Kosovo and Metohija Status Negotiation

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Kosovo and Metohija Status Negotiation

• Statement by Dušan Prorokovic,
• State Secretary

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• Resolution 1244
• Adopted by the Security Council at its 4011th
  meeting, on 10 June 1999

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Article 10

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

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• Number of IDP 250 000

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Serbs in Kosovo and Metohia1999 2004
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• All Serbian proposals for substantial autonomy
  were refused by Albanian side, since 2005

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Serbian proposal

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

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Serbian proposal

• The reserved jurisdiction of Serbia would
  include
• 1. Foreign affairs
• 2. Border control
• 3. Protection of Serbian religious and cultural
  heritage
• 4. Defense defense would be a reserved
  jurisdiction of Serbia not applied on the
  territory of Kosovo and Metohija. Kosovo and
  Metohija would be a demilitarized territory where
  international military forces would engage in
  security provision activities under UN control.

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Serbian proposal

• The cooperation policy between central
  authorities in Belgrade and provincial
  institutions in Pristina would have to exist in
  the following areas
• 1. Monetary policy
• 2. Customs policy

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Serbian proposal

• The exclusive scope of competences of provincial
  institutions of Kosovo and Metohija would
  include
• 1. Budget and economic policy
• 2. Agriculture
• 3. Media
• 4. Education
• 5. Environmental protection
• 6. Youth and sport
• 7. Fiscal policy and tax collection
• 8. Internal affairs
• 9. Health
• 10. Energy sector
• 11. Infrastructure
• 12. Employment

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Serbian proposal

• Kosovo and Metohija Parliament would have a
  legislative authority in all areas of exclusive
  scope of competences of Kosovo and Metohija.
• The Kosovo and Metohija Government would
  independently enforce laws passed by the Kosovo
  and Metohija Parliament, without any interference
  on behalf of Belgrade.
• Kosovo and Metohija would have an independent,
  fully integral judiciary system in charge of
  cases in exclusive scope of competences of Kosovo
  and Metohija and in other cases as defined by the
  agreement. During the transition period and due
  to the deplorable situation Kosovo and Metohija
  judiciary is in, an EU monitoring mechanism would
  be put in place, together with international
  judges.

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Serbian proposal

• Serbia is an internationally recognized entity
• -Kosovo and Metohija is entitled to have
  negotiations with other countries and
  international organizations in those areas
  pertaining to exclusive scope of competences of
  Kosovo and Metohija. Serbia only formally signs
  agreements signed by Kosovo and Metohija.
• - In those areas pertaining to reserved
  jurisdiction of Serbia, the Kosovo and Metohija
  representatives would be involved in negotiations
  and agreement preparations to be signed by
  Serbia.
• -Kosovo and Metohija would be entitled to
  establish trading and industry representative
  offices in other countries.
• -Kosovo and Metohija could be a member of
  regional initiatives and international
  organizations which provide such options for
  non-sovereign members, primarily international
  financial institutions
• -Serbia would offer diplomatic and consular
  protection to all citizens, while the Office for
  Consular Affairs of Kosovo and Metohija would be
  established within Serbias diplomatic and
  consular offices.
• -Foreign countries would be allowed to establish
  their diplomatic and consular offices in Priština
  all the way to the level of the Consulate
  General.

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Comparative Overview of the Cases of Hong Kong,
Åland Islands, and the Serbian Status Proposal
for Kosovo and Metohija
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Hong Kong Åland Islands Kosovo and Metohija
Basic features of the Cases In 1997 returned to Chinas sovereignty after 155 years of British colonial rule Ethnic majority Chinese (95) HK Basic Law stemming out from the 1984 Sino-British Joint Declaration After Russo-Swedish War (1808-1809) Russia gains Finland and ÅI Ethnic majority Swedish (95) In 1917 Finland independent After 1917, 96,2 of adult population signed the petition for unification with Sweden In 1921 the League of Nations decides that ÅI remains within the sovereignty of Finland, with a high degree of autonomy Current constitutional-legal framework Act on the Autonomy of Åland in accordance with Article 120 of the Constitution of Finland Since June 1999 (8 years) under UN administration Ethnic majority Albanian (81) Current constitutional-legal framework UN SC Res 1244, Constitution of Serbia, and Constitutional Framework for Provisional Self-Government in Kosovo Proposal internationally guaranteed status agreement on KM, new UN SC Res, Constitution of Serbia, and Constitution of KM 20-years timeframe
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Constitutional-Legal Definition of Territory Upholding national unity and territorial integrity and taking account of the history of HK and its realities, the PRC has decided to establish, in accordance with the provisions of Article 31 of the Constitution of the PRC, a HK Special Administrative Region upon resuming the exercise of sovereignty over HK. (Sino-British Joint Declaration, Article 3.1) The HK Special Administrative Region will be directly under the authority of the Central Peoples Government of the PRC. The HK Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central Peoples Government. (Sino-British Joint Declaration, Article 3.2) The sovereignty of the ÅI is recognised to belong to Finland. (Decision of the Council of the League of Nations on the ÅI, Article 1) The territory of Finland is indivisible. The national borders can not be altered without the consent of the Parliament. (Constitution of Finland, Section 4) Åland comprises the territory it has at the time of the entry into force of this Act and the territorial waters directly adjacent to its land territory according to the enactments in force on the limits of the territorial waters of Finland. If the jurisdiction and sovereignty of the State are extended beyond the limits of the territorial waters the jurisdiction and sovereignty of Åland may be likewise extended, as agreed by the State and Åland. (Act on the Autonomy of Åland, Section 2) the Province of Kosovo and Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo and Metohija in all internal and foreign political relations (Constitution of Serbia, Preamble) In the Republic of Serbia, there are the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija. The substantial autonomy of the Autonomous province of Kosovo and Metohija shall be regulated by the special law which shall be adopted in accordance with the proceedings envisaged for amending the Constitution. (Constitution of Serbia, Article 182.2)
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