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Memorandum of the Government of the FR Yugoslavia on the implementation of UN Security Council Resolution 1244 (2)
March 06, 2000



P R E V I O U S . . .

3. Disarming of the terrorist so-called KLA

- Daily terrorization, violence, killings and destruction of Serbian homes and settlements, cafes and other places frequented by Serbs in massive numbers in those remaining Serbian enclaves, as well as attacks on civilians and Yugoslav security forces beyond the boundaries of the Province, with the use of heavy ordnance even, all testify to the fact that the terrorist so-called KLA has not been disarmed.

- Leaders of these terrorist/separatist formations, Hashim Thaqi, Agim Cheku and others, make no bones that one of their separatist aims is to establish an Albanian army in Kosovo and Metohija with the so-called KPC as its core, meaning nothing else that it would be a "transformed" terrorist so-called KLA.

The Government of the FR of Yugoslavia recalls once again its position, expressed in the letter of 22 September 1999 to the President of the Security Council, that purported transformation of the terrorist so-called KLA into the so-called "Kosovo Protection Corps" was a sham and a manipulation, so as to avoid the obligation of a genuine demilitarization and disarming of this illegal terrorist organization, a fact increasingly openly admitted even by the biased media and some Western politicians.

- KFOR and UNMIK, in particular Bernard Kouchner, bear full responsibility that the so-called KLA has not yet been disarmed, and that with their blessing, an illegal Albanian armed formation was created, composed mostly of proven Albanian but also of international terrorists recruited in neighbouring and other States known for sponsoring international terrorism. There is information that Islamic extremists from Chechenya are sheltering in large numbers in Kosovo and Metohija where they enjoy the protection of KFOR and UNMIK.

- Thriving crime in the Province: Another direct proof that KFOR and UNMIK have failed to discharge their mandates strictly, notably with respect to securing the international borders of the FR of Yugoslavia with Albania and Macedonia, is their patronizing attitude towards Albanian terrorists and separatists who enter the FR of Yugoslavia without hindrance, which is the main cause for the thriving crime and chaos in the Province.

- As a result of an unprotected border, in flagrant violation of Security Council resolution 1244 (1999), KFOR and UNMIK have allowed illegal entry into the Province of several hundred thousand criminals and looters from Albania, aimed at spilling over the chaos from Albania into Kosovo and Metohija. Kosovo and Metohija have, thus, been turned into a stronghold of organized international crime, terrorism, narco mafia, illicit arms trafficking, white slavery, juvenile crime and prostitution rackets in Central and Western Europe, with a view to rampant crime and destabilization of Europe and preventing the ongoing integration processes.

4. Civil registration and elections in Kosovo and Metohija

- Against a background of continuing terror, final stages of the ethnic cleansing of Serbs and other non-Albanian population in the Province, absence of conditions for the return of over 350,000 expellees and a presence of a couple of hundred thousand illegal foreign citizens in Kosovo and Metohija, it is evident that there are not even the basic conditions for civil registration in the context of the preparations for the elections to be held in near future. Ignoring these facts and insistence by OSCE and UNMIK to proceed to civil registration in the circumstances described represent an attempt at the policy of fait accompli and at encouraging the further destabilization of the Province along the lines of achieving the separatist goals of Albanian extremists.

The Government of the FR of Yugoslavia strongly rejects any attempt at calling for early elections in the Province until basic conditions are not met, i.e. consolidated peace and stability on the basis of Security Council resolution 1244 (1999) implying first of all a free and safe return of all expelled Serbs and other non-Albanian population, and until basic parameters for the political settlement in Kosovo and Metohija are agreed with the Government of the FR of Yugoslavia.

5. Delaying the return of Yugoslav Army (VJ) and police (MUP)

- In a situation in which KFOR and UNMIK do not carry out their mandate of guaranteeing full personal safety and safety of property for all the population and of providing conditions for a safe and unimpeded return of all displaced persons and refugees, undue delays in the implementation of the provisions of the Military Technical Agreement relating to the return of VJ and MUP (UNSCR 1244, op. para 4; Annex 2, subpara 6 and 10; MTA paragraph 4) additionally encourage Albanian terrorists to continue with their daily terrorization of Serbs and other non-Albanians with the aim at completing the ethnic cleansing of the Province.

The Yugoslav Government insists that this obligation is fulfilled immediately and without any conditions.

6. Responsibility of the United Nations Security Council

The Security Council, as guarantor for its resolution 1244 (1999), is responsible for strict compliance with all provisions of the resolution and its related documents, primarily those reaffirming the sovereignty and territorial integrity of the FR of Yugoslavia on all its territory, as well as for the respect of general standards in the implementation of UN peace-keeping operations, above all the universal principles of the United Nations Charter, International Covenants on human rights, etc. This responsibility includes the obligation of the Council to prevent any departing from, delaying of the implementation or arbitrary interpretation of the provisions of its resolution 1244 (1999) and its related documents. Only the Security Council has the authority to give a binding interpretation of the provisions of its resolutions. Continued gross violations of the provisions of the Resolution and its related documents by KFOR and UNMIK which brought about an alarming development of the situation in the Province, have not been responded to by adequate measures of the Security Council to put an end to such dangerous developments. This confirms that the Security Council has not fulfilled its obligations and therefore it is held directly accountable for the detrimental consequences caused by such conduct.

Proceeding from the fact that it has fulfilled all its obligations under Security Council resolution 1244 (1999) and its related documents, the Government of the FR of Yugoslavia insists that all other responsible factors, and primarily the Security Council as the most responsible organ, carry out immediately and unconditionally their share of responsibility

III Assessment of current development of the situation in Kosovo and Metohija

1. Overall performance of KFOR and UNMIK

The results of the nine-month long international security (KFOR) and civilian (UNMIK) presence in the south Serbian Province are extremely weak. The utterly disturbing situation is characterized by wide-spread crime and terror, chaos and lawlessness, genocide and ethnic cleansing of Serbian and other non-Albanian population, destruction of their private property, looting and usurpation of the property of the State and of private firms, carried out by armed Albanian extremists, members of the terrorist so-called KLA in particular.

- Multiethnic Kosovo and Metohija - hypocrisy of KFOR and UNMIK: In spite of verbal pledges of KFOR and UNMIK to preserve multiethnic character of the Province, the activities and behaviour of international presence in Kosovo and Metohija are quite opposite. The fact that over 350 thousand citizens of the Province, out of whom 270 thousand Serbs and Montenegrins, have been forcibly driven out of Kosovo and Metohija in the presence of international force and under its auspices and mandate, is totally alarming and disastrous for the reputation of the world Organization.

- Ethnic cleansing of Serbs and Montenegrins in the largest part of the Province has been already accomplished. Now, the remaining isolated Serbian enclaves, above all Kosovska Mitrovica as the largest one, have become the target of Albanian terrorists and of sensless moves of KFOR and UNMIK which add more fuel to the flames.

The insisting of KFOR and UNMIK on the establishment of multiethnic communities in the remaining Serbian enclaves in particular is both unconvincing and cynical, since at the same time no one is even mentioning for example Priština in which about 40 thousand Serbs and Montenegrins used to live before the arrival of KFOR and UNMIK, and now less than two or three hundred of them remain. There is not a word about the situation in Prizren, Pe_, Orahovac, Djakovica, Glogovac and many other towns, villages and areas in Kosovo and Metohija, like Kosovo Pomoravlje, which are also completely ethnically cleansed of Serbs and Montenegrins, while the issue of their return to their homes is not even the subject of at least formal rhetoric of responsible KFOR and UNMIK representatives.

The action of searching the houses of Serbs in Kosovska Mitrovica brutally carried out by the members of American and German contingent of KFOR, which coincided with unhampered arrival of thousands of Albanian extremists led by terrorists of the so-called KLA to Kosovska Mitrovica in order to threaten and frighten the remaining Serbs irrefutably testifies to the cooperation and collusion of KFOR and UNMIK with Albanian terrorists, as well as of their active engagement in the concept of changing borders in the Balkans to create the so-called Greater Albania. At the same time, this is the latest confirmation of the proven policy of demonizing Serbs in order to justify the real goals -the ending of the campaign of ethnic cleansing of Serbs in the Province, and to conceal the facts that the members of the so-called KLA have been neither demilitarized nor disarmed. This is the main reason why, the OSCE condemned in its report of 21 February the house searching operations pointing out that KFOR has violated thereby the provisions of the International Covenant on Civil and Political Rights and establishing that the action was illegal which was also brought to the attention of the head of UNMIK, Bernard Kouchner.

- Non-compliance and gross violations of the basic provisions of Security Council resolution 1244 (1999) and its related documents by KFOR and UNMIK, has resulted directly in the dramatic security and general situation in the Province, above all in the continuation of Albanian terrorism, violence and ethnic cleansing of Serbs and other non-Albanian population and wide scale crime and lawlessness in the Province. Thus KFOR and UNMIK have become accomplices in the most serious crimes committed against Serbs and other non-Albanian population and they are responsible mostly for the non-existence of elementary security of Serbs and non-Albanian population in the Province.

The tested tactics of deluding the world public and of diverting the attention from the complete fiasco of international mission under the auspices of the United Nations is being applied in Kosovo and Metohija. After practically completed ethnic cleansing and destruction of everything that is related to Serbs and non-Albanians, any attempt to look for the guilty ones among few Serbs who remained is not only a cynicism but also a proof of direct protection of terrorists and separatists, of organized international crime and of the continuation of a new form of aggression against the FR of Yugoslavia which characterizes the alliance between NATO and terrorist so-called KLA. Such activity is obviously aimed at spreading the destabilization over the entire region of southeastern Europe. In this way Kosovo and Metohija is being transformed into a centre of prolonged destabilization of Europe, and the entire region into a centre for the concentration and spreading of international terrorism which deeply penetrated into the tissue of Europe and through Kosovo and Metohija should be spread and jeopardize the process of integration.

The continuous deterioration of the overall situation in the Province is in line with the efforts to provoke artificially the prolonged destabilization in the region which should justify the existence of NATO and to rehabilitate its prestige and credibility which have been seriously brought into question by its illegal aggression against the FR of Yugoslavia.

Therefore, the statements of KFOR and UNMIK representatives of alleged success of the international mission in the Province are unacceptable and completely biased, since it is clear that they are not founded on real situation on the ground and consequently this can lead to the conclusion that they are based on the assessment of some other goals which are different from those set up in Security Council resolution 1244 and its related documents. The statements that the number of crimes has been reduced in absolute terms are unacceptable because this is the result only of a continuous reduction of the number of Serbs and other non-Albanian population who are the victims of Albanian terrorists.

- Cooperation of KFOR and UNMIK with separatists and terrorists in jeopardizing the sovereignty and territorial integrity of a sovereign Member State of the United Nations, in systematic violation of the Charter of the United Nations, international law, Security Council resolution 1244 and Military Technical Agreement, incites not only the security and legal chaos in the Province but dangerously undermines the security foundations in the entire region. Such behaviour of international forces under the auspices of the Untied Nations is without a precedent in the history of United Nations peacekeeping missions, whereby the reputation and authority of the United Nations are seriously brought into question.

- Strict implementation of the Resolution and its related documents is the main precondition for the normalization of the overall situation in the Province and the obligations of all to unconditionally observe that.

2. An imperative to normalize the situation in Kosovo and Metohija

All parameters unambiguously confirm that the developments in the Province are moving towards the further worsening of the overall situation which will become even more complex and dangerous with possible far-reaching adverse consequences on the entire region. By the gross violation of the provisions of the Resolution and by their overall conduct, KFOR and UNMIK have unambiguously confirmed that the presence of international forces under the auspices of the United Nations in Kosovo and Metohija is a complete fiasco. The United Nations Security Council bear primary responsibility for this since it failed to undertake necessary and energetic measures it was bound to under the Resolution, and to ensure a strict implementation of the provisions of the Resolution and its related documents.

Therefore, it is necessary to put an end as soon as possible to this shameless mission of the so-called international community in Kosovo and Metohija since it is obvious that it could not or did not want to implement the mandate entrusted upon it by Security Council resolution 1244 (1999), and to let the competent authorities of the FR of Yugoslavia and Republic of Serbia to restore in the Province: order and peace, rule of law and legality; personal protection and the protection of the property of all its citizens irrespective of their ethnic origin or religion, as well as to ensure normal functioning of all commercial entities and local authorities and normalization of entire life in the Province, as a necessary prerequisite for launching political dialogue between the representatives of the State and ethnic communities in Kosovo and Metohija about the parameters of autonomy and self-governance in the Province.

IV Demands of the Government of the FR of Yugoslavia

Proceeding from its sovereign rights, guaranteed by Security Council resolution 1244 (1999), Ahtisaari-Chernomyrdin document and Military Technical Agreement, the Government of the FR of Yugoslavia reiterates its demand:

- that the Security Council undertake urgently energetic measures to ensure strict respect of all provisions of the Resolution and its relevant documents, above all those which confirm sovereignty and territorial integrity of the FR of Yugoslavia on its entire territory;

In this context, the Yugoslav Government insists in particular :

- that UNMIK and KFOR unconditionally and without delay respect and implement the mandate set up in the Resolution and its relevant documents;

- that sovereignty and territorial integrity of the FR of Yugoslavia and the Republic of Serbia be strictly respected in Kosovo and Metohija and in this context full normalization of functioning of customs, border regime, public services (PTT, power supply system, railway, banking system) be ensured in accordance with the laws of the Republic of Serbia and the FR of Yugoslavia and principles of market-oriented economy in view of restoring the ties of the Province with the Republic of Serbia and the FR of Yugoslavia which have been artificially broken and of guaranteeing the unconditional return of Yugoslav border authorities, customs and passport control to the State border of the FR of Yugoslavia with Albania and Macedonia;

- that all regulations and other decisions of UNMIK and KFOR which violate territorial integrity and sovereignty of the FR of Yugoslavia and the Republic of Serbia be revoked, that the respect for the laws in force of the FR of Yugoslavia and the Republic of Serbia be ensured on their entire territory;

- that all illegally seized State, public, socially-owned and private property primarily PTT, power supply system, railway, banks, mines, factories, firms, be returned to legal owners.

- that immediately a safe environment for all citizens and their full personal safety and safety of their property be ensured;

- that energetic measures be taken to end terrorization, intimidation and ill-treatment of the population belonging to the Serbian, Romanies, Muslim, Goranies, Turk and other non-Albanian ethnic communities, as well as a halt to the use of force resulting in the violation of their fundamental human rights and an immediate end to the ethnic cleansing of the Province of its non-Albanians;

- that a free and safe return to the Province be ensured to more than 350,000 Serbs, Montenegrins, Romanies, Goranies, Turks, Egyptians and other inhabitants expelled in a campaign of ethnic cleansing after UNMIK and KFOR came to the Province;

- that immediately several hundred thousand citizens of Albania who have illegally entered the Province be expelled;

- that the combat structures of the terrorist so-called KLA be disbanded and all its members disarmed as well as other Albanian armed gangs, that all their weapons be destroyed, which is the main reason for the lack of security in the Province and for overall thriving crime, and in particular to declare null an void the document on the "transformation" of the so-called KLA;

- that, without delay, an unhampered return of the members of VJ and MUP to Kosovo and Metohija be allowed, in compliance with the MTA, in the interest of normalizing security and preventing further massive expulsions of the remaining Serbs and other non-Albanian population from the Province;

- that full freedom of movement on the entire territory of the Province be ensured and that all existing ghettos, detention camps, blockading of towns and villages, such as Kosovska Mitrovica, Orahovac, Gnjilane and others, where the remaining Serbs now live, be removed;

- that an unimpeded delivery of humanitarian assistance be enabled;

- that normal functioning of education, respect for the autonomy of university and other educational and cultural institutions and the media, especially those in Serbian language and wherever Serbs are predominant (Kosovska Mitrovica, etc.) be ensured;

- that full and permanent protection of remaining cultural and historic monuments, medieval monasteries, churches and cemeteries be ensured; that without delay, the leaders of the so-called KLA, H. Thaqi and A. Cheku in the first place, as well as all other instigators of serious crimes, genocide, ethnic cleansing and terrorist acts against the non-Albanian population, their property and State and public property, and against cultural and historic sites, educational, health, commercial and other institutions and facilities, be held accountable and punished in an exemplary fashion;

- that without any further delay, a comprehensive agreement between the FR of Yugoslavia and the United Nations on regulating the status of the international presence under the auspices of the United Nations in Kosovo and Metohija and on other relevant issues, be concluded without further delay.

N E X T . . .


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