...17. Discrimination: KFOR and UNMIK tolerate the practice of establishing ethnic quotas for executive positions, favoring Albanians at a ratio of 9 to 1. In this way, the democratic principle of equality of all citizens irrespective of their national or ethnic origin and religion has been grossly violated. If this trend is to be tolerated, the very existence of a great number of Serbs and Montenegrins employed in public institutions would be in danger, i.e. 20 000 people in Pristina alone as well as in Prizren, Dragas, Podujevo, Lipljan and Strpci.

Massive terrorist and criminal acts perpetrated by Albanians and the creation of a widespread atmosphere of threat are ultimately aimed at completing the ethnic cleansing in the Province of Serbs and Montenegrins, in particular. The tolerant approach of KFOR and UNMIK and minimizing the scope of Albanian crimes, terror and mass violation of human rights plays into the hands of Albanian extremists and encourages them to achieve their strategic goal and create their mono-ethnic, exclusively Albanian Kosovo and Metohija.

18. Multi-ethnic, multi-confessional and multi-cultural character of the province: The obligation of KFOR and UNMIK is to radically change their tolerant attitude towards the sources and proponents of violence, lawlessness and crime from among the KLA. The fulfillment of the clear mandate entrusted to them by Security Council resolution 1244 (1999) is a precondition to protect effectively all citizens in Kosovo and Metohija. KFOR and UNMIK are bound to undertake concrete and consistent measures to preserve the multi-ethnic, multi-confessional and multi-cultural nature of the Province.

The Government of the FR of Yugoslavia requests a safe and unhampered return of all expelled Serbs, Montenegrins, Roma and others as well as full respect of the right to private property, labor, health protection and, above all, the right to life. It also insists that KFOR and UNMIK ensure the functioning of all public services, a unified power distribution system, PTT service, health, judiciary etc. and to ensure a safe return of all employees who have been forced to leave their jobs, to create normal working conditions, including their protection when they come to, and return from, their jobs.

19. Border regime towards aliens: There is no basis in the Resolution for the efforts by the Secretary-General to hand over to UNMIK and KFOR the powers vested in the legitimate authorities of the FR of Yugoslavia in the field of State border protection and border crossings. This is a gross violation of operative para 4 of SCR 1244 (1999) and of para 2 of Annex II thereof.

Consequently the Government of the FR of Yugoslavia insists that the provisions of the Resolution (operative para 4) and Annex, para 6, relating to a presence of Yugoslav Army soldiers and police at the border crossings, be implemented without any further delay. Procrastination with respect to the establishment of these services is the main cause of the chaos and crime, including international traffic in narcotic drugs (drug Mafia) and arms, trade in humans, etc.

Proceeding from the provisions of the resolution which guarantee the sovereignty of the FR of Yugoslavia, KFOR was bound to conduct border monitoring duties at the international border of the FR of Yugoslavia with Albania and Macedonia (operative paragraph 9, subpara g), to ensure normal and efficient functioning of customs, passport and visa services as well as anti-criminal, sanitary, phytopathological and other controls. It has also been bound to provide security guarantees for the competent Yugoslav customs officers, which includes their protection at work at the border and customs checkpoints and during their arrival to, and return from, their work. Contrary to its implied obligations, KFOR continues to honor this obligation in practice.

KFOR's failure to close the border essentially represents a very serious violation of SCR 1244 (1999) and of the MTA, which has very hard and tragic consequences. Thereby, KFOR is responsible for massive, uncontrolled infiltration of aliens, terrorists and criminals, while the laws of the FR of Yugoslavia are violated as well as international norms, which cannot possibly be justified.

Such an attitude on the part of KFOR and UNMIK means playing into the hands of Albanian separatists and terrorists in their aspirations to put in practice their concept of a "Greater Albania", which is the principal source of instability in South-East Europe. This concept must and should be nipped in the bud only through a consistent and full implementation of SCR 1244 (1999), in particular:

(a) through the establishment of full security and monitoring at the international border of the FR of Yugoslavia with the Republic of Albania and the Republic of Macedonia, with the participation of Yugoslav Army soldiers and Yugoslav security forces (police);

(b) through the establishment of normal customs, immigration, health and other Yugoslav border services at all State border crossings, thus making possible normalization of an effective inter-State border crossing regime and monitoring, according to international norms and standards;

(c) through a resolute disarming, without delay, of the terrorist so-called "KLA" and of other armed Albanian gangs;

(d) through expulsion at the earliest possible date of all aliens who have entered illegally into the southern Serbian province via the unguarded border due to failures by KFOR and UNMIK to ensure in due course the security of borders and enable the normal functioning of Yugoslav border services.

20. Identification documents regime: Proceeding from the fact that the question of citizenship and residence is one of the main elements of sovereignty and foundation for the exercise and protection of human rights and fundamental freedoms and respect thereof, including the right to vote, as well as that the people in Kosovo and Metohija are Yugoslav citizens, there is a single regime both in the Province and in the entire Yugoslav territory concerning the identification documents procedure. The Government of the FR of Yugoslavia requests full respect for, and the implementation of, the laws in force on the visa regime and identification documents of citizens (ID cards, passports, etc).

21. Visits of foreign officials: It is unacceptable and contrary to the provisions of the resolution and its Annex II, paragraphs 5 and 8, which confirm the sovereignty of the FR of Yugoslavia, that foreign officials during their visits to Kosovo and Metohija disregard the regular procedure envisaged by the Vienna Convention on Diplomatic Relations, as well as the Yugoslav visa regime in force.

Acceptable are not either the intentions of some States to establish any "offices" or "missions" in the Province, in flagrant breach of the Vienna Convention, Security Council resolution 1244 (1999) and the international diplomatic practice.

The Government of the FR of Yugoslavia demands that in scheduling the visits of foreign officials to Kosovo and Metohija, regardless of the purpose and character of these visits, the normal diplomatic procedure be strictly followed and the arrangements made through the diplomatic channels. Also, in establishing a resident office of an international organization or a mission of a foreign country, the provisions of the Vienna Conventions should be observed. In this connection, the Government of the FR of Yugoslavia underlines that this is one of the main prerogatives of sovereignty and that it has not transferred over to any party its right concerning decisions on visits of foreign officials to any part of its sovereign territory.

22. Disruption of the unified economic system of the FR of Yugoslavia: The attempts to inaugurate the concept of further preservation of a strong regime of economic restrictions against the FR of Yugoslavia, i.e. Republic of Serbia, on the one hand, and to establish a closed system of reconstruction and economic rehabilitation for Kosovo and Metohija, outside the Republic of Serbia and the FR of Yugoslavia, which is indicated in the Report of the Secretary-General, on the other hand, constitute a flagrant violation of a single constitutional, legal, economic, financial, monetary, telecommunications, information, traffic system and other systems of the FR of Yugoslavia and the Republic of Serbia.

The above approach is in flagrant violation also of the initiatives concerning the development of the region of South-East Europe, whose successful implementation is possible only with an equal participation of the FR of Yugoslavia. In this respect, account should be taken that the FR of Yugoslavia was the victim of destruction by NATO, resulting in an enormous material damage and humanitarian problems. The FR of Yugoslavia expects that the broader international community would show sympathy and assist it in removing these consequences, without which a stable development in the region as whole is unthinkable.

All discriminatory measures, restrictions and sanctions are unfounded and counter-productive in terms of plans to initiate the development of the region and activities aimed at establishing a basis for a lasting peace and security in the region.

23. Monetary system: The respect of the sovereignty and territorial integrity, the unity of the State, its territory and economy require that the Dinar be recognized as a single, legal tender in the entire territory of the Republic of Serbia and the FR of Yugoslavia, including the Province of Kosovo and Metohija. UNSC resolution 1244 (1999) does not offer a basis for any other solutions. The currency is an element of sovereignty and cannot, albeit temporarily, be a prerogative of autonomy.

24. Yugoslav State property: For the same reasons, also unacceptable and in contradiction with the resolution, is the attempt of UNMIK presented in the Secretary-General's Report, to administer any movable or immovable property, including monies, bank accounts and any property of or registered in the name of the FR of Yugoslavia or the Republic of Serbia or any other organ which is in the territory of Kosovo and Metohija (paragraph 37 of the Report). In this context, unlawful are also the requests of the members of Albanian ethnic national minority and KFOR to be granted full control over the Inland Revenue Office, cadaster of immovable property, vital Record Books and other registry books which constitute a legal foundation for the exercise of the rights of citizens on the basis of ownership of both movable and immovable property.

25. Establishment of local authorities and the elections: The position of the UNMIK declaring the Serbs as a national minority in their own State is contrary to the Constitution and unacceptable. It has no basis in the Resolution and represents its gross violation. The transfer, with no legal ground, of competence to the Special Representative who may arbitrarily appoint "legitimate" representatives of Serbs, either individuals or political parties, is in contravention of the resolution and unacceptable, as has been done in the case of the Interim Council. Both the Government of the FR of Yugoslavia and the Government of the Republic of Serbia are insisting that the Serbs and other national communities on the Interim Council or in other bodies and institutions can be represented only by those representatives appointed by them.

The Government of the FR of Yugoslavia considers that the respect for full equality in the field of free expression of the will of Serbian and Montenegrin people as well as of the national minorities and ethnic groups in Kosovo and Metohija constitute the only legal basis for the democratic organization of Kosovo and Metohija and a lasting guarantee of ethnic and religious tolerance and cohabitation.

Regarding the running of democratic elections in the Province (operative paragraph 11, subparas c and f) of the Resolution and paragraph 84 of the Report of the Secretary-General, firstly, it is necessary to ensure political dialogue in order to reach a democratic political solution on autonomy and self-governance on the basis of equality of citizens and national communities, respect for the sovereignty and territorial integrity of the FR of Yugoslavia and the Republic of Serbia. Only the legitimate representatives of Serb and Montenegrin people living in Kosovo and Metohija and members of other national minorities or ethnic groups can participate in this dialogue. Secondly, the previous census of citizens constitutes a sine qua non for the organization and conduct of free and fair elections.

26. Media: Media should play an important role in the process of organizing and conducting the democratic elections. However, one should keep in mind that the situation concerning the media in the Province is extremely difficult after the destruction of radio and telecommunications systems and occupation of the existing radio and TV stations by the so-called KLA. Both KFOR and UNMIK are bound to provide assistance to the competent authorities of the Republic of Serbia so that the existing situation could be improved as soon as possible, that an open democratic media space is established and conditions created for the democratic expression of the will of citizens. In this context, it is necessary to provide normal conditions for work of the existing media prior to the establishment of new ones.

27. Proceeding from the fact that the Government of the FR of Yugoslavia has completely fulfilled all its obligations under the resolution and related documents and within the envisaged period, it requests that all other factors, and UNMIK and KFOR in particular, fully and strictly comply with their obligations without any further delay. This is a key precondition for the achievement of the basic goals and tasks of the international presence in Kosovo and Metohija, whose framework is unambiguously provided for by Council resolution 1244. The decisions of KFOR and UNMIK which are not in line with Security Council resolution 1244 (1999) or which represent an attempt to diminish, i.e. endanger the sovereignty and territorial integrity of the country as well as the principle of full equality of all citizens in Kosovo and Metohija, will neither be recognized by the Government of the FR of Yugoslavia nor will they have any legal effect.

Belgrade, 27 July 1999

O V E R V I E W

of terrorist and other acts of violence in the province of Kosovo and Metohija from 12 June to 26 July 1999, according to available and accessible information provided by the Peace and Tolerance Centre in Pristina

(1) Number of persons kidnapped in Kosovo and Metohija: 223

(2) Number of persons killed in Kosovo and Metohija: 96 (of whom 8 were found with their throats slit and 28 massacred)

(3) Number of missing persons in Kosovo and Metohija: 22

(4) Number of wounded persons in Kosovo and Metohija: 43

(5) Reported cases of physical assault and harassment: 120 (the figure cited is for Pristina alone)

(6) Registered cases of threats: 201

(7) Registered number of dwellings broken into and looted: 251

(8) Registered number of dwellings broken into and forcibly taken occupancy of: 253 in Pristina and about 120 in Kosovska Mitrovica

(9) Ethnic cleansing: Many towns were ethnically cleansed of all their Serb - residents. According to UNHCR data, more than 165,000 non - Albanians were driven out of Kosovo and Metohija.

- 78,536 persons expelled from their homes have been officially registered in Serbia and Montenegro;

- In Belgrade, there are 24,293 registered expellees and it is estimated that there are 33,988 of them altogether;

- In Novi Sad, there are 3,134 registered expelled persons and their total number is estimated at 5,720;

- Most of the expelled persons have found refuge in and around Kraljevo, where 51,136 such persons have been registered and the estimates are that there are 74,983 in total;

- At the same time, Montenegro has provided shelter for 21,444 Serbs, Montenegrins and Roma forced to leave Kosovo and Metohija;

(Note: The information cited under item 9, except for the total numbers, relate to the period 12 June to 19 July 1999.)

(10) Registered number of homes burned down: 68 in Pristina; 53 in Gnjilane; 80 in Urosevac; 70 in the village of Musutiste; 32 in Stimlje; more than 400 in the municipality of Istok; and many more in Lipljan.

(11) Registered number of dwellings burned down: 9 (the figure is cited for Pristina alone)

(12) Registered number of stolen vehicles: over 5,000

(13) Registered incidents of cultural monuments being demolished: 5 (only in Pristina)

(14) Destruction of church property: 20 temples and other religious buildings have been destroyed. Burning of churches: Prizren, Orahovac, and the temple in Djakovica, Vucitrn, Samodrez, and Velika Reka;

- an attempted arson of the bishop's residence in Pec and of the Temple of Holy Salvation in Pristina;

Terrorization of the clergy: A nun was raped in the Devic convent;

the priests were mistreated in St. Nicholas's Church in Pristina; the sisterhood of the Gorioc convent near Istok was all expelled;

Assaults and demolition: Five monasteries: the Devic convent, the Holy Trinity monastery, the monastery in the village of Binac near Gnjilane, the Dinac monastery near Vitina (desecrated and then burned down); the fourteenth-century monastery of St. Mark near Korisa was demolished; a church in the village of Drsna near Klina was destroyed; the church in Rekovac and St. Nicholas's church in Slovina were demolished; the parish Church of the Holy Apostles of Peter and Paul in Suva Reka was dynamited and explosives were planted in a church in Petric.

(15) Forced and illegal taking over of public institutions: Pristina, Prizren, Dragas, Podujevo, Lipljan, and Strpci.

The forcible and illegal take-overs of public companies and institutions have left more than 20,000 Serbs and Montenegrins employed in them without work.

(16) Registered armed attacks on villages: Slovinj, Maticane, Orahovac, Konjuh, Berivojce, Gornja Brnjica, the villages around Kosovska Kamenica, Grncar, Magila, Ajvalija, all the villages of the Istok-Klina region, Gorazdevac near Pec.

(17) Registered sieges of villages: Gadnje, Orahovac, Gornja Srbica, Koretin, and the villages around Gnjilane.

(18) Armed threats against villages: Ugljari, Srpski Babus, Stimlje, Bresje, the Kosovo Polje environ, Milosevo (against which the armed attack was carried out).

(19) The looted Serb villages from which the residents were forced out: Muzicani, Slivovo, Orlovi , Dragas, and the area around Kosovo Polje, Sofalija, Livadice, Mirovac, and Sirinicka Zupa.

(20) Serb neighborhoods set on fire: Istok, Klina, Donja Lapastica, Obrandza, Velika Reka, Perane, Lause, the village around Podujevo, Grace, Donja Dubica, Zociste, Orahovac, Naklo, Vitomirice, Belo Polje, Kojlovice, Alos-Toplicane, Krajiste.

(21) Towns ethnically cleansed of Serbs and other non-Albanians: Prizren, Djakovica, Pec, Srbica, Podujevo, Vucitrn, Glogovac as well as the villages in the municipality of Istok: Dzakovo, Osojane, Tucepom, Kos, Zac, Belica, Krnjine, Maticane.

The ethnic cleansing has also been done in Gnjilane, Urosevac, Kosovska Mitrovica (over 220 families have been expelled), Lipljan, Kosovo Polje where 3,000 Serbs (40 per cent of all its population) have been driven out, as well as those Serbs living in the villages of Toplicane, Rujice, Magure, Slovinj, Staro Gracko (32 families were forcibly deported).

In Pristina, the situation is particularly difficult in the Ulpijana and Suncani Breg suburbs, from which almost all non-Albanians have been forced out. Physical attacks have been reported on entire buildings. The residents are terrorized; homes stoned; shops, companies and public facilities all looted.