COMUNICATO del Governo della RFJ in occasione del primo anniversario
della fine dell'aggressione della NATO alla RF di Jugoslavia e
dell'approvazione della Risoluzione 1244 del Consiglio di Sicurezza;
MEMORANDUM del Governo Federale sull'attuazione della Risoluzione 1244
del Consiglio di Sicurezza


---

STATEMENT OF THE FEDERAL GOVERNMENT

The Federal Government stated that the brutal aggression by
nineteen
Member States of the North Atlantic Treaty Organization (NATO), led by
the
United States, against the Federal Republic of Yugoslavia was an act
contrary
to international law and a crime against peace and humanity. The
military
aggression ended with the adoption of United Nations Security Council
resolution 1244 (1999) on 10 June 1999. The adoption of this resolution
was
preceded by the acceptance of the Ahtisaari-Chernomyrdin document and
the
signing of the Military Technical Agreement of Kumanovo.
In this way, the settlement of the problem of Kosovo and
Metohija was
reverted back to the world Organization, i.e. to the Security Council,
as the
sole and legitimate authority for maintaining peace and security. The
Federal
Republic of Yugoslavia thus demonstrated its confidence in the United
Nations
and agreed to the Security Council resolution whose essential provisions
envisaged full respect for the sovereignty and territorial integrity of
the FR
of Yugoslavia and demanded cooperation with the Yugoslav authorities in
the
discharge of the mandate entrusted to international security and civil
presences.
However, the Federal Government noted that one year after KFOR
and
UNMIK, headed by Bernard Kouchner, were deployed in Kosovo and Metohija,
they
had systematically violated their mandate under Security Council
resolution
1244 (1999) and obstructed its consistent implementation, thus
demonstrating
that they were neither capable nor willing to establish order and
personal and
property safety for all inhabitants of Kosovo and Metohija, or to
respect the
territorial integrity and sovereignty of our country. They have
completely
betrayed the confidence placed in them.
Following the deployment of UNMIK and KFOR, Kosovo and Metohija
has
been
turned into a base of organized international crime, illicit trafficking
in
drugs and arms, white slavery and money laundering. It is still a
recruitment
centre for terrorists. UNMIK and KFOR have openly become accomplices and
directly responsible for the ethnic cleansing and protracted genocide of
Serbs,
Muslims, Turks and non-Albanians in this Province.
The Federal Government considered that the Security Council, in
view of
its responsibility under the Charter, has to face the following facts.
During
the military and Civil presences of the United Nations and since they
took full
responsibility for the situation in the Province 5,000 terrorist attacks
have
been carried out. More than 1,000 people have been killed and over 940
abducted. About 360,000 Serbs, Muslims, Roma, Turks, Goranci, Egyptians
and
other non-Albanians have been driven from their homes. Eighty-six
medieval
places of worship and cultural and historic sites of inestimable value
have
been destroyed. More than 250,000 foreigners, mostly citizens of Albania
and
Macedonia, have illegally crossed the State border of the FR of
Yugoslavia and
stayed in the Province. The terrorist "Kosovo Liberation Army", which is
an
armed wing of the Albanian narco-mafia and which has allegedly been
transformed
into the so-called "Kosovo Protection Corps", continues with its terror
and
ethnic cleansing, which is evidence that it has not been demilitarized,
disarmed or disbanded but that it has been acting under the auspices of
UNMIK
and KFOR and with their direct assistance and under the direction of the
NATO
alliance.
The failure of the UNMIK and KFOR Mission to protect the basic
human
rights of the inhabitants, for whose security they took responsibility,
as well
as to preserve the multi-ethnic, multi-religious and multi-cultural
character
of Kosovo and Metohija, is more than evident.
The Government assessed that the systematic violation of
Security
Council resolution 1244 (1999) had prevented the launching of the
political
process of settling the status of the Province within the Republic of
Serbia
and the FR of Yugoslavia, as set out in resolution 1244 (1999).
The Federal Government insisted, in accordance with resolution
1244
(1999), on an immediate return and deployment of VJ and MUP personnel
with a
view to ensuring full protection of the internationally recognized
borders of
the FR of Yugoslavia, on restoring the functioning of the legitimate
Provincial
and local administration as well as the functioning of all essential
public
services and on taking all measures and guarantees for a safe and
unimpeded
return of all expelled and displaced persons. Parallel with the
restoration of
peace, order and personal and property safety for all inhabitants of the
Province, conditions will be created for the start of the process of the
political resolution of problems in Kosovo and Metohija within the
autonomy of
this Serbian province as an inseparable part of the constitutional,
legal and
economic system of the Republic of Serbia that would guarantee the
multi-cultural, multi-religious and multi-ethnic character of the
Province and
full equality of all citizens.
The arguments, evidence and facts supporting all the above
assessments
of the Federal Government are contained in its Memorandum on the
implementation
of Security Council resolution 1244 (1999) that it forwarded to the
Security
Council of the United Nations with a request that it be published as a
document
of the United Nations.
In view of all this, the Federal Government demanded that the
Security
Council of the United Nations:
- declare null and void all acts and decisions taken by Head of
UNMIK
Bernard Kouchner, contrary to Security Council resolution 1244 (1999);
- condemn in the strongest terms, put an end to the activity of
Head of
UNMIK Bernard Kouchner and withdraw from Kosovo and Metohija the forces
of
UNMIK and KFOR, who are directly responsible for the systematic
violation of
Security Council resolution 1244 (1999) and for countless loss of life,
untold
suffering of the Serbian and other non-Albanian population and for the
damage
inflicted by Kosovo Albanian terrorists in the presence of tens of
thousands of
KFOR and UNMIK members;
- urgently take all necessary measures to ensure full and
consistent
implementation of its resolution 1244 (1999);
- most strongly condemn continued NATO aggression against the FR
of
Yugoslavia through the maintenance of the illegal system of sanctions
and
embargoes imposed by NATO Member States, through constant attempts at
undermining the FR of Yugoslavia and through material, political and
media
support for the Albanian separatists and terrorists in Kosovo and
Metohija,
whose activities, in conjunction with the obstruction of UNMIK and KFOR
in the
implementation of resolution 1244 (1999), are aimed at the
destabilization and
breaking up of the territorial integrity of the FR of Yugoslavia, at
reshaping
internationally recognized borders and, therefore, at causing widespread
instability and conflict in the region, with far-reaching negative
implications
for peace and security in the Balkan region;
- take all necessary measures to compensate for the damage and
other
losses inflicted on the population, economy and cultural heritage of
Kosovo and
Metohija by UNMIK and KFOR and by the terrorist and criminal gangs they
are
supporting.
MEMORANDUM OF THE GOVERNMENT OF THE FEDERAL
REPUBLIC OF YUGOSLAVIA ON THE IMPLEMENTATION
OF SECURITY COUNCIL RESOLUTION 1244 (1999)
OF 10 JUNE 1999


I. FAILURE OF THE INTERNATIONAL MISSION UNDER THE
AUSPICES OF THE UNITED NATIONS IN KOSOVO
AND METOHIJA

1. Sovereignty and territorial integrity of the Federal Republic
of
Yugoslavia over Kosovo and Metohija are inviolable and final: Security
Council
resolution 1244 (1999), the Military Technical Agreement and the
Chernomyrdin-Ahtisaari document have unambiguously reaffirmed the
sovereignty
and territorial integrity of the FR of Yugoslavia in Kosovo and Metohija
(preambular para 10; Annex 2, para 8).
The Federal Republic of Yugoslavia and the Republic of Serbia
have
carried out all their obligations under Security Council resolution 1244
(1999)
and the Military Technical Agreement.
2. Systematic non-implementation and flagrant violation of
Security
Council resolution 1244 (1999) and the Military-Technical Agreement by
KFOR and
UNMIK: In the past year of their mandate in the southern Serbian
Province, KFOR
and UNMIK have consciously avoided to implement Security Council
resolution
1244 (1999) and the Military Technical Agreement or have deliberately
and
grossly breached them, in violation of the sovereignty and territorial
integrity of the FR of Yugoslavia and the Republic of Serbia. They have
thus
discredited themselves as impartial and well-meaning international
trouble
shooters having the mandate of the world Organization. Such an attitude
on the
part of KFOR and UNMIK, as well as the Security Council of the United
Nations,
as the body with primary responsibility for a consistent implementation
of its
resolution 1244 and related documents, are the underlying cause of the
dramatic
deterioration of the security and overall situation in the Province,
which is
now much worse than it was prior to the NATO armed aggression against
the FR of
Yugoslavia.
KFOR and UNMIK have not fulfilled any of the provisions of the
Resolution and the Military Technical Agreement:
- Those relating to full and strict respect for the sovereignty
and
territorial integrity of the Republic of Serbia and the FR of Yugoslavia
(preambular para 10, and para 8 of Annex 2 of the resolution) that are
systematically and deliberately violated by UNMIK's Head B. Kouchner and
other
representatives of UNMIK and KFOR. By their decisions which
systematically
undermine the sovereignty and territorial integrity of the FR of
Yugoslavia and
the Republic of Serbia, KFOR and UNMIK are acting complicit with the
Albanian
separatists and terrorists in their efforts to ensure preconditions for
separating Kosovo and Metohija from the unified constitutional-legal,
monetary-financial, economic, educational, judicial and other systems of
the FR
of Yugoslavia and the Republic of Serbia. They are thus directly
encouraging
and helping the achievement of the separatist aspirations of Albanian
terrorists and their political leaders and working against the goals of
peace,
stability and development in the region.
Placing the UN Mission in Kosovo and Metohija at the service of
Albanian
separatist-terrorist forces, with the aim of destroying the State
sovereignty
of a UN Member State, constitutes a dangerous precedent in the practice
of UN
peace-keeping operations that negates the essential values of the
fundamental
principles of the Charter of the United Nations and goes against UN
peace
missions as such.
- The basic human rights of Serbs, Muslims, Roma, Goranci,
Turks,
Egyptians and other non-Albanian population have been violated on a
massive
scale (operative para 11j). The fundamental human right of these people,
i.e.
the right to life, has been threatened since the deployment of the
international mission.
- The terrorist so-called "Kosovo Liberation Army" and other
armed
Albanian gangs have not been demilitarized, disarmed or disbanded
(operative
para 9b).
- Personal and property safety as well as equality and a safe
environment for all inhabitants, as an essential precondition for a safe
return
of refugees and displaced persons, and an unimpeded delivery of
humanitarian
assistance (operative para 9c), have not been ensured.
- The laws and other regulations of the Republic of Serbia and
the
FR of
Yugoslavia have not been respected; there is no public order and peace
(operative para 9d) or free movement of the population.
- The return of members of VJ and MUP to Kosovo and Metohija has
been
prevented without any basis (operative para 4, paras 6 and 10 of Annex 2
of the
resolution and para 4 of the Military Technical Agreement).
- International borders of the FR of Yugoslavia to Albania and
Macedonia
have neither been guarded nor secured (operative para 9g). KFOR and
UNMIK have
allowed unhindered and illegal entry into Kosovo and Metohija of more
than
250,000 people, who are not citizens of the FR of Yugoslavia, mainly
terrorists
and other Albanian armed gangs of criminals.
The Province has been turned into Europe's centre of terrorism,
organized international crime, trafficking in drugs and arms, illicit
trade in
women and children, "money laundering", etc.
- Systematic violation of Security Council resolution 1244 has
prevented
the initiation of a political process to settle the status of the
Province
within the Republic of Serbia and the FR of Yugoslavia (operative para
11a).
- In violation of their obligation to respect the sovereignty
and
territorial integrity of the FR of Yugoslavia and the Republic of
Serbia, KFOR
and UNMIK have continuously refused to cooperate with the competent
authorities
of the FR of Yugoslavia in the discharge of the UN peace-keeping mission
in its
territory. Consequently, they are directly feeding Albanian separatist
ambitions in Kosovo and Metohija, in direct contravention of the crucial
provisions and the main goal of Security Council resolution 1244 and the
related documents.
3. Total fiasco of the international presence under UN auspices
in
Kosovo and Metohija: Continuing deterioration of the overall situation
in the
Province is along the lines of efforts to cause artificially a prolonged
destabilization in the region, with a view to finding justification for
NATO to
stay in the region and to revive its prestige and authority that have
been
seriously eroded by its illegal aggression against the FR of Yugoslavia.
Continued manipulations with very malicious statements by KFOR and UNMIK
officials about alleged success of the international mission in the
Province,
despite being proven unequivocally wrong by the disastrous situation on
the
ground, bear witness to it.
The overall track record of the discharge of the one-year
mandate
of the
international security (KFOR) and civil (UNMIK) presences in Kosovo and
Metohija, under UN auspices, as set out in Security Council resolution
1244
(1999), is disastrous in all its aspects.

II. SYSTEMATIC VIOLATION OF THE SOVEREIGNTY AND TERRITORIAL
INTEGRITY
OF THE FR OF YUGOSLAVIA
AND THE MANDATE OF THE SECURITY COUNCIL OF THE UNITED NATIONS

1. Decisions of UNMIK and KFOR: Regulations of the Special
Representative of the United Nations Secretary-General and Head of UNMIK
B.
Kouchner have no grounding in the resolution and are aimed at severing
all
links between Kosovo and Metohija and the Republic of Serbia and the FR
of
Yugoslavia, i.e. fully separating the Province from the constitutional,
legal,
economic, monetary, financial, banking, customs, visa, administrative
and other
systems of the FR of Yugoslavia and the Republic of Serbia.
Regulations and decisions of the Head of UNMIK, B. Kouchner,
undermine
systematically and directly the State sovereignty of the FR of
Yugoslavia and
the Republic of Serbia in Kosovo and Metohija, the basic principle
guaranteed
by Security Council resolution 1244 (1999), and decry the legal basis
and
prerogatives of statehood of the State of Serbia and the FR of
Yugoslavia in
that southern Serbian province, as an integral part of the Republic of
Serbia
and the FR of Yugoslavia.
- The so-called Interim Administration Council, a de facto
Provincial
"Government", composed of Albanians, mostly from the ranks of the
terrorist
so-called Kosovo Liberation Army and Albanian separatist political
parties, is
an illegal political creation aimed at legalizing ethnic supremacy of
Albanians, with a view to carving out an ethnically pure Kosovo and
Metohija.
The repeated attempts of the Special Representative to include
in that
body the Serbs, chosen by himself according to his own criteria mostly
for
offices of peripheral political importance and influence, are part and
parcel
of the same overall strategy of the Special Representative to legalize
the
status quo at the expense of the interests of Serbs and other
non-Albanians.
- The decision of UNMIK on an alleged transformation of the
terrorist
so-called Kosovo Liberation Army into a supposedly civilian
organization, the
Kosovo Protection Corps (KPC), is illegal having no grounding in
Security
Council resolution 1244 (1999) and the related documents and taking into
account that the Security Council was not consulted on its adoption.
It has been proved beyond doubt that the Kosovo Protection Corps
is a
military/terrorist formation and one of the principal generators of the
worsening of the situation and the crisis in the Province. Evidence of
it being
the report submitted by the UNMIK Human Rights Unit of 29 February 2000,
which
has been deliberately hidden from the eyes of the international public,
so as
to hoodwink it and mislead it into believing in an alleged success of
the
international presence in Kosovo and Metohija, under United Nations
auspices.
- Issuance of identification documents: UNMIK has no authority
to issue
identification documents to Yugoslav citizens from Kosovo and Metohija.
Consequently, the so-called Kouchner's passports and other personal
documents
constitute an act of the most flagrant violation of the provisions of
Security
Council resolution 1244 and of the principles of the Charter of the
United
Nations relating to the respect for the sovereignty and territorial
integrity
of the FR of Yugoslavia. Such acts are legally null and void and are
absolutely
unacceptable from the point of view of the Charter of the United Nations
and
international law.
Allowing foreign citizens to enter the FR of Yugoslavia via
border
crossings temporarily controlled by UNMIK and KFOR, without a proper
Yugoslav
visa, is incompatible with international law and the practice of UN
peace
missions.
The Government of the FR of Yugoslavia has most strongly
protested
against such acts aimed at disrupting the uniform regime of
identification
documents for Yugoslav citizens and called on all States and
international
organizations not to accept, in accordance with international law,
documents
illegally issued by UNMIK.
- Functioning of the judiciary: Security Council resolution 1244
(1999)
envisages that the judicial system in Kosovo and Metohija operates in
line with
the Yugoslav legislation and within the judicial system of the Republic
of
Serbia and the FR of Yugoslavia.
Through an illegitimate and illegal regulation, the Special
Representative has established judicial organs in Kosovo and Metohija
which
conduct criminal proceedings without honouring the Yugoslav laws in
force and
violating the basic principles of criminal law set forth in
international
conventions.
Particularly unacceptable and unbecoming of a United Nations
mission is
the practice of double standards applied to the detriment of Serbs and
Montenegrins in cases of arrest, institution and conduct of
investigation,
detention, determination of the right to defence, use of the mother
tongue,
etc.
466 Serbs are currently being detained in prisons. They have
been
arrested only on the ground of information provided by the Albanians,
most
frequently the members of the terrorist so-called Kosovo Liberation
Army.
2. Construction of foreign military bases and foreign
(NATO/KFOR)
military exercises: The Government of the FR of Yugoslavia has most
vigorously
opposed the construction of military bases and the conduct of military
exercises by foreign armies in a part of its sovereign territory without
its
approval. This is the most flagrant violation of its sovereignty and of
the
provisions of Security Council resolution 1244 (1999) as well as of the
laws in
force in the Republic of Serbia and the FR of Yugoslavia. This is
further
inconsistent with the character and spirit of peace missions under the
auspices
of the United Nations and sets a dangerous precedent, contrary to the
purposes
and principles of the United Nations.
3. Visits by foreign officials and "representation" of some
foreign
countries without the consent of the competent authorities of the FR of
Yugoslavia: They constitute the most flagrant form of violation of the
principles of the sovereignty and territorial integrity of the FR of
Yugoslavia, in gross breach of the principles of the Charter of the
United
Nations, provisions of the Vienna Conventions on diplomatic and consular
relations, the Convention on the Privileges and Immunities of the United
Nations as well as of prevalent international practice.
Accordingly, the illegal practice put in place by UNMIK of
giving
"approval" for the establishment of para-diplomatic missions of foreign
States
in Kosovo and Metohija and for the construction of "cultural centres" of
some
States, such as Saudi Arabia's, in any part of the single Yugoslav
territory,
without an explicit agreement of the competent authorities of the FR of
Yugoslavia, is totally unacceptable.
The Government of the FR of Yugoslavia most strongly condemns
the
recent
illegal visit to the southern Serbian Province of the President of the
Republic
of Albania, Rexhep Meidani, as well as his meetings with UNMIK and KFOR
officials. This undisguised provocation against the FR of Yugoslavia and
an act
of the most flagrant violation of the State sovereignty and territorial
integrity of the FR of Yugoslavia is in the function of a direct support
to
Albanian separatists and terrorists in Kosovo and Metohija.
4. Disrespect for the State symbols of the FR of Yugoslavia: The
fact
that the symbols of the State of the FR of Yugoslavia, primarily its
flag, are
not displayed at its international border crossings with Albania and
Macedonia
and that other border signs have been removed constitutes a gross
violation of
the sovereignty and territorial integrity of the FR of Yugoslavia.
5. Invalidity of KFOR and UNMIK decisions: The FR of Yugoslavia
considers null and void and without any legal effect and as non-binding
on
itself and its authorities the conduct and decisions of KFOR and UNMIK,
particularly those of Special Representative of the United Nations
Secretary-General and Head of UNMIK B. Kouchner, which disregard or
violate the
principles of sovereignty and territorial integrity of the FR of
Yugoslavia, as
well as all measures, acts and omissions of acts which are contrary to
Security
Council resolution 1244 (1999) or the Military Technical Agreement or
represent
an attempt at their revision.
The Government of the FR of Yugoslavia has never ceded, nor does
it
intend to do so, the sovereignty over any part of its territory and
rejects
most strongly the tactics of deception and the diversion of attention
from the
alliance of UNMIK and KFOR with the terrorist so-called Kosovo
Liberation Army.
In particular, it repudiates all acts carried out along the line of fait
accompli.
6. UNMIK's and KFOR's non-cooperation with the competent
authorities of
the FR of Yugoslavia and the Republic of Serbia: Persistently refusing
to
cooperate with the relevant authorities in the FR of Yugoslavia and the
Republic of Serbia, KFOR and UNMIK have grossly violated the obligation
to
respect the State sovereignty and territorial integrity of the FR of
Yugoslavia
and the Republic of Serbia.
Primary responsibility for such conduct on the part of KFOR and
UNMIK
lies with the United Nations which has refused to sign with the
Government of
the FR of Yugoslavia, as the host, a comprehensive agreement on the
status of
the peace mission. In this context, it is completely unacceptable and
inappropriate to a peace mission under United Nations auspices that a
delegation of the Security Council of the United Nations avoid contact
with the
Government of the country which it visited and which invited it.

III. MASSIVE VIOLATIONS OF HUMAN RIGHTS

1. Responsibility of KFOR and UNMIK: The sole responsibility for
massive
violation of human rights in the Province, for lawlessness, chaos and
breaches
of the provisions of Security Council resolution 1244 (1999) relating to
the
preservation of the multi-ethnic, multi-religious and multi-cultural
character
of the Province is borne by KFOR and UNMIK which have become directly
accessory
to ethnic cleansing and genocide.
2. Terror and violence: Albanian terror and violence, the ethnic
cleansing of, and genocide against, non-Albanians, primarily Serbs and
Montenegrins, but also the Roma, Muslims, Turks, Goranci and other
non-Albanians, the destruction of their homes, usurpation and
destruction of
private and State property and rampant crime and chaos in Kosovo and
Metohija
continue unabated despite the presence of about 50,000 well-armed
members of
KFOR and UNMIK policemen.
An average ten people are killed or abducted in terrorist
attacks
in the
Province every day. KFOR and UNMIK have thus become complicit in the
most
serious crimes against Serbs and other non-Albanian population and bear
the
greatest responsibility for the lack of minimum security for Serbs and
non-Albanians in the Province.
Verbal support for the multi-ethnic, multi-confessional and
multi-cultural Kosovo and Metohija is a mere exercise in hypocrisy by
KFOR and
UNMIK, taking into account that due to their non-implementation and
gross
violation of Security Council resolution 1244 (1999), the former
composition of
the population has been forcibly altered.
- Ethnic cleansing: Since the deployment of KFOR and UNMIK, more
than
360,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and other
non-Albanians, accounting for two thirds of the entire non-Albanian
population
of Kosovo and Metohija, have been forcibly driven out of the Province.
However,
systematic ethnic cleansing continues while KFOR and UNMIK are doing
nothing to
prevent it.
Ethnic cleansing of Serbs and Montenegrins has already been
completed in
most of Kosovo and Metohija. Therefore, Albanian terrorists are now
concentrating, with an overt assistance and support of KFOR and UNMIK,
their
attacks on the few remaining Serb enclaves, primarily on Kosovska
Mitrovica and
some Serb villages completely surrounded by Albanians.
Unwillingness of KFOR and UNMIK to put a stop to it and cynical
insistence, at the same time, on the establishment of multi-ethnic
communities
at any cost, particularly the so-called security zones, in the remaining
Serb
enclaves testify to the direct collusion between Albanian terrorists and
international forces in Kosovo and Metohija in the process of ethnic
cleansing
of the Province of its non-Albanians, the Serbs in particular.
On the other hand, there is no mention of Pristina, for
instance, which
had a population of 40,000 Serbs and Montenegrins, of whom less than 100
remained after KFOR and UNMIK were deployed. Illustrative in this
respect is
the fact that of the former 25,000 school and university students in
Pristina
only 35 are now attending classes outside Pristina in the village of
Laplje
Selo.
KFOR and UNMIK have done nothing to restore the former
multi-ethnic
structures in Prizren, Pec, Orahovac, Djakovica, Glogovac and many other
towns
and villages of Kosovo and Metohija. On the contrary, by publicly
denying the
existence of conditions for it, the responsible officials of the United
Nations, KFOR and UNMIK are, in effect, discouraging Serbs to return in
large
numbers to their ancestral homes and directly contribute to reinforcing
the
mono-ethnicity of the Province.
Similarly, a perfidious policy of constant demonization of Serbs
aimed
at justifying the real intentions of Albanian separatists and terrorists
is
another attempt by KFOR and UNMIK to cover up their own complicity in
the
process of systematic ethnic cleansing of everything of non-Albanian,
especially Serbian provenance, in the Province.
Albanians themselves, loyal citizens of the Republic of Serbia
and the
FR of Yugoslavia who refuse to toe the line, are increasingly being
targeted by
Albanian terrorists and criminals.
During the month of May Albanian terrorists carried out a number
of
attacks on Croats living in the village of Janjevo, which has been
virtually
emptied under pressure from the terrorist so-called Kosovo Liberation
Army. (Of
its 1,500 Croat inhabitants about 350 remained behind.)
- Terrorism: 4,878 terrorist attacks (4,590 against Serbs and
Montenegrins) were carried out in the period from 10 June 1999 through
31 May
2000. In the same period 1,027 persons (902 Serbs and Montenegrins) were
killed; 955 (898 Serbs and Montenegrins) were wounded and 945 (869 Serbs
and
Montenegrins) were abducted and missing. More than 50,000 homes, mostly
those
belonging to Serbs, Montenegrins and Roma, were destroyed, burned down
or
severely damaged.
- New forms of ethnic cleansing and other serious crimes against
Serbs:
KFOR members have continued their practice of harassing Serbs. The
latest
examples thereof being the incident where KFOR armoured personnel
carriers and
dogs were used against local Serbs in the village of Babin Most,
municipality
of Obilic (on 31 May). They protested over the brutal murder of Milutin
Trajkovic.
- "Labour" camps and prisons for Serbs: KFOR and UNMIK have done
nothing
to help with the release of Serb civilians, who have been detained by
the
terrorist so-called Kosovo Liberation Army in the "labour camps" in
Kosovo and
Metohija, which are under strict control and to which not even ICRC
representatives have access. Furthermore, KFOR and UNMIK as well as
other
international humanitarian organizations have not made any effort to
have
several hundred Serbs abducted in Kosovo and Metohija and now detained
in the
Republic of Albania, set free.
Even though this is the most inhuman violation of individual
human
rights and fundamental freedoms, of which it is fully aware, the
International
Force in Kosovo and Metohija is trying to downplay the problem of
spreading the
information that there is allegedly lack of evidence and that any
parallels may
be drawn between the abducted Serbs and the Albanian terrorists and
criminals
convicted as an outcome of due process of the law and now serving their
well-deserved sentences.
- Destruction of cultural and historic sites: Destruction of
Serbian
cultural monuments, the symbols of the centuries' old roots of Serbian
statehood and spirituality in the region of Kosovo and Metohija
continues
unabated. 86 churches and medieval monasteries have been destroyed,
burned or
seriously damaged.
- Discrimination and a cultural and spiritual genocide against
Serbs:
Under the auspices of the United Nations, UNMIK has tolerated and
encouraged by
its actions discrimination against Serbs, especially in education
(closing of
universities and schools), culture and the media in the Serbian
language.
Discrimination against Serbs and Montenegrins is particularly
evident in
the judiciary, education, employment, etc. By contrast, Albanians
irrespective
of their skills are favoured to any other ethnic groups, which is a
gross
violation of the principle of equality of various ethnic communities and
the
principle of multiethnicity.
The Albanian names of streets, settlements and institutions have
been
forced upon. UNMIK has not only turned a blind eye to this practice but
has
directly taken part in it.
3. Disarmament of the terrorist so-called Kosovo Liberation
Army: The
report of UNMIK's Human Right Unit (dated 29 February 2000)
unequivocally
confirmed the well-documented arguments of the Government of the FR of
Yugoslavia that the terrorists of the so-called Kosovo Liberation Army
had
neither been disarmed nor demilitarized and that the alleged
transformation of
the terrorist so-called Kosovo Liberation Army into the so-called Kosovo
Protection Corps was a charade and a manipulation, staged to avoid the
obligation to genuinely demilitarize and disarm this illegal terrorist
organization.
KFOR and UNMIK, and Special Representative B. Kouchner in
particular,
bear full responsibility for the establishment, with their blessing, of
an
illegal Albanian armed formation, composed mostly of notorious Albanian,
as
well as international terrorists, recruited in neighbouring and other
States
known for fomenting international terrorism, including Islamic
extremists from
Chechnya.
- Criminalization of the Province: KFOR and UNMIK bear sole
responsibility for the state of chaos, lawlessness and general
criminalization
of the Province.
This state of affairs casts a long pall of disgrace over the
United
Nations, because Kosovo and Metohija has been turned into a stronghold
of
international organized crime and terrorism and a haven of narco-mafia,
smugglers of arms, purveyors of white slavery, juvenile crime and
prostitution
in Central and Western Europe. This is not only an important source of
income
for the implementation of the separatist-terrorist strategy developed by
Albanian extremists in Kosovo and Metohija, but had an important share
in the
criminalization and destabilization of Europe as a whole and in
preventing the
ongoing integration processes.
According to German federal police, Albanian criminals and
terrorists in
Kosovo and Metohija are responsible for the import of 80 per cent of
Europe's
heroin. The annual "revenue" from the laundering of "proceeds" from
illicit
trafficking in drugs and arms through a network of 200 banks and foreign
exchange bureaux amounts to US$ 1.5 billion. Even in the notoriously
biased
West, it is no longer concealed that 30-50 per cent of the money spent
on arms
by the terrorist so-called Kosovo Liberation Army derives from illicit
drug
trade.
According to UNMIK police commissioner for the Pristina area
Jules
Moreaux in the period since January 2000 alone, DM 6 million has been
stolen
from non-governmental organizations in Pristina. It is characteristic,
in this
respect, that large sums have been stolen just from one Islamic NGO.
Despite the state of an overall criminalization of the Province,
UNMIK
has started preparations to re-admit tens of thousands of Albanian
criminals
deported from Western Europe (Switzerland, Germany, etc.), thus
additionally
intensifying the ethnic cleansing of Serbs, Montenegrins, Roma and other
non-Albanians in the Province.
4. Voter registration and local elections in Kosovo and
Metohija: Under
Security Council resolution 1244 (1999), UNMIK has no authority to issue
identification documents to Yugoslav citizens of Kosovo and Metohija or
to
conduct voter registration and hold elections in the Province. In
accordance
with the sovereignty and territorial integrity of the FR of Yugoslavia,
that
right has been vested in the competent State authorities of the Republic
of
Serbia and the FR of Yugoslavia alone, in line with the existing
legislation.
Fair and democratic elections in Kosovo and Metohija will be
possible to
organize only after necessary conditions have been created and after
appropriate structures of local government (substantial autonomy) for
which
elections will be held have been established as an outcome of a
comprehensive
political process, with active and equal participation of the official
authorities and institutions of the Republic of Serbia and the FR of
Yugoslavia
and the representatives of all ethnic communities in Kosovo and
Metohija, as
well as an appropriate participation of representatives of the UN
Security
Council.
The Government of the FR of Yugoslavia repudiates strongly all
attempts
to call elections in Kosovo and Metohija as long as the basic
conditions, i.e.
peace and stability under Security Council resolution 1244 (1999), have
not
been created.
To that end, it is necessary to ensure, first and foremost, a
free and
safe return of all expelled Serbs and other non-Albanians, to deport
more than
250,000 foreign nationals who entered Kosovo and Metohija illegally
after the
deployment of KFOR and UNMIK and to reach agreement with the Government
of the
Republic of Serbia and the Government of the FR of Yugoslavia on the
basic
parameters of a political settlement for Kosovo and Metohija, in line
with
Security Council resolution 1244 (1999).
5. Political settlement as an imperative for preserving the
sovereignty
and territorial integrity of the FR of Yugoslavia and the Republic of
Serbia:
Security Council resolution 1244 (1999) and the related documents have
unambiguously reaffirmed that Kosovo and Metohija is an integral part of
the
single territory of the FR of Yugoslavia and the Republic of Serbia.
All attempts to determine parameters of "substantial autonomy"
of
Kosovo
and Metohija outside the constitutional and legal framework of the FR of
Yugoslavia and the Republic of Serbia are illegal, especially if done
without
active participation of their competent authorities. Likewise, the
Government
of the FR of Yugoslavia is strongly against the Security Council
legalizing any
document on the substance of a future autonomy for Kosovo and Metohija
which
will take any other premises as its starting-point.
- A political settlement presupposes:

(a) respect for the sovereignty and territorial integrity of the
Republic of Serbia and the FR of Yugoslavia;
(b) full discharge of the mandate of UNMIK and KFOR, in line
with
Security Council resolution 1244 (1999) and the Military Technical
Agreement,
in particular: physical and property safety for all inhabitants,
disbandment
and disarmament of the terrorist so-called Kosovo Liberation Army or its
surrogate, the so-called Kosovo Protection Corps; respect for human
rights;
free and safe return for all expelled and deportation of all foreign
nationals
illegally staying in the Province; restoration of public order and
peace; free
movement; return of Yugoslav authorities to the State border and its
full
control;
(c) autonomy within the Republic of Serbia, while guaranteeing
equality
of all citizens and ethnic communities;
(d) dialogue between legitimate representatives of ethnic
communities
and representative of the State, with appropriate participation of
representatives of the Security Council of the United Nations.
The Government of the FR of Yugoslavia most vigorously opposes
all
projects about the future status of autonomy and self-government that
provide
for the separation of this Serbian province from the present
constitutional and
legal system of the Republic of Serbia and the FR of Yugoslavia and have
no
grounding either in Security Council resolution 1244 (1999) or in the
existing
constitutional order of the FR of Yugoslavia which is inviolable.
The FR of Yugoslavia will not accept, nor will it be bound, in
any way,
by any act which strives to impose outside solutions on Kosovo and
Metohija
irrespective of their source or provenance.
6. Return of the Yugoslav Army (VJ) and police (MUP): Despite
very
clear
provisions of Security Council resolution 1244 (1999) and the Military
Technical Agreement (o.p. 4 and paras 6 and 10 of Annex 2 to the
Resolution as
well as para 4 of the Military Technical Agreement), KFOR and UNMIK
have,
without any justification, prevented the return of VJ and MUP personnel
to the
Province.

IV. RESPONSIBILITY OF THE SECURITY COUNCIL

The Security Council of the United Nations, as the guarantor of
its
resolution 1244 (1999), bears full responsibility for its
non-implementation
and gross violation, primarily of those provisions reaffirming the
sovereignty
and territorial integrity of the FR of Yugoslavia on its entire
territory.
Failing to take, in the one-year period after the adoption of
its
resolution 1244 (1999), appropriate measures to ensure its strict
compliance,
the Security Council has confirmed its unwillingness to fulfil its
obligations
under the Charter of the United Nations. Consequently, it is directly
responsible for the past adverse consequences of such conduct on its
part.
Proceeding from its sovereign rights guaranteed by the
Chernomyrdin-Ahtisaari document, Security Council resolution 1244 (1999)
and
the Military Technical Agreement, as well as bearing in mind the
irrefutable
facts that KFOR and UNMIK, and particularly Special Representative B.
Kouchner,
have systematically violated, undermined or have been unable to
implement
Security Council resolution 1244 (1999), the Government of the FR of
Yugoslavia
notes that the international mission in Kosovo and Metohija under United
Nations auspices has been a complete failure. KFOR and UNMIK, Special
Representative Kouchner in particular, are solely responsible for the
exodus,
ethnic cleansing, genocide and apartheid against Serbs, Montengrins,
Roma,
Goranci, Muslims, Turks and other non-Albanians, as well as for a
disastrous
situation in all segments of economic and social life in the Province.
By their overall conduct contrary to the provisions and goals of
Security Council resolution 1244 (1999) and the related documents, the
international security (KFOR) and civil (UNMIK) presences in Kosovo and
Metohija have betrayed the confidence placed in them by the Government
of the
FR of Yugoslavia in agreeing to the temporary deployment of this
international
mission under United Nations auspices in a part of its territory.

V. DEMANDS OF THE GOVERNMENT OF THE FR OF YUGOSLAVIA

In view of the above considerations, the Government of the FR of
Yugoslavia demands that the Security Council:
- declare null and void all acts and decisions taken by Head of
UNMIK
Bernard Kouchner, contrary to Security Council resolution 1244 (1999);
- condemn in the strongest terms, put an end to the activity of
Bernard
Kouchner and withdraw from Kosovo and Metohija the forces of KFOR and
UNMIK,
who are directly responsible for the systematic violation of Security
Council
resolution 1244 (1999) and for countless loss of life, untold suffering
of the
Serbian and other non-Albanian population as well as for the damage
caused by
the Albanian terrorists in the presence of tens of thousands of KFOR and
UNMIK
members;
- urgently take all necessary measures to ensure full and
consistent
implementation of its resolution 1244 (1999);
- most strongly condemn continued aggression of the North
Atlantic
Treaty Organization against the FR of Yugoslavia through material,
political
and media support to the Albanian separatists and terrorists in Kosovo
and
Metohija whose activities, in conjunction with the obstruction of the
implementation of its resolution 1244 (1999) by UNMIK and KFOR, are
aimed at
destabilizing and breaking up the territorial integrity of the FR of
Yugoslavia, at reshaping its internationally recognized borders and, by
extension, at causing widespread instability and conflict in the region
with
unforeseeable consequences on peace and security in the Balkan region;
- take all necessary steps to compensate for the damage and
other
losses
inflicted on the population, the economy and cultural heritage of Kosovo
and
Metohija by UNMIK and KFOR and by the terrorist and criminal gangs they
are
supporting.


Belgrade, 7 June 2000



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