BELGRADE, July 28 (Tanjug) - The Yugoslav Foreign Ministry issued Wednesday a Memorandum of the government of the Federal Republic of Yugoslavia on the implementation of the UN Security Council Resolution 1244.

The Memorandum expresses the Yugoslav governments dissatisfaction with the fact that some key provisions of the Resolutions are not being implemented or are even being flagrantly violated, with serious consequences above all for the Serb and Montenegrin inhabitants of Serbia's southern province of Kosovo-Metohija.

The following is the official translation of the full text of the Memorandum:

1. A political settlement within the FR of Yugoslavia: By accepting the Ahtisaari-Chernomyrdin document and by its consistent implementation of the relevant provisions of Security Council resolution 1244 (1999) of 10 June 1999 and related documents within the envisaged period, the FR of Yugoslavia has confirmed its commitment to a peaceful settlement of the situation in Kosovo and Metohija, on the basis of a substantial autonomy and guarantees of full equality of all citizens and ethnic communities in Kosovo and Metohija within the sovereignty and territorial integrity of the Republic of Serbia and the FR of Yugoslavia. The only way to establish such autonomy in the southern Serbian province is through a direct dialogue between the representatives of the State and all national and ethnic communities.

2. Responsibility of the Security Council: By its resolution 1244 (1999), the United Nations Security Council has unequivocally reaffirmed the sovereignty and territorial integrity of the FR of Yugoslavia in Kosovo and Metohija.

Proceeding from this, the FR of Yugoslavia has accepted the deployment of the international security and civil presence in Kosovo and Metohija under the auspices of the United Nations and with its mandate.

Security Council resolution 1244 (1999) has clearly defined the framework for the international civil and security presence in Kosovo and Metohija, which constitutes an integral part of the unified constitutional, legal, economic, financial, monetary, customs and tax systems of the FR of Yugoslavia. In this respect, the FR of Yugoslavia, as the host of the United Nations mission, has initiated that all relevant issues concerning the status of the international security presence (KFOR) and civil presence (UNMIK) be regulated through a comprehensive agreement during their presence in the southern Serbian province.

3. State of affairs: Despite the fact that the FR of Yugoslavia fully carried out and consistently carries out all its obligations, we cannot be satisfied in any way with the current pace and results achieved in the implementation of Security Council resolution 1244 (1999) and the relevant documents. On the contrary, many indicators are warning that certain key provisions of the resolution are not being implemented and even flagrantly violated, which has very serious consequences on the Serb and Montenegrin populations in the Province and on non-Albanian national minorities and ethnic groups.

This, above all, pertains to the fact that KFOR and UNMIK do not fulfil their obligations in terms of ensuring a safe environment, safety of citizens, maintenance of public peace, law and order, which is an unconditional obligation set in operative para 9 of SCR 1244 (1999). The consequences are more than evident: massive daily violence throughout the province, terrorism, killing of civilians, kidnapping, usurpation, crimes and lawlessness and ethnic cleansing. All of this may have far-reaching consequences both on the process of stabilization of the situation in the Province and for the development in the wider region.

4. Sovereignty and territorial integrity of the FR of Yugoslavia: According to Security Council resolution 1244, the position contained in the Report on UNMIK (S/1999/779 of 12 July 1999, para 35), is also unacceptable and unfounded that the Security Council, in its resolution 1244 (1999) has vested in the "interim civil administration" (UNMIK) de facto authority "over the territory and people of Kosovo" and that in this way the sovereignty of the FR of Yugoslavia over the territory of Kosovo and Metohija has been practically suspended. According to this interpretation, the FR of Yugoslavia allegedly maintains legally its sovereignty while all legislative and executive powers, including the administration of justice, are vested in UNMIK. The mentioned position has no foundation in Security Council resolution 1244 (1999), which unambiguously guarantees the sovereignty and territorial integrity of the FR of Yugoslavia.

All positions, actions and decisions which do not recognize the principle of the sovereignty and territorial integrity of the FR of Yugoslavia or which represent its violation, implying that any contravention of and non-compliance with, or even revision of, Security Council resolution 1244 (1999) or the Military Technical Agreement of 9 June 1999 are unacceptable and legally invalid and cannot in any way be legally binding on the FR of Yugoslavia and its organs.

5. Mandate: The responsibilities of the international security presence to be deployed and acting in Kosovo and Metohija (operative para 9) are clearly defined in the resolution, while the UN Secretary-General is authorized to establish an "international civil presence" in Kosovo and Metohija (operative paragraphs 10 and 11) in order to provide an "interim administration" for Kosovo and Metohija under which the people of Kosovo can enjoy "substantial autonomy within the Federal Republic of Yugoslavia".

Therefore, the limits of the "interim administration" are clearly defined in the Resolution (operative paragraph 10) which has been further confirmed in Annex II of the Resolution, paragraph 5 ("on the establishment of the interim administration for Kosovo and Metohija as a part of the international civil presence under which the people of Kosovo can enjoy substantial autonomy within the FR of Yugoslavia"). Under international standards "substantial autonomy" implies that some specific competencies and rights, such as the right of minorities to use, receive education and information in their own language, as well as the right to protect and foster individual culture and tradition and the affairs concerning the local administration, are transferred to the field of autonomy within the wider constitutional and legal order of a sovereign State.

Consequently, it is not possible to perform any functions outside the framework of "substantial autonomy" which is being advocated in the Report. Both the FR of Yugoslavia and the Republic of Serbia maintain all their authorities, functions and competencies in Kosovo and Metohija, except for those which, according to international standards, could be considered to be the authority and competence of "substantial autonomy". This, inter alia, implies questions such as unified economic conditions, unified regime of State border crossing, a single market and monetary and financial regimes, dinar as the single currency in a single country and a single market, a regime of identification documents, a unified legal system and all legal procedures (civil, criminal and administrative), all international obligations undertaken by the FR of Yugoslavia which are being implemented on its entire territory (such as the documents concerning the exercise of human rights, prohibition of discrimination, etc).

6. Special Representative: The UN Security Council has not authorized the Secretary-General's Special Representative to make arbitrary decisions in respect to what laws of the FR of Yugoslavia and the Republic of Serbia are to be implemented and what not in Kosovo and Metohija. Kosovo and Metohija is an autonomous province and constitutes an integral part a single constitutional, legal, economic, financial, monetary, fiscal, foreign exchange, customs, traffic and other systems of the Republic of Serbia and the FR of Yugoslavia.

In accordance with the obligation to respect sovereignty and territorial integrity of the FR of Yugoslavia in Kosovo and Metohija, Special Representative is obliged to observe Federal Constitution and other federal regulations as well as the Constitution, laws and regulations of the Republic of Serbia. The Government of the FR of Yugoslavia insists that this be fully observed in practice.

7. Agreement: Equally unacceptable is the position of UNMIK announcing its readiness to enter into arrangements with the FR of Yugoslavia in order to facilitate UNMIK activities in territories of the FR of Yugoslavia outside Kosovo (paragraph 36 of the Report), by which Kosovo and Metohija is de facto treated as a separate territory. The FR of Yugoslavia, as the host country to the international security and civil presence in Kosovo and Metohija under the auspices of the Untied Nations, remains open and requests that an over-all agreement be signed with the United Nations in order to regulate the status of international presence under the United Nations auspices as well as all other relevant issues.

8. Security and protection of citizens: On the basis of Security Council resolution 1244 (operative paragraph 9, subparas c and d) and of the Military Technical Agreement (paragraphs 1 and 2), the international security mission under the United Nations auspices, KFOR, has undertaken the obligation to ensure security and protection of all citizens, to keep public law and order and to establish and maintain a safe environment in the Province on the date when Yugoslav forces are withdrawn. However, despite the unambiguous obligations of KFOR, we are witnessing extremely serious problems arising out of unjustifiable procrastination of KFOR to fulfil its obligations.

The security gap created as a result of the withdrawal of the Yugoslav Army units and police, and the lack of any control of persons who enter into the territory of the FR of Yugoslavia at the unguarded international border crossings with Albania and Macedonia, as it has been requested and agreed upon, has as its consequence the infiltration of a large number of foreign citizens, terrorists of the so-called "KLA" and other criminal gangs from Albania. A large number of foreign citizens who are still in the territory of Kosovo and Metohija, without any control, jeopardize the security of all citizens in the Province and of Serbs and Montenegrins, as well as members of the national minorities and ethnic groups (Goranies, Turks, Roma, etc).

9. Return of refugees and displaced persons: One of the priorities of KFOR and UNMIK, pursuant to UNSC resolution 1244 (1999), operative subpara 9 (c) and operative subpara 11 (k) as well as in accordance with its Annex II, paras 4 and 7, is to establish a secure environment and ensure a safe and unhindered return of all refugees and displaced persons to their homes. With regard to non-Albanians in the Province, primarily Serbs and Montenegrin, KFOR and UNMIK not only failed to carry out their obligations, but have unfortunately also been responsible, due to their inadmissibly tolerant attitude towards the Albanian terrorists belonging to the so-called "KLA" and to other criminal gangs which have caused a mass exodus of Serbs, Montenegrins, Roma, Muslims, Goranies, Turks and others from the Province.

The Government of the FR of Yugoslavia urges KFOR and UNMIK to honor their obligations without delay and to create as soon as possible conditions for the return of all expellees from Kosovo and Metohija in safety.

10. Disarmament of the so-called "KLA": The greatest problem in the field of security represents the failure to fulfil the obligations set out in operative paragraph 9, subpara b and operative paragraph 15 of the resolution, concerning the demilitarization and disarmament of the so-called "KLA" and all other armed Albanian groups. The terrorist "KLA" has been given 90 days to demilitarize and disarm while the units of the Yugoslav Army have been withdrawn within an incomparably shorter period of time, i.e. within 11 days only, although this has been a more complex operation. The tolerant treatment of the so-called KLA by KFOR, which cannot be justified, has made it possible to undermine in various ways the above-mentioned imperative obligation under the resolution and to encourage Albanian terrorists and extremists to continue unhampered the systematic violence, terrorists acts and massive repression, particularly against Serbs and Montenegrins.

The failure to disarm Albanian terrorists and the alleged agreements reached between KFOR and the terrorist so-called KLA represent a mere manipulation of the public, because everyone is aware, including KFOR that the so-called KLA has brought together only groups or gangs of criminals, drug dealers and assassins who are trying to turn Kosovo and Metohija into an illegal center to supply the world market with narcotics.

This has resulted in an open ethnic cleansing in the presence of KFOR and UNMIK.

11. Massacre of Serbs in Staro Gracko: The brutal massacre of 14 Serbian farmers, women and children in the village of Staro Gracko, in the municipality of Lipljan, on 23 July 1999, when the Albanian terrorists brutalized and killed them close to where a KFOR contingent was located -represents the most appalling crime committed since KFOR and UNMIK were deployed in the Province. This is the latest in a series of tragedies which are the direct result of non-compliance with the obligations by KFOR and UNMIK to disarm Albanian terrorists six weeks after the United Nations assumed full responsibility for the security and safety of all the population in the Province, and of failure to prevent the systematic violence against Serbs and other non-Albanians.

KFOR and UNMIK bear full responsibility for this massacre and other crimes committed against innocent civimplary fashion and that they be effectively prevented in further sowing fear and raining death all across the Province.

The government of the Federal Republic of Yugoslavia demands the UN to undertake all the measures in order to punish properly the perpetrators for the crime in the Staro Gracko village, as well as of all the other crimes, and prevent them efficiently from the further spelling of fear and death in the province. A condition for averting similar tragedies in the future is for KFOR and UNMIK to comply fully with all their obligations under UNSC resolution 1244 (1999) and the Military Technical Agreement so that the so-called KLA and all Albanian armed terrorist groups be immediately disarmed, which could ensure safety of all citizens of Kosovo and Metohija and create conditions for normal life in the southern Serbian province.

The recent events in Orahovac and provocations of 300 members of the so-called KLA in uniforms, despite the presence of KFOR, is yet another confirmation of non-compliance with the provisions of Security Council resolution 1244 (1999) and of an unacceptable and biased treatment of Albanian terrorists.

12. Investigation of the crime: Forensic examination of victims: In the interest of building confidence among all people of the Province, particularly the Serbs, and of establishing normal inter-ethnic relations and of restoring the undermined trust as an essential precondition for the normalization of the overall situation in the Province, KFOR and UNMIK are dutybound to conduct a thorough and impartial investigation in all the crimes. This is particularly true of mass killings motivated by ethnic hatred and genocidal instincts. In this vein, it is particularly important that KFOR and UNMIK be tasked to carry out immediately an investigation into the Staro Gracko massacre and that the perpetrators of this horrible crime are brought to justice.

The Government of the FR of Yugoslavia insists that the Yugoslav investigation authorities and forensic specialists be included in the investigations and the process of identifying all people killed in Kosovo and Metohija.

13. Ethnic Cleansing: According to reliable information and still incomplete data which are also confirmed by the statements of official representatives of UNMIK (S.V. de Mello of 14 July 1999), over 165 thousand Serbs and Montenegrins have left Kosovo and Metohija since the arrival of the international force, i.e. in the period from 12 June to 26 July 1999, under the information provided by UNHCR. The reason for this exodus lies in the killings, kidnapping, looting of properties, widespread burning of Serbian villages as well as of cultural, historical and religious monuments, and other forms of intimidation.

- There are 78 536 registered internally displaced persons in Serbia and Montenegro. In Belgrade there are 24 293 displaced persons while it is estimated that their total number is 33 988. In Novi Sad, 3 134 IDPs have been registered while it is estimated that there are 5 720 of such persons. The largest number of the expelled Serbs and Montenegrins have found shelter in Kraljevo and its surroundings, where 51 136 persons have been registered and accommodation has been provided for as many as 74 983 persons (according to the information of 19 July 1999);

- At the same time, UNHCR data cite that 21 444 Serbs, Montenegrins and Roma have found refuge in Montenegro (according to the information of 19 July 1999);

- Prizren, Djakovica, Pec, Srbica, Podujevo, Vucitrn, Glogovac are now completely ethnically cleansed towns. The ethnic cleansing of Gnjilane, Urosevac, Kosovska Mitrovica and Lipljan is in its final stages. Over 3000 Serbs, i.e. 40 per cent of the total population have been expelled from Kosovo Polje. Serbs are being expelled also from the villages of Dzakovo, Osojane, Tucepom, Kos, Zac, Belica, Krnjice and Maticane, in the municipality of Istok. Thirty-two Serb families have been forced to leave the villages of Toplicane, Rujice, Magure, Slovinj, and Staro Gracko.

- Virtually entire towns, predominantly inhabited by Serbs - Istok, Klina, Donja Lapasnica, Obrandza, Velika Reka, Perane, Lause, as well as the villages in the vicinity of Podujevo such as Grace, Donja Dubica, Zociste, Orahovac, Naklo, Vitomirica, Belo Polje, Kajlovica, have been set on fire.

- Ninety-six persons have been killed while 8 of them have been massacred and 28 mutilated.

- 223 persons have been kidnapped, 22 are missing and 43 persons have been wounded.

- In Pristina alone, 120 cases of physical assault and mistreatment have been reported and 201 incidents of serious threats have been recorded.

- It has been reported that 251 houses and apartments have been broken into and looted, that 253 apartments in Pristina and about 120 in Kosovska Mitrovica have been broken into and forcibly taken occupancy of.

- In Pristina 68 houses have been burnt down, in Gnjilane 53, in Urosevac 80 and a large number in Lipljane. The fire has been also set to 70 houses in the village of Musutiste, to 32 houses in the village of Stimlje and to more than 400 houses in the municipality of Istok. In Pristina alone 9 apartments have been arsoned.

- Over 5 000 passenger cars have been stolen. This number increases by the day, while the number of unregistered Albanian crimes is much higher because of the severed communications and fear of retribution.

- Five Serbian medieval monasteries of great historical value have been vandalized or burnt down, such as the Holy Trinity monastery built in 1315 near Korisa and the Devic convent built in 1434. Also was destroyed the church of the Holy Mother of God built in 1315 in the village of Musutiste;

- Five cultural monuments have been demolished in Pristina alone, where there is also the headquarters of KFOR command, including the memorials to prominent Serb and Montenegrin men of letters, Vuk Karadzic and Petar Petrovic Njegos in downtown Pristina.

- Twenty churches and places of worship have been destroyed: Serbian churches in Prizren, Orahovac, Djakovica, Vucitrn, Samodrez and Velika Reka have been burned down. An attempt was made to set the bishop's residence in Pec and the temple of Holy Salvation in Pristina on fire. The clergy of the Serbian Orthodox Church in the Devic monastery (where a nun was raped) and in St. Nicholas's Church in Pristina have been terrorized.

- Not even cemeteries have been spared by Albanian terrorists and extremists who have barbarically vandalized and extensively damaged Orthodox headstones, while KFOR and UNMIK have not undertaken measures and actions as appropriate to stop this practice.

- There have been massive armed attacks on the Serbian villages of Slovinj, Maticane, Orahovac, Konjuh, Brivojce, Gornja Brnjica, as well as on the villages in the vicinity of Kosovska Kamenica, Grmcar, Magila, Ajvalija and all villages in the Istok-Klina region.

- Looted were Serbian villages Muzicani, Slivovo, Orlovic, Dragas as well as those around Kosovo Polje, like Sofalija, Livadice, Mirovac and in the region of Sirinica from which all residents have been expelled. (Annex 1 - An overview of terrorist and other acts of violence in the province of Kosovo and Metohija in the period from 12 June to 27 July 1999, according to the information provided by the Pristina-based Peace and Tolerance Center).

14. Dialogue: The terrorism practiced by the so-called "KLA" is manifested in drastic assaults on the lives of Serbs, Montenegrins, Roma, Muslims and non-Albanians as a whole, in daily murders, arson of family homes, demolition and desecration of Orthodox Christian holy places and cultural monuments.

All these problems are known to representatives of KFOR and UNMIK, whether first-hand or from their contacts with the officials of the Republic of Serbia and the FR of Yugoslavia, especially with officials from the Federal Government Committee for cooperation with UNMIK.

The Government of the FR of Yugoslavia considers this dialogue to be useful and that it should be expanded, so that the practical results in improving the security and the overall situation in the Province could be positive.

15. Usurpation: Albanian terrorists and extremists under the pretext that they are former employees take over forcibly and according to a plan all firms and institutions from local and federal authorities, including the crucial State-run enterprises, and all this is tolerated by KFOR. By usurping and forcibly taking over the institutions, facilities and enterprises, the so-called KLA is seeking to create a new situation on the ground only to be verified and legalized by the international presence. Kosovo and Metohija would thus become an ethnically pure Albanian land.

Unfortunately, UNMIK and KFOR make no effort to bring an end to lawlessness and to establish public peace and order, under Security Council resolution 1244, which represents its flagrant violation. Moreover, directly or indirectly, individuals or parts of KFOR and UNMIK support such behavior of the KLA.

In accordance with the obligations undertaken by KFOR and UNMIK to ensure full order in the Province, the Government of the FR of Yugoslavia demands that all the illegally expropriated private and public (State) property, as well as public assets (State institutions, factories, businesses, petrol stations, etc.) be restored to their former state without delay.

The current critical situation in the field of security and human rights is justified by the fact that international police forces have not been deployed yet. But this is an unacceptable and unjustifiable excuse, having in mind that it is the obligation of UNMIK and KFOR to organize in due course a police service in Kosovo and Metohija, i.e. to unconditionally guarantee a secure environment, public peace and order and the respect of human rights and fundamental freedoms.

16. Inviolability of private and State-owned property: The international presence under UN auspices is obliged to ensure respect for the inviolability of the rights related to private and State-owned property.

In this context, we welcome the position expressed by Special Representative Bernard Kouchner that the occupied dwellings of their illegally evicted owners would have to be vacated and returned to their rightful owners. In view of the obligation of KFOR and UNMIK to ensure respect of the law, the Government of the FR of Yugoslavia insists that all expropriated property, private or State-owned (State institutions, public assets, factories and other commercial facilities, etc.), be restituted to their owners under the law...

Memorandum of the government of the Federal Republic of Yugoslavia on the implementation of the UN Security Council Resolution 1244 (Part Two)