07 February 2008
Comprehensive Proposal for the Kosovo Status Settlement
Fact sheet outlines key provisions, implementation stages of the settlement
(begin fact sheet)
U.S. Department of State
Bureau of European and Eurasian Affairs
Washington, DC
February 6, 2008
Fact Sheet
The Comprehensive Proposal for the Kosovo Status Settlement
About the Status Settlement
The Kosovo Status Proposal was submitted to the UN Security Council in April 2007 by UN Special Envoy Martti Ahtisaari. The Settlement includes a main text with 14 articles that set forth its general principles, as well as 12 annexes that elaborate upon them.
Key Provisions of the Settlement
• Multi-ethnic democracy – Kosovo’s multi-ethnic society will govern itself democratically with respect for the rule of law, human rights and fundamental freedoms, promoting peace and prosperity for all its inhabitants.
• Constitution – Kosovo will enshrine the above principles in a new constitution. The Settlement also defines other key elements that must be included, such as the required protections and rights of members of all communities as described below.
• International status – Kosovo will have the right to negotiate and conclude international agreements and to seek membership in international organizations.
• Minority rights and participation – A central element of the Settlement is protecting and promoting the rights of all people and communities in Kosovo, including the protection of culture, language, education, and community symbols. The Settlement also provides for the representation of non-Albanians in key public institutions to safeguard their rights and to encourage their active participation in public life.
• Decentralization – The settlement proposes wide-ranging local municipal powers. The Kosovo Serb community will have a high degree of control over its own affairs, to include health care and higher education. Serb-majority communities will have extensive financial autonomy and will be able to accept transparent funding from Serbia and to take part in inter-municipal partnerships and cross-boundary cooperation with Serbian institutions. Six Serb-majority municipalities will be established or greatly expanded: Gracanica, Novo Brdo, Klokott, Ranilug, Partes, and Mitrovica-North.
• Justice system – Kosovo’s justice system will be ethnically integrated, independent, professional, and impartial. The Settlement also mandates the creation of a new Constitutional Court.
• Religious and cultural heritage – The Settlement sets forth provisions to safeguard the Serbian Orthodox Church in Kosovo. Protective Zones will surround more than 40 key religious and cultural sites to preserve their dignity. The Serbian Orthodox Church will be granted property rights, will be exempt from taxes and customs duties, and will be free to maintain links with the Serbian Orthodox Church in Belgrade.
• Refugees – All refugees and internally displaced persons will have the right to return and reclaim their property and personal possessions in accordance with international law. The Settlement calls upon Kosovo and Serbia to cooperate fully with the International Commission of the Red Cross to resolve the fate of missing persons.
• Economic development – The Settlement prescribes procedures to settle property disputes and for continued privatization, both with substantial international involvement. The Settlement also defines ways to determine Kosovo’s share of Serbia’s international debt.
• Security – The Settlement encourages a high level of local involvement in developing a professional, multi-ethnic security sector, under democratic control and international oversight.
-- The Kosovo Police Force will have a unified chain of command throughout Kosovo, with police reflecting the ethnic composition of the municipalities in which they serve.
-- The Kosovo Security Force (KSF), a professional multi-ethnic force, will be established. It will have a maximum of 2,500 active members and 800 reserve members. The current Kosovo Protection Corps (KPC) will be disbanded within one year of the establishment of the KSF.
• International presence – Kosovo will have continued international supervision and support, with three main components:
-- An International Civilian Representative (ICR) – The ICR will supervise implementation of the settlement and have ultimate authority over its interpretation. This individual will serve in a dual role as ICR and European Union Special Representative. The ICR will have authority to annul decisions or laws and to sanction or remove public officials whose actions are determined by the ICR to be inconsistent with the letter or spirit of the Settlement. The ICR will be the final authority in Kosovo regarding the civilian aspects of the Settlement.
-- A European Security and Defence Policy (ESDP) Mission will monitor, mentor and advise on all areas related to the rule of law. It will assist Kosovo in developing efficient, fair and representative police, judicial, customs, and penal institutions.
-- A NATO-led International Military Presence will provide a safe and secure environment throughout Kosovo, in conjunction with the ICR and in support of Kosovo’s institutions until those institutions are capable of assuming their full security responsibilities.
• OSCE – The 56-nation Organization for Security and Cooperation in Europe is requested to monitor implementation of the Settlement.
Implementation Stages of the Settlement
Once the Settlement enters into force, there will be a 120-day transition period. During this period:
• The mandate of UNMIK (UN Mission In Kosovo) will remain unchanged.
• The ICR will advise UNMIK if actions need to be taken to ensure compliance with the Settlement during the transition phase.
• The Kosovo Assembly, in consultation with the ICR, will approve a new constitution and legislation necessary to implement the Settlement.
At the end of the 120-day transition period:
• The new constitution will become effective.
• UNMIK’s mandate will expire.
• Kosovo authorities will assume UNMIK’s legislative and executive authorities.
Within nine months of the date the Settlement enters into force, Kosovo will hold general and municipal elections.
(end fact sheet)
(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
