Serbian parliament's Kosovo resolution

The text of the resolution on the protection of sovereignty, territorial integrity and constitutional order of the Republic of Serbia proposed by the Serbian government, adopted by parliament on December 26, 2007, in Belgrade.

Reaffirming the resolutions of the Serbian National Assembly of July 24, 2007, February 14, 2007 and November 21, 2005, which determined the principles and guidelines for implementing Serbia’s state policy regarding Kosovo-Metohija,

Bearing in mind the actual danger to the sovereignty and territorial integrity of the Republic of Serbia, which stems from threats of unilateral declaration of Kosovo independence by provisional self-government institutions in the province, as well as from statements of certain states that they will recognize Kosovo’s unilateral independence,

Announcing to all international participants that in line with the UN Charter and the Serbian Constitution, the Republic of Serbia has the right and the obligation to resort to legal means in order to oppose such a course of events,

Stating its readiness to contribute to a peaceful and compromised solution to this issue based on the principles and norms of international law and its Constitution, even in the current situation which threatens the sovereignty and territorial integrity of the Republic of Serbia,

Guided by the necessity to continue the unanimous state policy and defend the honor and dignity of its people whom it legitimately and democratically represents,

The National Assembly of the Republic of Serbia, at the session held on December 26, 2007, hereby adopts the following

Resolution of the National Assembly on the protection of sovereignty, territorial integrity and constitutional order of the Republic of Serbia

1. Based on the report of the state negotiating team on the second stage of talks on the Kosovo-Metohija future status (August 10–December 10), the National Assembly agrees that the Albanian side has evaded the actual talks in the same manner as in the first stage, led by Martti Ahtisaari. The main reason for this obstruction is the stance of certain Western states that Kosovo should get independence. In the light of this stance, there was no actual encouragement for the Albanian delegation to seek a compromised solution on the Kosovo-Metohija future status in the course of the negotiations;

2. The National Assembly agrees that certain Western states are severely opposed to a continuation of talks on Kosovo-Metohija’s future status, which prevented the Security Council from finding a compromised solution to this issue. These states encouraged Albanian representatives in Kosovo-Metohija to declare the province’s independence and threatened the Republic of Serbia with the recognition of this illegal act;

3. The National Assembly agrees with particular concern that with its conclusions from December 14, 2007 (conclusions 65–70), the Council of the European Union heralded activities regarding Kosovo-Metohija in the province itself which would directly endanger the sovereignty and territorial integrity of the Republic of Serbia;

4. The National Assembly agrees that the declaration of Kosovo independence, as well as the recognition of the province’s independence on the part of any state, will be a harsh violation of international law, primarily the UN Charter, Helsinki Final Act and UN Security Council Resolution 1244. Such acts and activities will directly jeopardize the sovereignty, territorial integrity and constitutional order of the Republic of Serbia;

5. The National Assembly agrees that the establishment of the proposed EU mission for implementing Ahtisaari’s rejected plan will be a violation of the sovereignty, territorial integrity and constitutional order of the Republic of Serbia. In July 2007, the Security Council rejected six draft resolutions based on Ahtisaari’s plan, including those based on annexes 10 and 11. These annexes concerned the set up of an EU mission and NATO forces in Kosovo-Metohija. Bearing in mind, the National Assembly demands that prior to the arrival of any mission which would replace the current UN administration, a compromised solution for the future status of Kosovo-Metohija, which the UN Security Council will approve, must first be found through talks. The National Assembly demands that the Serbian government reaches agreement with the EU that an EU mission cannot come to Kosovo-Metohija, i.e. Serbia’s territory, without an appropriate decision of the Security Council;

6. Due to the overall role of NATO, from the illegal bombardment of Serbia without a Security Council decision to Annex 11 of the rejected Ahtisaari’s plan, which determines that NATO is “ultimate supervisory authority” in an “independent Kosovo”, the National Assembly hereby declares the neutral status of the Republic of Serbia towards effective military alliances until a referendum is called, at which the final decision on this issue will be made;

7. Considering all the above stated facts, the National Assembly determines the following stances as the action framework for state organs and other public factors in the defense of the sovereignty, territorial integrity and constitutional order of the Republic of Serbia:

a) The defense of Kosovo-Metohija as an integral part of the Republic of Serbia will be the priority of state institutions and all public factors in the state until the adoption of a compromise solution of the issue, based on UN Security Council Resolution 1244;

b) All acts of declaration and recognition of Kosovo-Metohija’s independence, as well as all activities in the international surroundings which might stem from these acts, regardless of who adopts and implements them, will be declared null and void and in contravention of the constitutional order of the Republic of Serbia. Appropriately, Kosovo-Metohija will be considered a constituent part of the Republic of Serbia in all interior and foreign affairs of the state, its organs and public factors. This stance will be relevant for any individual act or activity on the part of state organs and public factors until the adoption of a compromise solution on the issue, based on UN Security Council Resolution 1244. Diplomatic and all other relations with states which recognize the Kosovo-Metohija independence will be particularly reconsidered;

c) The Serbian government is under obligation to devise a concrete and comprehensive plan of measures to be taken in all areas of its competences in case of Kosovo-Metohija’s illegal declaration of independence;

d) The Serbian government is under obligation to implement constitutional competencies of the Republic of Serbia in Kosovo-Metohija as efficiently as possible, as well as to increase the work of state institutions in carrying out these competencies. The government is under particular obligation to efficiently protect the lives, property, rights and freedoms of citizens in the province, especially the Serbian and other non-ethnic Albanian population, in all circumstances that might occur;

e) Despite efforts of certain Western states to block further talks through which a peaceful solution to the status of Kosovo-Metohija may be found in line with UN Security Council Resolution 1244, authorized representatives of the Republic of Serbia shall continue with efforts to resume the talks and find a compromise solution in the spirit of international law;

f) The National Assembly orders the Serbian government that all international agreements which the Republic of Serbia signs, including the Stabilization and Association Agreement, must be aimed at the preservation of Serbia’s sovereignty and territorial integrity;

g) The National Assembly demands that all state organs of the Republic of Serbia employ all legal means before appropriate international and national courts to protect Serbia’s sovereignty and territorial integrity;

8. The National Assembly demands that the Serbian government submits regular reports on further developments concerning Kosovo-Metohija and the implementation of the above-stated activities and measures for the protection of the sovereignty, territorial integrity and constitutional order of the Republic of Serbia.