State Negotiating Team for Kosovo-Metohija

Republic of Serbia State negotiating team for Kosovo-Metohija 20 November 2007

Comparative Overview of the Cases of Hong Kong, Åland Islands, and the Serbian Status Proposal for Kosovo and Metohija

Hong Kong Åland Islands Kosovo and Metohija Basic features  In 1997 returned to China’s  After Russo-Swedish War (1808-  Since June 1999 (8 years) under of the Cases sovereignty – after 155 years of 1809) Russia gains Finland and ÅI UN administration British colonial rule  Ethnic majority – Swedish (95%)  Ethnic majority – Albanian (81%)  Ethnic majority – Chinese (95%)  In 1917 Finland independent  Current constitutional-legal  HK Basic Law stemming out  After 1917, 96,2% of adult framework: UN SC Res 1244, from the 1984 Sino-British Joint population signed the petition for Constitution of Serbia, and Declaration unification with Sweden Constitutional Framework for  In 1921 the League of Nations Provisional Self-Government in decides that ÅI remains within the Kosovo sovereignty of Finland, with a high  Proposal: internationally degree of autonomy guaranteed status agreement on KM,  Current constitutional-legal new UN SC Res, Constitution of framework: Act on the Autonomy of Serbia, and Constitution of KM; 20- Åland in accordance with Article years timeframe 120 of the Constitution of Finland Constitutional-  Upholding national unity and  The sovereignty of the ÅI is  […] the Province of Kosovo and

1 Legal territorial integrity and taking recognised to belong to Finland. Metohija is an integral part of the Definition of account of the history of HK and its (Decision of the Council of the territory of Serbia, that it has the Territory realities, the PRC has decided to League of Nations on the ÅI, Article status of a substantial autonomy establish, in accordance with the 1) within the sovereign state of Serbia provisions of Article 31 of the  The territory of Finland is and that from such status of the Constitution of the PRC, a HK indivisible. The national borders can Province of Kosovo and Metohija Special Administrative Region upon not be altered without the consent of follow constitutional obligations of resuming the exercise of sovereignty the Parliament. (Constitution of all state bodies to uphold and protect over HK. (Sino-British Joint Finland, Section 4) the state interests of Serbia in Declaration, Article 3.1)  The ÅI have self-government in Kosovo and Metohija in all internal  The HK Special Administrative accordance with what is specifically and foreign political relations […] Region will be directly under the stipulated in the Act on the (Constitution of Serbia, Preamble) authority of the Central People’s Autonomy of the ÅI. (Constitution  In the Republic of Serbia, there Government of the PRC. The HK of Finland, Section 120) are the Autonomous Province of Special Administrative Region will  The ÅI are autonomous, as Vojvodina and the Autonomous enjoy a high degree of autonomy, hereby enacted. (Act on the Province of Kosovo and Metohija. except in foreign and defence affairs Autonomy of Åland, Section 1) The substantial autonomy of the which are the responsibilities of the  Åland comprises the territory it Autonomous province of Kosovo Central People’s Government. (Sino- has at the time of the entry into force and Metohija shall be regulated by British Joint Declaration, Article of this Act and the territorial waters the special law which shall be 3.2) directly adjacent to its land territory adopted in accordance with the  The state may establish special according to the enactments in force proceedings envisaged for amending administrative regions when on the limits of the territorial waters the Constitution. (Constitution of necessary. The systems to be of Finland. Serbia, Article 182.2) instituted in special administrative If the jurisdiction and sovereignty of  Reaffirming the commitment of regions shall be prescribed by law the State are extended beyond the all Member States to the sovereignty enacted by the National People’s limits of the territorial waters the and territorial integrity of the Federal Congress in the light of the specific jurisdiction and sovereignty of Republic of Yugoslavia and the conditions. (PRC Constitution, Åland may be likewise extended, as other States of the region, as set out Article 31) agreed by the State and Åland. (Act in the Helsinki Final Act and annex  The HK Special Administrative 2, […] (UN SC Res 1244, Preamble)

2 Region is an inalienable part of the on the Autonomy of Åland, Section  Reaffirming the call in previous PRC. (HK Basic Law, Article 1) 2) resolutions for substantial autonomy and meaningful self-administration for Kosovo, […] (UN SC Res 1244, Preamble)  "Establishment of an interim administration for Kosovo as a part of the international civil presence under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia, […] (UN SC Res 1244, Annex 2, Point 5) Competences  Exclusive competences of China:  Exclusive  Reserved competences of Serbia: foreign policy, defence, supervision competences of foreign policy, border control, of legislation Finland: foreign protection of Serbian religious and  Exclusive competences of HK: all policy, defence, cultural heritage other immigration policy,  Defence: reserved competence of fiscal policy, Serbia not to be applied in KM; supervision of  Policy areas of co-operation: legislation monetary policy, customs policy  Shared competences:  Exclusive competences of KM: foreign trade, all other (budget, economic policy, criminal and labour agriculture, media, education, law, health environmental protection, youth,  Policy area of co- sport, fiscal policy, home affairs, operation: civil health, energy, infrastructure, defence employment...)  Exclusive competences of ÅI:

3 domicile, public order and safety, additional and municipal taxes, collective contracts with ÅI public servants, urban and rural planning, environmental protection, protection of religious and cultural heritage, education Separation of  ÅI have legislative and executive  KM autonomously elects and Power  HK has legislative power in areas branches regulates its own institutions – of its exclusive competence, but the  Governor of ÅI represents without Serbia’s involvement; Chinese National Congress may Finland, appointed by the President  KM has legislative power in areas invalidate legislation enacted by the of Finland in agreement with ÅI of KM’s exclusive competence and HK Legislative Council Speaker in other areas as per agreement;  PRC participates in the process of  Åland Delegation is joint Serbia cannot revoke or invalidate electing the Chief Executive (head Finland-ÅI authority. Resolves KM legislation; of HK territory and government) certain types of disputes  KM has executive branch  HK has its own independent and  ÅI parliament (Lagting) has  KM has its own independent and complete judicial system legislative power in areas of ÅI’s complete judicial system with exclusive competence jurisdiction over cases from KM’s  Finland’s Ministry of Justice, exclusive competences and over Åland Delegation, and President of other cases as per agreement; interim Finland participate in the supervision EU oversight; international judges. of legislation Participation in  HK citizens participate in China’s  ÅI citizens participate in  Participation in executive (MFA) Central parliamentary elections (MPs Finland’s parliamentary elections and judicial authority (Constitutional

4 Authorities Chinese National Congress in (MPs in Helsinki) Court of Serbia’s special panel for Beijing) constitutional appeals from KM) Foreign Policy  China – subject of international  Finland – subject of international  Serbia – subject of international law law law  In areas of HK’s exclusive  ÅI Government may suggest  In areas of KM’s exclusive competence, HK negotiates with international negotiations on a competence, KM negotiates with other states and international certain agreement to relevant other states and international organisations Finland’s authorities organisations. Preparation of  HK has own international  ÅI Government will be informed agreements in consultation with economic, trade, financial and on international agreement related to Serbia. Formal signatory Serbia, co- monetary, shipping, ÅI competences signatory KM. if Serbia is rendered communications, tourism, cultural,  If there is a special reason, ÅI liable for not fulfilling KM’s and sports relations. Government may participate in international obligations, KM would  In areas of China’s competence, international negotiations as a part of be held liable vis-à-vis Serbia HK not included in international Finland’s delegation  In areas of Serbia’s reserved negotiations and preparation of competence, KM representatives agreements; included in international negotiations  HK – 33 trade/economic offices and preparation of agreements; abroad (in places of HK’s own signatory – Serbia interest)  KM – trade/economic offices  HK – member of regional abroad (in places of KM’s own initiatives and international interest) organisations that allow non-  KM – member of regional sovereign territories to be members initiatives and international  China – provides consular organisations that allow non- protection to all citizens sovereign territories to be members  China’s MFA liaison office in  Serbia – provides consular HK protection to all citizens; KM  Status of foreign diplomatic and consular affairs offices within consular offices in HK – up to the Serbia’s diplomatic and consular

5 General Consulate level missions abroad  Serbia’s MFA liaison office in Priština;  Status of foreign diplomatic and consular offices in Priština – up to the General Consulate level Defence Policy  Responsibility of the PRC  Responsibility of Finland  Temporary international military  People’s Liberation Army HK  ÅI demilitarised presence Garrison  Demilitarisation of KM Policing  HK  ÅI  KM Border Control  HK  Finland  Borders Crossing Points (land and air) – Serbian Police Service Monetary  HK has its own central bank and  Finland  KM has its own central bank and Policy currency currency  Gradual harmonisation of two systems according to the EU requirements Customs Policy  HK has its own customs service  Finland  KM has its own customs service  Gradual harmonisation of two systems according to the EU standards  Serbia to monitor The Final  HK  Finland  Constitutional Court of Serbia; Instance of special panel for appeals from KM Human Rights  EU Mission engagement in Protection judicial reform in KiM Cultural Policy  HK  ÅI  Exclusive competence of KM, except in reconstruction and protection of the Serbian religious and cultural heritage – Serbia sets

6 reconstruction and protection policy and implements reconstruction  Physical protection of the Serbian religious and cultural sites in co- operation with international military forces and KPS EU Integrations  N/A  The relation of ÅI to EU legal  KM continues STM until the start system regulated by a special of SAA negotiations, at which protocol which is a part of Finland’s moment Serbia is to be involved on accession agreement. This protocol issues falling into Serbia’s reserved can be changed only with consent of competences all EU member states  Serbia and KM sign SAA for KM  ÅI parliament (Lagting) decided as an annex to Serbia’s SAA that ÅI should join EU  Further process of KM’s EU  ÅI Government has the right to integrations (status of a candidate participate in preparing Finland’s and accession negotiations) will be position before the decision making co-ordinated with Serbia process in EU  In case that Finland and ÅI do not reach common position, ÅI position to be presented along with Finland’s