UNMIK: TADIC AND HYSENI SPAR ON KOSOVO DURING

UNCLAS SECTION 01 OF 03 USUN NEW YORK 000047

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PHUM KPKO UNMIK SR KV
SUBJECT: UNMIK: TADIC AND HYSENI SPAR ON KOSOVO DURING
QUARTERLY UNSC DEBATE

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1. SUMMARY. Kosovo SRSG Lamberto Zannier told the Security
Council during a January 22 quarterly debate that the
security situation remained stable, but fragile, in
northern Kosovo due to politicization of issues such as
municipalelections and energy delivery. Serbian President
Boris Tadic called for dialogue on political differences
after an ICJ advisory opinion requested by the General
Assembly on Kosovo's unilateral declaration of independence
is issued (UDI),Tadic emphasized that Serbia would never
recognize Kosovo. Kosovo Foreign Minister Skender Hyseni
welcomed dialogue with Serbia, but emphasized that Kosovo's
independence was irreversible and that reopening status
discussions would destabilize the region. The U.S., UK,
Austria and France called on Serbia not to interfere with
Kosovo institutions. New Security Council members Gabon and
Brazil made clear that they would not recognize Kosovo's
UDI, and would look to the ICJ opinion to guide the way
forward. Nigeria and Lebanon were more measured in their
comments, while Bosnia and Herzegovina avoided political
issues, focusing instead on technical aspects of the SYG's
report. Russia, China, Japan and other Council members
reiterated previously stated positions. END SUMMARY.

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SRSG ZANNIER CITES STABLE BUT FRAGILE ENVIRONMENT
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2. The Special Representative of the Secretary-General
(SRSG) for Kosovo, Lamberto Zannier, delivered his
quarterly report on the UN Interim Administration in Kosovo
(UNMIK) during a January 22 debate. Zannier said UNMIK
continued to play a valuable role in Kosovo promoting
security, stability and respect for human rights. He noted
that Kosovo's municipal elections, in which UNMIK played no
role, were conducted peacefully and in an orderly manner.
He added that while northern Kosovo Serbs did not
participate in the elections in large numbers, Serbs south
of the Ibar river participated in greater numbers than in
the past, and had elected mayors and municipal governments
which would allow them to play a "meaningful role in local
administration" and would "increase the climate of
reconciliation".


3. Zannier said northern Kosovo remained a flashpoint, and
the security situation was tenuous, citing political,
technical and legal disagreements about control of energy
distribution as an example. The appointment by Serbian
authorities of Serbian judges to the multi-ethnic courts in
Mitrovica had led the Kosovo authorities to call for their
dismantlement. The UN Administration in Mitrovica, he said,
played an important facilitation role in northern Kosovo.
Zannier recalled the low level of returns to Kosovo in
absolute terms, and said it was due to a variety of
factors, including the absence of economic prospects for
returnees and concerns about freedom of movement and
security. Zannier said Kosovo authorities had expressed an
openness to returns, but that more needed to be done. He
called on Belgrade to reopen offices for the Kosovo Property
Agency in Serbia. On the protection of cultural heritage,
Zannier said UNMIK was ready to assist the efforts of an EU
envoy.

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TADIC CALLS KOSOVO INSTITUTIONS ILLEGITIMATE
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4. Serbian President Tadic framed his remarks by recalling
the General Assembly's request for an Advisory Opinion from
the International Court of Justice (ICJ) on whether
Kosovo's UDI was in accordance with international law. He
said the ICJ opinion would be a "landmark case," and an
opportunity to "find a way forward," which he suggested
would need to involve negotiations on "all outstanding
political differences." Referring to parallel
Serbian structures in Kosovo, Tadic said the Serbian
institutions were actually the legitimate ones, since they
operated "under the overall authority of the UN." On the
other hand, he said, the Kosovo institutions were not
legitimate since they operated on the basis of Kosovo's
UDI. Tadic likewise called Kosovo's recent municipal
election "illegitimate" because "the SRSG did not call
it, the OSCE did not monitor it, and the UN did not certify
it." Tadic called for a "functional decentralization"
that would be "acceptable to all stakeholders," and
suggested that an organization such as the OSCE could
create a "legitimate" decentralization package. Tadic
said Serbia was open to the participation of Kosovo
officials in regional fora, but only in the
presence of UNMIK officials, who needed to speak first.


5. On the judiciary, Tadic cited differences over

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territorial jurisdiction of the court in Mitrovica, the
ethnicity of judges and prosecutors, and the
applicability of UNMIK law. On customs, he said differences
remained over how revenues would be used to "benefit
relevant communities." He defended Serbia's decision to
provide electricity to northern Kosovo homes as averting a
"humanitarian catastrophe." Tadic welcomed an EU facilitator
to help resolve disputes over the protection of Serbian
cultural heritage in Kosovo and expressed concerns about the
transfer of responsibility for protection of some
religious sites from KFOR to Kosovo authorities. He
referred to the strategy document for northern Kosovo being
prepared by the International Civilian Office (ICO) as a
"final solution", and said its authors were playing into
the hands of extremists who wanted to destabilize Kosovo.
Tadic portrayed the recent refusal by Kosovo authorities
to allow Serbian Minister for Kosovo Goran Bogdanovich
to enter the country as a provocative act and a "denial
of basic human rights."

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HYSENI TAKES A HIGHER ROAD
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6. Kosovo Foreign Minister Skender Hyseni focused on the
progress that had been achieved in Kosovo in recent
months. Hyseni said that 65 states had recognized Kosovo,
and that the country had established diplomatic relations
with 25 states. He listed bilateral treaties and
agreements that Kosovo had entered into with its neighbors
and reviewed the results of recent municipal elections and
decentralization processes, citing statements
by international observers that they had been orderly,
democratic, and encouraging signs of the possibility for
reconciliation. Hyseni said Kosovo placed its "full
trust" in the ICJ to rule that Kosovo's UDI had not
contravened a international law.


7. Hyseni said the security situation in Kosovo was stable,
but he accused Serbia of undermining the ongoing
decentralization process by nominating Serbian judges and
prosecutors for courts in Kosovo. He also noted that Kosovo
institutions had been cooperating with the EULEX rule of
law mission to combat crime and corruption. Hyseni
affirmed that Kosovo independence was irreversible, and
said that opening new status negotiations as Tadic had
suggested would spark violence.

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COUNCIL MEMBERS REITERATE KNOWN VIEWS
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8. Council members to a large extent expressed previously
known views on Kosovo. EU members UK, France and
Austria, as well as Turkey, noted that Serbia's future lay
with the EU, and that the EU role in Kosovo was growing.
The UK pointed out that Serbia's continued efforts to
disrupt Kosovo's independence served as a distraction to
this objective, and called for Serbia and Kosovo to work
toward reconciliation following the ICJ opinion. The UK
also noted that the UN needed to continue to review
the resources necessary to sustain UNMIK to ensure that
they were "commensurate with its role." Similarly,
France "deplored" Belgrade's unilateral decisions on
Kosovo, which did not lead Serbia in the direction of the
EU. Turkey emphasized that the future of Serbs in northern
Kosovo lay with Kosovo, not Serbia. Austria called on
Serbia to "renounce" parallel structures.


9. Russia fully supported the statement made by President
Tadic, including the call to restart negotiations, the
"illegitimacy" of Kosovo's elections, and concern about a
"final solution" for the north. Mexico, Brazil and Gabon
also said they did not support Kosovo's unilateral
declaration of independence, and that they would be guided
by the ICJ opinion. Uganda, Nigeria and Lebanon supported
positive developments in Kosovo, including the municipal
elections run by Kosovo, but caveated their support as
being "within the status neutral framework" of SCR 1244.
Bosnia and Herzegovina (BiH) avoided addressing political
issues, welcoming efforts directed at returns,
reconciliation and dialogue. BiH also welcomed the role of
EULEX "in the context of the status neutral implementation
of resolution 1244."


10. Ambassador DiCarlo noted the successful municipal
elections and Kosovo's efforts to strengthen relations with
its neighbors which demonstrated Kosovo's readiness to play
a constructive regional role. She called for flexibility
in defining a modus operandi to allow Kosovo to participate
fully in regional and international mechanisms. Ambassador

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DiCarlo echoed the SYG's request to redouble efforts on
returns and called on Serbia to accept UNHCR's offer to
reestablish a presence. She offered support for EU
efforts to help resolve outstanding issues related to
religious and cultural heritage. DiCarlo said illegal
Serbian parallel institutions threatened stability in
northern Kosovo, and urged Serbia to look at the
reconciliation taking place in other parts of Kosovo to the
clear benefit of Kosovo's Serbs.

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RIGHTS OF REPLY
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11. As has become typical in the quarterly debates on
UNMIK, both Serbia and Kosovo asked for the right of
reply. President Tadic thanked the 127 states that had not
recognized Kosovo and said it was "deeply disappointing and
incredibly shocking" that Hyseni had said reopening status
talks could provoke a new conflict. Tadic called this a
"direct threat" and an example of the "destabilizing
consequences of UDI." He also recalled recent statements
by President Mesic of Croatia related to Bosnia and
Herzegovina (BiH),and said that Serbia fully
supported the sovereignty and territorial integrity of
BiH. Foreign Minister Hyseni reiterated that new
negotiations over the status of Kosovo would be impossible,
but offered to speak with Belgrade "any time, anywhere" to
discuss matters of common interest. He also emphasized
that Kosovo was committed to peace with its neighbors.


12. A complete transcript of the session is available
under the heading "Meetings" on the Security Council page
at the UN web site: www.un.org
RICE