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Main elements of self-governance in Kosovo and Metohija
March 20, 1999

(Reuters)
(Reuters)



I PRINCIPLES OF THE SELF-GOVERNANCE

1. Respecting the multi-ethnic content of Kosovo and Metohija, the self-governance is based on the citizen home-rule in Kosovo and Metohija and on the home-rule of the national communities.

2. Respecting the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and of the Republic of Serbia, the self-governance is based on the wide authorization and rights of the organs and of the national communities in Kosovo and Metohija alongside with the authorization and rights of the federal organs and of the organs of the Republic of Serbia in Kosovo and Metohija.

3. The self-governance in Kosovo and Metohija is to be carried out through the Assembly, legislative, judicial and other organs and through institution of Kosovo and Metohija. Therefore, the names and authorization of those organs shall respect the sovereignty, territorial integrity and constitution of the Federal Republic of Yugoslavia and of the Republic of Serbia.

4. Respecting the legitimate efforts of every national community in Kosovo and Metohija to express and protect its interests, the self-governance in Kosovo and Metohija is based on the equality of all national communities and on the impossibility of imposing some interests of one community to others.

5. Elements of the self-governance in Kosovo and Metohija represent the basis for the Basic Act, which shall establish the status of Kosovo and Metohija within the Republic of Serbia.

II VALIDITY AND IMPLEMENTATION OF THE FEDERAL AND REPUBLICAN LAWS AND OF THE KOSOVO AND METOHIJA REGULATIONS

1. All federal laws are valid and carried out, in accordance with the Constitution of the Federal Republic of Yugoslavia, in the whole territory of the Federal Republic of Yugoslavia, including the territory of Kosovo and Metohija as an integral part of the Serbian and Yugoslavian territory.

2. All Serbian laws, adopted in accordance with the federal Constitution, whose validity and implementation is possible on the personal principles, are valid and implemented in Kosovo and Metohija for those persons that choose the implementation of those regulations for themselves. These laws are implemented in the institution, services and organizations founded or financed by the Republic of Serbia (e.g. laws in the sphere of education, science, culture, health service, family and matrimonial relations, adoptions, tutorship, child- and youth-care, help for the handicapped, inheritance, work relations, social service, insurance, and other).

In the above mentioned spheres, the Kosovo and Metohija Assembly is to adopt its own regulations that are valid and implemented for those persons, who chose those regulations or in those institutions, organizations and services that were founded or financed by Kosovo and Metohija.

3. In the spheres, where the validity and implementation is not possible on the personal principles, the Assembly of Kosovo and Metohija shall bring its regulations, valid for all persons in Kosovo and Metohija provided that each national community is protected from discriminating (e.g. agriculture, enviroment protection, hunting and fishing, using and arranging of the land, public information services, constucting, organizing of the organs in Kosovo and Metohija, public services and other spheres).

4. Each national community may bring special regulations in order to protect national characteristics (e.g. in the sphere of family and matrimonial rights, adoption, tutorship and inheritance).

III IMPLEMENTING OF THE FEDERAL AND REPUBLICAN LAWS AND OF THE KOSOVO AND METOHIJA REGULATIONS

1. In the whole territory of the Federal Republic of Yugoslavia and in Kosovo and Metohija as well, federal laws are carried out by federal organs through their regional organs that bring regulations for implementing with special acts, and supervise organization and inspection.

2. Republican laws, which are implemented on the personal principles in Kosovo and Metohija and in Serbia, are carried out by the republican organs that bring regulations for implementing with special acts, and supervise organizing and inspecting.

3. Provincial regulations, which are implemented on the personal principle and provincial regulations valid for all persons in Kosovo and Metohija, are carried out by the Kosovo and Metohija organs that bring regulations for implementing with special acts, and supervise organizing and inspecting.

4. Special regulations of a national community are carried out by the organs of that national community.

IV COURTS AND SANCTIONS

1. Functions of courts in Kosovo and Metohija are carried out through the courts of the Republic of Serbia, the Kosovo and Metohija courts and the national communities' courts.

Courts in Kosovo and Metohija, with the exception of the national communities' courts, apply the federal and republican laws and provincial regulations.

2. Citizens in Kosovo and Metohija have the right to choose the court that they will go to. On the beginning of a litigation (out-of-court, in-court or criminal), each citizen in Kosovo and Metohija, as a plaintiff, litigant or defendant, can choose to go to the court of the Republic of Serbia or to the court of Kosovo and Metohija.

If the other litigants in the trial (defendant or plaintiff) do not belong to the same national community as the plaintiff or defendant, they are allowed to ask for members of their national community to be in the jury. They have other rights in the trial, as set in the laws on litigations.

The national community courts may be established by those national communities that set the existence of the special regulations. The members of a national community that accepted the regulations and admitted themselves under the jurisdiction of those courts should go to the courts.

3. The Kosovo and Metohija Assembly is to establish and organize the courts of Kosovo and Metohija, and it is to elect the judges and judges of the jury. The courts of Kosovo and Metohija are to be established as courts of original jurisdiction, appellate courts and as the Supreme Court of Kosovo and Metohija.

The Supreme Court of Kosovo and Metohija, beside the jurisdiction in regular legal proceedings, has to establish a special Council, made up of five judges, in order to secure the accordance of all regulations brought by the Kosovo and Metohija organs with the Basic act. It has to secure the accordance of other regulations and acts brought by the Kosovo and Metohija organs with the regulations brought by the Assembly of Kosovo and Metohija. Within this jurisdiction, the Council can abolish any regulation or act brought by the Kosovo and Metohija organs.

All regulations and acts of the organs of Kosovo and Metohija, which are brought from the jurisdiction of the federal and republican organs as determined by the Constitution of the Federal Republic of Yugoslavia and by the Constitution of the Republic of Serbia, are not valid. All federal and republican acts, which are brought in the sphere of the Kosovo and Metohija jurisdiction of regulations, are not valid.

4. Public prosecution functions are carried out by the federal, republican public prosecutor and by the public prosecutor of Kosovo and Metohija. Federal and republican public prosecutor is to go to the courts of the republic and to the courts of Kosovo and Metohija, and the public prosecutor of Kosovo and Metohija is to go to the courts of Kosovo and Metohija.

5. A citizen of Kosovo and Metohija, who is sentenced to prison by the verdict reached in the court of the Republic of Serbia or in the court of Kosovo and Metohija, must be committed to prison established by the Republic of Serbia and in accordance with the regulations on sanctions brought by the Republic of Serbia if he or she is sentenced in the republican court. A citizen of Kosovo and Metohija must go to the prison established by the Assembly of Kosovo and Metohija and in accordance with the regulations brought by the Assembly if he or she is sentenced in the court of Kosovo and Metohija.

V LOCAL POLICE

1. In the municipalities in Kosovo and Metohija, a local police may be established as organs for carrying out special police works in the territory of a municipality.

Chiefs and heads of the sections are to be appointed by the municipal organ with the interior affairs jurisdiction and with the consent of all national communities' representatives from the municipality.

The contents of the local police staff have to represent the contents of the nationalities living in the municipality.

In the local police of a municipality of mixed national contents, units of the same nationality are formed. Those units should deal with their national community.

Members of different nationalities are dealt with the local police officers from each unit.

2. Local police is to be responsible for public order maintenance in the smaller range, for investigations and other police work concerning light criminal acts, patrol activity, fire prevention, traffic securing on local roads, issuing the identification cards and unique citizen number.

The other police work* in municipalities with the local police and all the police work in municipalities with no local police are carried out by the state police. In larger municipalities, patrol activity is to be carried out by local and state police with mixed national contents.

The relations between the state and local police are based on co-operation and informing on all issues relevant to their work.

3. Members of the local police may use, as means of coercion, guns, rubber truncheons, handcuffs and passenger transportation vehicles, and adequate means of communication.

Local police members will be trained in adequate police schools, and they will receive special training how to carry out police work in mixed national communities.

The municipality that formed local police is to establish a commission in order to supervise its work. The commission has to be made up of the representatives of all national communities living in the municipality.

VI THE ASSEMBLY OF KOSOVO AND METOHIJA, PRESIDENT, MINISTER COUNCIL AND ORGANS OF ADMINISTRATION

1. Kosovo and Metohija has the Assembly consisting of 130 members. 95 members are elected by the citizens of Kosovo and Metohija as one election unit. 35 members are elected by the every national community. Albanians, Serbs, Turks, Romanies, Egyptians, Gorancies and Muslims are to elect five representatives each.

The Assembly of Kosovo and Metohija is to decide upon the issues within its jurisdiction by the majority of votes of those that are present and voting.

When the Assembly brings regulations valid and implemented for all persons in Kosovo and Metohija (when there is no possible option for regulations of the Republic of Serbia), such regulations are taken by the majority of votes of those that are present and voting. At least three members of the same national community can begin a special proceeding for protecting the vital national interest in the case of:

- if it concerns the election of organs in Kosovo and Metohija, and equal contents of national communities in them;

- if it concerns migrations;

- if rights implementing is hindered;

- if security is in danger;

- if life conditions are worsened;

- if it concerns budget of Kosovo and Metohija.

The special proceeding is led by the President of the Assembly with the Assembly vice-presidents, proceeding initiator and by the representatives of the national communities. They will make effort to remove the reasons for national interest endangering. They are obliged to take care of the common interest and of the vital national interest.

If this proceeding fails (within 30 days form its beginning), the regulation is not brought and a new proposition can be taken in the Assembly six months after the day when it was asserted that the reasons for vital national interests endangering were not removed.

2. The Assembly of Kosovo and Metohija elects a president and six vice-presidents, one form each national community, according to the proposition made by members elected for the period of four years by national communities. No one can be elected president or vice-president of the Assembly more than twice.

President and vice-presidents of the Kosovo and Metohija Assembly are to agree which one will be appointed to which duty.

President of the Assembly is to announce regulations brought by the Kosovo and Metohija Assembly. He is to propose the agenda and to chair the sessions of the Assembly, to keep constant meeting with the President of the Serbian Parliament and with the Presidents of the Federal Parliament Council. He is to keep contacts with national communities organs, to propose candidates for the President of the Minister Council, to propose candidates for judges of the Kosovo and Metohija courts, to propose candidates for public prosecutors of Kosovo and Metohija and to carry out other tasks set in the Basic act and in other regulations.

3. Minister Council has an executive power. It is responsible for the Kosovo and Metohija regulations executing and for proposing of the regulations to the Assembly of Kosovo and Metohija.

Minister Council consists of the president and ministers. Candidates for the president of the Minister Council are proposed by the President of the Kosovo and Metohija Assembly. The candidate for the president of the Minister Council makes a list of candidates for ministers, taking care that each national community is represented by at least one candidate. The list is filed to the Assembly. President of the Minister Council may not be of the same national community as the President of the Kosovo and Metohija Assembly. The Minister Council is elected when the list is adopted by the majority of the complete number of the Assembly members, which means that each national community must accept the list in the majority.

4. Administrative organs are responsible for immediate law implementation and for decisions in administrative issues. When public officers are being appointed to their positions, each national community shall be represented by its members.

VII ADDITIONAL RIGHTS OF NATIONAL COMMUNITIES

1. Members of national communities enjoy additional rights granted by this Agreement. The additional rights preserve and express the national, cultural, religious, linguistic and other characteristics of the members of national communities in accordance with international standards and Final Act from Helsinki.

2. National communities are legally equal and they may not use their rights in order to endanger additional rights of other national communities or rights of citizens of the Republic of Serbia and of the Federal Republic of Yugoslavia.

3. Each national community is to elect National Council, which shall decide upon additional rights of the national communities in Kosovo and Metohija. Each National Council shall form its executive organs.

4. Additional rights of national communities include:

- Using their language and alphabet;

- Inscribing local names of towns and villages, squares and streets, and of other topographic names, in the language and alphabet of the national community, along with inscriptions in Serbian;

- Providing information in the language and alphabet of the national community;

- Establishment of educational, cultural and religious associations, to which the State authorities will provide financial assistance;

- Maintenance of unimpeded contacts with their respective national communities outside the Federal Republic of Yugoslavia;

- Using and displaying national symbols, along with the State symbols of Serbia and the FR of Yugoslavia;

-Providing education, in particular for schooling in their own language and alphabet, in subjects related to national culture and history;

- Protecting the sites of religious, historical, or cultural importance to national communities;

- Operation of religious institutions in cooperation with religious authorities;

- Guaranteeing the right to at least one radio and TV frequency, which it shall administer subject to non-discriminatory technical standards;

- Financing activities of national communities by collecting duties which the National Council decides to levy on members of its own community;

- Participating in regional and international non-governmental organizations in accordance with the procedures of these organizations.

VIII MUNICIPALITIES

1. A municipality represents a local self-governing unit.

The Kosovo and Metohija Assembly may change the boundaries of the municipalities only with their prior consent.

2. Each municipality shall have its assembly, executive board and administrative organs. The organs of a municipality shall be formed in accordance with the principles for organ forming in Kosovo and Metohija.

3. Through its organs and in accordance with the regulations, each municipality shall:

- bring development program, town plans, budget and annual account;

- organize and conduct public works;

- organize and conduct the land use for constructing;

- organize constructing, maintaining and using local roads and streets and other public property of municipal importance;

- form organs, organizations and services for the need of municipalities.

The Assembly of Kosovo and Metohija may entrust a municipality with certain tasks from its jurisdiction.

IX REPRESENTING OF THE KOSOVO AND METOHIJA CITIZENS IN THE FEDERAL AND REPUBLIC ORGANS

1. The citizens of Kosovo and Metohija are represented by at least ten members in the Chamber of Citizens in the Federal Parliament and by at least twenty members in the Serbian Parliament.

2. At least one member of the Federal Government and of the Serbian Government is elected from Kosovo and Metohija.

3. At least one judge for the Federal Court and at least three judges for the Supreme Court are elected from Kosovo and Metohija.

X CENSUS AND FIRST PARLIAMENTARY ELECTIONS

1. State organs with OSCE shall organize objective census of Kosovo and Metohija population as soon as possible. This census shall include facts about residence, citizenship, nationality and other relevant issues for elections.

2. Free and just elections shall be organized under OSCE supervision nine months after the Agreement on Kosovo and Metohija is signed.

3. Rules for the Assembly in Kosovo and Metohija elections and for the municipal assemblies in Kosovo and Metohija are set by all representatives of national communities and of political parties, in accordance with OSCE election standards.


(* State security, foreigners, border lines, grave criminal acts, weapons, ammunition, explosives and other dangerous substances, highway traffic, passports, etc.)


 


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