COMPREHENSIVE PROPOSAL FOR A KOSOVO STATUS SETTLEMENT
Article 1 General Principles
1.1 Kosovo shall be a multi-ethnic society, which shall govern itself democratically, and with full respect for the rule of law, through its legislative, executive, and judicial institutions.
1.2 The exercise of public authority in Kosovo shall be based upon the equality of all citizens and respect for the highest level of internationally recognized human rights and fundamental freedoms, as well as the promotion and protection of the rights and contributions of all its Communities and their members.
1.3 Kosovo shall adopt a Constitution. The Constitution of Kosovo shall prescribe and guarantee the legal and institutional mechanisms necessary to ensure that Kosovo is governed by the highest democratic standards, and to promote the peaceful and prosperous existence of all its inhabitants. The Constitution shall include, but not be limited to, the principles and provisions contained in Annex I of this Settlement.
1.4 Kosovo shall have an open market economy with free competition.
1.5 Kosovo shall have the right to negotiate and conclude international agreements, including the right to seek membership in international organizations.
1.6 The official languages shall be Albanian and Serbian.
1.7 Kosovo shall have its own, distinct, national symbols, including a flag, seal and anthem, reflecting its multi-ethnic character.
1.8 Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.
1.9 Kosovo shall cooperate fully with all entities involved in the implementation of and undertake all obligations under this Settlement. Kosovo and the Republic of Serbia are encouraged to cooperate in good faith on issues pertinent to the implementation and realization of the terms of this Settlement.
1.10 The international community shall supervise, monitor and have all necessary powers to ensure effective and efficient implementation of this Settlement, as set forth in Annexes IX, X and XI. Kosovo shall also issue an invitation to the international community to assist Kosovo in successfully fulfilling Kosovo’s obligations to this end.
Article 2 Human Rights and Fundamental Freedoms
2.1 Kosovo shall promote, protect and respect the highest level of internationally recognized human rights and fundamental freedoms, including those rights and freedoms set forth in the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. Kosovo shall take all necessary measures towards ratifying the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols.
2.2 All persons in Kosovo are entitled to human rights and fundamental freedoms, without discrimination of any kind on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, association with community, property, birth or other status. All persons in Kosovo are equal before the law and are entitled, without any discrimination, to equal protection of the law.
2.3 The principles of non-discrimination and equal protection under the law shall be applied and respected in particular in the areas of employment in public administration and public enterprises, and access to public financing.
2.4 The Constitution of Kosovo shall prescribe the legal and institutional mechanisms for the protection, promotion, and enforcement of human rights of all persons in Kosovo, as set forth in Annex I of this Settlement.
2.5 Kosovo shall promote and fully respect a process of reconciliation among all its Communities and their members. Kosovo shall establish a comprehensive and gender-sensitive approach for dealing with its past, which shall include a broad range of transitional justice initiatives.
2.6 All competent authorities of Kosovo shall cooperate with and provide unrestricted access to internationally recognized human rights monitoring mechanisms or organizations.
Article 3 Rights of Communities and Their Members
3.1 Inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of Kosovo (hereinafter referred to as Communities) shall have specific rights as set forth in Annex II of this Settlement, in addition to the human rights and fundamental freedoms provided for in Article 2 of Annex I of this Settlement.
3.2 Kosovo shall guarantee the protection of the national or ethnic, cultural, linguistic and religious identity of all Communities and their members. Kosovo shall also establish the constitutional, legal and institutional mechanisms necessary for the promotion and protection of the rights of all members of Communities and for their representation and effective participation in political and decision-making processes, as set forth in Annexes I and II of this Settlement.
3.3 The authorities of Kosovo shall be guided in their policy and practice by the need to promote a spirit of peace, tolerance and intercultural and inter-religious dialogue among all Communities and their members.
Article 4 Rights of Refugees and Internally Displaced Persons
4.1 All refugees and internally displaced persons from Kosovo shall have the right to return and reclaim their property and personal possessions in accordance with domestic and international law.
4.2 Kosovo shall take all measures necessary to facilitate and to create an atmosphere conducive to the safe and dignified return of refugees and displaced persons, based upon their free and informed decisions, including efforts to promote and protect their freedom of movement and freedom from intimidation.
4.3 Kosovo shall cooperate fully with the United Nations High Commissioner for Refugees, who will assist the competent authorities in extending protection and assistance to returnees, and who will, inter alia, undertake periodic assessments and issue public reports on the conditions of return and the situation of the internally displaced within Kosovo, and shall also extend the cooperation to other organizations involved in the return process.
Article 5 Missing Persons
5.1 Kosovo and Serbia shall, in accordance with domestic and international norms and standards, take all measures necessary to determine and provide information regarding identities, whereabouts, and fates of missing persons, in full cooperation with the International Committee of the Red Cross (ICRC) and other relevant international partners.
5.2 Kosovo and Serbia shall continue to take part meaningfully, effectively, and without undue delay in the Working Group on Missing Persons established in the framework of the “Vienna Dialogue,” and chaired by the ICRC, or a similar successor mechanism as may be established. Kosovo and Serbia shall strengthen their respective governmental institutions charged with contributing to this effort with the legal mandate, authority, and resources necessary to maintain and intensify this dialogue, and ensure the active cooperation of all administrations concerned.
Article 6 Local Self-Government and Decentralization
6.1 Municipalities shall form the basic territorial units of local self-government in Kosovo.
6.2 Local self-government in Kosovo shall be based upon the principles of good governance, transparency, and efficiency and effectiveness in public service, having particular regard for the specific needs and concerns of non-majority Communities and their members.
6.3 Municipalities in Kosovo shall have the right to inter-municipal and cross-border cooperation on matters of mutual interest in the exercise of their responsibilities, as set forth in Annex III of this Settlement.
6.4 New municipal boundaries shall be delineated in accordance with the Attachment to Annex III of this Settlement.
Article 7 Religious and Cultural Heritage
7.1 Kosovo shall ensure the autonomy and protection of all religious denominations and their sites within its territory.
7.2 The Serbian Orthodox Church in Kosovo (SOC), including its clergy and their affiliates, activities and property shall be afforded additional security and other protections for the full enjoyment of its rights, privileges and immunities, as set forth in Annex V of this Settlement.
7.3 The SOC shall be the sole owner of its property in Kosovo, with exclusive discretion over the management of its property and access to its premises, as set forth in Annex V of this Settlement.
7.4 An Implementation and Monitoring Council (IMC) shall be established by the International Civilian Representative (ICR) to monitor and facilitate full implementation of the special arrangements and protections accorded to the SOC and Serbian religious and cultural sites, as set forth in Annex V of this Settlement.
Article 8 Economic and Property Issues
8.1 Kosovo shall pursue an economic, social and fiscal policy necessary for a sustainable economy. To support, in particular, a sustainable system of public accounts, Kosovo shall establish with the European Commission, and in close cooperation with the International Monetary Fund, a fiscal surveillance mechanism. Kosovo, in preparing its budget, shall consult with the ICR.
8.2 Any international debt of the Republic of Serbia apportioned to Kosovo as a result of the debt reconciliation process, as set forth in Annex VI of this Settlement, shall be deemed to be a financial liability of Kosovo.
8.3 Immovable and movable property of the Federal Republic of Yugoslavia or the Republic of Serbia located within the territory of Kosovo at the time of this Settlement shall pass to Kosovo.
8.4 Publicly owned enterprises (POEs) and related obligations, and socially owned enterprises (SOEs) and their assets, currently under the jurisdiction of the Kosovo Trust Agency (KTA), shall be regulated as set forth in Annex VII of this Settlement.
8.5 Kosovo shall recognize, protect, and enforce the rights of persons to private movable and immovable property located in Kosovo in accordance with established international norms and standards. Claims regarding private immovable property, including agricultural and commercial property, shall continue to be addressed, where appropriate, by the Kosovo Property Agency (KPA), in accordance with Annex VII of this Settlement. Kosovo shall address property restitution issues, including those related to the Serbian Orthodox Church, as a matter of priority, in accordance with Annex VII of this Settlement.
8.6 Kosovo and the Republic of Serbia shall strive to settle directly any claims between them, which are not otherwise addressed by this Settlement, by mutual agreement, taking into account relevant international norms and standards. Kosovo and the Republic of Serbia are expected to ensure fair and non-discriminatory treatment of property and financial claims of each other’s citizens, and shall ensure fair and non-discriminatory access to their jurisdictions and claims resolution mechanisms.
Article 9 Security Sector
9.1 Except as otherwise provided in this settlement, Kosovo shall have authority over law enforcement, security, justice, public safety, intelligence, civil emergency response and border control on its territory.
9.2 Kosovo security institutions shall operate in accordance with internationally recognized democratic standards and human rights, and shall ensure equitable representation of all Communities throughout their ranks.
9.3 The International Civilian Representative (ICR) and the International Military Presence (IMP), in accordance with provisions of this settlement and in line with their respective mandates, shall supervise and guide the development and evolution of the Kosovo security institutions.
9.4 A new professional and multiethnic Kosovo Security Force (KSF) shall be established, and shall develop a lightly armed component capable of specified security functions, in accordance with Annex VIII of this Settlement.
9.5 Kosovo shall establish a civilian-led organization of the Government to exercise civilian control over the KSF, in accordance with this Settlement.
9.6 The KPC, having accomplished its goals, including the facilitation of Kosovo’s post-conflict recovery, shall be disbanded within one year after the entry into force of this settlement.
9.7 All organizations not authorized by law to conduct activities in Kosovo in the security sector shall cease to operate.
Article 10 Constitutional Commission and Elections
10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement.
10.2 The Constitutional Commission shall be composed of twenty-one (21) Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society. Fifteen (15) members shall be appointed by the President of Kosovo, in consultation with the Presidency of the Assembly. Three (3) members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb Community, and three (3) members appointed by the Assembly members holding seats reserved for other Kosovo non- Albanian Communities.
10.3 The Commission shall establish meaningful mechanisms to inform members of the public about its work. The ICR shall appoint representatives to assist the work of the Commission, including in developing its rules of procedure and evaluating available international models for constitution drafting.
10.4 The Assembly may not formally approve the Constitution until such time as the ICR has certified it as in accordance with the terms of this Settlement. The Assembly shall formally approve the Constitution within 120 days of the entry into force of this settlement by the current members of the Assembly of Kosovo with a two thirds majority of those members present and voting, following appropriate consultations with Assembly members of Communities who are not in the majority in Kosovo. Upon formal approval, the Constitution shall be deemed adopted by they Kosovo Assembly and shall enter into force on the first day immediately following the end of the transition period, as defined in Article 14.1 of this Settlement.
10.5 No later than 9 months from the entry into force of this settlement, Kosovo shall organize general and municipal elections in accordance with the terms of this settlement and the new municipal boundaries, as defined by Annex III of this Settlement. The elections shall be certified by a competent international authority as having met international standards.
Article 11 International Civilian Representative
11.1 An International Steering Group (ISG) comprising key international stakeholders shall appoint an International Civilian Representative (ICR), and will seek UN Security Council endorsement of the appointment. The ICR and the EU Special Representative (EUSR), appointed by the Council of the European Union, shall be the same person.
11.2 The ISG shall support and give guidance to the International Civilian Representative in fulfilling his/her mandate.
11.3 The ICR shall have overall responsibility for the supervision, and shall be the final authority in Kosovo regarding interpretation of this Settlement, as set forth in Annex IX, in particular Article 2, of this Settlement.
11.4 As set forth in Annex IX of this Settlement, the ICR shall be entrusted to exercise certain powers to ensure and supervise full implementation of this Settlement including the power to take measures, as necessary, to prevent and remedy breaches of this Settlement. Powers shall also be conferred to the ICR in his/her capacity as EUSR, as set forth in Annex IX of this Settlement.
11.5 The ICR shall have the overall coordinating role over the activities of other international organizations in Kosovo insofar as they relate to ICR’s responsibility to monitor and ensure full implementation of this Settlement, as set forth in Annex IX of this Settlement.
11.6 The mandate of the ICR shall continue until the International Steering Group determines that Kosovo has implemented the terms of this Settlement. The ISG shall provide direction on the ultimate phase-out of the ICR.
11.7 The ISG shall conduct its first review of the mandate of the ICR, on the basis of the state of implementation of this Settlement, no later than two years after the entry into force of this Settlement.
Article 12 International Support in the Area of Rule of Law
12.1 The European Union shall establish a European Security and Defense Policy (ESDP) Mission in the field of rule of law.
12.2 The ESDP Mission shall assist Kosovo authorities in their progress towards sustainability and accountability and in further developing and strengthening an independent judiciary, police and customs service, ensuring that these institutions are free from political interference and in accordance with internationally recognized standards and European best practices.
12.3 The ESDP Mission shall support implementation of this Settlement and shall provide mentoring, monitoring and advice in the area of the rule of law generally, while retaining certain powers, in particular, with respect to the judiciary, police, customs and correctional services, under modalities and for a duration to be determined by the EU Council, in accordance with Annexes IX and X of this Settlement.
Article 13 International Military Presence
13.1 NATO shall establish an International Military Presence (IMP) to support implementation of this settlement, as set forth in Annex XI of this Settlement.
13.2 This IMP shall be a NATO-led force and shall operate under the authority, and be subject to the direction and political control of the North Atlantic Council through the NATO chain of command. NATO’s military presence in Kosovo does not preclude a possible future follow-on military mission by another international security organization, subject to a revised mandate.
13.3 The IMP shall cooperate closely with, and support the work of, the ICR, the ESDP Mission, and other international organizations as may be present in Kosovo, to monitor and ensure full implementation of this Settlement.
13.4 The IMP shall be responsible for pproviding a safe and secure environment throughout the territory of Kosovo, in conjunction with the ICR and in support of the Kosovo institutions, until such time as Kosovo’s institutions are capable of assuming responsibility, on a case-by-case basis, for the security tasks performed by the IMP. Kosovo, supported by the ICR and the IMP, shall develop a process to provide a transition plan for hand-over of IMP security responsibilities over time.
13.5 The IMP shall have overall responsibility for the development and training of the Kosovo Security Force, and NATO shall have overall responsibility for the development and establishment of a civilian-led organization of the Government to exercise civilian control over this Force, without prejudice to the responsibilities of the ICR, as set forth in Annex IX of this Settlement.
Article 14 Transitional Arrangements and Final Provisions
14.1 Upon the entry into force of this Settlement, there shall be a 120 day transition period:
a) During the transition period, UNMIK shall continue to exercise its mandate in accordance with relevant UNSC resolutions, in consultation with the International Civilian Representative (ICR). The ICR shall have the authority to monitor implementation of the Settlement during the transition period and to make recommendations to UNMIK on actions to be taken to ensure compliance with the Settlement.
b) The Constitutional Framework for Provisional Self-Government and other applicable laws shall remain in effect until the end of the transition period to the extent not inconsistent with this Settlement.
c) The Assembly of Kosovo shall formally approve a new Constitution before the end of this transition period, in accordance with the terms of this Settlement.
d) If, by the end of the transition period, the new Constitution has not been formally approved , UNMIK shall amend the Constitutional Framework for Provisional Self-Government, in accordance with the terms of this Settlement. The amended Constitutional Framework for Provisional Self-Government shall remain in force until such time as the new Constitution is adopted by the Assembly.
e) During the transition period, the Kosovo Assembly, in consultation with the ICR, shall formally approve the necessary legislation, in particular as set forth in Annex XII of this Settlement, to fully implement the terms of this Settlement. Such legislation, which shall not require the further approval of, or promulgation by UNMIK, shall be deemed formally adopted by the Kosovo Assembly and shall become effective immediately upon the conclusion of the transition period, if in accordance with this Settlement and the new Constitution or Constitutional Framework as amended by UNMIK. Until such legislation has become effective, competent authorities in Kosovo shall take all measures necessary to ensure that no actions are taken that contravene the provisions of this Settlement
f) During the transition period, UNMIK and the ICR, or his/her representative, shall co-chair working groups to formulate with Kosovo the details and modalities of the transfer of authority.
g) At the end of the transition period, UNMIK’s mandate shall expire and all legislative and executive authority vested in UNMIK shall be transferred en bloc to the governing authorities of Kosovo, unless otherwise provided for in this Settlement. At this time, the ICR and IMP shall assume full responsibility for the exercise of their respective mandates, as set forth in this Settlement.
h) The legal regime governing the resolution of all residual responsibilities of UNMIK shall be established during the transition period by agreement between the UN (UNMIK) and Kosovo, in consultation with the ICR.
14.2 In close cooperation with the ICR, UNMIK shall ensure an orderly transition of the legal framework currently in force to the legal framework established under this Settlement.
14.2.1 UNMIK Regulations promulgated by the SRSG pursuant to UNSCR 1244, including Administrative Directions and Executive Decisions issued by the SRSG, and laws adopted by the Assembly of Kosovo shall continue to apply, unless otherwise provided for in this Settlement, until their validity expires, or until they are revoked or replaced by legislation regulating the same subject matter in accordance with the provisions of this Settlement.