SC/8900
Security Council
5588th Meeting (PM)
Serbia Representative Warns Against 'Precipitous Solution'; Albania Says Slippage beyond January 2007 Might Put Orderly Settlement at Risk
Anxiety had risen following the decision to delay a proposal on Kosovo's status until after the Serbian elections in January 2007, the Special Representative of the Secretary-General and Head of the United Nations Interim Administration Mission in Kosovo (UNMIK), Joachim Rücker, said today, stressing that any further delays to settling the question of Kosovo would raise tension and play into the hands of extremists on all sides, making a solution more difficult.
Briefing the Security Council, Mr. Rücker said that status dominated the agenda of everyone concerned with Kosovo. After more than seven years of international administration and local capacity-building, the timelines attached to the process were now the key focus of attention. Further delay would entail significant political and economic costs for Kosovo, for its neighbours, for the region as a whole and for the international community, whereas resolving Kosovo's status would benefit the entire Balkan region, including Belgrade, he stressed.
Agreeing with the latest report of the Secretary-General, which was before the Council, he said that sustaining momentum in the status process would be a key factor in heading off a feeling of uncertainty, which was a potential source of instability on the way forward. Once the status decision was made, the Interim Administration Mission would have to provide for a smooth handover to future local and international institutions established under the status settlement.
Important work on standards remained a top priority of both the Kosovo Government and UNMIK, he said, seeking to correct the impression among the international interlocutors that, with all the focus on status, the implementation of standards had been forgotten or pushed aside. That was not at all the case. Standards remained at the core of the daily work on the ground in Kosovo, with particular concentration on the 13 priority areas set out by the Contact Group earlier this year, most of which had been fulfilled by the institutions of Kosovo.
Following Mr Rücker's briefing, the President of the Coordination Centre of Serbia for Kosovo and Metohija, Sanda Raškovi?-Ivi?, said the situation must be viewed realistically, and stressed that any precipitous solution would cost the region, the province itself and the international community dearly and open up a Pandora's box. The Albanian side's strategy boiled down to not engaging in the status negotiations. They were idly waiting to be given yet another Albanian State in the Balkans within Serbia's internationally recognized borders. Such an outcome was unacceptable. A solution had to be a compromise between Serbs and Albanians -- a durable solution on their coexistence in a modern, democratic and decentralized State.
The representative of the Russian Federation said it was unacceptable to have a timetable determined for political events "by the street". Any strict timeline must be rejected. Also, any attempt to destabilize the situation would require a review by the Council, and that could spell an immediate halt to the status process. Achieving the standards would influence the rate and outcome of the negotiations on the future status. He welcomed the wise decision to interrupt the status talks until the election campaign in Serbia was completed, adding that concrete proposals by Belgrade should be examined, as there was no alternative but to negotiate a compromise, however difficult that might be. The positions of both sides must be brought together and not be based on "tying anybody's hands".
Albania's representative said that further slippage after the January 2007 deadline might seriously put at risk an orderly settlement and exhaust the many bonds that had so far kept the process "a promising one for a good cause". Wide acceptance by the Council and key Member States on the need to deliver results sooner rather than later was welcome, as further delay would prolong instability, uncertainty and institutional paralysis and serve nobody's interest. The most pragmatic and just solution was independence, with a supporting continuation of a civil and security presence by the international community. Independence would guarantee social and economic stability and security for Kosova and the region.
Also speaking were the representatives of France, Argentina, United States, Japan, Ghana, Greece, United Republic of Tanzania, Slovakia, Congo, Peru, China, United Kingdom, Denmark, Qatar (in his national capacity), Finland (on behalf of the European Union) and Ukraine.
The meeting began at 3:11 p.m. and adjourned 5:40 p.m.
Background
The Security Council had before it the Secretary-General's report on the United Nations Interim Administration Mission in Kosovo (UNMIK) (document S/2006/906), which covers developments in Kosovo from 15 August to 31 October.
According to that report, the political situation in Kosovo was characterized by an intensified focus on the future status process, which continued to be the dominating factor in Kosovo political life, as further rounds of direct talks between Belgrade and Pristina on decentralization, cultural and religious heritage and community were convened on 7 and 8 September. Overall, the parties' positions remain far apart. High expectations, coupled with speculations about a possible delay in the process, are likely to be a source of instability if momentum slows. Fringe groups and extremists stand ready to exploit uncertainty and frustration.
Security incidents involving Kosovo Serbs continued, but the overall number of potentially ethnically motivated crimes had considerably decreased, the report states. UNMIK has made strenuous efforts to encourage members of the negotiating team and the Provisional Institutions to reach to majority and minority communities, but still, there has been virtually no Kosovo Serb participation in Kosovo's political institutions at the central level.
The report adds that the Mission and the Provisional Institutions have moved forward in transferring aspects of security to greater local control. The establishment of the Kosovo Ministry of Justice is proceeding well. UNMIK and the donor agencies are focusing on four priority areas: clarification of the role of the Ministry vis-à-vis the Kosovo Police Service; capacity for managing migration and repatriation; improved capability for emergency preparedness; and civil registration and documentation.
Sustained progress on standards has been an encouraging feature throughout the year, with the 13 priorities identified achieving substantial progress. An annex to the report describes the priorities, as well as progress achieved and challenges ahead. The report further describes progress and challenges in the decentralization process, addressing cultural and religious heritage, minority returns to Kosovo, the economy, regional cooperation, and future international arrangements and transition.
The Secretary-General states that he remains disappointed that the negotiations on future status have resulted in only uneven progress and limited agreement on some specific elements. He calls upon all sides to refrain from any unilateral actions and statements. It is important to keep the momentum in the political process, as everyone needs clarity with regard to the future status of Kosovo. The sustained support of the Council and key Member States to that end is essential.
While welcoming the commitment shown by Kosovo's Government to the implementation of the standards, the Secretary-General says that progress will be achieved by demonstrating through actions, not words, that everyone has a future in Kosovo. He urges the leaders of all communities not to yield to the temptation of divisive words and actions, but to embrace the opportunity to promote reconciliations and dialogue. "It takes more courage and strength to do so, and the main burden rests with the leader of the majority population." He called on the members of the negotiating team to remain united and appealed to them to continue their efforts in order to keep the communities informed about the future status process and to prepare the population for the eventual settlement.
The Secretary-General notes with dismay that violent attacks continue to be made by a few in an attempt to affect political change and calls upon the people of Kosovo to help their institutions defeat such violence. "Political developments and timelines will not be dictated by the streets, and violence will not be tolerated," he states. He is also disappointed that Kosovo leaders continue to remain outside the political process, which is a disservice to their community. He once again calls on Belgrade authorities to remove all impediments to Kosovo Serb participation in Kosovo institutions, and on the Kosovo Serb leaders to engage with the Provisional Institutions.
Statements
JOACHIM RÜCKER, Special Representative of the Secretary-General and Head of the United Nations Interim Administration Mission in Kosovo (UNMIK), said that status continued to dominate the agenda of everyone concerned with Kosovo and, after more than seven years of international administration and local capacity-building, after Kai Eide's finding that the status quo was untenable, the timelines attached to the process were a particular focus of attention. Anxiety had clearly risen, following the decision to delay the proposal on status until after the Serbian elections on 21 January. Keeping momentum in the status process thereafter would be a key factor in heading off a feeling of uncertainty -- which was a potential source of instability -- on the way ahead.
At the same time, he said, important wok on standards remained a top priority of both the Kosovo Government and UNMIK. Sometimes, there was an impression among the international interlocutors that, with all the focus on the status process, the implementation of standards had been forgotten or pushed aside. That was not at all the case. Standards remained at the core of the daily work on the ground in Kosovo, with particular concentration on the 13 priority areas set out by the Contact Group earlier this year, most of which had been fulfilled by the institutions of Kosovo.
The Government, under the Prime Minister's leadership, had continued to demonstrate effective leadership on standards implementation, strengthening central and local government institutions, and transitioning governance-building and reform to the longer-term platform of European integration through the European Partnership for Kosovo, he said. The Assembly passed, and he had promulgated, key legislation prioritized by the Contact Group, including a law firmly establishing the equal official status of the Albanian and Serbian languages throughout Kosovo, and laws on religious freedom and cultural heritage containing provisions of particular importance to the Serbian Orthodox Church.
He said that the Kosovo Government had also taken steps to ensure freedom of movement by agreeing to take over responsibility from UNMIK to operate the bus and train system. One noteworthy area of progress had been the effort to address the consequences of the March 2004 violence, not only related to investigations, indictments and convictions, but also in terms of creating the conditions for returns. The Kosovo Protection Corps would this week complete a six-month project in the village of Svinjare near Mitrovica to repair damage to homes and improve local infrastructure. That had been one of the largest and most high-profile projects undertaken by the provisional institutions, and its successful completion demonstrated those institutions' ability and willingness to serve all the people of Kosovo.
Despite the project's success, he said, the Kosovo Serb internally displaced persons had still not returned to Svinjare. He appealed to Belgrade to encourage them to do so. Providing other examples of projects completed or under way to encourage returns, he said that good efforts would have limited impact if more was not done, particularly by Belgrade, to encourage returns when conditions were created. Continuing calls by Belgrade for Kosovo Serbs to boycott Kosovo institutions had undermined the work done to reach out to minority communities and end their often self-imposed isolation. The Serbian Government had still not withdrawn its directive to Kosovo Serbs to withdraw from the payroll of the Provisional Institutions of Self-Government, despite numerous calls to do so by the international community. He appealed to the representative of the Serbian Government to withdraw that direction.
He said that one of the most frequently cited complaints of Belgrade and Kosovo Serbs was inadequate security to allow greater participation in Kosovo's political and social life. However, police statistics actually showed a sharp drop in potentially ethnically-motivated incidents. While there had been serious incidents that had attracted wide public attention, the overall improvement in the situation merited great recognition.
UNMIK had also been working intensively to address another important concern, namely the supply of electricity. The energy provider in Kosovo had inherited an infrastructure in a state of disrepair and it did not have enough funds for repair and investment, unless consumers paid for the electricity they used. There had been some success in improving the payment culture recently, but some consumers, including nearly all Kosovo Serbs, still did not pay and had significant debts. Overall, however, much had been achieved during the year on standards, but not everything. Continuous efforts were needed, as indicated by the challenges noted in the technical assessment of standards implementation. Progress on many of the standards also depended on clarity on status.
Everyone knew that progress in key areas like returns was limited by the lingering uncertainty over Kosovo's future, he continued. Momentum in the status process should be maintained and a timely status settlement achieved. The constructive engagement and the unity of the Kosovo Negotiating Team, including the opposition leaders, had substantially contributed to the progress made in the process so far. It was crucial that all stakeholders in Kosovo remain committed to the process and continue to support the work of the Special Envoy Martti Ahtisaari.
He said that the Contact Group had unambiguously stated that, once the status process had begun, it could not be blocked. Resolving Kosovo's status would benefit the entire Balkan region, including Belgrade. On the other hand, further delay would entail significant political and economic costs for Kosovo, for its neighbours, for the region as a whole and for the international community.
Delay was more than just a loss of time, he stressed. Delay would raise tension and play into the hands of extremists on all sides. Delay would not make a solution easier; it would make it much more difficult. No one could have an interest in such an outcome. Once the status decision was made, UNMIK would need to provide for an orderly and smooth handover to future local and international institutions established under the status settlement. Early and prudent planning was indispensable in order to achieve that, and transition planning had now become a key priority.
He emphasized that as much as possible must be done -- without prejudice to the status process -- before the formal transition period began with the passage of a resolution by the Security Council. The transfer of responsibilities from UNMIK to the future local and international authorities was a highly complex task. Some of the elements required were: the need for a new constitutional arrangement; adoption of a new constitution, followed by elections; review of the entire body of legislation; takeover by future authorities of all executive functions thus far under the helm of UNMIK; and the creation of new ministries for that purpose. Those tasks, as well as the implementation of the status settlement, would place substantial strain on the local authorities. International support was required in that endeavour.
The United Nations had accomplished much in Kosovo. "We now owe it to Kosovo, and to you, to make sure that this final phase of UN administration is wrapped up in an orderly and responsible manner," he concluded.
SANDA RAŠKOVI?-IVI?, President of the Coordination Centre of Serbia for Kosovo and Metohija, said Serbia was fully prepared to assume its share of responsibility in the process of successfully resolving the question of Kosovo and Metohija. Only by systematic, responsible and gradual management of the negotiations on the future status of Kosovo and Metohija could a long-term sustainable solution be reached. Such a solution could not be achieved in haste. Confidence and dialogue were sine qua non preconditions for any coexistence. "There is a saying -- avoid a short cut, it can be the wrong way," she said.
Informing the Council of the "cruel reality" in Kosovo and Metohija, she noted that from 15 August to 1 December 2006, 75 ethnically-motivated attacks had been committed in which 23 persons of Serb nationality had been injured. The extremists had also targeted members of other communities. In the same period, 17 transmitter stations of the Serbian mobile operator Telekom Srbija had been put out of operation, in what was virtually a criminal act being conducted in front of UNMIK's eyes. There were also drastic and selective electricity cuts. Even with UNMIK's assistance, the Albanian side had not agreed, on at least a declaratory level, to the need to rebuild the houses of Serbs in Badovac village. They were expelled in the March 2004 riots.
Regarding the return of expelled and internally displaced persons, she noted that, from 1999 to the present, some 250,000 internally displaced persons had not been in a position to return to Kosovo and Metohija. Major demographic and migratory shifts had taken place in Kosovo and Metohija. The population in the capital Pristina had tripled and was currently estimated at some 600,000. There were some 100 Serbs in Pristina compared to the 40,000 before 1999. Serbian shrines were looted and desecrated on a daily basis. Illegal construction close to cultural sites within the proposed protected zones was rampant. Those activities were a deliberate attempt to prevent the preservation of cultural and environmental integrity of those sites. There had also been attempts by the Provisional Institutions of Self-Government at revising history and deleting all traces of Serb existence in Kosovo and Metohija.
UNMIK's role was, unfortunately, a cause of concern, she added. While not defined in its mandate, UNMIK often assumed the role of "condominium" by seeking to create a State for Albanians. UNMIK, almost as a rule, had taken a sympathetic attitude and ignored Albanian extremism. Organized crime, human trafficking and corruption were rampant in Kosovo and Metohija. Drug and arms trade and smuggling provided a lifeline for the criminal and terrorist business in the international community's very presence. Mafia-style Albanian clans were currently flourishing.
Stressing the need to look at the situation in Kosovo and Metohija in a realistic and objective way, she noted that any precipitous solution would cost the region, the province itself and the international community dearly. The Albanian side's strategy boiled down to not engaging in the status negotiations. The Kosovo Albanians were idly waiting to be given yet another Albanian State in the Balkans within Serbia's internationally recognized borders. Such an outcome was not acceptable. A solution needed to be a compromise, based on agreement by the two negotiating parties -- Serbian and Albanian. Belgrade, the Government of Serbia and the Serbs from Kosovo in particular sought to reach an agreement guaranteeing a durable solution on their co-existence in a modern, democratic and decentralized State.
The Serbian side saw the solution to the Kosovo problem through the implementation of principles and specific solutions contained in the Platform of the Serbian negotiating team on the future status of Kosovo and Metohija, she said. The international community should demonstrate by its deeds its commitment to a stable and safe region, which could only be achieved by taking steps towards introducing the rule of law, punishing criminals and terrorists, and creating security and other conditions for a normal life.
"We firmly believe that there is a way out of this situation", she said. A sustainable solution could be based only on giving up extreme demands and embracing a rational approach and compromise. In practice, it meant substantial autonomy for Kosovo, the kind of autonomy that no European or other State had granted the region so far. It was there, she added, that despite obvious difficulties, there was manoeuvring space for agreement and compromise. Talks so far had not borne fruit, largely due to a lack of engagement and an insufficient number of meetings. In that regard, she proposed that the Vienna talks be immediately resumed in order to find modalities for the broadest autonomy of Kosovo Albanians in Kosovo and Metohija, with the European Union's participation. "The talks should be intensive and enable us to get results soon," she said. The threat of violence could not be accepted as a rational argument.
Just a month ago, Serbia had voiced its position on Kosovo and Metohija in a most legitimate and powerful fashion, she added. More than half of the registered voters had opted in favour of the new constitution of Serbia. By adopting the constitution in a referendum, an absolute majority of Serbia's citizens had reaffirmed their commitment to the principle of the sovereignty and territorial integrity of democratic States and to the inviolability of Serbia's borders.
JEAN-MARC DE LA SABLIÈRE ( France) noted with satisfaction the adoption of several laws aimed at the protection of minorities. That had been necessary to ensure that Kosovo was a multi-ethnic community, and that positive evolution should be built upon. All standards should be implemented in a tangible and practical way, particularly with regard to property rights and the rule of law, and especially with respect to the legal sector. He had also noted the drop in ethnically-based crimes. Nevertheless, such acts remained unacceptable and must be treated through the appropriate legal channels. The Secretary-General had stressed in his report the efforts made to establish contacts with the minority communities and, thus, he had been disappointed that the Serbian leaders remained on the sidelines of the political process, to the detriment of their community.
He called on the authorities in Belgrade to lift all impediments preventing participation in the Kosovo institutions. He fully supported the process led by Mr. Ahtisaari, the Special Envoy. He also noted the announcement that recommendations on status would be submitted after the parliamentary elections in Serbia. The Security Council should then take decisions based on those recommendations, particularly in order to adapt the international presence in Kosovo. It was important not to delay resolution of an issue that weighed on regional stability, or to prevent implementation of the reforms that all wished to see. The guidelines established by the Contact Group and endorsed by the Council should also be respected, he urged.
MARÍA JOSEFINA MARTÍNEZ GRAMUGLIA ( Argentina) wanted to highlight the willingness of the Provisional Institutions to give priority to the programme that, without doubt, contributed to strengthening the Kosovo institutions. Standards implementation was also a sine qua non for realizing the European prospective on Kosovo and must continue to be the core of the efforts during the future status process for Kosovo and even after it concluded. It was disappointing, however, that the standards programme's impact upon Kosovo Serb communities was limited, primarily due to their own reluctance to cooperate with the Pristina authorities.
She urged Kosovo Serbs to engage with the Provisional Institutions and to participate at the country level of the political process in Kosovo. The leaders of the Serb National Council must put an end to their boycott of the contacts with the Provisional Institutions, while Belgrade authorities must remove, without delay all impediments to such participation. The leaders of the Provisional Institutions must persist with standards implementation, if they were to succeed in creating the basis of a truly multi-ethnic and democratic society where all communities lived together in dignity and security. All communities needed to exercise moderation in the current critical moment for Kosovo's future.
While there were different expectations on the part of the key actors regarding its results, it was necessary to keep the momentum in the political process, as more uncertainty could result in greater instability, she added. The primary aim of the process should be to assure all who lived in Kosovo that they would have a safe, decent and peaceful life. To achieve that, it was of the utmost importance that any solution be the outcome of negotiation between the parties, not an international imposition. A negotiated solution should be an international priority, as well. The settlement of Kosovo's status should contribute to the regional stability, with a realistic agreement that was viable and fully compatible with resolution 1244 (1999). She called on the leaders of both parties to demonstrate vision and political will to achieve a negotiated solution that would allow Kosovo to enter a new phase of its history.
ALEJANDRO D. WOLFF ( United States) expressed his continued support for UNMIK's role in developing meaningful self-government in Kosovo. He had been encouraged by the progress made in implementing the Contact Group's standards priorities. Kosovo should make every effort to complete all priorities and the overall work on the standards, paying particular attention to respect for individual property rights. He strongly condemned the explosion of the railway line, and noted with concern the establishment of illegal checkpoints in western Kosovo. He called on all sides to respect the rule of law and to refrain from all acts of violence. Belgrade must do its part to improve the situation by supporting the Kosovo Serbs' participation in local institutions, returning all records, and working with the international community to ensure stability, particularly in the north.
Noting that six and one half years had passed since the international community's intervention had brought an end to the fighting in Kosovo, he said that all people of Kosovo deserved clarity about their future. The mere speculation of delay in the status process had led to a feeling of uncertainty and could represent a source of instability if momentum abated. It was important, therefore, to keep the momentum of the political process and achieve status settlement soon. The United States supported the decision to present the report on status -- without delay -- following the 21 January elections in Serbia. The report should be received with open minds, understanding the importance of an integrated settlement. As the status process neared its concluding stages, both sides should be realistic about the probable outcome: there would be no return to the pre-1999 situation; there would be no partition of Kosovo and no union of Kosovo with any other, or part of another, country.
Additionally, he said, the settlement must solidify Kosovo's multi-ethnicity and must also offer real protection for the political and cultural rights of all communities. At the same time, the settlement must be acceptable to the people of Kosovo. It was also important for UNMIK, as well as the Pristina and Belgrade authorities, to work closely with the representatives of the North Atlantic Treaty Organization (NATO), the Organization for Security and Cooperation in Europe (OSCE) and bilateral missions on the transition planning needed for the period following the conclusion of the status process.
TAKAHIRO SHINYO ( Japan) noted that, while a form for Kosovo's final status dominated the political situation in Kosovo, the implementation of the Kosovo standards was the challenge, which Kosovo's leaders must address on a day-to-day basis. He welcomed the steady progress on the implementation of the 13 priority areas and appreciated the creation of structures and work plans by the Provisional Institutions of Self-Government to implement the European Partnership Action Plan, in which the standards were now integrally incorporated. Serious work should go into all standards implementation efforts.
Regarding "functioning democratic institutions", it was a serious problem that no progress had been reported on the issue of participation of Kosovo Serbs in Kosovo's political institutions, he said. He expressed deep concern with regard to the three northern municipalities' ongoing boycott of contacts with the Provisional Institutions and urged those municipalities to assume their contacts without delay. To solve the problem, Serbia's Government should respond positively to the international calls for action on the issue. A stable society would not be achieved through the stabilization of governance alone, but also required economic recovery. The Provisional Institutions needed to redouble efforts to build the necessary economic system and institutions and also needed to address the issue of youth unemployment.
Mistrust among ethnic groups was an underlying factor that was hindering freedom of movement, he
