Based on the American elements, proposed in the first variant of the project-proposal, the Albanian side gave its 16 points for the possibility of a creation of an interim settlement with the Serb side and the possibility of the temporary governing of Kosova. The proposals of the Albanian side, addressed to the American Ambassador and mediator for Kosova, Christopher Hill, following the first American proposal, of 16 August, called "Elements for a temporary agreement", are based on the same agreement, which was later drawn by the American side as a project-proposal. Later the document of 3 September was drafted. It was published two days ago.
"With the engagement of the international community, particularly the USA, trying to find a solution for the issue of Kosova unsolved by the process of disintegration of "Yugoslavia", the Governments of "Yugoslavia" and Serbia as well as the representatives of Kosova agreed about the following:
1. To determine a temporary solution for the status Kosova, a limited Governance with international guarantee.
2. The agreement for the temporary governing of
Kosova, as well as the permanent, the later solution, will be based on
the UN Charter, the Final Act of Helsinki and other international principles.
The agreement will have under consideration the
fact that Yugoslavia (SFRY), a state in which Kosova was associated and
was its constituent, disintegrated.
The legal status of Kosova before the disintegration
of Yugoslavia, the creation of the new states in this area and the events
in Kosova, starting from the Constitutional Declaration (1990) and the
Referendum for Independence (1991), will be used as guiding points and
support for these agreements.
3. During the period of the temporary governing, Kosova will function within "Yugoslavia", as an entity associated for a limited period of time, with internal independence and will be equal with the other federal units.
4. During the period of the temporary governing,
Kosova will be governed by its own legislative, executive and judicial
institutions: by its Parliament, with complete and original constitutional
and legislative power, the President elected in direct elections, the Government
of Kosova and the respective administration, as well as by Courts of different
levels, including the Supreme Court, the Constitutional Court and Kosova's
Prosecution Office.
Kosova will have its own system of security,
the police, and the internal security, which will be of Kosova by structure
and function.
The international community will help their organization,
their training, as well as their functioning.
The elections will be held under international
supervision, within three months following the signing of the Agreement.
5. Kosova's institutions, including the municipal
level, will be democratically governed, based on the democratic principles,
and by respecting internationally acknowledged human rights. They will
act independently and they will include fields of political, economic,
social and cultural life, with the exclusion of the ones that by the temporary
agreement are decided to partially, mainly or completely, belong to the
Federation.
The relationships of the institutions of Kosova
with the institutions of "Yugoslavia" or of the other parts of the federation,
Serbia and Montenegro, are relationships of equality and coordination,
as needed, without hierarchical relationships.
6. Every ethnic community in Kosova will have
the right to completely use its rights in education, language, to preserve
its culture and identity, and other issues, based on the agreement.
There will be special arrangements for the places
with special historical, cultural or religious importance.
7. Kosova's participation in the federal institutions, same as the other federal units, will also be discussed.
8. Functions of the territorial integrity, of the joint market, of the emission of money, of defense, of foreign policy, of customs and other functions that can be determined by the agreement for the temporary governing are realized in the Federation, mainly as joint but not as exclusive functions. The means, the form and the level of Kosova's participation in the realization of these function will also be determined.
9. All natural and created resources in Kosova belong to Kosova and its people.
Kosova's economy will have its monetary-crediting
functions and the Central Bank, with the respective institutions: the fiscal
system, taxes, participation in customs and accise; its own budget; participation
in economic relations with the outside world and collaboration with the
international financial organizations and institutions.
Kosova administers its own public economy or
participates in the direction of complex systems.
If certain measures in the joint market of "Yugoslavia"
seriously threaten the economic interests of Kosova, Kosova can take certain
temporary measures for defending its interests.
10. The respective international institutions can help in harmonizing the economic relations during the period of the interim solution.
11. The cease-fire and the withdrawal of forces
will start immediately. The violation presumptions will be reported to
the international observers and they will not be used as justification
for violence.
The political prisoners will immediately be released.
Nobody will be persecuted or sentenced for participation
in the war of Kosova, except for those of whom it can be proved that they
conducted crimes against humanity.
12. Neither of the sides will, unilaterally change the elements of the conditions of the temporary agreement.
13. Measures will be undertaken to bring back the mutual trust.
14. The agreement for the temporary solution will
determine the procedure for reaching a permanent solution, not later than
three years after the temporary solution stepped on force.
If in the meantime, an agreement for a permanent
solution is not reached under the international supervision, a referendum
will be organized, in which the people of Kosova will decide on its future.
15. Each side will collaborate and will allow free approach to the humanitarian and international organizations; it will help in distributing the humanitarian assistance; it will speed up the return of the IDPs and refugees to their homes, including the travelling facilities for them and for the international workers; it will help in rehabilitation and securing of shelter; and they will agree for security arrangements, which will bring back the trust to the IDPs and the refugees.
16. The international community is called to assist the realization of the temporary agreement as well as of the permanent agreement, to assist economically and professionally, to be politically and strongly present during their implementation and to guarantee the definitive realization of the temporary and permanent agreement".
senden