Teksti integral i Marrëveshjes së nënshkruar nё Konçul

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Country/entity: Serbia
Yugoslavia (former)
Presevo Valley
Region: Europe and Eurasia
Agreement name: Teksti integral i Marrëveshjes së nënshkruar nё Konçul
Date: 12 Mar 2001
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Ceasefire/related
Conflict nature: Government/territory
Peace process: Presevo Valley process
Parties: Shefket Musli, Staff-Commander General of UÇPMB (Liberation Army of Presevo, Medvedja and Bujanovac)
Third parties: Witnessed, P.C. Feith, Personal Representative of General Secretary of NATO
Description: This agreement provides for a ceasefire between the UCPMB and the security forces of the Federal Republic of Yugoslavia in the Presevo Valley. NATO representative P.C. Feith signed the agreement as a broker of the talks in absence of direct communication between the UCPMB and the FRY government.

Agreement document: RS_010312_The integral text of the Agreement signed in Konçul_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): RS_010312_Teksti integral i Marrëveshjes së nënshkruar nё Konçul.pdf (opens in new tab)| Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Anti-discrimination
Page 2, 8. RESTRICTIONS
...b) After the re-entry by the police, they will be required to act impartially and to implement the laws of FRY/Serbia, without discrimination on an ethnic, religious or racial basis.
Religious groups: Groups→Religious groups→Anti-discrimination
Page 2, 8. RESTRICTIONS
...b) After the re-entry by the police, they will be required to act impartially and to implement the laws of FRY/Serbia, without discrimination on an ethnic, religious or racial basis.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, 3.
The signatories recognise and observe the protocol extensions of Geneva Convention of 12 August 1949, related to the protection of victims of non-international conflicts.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, 7. MODALITIES
...b) The parties agree to undertake all the necessary means in order to ensure security and freedom of movement of any personnel in the region of international community membership.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 1, 3.
The signatories recognise and observe the protocol extensions of Geneva Convention of 12 August 1949, related to the protection of victims of non-international conflicts.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, 7. MODALITIES
...b) The parties agree to undertake all the necessary means in order to ensure security and freedom of movement of any personnel in the region of international community membership.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1.
1. The signatories agree unconditionally to respect and observe the ceasefire and they will refrain from all military actions, violence and the use of force against each other and the other’s forces.

Page 1, 6.
The conditions of the Agreement shall enter into force after the exchange of the signed copies, in the presence of the Special Envoy of the General Secretary and they will be effective starting from 00.01h, 13th March 2001.

Page 1, 7. MODALITIES
a) The parties agree to keep and to respect the ceasefire, which includes all kinds of weapons and the placing of mines or other improvised explosive means...c) The parties agree to hold the current positions of their armed forces, with the exception of the heavy weapons around Bujanovac, which should be returned to barracks, and not to utilize the ceasefire to change their positions.

Page 2, 8. RESTRICTIONS
...c) None of the conditions of this agreement can be interpreted as something that cancels the right of self-defence. Self-defence means the use of necessary and proportionate force, to defend yourself or others, from an attack or from any possible attack. Each use of force should be reduced to the scale, intensity and necessary duration for self-defence and not more. Revenge is not self-defence and would violate the ceasefire of the Ground Safety Zone. This restriction is added to the following: d) With regard to the paragraph 8 under (a), I declare here that I and my commanders do not accept responsibility for the spontaneous actions of local Albanian elements in Sector C (East), in the Ground Safety Zone
Police: Page 1, 4.
The agreement applies to all armed and paramilitary forces, including the police within or close to the borders of the Security Zone, which are defined in the Military Technical Agreement and Resolution 1244 of the United Nations Security Council.

Page 1, 5.
The armed forces means all parties, groups and individuals that accept and acknowledge the authority and command of the undersigned including the regular forces, police forces, groups of armed civilians, paramilitaries, national guards, militia, border police, military reservists, military police, intelligence services, Federal Ministry and Serbian Ministry of Interior, local special rebellion and counterterrorism police as well as all irregular forces.

Page 2, 8. RESTRICTIONS
...b) After the re-entry by the police, they will be required to act impartially and to implement the laws of FRY/Serbia, without discrimination on an ethnic, religious or racial basis.
Armed forces: Page 1, 4.
The agreement applies to all armed and paramilitary forces, including the police within or close to the borders of the Security Zone, which are defined in the Military Technical Agreement and Resolution 1244 of the United Nations Security Council.

Page 1, 5.
The armed forces means all parties, groups and individuals that accept and acknowledge the authority and command of the undersigned including the regular forces, police forces, groups of armed civilians, paramilitaries, national guards, militia, border police, military reservists, military police, intelligence services, Federal Ministry and Serbian Ministry of Interior, local special rebellion and counterterrorism police as well as all irregular forces.

Page 1, 7. MODALITIES
...c) The parties agree to hold the current positions of their armed forces, with the exception of the heavy weapons around Bujanovac, which should be returned to barracks, and not to utilize the ceasefire to change their positions.

Page 2, 8. RESTRICTIONS
a) The parties accept that KOMFOR at this stage shall keep the authority under the terms of the Military Technical Agreement in the Ground Safety Zone and Air Safety Zone. They accept KOMFOR as the only authority, which decides whether and under what conditions, the FRY forces are allowed to control and to return gradually to the Ground Safety Zone. If it decides to allow such re-entry, the zones in which the FRY forces can enter will be defined geographically and such definition will replace previous references, given in this agreement to “current locations”. In all other aspects, the given conditions will continue to apply.
DDR: No specific mention.
Intelligence services: Page 1, 5.
The armed forces means all parties, groups and individuals that accept and acknowledge the authority and command of the undersigned including the regular forces, police forces, groups of armed civilians, paramilitaries, national guards, militia, border police, military reservists, military police, intelligence services, Federal Ministry and Serbian Ministry of Interior, local special rebellion and counterterrorism police as well as all irregular forces.
Parastatal/rebel and opposition group forces: Page 1, 2.
The signatories agree to maintain authority and control over all their armed elements and paramilitary forces, wherever they are placed, and to accept full responsibility for their actions.

Page 1, 4.
The agreement applies to all armed and paramilitary forces, including the police within or close to the borders of the Security Zone, which are defined in the Military Technical Agreement and Resolution 1244 of the United Nations Security Council.

Page 1, 5.
The armed forces means all parties, groups and individuals that accept and acknowledge the authority and command of the undersigned including the regular forces, police forces, groups of armed civilians, paramilitaries, national guards, militia, border police, military reservists, military police, intelligence services, Federal Ministry and Serbian Interior Affairs Ministry, local special rebellion and counterterrorism police as well as all irregular forces.

Page 1, 7. MODALITIES
...c) The parties agree to hold the current positions of their armed forces, with the exception of the heavy weapons around Bujanovac, which should be returned to barracks, and not to utilize the ceasefire to change their positions.

Page 2, 8. RESTRICTIONS
...c) None of the conditions of this agreement can be interpreted as something that cancels the right of self-defence. Self-defence means the use of necessary and proportionate force, to defend yourself or others, from an attack or from any possible attack. Each use of force should be reduced to the scale, intensity and necessary duration for self-defence and not more. Revenge is not self-defence and would violate the ceasefire of the Ground Safety Zone. This restriction is added to the following: d) With regard to the paragraph 8 under (a), I declare here that I and my commanders do not accept responsibility for the spontaneous actions of local Albanian elements in Sector C (East), in the Ground Safety Zone.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 1, 5.
The armed forces means all parties, groups and individuals that accept and acknowledge the authority and command of the undersigned including the regular forces, police forces, groups of armed civilians, paramilitaries, national guards, militia, border police, military reservists, military police, intelligence services, Federal Ministry and Serbian Ministry of Interior, local special rebellion and counterterrorism police as well as all irregular forces.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed, P.C. Feith, Personal Representative of General Secretary of NATO
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, 8. RESTRICTIONS
a) The parties accept that KOMFOR at this stage shall keep the authority under the terms of the Military Technical Agreement in the Ground Safety Zone and Air Safety Zone. They accept KOMFOR as the only authority, which decides whether and under what conditions, the FRY forces are allowed to control and to return gradually to the Ground Safety Zone. If it decides to allow such re-entry, the zones in which the FRY forces can enter will be defined geographically and such definition will replace previous references, given in this agreement to “current locations”. In all other aspects, the given conditions will continue to apply.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Originally obtained in hard copy, text on file with author.

The integral text of the Agreement signed in Konçul

The integral text of this agreement is as follows:

P. C Feith, Personal Representative of the General Secretary of NATO.

1. The signatories agree unconditionally to respect and observe the ceasefire and they will refrain from all military actions, violence and the use of force against each other and the other’s forces.

2. The signatories agree to maintain authority and control over all their armed elements and paramilitary forces, wherever they are placed, and to accept full responsibility for their actions.

3. The signatories recognise and observe the protocol extensions of Geneva Convention of 12 August 1949, related to the protection of victims of non-international conflicts.

4. The agreement applies to all armed and paramilitary forces, including the police within or close to the borders of the Security Zone, which are defined in the Military Technical Agreement and Resolution 1244 of the United Nations Security Council.

5. The armed forces means all parties, groups and individuals that accept and acknowledge the authority and command of the undersigned including the regular forces, police forces, groups of armed civilians, paramilitaries, national guards, militia, border police, military reservists, military police, intelligence services, Federal Ministry and Serbian Ministry of the Interior, local special rebellion and counterterrorism police as well as all irregular forces.

6. The conditions of the Agreement shall enter into force after the exchange of the signed copies, in the presence of the Special Envoy of the General Secretary and they will be effective starting from 00.01h, 13th March 2001.

7. MODALITIES

a) The parties agree to keep and to respect the ceasefire, which includes all kinds of weapons and the placing of mines or other improvised explosive means.

b) The parties agree to undertake all the necessary means in order to ensure security and freedom of movement of any personnel in the region of international community membership.

c) The parties agree to hold the current positions of their armed forces, with the exception of the heavy weapons around Bujanovac, which should be returned to barracks, and not to utilize the ceasefire to change their positions.

8. RESTRICTIONS

a) The parties accept that KOMFOR at this stage shall keep the authority under the terms of the Military Technical Agreement in the Ground Safety Zone and Air Safety Zone.

They accept KOMFOR as the only authority, which decides whether and under what conditions, the FRY forces are allowed to control and to return gradually to the Ground Safety Zone.

If it decides to allow such re-entry, the zones in which the FRY forces can enter will be defined geographically and such definition will replace previous references, given in this agreement to “current locations”.

In all other aspects, the given conditions will continue to apply.

b) After the re-entry by the police, they will be required to act impartially and to implement the laws of FRY/Serbia, without discrimination on an ethnic, religious or racial basis.

c) None of the conditions of this agreement can be interpreted as something that cancels the right of self-defence.

Self-defence means the use of necessary and proportionate force, to defend yourself or others, from an attack or from any possible attack.

Each use of force should be reduced to the scale, intensity and necessary duration for self-defence and not more.

Revenge is not self-defence and would violate the ceasefire of the Ground Safety Zone.

This restriction is added to the following:

With regard to the paragraph 8 under (a), I declare here that I and my commanders do not accept responsibility for the spontaneous actions of local Albanian elements in Sector C (East), in the Ground Safety Zone

Shefket Musli, Staff-Commander General of UÇPMB (Liberation Army of Presevo, Medvedja and Bujanovac)

Witnessed, P.C. Feith, Personal Representative of General Secretary of NATO