UN plan opens door to Kosovo secession, but no independence

Province to have own flag and anthem, but no union with any state

An ethnic Albanian man stands in front of a billboard, reading ‘12.45 Kosovo welcomes the future,’ yesterday, a reference to UN Resolution 1244.

A confidential United Nations report on the final status of Kosovo that was seen by Kathimerini yesterday opens the door to the province’s secession from Serbia but falls short of giving in to ethnic Albanian demands for outright independence.

According to the “comprehensive proposal for a Kosovo status settlement” drawn up by the UN envoy, former Finnish president Martti Ahtisaari, Kosovo will have its own “national symbols,” including a flag and anthem.

According to the blueprint, which will be officially unveiled tomorrow, Kosovo will have authority over law enforcement, security and justice. It will also have control over borders, a thorny issue for Belgrade, which has pledged to protect its territorial integrity. The plan states that Kosovo may seek membership of international organizations.

Serbia’s caretaker prime minister Vojislav Kostunica yesterday told potential coalition partners that they must be ready to take a harsh line on relations with any state that recognized the independence of Kosovo.

In a bow to Serbia’s concerns, the plan puts the brakes on ambitions of a greater Albania laying out that Kosovo shall seek “no union with” any other state, or part of state. The UN document also provides for the presence of NATO troops to back the implementation of the settlement. Below are the key points of the UN plan.

- Kosovo shall be a multiethnic society, which shall govern itself democratically, and with full respect for the rule of law, through its legislative, executive, and judicial institutions.

- Kosovo shall have its own, distinct national symbols, including a flag, seal and anthem, reflecting its multiethnic character.

- Kosovo shall have an open market economy with free competition.

- Municipalities shall form the basic territorial units of local self-government in Kosovo.

- Kosovo shall ensure the autonomy and protection of all religious denominations and their sites within its territory.

- All refugees and internally displaced persons from Kosovo shall have the right to return and reclaim their property and personal possessions in accordance with domestic and international law.

- Immovable and movable property of the Federal Republic of Yugoslavia or the Republic of Serbia located within the territory of Kosovo at the time of this settlement shall pass to Kosovo.

- Except as otherwise provided in this settlement, Kosovo shall have authority over law enforcement, security, justice, public safety, intelligence, civil emergency response and border control on its territory.

- All organizations not authorized by law to conduct activities in Kosovo in the security sector shall cease to operate.

- Immediately upon the entry into force of this settlement, the president of Kosovo, in consultation with the Presidency of the Assembly, shall convene a Constitutional Commission to draft a constitution, in consultation with the International Civilian Representative (ICR), in accordance with this settlement.

- The Constitutional Commission shall be composed of 21 Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society.

Fifteen members shall be appointed by the president of Kosovo, in consultation with the Presidency of the Assembly.

Three members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb community, and three members appointed by the Assembly members holding seats reserved for other Kosovo non-Albanian communities.

- The Assembly may not formally approve the constitution until such time as the International Civilian Representative has certified it as in accordance with the terms of this settlement.

The Assembly shall formally approve the constitution within a period of 120 days of the entry into force of this settlement by the current members of the Assembly of Kosovo with a two-thirds majority of those members present and voting, following appropriate consultations with Assembly members of communities who are not in the majority in Kosovo.

Upon formal approval, the constitution shall be deemed adopted by the Kosovo Assembly and shall enter into force on the first day immediately following the end of the transition period.

- No later than nine months from the entry into force of this settlement, Kosovo shall organize general and municipal elections in accordance with the terms of this settlement and the new municipal boundaries.

The elections shall be certified by a competent international authority as having met international standards.

- NATO shall establish an International Military Presence (IMP) to support implementation of this settlement.