KOSOVO: REQUEST FOR ESTABLISHMENT OF DIPLOMATIC RELATIONS

UNCLAS PRISTINA 000076

SIPDIS

DEPT FOR S, P, EUR and L/EUR
DEPT PLEASE PASS TO WHITE HOUSE FOR PRESIDENT'S TRAVELING PARTY AND
NSC FOR BRAUN

E.O. 12958: N/A
TAGS: PGOV KV
SUBJECT: KOSOVO: REQUEST FOR ESTABLISHMENT OF DIPLOMATIC RELATIONS
WITH THE UNITED STATES


1. On February 17, the Assembly of Kosovo declared the independence
of Kosovo. Kosovo President Fatmir Sejdiu has asked that we convey
immediately to President Bush the following request for U.S.
recognition of Kosovo's statehood and the establishment of
diplomatic relations with the United States (para 2). The actual
text of the declaration of independence follows in para 3.


2. Text of the letter from Kosovo President Sejdiu follows:

//BEGIN LETTER TEXT//

Dear President Bush:

Kosovo now prepares to take its rightful place among the community
of nations. As a democratic, secular, and multi-ethnic state, we
will be guided by the principles of the rule of law, the protection
of human rights and fundamental freedoms, and the equality of all
our citizens. We will protect and promote the rights of all our
ethnic communities and create the conditions necessary to facilitate
their active participation in public life. Kosovo seeks to provide
for all its citizens the highest standards of democracy, and will
continue to develop public institutions committed to good governance
and accountability.

In our Declaration of Independence, Kosovo also commits to full
implementation of its obligations under the Comprehensive Proposal
for the Kosovo Status Settlement of UN Special Envoy Martti
Ahtisaari. We will pursue immediately a vigorous agenda to realize
this commitment in both law and practice, and will adopt a
constitution that enshrines the principles of democracy upon which
our state is based. I would like to reiterate to you, Mr.
President, this unconditional pledge, and express our full
cooperation with the international presences that will supervise the
fulfillment of our obligations under the Ahtisaari Plan. Kosovo
also welcomes and invites the continued operations in Kosovo of the
NATO-led international military presence and its contribution to a
safe and secure environment for all the people of Kosovo.

As we stated in our Declaration, we affirm clearly, specifically,
and irrevocably that Kosovo shall be legally bound to comply with
the provisions contained in the Declaration, and that your
government is entitled to rely upon this affirmation. Our
Declaration of Independence also affirms that we undertake the
international obligations of Kosovo, including those concluded on
our behalf by the United Nations Interim Administration Mission in
Kosovo, as well as the treaty and other obligations of the former
Yugoslavia to which we are bound as a former constituent part. In
this regard, we hereby reaffirm our commitment to abide by the terms
of the Vienna Convention on Diplomatic Relations and the Vienna
Convention on Consular Relations in our relations with the United
States of America.

On behalf of the people of Kosovo, I respectfully extend this
request to you, Mr. President, to recognize Kosovo and to establish
full diplomatic relations with us on the basis of these assurances.

Sincerely,

President Sejdiu
President of the Republic of Kosovo

// END LETTER TEXT //


3. Text of the Kosovo Declaration of Independence follows:

//BEGIN DECLARATION TEXT//

Kosovo Declaration of Independence

Convened in an extraordinary meeting on February 17, 2008, in
Pristina, the capital of Kosovo,

Answering the call of the people to build a society that honours
human dignity and affirms the pride and purpose of its citizens,

Committed to confront the painful legacy of the recent past in a
spirit of reconciliation and forgiveness,

Dedicated to protecting, promoting and honouring the diversity of
our people,

Reaffirming our wish to become fully integrated into the
Euro-Atlantic family of democracies,

Observing that Kosovo is a special case arising from Yugoslavia's
non-consensual breakup and is not a precedent for any other
situation,

Recalling the years of strife and violence in Kosovo, that disturbed
the conscience of all civilised people,

Grateful that in 1999 the world intervened, thereby removing
Belgrade's governance over Kosovo and placing Kosovo under United
Nations interim administration,

Proud that Kosovo has since developed functional, multi-ethnic
institutions of democracy that express freely the will of our
citizens,

Recalling the years of internationally-sponsored negotiations
between Belgrade and Pristina over the question of our future
political status,

Regretting that no mutually-acceptable status outcome was possible,
in spite of the good-faith engagement of our leaders,

Confirming that the recommendations of UN Special Envoy Martti
Ahtisaari provide Kosovo with a comprehensive framework for its
future development and are in line with the highest European
standards of human rights and good governance,

Determined to see our status resolved in order to give our people
clarity about their future, move beyond the conflicts of the past
and realise the full democratic potential of our society,

Honouring all the men and women who made great sacrifices to build a
better future for Kosovo,


1. We, the democratically-elected leaders of our people, hereby
declare Kosovo to be an independent and sovereign state. This
declaration reflects the will of our people and it is in full
accordance with the recommendations of UN Special Envoy Martti
Ahtisaari and his Comprehensive Proposal for the Kosovo Status
Settlement.


2. We declare Kosovo to be a democratic, secular and multi-ethnic
republic, guided by the principles of non-discrimination and equal
protection under the law. We shall protect and promote the rights of
all communities in Kosovo and create the conditions necessary for
their effective participation in political and decision-making
processes.


3. We accept fully the obligations for Kosovo contained in the
Ahtisaari Plan, and welcome the framework it proposes to guide
Kosovo in the years ahead. We shall implement in full those
obligations including through priority adoption of the legislation
included in its Annex XII, particularly those that protect and
promote the rights of communities and their members.


4. We shall adopt as soon as possible a Constitution that enshrines
our commitment to respect the human rights and fundamental freedoms
of all our citizens, particularly as defined by the European
Convention on Human Rights. The Constitution shall incorporate all
relevant principles of the Ahtisaari Plan and be adopted through a
democratic and deliberative process.


5. We welcome the international community's continued support of our
democratic development through international presences established
in Kosovo on the basis of UN Security Council resolution 1244
(1999). We invite and welcome an international civilian presence to
supervise our implementation of the Ahtisaari Plan, and a European
Union-led rule of law mission. We also invite and welcome the North
Atlantic Treaty Organization to retain the leadership role of the
international military presence in Kosovo and to implement
responsibilities assigned to it under UN Security Council resolution
1244 (1999) and the Ahtisaari Plan, until such time as Kosovo
institutions are capable of assuming these responsibilities. We
shall cooperate fully with these presences to ensure Kosovo's future
peace, prosperity and stability.


6. For reasons of culture, geography and history, we believe our
future lies with the European family. We therefore declare our
intention to take all steps necessary to facilitate full membership
in the European Union as soon as feasible and implement the reforms
required for European and Euro-Atlantic integration.


7. We express our deep gratitude to the United Nations for the work
it has done to help us recover and rebuild from war and build
institutions of democracy. We are committed to working
constructively with the United Nations as it continues its work in
the period ahead.


8. With independence comes the duty of responsible membership in the
international community. We accept fully this duty and shall abide
by the principles of the United Nations Charter, the Helsinki Final
Act, other acts of the Organization on Security and Cooperation in
Europe, and the international legal obligations and principles of
international comity that mark the relations among states. Kosovo
shall have its international borders as set forth in Annex VIII of
the Ahtisaari Plan, and shall fully respect the sovereignty and
territorial integrity of all our neighbors. Kosovo shall also

refrain from the threat or use of force in any manner inconsistent
with the purposes of the United Nations.


9. We hereby undertake the international obligations of Kosovo,
including those concluded on our behalf by the United Nations
Interim Administration Mission in Kosovo (UNMIK) and treaty and
other obligations of the former Socialist Federal Republic of
Yugoslavia to which we are bound as a former constituent part,
including the Vienna Conventions on diplomatic and consular
relations. We shall cooperate fully with the International Criminal
Tribunal for the Former Yugoslavia. We intend to seek membership in
international organisations, in which Kosovo shall seek to
contribute to the pursuit of international peace and stability.


10. Kosovo declares its commitment to peace and stability in our
region of southeast Europe. Our independence brings to an end the
process of Yugoslavia's violent dissolution. While this process has
been a painful one, we shall work tirelessly to contribute to a
reconciliation that would allow southeast Europe to move beyond the
conflicts of our past and forge new links of regional cooperation.
We shall therefore work together with our neighbours to advance a
common European future.


11. We express, in particular, our desire to establish good
relations with all our neighbours, including the Republic of Serbia
with whom we have deep historical, commercial and social ties that
we seek to develop further in the near future. We shall continue our
efforts to contribute to relations of friendship and cooperation
with the Republic of Serbia, while promoting reconciliation among
our people.


12. We hereby affirm, clearly, specifically, and irrevocably, that
Kosovo shall be legally bound to comply with the provisions
contained in this Declaration, including, especially, the
obligations for it under the Ahtisaari Plan. In all of these
matters, we shall act consistent with principles of international
law and resolutions of the Security Council of the United Nations,
including resolution 1244 (1999). We declare publicly that all
states are entitled to rely upon this declaration, and appeal to
them to extend to us their support and friendship.

//END DECLARATION TEXT//

KAIDANOW