VZCZCXYZ0009
OO RUEHWEB

DE RUCNDT #0331/01 0862312
ZNR UUUUU ZZH (CCY AD486222 TOQ5206-632)
O 272312Z MAR 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6224
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

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