Resolution of the National Assembly of the Republic of Serbia following UN special envoy Martti Ahtisaari's "Comprehensive proposal for the Kosovo status settlement" and continuation of negotiations on the future status of Kosovo-Metohija
In accordance with Article 99 item 7 of the Constitution of the Republic of Serbia and Article 134 of the Rules of Procedure of the National Assembly of the Republic of Serbia (“Official Gazette of the Republic of Serbia”, No. 56/05 – amended text and No. 81/06).
The National Assembly of the Republic of Serbia, at the First Sitting of the National Assembly of the Republic of Serbia held on 14th February 2007, adopted the following
R E S O L U T I O N
OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA FOLLOWING UN SPECIAL ENVOY MARTTI AHTISAARI’S “COMPREHENSIVE PROPOSAL FOR THE KOSOVO STATUS SETTLEMENT” AND CONTINUATION OF NEGOTIATIONS ON THE FUTURE STATUS OF KOSOVO-METOHIJA
Reaffirming the Constitution of the Republic of Serbia, that states in its Preamble that “the Province of Kosovo-Metohija is an integral part of the territory of Serbia, that it has the status of a substantial autonomy within the sovereign state of Serbia and that from such status of the Province of Kosovo and Metohija follow constitutional obligations of all state bodies to uphold and protect the state interests of Serbia in Kosovo-Metohija in all internal and foreign political relations”,
Having regard to the Article 8 of the Constitution of the Republic of Serbia stating that “the territory of the Republic of Serbia is inseparable and indivisible” and that “the border of the Republic of Serbia is inviolable”, as well as Article 182 which states that “substantial autonomy of the Autonomous province of Kosovo-Metohija shall be regulated by a special law which shall be adopted in accordance with the proceedings envisaged for amending the Constitution”,
Considering the main principles and norms of international law, and particularly the Charter of the United Nations, the 1975 Helsinki Final Act of the Conference on Security and Co-operation in Europe (CSCE) as well as other documents of international organisations in which state sovereignty and territorial integrity are set as foundations of modern international order,
Recalling that the UN Security Council’s Resolution No. 1244 (1999), along with the guarantees referring to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia (FRY), established the position of Kosovo-Metohija as substantial autonomy within the FRY, whose legal successor is the Republic of Serbia,
Assured that the issue of the future status of Kosovo-Metohija has to be settled in accordance with the basic principles and norms of international law, and by striving towards peaceful, comprehensive and lasting negotiated solution,
Bearing in mind that UN Secretary General’s Special Envoy for the future status of Kosovo- Metohija Martti Ahtisaari delivered his “Comprehensive Proposal for the Kosovo Status Settlement” to the Serbian state authorities which disregards sovereignty and territorial integrity of the Republic of Serbia in relation to Kosovo-Metohija, and at the same time proposes that Kosovo- Metohija be given a series of rights and prerogatives which belong only to sovereign states,
Reaffirming the Resolution of the National Assembly of the Republic of Serbia adopted on November 25, 2005, on a mandate for political talks on the future status of Kosovo-Metohija, and particularly the paragraph stating that “the National Assembly of the Republic of Serbia would proclaim any imposed solution of the Kosovo-Metohija future status illegitimate, illegal and void,”
Having confirmed the Platform of the state negotiating team for the talks on the future status of Kosovo-Metohija from January 5, 2006, basic standpoints stated in the speeches of the President of Serbia, Boris Tadic and Prime Minister of Serbia, Vojislav Kostunica delivered at Vienna talks on July 24, 2006, as well as the contents of the documents presented by the state negotiating team in the course of 2006 at the talks held in Vienna (regarding decentralization in the province and the establishment of new municipalities with Serbian majority, protection of the Serbian Orthodox Church, its churches and monasteries, its property and the Serbian cultural heritage in the Province, as well as economic and other issues),
The National Assembly of the Republic of Serbia hereby adopts the following:
The National Assembly of the Republic of Serbia concludes that the Proposal of UN Secretary-General’s Special Envoy Martti Ahtisaari breaches the fundamental principles of international law since it does not show consideration for the sovereignty and territorial integrity of the Republic of Serbia in relation to Kosovo-Metohija. In this Proposal, Kosovo-Metohija is baselessly and contrary to international law, given the attributes of a sovereign state, thus illegally laying the foundations for the creation of a new independent state on the territory of Serbia.
Therefore, the National Assembly of the Republic of Serbia rejects all articles in the UN Secretary-General’s Special Envoy’s Proposal which breach the sovereignty and territorial integrity of the Republic of Serbia as an internationally recognised state. The National Assembly of the Republic of Serbia warns that it puts into question any possibility of reaching a compromised and agreed solution which represents the basic aim of the talks on Kosovo-Metohija’s future status.
The National Assembly of the Republic of Serbia emphasizes once again that only through negotiations conducted under the auspices of the United Nations, without any pressure and artificially imposed deadlines, can a mutually acceptable and long-term solution be reached which will be in line with international law and democratic values embedded in the foundations of contemporary states and their mutual relations.
Having regard to this fundamental commitment, the National Assembly of the Republic of Serbia hereby renews the mandate of the state negotiating team and obliges it to represent, at the upcoming talks on the future status of Kosovo-Metohija in Vienna, the National Assembly of the Republic of Serbia’s policy which was adopted in the previous Resolution of the National Assembly and hereby confirmed anew, with regard to the protection of sovereignty and territorial integrity of the Republic of Serbia, protection of rights and interests of the Serbian people and the Serbian Orthodox Church in the province, preservation of the entire Serbian religious and cultural heritage in Kosovo-Metohija, as well as the interests of non-ethnic Albanian communities.
The National Assembly of the Republic of Serbia particularly obligates the Serbian state negotiating team to presents Serbia’s position in the course of the upcoming talks, with regard to the whole of UN Secretary-General’s Special Envoy’s Proposal by formulating its concrete proposals and solutions, in line with this Resolution, as well as to submit a report to the National Assembly of the Republic of Serbia immediately upon their return from the talks, and it shall decide on the further course of the negotiations.
Advocating a compromised and agreed solution for the future status of Kosovo-Metohija, the National Assembly of the Republic of Serbia draws attention to the fact that an imposed independence of the province would cause unforeseeable negative consequences. Such an outcome would have far-reaching consequences on the stability of the region, impede the European perspective of the entire Western Balkans and present an extremely dangerous precedent for settling issues relating to minorities and territorial disputes throughout Europe and the world. The National Assembly of the Republic of Serbia therefore calls upon all states, international organisations and other international actors to oppose to the imperilment of Serbia’s sovereignty and territorial integrity and to reject any imposed solution to the future status of Kosovo-Metohija.”
RS number 1
Belgrade, 14th February 2007.