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
Special Representative of the
Secretary-General of the United Nations
|
Dr. Nebojsa Covic
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
for Kosovo
|
