KOSOVO AND METOHIJA

UNMIK – FRY Common Document

Belgrade, 5 November, 2001

An UNMIK – FRY Common Document has today been adopted by the Special Representative of the Secretary-General of the United Nations for Kosovo Mr. Hans Haekkerup and the Special Representative of the President of the Federal Republic of Yugoslavia and the Government of the Federal Republic of Yugoslavia and the Government of the Republic of Serbia Mr. Nebojsa Covic, who is also the President of the Coordinating Centre for Kosovo and Metohija, which

– GENERAL –

1. Confirms the basic principles of United Nations Security Council Resolution (UNSCR) 1244 (1999) and the shared belief that the Resolution can only be successfully implemented through the joint efforts of all concerned parties. It is in the interest of all parties to do their utmost to promote the objectives of the Resolution and to consider the concerns of other parties and to strive to resolve them through cooperation.

2. Reaffirms the obligations stipulated in UNSCR 1244 on security and human rights, the return of all displaced persons and refugees as well as the unchallenged authority of UNMIK to implement UNSCR 1244 and confirms that all communities in Kosovo have the same rights and that UNMIK shall support these rights.

3. Affirms our determination to address actively the justified concerns of the Kosovo Serbs and other communities in Kosovo and firmly commits to continue to address these, so that all communities will be able to fully rely on the prerequisites and principles underpinning the international effort in Kosovo. Non-discriminatory treatment for all the citizens represents the basis for a multi-ethnic, multi-religious and multi-cultural Kosovo.

4. Promotes the protection of the rights and interests of Kosovo Serbs and other communities in Kosovo, based on the principles stated in UNSCR 1244, including the sovereignty and the territorial integrity of the Federal Republic of Yugoslavia, as well as in the Constitutional Framework for Provisional Self-government.

5. Reaffirms that the position on Kosovo’s future status remains as stated in UNSCR 1244, and that this cannot be changed by any action taken by the Provisional Institutions of Self-government.

6. Welcomes the recently established cooperation between UNMIK on one side and the Federal Republic of Yugoslavia, through the Coordination Centre for Kosovo, on the other. Affirms the establishment of a high-ranking working group under the authority of the SRSG, which will include representatives of the FRY (President and members of the Coordinating Centre) on one side and UNMIK and, once established, the Provisional Institutions of Self-government on the other side. This group shall provide for a continued and sustainable cooperative approach covering areas of mutual interest and common concern in order to secure a timely and regular consultation and coordination. The high-ranking working group may establish working bodies within specific areas of mutual interest.

7. Reiterates the commitment of solving the fate of the missing persons, and points out that this open wound of all communities can only be healed through cooperation and sharing of information.

8. Honors the indisputable right of displaced persons and refugees to return to their homes and assures that the irreversible process has begun.

9. Warmly welcomes the extensive participation of all communities in the process of registration and supports the aspiration that no one should be denied the benefits of democracy.

10. Stresses that the next stage in the process is to promote the development of democracy, security and prosperity and that the election presents an opportunity for a new democratic start with the establishment of the substantial Self-government and the basis for an open dialogue on a shared regional and European future, which will require cooperation between all communities in Kosovo and between democratically elected leaders in Kosovo, the Republic of Serbia and the Federal Republic of Yugoslavia.

11. Strongly recommends the Kosovo Serbs to actively engage in the future of a multiethnic Kosovo by participating in the 17 November election and the institutions of the Provisional Self-government.

– SPECIFIC AREAS OF ENGAGEMENT AND COMMON INTEREST –

Security, Protection and Freedom of Movement

The ensuring of security for all communities is the key condition for a multiethnic Kosovo. It is necessary to enhance the level of general security and protection of vulnerable persons, settlements, communications and cultural sites and property, and full freedom of movement in Kosovo.

Recognizes the need for enhanced cooperation between UNMIK, the Federal Republic of Yugoslavia, and the Republic of Serbia to increase freedom of movement at administrative boundary crossing points between Kosovo and areas within the Federal Republic of Yugoslavia and agrees to increased operational coordination and security at these locations.

Recognizes UNMIK’s commitment to increase freedom of movement through the issuance of free license plates to Kosovo Serbs, as well as the planned establishment of a train service and transport from Kosovo throughout the FRY.

Missing Persons

Reiterates the commitment of solving the fate of the approximately 4,000 missing persons from all communities, and to that end, UNMIK agrees to, by 31 December 2002, investigate all non-surveyed gravesites in Kosovo and undertake exhumations of all human remains, and to process, through DNA testing and ante- and post-mortem data, 1,250 unidentified human remains held throughout Kosovo with a view to their identification and return to family members.

Recognizes that the exhumation and identification progamme is only part of the activities related to missing persons, thus obliging UNMIK and FRY authorities to cooperate in full transparency and to share all relevant data and information.

This cooperation shall also include work on gravesite locations.

Return of Refugees and Displaced Persons

Honoring the indisputable right of displaced persons and refugees to return to their homes, UNMIK will establish as a priority an Office of Return under the direct supervision of the SRSG, acting as the operative, coordinating body for the furtherance of the process, including by suggesting a new plan for returns covering 2002-2003. In the process all relevant actors shall be represented, including, as appropriate, from the Provisional Institutions of Self-government, IDP and refugee communities as well as host area authorities with a view for appropriate facilitation. The fragile process must be sustainable and considerable measures will be taken to ensure the safety of the returnees. This key issue shall be given priority and the Provisional Institutions of the Self-government are expected to support returns actively.

Reaffirms the right for refugees and internally displaced persons to recover their property and possessions and acknowledges that the restitution of property or compensation is crucial to the return process. Donor support, through established mechanisms, from the international community, and the FRY, is key to the return process.

Property Rights

Fully recognizes the inalienable right to private property as one of the cornerstones of a democratic society and reiterates the firm determination to reinstall property to their legal owners when this is not the case. Recalling the claim process till now, UNMIK undertakes to improve the processing of claims. UNMIK shall identify practical solutions for the implementation of decisions made by the Housing and Property Claims Commission and commits to the opening of offices in Serbia this year and in Montenegro early next year in order to facilitate the filing of claims by internally displaced persons. The claims intake deadline will be prolonged to 1 December 2002.

Protection of Cultural Sites and Property

Confirms the will to apply the relevant provisions of the Hague Convention (1954) regarding the protection of cultural sites and property in Kosovo.

Judiciary

Recognizes that in order to address in an unbiased manner issues related to inter-ethnic criminal activities, there is a need to expand the number of international judges and prosecutors within the Kosovo judiciary. UNMIK will double the numbers of international judges and prosecutors within the next six months, ensure the consideration of their use in serious inter-ethnic criminal cases, and promote active cooperation between the Kosovo judiciary, whether local or international, and the Serbian and Yugoslav judiciary.

Confirms the commitment of UNMIK to the creation of a multi-ethnic judiciary in Kosovo, which shall enjoy the trust of all communities, and, to that end, agrees to the immediate consideration for appointment of Kosovo Serb judges and prosecutors within the Kosovo judiciary and to provide adequate security for the proper discharge of their responsibilities.

Reiterates UNMIK’s commitment to ensure access to the Kosovo courts by the Serb population and, to that end, UNMIK agrees to immediately create and staff a new unit within the UNMIK Department of Justice that will be responsible for furthering efforts in this area by focusing resources and personnel on issues of accessibility to the courts and the employment of Serbs and other non-Albanians within the Kosovo court system.

UNMIK shall endeavor to improve the court system, and Kosovo Serb judges and prosecutors should primarily work in the courts in municipal court districts, where Serbs are a majority and in mixed communities, thus securing that there will be no ethnic bias in the Kosovo judicial system.

Affirms that there is a need to increase the number of Kosovo Serbs employed by the Kosovo Correctional Service, and to that end, UNMIK agrees to the immediate consideration for employment of Kosovo Serb applicants within the Kosovo Correctional Service.

Agrees that a joint working group including participants from UNMIK and the Federal Republic of Yugoslavia will review cases of serious crimes allegedly committed by Kosovo Serbs, in which international judges and prosecutors did not participate, in order to alleviate concerns of ethnic bias.

Confirms that the Kosovo Albanian detainees held within the prisons and detention centers of the Republic of Serbia for offenses that they are alleged to have committed in Kosovo should, after a review of their cases according to international standards, be transferred to Kosovo and the authority of the UNMIK prison system as soon as possible.

Police Cooperation

Recognizes that the fight against crime and criminal organizations is an area of mutual concern, particularly in the areas of trafficking of drugs and women, money laundering and smuggling of weapons and that it must be addressed through an enhanced level of coordination and cooperation, which will include the sharing of information relevant to criminals and criminal organizations and regular monthly meetings of a joint committee between UNMIK, the Federal Republic of Yugoslavia and the Republic of Serbia.

Action against Terrorism

Undertakes, within the framework of police cooperation, to combat terrorism destabilizing regional security and confidence building efforts.

Development of the Kosovo Police Service

Firmly reiterates the commitment to continue to develop and strengthen the Kosovo Police Service so that all communities can confide in a professional, multiethnic and inclusive police force, with the primary objective to serve and protect the rights of all the people of Kosovo, and further commits to prioritise the recruitment of more Kosovo Serbs, especially from the northern part of Kosovo.

Kosovo Serb KPS officers will primarily be working in areas where there is a majority of Serbs and in mixed communities. UNMIK will strive to ensure that the ethnic composition of the KPS shall reflect the ethnic composition of the area in which they work.

Multiethnic Civil Service

Commits to continue to develop a multiethnic and multilingual Civil Service in Kosovo that shall be recruited from all communities in order to reflect the multiethnic character of Kosovo and which will be secured by implementing non-discriminatory personnel policies in all areas and levels. The Civil Service will meet high standards of accessibility, equal treatment and professionalism and UNMIK confirms that the representation of Kosovo Serbs in the Provisional Institutions of Self-government shall be closely proportionate to their representation in the Assembly.

Local Government

Commits to promote increased Kosovo Serb participation in the institutions and administration of Kosovo. UNMIK will also delegate further competencies to the municipal level and thoroughly reassess, and if necessary adjust, the Kosovo Serb representation in each municipality, as well as the operation of local community structures, which shall be closely proportional to their representation in municipal assemblies, in order to promote inclusiveness.

Education

Ensures that the Kosovo Serb community will have access to education in their own language from primary school to university. The educational curricula will make the Kosovo Serb educational structures adequately compatible with the Serbian education system and labour market requirements.

Information and Media

Undertakes to further develop the dissemination of information, including from the FRY, and media targeted at the Kosovo Serb community. This may include the establishment of more independent TV and radio stations.