PARLIAMENT ADOPTS UPDATED KOSOVO RESOLUTION

UNCLAS SECTION 01 OF 04 BELGRADE 001733

SIPDIS

SIPDIS
SENSITIVE

E.O.12958: N/A
TAGS: PGOV PREL PHUM KBTS KPAO SR MW KV
SUBJECT: PARLIAMENT ADOPTS UPDATED KOSOVO RESOLUTION

REFS: A) BELGRADE 1050 B) BELGRADE 1727

SUMMARY
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1. (SBU) Serbia's parliament overwhelmingly adopted on December 26 a
resolution against Kosovo independence. A product of negotiations
between ruling coalition parties, the text reiterated Serbia's
Kosovo policy without prescribing specific steps Serbia must take if
Kosovo declares independence, as hardliners had preferred. Although
the Prime Minister assailed U.S. support for Kosovo independence in
his remarks to parliament, the resolution itself does not mention
the United States. The most noteworthy updates since the previous
Kosovo resolution in July 2007 were: objection to an EU Mission in
Kosovo, linkage between a Stabilization and Accession Agreement for
Serbia's EU integration with Kosovo, and clarification that Serbia
will respond to Kosovo independence through legal challenges. All
ruling parties maintain that the text will not obstruct Serbia's
path to EU integration. Unofficial translation of the resolution is
in para 11. End Summary.


RESOLUTION SOFTER THAN RHETORIC
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2. (U) Serbia's parliament passed another resolution opposing Kosovo
independence on December 26. Similar to the previous resolution on
Kosovo (reftel A) passed in July 2007, the resolution states that
Kosovo independence would violate international law, UN Security
Council Resolution 1244, and Serbia's territorial integrity and
sovereignty. The notable additions since the last resolution were
objections to an EU Mission in Kosovo and linkages between EU/NATO
integration and Kosovo. As in July, the resolution does not call
for specific actions in response to a Kosovo declaration of
independence, but does call for Serbia to pursue "every legal
recourse" and "review" ties with countries that recognize Kosovo.
All parties supported the resolution except the Liberal Democratic
Party (LDP) and some minority parties. Radical Party (SRS) leaders
complained that the resolution did not go far enough but in the end
supported the text. President Tadic's Democratic Party (DS) worked
with Prime Minister Kostunica's Democratic Party of Serbia (DSS)
over the weekend of December 22 to produce the resolution (reftel
B).

BROAD SUPPORT
--------------


3. (SBU) Advisor to the Kosovo Ministry Stanko Blagojevic (DSS) told
poloff December 27 the resolution showed that Serbia "maintained the
same Kosovo policy" with updates to reflect new issues facing Serbia
since July, such as the proposed EU Mission in Kosovo and the
Stabilization and Accession Agreement (SAA). Member of Parliament
Konstantin Samofalov (DS) told poloff December 27 it was important
that there was consensus on Kosovo by almost all the parties, as
parliament could now move forward on other issues. G17 Plus
parliamentary whip Suzana Grubjesic told poloff December 27 that her
party was not enthusiastic about the resolution but that her party
voted in favor "to bring peace to the house."

TADIC RESTRAINED
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4. (U) Tadic and Kostunica addressed parliament before the vote.
Tadic said that the GOS would never accept Kosovo independence, and
would continue struggling to keep Kosovo within Serbia, and to keep
Serbia on its path to Europe. Tadic stressed that both principles -
the preservation of Kosovo as part of Serbia and keeping Serbia
steady on the road to Europe - "must be achieved through a wise
policy, by peaceful and diplomatic means." Speaking as Commander in
Chief, Tadic said the military would only act "in agreement with
corresponding international institutions and with respect to
international law."

KOSTUNICA RIPS U.S. POLICY
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5. (U) Mentioning the United States in his remarks nineteen times,
Kostunica berated U.S. policy for violating international law and
the interests of Serbia for its military and security interests in
Kosovo. "The battle for Kosovo is a battle for the freedom of
Serbia," Kostunica told parliament, and "the world should respect
Serbia's struggle to defend Kosovo." Kostunica underscored that it
would be best if "we agree with the Kosovo Albanians to live
together in peace and freedom, because Kosovo is big enough for the
implementation of mutual interests." Minister for Kosovo Slobodan
Samardzic (DSS) accused the U.S. and some EU member states of
discouraging the Kosovo Albanian delegation from reaching an
agreement with Belgrade. Samardzic told parliament the Serbian
negotiating team had approached the status talks with "good will and

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adequate preparation." He added that the negotiations conducted by
the Contact Group's Troika had been better than the previous
Ahtisaari process. "The role of the Troika was much more cautious
and balanced compared to the process run by Ahtisaari," Samardzic
said.

RADICALS QUIET
--------------


6. (SBU) During floor debate, Radical vice-president Tomislav
Nikolic complained about the resolution but ultimately supported the
measure. Nikolic attacked the GOS (as he did in July) for not
specifying consequences for countries that recognize Kosovo and
questioned why Kostunica blamed only the United States, and not
European countries, for supporting Kosovo independence. Blagojevic
said that the Radicals "did not actively participate" in the
resolution draft and declined the opportunity to consult with the
Ministry on its content. Samofalov assessed that the SRS did not
want to complicate their position during election season by voting
against something that supported Serbia's Kosovo policy.

DS-DSS-G17: RESOLUTION WON'T DERAIL EUROPEAN INTEGRATION
--------------


7. (SBU) Although the resolution required "all international
agreements signed by Serbia, including the Stabilization and
Association Agreement," to "safeguard" Serbia's territorial
integrity, officials from all ruling parties said the resolution
would not disrupt Serbia's efforts to sign an SAA with the EU.
Minister Samardzic told parliament that the draft SAA acknowledged
UNSC Resolution 1244 and therefore did not violate Serbia's
sovereignty. Blagojevic told poloff December 27 that the resolution
did not prevent Serbia from signing an SAA. Samofalov agreed,
telling poloff December 27 that he saw no problem with regard to the
resolution and EU integration, "and now we can sign the SAA as we
expect will happen in January." G17 Plus, for which EU integration
is a paramount political issue, agreed -- Grubjesic told poloff
December 27 that "there was no alternative" to Serbia's
Euro-Atlantic integration and that the resolution could not affect
this path.

DOOR TO NATO LEFT OPEN
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8. (SBU) The text was tougher on NATO -- recalling the "unlawful
bombing" of Serbia and requiring "military neutrality" -- but
allowed for Serbia to join after a referendum. Samofalov, whose DS
is firmly in favor of NATO membership, told poloff December 27 that
he saw no problem between the resolution and NATO membership because
a country was neutral in any case before it officially joined an
alliance. This is not a problem for now and can be addressed when
Serbia is ready, prepared and invited to join NATO, Samofalov said.

"REVIEW" DIPLOMATIC TIES & GO TO COURT, NOT WAR
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9. (U) According to the resolution, Serbia must "review" diplomatic
ties with countries that recognize Kosovo and "use every legal
recourse before the competent international and national courts to
safeguard the sovereignty and territorial integrity of Serbia" if
Kosovo declares independence. Radicals and other hardliners had
demanded stricter consequences, but the DSS and DS drafted a text
without such enunciated steps.

COMMENT
--------------


10. (SBU) This restrained resolution represents a win for Tadic.
Once again, Tadic has held Serbia's governing coalition together and
avoided serious damage to Serbia's prospects for European
integration. Tadic was in a difficult position since he believes he
needs to fireproof himself with tough public statements on Kosovo,
and DSS support if possible, to get reelected. Tadic was successful
in delivering a tough but punchless Kosovo resolution while avoiding
limits to his efforts to come closer to the EU and to NATO. He also
successfully marginalized the Radicals, his main opponent in the
upcoming presidential election. Still, Kostunica will try to
exercise some control over Tadic during the presidential campaign.
Tadic will continue working to keep the DSS from obstructing his
reelection and to prevent anyone from outflanking him on Kosovo.
Our task is twofold: not to overreact to inevitable overheated
campaign rhetoric (whether insults from Kostunica or patriotically
tinged statements from Tadic); and to be very clear, in closed
discussions with Tadic about what we plan to do after February 3,
and how we expect him to manage the post-CDI process with us. End
comment.


11. (U) Begin unofficial translation of draft resolution:


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1. On the basis of the endorsed report of the state negotiating team
on the second round of negotiations on Kosovo-Metohija's future
status (held August 10-December 10, 2007),the National Assembly
notes that the Albanian side avoided doing any true negotiation in
the same way that it had done during the first round of talks, which
was conducted by M. Ahtisaari. The main reason for their obstruction
lay in the position of some Western countries that Kosovo should be
given independence. In light of this position adopted by Western
countries, there was no true incentive for the Albanian delegation
to search for a solution to the issue of Kosovo-Metohija's future
status in a negotiation process.


2. The National Assembly notes that some Western countries strongly
oppose a continuation of negotiations on Kosovo-Metohija's future
status, which has made it impossible for the UN Security Council to
reach a negotiated solution to this issue. These countries are
encouraging Albanian representatives in Kosovo-Metohija to proclaim
the province's independence and threatening Serbia with recognizing
this unlawful act.


3. The National Assembly notes with special concern that the EU
Council, in conclusions adopted by its presidency on December 14,
2007 (conclusions Nos. 65-70),referred to activities in connection
with Kosovo-Metohija and in the province itself that would directly
put the sovereignty and territorial integrity of the Republic of
Serbia at risk.


4. The National Assembly concludes that a proclamation of Kosovo's
independence and recognition of this independence by any country
would constitute gross violations of international law, primarily
the UN Charter, the Helsinki Final Act, and UNSC Resolution 1244.
Such actions and activities would directly put the sovereignty,
territorial integrity, and constitutional order of the Republic of
Serbia at risk.


5. The National Assembly concludes that the deployment of the
European Union's proposed mission for implementing Ahtisaari's
discarded plan would constitute a threat to the sovereignty,
territorial integrity, and constitutional order of the Republic of
Serbia. In July 2007, the UN Security Council did not endorse six
draft resolution based on Ahtisaari's plan, primarily Annexes 10 and
11 of Ahtisaari's plan. The annexes envisaged deploying an EU
mission and NATO forces to Kosovo-Metohija. In view of this, the
National Assembly demands that a negotiated settlement for the
future status of the province of Kosovo-Metohija must be found and
endorsed by the UN Security Council before any mission could be
deployed to replace the present UN administration in the province.
The National Assembly instructs the government of Serbia to
establish with the European Union that no EU mission could be
deployed to Serbian territory, to Kosovo-Metohija, without a
corresponding decision of the UN Security Council.


6. Due to NATO's overall role -- from the unlawful bombing of Serbia
without a UNSC decision, to Annex 11 of Ahtisaari's discarded plan,
which defines NATO as the "supreme authority" in an "independent
Kosovo" -- the National Assembly adopts a decision on declaring
Serbia's military neutrality in relation to the existing military
alliances until a referendum could possibly be called to adopt a
final decision on this issue.


7. In view of the above, the National Assembly defines the following
positions as the framework for the activity of the government
institutions and other public factors in the defense of the
sovereignty, territorial integrity, and constitutional order of the
Republic of Serbia:

a) the defense of Kosovo-Metohija as an integral part of the
Republic of Serbia shall be a priority for the state institutions
and all public factors in the country until the adoption of a
compromise on this issue based on UNSC Resolution 1244;

b) any act of proclamation or recognition of Kosovo-Metohija's
independence and any international action stemming from such an act,
whoever may adopt or implement it, shall be declared null and void
and in contravention of the constitutional order of the Republic of
Serbia. Consequently, Kosovo-Metohija shall be treated by the
country's institutions and public factors in their domestic and
foreign policy activities as an integral part of Serbia. This
position shall apply to each individual act and activity of
government institutions and public factors until a compromise for
this issue can be found on the basis of UNSC Resolution 1244.
Diplomatic and all other relations with countries that might
recognize Kosovo-Metohija's independence shall be reviewed on a
case-to-case basis;

c) the Serbian government is instructed to adopt a specific and
comprehensive plan of measures that should be taken in all areas
under its purview in case of an unlawful proclamation of
independence of Kosovo-Metohija;

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d) the Serbian government is instructed to exercise as efficaciously
as possible the constitutional powers of the Republic of Serbia in
Kosovo-Metohija and to intensify the activity of the state
institutions in the exercise of these powers. The Serbian government
is especially instructed to act efficaciously to protect the life
and property, rights and freedoms of all people in the province and
especially the Serb and non-Albanian communities in all
circumstances that might arise;

e) despite the efforts of some Western countries to block further
negotiations that would produce a solution for Kosovo-Metohija's
status by peaceful means and in keeping with UNSC Resolution 1244,
the authorized representatives of the Republic of Serbia should keep
up their efforts for restarting the negotiations and finding a
solution that would be in the spirit of international law;

f) the National Assembly instructs the Serbian government to ensure
that all international agreements signed by Serbia, including the
Stabilization and Association Agreement, shall be in the service of
safeguarding the country's sovereignty and territorial integrity;

g) The National Assembly demands that all Serbian state institutions
shall use every legal recourse before the competent international
and national courts to safeguard the sovereignty and territorial
integrity of Serbia.


8. The National Assembly demands that the Serbian government shall
keep this body regularly apprised of developments in connection with
Kosovo-Metohija and the implementation of the activities and
measures listed above for the protection of the sovereignty,
territorial integrity, and constitutional order of the Republic of
Serbia.

End unofficial translation.

PEDERSON