The author is the Deputy Director of the Centre of International Studies in the University of Cambridge, a member of the Faculty of Law in the University of Cambridge, a Fellow of Hughes Hall, a Fellow of the Lauterpacht Research Centre for International Law in the University of Cambridge and the Director of Studies in Law at Darwin College, Cambridge. He is the co-editor of “The ‘Yugoslav’ Crisis in International Law: General Issues” (Cambridge University Press 1997) and he has given legal advice to various governments and entities in the region, including the elected government of the Republic of Kosova. This informal draft does not represent the views of any government of institution.

For the convenience of the reader, a copy of the Hill proposal which is analyzed here has been appended.

OPINION

This Opinion considers some of the implications of the Draft Proposal for a Settlement for Kosova prepared by Ambassador Hill and his team. It is based on an undated text, apparently of September 1998, furnished by the Government of the Republic of Kosova, and a Law Enforcement and Security Annex, dated 1 October 1998, also furnished by that source. Undoubtedly, an opportunity may arise at a subsequent stage to address some of the individual sub-issues addressed in the proposal, say police-powers, education, etc. This Opinion merely seeks to identify some of the fundamental implications of the draft.

The Opinion was written on 14 October 1998, at a time of considerable uncertainty as to the content of the agreement apparently obtained by Richard Holbrooke from the FRY in relation to the cessation of hostilities and other matters. It appears that the Government of the Republic of Kosova was not consulted about the terms of the agreement, and its actual text was unavailable at the time of writing.

Apparently, the FRY has promised to withdraw its heavy forces and special police forces from Kosova. It is not clear whether such forces which were deployed in Kosova before March 1998 will also need to be withdrawn, or whether they will be returned to barracks within Kosova. In addition, repressive measures are to cease, and there is to be access by international humanitarian agencies. The return of the displaced and of refugees is to be facilitated. The arrangement is to be monitored by a 2000 strong unarmed verification contingent operating under OSCE auspices, which will also involve itself in electoral monitoring. There has also been concluded a more formal agreement to permit the overflight of unarmed NATO monitoring planes.

Essentially, the Holbrooke agreement is intended to address the desperate humanitarian situation in Kosova, brought about the indiscriminate use of force by the FRY/Serbia in Kosova. In helping to resolve the humanitarian emergency, or rather in now administering it internationally, the pressure of forcible NATO action upon Belgrade is considerably reduced, provided FRY/Serb forces are withdrawn as promised. In other words, the more the international presence on the ground is strengthened, the less credible the threat of forcible international action to enforce the terms of the Holbrooke agreement, and other demands of the UN Security Council, will become. The NATO ‘extraction’ force that is envisages will probably only become active if the FRY/Serbia, or others, militarily engage the international monitors and the humanitarian operatives.

The Holbrooke arrangement, however flawed, and the international deployments in Kosova connected with it, represent a qualitatively new involvement by the international community in this crisis. The states involved will now perceive it as a matter of their own national interest to obtain a longer-term solution. Having already made astonishing concessions to Belgrade, it will be the Government of the Republic of Kosova against which most of the pressure to obtain a settlement will be directed. One may assume that the international negotiating team will seek to base negotiations about a longer-term settlement on the Hill proposal, and that much of the pressure exerted on the Government of the Republic of Kosova will be directed towards securing its assent to an arrangement based upon this particular draft. It remains, therefore, necessary, to develop a view on the key aspects of the proposal.

To this end, this Opinion will consider:

The Background to the Hill Proposal

II.The Legal Nature of the Proposed Agreement

III.The Legal Status Envisaged for Kosova

IV.The Basic Division of Authority that is Being Proposed

V.The Broader Implications of the Proposal

In summary, this Opinion concludes:

  1. The Hill proposal was adopted within the framework of the attempt by the international community to address the issue of Kosova as one of autonomy and to reject any claims for independence. It must be realized that this basic approach obviously determines the flavour of the agreement throughout.
  2. The agreement exhibits some features of an international agreement (a treaty), but its status is in fact far from clear, and probably left deliberately ambiguous. This ambiguity is dangerous for Kosova, as the implementation of the agreement appears to be envisaged at the level of FRY law, rather than international law.
  3. The agreement provides for limited legal personality for Kosova and actively denies its claim to statehood. The agreement does not constitute an interim arrangement towards statehood (as opposed to the case of Chechnya), but instead freezes the envisaged subordinate position of Kosova indefinitely.
  4. Due to a complex and complicated division of powers among several organs, Kosova is reduced to a position of authority that is considerably less developed than was the case under the 1974 constitution. Most importantly, the legal personality of Kosova as an overall entity is reduced to a vanishing point. A claim to self-determination in the future is precluded by the fractionating of authority and its distribution to various layers of competence.
  5. At a local level, very significant authority for self-governance is attributed to communes or municipalities, subject to certain important safeguards relating to the treatment of local minority populations. In practical terms, this is intended to balance the lack of legal personality and significant authority of Kosova as a whole over its own affairs throughout its territory. However, this practical autonomy at a sub-regional level is interfered with by involving Serbs and possibly others as a national group which is given (a) several layers of independent authority and (b) important veto rights over all aspects of decision-making in Kovova.
  6. Generally, this agreement is heavily dominated by considerations of achieving a solution that is acceptable to the FRY/Serbia–even to the point of abandoning the international demand that at least the autonomy status of the 1974 constitution must be restored. Such a proposed solution sacrifices the legitimate aspirations of the people of Kosova to the perceived need of appeasing Belgrade. With the conclusion of the initial deal with Milosevic of 12/13 October, the representatives of Kosova will come under even heavier pressure to accept this sacrifice.
  7. Conclusion: While the Republic of Kosova should not in principle oppose negotiations towards an interim arrangement, such an arrangement must not be concluded along the lines proposed by Ambassador Hill. Even to start negotiations on the basis of this proposal will inevitably yield an unacceptable result which prejudices Kovoa’s position irreparably, for now and in the future.

I. Background to the Hill Proposal

Under the 1974 Constitution of the Socialist Federal Republic of Yugoslavia, Kosova enjoyed a federal status as an autonomous province, although it was also described as a constituent part of Serbia. The constitution confirms expressly that the people of Kosova possess ‘sovereign rights’ within the autonomous province. Serbia’s unilateral attempt to abrogate its sovereign rights and to submerge Kosova’s separate legal personality within Serbia were unlawful under SFRY constitutional law and are a legal nullity. Many international organs have demanded that the status quo that obtained in 1974 must, at a minimum, be restored.

The Republic of Kosova has argued that with the dissolution of the Socialist Federal Republic of Yugoslavia, all Federal units, including Kosova, were entitled to opt for independent statehood. Faced with increased repression from Belgrade, Kosova adopted a new constitution in 1990 and, in 1991, held a referendum endorsing independence by an overwhelming majority, which was then declared.

In May 1992, elections were held, which brought to power the government headed by President Rugova. These elections were recently repeated, again endorsing the legitimacy of President Rugova and his government. This government has administered Kosova effectively, through a parallel structure of authority since the declaration of independence. However, the Republic of Kosova has failed to attract international recognition and all international efforts to address this crisis have focused on restoring autonomy, or on creating some other form of internal self-administration for Kosova.

The formal international involvement with the Kosova issue commenced with the London peace conference on the former Yugoslavia, held in September 1992. While the Kovoa delegation was heard at the conference, it was not allowed fully to participate. Its claim to a legal status equivalent to the former Yugoslav Federal Republics was thus not accepted. Instead, the issue of Kosova was to be addressed through a Special Group in the follow-on negotiations of the Peace Conference held in Geneva. These talks never produced significant results. The only outcome, an agreement on the restoration of the educational system in Kosova, remained unimplemented.

Despite the continued suppression of the population of Kosova, the peaceful attitude of its elected government was not rewarded by the international community. The FRY was not even constrained to reinstate the OSCE long-term monitoring mission which Belgrade had unilaterally terminated.

The United Nations Security Council actually abandoned its earlier acceptance that an overall resolution to the Yugoslav crisis would also require a resolution of the issue of Kosova when the Dayton accords were signed in December 1995. No provision was made for Kosova. Instead sanctions against the Federal Republic of Yugoslavia were lifted, removing any international leverage to obtain a solution to the Kosova issue.

There was little movement in the following years, which were marked by ever increasing repression by the Serb authorities in Kosova. However, when tension erupted early in 1998, the United Nations Security Council adopted Resolution 1160.

This resolution was adopted formally under Chapter VII of the United Nations Charter, confirming that the situation in Kosova amounts to a threat to international peace and security. Henceforth, Belgrade would be unable to argue that the matter was entirely its internal affair–a fact which would not be overcome by the so-called referendum rejecting international mediation that was organized by the Belgrade regime.

The resolution expressly confirmed the sovereignty and territorial integrity of the Federal Republic of Yugoslavia, and indicated that “a solution to the Kosovo problem should be based on the territorial integrity of the Federal Republic of Yugoslavia and should be in accordance with OSCE standards”. The Council also expressed its “support for an enhanced status for Kosovo which would include a substantially greater degree of autonomy and meaningful self-administration”.

It should be noted that the resolution does not even foresee a restoration of Kosova’s significant autonomy enjoyed under the 1974 constitution, but merely an enhanced status; enhanced apparently in relation to its present position under purported Serbian/FRY constitutional law, rather than in relation to its previous lawful status. In this way, the resolution is less friendly to Kosova’s aspirations than the pronouncements of the UN General Assembly, the UN Commission on Human Rights, and the various European security and human rights bodies.

The resolution imposed a Chapter VII arms embargo on the region and demanded a cessation of violence, a withdrawal of military or special police forces, the commencement of dialogue and humanitarian and OSCE access, etc.

The Contact Group, in its Rome statement of 29 April proposed a “stabilization package” as an initial step towards dialogue between the parties. It stated again that its members are “firmly opposed to Kosovo independence and to a continuation of the unacceptable status quo”.

Despite early threats made by NATO members against the FRY, military repression by its armed forces was allowed to increase significantly in the wake of the Security Council resolution. It has been alleged that the Western strategy was to permit the FRY to destroy the KLA, which had launched limited offensive operations since early in the year. Once that was achieved, it was argued, the political leadership of the Republic of Kosova would be more amenable to a political solution short of independence.

After the FRY had achieved some military successes, at great human cost to the civilian population of Kosova, the Contact Group, in its Bonn Statement of 8 July 1998, agreed to “set in hand work to define possible further elements for the future status of Kosovo, which would be made available to the authorities in Belgrade and the leadership of the Kosovo Albanian community for a dialogue with international involvement.” The Contact Group also declared once more that a possible solution would be neither on the “basis of the status quo in Kosovo nor the Kosova Albanian’s claim for independence”.

In the light of the grave humanitarian crisis which had resulted from the unfettered use of force by the FRY, NATO reminded itself of its earlier threats against Serbia. The United Nations Security Council also adopted a further Chapter VII resolution.

Security Council Resolution 1199 (1998) “demands” (i.e., legally requires) “rapid progress to a clear time-table” with the aim of agreeing confidence-building measures and finding a political solution to the problems of Kosovo. The resolution also “calls upon” (i.e., recommends) “authorities in the Federal Republic of Yugoslavia and the Kosovo Albaian leadership to enter immediately into a meaningful dialogue without preconditions and with international involvement”.

However, while apparently rejecting pre-conditions for dialogue, the Council, in a preambular paragraph of the resolution, once more confirms the commitment of all UN member states to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia. Again, it supports “an enhanced status for Kosovo, a substantially greater degree of autonomy, and meaningful self-administration”.

The Council threatened to adopt additional measures to maintain or restore peace and stability in the region should its demands not be implemented. NATO asserted that force could be used to implement the demands of the United Nations Security Council and to that end issued a military activation order early on 13 October 1998.

Conclusion: It is important to note that the Hill proposal originates from the context of United Nations and Contact Group demands which are hostile to the position of Kosova. Its terms obviously reflect the fact that the Security Council and the Contact Group have thus far refused to countenance the possibility of independence for Kosova. In fact, as opposed to other international bodies, these organs have not even demanded the full restoration of the status of Kosova in accordance with the 1974 constitution. This background colours the draft agreement in all its aspects.

The Legal Nature of the Proposed Agreement

The proposed text does not have a title or designation at present. However, throughout the text, reference is made to “the Agreement”. Its legal status is subject to some uncertainty. In particular, it is not clear whether this is an international treaty.

Whether or not this is a treaty matters for a number of reasons. First of all, the legal form of the agreement will in itself affect the legal status of one of its parties (Kosova), inasmuch as generally only states or state-like entities can conclude treaties.

Secondly, the binding character of the agreement depends on the legal plane on which it operates. That is to say, if it is a treaty, it is governed by international law and violations of its terms trigger international consequences. If it is an agreement subject only or principally to FRY law, then the interpretation and application of its terms may well be dominated by the organs of the FRY and by the overall constitutional system of the FRY and Serbia.

Thirdly, the implementation mechanisms and their effectiveness depend on the legal form that is being adopted. If the agreement is a treaty, then its entry into force constitutes a direct legal basis for the international implementation of its terms. That is to say, the FRY, which, after all, continues to be regarded to be the sovereign over Kosova in the agreement (see below), must accept the presence and involvement of international actors (OSCE electoral mission, the international civilian police mission, etc.) by virtue of the agreement itself.

If, on the other hand, this is an ‘internal’ agreement, this presence may require a further act of consent by the FRY authorities. Belgrade could continue to extract concessions from the international actors before international deployments can take place, and obtain further restrictions to their mandate, and even greater control over their activities, in the international legal agreement that would need to be concluded before deployment.

A treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

Throughout, the agreement is phrased in the manner of an international treaty. Its structure, language and form at least would give this impression. Similarly, some of the concluding and final provisions might support the view that this is in fact a treaty. For example, there is an indication of authoritative languages in paragraph IX.1. Paragraph IX.2 ,which provides for the “entry into force” of the agreement, also mirrors language generally used in the context of treaties. However, that provision deliberately avoids a reference to the need for ‘ratification’ and instead uses the phrase “internal process of each side”. This construction supports the view that deliberate ambiguity about the legal status of the agreement is intended.

As opposed to other recent settlements (say, Dayton), the agreement is not signed by a number of states. Instead, provision is made only for signature by the FRY, the subordinate Republic of Serbia and Kosova. According to the agreement, the latter is legally entitled to enter into treaties (see below), but its status is definitely not that of a state in the terms of the agreement. There is no reference to registration of the agreement with the United Nations Secretariat. There is no provision for co-signature of the agreement by international guarantors. There is no reference to indicate that ‘the interpretation and application of this agreement shall be governed by principles of international law’.

Instead of such features which would characterize an international treaty, provision is made for internal procedures at FRY, Kosova and local level of resolving disputes about the authoritiative interpretation and application of the agreement.

Implementation of the agreement is to be achieved through the legal procedures of the respective entities, including “for the Republic of Serbia and the Federal Republic of Yugoslavia their respective legal systems”. Hence, implementation will remain subject to debates and decisions in the respective Federal and Serb Republic Parliament, where Kosova has elected not to be represented. It is very doubtful that a transformation of the terms of the agreement into FRY and Serb constitutional law and ordinary legislation will result in an accurate reflection of the agreed text.

The agreement does attempt to overcome one of the effects of the deliberate ambiguity of its designation by including provisions by which the FRY/Serbia declare to consent to the presence of OSCE election monitors and the Civilian Police Mission. If the undertaking is not a treaty, then these provisions would record unilateral declarations by the FRY/Serbia expressing their consent. Hence, the contact group/NATO would have achieved a legally binding commitment on the international plane, within the context of the agreement which appears to operate principally at the internal level.

It may well be that NATO might claim some sort of authority to assist in enforcing the terms of the Hill agreement, once it has been concluded, even if it does not amount to an actual treaty in formal terms. However, such a threat would really only come into operation if there is a very fundamental challenge to the terms of the agreement, and would not protect the Republic of Kosova from the gradual encroachment of its terms by the FRY/Serb authorities.

Overall, therefore, it appears that the status of the agreement has been left deliberately ambiguous, probably in order to avoid a contentious point between the parties which might make a solution impossible. The net result of this approach is, however, that the agreement would be consumated and administered principally within the overall legal order of the FRY/Serbia. The vindication of whatever rights might appertain to the Republic of Kosova under the agreement would depend upon the international involvement provided for by the agreement itself (which is extraordinarily limited) and the uncertain willingness of the contact group and others to apply political pressure on the FRY as time progresses.

This basic approach of submerging the agreement in the FRY internal legal order cannot be acceptable to the Republic of Kosova. Instead, it must seek a settlement which is unambiguously concluded on the plane of international law, which is interpreted and applied in accordance with international legal principles and which can be enforced with strong international involvement.

The Legal Status Envisaged for Kosova

1. Relevance of the question

The legal status for Kosova that is envisaged is a very complicated one and it is an implied one. That is to say, the actual status of Kosova is not expressly addressed in the document. This is highly unusual for any constitutional settlement of this kind

While Kosova might be contented with a solution which does not definitely address its status as this stage, no solution must be adopted which prejudices its legal personality. For, it is the matter of legal personality which lies at the very heart of this conflict.

The struggle of the past 10 years or so has been precisely about one single question: which legal order applies to the territory of Kosova. Serbia argues that Kosova is an inherent part of its territory and therefore principally subject to its legal order. Hence, it has primary powers to regulate everything that happens within Kosova. The FRY authorities, being largely identical to those of Serbia, support this view, and add further claims to authority based on the functions of the Federation (defence, customs, etc.). Finally, Kosova maintains that only its organs, based on the exercise of the will of the people, can exercise supreme public authority in all its guises (legislative, executive, adjudicative) within the territory of Kosova.

International practice provides for many models of resolving claims to the exercise of supreme authority. However, the status for Kosova implied in the agreement does not fall within the traditionally accepted categories (province, federal republic, confederate component state, associated state, independent state).

Obviously, the drafters of the proposal have refrained from attaching any of these established labels to Kosova as an entity. Doing so would mean making a pronouncement that would be unacceptable to one of the two principal parties.

It is of course in principle not necessary at this stage definitely to affix a particular legal label to Kosova (say, to open the agreement with the statement “The Republic of Kosova is an independent State”). Kosova has indicated that it would be willing to settle for an interim agreement, which would leave the final issue of its status open. That is to say, Kosova would not be required to abandon its view that it is already a state, or at least a self-determination entity entitled to actualize its claim to independence. But Kosova would in turn not require an express confirmation of its view as to its status in the agreement. Similarly, Belgrade would not insist on a statement that Kosova is and will remain part of the FRY/Serbia. There would then follow a provision which would indicate that the issue of the status of Kosova will be addressed at the termination of an interim period of, say, three years.

Such interim solutions are being adopted in various other places of the world. In particular, in the case of Chechnya, the agreement confirms that that entity is entitled to self-determination, but then leaves the actual full implementation of her rights to a future date. Instead, certain practical steps are agreed which can be taken without prejudicing Chechnya’s rights. This kind of solution would be acceptable to Kosova.

As was noted above, the draft agreement does not expressly address the status of Kosova. Similarly, the draft agreement helpfully does not expressly state that Kosova is or remains a constituent part of Serbia. But unfortunately, this useful restraint does not indicate that the agreement confirms for Kosova the possibility of statehood after the expiry of an interim period. Instead, the agreement, if not expressly then implicitly, confirms that Kosova will retain a subordinated status effectively forever.

2.Under the Agreement Kosova remains part of the FRY and Serbia

The fact that Kosova remains a part of the FRY and Serbia is made evident in Section IV, part 3 of the Agreement, on the issue of “Representation of Kosovo in Federal and Republic Bodies”. It is left up to Kosova to nominate representatives in the Federal Assembly of the FRY and in the National Assembly of Serbia, or not to nominate representatives. But the fact that the FRY and Serbia must “offer” such representation indicates that Kosova remains subject to FRY and Serbian Federal and Republic authority.

This is of course also borne out by the fact that the agreement assigns powers to the FRY organs in relation to Kosova (see below), and the fact that the Federal and perhaps Serb levels of government may be required or requested to contribute financially to the administration of Kosova. Similarly, the Supreme Courts of the FRY and Serbia retain jurisdiction over Kosova, that is to say, Kosova remains ultimately subordinated to the legal order of both Serbia and the FRY.

The agreement does indicate that the authority of the Federal and Republic organs shall not intervene in the work of the organs of Kosova. However, as will be noted in the next section, the powrs of the organs of Kosova itself are very limited. Instead, the agreement assigns to the Federal layer the powers which typically characterize a state, such as the administration of customs, general economic policy, defence, etc.

3.Kosova is not endowed with significant legal personality

It has already been noted that the agreement does not confer upon Kosova any sort of express legal status. However, it does not even assign to Kosova an implied legal status which would come close to her existing rights and aspirations. Instead, great care is taken to dilute legal personality within Kosova in a way which will make it impossible to claim independence in future.

Instead of endowing Kosova with express legal personality of its own, the agreement assigns principal authority of governance to the communes (Paragraph II.3). The authority and legal personality of Kosova as a whole is further diluted by the invention of the “national communities” as units which exercise significant authority and which enjoy legal personality, and by various other innovative and parallel constructions, which will be addressed in the next section of this Opinion.

The torturous nature of this construction is confirmed by a provision which permits the communes to establish procedures for cooperation and, as it were, joint governance. This once more exhibits the extraordinary energy invested by the drafters of the text to allow the people of Kosova some sort of self-governance at a local level, without at the same time granting to Kosova a significant status as a collective entity. Otherwise one would have naturally presumed that the collective identity of the communes is, in fact, nothing other than the legal personality of Kosova as a whole, whose functions and powers are exercised by the organs of Kosova. But no such corporate personality for Kosova is established or envisaged in the text—instead, there is a fractionating of legal personality.

The granting of foreign affairs powers to Kosova does not reverse this result. It appears that this power has to be exercised within the framework of the competences assigned by the agreement, and competence over foreign affairs and defence is in fact assigned to the Federal authorities. More specifically, the agreement actually subordinates the exercise of Kosova foreign affairs powers to “the Constitution of the Federal Republic of Yugoslavia”.

4.No status as a self-determination entity

At present, Kosova’s claim to statehood is based on its former status as an entity of Federal status and the fact that the Federation dissolved in 1991. Hence, like the other republics, Kosova was free to obtain statehood without the consent of central authorities which no longer existed.

In addition to this claim to self-determination based on its former constitutional rights within the SFRY, Kosova might claim a broader right to self-determination based in international law, arguing that it is not adequately represented within the FRY and Serbia and that, given recent experiences of Serb atrocities in Bosnia, Croatia and Kosova, it cannot be expected to subordinate itself to such a political structure. Instead, the population as a whole has made clearly manifest its fundamental dissociation from the FRY/Serb regime, through the referendum on independence. A reintegration of Kosova into the FRY/Serbia would be fundamentally inconsistent with the legal principle that the basis of the authority to govern must be the will of the people. While this claim is not likely to be internationally accepted, it should not be given up.

Finally, Kosova might argue that it is an entity which fulfils the criteria of statehood at an objective level, whatever its status in relation to the principle of self-determination may be. That is to say, it has a defined territory, a defined population and a government capable of entering into international relations. Hence, it is objectively a state, whether or not it has attracted international recognition.

The draft agreement deliberately sets out to frustrate all future possible legal arguments in support of an independent Kosova. It goes through great length to deny the existence of Kosova as an entity possessing legal personality (above).

Under the agreement Kosova is not even an autonomous territory whose constitutional status is firmly anchored in a Federal constitution. It therefore loses any future claim to statehood based on the SFRY precedent. Instead, authority is divided amongst the various layers of public powers established in the agreement. The principal location of authority to govern in sub-regional communes is very unusual in this context, and reflects the desire to disaggregate the legal personality of Kosova as far as possible.

The introduction of national communities as legal subjects in this context is similarly unhelpful and positively intended to fractionate the legal personality of Kosova still further.

The principal unit of governance being the communes, and not Kosova as a whole, the agreement also divests Kosova of a broader self-determination argument that might be made on its behalf. Again, while such an argument may not at present promise instant success, it would be foolish to preclude its deployment in the future. Moreover, whatever its legal persuasiveness at present, this argument is capable of generating support at a political level.

Finally, the actual transfer of most aspects of effective administration from the Kosova authorities to the communes, to national councils and various other bodies within Kosova and also at the level of the Federation, removes the possibility of arguing that Kosova is objectively a state or state-like entity, whatever the persuasiveness of its claims in relation to the doctrine of self-determination.

This unsatisfactory position is to be preserved over time. It is true that the agreement is to be subjected to a comprehensive assessment after the expiry of a period of three years. But the aim of the assessment appears to be principally to improve the implementation of the agreement, rather than its fundamental revision.

There can also be “proposals by either side for additional steps”, according to the agreement. However, the procedure for amendment of the agreement subjects any change of the status of Kosova, even after the expiry of the three year period that is envisaged, to the “mutual agreement” of the parties. Hence, this is not an interim arrangement which offers a definite perspective of an increased status for Kosova. Instead, it freezes the terms of the agreement and makes any change dependent on positive agreement both by the Federal authorities and by Serbia.

Overall Assessment: While the agreement does not directly address the status of Kosova, it actually deliberately sets out to deny Kosova any sort of significant legal personality as an overall entity. This construction reflects a desire to make clear that Kosova is not a self-determination entity which might be entitled to secession. This approach is fundamentally incompatible with the present position adopted by the Republic of Kosova, and it reduces the legal status of Kosova to a level that is even less than that of the 1974 status of an autonomous province. This would deny Kosova a claim to self-determination in the future and must be strongly resisted.

The Basic Division of Authority

It has already been noted that the legal status of Kosova is severely limited, if not entirely submerged, in the agreement, due to the provisions on the division of authority among Federal, Kosova, Communal and ‘National’ authorities.

In centralized states, a constitutional arrangement would provide that authority is exercised by the central authorities in all matters other than those specifically assigned by the constitution to subordinate units. In de-centralized states, the federal units are assigned principal authority by the constitution and the central authorities can only exercise those functions expressly assigned to them by the constitution. In the agreement, an odd mixture has been adopted, which is consistent with the attempt to remove all significant legal personality from the Republic of Kosova as an entity of its own. This is achieved in a very complex, and at times contradictory way.

A reference in the opening paragraph of the text states that “Nothing in this Agreement shall be interpreted as authority for Federal and Republic organs to intervene in the work of the organs of Kosovo. The areas of competence of the respective organs shall be defined in this Agreement.” This sounds like an important safeguard clause, which would indicate that the source of the authority to govern is in fact principally located in Kosova, i.e., that this is not a centralized arrangement. But this result is undermined by the lack of effective means of resolving clashes of jurisdiction and by the fact that within Kosova itself, the Kosova authorities are not in fact endowed with original, or principal authority.

1.The Assembly

The authority of Kosova as an entity is not described, other than through the assignment of extraordinarily limited powers to its organs, especially the Assembly. Section IV, Part I, paragraph 2 (b) of the agreement really only grants to Kosova the powers necessary to form its Assembly and government. While it indicates that the Assembly can enact decisions of Kosova on political, economic, social and cultural areas, such decision-making authority is very much limited by the assignment of considerable authority to federal bodies, national communities and communes.

Instead of locating principal responsibility for these matters in the Assembly and permitting it to decide on these issues as matters of national policy of Kosova as a whole, paragraph 2 (b) appears to reduce the Kosova Assembly to a role of co-ordinating the decisions of the communes and national communities in relation to inter-communal issues.

The Assembly itself is constructed to over-represent the non-Albanian (essentially Serb) population. The number of directly elected members is balanced by a guaranteed representation of representatives of the national communities. It is not known how many such national communities there would be, in addition to the Serb group.

The national communities can dominate the decision-making in the Assembly by virtue of a double-veto. That is to say, they can obstruct decisions which they assert to be of vital interest to their respective national community. Whether or not a matter is of vital interest to them is apparently determined by a subjective test based on their own assessment. The word ‘assert’ indicates further that such a view cannot be challenged, as the matter need not be objectively of vital interest to them. It is sufficient simply to make such an assertion.

Hence, the double veto consists of the fact that each national community can determine in the first place which decisions are of vital interest to itself, and it can then veto the decision. Effectively, this means that no decision can be taken to which any minority does not assent.

While it is proposed that there should be a mechanism to settle disputes about the application of this procedure, it is noteworthy that the agreement does not impose such a procedure. Instead, it is ‘to be agreed’. that is to say, the minorities, especially the Serbs, effectively have a third veto, inasmuch as their agreement is required in relation to the dispute settlement procedure.

The Presidency of the Assembly is to be arranged according to a principle of rotation among the national communities. Hence, depending on the number of groups to be recognized as national communities, the Presidency will generally not be held by an ethnic Albanian. In fact, as most likely the Chairman will be an Albanian, the agreement would provide that the President of the Assembly will never be an Albanian, because he or she may not be from the same national community as the Chairman.

Oddly, the Chairman of the Assembly has assigned to him or herself executive powers. He or she represents “all persons in Kosovo” (and not “Kosova” as an entity) before international, Federal or Republic bodies. As the Chairman is directly elected, he or she is in reality a President or Prime Minister, although with another designation, with very limited powers, and subject to very direct control by the Assembly, which in turn is controlled by the national groups.

The assignment of foreign affairs powers, including the right to be represented in international bodies and the right to conduct foreign relations and conclude agreements, to the Chairman is of course an important and substantive concession to Kosova. However, he or she exercises these powers with the approval of the Assembly, which, untypically, must be granted even before signature (rather than ratification) of agreements. Hence, the national communities, through their veto in the Assembly, can effectively frustrate the exercise of this power.

Moreover, it was already noted that foreign affairs powers may only be exercised in a way consistent with the FRY constitution. Hence, there may not exist significant powers of international action.

Finally, one may note that the powers of the national communities are also protected, and the authority of Kosova organs is correspondingly limited, by a catch all clause in paragraph III.4. This clause aims to limit the exercise of official functions by any organ of Kosova in relation to all matters described in section III of the agreement relating to national communities. The authority of national communities is fairly broadly, and most importantly, not exclusively, defined (i.e., there is no definite list of matters to be addressed, but merely a listing of illustrative examples to which others may be added).

2.The Government

Unusually, the government is to be headed by the Chairman of the Assembly. He or she is directly elected. The government is to exercise executive authority. However, its areas of authority are not specified, but appear to be limited to implementing decision of the Assembly. In fact, they are severely restricted, due to the assignment of powers to the other layers of administration (Federal, Serb, National Communities, Communes).

As the authority of the government is restricted to the implementation of decisions of the Assembly, and as the decision-making of the Assembly can be dominated or frustrated by very small minorities, it appears to have hardly any powers. In fairness, it has to be added, however, that the Security Annex appears to assume that the government will exercise a number of powers which are not firmly established in the main body of the agreement.

It has already been noted that the Head of the Government exercises foreign affairs powers, but in his or her role as Chairman of the Assembly. Hence, the exercise of this power is also directly controlled by the Assembly, and subject to the exercise of the Serb national community veto.

Very detailed provisions relating to the Ministry of the Interior of Kosova are included in the Law Enforcement and Security Annex. Most importantly, it is established that the Deputy Minister of the Interior must be a Serb. At a minimum, the Deputy Minister must be consulted by the Minister on “all significant matters”.

There also exists a Security Commission with competence throughout Kosova, along with communal security commissions. Again, there is provision for Serb representation on the Commission, and also for representation by the Federal Police and the Border Police. In addition, a Joint Coordination Committee is envisaged, with representation from the FRY, Serbia, Montenegro, Kosova and (initially) the International Civilian Police Mission.

3.The National Communities and the National Council

The agreement introduces the concept of national communities. It establishes an anti-democratic structure for the governance of the Republic of Kosova, by creating organs of equal representation for the very small minority populations (some 6 per cent Serbs, and it is unknown what other really very small nationalities will qualify as a national community with a right to be represented separately). These organs of representation can frustrate Kosova-wide governance, and they provide for a parallel structure of administration across Kosova, reaching even into the authority of the communes which are supposedly the principal governmental units.

All nationalities are entitled to establish a National Council “to administer the affairs of the community” in Kosova (paragraph III.3). While national communities are subject to decisions of the Assembly of Kosova, the authority of the Assembly is very limited (see above). Instead, a further layer of authority is introduced which detracts from the exercise of authority by the organs of Kosova. In essence, this provides for parallel administration for very small segments of the population, which is likely to disrupt the already limited powers of Kosova as a whole.

Significant authority is exercised by the National Council, including, for example, in matters concerning education. There may even exist quite wide authority of legislation, say in relation to family law, etc. Importantly, the national communities may levy taxes.

The power of the national communities will also reach into and interfere with the authority of the communes. It is of course necessary to protect members of local minorities living in communes dominated by another ethnic group. However, this would normally be done through the exercise of human and minority rights and by ensuring that minority populations are represented at commune level. Indeed, this is done by the agreement, but then there is added the additional, and highly unusual creation of the concept of national communities.

Finally, the national communities also participate in the governance of Serbia and the FRY. Hence, the representation of Kosova in these organs is diluted by a parallel representation of the national communities. As it is unlikely that Kosova would avail itself of its right to be represented in these bodies, the only voice of Kosova in federal and Serb organs is likely to be that of the Serb national communities, and possibly other national communities.

4.The Council of the Protection of Members of National Communities

The agreement provides for the establishment of such a Council to monitor the additional rights of the national communities. It does not specify the powers of intervention of this Council. It may even be the case that this Council is to be established at Republic (Seriba) or at Federal Level?

5.The Ombudsman

The Ombudsman has a ‘monitoring’ role, especially in regard to the rights of the national communities, and can intervene before all layers of authority. The actual powers of the Ombudsman remain entirely unspecific. It is unclear how he or she can intervene, say on behalf of the Serb national community, and what effects his or her intervention will have.

6.The Communes

“The basic unit of government will be the communes. All responsibilities not expressly assigned elsewhere by this agreement will be the responsibility of the communes”. This provision in paragraph II.3 of the agreement seeks to satisfy the demand of the people of Kosova for self-governance, without establishing Kosova as the principal unit of such self-governance. In addition, it probably seeks to ensure control by Serb authorities in certain areas where there is a local majority of Serbs.

The agreement claims that communes, rather than Kosova as a whole, exercise “exclusive responsibility for carrying out typical functions of local and regional government” (IV. Part II paragraph 4). There then follows a (non-exclusive) list of functions which are, in fact, not typically functions of local authorites, but which would ordinarily appertain to the regional or national, i.e.., Kosova government (such as law enforcement, regulation of child care, environmental protection, etc).

While this provision is very strong in terms of excluding the exercise of Federal or Serb authority in areas other than those assigned to Federal or Serb organs by the agreement, the exclusion of Kosova as the principal unit of governance must be unacceptable to the Republic of Kosova. The consequences of this fact are not really ameliorated by the fact that communes can join together to form self-administering units. Rather, the formation of such units and of a structure necessary to administer the formation of their joint policies will generate a further layer of authority, detracting from the powers of the organs of Kosova as a whole.

The communes (not Kosova) also exercise very significant powers over the police forces and their officers have the principal power of arrest and detention in the territory of Kosova. However, the Federal Police and other federal officers can, in fact, also conduct arrests under some circumstances.

7.Courts

Provision is made for common and supreme courts in Kosova over “constitutional, civil and criminal matters”. These Courts are established by the Assembly. Hence, their jurisdiction and composition is once again dependent on the veto-power that is available in the Assembly. Judges are nominated by the communes and must represent the ethnic composition of Kosova.

As there are also judicial functions to be exercised at the levels of communes, as there are even dispute settlement mechanisms within the national communities, and as there remains involvement by Serb Republic and Federal Courts, there is a great deal of overlap of competences, which is not addressed in the agreement. There is no mention of the supremacy of the competence of the Kosova courts over other bodies which might compete for jurisdiction.

8.Republic Authorities

The fact that Kosova would again be part of Serbian administration is borne out by the fact that Kosova is to be represented in Republic bodies by the Assembly Chairman, and by delegates from Kosova, including representatives of the national communities. Interestingly, the agreement does not specify the authority (if any) to be exercised by the Republic of Serbia. While this may mean that Serbia has no authority in relation to Kosova, this is unlikely to be implemented by the Serb parliament and executive, unless it is specified in the agreement. (The Annex does indicate that there shall be no Serb police patrols without the consent of the Kosova authorities, and there is no power of arrest and detention for Republic police in Kosova).

On the other hand, Serbia is requested to consider remitting tax revenues to Kosova, indicating a continued link of some sort.

Very importantly, Kosova is entitled to nominate at least one judge on the Supreme Court of Serbia. That is to say, Kosova would be subject to the legal order of Serbia and to the rulings of the Supreme Court of Serbia.

9.The Federal Authorities.

The agreement assigns powers to the Federal organs in relation to the protection of the territorial integrity of the FRY, maintaining a common market within the FRY, monetary policy, possibly immigration, defence and foreign policy, customs, etc. These powers are potentially wider than the powers enjoyed by the Federation under the 1974 constitution. .

Once again, the subordination of Kosova to the FRY is confirmed by the fact that its Supreme Court will have Kosova representation on it, and will, thus, also exercise powers in relation to Kosova.

Moreover, according the the annex, there are to be established Federal Courts and even Federal Prisons in Kosova.

The Annex also regulates the exercise of Federal functions in Kosova, relating, inter alia, to the border police and other matters. Provision is made for the use of FRY special police forces, although their numbers and authority are circumscribed.

The Federal Army retains the right to be stationed in Kosova, although it is to patrol only a zone within 10 km of its international border. In the case of serious civil disorder or other emergency, the VJ may patrol beyond these limits, but subject to a request by the Kosova Ministry of the interior.

10.International Involvement

The agreement contains an oblique reference to an implementation commission. The powers of such a commission, and in particular the extent of international involvement in it, are left open.

Provision is made for international involvement of policing, although much emphasis is placed on training and advise. However, members of the mission have freedom of movement, access to detainees, etc.

In a very odd paragraph, the agreement promises direct access of the people of Kosova to the European Court of Human Rights. How this may occur in the absence of being party to the European Convention on Human Rights or, indeed, having membership in the Council of Europe, remains mysterious.

Of course, further arrangements for implementation, following on from the Holbrooke agreement of 12/13 October 1998 cannot be excluded. But importantly, such international involvement would not be part of the actual agreement. Instead, it would constitute an extraneous addition, with which the FRY might dispense, much as it dispensed with the presence of the OSCE long-term monitoring mission.

Conclusion and Overall Assessment

The Holbrooke agreement of 13 October has set the stage for increased pressure which will be brought to bear on the Government of the Republic of Kosova to consent to a definite political settlement. However, the Hill proposal must not be taken as the basis for negotiations about a settlement, as it is fundamentally incompatible with the aims of the Government of the Republic of Kosova.

The Hill framework:

    • Denies Kosova’s present claim to independence;
    • Precludes a development of the status of Kosova towards independence for the future;
    • Reduces the Republic of Kosova to a legal position which is even worse that the 1974 autonomy status;
    • Creates structures of authority within Kosova which will permit the Serb minority, and possibly other minorities, to frustrate any meaningful self-administration;
    • Does not provide for significant international guarantees even of the limited provisions for self-government which are proposed.

ANNEX: Downloaded Version of the Hill Proposal

INTRODUCTION

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

2. Nothing in this Agreement shall be interpreted as authority or Federal and Republic organs to intervene in the work of the organs of Kosovo. The areas of competence of the respective organs shall be defined in this Agreement.

3. The organs 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 organs of authority.

5. Every person in Kosovo shall have the right to apply to international institutions, including the European Court of 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 including for the Republic of Serbia and the Federal Republic of Yugoslavia their respective legal systems, and international standards, including the Helsinki Final Act.

II. RIGHTS AND DUTIES OF CITIZENS IN KOSOVO

1. Kosovo shall retain its current boundaries.

2. Persons in Kosovo shall concern themselves democratically through legislative, executive, and judicial organs established in this Agreement. The rights and duties of citizens in Kosovo will include the right to democratic-government and to participate in free and fair elections.

3. The basic unit of government will be the communes. All responsibilities not expressly assigned elsewhere by this Agreement will be the responsibility of the communes.

4. The Federal authorities will have responsibility in Kosovo for territorial integrity, maintaining a common market within the Federal Republic of Yugoslavia, monetary policy, defense, foreign policy consistent with the Constitution of the Federal Republic of Yugoslavia, customs services, and other functions specified in the Agreement.

5. The organs of Kosovo shall not interfere in the additional rights described in Part 3 of this Agreement.

III. RIGHTS OF NATIONAL COMMUNITIES

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

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 organs and procedures.

4. The national communities shall be subject to decisions of the Assembly of Kosovo, provided that any decisions 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:

(i) 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, consistent with decisions about style made by the communal organs. 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 of the Federal Republic of Yugoslavia. using and displaying national symbols. 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 heritage, family, and matrimonial relations; tutorship and adoption. the preservation of sites or religious, historical, or cultural importance. implementing public health and social services. operating religious institutions in cooperation with religious authorities.

(ii) adopt procedures for dispute resolution, as provided in Article V(1)(b) of this Agreement;

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

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

6. 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.

IV. THE ORGANS OF KOSOVO

PART I: GENERAL

1. The organs of Kosovo are the Assembly, the Chairman, the Government, the Administrative Organs, and the Ombudsman.

The Assembly

2. The Assembly.

(a) (i) The Assembly shall comprise ( )Members, of which ( ) Members shall be directly elected in accordance with Article VII(4). (ii) The remaining ) Members shall be allocated among the national communities with at least )% of the population, each of which shall elect Members democratically according to its own procedure.

(b) The Assembly shall he responsible for enacting all decisions of Kosovo, including those regulating relations in political, economic, social, and cultural areas consistent with this Agreement. Its areas of responsibility include:

The adoption of the organic documents of Kosovo;

The adoption of regulations on the organization and procedures of the organs of Kosovo;

The adoption of budgets and annual accounts of the Organs of the Government;

Cooperation with Federal and Republic authorities;

Ensuring freedom of movement;

Financing activities of the Organs of the Provisional Government;

Coordination among communes or national communities when necessary, including the enactment of laws or decisions necessary and property for inter-communal issues; and

Confirmation of the members of the Governing Board and judges of the courts.

(c) Decisions of the Assembly shall be taken by majority of those present and voting, except as provided in paragraph(d).

(d) When a majority of the Members of a national community covered by paragraph (a)(ii) assert that a proposed decision affects the vital interests of their national community, that decision shall require for approval a majority that includes the majority of the Members present and voting from the affected national community. If a majority of Members from the asserting community is not present and voting, the regular voting rule shall apply.

(e) A procedure for resolving disputes over the sue of the procedure established in paragraph (d) will be agreed.

(f) A majority of Members present shall constitute a quorum.

(g) The Assembly will decide its own rules of procedure and select its officers. Each national community covered by paragraph (a)(ii) shall be represented in the leadership. The Presidency of the Assembly shall rotate each term of office among those national communities in alphabetical order but may not be from the same national community as the Chairman.

The Chairman

3. There shall be a Chairman, who shall be directly elected.

(a) The Chairman shall be responsible for:

Chairing meetings of the Government-

Representing all persons in Kosovo before any international Federal, or

Republic body, with the President of the Assembly when required by this Agreement.

Meeting regularly with the National Councils and with other representatives of the national communities and other persons.

Conducting foreign relations consistent with the Constitution of the Federal Republic of Yugoslavia.

Signing agreements on behalf of Kosovo after they are approved by the Assembly.

Serving on the Joint Implementation Commission established by this Agreement. Meeting regularly with the president of the Federal Republic of Yugoslavia, the President of Montenegro, and the President of Serbia to discuss issues of mutual concern.

Government

4. Executive power shall be exercised by the Government.

(a) The Government shall comprise ( ) Members, including at less one person from each national community.

(b) The Government shall be responsible for implementing and enforcing decisions of the Assembly and, when devolved to their competences, of other governmental organs.

(c) Decisions of the Government shall require a majority of members present and voting. The Government shall otherwise decide its own rules of procedure.

Ombudsman

6. (a) There shall be an Ombudsman of Kosovo, who shall monitor the implementation of this Agreement, particularly with regard to the rights of the national communities.

(b) The selection, term, and termination of the Ombudsman shall be set forth in the Agreement.

(a) The Ombudsman shall have complete, unimpeded and immediate access to any person, place, or information upon his or her request. He or she shall have the right to intervene before any Federal or other domestic authority upon his or her request.

PART 11: THE COMMUNES

1. Kosovo shall have ( ) communes, with boundaries determined by

2. Communes may by mutual agreement form self-administering regions comprising multiple communes.

3. Each commune shall have a Council and such executive bodies as each Council 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 carrying out typical function of local and regional government, including:

Providing law enforcement, including criminal investigations, prosecution, and punishment.

Regulating and, when appropriate, providing childcare. Establishing and regulating the work of medical institutions and hospitals.

Special arrangements will be made for institutions owned by government entities.

Protecting the environment.

Regulating commerce and privately owned stores.

Regulating hunting and fishing.

Planning and carrying out public works of communal or Kosovo-wide territorial importance, including roads and water supplies.

Regulating land use, town planning, building regulations and housing construction.

Designing and implementing programs of economic, scientific, technological, demographic, regional 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.

Financing the work of communal organs, including raising revenues, taxes, and preparing budgets.

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

Part 3. Representation of Kosovo in Federal and Republic Bodies.

(a) The participation of Kosovo in Federal institutions shall be discussed, in particular to obtain appropriate representation in Federal organs responsible for developing and implementing defense and economic policies and to take into account developments in Yugoslavia since 1991.

(b) 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 VIII(3):

Kosovo shall be offered at least (ten) deputies in the House of Citizens of the Federal Assembly and (twenty) deputies in the National Assembly of the Republic of Serbia.

Each national community in Kosovo shall be offered at least one place in the Federal Government and in the Government of the Republic of Serbia.

Each national community in Kosovo shall be offered at least one judge on the Federal Court of the Federal Republic and three judges on the Supreme Court of Serbia.

(c) In order to monitor the protection of additional rights of the national communities, a Council for the protection of members of the national communities shall be established.

V RESOLVING CONFLICTS AND MAINTAINING PUBLIC ORDER

(1) Dispute Resolution.

(a) Courts in Kosovo.

The Assembly shall establish common and supreme courts for Kosovo with jurisdiction over constitutional, civil, and criminal matters. Appeals from these courts?

(b) National Communities

Each 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. 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.

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.

(2) Police.

(a) Police shall be sworn to uphold the law impartially, fairly, and with equal treatment for all persons.

(b) All police operating in Kosovo must be trained to internationally accepted standards for police operations, in particular with regard to human rights.

PARAGRAPHS(c)AND(d) TO BE DEVELOPED FURTHER

(c) Each commune shall establish local police, which shall have membership representative of the commune. Police (such as customs police) from other governmental levels shall recruit members of national communities so that the composition of such police forces in Kosovo will be representative of the population there.

(d) The local police shall he exclusively responsible for maintaining public order and peace. Federal and Republic police shall not carry out this responsibility. Federal and Republic authorities, in accordance with their respective responsibilities, shall retain responsibility for external security, border police, and the investigation of international and extra-Kosovo crime.

(e) Each commune shall establish commission to review and make recommendations on all matters concerning the police, including in particular complaints about violations of human rights. Every national community in the commune will have the right to participate on the commission. These commissions shall have the complete cooperation of both sides and unimpeded access to any person, place, document, and information it requests.

VI. FINANCING

1. The bodies established in Sections II-IV shall have the right to keep all revenues from their own taxes or other charges. They shall also have a part of revenue otherwise derived in Kosovo (including duties or fees). The organs of Kosovo shall participate in the collection of customs and other duties within Kosovo according to procedures to be agreed.

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

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

VII IMPLEMENTAION PERIOD

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

2. The sides will start without delay an 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 organic document of Kosovo, political acts and measures, and the elections of establishment of institutions and bodies established by this Agreement.

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 ( ) months, there will be elections for all bodies established by this Agreement. The Government of the FRY hereby invites the Organization for Security and Cooperation in Rome (OSCE) to conduct those elections.

5. Under international supervision, an objective and free census of the population in Kosovo shall be carried out when the international supervisor determines that conditions allow an accurate census.

6. All relevant governmental institutions shall provide the organs of Kosovo with all necessary records about the places of residence, citizenship, voters’ lists, and other data.

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

8. Laws and institutions currently in place in Kosovo shall remain until replaced by a decision of a competent body established by this Agreement.

VIII AMENDMENTS

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

IX 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

1O/l/98

LAW ENFORCEMENT AND SECURITY ANNEX

I. GENERAL PRINCIPLES

1. The Parties agree to cooperate on law enforcement matters of mutual interest consistent with the procedures outlined below.

2. All Kosovo, Republic and Federal law enforcement and military authorities shall be obligated, in their respective areas of authority, to ensure freedom of Movement and safe passage for all persons, vehicles and goods.

3. In exercising authorities under this annex, all law enforcement and military components shall observe internationally recognized standards of human rights, due-process and fundamental fairness.

4. Police forces at the communal and municipal levels under the supervision of civilian authorities will have primary responsibility for maintaining public order and security in Kosovo.

5. All law enforcement bodies operating in Kosovo will be representative of the population.

6. An international civilian police mission will be undertaken in the territory of Kosovo to monitor the enforcement of this agreement and guide the implementation of the agreement. The Parties agree to cooperate fully with the international civilian police mission.

II. THE MINISTRY OF INTERIOR

A. Leadership

The Ministry of Interior will be headed by a Minister of Interior and a Deputy Minister of Interior. In every possible circumstance, decisions will be taken jointly by the Minister of Interior and the Deputy Minister of Interior. At a minimum, the Minister will inform, and consult with, the Deputy Minister on all significant matters.

Minister of Interior.

The Minister will be of Kosovar Albanian ethnicity.

2.Deputy Minister of Interior.

The Deputy Minister will be of Serb ethnicity and will be a permanent resident of Kosovo. He or she will be appointed and removed by the Kosovo authorities in consultation with the Kosovo Security Commission. The Deputy Minister will serve as the deputy principal officer for law enforcement and the administration of justice in Kosovo and will support the Minister in the management of all law enforcement personnel reporting to the Ministry.

1. Chief of Staff for Communal Police Issues:

The Chief of Staff, and his or her deputy, will coordinate police issues and provide guidance to communal commanders.

The Chief of Staff will be of Kosovar Albanian ethnicity, appointed by the Minister of Interior, with concurrence of the Deputy Minister of Interior, following consultations with the Kosovo Security Commission. He or she will report to the Minister and Deputy Minister of Interior.

3. Deputy Chief of Staff for Communal Police Issues:

The Deputy will assist the Chief of Staff in all functions.

The Deputy Chief of Staff will be of Serb ethnicity, appointed by the Minister of Interior, with concurrence of the Deputy Minister of the Interior, following consultations with the Kosovo Security Commission. He or she will report to the Minister and Deputy Minister of Interior.

B. Structure.

A Ministry of Interior building will be established in Pristina. All headquarters offices of the Ministry of Interior will be located within this building.

C. Authorities

The Ministry of Interior will have responsibility for all law enforcement matters in Kosovo.

Consistent with international standards of democratic policing and human rights and the rule of law and subject to the exceptions noted in this Annex, the Ministry will have the authority to: initiate and implement, through its law enforcement bodies, the full range of law enforcement operations; order the arrest and/or detention of individuals for suspected criminal activity; establish administrative and personnel procedures necessary to carry out its tasks; and employ and remove personnel.

D. Financing

The Ministry of Interior, including salaries for all personnel serving directly in the Ministry or in its component law enforcement bodies, will be financed by Kosovo.

III. LAW ENFORCEMENT STRUCTURES

The following law enforcement structures, all reporting to the Ministry of Interior, shall be established to provide for civilian security within Kosovo:

A. Kosovo Communal Police Units

1. Duties and Functions- There shall be established communal police units in Kosovo, organized and stationed at the communal and municipal levels, which will have primary responsibility for the protection of life and property in Kosovo.

The specific responsibilities of the communal police will include:

a. Police patrols and crime prevention

b. Criminal investigations

c. Arrest and detention of criminal suspects

d. Crowd control

e. Traffic control

2. Structure and Composition

a. Size. The total number of communal police operating within Kosovo shall not exceed 2,500 active duty law enforcement officers (exclusive of administrative officers).

b. Civilian Staff. Communal police units will be coordinated by a civilian staff located at the Ministry of Interior.

2. Communal/Municipal Level: Communal police operations will be undertaken by personnel assigned at the communal level and, within communes, at the municipal station level. Force size for each commune will be determined on the basis of the size and population of the commune. The ethnic balance of a communal police unit will be representative of the ethnic balance of the commune in which it operates.

a. Personnel:

i) Communal Commander; Each commune will have a police commander to manage day-to-day operations and personnel issues within the commune. The commander will be appointed on the recommendation of the commune government (following consultation with the Communal Security Commission) by the MOI Chief of Staff, with the concurrence of the Deputy Chief of Staff. The Chief of Staff must appoint the communal government’s nominee absent a showing of good cause for not doing so. The Chief of Staff will have authority to remove communal commanders.

ii) Deputy Communal Commander: Each commune will have a deputy police commander to assist the communal commander in all his/her duties. The deputy commander will be appointed by the Chief of Staff, with the concurrence of the Deputy Chief of Staff, on the recommendation of the commune government (following consultation with the Communal Security Commission). The Chief of Staff must appoint the communal government’s nominee absent a showing of good cause for not doing so. The Chief of Staff will have authority to remove the deputy communal commander. The deputy communal commander must be a member of the largest minority ethnic group where that ethnic group comprises at least 10% of the commune’s population.

iii) Municipal Station Chiefs: The communal commander, with the concurrence of the deputy commander and in consultation with the Communal Security Commission, will appoint, and have removal authority over, municipal station chiefs who will oversee operations at each municipal police station. The municipal station chiefs will report directly to the communal commander and his/her deputy.

b. Municipal Stations: The communal government, with the concurrence of the communal police commander, shall establish such municipal police stations in the commune as it deems necessary to prevent, detect and investigate criminal activity and maintain public order. These stations will be manned by communal police assigned to the commune.

4. Salaries: Salaries for all police personnel, regardless of where they are assigned, will be paid by the Kosovo Ministry of Interior.

5. Recruitment Communal police recruitment will be conducted primarily at the communal level. Each commune government, in consultation with the communal security commission and the communal police commander and deputy commander will nominate officer candidates. Appointments to the academy basic recruit course will be made by the academy director and deputy director, with the concurrence of the MOI Chief of Staff and Deputy Chief of Staff. While participating in the basic recruit course, police candidates will receive meals, lodging and a modest stipend from the Ministry of Interior. Offers of employment will be made by the Chief of Staff, with the concurrence of the academy director and deputy director, only after the candidate has successfully completed the academy basic recruit course. New police officers will be assigned by the Ministry of Interior to the commune from which they were nominated. For as long as the international civilian police mission is present, recruitment, selection and training will be provided by and/or in cooperation with the international civilian police mission with the assistance of international bilateral donors.

6. Equipment

All police officers, with the exception of crowd control units, will wear a standard solid dark blue uniform, the precise design of which will be developed by the Ministry of Interior and agreed to by the Minister and Deputy Minister of interior. Such uniform will include a badge, picture identification, and nametag. Aside from insignias noting officer rank, the only patches or insignias which may be worn on the uniform are a “Communal Police” patch, and a patch which notes the name of the officer’s assigned commune. If an officer is assigned to a specialized unit such as a crowd control or traffic control unit, the name of the unit also may be noted on the uniform. Police officers will be equipped with a sidearm, handcuffs and a baton. Each commune may keep, either at the communal headquarters or at municipal stations, no more than 20 long-barreled weapons without special permission from the Chief or Deputy Chief of Staff (and international civilian police mission as long as it is present). Long-barreled weapons may be carried or used only with the permission of the communal police commander (and the international civilian police mission for as long as it is present). When not in use, all weapons will be securely stored and each commune will keep a registry of all weapons assigned to it. Crowd control units will receive equipment appropriate to their task, including batons, helmets and shields.

7. Use of Force

Police personnel are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior’s Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

B. The VIP Protection Unit

1. Duties and Functions. This unit will provide personal protection for senior government officials and visiting dignitaries.

2. Structure and composition

a. Chief of the VIP Protection Unit. The chief of the unit will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior. He or she will manage all aspects of the unit, from operations to administrative matters, reporting to the Minister and Deputy Minister of Interior.

b. Deputy Chief of the VIP Protection Unit. The deputy chief of the unit will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior.

c. Within the Unit, there will be separate divisions for government protective security and foreign dignitary security. Within the government protective security division, the governmental officials involved may chose the ethnicity of the officers charged with their protection.

3. Recruitment

Individuals may apply to the Chief of the VIP Protection Unit for employment in the protective service. The Unit will develop a common form that all candidates must complete. Selection of candidates for training will be made jointly by the Chief and Deputy Chief of the Unit, with the concurrence of the Minister of Interior. Formal job offers will be made by the Chief of the Unit, with the concurrence of the Deputy Chief and the Academy Director only after candidates have successfully completed a course of intensive training at the Kosovo law enforcement academy (or, until that academy is operational, they have successfully completed a course of training provided by bilateral donors in cooperation with the international civilian police mission). Officers will be dismissed by the Chief of the Unit, with the concurrence of the Deputy Chief. The names of all personnel serving within the VIP Protection Unit will be provided to the Kosovo Security Commission.

4. Use of Force

Officers of the unit are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of interior’s Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

C. The Internal Affairs Unit

1. Duties and Functions

The Internal Affairs Unit will undertake, sua sponte or at the request of the Minister or Deputy Minister of Interior, a communal police force chief, or the Security Commissions., investigations into allegedly inappropriate, wrongful, and/or possibly unlawful conduct by law enforcement personnel employed by the Ministry of Interior. Such conduct could include, but is not limited to, inappropriate use of a firearm, violation of a suspect’s human rights, or involvement in organized crime or police corruption. The Unit will operate independently and on a confidential basis, including undercover, while its investigations are ongoing. However, it will prepare a report of findings and the conclusion or dismissal of each investigation for the Minister and Deputy Minister of Interior. These reports will be made available on a timely basis to the relevant communal police force chief and to the Kosovo Security Commission unless the Internal Affairs Unit can show good cause for not doing so. The reports also will become part of an officer’s permanent personnel file and will be considered in promotion decisions and future assignments. The Unit may be armed with sidearms and will have arrest authority.

2. Structure and Composition

a. Chief of the Internal Affairs Unit. The Chief of the unit will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior. He or she will manage all aspects of the unit, from investigations to administrative matters, reporting to the Minister and Deputy Minister of Interior.

b. Deputy Chief of the Internal Affairs Unit. The deputy chief of the unit will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior.

c. The Unit will be based in Pristina in a building near the Ministry of Interior. The unit will establish such communal offices as it deems necessary on a permanent or temporary basis to successfully carry out its tasks. All levels and branches of the Ministry of Interior law enforcement bodies will cooperate fully with Internal Affairs Unit investigations. d. The ethnic makeup of the Unit will be representative of Kosovo as a whole.

3. Recruitment

The members of the Internal Affairs unit will be selected through the basic police application process by the Chief of the Internal Affairs unit, on the recommendation of the police academy director and deputy director.

4. Use of Force

Officers of the unit are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior’s Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

D. Interim Police Academy

1. Functions

Under the supervision of the international community, an interim Police Academy will offer mandatory and professional development training for all personnel serving in law enforcement functions under the Ministry of Interior. Such training will include:

– a basic recruit program

– advanced investigative and forensic skills

– crowd control

– traffic control

– VIP protection

Priority will be given to establishing the basic recruit program. The Academy will play a role in the selection and advancement of law enforcement personnel, providing recommendations and evaluations based on individuals’ performance in academy programs . The Academy will provide certificates upon completion of training programs and will maintain adequate training records.

2. Structure and Administration

a. Academy Director. The director will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior and in consultation with the Kosovo Security Commission. He or she will manage all aspects of the academy, from student selection to program development, approval and evaluation. The director will report to the Minister and Deputy Minister of Interior.

b. Academy Deputy Director- The deputy director will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior, and in consultation with the Kosovo Security Commission.

c. All costs relating to the functioning of the academy, including facility maintenance, travel, costs and salaries for instructors and academy administrative personnel, will be paid by the Ministry of Interior.

3. Facilities

The Academy will provide lodging, meals, classrooms and appropriate training facilities, including a firing range.

4. Faculty

The staff of the Academy will he selected and removed with the concurrence of the Academy Director and Deputy Director and will be representative of the ethnic balance of Kosovo.

5. Basic Program of Study

Once the police academy becomes operational, all police candidates will be required to successfully complete a course of police studies which include principles and methods of democratic policing. Candidates who do not satisfactorily complete the course will not be permitted to join the police force.

IV. SECURITY COMMISSIONS V.

The parties shall a establish a Kosovo Security Commission with competence throughout Kosovo, and Communal Security Commissions within each commune. The Commissions shall address and attempt to resolve problems concerning law enforcement and security in Kosovo.

1. Functions of the Commissions.

a. Review, and make recommendations regarding the recruitment, selection and training of police officers.

b. Review, and make recommendations regarding communal police and other law enforcement issues.

c. Consider complaints regarding police practices filed by individuals or national communities.

d. In the Kosovo Security Commission only: In consultation with designated local and Federal police liaisons, supervise jurisdiction sharing in cases of concurrent jurisdiction between Kosovo and Federal authorities.

2. The membership of the Kosovo Security Commission and each Communal Security Commission shall be representative of the population and shall include:

a. In the Kosovo Security Commission

i. a representative of each commune

ii. a representative of the Federal Special Investigations unit

iii. a representative of the border police

iv. a representative of each national community

v. a representative of the Ministry of Interior

vi. a representative of the ICPM, during its period of operation in Kosovo.

b. In the Communal Security Commissions:

i. a representative of the communal police

ii. a representative of the Federal Special Investigations Unit, if the unit maintains an office in the commune.

iii. a representative of the border police, if border police are present in the commune.

iv. a representative of each national community

v. a civilian representative of the communal government

vi. a representative of the ICPM, during its period of operation in Kosovo.

3. Each Security Commission shall meet at least monthly.

V. COORDINATION AND COOPERATION ON MUTUAL SECURITY MATTERS

A. Joint Coordination Committee

A Joint Coordination Committee (JCC) will be established to provide a forum for coordinating and cooperating on mutual security matters. The JCC will be an advisory body with 3-5 representatives each from the FRY, Serbia, Montenegro, Kosovo, and the ICPM during its period of operation in Kosovo. The Kosovo and Montenegro Interior Ministries will select their own representatives. The JCC will meet not less than monthly and ad hoc sessions will be called within 48 hours at the request of any member. Hosting responsibilities for JCC meetings will alternate among the members.

B. TECHNICAL ASSISTANCE

Communal police forces and the Kosovo Border Police may request technical assistance from Federal and Republic authorities in cases requiring forensic assistance and other forms of specialized expertise.

VI. FEDERAL AND REPUBLIC POLICE OPERATIONS IN KOSOVO A. Except as specifically permitted in this Agreement, it shall be the exclusive responsibility of communal police forces to patrol the territory of Kosovo and investigate crimes. Republic and FRY law enforcement personnel will not patrol, investigate, or otherwise operate individually or collectively within the territory of Kosovo without the express consent, or at the express request, of the Kosovo Minister of Interior. The consent to or request for such operations will specify any restrictions on the movements and the authorities of the Federal or Republic law enforcement personnel permitted in Kosovo.

B. Federal Special Investigative Unit

1. Federal law enforcement authorities may establish a Federal Special Investigative Unit (FSIU) in Kosovo staffed with Federal police officers to investigate the following crimes with potential Federal and cross-border consequences.

The sale and distribution of significant quantities of narcotics.

Kidnappings that may involve the transport of victims across the Kosovo border

Smuggling

Counterfeiting Money

Forgery of Federal Government Documents

Espionage

Murder or Aggravated Assault of Republic or Federal authorities

Destruction of Republic or Federal property

Fraud or Embezzlement or Acceptance of Bribes, committed by Federal or Kosovo authorities in the course of performing AMERICAN DRAFT DOCUMENT

INTRODUCTION

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

2. Nothing in this Agreement shall be interpreted as authority or Federal and Republic organs to intervene in the work of the organs of Kosovo. The areas of competence of the respective organs shall be defined in this Agreement.

3. The organs 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 organs of authority.

5. Every person in Kosovo shall have the right to apply to international institutions, including the European Court of 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 including for the Republic of Serbia and the Federal Republic of Yugoslavia their respective legal systems, and international standards, including the Helsinki Final Act.

II. RIGHTS AND DUTIES OF CITIZENS IN KOSOVO

1. Kosovo shall retain its current boundaries.

2. Persons in Kosovo shall concern themselves democratically through legislative, executive, and judicial organs established in this Agreement. The rights and duties of citizens in Kosovo will include the right to democratic-government and to participate in free and fair elections.

3. The basic unit of government will be the communes. All responsibilities not expressly assigned elsewhere by this Agreement will be the responsibility of the communes.

4. The Federal authorities will have responsibility in Kosovo for territorial integrity, maintaining a common market within the Federal Republic of Yugoslavia, monetary policy, defense, foreign policy consistent with the Constitution of the Federal Republic of Yugoslavia, customs services, and other functions specified in the Agreement.

5. The organs of Kosovo shall not interfere in the additional rights described in Part 3 of this Agreement.

III. RIGHTS OF NATIONAL COMMUNITIES

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

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 organs and procedures.

4. The national communities shall be subject to decisions of the Assembly of Kosovo, provided that any decisions 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:

(i) 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, consistent with decisions about style made by the communal organs. 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 of the Federal Republic of Yugoslavia. using and displaying national symbols. 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 heritage, family, and matrimonial relations; tutorship and adoption. the preservation of sites or religious, historical, or cultural importance. implementing public health and social services. operating religious institutions in cooperation with religious authorities.

(ii) adopt procedures for dispute resolution, as provided in Article V(1)(b) of this Agreement;

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

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

6. 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.

IV. THE ORGANS OF KOSOVO

PART I: GENERAL

1. The organs of Kosovo are the Assembly, the Chairman, the Government, the Administrative Organs, and the Ombudsman.

The Assembly

2. The Assembly.

(a) (i) The Assembly shall comprise ( )Members, of which ( ) Members shall be directly elected in accordance with Article VII(4). (ii) The remaining ) Members shall be allocated among the national communities with at least )% of the population, each of which shall elect Members democratically according to its own procedure.

(b) The Assembly shall he responsible for enacting all decisions of Kosovo, including those regulating relations in political, economic, social, and cultural areas consistent with this Agreement. Its areas of responsibility include:

The adoption of the organic documents of Kosovo;

The adoption of regulations on the organization and procedures of the organs of Kosovo;

The adoption of budgets and annual accounts of the Organs of the Government;

Cooperation with Federal and Republic authorities;

Ensuring freedom of movement;

Financing activities of the Organs of the Provisional Government;

Coordination among communes or national communities when necessary, including the enactment of laws or decisions necessary and property for inter-communal issues; and

Confirmation of the members of the Governing Board and judges of the courts.

(c) Decisions of the Assembly shall be taken by majority of those present and voting, except as provided in paragraph(d).

(d) When a majority of the Members of a national community covered by paragraph (a)(ii) assert that a proposed decision affects the vital interests of their national community, that decision shall require for approval a majority that includes the majority of the Members present and voting from the affected national community. If a majority of Members from the asserting community is not present and voting, the regular voting rule shall apply.

(e) A procedure for resolving disputes over the sue of the procedure established in paragraph (d) will be agreed.

(f) A majority of Members present shall constitute a quorum.

(g) The Assembly will decide its own rules of procedure and select its officers. Each national community covered by paragraph (a)(ii) shall be represented in the leadership. The Presidency of the Assembly shall rotate each term of office among those national communities in alphabetical order but may not be from the same national community as the Chairman.

The Chairman

3. There shall be a Chairman, who shall be directly elected.

(a) The Chairman shall be responsible for:

Chairing meetings of the Government-

Representing all persons in Kosovo before any international Federal, or Republic body, with the President of the Assembly when required by this Agreement.

Meeting regularly with the National Councils and with other representatives of the national communities and other persons.

Conducting foreign relations consistent with the Constitution of the Federal Republic of Yugoslavia.

Signing agreements on behalf of Kosovo after they are approved by the Assembly.

Serving on the Joint Implementation Commission established by this Agreement.

Meeting regularly with the president of the Federal Republic of Yugoslavia, the President of Montenegro, and the President of Serbia to discuss issues of mutual concern.

Government

4. Executive power shall be exercised by the Government.

(a) The Government shall comprise ( ) Members, including at less one person from each national community.

(b) The Government shall be responsible for implementing and enforcing decisions of the Assembly and, when devolved to their competences, of other governmental organs.

(c) Decisions of the Government shall require a majority of members present and voting. The Government shall otherwise decide its own rules of procedure.

Ombudsman

6. (a) There shall be an Ombudsman of Kosovo, who shall monitor the implementation of this Agreement, particularly with regard to the rights of the national communities.

(b) The selection, term, and termination of the Ombudsman shall be set forth in the Agreement.

(a) The Ombudsman shall have complete, unimpeded and immediate access to any person, place, or information upon his or her request. He or she shall have the right to intervene before any Federal or other domestic authority upon his or her request.

PART 11: THE COMMUNES

1. Kosovo shall have ( ) communes, with boundaries determined by

2. Communes may by mutual agreement form self-administering regions comprising multiple communes.

3. Each commune shall have a Council and such executive bodies as each Council 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 carrying out typical function of local and regional government, including:

Providing law enforcement, including criminal investigations, prosecution, and punishment.

Regulating and, when appropriate, providing childcare.

Establishing and regulating the work of medical institutions and hospitals.

Special arrangements will be made for institutions owned by government entities.

Protecting the environment.

Regulating commerce and privately owned stores.

Regulating hunting and fishing.

Planning and carrying out public works of communal or Kosovo-wide territorial importance, including roads and water supplies.

Regulating land use, town planning, building regulations and housing construction.

Designing and implementing programs of economic, scientific, technological, demographic, regional 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.

Financing the work of communal organs, including raising revenues, taxes, and preparing budgets.

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

Part 3. Representation of Kosovo in Federal and Republic Bodies.

(a) The participation of Kosovo in Federal institutions shall be discussed, in particular to obtain appropriate representation in Federal organs responsible for developing and implementing defense and economic policies and to take into account developments in Yugoslavia since 1991.

(b) 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 VIII(3):

Kosovo shall be offered at least (ten) deputies in the House of Citizens of the Federal Assembly and (twenty) deputies in the National Assembly of the Republic of Serbia.

Each national community in Kosovo shall be offered at least one place in the Federal Government and in the Government of the Republic of Serbia.

Each national community in Kosovo shall be offered at least one judge on the Federal Court of the Federal Republic and three judges on the Supreme Court of Serbia.

(c) In order to monitor the protection of additional rights of the national communities, a Council for the protection of members of the national communities shall be established.

V RESOLVING CONFLICTS AND MAINTAINING PUBLIC ORDER

(1) Dispute Resolution.

(a) Courts in Kosovo.

The Assembly shall establish common and supreme courts for Kosovo with jurisdiction over constitutional, civil, and criminal matters. Appeals from these courts?

(b) National Communities Each 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. 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. 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.

(2) Police.

(a) Police shall be sworn to uphold the law impartially, fairly, and with equal treatment for all persons.

(b) All police operating in Kosovo must be trained to internationally accepted standards for police operations, in particular with regard to human rights.

PARAGRAPHS(c)AND(d) TO BE DEVELOPED FURTHER

(c) Each commune shall establish local police, which shall have membership representative of the commune. Police (such as customs police) from other governmental levels shall recruit members of national communities so that the composition of such police forces in Kosovo will be representative of the population there.

(d) The local police shall he exclusively responsible for maintaining public order and peace. Federal and Republic police shall not carry out this responsibility. Federal and Republic authorities, in accordance with their respective responsibilities, shall retain responsibility for external security, border police, and the investigation of international and extra-Kosovo crime.

(e) Each commune shall establish commission to review and make recommendations on all matters concerning the police, including in particular complaints about violations of human rights. Every national community in the commune will have the right to participate on the commission. These commissions shall have the complete cooperation of both sides and unimpeded access to any person, place, document, and information it requests.

VI. FINANCING

1. The bodies established in Sections II-IV shall have the right to keep all revenues from their own taxes or other charges. They shall also have a part of revenue otherwise derived in Kosovo (including duties or fees). The organs of Kosovo shall participate in the collection of customs and other duties within Kosovo according to procedures to be agreed.

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

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

VII IMPLEMENTAION PERIOD

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

2. The sides will start without delay an 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 organic document of Kosovo, political acts and measures, and the elections of establishment of institutions and bodies established by this Agreement.

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 ( ) months, there will be elections for all bodies established by this Agreement. The Government of the FRY hereby invites the Organization for Security and Cooperation in Rome (OSCE) to conduct those elections.

5. Under international supervision, an objective and free census of the population in Kosovo shall be carried out when the international supervisor determines that conditions allow an accurate census.

6. All relevant governmental institutions shall provide the organs of Kosovo with all necessary records about the places of residence, citizenship, voters’ lists, and other data.

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

8. Laws and institutions currently in place in Kosovo shall remain until replaced by a decision of a competent body established by this Agreement.

VIII AMENDMENTS

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

X 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

1O/l/98

LAW ENFORCEMENT AND SECURITY ANNEX

I. GENERAL PRINCIPLES

1. The Parties agree to cooperate on law enforcement matters of mutual interest consistent with the procedures outlined below.

2. All Kosovo, Republic and Federal law enforcement and military authorities shall be obligated, in their respective areas of authority, to ensure freedom of Movement and safe passage for all persons, vehicles and goods.

3. In exercising authorities under this annex, all law enforcement and military components shall observe internationally recognized standards of human rights, due-process and fundamental fairness.

4. Police forces at the communal and municipal levels under the supervision of civilian authorities will have primary responsibility for maintaining public order and security in Kosovo.

5. All law enforcement bodies operating in Kosovo will be representative of the population.

6. An international civilian police mission will be undertaken in the territory of Kosovo to monitor the enforcement of this agreement and guide the implementation of the agreement. The Parties agree to cooperate fully with the international civilian police mission.

II. THE MINISTRY OF INTERIOR

A. Leadership

The Ministry of Interior will be headed by a Minister of Interior and a Deputy Minister of Interior. In every possible circumstance, decisions will be taken jointly by the Minister of Interior and the Deputy Minister of Interior. At a minimum, the Minister will inform, and consult with, the Deputy Minister on all significant matters.

Minister of Interior.

The Minister will be of Kosovar Albanian ethnicity.

2.Deputy Minister of Interior.

The Deputy Minister will be of Serb ethnicity and will be a permanent resident of Kosovo. He or she will be appointed and removed by the Kosovo authorities in consultation with the Kosovo Security Commission. The Deputy Minister will serve as the deputy principal officer for law enforcement and the administration of justice in Kosovo and will support the Minister in the management of all law enforcement personnel reporting to the Ministry.

1. Chief of Staff for Communal Police Issues:

The Chief of Staff, and his or her deputy, will coordinate police issues and provide guidance to communal commanders. The Chief of Staff will be of Kosovar Albanian ethnicity, appointed by the Minister of Interior, with concurrence of the Deputy Minister of Interior, following consultations with the Kosovo Security Commission. He or she will report to the Minister and Deputy Minister of Interior.

3. Deputy Chief of Staff for Communal Police Issues:

The Deputy will assist the Chief of Staff in all functions. The Deputy Chief of Staff will be of Serb ethnicity, appointed by the Minister of Interior, with concurrence of the Deputy Minister of the Interior, following consultations with the Kosovo Security Commission. He or she will report to the Minister and Deputy Minister of Interior.

B. Structure.

A Ministry of Interior building will be established in Pristina. All headquarters offices of the Ministry of Interior will be located within this building.

C. Authorities

The Ministry of Interior will have responsibility for all law enforcement matters in Kosovo. Consistent with international standards of democratic policing and human rights and the rule of law and subject to the exceptions noted in this Annex, the Ministry will have the authority to: initiate and implement, through its law enforcement bodies, the full range of law enforcement operations; order the arrest and/or detention of individuals for suspected criminal activity; establish administrative and personnel procedures necessary to carry out its tasks; and employ and remove personnel.

D. Financing

The Ministry of Interior, including salaries for all personnel serving directly in the Ministry or in its component law enforcement bodies, will be financed by Kosovo.

III. LAW ENFORCEMENT STRUCTURES

The following law enforcement structures, all reporting to the Ministry of Interior, shall be established to provide for civilian security within Kosovo:

A. Kosovo Communal Police Units

1. Duties and Functions- There shall be established communal police units in Kosovo, organized and stationed at the communal and municipal levels, which will have primary responsibility for the protection of life and property in Kosovo. The specific responsibilities of the communal police will include:

a. Police patrols and crime prevention

b. Criminal investigations

c. Arrest and detention of criminal suspects

d. Crowd control

e. Traffic control

2. Structure and Composition

a. Size. The total number of communal police operating within Kosovo shall not exceed 2,500 active duty law enforcement officers (exclusive of administrative officers).

b. Civilian Staff. Communal police units will be coordinated by a civilian staff located at the Ministry of Interior.

2. Communal/Municipal Level: Communal police operations will be undertaken by personnel assigned at the communal level and, within communes, at the municipal station level. Force size for each commune will be determined on the basis of the size and population of the commune. The ethnic balance of a communal police unit will be representative of the ethnic balance of the commune in which it operates.

a. Personnel:

i) Communal Commander; Each commune will have a police commander to manage day-to-day operations and personnel issues within the commune. The commander will be appointed on the recommendation of the commune government (following consultation with the Communal Security Commission) by the MOI Chief of Staff, with the concurrence of the Deputy Chief of Staff. The Chief of Staff must appoint the communal government’s nominee absent a showing of good cause for not doing so. The Chief of Staff will have authority to remove communal commanders.

ii) Deputy Communal Commander: Each commune will have a deputy police commander to assist the communal commander in all his/her duties. The deputy commander will be appointed by the Chief of Staff, with the concurrence of the Deputy Chief of Staff, on the recommendation of the commune government (following consultation with the Communal Security Commission). The Chief of Staff must appoint the communal government’s nominee absent a showing of good cause for not doing so. The Chief of Staff will have authority to remove the deputy communal commander. The deputy communal commander must be a member of the largest minority ethnic group where that ethnic group comprises at least 10% of the commune’s population.

iii) Municipal Station Chiefs: The communal commander, with the concurrence of the deputy commander and in consultation with the Communal Security Commission, will appoint, and have removal authority over, municipal station chiefs who will oversee operations at each municipal police station. The municipal station chiefs will report directly to the communal commander and his/her deputy.

b. Municipal Stations: The communal government, with the concurrence of the communal police commander, shall establish such municipal police stations in the commune as it deems necessary to prevent, detect and investigate criminal activity and maintain public order. These stations will be manned by communal police assigned to the commune.

4. Salaries: Salaries for all police personnel, regardless of where they are assigned, will be paid by the Kosovo Ministry of Interior.

5. Recruitment Communal police recruitment will be conducted primarily at the communal level. Each commune government, in consultation with the communal security commission and the communal police commander and deputy commander will nominate officer candidates. Appointments to the academy basic recruit course will be made by the academy director and deputy director, with the concurrence of the MOI Chief of Staff and Deputy Chief of Staff. While participating in the basic recruit course, police candidates will receive meals, lodging and a modest stipend from the Ministry of Interior. Offers of employment will be made by the Chief of Staff, with the concurrence of the academy director and deputy director, only after the candidate has successfully completed the academy basic recruit course. New police officers will be assigned by the Ministry of Interior to the commune from which they were nominated. For as long as the international civilian police mission is present, recruitment, selection and training will be provided by and/or in cooperation with the international civilian police mission with the assistance of international bilateral donors.

6. Equipment

All police officers, with the exception of crowd control units, will wear a standard solid dark blue uniform, the precise design of which will be developed by the Ministry of Interior and agreed to by the Minister and Deputy Minister of interior. Such uniform will include a badge, picture identification, and nametag. Aside from insignias noting officer rank, the only patches or insignias which may be worn on the uniform are a “Communal Police” patch, and a patch which notes the name of the officer’s assigned commune. If an officer is assigned to a specialized unit such as a crowd control or traffic control unit, the name of the unit also may be noted on the uniform. Police officers will be equipped with a sidearm, handcuffs and a baton. Each commune may keep, either at the communal headquarters or at municipal stations, no more than 20 long-barreled weapons without special permission from the Chief or Deputy Chief of Staff (and international civilian police mission as long as it is present). Long-barreled weapons may be carried or used only with the permission of the communal police commander (and the international civilian police mission for as long as it is present). When not in use, all weapons will be securely stored and each commune will keep a registry of all weapons assigned to it. Crowd control units will receive equipment appropriate to their task, including batons, helmets and shields.

7. Use of Force

Police personnel are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior’s Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

B. The VIP Protection Unit

1. Duties and Functions. This unit will provide personal protection for senior government officials and visiting dignitaries.

2. Structure and composition

a. Chief of the VIP Protection Unit. The chief of the unit will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior. He or she will manage all aspects of the unit, from operations to administrative matters, reporting to the Minister and Deputy Minister of Interior.

b. Deputy Chief of the VIP Protection Unit. The deputy chief of the unit will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior.

c. Within the Unit, there will be separate divisions for government protective security and foreign dignitary security. Within the government protective security division, the governmental officials involved may chose the ethnicity of the officers charged with their protection.

3. Recruitment Individuals may apply to the Chief of the VIP Protection Unit for employment in the protective service. The Unit will develop a common form that all candidates must complete. Selection of candidates for training will be made jointly by the Chief and Deputy Chief of the Unit, with the concurrence of the Minister of Interior. Formal job offers will be made by the Chief of the Unit, with the concurrence of the Deputy Chief and the Academy Director only after candidates have successfully completed a course of intensive training at the Kosovo law enforcement academy (or, until that academy is operational, they have successfully completed a course of training provided by bilateral donors in cooperation with the international civilian police mission). Officers will be dismissed by the Chief of the Unit, with the concurrence of the Deputy Chief. The names of all personnel serving within the VIP Protection Unit will be provided to the Kosovo Security Commission.

4. Use of Force

Officers of the unit are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of interior’s Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

C. The Internal Affairs Unit

1. Duties and Functions

The Internal Affairs Unit will undertake, sua sponte or at the request of the Minister or Deputy Minister of Interior, a communal police force chief, or the Security Commissions., investigations into allegedly inappropriate, wrongful, and/or possibly unlawful conduct by law enforcement personnel employed by the Ministry of Interior. Such conduct could include, but is not limited to, inappropriate use of a firearm, violation of a suspect’s human rights, or involvement in organized crime or police corruption. The Unit will operate independently and on a confidential basis, including undercover, while its investigations are ongoing. However, it will prepare a report of findings and the conclusion or dismissal of each investigation for the Minister and Deputy Minister of Interior. These reports will be made available on a timely basis to the relevant communal police force chief and to the Kosovo Security Commission unless the Internal Affairs Unit can show good cause for not doing so. The reports also will become part of an officer’s permanent personnel file and will be considered in promotion decisions and future assignments. The Unit may be armed with sidearms and will have arrest authority.

2. Structure and Composition

a. Chief of the Internal Affairs Unit. The Chief of the unit will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior. He or she will manage all aspects of the unit, from investigations to administrative matters, reporting to the Minister and Deputy Minister of Interior. b. Deputy Chief of the Internal Affairs Unit. The deputy chief of the unit will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior.

c. The Unit will be based in Pristina in a building near the Ministry of Interior. The unit will establish such communal offices as it deems necessary on a permanent or temporary basis to successfully carry out its tasks. All levels and branches of the Ministry of Interior law enforcement bodies will cooperate fully with Internal Affairs Unit investigations.

d. The ethnic makeup of the Unit will be representative of Kosovo as a whole.

3. Recruitment

The members of the Internal Affairs unit will be selected through the basic police application process by the Chief of the Internal Affairs unit, on the recommendation of the police academy director and deputy director.

4. Use of Force

Officers of the unit are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior’s Internal Affairs Unit. The penalty for inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

D. Interim Police Academy

1. Functions

Under the supervision of the international community, an interim Police Academy will offer mandatory and professional development training for all personnel serving in law enforcement functions under the Ministry of Interior. Such training will include:

– a basic recruit program

– advanced investigative and forensic skills

– crowd control

– traffic control

– VIP protection

Priority will be given to establishing the basic recruit program. The Academy will play a role in the selection and advancement of law enforcement personnel, providing recommendations and evaluations based on individuals’ performance in academy programs . The Academy will provide certificates upon completion of training programs and will maintain adequate training records.

2. Structure and Administration

a. Academy Director. The director will be a Kosovar Albanian appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior and in consultation with the Kosovo Security Commission. He or she will manage all aspects of the academy, from student selection to program development, approval and evaluation. The director will report to the Minister and Deputy Minister of Interior.

b. Academy Deputy Director- The deputy director will be of Serb ethnicity appointed and removed by the Minister of Interior with the concurrence of the Deputy Minister of Interior, and in consultation with the Kosovo Security Commission.

c. All costs relating to the functioning of the academy, including facility maintenance, travel, costs and salaries for instructors and academy administrative personnel, will be paid by the Ministry of Interior.

3. Facilities

The Academy will provide lodging, meals, classrooms and appropriate training facilities, including a firing range. 4. Faculty

The staff of the Academy will he selected and removed with the concurrence of the Academy Director and Deputy Director and will be representative of the ethnic balance of Kosovo.

5. Basic Program of Study

Once the police academy becomes operational, all police candidates will be required to successfully complete a course of police studies which include principles and methods of democratic policing. Candidates who do not satisfactorily complete the course will not be permitted to join the police force.

IV. SECURITY COMMISSIONS

V.

The parties shall a establish a Kosovo Security Commission with competence throughout Kosovo, and Communal Security Commissions within each commune. The Commissions shall address and attempt to resolve problems concerning law enforcement and security in Kosovo.

1. Functions of the Commissions.

a. Review, and make recommendations regarding the recruitment, selection and training of police officers.

b. Review, and make recommendations regarding communal police and other law enforcement issues.

c. Consider complaints regarding police practices filed by individuals or national communities.

d. In the Kosovo Security Commission only: In consultation with designated local and Federal police liaisons, supervise jurisdiction sharing in cases of concurrent jurisdiction between Kosovo and Federal authorities.

2. The membership of the Kosovo Security Commission and each Communal Security Commission shall be representative of the population and shall include:

a. In the Kosovo Security Commission

i. a representative of each commune

ii. a representative of the Federal Special Investigations unit

iii. a representative of the border police

iv. a representative of each national community

v. a representative of the Ministry of Interior

vi. a representative of the ICPM, during its period of operation in Kosovo.

b. In the Communal Security Commissions:

i. a representative of the communal police

ii. a representative of the Federal Special Investigations Unit, if the unit maintains an office in the commune.

iii. a representative of the border police, if border police are present in the commune.

iv. a representative of each national community

v. a civilian representative of the communal government

vi. a representative of the ICPM, during its period of operation in Kosovo.

3. Each Security Commission shall meet at least monthly.

V. COORDINATION AND COOPERATION ON MUTUAL SECURITY MATTERS

A. Joint Coordination Committee

A Joint Coordination Committee (JCC) will be established to provide a forum

for coordinating and cooperating on mutual security matters. The JCC will be an advisory body with 3-5 representatives each from the FRY, Serbia, Montenegro, Kosovo, and the ICPM during its period of operation in Kosovo. The Kosovo and Montenegro Interior Ministries will select their own representatives. The JCC will meet not less than monthly and ad hoc sessions will be called within 48 hours at the request of any member. Hosting responsibilities for JCC meetings will alternate among the members.

B. TECHNICAL ASSISTANCE

Communal police forces and the Kosovo Border Police may request technical assistance from Federal and Republic authorities in cases requiring forensic assistance and other forms of specialized expertise.

VI. FEDERAL AND REPUBLIC POLICE OPERATIONS IN KOSOVO

A. Except as specifically permitted in this Agreement, it shall be the exclusive responsibility of communal police forces to patrol the territory of Kosovo and investigate crimes. Republic and FRY law enforcement personnel will not patrol, investigate, or otherwise operate individually or collectively within the territory of Kosovo without the express consent, or at the express request, of the Kosovo Minister of Interior. The consent to or request for such operations will specify any restrictions on the movements and the authorities of the Federal or Republic law enforcement personnel permitted in Kosovo.

B. Federal Special Investigative Unit

1. Federal law enforcement authorities may establish a Federal Special Investigative Unit (FSIU) in Kosovo staffed with Federal police officers to investigate the following crimes with potential Federal and cross-border consequences.

The sale and distribution of significant quantities of narcotics.

Kidnappings that may involve the transport of victims across the Kosovo border

Smuggling

Counterfeiting Money

Forgery of Federal Government Documents

Espionage

Murder or Aggravated Assault of Republic or Federal authorities

Destruction of Republic or Federal property

Fraud or Embezzlement or Acceptance of Bribes, committed by Federal or Kosovo authorities in the course of performing their official duties.

This list may be modified upon written agreement of the Parties. The Chief of Staff, Ministry of Interior and the Chief Prosecutor of Kosovo may, in their discretion, expand the investigative jurisdiction of the Federal Special investigative Units in individual cases where they both agree that such expansion would be in the interest of the administration of justice.

2. No more than 50 federal law enforcement officers in total may operate within the Federal Special Investigative Units in Kosovo at any given time. In the case of investigative emergencies requiring a greater FSIU presence in Kosovo than is authorized, the FRY may supplement the staffing of the FSIU only with the express permission of the Chief of Staff, MOI.

3. In cases of concurrent jurisdiction with the communal police, the FSIU will cooperate in such investigations to the greatest possible extent, including through the establishment of joint task forces.

4. On a timely and regular basis, the Chief of Staff, Ministry of Interior will be informed of all major investigations undertaken by the FSIU and will be informed regularly (at least weekly) as to the progress of every investigation.

5. FSIU members may carry individual sidearms and, with the express consent of the Chief of Staff, Ministry of Interior, long-barreled weapons.

6. For any FSIU team operating in Kosovo, no less than 25% of the team must be of Kosovar Albanian ethnicity. Federal officers staffing the FSIU must complete a course of ICPM-approved training before beginning such duty.

B. Police authorities of the Serbian Republic shall not have authority to investigate crimes in Kosovo except with the express permission of the Chief of Staff, MOI. In granting such permission, the Chief of Staff, MOI may limit the number of Serbian police authorities permitted to operate in Kosovo and may require that they be accompanied by officers of the communal police. It shall be appropriate for the chief of the staff, MOI to grant such permission where Serbian Republic authorities have demonstrated substantial reason to believe that: a. persons who committed crimes in Serbia, or who have information concerning crimes committed in Serbia, are resident in Kosovo; or

b. persons resident in Kosovo are planning a crime, or have knowledge of a crime that will be committed, at least in part, in Serbia.

9. Republic police authorities shall transit the territory of Kosovo in the course of their official duties only along routes that have been agreed upon between Republic authorities and the local police.

VII SECURITY ON THE INTERNATIONAL BORDERS

The Government of the FRY will maintain official border crossings on its international borders. At each of these crossings, personnel from the organizations listed below will be present.

A. Kosovo Border Police

I. Duties and Functions. The Kosovo Border Police (KBP) will: review immigration documents at the official border crossings on the territory of Kosovo; implement the immigration laws and regulations of the FRY within Kosovo; patrol the areas in the vicinity of the international borders within Kosovo to deter and detect illegal entry of persons and goods into the FRY. Issuance of passports and visas will continue to be a FRY activity. The FRY will establish a passport office in Kosovo.

2. Structure and Composition:

The Kosovo Border Police will be headed by a Chief of the Kosovo Border Patrol who is appointed and removed by the Kosovo Minister of Interior with the concurrence of the Deputy Minister of Interior and in consultation with the Kosovo Security Commission. The Chief of the Border Police will report to the Minister and Deputy Ministers of Interior and will be responsible for all management and operations issues involving the Kosovo Border Police. He or she also will serve as the primary point of contact for Kosovo with the FRY on matters concerning border and immigration issues. The membership of the Border Police will be representative of the ethnic composition of Kosovo. All Border Police candidates must attend border police training (which will include training on smuggling of goods and people) at the Kosovo police academy. This training will be based on FRY border and immigration law and the FRY will be invited to send trainers to the Kosovo academy to participate in the training.

3. Applicable Law. The Kosovo Border Police will administer FRY law in border and immigration matters.

4. Use of Force: The Kosovo Border Police will be armed with sidearms only. Officers are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior’s Internal Affairs Unit. The penalty fox inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

5. The Federal Army (VJ)

1. Units of the VJ shall continue to be stationed in Kosovo to protect the international borders and territorial integrity of the FRY.

2. VJ units will be permitted to patrol in Kosovo only within 10 km of the international border. VJ units will have no arrest authority in Kosovo. VJ units may detain individuals where permitted by law, but must transfer them over for arrest to the Kosovo Border Police or communal police at the earliest possible time.

3. In the case of serious civil disorder or other emergency, the VJ may patrol beyond the limits specified in paragraph 2 at the request of, and subject to limitations imposed by, the Kosovo Ministry of Interior.

4. The VJ may travel through the territory of Kosovo to reach its duty stations and garrisons. Such travel shall occur only along routes that have been agreed upon between the VJ and the communal police.

C. Customs Officers

1. The FRY Customs Service will continue to exercise customs jurisdiction at the official international border crossings within Kosovo and in such customs warehouses as may be necessary within Kosovo. The FRY Customs Service will recruit officers of Kosovar Albanian ethnicity to work within the Customs Service and, within 8 months of the signing of this agreement, each Customs team working at an international border or elsewhere within Kosovo will include at least one officer of Kosovar Albanian ethnicity. These Kosovar Albanian officers will be trained and paid by the FRY.

2. Use of Force. Customs officers will be authorized to carry sidearms only. Customs officers are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances.

VIII PURSUIT OF FLEEING SUSPECTS

A. In the course of pursuing a suspect who is fleeing their respective jurisdictions, the communal police and Republic authorities shall have the right to continue their pursuit across the Kosovo border into the jurisdiction of the other entity, if such pursuit is ongoing and uninterrupted. As soon as is practicable, the pursuing authorities shall notify the authorities of the territory into which the suspect has fled of the pursuit.

B. Republic authorities who pursue and capture a fleeing suspect in accordance with this section, in Kosovo territory within 15 kilometers of the border, may arrest and detain such suspect without regard to sections IX(A) and IX(F).

C. Communal police authorities who pursue and capture a fleeing suspect in accordance with this section, in Republic territory within 15 kilometers of the border, may arrest and detain such suspect notwithstanding any other Republic laws.

IX. ARREST AND DETENTION

A. Except as noted below, only officers of communal police units shall have authority to arrest and detain individuals in the territory of Kosovo. Immediately upon arrest, communal police authorities shall notify the designated representative of the national community to which the detainee belongs.

B. Kosovo Border Police officers shall have authority to arrest and detain individuals who have violated criminal provisions of the immigration laws.

C. officers of the Customs Service shall have authority to arrest and detain individuals for criminal violations of the customs laws.

D. Officers of the Federal Special Investigative Unit shall have authority to arrest and detain individuals in Kosovo for those crimes specified in this Agreement, if (1) such crimes constitute violations of Federal law; and (2) a Federal court has issued a warrant authorizing such arrest. 5. Arrests and prosecutions resulting from investigations by the Federal Special Investigative Unit of cross-border criminal activity that does not violate federal law are the exclusive responsibility of communal police authorities.

6. Republic police authorities shall not have authority to arrest or detain individuals within Kosovo. The transfer of suspects and detainees to Republic authorities is governed by Section XI (A).

7. Federal and Republic authorities shall promptly notify the Kosovo Minister of Interior when a resident of Kosovo is detained or arrested by a non-Kosovar authority within the FRY.

X. PROSECUTION OF CRIMES

1. Kosovo shall create an Office of the Prosecutor responsible for prosecuting individuals who violate the criminal laws of Kosovo before the Courts of Kosovo.

2. Kosovo shall appoint, and have the authority to remove a Chief Prosecutor. The Prosecutor-General of the FRY shall maintain offices in Kosovo to prosecute those crimes specified in Section VI (13) which are violations of federal law and which have been committed in Kosovo.

XI. TRANSFER OF DETAINEES

A. From Kosovo In cases where Republic police authorities seek the arrest or detention of individuals in Kosovo in connection with violations of Republic laws, and to arrange for their prosecution in Serbia or Montenegro, the following procedures shall be observed:

1. Republic police authorities shall file an ex parte request with the Criminal Courts of Kosovo for the arrest and transfer of individuals that are reasonably believed to have violated criminal laws of the Republics.

2. Where the Court finds reason to believe that the suspect in question has committed the crimes detailed in the Republic request, it shall order the communal police to arrest and detain the suspect and transfer him or her to Republic police authorities, unless the Kosovo Chief Prosecutor certifies to the court that the communal police authorities have arrested, or intend imminently to arrest, detain and prosecute the suspect for crimes in violation of the laws of Kosovo.

3. Where the Court finds grounds for the transfer of a suspect to Republic authorities, but the Kosovo Chief Prosecutor elects to prosecute the suspect pursuant to paragraph 2, Kosovo authorities shall honor the Republic transfer request following either acquittal of the suspect, or his or her release from Kosovo custody and any period of incarceration.

B. To Kosovo In cases where communal police authorities seek the arrest or detention of individuals in the Republics in connection with violations of Kosovo law, and to arrange for their prosecution in Kosovo, the following procedures shall be observed:

1. Communal police authorities shall file an ex parte request with Republic courts for the arrest and transfer of individuals that are reasonably believed to have violated criminal laws of Kosovo.

2. Where a Republic court finds reason to believe that the suspect in question has committed the crimes detailed in the Kosovo request, it shall Order Republic authorities to arrest and detain the suspect and transfer him or hex to communal police authorities, unless Republic prosecutorial authorities certify to the court that the Republic has arrested, or intends imminently to arrest, detain and prosecute the suspect for crimes in violation of Republic laws.

3. Where the Republic court finds grounds for the transfer of a suspect to communal police authorities, but the Republic prosecutor elects to prosecute the suspect pursuant to paragraph 2. Republic authorities shall honor the Kosovo transfer request following either acquittal of the suspect, or his or her release from Republic custody and any period of incarceration.

XII. JUDICIARY

A. Kosovo shall establish courts to hold civil and criminal proceedings and interpret the laws of Kosovo.

B. The judges of the Kosovo courts shall be appointed by Kosovo from a slate of candidates nominated by the communes. The composition of the Kosovo judiciary shall be ethnically representative of the population.

C. The FRY shall maintain Federal courts within Kosovo to adjudicate violations of Federal law which occur in Kosovo.

XIII. PRISONS A. Kosovo and its constituent communes shall establish jails and prisons

to accommodate the detention of criminal suspects and the imprisonment of individuals convicted of violating the laws of Kosovo.

B. Federal authorities shall either maintain facilities in Kosovo for the detention and imprisonment of individuals who have violated federal law, or shall arrange for their detention or imprisonment in Kosovo facilities pursuant to a memorandum of understanding between the parties.

XIV. INTERNATIONAL ASSISTANCE

A. International Civilian Police Mission To assist them in meeting their obligations, the Parties request that an international civilian police mission be established to carry out, within Kosovo, a program of assistance. (Additional guidance on ICPM authorities to be provided)

B. Specific Responsibilities of the Parties

1. The Parties shall cooperate fully with the international civilian police mission and shall so instruct their law enforcement agencies.

2. The Parties shall not impede the movement of international civilian police personnel or in any way hinder, obstruct or delay them in the performance of their responsibilities. They shall allow these personnel immediate and complete access to any site, person, activity, proceeding, record or other item or event in Kosovo as requested by the mission in carrying out its responsibilities under this agreement. This shall include the right to monitor, observe and inspect any site or facility at which it believes that police, law enforcement, detention or judicial activities are taking place.

3. Upon request by the international civilian police mission, Kosovo shall make available for training qualified personnel, who are expected to take up law enforcement duties immediately following such training.

4. Kosovo shall facilitate the operations of the international civilian police mission in Kosovo, including by the provision of appropriate assistance as requested with regard to transportation, subsistence, accommodations, communications, and other facilities.

C. International Assistance Program

International donors will assist the implementation of this agreement by providing technical assistance, training and equipment to law enforcement bodies in Kosovo, coordinated with the international civilian police mission. their official duties. This list may be modified upon written agreement of the Parties. The Chief of Staff, Ministry of Interior and the Chief Prosecutor of Kosovo may, in their discretion, expand the investigative jurisdiction of the Federal Special investigative Units in individual cases where they both agree that such expansion would be in the interest of the administration of justice.

2. No more thin 50 federal law enforcement officers in total may operate within the Federal Special Investigative Units in Kosovo at any given time. In the case of investigative emergencies requiring a greater FSIU presence in Kosovo than is authorized, the FRY may supplement the staffing of the FSIU only with the express permission of the Chief of Staff, MOI.

3. In cases of concurrent jurisdiction with the communal police, the FSIU will cooperate in such investigations to the greatest possible extent, including through the establishment of joint task forces.

4. On a timely and regular basis, the Chief of Staff, Ministry of Interior will be informed of all major investigations undertaken by the FSIU and will be informed regularly (at least weekly) as to the progress of every investigation.

5. FSIU members may carry individual sidearms and, with the express consent of the Chief of Staff, Ministry of Interior, long-barreled weapons.

6. For any FSIU team operating in Kosovo, no less than 25% of the team must be of Kosovar Albanian ethnicity.

A. Federal officers staffing the FSIU must complete a course of ICPM-approved training before beginning such duty.

B. Police authorities of the Serbian Republic shall not have authority to investigate crimes in Kosovo except with the express permission of the Chief of Staff, MOI. In granting such permission, the Chief of Staff, MOI may limit the number of Serbian police authorities permitted to operate in Kosovo and may require that they be accompanied by officers of the communal police. It shall be appropriate for the chief of the staff, MOI to grant such permission where Serbian Republic authorities have demonstrated substantial reason to believe that: a. persons who committed crimes in Serbia, or who have information concerning crimes committed in Serbia, are resident in Kosovo; or b. persons resident in Kosovo are planning a crime, or have knowledge of a crime that will be committed, at least in part, in Serbia.

9. Republic police authorities shall transit the territory of Kosovo in the course of their official duties only along routes that have been agreed upon between Republic authorities and the local police.

VII SECURITY ON THE INTERNATIONAL BORDERS

The Government of the FRY will maintain official border crossings on its international borders. At each of these crossings, personnel from the organizations listed below will be present.

A. Kosovo Border Police

I. Duties and Functions. The Kosovo Border Police (KBP) will: review immigration documents at the official border crossings on the territory of Kosovo; implement the immigration laws and regulations of the FRY within Kosovo; patrol the areas in the vicinity of the international borders within Kosovo to deter and detect illegal entry of persons and goods into the FRY. Issuance of passports and visas will continue to be a FRY activity. The FRY will establish a passport office in Kosovo.

2. Structure and Composition:

The Kosovo Border Police will be headed by a Chief of the Kosovo Border Patrol who is appointed and removed by the Kosovo Minister of Interior with the concurrence of the Deputy Minister of Interior and in consultation with the Kosovo Security Commission. The Chief of the Border Police will report to the Minister and Deputy Ministers of Interior and will be responsible for all management and operations issues involving the Kosovo Border Police. He or she also will serve as the primary point of contact for Kosovo with the FRY on matters concerning border and immigration issues. The membership of the Border Police will be representative of the ethnic composition of Kosovo. All Border Police candidates must attend border police training (which will include training on smuggling of goods and people) at the Kosovo police academy. This training will be based on FRY border and immigration law and the FRY will be invited to send trainers to the Kosovo academy to participate in the training.

3. Applicable Law. The Kosovo Border Police will administer FRY law in border and immigration matters.

4. Use of Force: The Kosovo Border Police will be armed with sidearms only. Officers are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances. Allegations of inappropriate use of force will be investigated by the Ministry of Interior’s Internal Affairs Unit. The penalty fox inappropriate use of force will be proportional to the seriousness of the offense and may include dismissal, criminal charges or civil penalties.

5. The Federal Army (VJ)

1. Units of the VJ shall continue to be stationed in Kosovo to protect the international borders and territorial integrity of the FRY.

2. VJ units will be permitted to patrol in Kosovo only within 10 km of the international border. VJ units will have no arrest authority in Kosovo. VJ units may detain individuals where permitted by law, but must transfer them over for arrest to the Kosovo Border Police or communal police at the earliest possible time.

3. In the case of serious civil disorder or other emergency, the VJ may patrol beyond the limits specified in paragraph 2 at the request of, and subject to limitations imposed by, the Kosovo Ministry of Interior.

4. The VJ may travel through the territory of Kosovo to reach its duty stations and garrisons. Such travel shall occur only along routes that have been agreed upon between the VJ and the communal police.

C. Customs Officers

1. The FRY Customs Service will continue to exercise customs jurisdiction at the official international border crossings within Kosovo and in such customs warehouses as may be necessary within Kosovo. The FRY Customs Service will recruit officers of Kosovar Albanian ethnicity to work within the Customs Service and, within 8 months of the signing of this agreement, each Customs team working at an international border or elsewhere within Kosovo will include at least one officer of Kosovar Albanian ethnicity. These Kosovar Albanian officers will be trained and paid by the FRY.

2. Use of Force. Customs officers will be authorized to carry sidearms only. Customs officers are authorized to use force in performance of lawful duties. The force used must be the minimum force that is reasonable and necessary under the circumstances.

VIII PURSUIT OF FLEEING SUSPECTS

A. In the course of pursuing a suspect who is fleeing their respective jurisdictions, the communal police and Republic authorities shall have the right to continue their pursuit across the Kosovo border into the jurisdiction of the other entity, if such pursuit is ongoing and uninterrupted. As soon as is practicable, the pursuing authorities shall notify the authorities of the territory into which the suspect has fled of the pursuit. B. Republic authorities who pursue and capture a fleeing suspect in accordance with this section, in Kosovo territory within 15 kilometers of the border, may arrest and detain such suspect without regard to sections IX(A) and IX(F).

C. Communal police authorities who pursue and capture a fleeing suspect in accordance with this section, in Republic territory within 15 kilometers of the border, may arrest and detain such suspect notwithstanding any other Republic laws.

IX. ARREST AND DETENTION

A. Except as noted below, only officers of communal police units shall have authority to arrest and detain individuals in the territory of Kosovo. Immediately upon arrest, communal police authorities shall notify the designated representative of the national community to which the detainee belongs.

B. Kosovo Border Police officers shall have authority to arrest and detain individuals who have violated criminal provisions of the immigration laws.

C. officers of the Customs Service shall have authority to arrest and detain individuals for criminal violations of the customs laws.

D. Officers of the Federal Special Investigative Unit shall have authority to arrest and detain individuals in Kosovo for those crimes specified in this Agreement, if (1) such crimes constitute violations of Federal law; and (2) a Federal court has issued a warrant authorizing such arrest.

5. Arrests and prosecutions resulting from investigations by the Federal Special Investigative Unit of cross-border criminal activity that does not violate federal law are the exclusive responsibility of communal police authorities.

6. Republic police authorities shall not have authority to arrest or detain individuals within Kosovo. The transfer of suspects and detainees to Republic authorities is governed by Section XI (A).

7. Federal and Republic authorities shall promptly notify the Kosovo Minister of Interior when a resident of Kosovo is detained or arrested by a non-Kosovar authority within the FRY.

X. PROSECUTION OF CRIMES

1. Kosovo shall create an Office of the Prosecutor responsible for prosecuting individuals who violate the criminal laws of Kosovo before the Courts of Kosovo.

2. Kosovo shall appoint, and have the authority to remove a Chief Prosecutor. The Prosecutor-General of the FRY shall maintain offices in Kosovo to prosecute those crimes specified in Section VI (13) which are violations of federal law and which have been committed in Kosovo.

XI. TRANSFER OF DETAINEES

A. From Kosovo In cases where Republic police authorities seek the arrest or detention of individuals in Kosovo in connection with violations of Republic laws, and to arrange for their prosecution in Serbia or Montenegro, the following procedures shall be observed:

1. Republic police authorities shall file an ex parte request with the Criminal Courts of Kosovo for the arrest and transfer of individuals that are reasonably believed to have violated criminal laws of the Republics.

2. Where the Court finds reason to believe that the suspect in question has committed the crimes detailed in the Republic request, it shall order the communal police to arrest and detain the suspect and transfer him or her to Republic police authorities, unless the Kosovo Chief Prosecutor certifies to the court that the communal police authorities have arrested, or intend imminently to arrest, detain and prosecute the suspect for crimes in violation of the laws of Kosovo.

3. Where the Court finds grounds for the transfer of a suspect to Republic authorities, but the Kosovo Chief Prosecutor elects to prosecute the suspect pursuant to paragraph 2, Kosovo authorities shall honor the Republic transfer request following either acquittal of the suspect, or his or her release from Kosovo custody and any period of incarceration.

B. To Kosovo In cases where communal police authorities seek the arrest or detention of individuals in the Republics in connection with violations of Kosovo law, and to arrange for their prosecution in Kosovo, the following procedures shall be observed:

1. Communal police authorities shall file an ex parte request with Republic courts for the arrest and transfer of individuals that are reasonably believed to have violated criminal laws of Kosovo.

2. Where a Republic court finds reason to believe that the suspect in question has committed the crimes detailed in the Kosovo request, it shall Order Republic authorities to arrest and detain the suspect and transfer him or hex to communal police authorities, unless Republic prosecutorial authorities certify to the court that the Republic has arrested, or intends imminently to arrest, detain and prosecute the suspect for crimes in violation of Republic laws.

3. Where the Republic court finds grounds for the transfer of a suspect to communal police authorities, but the Republic prosecutor elects to prosecute the suspect pursuant to paragraph 2. Republic authorities shall honor the Kosovo transfer request following either acquittal of the suspect, or his or her release from Republic custody and any period of incarceration.

XII. JUDICIARY

A. Kosovo shall establish courts to hold civil and criminal proceedings and interpret the laws of Kosovo.

B. The judges of the Kosovo courts shall be appointed by Kosovo from a slate of candidates nominated by the communes. The composition of the Kosovo judiciary shall be ethnically representative of the population.

C. The FRY shall maintain Federal courts within Kosovo to adjudicate violations of Federal law which occur in Kosovo.

XIII. PRISONS A. Kosovo and its constituent communes shall establish jails and prisons to accommodate the detention of criminal suspects and the imprisonment of individuals convicted of violating the laws of Kosovo.

B. Federal authorities shall either maintain facilities in Kosovo for the detention and imprisonment of individuals who have violated federal law, or shall arrange for their detention or imprisonment in Kosovo facilities pursuant to a memorandum of understanding between the parties.

XIV. INTERNATIONAL ASSISTANCE

A. International Civilian Police Mission To assist them in meeting their obligations, the Parties request that an international civilian police mission be established to carry out, within Kosovo, a program of assistance. (Additional guidance on ICPM authorities to be provided)

B. Specific Responsibilities of the Parties

1. The Parties shall cooperate fully with the international civilian police mission and shall so instruct their law enforcement agencies.

2. The Parties shall not impede the movement of international civilian police personnel or in any way hinder, obstruct or delay them in the performance of their responsibilities. They shall allow these personnel immediate and complete access to any site, person, activity, proceeding, record or other item or event in Kosovo as requested by the mission in carrying out its responsibilities under this agreement. This shall include the right to monitor, observe and inspect any site or facility at which it believes that police, law enforcement, detention or judicial activities are taking place.

3. Upon request by the international civilian police mission, Kosovo shall make available for training qualified personnel, who are expected to take up law enforcement duties immediately following such training.

4. Kosovo shall facilitate the operations of the international civilian police mission in Kosovo, including by the provision of appropriate assistance as requested with regard to transportation, subsistence, accommodations, communications, and other facilities.

C. International Assistance Program International donors will assist the implementation of this agreement by providing technical assistance, training and equipment to law enforcement bodies in Kosovo, coordinated with the international civilian police mission.

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