VZCZCXRO9361
OO RUEHTRO
DE RUEHC #4270/01 1660011
ZNY CCCCC ZZH
O 140002Z JUN 08
FM SECSTATE WASHDC
TO RUEHTRO/AMEMBASSY TRIPOLI IMMEDIATE 1105
RUEHJA/AMEMBASSY JAKARTA IMMEDIATE 0236
RUEHSJ/AMEMBASSY SAN JOSE IMMEDIATE 8876
RUEHSA/AMEMBASSY PRETORIA IMMEDIATE 9344
RUEHZP/AMEMBASSY PANAMA IMMEDIATE 2590
RUEHOU/AMEMBASSY OUAGADOUGOU IMMEDIATE 7324
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHBW/AMEMBASSY BELGRADE IMMEDIATE 0115
RUEHPS/AMEMBASSY PRISTINA IMMEDIATE 4248
RUEHVEN/USMISSION USOSCE IMMEDIATE 1231
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 2200
RUEHNO/USMISSION USNATO IMMEDIATE 5395
RUEHBS/USEU BRUSSELS IMMEDIATE

C O N F I D E N T I A L SECTION 01 OF 02 STATE 064270 
 
SIPDIS 
TRIPOLI MINIMIZE CONSIDERED 
 
E.O. 12958: DECL: 06/11/2018 
TAGS: UNSC PREL UNMIK KO
SUBJECT: KOSOVO -- DEMARCHE IN SUPPORT OF UN 
RECONFIGURATION IN KOSOVO 
 
 
Classified By: IO PDAS James B. Warlick for reason 1.4(b). 
 
¶1.  (SBU) This is an action request.  Posts in Tripoli, 
Jakarta, Panama, San Jose, Ouagadougou, and Pretoria are 
requested to deliver the following demarche on Kosovo at the 
highest appropriate level before Tuesday June 17. 
 
¶2.  (C) The objectives of this demarche are to: 
 
-- Encourage host government to support the plan of UN 
Secretary General (SYG) Ban Ki-moon to reconfigure the UN 
presence in Kosovo; 
 
-- Explain why Ban's plan is a reasonable response to the 
situation created by events surrounding Kosovo's February 17 
declaration of independence and is essential to preserving 
peace and the UN's legacy; 
 
-- Confirm that Ban's reconfiguration plan is fully 
consistent with UN Security Council (UNSC) resolution 1244 
(1999). 
 
¶3.  (C) BACKGROUND (UN RECONFIGURATION):  Forty-two countries 
have now recognized Kosovo's February 17 declaration of 
independence.  Because Kosovo's independence is still 
controversial, UN SYG Ban Ki-moon and the United Nations 
Interim Administration Mission in Kosovo (UNMIK) have tried 
to be "status neutral."  Nevertheless, the situation in 
Kosovo, notably Kosovo's recognition by UN member states and 
the June 15 entry into force of Kosovo's new constitution, 
have created a new reality to which the UN believes it will 
have to adapt.  In particular, the UN will no longer be in a 
position to administer Kosovo as it has done since the 
adoption of UNSC resolution 1244.  In light of these 
circumstances and acting on his own authority, on June 12 SYG 
Ban issued a report to the UNSC announcing his intention to 
"adjust operational aspects" of the international civil 
presence in Kosovo and cooperate on a transfer of 
police/justice responsibilities to the European Union (EU). 
Ban also said he intends intensive consultations with 
Belgrade on practical matters (e.g., police, customs) to help 
demonstrate that he made good faith efforts to engage all 
parties.  Russia, backed by China, insists any such 
reconfiguration of the UN presence cannot occur without UNSC 
blessing; Serbia has also strenuously objected. 
 
¶4.  (C) BACKGROUND (NEXT STEPS):  A UNSC session to discuss 
Ban's report will take place on  June 20.  Facing Russian 
opposition and threats, Ban needs broad UNSC support for his 
initiative.  Supporting Ban's plan does not imply support for 
Kosovo's independence -- to the contrary, his reconfiguration 
of the UN presence is a common-sense measure that recognizes 
the new reality in Kosovo, protects the UN's legacy there, 
and is designed to be consistent with resolution 1244. 
Ideally, a large majority of the UNSC members, both those who 
have and have not recognized Kosovo's independence, will 
publicly endorse Ban's plan. 
 
¶5.  (SBU) TALKING POINTS.  Posts may draw upon these points, 
as necessary. 
 
-- The United Nations Interim Administration Mission in 
Kosovo (UNMIK) performed great work to provide an interim 
civil administration for Kosovo after the conflict ended in 
¶1999.  During subsequent nine years, Kosovo has developed 
functioning democratic institutions, to which UNMIK has 
already handed over most governing responsibilities. 
 
-- After UN-led talks on Kosovo's future status, followed by 
an additional round of negotiations under U.S./EU/Russian 
auspices, failed to produce an agreement between Belgrade and 
Pristina, Kosovo declared its independence on February 17. 
Forty-two countries have already recognized Kosovo's 
statehood. 
 
 
STATE 00064270  002 OF 002 
 
 
-- Because the UNSC includes both members who support and do 
not support Kosovo's independence, the UN SYG and UNMIK have 
sought to be impartial in its actions and words.  The SYG 
continues to be guided by UNSC resolution 1244 (1999), which 
all parties agree remains in force. 
 
-- The Kosovo Assembly has recently approved a new Kosovo 
constitution that enters into force on June 15, at which 
point there will be a new reality in Kosovo and it will no 
longer be feasible for the UN to remain in its current 
configuration and exercise governing responsibilities. 
 
-- Indefinite UN administration of Kosovo is not possible. 
As far back as 2005, UN Envoy Kai Eide reported that the UN's 
leverage in Kosovo was declining and that new international 
actors, particularly the EU, would need to play a leading 
international role. 
 
-- On June 12, Ban presented a report to the UNSC that noted 
the recent events in Kosovo "will continue to have a 
significant operational impact on the functioning of UNMIK" 
and that "UNMIK will no longer be able to perform effectively 
the vast majority of its tasks as an interim administration." 
 
-- In light of these circumstances, Ban said he intends to 
reconfigure the UN presence in Kosovo and limit its tasks to 
certain residual functions (e.g., reporting, facilitating 
uninterrupted travel privileges for Kosovo's citizens). 
 
-- Ban's plan, which he calls "status neutral," will also 
include intense engagement with all parties (including 
Belgrade) and cooperation with the EU, which has offered to 
deploy a rule of law mission under a UN "umbrella." 
 
-- Ban is acting under his own authority as UN SYG and in a 
manner fully consistent with resolution 1244.  His plan is 
essential to preserving the peace and protecting the UN's 
legacy in Kosovo. 
 
-- We encourage all UNSC members, whether or not they have 
recognized Kosovo's independence, to support the SYG's 
initiative when it is discussed at the upcoming UNSC session 
on June 20. 
 
-- (If Asked) Given that the Council has been so deeply 
divided on Kosovo, we do not wish to  seek and additional 
Council resolution or statement and thus potentially delay 
the implementaion of the SYG's plan. 
 
¶6.  (SBU) For further information, please contact IO/UNP - 
John Mariz (202-647-0048, marizjc@state.gov) or EUR/SCE - 
Joshua Black (202-647-9173, blackj@state.gov). 
RICE