UNMIK
- FRY COMMON DOCUMENT
Belgrade, 5 November, 2001
An UNMIK - FRY Common Document has today been adopted by the Special
Representative of the Secretary-General of the United Nations for Kosovo
Mr. Hans Haekkerup and the Special Representative of the President of
the Federal Republic of Yugoslavia and the Government of the Federal
Republic of Yugoslavia and the Government of the Republic of Serbia
Mr. Nebojsa Covic, who is also the President of the Coordinating Centre
for Kosovo and Metohija, which
- GENERAL -
1. Confirms the basic principles of United Nations Security Council
Resolution (UNSCR) 1244 (1999) and the shared belief that the Resolution
can only be successfully implemented through the joint efforts of all
concerned parties. It is in the interest of all
parties to do their utmost to promote the objectives of the Resolution
and to consider the concerns of other parties and to strive to resolve
them through cooperation.
2. Reaffirms the
obligations stipulated in UNSCR 1244 on security and human rights, the
return of all displaced persons and refugees as well as the unchallenged
authority of UNMIK to implement UNSCR 1244 and confirms that all communities
in Kosovo have
the same rights and that UNMIK shall support these rights.
3. Affirms our determination
to address actively the justified concerns of the Kosovo Serbs and other
communities in Kosovo and firmly commits to continue to address these,
so that all communities will be able to fully rely on the prerequisites
and principles
underpinning the international effort in Kosovo. Non-discriminatory
treatment for all the citizens represents the basis for a multi-ethnic,
multi-religious and multi-cultural Kosovo.
4. Promotes the
protection of the rights and interests of Kosovo Serbs and other communities
in Kosovo, based on the principles stated in UNSCR 1244, including the
sovereignty and the territorial integrity of the Federal Republic of
Yugoslavia, as well as in the Constitutional Framework for Provisional
Self-government.
5. Reaffirms that
the position on Kosovo's future status remains as stated in UNSCR 1244,
and that this cannot be changed by any action taken by the Provisional
Institutions of Self-government.
6. Welcomes the
recently established cooperation between UNMIK on one side and the Federal
Republic of Yugoslavia, through the Coordination Centre for Kosovo,
on the other. Affirms the establishment of a high-ranking working group
under the authority of the SRSG, which will include representatives
of the FRY President and members of the Coordinating Centre) on one
side and UNMIK and, once established, the Provisional Institutions of
Self-government on the other side. This group shall provide for a continued
and sustainable cooperative approach covering areas of mutual interest
and common concern in order to secure a timely and regular consultation
and coordination. The high-ranking working group may establish working
bodies within specific areas of mutual interest.
7. Reiterates the
commitment of solving the fate of the missing persons, and points out
that this open wound of all communities can only be healed through cooperation
and sharing of information.
8. Honors the indisputable
right of displaced persons and refugees to return to their homes and
assures that the irreversible process has begun.
9. Warmly welcomes
the extensive participation of all communities in the process of registration
and supports the aspiration that no one should be denied the benefits
of democracy.
10. Stresses that
the next stage in the process is to promote the development of democracy,
security and prosperity and that the election presents an opportunity
for a new democratic start with the establishment of the substantial
Self-government and
the basis for an open dialogue on a shared regional and European future,
which will require cooperation between all communities in Kosovo and
between democratically elected leaders in Kosovo, the Republic of Serbia
and the Federal Republic of Yugoslavia.
11. Strongly recommends
the Kosovo Serbs to actively engage in the future of a multiethnic Kosovo
by participating in the 17 November election and the institutions of
the Provisional Self-government.
- SPECIFIC AREAS
OF ENGAGEMENT AND COMMON INTEREST -
Security, Protection
and Freedom of Movement
The ensuring of
security for all communities is the key condition for a multiethnic
Kosovo. It is necessary to enhance the level of general security and
protection of vulnerable persons, settlements, communications and cultural
sites and property, and full freedom of movement in Kosovo.
Recognizes the need for enhanced cooperation between UNMIK, the Federal
Republic of Yugoslavia, and the Republic of Serbia to increase freedom
of movement at administrative boundary crossing points between Kosovo
and areas within the Federal Republic of Yugoslavia and agrees to increased
operational coordination and security at these locations.
Recognizes UNMIK's
commitment to increase freedom of movement through the issuance of free
license plates to Kosovo Serbs, as well as the planned establishment
of a train service and transport from Kosovo throughout the FRY.
Missing Persons
Reiterates the commitment of solving the fate of the approximately 4,000
missing persons from all communities, and to that end, UNMIK agrees
to, by 31 December 2002, investigate all non-surveyed gravesites in
Kosovo and undertake exhumations of all human remains, and to process,
through DNA testing and ante- and post-mortem data, 1,250 unidentified
human remains held throughout Kosovo with a view to their identification
and return to family members.
Recognizes that
the exhumation and identification progamme is only part of the activities
related to missing persons, thus obliging UNMIK and FRY authorities
to cooperate in full transparency and to share all relevant data and
information.
This cooperation
shall also include work on gravesite locations.
Return of Refugees
and Displaced Persons
Honoring the indisputable right of displaced persons and refugees to
return to their homes, UNMIK will establish as a priority an Office
of Return under the direct supervision of the SRSG, acting as the operative,
coordinating body for the furtherance of the process, including by suggesting
a new plan for returns covering 2002-2003. In the process all relevant
actors shall be represented, including, as appropriate, from the Provisional
Institutions of Self-government, IDP and refugee communities as well
as host area authorities with a view for appropriate facilitation. The
fragile process must be sustainable and considerable measures will be
taken to ensure the safety of the returnees. This key issue shall be
given priority and the Provisional Institutions of the
Self-government are expected to support returns actively.
Reaffirms the right
for refugees and internally displaced persons to recover their property
and possessions and acknowledges that the restitution of property or
compensation is crucial to the return process. Donor support, through
established mechanisms, from the international community, and the FRY,
is key to the return process.
Property Rights
Fully recognizes the inalienable right to private property as one of
the cornerstones of a democratic society and reiterates the firm determination
to reinstall property to their legal owners when this is not the case.
Recalling the claim process till now, UNMIK undertakes to improve the
processing of claims. UNMIK shall identify practical solutions for the
implementation of decisions made by the Housing and Property Claims
Commission and commits to the opening of offices in Serbia this year
and in Montenegro early next year in order to facilitate the filing
of claims by internally displaced persons. The claims intake deadline
will be prolonged to 1 December 2002.
Protection of Cultural
Sites and Property Confirms the will to apply the relevant provisions
of the Hague Convention (1954) regarding the protection of cultural
sites and property in Kosovo.
Judiciary
Recognizes that in order to address in an unbiased manner issues related
to inter-ethnic criminal activities, there is a need to expand the number
of international judges and prosecutors within the Kosovo judiciary.
UNMIK will double the numbers of international judges and prosecutors
within the next six months, ensure the consideration of their use in
serious inter-ethnic criminal cases, and promote active cooperation
between the Kosovo judiciary, whether local or international, and the
Serbian and Yugoslav judiciary.
Confirms the commitment
of UNMIK to the creation of a multi-ethnic judiciary in Kosovo, which
shall enjoy the trust of all communities, and, to that end, agrees to
the immediate consideration for appointment of Kosovo Serb judges and
prosecutors within the Kosovo
judiciary and to provide adequate security for the proper discharge
of their responsibilities.
Reiterates UNMIK's
commitment to ensure access to the Kosovo courts by the Serb population
and, to that end, UNMIK agrees to immediately create and staff a new
unit within the UNMIK Department of Justice that will be responsible
for furthering efforts in this area by focusing resources and personnel
on issues of accessibility to the courts and the employment of Serbs
and other non-Albanians within the Kosovo court system.
UNMIK shall endeavor
to improve the court system, and Kosovo Serb judges and prosecutors
should primarily work in the courts in municipal court districts, where
Serbs are a majority and in mixed communities, thus securing that there
will be no ethnic bias in the Kosovo judicial system.
Affirms that there
is a need to increase the number of Kosovo Serbs employed by the Kosovo
Correctional Service, and to that end, UNMIK agrees to the immediate
consideration for employment of Kosovo Serb applicants within the Kosovo
Correctional Service.
Agrees that a joint
working group including participants from UNMIK and the Federal Republic
of Yugoslavia will review cases of serious crimes allegedly committed
by Kosovo Serbs, in which international judges and prosecutors did not
participate, in order to alleviate concerns of ethnic bias.
Confirms that the
Kosovo Albanian detainees held within the prisons and detention centers
of the Republic of Serbia for offenses that they are alleged to have
committed in Kosovo should, after a review of their cases according
to international standards, be
transferred to Kosovo and the authority of the UNMIK prison system as
soon as possible.
Police Cooperation
Recognizes that the fight against crime and criminal organizations is
an area of mutual concern, particularly in the areas of trafficking
of drugs and women, money laundering and smuggling of weapons and that
it must be addressed through an enhanced level of
coordination and cooperation, which will include the sharing of information
relevant to criminals and criminal organizations and regular monthly
meetings of a joint committee between UNMIK, the Federal Republic of
Yugoslavia and the Republic of Serbia.
Action against
Terrorism
Undertakes, within the framework of police cooperation, to combat terrorism
destabilizing
regional security and confidence building efforts.
Development of
the Kosovo Police Service
Firmly reiterates the commitment to continue to develop and strengthen
the Kosovo Police Service so that all communities can confide in a professional,
multiethnic and inclusive police force, with the primary objective to
serve and protect the rights of all the people of Kosovo, and further
commits to prioritise the recruitment of more Kosovo Serbs,
especially from the northern part of Kosovo.
Kosovo Serb KPS
officers will primarily be working in areas where there is a majority
of Serbs and in mixed communities. UNMIK will strive to ensure that
the ethnic composition of the KPS shall reflect the ethnic composition
of the area in which they work.
Multiethnic Civil
Service
Commits to continue to develop a multiethnic and multilingual Civil
Service in Kosovo that shall be recruited from all communities in order
to reflect the multiethnic character of Kosovo and which will be secured
by implementing non-discriminatory personnel policies in all areas and
levels. The Civil Service will meet high standards of accessibility,
equal
treatment and professionalism and UNMIK confirms that the representation
of Kosovo Serbs in the Provisional Institutions of Self-government shall
be closely proportionate to their representation in the Assembly.
Local Government
Commits to promote increased Kosovo Serb participation in the institutions
and administration of Kosovo. UNMIK will also delegate further competencies
to the
municipal level and thoroughly reassess, and if necessary adjust, the
Kosovo Serb representation in each municipality, as well as the operation
of local community structures, which shall be closely proportional to
their representation in municipal
assemblies, in order to promote inclusiveness.
Education
Ensures that the Kosovo Serb community will have access to education
in their own language from primary school to university. The educational
curricula will make the Kosovo Serb educational structures adequately
compatible with the Serbian education system and labour market requirements.
Information and
Media
Undertakes to further develop the dissemination of information, including
from the FRY, and media targeted at the Kosovo Serb community. This
may include the establishment of more independent TV and radio stations.
Mr. Hans Haekkerup
Dr. Nebojsa Covic
Special Representative
of the Special Representative of the Secretary-General of the United
Nations
President of the
Federal Republic for Kosovo of Yugoslavia and the Government of the
Federal Republic of Yugoslavia and the Government of the Republic of
Serbia
Signing of the joint document - Haekkerup
and Covic
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