Kosovo: the Serbian Parliament's resolution

Draft Resolution of the National Assembly of Serbia

14 February 2007 National Assembly of Serbia

Reaffirming the Constitution of the Republic of Serbia, that in its Preamble states 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”, Bearing in mind 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 organizations 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), with guarantees to sovereignty and territorial integrity of the Federal Republic of Yugoslavia (FRY), established the position of Kosovo-Metohija as substantial autonomy within the FRY, whose international successor is the Republic of Serbia, Assured that the issue of the future status of Kosovo-Metohija must be based on main principles and norms of international law, and vying for a peaceful, all-encompassing and durable solution through negotiations, 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 disrespects 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 that belong only to sovereign states, Reconfirming the Resolution of the National Assembly of the Republic of Serbia adopted on November 25, 2005 on the 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 talks on the future status of Kosovo-Metohija from January 5, 2006, basic stances stated in the speeches of the President of Serbia Boris Tadić and Prime Minister of Serbia Vojislav Koštunica 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 in Vienna (regarding decentralization in the province and establishing 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, 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 take into consideration the sovereignty and territorial integrity of the Republic of Serbia in relation to Kosovo-Metohija. In this Proposal, Kosovo-Metohija is beyond any doubt and against international law given the attributes of a sovereign state, thus illegally laying the foundations for the creation of an independent state on the territory of Serbia. The National Assembly of the Republic of Serbia therefore 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 recognized state. The National Assembly of the Republic of Serbia warns that this questions the possibility of coming to a compromise solution reached through agreement which would represent the basic goal of talks on Kosovo-Metohija's future status. The National Assembly of the Republic of Serbia once more emphasizes that only through negotiations held under the auspices of the United Nations, without 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 built into the foundations of contemporary states and their mutual relations. Considering this essential commitment, the National Assembly of the Republic of Serbia hereby renews the mandate of the state negotiating team and places it under obligation so that at the upcoming talks in Vienna on the future status of Kosovo-Metohija it will represent The National Assembly of the Republic of Serbia's policy, adopted in parliament's previous Resolution and hereby confirmed anew, which includes the defence of Serbia's sovereignty and territorial integrity, protection of the 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 demands that in the course of the upcoming talks the Serbian state negotiating team presents Serbia's position regarding the whole of UN Secretary-General's Special Envoy's Proposal by formulating, in line with this Resolution, its concrete proposals and resolutions, as well as to submit a report to Serbia parliament immediately upon their return from the talks. The National Assembly of the Republic of Serbia will then decide on the further course of negotiations. Advocating a compromise, consensual solution to the future status of Kosovo-Metohija, the National Assembly of the Republic of Serbia emphasizes that imposed independence of the province will have unforeseeable negative consequences. Such an outcome will 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 resolving minority issues and territorial disputes throughout Europe and the world. The National Assembly of the Republic of Serbia therefore calls upon all states, international organizations and other international elements to oppose the imperilment of Serbia's sovereignty and territorial integrity and reject any imposed solution to the future status of Kosovo-Metohija.