First Agreement of Principles Governing the Normalization of Relations

  • Country/entity
    Kosovo
    Serbia
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    First Agreement of Principles Governing the Normalization of Relations
  • Date
    19 Apr 2013
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Interstate/intrastate conflict(s) ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Kosovo-Serbia Normalisation Process
  • Parties
    Agreement initialed by Prime Minister of Serbia Ivica Dačić and Prime Minister of Kosovo Hashim Thaçi
  • Third parties
    Agreement was mediated by European Union High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton
  • Description
    Also known as the 'Brussels Agreement', this agreement sets out a series of steps to facilitate normalization of the relationship between Kosovo and Serbia. The first six points establish an Association/Community of Serb majority municipalities in Kosovo, whilst other provisions in the agreement address integrating parallel structures in northern municipalities into the Kosovo Police force, the Kosovo legal framework, holding municipal elections, and implementation details.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Substantive
    Summary: This agreement in its entirity provides for sub-state governance through an Association/Community of Serb majority municipalities, and for integrating parallel structures in northern Serb majority municipalities into Kosovo legal structures.

    Page 1, 1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.

    Page 1, 9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Internal Affairs from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→New political institutions (indefinite)
    Page 1, 1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.

    Page 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).

    Page 1, 3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.

    Page 1, 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.

    Page 1, 5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.

    Page 1, 6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged.
  • Elections
    Page 2, 11. Municipal elections shall be organised in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society

    No specific mention.

  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    Page 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
    Power sharing→Political power sharing→Form of 'veto' or communal majority
    Sub-state level
    Page 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).
  • Territorial power sharing
    Power sharing→Territorial power sharing→Local/municipal government
    Page 1, 1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.

    Page 1, 2. The Community/Association will be created by statute. Its dissolution shall only take place by a decision of the participating municipalities. Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).

    Page 1, 3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.

    Page 1, 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.

    Page 1, 5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.

    Page 1, 6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities consultative council for this purpose. In the pursuit of this role a monitoring function is envisaged.
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts
    Page 1, 10-11. The Judicial authorities will be integrated and operate within the Kosovo legal framework. The Appellate Court in Pristina will establish a panel composed of a majority of K/S Judges to deal with all Kosovo Serb majority municipalities. A division of this Appellate Court, composed both by administrative staff and judges, will sit permanently in northern Mitrovica (Mitrovica District Court). Each panel of the above division will be composed by a majority of K/S judges. Appropriate judges will sit dependant on the nature of the case involved.
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1, 4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively. The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police
    Page 1, 7. There shall be one police force in Kosovo called the Kosovo Police All police in northern Kosovo shall be integrated in the Kosovo Police framework. Salaries will be only from the KP.

    Page 1, 9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic). The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Internal Affairs from a list provided by the four mayors on behalf of the Community/Association. The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri). The regional commander of the four northern municipalities will cooperate with other regional commanders.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.
  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Radio Television of Serbia
    http://www.rts.rs/upload/storyBoxFileData/2013/04/20/3224318/Originalni%20tekst%20Predloga%20sporazuma.pdf

First agreement of principles governing the normalization of relations

1. There will be an Association/Community of Serb majority municipalities in Kosovo Membership will be open to any other municipality provided the members are in agreement.

2. The Community/Association will be created by statute.

Its dissolution shall only take place by a decision of the participating municipalities.

Legal guarantees will be provided by applicable law and constitutional law (including the 2/3 majority rule).

3. The structures of the Association/Community will be established on the same basis as the existing statute of the Association of Kosovo municipalities e.g. President, vice President, Assembly, Council.

4. In accordance with the competences given by the European Charter of Local Self Government and Kosovo law the participating municipalities shall be entitled to cooperate in exercising their powers through the Community/Association collectively.

The Association/Community will have full overview of the areas of economic development, education, health, urban and rural planning.

5. The Association/Community will exercise other additional competences as may be delegated by the central authorities.

6. The Community/Association shall have a representative role to the central authorities and will have a seat in the communities consultative council for this purpose.

In the pursuit of this role a monitoring function is envisaged.

7. There shall be one police force in Kosovo called the Kosovo Police All police in northern Kosovo shall be integrated in the Kosovo Police framework.

Salaries will be only from the KP.

8. Members of other Serbian security structures will be offered a place in equivalent Kosovo structures.

9. There shall be a Police Regional Commander for the four northern Serb majority municipalities (Northern Mitrovica, Zvecan, Zubin Potok and Leposavic).

The Commander of this region shall be a Kosovo Serb nominated by the Ministry of Internal Affairs from a list provided by the four mayors on behalf of the Community/Association.

The composition of the KP in the north will reflect the ethnic composition of the population of the four municipalities. (

There will be another Regional Commander for the municipalities of Mitrovica South, Skenderaj and Vushtrri).

The regional commander of the four northern municipalities will cooperate with other regional commanders.

10. The Judicial authorities will be integrated and operate within the Kosovo legal framework.

The Appellate Court in Pristina will establish a panel composed of a majority of K/S Judges to deal with all Kosovo Serb majority municipalities.

A division of this Appellate Court, composed both by administrative staff and judges, will sit permanently in northern Mitrovica (Mitrovica District Court).

Each panel of the above division will be composed by a majority of K/S judges.

Appropriate judges will sit dependant on the nature of the case involved.

11. Municipal elections shall be organised in the northern municipalities in 2013 with the facilitation of the OSCE in accordance with Kosovo law and international standards.

12. An implementation plan including time frame shalt be produced by April 26.

In implementing this agreement the principle of transparent funding will be addressed.

13. Discussions on Energy and Telecoms will be intensified by the two sides and completed by June 15.

14. It is agreed that neither side will block, or encourage others to block, the other side's progress in their respective EU paths.

15. An implementation committee will be established by the two sides, with the facilitation of the EU.