KOSOVO STATUS NEGOTIATIONS: MAY 23 MEETING ON

UNCLAS SECTION 01 OF 02 VIENNA 001555

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EUR/SCE

E.O. 12958: N/A
TAGS: PGOV PREL KDEM UNMIK SR YI AU
SUBJECT: KOSOVO STATUS NEGOTIATIONS: MAY 23 MEETING ON
RELIGIOUS SITES AND CULTURAL HERITAGE

REF: HOVENIER-EUR/SCE 5/24 EMAIL

VIENNA 00001555 001.2 OF 002


THIS CABLE IS SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE
ACCORDINGLY.


1. (U) THIS CABLE IS AN UPDATE FROM THE U.S. LIAISON OFFICER
IN THE OFFICE OF THE UN SPECIAL ENVOY FOR KOSOVO STATUS
(UNOSEK). A MORE DETAILED READOUT OF THE MAY 23 NEGOTIATION
SESSION IS GIVEN REF.

SUMMARY
--------------


2. (SBU) THE MAY 23 MEETING ON RELIGIOUS SITES AND CULTURAL
HERITAGE WAS MORE PRODUCTIVE THAN EXPECTED. THE MEETING
GENERALLY TOOK PLACE IN A BUSINESS-LIKE ATMOSPHERE THAT
FACILITATED DISCUSSION. THE SIDES AGREED ON A NUMBER OF
ISSUES, INCLUDING THE SERBIAN ORTHODOX CHURCH'S (SOC)
OWNERSHIP OF ITS PROPERTY AND CONTROL OF ACCESS TO IT, THE
NEED FOR FREEDOM OF MOVEMENT AND FOR PHYSICAL SECURITY FOR
SOME CHURCH SITES, AND THE CHURCH'S RIGHT TO RECEIVE SUPPORT
FROM DONORS INCLUDING BELGRADE. HOWEVER, BELGRADE INSISTED
ON ITS PROPOSAL TO INCLUDE SOC SITES IN A "SERB ENTITY" THAT
WOULD BE COMPRISED OF SERB-MAJORITY MUNICIPALITIES AND SOC
SITES. BELGRADE ALSO PUT FORWARD FAR-REACHING PROPOSALS FOR
PROTECTIVE ZONES AROUND CHURCH SITES. AS A NEXT STEP, BOTH
SIDES AGREED TO A UNOSEK-ORGANIZED/LED EXPERT TEAM TO REVIEW
POSSIBLE PROTECTION ZONES AND DEVELOP PROPOSALS.

AREAS OF DIFFERENCE
--------------


3. (SBU) THE FOLLOWING WERE THE MAIN AREAS OF DIFFERENCE
BETWEEN BELGRADE AND PRISTINA:

--DECENTRALIZATION/SERB ENTITY: THE BELGRADE DELEGATION
INSISTED THAT THE PROTECTION OF THE CHURCH IS PART OF
BELGRADE'S BROADER SCHEME AND LINKED TO DECENTRALIZATION.
SEVERAL TIMES THEY MADE EXPLICIT THAT WHAT THEY SEEK IS A
"SERB ENTITY" THAT WOULD BE COMPRISED OF THE SERB-MAJORITY
MUNICIPALITIES AND THE PROTECTIVE ZONES AROUND THE SERB
ORTHODOX SITES LOCATED OUTSIDE OF SERB-MAJORITY
MUNICIPALITIES. (NOTE: UNOSEK REVIEWED THE TERM "ENTITY"
BOTH WITH THE BELGRADE DELEGATION AND WITH THE TRANSLATORS;
BOTH CONFIRMED THIS WAS WHAT WAS MEANT.)

--PROTECTIVE ZONES: THE BELGRADE DELEGATION TABLED AN
AMBITIOUS SET OF PROPOSALS FOR PROTECTIVE ZONES. THEY
IDENTIFIED 11 SITES (AND SAID THEY HAD SEVERAL MORE THAT
THEY ARE DEVELOPING) THAT REQUIRED THEM. THE LARGEST WAS
DECANI (OVER 4,000 HECTARES),WHILE MOST WERE IN THE
HUNDREDS OF HECTARES AND ENCOMPASSED PRIVATE PROPERTY (OWNED
BY ALBANIANS AND, IN SOME CASES SERBS) AND STATE-OWNED
PROPERTY. WHEN ASKED ABOUT CRITERIA, BELGRADE SAID PART OF
THE CRITERIA WAS THE FACT THAT MOST OF THIS LAND HAD BEEN
PREVIOUSLY OWNED BY THE SERBIAN ORTHODOX CHURCH AND HAD BEEN
EXPROPRIATED AFTER WORLD WAR II. PRISTINA INSISTED THAT THE
ZONES NEED TO PROTECT THE CHURCHES THEMSELVES AND SHOULD NOT
BE LINKED TO PROPERTY RESTITUTION. ITS INITIAL PROPOSAL ON
PROTECTION ZONES WAS A 50-METER RADIUS IN URBAN AREAS, AND A
100-METER RADIUS IN RURAL AREAS, FOLLOWING THE "GRENADA
CONVENTION."

--RESTORATION AND RECONSTRUCTION: THE SIDES AGREED THAT THE
PRESENT MECHANISM (THE RECONSTRUCTION IMPLEMENTATION
COMMITTEE - RIC) IS WORKING FINE, AND SHOULD CONTINUE FOR
THE TIME BEING. BOTH SIDES ALSO AGREED THAT AS OWNER OF THE
PROPERTIES, THE SOC SHOULD HAVE THE RIGHT TO DECIDE ON
RECONSTRUCTION/RESTORATION. HOWEVER, BELGRADE INSISTED ON
THE PRINCIPLE THAT THE SERBIAN STATE SHOULD HAVE ULTIMATE
RESPONSIBILITY FOR RESTORATION AND RECONSTRUCTION, AND
SUGGESTED IT MAY WISH TO SEE A DIFFERENT MECHANISM THAN THE
RIC IN THE FUTURE. PRISTINA OPPOSED THIS.

--EXHIBITION ARTEFACTS: PRISTINA CALLED FOR THE ARTEFACTS
TAKEN ON LOAN FROM THE MUSEUM OF KOSOVO FOR EXHIBITIONS IN
BELGRADE IN 1999 TO BE RETURNED "WHERE THEY BELONG."
BELGRADE SAID "WHERE THEY BELONG" IS WHAT IS AT ISSUE AND
PROMISED TO PROVIDE ITS CONSIDERED THOUGHTS IN DUE TIME.

AREAS OF AGREEMENT
--------------


4. (SBU) THE MAIN AREAS OF AGREEMENT WERE:

--STATUS OF SOC: PRISTINA MADE CLEAR IT ACCEPTS THE CHURCH,
ITS INTERNAL HIERARCHY, AND FUNCTIONS. IT IS THE SOLE OWNER
OF ITS PROPERTY, AND CAN DETERMINE ITS DISPOSITION. THE

VIENNA 00001555 002.2 OF 002


PRISTINA DELEGATION STRESSED THAT IT WANTS TO BE A PARTNER
OF THE SOC.

--PHYSICAL SECURITY: THE SIDES AGREED THAT THERE NEEDS TO
BE SPECIAL SECURITY FOR SOME SOC SITES AND MONUMENTS. BOTH
SIDES GAVE UNOSEK LISTS OF SITES FOR SUCH PROTECTION.
UNOSEK WILL REVIEW/RECONCILE AND CONSULT. BOTH SIDES AGREED
THEY WANT AN INTERNATIONAL PRESENCE TO CONTINUE TO PLAY A
ROLE IN PROVIDING SECURITY: BELGRADE WANTED IT FOR AN
UNDEFINED TIME IN THE FUTURE, AND COULD NOT IDENTIFY WHAT
THE INTERNATIONAL SECURITY PRESENCE SHOULD TRANSITION TO;
PRISTINA PROPOSED ESTABLISHMENT OF A MULTI-ETHNIC (WITH
LARGE QUOTAS FOR SERBS) SPECIAL BRANCH OF THE KPS.

--ACCESS: BOTH SIDES AGREED THE SOC SHOULD DETERMINE WHO
HAS ACCESS TO CHURCH SITES (VISITORS, PILGRIMS, ETC.).

--FREEDOM OF MOVEMENT: BOTH SIDES AGREED IT SHOULD BE
GUARANTEED FOR THE CLERGY, AND WILL CONSIDER MEANS TO
ACHIEVE IT. PRISTINA MADE CLEAR THAT THE KPS AND OTHERS
WOULD BE AVAILABLE FOR THIS PURPOSE.

--DUTY AND TAX PRIVILEGES: PRISTINA AND BELGRADE AGREED
THAT THE SOC SHOULD HAVE IT (AS SHOULD OTHER RELIGIONS IN
KOSOVO),AND RECOGNIZED THAT THE SOC MAY NEED ADDITIONAL
PRIVILEGES GIVEN THE COMMERCIAL ENTERPRISES OF SOME
MONASTERIES. THE SOC PROMISED TO PROVIDE A LIST OF
"PARTICULAR NEEDS." PRISTINA PROMISED TO REVIEW THE LIST AND
ADDRESS THE SOC'S CONCERNS.

--SUPPORT/WELFARE: BOTH SIDES AGREED THE SOC SHOULD BE ABLE
TO ENJOY SUPPORT DONATED FROM ANY SOURCE, INCLUDING
BELGRADE. BELGRADE CAN CONTINUE PAYING STIPENDS, PENSIONS,
ETC. TO THE SOC AND ITS PERSONNEL AND PROVIDE SUPPORT TO SOC
SCHOOLS. UNOSEK CLARIFIED THAT THESE ARE PRIVATE AND NOT
PUBLIC SCHOOLS.

--IMPLEMENTATION COMMITTEE: PRISTINA AND BELGRADE AGREED
THAT A GENERAL COMMITTEE SHOULD BE ESTABLISHED TO OVERSEE
IMPLEMENTATION OF STATUS DOCUMENT PROVISIONS RELATED TO
PROTECTION OF RELIGIOUS AND CULTURAL HERITAGE. BELGRADE
UNDERTOOK TO PROVIDE ITS VIEWS ON TERMS OF REFERENCE AND
COMPOSITION. PRISTINA SUGGESTED THAT THE COMMITTEE BE
COMPRISED OF REPRESNTATIVES FROM THE KOSOVO GOVERNMENT, SOC,
AND THE INTERNATIONAL COMMUNITY (LEAVING OUT BELGRADE
REPRESENTATIVES).

RETURNS PROTOCOL
--------------


5. (SBU) ON THE MARGINS, BELGRADE AND PRISTINA CAME TO
CLOSURE ON A FINAL TEXT FOR A RETURNS PROTOCOL. ALTHOUGH
BELGRADE WAS PREPARED TO ANNOUNCE THAT THIS NEGOTIATION WAS
COPMLETED FOLLOWING THE MAY 23 MEETING, PRISTINA REQUIRED
MORE TIME FOR THE FINAL TEXT TO BE REVIEWED. UNOSEK
UNDERSTANDS THE TEXT SHOULD BE SIGNED BY BOTH SIDES SHORTLY.


NEXT STEPS
--------------


6. (SBU) BOTH SIDES AGREED TO A UNOSEK-ORGANIZED/LED EXPERT
TEAM COMPRISED OF BELGRADE, PRISTINA, SOC, COUNCIL OF
EUROPE, UNESCO, AND UNMIK TO REVIEW POSSIBLE PROTECTION
ZONES AND DEVELOP PROPOSALS. UNOSEK WILL BE LOOKING TO DO
THIS QUICKLY. GIVEN THE DIFFERENCES IN CRITERIA, THE GROUP
IS UNLIKELY TO HAVE CONSENSUS RECOMMENDATIONS.

MCCAW