KOSOVO: UN SAYS KPC AND KPS WILL REMOVE ILLEGAL

C O N F I D E N T I A L SECTION 01 OF 02 PRISTINA 001118

SIPDIS

SIPDIS

DEPT FOR S/CT RHONDA SHORE AND ED SALAZAR, DEPT FOR DRL,
INL, AND EUR/SCE, NSC FOR BRAUN, USUN FOR DREW
SCHUFLETOWSKI, USOSCE FOR STEVE STEGER

E.O. 12958: DECL: 12/28/2016
TAGS: PPGOV KJUS EAID KDEM UNMIK YI
SUBJECT: KOSOVO: UN SAYS KPC AND KPS WILL REMOVE ILLEGAL
CONSTRUCTION IN DECANI MONASTERY PROTECTED ZONE

REF: PRISTINA 352

Classified By: CDA ALEX LASKARIS FOR FOR REASONS 1.4 (B) AND (D).


1. (C) SUMMARY: PD/SRSG Schook told us on December 28 that
the illegal construction within the Decani Monastery's
Special Zoning Area (SZA) will be taken down in a joint
KPS/KPC operation within the next 36 hours. Fr. Sava, a
moderate Orthodox monk who resides at the monastery, had
sought our help to apply UNMIK regulations prohibting new
construction within the SZA. USOP met December 27 with Fr.
Sava, and later with Decani mayor Nazmi Selmanaj to urge
demolition of recent illegal construction. Selmanaj agreed
that the construction -- enlargement of an existing
restaurant -- needed to be demolished, and said he would urge
the owner to do it himself. Ramush Haradinaj, whose AAK
party Selmanaj belongs to, had told COM earlier that the
structure would be demolished, and promised Deputy SRSG
Schook on December 28 that it would be removed "by the end of
next week." We will continue to follow this this issue; it
is an important test-case for the protection of minority
rights and cultural hertiage sites, as well as for the
overall rule of law. END SUMMARY.


2. (SBU) PD/SRSG Shook called A/DPO on Deember 28 to confirm
that the illegal construction within the SZA would be removed
in a joint KPC/KPS operation. Shook said that the work would
be done "today or tomorrow." USOP will call Fr. Sava and
inform him of Schook's comments; we will also check in over
the next two days to see how the work is going. (Note: We
have forwarded photos of the illegal structures to EUR/SCE
via the unclassified system.)

Remove the Illegal Construction


3. (C) On December 27 A/DPO met with Decani mayor Nazmi
Selmanaj, deputy mayor Jashar Dobraj and CEO Hilal Tolaj and
urged them to remove recent illegal construction in the
Special Zoning Area (SZA) of the Serb Orthodox Decani
monastery. He noted that this construction -- the
enlargement of an existing restaurant -- was in clear
violation of a 2005 UNMIK executive order prohibiting
development in the SZA (reftel),and that this reflected
poorly on Kosovo's ability to protect its minority Serb
community. Selmanaj readily agreed, and promised that the
structure would be removed. However, he noted "difficulties"
in getting municipal workers to remove it, suggesting
approaching the owner to get his agreement to dismantle the
structure. If this failed, he went on, perhaps members of
the Kosovo Protection Corps (KPC) could be induced to do it.
A/DPO said it was the municipality's responsibility to find a
way, and added that COM had already spoken about the matter
to Alliance of the Future of Kosovo (AAK) President Ramush
Haradinaj, whose party Selmanaj belongs to and who promised
that the structure would be demolished in the near future.

Father Sava's Concerns


4. (C) Before the meeting with Selmanaj, A/DPO visited with
Decani monastery leader Father Sava Janjic, who expressed
concern over a number of recent threats to the SZA, including
enlargement of the restaurant, a planned road project and a
water bottling factory, and other development projects.
Father Sava noted that the monastery "could live with" the
restaurant, which was established before the implementation
of the SZA in 2005, but that the new construction was clearly
illegal and unacceptable. Saying he had good relations with
Selmanaj, Father Sava lamented that the mayor was just not
strong enough to implement a demolition order. He argued
that only Haradinaj had the authority to make certain this
got done. (Comment: Sava is right. Haradinaj holds great
sway in western Kosovo, where he is respected for his armed
opposition to Serbian forces during the 1998-99 conflict.
End Comment.) Father Sava said that protecting the SZA would
not only benefit his monastery, but would preserve a pristine
area -- the SZA is beautiful wooded, mountainous area -- for

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future generations of Kosovars, both Serb and Albanian. He
noted that the monastery does not prohibit anyone from
visiting the SZA and that Albanians take water from a stream
and often swim in the nearby river during the summer.

Haradinaj's pledge


5. (C) Schook earlier told us that he had spoken with
Haradinaj, who promised that it would be demolished "by the
end of next week." (Note: Schook said he personally would
press to have the entire restaurant removed, not just the new
construction, to send a signal that the SZA is entirely
off-limits to development. End Note.)


6. (C) COMMENT: We will follow up to ensure that the work
is done, and we will continue to press UNMIK, the PISG,
Haradinaj, and others on this issue. It sets the tone on how
Kosovo will treat its Serb minority in the post-status
environment; it is also a test case for the rule of law. We
also agree that Decani is inseparable from its surroundings;
even factoring out the political considerations, it would be
a mistake to damage the natural beauty of the valley in which
the monastery sits. END COMMENT.


7. (SBU) U.S. Office Pristina clears this cable in its
entirety for release to U.N. Special Envoy Martti Ahtisaari.
LASKARIS