V DESTRUCTION OF THE UNIFIED CONSTITUTIONAL AND LEGAL SYSTEM OF THE FR OF YUGOSLAVIA

1. The economic system: A passive attitude of UNMIK with regard to further maintenance of the tight regime of economic restrictions imposed on the FR of Yugoslavia (Republic of Serbia) while allowing the establishment of a closed system of reconstruction and economic recovery for Kosovo and Metohija, separated from the Republic of Serbia and the FR of Yugoslavia, is in flagrant violation of the unified constitutional, legal, economic, financial, monetary, telecommunication, information, transport and other systems in the FR of Yugoslavia and the Republic of Serbia. The stabilization of the overall situation is thus rendered even more difficult. Directly profiting from this situation are Albanian separatists and terrorists alone who, in an atmosphere of security, economic and other confusion, seek to achieve ethnic cleansing of the Serbs and other non-Albanians and to separate the Province from the FR of Yugoslavia and the Republic of Serbia through the policy of fait accompli.

2. Monetary system: Security Council resolution 1244 (1999) does not provide a basis for any solutions leading to the violation of the sovereign rights of the FR of Yugoslavia in the monetary field. The dinar has been and will remain the sole currency valid on all territory of the FR of Yugoslavia, the Province included.

   However, by its decisions, UNMIK have committed a series of violations of the sovereignty of the FR of Yugoslavia in the monetary sphere by destroying the unified monetary system and the payments regime of the FR of Yugoslavia wherefore the FR of Yugoslavia protested to the Security Council (letter of 7 September 1999, addressed to the President of the Security Council and to the Secretary-General, S/1999/953). Namely:

   (a) By his regulation No. 1999/1 of 25 July 1999, the Special Representative has transferred, without authority, the legislative and executive power on a part of the territory of the Republic of Serbia and the FR of Yugoslavia, i.e. in Kosovo and Metohija, on to UNMIK, including disposal of both movable and immovable property, such as monetary funds, bank accounts or other types of property registered to the name of the FR of Yugoslavia, the Republic of Serbia or any body thereof operating from the territory of Kosovo and Metohija.

   Thereby, the Special Representative violates the inviolability of the sacrosanct right of property as one of the basic legal postulates of contemporary civilization. This form of neo-colonial pillage is unprecedented in the practice of peace-keeping operations of the United Nations.

   (b) Regulation No. 1999/4 ruptures the unified monetary area of the FR of Yugoslavia.

   To apply the solutions mentioned in the above regulations on only one part of the Yugoslav territory is unconstitutional and illegal, considering that Article 13 of the Constitution defines the FR of Yugoslavia as a unified area having a single market.

   The Government of the FR of Yugoslavia demands that the Security Council, i.e. the Secretary-General, under whose authority acts the Special Representative, revoke the said regulations as in direct contravention of Security Council resolution 1244 (1999), the Constitution and other laws in force in the FR of Yugoslavia.

3. Media: Contrary to the provision of Security Council resolution 1244 (1999) guaranteeing the territorial integrity of the FR of Yugoslavia, UNMIK has unnaturally cut off and closed the media space of the Province. Due to the policy of double standards, the Serbian population has been deprived of programmes in the mother tongue, the re- introduction of which is very slow and is being done with many strings attached. Accordingly, despite the presence of international forces and often on their orders, the non- Albanian population, primarily Serbs, is denied the right to the free media, whereas the Albanian population is given maximum assistance. Such behavior is a case of drastic ethnic discrimination and, by extension, a violation of basic human rights and fundamental freedoms.

   UNMIK and the OSCE are under the obligation to render all necessary assistance to the competent authorities of the Republic of Serbia in improving the current situation with no ultimatums and dictate, which is the basis of establishing an open and democratic media space and an incentive for the development of a democratic civil society.

VI CONCLUSIONS

It is evident that the alarming development of the security and overall situation in Kosovo and Metohija since KFOR and UNMIK deployment, characterized by mass terror against the Serbian and other non-Albanian population which resulted in the killing of 447 Serbs and other non-Albanians, abduction of 648 and the expulsion of over 330 000 of Serbs, Montenegrins, Muslim, Roma, Turks, Gorani, Croats and Egyptian and other non-Albanians, i.e. a massive ethnic cleansing has been brought about directly by an irresponsible and highly indolent attitude of KFOR and UNMIK, in particular the Special Representative towards their responsibilities under Security Council resolution 1244 (1999).

Proceeding from the fact that it has fulfilled all its obligations stemming from resolution 1244 (1999) and the related documents in full and timely, the Government of the FR of Yugoslavia demands that all other factors as well, primarily UNMIK and KFOR, strictly abide by their obligations in full and without delay. That is the key precondition for meeting the main objectives and tasks of the international presence in Kosovo and Metohija, as clearly set out in resolution 1244 (1999). In this respect and taking into account the territorial integrity of the FR of Yugoslavia, special attention is devoted to ensuring a safe environment for all the population of Kosovo and Metohija, to creating conditions for a safe and unimpeded return of all displaced persons and refugees, to preserving the multi-ethnic, multi-religious and multi-cultural character of the Province and to creating the conditions for a political process aimed at the establishment of autonomy which would guarantee full equality to citizens and all ethnic communities and groups.

Accordingly, the Government of the FR of Yugoslavia will not recognize the decisions of KFOR and UNMIK that are not in accordance with Security Council resolution 1244 (1999) or represent an attempt to diminish, i.e. to threaten he sovereignty and territorial integrity of the country and of the principle of full equality for all citizens in Kosovo and Metohija nor will they have any legal effect for it.

The FR of Yugoslavia, as a sovereign Member State of the United Nations, which has voluntarily accepted an international force under UN auspices on its territory, insists that the Security Council ensures full respect for its sovereignty and territorial integrity, in accordance with the Charter of the United Nations and Security Council resolution 1244 (1999) and the related documents.

The requests it has made in this regard to the Security Council and the Secretary-General, as well as to KFOR and UNMIK, are legitimate, legal and just.

The Government of the FR of Yugoslavia expects that the Security Council will finally take measures to which it is obligated under Security Council resolution 1244 (1999) and the position of the most responsible organ for peace and security and that it will secure a consistent implementation of the mandate of UNMIK and KFOR.

The Yugoslav Government insists that all regulations and other decisions in violation of the territorial integrity and sovereignty of the FR of Yugoslavia be immediately revoked and that all illegally taken State, public, socially-owned and private property be returned to legitimate owners.

One of the most pressing issues is also the enabling of the return of members of the Yugoslav Army and the Serbian Ministry of the Interior to Kosovo and Metohija, in accordance with op. paragraph 4 of Security Council resolution 1244 (1999), items 6 and 10 of Annex II of the resolution and paragraph 4 of the Military Technical Agreement. The Government of the FR of Yugoslavia demands once again that the Security Council ensure without delay the fulfillment of this obligation in the interest of calming the security situation in the Province and preventing the mass exodus of the remaining Serbian non-Albanian populations from the Province.

The Government of the FR of Yugoslavia also demands:

• that the regulation on "the transformation" of so-called "KLA" be cancelled and that it be proceeded to the full and unconditional disarmament of the "KLA", as well as the disbandment of its structures and that its leaders responsible for mass crimes and the systematic ethnic cleansing of Serbs and other non-Albanians, such as Hashim Thaci and Agim Cheku and others, be brought to justice.

• that all foreign nationals who entered the territory of the FR of Yugoslavia illegally be expelled;

• that free and safe return of all Serbs, Montenegrins, Muslim, Roma, Gorani, Turks, Croats and Egyptians and all other citizens expelled during the campaign of ethnic cleansing following the arrival of UNMIK and KFOR in the Province be guaranteed; - that free and unimpeded access of all humanitarian convoy be ensured;

• that a comprehensive Agreement between the FR of Yugoslavia and the United Nations be signed as soon as possible on the regulation of the status of the international presences under the auspices of the United Nations in Kosovo and Metohija and of other relevant issues;

• that the Security Council establish without delay a Committee on monitoring and supervising the implementation of Security Council resolution 1244 (1999) and the relevant documents.

The Yugoslav Government recalls that it has addressed a request to the Secretary- General that a delegation of the Security Council visit Kosovo and Metohija and acquaint itself directly with the real situation.

P R E V I O U S