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Special package: Kosovo Final Status

Main Points of Ahtisaari Plan Revealed

01 February 2007   
BIRN has obtained a key section of UN special envoy Martti Ahtisaari's Kosovo final status proposal, dealing with the political settlement for the entity. The principal elements of this excerpt of the 60-page document, which includes annexes, are as follows:

* Kosovo shall adopt a constitution that shall prescribe the legal and institutional mechanisms for the protection, promotion, and enforcement of human rights of all persons in Kosovo.

* Kosovo shall have the right to negotiate and conclude international agreements, including the right to seek membership of international organisations.

* Kosovo shall have its own, distinct, national symbols, including a flag, seal and anthem, reflecting its multi-ethnic character.

* Kosovo shall have no territorial claims against, and shall seek no union with, any state or part of any state.

* The international community shall supervise, monitor and have all necessary powers to ensure effective and efficient implementation of this settlement.

* Kosovo shall establish a comprehensive and gender-sensitive approach for dealing with its past, which shall include a broad range of transitional justice initiatives.

* Inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of Kosovo shall have specific rights.

* Kosovo and Serbia shall, in accordance with domestic and international norms and standards, take all measures necessary to determine and provide information regarding identities, whereabouts, and fate of missing persons.

* Municipalities in Kosovo shall have the right to inter-municipal and cross-border cooperation on matters of mutual interest in the exercise of their responsibilities.

* New municipal boundaries shall be delineated in accordance with the Attachment to Annex III of this settlement (BIRN has not obtained the annexes).

* The Serbian Orthodox Church in Kosovo, SOC, including its clergy and their affiliates, activities and property shall be afforded additional security and other protections for the full enjoyment of its rights, privileges and immunities, as set forth in Annex V of this settlement.

* Immovable and movable property of the Federal Republic of Yugoslavia or the Republic of Serbia located within the territory of Kosovo at the time of this settlement shall pass to Kosovo.

* Claims regarding private immovable property, including agricultural and commercial property, shall continue to be addressed, where appropriate, by the Kosovo Property Agency, KPA, who shall address property restitution issues, including those related to the SOC, as a matter of priority.

* Kosovo and the Republic of Serbia shall strive to settle directly any claims between them, which are not otherwise addressed by this settlement, by mutual agreement, taking into account relevant international norms and standards.

* Except as otherwise provided in this settlement, Kosovo shall have authority over law enforcement, security, justice, public safety, intelligence, civil emergency response and border control on its territory.

* A new professional and multi-ethnic Kosovo Security Force, KSF, shall be established, and shall develop a lightly armed component capable of specified security functions, in accordance with Annex VIII of this settlement.

* The KPC, having accomplished its goals, including the facilitation of Kosovo's post-conflict recovery, shall be disbanded within one year after the entry into force of this settlement.

* Immediately upon the entry into force of this settlement, the president of Kosovo, in consultation with the presidency of the assembly, shall convene a constitutional commission to draft a constitution, in consultation with the International Civilian Representative, ICR, in accordance with this settlement.

* No later than 9 months from the entry into force of this settlement, Kosovo shall organise general and municipal elections in accordance with the terms of this settlement and the new municipal boundaries, as defined by Annex III of this settlement. The elections shall be certified by a competent international authority as having met international standards.

* An International Steering Group, ISG, comprising key international stakeholders shall appoint an International Civilian Representative, ICR, and will seek UN Security Council endorsement of the appointment. The ICR and the EU Special Representative, EUSR, appointed by the Council of the European Union, shall be the same person.

* As set forth in Annex IX of this settlement, the ICR shall be entrusted to exercise certain powers to ensure and supervise full implementation of this settlement including the power to take measures, as necessary, to prevent and remedy breaches of this settlement.

* The mandate of the ICR shall continue until the ISG determines that Kosovo has implemented the terms of this settlement. The ISG shall provide direction on the ultimate phase-out of the ICR.

* The European Union shall establish a European Security and Defense Policy, ESDP, mission in the field of rule of law.

* The ESDP mission shall assist Kosovo authorities in their progress towards sustainability and accountability and in further developing and strengthening an independent judiciary, police and customs service, ensuring that these institutions are free from political interference and in accordance with internationally recognised standards and European best practices.

* NATO shall establish an International Military Presence, IMP, to support implementation of this settlement, as set forth in Annex XI of this settlement.