VZCZCXYZ0004
OO RUEHWEB

DE RUEHC #2042 1362248
ZNY CCCCC ZZH
O 152240Z MAY 08
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

C O N F I D E N T I A L STATE 052042 
 
SIPDIS 
 
E.O. 12958: DECL: 05/13/2018 
TAGS: UNSC PREL PGOV UNMIK KO YI
SUBJECT: KOSOVO: RESPONSE TO UNSYG ON UNMIK TRANSITION 
 
REF: USUN 429 
 
Classified By: IO PDAS James Warlick for reasons 1.4(b) and (d). 
 
¶1.  (C) This is an action request for a demarche to UN SYG 
Ban Ki-moon in response to reftel request for guidance.  See 
paragraphs 4 and 5. 
 
¶2.  (C) The objective of this demarche is to underscore to 
UNSYG that the Quint is unified in its position that UNMIK 
must reconfigure after June 15, that the UN must not hold 
non-transparent, substantive negotiations with Belgrade, and 
that the UN should work immediately with Brussels on a policy 
framework for transition in Kosovo's rule of law sector. 
 
¶3. (C) Background:  Phase out of UNMIK and ramp-up of the EU 
Rule of Law Mission (EULEX) is hampered by Secretariat 
confusion and UNSYG Ban's hesitancy vis--vis Russia and 
Serbia.  New York officials report inaccurately to Ban that 
the Quint is divided on this transition.  Quint Balkan 
Directors provided our views to DPKO on May 2 and the Quint 
provided DPKO U/S Guehenno with a non-paper on this issue on 
May 7.  On May 9 Quint Political Directors reiterated their 
position to U/S Guehenno.  The Quint has made clear that 
UNMIK administration of Kosovo must end June 15 when Kosovo's 
new constitution comes into force.  Quint also made clear 
that the UN should not be renegotiating aspects of the 
Ahtisaari Plan with Belgrade.  Quint and Kosovo must be 
involved in consideration of any changes.  DPKO promised to 
begin discussions with the EU and NATO on this security 
arrangement, and we understand that these institutions have 
begun discussions on the ground in Kosovo and will meet at 
senior level next week in Vienna.  Ban's insistence, however, 
that he must have Russian and Serb buy-in for this transition 
is unrealistic. 
 
¶4.  (C) The United States along with other members of the 
Quint are not rigid on provisions of the Ahtisaari Plan.  We 
have already made adjustments to the Plan to take into 
account changed circumstances surrounding Kosovo's 
independence and will continue to do so.  That said, the 
Quint cannot support the negotiations DPKO planned to launch 
with Belgrade, which radically changed provisions of the plan 
without consultations with the Kosovar leaders or major 
stakeholders.  DPKO's proposals would have created a separate 
police force and courts for all Serb areas; the UN itself has 
worked hard over the last nine years to build multi-ethnic 
institutions in Kosovo.  To reverse this achievement now 
would go against the principles that guided the international 
community since UNSCR 1244 was adopted in 1999.  DPKO 
proposals would lead to ethnic partition of Kosovo and cause 
greater instability. 
 
¶4.  (C) USUN may draw on the following points to respond to 
Ban's reftel suggestion that the USG sit down with the 
Secretariat to "draft a common understanding of the details 
of the fade in/fade out process, drawing from relevant Quint 
and UN papers." 
 
--- We appreciate your offer to continue to discuss with U.S. 
representatives the way forward on UNMIK transition in 
Kosovo. We have outlined our common position with France, 
Germany, Italy, the United Kingdom, EU Council and NATO 
Secretariat in the non-paper given to U/S Guehenno on May 7. 
 
--- This non-paper outlines political/administrative measures 
that  UNMIK should take to reduce its presence in a 
reconfiguration.  The key element is that UNMIK should no 
longer govern Kosovo after June 15 when Kosovo's constitution 
comes into effect.  The paper also provides a framework for 
EU deployment.  Specifics of the EU deployment, EU-UN 
cooperation and EU relations to the UN remain to be worked 
out. 
 
--- It is vital that any discussion of this issue involve all 
key stakeholders that are contributing to stability on the 
ground in Kosovo.  The EU and NATO, in particular, must be 
involved.  The United States cannot work out plans for a 
transition with the UN alone. 
 
--- We are grateful that you have authorized technical 
discussions to begin on the ground among the UN, EU and NATO. 
 We also understand that a meeting of senior officials will 
take place next week in Vienna to discuss the issue further. 
 
--- We urge that the UN move forward expeditiously to begin 
policy-level negotiations with us, the EU and NATO on all 
transition and reconfiguration issues, including EULEX, based 
on our non-paper. 
 
--- We understand your desire to achieve Russian and 
particularly Serb support for any reconfiguration.  But we 
stress that the details must be worked our first with the US, 
France, Italy, Germany, United Kingdom, EU and NATO since 
these stakeholders will be responsible for security in Kosovo 
and further Kosovo's development. 
RICE