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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Interim Agreement for Peace and Self-Government in Kosovo ('Rambouillet Accord')
Record 411

Country :

Kosovo

Agreement Title/Name:
Interim Agreement for Peace and Self-Government in Kosovo ('Rambouillet Accord')
Year :
1999
Date Signed :

23 February 1999

Summary :

A comprehensive agreement of 50 pages covering the following matters: principles including equality, respect for human rights and right to democratic self-government; confidence-building measures including an end to the use of force and return of refuges; a constitution; police and civil public security; conduct and supervision of elections; economic issues; humanitarian assistance, reconstruction and economic development and ombudsman. Included information on the implementation of the agreement with reference to a cessation of hostilities, demilitarisation of forces, and prisoner releases.


Parties :
FRY, Rep of Serbia, Kosovo Liberation Army [check?]
Third Parties :
Statehood/Identity :
Preamble contains commitment to sovereignty and international integrity of FRY. Framework, Art. 1 Principles: Citizens in Kosovo shall have the right to democratic self-government through legislative, executive, judicial, and other institutions established in accordance with this Agreement. They shall have the opportunity to be represented in all institutions in Kosovo. The right to democratic self-government shall include the right to participate in free and fair elections. Chapter 1: Constitution, art.1 There shall be no changes to the borderss of Kosovo. Chapter 1. Art.VII. National Communities are entitled to use and display national symbols, including symbols of the Federal Republic of Yugoslavia and the Republic of Serbia;
Governance/Democratic Inst :
Framework, art.2 (7). Federal organs shall not take any decisions that have a differential, disproportionate, injurious, or discriminatory effect on Kosovo. Such decisions, if any, shall be void with regard to Kosovo. Chapter 1: Constitution, art.1 sets out Principles of Democratic Self-Govt in Kosovo: The FRY retains competence over a) territorial integrity, (b) maintaining a common market within the Federal Republic of Yugoslavia, which power shall be exercised in a manner that does not discriminate against Kosovo, (c) monetary policy, (d) defense, (e) foreign policy, (f) customs services, (g) federal taxation, (h) federal elections, and (i) other areas specified in this Agreement. (8). The basic territorial unit of local self-government in Kosovo shall be the commune. All responsibilities in Kosovo not expressly assigned elsewhere shall be the responsibility of the communes. (9)(a) No person who is serving a sentence imposed by the International Criminal Tribunal for the Former Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may stand as a candidate or hold any office. Art.2 establishes an Assembly for Kosovo with 120 members, and quotas for qualifying national communities. (7). A majority of the Members of a single national community elected to the Assembly may adopt a motion that a law or other decision adversely affects the vital interests of their national community. The challenged law or decision shall be suspended with regard to that national community until the dispute settlement procedure is completed. (10) The President of the Assembly shall not be from the same national community as the President of Kosovo. Art. VIII sets out governance of communes. Chapter 3. Conduct and Supervision of Elections: art.1 sets out conditions for free and fair elections, complying with OSCE comitments, and providing for the OSCE to certify when elections will be effective
Women :
Not Applicable
Amnesty :
Framework Art.2 (12). Each Party: (a) shall not prosecute anyone for crimes related to the conflict in Kosovo, except for persons accused of having committed serious violations of international humanitarian law. In order to facilitate transparency, the Parties shall grant access to foreign experts (including forensics experts) along with state investigators; (b) shall grant a general amnesty for all persons already convicted of committing politically motivated crimes related to the conflict in Kosovo. This amnesty shall not apply to those properly convicted of committing serious violations of international humanitarian law at a fair and open trial conducted pursuant to international standards.
Past Mechanism :
Framework Art.2 (13) the Parties shall fully cooperate with the International Criminal Tribunal for the Former Yugoslavia in its investigations and prosecutions, including complying with its requests for assistance and its orders.
Prisoner Release :
Framework, Art.2 (10). All abducted persons or other persons held without charge shall be released. The Parties shall also release and transfer in accordance with this Agreement all persons held in connection with the conflict. The Parties shall cooperate fully with the International Committee of the Red Cross (ICRC) to facilitate its work in accordance with its mandate, including ensuring full access to all such persons, irrespective of their status, wherever they might be held, for visits in accordance with the ICRC's standard operating procedures. Chapter 7: Art. XII Timetable for prisoner release.
Victims :
Not Applicable
Criminal Justice Reform :
Chapter 1, art.5 Judiciary: Kosovo shall have A Constitutional Court, a Supreme Court, District Courts, and Communal Courts. The Constitutional Court shall consist of nine judges. There shall be at least one judge from each qualifying national community. Five of these judges shall be selected from a list drawn up by the President of the ECHR. The Supreme Court shall consist of nine judges. There shall be at least one Supreme Court judge from each national community meeting the threshold. Art.9(3) The Assembly shall be entitled to short-list one candidate for the Federal Constitutional Court, the Federal Court, and three candidates for the Supreme Court of Serbia.
National Human Rights Inst :
Chapter 1. Art.5 (7). Following the exhaustion of other legal remedies, the Constitutional Court shall at the request of any person claiming to be a victim have jurisdiction over complaints that human rights and fundamental freedoms and the rights of members of national communities set forth in this Constitution have been violated by a public authority. Chapter 6: The Ombudsman: There shall be an Ombudsman, who shall monitor the realization of the rights of members of national communities and the protection of human rights and fundamental freedoms in Kosovo. The Ombudsman shall consider: (a) alleged or apparent violations of human rights and fundamental freedoms in Kosovo, as provided in the Constitutions of the Federal Republic of Yugoslavia and the Republic of Serbia, and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto; and (b) alleged or apparent violations of the rights of members of national communities specified in this Agreement.
Human Rights Framework :
Preamble contains commitment to respect HR of all persons in Kosovo. Framework, art. 1 Principles: all citizens of Kosovo shall enjoy rights and freedoms set forth in this agmt without discrimination. All authorities in Kosovo shall dully respect HR, democracy and equality. Every person in Kosovo may have access to intl institutions for the protection of their rights in accordance with the procedures of such institutions. Chapter 1: Constitutional Guarantee of human rights and equality. Chapter 1, Art.6: HR and Fundamental Freedoms:The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Kosovo. Other internationally recognized human rights instruments enacted into law by the Kosovo Assembly shall also apply. These rights and freedoms shall have priority over all other law. Article VII: National Communities: 1. National communities and their members shall have additional rights as set forth below in order to preserve and express their national, cultural, religious, and linguistic identities in accordance with international standards and the Helsinki Final Act. Such rights shall be exercised in conformity with human rights and fundamental freedoms. Chapter 2. Police and Civil Public Security: Police to operate to international standards of HR and due process. OSCE to monitor and supervise implementation of this chapter. Art.7 Prisons shall be operated consistent with international standards. Access shall be provided to international personnel, including representatives of the International Committee of the Red Cross.
Judicial Reform :
Chapter 1, art.5 Judiciary: Kosovo shall have A Constitutional Court, a Supreme Court, District Courts, and Communal Courts. The Constitutional Court shall consist of nine judges. There shall be at least one judge from each qualifying national community. Five of these judges shall be selected from a list drawn up by the President of the ECHR. The Supreme Court shall consist of nine judges. There shall be at least one Supreme Court judge from each national community meeting the threshold. Art.9(3) The Assembly shall be entitled to short-list one candidate for the Federal Constitutional Court, the Federal Court, and three candidates for the Supreme Court of Serbia.
Policing :
Chapter 2. Police and Civil Public Security: Police to operate to international standards of HR and due process. The OSCE Implementation Mission is to participate in and guide the training of law enforcement personnel. Art. 2 provides for the establishment of communal police. Chapter 2, art.2 A Criminal Justice Administration is to established, to provide general coordination of law enforcement operations in Kosovo. Specific functions of the CJA shall include general supervision over, and providing guidance to, communal police forces through their commanders, assisting in the coordination between separate communal police forces, and oversight of the operations of the police academy. Recruitment for public security personnel will be conducted primarily at the local level. Local and communal governments, upon consultation with communal Criminal Justice Commissions, will nominate officer candidates to attend the Kosovo Police Academy. There shall be no bar to service in the communal police based on prior political activities. Members of the police shall not, however, be permitted while they hold this public office to participate in party political activities other than membership in such a party. Art. III describes the Interim Police Academy. Article V: Police Operations in Kosovo 1. The communal police established by this Agreement shall have exclusive law enforcement authority and jurisdiction and shall be the only police presence in Kosovo following the reduction and eventual withdrawal from Kosovo (escept border police, where the Rep of Serbia border police shall continue to operate). Chapter 7, art. 6 provides timetable for redeplyment of police under the control of Federal or Republic authorities to approved cantonment sites, and the IM to resump normal policing.
Refugees/Land :
Framework, Art. 2 Confidence-building Measures: 3. The Parties recognize that all persons have the right to return to their homes. Appropriate authorities shall take all measures necessary to facilitate the safe return of persons, including issuing necessary documents. All persons shall have the right to reoccupy their real property, assert their occupancy rights in state-owned property, and recover their other property and personal possessions. The Parties shall take all measures necessary to readmit returning persons to Kosovo. Chapter 4A. Humanitarian Assistance, Reconstruction and Economic Development. The intl community will provide immediate and unconditional humanitarian assistance, focusing primarily on refugees and IDPs returning to their former homes.
Civil Society :
Framework Art. 2.(4). The Parties shall cooperate fully with international and non-governmental organizations concerning the repatriation and return of persons, including those organizations monitoring of the treatment of persons following their return. (6). All staff, whether national or international, working with international or non-governmental organizations including with the Yugoslav Red Cross, shall be allowed unrestricted access to the Kosovo population for purposes of international assistance. (7) The FRY shall provide all necessary facilities, including frequencies for radio communications, to all humanitarian organizations responsible for delivering aid in Kosovo. Chapter 4A. Assistance will be provided to reinforce civil society. Chapter 6: The Ombudsman: The Ombudsman may act either on his or her own initiative or in response to an allegation presented by any Party or person, non-governmental organization, or group of individuals claiming to be the victim of a violation or acting on behalf of alleged victims who are deceased or missing.
Dev& Socio-Economic Rights :
Chapter 4: Economic Issues: art.1 the economy of Kosovo shall function with free market principles. Art.2 the parties agree to reallocate ownership and resoures in accordance insofar as possible with the distribution of powers and responsibilities set forth in this agmt. Chapter 4A. Humanitarian Assistance, Reconstruction and Economic Development. Detailed intl involvement (see 'intl community'), rapid improvement of living conditions, unemployment and social welfare will be addressed.
Enforcement Mechanism :
Chapter 2. Police and Civil Public Security: Police to operate to international standards of HR and due process. OSCE to monitor and supervise implementation of this chapter. Chapter 3. Conduct and Supervision of Elections: art.1 sets out conditions for free and fair elections, complying with OSCE comitments, and providing for the OSCE to certify when elections will be effective. The parties request the OSCE to establish a Central Election Commission in Kosovo, also providing election observers. Chapter 5 Implementation: Art.1 Institutions: Implementation Mission (IM): (1). The Parties invite the OSCE, in cooperation with the European Union, to constitute an Implementation Mission in Kosovo. All responsibilities and powers previously vested in the Kosovo Verification Mission and its Head by prior agreements shall be continued in the Implementation Mission and its Chief. (2) Joint Commission established to serve as the central mechanism for monitoring and coordinating the civilian implementation of this Agreement. A Kosovo Joint Council and Local Councils for informal dispute resolution and cooperation may be established as necessary. (art. 2 detailing responsibilities and powers of the implementation institutions). Art. IV sets out the process of implementation. Article V: Authority to Interpret: The Chief of IM shall be the final authority in theater regarding interpretation of the civilian aspects of this Agreement, and the Parties agree to abide by his determinations as binding on all Parties and persons. Chapter 7 arts. 4,5,6 set out timetable for redeployment, withdrawal, or demilitarization of the parties forces. Art. 1The United Nations Security Council is invited to pass a resolution under Chapter VII of the Charter endorsing and adopting the arrangements set forth in this Chapter, including the establishment of a multinational military implementation force in Kosovo. The Parties agree that NATO will establish and deploy a force (hereinafter "KFOR") which may be composed of ground, air, and maritime units from NATO and non-NATO nations, operating under the authority and subject to the direction and the political control of the North Atlantic Council (NAC) through the NATO chain of command. Art. VIII: Operations and Authority of KFOR. KFOR will deploy and operate without hindrance and with the authority to take all necessary action to help ensure compliance with the chapter. (a) to help create secure conditions for the conduct by others of other tasks associated with this Agreement, including free and fair elections; (b) to assist the movement of organizations in the accomplishment of humanitarian missions; (c) to assist international agencies in fulfilling their responsibilities in Kosovo; (d) to observe and prevent interference with the movement of civilian populations, refugees, and displaced persons, and to respond appropriately to deliberate threat to life and person. Article XI: Establishment of a Joint Military Commission: 3. The JMC shall: (a) serve as the central body for all Parties to address any military complaints, questions, or problems that require resolution by the COMKFOR, such as allegations of cease-fire violations or other allegations of non-compliance with this Chapter; (b) receive reports and make recommendations for specific actions to COMKFOR to ensure compliance by the Parties with the provisions of this Chapter; (c) assist COMKFOR in determining and implementing local transparency measures between the Parties. Art. XII Timetable for prisoner release. Chapter 8. Three years after the entry into force of this Agreement, an international meeting shall be convened to determine a mechanism for a final settlement for Kosovo, on the basis of the will of the people, opinions of relevant authorities, each Party's efforts regarding the implementation of this Agreement, and the Helsinki Final Act, and to undertake a comprehensive assessment of the implementation of this Agreement and to consider proposals by any Party for additional measures.
International Community :
Preamble reaffirms commitment to Purposes and principles of the OSCE, incl. the Helsinki Final Act, and the Charter of Paris for a new Europe, and notes that the agmt was concluded under the auspices of the Contact Group and EU. Framework, art. 1 Principles: Every person in Kosovo may have access to intl institutions for the protection of their rights in accordance with the procedures of such institutions. Chapter 1, art.5 Judiciary: The Constitutional Court shall consist of nine judges. Five of these judges shall be selected from a list drawn up by the President of the ECHR. Chapter 1, Art.6: HR and Fundamental Freedoms:The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Kosovo. Other internationally recognized human rights instruments enacted into law by the Kosovo Assembly shall also apply. These rights and freedoms shall have priority over all other law. Chapter 2. Police and Civil Public Security: Police to operate to international standards of HR and due process. OSCE Implementation Mission to monitor and supervise implementation of this chapter, and to participate in and guide the training of law enforcement personnel. Chapter 2. Police and Civil Public Security: Art.7 Prisons shall be operated consistent with international standards. Access shall be provided to international personnel, including representatives of the International Committee of the Red Cross. Chapter 3. Conduct and Supervision of Elections: art.1 sets out conditions for free and fair elections, complying with OSCE comitments, and providing for the OSCE to certify when elections will be effective. The parties request the OSCE to establish a Central Election Commission in Kosovo, also providing election observers. Chapter 4A. Humanitarian Assistance, Reconstruction and Economic Development. Intl assistance will be provided without discrimination between national communities. The European Commission is to coordinate intl support for the parties' efforts, specifically it will organize an intl donors conference. The intl community will provide immediate and unconditional humanitarian assistance, focusing primarily on refugees and IDPs returning to their former homes. (7). International assistance, with the exception of humanitarian aid, will be subject to full compliance with this Agreement as well as other conditionalities defined in advance by the donors and the absorptive capacity of Kosovo. Chapter 5 Implementation: Art.1 Institutions: Implementation Mission: (1). The Parties invite the OSCE, in cooperation with the European Union, to constitute an Implementation Mission in Kosovo. All responsibilities and powers previously vested in the Kosovo Verification Mission and its Head by prior agreements shall be continued in the Implementation Mission and its Chief. (2) Joint Commission established to serve as the central mechanism for monitoring and coordinating the civilian implementation of this Agreement. Chapter 7. Implementation II: The Parties invite NATO to constitute and lead a military force to help ensure compliance with the provisions of this Chapter. The Parties agree that NATO will establish and deploy a force (hereinafter "KFOR") which may be composed of ground, air, and maritime units from NATO and non-NATO nations, operating under the authority and subject to the direction and the political control of the North Atlantic Council (NAC) through the NATO chain of command. Appendix B details Status of Multi-National Military Implementation Force. Chapter 8: Three years after the entry into force of this Agreement, an international meeting shall be convened to determine a mechanism for a final settlement for Kosovo, on the basis of the will of the people, opinions of relevant authorities, each Party's efforts regarding the implementation of this Agreement, and the Helsinki Final Act, and to undertake a comprehensive assessment of the implementation of this Agreement and to consider proposals by any Party for additional measures.
UN Involvement :
Preamble reaffirms commitment to Purposes and principles of the UN. Framework Art. 2. 4. The Parties shall cooperate fully with all efforts by the United Nations High Commissioner for Refugees (UNHCR). Chapter 7. Implementation II: The United Nations Security Council is invited to pass a resolution under Chapter VII of the Charter endorsing and adopting the arrangements set forth in this Chapter, including the establishment of a multinational military implementation force in Kosovo.
Source :
USIP


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