Freedom of Movement (Technical Dialogue Agreement)

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Country/entity: Kosovo
Serbia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Freedom of Movement (Technical Dialogue Agreement)
Date: 2 Jul 2011
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Kosovo-Serbia Normalisation Process
Parties: Agreement unsigned, parties believed to be the Kosovo delegation, led by Dr. Edita Tahiri and and the Serbian delegation led by Mr. Borko Stefanovic.
Third parties: Agreement unsigned, meeting was chaired by the EU facilitator, Mr. Robert Cooper.
Description: A short technical agreement providing entirely for freedom of movement for residents of Kosovo and Serbia to travel freely within the territory of the other. It includes provisions for documentation, car insurance, license plates, and modalities for transiting to a third country.

Agreement document: KV_110702_Freedom of Movement (Technical Dialogue Agreement).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: No specific mention.
Religious groups: No specific mention.
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: Summary: The agreement in its entirety provides for freedom of movement for residents of Kosovo and Serbia to travel freely within the territory of the other, aimed in particular at maintaining linkages for the Serbian minority in Kosovo.

Page 1, 1. Residents of each party should be able to travel freely within or through the territory of the other.

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: No specific mention.
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: Summary: The agreement in its entirety provides for freedom of movement for residents of Kosovo and Serbia to travel freely within the territory of the other.

Page 1, 1. Residents of each party should be able to travel freely within or through the territory of the other.

Page 1, 2. Each party will apply, as soon as operationally feasible, an ID card system for cross border/boundary travel of residents from the other party.

Page 1, 3. Each party may apply a system whereby ID cards will be accompanied by written 'entry/exit' documents for persons from the other party who wish to transit to a third country.

Page 1, 4. As an interim solution, each party will enable residents of the other to purchase border/boundary insurance. Under the auspices of the EU, the parties will continue to work for a commercial arrangement on mutual vehicle insurance cover so that all vehicles are covered on both sides of the border/boundary as soon as possible.

Page 1, 5. Each party will take all necessary measures to enable residents of the other party to travel freely within or through the territory of the other using driving licenses issued by their own authorities.

Page 1, 6. As an interim measure, the authorities in Kosovo will extend the validity of KS vehicle license plates for an initial period of five years at the end of which the issue will be reviewed by the two parties (with the facilitation by the EU if required).

Page 1, 7. All car owners residing in Kosovo will use either RKS or KS (as per bullet 6 above) vehicle license plates. These will be issued by the relevant authorities in Kosovo and distributed with facilitation by EULEX where required. Each party will do its best to ensure the implementation of above.

Page 1, 8. As an interim measure, the authorities in Belgrade will enable vehicles from Kosovo bearing KS vehicle license plates to travel freely in or through its territory.

Page 1, 9. As an interim measure, for every car owner who wishes, temporary vehicle license plates will be made available at the relevant border/boundary crossings.

Page 1, 10. With regard to readmission, and taking account of Pristina's obligations in this area, the arrangements agreed above will not create new obligations for Belgrade to accept readmission requests for persons holding Kosovo documents within the context of the existing readmission agreement between Belgrade and the EU.
Protection measures: No specific mention.
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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

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: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 7. All car owners residing in Kosovo will use either RKS or KS (as per bullet 6 above) vehicle license plates. These will be issued by the relevant authorities in Kosovo and distributed with facilitation by EULEX where required. Each party will do its best to ensure the implementation of above.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Government of the Republic of Serbia, Office for Kosovo and Metohija http://www.kim.gov.rs/eng/pregovaracki-proces.php

Freedom of movement

1. Residents of each party should be able to travel freely within or through the territory of the other.

2. Each party will apply, as soon as operationally feasible, an ID card system for cross border/boundary travel of residents from the other party.

3. Each party may apply a system whereby ID cards will be accompanied by written 'entry/exit' documents for persons from the other party who wish to transit to a third country.

4. As an interim solution, each party will enable residents of the other to purchase border/boundary insurance.

Under the auspices of the EU, the parties will continue to work for a commercial arrangement on mutual vehicle insurance cover so that all vehicles are covered on both sides of the border/boundary as soon as possible.

5. Each party will take all necessary measures to enable residents of the other party to travel freely within or through the territory of the other using driving licenses issued by their own authorities.

6. As an interim measure, the authorities in Kosovo will extend the validity of KS vehicle license plates for an initial period of five years at the end of which the issue will be reviewed by the two parties (with the facilitation by the EU if required).

7. All car owners residing in Kosovo will use either RKS or KS (as per bullet 6 above) vehicle license plates.

These will be issued by the relevant authorities in Kosovo and distributed with facilitation by EULEX where required.

Each party will do its best to ensure the implementation of above.

8. As an interim measure, the authorities in Belgrade will enable vehicles from Kosovo bearing KS vehicle license plates to travel freely in or through its territory.

9. As an interim measure, for every car owner who wishes, temporary vehicle license plates will be made available at the relevant border/boundary crossings.

10. With regard to readmission, and taking account of Pristina's obligations in this area, the arrangements agreed above will not create new obligations for Belgrade to accept readmission requests for persons holding Kosovo documents within the context of the existing readmission agreement between Belgrade and the EU.

11. An implementation group will be set up, chaired by the EU, by mid-July, that will start preparing implementation in order to ensure that all arrangements above and any necessary follow up will be applied as soon as operationally feasible, bullet 7 arrangements will be applied from 1 November 2011.