MINELRES: Latest news from the CoE FCNM secretariat: Minority rights in Kosovo

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Wed Dec 1 21:16:42 2004


Original sender: Nicola Markes-Goerlach <Nicola.MARKES-GOERLACH@coe.int>


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MINORITY RIGHTS IN KOSOVO: CONSULTATION MEETING ORGANISED BY THE COUNCIL
OF EUROPE, UNMIK AND THE OSCE

STRASBOURG, 01.12.2004 - A consultation meeting will be organised on 3-4
December 2004 in Pristina, Kosovo in order to discuss the preparation of
a report on the implementation of the Framework Convention for the
Protection of National Minorities. 

The submission of such a report is required under the Agreement (text
below) signed between the United Nations Interim Mission in Kosovo
(UNMIK) and the Council of Europe on 23 August 2004: in accordance with
the Agreement, UNMIK shall transmit a report to the Council of Europe on
the legislative and other measures that have been taken to give effect
to the principles set forth in the Framework Convention. The report is
due in February 2005.

The meeting will bring together all relevant stakeholders, including
representatives of the Provisional Institutions of Self-Government
(PISG) and international organisations working in Kosovo, NGOs and
representatives of all communities in Kosovo. 

The Council of Europe delegation to the meeting will include Professor
Rainer Hofmann, former President of the Advisory Committee on the
Framework Convention.


Text of the Agreement:

Agreement between the United Nations Interim Administration Mission in
Kosovo (UNMIK) and the Council of Europe on technical arrangements
related to the Framework Convention for the Protection of National
Minorities


The United Nations Interim Administration Mission in Kosovo ("UNMIK")
and the Council of Europe, collectively referred to as the "Parties",

Recalling the Framework Convention for the Protection of National
Minorities ("the Framework Convention") of 1 February 1995 and the
Committee of Ministers' Resolution (97) 10 of 17 September 1997,

Noting that 35 States are Parties to the Framework Convention, including
Serbia and Montenegro,

Considering United Nations Security Council Resolution 1244 (1999) of 10
June 1999, which, recognising the sovereignty and territorial integrity
of the Federal Republic of Yugoslavia (now Serbia and Montenegro),
establishes the authority of UNMIK, as the international civil presence,
to provide an interim administration for Kosovo,

Taking account of UNMIK Regulation No. 2001/9 of 15 May 2001 on a
Constitutional Framework for Provisional Self-Government in Kosovo,
which provides for the responsibilities of the Provisional Institutions
of Self-Government,

Recalling Chapter 3 of the Constitutional Framework which states that
the provisions on the rights and freedoms set forth in the Framework
Convention shall be directly applicable in Kosovo as part of the
Constitutional Framework,

Recalling that UNMIK and the Provisional Institutions of Self-Government
have undertaken to exercise their respective responsibilities under
United Nations Security Council Resolution 1244 (1999) and the
Constitutional Framework for Provisional Self-Government in Kosovo in
compliance with the principles contained in the Framework Convention,

Having regard to the decision adopted on 30 June 2004 by the Committee
of Ministers of the Council of Europe,

Emphasising that the present Agreement does not make UNMIK a Party to
the Framework Convention and that it is without prejudice to the future
status of Kosovo to be determined in accordance with Security Council
Resolution 1244 (1999),

With a view to promoting technical cooperation between the Parties,
ensuring respect and compliance in Kosovo with the substantive norms in
the Framework Convention and facilitating monitoring arrangements in
conformity with the Framework Convention,

Have agreed as follows:

Article 1
Compliance with the Framework Convention

UNMIK affirms on behalf of itself and the Provisional Institutions of
Self-Government that their respective responsibilities will be exercised
in compliance with the principles contained in the Framework Convention.

Article 2
Monitoring modalities

2.1 The Committee of Ministers of the Council of Europe ("Committee of
Ministers"), assisted by the Advisory Committee on the Framework
Convention, shall monitor the implementation of the Framework Convention
in Kosovo. 

2.2 Within six months following the entry into force of the present
Agreement, UNMIK shall submit to the Committee of Ministers full
information on the legislative and other measures taken to give effect
to the principles set out in the Framework Convention. This submission
shall be made public.

2.3 Thereafter, UNMIK shall submit to the Committee of Ministers on a
periodical basis and whenever the Committee of Ministers so requests any
further information of relevance to the implementation of the Framework
Convention.  The Advisory Committee on the Framework Convention may also
request further information from UNMIK and other sources in Kosovo and
hold meetings with them for this purpose.

2.4 Following receipt of information from UNMIK and an opinion of the
Advisory Committee on the Framework Convention, the Committee of
Ministers shall consider and adopt its conclusions concerning the
adequacy of the measures taken to give effect to the principles of the
Framework Convention. It may also adopt recommendations in respect of
UNMIK and set a time-limit for the submission of information on their
implementation.

2.5 The Committee of Ministers may invite UNMIK to attend meetings in
which information on compliance with the Framework Convention in Kosovo
is considered. UNMIK shall participate in such meetings in an observer
capacity.

2.6 The Council of Europe Secretariat shall keep UNMIK informed about
developments related to the implementation of the Framework Convention.

Article 3
Publicity of Conclusions and Recommendations of the Committee of
Ministers

The conclusions and recommendations of the Committee of Ministers, the
opinions of the Advisory Committee on the Framework Convention and any
related comments by UNMIK, shall be made public.

Article 4
Amendment

The present Agreement may only be amended by written agreement of the
Parties.

Article 5
Settlement of disputes

Any disputes or disagreements with respect to the interpretation or
implementation of the present Agreement shall be resolved amicably by
good faith negotiations between the Parties.

Article 6
Entry into force

The present Agreement shall enter into force upon signature by the duly
authorised representatives of the Parties and shall remain in force for
the duration of UNMIK's mandate as interim administration in Kosovo
under the authority of the United Nations, unless terminated in
accordance with

Article 7
Termination

Either Party may at any time terminate the present Agreement by means of
a notification addressed to the other Party. The termination shall
become effective on the first day of the month following the expiration
of a period of six months after the date of receipt of the notification,
unless otherwise agreed to by the Parties in writing.

IN WITNESS WHEREOF, the undersigned, being fully authorised thereto,
have on behalf of the Parties signed the present Agreement.

Done at ................, this ............................ 2004, in
English and in French, the English text being authentic, in two copies,
one of which shall be deposited in the archives of the Council of Europe
and the other transmitted to UNMIK.


FOR THE UNITED NATIONS               FOR THE COUNCIL OF EUROPE

INTERIM ADMINISTRATION 
MISSION IN KOSOVO 


_______________________________     ________________________________

Special Representative 
of the Secretary-General		Secretary General



----------------------------------------------------------
Nicola Markes-Goerlach
Council of Europe
Directorate General of Human Rights
Secretariat of the Framework Convention
for the Protection of National Minorities 
F-67075 Strasbourg-Cedex
nicola.markes-goerlach@coe.int
http://www.coe.int/minorities <http://www.coe.int/minorities> 


Tel:  00 33 - (0)3 90 21 44 33
Fax:  00 33 - (0)3 90 21 49 18