Security Council meeting 6097

The President

I should like to inform the Council that I have received a letter from the representative of Serbia in which he requests that the President of the Republic of Serbia be invited to participate in the consideration of the item on the Council's agenda. In accordance with the usual practice, I propose, with the consent of the Council, to invite the President of the Republic of Serbia to participate in the consideration 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

On behalf of the Council, I extend a warm welcome to His Excellency Mr. Boris Tadi, President of the Republic of Serbia.

In accordance with the understanding reached in the Council's prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to His Excellency Mr. Skender Hyseni.

It is so decided.

I invite His Excellency Mr. Hyseni to take a seat at the Council table.

In accordance with the understanding reached in the course of the Council's prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to His Excellency Mr. Lamberto Zannier, Special Representative of the Secretary-General and Head of the United Nations Interim Administration Mission in Kosovo.

It is so decided.

I invite His Excellency Mr. Zannier to take a seat at the Council table.

The Security Council will now begin its consideration of the item on its agenda. The Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them document S/2009/149, which contains the report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo.

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

Mr. Zannier (United Nations Interim Administration Mission in Kosovo)

The report that the Council has before it today (S/2009/149) details the activities of the United Nations Interim Administration Mission in Kosovo (UNMIK) during the period from 1 November 2008 to 9 March 2009. This has been a very dynamic period for UNMIK and for Kosovo, one rife with challenges and milestones. In general, I am pleased to be able to report to the Council that the situation in Kosovo remained substantially stable in spite of the potential for volatility presented by the developments of the past quarter.

Nevertheless, ethnic tensions persist at several traditional flashpoints, particularly in and around northern Mitrovica, and the past few weeks have seen an alarming escalation of incidents involving the use of firearms and explosive devices. Fortunately, those incidents have so far only resulted in property damage, but there is reason for serious concern. While UNMIK has continued its efforts to mediate between the communities, local community leaders need to make greater efforts to defuse tensions and promote coexistence and reconciliation.

The last time I was before this Council, on 26 November (6025th meeting), the Council issued a presidential statement (S/PRST/2008/44) welcoming the Secretary-General's 24 November report (S/2008/692), which envisaged the deployment of the European Union Rule of Law Mission in Kosovo (EULEX) throughout Kosovo under a status-neutral United Nations umbrella; the reconfiguration of UNMIK's rule of law functions and continuing consultations with all relevant parties on technical issues of importance for the peaceful coexistence of Kosovo's communities. Accordingly, EULEX assumed full operational responsibility in the rule of law area on 9 December, within the framework of resolution 1244 (1999) and under the overall authority and within the status-neutral framework of the United Nations.

Thanks to the close cooperation with UNMIK and EULEX staff, the deployment of EULEX police throughout Kosovo and the concomitant stand-down of UNMIK police was completed smoothly and efficiently so as to avoid potential conflicts of competencies. On 9 December, as EULEX police deployed throughout Kosovo, they started to exercise their policing functions. EULEX judges, prosecutors and other justice personnel also took on operational responsibilities as of the same date.

As a result of the deployment of EULEX, UNMIK was able to step up its reconfiguration and adjust its structure and profile to allow for an efficient use of resources in the implementation of its mandate in the light of the changed circumstances on the ground. With EULEX having assumed responsibility for the police and justice functions under resolution 1244 (1999), UNMIK will now be able to effectively carry out its reconfigured functions with a much lighter footprint.

Out of a total of 1,288 UNMIK police personnel on the ground at the beginning of December, 49 UNMIK police officers currently remain in Kosovo, handling liaison and external representation functions. There are no longer UNMIK judges or prosecutors exercising functions in Kosovo courts. However, UNMIK staff remains actively involved in supporting the talks regarding the Mitrovica courthouse, which currently continues to operate on a limited basis with EULEX international judges and prosecutors.

As anticipated in the November report of the Secretary-General (S/2008/692), a central element of the reconfigured UNMIK remains the Organization for Security and Cooperation in Europe (OSCE) Mission in Kosovo. After the downsizing of UNMIK in the field, the OSCE, through its extensive field presence, assumed the responsibility for comprehensive monitoring throughout Kosovo. In particular, the OSCE's role in building capacities of local institutions is crucial in contributing to the effective protection of all people living in Kosovo and thus to fostering Kosovo's multi-ethnic character.

I am pleased to report that UNMIK has succeeded in effecting the reconfiguration of its rule of law elements as envisioned in the Secretary-General's November report. Furthermore, following the assumption of operational responsibilities in the rule of law area by EULEX acting under resolution 1244 (1999), by 1 July 2009, UNMIK will have refocused its staff on the tasks set out in the Secretary-General's 12 June report (S/2008/354).

I owe a special debt of gratitude to all of UNMIK's staff -- those who will continue to work for UNMIK after the 30 June and, in particular, those whose tenure with UNMIK has ended or will end during the next three months -- for the dedication, professionalism and commitment they have demonstrated during their tenure with UNMIK.

A centrepiece of UNMIK's reconfigured role, in line with the Secretary-General's report on Kosovo, has consisted of consultations with the various stakeholders on matters affecting the lives of all of Kosovo's communities.

For instance, during the past three months, UNMIK representatives have met formally and informally with relevant stakeholders to discuss cultural and religious heritage issues. These meetings revealed that, while Pristina and Belgrade have different understandings of the nature of the mechanisms that should serve to protect and preserve the cultural heritage and patrimony of the Serbian Orthodox Church in Kosovo, their objectives largely coincide.

UNMIK has also engaged, together with EULEX, in further technical consultations with other stakeholders on issues related to the functioning of the justice system in northern Kosovo. Opportunities for reintroducing local judges in court proceedings have been identified, beginning, in the first instance, with judges who had been appointed by UNMIK. Positive practical steps have also been registered in the area of policing.

However, while progress is continuing on many fronts, a number of challenges remain.

The process of return of internally displaced persons saw a very sharp decline in the number of voluntary returns by members of minority communities in 2008, with only 664 persons belonging to minority communities returning to Kosovo last year. While the international community has been fully supportive of the returns process, the role of authorities in Pristina and Belgrade in this respect remains key.

There are still too many missing persons from the conflict. Notwithstanding our continuing efforts, the pace of identifications has considerably slowed over the past few years, from a high of 722 cases in 2005 to 43 cases last year and just one missing person case closed so far this year. Clearly, much more must be done. The Pristina-Belgrade technical dialogue working group on missing persons, chaired by the International Committee of the Red Cross, is one of the very few forums where Pristina's and Belgrade's experts meet regularly face to face in an effort to move a painful and difficult issue forward. However, cooperation must improve, and politics should be put aside with the common goal of fulfilling the right of the families of all missing persons to know the fate of their loved ones.

The issue of electric power supply continues to plague the everyday lives of all of Kosovo's residents. The problem is mainly due to non-payment by many consumers, including wholesale non-payment by the Kosovo Serb community. Recently, in an effort to induce payment, the Kosovo Energy Corporation (KEK) has allowed breakdowns in the electric power supply to go unrepaired for periods of a week or more. Although this policy is affecting all ethnic groups to different degrees, the issue has been politicized, leading to demonstrations by angry residents of Kosovo Serb-inhabited villages, who have recently clashed with the Kosovo Police when protesters tried to block traffic on main thoroughfares. UNMIK and OSCE staff personnel have actively engaged with village leaders, with municipal officials and with KEK to calm the situation and promote dialogue, but a viable and sustainable solution must be found. For this purpose, the Pristina-Belgrade technical dialogue working group on energy, which has largely been dormant for the past two years, should re-engage.

Over the past few weeks, a number of Belgrade officials have been denied entry into Kosovo by the Kosovo authorities. This is an issue that, if left unresolved, is bound to unnecessarily increase tensions. Constructive engagement by all is necessary to address and resolve this matter without delay.

When I first addressed the Security Council in July 2008 (see S/PV.5944), one month after assuming my duties as Special Representative of the Secretary-General for UNMIK, I stated my fervent hope that the path we had taken to ensure the continued effectiveness of UNMIK would allow the United Nations to protect its legacy in Kosovo while adapting to the changing needs on the ground in order to ensure conditions for a peaceful and normal life for all the inhabitants of Kosovo, as required by UNMIK's mandate under resolution 1244 (1999). I am satisfied that UNMIK has managed to recalibrate its structure and profile in line with the new challenges posed by the situation in Kosovo and pleased by the progress that has been made towards advancing the European perspective of the Western Balkans with the deployment of EULEX.

Yet, much remains to be done. The situation in Kosovo has remained relatively peaceful during the past eight months and, while both Pristina and Belgrade have made noteworthy attempts to maintain the peace in the face of potentially destabilizing situations, both have also stopped short of where we need to be in order to feel confident that Kosovo is well and truly launched on the path of lasting peace and prosperity. That goal will only be reached if both Pristina and Belgrade look first of all to the interests of all of Kosovo's communities, and beyond their own legitimate larger political considerations. For its part, counting on the continued support of the Council, UNMIK will carry on working together with Belgrade and Pristina, and with the international community, to ensure that this goal is reached.

The President

I thank Mr. Zannier for his briefing.

I now give the floor to His Excellency Mr. Boris Tadi, President of the Republic of Serbia.

President Tadi (Serbia)

I would like to thank you, Mr. President, for having organized this meeting of the Security Council to once again debate the situation in Kosovo and Metohija. I also pleased to acknowledge the presence here of Special Representative of the Secretary-General Lamberto Zannier, with whom I recently had a productive meeting in Belgrade.

Tomorrow, 24 March, will be the tenth anniversary of the start of NATO's bombing of my country. I would like to recall that that tragic event, which lasted a full 78 days, was not undertaken with the approval of this body. During a three-month period in which cities and villages were bombed every day, 2,500 civilians were killed, including 89 children, and 12,500 more were injured. The number of victims does not include those who subsequently succumbed to leukemia and other deadly diseases caused by the depleted-uranium-coated bombs that were dropped on my country.

As a result of 2,300 air strikes throughout Serbia, 148 residential buildings and 62 bridges were destroyed, while 300 schools, hospitals and other public buildings were damaged, as were 176 cultural heritage sites. One third of the country's electrical capacity was destroyed, as were two major oil refineries. According to studies conducted by economists, the direct damage to my nation's economy has been estimated to be approximately $30 billion; the indirect damage was much greater.

We were collectively accused, and then collectively bombed for, as it was then claimed, the expulsion of 800,000 ethnic Albanians from Kosovo and Metohija. A result of that tragic war, which produced an awful catalogue of casualties among the sides and whose end was marked by the establishment of an international administration, was the exodus from the province of more than 200,000 ethnic Serbs and Roma. Secretary-General Ban Ki-moon's report (S/2009/149) includes the sad observation that even today, 10 years later, those people cannot return to their homes.

I would like to underline one further counter-intuitive fact. Serbs were punished 10 years ago with bombs, but 10 years later, in the wake of the mass expulsion of Serbs and the firebombing of their homes and holy sites, Kosovo Albanians have been rewarded by having their illegal declaration of independence recognized by more than 50 countries.

Just as for Serbia the lesson of the tragic military campaign of 1999 is that never again should a situation be created in which its citizens are punished and killed, so must the lesson for the international community be that innocent civilians should never have to pay for a wrongful policy with their lives.

The Republic of Serbia condemns every war crime as a matter of principle and affirms that all accused must be brought to justice. Our principled position is that every indictee is an individual with a particular name and surname and that the doctrine of collective responsibility of nations or States cannot legitimately exist. The recent decisions by the Hague Tribunal against particular individuals in the Kosovo case -- involving four former officials of the Federal Republic of Yugoslavia and one Serbian official -- demonstrate that the State's collective responsibility, or that of its citizens, does not exist.

It is possible to debate whether the sentences were too harsh, especially in the light of the not-guilty verdict handed down in the case of a leader of the Kosovo Liberation Army, Ramoush Haradinaj. I note that, according to a statement by the then Prosecutor of the Tribunal, witnesses were not only intimidated but also even physically liquidated. However, one thing is certain: specific individuals were convicted for specific crimes. That is precisely the reason why Serbia will continue to fully cooperate with the Hague Tribunal, and why we will keep doing everything in our power to arrest and bring before the Court the two remaining indictees at large, namely, Goran Hadzic and Ratko Mladic.

Today, nine years after the fall of Milosevic, Serbia is a modern European democracy that poses no threat to anyone. The country of which I am President has repeated time and again that joining the European Union is its most important strategic goal. We will continue to be dedicated, as a matter of principle, to resolving outstanding problems exclusively through peaceful dialogue and without recourse to force.

The attempt at secession by ethnic Albanian authorities of our southern province of Kosovo and Metohija that took place on 17 February 2008, nine years after the bombing of Serbia, is a direct violation of the United Nations Charter, the Helsinki Final Act and resolution 1244 (1999). Pristina's unilateral and illegal declaration of independence represents an attempt to forcibly partition a Member State of the United Nations, against its will, and without the consent of the Security Council. Unfortunately, that was supported by a certain number of countries, primarily because of the constant threat of violence if Kosovo's ethnic Albanian community's secessionist demands were not met.

Even today, Serbs in Kosovo have no security, freedom of movement, rule of law, electricity or water. In short, respect for the basic norms of civilization is denied to them. That is why I would like to underline my disagreement with the optimistic views expressed in the report. The aggression committed against the Serbian residents of the village of Silovo is a case in point. The village was without power for weeks in the middle of winter because of a condition set by authorities in Pristina for the signing of written contracts that would have meant indirect recognition on the part of the residents of the illegal construct known as the Republic of Kosovo. That illustrates how Serbs are the most endangered community in all of civilized Europe.

Let us recall that, in the March 2004 pogrom, more than 50,000 ethnic Albanian extremists participated in an organized campaign of violence in which 19 were killed, 950 were injured and more than 4,000 Serbs were expelled. Additionally, more than 900 buildings were destroyed and 35 Christian churches and monasteries set ablaze, shelled or otherwise destroyed. Many of those structures dated to the fourteenth and sixteenth centuries. Five years later, not a single individual remains behind bars for the organized burning down of a church in Kosovo.

That is why I have called on the United Nations Interim Administration Mission in Kosovo (UNMIK) and the European Union Rule of Law Mission in Kosovo (EULEX) to take the necessary measures to ensure that justice is done for every resident of Kosovo and Metohija, irrespective of ethnicity or religious affiliation. Every crime, especially hate crimes, must be thoroughly investigated and prosecuted. Those accused must be tried before a just and impartial court. We expect the United Nations and European Union peacekeeping missions to establish the rule of law and provide the preconditions for a peaceful life. They must prevent the release of perpetrators as was recently done in the case of one who had been sentenced by UNMIK's court to a 40-year sentence for the terrorist attack of booby-trapping a bus, in which nine Serbs lost their lives.

I would now like to refer to some of the attacks on Kosovo Serbs that have taken place in the past month. Two houses, in which lived returnees to the village of Drsnik, near Klina, were burned to the ground on 14 March. On the same day, shots were fired at the home of Dragoljub Budzevic in the village of Ljug, near Istok. Mr. Budzevic had returned to his village in Kosovo three years ago, together with 45 other Serbs. Before their return, they had lived as internally displaced persons in other parts of Serbia since their expulsion in the summer of 1999. In another part of Kosovo, the village of Silovo, 14 Kosovo Serbs were injured due to the excessive use of force by ethnic Albanian police.

It is obvious to everyone today that, 13 months after the illegal unilateral declaration of independence, Kosovo is no State. There is minimal protection of human rights, as demonstrated by the small number of Kosovo Serbs and other non-Albanian who have returned to the province. Serbia, along with a number of European Union member States, faces tremendous problems arising out of the activities of the ethnic Albanian mafia in Kosovo, which specializes in the trafficking of narcotics, human beings and weapons.

We want to see life return to normal in our southern province. I am convinced that Albanians and Serbs can live side by side. That is why the United Nations and EULEX have to work hard to discharge the mandate in full.

Here and on this occasion, I would like to underline that it is of exceptional importance for UNMIK and EULEX to ensure freedom of movement throughout Kosovo for the democratically chosen officials of the Republic of Serbia. They must not be turned back at the Administrative Boundary Line by the Pristina authorities. Such provocations can only serve to deeply distress the Serbian population of the province.

The legal aspect of the Kosovo case, as we all know, finds itself before the International Court of Justice. The principal judicial organ of the United Nations will provide an advisory opinion on the following question: Is the unilateral declaration of independence by the Provisional Institutions of Self-government of Kosovo in accordance with international law?

I believe that all United Nations Member States should respect the fact that the International Court of Justice will decide the issue and that no one should in any way prejudge its deliberations. Therefore, we expect no encouragement for further recognitions. I call on all United Nations Member States that have not recognized the unilateral declaration of independence to stay the course while the Court conducts its work.

The Republic of Serbia supports new negotiations on Kosovo's future status. That is the only way to find a just compromise and a mutually acceptable solution. Serbia will never recognize the independence of Kosovo, either directly or indirectly, and we will continue the diplomatic, legal and peaceful defence of our integrity. We are persuaded that the advisory opinion of the International Court of Justice will be immensely useful for the international system in its entirety, because we believe that its answer to the question posed by the General Assembly will prevent the Kosovo issue from serving as a deeply dangerous precedent.

Serbia will remain a good-faith partner to the international community in the interim administration of our southern province. The role of the European Union is of great significance. Now, as a result of the fact that the Security Council has welcomed the November report of the Secretary-General (S/2008/692), in which the mandate of EULEX is clearly defined as fully respecting resolution 1244 (1999) and operating in a strictly status-neutral manner under the auspices of the United Nations, our cooperative partnership with EULEX and UNMIK should continue in order to implement the provisions of the November report, namely, the six points that provide for the continuation of the dialogue with Belgrade.

Serbia has and will continue to contribute constructively and seriously to finding mechanisms to fully implement the six points in the context of the negotiating process. We have made concrete proposals on the issues of the judiciary and the safeguarding of Serbian patrimony in Kosovo. We remain open to further talks with the aim of implementing the six points, in line with resolution 1244 (1999).

What has always been a crucial condition for our acceptance of reconfiguration was a clear and binding commitment by the European Union, confirmed by the Security Council, to be fully status-neutral and to completely anchor its presence in Kosovo under the authority of the United Nations, with full respect for resolution 1244 (1999).

I am pleased that those reasonable conditions have been met. The precisely formulated text of the November 2008 report, welcomed by the Security Council and reaffirmed in the report (S/2009/149) before the Council today, defines the status-neutrality of EULEX's engagement, which is a guarantee that no part of its mandate can be devoted to the implementation of the Ahtisaari plan for Kosovo's independence, which was rejected by the Republic of Serbia and was not endorsed by the Security Council, in the words of a previous report. However, it is of great significance that the implementation of the six points, as well as the full deployment of EULEX, shall be put into operation, notwithstanding the existence of some problems, and that this shall be done in consultation with all relevant stakeholders, most importantly with the Republic of Serbia.

I call on the authorities in Pristina not to obstruct the will of the international community. The Republic of Serbia is ready to continue to cooperate with EULEX in our southern province, because it has been confirmed by the United Nations that EULEX is welcome in Kosovo and Metohija.

I would like to repeat that it is of great significance for us that UNMIK continue its mission and mandate and remain fully and ably present on the ground throughout Kosovo and that its budget not be reduced. Without UNMIK, it would not be possible to fulfil the requirements of either resolution 1244 (1999) or of the Secretary-General's six-point plan. I would like to underscore UNMIK's duty to be part of the Pristina delegation at all international and regional meetings, where it must be identified and heard under the name UNMIK/Kosovo. Serbia will continue to contribute to such cooperation.

I conclude by quoting from the Secretary-General's report: UNMIK must "continue to play a crucial role in maintaining peace and stability on the ground" (S/2009/149, para. 35). Serbia will remain a factor for peace and stability, a partner to the international community in seeking a sustainable solution and a country that has its future in the European Union.

The President

I thank President Tadi for his statement.

I now give the floor to Mr. Skender Hyseni.

Mr. Hyseni (Kosovo)

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