“Compact in future relations between Kosovo and Serbia”
The following is the English translation of the Albanian version of the original plan proposed by the German diplomat Wolfgang Ischinger, who participated on behalf of the European Union in the UN-led negotiations for the final status of Kosovo back in 2007–08, led by President Ahtisaari. Plan was based on “Two Germanies” model enabling two countries to co-exist as equal members of United Nations, without Serbia recognizing Kosovo, and was proposed to counter the Russian veto at the United Nations.
Deeply deploring the periods of conflict and war that divided our peoples, and the great misery it (war) has caused to a large number of people;
Aiming to overcome the past, and to work together for a better future of all these peoples;
Reaffirming that there can be no return to the situation before 1999;
Recognizing the special nature of relations between them, in particular the historical, cultural, ethnic and economic ties that bind their peoples, and paving the way for reconciliation;
Recalling the commitment of the European Council in Thessaloniki at the Summit held on June 19–20, 2003, to fully and effectively support the European perspective of the Western Balkan states to become an integrated part of the European Union, once they meet the established conditions;
Reaffirming their determination to become members of the European Union, as well as to move forward towards Euro-Atlantic structures;
Being committed to building a democratic and multi-ethnic society in Kosovo, where human rights are respected;
Reaffirming the special importance that they (Serbia and Kosovo, note) give to the protection and promotion of the well-being, culture and security of the Serbian community in Kosovo;
Recognizing their differences in their respective positions, but committed nevertheless that the arrangements in progress shall enable them to promote their respective interests to live in peace;
Being convinced that the establishment of mutually beneficial relations through the establishment, based on free will, of institutional mechanisms of consultation and cooperation will help them to achieve these goals;
Considering the relevant documents of the United Nations and the Organization for Security and Cooperation in Europe;
Considering that Resolution 1244 (1999) of June 10, 1999 of the UN Security Council remains in force and continues to authorize the international and civilian presence in Kosovo until the UN Security Council decides otherwise;
Welcoming the international supervision of the fulfillment of the relevant responsibilities of Kosovo;
Welcoming the establishment of the mission by the European Union to assist Kosovo in the further development and strengthening of the rule of law, and the continuation of the international military presence led by the NATO Pact, to provide a safe environment throughout Kosovo;
Also welcoming the continuation of the Mission of the Organization for Security and Cooperation in Europe (OSCE), in Kosovo;
We agree that:
Article 1
Serbia and Kosovo (henceforth, ‘the parties’), will develop mutually beneficial relations.
Article 2
The Parties shall be solely responsible for governing their territory, and controlling their own affairs.
Article 3
Neither party shall establish a physical presence in the territory of the other party without mutual agreement.
Article 4
The Parties shall be guided by the purposes and principles set forth in the Charter of the United Nations and relevant OSCE documents.
Article 5
The Parties shall settle their disputes exclusively by peaceful means, and shall not use any threat of the use of force inconsistent with the Charter of the United Nations in their relations.
Article 6
Neither party shall have the right to act on behalf of the other in foreign relations.
Article 7
The parties will fully respect human rights and fundamental freedoms, as defined by relevant international instruments, including but not limited to the Universal Declaration of Human Rights; the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols; and the International Covenant on Civil and Political Rights and its protocols.
Kosovo takes responsibility to protect the rights and provide security for all its communities, including in particular the Serbian community in Kosovo.
(My comment: this is a Google translation of an Albanian version of this document, which I believe is the final proposal put forth by Ambassador Ischinger.)
