890th meeting –
Appendix 2
(Item 2.
Agreement between the United Nations Interim
Administration
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
Noting that 35 States are Parties to the Framework
Convention, including
Considering United Nations Security Council Resolution
Taking account of UNMIK Regulation No. 200
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
Having regard to the decision adopted
on
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
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
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.
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
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.
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
INTERIM
ADMINISTRATION
_______________________________ ________________________________
Special
Representative of the Secretary-General Secretary
General