Belgrade, 1 March 2000

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, Romanies, Turks, Goranians and other non-Albanian population in the Province.

- Through its Committee for Cooperation with the UN Mission in Priština, 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 Romanies, Muslims, Turks, Goranies 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, Romanies, Muslims, Turks, Goranies 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, Romanies, Muslims, Turks, Goranies 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 Romanies, 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 Miloš 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 Slaviša Dimitrijevi_ was killed in the attack and three other police officers were hurt. One of the attacking terrorists by the name Fatmir Ibiši 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 Priština, as well as in the village of Dušanovo 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 Romanies, Muslims, Turks and Goranies 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.

N E X T . . .