UNSC WELCOMES EULEX ROLL-OUT, DIVIDED ON UNMIK'S

UNCLAS USUN NEW YORK 000331

C O R R E C T E D COPY (PARAS RENUMBERED)
SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV KPKO SR KO
SUBJECT: UNSC WELCOMES EULEX ROLL-OUT, DIVIDED ON UNMIK'S
RESIDUAL ROLE

1. (SBU) SUMMARY. UNMIK SRSG Zannier told the Security
Council on March 23 that the successful deployment of EULEX
had allowed UNMIK to step up its reconfiguration. Serbian
President Tadic and Kosovo FM Hyseni both spoke with approval

of the EULEX deployment but did so for polar opposite
reasons. Tadic believes EULEX should "completely anchor its
presence in Kosovo under the authority of the UN," and
Resolution 1244. Hyseni saw EULEX as the culmination of
UNMIK's reconfiguration that set the stage for its
conclusion. Council members that have not recognized Kosovo
(Russia, China, Libya, Mexico, Uganda, Vietnam) all called
for a continued robust role for the reconfigured UNMIK as the
ultimate authority in Kosovo. The Council's nine recognizing
members -- led by the U.S., UK, and France -- urged UNMIK to
continue to downsize as EULEX reached full operational
capacity. Most participants expressed concern about the lack
of rule of law in Kosovo's north. Triggered by Tadic's
reference to the March 24 tenth anniversary of the NATO
bombing of Yugoslavia, Tadic and Hyseni engaged in a polemic
back-and-forth on recent Balkans history. END SUMMARY.

Zannier: UNMIK Downsizing Continues
--------------


2. (SBU) UNMIK SRSG Lamberto Zannier briefed Security Council
members on March 23 on the situation in Kosovo during the
period November 1, 2008 through March 9, 2009. The highlight
was clearly the deployment of the European Union Rule of Law
Mission, EULEX, commencing on December 9, 2008. As of March
9, Zannier reported, the UNMIK police contingent consisted of
49 officers, down from 1,288 last December, and "there are no
longer UNMIK judges or prosecutors exercising functions in
Kosovo courts." Zannier said the situation in Kosovo
remained generally peaceful, notwithstanding a recent spike
in incidents involving use of firearms and explosives in and
around north Mitrovica. Zannier said that "much remains to
be done," particularly regarding return of IDPs, accounting
of missing persons, provision of electric power, and the
functioning of the justice system in Kosovo's north. He said
the "centerpiece" of UNMIK's reconfigured role will be
consultations with stakeholders on matters including cultural
and religious heritage sites, as well as efforts to encourage
dialogue between the parties. (COMMENT. Zannier
conspicuously avoided mention of the six-point dialogue in
his presentation. END COMMENT.)


Tadic Comes Out Swinging ...
--------------


3. (SBU) Speaking in Serbian, Serbian President Boris Tadic
began his intervention by noting the March 24 tenth
anniversary of the start of the 1999 NATO bombing campaign
against the former Yugoslavia and focusing on the damage to
Serbia, listing the numbers of airstrikes, civilian
casualities, damaged buildings, destroyed bridges, as well as
the departure of more than 200,000 Serbs from Kosovo. He
said Serbs in Kosovo live today without security, freedom of
movement, rule of law, electricity or water, calling them
the, "most endangered community in all of Europe." Tadic
alleged that scant protection for human rights and widespread
criminal trafficking of humans, weapons and narcotics prove
that Kosovo is not a functioning state, and he called upon
EULEX and UNMIK to discharge their mandates in full as Kosovo
authorities. He emphasized that EULEX should, "completely
anchor its presence in Kosovo under the authority of the UN,
in conformity with the full respect of Resolution 1244." He
said Serbia supports new negotiations on Kosovo's future
status and called on UN member states to respect the
International Court of Justice's upcoming decision on
Kosovo's declaration of independence. He called for
continuation of the six-point dialogue on practical issues
with UNMIK facilitation and argued against any reduction in
UNMIK's budget.

With Assist From Russia
--------------


4. (SBU) Russian Permrep Churkin echoed Tadic's emphasis on
the 1999 NATO bombardment, alleging that Russia had put a
stop to the NATO assault by guiding resolution 1244 through
the Security Council. Churkin noted that it was also the
fifth anniversary of the anti-Serbian "pogrom" in Kosovo
which he alleged was intended to eradicate Serbia's cultural
and religious heritage in Kosovo. He called Kosovo a
quasi-state where lawlessness and crime flourish,
unemployment is high and the economy is in shambles. He
noted the decrease in the return of Kosovo-Serb refugees and
alleged a lack of basic security for Serb minorities.
Churkin called upon a resumption of dialogue on the six
points between the UN and Serbia, and asked UNMIK to retain
its administrative and political functions. He further

criticized EULEX for failing to note in its first report that
it would be operating on a status-neutral basis.


Kosovo FM Hyseni Focuses on Kosovo's Success
--------------


5. (SBU) Speaking in English, Kosovo Foreign Minister Skender
Hyseni said, "We have very much welcomed the EULEX deployment
and as EULEX achieves full operational capability, for very
practical and pragmatic reasons, we request the conclusion of
the mission and the mandate of UNMIK." Hyseni lauded
Kosovo's ongoing institution building, including the
establishment of a foreign service and diplomatic missions,
national security council, intelligence service, as well as
the multi-ethnic Kosovo Security Force to focus on emergency
response and regional stability. He accused Serbia of
fueling lawlessness and unrest in Kosovo's Serb-dominant
north. Hyseni emphasized that Kosovo plans on working
closely with the EU and other international parties and is
ready to engage in state-to-state talks with Serbia to help
normalize relations.
UK/U.S. Nudge UNMIK To Exit, Correct Historical Record
--------------


6. (SBU) UK Deputy PermRep Pierce protested Serbian President
Tadic's version of NATO's 1999 campaign, stating that NATO
action was required to avoid an overwhelming humanitarian
problem. She went on to list several positive developments
in Kosovo, including establishment of a legal and
administrative apparatus, transfer of more powers to local
municipalities, EULEX's mentoring and monitoring role of the
judiciary and customs, establishment of a Kosovo security
force, as well as Kosovars full involvement in the protection
of cultural sites. Pierce stated that, "Kosovo independence
is a fact," and the UK wants Kosovo and Serbia to enter the
European Union on equal footing.


7. (SBU) Ambassador DiCarlo also lauded Kosovo's efforts to
expand its institutional framework and pass laws to put
exemplary constitutional principals into practice. She
expressed support for EULEX's role in Kosovo and underlined
that the US encourages efforts to reduce UNMIK's footprint.
In response to Tadic's criticism of the NATO campaign in
1999, Ambassador DiCarlo pointed to the International
Criminal Tribunal's recent 2,900 page decision that stated
the Government of Yugoslavia clearly engaged in a systematic
state policy of forcing ethnic Albanians out of Kosovo by the
hundreds of thousands. Ambassador DiCarlo emphasized that
Serbia cannot overcome this legacy by simply ignoring it.
Seconded by the UK and Turkey, Dicarlo declared Kosovo's
independence to be "irreversible."

Members Agree on Progress,
Vary on UNMIK's Future Role
--------------


8. (SBU) Other Council members recognized Kosovo's progress
towards peace and stability, while expressing concern over a
recent spike in ethnic tensions. European members of the
Council expressed strong support for EULEX and commended the
smooth transition of the rule-of-law, judicial, and customs
functions from UNMIK. Turkey, Burkino Faso, Japan, and
Coasta Rica welcomed EULEX's deployment, with Burkino Faso
emphasizing need for economic progress and freedom of
movement, and Coasta Rica citing the uptick in violence as a
"painful trend" that Kosovo needs to address. Japan focused
on its donation of USD $200 million towards providing human
security in Kosovo and noted that the Council must "consider
carefully UNMIK's size in the future." Japan also suggested
that the six-point dialogue might continue between the
parties directly. Uganda praised the cooperation between
EULEX and UNMIK, but expressed concern over new Kosovo laws
that restrict UNMIK's authority. Mexico stated it believes
it essential that
the Security Council continue to support UNMIK while working
to strengthen the mechanisms it uses to settle disputes
between parties. China and Vietnam focused on a continuing
robust role for UNMIK, with China calling for a technical
reconfiguration that does not affect Kosovo's status or
compromise UNMIK's neutrality. Vietnam stated that UNMIK
should continue engagement and should work towards progress
on the six points. Libya also expressed support for a
continuing UNMIK role, particularly by encouraging dialogue
with all parties.

Serbia Reiterates Complaints About Past,
Kosovo Focuses on the Future
--------------


9. (SBU) The session ended with more finger-pointing by

Tadic and focused rebuttals by Hyseni. Tadic claimed that
200,000 Kosovo Serbs had yet to return home; Hyseni disputed
his figures. Tadic protested EULEX's restrictions on UNMIK's
participation in meetings, as well as Kosovo's refusal to
allow the Mayor of Belgrade to deliver humanitarian aid to
ethnic Serb villages. Tadic called the new Kosovo Security
Force a "paramilitary organization" that presents a challenge
to stability. Hyseni responded by stating that mechanisms
exist to address grievances of Serbs in Kosovo, but that
Belgrade must release Kosovo Serbs to take part in Kosovo
institutions and that Belgrade's leadership must, "talk with
us on equal footing."
Wolff