Rambouillet
(il
documento: tutti ne parlano, ma sostanzialmente pochi lo conoscono)
(solo in Veneto e in Alto Adige hanno iniziati a farne la traduzione
letterale )
(Chiedono anche loro l'indipendenza con l'autodeterminazione. Un diritto
dei popoli! Come reagiranno gli italiani? )
( "La Slovenia è passata, ora se passa il Kosovo - dicono - passerà anche
il Veneto libero!" )
(ma non c'è da preoccuparsi; negli ultimi anni si è pensato solo a fare gli
"schei" , la "fabbrichetta", la "mercedes" e le
"ville", non a trasformarsi in UVK (unione veneti kombattenti).
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:
Article I: Principles
1. All citizens in Kosovo shall enjoy, without discrimination, the equal rights and freedoms set forth in this Agreement.
2. National communities and their members shall have additional rights specified in Chapter 1. Kosovo, Federal, and Republic authorities shall not interfere with the exercise of these additional rights. The national communities shall be legally equal as specified herein, and shall not use their additional rights to endanger the rights of other national communities or the rights of citizens, the sovereignty and territorial integrity of the Federal Republic of Yugoslavia, or the functioning of representative democratic government in Kosovo.
3. All authorities in Kosovo shall fully respect human rights, democracy, and the equality of citizens and national communities.
4. Citizens in Kosovo shall have the right to democratic self-government through legislative, executive, judicial, and other institutions established in accordance with this Agreement. They shall have the opportunity to be represented in all institutions in Kosovo. The right to democratic self-government shall include the right to participate in free and fair elections.
5. Every person in Kosovo may have access to international institutions for the protection of their rights in accordance with the procedures of such institutions.
6. The Parties accept that they will act only within their powers and responsibilities in Kosovo as specified by this Agreement. Acts outside those powers and responsibilities shall be null and void. Kosovo shall have all rights and powers set forth herein, including in particular as specified in the Constitution at Chapter 1. This Agreement shall prevail over any other legal provisions of the Parties and shall be directly applicable. The Parties shall harmonize their governing practices and documents with this Agreement.
7. The Parties agree to cooperate fully with all international organizations working in Kosovo on the implementation of this Agreement.
Article II: Confidence-Building Measures
End of Use of Force
1. Use of force in Kosovo shall cease immediately. In accordance with this Agreement, alleged violations of the cease-fire shall be reported to international observers and shall not be used to justify use of force in response.
2. The status of police and security forces in Kosovo, including withdrawal of forces, shall be governed by the terms of this Agreement. Paramilitary and irregular forces in Kosovo are incompatible with the terms of this Agreement.
Return
3. The Parties recognize that all persons have the right to return to their homes. Appropriate authorities shall take all measures necessary to facilitate the safe return of persons, including issuing necessary documents. All persons shall have the right to reoccupy their real property, assert their occupancy rights in state-owned property, and recover their other property and personal possessions. The Parties shall take all measures necessary to readmit returning persons to Kosovo.
4. The Parties shall cooperate fully with all efforts by the United Nations High Commissioner for Refugees , (UNHCR) and other international and non-governmental organizations concerning the repatriation and return of persons, including those organizations, monitoring of the treatment of persons following their return.
Access for International Assistance
5. There shall be no impediments to the normal flow of goods into Kosovo, including materials for the reconstruction of homes and structures. The Federal Republic of Yugoslavia shall not require visas, customs, or licensing for persons or things for the Implementation Mission (IM), the UNHCR, and other international organizations, as well as for non- governmental organizations working in Kosovo as determined by the Chief of the Implementation Mission (CIM).
6. All staff, whether national or international, working with international or non-governmental organizations including with the Yugoslav Red Cross, shall be allowed unrestricted access to the Kosovo population for purposes of international assistance. All persons in Kosovo shall similarly have safe, unhindered, and direct access to the staff of such organizations.
Other Issues
7. Federal organs shall not take any decisions that have a differential, disproportionate, injurious, or discriminatory effect on Kosovo. Such decisions, if any, shall be void with regard to Kosovo.
8. Martial law shall not be declared in Kosovo. 9. The Parties shall immediately comply with all requests for support from the implementation Mission (IM). The IM shall have its own broadcast frequencies for radio and television programming in Kosovo. The Federal Republic of Yugoslavia shall provide all necessary facilities, including frequencies for radio communications, to all humanitarian organizations responsible for delivering aid in Kosovo.
Detention of Combatants and Justice Issues
10. All abducted persons or other persons held without charge shall be released. The Parties shall also release and transfer in accordance with this Agreement all persons held in connection with the conflict. The Parties shall cooperate fully with the International Committee of the Red Cross (ICRC) to facilitate its work in accordance with its mandate, including ensuring full access to all such persons, irrespective of their status, wherever they might be held, for visits in accordance with the ICRC's standard operating procedures.
11. The Parties shall provide information, through tracing mechanisms of the ICRC, to families of all persons who are unaccounted for. The Parties shall cooperate fully with the ICRC and the International Commission on Missing Persons in their efforts to determine the identity, whereabouts, and fate of those unaccounted for.
12. Each Party:
(a) shall not prosecute anyone for crimes related to the conflict in Kosovo, except for persons accused of having committed serious violations of international humanitarian law. In order to facilitate transparency, the Parties shall grant access to foreign experts (including forensics experts) along with state investigators;
(b) shall grant a general amnesty for all persons already convicted of committing politically motivated crimes related to the conflict in Kosovo. This amnesty shall not apply to those properly convicted of committing serious violations of international humanitarian law at a fair and open trial conducted pursuant to international standards.
13. All Parties shall comply with their obligation to cooperate in the investigation and prosecution of serious violations of international humanitarian law.
(a) As required by United Nations Security Council resolution 827 (1993) and subsequent resolutions, the Parties shall fully cooperate with the International Criminal Tribunal for the Former Yugoslavia in its investigations and prosecutions, including complying with its requests for assistance and its orders.
(b) The Parties shall also allow complete, unimpeded, and unfettered access to international experts- including forensics experts and investigators-to investigate allegations of serious violations of international humanitarian law.
Independent Media
14. Recognizing the importance of free and independent media for the development of a democratic political climate necessary for the reconstruction and development of Kosovo, the Parties shall ensure the widest possible press freedoms in Kosovo in all media, public and private, including print, television, radio, and Internet.
Chapter1
Constitution
Affirming their belief in a peaceful society, justice, tolerance, and reconciliation,
Resolved to ensure respect for human rights and the equality of all citizens and national communities,
Recognizing that the preservation and promotion of the national, cultural, and linguistic identity of each national community in Kosovo are necessary for the harmonious development of a peaceful society,
Desiring through this interim Constitution to establish institutions of democratic self-government in Kosovo grounded in respect for the territorial integrity and sovereignty of the Federal Republic of Yugoslavia and from this Agreement, from which the authorities of governance set forth herein originate,
Recognizing that the institutions of Kosovo should fairly represent the national communities in Kosovo and foster the exercise of their rights and those of their members,
Recalling and endorsing the principles/basic elements adopted by the Contact Group at its ministerial meeting in London on January 29, 1999,
Article I: Principles of Democratic Self-Government in Kosovo
1. Kosovo shall govern itself democratically through the legislative, executive, judicial, and other organs and institutions specified herein. Organs and institutions of Kosovo shall exercise their authorities consistent with the terms of this Agreement.
2. All authorities in Kosovo shall fully respect human rights, democracy, and the equality of citizens and national communities.
3. The Federal Republic of Yugoslavia has competence in Kosovo over the following areas, except as specified elsewhere in this Agreement:
(a) territorial integrity,
(b) maintaining a common market within the Federal Republic of Yugoslavia, which power shall be exercised in a manner that does not discriminate against Kosovo,
(c) monetary policy, (d) defense, (e) foreign policy,
(f) customs services, (g) federal taxation, (h) federal elections, and (i) other areas specified in this Agreement.
4. The Republic of Serbia shall have competence in Kosovo as specified in this Agreement, including in relation to Republic elections.
5. Citizens in Kosovo-may continue to participate in areas in which the Federal Republic of Yugoslavia and the Republic of Serbia have competence through their representation in relevant institutions, without prejudice to the exercise of competence by Kosovo authorities set forth in this Agreement.
6. With respect to Kosovo:
(a) There shall be no changes to the borders of Kosovo;
(b) Deployment and use of police and security forces shall be governed by Chapters 2 and 7 of this Agreement; and
(c) Kosovo shall have authority to conduct foreign relations within its areas of responsibility equivalent to the power provided to Republics under Article 7 of the Constitution of the Federal Republic of Yugoslavia.
7. There shall be no interference with the right of citizens and national communities in Kosovo to call upon appropriate institutions of the Republic of Serbia for the following purposes:
(a) assistance in designing school curricula and standards;
(b) participation in social benefits programs, such as care for war veterans, pensioners, and disabled persons; and
(c) other voluntarily received services, provided that these services are not related to police and security matters governed by Chapters 2 and 7 of this Agreement, and that any Republic personnel serving in Kosovo pursuant to this paragraph shall be unarmed service providers acting at the invitation of a national community in Kosovo.
The Republic shall have the authority to levy taxes or charges on those citizens requesting services pursuant to this paragraph, as necessary to support the provision of such services.
8.The basic territorial unit of local self-government in Kosovo shall be the commune. All responsibilities in
Kosovo not expressly assigned elsewhere shall be the responsibility of the communes.
9.To preserve and promote democratic self-government in Kosovo, all candidates for appointed, elective, or other public office, and all office holders, shall meet the following criteria:
(a) No person who is serving a sentence imposed by the International Criminal Tribunal for the Former Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may stand as a candidate or hold any office; and
(b) All candidates and office holders shall renounce violence as a mechanism for achieving political goals; past political or resistance activities shall not be a bar to holding office in Kosovo.
Article II: The Assembly General
1. Kosovo shall have an Assembly, which shall be comprised of 120 Members.
(a) Eighty members shall be directly elected.
(b) A further 40 Members shall be elected by the members of qualifying national communities.
(i) Communities whose members constitute more than 0.5 per cent of the Kosovo population but less than 5 per cent shall have ten of these seats, to be divided among them in accordance with their proportion of the overall population.
(ii) communities whose members constitute more than 5 per cent of the Kosovo population shall divide the remaining thirty seats equally. The Serb and Albanian national communities shall be presumed to meet the 5 per cent population threshold.
Other Provisions
2. Elections for all Members shall be conducted democratically, consistent with the provisions of Chapter 3 of this Agreement. Members shall be elected for a term of three years.
3. Allocation of seats in the Assembly shall be based on data gathered in the census referred to in Chapter 5 of this Agreement. Prior to the completion of the census, for purposes of this Article declarations of national community membership made during voter registration shall be used to determine the percentage of the Kosovo population that each national community represents.
4. Members of the Assembly shall be immune from all civil or criminal proceedings on the basis of words expressed or other acts performed in their capacity as Members of the Assembly.
Powers of the Assembly
5. The Assembly shall be responsible for enacting laws of Kosovo, including in political, security, economic, social, educational, scientific, and cultural areas as set out below and elsewhere in this Agreement. This Constitution and the laws of the Kosovo Assembly shall not be subject to change or modification by authorities of the Republics or the Federation.
(a) The Assembly shall be responsible for:
(i) Financing activities of Kosovo institutions, including by levying taxes and duties on sources within Kosovo;
(ii) Adopting budgets of the Administrative organs and other institutions of Kosovo, with the exception of communal and national community institutions unless otherwise specified herein;
(iii) Adopting regulations concerning the organization and procedures of the Administrative organs of Kosovo;
(iv) Approving the list of Ministers of the Government, including the Prime minister;
(v) Coordinating educational arrangements in Kosovo, with respect for the authorities of national communities and Communes;
(vi) Electing candidates for judicial office put forward by the President of Kosovo;
(vii) Enacting laws ensuring free movement of goods, services, and persons in Kosovo consistent with this Agreement;
(viii) Approving agreements concluded by the President within the areas of responsibility of Kosovo;
(ix) Cooperating with the Federal Assembly, and with the Assemblies of the Republics, and conducting relations with foreign legislative bodies;
(x) Establishing a framework for local self-government;
(xi) Enacting laws concerning inter-communal issues and relations between national communities, when necessary;
(xii) Enacting laws regulating the work of medical institutions and hospitals;
(xiii) Protecting the environment, where inter-communal issues are involved;
(xiv) Adopting programs of economic, scientific, technological, demographic, regional, and social development, as well as urban planning;
(xv) Adopting programs for the development of agriculture and of rural areas;
(xvi) Regulating elections consistent with Chapters 3 and 5;
(xvii) Regulating Kosovo-owned property; and
(xviii) Regulating land registries.
(b) The Assembly shall also have authority to enact laws in areas within the responsibility of the Communes if the matter cannot be effectively regulated by the Communes or if regulation by individual Communes might prejudice the rights of other Communes. In the absence of a law enacted by the Assembly under this subparagraph that preempts communal action, the Communes shall retain their authority.
Procedure
6. Laws and other decisions of the Assembly shall be adopted by majority of Members present and voting.
7. A majority of the Members of a single national community elected to the Assembly pursuant to paragraph 1(b) may adopt a motion that a law or other decision adversely affects the vital interests of their national community. The challenged law or decision shall be suspended with regard to that national community until the dispute settlement procedure in paragraph 8 is completed.
8. The following procedure shall be used in the event of a motion under paragraph 7:
(a) The Members making the vital interest motion shall give reasons for their motion. The proposers of the legislation shall be given an opportunity to respond.
(b) The Members making the motion shall appoint within one day a mediator of their choice to assist in reaching an agreement with those proposing the legislation.
(c) If mediation-does not produce an agreement within seven days, the matter may be submitted for a binding ruling. The decision shall be rendered by a panel comprising three Members of the Assembly: one Albanian and one Serb, each appointed by his or her national community delegation; and a third Member, who will be of a third nationality and will be selected within two days by consensus of the Presidency of the Assembly.
(i) A vital interest motion shall be upheld if the legislation challenged adversely affects the community's fundamental constitutional rights, additional rights as set forth in Article VII, or the principle of fair treatment.
(ii) If the motion is not upheld, the challenged legislation shall enter into force for that community.
(d) Paragraph (c) shall not apply to the selection of Assembly officials.
(e) The Assembly may exclude other decisions from this procedure by means of a law enacted by a majority that includes a majority of each national community elected pursuant to paragraph 1(b).
9. A majority of the Members shall constitute a quorum.
The Assembly shall otherwise decide its own rules of procedure.
Leadership
10. The Assembly shall elect from among its Members a Presidency, which shall consist of a President, two Vice-Presidents, and other leaders in accordance with the Assembly's rules of procedure. Each national community meeting the threshold specified in paragraph 1(b)(ii) shall, be represented in the leadership. The President of the Assembly shall not be from the same national community as the President of Kosovo.
11. The President of the Assembly shall represent it, call its sessions to order, chair its meetings, coordinate the work of any committees it may establish, and perform other tasks prescribed by the rules of procedure of the Assembly.
Article III: President of Kosovo
1. There shall be a President of Kosovo, who shall be elected by the Assembly by vote of a majority of its
members. The President of Kosovo shall serve for a three-year term. No person may serve more than two terms as President of Kosovo.
2. The President of Kosovo shall be responsible for:
(i) Representing Kosovo, including before any international or Federal body or any body of the Republics;
(ii) Proposing to the Assembly candidates for Prime Minister, the Constitutional Court, the Supreme Court, and other Kosovo judicial offices;
(iii) Meeting regularly with the democratically elected representatives of the national communities;
(iv) Conducting foreign relations and concluding agreements within this power consistent with the authorities of Kosovo institutions under this Agreement. Such agreements shall only enter into force upon approval by the Assembly;
(v) Designating a representative to serve on the Joint Commission established by Article I.2 of Chapter 5 of this Agreement;
(vi) Meeting regularly with the Federal and Republic Presidents; and
(vii) other functions specified herein or by law.
Article IV: Government and Administrative Organs
1. Executive power shall be exercised by the Government.
The Government shall be responsible for implementing the laws of Kosovo, and of other government authorities when such responsibilities are devolved by those authorities.
The Government shall also have competence to propose laws to the Assembly.
(a) The Government shall consist of a Prime Minister and Ministers, including at least one person from each national community meeting the threshold specified in paragraph 1(b)(ii) of Article II. Ministers shall head the Administrative Organs of Kosovo.
(b) The candidate for Prime Minister proposed by the President shall put forward a list of Ministers to the Assembly. The Prime Minister, together with the list of Ministers, shall be approved by a majority of those present and voting in the Assembly. In the event that the Prime Minister is not able to obtain a majority for the Government, the President shall propose a new candidate for Prime Minister within ten days.
(c) The Government shall resign if a no confidence motion is adopted by a vote of a majority of the members of the Assembly. If the Prime Minister or the Government resigns, the President shall select a new candidate for Prime Minister who shall seek to form a Government.
(d) The Prime Minister shall call meetings of the Government, represent it as appropriate, and coordinate its work. Decisions of the Government shall require a majority of Ministers present and voting. The Prime Minister shall cast the deciding vote in the event Ministers are equally divided.
The Government shall otherwise decide its own rules of procedure.
2. Administrative organs shall be responsible for assisting the Government in carrying out its duties.
(a) National communities shall be fairly represented at all levels in the Administrative Organs.
(b) Any citizen in Kosovo claiming to have been directly and adversely affected by the decision of an executive or administrative body shall have the right to-judicial review of the legality of that decision after exhausting all avenues for administrative review. The Assembly shall enact a law to regulate this review.
3. There shall be a Chief Prosecutor who shall be responsible for prosecuting individuals who violate the criminal laws of Kosovo. He shall head an Office of the Prosecutor, which shall at all levels have staff representative of the population of Kosovo.
Article V: Judiciary
General
1. Kosovo shall have a Constitutional Court, a Supreme Court, District Courts, and Communal Courts.
2. The Kosovo courts shall have jurisdiction over all matters arising under this Constitution or the laws of Kosovo except as specified in paragraph 3. The Kosovo courts shall also have jurisdiction over questions of federal law, subject to appeal to the Federal courts on these questions after all appeals available under the Kosovo system have been exhausted.
3. Citizens in Kosovo may opt to have civil disputes to which they are party adjudicated by other courts in the Federal Republic of Yugoslavia, which shall apply the law applicable in Kosovo.
4. The following rules will apply to criminal cases:
(a) At the start of criminal proceedings, the defendant is entitled to have his or her trial transferred to another Kosovo court that he or she designates.
(b) In criminal cases in which all defendants and victims are members of the same national community, all members of the judicial council will be from a national community of their choice if any party so requests.
(c) A defendant in a criminal case tried in Kosovo courts is entitled to have at least one member of the judicial council hearing the case to be from his or her national community. Kosovo authorities will consider and allow judges of other courts in the Federal Republic of Yugoslavia to serve as Kosovo judges for these purposes.
Constitutional Court
5. The Constitutional Court shall consist of nine judges.
There shall be at least one Constitutional Court judge from each national community meeting the threshold specified in paragraph 1(b)(ii) of Article II. Until such time as the Parties agree to discontinue this arrangement, 5 judges of the Constitutional Court shall be selected from a list drawn up by the President of the European Court of Human Rights.
6. The Constitutional Court shall have authority to resolve disputes relating to the meaning of this Constitution. That authority shall include, but is not limited to, determining whether laws applicable in Kosovo, decisions or acts of the President, the Assembly, the Government, the Communes, and the national communities are compatible with this Constitution.
(a) Matters may be referred to the Constitutional Court by the President of Kosovo, the President or Vice-Presidents of the Assembly, the Ombudsman, the communal assemblies and councils, and any national community acting according to its democratic procedures.
(b) Any court which finds in the course of adjudicating a matter that the dispute depends on the answer to a question within the Constitutional Court's jurisdiction shall refer the issue to the Constitutional Court for a preliminary decision.
7. Following the exhaustion of other legal remedies, the Constitutional Court shall at the request of any person claiming to be a victim have jurisdiction over complaints that human rights and fundamental freedoms and the rights of members of national communities set forth in this Constitution have been violated by a public authority.
8. The Constitutional Court shall have such other jurisdiction as may be specified elsewhere in this Agreement or by law.
Supreme Court
9. The Supreme Court shall consist of nine judges. There shall be at least one Supreme Court judge from each national community meeting the threshold specified in paragraph 1(b)(ii) of Article II.
10. The Supreme Court shall hear appeals from the District Courts and the Communal Courts. Except as otherwise provided in this Constitution, the Supreme Court shall be the court of final appeal for all cases arising under law applicable in Kosovo. Its decisions shall be recognized and executed by all authorities in the Federal Republic of Yugoslavia.
Functioning of the Courts
11. The Assembly shall determine the number of District and Communal Court judges necessary to meet current needs.
12. Judges of all courts in Kosovo shall be distinguished jurists of the highest moral character. They shall be broadly representative of the national communities of Kosovo.
13. Removal of a Kosovo judge shall require the consensus of the judges of the Constitutional Court. A Constitutional Court judge whose removal is in question shall not participate in the decision on his case.
14. The Constitutional Court shall adopt rules for itself and for other courts in Kosovo. The Constitutional and Supreme Courts shall each adopt decisions by majority vote of their members.
15. Except as otherwise specified in their rules, all Kosovo courts shall hold public proceedings. They shall issue published opinions setting forth the reasons for their decisions.
Article VI: Human Rights and Fundamental Freedoms
1. All authorities in Kosovo shall ensure internationally recognized human rights and fundamental freedoms.
2. The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Kosovo. Other internationally recognized human rights instruments enacted into law by the Kosovo Assembly shall also apply. These rights and freedoms shall have priority over all other law.
3. All courts, agencies, governmental institutions, and other public institutions of Kosovo or operating in relation to Kosovo shall conform to these human rights and fundamental freedoms.
Article VII: National Communities
1. National communities and their members shall have additional rights as set forth below in order to preserve and express their national, cultural, religious, and linguistic identities in accordance with international standards and the Helsinki Final Act.
Such rights shall be exercised in conformity with human rights and fundamental freedoms.
2. Each national community may elect, through democratic means and in a manner consistent with the principles of Chapter 3 of this Agreement, institutions to administer its affairs in Kosovo.
3. The national communities shall be subject to the laws applicable in Kosovo, provided that any act or decision concerning national communities must be non-discriminatory. The Assembly shall decide upon a procedure for resolving disputes between national communities.
4. The additional rights of the national communities, acting through their democratically elected institutions, are to:
(a) preserve and protect their national, cultural, religious, and linguistic identities, including by:
(i) inscribing local names of towns and villages, of squares and streets, and of other topographic names in the language and alphabet of the national community in addition to signs in Albanian and Serbian, consistent with decisions about style made by the communal institutions;
(ii) providing information in the language and alphabet of the national community;
(iii) providing for education and establishing educational institutions, in particular for schooling in their own language and alphabet and in national culture and history, for which relevant authorities will provide financial assistance; curricula shall reflect a spirit of tolerance between national communities and respect for the rights of members of all national communities in accordance with international standards;
(iv) enjoying unhindered contacts with representatives of their respective national communities, within the Federal Republic of Yugoslavia and abroad;
(v) using and displaying national symbols, including symbols of the Federal Republic of Yugoslavia and the Republic of Serbia;
(vi) protecting national traditions on family law by, if the community decides, arranging rules in the field of inheritance; family and matrimonial relations; tutorship; and adoption;
(vii) the preservation of sites of religious, historical, or cultural importance to the national community in cooperation with other authorities;
(viii) implementing public health and social services on a non-discriminatory basis as to citizens and national communities;
(ix) operating religious institutions in cooperation with religious authorities;and
(x) participating in regional and international non-governmental organizations in accordance with procedures of these organizations;
(b) be guaranteed access to, and representation in, public broadcast media, including provisions for separate programming in relevant languages under the direction of those nominated by the respective national community on a fair and equitable basis; and
(c) finance their activities by collecting contributions the national communities may decide to levy on members of their own communities.
5. Members of national communities shall also be individually guaranteed:
(a) the right to enjoy unhindered contacts with members of their respective national communities elsewhere in the Federal Republic of Yugoslavia and abroad;
(b) equal access to employment in public services at all levels;
(c) the right to use their languages and alphabets;
(d) the right to use and display national community symbols;
(e) the right to participate in democratic institutions that will determine the national community's exercise of the collective rights set forth in this Article; and
(f) the right to establish cultural and religious associations, for which relevant authorities willprovide financial assistance.
6. Each national community and, where appropriate, their members acting individually may exercise these additional rights through Federal institutions and institutions of the Republics, in accordance with the procedures of those institutions and without prejudice to the ability of Kosovo institutions to carry out their responsibilities.
7. Every person shall have the right freely to choose to be treated or not to be treated as belonging to a national community, and no disadvantage shall result from that choice or from the exercise of the rights connected to that choice.
Article VIII: Communes
1. Kosovo shall have the existing communes. Changes may be made to communal boundaries by act of the Kosovo Assembly after consultation with the authorities of the communes concerned.
2. Communes may develop relationships among themselves for their mutual benefit.
3. Each commune shall have an Assembly, an Executive Council, and such administrative bodies as the commune may establish.
(a) Each national community whose membership constitutes at least three percent of the population of the commune shall be represented on the Council in proportion to its share of the communal population or by one member, whichever is greater.
(b) Prior to the completion of a census, disputes over communal population percentages for purposes of this paragraph shall be resolved by reference to declarations of national community membership in the voter registry.
4. The communes shall have responsibility for:
(a) law enforcement, as specified in Chapter 2 of this Agreement;
(b) regulating and, when appropriate, providing child care;
(c) providing education, consistent with the rights and duties of national communities, and in a spirit of tolerance between national communities and respect for the rights of the members of all national communities in accordance with international standards;
(d) protecting the communal environment;
(e) regulating commerce and privately-owned stores;
(f) regulating hunting and fishing;
(g) planning and carrying out public works of communal importance, including roads and water supplies, and participating in the planning and carrying out of Kosovo-wide public works projects in coordination with other communes and Kosovo authorities;
(h) regulating land use, town planning, building regulations, and housing construction-
(i) developing programs for tourism, the hotel industry, catering, and sport;
(j) organizing fairs and local markets;
(k) organizing public services of communal importance, including fire, emergency response, and police consistent with Chapter 2 of this Agreement; and
(1) financing the work of communal institutions, including raising revenues, taxes, and preparing budgets.
5. The communes shall also have responsibility for all other areas within Kosovo’s authority not expressly assigned elsewhere herein, subject to the provisions of Article II.5(b) of this Constitution.
6. Each commune shall conduct its business in public and shall maintain publicly available records of its deliberations and decisions.
Article IX: Representation
l. Citizens in Kosovo shall have the right to participate in the election of:
(a) At least 10 deputies in the House of Citizens of the Federal Assembly; and
(b) At least 20 deputies in the National Assembly of the Republic of Serbia.
2.The modalities of elections for the deputies specified in paragraph 1 shall be determined by the Federal Republic of Yugoslavia and the Republic of Serbia respectively, under procedures to be agreed with the Chief of the Implementation Mission.
3.The Assembly shall have the opportunity to present to the appropriate authorities a list of candidates from which shall be drawn:
(a) At least one citizen in Kosovo to serve in the Federal Government, and at least one citizen in Kosovo to serve in the Government of the Republic of Serbia; and
(b) At least one judge on the Federal Constitutional Court, one judge on the Federal Court, and three judges on the Supreme Court of Serbia.
Article X: Amendment
1. The Assembly may by a majority of two-thirds of its Members, which majority must include a majority of the Members elected from each national community pursuant to Article II.1(b)(ii), adopt amendments to this Constitution.
2. There shall, however, be no amendments to Article I.3-8 or to this Article, nor shall any amendment diminish the rights granted by Articles VI and VII.
Article XI: Entry into Force
This Constitution shall enter into force upon signature of this Agreement.
Chapter2
Police and Civil Public Security
Article I: General Principles
1. All law enforcement agencies, organizations and personnel of the Parties, which for purposes of this
Chapter will include customs and border police operating in Kosovo, shall act in compliance with this Agreement and shall observe internationally recognized standards of human rights and due process. In exercising their functions, law enforcement personnel shall not discriminate on any ground, such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national community, property, birth or other status.
2. The Parties invite the organization for Security and Cooperation in Europe (OSCE) through its Implementation Mission (IM) to monitor and supervise implementation of this Chapter and related provisions of this Agreement. The Chief of the Implementation Mission (CIM) or his designee shall have the authority to issue binding directives to the Parties and subsidiary bodies on police and civil public security matters to obtain compliance by the Parties with the terms of this Chapter. The Parties agree to cooperate fully with the IM and to comply with its directives. Personnel assigned to police-related duties within the IM shall be permitted to wear a uniform while serving in this part of the mission.
3. In carrying out his responsibilities, the CIM will inform and consult KFOR as appropriate.
4. The IM shall have the authority to:
(a) Monitor, observe, and inspect law enforcement activities, personnel, and facilities, including border police and customs units, as well as associated judicial organizations, structures, and proceedings;
(b) Advise law enforcement personnel and forces, including border police and customs units, and, when necessary to bring them into compliance with this Agreement, including this Chapter, issue appropriate binding directions in coordination with KFOR;
(c) Participate in and guide the training of law enforcement personnel;
(d) In coordination with KFOR, assess threats to public order;
(e) Advise and provide guidance to governmental authorities on how to deal with threats to public order and on the organization of effective civilian law enforcement agencies;
(f) Accompany the Parties, law enforcement personnel as they carry out their responsibilities, as the IM deems appropriate;
(g) Dismiss or discipline public security personnel of the Parties for cause; and
(h) Request appropriate law enforcement support from the international community to enable IM to carry out the duties assigned in this Chapter.
5.All Kosovo, Republic and Federal law enforcement and Federal military authorities shall be obligated, in their respective areas of authority, to ensure freedom of movement and safe passage for all persons, vehicles and goods. This obligation includes a duty to permit the unobstructed passage into Kosovo of police equipment which has been approved by the CIM and COMKFOR for use by Kosovo police, and of any other support provided under subparagraph 4(h) above.
6. The Parties undertake to provide one another mutual assistance, when requested, in the surrender of those accused of committing criminal acts within a Party's jurisdiction, and in the investigation and prosecution of offenses across the boundary of Kosovo with other parts of the FRY. The Parties shall develop agreed procedures and mechanisms for responding to these requests. The CIM or his designee shall resolve disputes on these matters.
7. The IM shall aim to transfer law enforcement responsibilities described in Article II below to the law enforcement officials and organizations described in Article II at the earliest practical time consistent with civil public security.
Article II: Communal Police
l. As they build up, Communal police units, organized and stationed at the communal and municipal levels, shall assume primary responsibility for law enforcement in Kosovo. The specific responsibilities of the communal police will include police patrols and crime prevention, criminal investigations, arrest and detention of criminal suspects, crowd control, and traffic control.
2. Number and Composition. The total number of communal police established by this Agreement operating within Kosovo shall not exceed 3,000 active duty law enforcement officers. However, the CIM shall have the authority to increase or decrease this personnel coiling if he determines such action is necessary to meet operational needs. Prior to taking any such action, the CIM shall consult with the Criminal Justice Administration and other officials as appropriate. The national communities in each commune shall be fairly represented in the communal police unit.
3. Criminal Justice Administration.
a. A Criminal Justice Administration (CJA) shall be established. It shall be an Administrative Organ of Kosovo, reporting to an appropriate member of the Government of Kosovo as determined by the Government.
The CJA shall provide general coordination of law enforcement operations in Kosovo. Specific functions
of the CJA shall include general supervision over, and providing guidance to, communal police forces through their commanders, assisting in the coordination between separate communal police forces, and oversight of the operations of the police academy. In carrying out these responsibilities, the CJA may issue directives, which shall be binding on communal police commanders and personnel. In the exercise of its functions, the CJA shall be subject to any directions given by CIM.
b. Within twelve months of the establishment of the CJA, the CJA shall submit for review by the CIM a plan for the coordination and development of law enforcement bodies and personnel in Kosovo within its jurisdiction. This plan shall serve as the framework for law enforcement coordination and development in Kosovo and be subject to modification by the CIM.
c. The IM will endeavor to develop the capacities of the CJA as quickly as possible. Prior to the point when the CJA is able to properly carry out the functions described in the preceding paragraph, as determined by the CIM, the IM shall carry out these functions.
4. Communal Commanders. Subject to review by the CIM, each commune will appoint, and may remove for cause, by majority vote of the communal council, a communal police commander with responsibility for police operations within the commune.
5. Service in Police.
(a) Recruitment for public security personnel will be conducted primarily at the local level. Local and communal governments, upon consultation with communal Criminal Justice Commissions, will nominate officer candidates to attend the Kosovo Police Academy. Offers of employment will be made by communal police commanders, with the concurrence of the academy director, only after the candidate has successfully completed the academy basic recruit course.
(b) Recruitment, selection and training of communal police officers shall be conducted under the direction of the IM during the period of its operation.
(c) There shall be no bar to service in the communal police based on prior political activities. Members of the police shall not, however, be permitted while they hold this public office to participate in party political activities other than membership in such a party.
(d) Continued service in the police is dependent upon behavior consistent with the terms of this Agreement, including this Chapter. The IM shall supervise regular reviews of officer performance, which shall be conducted in accordance with international due process norms.
6. Uniforms and Equipment.
(a) All communal police officers, with the exception of officers participating in crowd control functions, shall wear a standard uniform. Uniforms shall include a badge, picture identification, and name tag.
(b) Communal police officers may be equipped with a sidearm, handcuffs, a baton, and a radio.
(c) Subject to authorization or modification by the CIM, each commune may maintain, either at the communal headquarters or at municipal stations, no more than one long-barreled weapon not to exceed 7.62 mm for every fifteen police officers assigned to the commune. Each such weapon must be approved by and registered with the IM and KFOR pursuant to procedures established by the CIM and COMKFOR. When not in use, all such weapons will be securely stored and each commune will keep a registry of these weapons.
(i) In the event of a serious law enforcement threat that would justify the use of these weapons, the communal police commander shall obtain IM approval before employing these weapons.
(ii) The communal police commander may authorize the use of these weapons without prior approval of the IM for the sole purpose of self-defense. In such cases, he must report the incident no later than one hour after it occurs to the IM and KFOR.
(iii) If the CIM determines that a weapon has been used by a member of a communal police force in a manner contrary to this Chapter, he may take appropriate corrective measures; such measures may include reducing the number of such weapons that the communal police force is allowed to possess or dismissing or disciplining the law enforcement personnel involved.
(d) Communal police officers engaged in crowd control functions will receive equipment appropriate to
their task, including batons, helmets and shields, subject to IM approval.
Article III: Interim Police Academy
l. Under the supervision of the IM, the CJA shall establish an interim Police Academy that will offer mandatory and professional development training for all public security personnel, including border police. Until the interim police academy is established, IM will oversee a temporary training program for public security personnel including border police.
2. All public security personnel shall be required to complete a course of police studies successfully before serving as communal police officers.
3. The Academy shall be headed by a Director appointed and removed by the CJA in consultation with the Kosovo Criminal Justice Commission and the IM. The Director shall consult closely with the IM and comply fully with its recommendations and guidance.
4. All Republic and Federal police training facilities in Kosovo, including the academy at Vucitrn, will cease operations within 6 months of the entry into force of, this Agreement.
Article IV: Criminal Justice Commissions
1. The parties shall establish a Kosovo Criminal Justice Commission and Communal Criminal Justice Commissions.
The CIM or his designee shall chair meetings of these Commissions. They shall be forums for cooperation, coordination and the resolution of disputes concerning law enforcement and civil public security in Kosovo.
2. The functions of the Commissions shall include the following:
(a) Monitor, review, and make recommendations regarding the operation of law enforcement personnel and policies in Kosovo, including communal police units;
(b) Review, and make recommendations regarding the recruitment, selection and training of communal police officers and commanders;
(c) Consider complaints regarding police practices filed by individuals or national communities, and provide information and recommendations to communal police commanders and the CIM for consideration in their reviews of officer performance; and
(d) In the Kosovo Criminal Justice Commission only: In consultation with designated local, Republic and Federal police liaisons, monitor jurisdiction sharing in cases of overlapping criminal jurisdiction between Kosovo, Republic and Federal authorities.
3. The membership of the Kosovo Criminal Justice Commission and each Communal Criminal Justice Commission shall be representative of the population and shall include:
(a) In the Kosovo Criminal Justice Commission:
(i) a representative of each commune;
(ii) the head of the Kosovo CJA;
(iii) a representative of each Republic and
Federal law enforcement component operating in Kosovo (for example, Customs police and Border police);
(iv) a representative of each national community;
(v) a representative of the IM, during its
period of operation in Kosovo;
(vi) a representative of the VJ border guard, as appropriate;
(vii) a representative of the MUP, as appropriate, while present in Kosovo; and
(viii) A representative of KFOR, as appropriate.
(b) In the Communal Criminal Justice Commissions:
(i) the communal police commander;
(ii) a representative of any Republic and Federal law enforcement component operating in the commune;
(iii) a representative of each national community;
(iv) a civilian representative of the communal government;
(v) a representative of the IM, during its period of operation in Kosovo;
(vi) a representative of the VJ border guard, who shall have observer status, as appropriate; and
(vii) A representative of KFOR, as appropriate.
4. Each Criminal Justice Commission shall meet at least monthly, or at the request of any Commission member.
Article V: Police Operations in Kosovo
1. The communal police established by this Agreement shall have exclusive law enforcement authority and jurisdiction and shall be the only police presence in Kosovo following the reduction and eventual withdrawal from Kosovo by the MUP, with the exception of border police as specified in Article VI and any support provided pursuant to Article I(3)(h).
(a) During the transition to communal police, the remaining MTJP shall carry out only normal policing duties, and shall draw down, pursuant to the schedule described in Chapter 7.
(b) During the period of the phased drawdown of the MUP, the MUP in Kosovo shall have authority to conduct only civil police functions and shall be under the supervision and control of the CIM. The IM may dismiss from service, or take other appropriate disciplinary action against, MUP personnel who obstruct implementation of this Agreement.
2. Concurrent Law Enforcement in Kosovo.
(a) Except as provided in Article V.1 and Article VI, Federal and Republic law enforcement officials may only act within Kosovo in cases of hot pursuit of a person suspected of committing a serious criminal offense.
(i) Federal and Republic authorities shall as soon as practicable, but in no event later than one hour after their entry into Kosovo while engaged in a hot pursuit, notify the nearest Kosovo law enforcement officials that the pursuit has crossed into Kosovo. Once notification has been made, further pursuit and apprehension shall be coordinated with Kosovo law enforcement. Following apprehension, suspects shall be placed into the custody of the authorities originating the pursuit. If the suspect has not been apprehended within four hours, the original pursuing authorities shall cease their pursuit and immediately depart Kosovo unless invited to continue their pursuit by the CJA or the CIM.
(ii) In the event the pursuit is of such short duration as to preclude notification, Kosovo law enforcement officials shall be notified that an apprehension has been made and shall be given access to the detainee prior to his removal from Kosovo.
(iii) Personnel engaged in hot pursuit under the provisions of this Article may only be civilian police, may only carry weapons appropriate for normal civilian police duties (sidearms, and long-barreled weapons not to exceed 7.62mm), may only travel in officially marked police vehicles, and may not exceed a total of eight personnel at any one time. Travel in armored personnel carriers by police engaged in hot pursuit is strictly prohibited.
(iv) The same rules shall apply to hot pursuit of suspects by Kosovo law enforcement authorities to Federal territory outside of Kosovo.
(b) All Parties shall provide the highest degree of mutual assistance in law enforcement matters in response to reasonable requests.
Article VI: Security on International Borders
1. The Government of the FRY will maintain official border crossings on its international borders (Albania and FYROM).
2. Personnel from the organizations listed below may be present along Kosovo’s international borders and at international border crossings, and may not act outside the scope of the authorities specified in this Chapter.
(a) Republic of Serbia Border Police
(i) The Border Police shall continue to exercise authority at Kosovo's international border crossings and in connection with the enforcement of Federal Republic of Yugoslavia immigration laws. The total number of border police shall be drawn down to 75 within 14 days of entry into force of this Agreement.
(ii) while maintaining the personnel threshold specified in subparagraph (i), the ranks of the existing Border Police units operating in Kosovo shall be supplemented by new recruits so that they are representative of the Kosovo population.
(iii) All Border Police stationed in Kosovo must attend police training at the Kosovo police academy within 18 months of the entry into force of this Agreement.
(b) Customs Officers
(i) The FRY Customs Service will continue to exercise customs jurisdiction at Kosovo’s official international border crossings and in such customs warehouses as may be necessary within Kosovo. The total number of customs personnel shall be drawn down to 50 within 14 days of the entry into force of this Agreement.
(ii) Kosovar Albanian officers of the Customs Service shall be trained and compensated by the FRY.
(c) The CIM shall conduct a periodic review of customs and border police requirements and shall have the authority to increase or decrease the personnel ceilings described in paragraphs (a)(i) and (b)(i) above to reflect operational needs and to adjust the composition of individual customs units.
Article VII: Arrest and Detention
1. Except pursuant to Article V, Article I(3)(h), and sections (a)-(b) of this paragraph, only officers of the communal police shall have authority to arrest and detain individuals in Kosovo.
(a) Border Police officers shall have authority within Kosovo to arrest and detain individuals who have violated criminal provisions of the immigration laws.
(b) Officers of the Customs Service shall have authority within Kosovo to arrest and detain individuals for criminal violations of the customs laws.
2. Immediately upon making an arrest, the arresting officer shall notify the nearest Communal Criminal Justice
Commission of the detention and the location of the detainee. He subsequently shall transfer the detainee to the nearest appropriate jail in Kosovo at the earliest opportunity.
3. Officers may use reasonable and necessary force proportionate to the circumstances to effect arrests and keep suspects in custody.
4. Kosovo and its constituent communes shall establish jails and prisons to accommodate the detention of criminal suspects and the imprisonment of individuals convicted of violating the laws applicable in Kosovo. Prisons shall be operated consistent with international standards.
Access shall be provided to international personnel, including representatives of the International Committee of the Red Cross.
Article VIII: Administration of Justice
1. Criminal Jurisdiction over Persons Arrested within Kosovo.
(a) Except in accordance with Article V and subparagraph
(b) of this paragraph, any person arrested within Kosovo shall be subject to the jurisdiction of the Kosovo courts.
(b) Any person arrested within Kosovo, in accordance with the law and with this Agreement, by the Border Police or Customs Police shall be subject to the jurisdiction of the FRY courts. If there is no applicable court of the FRY to hear the case, the Kosovo courts shall have jurisdiction.
2. Prosecution of Crimes.
(a) The CJA shall, in consultation with the CIM, appoint and have the authority to remove the Chief Prosecutor.
(b) The IM shall have the authority to monitor, observe, inspect, and when necessary, direct the operations of the office of the Prosecutor and any and all related staff.
Article IX: Final Authority to Interpret
The CIM is the final authority regarding interpretation of this
Chapter and his determinations are binding on all Parties and persons.