respect for
human rights and the equality of all citizens and national communities,
Recognizing that the preservation
and promotion of the national, cultural, and linguistic identity of each
national community in Kosovo are necessary for the harmonious development
of a peaceful society,
Desiring through this interim
Constitution to establish institutions of democratic self-government in
Kosovo grounded in respect for the territorial integrity and sovereignty
of the Federal Republic of Yugoslavia and from this agreement, from which
the authorities of governance set forth herein originate,
Recognizing that the institutions
of Kosovo should fairly represent the national communities in Kosovo and
foster the exercise of their rights and those of their members,
Recalling and endorsing the
principles/basic elements adopted by the Contact Group at its ministerial
meeting in London on January 29, 1999,
Article I: Principles of Democratic
Self-Government in Kosovo
1. Kosovo shall govern itself democratically
through the legislative, executive, judicial, and other organs and institutions
specified herein. Organs and institutions of Kosovo shall exercise their
authorities consistent with the terms of this agreement.
2. All authorities in Kosovo shall
fully respect human rights, democracy, and the equality of citizens and
national communities.
3. The Federal Republic of Yugoslavia
has competence in Kosovo over the following areas, except as specified
elsewhere in this agreement: (a) territorial integrity, (b) maintaining
a common market within the Federal Republic of Yugoslavia, which power
shall be exercised in a manner that does not discriminate against Kosovo,
(c) monetary policy, (d) defense, (e) foreign policy, (f) customs services,
(g) federal taxation, (h) federal elections, and (i) other areas specified
in this agreement.
4. The Republic of Serbia shall have
competence in Kosovo as specified in this agreement, including in relation
to Republic elections.
5. Citizens in Kosovo may continue
to participate in areas in which the Federal Republic of Yugoslavia and
the Republic of Serbia have competence through their representation in
relevant institutions, without prejudice to the exercise of competence
by Kosovo authorities set forth in this agreement.
6. With respect to Kosovo:
(b) Deployment and use of police and
security forces shall be governed by Chapters 2 and 7 of this agreement;
and
(c) Kosovo shall have authority to
conduct foreign relations within its areas of responsibility equivalent
to the power provided to Republics under Article 7 of the Constitution
of the Federal Republic of Yugoslavia.
7. There shall be no interference with
the right of citizens and national communities in Kosovo to call upon appropriate
institutions of the Republic of Serbia for the following purposes:
(b) participation in social benefits
programs, such as care for war veterans, pensioners, and disabled persons;
and
(c) other voluntarily received services,
provided that these services are not related to police and security matters
governed by Chapters 2 and 7 of this agreement, and that any Republic personnel
serving in Kosovo pursuant to this paragraph shall be unarmed service providers
acting at the invitation of a national community in Kosovo.
The Republic shall have the authority
to levy taxes or charges on those citizens requesting services pursuant
to this paragraph, as necessary to support the provision of such services.
8. The basic territorial unit of local
self-government in Kosovo shall be the commune. All responsibilities in
Kosovo not expressly assigned elsewhere shall be the responsibility of
the communes.
9. To preserve and promote democratic
self-government in Kosovo, all candidates for appointed, elective, or other
public office, and all office holders, shall meet the following criteria:
(b) All candidates and office holders
shall renounce violence as a mechanism for achieving political goals; past
political or resistance activities shall not be a bar to holding office
in Kosovo.
Article II: The assembly
General
1. Kosovo shall have an assembly, which
shall be comprised of 120 Members.
(b) A further 40 members shall be elected
by the members of qualifying national communities.
(i) Communities whose members
constitute more than 0.5 per cent of the Kosovo population but less than
5 % shall have ten of these seats, to be divided among them in accordance
with their proportion of the overall population.
(ii) Communities whose members constitute
more than 5 per cent of the Kosovo population shall divide the remaining
thirty seats equally. The Serb and Albanian national communities shall
be presumed to meet the 5 per cent population threshold.
Other Provisions
2. Elections for all Members shall
be conducted democratically, consistent with the provisions of Chapter
3 of this agreement. Members shall be elected for a term of three years.
3. Allocation of seats in the Assembly
shall be based on data gathered in the census referred to in Chapter 5
of this agreement. Prior to the completion of the census, for purposes
of this Article declarations of national community membership made during
voter registration shall be used to determine the percentage of the Kosovo
population that each national community represents.
4. Members of the Assembly shall be
immune from all civil or criminal proceedings on the basis of words expressed
or other acts performed in their capacity as Members of the Assembly.
Powers of the Assembly
5. The Assembley shall be responsible
for enacting law of Kosovo, including in political, security, economic,
social, educational, scientific, and cultural areas as set out below and
elsewhere in this agreement. This Constitution and the laws of the Kosovo
Assembly shall not be subject to change or modification by authorities
of the Republics or the Federation.
(a) the Assembly shall be responsible
for:
(ii)Adopting budgets of the Administrative
organs and other institutions of Kosovo, with the exception of communal
and national community institutions unless otherwise specified herein;
(iii) Adopting regulations concerning
the organization and procedures of the Administrative Organs of Kosovo;
(iv) Approving the list of Ministers
of the Government, including the Prime Minister;
(v) Coordinating educational arrangements
in Kosovo, with respect for the authorities of national communities and
Communes;
(vi) Electing candidates for judicial
office put forward by the President of Kosovo;
(vii) Enacting laws ensuring free movement
of goods, services, and persons in Kosovo consistent with this agreement;
(viii) Approving agreements concluded
by the President within the areas of responsibility of Kosovo;
(ix) Cooperating with the Federal Assembly,
and with the Assemblies of the Republics, and conducting relations with
foreign legislative bodies;
(x) Establishing a framework for local
self government;
(xi) Enacting laws concerning inter-communal
issues and relations between national communities, when necessary;
(xii)Enacting laws regulating the work
of medical institutions and hospitals;
(xiii)Protecting the environment, where
intercommunal issues are involved;
(xiv) Adopting programs of economic,
scientific, technological, demographic, regional, and social development,
as well as urban planning;
(xv) Adopting programs for the development
of agriculture and of rural areas;
(xvi)Regulating elections consistent
with Chapters 3 and 5;
(xvii)Regulating Kosovo-owned property;
and
(xviii)Regulating land registries.
(b) The Assembly shall also have authority
to enact laws in areas within the responsibility of the Communes if the
matter cannot be effectively regulated by the Communes or if regulation
by individual Communes might prejudice the rights of other Communes. In
the absence of a law enacted by the Assembly under this subparagraph that
preempts communal action, the Communes shall retain their authority.
Procedure
6. Laws and other decisions of the
Assembly shall be adopted by majority of Members present and voting.
7. A majority of the Members of a single
national community elected to the Assembly pursuant to paragraph 1 (b)
may adopt a motion that a law or other decision adversely affects the vital
interests of their national community. The challenged law or decision shall
be suspended with regard to that national community until the dispute settlement
procedure in paragraph 8 is completed.
8. The following procedure shall be
used in the event of a motion under paragraph 7:
(b) The Members making the motion shall
appoint within one day a mediator of their choice to assist in reaching
an agreement with those proposing the legislation.
(c) If mediation does not produce an
agreement within seven days, the matter may be submitted for a binding
ruling. The decision shall be rendered by a panel comprising three Members
of the Assembly: one Albanian and one Serb, each appointed by his or her
national community delegation; and a third Member, who will be of a third
nationality and will be selected within two days by consensus of the Presidency
of the Assembly.
(i) A vital interest motion
shall be upheld if the legislation challenged adversely affects the community's
fundamental constitutional rights, additional rights as set forth in Article
VII, or the principle of fair treatment.
(ii) If the motion is not upheld, the
challenged legislation shall enter into force for that community.
(d) Paragraph (c) shall not apply to the
selection of Assembly officials.
(e) The Assembly may exclude other
decisions from this procedure by means of a law enacted by a majority that
includes a majority of each national community elected pursuant to paragraph
1 (b).
9. A majority of the Members shall constitute
a quorum. The Assembly shall otherwise decide its own rules of procedure.
Leadership
10. The Assembly shall elect from among
its Members a Presidency, which shall consist of a President, two Vice-Presidents,
and other leaders in accordance with the Assembly's rules of procedure.
Each national community meeting the threshold specified in paragraph 1
(b) (ii) shall be represented in the leadership. The President of the Assembly
shall not be from the same national community as the President of Kosovo.
11. The President of the Assembly shall
represent it, call its sessions to order, chair its meetings, coordinate
the work of any committees it may establish, and perform other tasks prescribed
by the rules of procedure of the Assembly.
Article III: President of Kosovo
1. There shall be a President of Kosovo,
who shall be elected by the Assembly by vote of a majority of its Members.
The President of Kosovo shall serve for a three-year term. No person may
serve more than two terms as President of Kosovo.
2. The President of Kosovo shall be
responsible for:
(ii) Proposing to the Assembly candidates
for Prime Minister, the Constitutional Court, the Supreme Court, and other
Kosovo judicial offices;
(iii) Meeting regularly with the democratically
elected representatives of the national communities;
(iv) Conducting foreign relations and
concluding agreements within this power consistent with the authorities
of Kosovo institutions under this agreement.Such agreements shall only
enter into force upon approval by the Assembly;
(v) Designating a representative to
serve on the Joint Commission established by Article 1.2 of Chapter 5 of
this agreement;
(vi) Meeting regularly with the Federal
and Republic Presidents; and
(vii) Other functions specified herein
or by law.
Article IV: Government and Administrative
Organs
1. Executive power shall be exercised
by the Government. The Government shall be responsible for implementing
the laws of Kosovo, and of other government authorities when such responsibilities
are devolved by those authorities. The Government shall also have competence
to propose laws to the Assembly.
(b) The candidate for Prime Minister
proposed by the President shall put forward a list of Ministers to the
Assembly. The Prime Minister, together with the list of Ministers, shall
be approved by a majority of those present and voting in the Assembly.
In the event that the Prime Minister is not able to obtain a majority for
the Government, the President shall propose a new candidate for Prime Minister
within ten days.
(c) The Government shall resign if
a no confidence motion is adopted by a vote of a majority of the members
of the Assembly. If the Prime Minister or the Government resigns, the President
shall select a new candidate for Prime Minister who shall seek to form
a Government.
(d) The Prime Minister shall call meetings
of the Government, represent it as appropriate, and coordinate its work.
Decisions of the Government shall require a majority of Ministers present
and voting. The Prime Minister shall cast the deciding vote in the event
Ministers are equally divided. The Government shall otherwise decide its
own rules of procedure.
2. Administrative Organs shall be responsible
for assisting the Government in carrying out its duties.
(b) Any citizen in Kosovo claiming
to have been directly and adversely affected by the decision of an executive
or administrative body shall have the right to judicial review of the legality
of that decision after exhausting all avenues for administrative review.
The Assembly shall enact a law to regulate this review.
3. There shall be a Chief Prosecutor who
shall be responsible for prosecuting individuals who violate the criminal
laws of Kosovo. He shall head an Office of the Prosecutor, which shall
at all levels have staff representative of the population of Kosovo.
Article V: Judiciary
General
1. Kosovo shall have a Constitutional
Court, a Supreme Court, District Courts, and Communal Courts.
2. The Kosovo courts shall have jurisdiction
over all matters arising under this Constitution or the laws of Kosovo
except as specified in paragraph 3. The Kosovo courts shall also have jurisdiction
over questions of federal law, subject to appeal to the Federal courts
on these questions after all appeals available under the Kosovo system
have been exhausted.
3. Citizens in Kosovo may opt to have
civil disputes to which they are party adjudicated by other courts in the
Federal Republic of Yugoslavia, which shall apply the law applicable in
Kosovo.
4. The following rules will apply to
criminal cases:
(b) In criminal cases in which all
defendants and victims are members of the same national community, all
members of the judicial council will be from a national community of their
choice if any party so requests.
(c) A defendant in a criminal case
tried in Kosovo courts is entitled to have at least one member of the judicial
council hearing the case to be from his or her national community. Kosovo
authorities will consider and allow judges of other courts in the Federal
Republic of Yugoslavia to serve as Kosovo judges for these purposes.
Constitutional Court
5. The Constitutional Court shall consist
of nine judges. There shall be at least one Constitutional Court judge
from each national community meeting the threshold specified in paragraph
1(b)(ii) of Article II. Until such time as the Parties agree to discontinue
this arrangement, 5 judges of the Constitutional Court shall be selected
from a list drawn up by the President of the European Court of Human Rights.
6. The Constitutional Court shall have
authority to resolve disputes relating to the meaning of this Constitution.
That authority shall include, but is not limited to, determining whether
laws applicable in Kosovo, decisions or acts of the President, the Assembly,
the Government, the Communes, and the national communities are compatible
with this Constitution.
(b) Any court which finds in the course
of adjudicating a matter that the dispute depends on the answer to a question
within the Constitutional Court's jurisdiction shall refer the issue to
the Constitutional Court for a preliminary decision.
7. Following the exhaustion of other legal
remedies, the Constitutional Court shall at the request of any person claiming
to be a victim have Jurisdiction over complaints that human rights and
fundamental freedoms and the rights of members of national communities
set forth in this Constitution have been violated by a public authority.
8. The Constitutional Court shall have
such other jurisdiction as may be specified elsewhere in this agreement
or by law.
Supreme Court
9. The Supreme Court shall consist
of nine judges. There shall be at least one Supreme Court judge from each
national community meeting the threshold specified in paragraph 1(b)(ii)
of Article II.
10. The Supreme Court shall hear appeals
from the District Courts and the Communal Courts. Except as otherwise provided
in this Constitution, the Supreme Court shall be the court of final appeal
for all cases arising under law applicable in Kosovo. Its decisions shall
be recognized and executed by all authorities in the Federal Republic of
Yugoslavia.
Functioning of the Courts
11. The Assembly shall determine the
number of District and Communal Court judges necessary to meet current
needs.
12. Judges of all courts in Kosovo
shall be distinguished jurists of the highest moral character. They shall
be broadly representative of the national communities of Kosovo.
13. Removal of a Kosovo judge shall
require the consensus of the judges of the Constitutional Court. A Constitutional
Court judge whose removal is in question shall not participate in the decision
on his case.
14. The Constitutional Court shall
adopt rules for itself and for other courts in Kosovo. The Constitutional
and Supreme Courts shall each adopt decisions by majority vote of their
members.
15. Except as otherwise specified in
their rules, all Kosovo courts shall hold public proceedings. They shall
issue published opinions setting forth the reasons for their decisions.
Article VI: Human Rights and Fundamental
Freedoms
1. All authorities in Kosovo shall
ensure internationally recognized human rights and fundamental freedoms.
2. The rights and freedoms set forth
in the European Convention for the Protection of Human Rights and Fundamental
Freedoms and its Protocols shall apply directly in Kosovo. Other internationally
recognized human rights instruments enacted into law by the Kosovo Assembly
shall also apply. These rights and freedoms shall have priority over all
other law.
3. All courts, agencies, governmental
institutions, and other public institutions of Kosovo or operating in relation
to Kosovo shall conform to these human rights and fundamental freedoms.
Article VII: National Communities
1. National communities and their members
shall have additional rights as set forth below in order to preserve and
express their national, cultural, religious, and linguistic identities
in accordance with international standards and the Helsinki Final Act.
Such rights shall be exercised in conformity with human rights and fundamental
freedoms.
2. Each national community may elect,
through democratic means and in a manner consistent with the principles
of Chapter 3 of this agreement, institutions to administer its affairs
in Kosovo.
3. The national communities shall be
subject to the laws applicable in Kosovo, provided that any act or decision
concerning national communities must be nondiscriminatory. The Assembly
shall decide upon a procedure for resolving disputes between national communities.
4. The additional rights of the national
communities, acting through their democratically elected institutions,
are to:
(a) preserve and protect their national,
cultural, religious, and linguistic identities, including by:
(ii) providing information in the language
and alphabet of the national community;
(iii) providing for education and establishing
educational institutions, in particular for schooling in their own language
and alphabet and in national culture and history, for which relevant authorities
will provide financial assistance; curricula shall reflect a spirit of
tolerance between national communities and respect for the rights of members
of all national communities in accordance with international standards;
(iv) enjoying unhindered contacts with
representatives of their respective national communities, within the Federal
Republic of Yugoslavia and abroad;
(v) using and displaying national symbols,
including symbols of the Federal Republic of Yugoslavia and the Republic
of Serbia;
(vi) protecting national traditions
on family law by, if the community decides, arranging rules in the field
of inheritance; family and matrimonial relations; tutorship; and adoption;
(vii) the preservation of sites of
religious, historical, or cultural importance to the national community
in cooperation with other authorities;
(viii) implementing public health and
social services on a non-discriminatory basis as to citizens and national
communities;
(ix) operating religious institutions
in cooperation with religious authorities; and
(x) participating in regional and international
non-governmental organizations in accordance with
procedures of these organizations;
(b) be guaranteed access to, and representation
in, public broadcast media, including provisions for separate programming
in relevant languages under the direction of those nominated by the respective
national community on a fair and equitable basis; and
(c) finance their activities by collecting
contributions the national communities may decide to levy on members of
their own communities.
5. Members of national communities shall
also be individually guaranteed:
(b) equal access to employment in public
services at all levels;
(c) the right to use their languages
and alphabets;
(d) the right to use and display national
community symbols;
(e) the right to participate in democratic
institutions that will determine the national community's exercise of the
collective rights set forth in this Article; and
(f) the right to establish cultural
and religious associations, for which relevant authorities will provide
financial assistance.
6. Each national community and, where
appropriate, their members acting individually may exercise these additional
rights through Federal institutions and institutions of the Republics,
in accordance with the procedures of those institutions and without prejudice
to the ability of Kosovo institutions to carry out their responsibilities.
7. Every person shall have the right
freely to choose to be treated or not to be treated as belonging to a national
community, and no disadvantage shall result from that choice or from the
exercise of the rights connected to that choice.
Article VIII: Communes
1. Kosovo shall have the existing communes.
Changes may be made to communal boundaries by act of the Kosovo Assembly
after consultation with the authorities of the communes concerned.
2. Communes may develop relationships
among themselves for their mutual benefit.
3. Each commune shall have an Assembly,
an Executive Council, and such administrative bodies as the commune may
establish.
(b) Prior to the completion of a census,
disputes over communal population percentages for purposes of this paragraph
shall be resolved by reference to declarations of national community membership
in the voter registry.
4. The communes shall have responsibility
for:
(b) regulating and, when appropriate,
providing child care;
(c) providing education, consistent
with the rights and duties of national communities, and in a spirit of
tolerance between national communities and respect for the rights of the
members of all national communities in accordance with international standards;
(d) protecting the communal environment;
(e) regulating commerce and privately-owned
stores;
(f) regulating hunting and fishing;
(g) planning and carrying out public
works of communal importance, including roads and water supplies, and participating
in the planning and carrying out of Kosovo-wide public works projects in
coordination with other communes and Kosovo authorities;
(h) regulating land use, town planning,
building regulations, and housing construction;
(i) developing programs for tourism,
the hotel industry, catering, and sport;
(j) organizing fairs and local markets;
(k) organizing public services of communal
importance, including fire, emergency response, and police consistent with
Chapter 2 of this agreement; and
(l) financing the work of communal
institutions, including raising revenues, taxes, and preparing budgets.
5. The communes shall also have responsibility
for all other areas within Kosovo's authority not expressly assigned elsewhere
herein, subject to the provisions of Article II.5(b) of this Constitution.
6. Each commune shall conduct its business
in public and shall maintain publicly available records of its deliberations
and decisions.
Article IX: Representation
1. Citizens in Kosovo shall have the
right to participate in the election of:
(b) At least 20 deputies in the National
Assembly of the Republic of Serbia.
2. The modalities of elections for the
deputies specified in paragraph 1 shall be determined by the Federal Republic
of Yugoslavia and the Republic of Serbia respectively, under procedures
to be agreed with the Chief of the Implementation Mission.
3. The Assembly shall have the opportunity
to present to the appropriate authorities a list of candidates from which
shall be drawn:
(b) At least one judge on the Federal
Constitutional Court, one judge on the Federal Court, and three judges
on the Supreme Court of Serbia.
Article X: Amendment
1. The Assembly may by a majority of
two-thirds of its Members, which majority must include a majority of the
Members elected from each national community pursuant to Article II.1(b)(ii),
adopt amendments to this Constitution.
2. There shall, however, be no amendments
to Article 1.3-8 or to this Article, nor shall any amendment diminish the
rights granted by Articles VI and VII.
Article XI: Entry into Force
This Constitution shall enter into
force upon signature of this agreement.
Chapter 2
Police and Civil Public Security
Article I: General Principles
1. All law enforcement agencies, organizations
and personnel of the Parties, which for purposes of this Chapter will include
customs and border police operating in Kosovo, shall act in compliance
with this agreement and shall observe internationally recognized standards
of human rights and due process. In exercising their functions, law enforcement
personnel shall not discriminate on any ground, such as sex, race, color,
language, religion, political or other opinion, national or social origin,
association with a national community, property, birth or other status.
2. The Parties invite the Organization
for Security and Cooperation in Europe (OSCE) through its Implementation
Mission (IM) to monitor and supervise implementation of this Chapter and
related provisions of this agreement. The Chief of the Implementation Mission
(CIM) or his designee shall have the authority to issue binding directives
to the Parties and subsidiary bodies on police and civil public security
matters to obtain compliance by the Parties with the terms of this Chapter.
The Parties agree to cooperate fully with the IM and to comply with its
directives. Personnel assigned to police-related duties within the IM shall
be permitted to wear a uniform while serving in this part of the mission.
3. In carrying out his responsibilities,
the CIM will inform and consult KFOR as appropriate.
4. The IM shall have the authority
to:
(b) Advise law enforcement personnel
and forces, including border police and customs units, and, when necessary
to bring them into compliance with this agreement, including this Chapter,
issue appropriate binding directions in coordination with KFOR;
(c) Participate in and guide the training
of law enforcement personnel;
(d) In coordination with KFOR, assess
threats to public order;
(e) Advise and provide guidance to
governmental authorities on how to deal with threats to public order and
on the organization of effective civilian law enforcement agencies;
(f) Accompany the Parties' law enforcement
personnel as they carry out their responsibilities, as the IM deems appropriate;
(g) Dismiss or discipline public security
personnel of the Parties for cause; and
(h) Request appropriate law enforcement
support from the international community to enable IM to carry out the
duties assigned in this Chapter.
5. All Kosovo, Republic and Federal law
enforcement and Federal military authorities shall be obligated, in their
respective areas of authority, to ensure freedom of movement and safe passage
for all persons, vehicles and goods. This obligation includes a duty to
permit the unobstructed passage into Kosovo of police equipment which has
been approved by the CIM and COMKFOR for use by Kosovo police, and of any
other support provided under subparagraph 4(h) above.
6. The Parties undertake to provide
one another mutual assistance, when requested, in the surrender of those
accused of committing criminal acts within a Party's jurisdiction, and
in the investigation and prosecution of offenses across the boundary of
Kosovo with other parts of the FRY. The Parties shall develop agreed procedures
and mechanisms for responding to these
requests. The CIM or his designee shall resolve disputes on these matters.
7. The IM shall aim to transfer law
enforcement responsibilities described in Article II below to the law enforcement
officials and organizations described in Article II at the earliest practical
time consistent with civil public security.
Article II: Communal Police
1. As they build up, communal police
units, organized and stationed at the communal and municipal levels, shall
assume primary responsibility for law enforcement in Kosovo. The specific
responsibilities of the communal police will include police patrols and
crime prevention, criminal investigations, arrest and detention of criminal
suspects, crowd control, and traffic control.
2. Number and Composition. The
total number of communal police established by this agreement operating
within Kosovo shall not exceed 3,000 active duty law enforcement officers.
However, the CIM shall have the authority to increase or decrease this
personnel ceiling if he determines such action is necessary to meet operational
needs. Prior to taking any such action, the CIM shall consult with the
Criminal Justice Administration and other officials as appropriate. The
national communities in each commune shall be fairly represented in the
communal police unit.
3. Criminal Justice Administration.
(b) Within twelve months of the establishment
of the CJA, the CJA shall submit for review by the CIM a plan for the coordination
and development of law enforcement bodies and personnel in Kosovo within
its jurisdiction. This plan shall serve as the framework for law enforcement
coordination and development in Kosovo and be subject to modification by
the CIM.
(c) The IM will endeavor to develop
the capacities of the CJA as quickly as possible. Prior to the point when
the CJA is able to properly carry out the functions described in the preceding
paragraph, as determined by the CIM, the IM shall carry out these functions.
4.Communal Commanders. Subject
to review by the CIM, each commune will appoint, and may remove
for cause, by majority vote of the communal council, a communal police
commander with responsibility for police operations within the commune.
5. Service in Police.
(b) Recruitment, selection and training
of communal police officers shall be conducted under the direction of the
IM during the period of its operation.
(c) There shall be no bar to service
in the communal police based on prior political activities. Members of
the police shall not, however, be permitted while they hold this public
office to participate in party political activities other than membership
in such a party.
(d) Continued service in the police
is dependent upon behavior consistent with the terms of this agreement,
including this Chapter. The IM shall supervise regular reviews of officer
performance, which shall be conducted in accordance with international
due process norms.
(b) Communal police officers may be
equipped with a sidearm, handcuffs, a baton, and a radio.
(c) Subject to authorization or modification
by the CIM, each commune may maintain, either at the communal headquarters
or at municipal stations, no more than one long-barreled weapon not to
exceed 7.62 mm. for every fifteen police officers assigned to the commune.
Each such weapon must be approved by and registered with the IM and KFOR
pursuant to procedures established by the CIM and COMKFOR. When not in
use, all such weapons will be securely stored and each commune will keep
a registry of these weapons.
(i) In the event of a serious
law enforcement threat that would justify the use of these weapons, the
communal police commander shall obtain IM approval before employing these
weapons.
(ii) The communal police commander
may authorize the use of these weapons without prior approval of the IM
for the sole purpose of self-defense. In such cases, he must report the
incident no later than one hour after it occurs to the IM and KFOR.
(iii) If the CIM determines that a
weapon has been used by a member of a communal police force in a manner
contrary to this Chapter, he may take appropriate corrective measures;
such measures may include reducing the number of such weapons that the
communal police force is allowed to possess or dismissing or disciplining
the law enforcement personnel involved.
(d) Communal police officers engaged in
crowd control functions will receive equipment appropriate to their task,
including batons, helmets and shields, subject to IM approval.
Article III: Interim Police Academy
1. Under the supervision of the IM,
the CJA shall establish an interim Police Academy that will offer mandatory
and professional development training for all public security personnel,
including border police. Until the interim police academy is established,
IM will oversee a temporary training program for public security personnel
including border police.
2. All public security personnel shall
be required to complete a course of police studies successfully before
serving as communal police officers.
3. The Academy shall be headed by a
Director appointed and removed by the CJA in consultation with the Kosovo
Criminal Justice Commission and the IM. The Director shall consult closely
with the IM and comply fully with its recommendations and (guidance.
4. All Republic and Federal police
training facilities in Kosovo, including the academy at Vucitrn, will cease
operations within 6 months of the entry into force of this agreement.
Article IV: Criminal Justice Commissions
1. The parties shall establish a Kosovo
Criminal Justice Commission and Communal Criminal Justice Commissions.
The CIM or his designee shall chair meetings of these Commissions. They
shall be forums for cooperation, coordination and the resolution of disputes
concerning law enforcement and civil public security in Kosovo.
2. The functions of the Commissions
shall include the following:
(b) Review, and make recommendations
regarding the recruitment, selection and training of communal police officers
and commanders;
(c) Consider complaints regarding police practices filed
by individuals or national communities, and provide information and recommendations
to communal police commanders and the CIM for consideration in their reviews
of officer performance; and
(d) In the Kosovo Criminal Justice Commission only: In
consultation with designated local, Republic and Federal police liaisons,
monitor jurisdiction sharing in cases of overlapping criminal jurisdiction
between Kosovo, Republic and Federal authorities.
3. The membership of the Kosovo Criminal
Justice Commission and each Communal Criminal Justice Commission shall
be representative of the population and shall include:
(ii) the head of the Kosovo CJA;
(iii) a representative of each Republic
and Federal law enforcement component operating in Kosovo (for example,
Customs police and Border police);
(iv) a representative of each national
community;
(v) a representative of the IM, during
its period of operation in Kosovo;
(vi) a representative of the Vi border
guard, as appropriate;
(vii) a representative of the MUP,
as appropriate, while present in Kosovo; and
(viii) A representative of KFOR, as
appropriate.
(b) In the Communal Criminal Justice Commissions:
(ii) a representative of any Republic
and Federal law enforcement component operating in the commune;
(iii) a representative of each national
community;
(iv) a civilian representative of the
communal government;
(v) a representative of the IM, during
its period of operation in Kosovo;
(vi) a representative of the VJ border
guard, who shall have observer status, as appropriate; and
(vii) A representative of KFOR, as
appropriate.
4. Each Criminal Justice Commission shall
meet at least monthly, or at the request of any Commission member.
Article V: Police Operations in
Kosovo
1. The communal police established
by this agreement shall have exclusive law enforcement authority and jurisdiction
and shall be the only police presence in Kosovo following the reduction
and eventual withdrawal from Kosovo by the MUP, with the exception of border
police as specified in Article VI and any support provided pursuant to
Article I(3)(h).
(b) During the period of the phased
drawdown of the MUP, the MUP in Kosovo shall have authority to conduct
only civil police functions and shall be under the supervision and control
of the CIM. The IM may dismiss from service, or take other appropriate
disciplinary action against, MUP personnel who obstruct implementation
of this agreement.
2. Concurrent Law Enforcement in Kosovo.
(ii) In the event the pursuit is of
such short duration as to preclude notification, Kosovo law enforcement
officials shall be notified that an apprehension has been made and shall
be given access to the detainee prior to his removal from Kosovo.
(iii) Personnel engaged in hot pursuit
under the provisions of this Article may only be civilian police,
may only carry weapons appropriate for normal civilian police duties (sidearms,
and long-barreled weapons not to exceed 7.62mm), may only travel in officially
marked police vehicles, and may not exceed a total of eight personnel at
any one time. Travel in armored personnel carriers by police engaged in
hot pursuit is strictly prohibited.
(iv) The same rules shall apply to
hot pursuit of suspects by Kosovo law enforcement authorities to Federal
territory outside of Kosovo.
(b) All Parties shall provide the highest
degree of mutual assistance in law enforcement matters in response to reasonable
requests.
Article VI: Security on International
Borders
1. The Government of the FRY will maintain
official border crossings on its international borders (Albania and FYROM).
2. Personnel from the organizations
listed below may be present along Kosovo's international borders and at
international border crossings, and may not act outside the scope of the
authorities specified in this Chapter.
(ii) While maintaining the personnel
threshold specified in subparagraph (i), the ranks of the existing Border
Police units operating in Kosovo shall be supplemented by new recruits
so that they are representative of the Kosovo population.
(iii) All Border Police stationed in
Kosovo must attend police training at the Kosovo police academy within
18 months of the entry into force of this agreement.
(b) Customs Officers
(i) The FRY Customs Service
will continue to exercise customs jurisdiction at Kosovo's official international
border crossings and in such customs warehouses as may be necessary within
Kosovo. The total number of customs personnel shall be drawn down to 50
within 14 days of the entry into force of this agreement.
(ii) Kosovar Albanian officers of the
Customs Service shall be trained and compensated by the FRY.
(c) The CIM shall conduct a periodic review of customs and
border police requirements and shall have the authority to increase or
decrease the personnel ceilings described in paragraphs (a)(i) and (b)(i)
above to reflect operational needs and to adjust the composition of individual
customs units.
Article VII: Arrest and Detention
1. Except pursuant to Article V, Article
I(3)(h), and sections (a)-(b) of this paragraph, only officers of the communal
police shall have authority to arrest and detain individuals in Kosovo.
(b) Officers of the Customs Service
shall have authority within Kosovo to arrest and detain individuals for
criminal violations of the customs laws.
2. Immediately upon making an arrest,
the arresting officer shall notify the nearest Communal Criminal Justice
Commission of the detention and the location of the detainee. He subsequently
shall transfer the detainee to the nearest appropriate jail in Kosovo at
the earliest opportunity.
3. Officers may use reasonable and
necessary force proportionate to the circumstances to effect arrests and
keep suspects in custody.
4. Kosovo and its constituent communes
shall establish jails and prisons to accommodate the detention of criminal
suspects and the imprisonment of individuals convicted of violating the
laws applicable in Kosovo. Prisons shall be operated consistent with international
standards. Access shall be provided to international personnel, including
representatives of the International Committee of the Red Cross.
Article VIII: Administration of
Justice
1. Criminal Jurisdiction over Persons
Arrested within Kosovo.
(b) Any person arrested within Kosovo,
in accordance with the law and with this agreement, by the Border Police
or Customs Police shall be subject to the jurisdiction of the FRY courts.
If there is no applicable court of the FRY to hear the case, the Kosovo
courts shall have jurisdiction.
2. Prosecution of Crimes
(b) The IM shall have the authority
to monitor, observe, inspect, and when necessary, direct the operations
of the Office of the Prosecutor and any and all related staff.
Article IX: Final Authority to Interpret
The CIM is the final authority regarding
interpretation of this Chapter and his determinations are binding on all
Parties and persons.
Chapter 3
Conduct and Supervision of Elections
Article I: Conditions for Elections
1. The Parties shall ensure that conditions
exist for the organization of free and fair elections, which include but
are not limited to:
c) an environment conducive to the
return of displaced persons;
d) a safe and secure environment that
ensures freedom of assembly, association, and expression;
e) an electoral legal framework of rules and regulations
complying with OSCE commitments, which will be implemented by a Central
Election Commission, as set forth in Article III, which is representative
of the population of Kosovo in terms of national communities and political
parties; and
f) free media, effectively accessible
to registered political parties and candidates, and available to voters
throughout Kosovo.
2. The Parties request the OSCE to certify
when elections will be effective under current conditions in Kosovo, and
to provide assistance to the Parties to create conditions for free and
fair elections.
3. The Parties shall comply fully with
Paragraphs 7 and 8 of the OSCE Copenhagen Document, which are attached
to this Chapter.
Article II: Role of the OSCE
1. The Parties request the OSCE to
adopt and put in place an elections program for Kosovo and supervise elections
as set forth in this agreement.
2. The Parties request the OSCE to
supervise, in a manner to be determined by the OSCE and in cooperation
with other international organizations the OSCE deems necessary, the preparation
and conduct of elections for:
b) Members of Communal Assemblies;
c) Other officials popularly elected
in Kosovo under this agreement and the laws and Constitution of Kosovo
at the discretion of the OSCE.
3. The Parties request the OSCE to establish
a Central Election Commission in Kosovo ("the Commission").
4. Consistent with Article IV of Chapter
5, the first elections shall be held within nine months of the entry into
force of this agreement. The President of the Commission shall decide,
in consultation with the Parties, the exact timing and order of elections
for Kosovo political offices.
Article III: Central Election Commission
1. The Commission shall adopt electoral
Rules and Regulations on all matters necessary for the conduct of free
and fair elections in Kosovo, including rules relating to: the eligibility
and registration of candidates, parties, and voters, including displaced
persons and refugees; ensuring a free and fair elections campaign; administrative
and technical preparation for elections including the establishment, publication,
and certification of election results; and the role of international and
domestic election observers.
2 The responsibilities of the Commission,
as provided in the electoral Rules and Regulations, shall include:
b) ensuring compliance with the electoral
Rules and Regulations established pursuant to this agreement, including
establishing auxiliary bodies for this purpose as necessary;
c) ensuring that action is taken to
remedy any violation of any provision of this agreement, including imposing
penalties such as removal from candidate or party lists, against any person,
candidate, political party, or body that violates such provisions; and
d) accrediting observers, including
personnel from international organizations and foreign and domestic non-governmental
organizations, and ensuring that the Parties grant the accredited observers
unimpeded access and movement.
3. The Commission shall consist of a person
appointed by the Chairman-in-Office (CIO) of the OSCE, representatives
of all national communities, and representatives of political parties in
Kosovo selected by criteria to be determined by the Commission. The person
appointed by the CIO shall act as the President of the Commission. The
rules of procedure of the Commission shall provide that in the exceptional
circumstance of an unresolved dispute within the Commission, the decision
of the President shall be final and binding.
4. The Commission shall enjoy the right
to establish communication facilities, and to engage local and administrative
staff.
Chapter 4
Economic Issues
Article I
1. The economy of Kosovo shall function
in accordance with free market principles.
2. The authorities established to levy
and collect taxes and other charges are set forth in this agreement. Except
as otherwise expressly provided, all authorities have the right to keep
all revenues from their own taxes or other charges consistent with this
agreement.
3. Certain revenue from Kosovo taxes
and duties shall accrue to the Communes, taking into account the need for
an equalization of revenues between the Communes based on objective criteria.
The Assembly of Kosovo shall enact appropriate non-discriminatory legislation
for this purpose. The Communes may also levy local taxes in accordance
with this agreement.
4. The Federal Republic of Yugoslavia
shall be responsible for the collection of all customs duties at international
borders in Kosovo. There shall be no impediments to the free movement of
persons, goods, services, and capital to and from Kosovo.
5. Federal authorities shall ensure
that Kosovo receives a proportionate and equitable share of benefits that
may be derived from international agreements concluded by the Federal Republic
and of Federal resources.
6. Federal and other authorities shall
within their respective powers and responsibilities ensure the free movement
of persons, goods, services, and capital to Kosovo, including from international
sources. They shall in particular allow access to Kosovo without discrimination
for persons delivering such goods and services.
7. If expressly required by an international
donor or lender, international contracts for reconstruction projects shall
be concluded by the authorities of the Federal Republic of Yugoslavia,
which shall establish appropriate mechanisms to make such funds available
to Kosovo authorities. Unless precluded by the terms of contracts, all
reconstruction projects that exclusively concern Kosovo shall be managed
and implemented by the appropriate Kosovo authority.
Article II
1. The Parties agree to reallocate
ownership and resources in accordance insofar as possible with the distribution
of powers and responsibilities set forth in this agreement, in the following
areas:
(b) pension and social insurance contributions;
(c) revenues to be distributed under
Article 1.5; and
(d) any other matters relating to economic
relations between the Parties not covered by this agreement.
2. The Parties agree to the creation of
a Claim Settlement Commission (CSC) to resolve all disputes between them
on matters referred to in paragraph 1.
(b) The decisions of the CSC, which
shall be taken by majority vote, shall be final and binding. The Parties
shall implement them without delay.
3. Authorities receiving ownership of
public facilities shall have the power to operate such facilities.
Chapter 4 A
Humanitarian Assistance, Reconstruction
and Economic Development
1. In parallel with the continuing
full implementation of this agreement, urgent attention must be focused
on meeting the real humanitarian and economic needs of Kosovo in order
to help create the conditions for reconstruction and lasting economic recovery.
International assistance will be provided without discrimination between
national communities.
2. The Parties welcome the willingness
of the European Commission working with the international community to
co-ordinate international support for the parties' efforts. Specifically,
the European Commission will organize an international donors' conference
within one month of entry into force of this agreement.
3. The international community will
provide immediate and unconditional humanitarian assistance, focusing primarily
on refugees and internally displaced persons returning to their former
homes. The Parties welcome and endorse the UNHCR's lead role in co-ordination
of this effort, and endorse its intention, in close co-operation with the
Implementation Mission, to plan an early, peaceful, orderly and phased
return of refugees and displaced persons in conditions of safety and dignity.
4 . The international community will
provide the means for the rapid improvement of living conditions for the
population of Kosovo through the reconstruction and rehabilitation of housing
and local infrastructure (including water, energy, health and local education
infrastructure) based on damage assessment surveys.
5. Assistance will also be provided
to support the establishment and development of the institutional and legislative
framework laid down in this agreement, including local governance and tax
settlement, and to reinforce civil society, culture and education. Social
welfare will also be addressed, with priority given to the protection of
vulnerable social groups.
6. It will also be vital to lay the
foundations for sustained development, based on a revival of the local
economy. This must take account of the need to address unemployment, and
to stimulate the economy by a range of mechanisms. The European Commission
will be giving urgent attention to this.
7. International assistance, with the
exception of humanitarian aid, will be subject to full compliance with
this agreement as well as other conditionalities defined in advance by
the donors and the absorptive capacity of Kosovo.
Chapter 5
Implementation I
Article I: Institutions
Implementation Mission
1. The Parties invite the OSCE, in
cooperation with the European Union, to constitute an Implementation Mission
in Kosovo. All responsibilities and powers previously vested in the Kosovo
Verification Mission and its Head by prior agreements shall be continued
in the Implementation Mission and its Chief.
Joint Commission
2. A Joint Commission shall serve as
the central mechanism for monitoring and coordinating the civilian implementation
of this agreement. It shall consist of the Chief of the Implementation
Mission (CIM), one Federal and one Republic representative, one representative
of each national community in Kosovo, the President of the Assembly, and
a representative of the President of Kosovo. Meetings of the Joint Commission
may be attended by other representatives of organizations specified in
this agreement or needed for its implementation.
3. The CIM shall serve as the Chair
of the Joint Commission. The Chair shall coordinate and organize the work
of the Joint Commission and decide the time and place of its meetings.
The Parties shall abide by and fully implement the decisions of the Joint
Commission. The Joint Commission shall operate on the basis of consensus,
but in the event consensus cannot be reached, the Chair's decision shall
be final.
4. The Chair shall have full and unimpeded
access to all places, persons, and information (including documents and
other records) within Kosovo that in his judgment are necessary to his
responsibilities with regard to the civilian aspects of this agreement.
Joint Council and Local Councils
5. The CIM may, as necessary, establish
a Kosovo Joint Council and Local Councils, for informal dispute resolution
and cooperation. The Kosovo Joint Council would consist of one member from
each of the national communities in Kosovo. Local Councils would consist
of representatives of each national community living in the locality where
the Local Council is established.
Article II: Responsibilities and
Powers
1. The CIM shall:
(b) maintain close contact with the
Parties to promote full compliance with those aspects of this agreement;
(c) facilitate, as he deems necessary,
the resolution of difficulties arising in connection with such implementation;
(d) participate in meetings of donor
organizations, including on issues of rehabilitation and reconstruction,
in particular by putting forward proposals and identifying priorities for
their consideration as appropriate;
(e) coordinate the activities of civilian
organizations and agencies in Kosovo assisting in the implementation of
the civilian aspects of this agreement, respecting fully their specific
organizational procedures;
(f) report periodically to the bodies
responsible for constituting the Mission on progress in the implementation
of the civilian aspects of this agreement; and
(g) carry out the functions specified
in this agreement pertaining to police and security forces.
2. The CIM shall also carry out other
responsibilities set forth in this agreement or as may be later agreed.
Article III: Status of Implementation
Mission
1. Implementation Mission personnel
shall be allowed unrestricted movement and access into and throughout Kosovo
at any time.
2. The Parties shall facilitate the
operations of the Implementation Mission, including by the provision of
assistance as requested with regard to transportation, subsistence, accommodation,
communication, and other facilities.
3. The Implementation Mission shall
enjoy such legal capacity as may be necessary for the exercise of its functions
under the laws and regulations of Kosovo, the Federal Republic of Yugoslavia,
and the Republic of Serbia. Such legal capacity shall include the capacity
to contract, and to acquire and dispose of real and personal property.
4. Privileges and immunities are hereby
accorded as follows to the Implementation Mission and associated personnel:
(b) the CIM and professional members
of his staff and their families shall enjoy the same privileges and immunities
as are enjoyed by diplomatic agents and their families under the Vienna
Convention on Diplomatic Relations; and
(c) other members of the Implementation
Mission staff and their families shall enjoy the same privileges and immunities
as are enjoyed by members of the administrative and technical staff and
their families under the Vienna Convention on Diplomatic Relations.
Article IV: Process of Implementation
General
3. Under the supervision of the OSCE
and with the participation of Kosovo authorities and experts nominated
by and belonging to the national communities of Kosovo, Federal authorities
shall conduct an objective and free census of the population in Kosovo
under rules and regulations agreed with the OSCE in accordance with international
standards. The census shall be carried out when the OSCE determines that
conditions allow an objective and accurate enumeration.
(a) The first census shall
be limited to name, place of birth, place of usual residence and address,
gender, age, citizenship, national community, and religion.
(b) The authorities of the Parties
shall provide each other and the OSCE with all records necessary to conduct
the census, including data about places of residence, citizenship, voters'
lists, and other information.
Transitional Provisions
4. All laws and regulations in effect
in Kosovo when this agreement enters into force shall remain in effect
unless and until replaced by laws or regulations adopted by a competent
body. All laws and regulations applicable in Kosovo that are incompatible
with this agreement shall be presumed to have been harmonized with this
agreement. In particular, martial law in Kosovo is hereby revoked.
5. Institutions currently in place
in Kosovo shall remain until superseded by bodies created by or in accordance
with this agreement. The CIM may recommend to the appropriate authorities
the removal and appointment of officials and the curtailment of operations
of existing institutions in Kosovo if he deems it necessary for the effective
implementation of this agreement. If the action recommended is not taken
in the time requested, the Joint Commission may decide to take the recommended
action.
6. Prior to the election of Kosovo
officials pursuant to this agreement, the CIM shall take the measures necessary
to ensure the development and functioning of independent media in keeping
with international standards, including allocation of radio and television
frequencies.
Article V: Authority to Interpret
The CIM shall be the final authority
in theater regarding interpretation of the civilian aspects of this agreement,
and the Parties agree to abide by his determinations as binding on all
Parties and persons.
Chapter 6
The Ombudsman
Article I: General
1. There shall be an Ombudsman, who
shall monitor the realization of the rights of members of national communities
and the protection of human rights and fundamental freedoms in Kosovo.
The Ombudsman shall have unimpeded access to any person or place and shall
have the right to appear and intervene before any domestic, Federal, or
(consistent with the rules of such bodies) international authority upon
his or her request. No person, institution, or entity of the Parties may
interfere with the functions of the Ombudsman.
2. The Ombudsman shall be an eminent
person of high moral standing who possesses a demonstrated commitment to
human rights and the rights of members of national communities.
He or she shall be nominated by the President of Kosovo and shall be elected
by the Assembly from a list of candidates prepared by the President of
the European Court of Human Rights for a non-renewable three-year term.
The Ombudsman shall not be a citizen of any State or entity that was a
part of the former Yugoslavia, or of any neighboring State. Pending the
election of the President and the Assembly, the CIM shall designate a person
to serve as Ombudsman on an interim basis who shall be succeeded by a person
selected pursuant to the procedure set forth in this paragraph.
3. The Ombudsman shall be independently
responsible for choosing his or her own staff. He or she shall have two
Deputies. The Deputies shall each be drawn from different national communities.
(b) The Ombudsman and members of his
or her staff shall not be held criminally or civilly liable for any acts
carried out within the scope of their duties.
Article II: Jurisdiction
The Ombudsman shall consider:
(b) alleged or apparent violations
of the rights of members of national communities specified in this agreement.
2. All persons in Kosovo shall have the
right to submit complaints to the Ombudsman. The Parties agree not to take
any measures to punish persons who intend to submit or who have submitted
such allegations, or in any other way to deter the exercise of this right.
Article III: Powers and Duties
1. The Ombudsman shall investigate
alleged violations falling within the jurisdiction set forth in Article
II.1. He or she may act either on his or her own initiative or in response
to an allegation presented by any Party or person, non-governmental organization,
or group of individuals claiming to be the victim of a violation or acting
on behalf of alleged victims who are deceased or missing. The work of the
Ombudsman shall be free of charge to the person concerned.
2. The Ombudsman shall have complete,
unimpeded, and immediate access to any person, place, or information upon
his or her request.
(b) The ombudsman may attend administrative
hearings and meetings of other Kosovo institutions in order to gather information.
(c) The Ombudsman may examine facilities
and places where persons deprived of their liberty are detained, work,
or are otherwise located.
(d) The Ombudsman and staff shall maintain
the confidentiality of all confidential information obtained by them, unless
the ombudsman determines that such information is evidence of a violation
of rights falling within his or her jurisdiction, in which case that information
may be revealed in public reports or appropriate legal proceedings.
(e) The Parties undertake to ensure
cooperation with the Ombudsman's investigations. Willful and knowing failure
to comply shall be a criminal offense prosecutable in any jurisdiction
of the Parties. Where an official impedes an investigation by refusing
to provide necessary information, the ombudsman shall contact that official's
superior or the public prosecutor for appropriate penal action to be taken
in accordance with the law.
3. The Ombudsman shall issue findings
and conclusions in the form of a published report promptly after concluding
an investigation.
(b) In the event that a person or entity
does not comply with the conclusions and recommendations of the Ombudsman,
the report shall be forwarded for further action to the Joint Commission
established by Chapter 5 of this agreement, to the President of the appropriate
Party, and to any other officials or institutions that the ombudsman deems
proper.
Chapter 7
Implementation II
Article I: General Obligations
1. The Parties undertake to recreate,
as quickly as possible, normal conditions of life in Kosovo and to cooperate
fully with each other and with all international organizations, agencies,
and non-governmental organizations involved in the implementation of this
agreement. They welcome the willingness of the international community
to send to the region a force to assist in the implementation of this agreement.
(b) The Parties agree that NATO will
establish and deploy a force (hereinafter "KFOR") which may be composed
of ground, air, and maritime units from NATO and non-NATO nations, operating
under the authority and subject to the direction and the political control
of the North Atlantic Council (NAC) through the NATO chain of command.
The Parties agree to facilitate the deployment and operations of this force
and agree also to comply fully with all the obligations of this Chapter.
(c) It is agreed that other States
may assist in implementing this Chapter. The Parties agree that the modalities
of those States' participation will be the subject of agreement between
such participating States and NATO.
(b) to provide for the support and
authorization of the KFOR and in particular to authorize the KFOR to take
such actions as are required, including the use of necessary force, to
ensure compliance with this Chapter and the protection of the KFOR, Implementation
Mission (IM), and other international organizations, agencies, and nongovernmental
organizations involved in the implementation of this agreement, and to
contribute to a secure environment;
(c) to provide, at no cost, the use
of all facilities and services required for the deployment, operations
and support of the KFOR.
3. The Parties understand and agree that
the obligations undertaken in this Chapter shall apply equally to each
Party. Each Party shall be held individually responsible for compliance
with its obligations, and each agrees that delay or failure to comply by
one Party shall not constitute cause for any other Party to fail to carry
out its own obligations. All Parties shall be equally subject to such enforcement
action by the KFOR as may be necessary to ensure implementation of this
Chapter in Kosovo and the protection of the KFOR, IM, and other international
organizations, agencies, and non governmental organizations involved in
the implementation of this agreement.
Article II: Cessation of Hostilities
1. The Parties shall, immediately upon
entry into force of this agreement (EIF), refrain from committing any hostile
or provocative acts of any type against each other or against any person
in Kosovo. They shall not encourage or organize hostile or provocative
demonstrations.
2. In carrying out the obligations
set forth in paragraph 1, the Parties undertake in particular to cease
the firing of all weapons and explosive devices except as authorized by
COMKFOR. They shall not place any mines, barriers, unauthorized checkpoints,
observation posts (with the exception of COMKFOR-approved border observation
posts and crossing points), or protective obstacles. Except as provided
in Chapter 2, the Parties shall not engage in any military, security, or
trainingrelated activities, including ground, air, or air defense operations,
in or over Kosovo, without the prior express approval of COMKFOR.
3. Except for Border Guard forces (as
provided for in Article IV), no Party shall have Forces present within
a 5 kilometer zone inward from the international border of the FRY that
is also the border of Kosovo (hereinafter "the Border Zone"). The Border
Zone will be marked on the ground by EIF + 14 days by VJ Border Guard personnel
in accordance with direction from IM. COMKFOR may determine small scale
reconfigurations for operational reasons.
4.
(a) With the exception of
civilian police performing normal police duties as determined by the CIM,
no Party shall have Forces present within 5 kilometers of the Kosovo side
of the boundary of Kosovo with other parts of the FRY.
(b) The presence of any Forces within
5 kilometers of the other side of that boundary shall be notified to COMKFOR;
if, in the judgment of COMKFOR, such presence threatens or would threaten
implementation of this Chapter in Kosovo, he shall contact the authorities
responsible for the Forces in question and may require those Forces to
withdraw from or remain outside that area.
5. No Party shall conduct any reprisals,
counter-attacks, or any unilateral actions in response to violations of
this Chapter by another Party. The Parties shall respond to alleged violations
of this Chapter through the procedures provided in Article XI.
Article III: Redeployment, Withdrawal
and Demilitarization of Forces
In order to disengage their Forces
and to avoid any further conflict, the Parties shall immediately upon EIF
begin to re-deploy, withdraw, or demilitarize their Forces in accordance
with Articles IV, V, and VI.
Article IV: VJ Forces
1. VJ Army Units
(b) By K-Day + 30 days, the Chief of
the VJ General Staff, through the senior VJ commander in Kosovo, shall
provide for approval by COMKFOR a detailed plan for the phased withdrawal
of VJ Forces from Kosovo to other locations in Serbia to ensure the following
timelines are met:
i) By K-Day + 90 days, VJ
authorities must, to the satisfaction of COMKFOR, withdraw from Kosovo
to other locations in Serbia 50% of men and materiel and all designated
offensive assets. Such assets are taken to be: main battle tanks; all other
armored vehicles mounting weapons greater than 12.7mm; and, all heavy weapons
(vehicle mounted or not) of over 82mm.
ii) By K-Day + 180 days, all VJ Army
personnel and equipment (with the exception of those Forces specified in
paragraph 2 of this Article) shall be withdrawn from Kosovo to other locations
in Serbia.
2. VJ Border Guard Forces
(b) VJ elements in Kosovo shall be
limited to weapons of 82mm and below. They shall possess neither armored
vehicles (other than wheeled vehicles mounting weapons of 12.7mm or less)
nor air defense weapons.
(c) VJ Border Guard units shall be
permitted to patrol in Kosovo only within the Border Zone and solely for
the purpose of defending the border against external attack and maintaining
its integrity by preventing illicit border crossings. Geographic terrain
considerations may require Border Guard maneuver inward of the Border Zone;
any such maneuver shall be coordinated with and approved by COMKFOR.
(d) With the exception of the Border
Zone, VJ units may travel through Kosovo only to reach duty stations and
garrisons in the Border Zone or approved cantonment sites. Such travel
may only be along routes and in accordance with procedures that have been
determined by COMKFOR after consultation with the CIM, VJ unit commanders,
communal government authorities, and police commanders. These routes and
procedures will be determined by K-Day + 14 days, subject to redetermination
by COMKFOR at any time. VJ forces in Kosovo but outside the Border Zone
shall be permitted to act only in self-defense in response to a hostile
act pursuant to Rules of Engagement (ROE) which will be approved by COMKFOR
in consultation with the CIM. When deployed in the Border Zone, they will
act in accordance with ROE established under control of COMKFOR.
(e) VJ Border Guard forces may conduct
training activities only within the 5 kilometer Border Zone, and only with
the prior express approval of COMKFOR.
3. Yugoslav Air and Air Defense Forces
(YAADF)
All aircraft, radars, surface-to-air
missiles (including man-portable air defense systems (MANPADS) and anti-aircraft
artillery in Kosovo shall immediately upon EIF begin withdrawing from Kosovo
to other locations in Serbia outside the 25 kilometer Mutual Safety Zone
as defined in Article X. This withdrawal shall be completed and reported
by the senior VJ commander in Kosovo to the appropriate NATO commander
not more than 10 days after EIF. The appropriate NATO commander shall control
and coordinate use of airspace over Kosovo commencing at EIF as further
specified in Article X. No air defense systems, target tracking radars,
or anti-aircraft artillery shall be positioned or operated within Kosovo
or the 25 kilometer Mutual Safety Zone without the prior express approval
of the appropriate NATO commander.
Article V: Other Forces
1. The actions of Forces in Kosovo
other than KFOR, VJ, MUP, or local police forces provided for in Chapter
2 (hereinafter referred to as "Other Forces") shall be in accordance with
this Article. Upon EIF, all Other Forces in Kosovo must immediately observe
the provisions of Article I, paragraph 2, Article II, paragraph 1, and
Article III and in addition refrain from all hostile intent, military training
and formations, organization of demonstrations, and any movement in either
direction or smuggling across international borders or the boundary between
Kosovo and other parts of the FRY. Furthermore, upon EIF, all Other Forces
in Kosovo must publicly commit themselves to demilitarize on terms to be
determined by COMKFOR, renounce violence, guarantee security of international
personnel, and respect the international borders of the FRY and all terms
of this Chapter.
2. Except as approved by COMKFOR, from
K-Day, all Other Forces in Kosovo must not carry weapons:
(b) within 1 kilometer of the main
roads as follows:
1) Pec - Lapusnik - Pristina
2) border - Djakovica - Klina
3) border - Prizren - Suva Reka - Pristina
4) Djakovica - Orahovac - Lapusnik
- Pristina
5) Pec-Djakovica - Prizren - Urosevac
- border
6) border - Urosevac – Pristina -Podujevo
- border
7) Pristina - Kosovska Mitrovica -
border
8) Kosovka Mitrovica - (Rakos) - Pec
9) Pec - Boreder with Montenegro (through
Rozaj)
10) Pristina - Lisica - border with
Serbia
11) Pristina - Gnjilane - Urosevac
12) Gnjilane - Veliki Trnovac - border
with Serbia;
13) Prizren - Doganovic
(d) in any other areas designated by
COMKFOR.
3. By K-Day + 5 days, all Other Forces
must abandon and close all fighting positions, entrenchments, and checkpoints.
4. By K-Day + 5 days, all Other Forces'
commanders designated by COMKFOR shall report completion of the above requirements
in the format at Article VII to COMKFOR and continue to provide weekly
detailed status reports until demilitarization is complete.
5. COMKFOR will establish procedures
for
demilitarization and monitoring of Other Forces in Kosovo and for the further
regulation of their activities. These procedures will be established to
facilitate a phased demilitarization program as follows:
(b) By K-Day + 30 days, all Other Forces
shall store all prohibited weapons (any weapon 12.7mm or larger, any anti-tank
or anti-aircraft weapons, grenades, mines or explosives) and automatic
weapons in the registered weapons storage sites. Other Forces commanders
shall confirm completion of weapons storage to COMKFOR no later than K-Day
+ 30 days;
(c) By K-Day + 30 days, all Other Forces
shall cease wearing military uniforms and insignia, and cease carrying
prohibited weapons and automatic weapons;
(d) By K-Day + 90 days, authority for
storage sites shall pass to the KFOR. After this date, it shall be illegal
for Other Forces to possess prohibited weapons and automatic weapons, and
such weapons shall be subject to confiscation by the KFOR;
(e) By K-Day + 120 days, demilitarization
of all Other Forces shall be completed.
6. By EIF + 30 days, subject to arrangements
by COMKFOR if necessary, all Other Forces personnel who are not of local
origin, whether or not they are legally within Kosovo, including individual
advisors, freedom fighters, trainers, volunteers, and personnel from neighboring
and other States, shall be withdrawn from Kosovo.
ARTICLE VI: MUP
1. Ministry of Interior Police (MUP)
is defined as all police and public security units and personnel under
the control of Federal or Republic authorities except for the border police
referred to in Chapter 2 and police academy students and personnel at the
training school in Vucitrn referred to in Chapter 2. The CIM, in consultation
with COMKFOR, shall have the discretion to exempt any public security units
from this definition if he determines that it is in the public interest
(e.g. firefighters).
(b) Immediately upon EIF, the following
withdrawals shall begin:
i) By K-Day + 5 days, those
MUP units not assigned to Kosovo prior to 1 February 1998 shall withdraw
all personnel and equipment from Kosovo to other locations in Serbia.
ii) By K-Day + 20 days, all Special
Police, including PJP, SAJ, and JSO forces, and their equipment shall be
withdrawn from their cantonment sites out of Kosovo to other locations
in Serbia. Additionally, all MUP offensive assets (designated as armored
vehicles mounting weapons 12.7mm or larger, and all heavy weapons (vehicle
mounted or not) of over 82mm.) shall be withdrawn.
(c) By K-Day + 30 days, the senior MUP
commander shall provide for approval by COMKFOR, in consultation with the
CIM, a detailed plan for the phased drawdown of the remainder of MUP forces.
In the event that COMKFOR, in consultation with the CIM, does not approve
the plan, he has the authority to issue his own binding plan for further
MUP drawdowns. The CIM will decide at the same time when the remaining
MUP units will wear new insignia. In any case, the following time-table
must be met:
i) by K-Day + 60 days, 50%
drawdown of the remaining MUP units including reservists. The CIM after
consultations with COMKFOR shall have the discretion to extend this deadline
for up to K-Day + 90 days if he judges there to be a risk of a law enforcement
vacuum;
ii) by K-Day + 120 days, further drawdown
to 2500 MUP. The CIM after consultations with COMKFOR shall have the discretion
to extend this deadline for up to K-Day + 180 days to meet operational
needs;
iii) transition to communal police
force shall begin as Kosovar police are trained and able to assume their
duties. The CIM shall organize this transition between MUP and communal
police;
iv) in any event, by EIF + one year,
all Ministry of Interior Civil Police shall be drawn down to zero. The
CIM shall have the discretion to extend this deadline for up to an additional
12 months to meet operational needs.
(d) The 2500 MUP allowed by this Chapter
and referred to in Article V.1(a) of Chapter 2 shall have authority only
for civil police functions and be under the supervision and control of
the CIM.
VII: Notifications
1. By K-Day + 5 days, the Parties shall
furnish the following specific information regarding the status of all
conventional military; all police, including military police, Department
of Public Security Police, special police; paramilitary; and all Other
Forces in Kosovo, and shall update the COMKFOR weekly on changes in this
information:
(b) quantity and type of weaponry of
12.7 mm and above, and ammunition for such weaponry, including location
of cantonments and supply depots and storage sites;
(c) positions and descriptions of any
surface-to-air missiles/launchers, including mobile systems, anti-aircraft
artillery, supporting radars, and associated command and control systems;
(d) positions and descriptions of all
mines, unexploded ordnance, explosive devices, demolitions, obstacles,
booby traps, wire entanglements, physical or military hazards to the safe
movement of any personnel in Kosovo, weapons systems, vehicles, or any
other military equipment; and
(e) any further information of a military
or security nature requested by the COMKFOR.
Article VIII: Operations and Authority
of the KFOR
1. Consistent with the general obligations
of Article I, the Parties understand and agree that the KFOR will deploy
and operate without hindrance and with the authority to take all necessary
action to help ensure compliance with this Chapter.
2. The Parties understand and agree
that the KFOR shall have the right:
ii) enforce demilitarization of Other
Forces;
iii) enforce restrictions on all VJ,
MUP and Other Forces' activities, movement and training in Kosovo;
(b) to establish liaison arrangements
with IM, and support IM as appropriate;
(c) to establish liaison arrangements
with local Kosovo authorities, with Other Forces, and with FRY and Serbian
civil and military authorities;
(d) to observe, monitor, and inspect
any and all facilities or activities in Kosovo, including within the Border
Zone, that the COMKFOR believes has or may have military capability, or
are or may be associated with the employment of military or police capabilities,
or are otherwise relevant to compliance with this Chapter;
(e) to require the Parties to mark
and clear minefields and obstacles and to monitor their performance;
(f) to require the Parties to participate
in the Joint Military Commission and its subordinate military commissions
as described in Article XI.
3. The Parties understand and agree that
the KFOR shall have the right to fulfill its supporting tasks, within the
limits of its assigned principal tasks, its capabilities, and available
resources, and as directed by the NAC, which include the following:
(b) to assist the movement of organizations
in the accomplishment of humanitarian missions;
(c) to assist international agencies
in fulfilling their responsibilities in Kosovo;
(d) to observe and prevent interference
with the movement of civilian populations, refugees, and displaced persons,
and to respond appropriately to deliberate threat to life and person.
4. The Parties understand and agree that
further directives from the NAC may establish additional duties and responsibilities
for the KFOR in implementing this Chapter.
5. KFOR operations shall be governed
by the following provisions:
(b) The KFOR shall have the right to
use all necessary means to ensure its full ability to communicate and shall
have the right to the unrestricted use of the entire electromagnetic spectrum.
In implementing this right, the KFOR shall make reasonable efforts to coordinate
with the appropriate authorities of the Parties;
(c) The KFOR shall have the right to
control and regulate surface traffic throughout Kosovo including the movement
of the Forces of the Parties. All military training activities and movements
in Kosovo must be authorized in advance by COMKFOR;
(d) The KFOR shall have complete and
unimpeded freedom of movement by ground, air, and water into and throughout
Kosovo. It shall in Kosovo have the right to bivouac, maneuver, billet,
and utilize any areas or facilities to carry out its responsibilities as
required for its support, training, and operations, with such advance notice
as may be practicable. Neither the KFOR nor any of its personnel shall
be liable for any damages to public or private property that they may cause
in the course of duties related to the implementation of this Chapter.
Roadblocks, checkpoints, or other impediments to KFOR freedom of movement
shall constitute a breach of this Chapter and the violating Party shall
be subject to military action by the KFOR, including the use of necessary
force to ensure compliance with this Chapter.
6. The Parties understand and agree that
COMKFOR shall have the authority, without interference or permission of
any Party, to do all that he judges necessary and proper, including the
use of military force, to protect the KFOR and the IM, and to carry out
the responsibilities listed in this Chapter. The Parties shall comply in
all respects with KFOR instructions and requirements.
7. Notwithstanding any other provision
of this Chapter, the Parties understand and agree that COMKFOR has the
right and is authorized to compel the removal, withdrawal, or relocation
of specific Forces and weapons, and to order the cessation of any activities
whenever the COMKFOR determines such Forces, weapons, or activities to
constitute a threat or potential threat to either the KFOR or its mission,
or to another Party. Forces failing to redeploy, withdraw, relocate, or
to cease threatening or potentially threatening activities following such
a demand by the KFOR shall be subject to military action by the KFOR, including
the use of necessary force, to ensure compliance, consistent with the terms
set forth in Article I, paragraph 3.
Article IX: Border Control
The Parties understand and agree that,
until other arrangements are established, and subject to provisions of
this Chapter and Chapter 2, controls along the international border of
the FRY that is also the border of Kosovo will he maintained by the existing
institutions normally assigned to such tasks, subject to supervision by
the KFOR and the IM, which shall have the right to review and approve all
personnel and units, to monitor their performance, and to remove and replace
any personnel for behavior inconsistent with this Chapter.
Article X: Control of Air Movements
The appropriate NATO commander shall
have sole authority to establish rules and procedures governing command
and control of the airspace over Kosovo as well as within a 25 kilometer
Mutual Safety Zone (MSZ). This MSZ shall consist of FRY airspace within
25 kilometers outward from the boundary of Kosovo with other parts of the
FRY. This Chapter supersedes the NATO Kosovo Verification Mission agreement
of October 12, 1998 on any matter or area in which they may contradict
each other. No military air traffic, fixed or rotary wing, of any Party
shall be permitted to fly over Kosovo or in the MSZ without the prior express
approval of the appropriate NATO commander. Violations of any of the provisions
above, including the appropriate NATO commander's rules and procedures
governing the airspace over Kosovo, as well as unauthorized flight or activation
of FRY Integrated Air Defense (IADS) within the MSZ, shall be subject to
military action by the KFOR, including the use of necessary force. The
KFOR shall have a liaison team at the FRY Air Force HQ and a YAADF liaison
shall he established with the KFOR. The Parties understand and agree that
the appropriate NATO commander may delegate control of normal civilian
air activities to appropriate FRY institutions to monitor operations, deconflict
KFOR air traffic movements, and ensure smooth and safe operation of the
air traffic system.
Article XI: Establishment of a Joint
Military Commission
1. A Joint Military Commission (JMC)
shall be established with the deployment of the KFOR to Kosovo.
2. The JMC shall be chaired by COMKFOR
or his representative and consist of the following members:
(b) the Ministers of Interior of the
FRY and Republic of Serbia or their representatives;
(c) a senior military representative
of all Other Forces;
(d) a representative of the IM;
(e) other persons as COMKFOR shall
determine, including one or more representatives of the Kosovo civilian
leadership.
3. The JMC shall:
(b) receive reports and make recommendations
for specific actions to COMKFOR to ensure compliance by the Parties with
the provisions of this Chapter;
(c) assist COMKFOR in determining and
implementing local transparency measures between the Parties.
4. The JMC shall not include any persons
publicly indicted by the International Criminal Tribunal for the Former
Yugoslavia.
5. The JMC shall function as a consultative
body to advise COMKFOR. However, all final decisions shall be made by COMKFOR
and shall be binding on the Parties.
6. The JMC shall meet at the call of
COMKFOR. Any Party may request COMKFOR to convene a meeting.
7. The JMC shall establish subordinate
military commissions for the purpose of providing assistance in carrying
out the functions described above. Such commissions shall be at an appropriate
level, as COMKFOR shall direct. Composition of such commissions shall be
determined by COMKFOR.
Article XII: Prisoner Release
1. By EIF + 21 days, the Parties shall
release and transfer, in accordance with international humanitarian standards,
all persons held in connection with the conflict (hereinafter "prisoners").
In addition, the Parties shall cooperate fully with the International Committee
of the Red Cross (ICRC) to facilitate its work, in accordance with its
mandate, to implement and monitor a plan for the release and transfer of
prisoners in accordance with the above deadline. In preparation for compliance
with this requirement, the Parties shall:
(b) provide to the ICRC any and all
information concerning prisoners, as requested by the ICRC, by EIF + 14
days.
2. The Parties shall provide information,
through the tracing mechanisms of the ICRC, to the families of all persons
who are unaccounted for. The Parties shall cooperate fully with the ICRC
in its efforts to determine the identity, whereabouts, and fate of those
unaccounted for.
Article XIII: Cooperation
The Parties shall cooperate fully with
all entities involved in implementation of this settlement, as described
in the Framework agreement, or which are otherwise authorized by the United
Nations Security Council, including the International Criminal Tribunal
for the former Yugoslavia.
Article XIV: Notification to Military
Commands.
Each Party shall ensure that the terms
of this Chapter and written orders requiring compliance are immediately
communicated to all of its Forces.
Article XV: Final Authority to Interpret
1. Subject to paragraph 2, the KFOR
Commander is the final authority in theater regarding interpretation of
this Chapter and his determinations are binding on all Parties and persons.
2. The CIM is the final authority in
theater regarding interpretation of the references in this Chapter to his
functions (directing the VJ Border Guards under Article II, paragraph 3;
his functions concerning the MUP under Article VI) and his determinations
are binding on all Parties and persons.
Article XVI: K-Day
The date of activation of KFOR -- to
be known as K-Day -shall be determined by NATO.
Appendices:
A. Approved VJ/MUP Cantonment Sites
B. Status of Multi-National Military
Implementation Force
------------------------------------------------------ Appendix A:
Approved VJ/MUP Cantonment Sites
1. There are 13 approved cantonment
sites in Kosovo for all VJ units, weapons, equipment, and ammunition. Movement
to cantonment sites, and subsequent withdrawal from Kosovo, will occur
in accordance with this Chapter. As the phased withdrawal of VJ units progresses
along the timeline as specified in this Chapter, COMKFOR will close selected
cantonment sites.
2. Initial approved VJ cantonment sites:
a) Pristina SW 423913NO210819E
b) Pristina Airfield 423412NO210040E
c) Vuctrin North 424936NO205755E
d) Kosovska Mitrovica 425315NO205227E
e) Gnjilane NE 422807NO212845E
f) Urosevac 422233NO210753E
g) Prizren 421315NO204504E
h) Djakovica SW 422212NO202530E
i) Pec 42391ON0201728E
j) Pristina Explosive Storage Fac 423636NO211225E
k) Pristina Ammo Depot SW 423518NO205923E
1) Pristina Ammo Depot 510 424211NO211056E
m) Pristina Headquarters facility 423938NO210934E
3. Within each cantonment site, VJ
units are required to canton all heavy weapons and vehicles outside of
storage facilities.
4. After EIF + 180 days, the remaining
2500 VJ forces dedicated to border security functions provided for in this
agreement will be garrisoned and cantoned at the following locations: Djakovica,
Prizren, and Ursoevac; subordinate border posts within the Border Zone;
a limited number of existing facilities in the immediate proximity of the
Border Zone subject to the prior approval of COMKFOR; and headquarters/C2
and logistic support facilities in Pristina.
5. There are 37 approved cantonment
sites for all MUP and Special Police force units in Kosovo. There are seven
(7) approved regional SUPs. Each of the 37 approved cantonment sites will
fall under the administrative
control of one of the regional SUPs.
Movement to cantonment sites, and subsequent withdrawal of MUP from Kosovo,
will occur in accordance with this Chapter.
6. Approved MUP regional SUPs and cantonment
sites:
a) Kosovska Mitrovica SUP 42530ON0205200E
1) Kosovska Mitrovica (2 locations)
2) Leposavic
3) Srbica
4) Vucitrn
5) Zubin Potok
b) Pristina SUP 42400ON0211000E
1) Pristina (6 locations)
2) Glogovac
3) Kosovo Polje
4) Lipjan
5) Obilic
6) Podujevo
c) Pec SUP 42390ON0201800E
1) Pec (2 locations)
2) Klina
3) Istok
4) Malisevo
d) Djakovica SUP 42230ON0202600E
1) Djakovica (2 locations)
2) Decani
e) Urosevac SUP 42220ON0211000E
1) Urosevac (2 locations)
2) Stimlje
3) Strpce
4) Kacanik
f) Gnjilane SUP 42280ON0212900E
1) Gnjilane (2 locations)
2) Kamenica
3) Vitina
4) Kosovska
5) Novo Brdo
g) Prizren SUP 42130ON0204500E
1) Prizren (2 locations)
2) Orahovac
3) Suva Reka
4) Gora
7. Within each cantonment site, MUP units
are required to canton all vehicles above 6 tons, including APCs and BOVs,
and all heavy weapons outside of storage facilities.
Appendix B:
Status of Multi-National Military
Implementation Force
1. For the purposes of this Appendix,
the following expressions shall have the meanings hereunder assigned to
them:
(b) "Authorities in the FRY" means
appropriate authorities, whether Federal, Republic, Kosovo or other.
(c) "NATO personnel" means the military,
civilian, and contractor personnel assigned or attached to or employed
by NATO, including the military, civilian, and contractor personnel from
non-NATO states participating in the Operation, with the exception of personnel
locally hired.
(d) "the Operation" means the support,
implementation, preparation, and participation by NATO and NATO personnel
in furtherance of this Chapter.
(e) "Military Headquarters" means any
entity, whatever its denomination, consisting of or constituted in part
by NATO military personnel established in order to fulfill the Operation.
(f) "Authorities" means the appropriate
responsible individual, agency, or organization of the Parties.
(g) "Contractor personnel" means the
technical experts or functional specialists whose services are required
by NATO and who are in the territory of the FRY exclusively to serve NATO
either in an advisory capacity in technical matters, or for the setting
up, operation, or maintenance of equipment, unless they are:
(i) nationals of the FRY;
or
(ii) persons ordinarily resident in
the FRY.
(h) "Official use" means any use of goods
purchased, or of the services received and intended for the performance
of any function as required by the operation of the Headquarters.
(i) "Facilities" means all buildings,
structures, premises, and land required for conducting the operational,
training, and administrative activities by NATO for the Operation as well
as for accommodation of NATO personnel.
2. Without prejudice to their privileges
and immunities under this Appendix, all NATO personnel shall respect the
laws applicable in the FRY, whether Federal, Republic, Kosovo, or other,
insofar as compliance with those laws is compatible with the entrusted
tasks/mandate and shall refrain from activities not compatible with the
nature of the operation.
3. The Parties recognize the need for
expeditious departure and entry procedures for NATO personnel. Such personnel
shall be exempt from passport and visa regulations and the registration
requirements applicable to aliens. At all entry and exit points to/from
the FRY, NATO personnel shall be permitted to enter/exit the FRY on production
of a national identification (ID) card. NATO personnel shall carry identification
which they may be requested to produce for the authorities in the FRY,
but operations, training, and movement shall not be allowed to be impeded
or delayed by such requests.
4. NATO military personnel shall normally
wear uniforms, and NATO personnel may possess and carry arms if authorized
to do so by their orders. The Parties shall accept as valid, without tax
or fee, drivers, licenses and permits issued to NATO personnel by their
respective national authorities.
5. NATO shall be permitted to display
the NATO flag and/or national flags of its constituent national elements/units
on any NATO uniform, means of transport, or facility.
6.
(a) NATO shall be immune from
all legal process, whether civil, administrative, or criminal.
(b) NATO personnel, under all circumstances
and at all times, shall be immune from the Parties' jurisdiction in respect
of any civil, administrative, criminal, or disciplinary offenses which
may be committed by them in the FRY. The Parties shall assist States participating
in the operation in the exercise of their jurisdiction over their own nationals.
(c) Notwithstanding the above, and
with the NATO Commander's express agreement in each case, the authorities
in the FRY may exceptionally exercise jurisdiction in such matters, but
only in respect of Contractor personnel who are not subject to the jurisdiction
of their nation of citizenship. 8. NATO personnel shall enjoy, together
with their vehicles, vessels, aircraft, and equipment, free and unrestricted
passage and unimpeded access throughout the FRY including associated airspace
and territorial waters. This shall include, but not be limited to, the
right of bivouac, maneuver, billet, and utilization of any areas or facilities
as required for support, training, and operations.
9. NATO shall be exempt from duties,
taxes, and other charges and inspections and custom regulations including
providing inventories or other routine customs documentation, for personnel,
vehicles, vessels, aircraft, equipment, supplies, and provisions entering,
exiting, or transiting the territory of the FRY in support of the Operation.
10. The authorities in the FRY shall
facilitate, on a priority basis and with all appropriate means, all movement
of personnel, vehicles, vessels, aircraft, equipment, or supplies, through
or in the airspace, ports, airports, or roads used. No charges may be assessed
against NATO for air navigation, landing, or takeoff of aircraft, whether
government-owned or chartered. Similarly, no duties, dues, tolls or charges
may be assessed against NATO ships, whether government-owned or chartered,
for the mere entry and exit of ports. Vehicles, vessels, and aircraft used
in support of the operation shall not be subject to licensing or registration
requirements, nor commercial insurance.
11. NATO is granted the use of airports,
roads, rails, and ports without payment of fees, duties, dues, tolls, or
charges occasioned by mere use. NATO shall not, however, claim exemption
from reasonable charges for specific services requested and received, but
operations/movement and access shall not be allowed to be impeded pending
payment for such services.
12. NATO personnel shall be exempt
from taxation by the Parties on the salaries and emoluments received from
NATO and on any income received from outside the FRY.
13. NATO personnel and their tangible
moveable property imported into, acquired in, or exported from the FRY
shall be exempt from all duties, taxes, and other charges and inspections
and custom regulations.
14. NATO shall be allowed to import
and to export, free of duty, taxes and other charges, such equipment, provisions,
and supplies as NATO shall require for the operation, provided such goods
are for the official use of NATO or for sale to NATO personnel. Goods sold
shall be solely for the use of NATO personnel and not transferable to unauthorized
persons.
15. The Parties recognize that the
use of communications channels is necessary for the Operation. NATO shall
be allowed to operate its own internal mail services. The Parties shall,
upon simple request, grant all telecommunications services, including broadcast
services, needed for the operation, as determined by NATO. This shall include
the right to utilize such means and services as required to assure full
ability to communicate, and the right to use all of the electro-magnetic
spectrum for this purpose, free of cost. In implementing this right, NATO
shall make every reasonable effort to coordinate with and take into account
the needs and requirements of appropriate authorities in the FRY.
16. The Parties shall provide, free
of cost, such public facilities as NATO shall require to prepare for and
execute the Operation. The Parties shall assist NATO in obtaining, at the
lowest rate, the necessary utilities, such as electricity, water, gas and
other resources, as NATO shall require for the Operation.
17. NATO and NATO personnel shall be
immune from claims of any sort which arise out of activities in pursuance
of the operation; however, NATO will entertain claims on an ex gratia basis.
18. NATO shall be allowed to contract
directly for the acquisition of goods, services, and construction from
any source within and outside the FRY. Such contracts, goods, services,
and construction shall not be subject to the payment of duties, taxes,
or other charges. NATO may also carry out construction works with their
own personnel.
19. Commercial undertakings operating
in the FRY only in the service of NATO shall be exempt from local laws
and regulations with respect to the terms and conditions of their employment
and licensing and registration of employees, businesses, and corporations.
20. NATO may hire local personnel who
on an individual basis shall remain subject to local laws and regulations
with the exception of labor/employment laws. However, local personnel hired
by NATO shall:
(b) be immune from national services
and/or national military service obligations;
(c) be subject only to employment terms
and conditions established by NATO; and
(d) be exempt from taxation on the
salaries and emoluments paid to them by NATO.
21. In carrying out its authorities under
this Chapter, NATO is authorized to detain individuals and, as quickly
as possible, turn them over to appropriate officials.
22. NATO may, in the conduct of the
operation, have need to make improvements or modifications to certain infrastructure
in the FRY, such as roads, bridges, tunnels, buildings, and utility systems.
Any such improvements or modifications of a non-temporary nature shall
become part of and in the same ownership as that infrastructure. Temporary
improvements or modifications may be removed at the discretion of the NATO
Commander, and the infrastructure returned to as near its original condition
as possible, fair wear and tear excepted.
23. Failing any prior settlement, disputes
with the regard to the interpretation or application of this Appendix shall
be settled between NATO and the appropriate authorities in the FRY.
24. Supplementary arrangements with
any of the Parties may be concluded to facilitate any details connected
with the Operation.
25. The provisions of this Appendix
shall remain in force until completion of the Operation or as the Parties
and NATO otherwise agree.
Chapter 8
Amendment, Comprehensive Assessment,
and Final Clauses
Article I: Amendment and Comprehensive
Assessment
1. Amendments to this agreement shall
be adopted by agreement of all the Parties, except as otherwise provided
by Article X of Chapter 1.
2. Each Party may propose amendments
at any time and will consider and consult with the other Parties with regard
to proposed amendments.
3. Three years after the entry into
force of this agreement, an international meeting shall be convened to
determine a mechanism for a final settlement for Kosovo, on the basis of
the will of the people, opinions of relevant authorities, each Party's
efforts regarding the implementation of this agreement, and the Helsinki
Final Act, and to undertake a comprehensive assessment of the implementation
of this agreement and to consider proposals by any Party for additional
measures.
Article II: Final Clauses
1. This agreementgreement is signed
in the English language. After signature of this agreement, translations
will be made into Serbian, Albanian, and other languages of the national
communities of Kosovo, and attached to the English text.This agreement
shall enter into force upon signature.
Ich liebe meine Frau Christine über alles !
for Peace and Self-Government
in Kosovo
1. All citizens in Kosovo
shall enjoy, without discrimination, the equal rights and freedoms set
forth in this agreement.
7. NATO personnel shall be immune from
any form of arrest, investigation, or detention by the authorities in the
FRY. NATO personnel erroneously arrested or detained shall immediately
be turned over to NATO authorities.
1. Use of force in Kosovo
shall cease immediately. In accordance with this agreement, alleged violations
of the cease-fire shall be reported to international observers and shall
not be used to justify use of force in response.
3. The Parties recognize that
all persons have the right to return to their homes. Appropriate authorities
shall take all measures necessary to facilitate the safe return of persons,
including issuing necessary documents. All persons shall have the right
to reoccupy their real property, assert their occupancy rights in state-owned
property, and recover their other property and personal possessions. The
Parties shall take all measures necessary to readmit returning persons
to Kosovo.
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(a) As required by United
Nations Security Council resolution 827 (1993) and subsequent resolutions,
the Parties shall fully cooperate with the international Criminal Tribunal
for the Former Yugoslavia in its investigations and prosecutions, including
complying with its requests for assistance and its orders.
14. Recognizing the importance
of free and independent media for the development of a democratic political
climate necessary for the reconstruction and development of Kosovo, the
Parties shall ensure the widest possible press freedoms in Kosovo in all
media, public and private, including print, television, radio, and Internet.
(a) There shall be no changes
to the borders of Kosovo;
(a) assistance in designing
school curricula and standards;
(a) No person who is serving
a sentence imposed by the International Criminal Tribunal for the Former
Yugoslavia, and no person who is under indictment by the Tribunal and who
has failed to comply with an order to appear before the Tribunal, may stand
as a candidate or hold any office; and
(a) Eighty members shall be
directly elected.
(i) Financing activities of
Kosovo institutions, including by levying taxes and duties on sources within
Kosovo;
(a) The Members making the
vital interest motion shall give reasons for their motion. The proposers
of the legislation shall be given an opportunity to respond.
(i) Representing Kosovo, including
before any international or Federal body or any body of the Republics;
(a) The Government shall consist
of a Prime Minister and Ministers, including at least one person from each
national community meeting the threshold specified in paragraph 1(b)(ii)
of Article II. Ministers shall head the Administrative Organs of Kosovo.
(a) National communities shall
be fairly represented at all levels in the Administrative Organs.
(a) At the start of criminal
proceedings, the defendant is entitled to have his or her trial transferred
to another Kosovo court that he or she designates.
(a) Matters may be referred
to the Constitutional Court by the President of Kosovo, the President or
Vice-Presidents of the Assembly, the ombudsman, the communal assemblies
and councils, and any national community acting according to its democratic
procedures.
(i) inscribing local names
of towns and villages, of squares and streets, and of other topographic
names in the language and alphabet of the national community in addition
to signs in Albanian and Serbian, consistent with decisions about style
made by the communal institutions;
(a) the right to enjoy unhindered
contacts with members of their respective national communities elsewhere
in the Federal Republic of Yugoslavia and abroad;
(a) Each national community
whose membership constitutes at least three percent of the population of
the commune shall be represented on the Council in proportion to its share
of the communal population or by one member, whichever is greater.
(a) law enforcement, as specified
in Chapter 2 of this agreement;
(a) At least 10 deputies in
the House of Citizens of the Federal Assembly; and
(a) At least one citizen in
Kosovo to serve in the Federal Government, and at least one citizen in
Kosovo to serve in the Government of the Republic of Serbia; and
(a) Monitor, observe, and
inspect law enforcement activities, personnel, and facilities, including
border police and customs units, as well as associated judicial organizations,
structures, and proceedings;
(a) A Criminal Justice Administration
(CJA) shall be established. It shall be an Administrative Organ of Kosovo,
reporting to an appropriate member of the Government of Kosovo as determined
by the Government. The CJA shall provide general coordination of law enforcement
operations in Kosovo. Specific functions of the CJA shall include general
supervision over, and providing guidance to, communal police forces through
their commanders, assisting in the coordination between separate communal
police forces, and oversight of the operations of the police academy. In
carrying out these responsibilities, the CJA may issue directives, which
shall be binding on communal police commanders and personnel. In the exercise
of its functions, the CJA shall be subject to any directions given by CIM.
(a) Recruitment for public
security personnel will be conducted primarily at the local level. Local
and communal governments, upon consultation with communal Criminal Justice
Commissions, will nominate officer candidates to attend the Kosovo Police
Academy. Offers of employment will be made by communal police commanders,
with the concurrence of the academy director, only after the candidate
has successfully completed the academy basic recruit course.
6. Uniforms and Equipment.
(a) All communal police officers,
with the exception of officers participating in crowd control functions,
shall wear a standard uniform. Uniforms shall include a badge, picture
identification, and name tag.
(a) Monitor, review, and make
recommendations regarding the operation of law enforcement personnel and
policies in Kosovo, including communal police units;
(a) In the Kosovo Criminal
Justice Commission:
(i) a representative of each
commune;
(i) the communal police commander;
(a) During the transition
to communal police, the remaining MUP shall carry out only normal policing
duties, and shall draw down, pursuant to the schedule described in Chapter
7.
(a) Except as provided in
Article V.1 and Article VI, Federal and Republic law enforcement officials
may only act within Kosovo in cases of hot pursuit of a person suspected
of committing a serious criminal offense.
(i) Federal and Republic authorities
shall as soon as practicable, but in no event later than one hour after
their entry into Kosovo while engaged in a hot pursuit, notify the nearest
Kosovo law enforcement officials that the pursuit has crossed into Kosovo.
Once notification has been made, further pursuit and apprehension shall
be coordinated with Kosovo law enforcement. Following apprehension, suspects
shall be placed into the custody of the authorities originating the pursuit.
If the suspect has not been apprehended within four hours, the original
pursuing authorities shall cease their pursuit and immediately depart Kosovo
unless invited to continue their pursuit by the CJA or the CIM.
(a) Republic of Serbia Border
Police
(i) The Border Police shall
continue to exercise authority at Kosovo's international border crossings
and in connection with the enforcement of Federal Republic of Yugoslavia
immigration laws. The total number of border police shall be drawn down
to 75 within 14 days of entry into force of this agreement.
(a) Border Police officers
shall have authority within Kosovo to arrest and detain individuals who
have violated criminal provisions of the immigration laws.
(a) Except in accordance with
Article V and subparagraph (b) of this paragraph, any person arrested within
Kosovo shall be subject to the jurisdiction of the Kosovo courts.
(a) The CJA shall, in consultation
with the CIM, appoint and have the authority to remove the Chief Prosecutor.
b) an open and free political
environment;
a) Members of the Kosovo Assembly;
a) the preparation, conduct,
and supervision of all aspects of the electoral process, including development
and supervision of political party and voter registration, and creation
of secure and transparent procedures for production and dissemination of
ballots and sensitive election materials, vote counts, tabulations, and
publication of elections results;
(a) government-owned assets
(including educational institutions, hospitals, natural resources, and
production facilities);
(a) The CSC shall consist
of three experts designated by Kosovo, three experts designated jointly
by the Federal Republic of Yugoslavia and the Republic of Serbia, and three
independent experts designated by the CIM.
(a) supervise and direct the
implementation of the civilian aspects of this agreement pursuant to a
schedule that he shall specify;
(a) the Implementation Mission
and its premises, archives, and other property shall enjoy the same privileges
and immunities as a diplomatic mission under the Vienna Convention on Diplomatic
Relations;
1. The Parties acknowledge
that complete implementation will require political acts and measures,
and the election and establishment of institutions and bodies set forth
in this agreement. The Parties agree to proceed expeditiously with these
tasks on a schedule set by the Joint Commission. The Parties shall provide
active support, cooperation, and participation for the successful implementation
of this agreement.
Elections and Census
2. within nine months of the
entry into force of this agreement, there shall be elections in accordance
with and pursuant to procedures specified in Chapter 3 of this agreement
for authorities established herein, according to a voter list prepared
to international standards by the Central Election Commission. The Organization
for Security and Cooperation in Europe (OSCE) shall supervise those elections
to ensure that they are free and fair.
(a) The salaries and expenses
of the Ombudsman and his or her staff shall be determined and paid by the
Kosovo Assembly. The salaries and expenses shall be fully adequate to implement
the Ombudsman's mandate.
(a) alleged or apparent violations
of human rights and fundamental freedoms in Kosovo, as provided in the
Constitutions of the Federal Republic of Yugoslavia and the Republic of
Serbia, and the European Convention for the Protection of Human Rights
and Fundamental Freedoms and the Protocols thereto; and
(a) The Ombudsman shall have
access to and may examine all official documents, and he or she can require
any person, including officials of Kosovo, to cooperate by providing relevant
information, documents, and files.
(a) A Party, institution,
or official identified by the Ombudsman as a violator shall, within a period
specified by the Ombudsman, explain in writing how it will comply with
any prescriptions the Ombudsman may put forth for remedial measures.
(a) The United Nations Security
Council is invited to pass a resolution under Chapter VII of the Charter
endorsing and adopting the arrangements set forth in this Chapter, including
the establishment of a multinational military implementation force in Kosovo.
The Parties invite NATO to constitute and lead a military force to help
ensure compliance with the provisions of this Chapter. They also reaffirm
the sovereignty and territorial integrity of the Federal Republic of Yugoslavia
(FRY).
(a) to establish a durable
cessation of hostilities. Other than those Forces provided for in this
Chapter, under no circumstances shall any armed Forces enter, reenter,
or remain within Kosovo without the prior express consent of the KFOR Commander
(COMKFOR). For the purposes of this Chapter, the term "Forces" includes
all personnel and organizations with military capability, including regular
army, armed civilian groups, paramilitary groups, air forces, national
guards, border police, army reserves, military police, intelligence services,
Ministry of Internal Affairs, Local, Special, Riot and Anti-Terrorist Police,
and any other groups or individuals so designated by COMKFOR. The only
exception to the provisions of this paragraph is for civilian police engaged
in hot pursuit of a person suspected of committing a serious criminal offense,
as provided for in Chapter 2;
(a) By K-Day + 5 days, all
VJ Army units in Kosovo (with the exception of those Forces specified in
paragraph 2 of this Article) shall have completed redeployment to the approved
cantonment sites listed at Appendix A to this Chapter. The senior VJ commander
in Kosovo shall confirm in writing to COMKFOR by K-Day + 5 days that the
VJ is in compliance and provide the information required in Article VII
below to take account of withdrawals or other changes made during the redeployment.
This information shall be updated weekly.
(a) VJ Border Guard forces
shall be permitted but limited to a structure of 1500 members at preFebruary
1998 Border Guard Battalion facilities located in Djakovica, Prizren, and
Urosevac and subordinate facilities within the 5 kilometer Border Zone,
or at a limited number of existing facilities in the immediate proximity
of the Border Zone subject to the prior approval of COMKFOR, with that
number to be reached by K-Day + 14 days. An additional number of VJ personnel
-- totaling no more than 1000 C2 and logistics forces -- will be permitted
to remain in the approved cantonment sites listed at Appendix A to fulfill
brigade-level functions related only to border security. After an initial
90 day period from K-Day, COMKFOR may at any time review the deployments
of VJ personnel and may require further adjustments to force levels, with
the objective of reaching the minimum force structure required for legitimate
border security, as the security situation and the conduct of the Parties
warrant.
(a) within 1 kilometer of
VJ and MUP cantonments listed at Appendix A;
(c) within 1 kilometer of
the Border Zone;
(a) By K-Day + 5 days, all
Other Forces shall establish secure weapons storage sites, which shall
be registered with and verified by the KFOR;
(a) By K-Day + 5 days, all
MUP units in Kosovo (with the exception of the border police referred to
in Chapter 2) shall have completed redeployment to the approved cantonment
sites listed at Appendix A to this Chapter or to garrisons outside Kosovo.
The senior MUP commander in Kosovo or his representative shall confirm
in writing by K-Day + 5 days to COMKFOR and the CIM that the MUP is in
compliance and update the information required in Article VII to take account
of withdrawals or other changes made during the redeployment. This information
shall be updated weekly. Resumption of normal communal police patrolling
will be permitted under the supervision and control of the IM and as specifically
approved by the CIM in consultation with COMKFOR, and will be contingent
on compliance with the terms of this agreement.
(a) location, disposition,
and strengths of all military and special police units referred to above;
(a) to monitor and help ensure
compliance by all Parties with this Chapter and to respond promptly to
any violations and restore compliance, using military force if required.
This includes necessary action to:
i) enforce VJ and MUP reductions;
(a) to help create secure
conditions for the conduct by others of other tasks associated with this
agreement, including free and fair elections;
(a) KFOR and its personnel
shall have the legal status, rights, and obligations specified in Appendix
B to this Chapter;
(a) the senior Yugoslav military
commander of the Forces of the FRY or his representative;
(a) serve as the central body
for all Parties to address any military complaints, questions, or problems
that require resolution by the COMKFOR, such as allegations of cease-fire
violations or other allegations of non-compliance with this Chapter;
(a) grant the ICRC full access
to all persons, irrespective of their status, who are being held by them
in connection with the conflict, for visits in accordance with the ICRC's
standard operating procedures;
(a) "NATO" means the North
Atlantic Treaty Organization (NATO), its subsidiary bodies, its military
Headquarters, the NATO-led KFOR, and any elements/units forming any part
of KFOR or supporting KFOR, whether or not they are from a NATO member
country and whether or not they are under NATO or national command and
control, when acting in furtherance of this agreement.
(a) be immune from legal process
in respect of words spoken or written and all acts performed by them in
their official capacity;
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