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DE RUEHC #0376 2892304
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O 152300Z OCT 08
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TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
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UNCLAS STATE 110376 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL MOPS UNMIK UN KO SE
SUBJECT: DEMARCHE REQUEST TO DPKO ON UNMIK/EULEX 
ARRANGEMENTS 
 
¶1. (SBU)This message is sensitive but unclassified: please 
protect accordingly. 
 
¶2. (SBU) The Department requests that USUN demarche the 
Department of Peacekeeping Operations and the Secretariat 
at the highest appropriate levels expressing concern that 
the so-called "six point talks" the Secretary-General's 
Special Representative in Kosovo is conducting have not 
been sufficiently transparent, are being used by Serbia to 
attempt to compromise Kosovo's sovereignty, and hinder the 
transfer of competencies from UNMIK to EULEX, undermining 
security and stability in Kosovo.  Additionally, progress 
on the talks should not be linked to or made a 
precondition by Belgrade for its cooperation with full 
deployment of EULEX throughout Kosovo.  USUN should also 
use the opportunity to express our concern over the uneven 
cooperation on the ground between UNMIK and EULEX, which 
threatens the execution of an effective transition on 
security and rule of law issues.  USUN may draw on the 
following points in engaging UN officials on this issue. 
USUN may also coordinate this demarche with Quint partners 
if it deems appropriate. 
 
Background 
---------- 
 
¶3. (SBU) In his June 12 report to the Security Council on 
the reconfiguration of UNMIK, UNSYG Ban noted his 
intention to have his SRSG "facilitate dialogue between 
Belgrade and Pristina on issues of practical concern." 
Keying on a proposal from Belgrade, the SYG also set out 
provisions in six areas (Police, Courts, Customs, 
Transportation and Infrastructure, Boundaries and Serbian 
Patrimony) that would "apply for a limited duration and 
without prejudice to the status of Kosovo."  The SYG noted 
that the SRSG would consult on these with authorities in 
Belgrade and Pristina and other relevant stakeholders. 
While there may have been some rationale to exploring 
opportunities for the UN's seeking flexibility from 
Belgrade at that time, the Department now has strong 
concerns that these "six-point talks" between the SRSG and 
Belgrade have moved well beyond a simple dialogue. 
Rather, they are being exploited by Belgrade to delay or 
unacceptably reshape the EULEX mission, while pursuing 
direct, bilateral negotiations with the UN on matters 
directly affecting Kosovo's status.  Moreover, neither the 
Government of Kosovo, nor key stakeholders, including the 
U.S., have been sufficiently informed of what is being 
discussed between the UN and Belgrade. 
 
Objectives 
---------- 
 
¶4. (SBU) Underscore our concern that the manner in which 
DPKO and UNMIK engage Belgrade should not encourage 
Belgrade to avoid or limit cooperation with EULEX by 
seeking arrangements that would make permanent an 
exclusive UNMIK role in Serb-majority areas.  We encourage 
a UN approach that supports the SYG's decision to 
facilitate the EU assuming responsibility for rule of law 
functions throughout Kosovo. UNMIK's interaction with the 
ethnic Serb population of Kosovo should be consonant with 
EULEX and ICO interaction with the ethnic Kosovar and Serb 
populations.  Partition needs to be avoided. Specifically 
we should avoid allowing a separate Serb chain of command 
in the police; guard against parallel institutions and 
ensure a unitary customs regime that that is no less 
favorable to Pristina than what it had prior to 
independence.  We are also concerned that the Kosovar 
Albanians be consulted closely and that the Serb side 
recognize that the Kosovars are part of the negotiating 
formula. 
 
¶5. (SBU) Underscore that Serbia's acceptance of the EULEX 
mission and its assurances and active cooperation in 
ensuring a permissive environment for full deployment 
throughout Kosovo cannot be linked to the six-point 
talks.  Similarly, reconfiguration of UNMIK must not be 
delayed or linked to the talks.  Belgrade must immediately 
cooperate on EULEX.  Only after Belgrade creates a 
permissive environment for EULEX to fully assume its 
responsibilities, will UNMIK-Belgrade talks be 
productive.  We hope UN officials will convey this to 
Belgrade.  Press for clear UN messages to Belgrade that 
Serbia's best interests are served by reconciling itself 
to EULEX's full deployment and assumption of its full 
mandate in all parts of Kosovo, as foreseen by the 
Secretary General in his June report on UNMIK. 
 
¶6.      (SBU) Stress that we expect future talks be 
carried out in a manner that is transparent to the 
international community and to the Kosovars.  Any 
arrangements with Belgrade, without the concurrence of the 
Government of Kosovo or other key stakeholders including 
EULEX, inherently would not be status neutral, as they 
would treat significant geographic parts and governmental 
competencies of Kosovo as those of Serbia. 
 
¶7. (SBU) Emphasize that the SYG's next 
report on Kosovo should be released (it was due October 10). 
Urge UNMIK to address the needs and to protect all of 
Kosovo's communities through its reconfiguration.  UNMIK 
could begin now to deepen its practical cooperation with 
EULEX in the north and the Serb enclaves in order to 
prepare for an orderly transition.  In this regard, we are 
concerned that UNMIK has issued orders to its personnel 
that actually block useful UNMIK-EULEX cooperation on the 
ground.  Co-location and joint activities, including in 
the north and the Serb enclaves, could be an essential 
element to a successful formula. 
RICE