Kosovo and Metohi j a Status Negotiation

Kosovo and Metohija Status Negotiation

Statement by Dušan Proroković, State Secretary

Resolution 1244Resolution 1244

Adopted by the Security Council Adopted by the Security Council at itsat its 4011th meeting,4011th meeting, o on 10 n 10

June 1999June 1999

Article 10Article 10

Authorizes the Secretary-General, with the Authorizes the Secretary-General, with the assistance of relevant international organizations, assistance of relevant international organizations, to establish an international civil presence in to establish an international civil presence in Kosovo in order to provide an interim Kosovo in order to provide an interim administration for administration for Kosovo under which Kosovo under which the people of Kosovo can enjoy the people of Kosovo can enjoy substantial autonomy within the substantial autonomy within the Federal Republic of YugoslaviaFederal Republic of Yugoslavia,, and and which will provide transitional administration which will provide transitional administration while establishing and overseeing the while establishing and overseeing the development of provisional democratic self-development of provisional democratic self-governing institutions to ensure conditions for a governing institutions to ensure conditions for a peaceful and normal life for all inhabitants of peaceful and normal life for all inhabitants of Kosovo;Kosovo;

Number of IDP: 250 000

Serbs in Kosovo and Metohia1999 2004

All Serbian proposals for All Serbian proposals for substantial autonomy were substantial autonomy were refused by Albanian side, refused by Albanian side,

since 2005 since 2005

Serbian proposalSerbian proposal

To ensure a true autonomy of Kosovo To ensure a true autonomy of Kosovo and Metohija within Serbia, with a and Metohija within Serbia, with a partial right of Kosovo and Metohija partial right of Kosovo and Metohija to international representation. to international representation.


The reserved jurisdiction of Serbia would The reserved jurisdiction of Serbia would include:include:

1. 1. ForeignForeign affairsaffairs 2. 2. BorderBorder controlcontrol 3. Protection of Serbian religious and cultural 3. Protection of Serbian religious and cultural

heritageheritage 4. Defense; defense would be a reserved 4. Defense; defense would be a reserved

jurisdiction of Serbia not applied on the jurisdiction of Serbia not applied on the territory of Kosovo and Metohija. Kosovo and territory of Kosovo and Metohija. Kosovo and Metohija would be a demilitarized territory Metohija would be a demilitarized territory where international military forces would where international military forces would engage in security provision activities under UN engage in security provision activities under UN control. control.


The cooperation policy between The cooperation policy between central authorities in Belgrade and central authorities in Belgrade and provincial institutions in Pristina provincial institutions in Pristina would have to exist in the following would have to exist in the following areas:areas:

1. 1. MonetaryMonetary policypolicy 2. 2. Customs policyCustoms policy


The exclusive scope of competences of provincial The exclusive scope of competences of provincial institutions of Kosovo and Metohija would institutions of Kosovo and Metohija would include:include:

1. Budget and economic policy1. Budget and economic policy 2. 2. AgricultureAgriculture 3. 3. MediaMedia 4. 4. EducationEducation 5. 5. EnvironmentalEnvironmental protectionprotection 6. 6. YouthYouth andand sportsport 7. 7. FiscalFiscal policypolicy andand taxtax collectioncollection 8. 8. InternalInternal affairsaffairs 9. 9. HealthHealth 10. 10. EnergyEnergy sectorsector 11. 11. InfrastructureInfrastructure 12. 12. EmploymentEmployment

Kosovo and Metohija Parliament would have a Kosovo and Metohija Parliament would have a legislative authority in all areas of exclusive scope legislative authority in all areas of exclusive scope of competences of Kosovo and Metohija.of competences of Kosovo and Metohija.

The Kosovo and Metohija Government would The Kosovo and Metohija Government would independently enforce laws passed by the Kosovo independently enforce laws passed by the Kosovo and Metohija Parliament, without any interference and Metohija Parliament, without any interference on behalf of Belgrade.on behalf of Belgrade.

Kosovo and Metohija would have an independent, Kosovo and Metohija would have an independent, fully integral judiciary system in charge of cases in fully integral judiciary system in charge of cases in exclusive scope of competences of Kosovo and exclusive scope of competences of Kosovo and Metohija and in other cases as defined by the Metohija and in other cases as defined by the agreement. During the transition period and due to agreement. During the transition period and due to the deplorable situation Kosovo and Metohija the deplorable situation Kosovo and Metohija judiciary is in, an EU monitoring mechanism would judiciary is in, an EU monitoring mechanism would be put in place, together with international judges. be put in place, together with international judges.


Serbian proposalSerbian proposal Serbia is an internationally recognized entitySerbia is an internationally recognized entity -Kosovo and Metohija is entitled to have negotiations with other -Kosovo and Metohija is entitled to have negotiations with other

countries and international organizations in those areas pertaining countries and international organizations in those areas pertaining to exclusive scope of competences of Kosovo and Metohija. Serbia to exclusive scope of competences of Kosovo and Metohija. Serbia only formally signs agreements signed by Kosovo and Metohija. only formally signs agreements signed by Kosovo and Metohija.

- In those areas pertaining to reserved jurisdiction of Serbia, the - In those areas pertaining to reserved jurisdiction of Serbia, the Kosovo and Metohija representatives would be involved in Kosovo and Metohija representatives would be involved in negotiations and agreement preparations to be signed by Serbia.negotiations and agreement preparations to be signed by Serbia.

-Kosovo and Metohija would be entitled to establish trading and -Kosovo and Metohija would be entitled to establish trading and industry representative offices in other countries.industry representative offices in other countries.

-Kosovo and Metohija could be a member of regional initiatives -Kosovo and Metohija could be a member of regional initiatives and international organizations which provide such options for and international organizations which provide such options for non-sovereign members, primarily international financial non-sovereign members, primarily international financial institutionsinstitutions

-Serbia would offer diplomatic and consular protection to all -Serbia would offer diplomatic and consular protection to all citizens, while the Office for Consular Affairs of Kosovo and citizens, while the Office for Consular Affairs of Kosovo and Metohija would be established within Serbia’s diplomatic and Metohija would be established within Serbia’s diplomatic and consular offices.consular offices.

-Foreign countries would be allowed to establish their diplomatic -Foreign countries would be allowed to establish their diplomatic and consular offices in Priština all the way to the level of the and consular offices in Priština all the way to the level of the Consulate General. Consulate General.

Comparative Overview of the Cases Comparative Overview of the Cases of Hong Kong, Åland Islands, and of Hong Kong, Åland Islands, and the Serbian Status Proposal for the Serbian Status Proposal for

Kosovo and MetohijaKosovo and Metohija

Hong Kong Åland Islands Kosovo and Metohija

Basic features of the Cases

In 1997 returned to China’s sovereignty – after 155 years of British colonial ruleEthnic majority – Chinese (95%)HK Basic Law stemming out from the 1984 Sino-British Joint Declaration

After Russo-Swedish War (1808-1809) Russia gains Finland and ÅIEthnic majority – Swedish (95%)In 1917 Finland independentAfter 1917, 96,2% of adult population signed the petition for unification with SwedenIn 1921 the League of Nations decides that ÅI remains within the sovereignty of Finland, with a high degree of autonomyCurrent constitutional-legal framework: Act on the Autonomy of Åland in accordance with Article 120 of the Constitution of Finland

Since June 1999 (8 years) under UN administrationEthnic majority – Albanian (81%)Current constitutional-legal framework: UN SC Res 1244, Constitution of Serbia, and Constitutional Framework for Provisional Self-Government in KosovoProposal: internationally guaranteed status agreement on KM, new UN SC Res, Constitution of Serbia, and Constitution of KM; 20-years timeframe

Constitutional-Legal Definition of Territory

Upholding national unity and territorial integrity and taking account of the history of HK and its realities, the PRC has decided to establish, in accordance with the provisions of Article 31 of the Constitution of the PRC, a HK Special Administrative Region upon resuming the exercise of sovereignty over HK. (Sino-British Joint Declaration, Article 3.1)The HK Special Administrative Region will be directly under the authority of the Central People’s Government of the PRC. The HK Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People’s Government. (Sino-British Joint Declaration, Article 3.2)

The sovereignty of the ÅI is recognised to belong to Finland. (Decision of the Council of the League of Nations on the ÅI, Article 1)The territory of Finland is indivisible. The national borders can not be altered without the consent of the Parliament. (Constitution of Finland, Section 4)•Åland comprises the territory it has at the time of the entry into force of this Act and the territorial waters directly adjacent to its land territory according to the enactments in force on the limits of the territorial waters of Finland.If the jurisdiction and sovereignty of the State are extended beyond the limits of the territorial waters the jurisdiction and sovereignty of Åland may be likewise extended, as agreed by the State and Åland. (Act on the Autonomy of Åland, Section 2)

[…] the Province of Kosovo and Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign political relations […] (Constitution of Serbia, Preamble) In the Republic of Serbia, there are the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija. The substantial autonomy of the Autonomous province of Kosovo and Metohija shall be regulated by the special law which shall be adopted in accordance with the proceedings envisaged for amending the Constitution. (Constitution of Serbia, Article 182.2)

Documents

Kosovo and Metohi j a Status Negotiation