This document was published in KOHA Ditore on October 7, 1998. According to KOHA Ditore sources, it was the draft made by the American mediators in the Kosovar crisis, presented and adopted by the Contact Group meeting in London.
INTRODUCTION
1. All citizens in Kosovo have equal rights and duties as set forth in this Agreement in Kosovo, members of each national community have additional rights as set forthbelow.
2. Nothing in this Agreement shall be interpreted as authority or Federal and Republic organs to intervene in the work of the organs of Kosovo. The areas of competence of the respective organs shall be defined in this Agreement.
3. The organs of Kosovo shall follow principles of full respect for human rights, democracy, and national communities.
4. Citizens in Kosovo shall enjoy, without limitation, human and democratic rights and shall be given the opportunity to be represented in all organs of authority.
5. Every person in Kosovo shall have the right to apply to international institutions, including the European Court of Human Rights, for the protection of their rights in accordance with the procedures of such institutions.
6. Each side will implement the Agreement in accordance with its procedures including for the Republic of Serbia and the Federal Republic of Yugoslavia their respective legal systems, and international standards, including the Helsinki Final Act.
II. RIGHTS AND DUTIES OF CITIZENS IN KOSOVO
1. Kosovo shall retain its current boundaries.
2. Persons in Kosovo shall concern themselves democratically through legislative, executive, and judicial organs established in this Agreement. The rights and duties of citizens in Kosovo will include the right to democratic-government and to participate in free and fair elections.
3. The basic unit of government will be the communes. All responsibilities not expressly assigned elsewhere by this Agreement will be the responsibility of the communes.
4. The Federal authorities will have responsibility in Kosovo for territorial integrity, maintaining a common market within the Federal Republic of Yugoslavia, monetary policy, defense, foreign policy consistent with the Constitution of the Federal Republic of Yugoslavia, customs services, and other functions specified in the Agreement.
5. The organs of Kosovo shall not interfere in the additional rights described in Part 3 of this Agreement.
III. RIGHTS OF NATIONAL COMMUNITIES
1. Members of the national communities shall have additional rights determined by this Agreement in order to preserve and express their national, cultural, religious, and linguistic identities in accordance with international standards and the Helsinki Final Act.
2. The national communities shall be legally equal and shall not use their additional rights as to endanger the rights of other national communities or the rights of citizens.
3. Each national community shall select through democratic means, in accordance with procedures it shall decide, a National Council to administer the affairs of the community in Kosovo. Each Council will establish its own executive organs and procedures.
4. The national communities shall be subject to decisions of the Assembly of Kosovo, provided that any decisions concerning national communities must be nondiscriminatory.
The Assembly shall decide upon a procedure for resolving disputes between national communities.
5. The additional rights of the national communities are to:
(i) preserve and protect their national cultures, including by:
using their languages and alphabets.
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, consistent with decisions about style made by the communal organs.
providing information in the language and alphabet of the national community.
establishing educational, cultural and religious associations, for which relevant authorities will provide financial assistance.
enjoying unhindered contacts with their respective national communities outside of the Federal Republic of Yugoslavia.
using and displaying national symbols.
providing for education, in particular for schooling in their own language and alphabet and in national culture and history.
protecting national practices on family law by, if the community decides, arranging rules in the field of heritage, family, and matrimonial relations; tutorship and adoption.
the preservation of sites or religious, historical, or cultural importance.
implementing public health and social services.
operating religious institutions in cooperation with religious authorities.
(ii) adopt procedures for dispute resolution, as provided in Article V(1)(b) of this Agreement;
(iii) be guaranteed at least one radio and TV frequency, which it shall administer subject to non-discriminatory, technical standards;
(iv) finance activities of the national communities by collecting charges a National Council decides to levy on members of its own community.
6. Members of national communities will also be guaranteed:
the right to participate in regional and international non-governmental organizations in accordance with procedures of these organizations; and equal access to employment in public services.
IV. THE ORGANS OF KOSOVO
PART I: GENERAL
1. The organs of Kosovo are the Assembly, the Chairman, the Government, the Administrative Organs, and the Ombudsman.
The Assembly
2. The Assembly.
(a) (i) The Assembly shall comprise ( )Members, of which ( ) Members shall be directly elected in accordance with Article VII(4). (ii) The remaining ( ) Members shall be allocated among the national communities with at least ( )% of the population, each of which shall elect Members democratically according to its own procedure.
(b) The Assembly shall he responsible for enacting all decisions of Kosovo, including those regulating relations in political, economic, social, and cultural areas consistent with this Agreement. Its areas of responsibility include:
The adoption of the organic documents of Kosovo;
The adoption of regulations on the organization and procedures of the organs of Kosovo;
The adoption of budgets and annual accounts of the Organs of the Government;
Cooperation with Federal and Republic authorities;
Ensuring freedom of movement;
Financing activities of the Organs of the Provisional Government;
Coordination among communes or national communities when necessary, including the enactment of laws or decisions necessary and property for inter-communal issues; and
Confirmation of the members of the Governing Board and judges of the courts.
(c) Decisions of the Assembly shall be taken by majority of those present and voting, except as provided in paragraph(d).
(d) When a majority of the Members of a national community covered by paragraph (a)(ii) assert that a proposed decision affects the vital interests of their national community, that decision shall require for approval a majority that includes the majority of the Members present and voting from the affected national community. If a majority of Members from the asserting community is not present and voting, the regular voting rule shall apply.
(e) A procedure for resolving disputes over the sue of the procedure established in paragraph (d) will be agreed.
(f) A majority of Members present shall constitute a quorum.
(g) The Assembly will decide its own rules of procedure and select its officers. Each national community covered by paragraph (a)(ii) shall be represented in the leadership.
The Presidency of the Assembly shall rotate each term of office among those national communities in alphabetical order but may not be from the same national community as the Chairman.
The Chairman
3. There shall be a Chairman, who shall be directly elected.
(a) The Chairman shall be responsible for:
Chairing meetings of the Government-
Representing all persons in Kosovo before any international Federal, or Republic body, with the President of the Assembly when required by this Agreement.
Meeting regularly with the National Councils and with other representatives of the national communities and other persons.
Conducting foreign relations consistent with the Constitution of the Federal Republic of Yugoslavia.
Signing agreements on behalf of Kosovo after they are approved by the Assembly.
Serving on the Joint Implementation Commission established by this Agreement.
Meeting regularly with the president of the Federal Republic of Yugoslavia, the President of Montenegro, and the President of Serbia to discuss issues of mutual concern.
Government
4. Executive power shall be exercised by the Government.
(a) The Government shall comprise ( ) Members, including at less one person from each national community.
(b) The Government shall be responsible for implementing and enforcing decisions of the Assembly and, when devolved to their competences, of other governmental organs.
(c) Decisions of the Government shall require a majority of members present and voting. The Government shall otherwise decide its own rules of procedure.
Ombudsman
6. (a) There shall be an Ombudsman of Kosovo, who shall monitor the implementation of this Agreement, particularly with regard to the rights of the national communities.
(b) The selection, term, and termination of the Ombudsman shall be set forth in the Agreement.
(a) The Ombudsman shall have complete, unimpeded and immediate access to any person, place, or information upon his or her request. He or she shall have the right to intervene before any Federal or other domestic authority upon his or her request.
PART 11: THE COMMUNES
1. Kosovo shall have ( ) communes, with boundaries determined by
2. Communes may by mutual agreement form self-administering regions comprising multiple communes.
3. Each commune shall have a Council and such executive bodies as each Council may establish. Each national community with at least ( )% of the population of the commune shall be represented on the Council in proportion to its share of the regional population or by one member, whichever is greater.
4. The communes shall have exclusive responsibility for carrying out typical function of local and regional government, including:
Providing law enforcement, including criminal investigations, prosecution, and punishment.
Regulating and, when appropriate, providing childcare.
Establishing and regulating the work of medical institutions and hospitals. Special arrangements will be made for institutions owned by government entities.
Protecting the environment.
Regulating commerce and privately owned stores.
Regulating hunting and fishing.
Planning and carrying out public works of communal or Kosovo-wide territorial importance, including roads and water supplies.
Regulating land use, town planning, building regulations and housing construction.
Designing and implementing programs of economic, scientific, technological, demographic, regional and social development, and programs for the development of agriculture and of rural areas.
Developing programs for tourism, the hotel industry, catering, and sport.
Organizing fairs and local markets.
Organizing public services of communal importance, including fire, emergency response, and police.
Financing the work of communal organs, including raising revenues, taxes, and preparing budgets.
4. Each commune shall conduct its business in public and shall maintain publicly available records of its deliberations and decisions.
Part 3. Representation of Kosovo in Federal and Republic Bodies.
(a) The participation of Kosovo in Federal institutions shall be discussed, in particular to obtain appropriate representation in Federal organs responsible for developing and implementing defense and economic policies and to take into account developments in Yugoslavia since 1991.
(b) The following is without prejudice to the rights of persons in Kosovo to decide whether to accept the offer and to the review described in section VIII(3):
Kosovo shall be offered at least (ten) deputies in the House of Citizens of the Federal Assembly and (twenty) deputies in the National Assembly of the Republic of Serbia.
Each national community in Kosovo shall be offered at least one place in the Federal Government and in the Government of the Republic of Serbia.
Each national community in Kosovo shall be offered at least one judge on the Federal Court of the Federal Republic and three judges on the Supreme Court of Serbia.
(c) In order to monitor the protection of additional rights of the national communities, a Council for the protection of members of the national communities shall be established.
V RESOLVING CONFLICTS AND MAINTAINING PUBLIC ORDER
(1) Dispute Resolution.
(a) Courts in Kosovo.
The Assembly shall establish common and supreme courts for Kosovo with jurisdiction over constitutional, civil, and criminal matters. Appeals from these courts?
(b) National Communities
Each community may establish procedures for resolving conflicts concerning inheritance, family law, matrimonial relations, tutorship, adoption, civil lawsuits as decided by the Assembly of Kosovo, and criminal cases for which imprisonment of up to one year is prescribed in the currently applicable penal code. These procedures must ensure that practices are consistent with internationally recognized human rights. They shall have jurisdiction only when all parties to a dispute agree.
Decisions of the national community dispute resolution mechanism shall be honored by other courts in Kosovo and the Federal Republic of Yugoslavia in accordance with applicable rules.
(2) Police.
(a) Police shall be sworn to uphold the law impartially, fairly, and with equal treatment for all persons.
(b) All police operating in Kosovo must be trained to internationally accepted standards for police operations, in particular with regard to human rights.
PARAGRAPHS(c)AND(d) TO BE DEVELOPED FURTHER
(c) Each commune shall establish local police, which shall have membership representative of the commune. Police (such as customs police) from other governmental levels shall recruit members of national communities so that the composition of such police forces in Kosovo will be representative of the population there.
(d) The local police shall he exclusively responsible for maintaining public order and peace. Federal and Republic police shall not carry out this responsibility. Federal and Republic authorities, in accordance with their respective responsibilities, shall retain responsibility for external security, border police, and the investigation of international and extra-Kosovo crime.
(e) Each commune shall establish commission to review and make recommendations on all matters concerning the police, including in particular complaints about violations of human rights. Every national community in the commune will have the right to participate on the commission. These commissions shall have the complete cooperation of both sides and unimpeded access to any person, place, document, and information it requests.
VI. FINANCING
1. The bodies established in Sections II-IV shall have the right to keep all revenues from their own taxes or other charges. They shall also have a part of revenue otherwise derived in Kosovo (including duties or fees). The organs of
Kosovo shall participate in the collection of customs and other duties within Kosovo according to procedures to be agreed.
2. In recognition of the fact that this Agreement confers new responsibilities upon bodies in Kosovo, Republic and the Federal authorities shall examine how to provide resources necessary for the conduct of its responsibilities. These resources shall include funds (including tax remission), equipment, and training.
3. Federal and Republic authorities shall also facilitate, to the extent of their respective authorities, the delivery of resources from international sources to Kosovo.
VII IMPLEMENTAION PERIOD
i. This Agreement shall be implemented as quickly as possible. The signatories of this Agreement take the obligation to allow, insofar as possible, it’s adequate
implementation even before the adoption and undertaking of all acts and measures fixed in the Agreement.
2. The sides will start without delay an any and all legal changes, necessary for the full implementation of this Agreement. They acknowledge that complete implementation will require the adoption of necessary state regulations and other general acts of the organic document of Kosovo, political acts and measures, and the elections of establishment of institutions and bodies established by this Agreement.
3. Each national community in Kosovo is authorized to start exercising the additional rights determined by this Agreement, to the extent possible, immediately upon signature.
4. Within ( ) months, there will be elections for all bodies established by this Agreement. The Government of the FRY hereby invites the Organization for Security and Cooperation in Rome (OSCE) to conduct those elections.
5. Under international supervision, an objective and free census of the population in Kosovo shall be carried out when the international supervisor determines that conditions allow an accurate census.
6. All relevant governmental institutions shall provide the organs of Kosovo with all necessary records about the places of residence, citizenship, voters’ lists, and other data.
7. The signatories of this Agreement shall provide active support, cooperation, and participation for the successful implementation of the Agreement.
8. Laws and institutions currently in place in Kosovo shall remain until replaced by a decision of a competent body established by this Agreement.
VIII AMENDMENTS
1. Amendments to the Agreement shall be adopted by signature of the parties.
2. Each signatory may propose amendments at any time and will consider and consult with the other with regard to proposed amendments.
3. In three years, the sides will undertake a comprehensive assessment of the Agreement, with the aim of improving its implementation and considering proposals by either side for additional steps, which will require mutual agreement for adoption.
IX FINAL PROVISIONS
1. This Agreement is concluded in the ( ) languages.
2. This Agreement shall enter into force upon the completion of the internal process of each side.
FOR
Federal Republic of Yugoslavia
Republic of Serbia
Kosovo
1O/l/98
LAW ENFORCEMENT AND SECURITY ANNEX
I. GENERAL PRINCIPLES
1. The Parties agree to cooperate on law enforcement matters of mutual interest consistent with the procedures outlined below.
2. All Kosovo, Republic and Federal law enforcement and 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.
3. In exercising authorities under this annex, all law enforcement and military components shall observe internationally recognized standards of human rights, due-process and fundamental fairness.
4. Police forces at the communal and municipal levels under the supervision of civilian authorities will have primary responsibility for maintaining public order and security in Kosovo.
5. All law enforcement bodies operating in Kosovo will be representative of the population.
6. An international civilian police mission will be undertaken in the territory of Kosovo to monitor the enforcement of this agreement and guide the implementation of the agreement. The Parties agree to cooperate fully with the international civilian police mission.
II. THE MINISTRY OF INTERIOR
A. Leadership
The Ministry of Interior will be headed by a Minister of Interior and a Deputy Minister of Interior. In every possible circumstance, decisions will be taken jointly by the Minister of Interior and the Deputy Minister of Interior. At a minimum, the Minister will inform, and consult with, the Deputy Minister on all significant matters.
Minister of Interior.
The Minister will be of Kosovar Albanian ethnicity.
2.Deputy Minister of Interior.
The Deputy Minister will be of Serb ethnicity and will be a permanent resident of Kosovo. He or she will be appointed and removed by the Kosovo authorities in consultation with the Kosovo Security Commission. The Deputy Minister will serve as the deputy principal officer for law enforcement and the administration of justice in Kosovo and will support the Minister in the management of all law enforcement personnel reporting to the Ministry.
1.Chief of Staff for Communal Police Issues:
The Chief of Staff, and his or her deputy, will coordinate police issues and provide guidance to communal commanders.
The Chief of Staff will be of Kosovar Albanian ethnicity, appointed by the Minister of Interior, with concurrence of the Deputy Minister of Interior, following consultations with the Kosovo Security Commission. He or she will report to the Minister and Deputy Minister of Interior.
3. Deputy Chief of Staff for Communal Police Issues:
The Deputy will assist the Chief of Staff in all functions.
The Deputy Chief of Staff will be of Serb ethnicity, appointed by the Minister of Interior, with concurrence of the Deputy Minister of the Interior, following consultations with the Kosovo Security Commission. He or she will report to the Minister and Deputy Minister of Interior.
B. Structure.
A Ministry of Interior building will be established in Pristina. All headquarters offices of the Ministry of Interior will be located within this building.
C. Authorities
The Ministry of Interior will have responsibility for all law enforcement matters in Kosovo.
Consistent with international standards of democratic policing and human rights and the rule of law and subject to the exceptions noted in this Annex, the Ministry will have the authority to:
initiate and implement, through its law enforcement bodies, the full range of law enforcement operations;
order the arrest and/or detention of individuals for suspected criminal activity;
establish administrative and personnel procedures necessary to carry out its tasks; and employ and remove personnel.
D. Financing
The Ministry of Interior, including salaries for all personnel serving directly in the Ministry or in its component law enforcement bodies, will be financed by Kosovo.
III. LAW ENFORCEMENT STRUCTURES
The following law enforcement structures, all reporting to the Ministry of Interior, shall be established to provide for civilian security within Kosovo:
A. Kosovo Communal Police Units
1.Duties and Functions- There shall be established communal police units in Kosovo, organized and stationed at the communal and municipal levels, which will have primary responsibility for the protection of life and property in Kosovo.
The specific responsibilities of the communal police will include:
a. Police patrols and crime prevention
b. Criminal investigations
c. Arrest and detention of criminal suspects
d. Crowd control
e. Traffic control
2. Structure and Composition
a. Size. The total number of communal police operating within Kosovo shall not exceed 2,500 active duty law enforcement officers (exclusive of administrative officers).
b. Civilian Staff. Communal police units will be coordinated by a civilian staff located at the Ministry of Interior.
2.Communal/Municipal Level: Communal police operations will be undertaken by personnel assigned at the communal level and, within communes, at the municipal station level.
Force size for each commune will be determined on the basis of the size and population of the commune. The ethnic balance of a communal police unit will be representative of the ethnic balance of the commune in which it operates.
a. Personnel:
i) Communal Commander; Each commune will have a police commander to manage day-to-day operations and personnel issues within the commune. The commander will be appointed on the recommendation of the commune government (following consultation with the Communal Security Commission) by the MOI Chief of Staff, with the concurrence of the Deputy Chief of Staff. The Chief of Staff must appoint the communal government's nominee absent a showing of good cause for not doing so. The Chief of Staff will have authority to remove communal commanders.
ii) Deputy Communal Commander: Each commune will have a deputy police commander to assist the communal commander in all his/her duties. The deputy commander will be appointed by the Chief of Staff, with the concurrence of the Deputy Chief of Staff, on the recommendation of the commune government (following consultation with the Communal Security Commission). The Chief of Staff must appoint the communal government's nominee absent a showing of good cause for not doing so. The Chief of Staff will have authority to remove the deputy communal commander. The deputy communal commander must be a member of the largest minority ethnic group where that ethnic group comprises at least 10% of the commune’s population.
iii) Municipal Station Chiefs: The communal commander, with the concurrence of the deputy commander and in consultation with the Communal Security Commission, will appoint, and have removal authority over, municipal station chiefs who will oversee operations at each municipal police station. The municipal station chiefs will report directly to the communal commander and his/her deputy.
b. Municipal Stations: The communal government, with the concurrence of the communal police commander, shall establish such municipal police stations in the commune as it deems necessary to prevent, detect and investigate criminal activity and maintain public order. These stations will be manned by communal police assigned to the commune.
4. Salaries: Salaries for all police personnel, regardless of where they are assigned, will be paid by the Kosovo Ministry of Interior.
5. Recruitment
Communal police recruitment will be conducted primarily at the communal level. Each commune government, in consultation with the communal security commission and the communal police commander and deputy commander will nominate officer candidates. Appointments to the academy basic recruit course will be made by the academy director and deputy director, with the concurrence of the MOI Chief of Staff and Deputy Chief of Staff. While participating in the basic recruit course, police candidates will receive meals, lodging and a modest stipend from the Ministry of Interior. Offers of employment will be made by the Chief of Staff, with the concurrence of the academy director and deputy director, only after the candidate has successfully completed the academy basic recruit course. New police officers will be assigned by the Ministry of Interior to the commune from which they were nominated.
For as long as the international civilian police mission is present, recruitment, selection and training will be provided by and/or in cooperation with the international civilian police mission with the assistance of international bilateral donors.
6. Equipment
All police officers, with the exception of crowd control units, will wear a standard solid dark blue uniform, the precise design of which will be developed by the Ministry of Interior and agreed to by the Minister and Deputy Minister of interior. Such uniform will include a badge, picture identification, and nametag. Aside from insignias noting officer rank, the only patches or insignias which may be worn on the uniform are a "Communal Police" patch, and a patch which notes the name of the officer's assigned commune. If an officer is assigned to a specialized unit such as a crowd control or traffic control unit, the name of the unit also may be noted on the uniform.
Police officers will be equipped with a sidearm, handcuffs and a baton. Each commune may keep, either at the communal headquarters or at municipal stations, no more than 20 long-barreled weapons without special permission from the Chief or Deputy Chief of Staff (and international civilian police mission as long as it is present). Long-barreled weapons may be carried or used only with the permission of the communal police commander (and the international civilian police mission for as long as it is present). When not in use, all weapons will be securely stored and each commune will keep a registry of all weapons assigned to it.
Crowd control units will receive equipment appropriate to their task, including batons, helmets and shields.
7. Use of Force
Police personnel are authorized to use force in performance of lawful duties. The force used must be the
minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior's Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.
B. The VIP Protection Unit
1. Duties and Functions. This unit will provide personal protection for senior government officials and visiting dignitaries.
2. Structure and composition
a.Chief of the VIP Protection Unit. The chief of the unit will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior. He or she will manage all aspects of the unit, from operations to administrative matters, reporting to the Minister and Deputy Minister of Interior.
b. Deputy Chief of the VIP Protection Unit. The deputy chief of the unit will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior.
c. Within the Unit, there will be separate divisions for government protective security and foreign dignitary security. Within the government protective security division, the governmental officials involved may chose the ethnicity of the officers charged with their protection.
3. Recruitment
Individuals may apply to the Chief of the VIP Protection Unit for employment in the protective service. The Unit will develop a common form that all candidates must complete. Selection of candidates for training will be made jointly by the Chief and Deputy Chief of the Unit, with the concurrence of the Minister of Interior. Formal job offers will be made by the Chief of the Unit, with the concurrence of the Deputy Chief and the Academy Director only after candidates have successfully completed a course of intensive training at the Kosovo law enforcement academy (or, until that academy is operational, they have successfully completed a course of training provided by bilateral donors in cooperation with the international civilian police mission). Officers will be dismissed by the Chief of the Unit, with the concurrence of the Deputy Chief.
The names of all personnel serving within the VIP Protection Unit will be provided to the Kosovo Security Commission.
4. Use of Force
Officers of the unit are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of interior's Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.
C. The Internal Affairs Unit
1. Duties and Functions
The Internal Affairs Unit will undertake, sua sponte or at the request of the Minister or Deputy Minister of Interior, a communal police force chief, or the Security Commissions., investigations into allegedly inappropriate, wrongful, and/or possibly unlawful conduct by law enforcement personnel employed by the Ministry of Interior. Such conduct could include, but is not limited to, inappropriate use of a firearm, violation of a suspect's human rights, or involvement in organized crime or police corruption.
The Unit will operate independently and on a confidential basis, including undercover, while its investigations are ongoing. However, it will prepare a report of findings and the conclusion or dismissal of each investigation for the Minister and Deputy Minister of Interior. These reports will be made available on a timely basis to the relevant communal police force chief and to the Kosovo Security Commission unless the Internal Affairs Unit can show good cause for not doing so. The reports also will become part of an officer's permanent personnel file and will be considered in promotion decisions and future assignments.
The Unit may be armed with sidearms and will have arrest authority.
2. Structure and Composition
a. Chief of the Internal Affairs Unit. The Chief of the unit will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior. He or she will manage all aspects of the unit, from investigations to administrative matters, reporting to the Minister and Deputy Minister of Interior.
b. Deputy Chief of the Internal Affairs Unit. The deputy chief of the unit will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior.
c. The Unit will be based in Pristina in a building near the Ministry of Interior. The unit will establish such communal offices as it deems necessary on a permanent or temporary basis to successfully carry out its tasks. All levels and branches of the Ministry of Interior law enforcement bodies will cooperate fully with Internal Affairs Unit investigations.
d. The ethnic makeup of the Unit will be representative of Kosovo as a whole.
3. Recruitment
The members of the Internal Affairs unit will be selected through the basic police application process by the Chief of the Internal Affairs unit, on the recommendation of the police academy director and deputy director.
4. Use of Force
Officers of the unit are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior's Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.
D. Interim Police Academy
1. Functions
Under the supervision of the international community, an interim Police Academy will offer mandatory and professional development training for all personnel serving in law enforcement functions under the Ministry of Interior.
Such training will include:
-- a basic recruit program
-- advanced investigative and forensic skills
-- crowd control
-- traffic control
-- VIP protection
Priority will be given to establishing the basic recruit program.
The Academy will play a role in the selection and advancement of law enforcement personnel, providing recommendations and evaluations based on individuals' performance in academy programs . The Academy will provide certificates upon completion of training programs and will maintain adequate training records.
2. Structure and Administration
a. Academy Director. The director will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior and in consultation with the Kosovo Security Commission. He or she will manage all aspects of the academy, from student selection to program development, approval and evaluation. The director will report to the Minister and Deputy Minister of Interior.
b. Academy Deputy Director- The deputy director will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior, and in consultation with the Kosovo Security Commission.
c. All costs relating to the functioning of the academy, including facility maintenance, travel, costs and salaries for instructors and academy administrative personnel, will be paid by the Ministry of Interior.
3. Facilities
The Academy will provide lodging, meals, classrooms and appropriate training facilities, including a firing range.
4. Faculty
The staff of the Academy will he selected and removed with the concurrence of the Academy Director and Deputy Director and will be representative of the ethnic balance of Kosovo.
5. Basic Program of Study
Once the police academy becomes operational, all police candidates will be required to successfully complete a course of police studies which include principles and methods of democratic policing. Candidates who do not satisfactorily complete the course will not be permitted to join the police force.
IV. SECURITY COMMISSIONS
The parties shall a establish a Kosovo Security Commission with competence throughout Kosovo, and Communal Security Commissions within each commune. The Commissions shall address and attempt to resolve problems concerning law enforcement and security in Kosovo.
1. Functions of the Commissions.
a. Review, and make recommendations regarding the recruitment, selection and training of police officers.
b. Review, and make recommendations regarding communal police and other law enforcement issues.
c. Consider complaints regarding police practices filed by individuals or national communities.
d. In the Kosovo Security Commission only: In consultation with designated local and Federal police liaisons, supervise jurisdiction sharing in cases of concurrent jurisdiction between Kosovo and Federal authorities.
2. The membership of the Kosovo Security Commission and each Communal Security Commission shall be representative of the population and shall include:
a. In the Kosovo Security Commission
i. a representative of each commune
ii. a representative of the Federal Special Investigations unit
iii. a representative of the border police
iv. a representative of each national community
v. a representative of the Ministry of Interior
vi. a representative of the ICPM, during its period of operation in Kosovo.
b. In the Communal Security Commissions:
i. a representative of the communal police
ii. a representative of the Federal Special Investigations Unit, if the unit maintains an office in the commune.
iii. a representative of the border police, if border police are present in the commune.
iv. a representative of each national community
v. a civilian representative of the communal government
vi. a representative of the ICPM, during its period of operation in Kosovo.
3. Each Security Commission shall meet at least monthly.
V. COORDINATION AND COOPERATION ON MUTUAL SECURITY MATTERS
A. Joint Coordination Committee
A Joint Coordination Committee (JCC) will be established to provide a forum for coordinating and cooperating on mutual security matters. The JCC will be an advisory body with 3-5 representatives each from the FRY, Serbia, Montenegro, Kosovo, and the ICPM during its period of operation in Kosovo. The Kosovo and Montenegro Interior Ministries will select their own representatives. The JCC will meet not less than monthly and ad hoc sessions will be called within 48 hours at the request of any member. Hosting responsibilities for JCC meetings will alternate among the members.
B. TECHNICAL ASSISTANCE
Communal police forces and the Kosovo Border Police may request technical assistance from Federal and Republic authorities in cases requiring forensic assistance and other forms of specialized expertise.
VI. FEDERAL AND REPUBLIC POLICE OPERATIONS IN KOSOVO
A. Except as specifically permitted in this Agreement, it shall be the exclusive responsibility of communal police forces to patrol the territory of Kosovo and investigate crimes. Republic and FRY law enforcement personnel will not patrol, investigate, or otherwise operate individually or collectively within the territory of Kosovo without the express consent, or at the express request, of the Kosovo Minister of Interior. The consent to or request for such operations will specify any restrictions on the movements and the authorities of the Federal or Republic law enforcement personnel permitted in Kosovo.
B. Federal Special Investigative Unit
1. Federal law enforcement authorities may establish a Federal Special Investigative Unit (FSIU) in Kosovo staffed with Federal police officers to investigate the following crimes with potential Federal and cross-border consequences.
The sale and distribution of significant quantities of narcotics.
Kidnappings that may involve the transport of victims across the Kosovo border
Smuggling
Counterfeiting Money
Forgery of Federal Government Documents
Espionage
Murder or Aggravated Assault of Republic or Federal authorities
Destruction of Republic or Federal property
Fraud or Embezzlement or Acceptance of Bribes, committed by Federal or Kosovo authorities in the course of performing their official duties.
This list may be modified upon written agreement of the Parties. The Chief of Staff, Ministry of Interior and the Chief Prosecutor of Kosovo may, in their discretion, expand the investigative jurisdiction of the Federal Special investigative Units in individual cases where they both agree that such expansion would be in the interest of the administration of justice.
2. No more thin 50 federal law enforcement officers in total may operate within the Federal Special Investigative Units in Kosovo at any given time. In the case of investigative emergencies requiring a greater FSIU presence in Kosovo than is authorized, the FRY may supplement the staffing of the FSIU only with the express permission of the Chief of Staff, MOI.
3. In cases of concurrent jurisdiction with the communal police, the FSIU will cooperate in such investigations to the greatest possible extent, including through the establishment of joint task forces.
4. On a timely and regular basis, the Chief of Staff, Ministry of Interior will be informed of all major investigations undertaken by the FSIU and will be informed regularly (at least weekly) as to the progress of every investigation.
5. FSIU members may carry individual sidearms and, with the express consent of the Chief of Staff, Ministry of Interior, long-barreled weapons.
6. For any FSIU team operating in Kosovo, no less than 25% of the team must be of Kosovar Albanian ethnicity.
7. Federal officers staffing the FSIU must complete a course of ICPM-approved training before beginning such duty.
B. Police authorities of the Serbian Republic shall not have authority to investigate crimes in Kosovo except with the express permission of the Chief of Staff, MOI. In granting such permission, the Chief of Staff, MOI may limit the number of Serbian police authorities permitted to operate in Kosovo and may require that they be accompanied by officers of the communal police. It shall be appropriate for the chief of the staff, MOI to grant such permission where Serbian Republic authorities have demonstrated substantial reason to believe that:
a. persons who committed crimes in Serbia, or who have information concerning crimes committed in Serbia, are resident in Kosovo; or
b. persons resident in Kosovo are planning a crime, or have knowledge of a crime that will be committed, at least in part, in Serbia.
9. Republic police authorities shall transit the territory of Kosovo in the course of their official duties only along routes that have been agreed upon between Republic authorities and the local police.
VII SECURITY ON THE INTERNATIONAL BORDERS
The Government of the FRY will maintain official border crossings on its international borders. At each of these crossings, personnel from the organizations listed below will be present.
A. Kosovo Border Police
I. Duties and Functions. The Kosovo Border Police (KBP) will:
review immigration documents at the official border crossings on the territory of Kosovo;
implement the immigration laws and regulations of the FRY within Kosovo;
patrol the areas in the vicinity of the international borders within Kosovo to deter and detect illegal entry of persons and goods into the FRY.
Issuance of passports and visas will continue to be a FRY activity. The FRY will establish a passport office in Kosovo.
2. Structure and Composition:
The Kosovo Border Police will be headed by a Chief of the Kosovo Border Patrol who is appointed and removed by the Kosovo Minister of Interior with the concurrence of the Deputy Minister of Interior and in consultation with the Kosovo Security Commission. The Chief of the Border Police will report to the Minister and Deputy Ministers of Interior and will be responsible for all management and operations issues involving the Kosovo Border Police. He or she also will serve as the primary point of contact for Kosovo with the FRY on matters concerning border and immigration issues.
The membership of the Border Police will be representative of the ethnic composition of Kosovo. All Border Police candidates must attend border police training (which will include training on smuggling of goods and people) at the Kosovo police academy. This training will be based on FRY border and immigration law and the FRY will be invited to send trainers to the Kosovo academy to participate in the training.
3. Applicable Law. The Kosovo Border Police will administer FRY law in border and immigration matters.
4. Use of Force: The Kosovo Border Police will be armed with sidearms only. Officers are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior's Internal Affairs Unit. The penalty fox inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.
5. The Federal Army (VJ)
1. Units of the VJ shall continue to be stationed in Kosovo to protect the international borders and territorial integrity of the FRY.
2. VJ units will be permitted to patrol in Kosovo only within 10 km of the international border. VJ units will have no arrest authority in Kosovo. VJ units may detain individuals where permitted by law, but must transfer them over for arrest to the Kosovo Border Police or communal police at the earliest possible time.
3. In the case of serious civil disorder or other emergency, the VJ may patrol beyond the limits specified in paragraph 2 at the request of, and subject to limitations imposed by, the Kosovo Ministry of Interior.
4. The VJ may travel through the territory of Kosovo to reach its duty stations and garrisons. Such travel shall occur only along routes that have been agreed upon between the VJ and the communal police.
C. Customs Officers
1. The FRY Customs Service will continue to exercise customs jurisdiction at the official international border crossings within Kosovo and in such customs warehouses as may be necessary within Kosovo. The FRY Customs Service will recruit officers of Kosovar Albanian ethnicity to work within the Customs Service and, within 8 months of the signing of this agreement, each Customs team working at an international border or elsewhere within Kosovo will include at least one officer of Kosovar Albanian ethnicity. These Kosovar Albanian officers will be trained and paid by the FRY.
2. Use of Force. Customs officers will be authorized to carry sidearms only. Customs officers are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances.
VIII PURSUIT OF FLEEING SUSPECTS
A. In the course of pursuing a suspect who is fleeing their respective jurisdictions, the communal police and Republic authorities shall have the right to continue their pursuit across the Kosovo border into the jurisdiction of the other entity, if such pursuit is ongoing and uninterrupted. As soon as is practicable, the pursuing authorities shall notify the authorities of the territory into which the suspect has fled of the pursuit.
B. Republic authorities who pursue and capture a fleeing suspect in accordance with this section, in Kosovo territory within 15 kilometers of the border, may arrest and detain such suspect without regard to sections IX(A) and IX(F).
C. Communal police authorities who pursue and capture a fleeing suspect in accordance with this section, in Republic territory within 15 kilometers of the border, may arrest and detain such suspect notwithstanding any other Republic laws.
IX. ARREST AND DETENTION
A. Except as noted below, only officers of communal police units shall have authority to arrest and detain individuals in the territory of Kosovo. Immediately upon arrest, communal police authorities shall notify the designated representative of the national community to which the detainee belongs.
B. Kosovo Border Police officers shall have authority to arrest and detain individuals who have violated criminal provisions of the immigration laws.
C. officers of the Customs Service shall have authority to arrest and detain individuals for criminal violations of the customs laws.
D. Officers of the Federal Special Investigative Unit shall have authority to arrest and detain individuals in Kosovo for those crimes specified in this Agreement, if (1) such crimes constitute violations of Federal law; and (2) a Federal court has issued a warrant authorizing such arrest.
5. Arrests and prosecutions resulting from investigations by the Federal Special Investigative Unit of cross-border criminal activity that does not violate federal law are the exclusive responsibility of communal police authorities.
6. Republic police authorities shall not have authority to arrest or detain individuals within Kosovo. The transfer of suspects and detainees to Republic authorities is governed by Section XI (A).
7. Federal and Republic authorities shall promptly notify the Kosovo Minister of Interior when a resident of Kosovo is detained or arrested by a non-Kosovar authority within the FRY.
X. PROSECUTION OF CRIMES
1. Kosovo shall create an Office of the Prosecutor responsible for prosecuting individuals who violate the criminal laws of Kosovo before the Courts of Kosovo.
2. Kosovo shall appoint, and have the authority to remove a Chief Prosecutor.
3. The Prosecutor-General of the FRY shall maintain
offices in Kosovo to prosecute those crimes specified in Section VI (13)
which are violations of federal law and which have been committed in Kosovo.
XI. TRANSFER OF DETAINEES
A. From Kosovo
In cases where Republic police authorities seek the arrest or detention of individuals in Kosovo in connection with violations of Republic laws, and to arrange for their prosecution in Serbia or Montenegro, the following procedures shall be observed:
1. Republic police authorities shall file an ex parte request with the Criminal Courts of Kosovo for the arrest and transfer of individuals that are reasonably believed to have violated criminal laws of the Republics.
2. Where the Court finds reason to believe that the suspect in question has committed the crimes detailed in the Republic request, it shall order the communal police to arrest and detain the suspect and transfer him or her to Republic police authorities, unless the Kosovo Chief Prosecutor certifies to the court that the communal police authorities have arrested, or intend imminently to arrest, detain and prosecute the suspect for crimes in violation of the laws of Kosovo.
3. Where the Court finds grounds for the transfer of a suspect to Republic authorities, but the Kosovo Chief Prosecutor elects to prosecute the suspect pursuant to paragraph 2, Kosovo authorities shall honor the Republic transfer request following either acquittal of the suspect, or his or her release from Kosovo custody and any period of incarceration.
B. To Kosovo
In cases where communal police authorities seek the arrest or detention of individuals in the Republics in connection with violations of Kosovo law, and to arrange for their prosecution in Kosovo, the following procedures shall be observed:
1. Communal police authorities shall file an ex parte request with Republic courts for the arrest and transfer of individuals that are reasonably believed to have violated criminal laws of Kosovo.
2. Where a Republic court finds reason to believe that the suspect in question has committed the crimes detailed in the Kosovo request, it shall Order Republic authorities to arrest and detain the suspect and transfer him or hex to communal police authorities, unless Republic prosecutorial authorities certify to the court that the Republic has arrested, or intends imminently to arrest, detain and prosecute the suspect for crimes in violation of Republic laws.
3. Where the Republic court finds grounds for the transfer of a suspect to communal police authorities, but the Republic prosecutor elects to prosecute the suspect pursuant to paragraph 2. Republic authorities shall honor the Kosovo transfer request following either acquittal of the suspect, or his or her release from Republic custody and any period of incarceration.
XII. JUDICIARY
A. Kosovo shall establish courts to hold civil and criminal proceedings and interpret the laws of Kosovo.
B. The judges of the Kosovo courts shall be appointed by Kosovo from a slate of candidates nominated by the communes. The composition of the Kosovo judiciary shall be ethnically representative of the population.
C. The FRY shall maintain Federal courts within Kosovo to adjudicate violations of Federal law which occur in Kosovo.
XIII. PRISONS
A. 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 of Kosovo.
B. Federal authorities shall either maintain facilities in Kosovo for the detention and imprisonment of individuals who have violated federal law, or shall arrange for their detention or imprisonment in Kosovo facilities pursuant to a memorandum of understanding between the parties.
XIV. INTERNATIONAL ASSISTANCE
A. International Civilian Police Mission
To assist them in meeting their obligations, the Parties request that an international civilian police mission be established to carry out, within Kosovo, a program of assistance.
(Additional guidance on ICPM authorities to be provided)
B. Specific Responsibilities of the Parties
1. The Parties shall cooperate fully with the international civilian police mission and shall so instruct their law enforcement agencies.
2. The Parties shall not impede the movement of international civilian police personnel or in any way hinder, obstruct or delay them in the performance of their responsibilities. They shall allow these personnel immediate and complete access to any site, person, activity, proceeding, record or other item or event in Kosovo as requested by the mission in carrying out its responsibilities under this agreement. This shall include the right to monitor, observe and inspect any site or facility at which it believes that police, law enforcement, detention or judicial activities are taking place.
3. Upon request by the international civilian police mission, Kosovo shall make available for training qualified personnel, who are expected to take up law enforcement duties immediately following such training.
4. Kosovo shall facilitate the operations of the international civilian police mission in Kosovo, including by the provision of appropriate assistance as requested with regard to transportation, subsistence, accommodations, communications, and other facilities.
C. International Assistance Program
International donors will assist the implementation of this agreement by providing technical assistance, training and equipment to law enforcement bodies in Kosovo, coordinated with the international civilian police mission.
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