III SYSTEMATIC VIOLATION OF SECURITY COUNCIL RESOLUTION 1244 (1999) AND OF THE MILITARY-TECHNICAL AGREEMENT

1. Security and protection of citizens; Since the withdrawal of the Yugoslav forces, it has been KFOR's and UNMIK's primary obligation pursuant to Security Council resolution 1244 (1999) (op. paragraph 9, items c) and d) and to the Military- Technical Agreement (items 1 and 2) to ensure the security and protection of all people, maintain civil law and order and establish and maintain a security environment in the Province. However, despite this clear obligation assigned to KFOR and UNMIK and the expected improvement of the security situation for all the people of the Province, the conditions are dramatically worsening by the day.

2. The return of refugees and internally displaced persons (IDPs): One of OR's and UNMIK's priority tasks under Security Council resolution 1244 (1999), op. paragraph 9, c) and op. paragraph 11, k), as well as of Annex II, items 4 and 7 is to establish a security environment and ensure the safe and unhindered return of all refugees and IDPs to their homes. With respect to the non-Albanian population in the Province, in particular Serbs and Montenegrins, not only have KFOR and UNMIK failed to fulfil their obligations, but have, regrettably, by their impermissibly tolerant attitude to Albanian terrorists of the so-called KLA and other criminal gangs, become responsible for their massive expulsion.

   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 the safe return of all persons expelled from Kosovo and Metohija.

3. Disarming of the so-called KLA: Not only has the obligation set forth in op. paragraph 9 b) and op. paragraph 15 of the resolution on demilitarization and disarming of the so-called KLA and all other armed Albanian groups not been fulfilled, but this imperative obligation has, owing to KFOR's and UNMIK's unjustifiably tolerant attitude towards the so-called KLA, been in different ways sabotaged and manipulated.

   The decision by UNMIK on the so-called transformation of the terrorist KLA into an allegedly civilian organization - the Kosovo Protection Corps - is particularly unacceptable and groundless. It is not based on any provision of Security Council resolution 1244 (1999) or the related documents. Instead of a full disarmament and a disbandment of the command and organizational structures of the terrorist so-called KLA, the organization has been amnestied and made legitimate. At the same time a core of some future Albanian army in Kosovo and Metohija has thus been created as publicly pointed out by its "commander", the notorious terrorist Agim Cheku.

   Daily terror, violence, killings and the devastation of Serbian houses and settlements, even with the use of heavy weapons, including considerable quantities of Ambrust and Stinger missiles, as well as other weapons for the arsenal of NATO, clearly indicate that the terrorists of the so-called KLA have hidden huge quantities of arms. This is also attested to by the latest report by Amnesty International on the FR of Yugoslavia of October 1999 ("A Broken Circle") which clearly states that, despite the fact that the so-called KLA formally ceased to exist, " . large quantities of armaments, including automatic weapons, mines and anti-tank armaments, have remained in private hands or under the control of small groups". It is also clearly said that the newly-formed Kosovo Protection Corps "is dominated by the former leaders and members of the KLA" who have "retained prominent and influential positions in the society of Kosovo Albanians".

   KFOR and UNMIK are to be held fully responsible for the fact that the so-called KLA has not yet been disarmed, that they held secret negotiations, without the participation or information of the competent authorities of the FR of Yugoslavia, with the Albanian separatist leaders, the avowed terrorists. The signing of the disgraceful "agreement on the transformation" of the terrorist so-called KLA with their commander- in-chief Agim Cheku, in contravention of Security Council resolution 1244 (1999), for which no approval was requested from, no have prior notification been made to, the members of the Security Council, the Legal Service of the UN Secretariat or anyone else in the UN, is an unscrupulous act without precedent in the Security Council's work methodology and cannot be justified by anything. The evident intention of KFOR and UNMIK was to hide this flagrant violation of Security Council resolution 1244 (1999) and of the related documents, as they had been fully aware that they could not obtain the consent of the Security Council.

   It is inadmissible that the international forces under the auspices of the UN co- operate in actions that tarnish the reputation and erode the authority of the world Organization. The alleged transformation of the terrorist so-called KLA is nothing but an attempt to manipulate the international public. Despite the irrefutable evidence about its terrorist nature and genocide that it is still perpetrating against the Serbs and other non- Albanians, this transformation has turned the terrorist so-called KLA into a legitimate organization and created the conditions for its continued existence.

   It is well known that the so-called KLA is made up only of a number of groups of thugs and criminals, drug dealers and murderers who seek to turn Kosovo and Metohija into a centre for illegal supply of the world market with narcotics. By their approach, KFOR and UNMIK have been complicit in encouraging Albanian terrorists and extremists to resume unhindered the systematic violence, terrorist acts and massive repression, particularly against Serbs and Montenegrins.

   In this regard, the Government of the FR of Yugoslavia recalls the position stated in its letter to the President of the Security Council (No. 858/99) of 22 September 1999 in which it pointed out that the failure to demilitarize the so-called KLA and the forming of the Kosovo Protection Corps was a farce and a manipulation.

4. Massive massacres of Serbs: The hideous massacre of 14 Serbian farmers, women and children at the village of Staro Gracko, municipality of Lipljan, on 23 July 1999 whom Albanian terrorists maltreated and killed in the immediate vicinity of the place where one of the KFOR contingents was deployed, is one of the most monstrous crimes that happened in the presence of KFOR and UNMIK.

   The Government of the FR of Yugoslavia informed the Security Council in detail on this event in its Memorandum (S/1999/ 828, Annex, of 27 July 1999). With regard to this heinous act, the Yugoslav Government requested from the United Nations to take all the measures necessary to punish the perpetrators of this, as well as of all other crimes, and to effectively prevent them from engaging in criminal activities, which implies primarily their efficient and full disarmament and demilitarization, including the disbanding of their command structure.

   - Massacre at the village of Ugljare: On 25 August 1999 KFOR officially reported on this abominable crime. 15 bodies of killed Serbs were discovered in a mass grave, among which were identified the bodies of Dragan Tomic and two members of the Zdravkovic family, abducted by the terrorists of the so-called KLA. The mass grave was discovered in the U.S. sector of responsibility, and the general public was informed thereof more than a month later.

   The Yugoslav Government lodged the strongest protest to the President of the Security Council and the Secretary-General (S/1999/914) 26 August 1999, particularly because of the fact that KFOR hid the massacre from the public, protecting thus the criminals.

   - The attack on the market place at Bresje: On 28 September 1999 the terrorists of the so-called "KLA" carried out an attack using grenades on the market place at Bresje near Kosovo Polje at the time when it was overcrowded. On that occasion, two Serbs were killed, 42 were wounded, including 7 who sustained serious injuries.

   The Government of the FR of Yugoslavia lodged the strongest protest to the President of the Security Council (S/1999/1018) of 1 October 1999, as well as to KFOR and UNMIK, demanding resolute measures against the perpetrators of this crime designed to intimidate the remaining Serbs and make them leave the Province.

   -The attack on the convoy of Serbs from Orahovac: On 27 October 1999 the Albanians carried out an attack on a convoy of a total of 162 Serbs in 5 buses and 21 cars despite the fact that the convoy had been organized by UNHCR and that they had been informed beforehand that the vehicles transported the sick who could not be given appropriate and urgent medical attention in blockaded Orahovac. 18 Serbs were injured in the attack.

   - The massacre in the village of Drenovac: The members of Albanian terrorists massacred last August about 50 Serbs and Montenegrins in the area of the village of Drenovac and did not allow their burial.

5. The blockade of Orahovac- the first ghetto after 1945: The three-month blockade of 4,500 Serbs, Montenegrins and Roma is the first ghetto in Europe after World War Two in the creation and maintenance of which take joint part the terrorists of the so-called "KLA" and the international forces under the auspices of the United Nations. Such behavior by KFOR and UNMIK in Kosovo and Metohija is the heaviest blow to the reputation and authority of the United Nations.

   -The besieged Serbs are denied the freedom of movement, entry and exit. It is very difficult to supply food and provide other relief aid, as well as the necessary health protection to the sick, children and the elderly. Because of these inhumane conditions, as well as the fact that the Albanians have refused to supply the Serbs with electric power and water, communicable diseases have been registered, while the symptoms of rickets and avitaminosis have occurred among the youngest due to inadequate nutrition.

   -In the part of Orahovac where Serbs are blockaded there is no outpatient clinic, while KFOR arrested the last Serbian doctor, Vekoslav Simic. Serbian children (372 elementary school students) are prevented from attending school.

   -Since the arrival of KFOR and UNMIK 14 Serbs from Orahovac have been killed and 2 persons have died of grief.

   -The blockade of Orahovac is a drastic example of the policy of double standards pursued by KFOR and UNMIK in the Province. While they assiduously remove roadblocks which the Serbs put up around their settlements exclusively for the sake of their personal safety, KFOR and UNMIK have not done anything in the last 3 months to lift the blockade of Orahovac.

   - On the basis of anonymous and arbitrary reports by Albanian terrorists from the ranks of the so-called "KLA", KFOR and UNMIK have arrested 11 Serbs from Orahovac who are accused for alleged war crimes. Among the arrested are 6 most prominent personalities from Orahovac - Mayor Andjelko Kolasinac, Dr. Vekoslav Simic, Stanislav Levic, Ceda Jovanovic, Danilo Misic and Radosav Misic.

   Nenad Matic, Miodrag Djinovic, Novica Krstic, Arsenije Vitasovic and Dejan Micic have also been arrested. These arbitrary arrests are designed to intimidate the remaining Serb population in Orahovac and make them abandon their homes whereby KFOR and UNMIK aid and abet ethnic cleansing.

6. Investigation of crimes; pathological identification of victims: KFOR and UNMIK are obligated to conduct a detailed and objective investigation into all crimes, regardless of who they were perpetrated by. This applies in particular to the mass crimes of genocidal nature motivated by ethnic hatred. In this context, particularly important is KFOR's and UNMIK's task to ensure, by efficient operations, the arrest and punishment of the perpetrators of all, and in particular, mass crimes (massacres at Staro Gracko, Ugljare, the market place at Bresje near Pristina, the village of Drenovac, in Prizren, etc.). The results of KFOR's and UNMIK's activities on this plane to date have been disastrous - apart from punishment for ordinary criminal offenses, not a single terrorist, criminal, has been convicted for the grave crimes committed against Serbs or the members of other non-Albanian ethnic communities.

   The Government of the FR of Yugoslavia reiterates its earlier request that, in accordance with Security Council resolution 1244, the competent federal and republic authorities regularly participate in investigations, as well as in the process of establishing the identity of all the persons who have killed in Kosovo and Metohija.

7. Ethnic cleansing: Due to the systematic campaign of maltreatment, killings, abductions, rape, looting of property, mass burning of Serbian villages and cultural- historical monuments and religious shrines and other means of intimidation, over 330,000 non-Albanians, including more than 250,000 Serbs, have been expelled from Kosovo and Metohija since the deployment of KFOR and UNMIK. - Prizren, Djakovica, Pec, Srbica, Podujevo, Vucitrn, Glogovac, as well as the villages of the municipality of Istok, Dzakovo, Osojane, Tucepom, Kos, Zac, Belica, Krnjine, Maticane, Kacanik, Stimlje, Kmetova Vrbica, the area of Urosevac, Slivovo, Nedakovac, Nevoljane, Vrpica, Ljestar, Zegra, Zitnje have been completely ethnically cleansed; - Out of 35,000 Serbs who lived in Pristina prior to the arrival of KFOR and UNMIK, only less than 500 remain;

   - It has been established that 447 persons have been killed (22 of them were slaughtered, 84 massacred, 5 burned), 216 wounded; 648 persons have been registered as kidnapped or missing, most of them Serbs; arbitrarily, following anonymous reports by Albanian, KFOR arrested 35 Serbs and 3 Albanians;

   - Over 50,000 houses have been registered as burned in the territory of the Province, 12 000 cars have been stolen, more than 70 medieval Serbian monasteries and cultural monuments of exceptional historic value have been destroyed or burned;

   - The blockades of the following villages have been registered: Gadnje, Orahovac, Velika Hoca, Koretin, the villages in the vicinity of Gnjilane, Priluzje, Gornja Srbica (1). ----------- (1) See Annex - Overview of Terrorist and Other Acts of Violence

IV POLICY OF DOUBLE STANDARDS AND FAIT ACCOMPLI

1. Usurpation: UNMIK and KFOR do not take measures as required by Security Council resolution 1244 (1999) to prevent lawlessness and maintain public order and peace. Indirectly, and often even directly, individual members and segments of KFOR and UNMIK offer support to such conduct by Albanian terrorists and extremists.

   According to available information, a UN civil police, John A. Henderson, and his fellow policemen, toured Serbian flats in Pristina, encouraging their owners to leave. In doing so, he gave them the name and address of Smaili Ekrem, an Albanian lawyer, to provide them "legal aid".

   Construction of a US military base near Urosevac, without the authorization of the competent authorities of the FR of Yugoslavia, is the most serious form of usurpation of public land and the provisions of Security Council resolution 1244 (1999) concerning the sovereignty and territorial integrity of the FR of Yugoslavia.

   All illegal changes of ownership, usurpation of private or public property in Kosovo and Metohija represent a gross violation of the provisions and the substance of Security Council resolution 1244 (1999) and can have no legal effect.

   The Government of the FR of Yugoslavia demands that all illegally possessed private and public property, as well as public facilities (State, socially-owned and public institutions, facilities of the Electric Power Capacities of Serbia, PTT, mines (Trepca) in which foreign capital has been invested, as well as many factories, commercial businesses, petrol stations, etc.) be restored to their previous state without delay (restitutio in integrum). In particular, it insists that Regulation No. 1999/10 of 13 October 1999, encouraging further departure of Serbs and other non-Albanians from Kosovo and Metohija, be declared legally null and void .

2. Discrimination: KFOR and UNMIK encourage and countenance discrimination against Serbs in employment. Most often the ratio of 9 to 1 in favor of Albanian employees is applied, thus arbitrarily determining the demographic structure of Kosovo and Metohija, artificially increasing the number of Albanians and deliberately reducing the numbers of Serbs and other non-Albanians and grossly violating the democratic principle of equality of all citizens irrespective of their nationality or ethnicity or religion. This is particularly true of management positions whereby the Serbs and other non-Albanians are prevented from being re-instated to positions forcibly usurped by the Albanians. As a result, the livelihoods of great many Serbs and Montenegrins (20,000 in Pristina alone) working in public institutions have been directly threatened whereby they are forced to leave.

3. A multi-ethnic, multi-religious and multi-cultural character of the Province: The Government of the FR of Yugoslavia seeks guarantees of a safe and free return for all expelled Serbs, Montenegrins, Roma, Muslims, Turks, Gorani, Croats and Egyptians, as well as full observance of the sacrosanct rights to private property, employment, health protection and, above all, the right to life as provided to Albanian refugees. It insists that KFOR and UNMIK ensure the functioning of all public services, the unified electric power system, PTT, health services, the judiciary, etc. within the relevant systems of the Republic of Serbia and the FR of Yugoslavia, ensure a safe return of all employees expelled by force from the positions, create normal conditions for their work, including their protection on their way to and from work.

4. The alleged transformation of the terrorist so called "KLA" is a drastic example of double standards and the policy of fait accompli, aimed at violating in a most flagrant way Security Council resolution 1244 (1999), the Ahtisaari/Chernomyrdin document and the Military-Technical Agreement. The Agreement on that between the representatives of the United Nations and the terrorist leader was concluded without consultation and approval and prior notification and represents a blow to the reputation and role of the Security Council and the encouragement of separatism and terrorism with unforeseeable consequences.

   The Yugoslav Government recalls its request to the Security Council of 22 September 1999 to have that so-called Agreement cancelled.

5. An obvious example of the policy of double standards is also the forcible dismantling of Serbian roadblocks set up exclusively to protect Serbian houses and settlements, as KFOR and UNMIK fail to do so notwithstanding their obligations. At the same time, they continue to tolerate the Albanian siege of Orahovac, lasting for several months now, without any indications that something with be done in that direction soon even though it is directly related to the prevention of the regular deployment of KFOR troops. Although Security Council resolution 1244 (1999) guarantees free movement of peace-keepers and the violation of this provision implies possible use of force, KFOR and UNMIK have done nothing to lift the siege of Orahovac.

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