ON THE PROHIBITION AGAINST INCITING TO NATIONAL, RACIAL, RELIGIOUS OR ETHNIC HATRED, DISCORD OR INTOLERANCE

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,

For the purpose of maintaining public peace and order in the territory of Kosovo,

Hereby promulgates the following:

Section 1

INCITING TO NATIONAL, RACIAL, RELIGIOUS OR ETHNIC HATRED, DISCORD OR INTOLERANCE

1.1 Whoever publicly incites or publicly spreads hatred, discord or intolerance between national, racial, religious, ethnic or other such groups living in Kosovo which acts are likely to disturb public order shall be punished by a fine or by imprisonment not exceeding five years or both.

1.2 If the acts referred to in section 1.1 of the present regulation were committed systematically or by taking advantage of one’s position or authority or if disorder, violence or other grave consequences resulted from those acts, the period of imprisonment may be extended to a term not exceeding eight years.

1.3 Whoever publicly incites or publicly spreads hatred, discord or intolerance between national, racial, religious, ethnic or other such groups living in Kosovo which acts are likely to disturb public order through coercion, jeopardizing of safety, exposing to derision of national, racial, ethnic or religious symbols, damaging belongings of another, or desecrating monuments or graves, shall be punished by imprisonment for a term not exceeding eight years.

1.4 If the acts referred to in section 1.3 of the present regulation were committed systematically or by taking advantage of one’s position or authority or if disorder, violence or other grave consequences resulted from those acts, the period of imprisonment may be extended to a term not exceeding ten years.

Section 2

APPLICABLE LAW

The provisions of the applicable criminal law and criminal procedural law shall apply subject to the provisions of the present regulation.

Section 3

ENTRY INTO FORCE

The present regulation shall enter into force on 1 February 2000.

Bernard Kouchner

Special Representative of the Secretary-General