Security Council meeting 4225

The President

I should like to inform the Council that I have received letters from the representatives of Albania, Austria and the Federal Republic of Yugoslavia, in which they request to be invited to participate in the discussion of the item on the Council's agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite those representatives to participate in the discussion without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council's provisional rules of procedure.

There being no objection, it is so decided.

The President

In accordance with the understanding reached in the Council's prior consultations, I shall take it that the Security Council decides to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Bernard Kouchner, Special Representative of the Secretary-General and Head of the United Nations Interim Administration Mission in Kosovo, Federal Republic of Yugoslavia.

There being no objection, it is so decided.

I welcome Mr. Kouchner and invite him to take a seat at the Council table.

The Security Council will now begin its consideration of the item on its agenda. The Security Council is meeting in accordance with the understanding reached in its prior consultations.

At this meeting, the Security Council will hear a briefing by Mr. Bernard Kouchner, Special Representative of the Secretary-General and Head of the United Nations Interim Administration Mission in Kosovo, Federal Republic of Yugoslavia. I give him the floor.

Mr. Kouchner (Special Representative of the Secretary-General)

(spoke in French): Seventeen months ago the Council gave us the mandate of setting Kosovo on its way, administering it and establishing democratic institutions until it could assume the substantial autonomy called for in resolution 1244 (1999). We have made a great deal of progress, important progress, in that direction, but not only progress; there have been failures as well, and many challenges remain to be met.

I do not intend to overwhelm the Council with technical details of that progress, because I am sure that it has available a paper that summarizes the current status. I would like to take this opportunity to review some of the most important advances we have made in order to fulfil the mandate conferred upon us in June 1999 by resolution 1244 (1999), and to indicate the direction that I believe should now be taken.

The municipal elections in Kosovo were universally recognized as a technical success, but also, I am convinced, as a victory for the burgeoning democracy in Kosovo. To truly appreciate the success of 28 October, we need to take into account the context in which the elections took place and everything that has occurred over the past 17 months, a very short time compared with other peace missions that the Security Council proposes, creates and monitors. Seventeen months is indeed a short time.

Last Saturday I presided over the ceremony in which the new Pristina municipal council took the oath of office. There were present 60 men and women chosen by the people of Kosovo in what was, for them, the first democratic and free election.

As I have said, I will not overwhelm the members of the Council with figures, but I would recall that 5,000 candidates came forward. One third were women, which is not a negligible figure. For other countries that would be a very significant result. There were 5,000 candidates on 18 official lists of political parties, with many individual lists and many lists of local interests. Last Saturday there were ceremonies at the same time in all 30 of Kosovo's municipalities.

Most of those elected to the municipal council of the biggest city of the region, Pristina, are men and women who represent the two main Albanian political parties in Kosovo: the Democratic League of Kosovo (LDK), headed by Mr. Ibrahim Rugova, and the Democratic Party of Kosovo (PDK), headed by Mr. Hashim Thaci. In addition, we find -- and I emphasize this -- Bosnians, Turks and Ashkalis. For the moment, unfortunately, there are no Serbs in Pristina, but there are Serbs in other municipalities, and this situation is due to change in Pristina quite quickly, I think and I am sure.

After my statement on the democratic future of Kosovo, the ceremony was courteously interrupted by a young man in a suit and tie, a Mr. Fatmir Limaj. He is the head of the Party for Democratic Progress of Kosovo (PDK), the party of Mr. Thaci, in Pristina. He simply wanted to tell us how significant the solemn commitment -- the oath he was going to take -- was to him and his colleagues. He insisted that everyone take this oath in front of the flags of all the communities represented in the municipal council. I learned that he was making this request and I granted it -- although the issue of flags in Kosovo is extremely sensitive. We brought the various flags of the various communities. And when there are Serbs, there will also be their flag. This has been accepted by the party representatives at Pristina.

I also recommended to the participants that they not put their future at risk by seeking only grounds for dispute, even if there are indeed solid grounds. Rather, I recommended that they work together for democracy, peace and the good of the city of Pristina, whose elected officials they were. The taking of the oath took place, and this week the council met for the first time to elect a President and draft a programme of work.

I have told the Security Council members this anecdote -- which I do not consider particularly important -- simply to explain that 18 months ago, Mr. Fatmir Limaj, the member of the PDK, was in the mountains, leading a division of the Kosovo Liberation Army. He was a soldier. I know that it has not been easy for him -- nor for the others -- to re-adapt to civilian life. However, today here he is -- a municipal elected official, after an electoral campaign that was decent, non-violent and democratic.

The party he represents was not as successful at the polls as Mr. Rugova's party, the Democratic League of Kosovo (LDK). In giving close to 58 per cent of the votes to Mr. Ibrahim Rugova, the people of Kosovo showed that in this particular election they preferred moderation and experience -- in sum, tolerance. This did not stop Mr. Limaj and many of his fellow former combatants from being elected. The PDK of Hashim Thaci and the Alliance of Mr. Ramush Haradinaj -- two parties that have grown out of the former Kosovo Liberation Army -- together got 35 per cent of the votes. And everyone has made a commitment to working together to achieve a unified administration. I think that this represents a notable success.

I ask Security Council members, are you aware of instances from the history of Latin America, Central America, Africa or Asia -- or even from the history of Europe -- are you aware of "guerrillas" thus converted into a democratic party and standing for election only a year and a half after the fighting? When have we ever witnessed such a transformation of a party -- that was called "terrorist", "revolutionary" and other such adjectives -- into a responsible political party standing for election, a transformation that in this case appears to be successful, even if some doubts remain?

Yes, last month's municipal elections were a great success, because technically speaking the task taken on by the Organization for Security and Cooperation in Europe (OSCE) -- which should be congratulated on the success -- and UNMIK was not a simple one, and above all because these elections were the result of a real political transformation. And right after Mr. Fatmir Limaj asked the question regarding the flags, and with the same courteousness, the representative of Mr. Rugova's party, the LDK, said, "I am in complete agreement with the position taken by the representative of the opposition." Already, and on such a delicate subject, the opposition and the majority were engaged in the democratic process.

Council members know perfectly well what the situation in Kosovo was when we arrived in 1999: a society in collapse, without infrastructure, lacking institutions, in a state of crisis; a population traumatized by 40 years of communism and 10 years of apartheid; eight hundred thousand refugees in camps beyond the borders; endemic violence -- even if one considers this violence as part of a tradition, as being rooted in tradition. Of course this violence must be denounced when it is used against the Serbs, but this violence has long existed and is rooted in past centuries. And last year, at the beginning of the year, there were no leaders capable of organizing in the way they have now, thanks to the particular efforts that we and the international community have made on the ground. There were no Kosovar Albanian leaders capable of engaging in dialogue. Those who sought power, let us remember, were leading three separate, parallel governments. There was a parliament and a President that did not agree and hindered our efforts to establish a single, legitimate administrative authority. At the end of last year, after months of negotiations and efforts, we were able to convince these people to dissolve these structures -- to dissolve them -- and since then we have not heard a word about these structures. The Kosovar Albanians and the other minorities have been true to their words. When they decided, in an agreement signed on 15 December 1999, to unify the temporary multiple administrative structures, this was successful. Since then we have not heard a word of the Government of Mr. Rugova, the Government of Mr. Thaci, of the parliament or the President.

Here again I ask Council members, do you know of examples of peacekeeping missions that were considered impossible and that then succeeded, at least in getting the people, the various political factions -- often in conflict, at times in fratricidal conflict -- to come together for the greater interest of a region?

As regards the elections, I must also emphasize that we are very proud -- let me say first of all that I am very proud, and perhaps I will not have another opportunity to tell the Council this -- I am very proud of the work that has been done by the team that I have had the honour to lead. Members of the Security Council, this is your team, the United Nations team certainly, and also the team of the European Union, the team of the OSCE, the team of the Office of the United Nations High Commissioner for Refugees -- all those who made up the framework, the four pillars, as they have been called, of this very special and very productive mission, UNMIK. These are people who worked night and day, seven days a week, some of them for the past two years. And now, tired but happy, I believe, they are beginning to leave us.

Before all the veterans leave us, I would like to tell you how very much I have appreciated not only their dedication, their success and their perseverance, but also the friendship and the spirit that prevailed among each of the somewhat disparate elements, given the completely separate structures in UNMIK. I would not want these words of satisfaction to be separated from what I would say to the North Atlantic Treaty Organization (NATO). Of course, I was not able to meet all of the troops involved -- 45,000 Kosovo Force (KFOR) troops -- but I do want to associate them and their commanders with these words of thanks and appreciation. Without them this success would not have taken place, and certainly the elections would not have occurred.

We are very proud that in the electoral campaign there was virtually no fraud, very little manipulation and, above all, very little violence. In fact, KFOR and the UNMIK police stated that 28 October was the least violent day since the arrival of the mission last year. Participation was also very high; 721,000 people, 79 per cent of those registered, voted. When I think of what happens in certain democracies, I can say once again how proud I am of the team that it was my honour to head. Of the valid votes, fewer than 5 per cent of the ballots were declared null and void, and fewer than 2 per cent of the voters were not on the final electoral list.

You will recall that we had a great deal of discussion right here about these elections. At the beginning not everyone was convinced, but these elections were a remarkable technical success, and the United Nations, with its OSCE partners, launched a registration process on the electoral lists, starting from zero in a place where there had not been even one voters' list and where the population had had no real experience in democratic processes, nor did they have identity papers to any great extent. I would say that after the 10 years under Mr. Milosevic neither personal identity nor even community identity remained. On election day, of course there were some organizational difficulties, and we are in the process of drawing lessons and taking that into account in the preparation of general elections. In accordance with resolution 1244 (1999), we would want to organize those elections next year, and personally, it is my hope that they will be organized as of the spring.

Ten days ago, I certified the results of the elections for all of the 30 municipalities of Kosovo, with the exception of three municipalities in the north -- Leposavic, Zvecan and Zubin Potok, essentially Serb municipalities. Unfortunately, the participation rate was too low for the results to be considered valid. I would recall once again that the members of the Serb community who at the time of registration wanted to register were physically prevented from doing so by Mr. Milosevic's partisans. That is not the case right now. The four Serb formations want to participate, and they will participate.

I am preparing to appoint, in the next few days, the members of those three municipal councils that I have not certified and to appoint Serbs and members of other minorities in all the places, in all the municipalities where that will be necessary. It is my plan to hold early elections next year in those municipalities, where the Kosovo Serbs will be able to join the municipal structures and be full-fledged participants on equal footing. I would add that the members of the minorities in the communities where I will be making appointments will be full members, and they will be participating in the vote. They will simply have been prevented at the beginning from voting for the presidency of those municipalities, but they will be members, just like the others.

Since I am talking about the Serb leaders of Kosovo, I would like to tell you that those who followed Mr. Milosevic, like the others, all met together, the four formations, for the first time last week in my office, and they are prepared to participate in the new administrative structures. Indeed, they are even calling for it. Of course they have conditions, but that is normal. The discussions are beginning. Those Serb officials have been strengthened by the fortunate changes that took place in Belgrade. They are more open now to participation, as I have just said, but obviously, they need a bit more time in order to adapt their attitudes to those of the new democratic leaders in Belgrade. I understand this perfectly.

I repeat: I will be appointing additional members in other municipal councils so that all of the communities -- of course, it is not only the Serbs to whom I am referring, but also the Turks, the Bosniacs, the Goranis and the Ashkalijas -- all of them will be represented if they are not now represented at a high enough level. More than a dozen smaller parties and their candidates also obtained seats in the municipal councils, thanks to the system of proportional representation. I am very pleased that many of those elected officials are women.

At the present time, now that the results are known, we need to proceed rapidly to implement them. We have agreed on a programme for the main activities, and we want to establish the basic structures for all the municipalities by Christmas. Every month, and more often if it proves necessary, I will preside over a meeting of the presidents of the municipal councils of Kosovo. The leaders of all the political parties have committed themselves to accepting the results, and now they will begin to deal with the institutional transfer of responsibilities. In most of the municipalities, this will mean that the parties that had taken on posts a year and a half ago will have to yield those posts to their elected successors. This will be a true test of political maturity. Real democracy in Kosovo should begin right there at the local level.

Once again, I wonder if you know of any other examples where there has been a transformation from an imposed authority to an elected authority a year and a half after the end of a bitter conflict, like the war in Kosovo. I would be pleased to benefit from the experience of other such examples.

I am convinced that the Kosovars are determined to prove their aptitude for democracy. I cannot emphasize strongly enough that they also benefit greatly from the fortunate events in Belgrade, which have led to democratic, positive exchanges between Belgrade and Pristina. In fact, there have been wonderful consequences in Kosovo of the events in Belgrade. The Albanians of Kosovo, leaders and all, welcomed the events as a contribution to regional stability, even though -- let us not conceal the facts -- these changes have not brought about an end to the desire for independence. From the extremists to the moderates -- from those that one cannot call the left to those that one cannot call the right -- all the Kosovars affirm their determination never again to submit, as in the past, to domination by Belgrade.

But everything is contained in that phrase "as in the past". What resolution 1244 (1999) guarantees to them -- and that resolution has become the cornerstone of all building for the future -- and what Mr. Kostunica has accepted, as have all the leaders in Kosovo, has nothing to do with the situation that prevailed in the past. There will be some discussions, but what was difficult to apply in the dark is now, in the light of acceptances becoming the vital need to apply resolution 1244 (1999) itself, which is the very foundation of our initiatives.

So that the necessary discussions can take place. So that the Kosovars, who have shown so much democratic maturity, can benefit, it is my hope, as I have said, that we can hold general elections as soon as possible. They are essential, and that is no surprise, because they are the logical follow-up to the implementation of resolution 1244 (1999).

Since I am addressing the facts, let me say that the Kosovars, having benefited from worldwide support, are concerned by one major fact. They are concerned by the attention and priorities of the international community, which have now turned to Belgrade. They feel that this could leave them in a state of neglect. I am not saying that that is the reality. I could cite some examples of the danger from an economic point of view, but I am saying that psychologically, sociologically, politically and historically, the Kosovars are concerned about the way in which visits are being undertaken to Belgrade but not to Kosovo. That does not apply to everyone and we thank those who have visited, but there is a concern that must be taken into account from a political standpoint.

The Kosovars also remain sceptical about the building of democracy in Serbia. Of course, they welcome the leaders and are waiting, but they have doubts, which they have expressed, about President Kostunica's will to make radical changes in Belgrade's policy towards Kosovo. I would recall that UNMIK's contacts with Belgrade have been ongoing since the very beginning and have proven to be very productive. Yesterday, for instance, a delegation from Belgrade visited Pristina and discussed at length the problem of prisoners. A certain number of decisions were taken, not only about the facilitation of access to Albanian prisoners in Serb jails, but also on guarantees -- extended to all Serbs -- of a future vote on a law of amnesty. Obviously, such initiation of discussions between Belgrade and Pristina holds many lessons and great promise for the years ahead.

I have tried to convince the inhabitants of Kosovo of the express goodwill of leaders in Belgrade. I also understand, however, that Mr. Kostunica needs time. I simply want us here not to forget that the suffering is not in the distant past; in historical terms, 18 months are nothing. We must forget neither how recent the suffering is, nor who suffered. It is the Kosovo Albanians who largely suffered in recent years. Let us welcome democracy in Belgrade, but let us not forget too quickly the months and years that have just gone by.

It is my fervent hope, and that of the Kosovars, that the Albanian Kosovar detainees in prisons will rapidly benefit from the law of amnesty. I believe that we are working in the right direction. I am confident that relations will thus improve considerably between the two communities, even if these concerns remain very strong. I would recall that there was a demonstration in Pristina only yesterday that was attended by 100,000 people. Every day for the past eight, the wives and children of detainees have slept in the street before the national theatre. The concern is strong because, as members are aware, there have been riots in Serb prisons and because those who took power in the two prisons concerned were Serbian common criminals. These concerns are acute and have not been dispelled. Day and night, Kosovars demonstrate in front of our offices.

I reiterate that events in the Federal Republic of Yugoslavia have renewed the confidence of the Serb leaders in Kosovo, making them more open to cooperation. The Albanian leaders, too, are confident. This will be true of all the communities in the future. I am sure that constructive dialogue will begin, first and foremost, between UNMIK and Belgrade -- indeed, it already has -- and between Belgrade and the leaders of the Kosovar communities. Economic and judicial issues, for instance, have already been the subjects of fruitful meetings.

I cannot overemphasize that all UNMIK policy is based on resolution 1244 (1999), but, as I explained to the General Affairs Council of the European Union on 9 October, we must all recall that the situation in Kosovo has not been radically changed by the advent of democratic leaders in Belgrade. For the time being, this has not led to change in daily life in Kosovo. The confrontation between communities that has endured for 12 centuries has not disappeared; it would be rather childish to imagine that it might. It is a very specific type of confrontation. I may be using the wrong word, but this is undoubtedly one of the few places in the world where several communities have been able to live side by side without ever really interacting, speaking or intermingling. That has not disappeared.

I have waited so long for the Serb people to have democratic leadership and I am delighted that they now do. That does not, however, erase the problems overnight. It certainly cannot erase the profound feelings of the inhabitants of the Balkans, in particular Kosovo, based on their own history and family relationships and on the circumstances of their loved ones who have disappeared, languish in prison or have never been able to build a decent future for themselves.

In spite of all this progress, Kosovo remains a society in crisis. I cannot recall anything grimmer than the brutal murders last week of four Ashkalis, who had returned only two days earlier to their destroyed homes in a region of Albanian majority. It was a horrible killing. Together with General Cabigiosu, Commander of the Kosovo Force, we will be doing everything to track down the perpetrators. We read these dreadful murders as a very negative omen for the legitimate return of all communities to their regions of origin. These four Ashkalis felt safe enough to return without protection, but no one in Kosovo can now feel safe, despite all the progress that has been made. Extremists continue to seek to destroy the chances of democracy. They are still on the lookout, so we must remain equally vigilant and retain our military presence and economic commitments for some time to come.

What will tomorrow bring? The last time I spoke here, I discussed a political plan for substantial autonomy. I called it a pact between UNMIK and Kosovar society. All of our partners in Pristina and Belgrade agree. Resolution 1244 (1999) is, I repeat, our basis for future work. I will keep reiterating that, but there is another element at work. Every Albanian wants independence. That paradox means that seeking immediately to resolve the question of the definitive status of Kosovo could very rapidly lead to another conflict. There will be no stability in the Balkans without stability in Kosovo. The stability of Kosovo cannot be limited to Kosovo alone; it must evolve throughout the region.

Thus, we must now hasten the process of defining that substantial autonomy and develop institutions of self-government -- as set down explicitly in resolution 1244 (1999) -- in which the Kosovars will share ever more responsibility for the administration of Kosovo. This is all the more urgent following the municipal elections that led democratically chosen local representatives to opt for moderation. I affirm that we must act rapidly to organize elections throughout Kosovo, most likely to elect a Parliament. I propose that those general elections be held at the beginning of the year, if possible in spring. A working group, involving the Group of 8, the United Nations and the Contact Group, has been established on the basis of work already done by these institutions for the consideration of a possible provisional constitution.

Let me say a word about elections in general. So far, no one has asked us to organize the elections to the Serb parliament that are scheduled for 23 December 2000. As Special Representative of the Secretary-General, I affirm here today that in no event can UNMIK organize such elections. Indeed, the OSCE teams that were so effective in the October elections have left Kosovo; some members went to Bosnia to help organize the elections there. At present, vast security problems remain. To organize such elections, NATO troops would need to be reinforced, and I would recall that such troops have been unequivocally rejected by the most moderate of Kosovo's leaders, and by all others as well.

How can we be asked to organize those elections? No international or indeed European regulations apply, and in fact there are no electoral rolls that include Kosovo Serbs, because they were prevented from registering. That lack of electoral rolls is one of the reasons we did not agree to organize the September elections. No official request was addressed to us, and here I do not want to mention any of the great number of other legal, political or psychological elements involved. But I want to say to the Council that, technically speaking, it is impossible.

Much, then, remains to be done. We cannot rest on our laurels. In the Mission I have had the honour to lead, no one had any thoughts of personal recognition, medals or glory -- that way, none of us could be disappointed. The intensive work that was done culminated in elections which I believe to have been a success. The Council asked us to do this, even though it had doubts about whether it could actually be done. We did it on behalf of the Security Council. Now, we must move to the next phase, which will pose an equal if not a larger challenge for the international presence in Kosovo and, in the end, for the departure of that presence.

I would like every member of the Council to join me in thinking about the members of the international Mission who lost their lives on the rugged ground of Kosovo. They believed in their international commitment; they believed in the democratic future of the region; they believed in the power of their presence and of their work. I think of them today, just as I think of all those whose death, whose murder, we could not prevent, in particular members of minority communities and the Serb community. Each of those murders, which kept me, and my friends and my marvellous deputy Jock Covey, awake at night, was a blow to us -- a failure.

The Mission achieved many unexpected successes. There was great dedication on the part of the representatives of Council members. But at the same time, unfortunately, there were many failures of the kind I have mentioned. In historical terms, these will not count: like the Brahimi report, this peacekeeping mission will prove to be one step forward, along with what is being done by my friend Sergio Vieira de Mello in Timor.

We did not merely try to impose peace; we were trying to build up a region from nothing. It was a region without an administration, without technology, without resources, without a police force, without law, without justice. But it has been an exciting adventure, and I hope that the hundreds of people who participated will be remembered gratefully, people whose future in one or another United Nations mission is by no means a secure one. My thoughts go to them.

The President

I thank Mr. Kouchner for his inspired briefing. The floor is now open for questions and comments by members of the Council.

Mr. Holbrooke (United States) --> -->

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