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11 years since the review of Ahtisaari's plan at the UN

Photo: Driton Pacharada / Koha

Eleven years ago, the Ahtisaari plan was discussed in the UN Security Council. Behind closed doors on April 3, 2007, the special envoy for Kosovo, Marti Ahtisaari, was heard unveiling the plan expected to give Kosovo supervised independence.

It was planned that Fatmir Sejdiu would also speak, but after the protests of Serbia and Russia, it was decided that he would not speak and that his speech would be read by the PSSP, Joachim Ruecker.

Serbia's nationalist prime minister, Vojslav Kostunica, opposed the plan and demanded new negotiations and chief negotiators. Western countries such as the USA, Great Britain, France are supporting Ahtisaari's plan. According to Ahtissar and his team, the aim of the comprehensive proposal for the agreement on the status of Kosovo is to define the necessary requirements for a future Kosovo that is possible, sustainable and stabilized. It includes detailed measures to ensure the promotion and protection of the rights of communities and their members, the effective decentralization of government and the preservation and protection of cultural and religious heritage.

Furthermore, the Agreement outlines constitutional, economic and security measures, which together aim to contribute to the development of a multi-ethnic, democratic and prosperous Kosovo. An important element of the Agreement is the mandate given to an international civilian and military presence in Kosovo to oversee the implementation of the Agreement and to assist the competent Kosovar authorities in ensuring peace and stability throughout Kosovo. The provisions of the Agreement shall take precedence over all other legal provisions in Kosovo.

Main parts of the agreement:

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Kosovo will be a multi-ethnic society, which governs itself democratically and with full respect for the legal order, the highest level of human rights and fundamental freedoms accepted by the international world, and which promotes peaceful existence and prosperous to all its inhabitants.

Kosovo will have the right to discuss and approve international agreements, including the right to seek membership in international organizations.

The protection and support of the rights of community members is a central element of the Agreement. The agreement sets out key aspects to be protected, including culture, language, education and symbols. It also describes specific mechanisms of representation of members of the non-Albanian communities of Kosovo in the main public institutions to maintain and support their effective and active participation in public life. In order to protect the rights of non-Albanian Kosovar communities in the legislative process, the Agreement also allows certain laws to enter into force only if a majority of non-Albanian Kosovar members of the Kosovar Assembly agree to their adoption.

The elements of the Agreement for the protection and promotion of religious and cultural heritage will ensure the unhindered and undisturbed existence of the Serbian Orthodox Church (SOC) in Kosovo. More than forty key religious and cultural sites will be surrounded by the Protection Zone to prevent harmful commercial and industrial development or construction, and to preserve the cultural dignity of these sites. The agreement also guarantees enhanced physical security for selected locations at risk of any incident/attack on KOS property in Kosovo. KOS and its internal organization will be openly recognized by the Kosovar authorities and will be recognized with the right or inviolability of property, freedom from taxation and customs privileges, just like any religious organization in the world.

All refugees and internally displaced persons in Kosovo will have the right to return and regain their possessions and personal property. The agreement also calls on Kosovo and Serbia to cooperate fully with the International Committee of the Red Cross to resolve the fate of the missing persons.

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A new and multi-ethnic Kosovo Security Force (KSF) will be created within a year. There will be a maximum of 2,500 active members and 800 reservists. The agreement calls for the Kosovo Defense Corps (KMC) that exists today to be disbanded within one year.

Acknowledging the fact that the fulfillment of Kosovo's responsibilities under the Agreement requires a wide range of complex and difficult activities, the Agreement establishes a future international presence to oversee and support the appropriate efforts of the Kosovar authorities. This presence includes three main components:

An International Civilian Representative (PNC), also known as the EU Special Representative, will be appointed by an International Steering Group (IGG), which includes key international actors. PCN will have the highest supervisory authority over the implementation of the Agreement. Unlike the PSSP, this representative will have the authority to replace all those institutional representatives who, according to the international community, act against the Ahtisaari package and the implementation of the legislation that comes from it.

Once the Agreement enters into force, there will be a transition period of 120 days, during which the existing mandate of UNMIK will remain unchanged. However, in order to ensure immediate supervision of the implementation of the Agreement by Kosovo, the PNC will have the authority to monitor this implementation and make recommendations to UNMIK for actions to be taken to ensure compliance with the Agreement.

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During the transition period, the Kosovar Assembly, in consultation with the PNC, will have the responsibility to approve a Constitution and the necessary legislation for the implementation of the Agreement. The new constitution and legislation will enter into force immediately after the end of the transition period.

Within nine months of the entry into force of the Agreement, general and local elections must be held.