EU: NO CLARITY FROM UN BUT MEMBERS AGREED ON EULEX

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 000421 SIPDIS NOFORN SIPDIS E.O. 12958: DECL: 03/19/2018 TAGS: PREL EUN UNMIK KV SR SUBJECT: EU: NO CLARITY FROM UN BUT MEMBERS AGREED ON EULEX WAY FORWARD REF: USEU BRUSSELS 381 Classified By: Political Minister Counselor Larry Wohlers for reason 1. 4 (b) and (d) ¶1. (C) Summary: EULEX representatives returned from meetings with UN officials in New York frustrated by the UN's inability to provide strategic-level clarity on the planning, logistics, and mechanics of reconfiguration of UNMIK and transition to the EU's rule of law mission. However, the EU remains confident that the ongoing quiet, small-scale operational cooperation between the two missions will at least enable the deployment of 200 more EU personnel to Kosovo in late-April. Member states are in broad agreement that the mission must be deployed throughout all of Kosovo and are urging UNMIK's quick return to the North. A persistent lack of clarity from the UN on transition arrangements or a further deterioration of the situation on the ground could jeopardize deployment timetables and the EU's planning for non-majority areas, however. End Summary. UN: Small Scale Cooperation, but Don't Mention the Transition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ¶2. (C) EULEX Head of Mission Yves de Kermabon and Council Balkans Director Stefan Lehne briefed PSC Ambassadors March 18 on current EULEX planning and discussions with the UN as well as current events in Mitrovica. Third state mission contributors received a subsequent briefing from mission planners on the same issues March 19. EU Civilian Planning and Conduct Capability (CPCC) contacts reported a series of frustrating meetings between de Kermabon and UN partners in New York earlier this month where they were unable to get any further clarity on transition timelines, logistics arrangements or political coordination. DPKO interlocutors responded with a blunt "no" when asked whether they had begun planning UNMIK's transition, and instead characterized the process as an "evolution," warning the EU that public discussion of a handover from UNMIK to EULEX and too much publicity surrounding EULEX deployment would make it politically more difficult for the two missions to engage on a pragmatic, operational level. They pleaded with the EU to keep discussions informal, discreet, and limited only to operational issues for now. EU interlocutors report that DPKO remains willing to cooperate "in a broad sense" to facilitate EULEX deployment within these quietly drawn parameters. ¶3. (C) The EU anticipates that, with continued quiet cooperation from DPKO and UNMIK, the next 200 EU officers will arrive on time in Kosovo in late April. Planners warn, however, that further waves of deployments may be delayed "by months" without progress on a transfer of UNMIK assets to EULEX, and they requested continued member state and contributing nation support in emphasizing this point to UN authorities. The two organizations must also resolve other outstanding issues such as reporting requirements to the UN under 1244 provisions, clarity on privileges and immunities for EULEX personnel, and an agreement for EULEX personnel to shadow UNMIK officers ahead of transition. Also at issue are UNMIK's residual competencies and presence in Kosovo after a presumed transfer of authority. CPCC contacts note that as soon as these issues are decided, EULEX's ability to engage with local populations, including in non-majority areas, will be greatly enhanced and could pave the way for a more peaceful and credible transition. ¶5. (C) Contacts privately admit some discomfort with the ad hoc planning changes that must accompany the approach they are forced to take with the UN in light of current political constraints. They remain cautiously optimistic, however, that an increasing EU presence in Kosovo will make it easier for the UN to politically justify UNMIK's engagement on these issues and an ultimate reconfiguration. They hope to see slightly increased UN willingness to engage after the Russian Security Council Presidency comes to an end. They add that it also will be necessary for the UN to adapt to changed realities on the ground after the adoption and entry into force of Kosovo's constitution. Member States United in Support of EULEX...For Now - - - - - - - - - - - - - - - - - - - - - - - - - - ¶6. (C) Council and member state contacts report that PSC Ambassadors received "surprisingly well" briefings by De Kermabon and Lehne regarding EULEX planning and state of play in Kosovo and Serbia. Member states are broadly agreed that UNMIK must reestablish a presence in North Mitrovica as soon BRUSSELS 00000421 002 OF 002 as possible. They remain united in supporting the upcoming second wave of EULEX deployment, which will involve sending personnel to Pristina and the regions, including Mitrovica. PSC contacts noted with some surprise that even Spain, and particularly Greece, have been helpful by taking a non-obstructionist approach in discussions. The PSC reps also agreed on keeping the EU's profile on aspects of transition relatively low for the time being, in the hopes of facilitating operational cooperation with UNMIK. Some pledged to continue to quietly pressure the UN to consider more concrete arrangements for UNMIK reconfiguration and cooperation with EULEX. ¶7. (C) CPCC planners tell us that they are working to emphasize the apolitical nature of the mission both within the EU and outside of it, which may be helping hold the consensus among the member states. Contacts cited only Sweden as arguing against the "one mission for all of Kosovo" principle, instead promoting an eventual division of responsibilities between UNMIK in the North and EULEX in other areas. The initiative met with resistance from other member states, although some PSC contacts warn that if the situation deteriorates further, other members could shift support to the Swedish idea. ¶8. (C/NF) Comment: Despite the recent violence in North Mitrovica, the EU consensus to move forward with the mission seems to be holding for now. Although a number of cross cutting pressures and upcoming decisions will soon test that solidarity, the EU leadership is striving hard, and thus far successfully, to keep everyone focused on implementing "plan A". The thusfar united rejection of Swedish proposals for North Mitrovica suggests that this strategy is working for now. One PSC ambassador told us that even those member states have not recognized do not want the EULEX mission to be perceived as a failure. Cracks may yet appear with a further deterioration of the situation in the region, and a continued lack of concrete cooperation from UNMIK might yet prevent the EU from being able to adequately meet EULEX's substantial logistical needs. Either eventuality would inevitably cause the EU to reconsider deployment timelines. EU unity will also be tested when it takes up debate of the EULEX operational plan for the North, now expected in late April, particularly given new concerns about impacting the nearly concurrent Serbian election campaigns. For the moment, however, internal deliberations appear to be relatively harmonious and focused on moving forward on the concrete steps of implementation. End comment. MURRAY .