PRESIDENT TADIC PROTESTS "HISTORIC INJUSTICE" OF

UNCLAS SECTION 01 OF 04 USUN NEW YORK 000162

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL UNMIK YI UNSC
SUBJECT: PRESIDENT TADIC PROTESTS "HISTORIC INJUSTICE" OF
KOSOVO INDEPENDENCE BEFORE UNSC



1. (SBU) Summary. In a public meeting of the Security Council
on February 18, SYG Ban said the situation on the ground in
Kosovo remained calm following of the February 17 declaration
of independence. Ban said he would continue to view UNSCR
1244 as the basis for UNMIK's operations, but may be required
to make adjustments on the ground in reaction to changing
events. Serbian President Tadic protested the DI as a
violation of UNSCR 1244 and the sovereignty and territorial
integrity of Serbia, calling it "an historic injustice" and
declaring that Serbia will never recognize Kosovo. Tadic
charged that recognition of Kosovo by EU countries on the
Security Council was "not a friendly act" and "not helping
Serbia's European future." In national statements, the U.S.,
UK and France said that they had already recognized Kosovo,
and Belgium and Italy expressed intent to recognize. Costa
Rica surprised Council members ny announcing an intent to
recognize Kosovo. Russia vowed to continue to recognize
Serbia as including Kosovo. South Africa, China, Indonesia
and Vietnam all either expressed opposition to or significant
concerns regarding Kosovo's DI. Libya and Panama understood
Kosovo's independence is a reality but insisted it should not
be a precedent. Burkina Faso voiced regret that a compromise
solution had not been possible. End Summary.


2. (SBU) In a public, televised emergency session on February
18, the Security Council considered Kosovo's December 17
declaration of independence. Secretary-General Ban Ki-moon
briefed, Serbian President Tadic spoke, and each Council
member intervened. Sixty-one UN member states observed the
session. UN undersecretaries Jean-Marie Guehenno
(Peacekeeping Operations) and Lynn Pascoe (Political Affairs)
also attended. The Secretary's Special Representative for
Kosovo, Ambassador Frank Wisner, joined the U.S. delegation.


SYG Ban Remains Solid With A Cautious, Factual Message
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3. (SBU) In a briefing that largely reiterated points he had
made in a February 17 closed session of the Council, SYG Ban
stated that on February 17 Kosovo authorities had issued a
declaration of independence (DI) following a resolution
passed by the Kosovo Assembly by a unanimous vote of 109
deputies, with 10 ethnic Serb deputies not participating.
Ban reported that the post-DI situation in Kosovo was calm
with peaceful celebrations by Kosovo Albanians and peaceful
protests by Serbs in North Mitrovica. He noted there had
been several explosions in the northern Kosovo, but no
casualties. Ban informed the Council that he had received a
letter from President Tadic saying Kosovo's DI will have no
legal effect and said he "took note" of a letter from the
EU's Solana informing him of the EU's decision to deploy the
"EULEX" rule of law mission and to appoint an EU special
representative.


4. (SBU) Ban said Kosovo's DI could have a significant
operational effect on UNMIK and there might accordingly be a
need to "adjust" UNMIK, pending Security Council guidance.
He said he would continue to view UNSCR 1244 as the basis for
UNMIK's operations pending any other guidance from the
Council. He said he will act realistically and concretely
and be ready to react to the situation on the ground in
keeping with UNMIK's past practice and the UN's overriding
objective of upholding peace and security in the region.

President Tadic Protests Kosovo's "Illegal Declaration"
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5. (SBU) In an emotional address in Serbian, President Tadic
denounced Kosovo's "illegal declaration of independence" as a
"flagrant violation of 1244." He reminded all that Serbia is
a founding member-state of the UN and charged that if "a
small, peace-loving and democratic country can be deprived of
its territory illegally and against its will, historic
injustice will have occurred." He declared that the Serbian
state had been born in Kosovo and is "a central part of our
identity." He insisted that Kosovo's DI "annuls
international law, tramples upon justice and enthrones
injustice." Some point to Milosevic's actions as the reason
Serbia must lose Kosovo, Tadic said, but Milosevic has been
gone for years and Kosovo was not granted independence in
1999 when Milosevic was still in power. He alleged that for
eight years UNMIK had done nothing to help Serbs in Kosovo
and that if the DI is allowed to stand, the Security Council

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will lose all authority. He asked that the Council and Ban
instruct SRSG Rucker to void Kosovo's DI and dissolve the
Kosovo Assembly and said Serbia is taking its own diplomatic
and political measures to prevent the secession of Kosovo.
He pledged, however, that Serbia will not respond violently.
Serbia will never recognize Kosovo and that Kosovo will stay
part of Serbia forever, he said.


6. (SBU) Taking the floor a second time after member states
had intervened, Tadic warned that other Council members could
suffer Serbia's fate and pledged to defend "all small
countries whose sovereignty and territorial integrity are
threatened." He said the Ahtisaari Plan would rob Kosovo of
part of its identity and had no legitimacy, especially in
parts of Kosovo with majority Serb populations. He claimed
he had extended apologies to all Balkan countries, but was
still waiting for apologies for crimes committed against
Serbia. He argued that "each state that recognizes Kosovo
legalizes the expulsion of Serbs from their homes." Looking
in the direction of Croatian Permrep Jurica, Tadic said
"Croatia is a member of the Security Council," and asked that
all members work to "help integrate the Balkans and not
create new conflicts." He also wanted EU members to know
that their recognition of Kosovo was "not a friendly act" and
they were "not helping the European future of Serbia, but
destabilizing the whole region."

Russia: Will Continue To Recognize Kosovo "Within
Internationally Recognized Borders"
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7. (SBU) Russian Permrep Churkin said he understood the
reaction of Serbia and supports Belgrade's "legitimate demand
to restore the territorial integrity of the country." He
said Russia will continue to recognize Serbia within its
"internationally recognized borders" and that Kosovo,s DI
violated Serbia's territorial integrity, the UN charter,
UNSCR 1244, the Helsinki Final Act and the constitutional
framework agreement. He said the SYG and SRSG should
continue to carry out functions assigned in line with UNSCR
1244, including standards implementation. He called for the
situation in Kosovo to be returned to the pre-DI status quo
and voiced concern for Kosovo's ethnic Serbian
municipalities. He said Russia will consider it unlawful for
the international presences in Kosovo to carry out
"repressive measures" against non-Albanians who do not accept
the DI, also warning Kosovo authorities against such
measures. Churkin alleged that the EU's deployment decision
is not in line with 1244 and that the EU mission cannot be
part of the international civil presence in Kosovo under
UNSCR 1244. He warned that the DI and those who support it
are creating a dangerous precedent.

China, Indonesia, Vietnam and South Africa Join Russia In
Hard-core Opposition To DI
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8. (SBU) Chinese Permrep Wang expressed support for the
Serbian and Russian requests for an emergency session. Wang
stated that China is concerned by Kosovo's DI and has always
believed that dialogue is the best solution and opposed
unilateral acts. He said UNSCR 1244 remains the basis for
the Kosovo question and stressed that the UN Charter says the
sovereignty and territorial integrity of UN members must be
preserved. He called on all parties to soberly assess the
potential impact of Kosovo's DI and called on the Security
Council and international community to encourage Kosovo and
Serbia to continue discussion.


9. (SBU) Indonesian Permrep Natalegawa said that the
developments in Kosovo are of profound concern. He said
Indonesia is "mindful of the uniqueness of Kosovo," realizes
it was profoundly affected by the breakup of Yugoslavia," and
shares the suffering of the Kosovar people. However, he
insisted, anyone could argue their case is unique, thus
Indonesia steadfastly calls for dialogue as the solution to
all conflicts. He noted that Indonesia understands the view
that Kosovo's status quo is not sustainable, but does not
believe all avenues have been exhausted. At a minimum, he
said, the Council should continue to monitor closely the
situation in Kosovo and transmit a message calling for
restraint.


10. (SBU) Vietnamese Permrep Minh reminded the Council that

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Vietnam has consistently supported a solution in line with
international law and UNSCR 1244 and called for dialogue. He
argued that many UN member states and Security Council
members consider Kosovo's DI counter to UNSCR 1244.


11. (SBU) South African Permrep Kumalo expressed full support
for President Tadic,s presentation. He said South Africa
does not accept that negotiations cannot lead to an amicable
conclusion. He said that South Africa -- as a member of the
UN, NAM and AU -- respects the sovereignty and territorial
integrity of states. He concluded by saying that South
Africa will study the political and legal implications of
Kosovo's DI and remain seized of the matter.

Costa Rica Joins Pro-Independence Bloc
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12. (SBU) Belgian Permrep Verbeke told the Council that the
parties' positions are irreconcilable and a negotiated
solution could not be found after a long process, reminding
all that the status quo was not tenable. He said Belgium
intends to recognize and legal procedures are already under
way. He concluded that Kosovo's independence is now a
reality.


13. (SBU) Italian Deputy Permrep Mantovani underscored that
Kosovo's DI was not a surprise and there is no reason to
believe a few more months or even years of negotiations would
have led to a mutually-acceptable agreement. He stated that
clarity is needed on status and the Ahtisaari Plan is the
only way to proceed, short of agreement between the parties.
Mantovani stated that Italy intends to swiftly recognize.


14. (SBU) UK Permrep Sawers informed the Council that the UK
had already recognized Kosovo. He said Serbia had already
deprived Kosovo of most of its powers in 1999 and that Serbia
had not just stripped away Kosovo's autonomy, but tried to
expel its entire Albanian population. Sawers stated that
when Serbia changed its constitution to stipulate that Kosovo
must always remain in Serbia, it removed any chance of a
negotiated settlement.


15. (SBU) Costa Rican Permrep Urbina stated his country had
looked carefully at arguments for and against recognizing
Kosovo and will recognize. Costa Rica is convinced that
recognition is in line with UNSC 1244 and believes peace and
security are better served through a two-state solution.
Urbina said Costa Rica does not want Kosovo to be a
precedent.


16. (SBU) Croatian Permrep Jurica stated that Kosovo cannot
be viewed in isolation of the history of the Balkan region,
saying it was always a sui generis case, requiring a unique
solution. He also noted Kosovo's pledge to implement the
Ahtisaari Plan and protect minorities. Calling recognition a
sovereign national decision, Jurica announced that Croatia
will proceed in recognizing Kosovo "in accordance with the
Croatian constitution and following a thorough analysis of
all relevant facts." He continued that a European
perspective will be best for peace in Kosovo. He concluded
by saying Croatia wants to live peacefully with its neighbors.


17. (SBU) Ambassador Khalilzad stated that the U.S. had
recognized a sovereign Kosovo earlier in the day and welcomed
it to the family of nations. He framed the Kosovo issue in a
historical context as the last chapter in the non-consensual
breakup of Yugoslavia. Extensive negotiations had failed, he
said, and UNMIK had exhausted its potential, thus Kosovo's
independence was a logical, reasonable and legal response. He
called the Ahtisaari Plan the only way forward, reminding all
that the Security Council remains blocked. Rebutting legal
concerns, Khalilzad said Kosovo's independence is not a
violation of 1244, which did not pre-ordain a solution and
recognized Kosovo as a special case in light of its unique
history. Looking to the future, he said the time for scoring
political points is over and all states should accept the new
reality and help Southern Europe to move forward. Khalilzad
offered U.S. support to President Tadic and encouraged all
states to advocate normalization of Pristina-Belgrade
relations.


18. (SBU) French Permrep Ripert announced that President
Sarkozy had recognized Kosovo earlier in the day. He said
the EU will assume its responsibilities and the EU's presence

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will assist Kosovo in implementation of the Ahtisaari Plan.
He pointed to Tadic's re-election as a sign that the Serbian
people want a European future.

Members Still Struggling With Recognition Question: Libya,
Burkina Faso and Panama
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19. (SBU) Libyan Permrep Ettalhi expressed hope that Kosovo's
independence will not lead to a return of Balkan problems of
the 1990,s. He said the Kosovo problem resulted from a lack
of respect of the rights of minorities. He welcomed Tadic's
pledge of non-violence and Kosovo's pledge to implement the
Ahtisaari Plan. He said Libya is committed to the
sovereignty and territorial integrity of member states and
that Kosovo is not a precedent.


20. (SBU) Burkina Faso's Permrep Kafando stated that a
compromise solution would have been a victory for the
international community. He also expressed regret that Serbs
and Kosovars could not overcome their differences and he
called for non-violence.


21. (SBU) Speaking in his national capacity, Panamanian
Permrep Arias said that Kosovo's DI is now a reality. He
called for the precedence of peaceful co-existence over
political and geographic interests and said Kosovo should not
be a precedent. He appealed to the majority of EU countries
that recognized Kosovo to ensure the prompt entry of both
Kosovo and Serbia into EU.
KHALILZAD