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OO RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSL RUEHSR RUEHTRO
RUEHVK RUEHYG
DE RUCNDT #0605/01 1692344
ZNR UUUUU ZZH
O 182344Z JUN 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6743
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000605 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM UNMIK UNSC SR KS
SUBJECT: KOSOVO: SRSG ZANNIER UPDATES SECURITY COUNCIL ON 
UNMIK DOWNSIZING 
 
¶1. (SBU) SUMMARY. Kosovo SRSG Lamberto Zannier told the 
Security Council on June 17 that UNMIK's nearly completed 
reconfiguration is "timely and necessary" due to UNMIK's 
"limited capacity" to perform administrative functions in 
Kosovo.  Zannier, along with Serbian Foreign Minister Vuk 
Jeremic, noted statements by Kosovo leaders that they had "no 
legal obligation" to adhere to Resolution 1244, which 
established UNMIK, though Zannier also noted practical 
cooperation by Kosovar officials with UNMIK and EULEX at the 
working level. Kosovo Foreign Minister Hyseni reaffirmed that 
Kosovo would respect and adhere to international law and 
"binding resolutions of this body."  Hyseni said a statement 
by Jeremic that 200,000 Serbs were unable to return to their 
homes was inflated, but said Kosovo is ready to do whatever 
is necessary to facilitate the return of all ethnic groups. 
Most Council members focused their remarks on the need to 
ensure practical cooperation on the ground among UNMIK, 
EULEX, Kosovar and Serbian officials.  Ambassador DiCarlo 
called for a further downsizing of UNMIK to reflect only 
functions that cannot be performed by Kosovo institutions or 
other international organizations on the ground.  END 
SUMMARY. 
 
-------------------------------- 
Zannier Defends UNMIK Downsizing 
-------------------------------- 
 
¶2. (SBU) Special Representative of the Secretary-General 
Lamberto Zannier told the Security Council during a June 17 
public debate that UNMIK reconfiguration was "timely and 
necessary" due to the circumstances on the ground in Kosovo, 
which had limited UNMIK's capacity to carry out 
administrative functions.  He said that UNMIK would 
increasingly take on a "diplomatic and facilitation" role in 
Kosovo.  Zannier defended the SYG's reduced budget request 
(down from approximately 4900 positions in 2008-2009 to 507 
for 2009-2010) as "adhering strictly to established 
guidelines", adding that the drastic cut in positions 
reflected not only the new role of the EU Rule of Law Mission 
(EULEX), but also the continuing role played by the OSCE in 
monitoring human rights and the rights of minority 
communities. 
 
¶3. (SBU) Zannier noted that several ethnic-Serb communities 
had worked out practical payment arrangements with the Kosovo 
Energy Corporation (KEC), which had allowed power to be 
restored to their villages.  He also reported that work on 
the reconstruction of Serbian cultural patrimony had recently 
resumed after a year-long stalemate over tendering 
procedures.  He acknowledged the slow pace of returns of the 
Serb minority to Kosovo, and suggested that UNHCR could take 
up a role formerly held by the Kosovo Property Agency in 
facilitating Serb returns. 
 
--------------------------------------------- ------------- 
Serbia's Jeremic Asserts Need for Greater UN, Serbian Role 
--------------------------------------------- ------------- 
 
¶4. (SBU) Serbian Foreign Minister Vuk Jeremic asserted that 
UNMIK's downsizing should be frozen at the current level, and 
that additional positions proposed by Serbia for the UNMIK 
budget in the 5th Committee should be approved in order to 
reinforce the continuing role of UNMIK in coordinating the 
activities of EULEX and other international organizations in 
Kosovo.  Jeremic accused the Kosovar authorities of 
provocations, including "targeted power cuts, pressure to 
sign loyalty oaths, and the construction of new, unauthorized 
housing settlements."  He called for no new recognitions of 
Kosovo's independence pending an advisory opinion of the 
International Court of Justice on the legality of Kosovo's 
declaration of independence under international law.  He 
claimed that 200,000 Serbs still wanted to return to Kosovo 
and that 40,000 property claims had still not been 
adjudicated by the Kosovo Property Agency.  Jeremic 
reiterated Zannier's suggestion that UNHCR should take over 
the adjudication of property cases. 
 
¶5. (SBU) Turning to the Secretary-General's "six-point 
dialogue", Jeremic said that Serbia was cooperating on 
practical issues.  However, he said, ethnic-Serb police 
offices were not ready to return to their jobs due to fears 
of a "hostile work environment."  He also noted the issue of 
the jurisdiction of the North Mitrovica court and the 
applicability of UNMIK law in Serb populated areas had slowed 
progress on judiciary questions.  On customs, he was emphatic 
that Serbia would not accept the UNMIK-approved Kosovo 
customs stamp, and would therefore continue to hold-up 
cooperation with Kosovo on the Central European Free Trade 
Agreement (CEFTA). 
 
 
USUN NEW Y 00000605  002 OF 002 
 
 
--------------------------------------------- ------- 
Kosovo's Hyseni Commits to Respect International Law 
--------------------------------------------- ------- 
 
¶6. (SBU) Kosovo Foreign Minister Skender Hyseni reiterated 
his request for the Security Council to bring UNMIK's mandate 
to an end, though he also pointed out the explicit commitment 
in Kosovo's Declaration of Independence and in its 
Constitution to respect and adhere to international law, 
"including binding resolutions of this body."  Hyseni said 
that state institution building was continuing, including the 
recent appointment of a Central Elections Commission, the 
recent election by Parliament of members to the 
Constitutional Court, and the continued build-up of a Kosovo 
Security Force, which would be focused primarily on emergency 
response.  Hyseni noted the recent election of Kosovo to the 
IMF and the World Bank.  He said that Kosovo was working on 
the integration of minorities, but said the Republic of 
Serbia had continued to act to prevent Serbs in Kosovo from 
cooperating with Kosovo institutions. 
 
¶7. (SBU) During a "right of reply" statement at the end of 
the debate, the Foreign Minister challenged Jeremic's 
assertion that 200,000 Serbs had still not returned to 
Kosovo.  Hyseni said that the highest Serb population 
recorded in Kosovo prior to 1999 had been 195,000 and that 
the current Serb population stood at about 135,000, and 
therefore it would be impossible for 200,000 Serbs to be 
waiting to return.  At the same time, he said, Kosovo is 
"committed  and interested to return every single displaced 
person and refugee, and stands ready to provide at any cost 
the conditions for their return." 
 
--------------------------------------------- ----- 
Council Members Seek Greater Practical Cooperation 
--------------------------------------------- ----- 
 
¶8. (SBU) Ambassador DiCarlo reinforced positive developments 
on the ground, including the election of members of the 
Constitutional Court and the appointment of a Central 
Elections Commission.  DiCarlo encouraged UNMIK to continue 
downsizing in response to the positive developments on the 
ground, so that UNMIK would carry out only functions that the 
Government of Kosovo or other international presences could 
not perform themselves.  She encouraged Kosovo to continue to 
facilitate the return of refugees and IDPs and to continue 
its outreach to the Serb minority.  She also reinforced the 
need for Serbia to support the integration of Kosovo Serbs 
into local institutions.  DiCarlo called on Serbia to keep to 
its CEFTA commitments and un-block trade with Kosovo. 
 
¶9. (SBU) All of the Council members pointed out the need for 
practical cooperation between UNMIK and EULEX, as well as the 
need for the Kosovar authorities to continue its outreach to 
the ethnic-Serb minority. 
 
¶9. (SBU) In contrast to calls by most Council members for the 
return of refugees and IDPs, Russian Permrep Churkin focused 
on the rebuilding of homes by ethnic-Albanians in Serb 
majority areas, saying that the right of return ought to be 
considered "on an equal footing" with the wishes of the local 
community.  Churkin also stated that Russia would support 
Serbia's effort in the 5th Committee to ensure that UNMIK had 
sufficient resources to carry out its functions. 
 
¶10. (SBU) China, Libya, Vietnam and Uganda reaffirmed the 
need for EULEX to operate under the overall authority of the 
UN, and reinforced the need to ensure that UNMIK had 
sufficient budget and personnel to carry out its mandate. 
They also all encouraged UNMIK to continue efforts at 
political mediation between Belgrade and Pristina. 
 
11.. (U) A complete transcript of the June 17 debate can be 
found on-line at www.un.org 
RICE