February 23, 1999
Interim Agreement for Peace and Self-Government in Kosovo
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
nongovernmental organizations working in Kosovo as determined by the Chief
of the Implementation Mission (CIM).
6. All staff, whether national or international, working with international
or non-governmental organizations including with the Yugoslav Red Cross,
shall be allowed unrestricted access to the Kosovo population for purposes
of international assistance. All persons in Kosovo shall similarly have
safe, unhindered, and direct access to the staff of such organizations.
Other Issues
7. Federal organs shall not take any decisions that have a differential,
disproportionate, injurious, or discriminatory effect on Kosovo. Such
decisions, if any, shall be void with regard to Kosovo.
8. Martial law shall not be declared in Kosovo.
9. The Parties shall immediately comply with all requests for support from
the Implementation Mission (IM). The IM shall have its own broadcast
frequencies for radio and television programming in Kosovo. The Federal
Republic of Yugoslavia shall provide all necessary facilities, including
frequencies for radio communications, to all humanitarian organizations
responsible for delivering aid in Kosovo.
Detention of Combatants and Justice Issues
10. All abducted persons or other persons held without charge shall be
released. The Parties shall also release and transfer in accordance with
this Agreement all persons held in connection with the conflict. The
Parties shall cooperate fully with the International Committee of the Red
Cross (ICRC) to facilitate its work in accordance with its mandate,
including ensuring full access to all such persons, irrespective of their
status, wherever they might be held, for visits in accordance with the
ICRC's standard operating procedures.
11. The Parties shall provide information, through tracing mechanisms of
the ICRC, to families of all persons who are unaccounted for. The Parties
shall cooperate fully with the ICRC and the International Commission on
Missing Persons in their efforts to determine the identity, whereabouts,
and fate of those unaccounted for.
12. Each Party:
(a) shall not prosecute anyone for crimes related to the conflict in
Kosovo, except for persons accused of having committed serious violations
of international humanitarian law. In order to facilitate transparency, the
Parties shall grant access to foreign experts (including forensics experts)
along with state investigators;
(b) shall grant a general amnesty for all persons already convicted of
committing politically motivated crimes related to the conflict in Kosovo.
This amnesty shall not apply to those properly convicted of committing
serious violations of international humanitarian law at a fair and open
trial conducted pursuant to international standards.
13. All Parties shall comply with their obligation to cooperate in the
investigation and prosecution of serious violations of international
humanitarian law.
(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 expertsincluding 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 I
Constitution
Affirming their belief in a peaceful society, justice, tolerance, and
reconciliation,
Resolved to ensure respect for human rights and the equality of all
citizens and national communities,
Recognizing that the preservation and promotion of the national, cultural,
and linguistic identity of each national community in Kosovo are necessary
for the harmonious development of a peaceful society,
Desiring through this interim Constitution to establish institutions of
democratic self-government in Kosovo grounded in respect for the
territorial integrity and sovereignty of the Federal Republic of Yugoslavia
and from this Agreement, from which the authorities of governance set forth
herein originate,
Recognizing that the institutions of Kosovo should fairly represent the
national communities in Kosovo and foster the exercise of their rights and
those of their members,
Recalling and endorsing the principles/basic elements adopted by the
Contact Group at its ministerial meeting in London on January 29, 1999,
Article I: Principles of Democratic
Self-Government in Kosovo
1. Kosovo shall govern itself democratically through the legislative,
executive, judicial, and other organs and institutions specified herein.
Organs and institutions of Kosovo shall exercise their authorities
consistent with the terms of this Agreement.
2. All authorities in Kosovo shall fully respect human rights, democracy,
and the equality of citizens and national communities.
3. The Federal Republic of Yugoslavia has competence in Kosovo over the
following areas, except as specified elsewhere in this Agreement: (a)
territorial integrity, (b) maintaining a common market within the Federal
Republic of Yugoslavia, which power shall be exercised in a manner that
does not discriminate against Kosovo, (c) monetary policy, (d) defense, (e)
foreign policy, (f) customs services, (g) federal taxation, (h) federal
elections, and (i) other areas specified in this Agreement.
4. The Republic of Serbia shall have competence in Kosovo as specified in
this Agreement, including in relation to Republic elections.
5. Citizens in Kosovo may continue to participate in areas in which the
Federal Republic of Yugoslavia and the Republic of Serbia have competence
through their representation in relevant institutions, without prejudice to
the exercise of competence by Kosovo authorities set forth in this
Agreement.
6. With respect to Kosovo:
(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 intercommunal issues are involved;
(xiv) Adopting programs of economic, scientific, technological,
demographic, regional, and social development, as well as urban planning;
(xv) Adopting programs for the development of agriculture and of rural reas;
(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,
dditional 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 1.2 of Chapter 5 of this Agreement;
(vi) Meeting regularly with the Federal and Republic Presidents; and
(vii) Other functions specified herein or by law.
Article IV: Government and Administrative Organs
1. Executive power shall be exercised by the Government. The Government
shall be responsible for implementing the laws of Kosovo, and of other
government authorities when such responsibilities are devolved by those
authorities. The Government shall also have competence to propose laws to
the Assembly.
(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 nondiscriminatory. The Assembly shall decide upon a procedure for
resolving disputes between national communities.
4. The additional rights of the national communities, acting through their
democratically elected institutions, are to:
(a) preserve and protect their national, cultural, religious, and
linguistic identities, including by:
(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
(l) financing the work of communal institutions, including raising
revenues, taxes, and preparing budgets.
5. The communes shall also have responsibility for all other areas within
Kosovo's authority not expressly assigned elsewhere herein, subject to the
provisions of Article II.5(b) of this Constitution.
6. Each commune shall conduc^?^?its business in public and shall maintain
publicly available records of its deliberations and decisions.
Article IX: Representation
1. Citizens in Kosovo shall have the right to participate in the election of:
(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 1.3-8 or to this
Article, nor shall any amendment diminish the rights granted by Articles VI
and VII.
Article XI: Entry into Force
This Constitution shall enter into force upon signature of this Agreement.
Chapter 2
Police and Civil Public Security
Article I: General Principles
1. All law enforcement agencies, organizations and personnel of the
Parties, which for purposes of this Chapter will include customs and border
police operating in Kosovo, shall act in compliance with this Agreement and
shall observe internationally recognized standards of human rights and due
process. In exercising their functions, law enforcement personnel shall not
discriminate on any ground, such as sex, race, color, language, religion,
political or other opinion, national or social origin, association with a
national ommunity, 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
1. As they build up, communal police units, organized and stationed at the
communal and municipal levels, shall assume primary responsibility for law
enforcement in Kosovo. The specific responsibilities of the communal police
will include police patrols and crime prevention, criminal investigations,
arrest and detention of criminal suspects, crowd control, and traffic
control.
2. Number and Composition. The total number of communal police established
by this Agreement operating within Kosovo shall not exceed 3,000 active
duty law enforcement officers. However, the CIM shall have the authority to
increase or decrease this personnel ceiling if he determines such action is
necessary to meet operational needs. Prior to taking any such action, the
CIM shall consult with the Criminal Justice Administration and other
officials as appropriate. The national communities in each commune shall be
fairly represented in the communal police unit.
3. Criminal Justice Administration.
(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
1. Under the supervision of the IM, the CJA shall establish an interim
Police Academy that will offer mandatory and professional development
training for all public security personnel, including border police. Until
the interim police academy is established, IM will oversee a temporary
training program for public security personnel including border police.
2. All public security personnel shall be required to complete a course of
police studies successfully before serving as communal police officers.
3. The Academy shall be headed by a Director appointed and removed by the
CJA in consultation with the Kosovo Criminal Justice Commission and the IM.
The Director shall consult closely with the IM and comply fully with its
recommendations and (guidance.
4. All Republic and Federal police training facilities in Kosovo, including
the academy at Vucitrn, will cease operations within 6 months of the entry
into force of this Agreement.
Article IV: Criminal Justice Commissions
1. The parties shall establish a Kosovo Criminal Justice Commission and
Communal Criminal Justice Commissions. The CIM or his designee shall chair
meetings of these Commissions. They shall be forums for cooperation,
coordination and the resolution of disputes concerning law enforcement and
civil public security in Kosovo.
2. The functions of the Commissions shall include the following:
(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 Vi border guard, as appropriate;
(vii) a representative of the MUP, as appropriate, while present in Kosovo; and
(viii) A representative of KFOR, as appropriate.
(b) In the Communal Criminal Justice Commissions:
(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 MUP 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 be effective
under current conditions in Kosovo, and to provide assistance to the
Parties to create conditions for free and fair elections.
3. The Parties shall comply fully with Paragraphs 7 and 8 of the OSCE
Copenhagen Document, which are attached to this Chapter.
Article II: Role of the OSCE
1. The Parties request the OSCE to adopt and put in place an elections
program for Kosovo and supervise elections as set forth in this Agreement.
2. The Parties request the OSCE to supervise, in a manner to be determined
by the OSCE and in cooperation with other international organizations the
OSCE deems necessary, the preparation and conduct of elections for:
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 4
Economic Issues
Article I
1. The economy of Kosovo shall function in accordance with free market
principles.
2. The authorities established to levy and collect taxes and other charges
are set forth in this Agreement. Except as otherwise expressly provided,
all authorities have the right to keep all revenues from their own taxes or
other charges consistent with this Agreement.
3. Certain revenue from Kosovo taxes and duties shall accrue to the
Communes, taking into account the need for an equalization of revenues
between the Communes based on objective criteria. The Assembly of Kosovo
shall enact appropriate non-discriminatory legislation for this purpose.
The Communes may also levy local taxes in accordance with this Agreement.
4. The Federal Republic of Yugoslavia shall be responsible for the
collection of all customs duties at international borders in Kosovo. There
shall be no impediments to the free movement of persons, goods, services,
and capital to and from Kosovo.
5. Federal authorities shall ensure that Kosovo receives a proportionate
and equitable share of benefits that may be derived from international
agreements concluded by the Federal Republic and of Federal resources.
6. Federal and other authorities shall within their respective powers and
responsibilities ensure the free movement of persons, goods, services, and
capital to Kosovo, including from international sources. They shall in
particular allow access to Kosovo without discrimination for persons
delivering such goods and services.
7. If expressly required by an international donor or lender, international
contracts for reconstruction projects shall be concluded by the authorities
of the Federal Republic of Yugoslavia, which shall establish appropriate
mechanisms to make such funds available to Kosovo authorities. Unless
precluded by the terms of contracts, all reconstruction projects that
exclusively concern Kosovo shall be managed and implemented by the
appropriate Kosovo authority.
Article II
1. The Parties agree to reallocate ownership and resources in accordance
insofar as possible with the distribution of powers and responsibilities
set forth in this Agreement, in the following areas:
(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 1.5; and
(d) any other matters relating to economic relations between the Parties
not covered by this Agreement.
2. The Parties agree to the creation of a Claim Settlement Commission (CSC)
to resolve all disputes between them on matters referred to in paragraph 1.
(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 4 A
Humanitarian Assistance, Reconstruction and Economic Development
1. In parallel with the continuing full implementation of this Agreement,
urgent attention must be focused on meeting the real humanitarian and
economic needs of Kosovo in order to help create the conditions for
reconstruction and lasting economic recovery. International assistance will
be provided without discrimination between national communities.
2. The Parties welcome the willingness of the European Commission working
with the international community to co-ordinate international support for
the parties' efforts. Specifically, the European Commission will organize
an international donors' conference within one month of entry into force of
this Agreement.
3. The international community will provide immediate and unconditional
humanitarian assistance, focusing primarily on refugees and internally
displaced persons returning to their former homes. The Parties welcome and
endorse the UNHCR's lead role in co-ordination of this effort, and endorse
its intention, in close co-operation with the Implementation Mission, to
plan an early, peaceful, orderly and phased return of refugees and
displaced persons in conditions of safety and dignity.
4 . The international community will provide the means for the rapid
improvement of living conditions for the population of Kosovo through the
reconstruction and rehabilitation of housing and local infrastructure
(including water, energy, health and local education infrastructure) based
on damage assessment surveys.
5. Assistance will also be provided to support the establishment and
development of the institutional and legislative framework laid down in
this Agreement, including local governance and tax settlement, and to
reinforce civil society, culture and education. Social welfare will also be
addressed, with priority given to the protection of vulnerable social
groups.
6. It will also be vital to lay the foundations for sustained development,
based on a revival of the local economy. This must take account of the need
to address unemployment, and to stimulate the economy by a range of
mechanisms. The European Commission will be giving urgent attention to this.
7. International assistance, with the exception of humanitarian aid, will
be subject to full compliance with this Agreement as well as other
conditionalities defined in advance by the donors and the absorptive
capacity of Kosovo.
Chapter 5
Implementation I
Article I: Institutions
Implementation Mission
1. The Parties invite the OSCE, in cooperation with the European Union, to
constitute an Implementation Mission in Kosovo. All responsibilities and
powers previously vested in the Kosovo Verification Mission and its Head by
prior agreements shall be continued in the Implementation Mission and its
Chief.
Joint Commission
2. A Joint Commission shall serve as the central mechanism for monitoring
and coordinating the civilian implementation of this Agreement. It shall
consist of the Chief of the Implementation Mission (CIM), one Federal and
one Republic representative, one representative of each national community
in Kosovo, the President of the Assembly, and a representative of the
President of Kosovo. Meetings of the Joint Commission may be attended by
other representatives of organizations specified in this Agreement or
needed for its implementation.
3. The CIM shall serve as the Chair of the Joint Commission. The Chair
shall coordinate and organize the work of the Joint Commission and decide
the time and place of its meetings. The Parties shall abide by and fully
implement the decisions of the Joint Commission. The Joint Commission shall
operate on the basis of consensus, but in the event consensus cannot be
reached, the Chair's decision shall be final.
4. The Chair shall have full and unimpeded access to all places, persons,
and information (including documents and other records) within Kosovo that
in his judgment are necessary to his responsibilities with regard to the
civilian aspects of this Agreement.
Joint Council and Local Councils
5. The CIM may, as necessary, establish a Kosovo Joint Council and Local
Councils, for informal dispute resolution and cooperation. The Kosovo Joint
Council would consist of one member from each of the national communities
in Kosovo. Local Councils would consist of representatives of each national
community living in the locality where the Local Council is established.
Article II: Responsibilities and Powers
1. The CIM shall:
(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 be later agreed.
Article III: Status of Implementation Mission
1. Implementation Mission personnel shall be allowed unrestricted movement
and access into and throughout Kosovo at any time.
2. The Parties shall facilitate the operations of the Implementation
Mission, including by the provision of assistance as requested with regard
to transportation, subsistence, accommodation, communication, and other
facilities.
3. The Implementation Mission shall enjoy such legal capacity as may be
necessary for the exercise of its functions under the laws and regulations
of Kosovo, the Federal Republic of Yugoslavia, and the Republic of Serbia.
Such legal capacity shall include the capacity to contract, and to acquire
and dispose of real and personal property.
4. Privileges and immunities are hereby accorded as follows to the
Implementation Mission and associated personnel:
(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 official's superior or the public prosecutor
for appropriate penal action to be taken in accordance with the law.
3. The Ombudsman shall issue findings and conclusions in the form of a
published report promptly after concluding an investigation.
(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 cooperate fully with each other and
with all international organizations, agencies, and non-governmental
organizations involved in the implementation of this Agreement. They
welcome the willingness of the international community to send to the
region a force to assist in the implementation of this Agreement.
(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 "KFOR") which may be composed of ground, air, and maritime
units from NATO and non-NATO nations, operating under the authority and
subject to the direction and the political control of the North Atlantic
Council (NAC) through the NATO chain of command. The Parties agree to
facilitate the deployment and operations of this force and agree also to
comply fully with all the obligations of this Chapter.
(c) It is agreed that other States may assist in implementing this Chapter.
The Parties agree that the modalities of those States' participation will
be the subject of agreement between such participating States and NATO.
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 COMKFOR. The only exception to the provisions
of this paragraph is for civilian police engaged in hot pursuit of a person
suspected of committing a serious criminal offense, as provided for in
Chapter 2;
(b) to provide for the support and authorization of the KFOR and in
particular to authorize the KFOR to take such actions as are required,
including the use of necessary force, to ensure compliance with this
Chapter and the protection of the KFOR, Implementation Mission (IM), and
other international organizations, agencies, and nongovernmental
organizations involved in the implementation of this Agreement, and to
contribute to a secure environment;
(c) to provide, at no cost, the use of all facilities and services required
for the deployment, operations and support of the KFOR.
3. The Parties understand and agree that the obligations undertaken in this
Chapter shall apply equally to each Party. Each Party shall be held
individually responsible for compliance with its obligations, and each
agrees that delay or failure to comply by one Party shall not constitute
cause for any other Party to fail to carry out its own obligations. All
Parties shall be equally subject to such enforcement action by the KFOR as
may be necessary to ensure implementation of this Chapter in Kosovo and the
protection of the KFOR, IM, and other international organizations,
agencies, and non governmental organizations involved in the implementation
of this Agreement.
Article II: Cessation of Hostilities
1. The Parties shall, immediately upon entry into force of this Agreement
(EIF), refrain from committing any hostile or provocative acts of any type
against eac^?^?other or against any person in Kosovo. They shall not
encourage or organize hostile or provocative demonstrations.
2. In carrying out the obligations set forth in paragraph 1, the Parties
undertake in particular to cease the firing of all weapons and explosive
devices except as authorized by COMKFOR. They shall not place any mines,
barriers, unauthorized checkpoints, observation posts (with the exception
of COMKFOR-approved border observation posts and crossing points), or
protective obstacles. Except as provided in Chapter 2, the Parties shall
not engage in any military, security, or trainingrelated activities,
including ground, air, or air defense operations, in or over Kosovo,
without the prior express approval of COMKFOR.
3. Except for Border Guard forces (as provided for in Article IV), no Party
shall have Forces present within a 5 kilometer zone inward from the
international border of the FRY that is also the border of Kosovo
(hereinafter "the Border Zone"). The Border Zone will be marked on the
ground by EIF + 14 days by VJ Border Guard personnel in accordance with
direction from IM. COMKFOR may determine small scale reconfigurations for
operational reasons.
4.
(a) With the exception of civilian police performing normal police duties
as determined by the CIM, no Party shall have Forces present within 5
kilometers of the Kosovo side of the boundary of Kosovo with other parts of
the FRY.
(b) The presence of any Forces within 5 kilometers of the other side of
that boundary shall be notified to COMKFOR; if, in the judgment of COMKFOR,
such presence threatens or would threaten implementation of this Chapter in
Kosovo, he shall contact the authorities responsible for the Forces in
question and may require those Forces to withdraw from or remain outside
that area.
5. No Party shall conduct any reprisals, counter-attacks, or any unilateral
actions in response to violations of this Chapter by another Party. The
Parties shall respond to alleged violations of this Chapter through the
procedures provided in Article XI.
Article III: Redeployment, Withdrawal and Demilitarization of Forces
In order to disengage their Forces and to avoid any further conflict, the
Parties shall immediately upon EIF begin to re-deploy, withdraw, or
demilitarize their Forces in accordance with Articles IV, V, and VI.
Article IV: VJ Forces
1. VJ Army Units
(a) By K-Day + 5 days, all VJ Army units in Kosovo (with the exception of
those Forces specified in paragraph 2 of this Article) shall have completed
redeployment to the approved cantonment sites listed at Appendix A to this
Chapter. The senior VJ commander in Kosovo shall confirm in writing to
COMKFOR by K-Day + 5 days that the VJ is in compliance and provide the
information required in Article VII below to take account of withdrawals or
other changes made during the redeployment. This information shall be
updated weekly.
(b) By K-Day + 30 days, the Chief of the VJ General Staff, through the
senior VJ commander in Kosovo, shall provide for approval by COMKFOR a
detailed plan for the phased withdrawal of VJ Forces from Kosovo to other
locations in Serbia to ensure the following timelines are met:
i) By K-Day + 90 days, VJ authorities must, to the satisfaction of COMKFOR,
withdraw from Kosovo to other locations in Serbia 50% of men and materiel
and all designated offensive assets. Such assets are taken to be: main
battle tanks; all other armored vehicles mounting weapons greater than
12.7mm; and, all heavy weapons (vehicle mounted or not) of over 82mm.
ii) By K-Day + 180 days, all VJ Army personnel and equipment (with the
exception of those Forces specified in paragraph 2 of this Article) shall
be withdrawn from Kosovo to other locations in Serbia.
2. VJ Border Guard Forces
(a) VJ Border Guard forces shall be permitted but limited to a structure of
1500 members at preFebruary 1998 Border Guard Battalion facilities located
in Djakovica, Prizren, and Urosevac and subordinate facilities within the 5
kilometer Border Zone, or at a limited number of existing facilities in the
immediate proximity of the Border Zone subject to the prior approval of
COMKFOR, with that number to be reached by K-Day + 14 days. An additional
number of VJ personnel -- totaling no more than 1000 C2 and logistics
forces -- will be permitted to remain in the approved cantonment sites
listed at Appendix A to fulfill brigade-level functions related only to
border security. After an initial 90 day period from K-Day, COMKFOR may at
any time review the deployments of VJ personnel and may require further
adjustments to force levels, with the objective of reaching the minimum
force structure required for legitimate border security, as the security
situation and the conduct of the Parties warrant.
(b) VJ elements in Kosovo shall be limited to weapons of 82mm and below.
They shall possess neither armored vehicles (other than wheeled vehicles
mounting weapons of 12.7mm or less) nor air defense weapons.
(c) VJ Border Guard units shall be permitted to patrol in Kosovo only
within the Border Zone and solely for the purpose of defending the border
against external attack and maintaining its integrity by preventing illicit
border crossings. Geographic terrain considerations may require Border
Guard maneuver inward of the Border Zone; any such maneuver shall be
coordinated with and approved by COMKFOR.
(d) With the exception of the Border Zone, VJ units may travel through
Kosovo only to reach duty stations and garrisons in the Border Zone or
approved cantonment sites. Such travel may only be along routes and in
accordance with procedures that have been determined by COMKFOR after
consultation with the CIM, VJ unit commanders, communal government
authorities, and police commanders. These routes and procedures will be
determined by K-Day + 14 days, subject to redetermination by COMKFOR at any
time. VJ forces in Kosovo but outside the Border Zone shall be permitted to
act only in self-defense in response to a hostile act pursuant to Rules of
Engagement (ROE) which will be approved by COMKFOR in consultation with the
CIM. When deployed in the Border Zone, they will act in accordance with ROE
established under control of COMKFOR.
(e) VJ Border Guard forces may conduct training activities only within the
5 kilometer Border Zone, and only with the prior express approval of
COMKFOR.
3. Yugoslav Air and Air Defense Forces (YAADF)
All aircraft, radars, surface-to-air missiles (including man-portable air
defense systems (MANPADS) and anti-aircraft artillery in Kosovo shall
immediately upon EIF begin withdrawing from Kosovo to other locations in
Serbia outside the 25 kilometer Mutual Safety Zone as defined in Article X.
This withdrawal shall be completed and reported by the senior VJ commander
in Kosovo to the appropriate NATO commander not more than 10 days after
EIF. The appropriate NATO commander shall control and coordinate use of
airspace over Kosovo commencing at EIF as further specified in Article X.
No air defense systems, target tracking radars, or anti-aircraft artillery
shall be positioned or operated within Kosovo or the 25 kilometer Mutual
Safety Zone without the prior express approval of the appropriate NATO
commander.
Article V: Other Forces
1. The actions of Forces in Kosovo other than KFOR, VJ, MUP, or local
police forces provided for in Chapter 2 (hereinafter referred to as "Other
Forces") shall be in accordance with this Article. Upon EIF, all Other
Forces in Kosovo must immediately observe the provisions of Article I,
paragraph 2, Article II, paragraph 1, and Article III and in addition
refrain from all hostile intent, military training and formations,
organization of demonstrations, and any movement in either direction or
smuggling across international borders or the boundary between Kosovo and
other parts of the FRY. Furthermore, upon EIF, all Other Forces in Kosovo
must publicly commit themselves to demilitarize on terms to be determined
by COMKFOR, renounce violence, guarantee security of international
personnel, and respect the international borders of the FRY and all terms
of this Chapter.
2. Except as approved by COMKFOR, from K-Day, all Other Forces in Kosovo
must not carry weapons:
(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 Reka - Pristina
4) Djakovica - Orahovac - Lapusnik - Pristina
5) Pec-Djakovica - Prizren - Urosevac - border
6) border - Urosevac - Pristina -Podujevo - border
7) Pristina - Kosovska Mitrovica - border
8) Kosovka Mitrovica - (Rakos) - Pec
9) Pec - Boreder with Montenegro (through Rozaj)
10) Pristina - Lisica - border with Serbia
11) Pristina - Gnjilane - Urosevac
12) Gnjilane - Veliki Trnovac - border with Serbia;
13) Prizren - Doganovic
(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:
i) By K-Day + 5 days, those MUP units not assigned to Kosovo prior to 1
February 1998 shall withdraw all personnel and equipment from Kosovo to
other locations in Serbia.
ii) By K-Day + 20 days, all Special Police, including PJP, SAJ, and JSO
forces, and their equipment shall be withdrawn from their cantonment sites
out of Kosovo to other locations in Serbia. Additionally, all MUP offensive
assets (designated as armored vehicles mounting weapons 12.7mm or larger,
and all heavy weapons (vehicle mounted or not) of over 82mm.) shall be
withdrawn.
(c) By K-Day + 30 days, the senior MUP commander shall provide for approval
by COMKFOR, in consultation with the CIM, a detailed plan for the phased
drawdown of the remainder of MUP forces. In the event that COMKFOR, in
consultation with the CIM, does not approve the plan, he has the authority
to issue his own binding plan for further MUP drawdowns. The CIM will
decide at the same time when the remaining MUP units will wear new
insignia. In any case, the following time-table must be met:
i) by K-Day + 60 days, 50% drawdown of the remaining MUP units including
reservists. The CIM after consultations with COMKFOR shall have the
discretion to extend this deadline for up to K-Day + 90 days if he judges
there to be a risk of a law enforcement vacuum;
ii) by K-Day + 120 days, further drawdown to 2500 MUP. The CIM after
consultations with COMKFOR shall have the discretion to extend this
deadline for up to K-Day + 180 days to meet operational needs;
iii) transition to communal police force shall begin as Kosovar police are
trained and able to assume their duties. The CIM shall organize this
transition between MUP and communal police;
iv) in any event, by EIF + one year, all Ministry of Interior Civil Police
shall be drawn down to zero. The CIM shall have the discretion to extend
this deadline for up to an additional 12 months to meet operational needs.
(d) The 2500 MUP allowed by this Chapter and referred to in Article V.1(a)
of Chapter 2 shall have authority only for civil police functions and be
under the supervision and control of the CIM.
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:
i) enforce VJ and MUP reductions;
ii) enforce demilitarization of Other Forces;
iii) enforce restrictions on all VJ, MUP and Other Forces' activities,
movement and training in Kosovo;
(b) to establish liaison arrangements with IM, and support IM as appropriate;
(c) to establish liaison arrangements with local Kosovo authorities, with
Other Forces, and with FRY and Serbian civil and military authorities;
(d) to observe, monitor, and inspect any and all facilities or activities
in Kosovo, including within the Border Zone, that the COMKFOR believes has
or may have military capability, or are or may be associated with the
employment of military or police capabilities, or are otherwise relevant to
compliance with this Chapter;
(e) to require the Parties to mark and clear minefields and obstacles and
to monitor their performance;
(f) to require the Parties to participate in the Joint Military Commission
and its subordinate military commissions as described in Article XI.
3. The Parties understand and agree that the KFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal
tasks, its capabilities, and available resources, and as directed by the
NAC, which include the following:
(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 B 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 provision of this Chapter, the Parties
understand and agree that COMKFOR has the right and is authorized to compel
the removal, withdrawal, or relocation of specific Forces and weapons, and
to order the cessation of any activities whenever the COMKFOR determines
such Forces, weapons, or activities to constitute a threat or potential
threat to either the KFOR or its mission, or to another Party. Forces
failing to redeploy, withdraw, relocate, or to cease threatening or
potentially threatening activities following such a demand by the KFOR
shall be subject to military action by the KFOR, including the use of
necessary force, to ensure compliance, consistent with the terms set forth
in Article I, paragraph 3.
Article IX: Border Control
The Parties understand and agree that, until other arrangements are
established, and subject to provisions of this Chapter and Chapter 2,
controls along the international border of the FRY that is also the border
of Kosovo will he maintained by the existing institutions normally assigned
to such tasks, subject to supervision by the KFOR and the IM, which shall
have the right to review and approve all personnel and units, to monitor
their performance, and to remove and replace any personnel for behavior
inconsistent with this Chapter.
Article X: Control of Air Movements
The appropriate NATO commander shall have sole authority to establish rules
and procedures governing command and control of the airspace over Kosovo as
well as within a 25 kilometer Mutual Safety Zone (MSZ). This MSZ shall
consist of FRY airspace within 25 kilometers outward from the boundary of
Kosovo with other parts of the FRY. This Chapter supersedes the NATO Kosovo
Verification Mission Agreement of October 12, 1998 on any matter or area in
which they may contradict each other. No military air traffic, fixed or
rotary wing, of any Party shall be permitted to fly over Kosovo or in the
MSZ without the prior express approval of the appropriate NATO commander.
Violations of any of the provisions above, including the appropriate NATO
commander's rules and procedures governing the airspace over Kosovo, as
well as unauthorized flight or activation of FRY Integrated Air Defense
(IADS) within the MSZ, shall be subject to military action by the KFOR,
including the use of necessary force. The KFOR shall have a liaison team at
the FRY Air Force HQ and a YAADF liaison shall he established with the
KFOR. The Parties understand and agree that the appropriate NATO commander
may delegate control of normal civilian air activities to appropriate FRY
institutions to monitor operations, deconflict KFOR air traffic movements,
and ensure smooth and safe operation of the air traffic system.
Article XI: Establishment of a Joint Military Commission
1. A Joint Military Commission (JMC) shall be established with the
deployment of the KFOR to Kosovo.
2. The JMC shall be chaired by COMKFOR or his representative and consist of
the following members:
(a) the senior Yugoslav military commander of the Forces of the FRY or his
representative;
(b) the Ministers of Interior of the FRY and Republic of Serbia or their
representatives;
(c) a senior military representative of all Other Forces;
(d) a representative of the IM;
(e) other persons as COMKFOR shall determine, including one or more
representatives of the Kosovo civilian leadership.
3. The JMC shall:
(a) serve as the central body for all Parties to address any military
complaints, questions, or problems that require resolution by the COMKFOR,
such as allegations of cease-fire violations or other allegations of
non-compliance with this Chapter;
(b) receive reports and make recommendations for specific actions to
COMKFOR to ensure compliance by the Parties with the provisions of this
Chapter;
(c) assist COMKFOR in determining and implementing local transparency
measures between the Parties.
4. The JMC shall not include any persons publicly indicted by the
International Criminal Tribunal for the Former Yugoslavia.
5. The JMC shall function as a consultative body to advise COMKFOR.
However, all final decisions shall be made by COMKFOR and shall be binding
on the Parties.
6. The JMC shall meet at the call of COMKFOR. Any Party may request COMKFOR
to convene a meeting.
7. The JMC shall establish subordinate military commissions for the purpose
of providing assistance in carrying out the functions described above. Such
commissions shall be at an appropriate level, as COMKFOR shall direct.
Composition of such commissions shall be determined by COMKFOR.
Article XII: Prisoner Release
1. By EIF + 21 days, the Parties shall release and transfer, in accordance
with international humanitarian standards, all persons held in connection
with the conflict (hereinafter "prisoners"). In addition, the Parties shall
cooperate fully with the International Committee of the Red Cross (ICRC) to
facilitate its work, in accordance with its mandate, to implement and
monitor a plan for the release and transfer of prisoners in accordance with
the above deadline. In preparation for compliance with this requirement,
the Parties shall:
(a) grant the ICRC full access to all persons, irrespective of their
status, who are being held by them in connection with the conflict, for
visits in accordance with the ICRC's standard operating procedures;
(b) provide to the ICRC any and all information concerning prisoners, as
requested by the ICRC, by EIF + 14 days.
2. The Parties shall provide information, through the tracing mechanisms of
the ICRC, to the families of all persons who are unaccounted for. The
Parties shall cooperate fully with the ICRC in its efforts to determine the
identity, whereabouts, and fate of those unaccounted for.
Article XIII: Cooperation
The Parties shall cooperate fully with all entities involved in
implementation of this settlement, as described in the Framework Agreement,
or which are otherwise authorized by the United Nations Security Council,
including the International Criminal Tribunal for the former Yugoslavia.
Article XIV: Notification to Military Commands.
Each Party shall ensure that the terms of this Chapter and written orders
requiring compliance are immediately communicated to all of its Forces.
Article XV: Final Authority to Interpret
1. Subject to paragraph 2, the KFOR Commander is the final authority in
theater regarding interpretation of this Chapter and his determinations are
binding on all Parties and persons.
2. The CIM is the final authority in theater regarding interpretation of
the references in this Chapter to his functions (directing the VJ Border
Guards under Article II, paragraph 3; his functions concerning the MUP
under Article VI) and his determinations are binding on all Parties and
persons.
Article XVI: K-Day
The date of activation of KFOR -- to be known as K-Day -shall be determined
by NATO.
Appendices:
A. Approved VJ/MUP Cantonment Sites
B. Status of Multi-National Military Implementation Force
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Appendix A:
Approved VJ/MUP Cantonment Sites
1. There are 13 approved cantonment sites in Kosovo for all VJ units,
weapons, equipment, and ammunition. Movement to cantonment sites, and
subsequent withdrawal from Kosovo, will occur in accordance with this
Chapter. As the phased withdrawal of VJ units progresses along the timeline
as specified in this Chapter, COMKFOR will close selected cantonment sites.
2. Initial approved VJ cantonment sites:
a) Pristina SW 423913NO210819E
b) Pristina Airfield 423412NO210040E
c) Vuctrin North 424936NO205755E
d) Kosovska Mitrovica 425315NO205227E
e) Gnjilane NE 422807NO212845E
f) Urosevac 422233NO210753E
g) Prizren 421315NO204504E
h) Djakovica SW 422212NO202530E
i) Pec 42391ON0201728E
j) Pristina Explosive Storage Fac 423636NO211225E
k) Pristina Ammo Depot SW 423518NO205923E
1) Pristina Ammo Depot 510 424211NO211056E
m) Pristina Headquarters facility 423938NO210934E
3. Within each cantonment site, VJ units are required to canton all heavy
weapons and vehicles outside of storage facilities.
4. After EIF + 180 days, the remaining 2500 VJ forces dedicated to border
security functions provided for in this Agreement will be garrisoned and
cantoned at the following locations: Djakovica, Prizren, and Ursoevac;
subordinate border posts within the Border Zone; a limited number of
existing facilities in the immediate proximity of the Border Zone subject
to the prior approval of COMKFOR; and headquarters/C2 and logistic support
facilities in Pristina.
5. There are 37 approved cantonment sites for all MUP and Special Police
force units in Kosovo. There are seven (7) approved regional SUPs. Each of
the 37 approved cantonment sites will fall under the administrative
control of one of the regional SUPs. Movement to cantonment sites, and
subsequent withdrawal of MUP from Kosovo, will occur in accordance with
this Chapter.
6. Approved MUP regional SUPs and cantonment sites:
a) Kosovska Mitrovica SUP 42530ON0205200E
1) Kosovska Mitrovica (2 locations)
2) Leposavic
3) Srbica
4) Vucitrn
5) Zubin Potok
b) Pristina SUP 42400ON0211000E
1) Pristina (6 locations)
2) Glogovac
3) Kosovo Polje
4) Lipjan
5) Obilic
6) Podujevo
c) Pec SUP 42390ON0201800E
1) Pec (2 locations)
2) Klina
3) Istok
4) Malisevo
d) Djakovica SUP 42230ON0202600E
1) Djakovica (2 locations)
2) Decani
e) Urosevac SUP 42220ON0211000E
1) Urosevac (2 locations)
2) Stimlje
3) Strpce
4) Kacanik
f) Gnjilane SUP 42280ON0212900E
1) Gnjilane (2 locations)
2) Kamenica
3) Vitina
4) Kosovska
5) Novo Brdo
g) Prizren SUP 42130ON0204500E
1) Prizren (2 locations)
2) Orahovac
3) Suva Reka
4) Gora
7. Within each cantonment site, MUP units are required to canton all
vehicles above 6 tons, including APCs and BOVs, and all heavy weapons
outside of storage facilities.
8.KFOR will have the exclusive right to inspect any cantonment site or any
other location, at any time, without interference from any Party.
-----------------------------------------------
Appendix B:
Status of Multi-National Military Implementation Force
1. For the purposes of this Appendix, the following expressions shall have
the meanings hereunder assigned to them:
(a) "NATO" means the North Atlantic Treaty Organization (NATO), its
subsidiary bodies, its military Headquarters, the NATO-led KFOR, and any
elements/units forming any part of KFOR or supporting KFOR, whether or not
they are from a NATO member country and whether or not they are under NATO
or national command and control, when acting in furtherance of this
Agreement.
(b) "Authorities in the FRY" means appropriate authorities, whether
Federal, Republic, Kosovo or other.
(c) "NATO personnel" means the military, civilian, and contractor personnel
assigned or attached to or employed by NATO, including the military,
civilian, and contractor personnel from non-NATO states participating in
the Operation, with the exception of personnel locally hired.
(d) "the Operation" means the support, implementation, preparation, and
participation by NATO and NATO personnel in furtherance of this Chapter.
(e) "Military Headquarters" means any entity, whatever its denomination,
consisting of or constituted in part by NATO military personnel established
in order to fulfill the Operation.
(f) "Authorities" means the appropriate responsible individual, agency, or
organization of the Parties.
(g) "Contractor personnel" means the technical experts or functional
specialists whose services are required by NATO and who are in the
territory of the FRY exclusively to serve NATO either in an advisory
capacity in technical matters, or for the setting up, operation, or
maintenance of equipment, unless they are:
(i) nationals of the FRY; or
(ii) persons ordinarily resident in the FRY.
(h) "Official use" means any use of goods purchased, or of the services
received and intended for the performance of any function as required by
the operation of the Headquarters.
(i) "Facilities" means all buildings, structures, premises, and land
required for conducting the operational, training, and administrative
activities by NATO for the Operation as well as for accommodation of NATO
personnel.
2. Without prejudice to their privileges and immunities under this
Appendix, all NATO personnel shall respect the laws applicable in the FRY,
whether Federal, Republic, Kosovo, or other, insofar as compliance with
those laws is compatible with the entrusted tasks/mandate and shall refrain
from activities not compatible with the nature of the operation.
3. The Parties recognize the need for expeditious departure and entry
procedures for NATO personnel. Such personnel shall be exempt from passport
and visa regulations and the registration requirements applicable to
aliens. At all entry and exit points to/from the FRY, NATO personnel shall
be permitted to enter/exit the FRY on production of a national
identification (ID) card. NATO personnel shall carry identification which
they may be requested to produce for the authorities in the FRY, but
operations, training, and movement shall not be allowed to be impeded or
delayed by such requests.
4. NATO military personnel shall normally wear uniforms, and NATO personnel
may possess and carry arms if authorized to do so by their orders. The
Parties shall accept as valid, without tax or fee, drivers, licenses and
permits issued to NATO personnel by their respective national authorities.
5. NATO shall be permitted to display the NATO flag and/or national flags
of its constituent national elements/units on any NATO uniform, means of
transport, or facility.
6.
(a) NATO shall be immune from all legal process, whether civil,
administrative, or criminal.
(b) NATO personnel, under all circumstances and at all times, shall be
immune from the Parties' jurisdiction in respect of any civil,
administrative, criminal, or disciplinary offenses which may be committed
by them in the FRY. The Parties shall assist States participating in the
operation in the exercise of their jurisdiction over their own nationals.
(c) Notwithstanding the above, and with the NATO Commander's express
agreement in each case, the authorities in the FRY may exceptionally
exercise jurisdiction in such matters, but only in respect of Contractor
personnel who are not subject to the jurisdiction of their nation of
citizenship.
7. NATO personnel shall be immune from any form of arrest, investigation,
or detention by the authorities in the FRY. NATO personnel erroneously
arrested or detained shall immediately be turned over to NATO authorities.
8. NATO personnel shall enjoy, together with their vehicles, vessels,
aircraft, and equipment, free and unrestricted passage and unimpeded access
throughout the FRY including associated airspace and territorial waters.
This shall include, but not be limited to, the right of bivouac, maneuver,
billet, and utilization of any areas or facilities as required for support,
training, and operations.
9. NATO shall be exempt from duties, taxes, and other charges and
inspections and custom regulations including providing inventories or other
routine customs documentation, for personnel, vehicles, vessels, aircraft,
equipment, supplies, and provisions entering, exiting, or transiting the
territory of the FRY in support of the Operation.
10. The authorities in the FRY shall facilitate, on a priority basis and
with all appropriate means, all movement of personnel, vehicles, vessels,
aircraft, equipment, or supplies, through or in the airspace, ports,
airports, or roads used. No charges may be assessed against NATO for air
navigation, landing, or takeoff of aircraft, whether government-owned or
chartered. Similarly, no duties, dues, tolls or charges may be assessed
against NATO ships, whether government-owned or chartered, for the mere
entry and exit of ports. Vehicles, vessels, and aircraft used in support of
the operation shall not be subject to licensing or registration
requirements, nor commercial insurance.
11. NATO is granted the use of airports, roads, rails, and ports without
payment of fees, duties, dues, tolls, or charges occasioned by mere use.
NATO shall not, however, claim exemption from reasonable charges for
specific services requested and received, but operations/movement and
access shall not be allowed to be impeded pending payment for such services.
12. NATO personnel shall be exempt from taxation by the Parties on the
salaries and emoluments received from NATO and on any income received from
outside the FRY.
13. NATO personnel and their tangible moveable property imported into,
acquired in, or exported from the FRY shall be exempt from all duties,
taxes, and other charges and inspections and custom regulations.
14. NATO shall be allowed to import and to export, free of duty, taxes and
other charges, such equipment, provisions, and supplies as NATO shall
require for the operation, provided such goods are for the official use of
NATO or for sale to NATO personnel. Goods sold shall be solely for the use
of NATO personnel and not transferable to unauthorized persons.
15. The Parties recognize that the use of communications channels is
necessary for the Operation. NATO shall be allowed to operate its own
internal mail services. The Parties shall, upon simple request, grant all
telecommunications services, including broadcast services, needed for the
operation, as determined by NATO. This shall include the right to utilize
such means and services as required to assure full ability to communicate,
and the right to use all of the electro-magnetic spectrum for this purpose,
free of cost. In implementing this right, NATO shall make every reasonable
effort to coordinate with and take into account the needs and requirements
of appropriate authorities in the FRY.
16. The Parties shall provide, free of cost, such public facilities as NATO
shall require to prepare for and execute the Operation. The Parties shall
assist NATO in obtaining, at the lowest rate, the necessary utilities, such
as electricity, water, gas and other resources, as NATO shall require for
the Operation.
17. NATO and NATO personnel shall be immune from claims of any sort which
arise out of activities in pursuance of the operation; however, NATO will
entertain claims on an ex gratia basis.
18. NATO shall be allowed to contract directly for the acquisition of
goods, services, and construction from any source within and outside the
FRY. Such contracts, goods, services, and construction shall not be subject
to the payment of duties, taxes, or other charges. NATO may also carry out
construction works with their own personnel.
19. Commercial undertakings operating in the FRY only in the service of
NATO shall be exempt from local laws and regulations with respect to the
terms and conditions of their employment and licensing and registration of
employees, businesses, and corporations.
20. NATO may hire local personnel who on an individual basis shall remain
subject to local laws and regulations with the exception of
labor/employment laws. However, local personnel hired by NATO shall:
(a) be immune from legal process in respect of words spoken or written and
all acts performed by them in their official capacity;
(b) be immune from national services and/or national military service
obligations;
(c) be subject only to employment terms and conditions established by NATO; and
(d) be exempt from taxation on the salaries and emoluments paid to them by
NATO.
21. In carrying out its authorities under this Chapter, NATO is authorized
to detain individuals and, as quickly as possible, turn them over to
appropriate officials.
22. NATO may, in the conduct of the operation, have need to make
improvements or modifications to certain infrastructure in the FRY, such as
roads, bridges, tunnels, buildings, and utility systems. Any such
improvements or modifications of a non-temporary nature shall become part
of and in the same ownership as that infrastructure. Temporary improvements
or modifications may be removed at the discretion of the NATO Commander,
and the infrastructure returned to as near its original condition as
possible, fair wear and tear excepted.
23. Failing any prior settlement, disputes with the regard to the
interpretation or application of this Appendix shall be settled between
NATO and the appropriate authorities in the FRY.
24. Supplementary arrangements with any of the Parties may be concluded to
facilitate any details connected with the Operation.
25. The provisions of this Appendix shall remain in force until completion
of the Operation or as the Parties and NATO otherwise agree.
Chapter 8
Amendment, Comprehensive Assessment, and Final Clauses
Article I: Amendment and Comprehensive Assessment
1. Amendments to this Agreement shall be adopted by agreement of all the
Parties, except as otherwise provided by Article X of Chapter 1.
2. Each Party may propose amendments at any time and will consider and
consult with the other Parties with regard to proposed amendments.
3. Three years after the entry into force of this Agreement, an
international meeting shall be convened to determine a mechanism for a
final settlement for Kosovo, on the basis of the will of the people,
opinions of relevant authorities, each Party's efforts regarding the
implementation of this Agreement, and the Helsinki Final Act, and to
undertake a comprehensive assessment of the implementation of this
Agreement and to consider proposals by any Party for additional measures.
Article II: Final Clauses
1. This Agreement is signed in the English language. After signature of
this Agreement, translations will be made into Serbian, Albanian, and other
languages of the national communities of Kosovo, and attached to the
English text.
2.This Agreement shall enter into force upon signature.
FOR FOR FOR
Federal Republic of Republic of Kosovo
Yugoslavia Serbia