The Status of Kosovo and Metohija

1
The Status of Kosovo and Metohija I Present
status II Future status Interdependence
between present and future status
2

• Ad I (Present status of KM)
• Territory under interim civil and military
  administration of the UN
• International legal basis of the status UN
  Security Council Resolution Nr. 1244

3

• Five key elements of the Resolution 1244
• Establishing of the civil and military UN mission
  in Kosovo and Metohija
• UN guaranties sovereignty and territorial
  integrity of the FR of Yugoslavia (respectively
  Serbia and Montenegro)
• Main objective of the mission stabilization of
  entire situation effective protection of human
  rights including the rights of all communities
  maintaining the multi-ethnic character of KM
• International mission should help establishing of
  the provisional institutions of self-government
  (in order to introduce substantial autonomy and
  meaningful self-administration)
• 5) After achieving prescribed objectives the
  process will be launched aiming to define the
  future status of KM

4
Back to recent past the reasons for the
establishment of the present status of
KM -Permanent violation of human and minority
rights of the Albanian community in KM by the
ruling regime in Serbia -Military intervention
of the NATO in 1999 -The lack of the
international-law basis for the
intervention -Humanitarian justification of the
intervention inclusion of moral principles into
international-relations activities - Ex post
legalization of the military intervention
through UN SC Resolution 1244
5
Emerging of a new reality in KM since 1999 -
Changed reality in KM since June 1999 - Internal
legal framework - Constitutional framework -
Provisional institutions - Legal and
institutional protection of communities -Position
of Serb community in KM - Freedom of
movement - Return - Property situation -
Religious sites -De facto operation of the UNMIK
decolonization (establishing new symbols of
independence custom territory, travel
documents, car plates, postal code) -Disappearing
of Albanian moral advantage
6

• From present towards future
• The policy of standards before status
• Eight groups of standards and problem of its
  evaluation
• Functioning the democratic institutions
• Rule of law
• Freedom of movement
• Sustainable returns and rights of communities
• Economy
• Property rights and cultural heritage
• Political dialogue
• Kosovo protection corps

7

• Ad II (Future status)
• Procedural prerequisites
• Not to loose the conditioning with regard to
  standards implementation
• Main objective of negotiations
  optimal-compromising-solution
• The frame of talks UN mechanism Resolution
  1244
• Respect the principles of the international law
• European prospective

8

• In the search for the solution
• Independence of KM
• - preconditions and consequences
• 2) Partition of KM
• - preconditions and consequences
• 3) Extended autonomy within Serbia and Montenegro
• - preconditions and consequences

9

• Substantial and multi-dimensional autonomy
• KM vis-à-vis Serbia extended autonomy
  self-rule in legislation, executive and judiciary
• Serb areas within KM autonomy in the vital
  interest branches education, culture, health
  care, social policy, property protection,
  infrastructure, protection of the religious sites
• Twofold guaranties through international-law
  (agreement) through domestic law (constitutional
  arrangement)