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