Identifier
Created
Classification
Origin
09STATE63696
2009-06-19 13:21:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Secretary of State
Cable title:  

INSTRUCTION ON KOSOVO WORLD HERITAGE SITE, 33RD

Tags:  IO PREL UNESCO KV 
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TO RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000
RUEHFR/USMISSION UNESCO PARIS IMMEDIATE 0000
INFO RUEHBW/AMEMBASSY BELGRADE PRIORITY 0000
RUEHRL/AMEMBASSY BERLIN PRIORITY 0000
RUEHLO/AMEMBASSY LONDON PRIORITY 0000
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0000
RUEHPS/AMEMBASSY PRISTINA PRIORITY 0000
RUEHRO/AMEMBASSY ROME PRIORITY 0000
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0000
UNCLAS STATE 063696 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: IO PREL UNESCO KV
SUBJECT: INSTRUCTION ON KOSOVO WORLD HERITAGE SITE, 33RD
SESSION OF THE WORLD HERITAGE COMMITTEE

UNCLAS STATE 063696

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: IO PREL UNESCO KV
SUBJECT: INSTRUCTION ON KOSOVO WORLD HERITAGE SITE, 33RD
SESSION OF THE WORLD HERITAGE COMMITTEE


1. (U) Mission is instructed to take action as follows
regarding World Heritage Committee Agenda Item 7A - Addendum
- Medieval Monuments in Kosovo (Serbia) (C724 bis).


2. (U) During the 33rd session of the World Heritage
Committee meeting in Seville, Spain, from June 22-30, 2009,
Mission is instructed to join consensus on Item 7A - Addendum
- Medieval Monuments in Kosovo (Serbia) (C 724 bis) using the
following Explanation of Position:

--In light of Decision 32 COM 7A.27 taken by the 32nd
Session of the World Heritage Committee, the United States
wishes to make a statement about the draft decision and the
accompanying report on the Medieval Monuments in Kosovo
(WHC-09/33.COm/7A.Add).

--Specifically, our concern involves inclusion of the
term "Serbia" in the title or text of this declaration.
Using the name "Serbia" in this context is inconsistent with
the "status-neutral framework of the United Nations" with
respect to Kosovo that the UN Secretary-General has
reiterated as recently as two weeks ago. We are aware of no
legal requirement to associate the name of a State Party with
the name of a site; if the Committee nonetheless desires to
do so, a factual and status neutral formulation would be:
"(site proposed by Serbia and Montenegro)."

--Moreover, Serbia is in practice unable to take actions
to preserve the sites called for under the World Heritage
Convention, contrary to the implication of including its name
in the title of the resolution, or of the reference in the
accompanying report to "short-term corrective measures to be
taken by the State Party...". By contrast, although it is
not yet a party to the Convention, Kosovo has in fact taken
significant and effective action to protect and preserve the
referenced sites and others in Kosovo.

--In addition to the preceding comments, the United
States considers a number of the descriptions and references
in the report accompanying the resolution, Document
WHC-09/33.COM/7A, to be inaccurate or objectionable. These
concerns, along with those just mentioned, will be reflected
in a statement to be provided to the Chair. We ask that this
statement be included in the written record of proceedings.

--My government has been actively engaged in and remains

committed to efforts to preserve and reconstruct Serbian
Orthodox churches and monasteries in Kosovo, as well as other
important cultural sites. The United States has been a
strong supporter of the Reconstruction Implementation
Commission, created to direct the reconstruction of 35
Serbian Orthodox religious sites destroyed in the March 2004
riots, and has frequently advocated on behalf of this
process.

--The U.S. government has also donated $1 million to
UNESCO for the restoration and preservation of several
cultural heritage sites in Kosovo, including four Serbian
Orthodox sites. In addition to overall preservation efforts,
the U.S. Embassy in Pristina has directly funded almost
$100,000 in two additional projects, one to repair the Church
of St. Nicholas (Tutic) in Prizren, augmenting a project
undertaken by the Council of Europe, and a second to rebuild
the iconostasis of the Church of St. Nicolas in Pristina.


3. (U) Mission is instructed to provide the following text,
which incorporates the preceding points above as well as
additional detail, as a written statement.

--In light of Decision 32 COM 7A.27 taken by the 32nd
Session of the World Heritage Committee, the United States
wishes to make a statement about the draft decision and the
accompanying report on the Medieval Monuments in Kosovo
(WHC-09/33.COm/7A.Add).

--As we noted during the 32nd Session of the World
Heritage Committee in July 2008, we do not believe that draft
declarations of this nature must or should express a position
with respect to whether a given "State Party" should be
linked to a site when there is a significant and manifest
dispute about sovereignty over a particular region.

--Specifically, our concern involves any inclusion of
the term "Serbia" in the title or text of this declaration.
Even if the World Heritage Committee is reluctant to use the
name Kosovo as the State Party, in light of the fact that
Kosovo is not yet universally recognized and is not a party
to the World Heritage Convention, using the name Serbia in
this context is inconsistent with the "status-neutral
framework of the United Nations" with respect to Kosovo that
the UN Secretary-General enunciated in June 2008 and has
reiterated since, including most recently in the Secretary
General's report of June 10, 2009 (S/2009/300). We are not
aware of any legal requirement to associate any State Party
name with the name of a site, despite World Heritage
Committee practice of doing so, and to the extent it is
necessary to reflect in the title the name of the state that
proposed a site, we reiterate our view that a factual,
preferable and more status-neutral solution would be "(site
proposed by Serbia and Montenegro)."

--Additionally, Serbia does not have the authority or
practical ability to take certain actions to preserve the
sites called for under the World Heritage Convention that are
implied by including its name in the title of the resolution,
or by the reference in the accompanying report to "short-term
corrective measures to be taken by the State Party...", such
as putting in place appropriate guarding and security
arrangements for the Church of the Virgin of Ljevisa. By
contrast, Kosovo has taken several actions to protect and
preserve these sites. Kosovo's constitution and legislation
to implement the Ahtisaari Plan provide legal protection for
the sites, including the creation of Special Protective Zones
which strictly regulate development in areas surrounding
them. Kosovo Police and NATO's KFOR, with support from the EU
Rule of Law Mission as needed, provide security for these
sites.

--The United States has been actively engaged in and
remains committed to efforts to preserve and reconstruct
Serbian Orthodox churches and monasteries in Kosovo, as well
as other important cultural sites. The Reconstruction
Implementation Commission, or RIC, was created to direct the
reconstruction of 35 Serbian Orthodox religious sites
destroyed in the March 2004 riots. The United States has been
a strong supporter of the RIC and has frequently advocated on
behalf of this process. Additionally, the United States has
been a strong ally of the Religious and Cultural Heritage
Forum supported by the International Civilian Office.

--The U.S. government has donated $1 million to UNESCO
for the restoration and preservation of several cultural
heritage sites in Kosovo, including four Serbian Orthodox
sites: the Church of the Presentation of the Virgin in
Lipljan, the St. Sava church in Mitrovica, the Church of St.
Archangel Michael in Stimlje, and the Budisavci Monastery in
Klina. Work is under way on these projects. In addition to
overall preservation efforts, the US Embassy in Pristina has
directly funded almost $100,000 in two additional projects,
one to repair the Church of St. Nicholas (Tutic) in Prizren,
augmenting a project undertaken by the Council of Europe, and
a second to rebuild the iconostasis of the Church of St.
Nicolas in Pristina.

--Having examined Document WHC-09/33.COM/7A, the United
States also wishes to register its objection to a number of
the descriptions and references in that report, including:

--Under the heading "Threats for which the property
was inscribed on the List of World Heritage in Danger": the
terms "Lack of legal status" and "lack of legislative
protection of buffer zones" disregard the constitutional and
legislative actions of the Government of Kosovo to preserve
and protect cultural and religious heritage in Kosovo. A more
status-neutral description - accepting of the fact that
Kosovo's statehood is not yet universally recognized and that
Kosovo has accordingly not yet been able to become a party to
the World Heritage Convention - would be to say that there is
"dispute over" legal status and legislative protection,
rather than "lack of."

--Under the headings "Desired state of conservation
for the removal of the property from the List of World
Heritage in Danger" and "Corrective measures identified": It
is the understanding of the United States that NATO's KFOR
and the Republic of Kosovo, with support from the EU Rule of
Law Mission, as needed, provides full protection of the
property, and thus that appropriate guarding and security
arrangements for the Church of the Virgin of Ljevisa, as with
other sites, are already in place on an enduring basis.
Additionally, the Government of Kosovo has provided for the
legal protection of boundaries and Special Protective Zones.

--Under the heading "Timeframe for the
implementation of the corrective measures": The references
to the 'Provisional Institutions of Self-Government of
Kosovo' are out of date following the declaration of
independence of February 17, 2008, and the subsequent
recognitions of Kosovo's independence by 60 countries
worldwide, including seven on this Committee. To illustrate
one status-neutral alternative, recent reports by the UN
Secretary-General have referred to "Kosovo's authorities" or
"Kosovo's institutions." Furthermore, the juxtaposition of
"State Party" with "Provisional Institutions of
Self-Government of Kosovo" implies a judgment on status and
sovereignty that is inconsistent with the status-neutral
framework of the United Nations.

--Under the heading "Current conservation issues,"
the United States agrees with the position conveyed in the
"Note" that Security Council Resolution 1244 (1999) continues
to apply in Kosovo, but notes that the Resolution continues
to apply regardless of whether or not a "final settlement"
has been achieved, a matter that is subject to differing
interpretations.

End written statement.


4. (SBU) Mission should immediately consult those permanent
delegations to UNESCO that both are members of the World
Heritage Committee and have recognized the independence of
Kosovo to determine their views on this item. In particular,
Canada has expressed interest in coordinating its approach
with ours. In addition to the United States, the following
members of the World Heritage Committee have recognized the
independence of Kosovo: Australia, Bahrain, Canada, Peru,
South Korea, and Sweden. Mission should also consult with
Mauritius and Jordan, which are believed to be considering
recognizing Kosovo, and Israel, which could potentially be
persuaded to approach the issue pragmatically despite not
having recognized Kosovo. Mission should inquire if these
delegations will support the U.S. Explanation of Position
above either by making a similar statement during plenary
session or by voicing support for the U.S. statement during
plenary session.


5. (U) Point of contact for this action is IO/UNESCO, Laura
Gritz, email: GritzLJ@state.gov, phone: 202-663-0025.
CLINTON