THE DRAFT VERSION OF THE INTERIM AGREEMENT FOR KOSOVO

(November 1, 1998)

THE DRAFT VERSION OF THE INTERIM AGREEMENT FOR KOSOVO
(November 1, 1998)

*Remark:
The latest version which was presented to Belgrade and Kosovo Albanian leaders in the last few days has not been published yet but it is said to be based on the 1 Nov version.)

I. INTRODUCTION

1. All citizens in Kosovo have equal rights and duties as set forth in this Agreement and the international agreements specified in Annex 1. In Kosovo, members of each national community have additional rights as set forth below.

2. The authorities of Kosovo, acting in accordance with this Agreement, are autonomous. The Parties accept and will abide by the principle that their powers and authorities in Kosovo are as specified by this Agreement, which shall prevail over contradictory legal authority of any Party. The Parties shall take all necessary legal steps within their respective systems to carry out this Agreement.

3. The authorities 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 institutions of authority.

5. Every person in Kosovo shall have the right to apply to international institutions [, including the European Court 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 and international standards, including the Helsinki Final Act.
 

II. GOVERNANCE IN KOSOVO

PART I: GENERAL
 

1. Citizens in Kosovo shall govern themselves democratically through legislative, executive, judicial, and other institutions established in this Agreement. The rights and duties of citizens in Kosovo will include the right to democratic self-government and to participate in free and fair elections.

2. The basic [territorial] unit of [local] government will be the communes. All responsibilities not expressly assigned elsewhere by this Agreement will be the responsibility of the communes.

[Option 1:

3. The authorities of Kosovo shall have responsibility for all areas except the following, which shall be within the competence of the Federal Republic save as specified in paragraph four:

(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 any particular region or area of the Federal Republic,
(c) monetary policy,
(d) defense,
(e) foreign policy consistent with the Constitution of the Federal Republic of Yugoslavia,
(f) customs services [and (g) other functions specified in the Constitution of the Federal Republic of Yugoslavia].

Citizens in Kosovo shall continue to participate in areas reserved for the Federal Republic through their representation in Federal institutions.

4. Kosovo shall retain the following powers in the areas otherwise reserved for the Federal Republic:

(a) No changes to the borders of Kosovo shall be made without the consent of the Kosovo Assembly and [President] [Presidency];

(b) No armed attacks shall be launched from the territory of Kosovo without the prior consent of the [President] [Presidency] of Kosovo. Deployment and use of forces in Kosovo shall be governed by Annex 2 of this Agreement;

(c) Kosovo officers and institutions shall have the authority to conduct foreign relations [in cultural, economic, and other fields] consistent with the present Constitution of the Federal Republic Yugoslavia;

(d) Citizens in Kosovo serving as Federal customs officers shall play a role in carrying out customs activities in Kosovo. Customs officers shall be representative of the national communities of Kosovo.]

[Option 2:

3. The authorities of Kosovo will not have responsibility in Kosovo for the following areas:

(a) territorial integrity,
(b) maintaining a common market within the Federal Republic of Yugoslavia,
(c) monetary policy,
(d) defense,
(e) foreign policy except as consistent with the Constitution of the Federal Republic of Yugoslavia,
(f) customs services, and
(g) [Other functions specified in the Constitution of the Federal Republic of Yugoslavia].

It is understood that Federal authorities will carry out these responsibilities. Citizens in Kosovo shall continue to participate in areas reserved for the Federal Republic through their representation in Federal institutions.]

The authorities of Kosovo shall not interfere in the additional rights described in Part V of this Agreement.

PART II: ASSEMBLY, [PRESIDENT] [PRESIDENCY], COUNCIL OF MINISTERS, AND ADMINISTRATIVE BODIES

3. There shall be an Assembly, which shall comprise [  ] Members.

(a) [ ] Members shall be directly elected in accordance with Article X (4) and Annex 4.

(b) The remaining [  ] Members shall be allocated [equally] [by the formula set forth in Annex 5] among the national communities with at least [ ]% of the population of Kosovo, each of which shall elect Members democratically according to its own procedure. Each national community recognized under the principles set forth in Annex 5 shall have at least one Member in the Assembly.

2. The Assembly shall be responsible for enacting [Decisions] [laws] of Kosovo, including those regulating relations in political, economic, social, and cultural areas consistent with this Agreement. Its areas of responsibility shall include:

-The adoption of the [Basic Law] [Constitution] of Kosovo consistent with this Agreement, which shall not be subject to change or modification by authorities of the Republics or the Federal Republic of Yugoslavia;
- The adoption of regulations concerning the organization, procedures, and functioning of the administrative bodies of Kosovo;
- The adoption of budgets and annual accounts of the Administrative Bodies and other institutions of Kosovo, with the exception of communal and national community institutions unless otherwise specified by this Agreement;
- Cooperation with Federal Assemblies, and with the Assemblies of the Republics;
- Ensuring freedom of movement of goods, services, and persons inside Kosovo and between Kosovo and other parts of the Federal Republic of Yugoslavia, consistent with Federal responsibilities;
-Financing activities of Kosovo institutions, including by levying taxes or other charges;
- Conduct of relations with foreign entities consistent with this Agreement and the [Basic Law] [Constitution] of Kosovo;
-Coordination among communes or national communities when necessary, including the enactment of [Decisions] {laws] concerning inter-communal issues;
-Designing programs for regional development;
- Protection of the environment where inter-communal issues are involved;
- Confirmation of the Ministers and Justices of the Supreme Court and the Constitutional Court.

3. [Decisions] [Laws] of the Assembly shall be taken by majority of those present and voting, except as provided in paragraph 4.

4. When a majority of the Members of a national community selected pursuant to paragraph l(b) assert that a proposed decision affects the vital interests of their national community, that decision shall require for approval, in addition to the majority specified in paragraph 3, a majority of the Members present and voting from that national community. If a majority of Members from the asserting community is not present and voting, the regular voting rule shall apply. Any other national community wishing to assert that the same proposed decision also affects its vital interests must make its claim within two days after the privilege is first asserted. After that two day period has elapsed, no national community may assert the privilege set forth in this paragraph with respect to the same proposed decision.

5. The following procedure shall be used to resolve disputes regarding the exercise of the national community privilege set forth in paragraph 4:

(a) The national community or communities asserting the privilege will give reasons to the Assembly explaining its concerns. Members of the Assembly supporting the proposed decision will be given an opportunity to respond. The [President] [Presidency] of Kosovo shall mediate the dispute and attempt to reach a settlement agreeable to all affected national communities.

[Option 1:

(b) If mediation does not produce a mutually agreeable result within seven days, there shall be a vote of the Assembly. The proposed decision shall take effect if it receives the support of [4/5] of the Members of the whole Assembly.

[Option 2:

(b) If mediation does not produce a mutually agreeable result within seven days, the matter will be given to the Constitutional Court for decision. The Court shall determine whether as a matter of law the vital national interests of the community or communities asserting the privilege set forth in paragraph 4 are [affected] [substantially harmed] by the proposed decision. The Court shall hear argument and rule within ten days.

(c) The decision of the Court may be appealed to the [President of the European Court of Human Rights] [Special Court provided for in this Agreement].]

6. A majority of Members shall constitute a quorum. The Assembly will decide its own rules of procedure. Members of the Assembly shall be immune from civil or criminal proceedings on the basis of opinions expressed or votes cast in the Assembly

7. The Assembly shall elect from among its Members a President, two Vice-Presidents, and other leaders as it deems proper. Each national community covered by paragraph l (b) shall be represented in the leadership.

(a) The President of the Assembly shall represent the Assembly, 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.

[Option 1:

8. The President of the Assembly may not be from the same national community as the [President] [Chair of the Presidency] of Kosovo.]

[Option 2:

No text.]

[President] [Presidency] of Kosovo

[Option 1:

9. There shall be a President of Kosovo.

(a) The President shall be selected for a [three] year term. No person may serve more than two terms as President. The President shall be elected directly by the people of Kosovo.]

[Option 2:

9. There shall be a President of Kosovo.

(a) The President shall be selected for a [three] year term. No person may serve more than two terms as President. The President shall be elected [by vote of the Assembly.] [by majority vote of the communal governments. Each commune shall receive one vote, and shall cast that vote as it decides by a majority Vote of the communal assembly.]

[Option 3:

9. Kosovo shall have a collective Presidency, which shall consist of one Serbian of Kosovo, one Albanian of Kosovo[, and others]

(a) Each member of the Presidency shall be elected for a [three] year term. No person may serve more than two terms as a member of the presidency. Candidates for the Presidency shall run for office together on interethnic slates. A slate shall be selected for the Presidency directly by the people of Kosovo.

 i. There shall be a Chair of the Presidency, who shall be selected from among the members of the Presidency by majority vote of the Assembly.

 ii. The Presidency shall decide its own rules of procedure. It shall endeavor to act by consensus. Subject to the privilege set forth in section (a) (iii) of this paragraph, decisions may be taken [by the Chair] [by majority vote] where all efforts to achieve consensus have failed.

 iii. Within four days of the adoption of a Decision of the Presidency, a Member of the Presidency may assert that the Decision affects a vital interest of his or her national community. The issue shall be promptly referred to [the National Council of] his or her national community. If the national community affirms within ten days by a decision taken under its own democratic procedures that its vital interests are affected, the Decision shall be rescinded.  [Dissenting Members of the Presidency may petition the Constitutional Court to have a Decision reinstated. The Court shall decide within ten days whether the vital interests of the national community are [substantially] affected as a matter of law.] [The decision of the Constitutional Court may be further appealed by either party to the Special Court, which shall rule within ten days.]]

(b) The [President] [Presidency] shall be responsible for:

- Representing all citizens in Kosovo before any international or Federal body, or any body of the Republics.
-Proposing to the Assembly candidates for Prime Minister and Justices of the Supreme Court and the Constitutional Court.
- Meeting regularly with [the National Councils and with other] democratically selected representatives of the national communities and other persons.
- Conducting foreign relations consistent with the Constitution of the Federal Republic of Yugoslavia.
- Concluding agreements on behalf of Kosovo, consistent with the Constitution of the Federal Republic of Yugoslavia, after they are approved by the Assembly.
- Serving or designating a representative to serve on the Joint Commission and Joint Council established by Article VIII of this Agreement.
- Meeting regularly with the President of the Federal Republic of Yugoslavia, the President of Montenegro, and the President of Serbia.

Council of Ministers

10. Executive power shall be exercised by the Council of Ministers.

(a) The Council of Ministers shall consist of a Prime Minister and [ ] Ministers, including at least one person from each national community.

(b) The candidate for Prime Minister shall put forward a list of Ministers to the Assembly. The Prime Minister and his or her proposed Ministers shall be approved by a majority of those Members present and voting in the Assembly. In the event that the Prime Minister is not able to obtain a majority for the Council of Ministers, the [President] [Presidency] shall propose a new candidate for Prime Minister within ten days.

(c) The Council of Ministers shall be responsible for implementing and enforcing [Decisions] [laws] of the Assembly and actions of other government authorities when such responsibilities are devolved by those authorities. Ministers of the Council shall head the Administrative Bodies of Kosovo, and shall also have independent authority to propose [laws] [Decisions] to the Assembly.

(d) The Prime Minister shall call meetings of the Council of Ministers, represent the Council of Ministers in appropriate settings, and organize its work. Decisions of the Council shall require a majority of Members present and voting. The Prime Minister shall cast the deciding vote if the Ministers are equally divided. The Council shall otherwise decide its own rules of procedure.

Administrative Bodies

11. Administrative Bodies shall be responsible for implementing [Decisions] [laws] of Kosovo and, where devolved to them, of other authorities.

(a) Employees of administrative bodies shall be fairly representative of the population of Kosovo.

(b) Any citizen of Kosovo claiming to have been aggrieved by  the decision of an administrative body shall have the right to judicial review of that decision. The Assembly shall enact administrative law to regulate this review.

(c) An administrative body of Kosovo shall have  responsibility for all enforce-ment matters in Kosovo, in accordance with Annex 2 to this Agreement.
 

PART III: COURTS IN KOSOVO

1. Kosovo and its Communes shall establish courts for Kosovo. There shall be a Constitutional Court, a Supreme Court, and Communal Courts. [There shall also be a Special Court for purposes of monitoring the implementation of this Agreement.] Justices and judges of the Kosovo courts shall not be held criminally or civilly liable for any acts carried out within the scope of their duties.

2. The courts of Kosovo shall have jurisdiction Over all legal matters arising under the [Basic Law] [Constitution] of Kosovo and [Decisions] [laws] of the Assembly, and international law to be applied in Kosovo including, but not limited to, matters relating to the application and interpretation of the international, human rights agreements listed in Annex 1.

3. The courts of Kosovo shall also have jurisdiction as specified in this paragraph over matters arising under federal law or raising questions of federal law.

(a) Kosovo courts shall adjudicate all civil cases in Kosovo arising under Federal law or raising federal law questions in the first instance. Unless otherwise specified in this Agreement, Kosovo courts shall also adjudicate criminal cases in Kosovo arising under federal law. Disputes presenting federal questions may be appealed to the Federal courts after all appeals available under the Kosovo system have been exhausted. Kosovo courts shall be the final authority as to the meaning of Kosovo legal authorities.

[Option 1:
(a)
(b) Those federal criminal matters specified in [ ]  shall be adjudicated entirely by the courts of the Federal Republic of Yugoslavia. Appropriate Federal courts of first instance shall be established in Kosovo for this purpose. The courts of the Federal Republic shall conduct these proceedings in a manner fully in keeping with all international human rights standards.]

[Option 2:

(b) Those federal criminal matters specified in [ ]  shall be adjudicated in the first instance by the courts of the Republic of Serbia, with appeal to the Federal courts. The courts of the Republic of Serbia and the Federal Republic shall conduct these proceedings in a manner fully in keeping with all international human rights standards.]

Constitutional Court and Supreme Court

4. Composition. The Constitutional Court shall consist of [five] Justices. The Supreme Court shall consist of [nine] Judges.

(a) The Justices and Judges shall be distinguished jurists of the highest moral character. The two tribunals shall be broadly representative of the national communities of Kosovo. [Each national community representing at least []% of the population of Kosovo shall have at least one Justice and one Judge on each of the two tribunals.] [Another procedure to allocate seats.]

(b) The Justices and Judges shall each be selected for a term of five years, and may not be reappointed. They shall be required to retire at age 70, and may resign at any time. Justices and Judges may otherwise be removed only for cause. Removal for cause shall require the consensus of the other Justices or Judges of the tribunal.

5. Jurisdiction of the Constitutional Court.

The Constitutional Court shall have sole authority to resolve disputes relating to the [Basic Law] [Constitution] of Kosovo.

That authority shall include, but is not limited to, determining whether decisions or actions of the [President] [Presidency], the Assembly, the Council of Ministers, the Communes, and the National Communities are compatible with the [Basic Law] [Constitution] of Kosovo.

The Court shall also have jurisdiction to decide whether the actions of any official or institution are compatible with the European Convention for Human Rights and its Protocols, and with the other human rights agreements listed in Annex 1, and with the Human Rights and Fundamental Freedoms and rights of National Communities set forth in this Agreement.

(a) Matters may be referred to the court by the [President] [Presidency] of Kosovo, the President or Vice-Presidents of the Assembly, the Prime Minister, the Ombudsman, the communal assemblies and councils, and any national community acting according to its democratic procedures.

(b) Any Kosovo court, which finds in the course of adjudicating a matter that the dispute depends on the answer to a question within the Court's jurisdiction, may refer the issue to the Court for a preliminary decision.

(c) The Court shall have appellate jurisdiction Over cases raising matters within its authority after all other avenues for appeal have been exhausted, including the Supreme Court.

(d) [Questions relating to the compatibility of official actions with the European Convention for Human Rights and its Protocols may be further appealed to the European Court of Human Rights. In such matters, the decisions of the European Court shall be final.] [Where a matter falls within the jurisdiction of the Special Court, appeals may also be taken to that tribunal consistent with this Agreement.] Questions of Federal law may be appealed to the courts of the Federal Republic of Yugoslavia.

6. Jurisdiction of the Supreme Court. The Supreme Court shall hear appeals from the Communal Courts. It shall be the final appellate tribunal of Kosovo for all matters of Kosovo law falling outside the jurisdiction of the Constitutional Court [and the Special Court]. Questions of Federal law may be appealed to the courts of the Federal Republic of Yugoslavia.

7. Functioning. The two tribunals shall adopt decisions by majority vote of all the Justices or Judges. They shall hold public proceedings, and issue published opinions setting forth the reasons for their decisions along with any dissenting views.
 

Communal Courts

8. The Communes shall establish such tribunals of first instance as they deem proper to address matters falling within the jurisdiction of the Kosovo courts. Judges shall be unbiased, and a representative percentage shall be selected from each national community in the Commune after consultation with the national communities.

National Community Dispute Settlement Mechanism

9. Each national 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.

(a) 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.

(b) 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.

[Special Court

10. General. A Special Court shall be established to ensure compliance with this Agreement. Three judges of the Special Court shall be elected by the Chamber of Citizens of the Federal Republic of Yugoslavia and three by the Assembly of Kosovo. During a period of [twenty] years from the entry into force of the Agreement, three judges appointed by the European Court of Human Rights following consultations with the Government of the Federal Republic of Yugoslavia and Kosovo Council of Ministers shall sit on the Court. These judges shall not be citizens of the Federal Republic of Yugoslavia or of any neighboring state. The Special Court shall establish its own rules of procedure.

11. Jurisdiction and Powers. The Special Court shall have jurisdiction to decide matters arising under this Agreement and its Annexes. In particular, it shall hear cases under the following circumstances:

(a) At the request of the President, the Government, the Chamber of the Republics, or the Chamber of Citizens of the Federal Republic of Yugoslavia; of the President, the Government, or the National Assembly of the Republic of Serbia; of the [President] [Chairman of the Presidency], the Council of Ministers, the Assembly, or the Ombudsman of Kosovo; or the Chair of the Joint Commission:

(i) In case of disagreement as to the compatibility of Federal, Republic of Serbia, or Kosovo legislation or of the Federal or Republic of Serbia Constitution or the [Basic Law] [Constitution] of Kosovo with this Agreement; or

(ii) In case of disagreement as to the rights and obligations of the Federation, the Republic of Serbia, or Kosovo under this Agreement.

(b) At the request of the [President] [Chair of the Presidency], the Council of Ministers, the Assembly, the Ombudsman, a National Community, a Commune, or the Chair of the Joint Commission in the case of a disagreement as to the rights or obligations of the requesting body under the Agreement.

(c) Upon appeal from a ruling of the Constitutional Court as to whether a proposed Decision [or law] of the Assembly [substantially] affects the vital interest of a national community.

(d) Following the exhaustion of other legal remedies, at the request of any natural or legal person or association on a complaint that any rights granted by this Agreement, including by the provisions of international treaties incorporated herein, have been violated by a public authority.

12. If a court on the territory of the Federal Republic of Yugoslavia considers that a law, on whose validity its ruling in a case before it depends, may be inconsistent with this Agreement, it shall stay the proceedings and seek a ruling from the Special Court as to the compatibility of the law with this Agreement.

13. If the Constitutional Court of the Federal Republic of Yugoslavia considers that a provision of the Federal Republic of Yugoslavia Constitution, on whose validity its ruling in a case before it depends, may be inconsistent with this Agreement, or if the Constitutional Court of the Republic of Serbia considers that a provision of the Constitution of the Republic of Serbia, on whose validity its ruling in the case before it depends, may be inconsistent with this Agreement, it shall stay the proceedings and ask for a ruling by the Special Court.

14. Decisions of the Special Court shall be final and binding, and shall be executed by all public authorities on the territory of the Federal Republic of Yugoslavia.]
 

PART IV.  THE OMBUDSMAN

General

1. There shall be an Ombudsman of Kosovo, who shall monitor the protection of human rights and fundamental freedoms and the protection of the rights of national communities under this Agreement.

(a) The Ombudsman shall be an eminent person of high moral standing who possesses a demonstrated commitment to human rights. He or she shall be appointed for a non-renewable [four] year term. The Ombudsman shall be independently responsible for choosing his or her own staff. He shall have two Deputies, one drawn from each of the two national communities representing the largest percentage of the population of Kosovo.

(b) The first Ombudsman shall be appointed Dy the Federal Republic of Yugoslavia from a list of candidates prepared by [the Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE).] [the President of the European Court of Human Rights.] Federal authorities shall consult with the other parties to this Agreement and the National Communities of Kosovo to guide their selection. The initial appointee may not be a citizen of the Federal Republic of Yugoslavia or of any neighboring state.

(c) Subsequent appointees shall be selected on the basis of consensus between the [President] [Presidency] of Kosovo and the President of the Federal Republic of Yugoslavia, after consultation with the national communities of Kosovo.

2. The Office of the Ombudsman shall be an independent agency of Kosovo. In carrying out its mandate, no person, institution, or entity of. the Parties may interfere with its functions.

3. The salaries and expenses of the Ombudsman and his or her staff shall be determined jointly by the Federal Republic of Yugoslavia and Kosovo. The salaries and expenses shall be fully adequate to implement the Ombudsman's mandate.

4. The Ombudsman and members of his or her staff shall not be held criminally or civilly liable for any acts carried out within the scope of their duties. When the Ombudsman and members of the staff are not citizens of the Federal Republic of Yugoslavia, they and their families shall be accorded the same privileges and immunities as are enjoyed by diplomatic agents and their families under the Vienna Convention on Diplomatic Relations.

Jurisdiction

5. The Ombudsman shall consider:

(a) alleged or apparent violations of human rights and fundamental freedoms in Kosovo, as provided in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, the international agreements listed in Annex 1 of this Agreement, and Article IV of this Agreement, and

(b) alleged or apparent discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status arising in the enjoyment of any of the rights and freedoms provided for in the international agreements listed in Annex 1 of this Agreement, where such violation is alleged or appears to have been committed by the Parties, including by any official, institution, or entity of the Parties, or any individual acting under the authority of such an official, institution, or entity, and

(c) violations of the rights of National Communities specified in this Agreement.

6. All citizens in Kosovo shall have the right to submit complaints to the Ombudsman. The Parties agree not to take any measures to punish persons who intend to submit or who have submitted such allegations, or in any other way to deter the exercise of this right.

Powers and Authority

7. The Ombudsman shall investigate alleged violations falling within the jurisdiction set forth in paragraph five. He may act either on his own initiative or in response to an allegation presented by any Party or person, non-governmental organization, or group of individuals claiming to be the victim of a violation or acting on behalf of alleged victims who are deceased or missing. The work of the Ombudsman shall be free of charge to the person concerned.

8. The Ombudsman shall determine which allegations warrant investigation and in what priority, giving particular priority to allegations of especially severe or systematic violations.

9. The Ombudsman shall have complete, unimpeded, and immediate access to any person, place, or information upon his or her request.

(a) He shall have access to and may examine all official documents, including classified documents, and he can require any person, including officials of Kosovo, the Republics, and the Federal Republic of Yugoslavia to cooperate by providing relevant information, documents, and files.

(b) The Ombudsman may attend administrative hearings, meetings of other Kosovo institutions, and meetings and proceedings of the Republics and the Federal Republic of Yugoslavia in order to gather information.

(c)  He may examine facilities and places where persons deprived of their liberty are detained, work, or are otherwise located.

(d) The Ombudsman and staff shall maintain the confidentiality of all confidential information obtained by them, unless the Ombudsman determines that such information is evidence of a violation of rights falling within his or her jurisdiction, in which case that information may be revealed in public reports or appropriate legal proceedings.

(e) where an official impedes an investigation by refusing to provide necessary information, the Ombudsman shall contact that official's superior or the public prosecutor for appropriate penal action to be taken in accordance with the law. Where the competent authority fails to take action, the Ombudsman may, in substitution for that authority, institute disciplinary proceedings against the official responsible or, where appropriate, before a criminal court.

10. The Ombudsman shall issue findings and conclusions in the form of a published report promptly after concluding an investigation.

(a) A Party, institution, or official in Kosovo identified by the Ombudsman as a violator shall, within a period specified by the Ombudsman, explain in writing how it will comply with any prescriptions the Ombudsman may put forth for remedial measures.
(b) In the event that a person or entity does not comply with the conclusions and recommendations of the Ombudsman, the report shall be forwarded for further action to the Joint Commission set forth in Article VIII of this Agreement, to the Presidency of the appropriate Party, and to any other officials or institution that the Ombudsman deems appropriate.

11. The Ombudsman shall have the right to appear and intervene before any Federal, domestic, or (consistent with the rules of such bodies) international authority upon his or her request [including the Special Court].

(a) The right of intervention shall include the power to appear in support of the application of any person claiming a violation of the rights set forth in paragraph five before any tribunal or proceeding of Kosovo, the Republic, or the Federal Republic of Yugoslavia.

(b) The Ombudsman may support appropriate applications to [the European Court of Human Rights and other] international bodies.

(c) The Ombudsman shall promptly report to the International Criminal Tribunal for the Former Yugoslavia evidence of war crimes, crimes against humanity, and other fundamental violations of international humanitarian law that may fall within the jurisdiction of that tribunal.

PART V: COMMUNES

[Option 1:

1. Kosovo shall have the existing communes.]

[Option 2:

1. 1.Kosovo shall have [ ] communes within the boundaries specified  in Annex 6 of this Agreement.]

[Option 1.

2. Communes may by mutual agreement form self-administering regions comprising multiple communes. These regions shall have the authorities of communes, unless the agreement establishing them expressly determines otherwise.]

[Option 2:

2. Communes may develop relationships among themselves for their mutual benefit.]

3. Each commune shall have an Assembly, a Council, and such executive bodies as the commune 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:

- Law enforcement, as specified in Annex 2 of this Agreement.
- Regulating and, when appropriate, providing child care.
- Establishing and regulating the work of medical institutions and hospitals. Special arrangements will be made for institutions owned by government entities.
- Providing and regulating education, consistent with the rights and duties of national communities.
- Protecting the communal environment.
- Regulating commerce and privately owned stores.
- Regulating hunting and fishing.
- Planning and carrying out public works of communal importance, including roads and water supplies, and participating in the planning and carrying out Kosovo-wide public works projects in coordination with other communes and Kosovo authorities.
- Regulating land use, town planning, building regulations, and housing construction.
- Designing and implementing programs of economic, scientific, technological, demographic, 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 consistent with Annex 2 of this Agreement.
- Financing the work of communal institutions, including raising revenues, taxes, and preparing budgets.

5. Each commune shall conduct its business in public and shall maintain publicly available records of its deliberations and decisions.

6. Members of national communities may avail themselves of Federal institutions and institutions of the Republics, in accordance with the procedures of those institutions and without prejudice to the ability of communes to carry out their responsibilities.

III. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

1. The Parties shall ensure that the highest level of internationally recognized human rights and fundamental freedoms is secured for the people of Kosovo. The Parties shall take every measure to ensure the protection and preservation of these rights.

(a) Applicable rights and freedoms shall include those specified in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, and the other international agreements listed in Annex 1 of this Agreement including, but not limited to, those to which the Federal Republic of Yugoslavia is already a party.

(b) Ail competent authorities shall cooperate with and provide unrestricted access to the supervisory bodies established by any of the international agreements listed in Annex 1 of this Agreement and the International Criminal Tribunal for the Former Yugoslavia.

2. The rights referred to in paragraph 1 shall be directly applicable in Kosovo and in any matter involving a person of Kosovo, and shall take precedence over all other law of the Parties. All Courts, agencies, government institutions, and instrumentalities of the Parties and all of their officials and employees shall conform to these human rights and fundamental freedoms. Applicable rights include:

(a) The right to life.
(b) The right not to be subjected to torture or to inhuman or degrading treatment or punishment.
(c) The right not to be held in slavery or servitude or to perform forced or compulsory labor.
(d) The right to peacefully assemble and freely associate with others.
(e) The right to liberty and security of person.
(f) Freedom of thought, conscience, and religion.
(g) Freedom of expression, and the right to freely receive information and ideas without interference or threats.
(h) The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings.
(i) The right to liberty and security of person.
(j) The right to marry and found a family.
(k) The right to property.
(l) The right to education.
(m) The right to liberty of movement and residence.

3. The rights and freedoms provided for in this Article and detailed in the international agreements listed in Annex 1 shall be enjoyed without discrimination on any ground such as race, color,' language, religion, political or other opinion, national or social origin or membership in a particular national community, property, birth, or other status.

V. RIGHTS AND DUTIES OF MEMBERS OF NATIONAL COMMUNI-TIES

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 so as to endanger the rights of other national communities or the rights of citizens.

[Option 1.

3. Each national community shall select through democratic means, in accordance with procedures it shall decide, institutions to administer its affairs in Kosovo.]

[Option 2:

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 institutions and procedures.]

4. The national communities shall be subject to [Decisions] [laws] of the Assembly of Kosovo, provided that any action 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:
(a) 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 [in addition to signs in Serbian,] consistent with decisions about style made by the communal institutions.
- 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 the Federal Republic of Yugoslavia.
- using and displaying national symbols [as well as the symbols of the Federal Republic of Yugoslavia and Serbia];
- 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 inheritance, family, and matrimonial relations; tutorship; and adoption.
- the preservation of sites of religious, historical, or cultural importance.
- implementing public health and social services.
- operating religious institutions in cooperation with religious authorities.

(b) adopt procedures for dispute resolution, as provided in Article II, Part III(9) of this Agreement;

(c) be guaranteed at least one radio and TV frequency, which it shall administer subject to non-discriminatory, technical standards;

(d) finance activities of the national communities by collecting charges [a National Council] [the national community] decides to levy on members of its own community.

6. Each national community may exercise these additional rights through Federal institutions, or the institutions of the Republics.

7. 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.

VI. REPRESENTATION OF KOSOVO IN FEDERAL INSTITUTIONS

1. The participation of Kosovo in Federal institutions shall be discussed in accordance with Article XI (3).

2. 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 XI(3):

- Kosovo shall be offered at least [thirty] deputies in the House of Citizens of the Federal Assembly.

- Each national community in Kosovo shall be offered at least one place in the Federal Government.

- Each national community in Kosovo shall be offered at least one judge on the Federal Court of the Federal Republic.

- The [President] [Presidency] of Kosovo shall be a full member of the Supreme Defense Council of the Federal Republic of Yugoslavia.
 

VII. FINANCING AND OTHER ECONOMIC ISSUES

Financing

1. The authorities established to levy and collect taxes and other charges are set forth in this Agreement. Except if otherwise expressly provided in this Agreement, those bodies have the right to keep all revenues from their own taxes or other charges.

2. In recognition of the fact that this Agreement confers new responsibilities upon authorities in Kosovo, [Republic and] Federal authorities shall examine how to provide resources necessary for the conduct of the new responsibilities. These resources shall include funds (including tax remission), equipment, and training.

3. The authorities of Kosovo shall have a part of revenue otherwise derived in Kosovo (including duties or fees). Authorities collecting such revenue shall be representative of the population in Kosovo. Federal taxation and revenue collection in Kosovo, and the rules governing any additional contributions to Federal Republic of Yugoslavia institutions from which Kosovo benefits, shall be governed by the terms and conditions specified in Annex 3 of this Agreement.

4. Federal and other authorities shall also facilitate, to the extent of their respective powers, the delivery of resources from international sources to Kosovo.

Other Economic Issues

5. Annex 3 of this Agreement shall specify, in terms consistent with this Agreement, arrangements for the disposition of government owned assets in Kosovo; the resolution of disputes over pension and social insurance contributions; and the resolution of other matters relating to economic relations between the parties.

VIII.    JOINT COMMISSION AND JOINT COUNCIL

Joint Commission

1. A Joint Commission will serve as the central mechanism for monitoring and coordinating the implementation of this Agreement. It will be comprised of Federal [and Republic] representatives, representatives of the national communities in Kosovo, representatives of Kosovo political institutions including the [President] [Presidency] of Kosovo and the Ombudsman, and international representatives (including the Kosovo Verification Mission, the Contact Group, and others as agreed).

[Option 1:

2. The members of the Joint Commission shall select a Chair to organize its work.]

[Option 2:

2. A person of high moral character will be selected to serve as Chair of the Joint commission. The Chair will coordinate the work of the Joint Commission, and shall have other powers and authorities as set forth in this Agreement.

(a) For [ten] years following the entry into force of this Agreement, the Chair shall be a person chosen by the chair in Office of the OSCE after consultation with the Parties. During this initial period the Chair of the Joint Commission shall not be citizen of the Federal Republic of Yugoslavia or a surrounding state. The Chair shall organize the work of the Joint Commission and supervise the overall implementation of this Agreement.

(b)  After the initial period, the Chair shall be selected by consensus between the President of the Federal Republic of Yugoslavia and the [President] [Presidency of Kosovo].

3. The sides shall cooperate completely with the Commission and its Chair. The Joint Commission as a whole and the Chair individually on his or her own initiative shall have safe, complete and unimpeded access to all places, persons and information (including documents and other records) both within Kosovo and, where the Joint Commission and the Chair deem it relevant, within the Federal Republic.

Joint Council

4. The national communities shall establish a Joint Council to coordinate their activities under this Agreement and to provide an informal mechanism for the resolution of disputes. The Joint Council shall consist of one member of each of the national communities. It shall meet no less than once each month. The Joint Council shall encourage the organization of similar mechanisms at the communal level building on the example of local commissions established pursuant to Article IX (5) of this Agreement.

VIII. CONFIDENCE-BUILDING MEASURES

1. Violence in Kosovo shall cease. Alleged violations of the cease-fire shall be reported to international observers and will not be used to justify violence in response. All persons held by the Parties without charge shall be released.

2. [An agreement on the status of security forces in Kosovo, to be added after expert consultations.]

3. [An agreement on the status of police forces in Kosovo, to be added after expert consultations.]

4. Each side will encourage all persons displaced during the conflict to return to their homes as the security situation permits. There will be no impediments to the normal flow of goods into Kosovo. International humanitarian organizations will be freely permitted to provide building materials and other assistance to persons returning to their homes in Kosovo.

5. In each community a local commission, representative of all national communities there, will assist international humanitarian agencies in the delivery and distribution of food, medicine, clothes, construction materials, the restoration of electricity and water supply, and in encouraging returns.

6. International personnel, including the Kosovo Verification Mission and members of non-governmental organizations, shall be allowed unfettered access, at any time, throughout Kosovo. It is expected that international personnel will be present at all times in selected communities.

7. Each side shall respect its obligation to cooperate in the investigation and prosecution of war crimes, crimes against humanity, and other violations of international humanitarian law. In acknowledgement that allegations of atrocities cannot be resolved to the satisfaction of the other, each side will allow complete, unimpeded, and unfettered access to international experts - including forensics experts - authorized to investigate such allegations. Each side will provide fully support and cooperation to the activities of the International Criminal Tribunal for the Former Yugoslavia.

[Option 1:

8. Republic and Federal authorities shall reexamine, for extraordinary mitigation of punishments, all sentences pronounced on members of national communities from Kosovo for acts motivated by political goals.]

[Option 2:

8. There shall be a general amnesty for all persons in Kosovo accused or convicted of committing politically motivated crimes. This amnesty shall not apply to those accused or convicted of committing war crimes, crimes against humanity, or other fundamental violations of international humanitarian law.]
 

X. IMPLEMENTATION PERIOD

1. This Agreement shall be implemented as quickly as possible. The signatories of this Agreement take the obligation to allow, insofar as possible, its adequate implementation even before the adoption and undertaking of all acts and measures fixed in the Agreement.

2. The sides will start without delay on 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 [Basic Law] [Constitution] of Kosovo, political acts and measures, and the election and establishment of institutions and bodies set forth in this Agreement. This Agreement shall take precedence over all existing legal authorities of the parties.

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 [nine] months, there shall be elections in accordance with Annex 4 of this Agreement for all authorities established by this Agreement, according to an electoral list prepared to international standards. The Government of the Federal Republic of Yugoslavia hereby invites the Organization for Security and Cooperation in Europe (OSCE) to supervise those elections to ensure openness and fairness.

5. Under the supervision of the OSCE and with the participation of Kosovo authorities, Federal authorities shall conduct an objective and free census of the population in Kosovo, which shall be carried out when the OSCE determines that conditions allow an accurate census.

(a) The first census shall be limited to name, place of birth, address, gender, age, citizenship, nationality, and religion.

(b) The institutions and authorities of the parties shall provide the institutions of Kosovo with all records necessary to conduct the census, including data about places of residence, citizenship, voters' lists, and other information.

6. The signatories of this Agreement shall provide active support, cooperation, and participation for the successful implementation of the Agreement.

7. Laws and institutions currently in place in Kosovo shall remain until replaced by a decision of a competent body established by this Agreement. The initial elections called for in paragraph four of this Article will be conducted pursuant to the procedures specified in Annex 4.

XI. AMENDMENTS

1. Amendments to the Agreement shall be adopted by signature of all 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.

XII. 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

ANNEXES:

Annex 1: Human Rights and Fundamental Freedoms (Human Rights Agreements)
Annex 2: Police and Security Matters
Annex 3: Financing and Other Economic Issues
Annex 4: Conduct and Supervision of Elections
Annex 5: National Communities
[Annex 6: Communal Boundaries]

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