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Interim Agreement for
Peace and Self-Government
in Kosovo
February, 23 1999
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 agreed as follows:
Framework
Article I: Principles
1. All citizens in Kosovo shall enjoy, without
discrimination, the equal rights and freedoms set forth
in this Agreement.
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
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.
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
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.
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 non-
governmental 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.
(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.
(b) The Parties shall also allow complete, unimpeded,
and unfettered access to international experts-
including forensics experts and investigators-to
investigate allegations of serious violations of
international humanitarian law.
Independent Media
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.
Chapter 1
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:
(a) There shall be no changes to the borders of
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:
(a) assistance in designing school curricula and
standards;
(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:
(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
(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.
(a) Eighty members shall be directly elected.
(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 per cent 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 Assembly shall be responsible for enacting laws 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:
(i) Financing activities of Kosovo institutions,
including by levying taxes and duties on
sources within Kosovo;
(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 inter-
communal 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:
(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.
(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:
(i) Representing Kosovo, including before any
international or Federal body or any body of the
Republics;
(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 I.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.
(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.
(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.
(a) National communities shall be fairly represented
at all levels in the Administrative Organs.
(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:
(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.
(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.
(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.
(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 non-
discriminatory. 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:
(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;
(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:
(a) the right to enjoy unhindered contacts with members
of their respective national communities elsewhere
in the Federal Republic of Yugoslavia and abroad;
(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.
(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.
(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:
(a) law enforcement, as specified in Chapter 2 of this
Agreement;
(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
(1) 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
l. Citizens in Kosovo shall have the right to participate in
the election of:
(a) At least 10 deputies in the House of Citizens of the
Federal Assembly; and
(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:
(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
(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 I.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:
(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;
(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
l. 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 coiling 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.
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.
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.
(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.
(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.
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.
(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
l. 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:
(a) Monitor, review, and make recommendations regarding
the operation of law enforcement personnel and
policies in Kosovo, including communal police units;
(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:
(a) In the Kosovo Criminal Justice Commission:
(i) a representative of each commune;
(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 VJ 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:
(i) the communal police commander;
(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).
(a) During the transition to communal police, the
remaining MTJP shall carry out only normal policing
duties, and shall draw down, pursuant to the
schedule described in Chapter 7.
(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.
(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.
(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.
(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.
(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.
(a) Border Police officers shall have authority within
Kosovo to arrest and detain individuals who have
violated criminal provisions of the immigration
laws.
(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.
(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.
(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.
(a) The CJA shall, in consultation with the CIM, appoint
and have the authority to remove the Chief Prosecutor.
(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:
a) freedom of movement for all citizens;
b) an open and free political environment;
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 he 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:
a) Members of the Kosovo Assembly;
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:
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;
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 4a
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:
(a) government-owned assets (including educational
institutions, hospitals, natural resources, and
production facilities);
(b) pension and social insurance contributions;
(c) revenues to be distributed under Article I.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.
(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.
(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 4b
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:
(a) supervise and direct the implementation of the
civilian aspects of this Agreement pursuant to a
schedule that he shall specify;
(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 he 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:
(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;
(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
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.
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.
(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.
(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:
(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
(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.
(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.
(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
officials 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.
(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.
(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 co-
operate 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.
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).
b. The Parties agree that NATO will establish and
deploy a force (hereinafter IIKFORII) 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.
2. The purposes of these obligations are as follows:
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 COMKFOP,. 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;
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 non-
governmental 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 training-
related 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
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
vi 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.
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 Vi Forces from
Kosovo to other locations in Serbia to ensure the
following timelines are met:
1) 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.
2) 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
a. VJ Border Guard forces shall be permitted but
limited to a structure of 1500 members at pre-
February 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.
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 re-
determination 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 S 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:
a. within 1 kilometer of VJ and MUP cantonments
listed at Appendix A;
b. within 1 kilometer of the main roads as follows:
1) Pec - Lapusnik - Pristina
2) border - Djakovica - Klina
3) border - Prizren - Suva Rika - 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 - Border with Montenegro (through Pozaj)
10) Pristina - Lisica - border with Serbia
11) Pristina - Gnjilane - Urosevac
12) Gnjilane - Veliki Trnovac - border with
Serbia;
13) Prizren - Doganovic
c. within 1 kilometer of the Border Zone;
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:
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;
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).
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.
b. Immediately upon EIF, the following withdrawals
shall begin:
1) 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.
2) 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:
1) 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;
2) 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;
3) 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;
4) 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.
Article 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:
a. location, disposition, and strengths of all
military and special police units referred to
above;
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:
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:
1) enforce VJ and MUP reductions;
2) enforce demilitarization of Other Forces;
3) 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:
a. to help create secure conditions for the conduct
by others of other tasks associated with this
Agreement, including free and fair elections;
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:
a. KFOR and its personnel shall have the legal
status, rights, and obligations specified in
Appendix 13 to this Chapter;
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 provisions 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 be 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