2,262 Matching Annotations
  1. Nov 2022
  2. www.cambridge.org www.cambridge.org
    Introduction
    50
    1. QDR 03 Nov 2022
      vote

      <br> Source Excerpt: “The People Shall Govern!

      Every man and woman shall have the right to vote for and to stand as a candidate for all bodies which make laws;

      All people shall be entitled to take part in the administration of the country;”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 1.

    2. QDR 03 Nov 2022
      Language

      <br> Source Excerpt: “Section 29: “…Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account..”

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Constitution of South Africa. 1996. Article 29. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 21.

    5. QDR 03 Nov 2022
      Freedom Charter

      <br> Source Excerpt: “We, the People of South Africa, declare for all our country and the world to know:

      that South Africa belongs to all who live in it, black and white, and that no government can justly claim authority unless it is based on the will of all the people;

      that our people have been robbed of their birthright to land, liberty and peace by a form of government founded on injustice and inequality;

      that our country will never be prosperous or free until all our people live in brotherhood, enjoying equal rights and opportunities;

      that only a democratic state, based on the will of all the people, can secure to all their birthright without distinction of colour, race, sex or belief;

      And therefore, we, the people of South Africa, black and white together equals, countrymen and brothers adopt this Freedom Charter.”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 1.

    7. QDR 03 Nov 2022
      restored to the people

      <br> Source Excerpt: “The People Shall Share in the Country`s Wealth!

      The national wealth of our country, the heritage of South Africans, shall be restored to the people;

      The mineral wealth beneath the soil, the Banks and monopoly industry shall be transferred to the ownership of the people as a whole;

      All other industry and trade shall be controlled to assist the wellbeing of the people;

      All people shall have equal rights to trade where they choose, to manufacture and to enter all trades, crafts and professions.”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 2.

    14. QDR 03 Nov 2022
      first provision

      <br> Source Excerpt: “The Republic of South Africa is one, sovereign, democratic state founded on the following values:

      a. Human dignity, the achievement of equality and the advancement of human rights and freedoms.

      b. Non-racialism and non-sexism.

      c. Supremacy of the constitution and the rule of law.

      d. Universal adult suffrage, a national common voters roll, regular elections and a multiparty system of democratic government, to ensure accountability, responsiveness and openness.

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Parliament of South Africa. 1996. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 12.

    17. QDR 03 Nov 2022
      Act of 1909

      <br> Source Excerpt: “WHEREAS it is desirable for the welfare and future progress of South Africa that the several British Colonies therein should be united under one Government in a legislative union under the Crown of Great Britain and Ireland: And whereas it is expedient to make provision for the union of the Colonies of the Cape of Good Hope, Natal, the Transvaal, and the Orange River Colony on terms and conditions to which they have agreed by resolution of their respective Parliaments, and to define the executive, legislative, and judicial powers to be exercised in the government of the Union[..]”

      Data Source: https://perma.cc/L8WY-VEJS

      Full Citation: Parliament of South Africa. The Union of South Africa: South Africa Act, 1909. Signed September 20, 1909. https://media.law.wisc.edu/s/c_8/jzhy2/cbsa1.pdf . Page 5.

    21. QDR 03 Nov 2022
      health scheme

      <br> Source Excerpt: “All people shall have the right to live where they choose, be decently housed, and to bring up their families in comfort and security;

      Unused housing space to be made available to the people;

      Rent and prices shall be lowered, food plentiful and no-one shall go hungry;

      A preventive health scheme shall be run by the state;

      Free medical care and hospitalisation shall be provided for all, with special care for mothers and young children;”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 2.

    22. QDR 03 Nov 2022
      72

      <br> Source Excerpt: “Section 72

      The National Council of Provinces must facilitate public involvement in the legislative and other processes of the Council and its committees; and conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken-

      i. to regulate public access, including access of the media, to the Council and its committees; and

      ii. to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.

      1. The National Council of Provinces may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.”

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Constitution of South Africa. 1996. Article 72. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 44.

    23. QDR 03 Nov 2022
      Sections 59

      <br> Source Excerpt: “Section 59:

      “1. The National Assembly must

      a. facilitate public involvement in the legislative and other processes of the Assembly and its committees; and

      b. conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken

      i. to regulate public access, including access of the media, to the Assembly and its committees; and

      ii. to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.

      1. The National Assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.”

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Constitution of South Africa. 1996. Article 59. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 39.

    24. QDR 03 Nov 2022
      Land

      <br> Source Excerpt: “Restrictions of land ownership on a racial basis shall be ended, and all the land re-divided amongst those who work it to banish famine and land hunger;

      The state shall help the peasants with implements, seed, tractors and dams to save the soil and assist the tillers;

      Freedom of movement shall be guaranteed to all who work on the land;

      All shall have the right to occupy land wherever they choose;

      People shall not be robbed of their cattle, and forced labour and farm prisons shall be abolished”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 1.

    32. QDR 03 Nov 2022
      preamble

      <br> Source Excerpt: “We, the people of South Africa,

      Recognise the injustices of our past;

      Honour those who suffered for justice and freedom in our land;

      Respect those who have worked to build and develop our country; and

      Believe that South Africa belongs to all who live in it, united in our diversity.

      We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to

      Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;

      Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;

      Improve the quality of life of all citizens and free the potential of each person; and Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.

      May God protect our people.

      Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.

      God seën Suid-Afrika. God bless South Africa.Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Constitution of South Africa. 1996. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 12.

    34. QDR 03 Nov 2022
      within two years

      <br> Source Excerpt: “73 Adoption of new constitutional text

      (1) The Constitutional Assembly shall pass the new constitutional text within two years as from the date of the first sitting of the National Assembly under this Constitution.”

      Data Source: https://perma.cc/5HUR-ZRQM

      Full Citation: Parliament of South Africa. Constitution of the Republic of South Africa Act 200 of 1993. Published December 18, 1996. https://ucdpged.uu.se/peaceagreements/fulltext/SyA%2019931118.pdf . Page 32.

    36. QDR 03 Nov 2022
      vote

      <br> Source Excerpt: “The People Shall Govern!

      Every man and woman shall have the right to vote for and to stand as a candidate for all bodies which make laws;

      All people shall be entitled to take part in the administration of the country;”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 1.

    38. QDR 03 Nov 2022
      equality of people

      <br> Source Excerpt: “All National Groups Shall have Equal Rights!

      There shall be equal status in the bodies of state, in the courts and in the schools for all national groups and races;

      All people shall have equal right to use their own languages, and to develop their own folk culture and customs;

      All national groups shall be protected by law against insults to their race and national pride;

      The preaching and practice of national, race or colour discrimination and contempt shall be a punishable crime;

      All apartheid laws and practices shall be set aside.”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 1.

    39. QDR 03 Nov 2022
      Education

      <br> Source Excerpt: “The government shall discover, develop and encourage national talent for the enhancement of our cultural life;

      All the cultural treasures of mankind shall be open to all, by free exchange of books, ideas and contact with other lands;

      The aim of education shall be to teach the youth to love their people and their culture, to honour human brotherhood, liberty and peace;

      Education shall be free, compulsory, universal and equal for all children; Higher education and technical training shall be opened to all by means of state allowances and scholarships awarded on the basis of merit;

      Adult illiteracy shall be ended by a mass state education plan;

      Teachers shall have all the rights of other citizens;

      The colour bar in cultural life, in sport and in education shall be abolished”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 2.

    40. QDR 03 Nov 2022
      Freedom Charter

      <br> Source Excerpt: “We, the People of South Africa, declare for all our country and the world to know:

      that South Africa belongs to all who live in it, black and white, and that no government can justly claim authority unless it is based on the will of all the people;

      that our people have been robbed of their birthright to land, liberty and peace by a form of government founded on injustice and inequality;

      that our country will never be prosperous or free until all our people live in brotherhood, enjoying equal rights and opportunities;

      that only a democratic state, based on the will of all the people, can secure to all their birthright without distinction of colour, race, sex or belief;

      And therefore, we, the people of South Africa, black and white together equals, countrymen and brothers adopt this Freedom Charter.”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 1.

    41. QDR 03 Nov 2022
      Language

      <br> Source Excerpt: “Section 29: “…Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account..”

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Constitution of South Africa. 1996. Article 29. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 21.

    44. QDR 03 Nov 2022
      restored to the people

      <br> Source Excerpt: “The People Shall Share in the Country`s Wealth!

      The national wealth of our country, the heritage of South Africans, shall be restored to the people;

      The mineral wealth beneath the soil, the Banks and monopoly industry shall be transferred to the ownership of the people as a whole;

      All other industry and trade shall be controlled to assist the wellbeing of the people;

      All people shall have equal rights to trade where they choose, to manufacture and to enter all trades, crafts and professions.”

      Data Source: https://perma.cc/VVN6-CS7R

      Full Citation: Congress of the People. The Freedom Charter. Adopted June 26, 1955. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1137/AD1137-Ea6-1-001-jpeg.pdf . Page 2.

    50. QDR 03 Nov 2022
      first provision

      <br> Source Excerpt: “The Republic of South Africa is one, sovereign, democratic state founded on the following values:

      a. Human dignity, the achievement of equality and the advancement of human rights and freedoms.

      b. Non-racialism and non-sexism.

      c. Supremacy of the constitution and the rule of law.

      d. Universal adult suffrage, a national common voters roll, regular elections and a multiparty system of democratic government, to ensure accountability, responsiveness and openness.

      Data Source: https://perma.cc/569N-GWUG

      Full Citation: Parliament of South Africa. 1996. https://www.constituteproject.org/constitution/South_Africa_2012.pdf?lang=en . Page 12.

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    cambridge.org/core/books/constitution-makers-on-constitution-making/decisions-deadlocks-and-deadlines-in-making-south-africas-constitution/E4B3F7BA202A1085E3E97919119F3341
  3. www.cambridge.org www.cambridge.org
    AnnoREP - Data for: Making and remaking Kenya's constitution
    49
    3. QDR 03 Nov 2022
      1998 Constitution of Kenya Review Act

      <br> Source Excerpt: “An ACT of Parliament to facilitate the comprehensive review of the Constitution of the people of Kenya and its eventual alteration by Parliament; to provide for the establishment, powers and functions of the Commission, District Constitutional Forums and the National Constitutional Consultative Forum, and for connected purposes.”

      Data Source: https://perma.cc/3MA5-FR8X

      Full Citation: Parliament of Kenya. The Constitution of Kenya Review Act 1997. No. 13 of 1997. 1997. https://constitutionnet.org/sites/default/files/KEL97-005.pdf . Page 539.

    5. QDR 03 Nov 2022
      introduced presidential term limits

      <br> Source Excerpt: Article 5(9)(1): "The President shall hold office for a term of five years beginning from the date on which he is sworn in as President."

      Data Source: https://perma.cc/AFW2-5AXH

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Act, 1992. No. 6 of 1992. 1992. http://www.kenyalaw.org/kl/fileadmin/pdfdownloads/Constitution/HistoryoftheConstitutionofKenya/Acts/1992/ActNo.6of1992.pdf . Page 150.

    9. QDR 03 Nov 2022
      Constitution of Kenya Review Commission 2005, 28.2.1

      <br> Source Excerpt: “We, the Commissioners of Constitution of Kenya Review Commission are pleased to publish this final report on the work we were mandated to do. We listened very carefully to the views of Kenyans throughout the country. We have been touched by their stories and found much wisdom in their recommendations. We analysed social, political. economic and constitutional developments in Kenya over the last four decades, and tried to imagine the future in which the new Constitution will operate. As mandated by the Constitution of Kenya Review Commission Act, we went around the country, between December 2001 and July 2002, to collect and collate the views of Kenyans of all walks of life concerning the issues they wanted addressed in the new Constitution. Although the information we assembled is vast, this report, and other publications of the Commission, is intended to make this information conveniently available to the public.”

      Data Source: https://perma.cc/D4QW-44VQ

      Full Citation: The Constitution of Kenya Review Commission. The Final Report of The Constitution of Kenya Review Commission. 2005. http://kenyalaw.org/kl/fileadmin/CommissionReports/The-Final-Report-of-the-Constitution-of-Kenya-Review-Commission-2005.pdf . Page XV.

    13. QDR 03 Nov 2022
      as the Bomas Draft proposed

      <br> Source Excerpt: “Structure of the National Executive 151. The executive authority of the Republic at the national level of government is vested in the President, the Deputy President, the Prime Minister, and Ministers, all of whom, in the performance of their respective functions, shall work in harmony for the good of Kenya and the progress of the people of Kenya.”

      Data Source: https://perma.cc/NQ5D-R5DV

      Full Citation: Constitution of Kenya Review Commission. Draft Constitution of Kenya [Bomas Draft]. 2004. https://s3-eu-west-1.amazonaws.com/s3.sourceafrica.net/documents/118273/Kenya-4-Draft-Constitution-Bomas-Draft-2004.pdf . Page 79.

    15. QDR 03 Nov 2022
      Review Act 2008, section 29

      <br> Source Excerpt: “29. In the performance of its functions under this Act, the Committee of Experts shall draw upon the views and materials collected or prepared by the various organs of review under the expired Act, including but not limited to-(a) the summary of the views of Kenyans collected and collated by the Commission; (b) the various draft constitutions prepared by the Commission and the Constitutional Conference; (c) the Proposed New Constitution, 2005; (d) documents reflecting political agreement on critical constitutional questions, such as the document commonly known as the Naivasha Accord; (e) analytical and academic studies commissioned or undertaken by the Commission or the Constitutional Conference.”

      Data Source: https://perma.cc/TX8E-SDVY

      Full Citation: Parliament of Kenya. Constitution of Kenya Review Act (Act 9 of 2008). 2008. https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/08/The_Constitution_of_Kenya_Review_Act_2008.pdf . Page 22.

    17. QDR 03 Nov 2022
      Agenda Item Four

      <br> Data Source: https://perma.cc/3XMX-ZP2R

      Full Citation: Kenyan National Dialogue and Reconciliation. Kenyan National Dialogue and Reconciliation Through the Mediation of H.E. Kofi A. Annan and the Panel of Eminent African Personalities on the Resolution of the Political Crises Annotated Agenda and Timetable. 2008. https://peacemaker.un.org/sites/peacemaker.un.org/files/KE_080101_Annotated%20Agenda%20for%20the%20Kenya%20Dialogue%20and%20Reconciliation.pdf .

    19. QDR 03 Nov 2022
      Steering Committee on the Implementation of the Building Bridges to a United Kenya 2020

      <br> Source Excerpt: “Your Excellency [President of the Republic of Kenya], You appointed this Steering Committee by Gazette Notice No. 264, published on 10th January, 2020. It was our privilege, as per the mandate, to conduct validation of the Task force Report on Building Bridges to a United Kenya through consultations with citizens, civil society, the faith- based organizations, cultural leaders, the private sector and experts; and propose administrative, policy, statutory or constitutional changes that are necessary for the implementation of the recommendations contained in the Task force Report…”

      Data Source: https://perma.cc/5ZTA-MBH6

      Full Citation: Steering Committee on the Implementation of the Building Bridges. Report of the Steering Committee on the Implementation of the Building Bridges to a United Kenya Taskforce Report. 2020. https://s3-eu-west-1.amazonaws.com/s3.sourceafrica.net/documents/120777/Report-of-the-Steering-Committee-on-the.pdf . Page 1.

    22. QDR 03 Nov 2022
      Report of the Committee of Eminent Persons 2006

      <br> Source Excerpt: “On 24th February 2006, His Excellency the President appointed a Committee of Eminent Persons to undertake an evaluation of the Constitution of Kenya review process and to make recommendations on how to conclude the process… The Committee has compiled this report after listening to the views of Kenyans from all walks of life. This report is also informed by the findings of several studies and a national survey that the Committee commissioned in order to ensure that the views of Kenyans all over the country were captured.”

      Data Source: https://perma.cc/6KPN-8E7Z

      Full Citation: Committee of Eminent Persons. Report of the Committee of Eminent Persons on the Constitution Review Process. 2006. http://kenyalaw.org/kl/fileadmin/CommissionReports/Report-of-the-Committee-of-Eminent-Persons-on-the-Constitution-Review-Process.pdf . Page V.

    23. QDR 03 Nov 2022
      The BBI proposal concerning the Leader of the Official Opposition

      <br> Source Excerpt: “16. The Constitution is amended by inserting the following new Article immediately after Article 107— 107A. Leader of Official Opposition (1) There shall be a Leader of Official Opposition in the National Assembly. (2) The Leader of Official Opposition shall be the person— (a) who received the second greatest number of votes in a presidential election; and (b) whose political party or coalition of parties has at least twenty-five percent of all the members of the National Assembly.”

      Data Source: https://perma.cc/JW9L-9GRS

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://kenyalaw.org/kenyalawblog/wp-content/uploads/2020/10/Constitution-of-Kenya-Amendment-Bill-25-11-2020.pdf . Page 6.

    24. QDR 03 Nov 2022
      Mwau v Independent Electoral And Boundaries Commission 2017

      <br> Data Source: https://perma.cc/GDU7-EN49

      Full Citation: John Harun Mwau & 2 others v Independent Electoral and Boundaries Commission & 2 others. Petitions NOs. 2 and 4 of 2017 (Supreme Court of Kenya 2017).

    25. QDR 03 Nov 2022
      Constitution of Kenya Review Act (Act 9 of 2008)

      <br> Source Excerpt: “AN ACT of Parliament to facilitate the completion of the review of the Constitution of Kenya, and for connected purposes.”

      Data Source: https://perma.cc/J2AR-QN9Uhttps://perma.cc/TX8E-SDVY

      Full Citation: Parliament of Kenya. Constitution of Kenya Review Act (Act 9 of 2008). 2008. https://www.justice.gov/sites/default/files/eoir/legacy/2013/11/08/The_Constitution_of_Kenya_Review_Act_2008.pdf . Page 4.

    26. QDR 03 Nov 2022
      first, that ‘life begins at conception’ and, second, that ‘abortion is not permitted unless in the opinion of a registered medical practitioner the life of the mother is in danger’

      <br> Source Excerpt: “25 (1) Every person has the right to life.(2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally except as may be authorised by this Constitution or any other written law. (4) Abortion is not permitted unless in the opinion of a registered medical practitioner, the life of the mother is in danger.”

      Data Source: https://perma.cc/ZR8K-G67C

      Full Citation: Parliamentary Select Committee. Revised Harmonized Draft: Constitution of Kenya. 2010. https://constitutionnet.org/sites/default/files/draft_from_the_parliamentary_select_committee_to_the_coe.pdf . Page 22.

    27. QDR 03 Nov 2022
      Prime Minister is to be the leader of the largest party or largest coalition in the National Assembly

      <br> Source Excerpt: “151B. Appointment of the Prime Minister (1) Within seven days of the President being sworn in after a general election, or following an occurrence of a vacancy in the office of the Prime Minister, the President shall nominate a Prime Minister in accordance with this Article. (2) A person is eligible to be nominated as the Prime Minister if the person is an elected member of the National Assembly who is the leader in the National Assembly of the largest party or coalition of parties.”

      Data Source: https://perma.cc/JW9L-9GRS

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://kenyalaw.org/kenyalawblog/wp-content/uploads/2020/10/Constitution-of-Kenya-Amendment-Bill-25-11-2020.pdf . Page 9.

    28. QDR 03 Nov 2022
      mandated to start the review process by identifying the ‘contentious issues’

      <br> Source Excerpt: “3. The object and purpose of this Act is to- … (c) provide a mechanism for consensus-building on contentious issues in the review process … 23. The Committee of Experts Shall- … (b) identify the issues which are contentious or not agreed upon in the existing draft constitutions;”

      Data Source: https://perma.cc/J2AR-QN9U

      Full Citation: Parliament of Kenya. Constitution of Kenya Review Act Chapter 3A. 2009. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ConstitutionofKenyaReviewCap3A.pdf . Page 6.

    29. QDR 03 Nov 2022
      Committee of Experts on Constitutional Review 2010a

      <br> Data Source: https://perma.cc/Z85J-VZC8

      Full Citation: Committee of Experts on Constitutional Review. The Report of the Committee of Experts on Constitutional Review Issued on the Submission of the Reviewed harmonized Draft Constitution to the Parliamentary Selected Committee on Constitutional Review, 8th January, 2010. 2010. https://katibaculturalrights.files.wordpress.com/2016/04/final_report_on_the_reviewd_draft1.pdf .

    30. QDR 03 Nov 2022
      slate of proposed constitutional amendments

      <br> Data Source 1: https://perma.cc/JW9L-9GRS

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://parliament.go.ke/sites/default/files/2020-10/CONSTITUTION%20OF%20KENYA%20AMENDMENT%20Bill%2C%202020.pdf .

      Data Source 2: https://perma.cc/XE2V-3B22

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://kenyalaw.org/kenyalawblog/wp-content/uploads/2020/10/Constitution-of-Kenya-Amendment-Bill-25-11-2020.pdf .

    31. QDR 03 Nov 2022
      the Committee of Experts (CoE)

      <br> Source Excerpt: “8. (1) There is established a committee to be known as the Committee of Experts… 16. In the performance of its functions under this Act, the Committee of Experts shall not be subject to the control of any person or authority.”

      Data Source: https://perma.cc/J2AR-QN9U

      Full Citation: Parliament of Kenya. Constitution of Kenya Review Act Chapter 3A. 2009. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ConstitutionofKenyaReviewCap3A.pdf . Page 8.

    32. QDR 03 Nov 2022
      appointed by the President from among the members of the cabinet.

      <br> Source Excerpt: “151D. The Deputy Prime Ministers (1) There shall be two Deputy Prime Ministers appointed by the President from among the Cabinet Ministers. (2) A Deputy Prime Minister shall, in addition to their functions as a Cabinet Minister, (a) deputise for the Prime Minister in the execution of the Prime Minister’s functions; and (b) perform any other function the Prime Minister may assign.”

      Data Source: https://perma.cc/JW9L-9GRS

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://kenyalaw.org/kenyalawblog/wp-content/uploads/2020/10/Constitution-of-Kenya-Amendment-Bill-25-11-2020.pdf . Page 11.

    34. QDR 03 Nov 2022
      three principal draft constitutions

      <br> Data Source 1: https://perma.cc/NQ5D-R5DV

      Full Citation: Constitution of Kenya Review Commission. Draft Constitution of Kenya [Bomas Draft]. 2004. https://s3-eu-west-1.amazonaws.com/s3.sourceafrica.net/documents/118273/Kenya-4-Draft-Constitution-Bomas-Draft-2004.pdf .

      Data Source 2: https://perma.cc/KEX3-DSGR

      Full Citation: Parliament of Kenya. Proposed New Constitution. 2005. http://academia-ke.org/library/download/kenya-wako-draft-constitution-2005/?wpdmdl=7755&refresh=6117cb486d8df1628949320 .

    37. QDR 03 Nov 2022
      Wako Draft made the Prime Minister accountable to the President

      <br> Source Excerpt: “Appointment and functions of Prime Minister163.(1) There shall be a Prime Minister of the Republic, who shall be appointed by the President in accordance with the provisions of this Part. (2) The Prime Minister shall be accountable to the President and shall, under thegeneral direction of the President – (a) be the Leader of Government business in Parliament;(b) perform or cause to be performed such other duties as the President may direct; and (c) perform such other functions as are conferred by this Constitution and any other functions as the President may assign.”

      Data Source: https://perma.cc/KEX3-DSGR

      Full Citation: Parliament of Kenya.Proposed New Constitution. 2005. http://academia-ke.org/library/download/kenya-wako-draft-constitution-2005/?wpdmdl=7755&refresh=6117cb486d8df1628949320 . Page 92.

    38. QDR 03 Nov 2022
      brought the two forces (now called services) together under a single Inspector General

      <br> Source Excerpt: “224 (1) There is established the Kenya Internal Security Service consisting of-(a) the Kenya Police Service; and(b) the Administration Police Service.226 (1) There is established the office of the Inspector General of the Kenya Internal Security Service who shall be appointed by the President with the approval of the National Assembly."

      Data Source: https://perma.cc/ZR8K-G67C

      Full Citation: Parliamentary Select Committee. Revised Harmonized Draft: Constitution of Kenya. 2010. https://constitutionnet.org/sites/default/files/draft_from_the_parliamentary_select_committee_to_the_coe.pdf . Page 122.

    44. QDR 03 Nov 2022
      to be leader of government business in the Assembly and to supervise the “execution of the functions of ministries and government departments”.

      <br> Source Excerpt: "151A. Office of the Prime Minister (1) There shall be a Prime Minister appointed by the President in accordance with Article 151B.(2) The Prime Minister shall— (a) be the leader of government business in the National Assembly; (b) oversee the legislative agenda in the National Assembly on behalf of government; (c) supervise the execution of the functions of ministries and government departments; (d) chair cabinet committee meetings as assigned by the President; (e) assign any of the functions of the Office to the Deputy Prime Ministers; and (f) perform any other duty assigned by the President or conferred by legislation.”

      Data Source: https://perma.cc/JW9L-9GRS

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://kenyalaw.org/kenyalawblog/wp-content/uploads/2020/10/Constitution-of-Kenya-Amendment-Bill-25-11-2020.pdf . Page 9.

    47. QDR 03 Nov 2022
      Accord in 2008

      <br> Source Excerpt: “An Act of Parliament to give effect to the Agreement on the Principles of Partnership of the Coalition Government, to foster national accord and reconciliation, to provide for the formation of a coalition Government and the establishment of the offices of Prime Minister, Deputy Prime Ministers and Ministers of the Government of Kenya, their functions and various matters connected with and incidental to the foregoing.”

      Data Source: https://perma.cc/U288-Q9XB

      Full Citation: Parliament of Kenya. National Accord and Reconciliation Act No. 4 of 2008. 2008. http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/NationalAccordandReconciliationAct_No4of2008.pdf . Page 5.

    48. QDR 03 Nov 2022
      BBI’s proposed amendment

      <br> Source Excerpt: “22. Article 130 (1) of the Constitution is amended by inserting the words ‘the Prime Minister, the Deputy Prime Ministers’ immediately after the words ‘the Deputy President.’”

      Data Source: https://perma.cc/JW9L-9GRS

      Full Citation: Parliament of Kenya. The Constitution of Kenya (Amendment) Bill, 2020. 2020. http://kenyalaw.org/kenyalawblog/wp-content/uploads/2020/10/Constitution-of-Kenya-Amendment-Bill-25-11-2020.pdf . Page 8.

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    AnnoREP - Data for: Kosovo’s Independence Constitution: A Unilateral Commitment to an Internationalized Pouvoir Constituant
    101
    1. QDR 03 Nov 2022
      This was particularly the case for Annexes III on Decentralization, V on Religious and Cultural Heritage, VI on External Debt and VII on Property and Archives.

      <br> Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007.

    2. QDR 03 Nov 2022
      Kosovo.

      <br> Excerpt: “Article 22 Direct Applicability of International Agreements and Instruments

      Human rights and fundamental freedoms guaranteed by the following international agreements and instruments are guaranteed by this Constitution, are directly applicable in the Republic of Kosovo and, in the case of conflict, have priority over provisions of laws and other acts of public institutions:

      1. Universal Declaration of Human Rights;
      2. European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols;
      3. International Covenant on Civil and Political Rights and its Protocols;
      4. Council of Europe Framework Convention for the Protection of National Minorities;
      5. Convention on the Elimination of All Forms of Racial Discrimination;
      6. Convention on the Elimination of All Forms of Discrimination Against Women;
      7. Convention on the Rights of the Child;
      8. Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment;”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. Article 22. 2008. Page 6.

    3. QDR 03 Nov 2022
      developed.

      <br> Excerpt: “Article 15 Transitional Arrangements and Final Provisions

      15.1 Upon the entry into force of this Settlement, there shall be a 120 day transition period:<br /> a) During the transition period, UNMIK shall continue to exercise its mandate in accordance with relevant UN Security Council (UNSC) resolutions, in consultation with the International Civilian Representative (ICR). During the transition period, KFOR shall continue to exercise its mandate in accordance with relevant UNSC resolutions. The ICR shall have the authority to monitor implementation of the Settlement during the transition period and to make recommendations to UNMIK on actions to be taken to ensure compliance with the Settlement.;<br /> b) The Constitutional Framework for Provisional Self-Government and other applicable laws shall remain in effect until the end of the transition period to the extent not inconsistent with this Settlement.<br /> c) The Assembly of Kosovo shall formally approve a new Constitution before the end of this transition period, in accordance with the tens of this Settlement;<br /> (…)”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 9.

    4. QDR 03 Nov 2022
      NATO

      <br> Excerpt: “ANNEX XI<br /> INTERNATIONAL MILITARY PRESENCE

      Article 1 Objectives

      1.1 The International Military Presence (IMP) shall be responsible for:<br /> a. Ensuring the security of Kosovo from external threats, until Kosovo's institutions can take responsibility;<br /> b. Providing a safe and secure environment throughout the territory of Kosovo, in conjunction with the ICR and in support of the Kosovo institutions, until such time as Kosovo's institutions are capable of assuming responsibility, on a case-by-case basis, for the security tasks performed by the IMP;<br /> c. Supervising and supporting, with the assistance of others, the establishment and training of the Kosovo Security Force (KSF); this would include vetting potential members to ensure professionalism; striving to achieve appropriate ethnic representation, and, the right of sanction for inappropriate conduct of members of the KSF in coordination with the ICR;<br /> d. Verifying compliance with any military security aspects of this Settlement;<br /> e. Supporting, and coordinating closely with the work of the ICR, as well as providing military advice to the ICR;<br /> f. Assisting and advising with respect to the process of integration in Euro-Atlantic structures.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 58.

    5. QDR 03 Nov 2022
      it guided the Commission’s composition, requiring 21 members, three of whom would represent the Serb community and another three representing other minorities

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.2 The Constitutional Commission shall be composed of twenty-one (2 1) Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society having due regard for internationally recognized principles of gender equality, as reflected in the human rights instruments referred to in Article 2 of Annex I of this Settlement. Fifteen (15) members shall be appointed by the Resident of Kosovo, in consultation with the Presidency of the Assembly of the Kosovo. Three (3) members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb Community, and three (3) members appointed by the Assembly members holding seats reserved for other Communities that are not in the majority in Kosovo.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    6. QDR 03 Nov 2022
      The Settlement’s article 10

      <br> Excerpt: “Article 10 Constitutional Commission

      10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly of Kosovo, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement. (…).”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 7.

    7. QDR 03 Nov 2022
      State.”

      <br> Excerpt: “Article 1 General Principles<br /> (…)<br /> 1.7 Kosovo shall have its own, distinct, national symbols, including a flag, seal and anthem, reflecting its multi-ethnic character,

      1.8 Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 2.

    8. QDR 03 Nov 2022
      the 120-day transition period from Settlement’s “entry into force” moment

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.4 (…) The Assembly of Kosovo shall formally approve the Constitution within 120 days of the entry into force of this Settlement with a two thirds majority of its current members, following appropriate consultations with Assembly members of Communities who are not in the majority in Kosovo. Upon formal approval, the Constitution shall be deemed adopted by the Assembly of Kosovo and shall enter into force on the first day immediately following the end of the transition period, as defined in Article 15.1 of this Settlement..”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    10. QDR 03 Nov 2022
      article 15

      <br> Excerpt: “Article 15 Transitional Arrangements and Final Provisions

      15.1 Upon the entry into force of this Settlement, there shall be a 120 day transition period:<br /> a) During the transition period, UNMIK shall continue to exercise its mandate in accordance with relevant UN Security Council (UNSC) resolutions, in consultation with the International Civilian Representative (ICR). During the transition period, KFOR shall continue to exercise its mandate in accordance with relevant UNSC resolutions. The ICR shall have the authority to monitor implementation of the Settlement during the transition period and to make recommendations to UNMIK on actions to be taken to ensure compliance with the Settlement.<br /> b) The Constitutional Framework for Provisional Self-Government and other applicable laws shall remain in effect until the end of the transition period to the extent not inconsistent with this Settlement.<br /> c) The Assembly of Kosovo shall formally approve a new Constitution before the end of this transition period, in accordance with the tens of this Settlement.<br /> d) If. by the end of the transition period, the new Constitution ha. not been formally approved, UNMIK shall amend the Constitutional Framework for Provisional Self-Government, in accordance with the terms of this Settlement. The amended Constitutional Framework for Provisional Self-Government shall remain in force until such time as the new Constitution is adopted by the Assembly. (…)”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 9.

    11. QDR 03 Nov 2022
      pressure.

      <br> Excerpt: “Article 3 Equality Before the Law

      1. The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions.

      2. The exercise of public authority in the Republic of Kosovo shall be based upon the principles of equality of all individuals before the law and with full respect for internationally recognized fundamental human rights and freedoms, as well as protection of the rights of and participation by all Communities and their members.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. 2008. Page 1.

    12. QDR 03 Nov 2022
      articles 1

      <br> Excerpt: “ANNEX II<br /> THE RIGHTS OF COMMUNITIES AND THEIR MEMBERS

      Article 1 Basic Provisions

      1.1 Inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of Kosovo (Communities) shall have specific rights as set forth in this Annex, in addition to the human rights and fundamental freedoms provided for in Article 2 of Annex I of this Settlement,

      1.2 Every member of h Community shall have the right freely to choose to be treated or not to be treated as such and no discrimination shall result from this choice or from the exercise of the rights which are connected to that choice.

      1.3 Members of Communities shall have the right to freely express. foster and develop their identity and community attributes.

      1.4 The exercise of these rights shall carry with it duties and responsibilities to act in accordance with Kosovo law, and shall not violate the rights of others.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 18.

    13. QDR 03 Nov 2022
      (ii) Annex XII on the Legislative Agenda.

      <br> Excerpt: “ANNEX XII<br /> LEGISLATIVE AGENDA

      Article 1 Legislation to Be Formally Approved During the Transition Period

      The Assembly of Kosovo shall formally approve the necessary Iegislation to implement the terms of this Settlement during the 120day transition period, which shall be deemed adopted by the Assembly and shall become effective on the first day immediately following the transition period. Such legislation shall include, but not be limited to, the following laws or amendments thereto:

      1.1 Laws on General and Local Elections;<br /> 1.2 Law on Local Self-Government;<br /> 1.3 Law on Municipal Boundaries;<br /> 1.4 Law on the Establishment of Protective Zones;<br /> 1.5 Rules of procedures, or amendments thereto, as necessary to implement the terms of this Settlement immediately upon the end of the transition period, including, in particular, rules of procedures related to the protection and promotion of the rights of Communities and their members.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 60.

    14. QDR 03 Nov 2022
      Constitution’s Preamble

      <br> Excerpt: “We, the people of Kosovo,

      Determined to build a future of Kosovo as a free, democratic and peace-loving country that will be a homeland to all of its citizens;

      Committed to the creation of a state of free citizens that will guarantee the rights of every citizen, civil freedoms and equality of all citizens before the law;

      Committed to the state of Kosovo as a state of economic wellbeing and social prosperity;

      Convinced that the state of Kosovo will contribute to the stability of the region and entire Europe by creating relations of good neighborliness and cooperation with all neighboring countries;

      Convinced that the state of Kosovo will be a dignified member of the family of peace-loving states in the world;

      With the intention of having the state of Kosovo fully participating in the processes of Euro-Atlantic integration;

      In a solemn manner, we approve the Constitution of the Republic of Kosovo.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. 2008. Page V.

    15. QDR 03 Nov 2022
      Constitution.

      <br> Excerpt: “ANNEX XII<br /> LEGISLATIVE AGENDA

      Article 2 Legislation to be Formally Approved During or Adopted After the Transition Period

      The Assembly of Kosovo may formally, approve other legislation during the transition period to implement the terms of this Settlement, which, if approved, shall be deemed adopted by the Assembly and shall become effective on the first day immediately following the transition period. Such legislation shall otherwise be adopted as a matter of priority immediately upon the conclusion of the transition period, and shall include, but not be limited to, the following laws or amendments thereto:<br /> 2.1 Laws related to the Rights of Communities and their Members;<br /> 2.2 Law on the Establishment of the Kosovo Security Council;<br /> 2.3 Legislation to establish a Civil Aviation Authority;<br /> 2.4 Amendments to the Assembly Rules of Procedure for the Establishment of an Assembly Security Oversight Committee;<br /> 2.5 Legislation on Local Finance;<br /> 2.6 Laws related to distribution of competencies and other issues in the following sectors;<br /> 2.6.1 Education;<br /> 2.6.2 Health Care;<br /> 2.7 Law on the Kosovo Security Force;<br /> 2.8 Law on Service in the Kosovo Security Force;<br /> 2.9 Law on Service in the Kosovo Police;<br /> 2.10 Law on the Establishment of a Domestic Kosovo Intelligence Agency;<br /> 2.11 Law on Kosovo Citizenship;<br /> 2.12 Law on National Symbols and Public Holidays;<br /> 2.13 Law on Restitution.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 60.

    16. QDR 03 Nov 2022
      article 10 of the Settlement

      <br> Excerpt: “Article 10 – Constitutional Commission

      10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly of Kosovo, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement.

      10.2 The Constitutional Commission shall be composed of twenty-one (2 1) Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society having due regard for internationally recognized principles of gender equality, as reflected in the human rights instruments referred to in Article 2 of Annex I of this Settlement. Fifteen (1 5) members shall be appointed by the Resident of Kosovo, in consultation with the Presidency of the Assembly of the Kosovo. Three (3) members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb Community, and three (3) members appointed by the Assembly members holding seats reserved for other Communities that are not in the majority in Kosovo.

      10.3 The Commission shall establish meaningful mechanisms to inform members of the public about its work. The ICR shall appoint representatives to assist the work of the Commission, including in developing its rules of procedure and evaluating available international models for constitution drafting.

      10.4 The Assembly may not formally approve the Constitution until such time as the ICR has certified it as in accordance with the terms of this Settlement. The Assembly of Kosovo shall formally approve the Constitution within 120 days of the entry into force of this Settlement with a two thirds majority of its current members, following appropriate consultations with Assembly members of Communities who are not in the majority in Kosovo. Upon formal approval, the Constitution shall be deemed adopted by the Assembly of Kosovo and shall enter into force on the first day immediately following the end of the transition period, as defined in Article 15.1 of this Settlement.“

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 7.

    17. QDR 03 Nov 2022
      article 2 on Human Rights and Fundamental Freedoms

      <br> Excerpt: “ANNEX I<br /> CONSTITUTIONAL PROVISIONS

      Article 2 Provisions on the Promotion and Protection of Human Rights and Fundamental Freedoms

      2.1 The Constitution shall provide that the rights and freedoms set forth in the following international instruments and agreements shall be directly applicable in Kosovo and have priority over all other law; no amendments to the Constitution shall diminish these rights:

      Universal Declaration of Human Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols: International Covenant on Civil and Political Rights and its Protocols; Council of Europe Framework Convention for the Protection of National Minorities; Convention on the Elimination of All Forms of Racial Discrimination; Convention on the Elimination of dl Forms of Discrimination Against Women; Convention on the Rights of the Child; Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. (…)”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 10.

    19. QDR 03 Nov 2022
      article 4

      <br> Excerpt: “Article 4 Form of Government and Separation of Power

      1. Kosovo is a democratic Republic based on the principle of separation of powers and the checks and balances among them as provided in this Constitution.
      2. The Assembly of the Republic of Kosovo exercises the legislative power.
      3. The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution.
      4. The Government of the Republic of Kosovo is responsible for implementation of laws and state policies and is subject to parliamentarian control.
      5. The judicial power is unique and independent and is exercised by courts.
      6. The Constitutional Court is an independent organ in protecting the constitutionality and is the final interpreter of the Constitution.
      7. The Republic of Kosovo has institutions for the protection of the constitutional order and territorial integrity, public order and safety, which operate under the constitutional authority of the democratic institutions of the Republic of Kosovo.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. 2008. Page 1.

    20. QDR 03 Nov 2022
      3

      <br> Excerpt: “ANNEX II<br /> THE RIGHTS OF COMMUNITIES AND THEIR MEMBERS

      Article 3 Rights of Communities and their Members

      3.1 Members of communities shall have the right, individually or in Community, to:<br /> a. Express, maintain and develop their culture and preserve the essential elements of their identity, namely their religion, language, traditions and culture:<br /> b. Receive public education in one of the official languages of Kosovo of their choice at all levels;<br /> c. Receive pre-school, primary and secondary public education in their own language to the extent prescribed by law, with the thresholds for establishing specific classes or schools for this purpose being lower than normally stipulated for educational institutions;<br /> d. Establish and manage their own private educational and training establishments for which public financial assistance may be granted, in accordance with the law and international standards;<br /> e. Use their language and alphabet freely in private Adin public;<br /> f, Use of their language and alphabet in their relations with the municipal authorities or local offices of central authorities in areas where they represent a sufficient share of the population iqaccordance with the law. The costs incud by the use of an interpreter or a translator shall be borne by the competent authorities;<br /> g. Use and display Community symbols, in accordance with the law and international standards;<br /> (…).”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 19.

    21. QDR 03 Nov 2022
      Court.

      <br> Excerpt: “ANNEX I<br /> CONSTITUTIONAL PROVISIONS

      Article 6 The Constitutional Court and Justice System

      With regard to the Constitutional Court of Kosovo, the Constitution shall inter alia provide that:

      6.1 The Constitutional Court shall be composed of nine judges, which shall be distinguished jurists of the highest moral character.

      6.1.1 Six (6) judges shall be appointed by the President on the proposal of the Assembly. Of the six judges appointed for the first term of office following the entry into force of the Constitution, two (2) judges shall serve for a non-renewable term of three years, two (2) judges shall serve for a non-renewable term of six years, and two (2) judges shall serve for a non-renewable term of nine years. Thereafter, each judge appointed to the Constitutional Court shall be appointed for a nonrenewable term of nine years. The judges whose terms of office are to expire at the end of the initial periods of three or six years shall be chosen by lot by the President of Kosovo immediately after their appointment.

      6.1.2 With respect to four (4) of the six judicial positions, the decision to propose a person as a judge of the Constitutional Court shall require a two-thirds majority within the Assembly; with respect to the other two positions, the consent of the majority of the members of the Assembly including the consent of the majority of the members of the Assembly holding seats reserved or guaranteed for representatives of Communities that are not in the majority in Kosovo, shall be required.

      6,1.3 Three international judges shall be appointed by the President of the European Court of Human Rights, upon consultation with the International Civilian Representative. (…)”.

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 15.

    23. QDR 03 Nov 2022
      “establish meaningful mechanisms to inform members of the public about its work.”

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.3 The Commission shall establish meaningful mechanisms to inform members of the public about its work. The ICR shall appoint representatives to assist the work of the Commission, including in developing its rules of procedure and evaluating available international models for constitution drafting.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    24. QDR 03 Nov 2022
      period

      <br> Excerpt: “Article 1 General Principles

      (…)

      1.11 The international community shall supervise, monitor and have all necessary powers to ensure effective and efficient implementation of this Settlement, as set forth in Annexes IX, X and XI. Kosovo shall also issue an invitation to the international community to assist Kosovo in successfully fulfilling its obligations to this end.

      ANNEX IX<br /> INTERNATIONAL CIVILIAN REPRESENTATIVE

      Article 2 Mandate and Powers of the International Civilian Representative

      2.1 Regarding the general supervision of the implementation of this Settlement, the ICR shall:<br /> a. Be the final authority in Kosovo regarding interpretation of the civilian aspects of this Settlement:”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 2/52.

    25. QDR 03 Nov 2022
      aspects.

      <br> Excerpt: “ANNEX X<br /> EUROPEAN SECURITY AND DEFENCE POLICY (ESDP) MISSION

      Article 1 Mandate and Powers

      The ESDP Mission shall, under the direction of the European Union Special Representative, exercise the power as outlined in Article 2.3 of Annex IX of this Settlement.

      The ESDP Mission and its personnel will be accorded the privileges and immunities as specified in Article 4.6 of Annex IX of this Settlement.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 57.

    26. QDR 03 Nov 2022
      violation.

      <br> Excerpt: “ANNEX IXINTERNATIONAL CIVILIAN REPRESENTATIVE

      Article 2 Mandate and Powers of the International Civilian Representative

      2.1 Regarding the general supervision of the implementation of this Settlement, the ICR shall:

      a. Be the final authority in Kosovo regarding interpretation of the civilian aspects of this Settlement:<br /> b. Ensure effective implementation of this Settlement through the execution of specific tasks accorded to the ICR in other parts of this Settlement;<br /> c. Take corrective measures to remedy, as necessary, any actions taken by the Kosovo authorities that the ICR deems to be a breach of this Settlement, or seriously undermine the rule of law, or to be otherwise inconsistent with the terms or spirit of this Settlement; such corrective measures may include, but are not limited to, annulment of laws or decisions adopted by Kosovo authorities;<br /> d. In cases of serious or repeated failures to comply with the letter or spirit of this Settlement, and/or in instances of serious obstruction in the work of the ICR and/or ESDP Mission, the ICR shall have the authority to sanction or remove from office any public official or take other measures, as necessary, to ensure full respect for this Settlement and its implementation;<br /> e. Monitor, through his/her own office or through the establishment of appropriate reporting mechanisms from other international actors or organizations as may be present in Kosovo, the implementation of all civilian aspects of this Settlement.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 52.

    28. QDR 03 Nov 2022
      “the Assembly may not formally approve the Constitution until such time as the ICR has certified it.”

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.4 The Assembly may not formally approve the Constitution until such time as the ICR ha, certified it as in accordance with the terms of this Settlement.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    29. QDR 03 Nov 2022
      “immediately upon the entry into force of this Settlement”

      <br> Excerpt: “Article 10 Constitutional Commission

      10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly of Kosovo, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement. (…).”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    30. QDR 03 Nov 2022
      independence.

      <br> Excerpt: “ANNEX I<br /> CONSTITUTIONAL PROVISIONS

      Article 1 Basic Provisions

      The Constitution of Kosovo shall:<br /> 1.1 Be consistent in all its provisions with this Settlement. and be interpreted in accordance with this Settlement: in the event of a conflict between the provisions of the Constitution and the provisions of this Settlement, the latter shall prevail.<br /> 1.2 Incorporate the provisions set forth in Article 1, General Principles, of this Settlement.<br /> 1.3 Affirm that Kosovo is a multi-ethnic society based upon the equality of all citizens and the highest level of internationally recognized human rights and fundamental freedoms, as well as the promotion and protection of the rights and contributions of all its Communities and their members.<br /> 1.4 Affirm that Kosovo has no official religion and that it shall be neutral on questions of religious beliefs.<br /> 1.5 Affirm the responsibility of the Kosovo authorities to promote and facilitate the safe and dignified return of refugees and internally displaced persons from Kosovo. and to assist them in recovering their property and possessions.<br /> 1.6 Provide for the right of all citizens of the former Federal Republic of Yugoslavia habitually residing in Kosovo on 1 January 1998 and their direct descendants to Kosovo citizenship regardless of their current residence and of any other citizenship they may hold.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 10.

    32. QDR 03 Nov 2022
      it.

      <br> Excerpt: “ANNEX IXINTERNATIONAL CIVILIAN REPRESENTATIVE

      Article 4 Structure/staffing of the International Civilian Representative

      4.1 The ICR shall be appointed by an International Steering Group following consultations within the EU. The ISG shall seek UN Security Council endorsement of this appointment. The ISG shall have the following membership: France, Germany, Italy, Russia, United Kingdom, United States, European Union, European Commission, NATO.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 54.

    33. QDR 03 Nov 2022
      force.

      <br> Excerpt: “12.7 The ISG shall conduct its first review of the mandate of the ICR, on the basis of the state of implementation of this Settlement, no later than two years after the entry into force of this Settlement.”

      (…)<br /> Annex IX<br /> INTERNATIONAL CIVILLAN REPRESENTATIVE<br /> (…)<br /> Article 5 Reduction and Termination of the Mandate of the International Civilian Representative

      5.1 Based upon the recommendations of the ICR, the International Steering Group shall establish benchmarks for a periodical review of the mandate of the ICR, and shall conduct a full review of the powers of the ICR no later than two years after the entry into force of this Settlement, with a view to gradually reducing the scope of the powers of the ICR and the frequency of intervention.

      5.2 The mandate of the ICR shall be terminated when the International Steering Group determines that Kosovo has implemented the terms of this Settlement.

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 8/55.

    35. QDR 03 Nov 2022
      Report of the Special Envoy

      <br> Excerpt: “Mr. Eide has concluded that, while standards implementation in Kosovo has been uneven, the time has come to move to the next phase of the political process. Based on the assessment provided in the report and further consultations I have undertaken, in particular with my Special Representative, Mr. Søren Jessen-Petersen, I accept Mr. Eide’s conclusion. I therefore intend to initiate preparations for the possible appointment, in the light of the outcome of the forthcoming Council deliberations, of a special envoy to lead the future status process.”

      Data Source: https://perma.cc/UN6A-ZPSR

      Full Citation: Special Envoy of the United Nations Secretary-General. A Comprehensive Review of the Situation in Kosovo. Dated June 13, 2005. http://pbosnia.kentlaw.edu/kai-eide-report-N0554069.pdf . Page 1.

    36. QDR 03 Nov 2022
      Helsinki Final Act

      <br> Excerpt: “The participating States…Declare their determination to respect and put into practice, each of them in its relations with all other participating States, irrespective of their political, economic or social systems as well as of their size, geographical location or level of economic development, the following principles, which all are of primary significance, guiding their mutual relations"

      Data Source: https://perma.cc/SN92-P5WJ

      Full Citation: "Conference on Security and Co-operation in Europe Final Act". Signed August 1, 1975.https://www.osce.org/files/f/documents/5/c/39501.pdf . Page 4.

    37. QDR 03 Nov 2022
      community.

      <br> Data Source 1: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007.

      Data Source 2: https://perma.cc/B982-W2PZ

      Full Citation: Special Envoy of the United Nations Secretary-General. Report of the Special Envoy of the Secretary-General on Kosovo's Future Status. Dated October 24, 2005. https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Kosovo%20S2007%20168.pdf .

    40. QDR 03 Nov 2022
      resolution

      <br> Excerpt: “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.”

      Data Source: https://perma.cc/2WUB-KKCR

      Full Citation: National Assembly of Serbia. Serbia: "Draft Resolution 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. Published February 13, 2007. https://perma.cc/2WUB-KKCR .

    42. QDR 03 Nov 2022
      formally invited an international civilian presence to supervise the Settlement’s implementation and its unilaterally-declared status as independent

      <br> Excerpt: “5. We welcome the international community's continued support of our democratic development through international presences established in Kosovo on the basis of UN Security Council resolution 1244 (1999). We invite and welcome an international civilian presence to supervise our implementation of the Ahtisaari Plan, and a European Union-led rule of law mission. We also invite and welcome the North Atlantic Treaty Organization to retain the leadership role of the international military presence in Kosovo and to implement responsibilities assigned to it under UN Security Council resolution 1244 (1999) and the Ahtisaari Plan, until such time as Kosovo institutions are capable of assuming these responsibilities. We shall cooperate fully with these presences to ensure Kosovo's future peace, prosperity and stability.”

      Data Source: https://perma.cc/9CQY-C9BF

      Full Citation: Kosovo Declaration of Independence. Feb 17, 2008. https://www.refworld.org/docid/47d685632.html .

    43. QDR 03 Nov 2022
      parties.

      <br> Excerpt: “Upon our appointment as Troika representatives, we vowed to “leave no stone unturned” in the search for a mutually acceptable outcome. In pursuit of this goal, we explained to the parties the principles that would guide our work. First, we reaffirmed that Security Council resolution 1244 (1999) and the November 2005 guiding principles of the Contact Group would continue to be our operating framework. Second, we noted that while the Ahtisaari Settlement was still on the table, we would be prepared to endorse any agreement the parties might be able to reach. Both sides were repeatedly reminded of their responsibility for success or failure of the process.”

      Data Source: https://perma.cc/JY8H-VXMR

      Full Citation: European Union/United States/Russian Federation Troika on Kosovo. Report of the European/ Union/United States/ Russian Federation Troika on Kosovo. Dated December 4, 2007. https://reliefweb.int/sites/reliefweb.int/files/resources/09FC5B573AF25D48852573B1005A49D1-Full_Report.pdf . Page 2.

    44. QDR 03 Nov 2022
      “Guiding Principles”

      <br> Excerpt: “The Contact Group reaffirms the importance which it attaches to constructive and sustained dialogue at all levels between Belgrade and Pristina and between the different communities in Kosovo. It asks the authorities in Belgrade to actively encourage the Serbs of Kosovo to take their place in Kosovo’s institutions. The Security Council will remain actively seized of the matter. The final decision on the status of Kosovo should be endorsed by the Security Council. The Contact Group therefore informs all the involved parties that the outcome of the status process should be based on the principles set out below:”

      Data Source: https://perma.cc/6NBD-ZQR6

      Full Citation: The Contact Group. Huiding Principles of the Contact Group for a Settlement of the Status of Kosovo. Dated November 10, 2005. https://www.esiweb.org/pdf/kosovo_Contact%20Group%20-%20Ten%20Guiding%20principles%20for%20Ahtisaari.pdf . Page 1.

    46. QDR 03 Nov 2022
      country,

      <br> Data Source 1: https://doi.org/10.5064/F6CIKQNF/NWZEBP

      Full Citation: United Nations Security Council. Resolution 1272 (1999). Adopted October 25, 1999.

      Data Source 2: https://perma.cc/XQ7H-K5B5

      Full Citation: United Nations Transitional Administration in East Timor. On the Election of a Constituent Assembly to Prepare a Constitution for an Independent and Democratic East Timor. Published March 16, 2001. https://peacekeeping.un.org/en/mission/past/etimor/untaetR/reg20012.pdf .

    53. QDR 03 Nov 2022
      It committed to incorporating the “relevant” principles of the Settlement

      <br> Excerpt: “1. We, the democratically-elected leaders of our people, hereby declare Kosovo to be an independent and sovereign state. This declaration reflects the will of our people and it is in full accordance with the recommendations of UN Special Envoy Martti Ahtisaari and his Comprehensive Proposal for the Kosovo Status Settlement.”

      Data Source: https://perma.cc/9CQY-C9BF

      Full Citation: Kosovo Declaration of Independence. Feb 17, 2008. https://www.refworld.org/docid/47d685632.html .

    56. QDR 03 Nov 2022
      Kosovo Statute

      <br> Analytic note: “This document does not exist online. It is also very difficult to find a printed copy. Now, the legal basis for this Statute, is provided for in Article 110, paragraphs 1 and 2 of the 1990 Constitution of the Republic of Serbia, which maintains that: “The Statute is the highest legal act of the autonomous province laying down, on the basis of the Constitution, the responsibility of the autonomous province, elections, organisation and operation of its bodies and other issues of interest to the autonomous province. The Statute of the Autonomous Province shall be adopted by its Assembly, subject to prior approval of the National Assembly.” In addition, article 13 of the Constitutional Act Implementing the Constitution of the Republic of Serbia (Official Gazette of the Republic of Serbia, No. 1/1990), maintains that “The Assembly of the Republic of Serbia shall adopt a provisional statutory decision of the Autonomous Province of Kosovo and Metohija and call direct and secret elections to the Assembly of the Province according to the provisions of the Constitution and the provisional statutory decision. The newly elected Assembly of the Autonomous Province of Kosovo and Metohija shall adopt the Statute of the Province.”

      Data Source 1: https://doi.org/10.5064/F6CIKQNF/ZOK9NM

      Full Citation: Constitution of The Republic of Serbia 1990.

      Data Source 2: https://doi.org/10.5064/F6CIKQNF/FPWHWF

      Full Citation: Republic of Slovenia. Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-government of Kosovo (Request for an Advisory Opinion)." Submitted July 17, 2009.

    58. QDR 03 Nov 2022
      steps.

      <br> Excerpt: “We, a Troika of representatives from the European Union, the United States and the Russian Federation, have spent the last four months conducting negotiations between Belgrade and Pristina on the future status of Kosovo. Our objective was to facilitate an agreement between the parties. (…)The Troika was able to facilitate high-level, intense and substantive discussions between Belgrade and Pristina. Nonetheless, the parties were unable to reach an agreement on the final status of Kosovo. Neither party was willing to cede its position on the fundamental question of sovereignty over Kosovo. This is regrettable, as a negotiated settlement is in the best interests of both parties.”

      Data Source: https://perma.cc/JY8H-VXMR

      Full Citation: European Union/United States/Russian Federation Troika on Kosovo. Report of the European/ Union/United States/ Russian Federation Troika on Kosovo. Dated December 4, 2007. https://reliefweb.int/sites/reliefweb.int/files/resources/09FC5B573AF25D48852573B1005A49D1-Full_Report.pdf . Page 2.

    62. QDR 03 Nov 2022
      Resolutions

      <br> Data Source 1: https://perma.cc/77VZ-MSEJ

      Full Citation: United Nations Security Council. Resolution 1271. (1999). Adopted October 22, 1999. http://unscr.com/files/1999/01271.pdf .

      Data Source 2: https://perma.cc/VMC2-C38B

      Full Citation: United Nations Security Council. Resolution 1511 (2003). Adopted October 16, 2003.

      Data Source 3: https://perma.cc/X69A-D9XQ

      Full Citation: United Nations Security Council. Resolution 1546 (2004). Adopted June 8, 2004. http://unscr.com/files/2004/01546.pdf .

    67. QDR 03 Nov 2022
      Kosovo.

      <br> Excerpt: “Article 22 Direct Applicability of International Agreements and Instruments

      Human rights and fundamental freedoms guaranteed by the following international agreements and instruments are guaranteed by this Constitution, are directly applicable in the Republic of Kosovo and, in the case of conflict, have priority over provisions of laws and other acts of public institutions:

      1. Universal Declaration of Human Rights;
      2. European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols;
      3. International Covenant on Civil and Political Rights and its Protocols;
      4. Council of Europe Framework Convention for the Protection of National Minorities;
      5. Convention on the Elimination of All Forms of Racial Discrimination;
      6. Convention on the Elimination of All Forms of Discrimination Against Women;
      7. Convention on the Rights of the Child;
      8. Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment;”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. Article 22. 2008. Page 6.

    68. QDR 03 Nov 2022
      developed.

      <br> Excerpt: “Article 15 Transitional Arrangements and Final Provisions

      15.1 Upon the entry into force of this Settlement, there shall be a 120 day transition period:<br /> a) During the transition period, UNMIK shall continue to exercise its mandate in accordance with relevant UN Security Council (UNSC) resolutions, in consultation with the International Civilian Representative (ICR). During the transition period, KFOR shall continue to exercise its mandate in accordance with relevant UNSC resolutions. The ICR shall have the authority to monitor implementation of the Settlement during the transition period and to make recommendations to UNMIK on actions to be taken to ensure compliance with the Settlement.;<br /> b) The Constitutional Framework for Provisional Self-Government and other applicable laws shall remain in effect until the end of the transition period to the extent not inconsistent with this Settlement.<br /> c) The Assembly of Kosovo shall formally approve a new Constitution before the end of this transition period, in accordance with the tens of this Settlement;<br /> (…)”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 9.

    69. QDR 03 Nov 2022
      NATO

      <br> Excerpt: “ANNEX XI<br /> INTERNATIONAL MILITARY PRESENCE

      Article 1 Objectives

      1.1 The International Military Presence (IMP) shall be responsible for:<br /> a. Ensuring the security of Kosovo from external threats, until Kosovo's institutions can take responsibility;<br /> b. Providing a safe and secure environment throughout the territory of Kosovo, in conjunction with the ICR and in support of the Kosovo institutions, until such time as Kosovo's institutions are capable of assuming responsibility, on a case-by-case basis, for the security tasks performed by the IMP;<br /> c. Supervising and supporting, with the assistance of others, the establishment and training of the Kosovo Security Force (KSF); this would include vetting potential members to ensure professionalism; striving to achieve appropriate ethnic representation, and, the right of sanction for inappropriate conduct of members of the KSF in coordination with the ICR;<br /> d. Verifying compliance with any military security aspects of this Settlement;<br /> e. Supporting, and coordinating closely with the work of the ICR, as well as providing military advice to the ICR;<br /> f. Assisting and advising with respect to the process of integration in Euro-Atlantic structures.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 58.

    70. QDR 03 Nov 2022
      it guided the Commission’s composition, requiring 21 members, three of whom would represent the Serb community and another three representing other minorities

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.2 The Constitutional Commission shall be composed of twenty-one (2 1) Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society having due regard for internationally recognized principles of gender equality, as reflected in the human rights instruments referred to in Article 2 of Annex I of this Settlement. Fifteen (15) members shall be appointed by the Resident of Kosovo, in consultation with the Presidency of the Assembly of the Kosovo. Three (3) members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb Community, and three (3) members appointed by the Assembly members holding seats reserved for other Communities that are not in the majority in Kosovo.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    71. QDR 03 Nov 2022
      The Settlement’s article 10

      <br> Excerpt: “Article 10 Constitutional Commission

      10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly of Kosovo, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement. (…).”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 7.

    72. QDR 03 Nov 2022
      State.”

      <br> Excerpt: “Article 1 General Principles<br /> (…)<br /> 1.7 Kosovo shall have its own, distinct, national symbols, including a flag, seal and anthem, reflecting its multi-ethnic character,

      1.8 Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 2.

    73. QDR 03 Nov 2022
      the 120-day transition period from Settlement’s “entry into force” moment

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.4 (…) The Assembly of Kosovo shall formally approve the Constitution within 120 days of the entry into force of this Settlement with a two thirds majority of its current members, following appropriate consultations with Assembly members of Communities who are not in the majority in Kosovo. Upon formal approval, the Constitution shall be deemed adopted by the Assembly of Kosovo and shall enter into force on the first day immediately following the end of the transition period, as defined in Article 15.1 of this Settlement..”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    75. QDR 03 Nov 2022
      article 15

      <br> Excerpt: “Article 15 Transitional Arrangements and Final Provisions

      15.1 Upon the entry into force of this Settlement, there shall be a 120 day transition period:<br /> a) During the transition period, UNMIK shall continue to exercise its mandate in accordance with relevant UN Security Council (UNSC) resolutions, in consultation with the International Civilian Representative (ICR). During the transition period, KFOR shall continue to exercise its mandate in accordance with relevant UNSC resolutions. The ICR shall have the authority to monitor implementation of the Settlement during the transition period and to make recommendations to UNMIK on actions to be taken to ensure compliance with the Settlement.<br /> b) The Constitutional Framework for Provisional Self-Government and other applicable laws shall remain in effect until the end of the transition period to the extent not inconsistent with this Settlement.<br /> c) The Assembly of Kosovo shall formally approve a new Constitution before the end of this transition period, in accordance with the tens of this Settlement.<br /> d) If. by the end of the transition period, the new Constitution ha. not been formally approved, UNMIK shall amend the Constitutional Framework for Provisional Self-Government, in accordance with the terms of this Settlement. The amended Constitutional Framework for Provisional Self-Government shall remain in force until such time as the new Constitution is adopted by the Assembly. (…)”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 9.

    76. QDR 03 Nov 2022
      pressure.

      <br> Excerpt: “Article 3 Equality Before the Law

      1. The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions.

      2. The exercise of public authority in the Republic of Kosovo shall be based upon the principles of equality of all individuals before the law and with full respect for internationally recognized fundamental human rights and freedoms, as well as protection of the rights of and participation by all Communities and their members.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. 2008. Page 1.

    77. QDR 03 Nov 2022
      articles 1

      <br> Excerpt: “ANNEX II<br /> THE RIGHTS OF COMMUNITIES AND THEIR MEMBERS

      Article 1 Basic Provisions

      1.1 Inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of Kosovo (Communities) shall have specific rights as set forth in this Annex, in addition to the human rights and fundamental freedoms provided for in Article 2 of Annex I of this Settlement,

      1.2 Every member of h Community shall have the right freely to choose to be treated or not to be treated as such and no discrimination shall result from this choice or from the exercise of the rights which are connected to that choice.

      1.3 Members of Communities shall have the right to freely express. foster and develop their identity and community attributes.

      1.4 The exercise of these rights shall carry with it duties and responsibilities to act in accordance with Kosovo law, and shall not violate the rights of others.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 18.

    78. QDR 03 Nov 2022
      (ii) Annex XII on the Legislative Agenda.

      <br> Excerpt: “ANNEX XII<br /> LEGISLATIVE AGENDA

      Article 1 Legislation to Be Formally Approved During the Transition Period

      The Assembly of Kosovo shall formally approve the necessary Iegislation to implement the terms of this Settlement during the 120day transition period, which shall be deemed adopted by the Assembly and shall become effective on the first day immediately following the transition period. Such legislation shall include, but not be limited to, the following laws or amendments thereto:

      1.1 Laws on General and Local Elections;<br /> 1.2 Law on Local Self-Government;<br /> 1.3 Law on Municipal Boundaries;<br /> 1.4 Law on the Establishment of Protective Zones;<br /> 1.5 Rules of procedures, or amendments thereto, as necessary to implement the terms of this Settlement immediately upon the end of the transition period, including, in particular, rules of procedures related to the protection and promotion of the rights of Communities and their members.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 60.

    79. QDR 03 Nov 2022
      Constitution’s Preamble

      <br> Excerpt: “We, the people of Kosovo,

      Determined to build a future of Kosovo as a free, democratic and peace-loving country that will be a homeland to all of its citizens;

      Committed to the creation of a state of free citizens that will guarantee the rights of every citizen, civil freedoms and equality of all citizens before the law;

      Committed to the state of Kosovo as a state of economic wellbeing and social prosperity;

      Convinced that the state of Kosovo will contribute to the stability of the region and entire Europe by creating relations of good neighborliness and cooperation with all neighboring countries;

      Convinced that the state of Kosovo will be a dignified member of the family of peace-loving states in the world;

      With the intention of having the state of Kosovo fully participating in the processes of Euro-Atlantic integration;

      In a solemn manner, we approve the Constitution of the Republic of Kosovo.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. 2008. Page V.

    80. QDR 03 Nov 2022
      Constitution.

      <br> Excerpt: “ANNEX XII<br /> LEGISLATIVE AGENDA

      Article 2 Legislation to be Formally Approved During or Adopted After the Transition Period

      The Assembly of Kosovo may formally, approve other legislation during the transition period to implement the terms of this Settlement, which, if approved, shall be deemed adopted by the Assembly and shall become effective on the first day immediately following the transition period. Such legislation shall otherwise be adopted as a matter of priority immediately upon the conclusion of the transition period, and shall include, but not be limited to, the following laws or amendments thereto:<br /> 2.1 Laws related to the Rights of Communities and their Members;<br /> 2.2 Law on the Establishment of the Kosovo Security Council;<br /> 2.3 Legislation to establish a Civil Aviation Authority;<br /> 2.4 Amendments to the Assembly Rules of Procedure for the Establishment of an Assembly Security Oversight Committee;<br /> 2.5 Legislation on Local Finance;<br /> 2.6 Laws related to distribution of competencies and other issues in the following sectors;<br /> 2.6.1 Education;<br /> 2.6.2 Health Care;<br /> 2.7 Law on the Kosovo Security Force;<br /> 2.8 Law on Service in the Kosovo Security Force;<br /> 2.9 Law on Service in the Kosovo Police;<br /> 2.10 Law on the Establishment of a Domestic Kosovo Intelligence Agency;<br /> 2.11 Law on Kosovo Citizenship;<br /> 2.12 Law on National Symbols and Public Holidays;<br /> 2.13 Law on Restitution.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 60.

    81. QDR 03 Nov 2022
      article 10 of the Settlement

      <br> Excerpt: “Article 10 – Constitutional Commission

      10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly of Kosovo, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement.

      10.2 The Constitutional Commission shall be composed of twenty-one (2 1) Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society having due regard for internationally recognized principles of gender equality, as reflected in the human rights instruments referred to in Article 2 of Annex I of this Settlement. Fifteen (1 5) members shall be appointed by the Resident of Kosovo, in consultation with the Presidency of the Assembly of the Kosovo. Three (3) members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb Community, and three (3) members appointed by the Assembly members holding seats reserved for other Communities that are not in the majority in Kosovo.

      10.3 The Commission shall establish meaningful mechanisms to inform members of the public about its work. The ICR shall appoint representatives to assist the work of the Commission, including in developing its rules of procedure and evaluating available international models for constitution drafting.

      10.4 The Assembly may not formally approve the Constitution until such time as the ICR has certified it as in accordance with the terms of this Settlement. The Assembly of Kosovo shall formally approve the Constitution within 120 days of the entry into force of this Settlement with a two thirds majority of its current members, following appropriate consultations with Assembly members of Communities who are not in the majority in Kosovo. Upon formal approval, the Constitution shall be deemed adopted by the Assembly of Kosovo and shall enter into force on the first day immediately following the end of the transition period, as defined in Article 15.1 of this Settlement.“

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 7.

    82. QDR 03 Nov 2022
      article 2 on Human Rights and Fundamental Freedoms

      <br> Excerpt: “ANNEX I<br /> CONSTITUTIONAL PROVISIONS

      Article 2 Provisions on the Promotion and Protection of Human Rights and Fundamental Freedoms

      2.1 The Constitution shall provide that the rights and freedoms set forth in the following international instruments and agreements shall be directly applicable in Kosovo and have priority over all other law; no amendments to the Constitution shall diminish these rights:

      Universal Declaration of Human Rights; European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols: International Covenant on Civil and Political Rights and its Protocols; Council of Europe Framework Convention for the Protection of National Minorities; Convention on the Elimination of All Forms of Racial Discrimination; Convention on the Elimination of dl Forms of Discrimination Against Women; Convention on the Rights of the Child; Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. (…)”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 10.

    84. QDR 03 Nov 2022
      article 4

      <br> Excerpt: “Article 4 Form of Government and Separation of Power

      1. Kosovo is a democratic Republic based on the principle of separation of powers and the checks and balances among them as provided in this Constitution.
      2. The Assembly of the Republic of Kosovo exercises the legislative power.
      3. The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution.
      4. The Government of the Republic of Kosovo is responsible for implementation of laws and state policies and is subject to parliamentarian control.
      5. The judicial power is unique and independent and is exercised by courts.
      6. The Constitutional Court is an independent organ in protecting the constitutionality and is the final interpreter of the Constitution.
      7. The Republic of Kosovo has institutions for the protection of the constitutional order and territorial integrity, public order and safety, which operate under the constitutional authority of the democratic institutions of the Republic of Kosovo.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/ZHIRPP

      Full Citation: Constitution of Kosovo. 2008. Page 1.

    85. QDR 03 Nov 2022
      3

      <br> Excerpt: “ANNEX II<br /> THE RIGHTS OF COMMUNITIES AND THEIR MEMBERS

      Article 3 Rights of Communities and their Members

      3.1 Members of communities shall have the right, individually or in Community, to:<br /> a. Express, maintain and develop their culture and preserve the essential elements of their identity, namely their religion, language, traditions and culture:<br /> b. Receive public education in one of the official languages of Kosovo of their choice at all levels;<br /> c. Receive pre-school, primary and secondary public education in their own language to the extent prescribed by law, with the thresholds for establishing specific classes or schools for this purpose being lower than normally stipulated for educational institutions;<br /> d. Establish and manage their own private educational and training establishments for which public financial assistance may be granted, in accordance with the law and international standards;<br /> e. Use their language and alphabet freely in private Adin public;<br /> f, Use of their language and alphabet in their relations with the municipal authorities or local offices of central authorities in areas where they represent a sufficient share of the population iqaccordance with the law. The costs incud by the use of an interpreter or a translator shall be borne by the competent authorities;<br /> g. Use and display Community symbols, in accordance with the law and international standards;<br /> (…).”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 19.

    86. QDR 03 Nov 2022
      Court.

      <br> Excerpt: “ANNEX I<br /> CONSTITUTIONAL PROVISIONS

      Article 6 The Constitutional Court and Justice System

      With regard to the Constitutional Court of Kosovo, the Constitution shall inter alia provide that:

      6.1 The Constitutional Court shall be composed of nine judges, which shall be distinguished jurists of the highest moral character.

      6.1.1 Six (6) judges shall be appointed by the President on the proposal of the Assembly. Of the six judges appointed for the first term of office following the entry into force of the Constitution, two (2) judges shall serve for a non-renewable term of three years, two (2) judges shall serve for a non-renewable term of six years, and two (2) judges shall serve for a non-renewable term of nine years. Thereafter, each judge appointed to the Constitutional Court shall be appointed for a nonrenewable term of nine years. The judges whose terms of office are to expire at the end of the initial periods of three or six years shall be chosen by lot by the President of Kosovo immediately after their appointment.

      6.1.2 With respect to four (4) of the six judicial positions, the decision to propose a person as a judge of the Constitutional Court shall require a two-thirds majority within the Assembly; with respect to the other two positions, the consent of the majority of the members of the Assembly including the consent of the majority of the members of the Assembly holding seats reserved or guaranteed for representatives of Communities that are not in the majority in Kosovo, shall be required.

      6,1.3 Three international judges shall be appointed by the President of the European Court of Human Rights, upon consultation with the International Civilian Representative. (…)”.

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 15.

    88. QDR 03 Nov 2022
      “establish meaningful mechanisms to inform members of the public about its work.”

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.3 The Commission shall establish meaningful mechanisms to inform members of the public about its work. The ICR shall appoint representatives to assist the work of the Commission, including in developing its rules of procedure and evaluating available international models for constitution drafting.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    89. QDR 03 Nov 2022
      period

      <br> Excerpt: “Article 1 General Principles

      (…)

      1.11 The international community shall supervise, monitor and have all necessary powers to ensure effective and efficient implementation of this Settlement, as set forth in Annexes IX, X and XI. Kosovo shall also issue an invitation to the international community to assist Kosovo in successfully fulfilling its obligations to this end.

      ANNEX IX<br /> INTERNATIONAL CIVILIAN REPRESENTATIVE

      Article 2 Mandate and Powers of the International Civilian Representative

      2.1 Regarding the general supervision of the implementation of this Settlement, the ICR shall:<br /> a. Be the final authority in Kosovo regarding interpretation of the civilian aspects of this Settlement:”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 2/52.

    90. QDR 03 Nov 2022
      “the Assembly may not formally approve the Constitution until such time as the ICR has certified it.”

      <br> Excerpt: “Article 10 Constitutional Commission

      (…)

      10.4 The Assembly may not formally approve the Constitution until such time as the ICR ha, certified it as in accordance with the terms of this Settlement.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    91. QDR 03 Nov 2022
      violation.

      <br> Excerpt: “ANNEX IXINTERNATIONAL CIVILIAN REPRESENTATIVE

      Article 2 Mandate and Powers of the International Civilian Representative

      2.1 Regarding the general supervision of the implementation of this Settlement, the ICR shall:

      a. Be the final authority in Kosovo regarding interpretation of the civilian aspects of this Settlement:<br /> b. Ensure effective implementation of this Settlement through the execution of specific tasks accorded to the ICR in other parts of this Settlement;<br /> c. Take corrective measures to remedy, as necessary, any actions taken by the Kosovo authorities that the ICR deems to be a breach of this Settlement, or seriously undermine the rule of law, or to be otherwise inconsistent with the terms or spirit of this Settlement; such corrective measures may include, but are not limited to, annulment of laws or decisions adopted by Kosovo authorities;<br /> d. In cases of serious or repeated failures to comply with the letter or spirit of this Settlement, and/or in instances of serious obstruction in the work of the ICR and/or ESDP Mission, the ICR shall have the authority to sanction or remove from office any public official or take other measures, as necessary, to ensure full respect for this Settlement and its implementation;<br /> e. Monitor, through his/her own office or through the establishment of appropriate reporting mechanisms from other international actors or organizations as may be present in Kosovo, the implementation of all civilian aspects of this Settlement.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 52.

    92. QDR 03 Nov 2022
      aspects.

      <br> Excerpt: “ANNEX X<br /> EUROPEAN SECURITY AND DEFENCE POLICY (ESDP) MISSION

      Article 1 Mandate and Powers

      The ESDP Mission shall, under the direction of the European Union Special Representative, exercise the power as outlined in Article 2.3 of Annex IX of this Settlement.

      The ESDP Mission and its personnel will be accorded the privileges and immunities as specified in Article 4.6 of Annex IX of this Settlement.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 57.

    93. QDR 03 Nov 2022
      “immediately upon the entry into force of this Settlement”

      <br> Excerpt: “Article 10 Constitutional Commission

      10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly of Kosovo, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement. (…).”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 6.

    97. QDR 03 Nov 2022
      independence.

      <br> Excerpt: “ANNEX I<br /> CONSTITUTIONAL PROVISIONS

      Article 1 Basic Provisions

      The Constitution of Kosovo shall:<br /> 1.1 Be consistent in all its provisions with this Settlement. and be interpreted in accordance with this Settlement: in the event of a conflict between the provisions of the Constitution and the provisions of this Settlement, the latter shall prevail.<br /> 1.2 Incorporate the provisions set forth in Article 1, General Principles, of this Settlement.<br /> 1.3 Affirm that Kosovo is a multi-ethnic society based upon the equality of all citizens and the highest level of internationally recognized human rights and fundamental freedoms, as well as the promotion and protection of the rights and contributions of all its Communities and their members.<br /> 1.4 Affirm that Kosovo has no official religion and that it shall be neutral on questions of religious beliefs.<br /> 1.5 Affirm the responsibility of the Kosovo authorities to promote and facilitate the safe and dignified return of refugees and internally displaced persons from Kosovo. and to assist them in recovering their property and possessions.<br /> 1.6 Provide for the right of all citizens of the former Federal Republic of Yugoslavia habitually residing in Kosovo on 1 January 1998 and their direct descendants to Kosovo citizenship regardless of their current residence and of any other citizenship they may hold.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 10.

    98. QDR 03 Nov 2022
      resolution

      <br> Excerpt: “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.”

      Data Source: https://perma.cc/2WUB-KKCR

      Full Citation: National Assembly of Serbia. Serbia: "Draft Resolution 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. Published February 13, 2007. https://perma.cc/2WUB-KKCR .

    99. QDR 03 Nov 2022
      it.

      <br> Excerpt: “ANNEX IXINTERNATIONAL CIVILIAN REPRESENTATIVE

      Article 4 Structure/staffing of the International Civilian Representative

      4.1 The ICR shall be appointed by an International Steering Group following consultations within the EU. The ISG shall seek UN Security Council endorsement of this appointment. The ISG shall have the following membership: France, Germany, Italy, Russia, United Kingdom, United States, European Union, European Commission, NATO.”

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 54.

    100. QDR 03 Nov 2022
      force.

      <br> Excerpt: “12.7 The ISG shall conduct its first review of the mandate of the ICR, on the basis of the state of implementation of this Settlement, no later than two years after the entry into force of this Settlement.”

      (…)<br /> Annex IX<br /> INTERNATIONAL CIVILLAN REPRESENTATIVE<br /> (…)<br /> Article 5 Reduction and Termination of the Mandate of the International Civilian Representative

      5.1 Based upon the recommendations of the ICR, the International Steering Group shall establish benchmarks for a periodical review of the mandate of the ICR, and shall conduct a full review of the powers of the ICR no later than two years after the entry into force of this Settlement, with a view to gradually reducing the scope of the powers of the ICR and the frequency of intervention.

      5.2 The mandate of the ICR shall be terminated when the International Steering Group determines that Kosovo has implemented the terms of this Settlement.

      Data Source: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007. Page 8/55.

    101. QDR 03 Nov 2022
      community.

      <br> Data Source 1: https://doi.org/10.5064/F6CIKQNF/NATAKH

      Full Citation: United Nations Security Council. Comprehensive Proposal for the Kosovo Status Settlement. Dated March 26, 2007.

      Data Source 2: https://perma.cc/B982-W2PZ

      Full Citation: Special Envoy of the United Nations Secretary-General. Report of the Special Envoy of the Secretary-General on Kosovo's Future Status. Dated October 24, 2005. https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/Kosovo%20S2007%20168.pdf .

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