DEMARCHE REQUEST TO DPKO ON UNMIK/EULEX

UNCLAS STATE 110376

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL MOPS UNMIK UN KO SE
SUBJECT: DEMARCHE REQUEST TO DPKO ON UNMIK/EULEX
ARRANGEMENTS


1. (SBU)This message is sensitive but unclassified: please
protect accordingly.


2. (SBU) The Department requests that USUN demarche the
Department of Peacekeeping Operations and the Secretariat
at the highest appropriate levels expressing concern that
the so-called "six point talks" the Secretary-General's
Special Representative in Kosovo is conducting have not
been sufficiently transparent, are being used by Serbia to
attempt to compromise Kosovo's sovereignty, and hinder the
transfer of competencies from UNMIK to EULEX, undermining
security and stability in Kosovo. Additionally, progress
on the talks should not be linked to or made a
precondition by Belgrade for its cooperation with full
deployment of EULEX throughout Kosovo. USUN should also
use the opportunity to express our concern over the uneven
cooperation on the ground between UNMIK and EULEX, which
threatens the execution of an effective transition on
security and rule of law issues. USUN may draw on the
following points in engaging UN officials on this issue.
USUN may also coordinate this demarche with Quint partners
if it deems appropriate.

Background
--------------


3. (SBU) In his June 12 report to the Security Council on
the reconfiguration of UNMIK, UNSYG Ban noted his
intention to have his SRSG "facilitate dialogue between
Belgrade and Pristina on issues of practical concern."
Keying on a proposal from Belgrade, the SYG also set out
provisions in six areas (Police, Courts, Customs,
Transportation and Infrastructure, Boundaries and Serbian
Patrimony) that would "apply for a limited duration and
without prejudice to the status of Kosovo." The SYG noted
that the SRSG would consult on these with authorities in
Belgrade and Pristina and other relevant stakeholders.
While there may have been some rationale to exploring
opportunities for the UN's seeking flexibility from
Belgrade at that time, the Department now has strong
concerns that these "six-point talks" between the SRSG and
Belgrade have moved well beyond a simple dialogue.
Rather, they are being exploited by Belgrade to delay or
unacceptably reshape the EULEX mission, while pursuing
direct, bilateral negotiations with the UN on matters
directly affecting Kosovo's status. Moreover, neither the
Government of Kosovo, nor key stakeholders, including the
U.S., have been sufficiently informed of what is being
discussed between the UN and Belgrade.

Objectives
--------------


4. (SBU) Underscore our concern that the manner in which
DPKO and UNMIK engage Belgrade should not encourage
Belgrade to avoid or limit cooperation with EULEX by
seeking arrangements that would make permanent an
exclusive UNMIK role in Serb-majority areas. We encourage
a UN approach that supports the SYG's decision to
facilitate the EU assuming responsibility for rule of law
functions throughout Kosovo. UNMIK's interaction with the
ethnic Serb population of Kosovo should be consonant with
EULEX and ICO interaction with the ethnic Kosovar and Serb
populations. Partition needs to be avoided. Specifically
we should avoid allowing a separate Serb chain of command
in the police; guard against parallel institutions and
ensure a unitary customs regime that that is no less
favorable to Pristina than what it had prior to
independence. We are also concerned that the Kosovar
Albanians be consulted closely and that the Serb side
recognize that the Kosovars are part of the negotiating
formula.


5. (SBU) Underscore that Serbia's acceptance of the EULEX
mission and its assurances and active cooperation in
ensuring a permissive environment for full deployment
throughout Kosovo cannot be linked to the six-point
talks. Similarly, reconfiguration of UNMIK must not be
delayed or linked to the talks. Belgrade must immediately
cooperate on EULEX. Only after Belgrade creates a
permissive environment for EULEX to fully assume its
responsibilities, will UNMIK-Belgrade talks be
productive. We hope UN officials will convey this to
Belgrade. Press for clear UN messages to Belgrade that
Serbia's best interests are served by reconciling itself
to EULEX's full deployment and assumption of its full
mandate in all parts of Kosovo, as foreseen by the
Secretary General in his June report on UNMIK.


6. (SBU) Stress that we expect future talks be
carried out in a manner that is transparent to the
international community and to the Kosovars. Any
arrangements with Belgrade, without the concurrence of the
Government of Kosovo or other key stakeholders including
EULEX, inherently would not be status neutral, as they
would treat significant geographic parts and governmental
competencies of Kosovo as those of Serbia.


7. (SBU) Emphasize that the SYG's next
report on Kosovo should be released (it was due October 10).
Urge UNMIK to address the needs and to protect all of
Kosovo's communities through its reconfiguration. UNMIK
could begin now to deepen its practical cooperation with
EULEX in the north and the Serb enclaves in order to
prepare for an orderly transition. In this regard, we are
concerned that UNMIK has issued orders to its personnel
that actually block useful UNMIK-EULEX cooperation on the
ground. Co-location and joint activities, including in
the north and the Serb enclaves, could be an essential
element to a successful formula.
RICE