>
>
> Date: Fri, 03 Mar 2000 08:38:47 -0500
>
>
>
>MEMORANDUM
>OF THE GOVERNMENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA ON THE
>IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1244 (1999)
>
>
> I COMMUNICATIONS ADDRESSED BY THE GOVERNMENT OF THE FR OF
>YUGOSLAVIA TO THE
> UN SECURITY COUNCIL, UN SECRETARY-GENERAL,
>KFOR, UNMIK AND OTHER INTERNATIONAL ORGANIZATIONS
>
>1. Persistent warnings to the violations of UN SC resolution 1244 (1999)
>
> Since the adoption of UN SC resolution 1244 (1999) and the
>establishment
>of international security (KFOR) and civilian (UNMIK) presences in
>Kosovo
>and Metohija, under the auspices of the United Nations, the Government
>of
>the FR of Yugoslavia has continuously warned the responsible
>representatives of the UN, above all the Security Council, to the
>drastic
>violation of key provisions of the Resolution and insisted that all
>measures from its competencies be undertaken with a view to its
>consistent
>implementation.
>
> - Memorandums of the Government of the FR of Yugoslavia: By its
>Memorandums of 27 July and 4 November 1999, containing examples
>described
>in detail of flagrant violations of UN SC resolution 1244 (1999) and its
>
>related documents, the Yugoslav Government warned the Security Council
>of
>the worrisome developments in Kosovo and Metohija since the deployment
>of
>KFOR and UNMIK in the southern Serb Province.
>
> On the basis of clear examples on the failures, i.e. on illegal
>conduct
>and direct violations of the key provisions of the Resolution and its
>related documents by KFOR and UNMIK, the Government of the FR of
>Yugoslavia
>demanded the Security Council, as an organ with primary responsibility,
>to
>undertake energetic and immediate measures towards strict implementation
>of
>UN SC resolution 1244 (1999) and the Military Technical Agreement (MTA),
>in
>order to put an end to dramatic deterioration of the situation, to
>ensure
>the normalization of security situation, as well as full safety of
>person
>and property of the entire population in the Province.
>
> - The Government of the FR of Yugoslavia, in more than its 50
>communications to the Security Council, continuously pointed to the
>drastic
>examples of non-compliance with or gross violations of the mandate of
>KFOR
>and UNMIK, particularly related to the violation of the sovereignty and
>territorial integrity of the FR of Yugoslavia in Kosovo and Metohija, as
>
>well as to the continuation of terror, ethnic cleansing and genocide of
>Albanian terrorists and separatists against the Serbs, Montenegrins,
>Roma,
>Turks, Goranci and other non-Albanian population in the Province.
>
> - Through its Committee for Cooperation with the UN Mission in
>Pri?tina,
>the Yugoslav Government has forwarded more than 100 letters, protests
>and
>demands to the head of UNMIK and KFOR commander, in connection with the
>implementation of their mandate, clearly established by UN SC resolution
>
>1244 (1999).
>
> 2. Passive attitude of UN SC and other bodies of international
>community
>
> - Despite its clear obligations arising from UN SC resolution
>1244 (1999)
>and its related documents, the Security Council has failed so far to
>undertake the measures to ensure its strict implementation seriously
>undermining the authority of the United Nations and thus eroding the
>credibility in genuine readiness of the world Organization to live up to
>
>its obligations.
>
> - In view of the continuous and dramatic deterioration of the
>situation
>and drastic violations of fundamental human rights, as well as of
>destruction of historical and cultural monuments, constituting an
>integral
>part of the world cultural heritage, the Government of the FR of
>Yugoslavia
>has informed timely and in a well-documented way other international
>organizations engaged in Kosovo and Metohija (UNHCR, UNHCHR, UNESCO,
>ICRC,
>OSCE, EU, Council of Europe, etc.) about the continued worsening of the
>situation in the Province and demanded that they fulfil their share of
>responsibility in accordance with SC resolution 1244 (1999) and other
>relevant international legal instruments within their field of activity.
>
>II SYSTEMATIC VIOLATIONS OF UN SECURITY COUNCIL RESOLUTION 1244 (1999)
>AND
>MILITARY TECHNICAL AGREEMENT
>
>1. Systematic violation of the sovereignty and territorial integrity of
>the
>FR of Yugoslavia and the mandate of UN Security Council
>
> a) UN SC resolution 1244 (1999) unambiguously confirms the
>sovereignty and
>territorial integrity of the FR of Yugoslavia in Kosovo and Metohija
>(preambular para 10; subpara 8, Annex 2)
>
> - Decisions of UNMIK and KFOR: Regulations of UN Secretary
>General Special
>Representative and head of UNMIK B. Kouchner lack basis in the
>resolution
>and are aimed at severing all ties between Kosovo and Metohija and the
>Republic of Serbia and the FR of Yugoslavia, i.e. totally 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 UN SG Special Representative
>for Kosovo
>and Metohija B. Kouchner, systematically and directly undermine the
>State
>sovereignty of the FRY in Kosovo and Metohija as a basic principle
>guaranteed by SC resolution 1244 (1999) and bring into question the
>legal
>basis and attributes of statehood of the State of Serbia and the FR of
>Yugoslavia, in the southern Serb Province, as an integral part of the
>sovereign territory of the Republic of Serbia and of the FR of
>Yugoslavia.
>
> - Special Representative Kouchner has, without consulting legal
>representatives of the Republic of Serbia and the FR of Yugoslavia,
>illegally established the so-called Interim Administration Council, de
>facto Provincial "Government", composed exclusively of Albanians, mostly
>
>from the ranks of the terrorist so-called KLA and separatist Albanian
>political parties, which represent an attempt of legalizing ethnic
>supremacy of Albanians, with a view to creating an ethnically pure
>Kosovo
>and Metohija.
>
> - The developments in the Province unambiguously confirm that
>the claims
>of the Government of the FR of Yugoslavia to the effect that the UNMIK
>decision on the transformation of the terrorist KLA in an alleged
>civilian
>organization - "Kosovo Protection Corps" are justified. This decision is
>
>not only illegal as it lacks basis whatsoever in SC resolution 1244
>(1999)
>and its related documents. It is also one of the main generators of
>exacerbating the situation and the crisis in the Province. The attack of
>
>well-armed members of the so-called Kosovo Protection Corps on a patrol
>of
>the Republican Ministry of the Interior near Bujanovac, outside the
>administrative area of Kosovo and Metohija, unambiguously confirms that
>the
>so-called Kosovo Protection Corps is not any "civilian" creation - its
>members are re-cycled terrorists of the so-called KLA, whose combat
>structure and command personnel have been fully kept, creating a core of
>a
>future Albanian army in Kosovo and Metohija, as has been publicly
>pointed
>out by its "commander", notorious terrorist A. Cheku.
>
> In that connection, the Government of the FR of Yugoslavia
>recalls to its
>clear position presented in a letter to the President of the Security
>Council of 22 September 1999, stating that failure to demilitarize the
>so-called KLA and the establishment of the "Kosovo Protection Corps" was
>a
>farce and a manipulation.
>
> - Building of military bases: The Government of the FR of
>Yugoslavia most
>energetically opposes the building of military bases of KFOR in a part
>of
>its sovereign territory, without its approval. It represents the most
>flagrant violation of its sovereignty and provisions of UN SC resolution
>
>1244 (1999), as well as the existing laws of the Republic of Serbia and
>the
>FR of Yugoslavia. The building of foreign bases without the approval of
>the
>receiving State is contrary to the character and spirit of peace
>missions
>under the auspices of the United Nations and represents a dangerous
>precedent, contrary to the fundamental principles and purposes of the
>United Nations.
>
> - Military exercises of NATO/KFOR: Possible military exercises
>of NATO and
>KFOR in the Province, which are according to the international media due
>in
>March, represent the most flagrant threat to the territorial integrity
>and
>sovereignty of the FR of Yugoslavia and is in the function of direct
>support to the Albanian separatism and terrorism. Such provocative
>conduct
>on the part of KFOR represents a factor of serious destabilization of
>the
>region and directly threatens peace and stability in Europe.
>
> UN Security Council is obliged to prevent any act of violation
>of UN SC
>resolution 1244 (1999) and to eliminate a source of instability in the
>region.
>
> - Representation of some countries: Tolerating the establishment
>of
>foreign missions in the Province, without consultations and approval of
>the
>Government of the FR of Yugoslavia, represents a gross violation of the
>principle of the sovereignty and territorial integrity of the FR of
>Yugoslavia. In line with that, Kouchner's draft regulation on
>"immunities
>and privileges of the liaison offices of foreign Governments in Kosovo"
>is
>totally unacceptable, since it grossly violates the principles of the UN
>
>Charter, provisions of the Vienna Conventions on diplomatic and consular
>
>relations and the Convention on the Privileges and Immunities of the
>United
>Nations as well as prevailing international practice.
>
> - The sovereignty and territorial integrity of the FR of
>Yugoslavia are
>inviolable: overall conduct, decisions of KFOR and UNMIK particularly of
>
>the UN SG Special Representative and head of UNMIK B. Kouchner,
>disregarding or violating the principle of sovereignty and territorial
>integrity of the FR of Yugoslavia, as well as all measures, acting and
>failing to act, contrary to the UN SC resolution 1244 (1999) or MTA, or
>represent an attempt at their revision, the FR of Yugoslavia considers
>illegal and they cannot have any legal effect or be binding on the FR of
>
>Yugoslavia or its organs in any way.
>
> The FR of Yugoslavia warns that it has never ceded or
>intends to cede the
>sovereignty over any part of its territory and resolutely rejects the
>tactics of manipulating or diverting the attention from the alliance of
>UNMIK and KFOR with the terrorist so-called KLA. It particularly refuses
>
>all moves in line with fait accompli acts.
>
> 2. Massive violations of human rights
> Terror and violence : Albanian terror and violence, ethnic
>cleansing and
>genocide against non-Albanian population, above all the Serbs and
>Montenegrins, but also Roma, Muslims, Turks, Goranci and others,
>destruction of their homes, usurpation and destruction of private and
>State-owned property, rampant crime and chaos in the Province, continue
>despite the presence of almost 50,000 armed members of KFOR and around
>2,200 UNMIK policemen. That speaks convincingly that KFOR and UNMIK do
>not
>fulfil their basic obligations arising from their mandate, particularly
>in
>terms of guaranteeing full personal and property security and safety of
>all
>citizens in the Province, above all the Serbs and Montenegrins, who have
>
>been exposed to systematic ethnic cleansing, terror, killings and
>abductions.
>
> The Government of the FR of Yugoslavia insists that KFOR and
>UNMIK fulfil
>without delay all their obligations and create as soon as possible the
>conditions for a safe return of all expelled persons to Kosovo and
>Metohija.
>
> Ethnic cleansing: Since the deployment of KFOR and UNMIK, more
>than
>350,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and other
>non-Albanians were forcibly driven out of the Province. Terrorists are
>increasingly targeting Albanians, loyal citizens of the Republic of
>Serbia
>and the FR of Yugoslavia, who refused to obey the demands of Albanian
>terrorists and criminals.
>
> - It is worrying that during the course of last week only an
>additional
>more than 16,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and
>other non-Albanians were driven out of the Province.
>
> The latest instances of intimidation of Serbs in Kosovska
>Mitrovica, in
>which KFOR directly played a part, are yet another example of the policy
>of
>pressure brought to bear on Serbs, which proves to work, with a view to
>completing the ethnic cleansing of the Province.
>
> - Terrorism: In the period from 12 June 1999 through 27 February
>2000,
>there was a total of 4,354 terrorist attacks (4,121 against Serbs and
>Montenegrins); 910 persons (811 Serbs and Montenegrins) were killed; 802
>
>(751 Serbs and Montenegrins) were wounded; and 821 (757 Serbs and
>Montenegrins) were abducted. More than 50,000 homes, mostly those
>belonging
>to Serbs, Montenegrins and Roma, were destroyed, burned down or severely
>
>damaged.
>
> - The latest serious crimes: Those which were particularly
>gruesome and
>which stuck out by their motive were the following: the shelling of the
>Serbian village of Gora?devac (on 7 January); the brutal murders of the
>Muslim Skenderi family of four in Prizren (on 11 January); the murders
>of
>three Serbs who returned to the village Pasjane (on 16 January); the
>rape
>and murder of an 11-year old Albanian girl from Vitina by a KFOR soldier
>
>(on 11 January); a RPG attack on a UNHCR bus (on 2 February) in which
>two
>Serbs died and several other sustained injuries; a hand grenade attack
>on
>the cafe "Belamy" in Kosovska Mitrovica (on 3 February) injuring 30
>Serbs,
>8 of them seriously; armed attacks against the Serbian villages of
>Banje,
>Svinjare and Suvo Grlo (on 5 February), Lipljan and Bresje (on 7
>February);
>tearing down of the memorial to the Serbian hero Milo? Obili? in a small
>
>town also called Obili? (on 7 February); the murder of doctor Josif
>Vasi?
>and wounding of doctor Vjenceslav Grozdanovi? from Gnjilane (on 26
>February).
>
> - Terrorists attacks outside the Province: In the belief that
>the
>destabilization of the situation on the widest possible territory
>facilitates the achievement of their separatist goals, Albanian
>terrorists
>are increasingly launching attacks on civilians and law enforcement
>officials outside the administrative boundaries of the Province. The
>most
>recent instance of spilling over terrorism beyond Kosovo and Metohija is
>
>the attack against a Serbian police patrol on road between Bujanovac and
>
>Gnjilane, on 26 February 2000. Police major Slavi?a Dimitrijevi? was
>killed
>in the attack and three other police officers were hurt. One of the
>attacking terrorists by the name Fatmir Ibi?i got killed. He was a
>member
>of the so-called Kosovo Protection Corps (KPC), which is a clear
>indication
>that the so-called KPC has continued to act as a legalized so-called
>KLA.
>
> - "Labour camps" for Serbs: The prisons, run by the terrorist
>so-called
>KLA throughout Kosovo and Metohija, house several hundred abducted
>Serbian
>civilians, who have been placed in "labour camps" controlled by the
>so-called KLA. The abductees have been subjected to extremely cruel and
>inhuman treatment in these "labour camps" located in the village of
>Mati?ane, 15 kilometres away from Pri?tina, as well as in the village of
>
>Du?anovo near Prizren and in Drenica. Access to these people is strictly
>
>forbidden, even by ICRC representatives.
>
> Additionally, another some 350 Serbs, who have been abducted in
>Kosovo and
>Metohija, are now in the Republic of Albania.
>
> The international forces in Kosovo and Metohija are aware of the
>existence
>of such prisons for the abducted Serbs, but no steps or actions have
>been
>taken to get them released. All this, despite the fact that it
>represents
>the most inhuman violation of individual human rights and freedoms.
>
> - Destruction of cultural and historic sites: The genocidal
>crusade
>against Orthodox Christianity, holy places and memorials at the time
>when a
>thousand years of Christianity is observed, resulted in the destruction,
>
>burning or extensive damage to 84 churches and monasteries. The burning
>and
>destruction of the churches, monasteries and cultural and historic sites
>
>are also aimed at wiping out the historic traces of Serbian spirituality
>
>and statehood, all serving the purpose of denying the State sovereignty
>and
>territorial integrity of the Federal Republic of Yugoslavia over Kosovo
>and
>Metohija, in outright violation of UN Security Council resolution 1244
>(1999) and its related documents.
>
> - Discrimination against Serbs and a cultural and spiritual
>genocide of
>Serbs is particularly manifest through the closure of universities,
>schools, theatres and media outlets in Serbian language on the pretext
>of
>alleged efforts to keep the multi-ethnic, multi-cultural and
>multi-religious structures in the Province. The fact that this is done
>where the Serbs have managed to live in larger numbers clearly shows
>that
>KFOR and UNMIK directly encourage the aspirations of Kosovo Albanian
>terrorists towards breaking apart the ethnically solid Serbian
>communities,
>and that they openly pressurize Serbs into leaving their ancestral
>homes.
>
> - The policy of double standards applied by UNMIK has deprived
>not only
>Serbs but also Roma, Muslims, Turks and Goranci of their jobs in favour
>of
>Albanians, constituting a gross violation of the principle of equality
>and
>multi-ethnicity.
>
> - KFOR and UNMIK bear 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-confessional and multi-cultural
>character of the Province, by becoming outright accessory to ethnic
>cleansing and genocide.
>
> 3. Disarming of the terrorist so-called KLA
>
> - Daily terrorization, violence, killings and destruction of
>Serbian homes
>and settlements, cafes and other places frequented by Serbs in massive
>numbers in those remaining Serbian enclaves, as well as attacks on
>civilians and Yugoslav security forces beyond the boundaries of the
>Province, with the use of heavy ordnance even, all testify to the fact
>that
>the terrorist so-called KLA has not been disarmed.
>
> - Leaders of these terrorist/separatist formations, Hashim
>Thaqi, Agim
>Cheku and others, make no bones that one of their separatist aims is to
>establish an Albanian army in Kosovo and Metohija with the so-called KPC
>as
>its core, meaning nothing else that it would be a "transformed"
>terrorist
>so-called KLA.
>
> The Government of the FR of Yugoslavia recalls once again its
>position,
>expressed in the letter of 22 September 1999 to the President of the
>Security Council, that purported transformation of the terrorist
>so-called
>KLA into the so-called "Kosovo Protection Corps" was a sham and a
>manipulation, so as to avoid the obligation of a genuine
>demilitarization
>and disarming of this illegal terrorist organization, a fact
>increasingly
>openly admitted even by the biased media and some Western politicians.
>
> - KFOR and UNMIK, in particular Bernard Kouchner, bear full
>responsibility
>that the so-called KLA has not yet been disarmed, and that with their
>blessing, an illegal Albanian armed formation was created, composed
>mostly
>of proven Albanian but also of international terrorists recruited in
>neighbouring and other States known for sponsoring international
>terrorism.
>There is information that Islamic extremists from Chechenya are
>sheltering
>in large numbers in Kosovo and Metohija where they enjoy the protection
>of
>KFOR and UNMIK.
>
> - Thriving crime in the Province: Another direct proof that KFOR
>and UNMIK
>have failed to discharge their mandates strictly, notably with respect
>to
>securing the international borders of the FR of Yugoslavia with Albania
>and
>Macedonia, is their patronizing attitude towards Albanian terrorists and
>
>separatists who enter the FR of Yugoslavia without hindrance, which is
>the
>main cause for the thriving crime and chaos in the Province.
>
> - As a result of an unprotected border, in flagrant violation of
>Security
>Council resolution 1244 (1999), KFOR and UNMIK have allowed illegal
>entry
>into the Province of several hundred thousand criminals and looters from
>
>Albania, aimed at spilling over the chaos from Albania into Kosovo and
>Metohija. Kosovo and Metohija have, thus, been turned into a stronghold
>of
>organized international crime, terrorism, narco mafia, illicit arms
>trafficking, white slavery, juvenile crime and prostitution rackets in
>Central and Western Europe, with a view to rampant crime and
>destabilization of Europe and preventing the ongoing integration
>processes.
>
> 4. Civil registration and elections in Kosovo and Metohija
>
> - Against a background of continuing terror, final stages of the
>ethnic
>cleansing of Serbs and other non-Albanian population in the Province,
>absence of conditions for the return of over 350,000 expellees and a
>presence of a couple of hundred thousand illegal foreign citizens in
>Kosovo
>and Metohija, it is evident that there are not even the basic conditions
>
>for civil registration in the context of the preparations for the
>elections
>to be held in near future. Ignoring these facts and insistence by OSCE
>and
>UNMIK to proceed to civil registration in the circumstances described
>represent an attempt at the policy of fait accompli and at encouraging
>the
>further destabilization of the Province along the lines of achieving the
>
>separatist goals of Albanian extremists.
>
> The Government of the FR of Yugoslavia strongly rejects any
>attempt at
>calling for early elections in the Province until basic conditions are
>not
>met, i.e. consolidated peace and stability on the basis of Security
>Council
>resolution 1244 (1999) implying first of all a free and safe return of
>all
>expelled Serbs and other non-Albanian population, and until basic
>parameters for the political settlement in Kosovo and Metohija are
>agreed
>with the Government of the FR of Yugoslavia.
>
> 5. Delaying the return of Yugoslav Army (VJ) and police (MUP)
>
> - In a situation in which KFOR and UNMIK do not carry out their
>mandate of
>guaranteeing full personal safety and safety of property for all the
>population and of providing conditions for a safe and unimpeded return
>of
>all displaced persons and refugees, undue delays in the implementation
>of
>the provisions of the Military Technical Agreement relating to the
>return
>of VJ and MUP (UNSCR 1244, op. para 4; Annex 2, subpara 6 and 10; MTA
>paragraph 4) additionally encourage Albanian terrorists to continue with
>
>their daily terrorization of Serbs and other non-Albanians with the aim
>at
>completing the ethnic cleansing of the Province.
>
> The Yugoslav Government insists that this obligation is
>fulfilled
>immediately and without any conditions.
>
> 6. Responsibility of the United Nations Security Council
>
> The Security Council, as guarantor for its resolution 1244
>(1999), is
>responsible for strict compliance with all provisions of the resolution
>and
>its related documents, primarily those reaffirming the sovereignty and
>territorial integrity of the FR of Yugoslavia on all its territory, as
>well
>as for the respect of general standards in the implementation of UN
>peace-keeping operations, above all the universal principles of the
>United
>Nations Charter, International Covenants on human rights, etc. This
>responsibility includes the obligation of the Council to prevent any
>departing from, delaying of the implementation or arbitrary
>interpretation
>of the provisions of its resolution 1244 (1999) and its related
>documents.
>Only the Security Council has the authority to give a binding
>interpretation of the provisions of its resolutions. Continued gross
>violations of the provisions of the Resolution and its related documents
>by
>KFOR and UNMIK which brought about an alarming development of the
>situation
>in the Province, have not been responded to by adequate measures of the
>Security Council to put an end to such dangerous developments. This
>confirms that the Security Council has not fulfilled its obligations and
>
>therefore it is held directly accountable for the detrimental
>consequences
>caused by such conduct.
>
> Proceeding from the fact that it has fulfilled all its
>obligations under
>Security Council resolution 1244 (1999) and its related documents, the
>Government of the FR of Yugoslavia insists that all other responsible
>factors, and primarily the Security Council as the most responsible
>organ,
>carry out immediately and unconditionally their share of responsibility
>
>
> III ASSESSMENT OF CURRENT DEVELOPMENT OF THE SITUATION
> IN KOSOVO AND METOHIJA
>
>1. Overall performance of KFOR and UNMIK
>
> The results of the nine-month long international security (KFOR)
>and
>civilian (UNMIK) presence in the south Serbian Province are extremely
>weak.
>The utterly disturbing situation is characterized by wide-spread crime
>and
>terror, chaos and lawlessness, genocide and ethnic cleansing of Serbian
>and
>other non-Albanian population, destruction of their private property,
>looting and usurpation of the property of the State and of private
>firms,
>carried out by armed Albanian extremists, members of the terrorist
>so-called KLA in particular.
>
> - Multiethnic Kosovo and Metohija - hypocrisy of KFOR and UNMIK:
>In spite
>of verbal pledges of KFOR and UNMIK to preserve multiethnic character of
>
>the Province, the activities and behaviour of international presence in
>Kosovo and Metohija are quite opposite. The fact that over 350 thousand
>citizens of the Province, out of whom 270 thousand Serbs and
>Montenegrins,
>have been forcibly driven out of Kosovo and Metohija in the presence of
>international force and under its auspices and mandate, is totally
>alarming
>and disastrous for the reputation of the world Organization.
>
> - Ethnic cleansing of Serbs and Montenegrins in the largest part
>of the
>Province has been already accomplished. Now, the remaining isolated
>Serbian
>enclaves, above all Kosovska Mitrovica as the largest one, have become
>the
>target of Albanian terrorists and of sensless moves of KFOR and UNMIK
>which
>add more fuel to the flames.
>
> The insisting of KFOR and UNMIK on the establishment of
>multiethnic
>communities in the remaining Serbian enclaves in particular is both
>unconvincing and cynical, since at the same time no one is even
>mentioning
>for example Pri?tina in which about 40 thousand Serbs and Montenegrins
>used
>to live before the arrival of KFOR and UNMIK, and now less than two or
>three hundred of them remain. There is not a word about the situation in
>
>Prizren, Pe?, Orahovac, Djakovica, Glogovac and many other towns,
>villages
>and areas in Kosovo and Metohija, like Kosovo Pomoravlje, which are also
>
>completely ethnically cleansed of Serbs and Montenegrins, while the
>issue
>of their return to their homes is not even the subject of at least
>formal
>rhetoric of responsible KFOR and UNMIK representatives.
>
> The action of searching the houses of Serbs in Kosovska
>Mitrovica brutally
>carried out by the members of American and German contingent of KFOR,
>which
>coincided with unhampered arrival of thousands of Albanian extremists
>led
>by terrorists of the so-called KLA to Kosovska Mitrovica in order to
>threaten and frighten the remaining Serbs irrefutably testifies to the
>cooperation and collusion of KFOR and UNMIK with Albanian terrorists, as
>
>well as of their active engagement in the concept of changing borders in
>
>the Balkans to create the so-called Greater Albania. At the same time,
>this
>is the latest confirmation of the proven policy of demonizing Serbs in
>order to justify the real goals -the ending of the campaign of ethnic
>cleansing of Serbs in the Province, and to conceal the facts that the
>members of the so-called KLA have been neither demilitarized nor
>disarmed.
>This is the main reason why, the OSCE condemned in its report of 21
>February the house searching operations pointing out that KFOR has
>violated
>thereby the provisions of the International Covenant on Civil and
>Political
>Rights and establishing that the action was illegal which was also
>brought
>to the attention of the head of UNMIK, Bernard Kouchner.
>
> - Non-compliance and gross violations of the basic provisions of
>Security
>Council resolution 1244 (1999) and its related documents by KFOR and
>UNMIK,
>has resulted directly in the dramatic security and general situation in
>the
>Province, above all in the continuation of Albanian terrorism, violence
>and
>ethnic cleansing of Serbs and other non-Albanian population and wide
>scale
>crime and lawlessness in the Province. Thus KFOR and UNMIK have become
>accomplices in the most serious crimes committed against Serbs and other
>
>non-Albanian population and they are responsible mostly for the
>non-existence of elementary security of Serbs and non-Albanian
>population
>in the Province.
>
> The tested tactics of deluding the world public and of diverting
>the
>attention from the complete fiasco of international mission under the
>auspices of the United Nations is being applied in Kosovo and Metohija.
>After practically completed ethnic cleansing and destruction of
>everything
>that is related to Serbs and non-Albanians, any attempt to look for the
>guilty ones among few Serbs who remained is not only a cynicism but also
>a
>proof of direct protection of terrorists and separatists, of organized
>international crime and of the continuation of a new form of aggression
>against the FR of Yugoslavia which characterizes the alliance between
>NATO
>and terrorist so-called KLA. Such activity is obviously aimed at
>spreading
>the destabilization over the entire region of southeastern Europe. In
>this
>way Kosovo and Metohija is being transformed into a centre of prolonged
>destabilization of Europe, and the entire region into a centre for the
>concentration and spreading of international terrorism which deeply
>penetrated into the tissue of Europe and through Kosovo and Metohija
>should
>be spread and jeopardize the process of integration.
>
> The continuous deterioration of the overall situation in the
>Province is
>in line with the efforts to provoke artificially the prolonged
>destabilization in the region which should justify the existence of NATO
>
>and to rehabilitate its prestige and credibility which have been
>seriously
>brought into question by its illegal aggression against the FR of
>Yugoslavia.
>
> Therefore, the statements of KFOR and UNMIK representatives of
>alleged
>success of the international mission in the Province are unacceptable
>and
>completely biased, since it is clear that they are not founded on real
>situation on the ground and consequently this can lead to the conclusion
>
>that they are based on the assessment of some other goals which are
>different from those set up in Security Council resolution 1244 and its
>related documents. The statements that the number of crimes has been
>reduced in absolute terms are unacceptable because this is the result
>only
>of a continuous reduction of the number of Serbs and other non-Albanian
>population who are the victims of Albanian terrorists.
>
> - Cooperation of KFOR and UNMIK with separatists and terrorists
>in
>jeopardizing the sovereignty and territorial integrity of a sovereign
>Member State of the United Nations, in systematic violation of the
>Charter
>of the United Nations, international law, Security Council resolution
>1244
>and Military Technical Agreement, incites not only the security and
>legal
>chaos in the Province but dangerously undermines the security
>foundations
>in the entire region. Such behaviour of international forces under the
>auspices of the Untied Nations is without a precedent in the history of
>United Nations peace-keeping missions, whereby the reputation and
>authority
>of the United Nations are seriously brought into question.
>
> - Strict implementation of the Resolution and its related
>documents is
>the main precondition for the normalization of the overall situation in
>the
>Province and the obligations of all to unconditionally observe that.
>2. An imperative to normalize the situation in Kosovo and Metohija
>
> All parameters unambiguously confirm that the developments in
>the Province
>are moving towards the further worsening of the overall situation which
>will become even more complex and dangerous with possible far-reaching
>adverse consequences on the entire region. By the gross violation of the
>
>provisions of the Resolution and by their overall conduct, KFOR and
>UNMIK
>have unambiguously confirmed that the presence of international forces
>under the auspices of the United Nations in Kosovo and Metohija is a
>complete fiasco. The United Nations Security Council bear primary
>responsibility for this since it failed to undertake necessary and
>energetic measures it was bound to under the Resolution, and to ensure a
>
>strict implementation of the provisions of the Resolution and its
>related
>documents.
>
> Therefore, it is necessary to put an end as soon as possible to
>this
>shameless mission of the so-called international community in Kosovo and
>
>Metohija since it is obvious that it could not or did not want to
>implement
>the mandate entrusted upon it by Security Council resolution 1244
>(1999),
>and to let the competent authorities of the FR of Yugoslavia and
>Republic
>of Serbia to restore in the Province: order and peace, rule of law and
>legality; personal protection and the protection of the property of all
>its
>citizens irrespective of their ethnic origin or religion, as well as to
>ensure normal functioning of all commercial entities and local
>authorities
>and normalization of entire life in the Province, as a necessary
>prerequisite for launching political dialogue between the
>representatives
>of the State and ethnic communities in Kosovo and Metohija about the
>parameters of autonomy and self-governance in the Province.
>
> IV DEMANDS OF THE GOVERNMENT OF THE FR OF YUGOSLAVIA
>
> Proceeding from its sovereign rights, guaranteed by Security
>Council
>resolution 1244 (1999), Ahtisaari-Chernomyrdin document and Military
>Technical Agreement, the Government of the FR of Yugoslavia reiterates
>its
>demand:
>
> - that the Security Council undertake urgently energetic
>measures to
>ensure strict respect of all provisions of the Resolution and its
>relevant
>documents, above all those which confirm sovereignty and territorial
>integrity of the FR of Yugoslavia on its entire territory;
>
> In this context, the Yugoslav Government insists in particular :
>
>
> - that UNMIK and KFOR unconditionally and without delay respect
>and
>implement the mandate set up in the Resolution and its relevant
>documents;
>
> - that sovereignty and territorial integrity of the FR of
>Yugoslavia and
>the Republic of Serbia be strictly respected in Kosovo and Metohija and
>in
>this context full normalization of functioning of customs, border
>regime,
>public services (PTT, power supply system, railway, banking system) be
>ensured in accordance with the laws of the Republic of Serbia and the FR
>of
>Yugoslavia and principles of market-oriented economy in view of
>restoring
>the ties of the Province with the Republic of Serbia and the FR of
>Yugoslavia which have been artificially broken and of guaranteeing the
>unconditional return of Yugoslav border authorities, customs and
>passport
>control to the State border of the FR of Yugoslavia with Albania and
>Macedonia;
>
> - that all regulations and other decisions of UNMIK and KFOR
>which violate
>territorial integrity and sovereignty of the FR of Yugoslavia and the
>Republic of Serbia be revoked, that the respect for the laws in force of
>
>the FR of Yugoslavia and the Republic of Serbia be ensured on their
>entire
>territory;
>
> - that all illegally seized State, public, socially-owned and
>private
>property primarily PTT, power supply system, railway, banks, mines,
>factories, firms, be returned to legal owners.
>
> - that immediately a safe environment for all citizens and their
>full
>personal safety and safety of their property be ensured;
>
> - that energetic measures be taken to end terrorization,
>intimidation and
>ill-treatment of the population belonging to the Serbian, Roma, Muslim,
>Goranci, Turk and other non-Albanian ethnic communities, as well as a
>halt
>to the use of force resulting in the violation of their fundamental
>human
>rights and an immediate end to the ethnic cleansing of the Province of
>its
>non-Albanians;
>
> - that a free and safe return to the Province be ensured to more
>than
>350,000 Serbs, Montenegrins, Roma, Goranci, Turks, Egyptians and other
>inhabitants expelled in a campaign of ethnic cleansing after UNMIK and
>KFOR
>came to the Province;
>
> - that immediately several hundred thousand citizens of Albania
>who have
>illegally entered the Province be expelled;
>
> - that the combat structures of the terrorist so-called KLA be
>disbanded
>and all its members disarmed as well as other Albanian armed gangs, that
>
>all their weapons be destroyed, which is the main reason for the lack of
>
>security in the Province and for overall thriving crime, and in
>particular
>to declare null an void the document on the "transformation" of the
>so-called KLA;
>
> - that, without delay, an unhampered return of the mebers of VJ
>and MUP to
>Kosovo and Metohija be allowed, in compliance with the MTA, in the
>interest
>of normalizing security and preventing further massive expulsions of the
>
>remaining Serbs and other non-Albanian population from the Province;
>
> - that full freedom of movement on the entire territory of the
>Province be
>ensured and that all existing ghettos, detention camps, blockading of
>towns
>and villages, such as Kosovska Mitrovica, Orahovac, Gnjilane and others,
>
>where the remaining Serbs now live, be removed;
>
> - that an unimpeded delivery of humanitarian assistance be
>enabled;
>
> - that normal functioning of education, respect for the autonomy
>of
>university and other educational and cultural institutions and the
>media,
>especially those in Serbian language and wherever Serbs are predominant
>(Kosovska Mitrovica, etc.) be ensured;
>
> - that full and permanent protection of remaining cultural and
>historic
>monuments, medieval monasteries, churches and cemeteries be ensured;
>that
>without delay, the leaders of the so-called KLA, H. Thaqi and A. Cheku
>in
>the first place, as well as all other instigators of serious crimes,
>genocide, ethnic cleansing and terrorist acts against the non-Albanian
>population, their property and State and public property, and against
>cultural and historic sites, educational, health, commercial and other
>institutions and facilities, be held accountable and punished in an
>exemplary fashion;
>
> - that without any further delay, a comprehensive agreement
>between the FR
>of Yugoslavia and the United Nations on regulating the status of the
>international presence under the auspices of the United Nations in
>Kosovo
>and Metohija and on other relevant issues, be concluded without further
>delay.
>
>
> Belgrade, 1
>March 2000
>
>
>
--------- COORDINAMENTO ROMANO PER LA JUGOSLAVIA -----------
RIMSKI SAVEZ ZA JUGOSLAVIJU
e-mail: crj@... - URL: http://marx2001.org/crj
http://www.egroups.com/group/crj-mailinglist/
------------------------------------------------------------
>
> Date: Fri, 03 Mar 2000 08:38:47 -0500
>
>
>
>MEMORANDUM
>OF THE GOVERNMENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA ON THE
>IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1244 (1999)
>
>
> I COMMUNICATIONS ADDRESSED BY THE GOVERNMENT OF THE FR OF
>YUGOSLAVIA TO THE
> UN SECURITY COUNCIL, UN SECRETARY-GENERAL,
>KFOR, UNMIK AND OTHER INTERNATIONAL ORGANIZATIONS
>
>1. Persistent warnings to the violations of UN SC resolution 1244 (1999)
>
> Since the adoption of UN SC resolution 1244 (1999) and the
>establishment
>of international security (KFOR) and civilian (UNMIK) presences in
>Kosovo
>and Metohija, under the auspices of the United Nations, the Government
>of
>the FR of Yugoslavia has continuously warned the responsible
>representatives of the UN, above all the Security Council, to the
>drastic
>violation of key provisions of the Resolution and insisted that all
>measures from its competencies be undertaken with a view to its
>consistent
>implementation.
>
> - Memorandums of the Government of the FR of Yugoslavia: By its
>Memorandums of 27 July and 4 November 1999, containing examples
>described
>in detail of flagrant violations of UN SC resolution 1244 (1999) and its
>
>related documents, the Yugoslav Government warned the Security Council
>of
>the worrisome developments in Kosovo and Metohija since the deployment
>of
>KFOR and UNMIK in the southern Serb Province.
>
> On the basis of clear examples on the failures, i.e. on illegal
>conduct
>and direct violations of the key provisions of the Resolution and its
>related documents by KFOR and UNMIK, the Government of the FR of
>Yugoslavia
>demanded the Security Council, as an organ with primary responsibility,
>to
>undertake energetic and immediate measures towards strict implementation
>of
>UN SC resolution 1244 (1999) and the Military Technical Agreement (MTA),
>in
>order to put an end to dramatic deterioration of the situation, to
>ensure
>the normalization of security situation, as well as full safety of
>person
>and property of the entire population in the Province.
>
> - The Government of the FR of Yugoslavia, in more than its 50
>communications to the Security Council, continuously pointed to the
>drastic
>examples of non-compliance with or gross violations of the mandate of
>KFOR
>and UNMIK, particularly related to the violation of the sovereignty and
>territorial integrity of the FR of Yugoslavia in Kosovo and Metohija, as
>
>well as to the continuation of terror, ethnic cleansing and genocide of
>Albanian terrorists and separatists against the Serbs, Montenegrins,
>Roma,
>Turks, Goranci and other non-Albanian population in the Province.
>
> - Through its Committee for Cooperation with the UN Mission in
>Pri?tina,
>the Yugoslav Government has forwarded more than 100 letters, protests
>and
>demands to the head of UNMIK and KFOR commander, in connection with the
>implementation of their mandate, clearly established by UN SC resolution
>
>1244 (1999).
>
> 2. Passive attitude of UN SC and other bodies of international
>community
>
> - Despite its clear obligations arising from UN SC resolution
>1244 (1999)
>and its related documents, the Security Council has failed so far to
>undertake the measures to ensure its strict implementation seriously
>undermining the authority of the United Nations and thus eroding the
>credibility in genuine readiness of the world Organization to live up to
>
>its obligations.
>
> - In view of the continuous and dramatic deterioration of the
>situation
>and drastic violations of fundamental human rights, as well as of
>destruction of historical and cultural monuments, constituting an
>integral
>part of the world cultural heritage, the Government of the FR of
>Yugoslavia
>has informed timely and in a well-documented way other international
>organizations engaged in Kosovo and Metohija (UNHCR, UNHCHR, UNESCO,
>ICRC,
>OSCE, EU, Council of Europe, etc.) about the continued worsening of the
>situation in the Province and demanded that they fulfil their share of
>responsibility in accordance with SC resolution 1244 (1999) and other
>relevant international legal instruments within their field of activity.
>
>II SYSTEMATIC VIOLATIONS OF UN SECURITY COUNCIL RESOLUTION 1244 (1999)
>AND
>MILITARY TECHNICAL AGREEMENT
>
>1. Systematic violation of the sovereignty and territorial integrity of
>the
>FR of Yugoslavia and the mandate of UN Security Council
>
> a) UN SC resolution 1244 (1999) unambiguously confirms the
>sovereignty and
>territorial integrity of the FR of Yugoslavia in Kosovo and Metohija
>(preambular para 10; subpara 8, Annex 2)
>
> - Decisions of UNMIK and KFOR: Regulations of UN Secretary
>General Special
>Representative and head of UNMIK B. Kouchner lack basis in the
>resolution
>and are aimed at severing all ties between Kosovo and Metohija and the
>Republic of Serbia and the FR of Yugoslavia, i.e. totally 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 UN SG Special Representative
>for Kosovo
>and Metohija B. Kouchner, systematically and directly undermine the
>State
>sovereignty of the FRY in Kosovo and Metohija as a basic principle
>guaranteed by SC resolution 1244 (1999) and bring into question the
>legal
>basis and attributes of statehood of the State of Serbia and the FR of
>Yugoslavia, in the southern Serb Province, as an integral part of the
>sovereign territory of the Republic of Serbia and of the FR of
>Yugoslavia.
>
> - Special Representative Kouchner has, without consulting legal
>representatives of the Republic of Serbia and the FR of Yugoslavia,
>illegally established the so-called Interim Administration Council, de
>facto Provincial "Government", composed exclusively of Albanians, mostly
>
>from the ranks of the terrorist so-called KLA and separatist Albanian
>political parties, which represent an attempt of legalizing ethnic
>supremacy of Albanians, with a view to creating an ethnically pure
>Kosovo
>and Metohija.
>
> - The developments in the Province unambiguously confirm that
>the claims
>of the Government of the FR of Yugoslavia to the effect that the UNMIK
>decision on the transformation of the terrorist KLA in an alleged
>civilian
>organization - "Kosovo Protection Corps" are justified. This decision is
>
>not only illegal as it lacks basis whatsoever in SC resolution 1244
>(1999)
>and its related documents. It is also one of the main generators of
>exacerbating the situation and the crisis in the Province. The attack of
>
>well-armed members of the so-called Kosovo Protection Corps on a patrol
>of
>the Republican Ministry of the Interior near Bujanovac, outside the
>administrative area of Kosovo and Metohija, unambiguously confirms that
>the
>so-called Kosovo Protection Corps is not any "civilian" creation - its
>members are re-cycled terrorists of the so-called KLA, whose combat
>structure and command personnel have been fully kept, creating a core of
>a
>future Albanian army in Kosovo and Metohija, as has been publicly
>pointed
>out by its "commander", notorious terrorist A. Cheku.
>
> In that connection, the Government of the FR of Yugoslavia
>recalls to its
>clear position presented in a letter to the President of the Security
>Council of 22 September 1999, stating that failure to demilitarize the
>so-called KLA and the establishment of the "Kosovo Protection Corps" was
>a
>farce and a manipulation.
>
> - Building of military bases: The Government of the FR of
>Yugoslavia most
>energetically opposes the building of military bases of KFOR in a part
>of
>its sovereign territory, without its approval. It represents the most
>flagrant violation of its sovereignty and provisions of UN SC resolution
>
>1244 (1999), as well as the existing laws of the Republic of Serbia and
>the
>FR of Yugoslavia. The building of foreign bases without the approval of
>the
>receiving State is contrary to the character and spirit of peace
>missions
>under the auspices of the United Nations and represents a dangerous
>precedent, contrary to the fundamental principles and purposes of the
>United Nations.
>
> - Military exercises of NATO/KFOR: Possible military exercises
>of NATO and
>KFOR in the Province, which are according to the international media due
>in
>March, represent the most flagrant threat to the territorial integrity
>and
>sovereignty of the FR of Yugoslavia and is in the function of direct
>support to the Albanian separatism and terrorism. Such provocative
>conduct
>on the part of KFOR represents a factor of serious destabilization of
>the
>region and directly threatens peace and stability in Europe.
>
> UN Security Council is obliged to prevent any act of violation
>of UN SC
>resolution 1244 (1999) and to eliminate a source of instability in the
>region.
>
> - Representation of some countries: Tolerating the establishment
>of
>foreign missions in the Province, without consultations and approval of
>the
>Government of the FR of Yugoslavia, represents a gross violation of the
>principle of the sovereignty and territorial integrity of the FR of
>Yugoslavia. In line with that, Kouchner's draft regulation on
>"immunities
>and privileges of the liaison offices of foreign Governments in Kosovo"
>is
>totally unacceptable, since it grossly violates the principles of the UN
>
>Charter, provisions of the Vienna Conventions on diplomatic and consular
>
>relations and the Convention on the Privileges and Immunities of the
>United
>Nations as well as prevailing international practice.
>
> - The sovereignty and territorial integrity of the FR of
>Yugoslavia are
>inviolable: overall conduct, decisions of KFOR and UNMIK particularly of
>
>the UN SG Special Representative and head of UNMIK B. Kouchner,
>disregarding or violating the principle of sovereignty and territorial
>integrity of the FR of Yugoslavia, as well as all measures, acting and
>failing to act, contrary to the UN SC resolution 1244 (1999) or MTA, or
>represent an attempt at their revision, the FR of Yugoslavia considers
>illegal and they cannot have any legal effect or be binding on the FR of
>
>Yugoslavia or its organs in any way.
>
> The FR of Yugoslavia warns that it has never ceded or
>intends to cede the
>sovereignty over any part of its territory and resolutely rejects the
>tactics of manipulating or diverting the attention from the alliance of
>UNMIK and KFOR with the terrorist so-called KLA. It particularly refuses
>
>all moves in line with fait accompli acts.
>
> 2. Massive violations of human rights
> Terror and violence : Albanian terror and violence, ethnic
>cleansing and
>genocide against non-Albanian population, above all the Serbs and
>Montenegrins, but also Roma, Muslims, Turks, Goranci and others,
>destruction of their homes, usurpation and destruction of private and
>State-owned property, rampant crime and chaos in the Province, continue
>despite the presence of almost 50,000 armed members of KFOR and around
>2,200 UNMIK policemen. That speaks convincingly that KFOR and UNMIK do
>not
>fulfil their basic obligations arising from their mandate, particularly
>in
>terms of guaranteeing full personal and property security and safety of
>all
>citizens in the Province, above all the Serbs and Montenegrins, who have
>
>been exposed to systematic ethnic cleansing, terror, killings and
>abductions.
>
> The Government of the FR of Yugoslavia insists that KFOR and
>UNMIK fulfil
>without delay all their obligations and create as soon as possible the
>conditions for a safe return of all expelled persons to Kosovo and
>Metohija.
>
> Ethnic cleansing: Since the deployment of KFOR and UNMIK, more
>than
>350,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and other
>non-Albanians were forcibly driven out of the Province. Terrorists are
>increasingly targeting Albanians, loyal citizens of the Republic of
>Serbia
>and the FR of Yugoslavia, who refused to obey the demands of Albanian
>terrorists and criminals.
>
> - It is worrying that during the course of last week only an
>additional
>more than 16,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and
>other non-Albanians were driven out of the Province.
>
> The latest instances of intimidation of Serbs in Kosovska
>Mitrovica, in
>which KFOR directly played a part, are yet another example of the policy
>of
>pressure brought to bear on Serbs, which proves to work, with a view to
>completing the ethnic cleansing of the Province.
>
> - Terrorism: In the period from 12 June 1999 through 27 February
>2000,
>there was a total of 4,354 terrorist attacks (4,121 against Serbs and
>Montenegrins); 910 persons (811 Serbs and Montenegrins) were killed; 802
>
>(751 Serbs and Montenegrins) were wounded; and 821 (757 Serbs and
>Montenegrins) were abducted. More than 50,000 homes, mostly those
>belonging
>to Serbs, Montenegrins and Roma, were destroyed, burned down or severely
>
>damaged.
>
> - The latest serious crimes: Those which were particularly
>gruesome and
>which stuck out by their motive were the following: the shelling of the
>Serbian village of Gora?devac (on 7 January); the brutal murders of the
>Muslim Skenderi family of four in Prizren (on 11 January); the murders
>of
>three Serbs who returned to the village Pasjane (on 16 January); the
>rape
>and murder of an 11-year old Albanian girl from Vitina by a KFOR soldier
>
>(on 11 January); a RPG attack on a UNHCR bus (on 2 February) in which
>two
>Serbs died and several other sustained injuries; a hand grenade attack
>on
>the cafe "Belamy" in Kosovska Mitrovica (on 3 February) injuring 30
>Serbs,
>8 of them seriously; armed attacks against the Serbian villages of
>Banje,
>Svinjare and Suvo Grlo (on 5 February), Lipljan and Bresje (on 7
>February);
>tearing down of the memorial to the Serbian hero Milo? Obili? in a small
>
>town also called Obili? (on 7 February); the murder of doctor Josif
>Vasi?
>and wounding of doctor Vjenceslav Grozdanovi? from Gnjilane (on 26
>February).
>
> - Terrorists attacks outside the Province: In the belief that
>the
>destabilization of the situation on the widest possible territory
>facilitates the achievement of their separatist goals, Albanian
>terrorists
>are increasingly launching attacks on civilians and law enforcement
>officials outside the administrative boundaries of the Province. The
>most
>recent instance of spilling over terrorism beyond Kosovo and Metohija is
>
>the attack against a Serbian police patrol on road between Bujanovac and
>
>Gnjilane, on 26 February 2000. Police major Slavi?a Dimitrijevi? was
>killed
>in the attack and three other police officers were hurt. One of the
>attacking terrorists by the name Fatmir Ibi?i got killed. He was a
>member
>of the so-called Kosovo Protection Corps (KPC), which is a clear
>indication
>that the so-called KPC has continued to act as a legalized so-called
>KLA.
>
> - "Labour camps" for Serbs: The prisons, run by the terrorist
>so-called
>KLA throughout Kosovo and Metohija, house several hundred abducted
>Serbian
>civilians, who have been placed in "labour camps" controlled by the
>so-called KLA. The abductees have been subjected to extremely cruel and
>inhuman treatment in these "labour camps" located in the village of
>Mati?ane, 15 kilometres away from Pri?tina, as well as in the village of
>
>Du?anovo near Prizren and in Drenica. Access to these people is strictly
>
>forbidden, even by ICRC representatives.
>
> Additionally, another some 350 Serbs, who have been abducted in
>Kosovo and
>Metohija, are now in the Republic of Albania.
>
> The international forces in Kosovo and Metohija are aware of the
>existence
>of such prisons for the abducted Serbs, but no steps or actions have
>been
>taken to get them released. All this, despite the fact that it
>represents
>the most inhuman violation of individual human rights and freedoms.
>
> - Destruction of cultural and historic sites: The genocidal
>crusade
>against Orthodox Christianity, holy places and memorials at the time
>when a
>thousand years of Christianity is observed, resulted in the destruction,
>
>burning or extensive damage to 84 churches and monasteries. The burning
>and
>destruction of the churches, monasteries and cultural and historic sites
>
>are also aimed at wiping out the historic traces of Serbian spirituality
>
>and statehood, all serving the purpose of denying the State sovereignty
>and
>territorial integrity of the Federal Republic of Yugoslavia over Kosovo
>and
>Metohija, in outright violation of UN Security Council resolution 1244
>(1999) and its related documents.
>
> - Discrimination against Serbs and a cultural and spiritual
>genocide of
>Serbs is particularly manifest through the closure of universities,
>schools, theatres and media outlets in Serbian language on the pretext
>of
>alleged efforts to keep the multi-ethnic, multi-cultural and
>multi-religious structures in the Province. The fact that this is done
>where the Serbs have managed to live in larger numbers clearly shows
>that
>KFOR and UNMIK directly encourage the aspirations of Kosovo Albanian
>terrorists towards breaking apart the ethnically solid Serbian
>communities,
>and that they openly pressurize Serbs into leaving their ancestral
>homes.
>
> - The policy of double standards applied by UNMIK has deprived
>not only
>Serbs but also Roma, Muslims, Turks and Goranci of their jobs in favour
>of
>Albanians, constituting a gross violation of the principle of equality
>and
>multi-ethnicity.
>
> - KFOR and UNMIK bear 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-confessional and multi-cultural
>character of the Province, by becoming outright accessory to ethnic
>cleansing and genocide.
>
> 3. Disarming of the terrorist so-called KLA
>
> - Daily terrorization, violence, killings and destruction of
>Serbian homes
>and settlements, cafes and other places frequented by Serbs in massive
>numbers in those remaining Serbian enclaves, as well as attacks on
>civilians and Yugoslav security forces beyond the boundaries of the
>Province, with the use of heavy ordnance even, all testify to the fact
>that
>the terrorist so-called KLA has not been disarmed.
>
> - Leaders of these terrorist/separatist formations, Hashim
>Thaqi, Agim
>Cheku and others, make no bones that one of their separatist aims is to
>establish an Albanian army in Kosovo and Metohija with the so-called KPC
>as
>its core, meaning nothing else that it would be a "transformed"
>terrorist
>so-called KLA.
>
> The Government of the FR of Yugoslavia recalls once again its
>position,
>expressed in the letter of 22 September 1999 to the President of the
>Security Council, that purported transformation of the terrorist
>so-called
>KLA into the so-called "Kosovo Protection Corps" was a sham and a
>manipulation, so as to avoid the obligation of a genuine
>demilitarization
>and disarming of this illegal terrorist organization, a fact
>increasingly
>openly admitted even by the biased media and some Western politicians.
>
> - KFOR and UNMIK, in particular Bernard Kouchner, bear full
>responsibility
>that the so-called KLA has not yet been disarmed, and that with their
>blessing, an illegal Albanian armed formation was created, composed
>mostly
>of proven Albanian but also of international terrorists recruited in
>neighbouring and other States known for sponsoring international
>terrorism.
>There is information that Islamic extremists from Chechenya are
>sheltering
>in large numbers in Kosovo and Metohija where they enjoy the protection
>of
>KFOR and UNMIK.
>
> - Thriving crime in the Province: Another direct proof that KFOR
>and UNMIK
>have failed to discharge their mandates strictly, notably with respect
>to
>securing the international borders of the FR of Yugoslavia with Albania
>and
>Macedonia, is their patronizing attitude towards Albanian terrorists and
>
>separatists who enter the FR of Yugoslavia without hindrance, which is
>the
>main cause for the thriving crime and chaos in the Province.
>
> - As a result of an unprotected border, in flagrant violation of
>Security
>Council resolution 1244 (1999), KFOR and UNMIK have allowed illegal
>entry
>into the Province of several hundred thousand criminals and looters from
>
>Albania, aimed at spilling over the chaos from Albania into Kosovo and
>Metohija. Kosovo and Metohija have, thus, been turned into a stronghold
>of
>organized international crime, terrorism, narco mafia, illicit arms
>trafficking, white slavery, juvenile crime and prostitution rackets in
>Central and Western Europe, with a view to rampant crime and
>destabilization of Europe and preventing the ongoing integration
>processes.
>
> 4. Civil registration and elections in Kosovo and Metohija
>
> - Against a background of continuing terror, final stages of the
>ethnic
>cleansing of Serbs and other non-Albanian population in the Province,
>absence of conditions for the return of over 350,000 expellees and a
>presence of a couple of hundred thousand illegal foreign citizens in
>Kosovo
>and Metohija, it is evident that there are not even the basic conditions
>
>for civil registration in the context of the preparations for the
>elections
>to be held in near future. Ignoring these facts and insistence by OSCE
>and
>UNMIK to proceed to civil registration in the circumstances described
>represent an attempt at the policy of fait accompli and at encouraging
>the
>further destabilization of the Province along the lines of achieving the
>
>separatist goals of Albanian extremists.
>
> The Government of the FR of Yugoslavia strongly rejects any
>attempt at
>calling for early elections in the Province until basic conditions are
>not
>met, i.e. consolidated peace and stability on the basis of Security
>Council
>resolution 1244 (1999) implying first of all a free and safe return of
>all
>expelled Serbs and other non-Albanian population, and until basic
>parameters for the political settlement in Kosovo and Metohija are
>agreed
>with the Government of the FR of Yugoslavia.
>
> 5. Delaying the return of Yugoslav Army (VJ) and police (MUP)
>
> - In a situation in which KFOR and UNMIK do not carry out their
>mandate of
>guaranteeing full personal safety and safety of property for all the
>population and of providing conditions for a safe and unimpeded return
>of
>all displaced persons and refugees, undue delays in the implementation
>of
>the provisions of the Military Technical Agreement relating to the
>return
>of VJ and MUP (UNSCR 1244, op. para 4; Annex 2, subpara 6 and 10; MTA
>paragraph 4) additionally encourage Albanian terrorists to continue with
>
>their daily terrorization of Serbs and other non-Albanians with the aim
>at
>completing the ethnic cleansing of the Province.
>
> The Yugoslav Government insists that this obligation is
>fulfilled
>immediately and without any conditions.
>
> 6. Responsibility of the United Nations Security Council
>
> The Security Council, as guarantor for its resolution 1244
>(1999), is
>responsible for strict compliance with all provisions of the resolution
>and
>its related documents, primarily those reaffirming the sovereignty and
>territorial integrity of the FR of Yugoslavia on all its territory, as
>well
>as for the respect of general standards in the implementation of UN
>peace-keeping operations, above all the universal principles of the
>United
>Nations Charter, International Covenants on human rights, etc. This
>responsibility includes the obligation of the Council to prevent any
>departing from, delaying of the implementation or arbitrary
>interpretation
>of the provisions of its resolution 1244 (1999) and its related
>documents.
>Only the Security Council has the authority to give a binding
>interpretation of the provisions of its resolutions. Continued gross
>violations of the provisions of the Resolution and its related documents
>by
>KFOR and UNMIK which brought about an alarming development of the
>situation
>in the Province, have not been responded to by adequate measures of the
>Security Council to put an end to such dangerous developments. This
>confirms that the Security Council has not fulfilled its obligations and
>
>therefore it is held directly accountable for the detrimental
>consequences
>caused by such conduct.
>
> Proceeding from the fact that it has fulfilled all its
>obligations under
>Security Council resolution 1244 (1999) and its related documents, the
>Government of the FR of Yugoslavia insists that all other responsible
>factors, and primarily the Security Council as the most responsible
>organ,
>carry out immediately and unconditionally their share of responsibility
>
>
> III ASSESSMENT OF CURRENT DEVELOPMENT OF THE SITUATION
> IN KOSOVO AND METOHIJA
>
>1. Overall performance of KFOR and UNMIK
>
> The results of the nine-month long international security (KFOR)
>and
>civilian (UNMIK) presence in the south Serbian Province are extremely
>weak.
>The utterly disturbing situation is characterized by wide-spread crime
>and
>terror, chaos and lawlessness, genocide and ethnic cleansing of Serbian
>and
>other non-Albanian population, destruction of their private property,
>looting and usurpation of the property of the State and of private
>firms,
>carried out by armed Albanian extremists, members of the terrorist
>so-called KLA in particular.
>
> - Multiethnic Kosovo and Metohija - hypocrisy of KFOR and UNMIK:
>In spite
>of verbal pledges of KFOR and UNMIK to preserve multiethnic character of
>
>the Province, the activities and behaviour of international presence in
>Kosovo and Metohija are quite opposite. The fact that over 350 thousand
>citizens of the Province, out of whom 270 thousand Serbs and
>Montenegrins,
>have been forcibly driven out of Kosovo and Metohija in the presence of
>international force and under its auspices and mandate, is totally
>alarming
>and disastrous for the reputation of the world Organization.
>
> - Ethnic cleansing of Serbs and Montenegrins in the largest part
>of the
>Province has been already accomplished. Now, the remaining isolated
>Serbian
>enclaves, above all Kosovska Mitrovica as the largest one, have become
>the
>target of Albanian terrorists and of sensless moves of KFOR and UNMIK
>which
>add more fuel to the flames.
>
> The insisting of KFOR and UNMIK on the establishment of
>multiethnic
>communities in the remaining Serbian enclaves in particular is both
>unconvincing and cynical, since at the same time no one is even
>mentioning
>for example Pri?tina in which about 40 thousand Serbs and Montenegrins
>used
>to live before the arrival of KFOR and UNMIK, and now less than two or
>three hundred of them remain. There is not a word about the situation in
>
>Prizren, Pe?, Orahovac, Djakovica, Glogovac and many other towns,
>villages
>and areas in Kosovo and Metohija, like Kosovo Pomoravlje, which are also
>
>completely ethnically cleansed of Serbs and Montenegrins, while the
>issue
>of their return to their homes is not even the subject of at least
>formal
>rhetoric of responsible KFOR and UNMIK representatives.
>
> The action of searching the houses of Serbs in Kosovska
>Mitrovica brutally
>carried out by the members of American and German contingent of KFOR,
>which
>coincided with unhampered arrival of thousands of Albanian extremists
>led
>by terrorists of the so-called KLA to Kosovska Mitrovica in order to
>threaten and frighten the remaining Serbs irrefutably testifies to the
>cooperation and collusion of KFOR and UNMIK with Albanian terrorists, as
>
>well as of their active engagement in the concept of changing borders in
>
>the Balkans to create the so-called Greater Albania. At the same time,
>this
>is the latest confirmation of the proven policy of demonizing Serbs in
>order to justify the real goals -the ending of the campaign of ethnic
>cleansing of Serbs in the Province, and to conceal the facts that the
>members of the so-called KLA have been neither demilitarized nor
>disarmed.
>This is the main reason why, the OSCE condemned in its report of 21
>February the house searching operations pointing out that KFOR has
>violated
>thereby the provisions of the International Covenant on Civil and
>Political
>Rights and establishing that the action was illegal which was also
>brought
>to the attention of the head of UNMIK, Bernard Kouchner.
>
> - Non-compliance and gross violations of the basic provisions of
>Security
>Council resolution 1244 (1999) and its related documents by KFOR and
>UNMIK,
>has resulted directly in the dramatic security and general situation in
>the
>Province, above all in the continuation of Albanian terrorism, violence
>and
>ethnic cleansing of Serbs and other non-Albanian population and wide
>scale
>crime and lawlessness in the Province. Thus KFOR and UNMIK have become
>accomplices in the most serious crimes committed against Serbs and other
>
>non-Albanian population and they are responsible mostly for the
>non-existence of elementary security of Serbs and non-Albanian
>population
>in the Province.
>
> The tested tactics of deluding the world public and of diverting
>the
>attention from the complete fiasco of international mission under the
>auspices of the United Nations is being applied in Kosovo and Metohija.
>After practically completed ethnic cleansing and destruction of
>everything
>that is related to Serbs and non-Albanians, any attempt to look for the
>guilty ones among few Serbs who remained is not only a cynicism but also
>a
>proof of direct protection of terrorists and separatists, of organized
>international crime and of the continuation of a new form of aggression
>against the FR of Yugoslavia which characterizes the alliance between
>NATO
>and terrorist so-called KLA. Such activity is obviously aimed at
>spreading
>the destabilization over the entire region of southeastern Europe. In
>this
>way Kosovo and Metohija is being transformed into a centre of prolonged
>destabilization of Europe, and the entire region into a centre for the
>concentration and spreading of international terrorism which deeply
>penetrated into the tissue of Europe and through Kosovo and Metohija
>should
>be spread and jeopardize the process of integration.
>
> The continuous deterioration of the overall situation in the
>Province is
>in line with the efforts to provoke artificially the prolonged
>destabilization in the region which should justify the existence of NATO
>
>and to rehabilitate its prestige and credibility which have been
>seriously
>brought into question by its illegal aggression against the FR of
>Yugoslavia.
>
> Therefore, the statements of KFOR and UNMIK representatives of
>alleged
>success of the international mission in the Province are unacceptable
>and
>completely biased, since it is clear that they are not founded on real
>situation on the ground and consequently this can lead to the conclusion
>
>that they are based on the assessment of some other goals which are
>different from those set up in Security Council resolution 1244 and its
>related documents. The statements that the number of crimes has been
>reduced in absolute terms are unacceptable because this is the result
>only
>of a continuous reduction of the number of Serbs and other non-Albanian
>population who are the victims of Albanian terrorists.
>
> - Cooperation of KFOR and UNMIK with separatists and terrorists
>in
>jeopardizing the sovereignty and territorial integrity of a sovereign
>Member State of the United Nations, in systematic violation of the
>Charter
>of the United Nations, international law, Security Council resolution
>1244
>and Military Technical Agreement, incites not only the security and
>legal
>chaos in the Province but dangerously undermines the security
>foundations
>in the entire region. Such behaviour of international forces under the
>auspices of the Untied Nations is without a precedent in the history of
>United Nations peace-keeping missions, whereby the reputation and
>authority
>of the United Nations are seriously brought into question.
>
> - Strict implementation of the Resolution and its related
>documents is
>the main precondition for the normalization of the overall situation in
>the
>Province and the obligations of all to unconditionally observe that.
>2. An imperative to normalize the situation in Kosovo and Metohija
>
> All parameters unambiguously confirm that the developments in
>the Province
>are moving towards the further worsening of the overall situation which
>will become even more complex and dangerous with possible far-reaching
>adverse consequences on the entire region. By the gross violation of the
>
>provisions of the Resolution and by their overall conduct, KFOR and
>UNMIK
>have unambiguously confirmed that the presence of international forces
>under the auspices of the United Nations in Kosovo and Metohija is a
>complete fiasco. The United Nations Security Council bear primary
>responsibility for this since it failed to undertake necessary and
>energetic measures it was bound to under the Resolution, and to ensure a
>
>strict implementation of the provisions of the Resolution and its
>related
>documents.
>
> Therefore, it is necessary to put an end as soon as possible to
>this
>shameless mission of the so-called international community in Kosovo and
>
>Metohija since it is obvious that it could not or did not want to
>implement
>the mandate entrusted upon it by Security Council resolution 1244
>(1999),
>and to let the competent authorities of the FR of Yugoslavia and
>Republic
>of Serbia to restore in the Province: order and peace, rule of law and
>legality; personal protection and the protection of the property of all
>its
>citizens irrespective of their ethnic origin or religion, as well as to
>ensure normal functioning of all commercial entities and local
>authorities
>and normalization of entire life in the Province, as a necessary
>prerequisite for launching political dialogue between the
>representatives
>of the State and ethnic communities in Kosovo and Metohija about the
>parameters of autonomy and self-governance in the Province.
>
> IV DEMANDS OF THE GOVERNMENT OF THE FR OF YUGOSLAVIA
>
> Proceeding from its sovereign rights, guaranteed by Security
>Council
>resolution 1244 (1999), Ahtisaari-Chernomyrdin document and Military
>Technical Agreement, the Government of the FR of Yugoslavia reiterates
>its
>demand:
>
> - that the Security Council undertake urgently energetic
>measures to
>ensure strict respect of all provisions of the Resolution and its
>relevant
>documents, above all those which confirm sovereignty and territorial
>integrity of the FR of Yugoslavia on its entire territory;
>
> In this context, the Yugoslav Government insists in particular :
>
>
> - that UNMIK and KFOR unconditionally and without delay respect
>and
>implement the mandate set up in the Resolution and its relevant
>documents;
>
> - that sovereignty and territorial integrity of the FR of
>Yugoslavia and
>the Republic of Serbia be strictly respected in Kosovo and Metohija and
>in
>this context full normalization of functioning of customs, border
>regime,
>public services (PTT, power supply system, railway, banking system) be
>ensured in accordance with the laws of the Republic of Serbia and the FR
>of
>Yugoslavia and principles of market-oriented economy in view of
>restoring
>the ties of the Province with the Republic of Serbia and the FR of
>Yugoslavia which have been artificially broken and of guaranteeing the
>unconditional return of Yugoslav border authorities, customs and
>passport
>control to the State border of the FR of Yugoslavia with Albania and
>Macedonia;
>
> - that all regulations and other decisions of UNMIK and KFOR
>which violate
>territorial integrity and sovereignty of the FR of Yugoslavia and the
>Republic of Serbia be revoked, that the respect for the laws in force of
>
>the FR of Yugoslavia and the Republic of Serbia be ensured on their
>entire
>territory;
>
> - that all illegally seized State, public, socially-owned and
>private
>property primarily PTT, power supply system, railway, banks, mines,
>factories, firms, be returned to legal owners.
>
> - that immediately a safe environment for all citizens and their
>full
>personal safety and safety of their property be ensured;
>
> - that energetic measures be taken to end terrorization,
>intimidation and
>ill-treatment of the population belonging to the Serbian, Roma, Muslim,
>Goranci, Turk and other non-Albanian ethnic communities, as well as a
>halt
>to the use of force resulting in the violation of their fundamental
>human
>rights and an immediate end to the ethnic cleansing of the Province of
>its
>non-Albanians;
>
> - that a free and safe return to the Province be ensured to more
>than
>350,000 Serbs, Montenegrins, Roma, Goranci, Turks, Egyptians and other
>inhabitants expelled in a campaign of ethnic cleansing after UNMIK and
>KFOR
>came to the Province;
>
> - that immediately several hundred thousand citizens of Albania
>who have
>illegally entered the Province be expelled;
>
> - that the combat structures of the terrorist so-called KLA be
>disbanded
>and all its members disarmed as well as other Albanian armed gangs, that
>
>all their weapons be destroyed, which is the main reason for the lack of
>
>security in the Province and for overall thriving crime, and in
>particular
>to declare null an void the document on the "transformation" of the
>so-called KLA;
>
> - that, without delay, an unhampered return of the mebers of VJ
>and MUP to
>Kosovo and Metohija be allowed, in compliance with the MTA, in the
>interest
>of normalizing security and preventing further massive expulsions of the
>
>remaining Serbs and other non-Albanian population from the Province;
>
> - that full freedom of movement on the entire territory of the
>Province be
>ensured and that all existing ghettos, detention camps, blockading of
>towns
>and villages, such as Kosovska Mitrovica, Orahovac, Gnjilane and others,
>
>where the remaining Serbs now live, be removed;
>
> - that an unimpeded delivery of humanitarian assistance be
>enabled;
>
> - that normal functioning of education, respect for the autonomy
>of
>university and other educational and cultural institutions and the
>media,
>especially those in Serbian language and wherever Serbs are predominant
>(Kosovska Mitrovica, etc.) be ensured;
>
> - that full and permanent protection of remaining cultural and
>historic
>monuments, medieval monasteries, churches and cemeteries be ensured;
>that
>without delay, the leaders of the so-called KLA, H. Thaqi and A. Cheku
>in
>the first place, as well as all other instigators of serious crimes,
>genocide, ethnic cleansing and terrorist acts against the non-Albanian
>population, their property and State and public property, and against
>cultural and historic sites, educational, health, commercial and other
>institutions and facilities, be held accountable and punished in an
>exemplary fashion;
>
> - that without any further delay, a comprehensive agreement
>between the FR
>of Yugoslavia and the United Nations on regulating the status of the
>international presence under the auspices of the United Nations in
>Kosovo
>and Metohija and on other relevant issues, be concluded without further
>delay.
>
>
> Belgrade, 1
>March 2000
>
>
>
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