SRSG RUCKER: UNMIK CAN DO LITTLE ELSE WITHOUT

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000862

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KV PGOV PREL UNMIK YI SR UNSC
SUBJECT: SRSG RUCKER: UNMIK CAN DO LITTLE ELSE WITHOUT
FINAL STATUS


SENSITIVE BUT UNCLASSIFIED; PROTECT ACCORDINGLY.


1. (SBU) Summary: In Security Council consultations on the
United Nations Interim Administration in Kosovo (UNMIK) on
October 9, SRSG Rucker said that cumulative progress on
standards implementation has been such that UNMIK can achieve
little else without status clarity. Russian PR Churkin
complained that UNMIK should stop talking about transition
because there is no agreement about what to transition to and
because such talk could undermine the negotiation process.
Rucker rejoined that Kosovars remained committed to the
Ahtisaari plan and that UNMIK would tolerate Kosovar
legislation in that direction to the extent it comports with
exisiting UNMIK regulations. End Summary.


2. (SBU) In Security Council consultations on UNMIK October
9, UNMIK SRSG Rucker gave a concise presentation reiterating
his previously stated message that UNMIK has achieved nearly
all that it can in Kosovo absent a determination of final
status. Rucker also expressed praise for the Unity Team for
re-engaging after the failure of the Ahtisaari Plan and
agreeing to stay together through the elections and to the
end of the Troika process on December 10. Rucker said UNMIK
was determined to have elections on November 17 in conformity
with all relevant technical standards and clearly stated that
Belgrade-organized parallel elections for Serb areas would
violate UNSCR 1244.

Russia,s Churkin:
--------------


3. (SBU) Reading a prepared statement, in Russian, PermRep
Churkin asserted that a real Belgrade-Pristina dialogue had
begun with Belgrade exhibiting a strong spirit of compromise
and realism. Churkin said he was surprised that the SYG's
report talks about planning for transition when the parties
have not reached an agreement and cautioned that such
planning was without authority and could undermine the
negotiation process in that "reanimation" of Ahtisaari's
status plan would motivate one party to avoid concessions.
He said international law demands a Security Council decision
on Kosovo and agreement of both sides and, in the meantime,
1244 is still in force. He asserted that we should not be
surprised that Kosovo Serbs may not take part in elections
under such circumstances.


4. (SBU) Churkin also said he was not satisfied that UNMIK
had done all it could, especially regarding the return of
refugees and the creation of a normal life for all in Kosovo.
He said Kosovo Serbs continue to feel unsafe, Kosovo
Liberation Army veterans threaten to take up arms again, and
the Albanian National Army continues to patrol Kosovo roads.
He complained of "horrendous figures" appearing on Kosovo's
voting list, naming ICTY defendant Ramush Haradinaj and
mentioned the UNMIK report gave no details on the protection
of ICTY witnesses. Speaking again near the end of the
meeting, Churkin warned that there will be no stability in
the region and even beyond without a negotiated agreement.
The Ahtisaari process failed, he averred, because one party
was promised independence at the outset.


Other Council Members
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5. (SBU) Peru's PR hoped for compromise within the Troika
process, arguing that the alternatives if the process breaks
down all have problems. He encouraged the Troika to come up
with its own ideas. He suggested that Rucker's statement
that the limit of 1244 implementation has been reached has a
derogatory implication and asked how such a statement
contributed to the negotiation process. China's DPR said
standards are essential and negotiations fundamental, so both
sides should be urged to show political will and make
compromises. Belgium's PR said we must be realistic about
the chances for the negotiation process and plan for
contingencies. He recalled the Contact Group commitment that
any solution must be acceptable to the people of Kosovo.


6. (SBU) The UK's DPR stressed that EU/NATO would have to
deal with any instability and had the real equities on
Kosovo. She said the EU had wanted to deploy a rule of law
mission already, but for the Council's failure to reach
agreement. She insisted that the Contact Group's recent
statement made it clear that the Troika's work will end on

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December 10. She also asked Rucker whether he saw signs of
Belgrade arranging parallel elections?


7. (SBU) Indonesia was confident that adequate time and the
right incentives would lead to a mutually-acceptable Kosovo
agreement. Panama's PR said there should be no extension of
negotiations unless both parties want that.


8. (SBU) Speaking for the U.S., Ambassador Khalilzad agreed
with Rucker's message that progress on standards had been
good. UNMIK had done nearly all it could in the absence of
final status determination and, in fact, we risked the
unraveling of UNMIK's progress without status clarity.
Ambassador Khalilzad also called on countries with influence
with Belgrade to discourage parallel elections.


9. (SBU) Qatar asked what is UNMIK's role in combating crime
and in transferring competencies and whether Rucker had an
update on the prison escape mentioned paragraph 12 of the
SYG's report.


10. (SBU) Italy's PR urged the Troika to become more active
and to make its own proposals. He said Italy has 2,200
troops in KFOR and will keep them there. Congo stated that
we should try to preserve the progress achieved in Kosovo and
that the efforts of the Troika give us hope despite the
opposing positions of the parties. Ghana said that the best
settlement would come through negotiations and welcomed the
progress Kosovo had made in standards implementation.

Rucker Responds To Questions
--------------


11. (SBU) Rucker said UNMIK continues to transfer authority
to the PISG with only a few areas remaining where further
transfer was still being worked on. He also said the PISG is
still committed to Ahtisaari's settlement plan and will
legislate accordingly, which UNMIK does not oppose to the
extent Ahtisaari is not inconsistent with current
regulations. In response to questions on why UNMIK says what
is achievable has been achieved, Rucker said IDP's, for
example, now list the economy before security as an obstacle
to return. The economy, he explained, is linked to status
with respect to access to international financial
institutions and foreign direct investment. On witness
protection, the Kosovo police has a specialized unit and
UNMIK has a task force. UNMIK also has technical devices
available including -- voice scrambling for remote testimony,
etc. -- when appropriate. Rucker also stated that UNMIK-ICTY
cooperation was very good and ICTY had made a number of
statements agreeing with that assessment. Rucker said he had
written to Prime Minister Kostunica seeking cooperation for
the elections and pointing out that parallel elections would
violate 1244.
KHALILZAD