Report of the Secretary-General on UNMIK (S/2006/707) PART 1/2

UNITED NATIONS SECURITY COUNCIL

 

Distr.: General

1 September 2006

Original: English

 

I. Introduction

 

1. The present report is submitted pursuant to Security Council resolution 1244 (1999) of 10 June 1999, by which the Council decided to establish the United Nations Interim Administration Mission in Kosovo (UNMIK) and requested the Secretary-General to report at regular intervals on the implementation of the mandate. It covers the activities of UNMIK and developments in Kosovo (Serbia), from 1 May to 14 August 2006.

 

II. Political assessment

 

2. During the reporting period, my Special Envoy for the future status process for Kosovo, Martti Ahtisaari, has continued to bring representatives of Belgrade and Pristina together for direct talks. UNMIK has continued to support the work of my Special Envoy, while he has sought to encourage greater results from standards implementation. The first high-level meeting was held at Vienna on 24 July. The President and the Prime Minister of Serbia and the President and the Prime Minister of Kosovo headed their respective delegations. It was a useful meeting which provided the parties with an opportunity to present their proposals on Kosovo’s future status at the political level, although both used this forum to reiterate their divergent positions, substantial autonomy and independence, respectively.

 

3. Three additional rounds of direct talks between the parties on the decentralization of the governmental and administrative functions of Kosovo, including the delineation of municipal boundaries, were held at Vienna on 4 and 5 May, 19 July and 7 August. The parties met to discuss cultural heritage and religious sites on 23 May and 18 July, economic issues on 31 May, and community rights on 8 August. Despite convergence on some matters, the talks revealed that the parties remain far apart on most issues.

 

Political situation

 

4. The political situation in Kosovo during the reporting period was dominated by the future status process, and the underlying political challenges. Foremost among these is the issue of governance of the portion of Kosovo territory which lies north of the Ibar River. The words and actions of the parties continue to demonstrate that this issue is among the most sensitive and that it poses formidable challenges to a viable conclusion of the process to determine the future status of Kosovo. Approaches to northern Kosovo will need to be carefully coordinated among relevant international actors.

 

5. Relations between Kosovo Albanians and Kosovo Serbs are still affected by apprehensiveness, particularly in northern Kosovo. In May, there were several highly publicized security incidents, which affected Kosovo Serbs but were not necessarily of an inter-ethnic nature. The incidents were denounced by some Kosovo Serb leaders and Serbian authorities as inter-ethnic attacks and, in their wake, a demonstration was held in protest on 5 June by approximately 800 Kosovo Serbs in Zveçan municipality. The Zveçan Municipal Assembly then declared that the security situation in the municipality and its environs necessitated “extraordinary” measures, including the cessation of contacts with the Provisional Institutions of Self-Government, and possibly the deployment and investigative involvement of Serbian police. On 12 June, Assembly members of Zubin Potok municipality confirmed they would also cease relations with the Provisional Institutions; undertake preparations for “self-protection”; and suspend cooperation with the Kosovo Police Service (KPS) in the area. On 13 June, the Leposavic Municipal Assembly followed suit. On 17 July, the Municipal Assembly Presidents of the three northern municipalities and the Regional Coordinator of the Coordination Centre for Kosovo and Metohija for northern Kosovo requested the withdrawal of Kosovo Albanian members of the KPS border police in northern Kosovo. While rejecting contacts with the Provisional Institutions, those municipalities maintained cooperation with UNMIK.

 

6. The Mission and the Kosovo Force (KFOR) responded by increasing the security presence through the deployment of additional international and Kosovo police officers. My Special Representative and Special Envoy engaged in contacts with authorities in Belgrade, Pristina and northern Kosovo to address the situation, and UNMIK sought to improve the flow of information to local residents. On 4 August, the Contact Group reaffirmed that there will be no partition of Kosovo and called upon Belgrade, Pristina and the residents of Kosovo to take steps to ensure that northern Kosovo remains a stable region where the rights of all are respected. The Contact Group also suggested that the international community would be increasingly engaged in northern Kosovo, before and after a determination of Kosovo’s future status.

 

7. The governing coalition parties, the Democratic League of Kosovo and the Alliance for the Future of Kosovo, continued to work together, under the leadership of the Prime Minister of Kosovo, Agim Çeku. On 28 June, after his first 100 days in office, the Prime Minister confirmed that he was satisfied with the performance of his Government.

 

8. The functioning of the Kosovo Assembly continued to improve; there were more regular meetings and greater transparency, as well as increased debates before the adoption of laws. While differences remain between the governing coalition and the opposition Kosovo Albanian parties, which hampered the performance of the Assembly on occasion, they remained unanimous regarding the outcome of the ongoing political process. The Kosovo Albanian parties continued to participate in the Kosovo negotiating team. While their focus on the future status process should have led to an increase in high-level outreach by Kosovo Albanian leaders to minority communities, it decreased from the previous reporting period. Non-Serb community members have participated in the future status talks as part of the Pristina delegation.

 

9. Kosovo Serb participation in the government structures of Kosovo remains marginal, particularly at the central level, and their lack of engagement in political and institutional life remains an obstacle to the fulfilment of certain standards. Kosovo Serbs from northern Kosovo continued to participate in the future status talks as part of the Belgrade delegation. Most municipalities increased their engagement with and responsiveness to minority communities although there was little increase in Kosovo Serb participation in municipal bodies, or in those established to protect the rights and interests of communities. However, the Serbian Democratic Party of Kosovo and Metohija continued to participate in the Government, holding the Ministry of Communities and Returns. Some Kosovo Serb leaders maintained informal contacts with representatives of the Provisional

 

Institutions.

 

10. Unfortunately, there has been no change in Belgrade’s position, which continues to discourage Kosovo Serb participation in Kosovo’s governing bodies, and they have yet to heed calls to return Kosovo cadastral records. In response to the March directive from the Coordination Centre (see S/2006/361, para. 9), Kosovo Serb employees have mostly chosen to be on the payroll of the parallel structures supported by Belgrade, instead of the payroll of the Provisional Institutions. Both my Special Representative and Special Envoy have continued to seek a change in these positions.

 

11. Following consultations with all key political actors in Kosovo, on 16 June, my Special Representative decided to postpone the 2006 Kosovo municipal elections for up to 12 months to maintain focus on the future status process. The municipal elections will be held between three and six months after the date of a decision by the Security Council determining the future status of Kosovo.

 

Standards

 

12. A detailed technical assessment of standards implementation for the period from 1 May to 14 August, prepared by my Special Representative, is contained in annex I to this report. The ongoing political process has had a noteworthy effect on the commitment of the Kosovo authorities to standards implementation, and its results. The Provisional Institutions have also shown a greater willingness to take responsibility for both minority concerns and for improved governance in an effort to enhance Pristina’s credibility in the future status talks.

 

13. Standards implementation focused on the 13 priorities identified by the Contact Group in June, which primarily address community-related issues. The Prime Minister designated lead agencies responsible for each area, and announced that progress in them was the Government’s top priority. To date, 5 of the designated 13 priorities have been reported as completed. Implementation of the remaining priorities is on track for completion within the specified deadlines.

 

14. The Government of Kosovo recently adopted a European Partnership Action Plan, which embeds the values and principles of the standards in the process of the European integration work, and thus replaces the 2004 Kosovo Standards Implementation Plan (see S/2006/45, para. 9, and S/2006/361, para. 6).

 

Security situation

 

15. The security situation remained generally stable, although fragile, and has not been adversely affected by the ongoing future status process. The number of confirmed inter-ethnic incidents remained low, although their impact continued to be high. A number of serious crimes were committed during the reporting period. UNMIK considers that those incidents have not increased overall insecurity, however. The Prime Minister of Serbia, Vojislav Kostunica, visited Kosovo on 28 June; apart from two demonstrations against the visit and the arrest of more than 100 demonstrators, the visit passed without incident.

 

16. In close coordination with KFOR, UNMIK police and the Kosovo Police Service have taken measures to enhance security throughout Kosovo, with particular attention to the north as noted above, including programmes to enhance relations between the police and minority communities. Border and boundary controls, including customs, were strengthened through the deployment of international officers. UNMIK police strength will remain at about 2,060 officers although their role, while retaining overall authority in this area and without prejudice to resolution 1244 (1999), has shifted increasingly to mentoring and monitoring the Kosovo Police Service as it assumes additional operational functions.

 

17. Following the successful conclusion of the interim review of the transfer of competencies and the subsequent promulgation of an UNMIK regulation transferring further competencies to the Kosovo Ministry of Internal Affairs, the Ministry has continued to make generally satisfactory progress towards full establishment. Most directors and section chiefs, as well as the Permanent Secretary have been appointed, albeit after considerable delay, following transparent and merit-based selection procedures in accordance with the applicable law. Donors have also launched technical assistance programmes in support of the new Ministry targeting the development of legislative, strategic and policymaking capacities. The Ministry took an active and positive role in the finalization of terms of reference for the Municipal Community Safety Councils and Local Public Safety Committees, which will play a key role in ensuring that the security of local communities, in particular minority communities, is adequately and transparently addressed by police. In addition, the chief inspector and inspectors for the Police Inspectorate of Kosovo were recruited, again following a transparent merit-based process and began training.

 

18. Additional competencies in the justice sector were transferred to the Kosovo Ministry of Justice, while UNMIK retained overall authority in this area. The Ministry extended its responsibilities to executive oversight of the correctional service, with the exception of Dubrava prison in emergency situations, which remains under UNMIK. It also supported the KPS forensics laboratory and a capacity-building project for local prosecutors working with international counterparts on serious and sensitive criminal cases. No significant progress has been made in investigating and prosecuting cases related to the violence of March 2004. The Kosovo Judicial Council nominated 12 minority candidates for positions, which have been forwarded to my Special Representative and the Kosovo Assembly for approval.

 

Decentralization

 

19. While the decentralization process was previously based in Pristina, those discussions have now shifted to the future status process. UNMIK however continues to provide expert advice and support to the Office of the Special Envoy for the future status process for Kosovo on the reform of local self-government. UNMIK liaised with local stakeholders and evaluated proposals on the delineation of new municipal boundaries and the transfer of competencies from central institutions to the proposed new municipal units prepared by the Provisional Institutions, the Government of Serbia, the Serbian List for Kosovo and Metohija and the Office of the Special Envoy.

 

20. Despite earlier progress, the implementation of three pilot municipal units — two in Kosovo Albanian areas and one in a Kosovo Turkish-majority area — has faced challenges, owing to a lack of capacity in the pilot municipal units and the municipalities from which they are derived. Nonetheless, work continued to develop agreements on competencies in key areas such as taxes, civil status documents, education and health. The two foreseen Kosovo Serb-majority pilot municipal units have not been established as planned (see S/2006/45, para. 10).

 

Cultural and religious heritage

 

21. During the reporting period, there was a notable increase in reports of vandalism against Serbian Orthodox Church sites. In response, the Kosovo Ministry of Culture, Youth and Sports appointed a focal point to liaise with the Kosovo Police Service to facilitate the reporting of any criminal acts against significant objects of cultural or religious heritage. In mid-July, the Kosovo Police developed operational plans to increase security at such sites, especially at Serbian Orthodox churches undergoing restoration. Despite earlier positive developments, in the end the Kosovo Assembly included two key passages in the Law on Cultural Heritage, one calling for additional legislation to define the status of religious communities and another to ensure that the content of the law would be subsequently harmonized with the outcome of the future status talks, only after my Special Envoy intervened.

 

22. The reconstruction of Serbian Orthodox Churches damaged or destroyed during the violence of March 2004 has moved forward. The Reconstruction Implementation Commission, chaired by the Council of Europe, held its first official meeting this year on 17 and 18 May and agreed on its project programme for 2006. In June tenders were launched for the first extensive interventions on three sites, for which work began in August. Four more reconstruction projects are also to be taken up in August. The support of the international donor community remains vital for the reconstruction. An umbrella memorandum of understanding with UNESCO that will facilitate the implementation of projects financed by $10 million of pledged funds is being finalized.

 

Returns

 

23. A welcome development was the signing of the Protocol on Voluntary and Sustainable Returns in Pristina on 6 June by my Special Representative and the Belgrade and Pristina representatives on the Working Group on Returns. The Protocol signals the operational and technical cooperation of Belgrade and Pristina to improve the conditions for, and facilitate the returns of, internally displaced persons to Kosovo. It had an immediate impact: more than 70 families agreed to return to one Serb-majority village. While remaining steady, the number of minority returns to Kosovo is not satisfactory; the Office of the United Nations High Commissioner for Refugees estimates that only 770 minority community members returned from January to June 2006. Internally displaced persons continue to cite economic and security factors as the primary reasons for their reluctance to return, as well as uncertainty regarding the future status outcome.

 

24. At the end of June, UNMIK and the Provisional Institutions agreed on the allocation of remaining funds to support returns of Roma and Kosovo Serbs. The funding shortfall of €20 million affects 14 approved return projects, however. The recently established Kosovo Property Agency, which has a mandate to resolve claims relating to private property including agricultural land and commercial property, will, it is hoped, contribute to overcoming a major obstacle to returns.

 

25. Cooperation on returns between the Provisional Institutions and the Coordination Centre for Kosovo and Metohija continued at the local level, particularly on matters of humanitarian concern. For example, the Provisional Institutions provided an additional amount of €500,000 to complete a return to Istok funded by the Centre.

 

Dialogue

 

26. The working groups established for the direct dialogue on technical matters between Pristina and Belgrade proceeded slowly during the reporting period. Overall, no significant progress was achieved, and only limited progress is expected given that attention is on the future status process. Nonetheless, UNMIK continues to pursue dialogue in those forums. Some progress was made on returns and missing persons and, on 1 August, the Belgrade and Pristina cultural coordinators signed draft terms of reference for working groups on, inter alia, the return of documentation and artefacts and archaeological issues. At the June conference of the Council of South-Eastern European Ministers of Culture, the Serbian and Kosovo Ministers of Culture held further bilateral meetings on cooperation.

 

Regional cooperation

 

27. Regional cooperation continued to improve during the reporting period. UNMIK, having leaders of the Provisional Institutions in most of its delegations, participated in regional initiatives, including those under the auspices of the Stability Pact and the South-Eastern Europe Cooperation Process. On 30 May, UNMIK led a delegation to the Stability Pact Regional Table meeting in Belgrade, where the countries of South-Eastern Europe agreed to a regionally owned cooperation framework that will gradually assume the responsibilities of the Stability Pact. Negotiations continued with regional neighbours in economic sectors, including on the Athens Agreement on Energy and the Central European Free Trade Agreement. On 9 June, UNMIK signed on behalf of Kosovo the Multilateral Agreement on the Establishment of the European Common Aviation Area.

 

Future international arrangements and transition

 

28. Under the leadership of my Special Representative, preparations continued for the implementation of an eventual political settlement, including planning for an eventual transition and a possible future international civilian presence in Kosovo (see S/2006/361, para. 21). The Steering Group continued to meet in Vienna under the chairmanship of my Special Representative, as did the local Steering Group in Pristina. On 6 June, the European Union deployed a planning team to Pristina to plan for a possible operation in the areas of police and justice. The nucleus of a future international political civilian office has also been established to begin operational planning for an eventual presence.

 

III. Observations

 

29. I am pleased that the political process to determine the future status of Kosovo is proceeding with the active and high-level participation of both sides. I am disappointed, however, that little common ground has been identified between the positions of the Serbian and Kosovo delegations, which remain committed to “substantial autonomy” and “full independence” respectively, with minimal space for negotiation. Both sides would be better served by more flexibility in their positions. I again call on both sides to engage in these talks in a spirit of compromise. It is the responsibility of the parties to find common ground and a sustainable solution, acceptable to both sides, although the support of the international community remains essential to ensure progress.

 

30. Regardless of the outcome, a political settlement will not eliminate the many difficulties Kosovo will face for some time to come. I appreciate the commitment with which the Prime Minister and his Government have addressed standards implementation, and call upon them to ensure that their efforts are maintained and sustainable. The implementation of the priority requirements is crucial to ensuring a multi-ethnic Kosovo, but it is important not to lose sight of the fact that all of the standards are important for the future of Kosovo. I call upon Kosovo’s leaders to make further progress also in other standards.

 

31. It remains equally important that Kosovo Serbs participate in the institutions of Kosovo. Lack of participation is a disservice to the Kosovo Serb population, precluding an opportunity to construct optimal conditions for the future of their community. As in my last report, I call on the Belgrade authorities to remove all impediments to Kosovo Serb participation in Kosovo institutions. I would also note that, at this sensitive time, Kosovo’s leaders must redouble their outreach to all communities, and not step back from doing so in order to focus on their ultimate political objectives. Now is the time to reassure all communities that they have a place in Kosovo in the future regardless of its status.

 

32. Despite the generally stable security situation, I remain concerned with incidents of violence targeting people or religious sites, and I strongly condemn them, particularly those that are inter-ethnic. Those responsible must be brought swiftly to justice.

 

33. I am also concerned by the cessation of relations by the northern municipalities with the Provisional Institutions, and their calls for independent security mechanisms. I urge all concerned to cease inflammatory accusations and to pursue a constructive resolution of these matters.

 

34. I welcome the recent activities of the European Union on the ground, which, together with the equally invaluable efforts of our other partner organizations, will assist in a coherent transition following an eventual determination of the future status of Kosovo.

 

35. I would like to extend my appreciation to my former Special Representative, Søren Jessen-Petersen, and to welcome my new Special Representative, Joachim Rűcker, whose proven commitment and capability will be an asset to the Mission in the next critical phase. I also express my gratitude to the staff of UNMIK for their continued dedication and their steadfastness in carrying out their challenging tasks, often in difficult circumstances. I would like to extend my appreciation to KFOR, our partners within UNMIK — the European Union and the Organization for Security and Cooperation in Europe — and the United Nations agencies, funds and programmes as well as other organizations, contributors and donors for their commitment and valuable support.

 

Annex I

 

Technical assessment of progress in implementation of the standards for Kosovo

 

Prepared by the Special Representative of the Secretary-General for Kosovo, 14 August 2006

 

Introduction

 

1. The increased momentum in standards implementation continued, with a clear emphasis on 13 specific priorities identified by the Contact Group, most of which are focused on minorities. Five of these 13 points have already been implemented. The Government has announced that four more action points will be fulfilled by 31 August.

 

Functioning democratic institutions

 

2. The Assembly adopted a comprehensive reform plan in June, resulting in more regular and frequent plenary sessions, improved forward planning and greater transparency and coordination between the Presidency, committee chairpersons and the leaders of parliamentary groups.

 

3. Revision to the rules of procedure has significantly improved interaction between the Assembly and the Government. Each plenary session now has time reserved for members’ questions to the Government. At a three-day plenary session in July, the Assembly held extensive debates on the first 100 days of the Government’s work.

 

4. During the reporting period the Assembly adopted 10 laws and approved 7 others at the first reading.

 

5. On 27 July, the Assembly adopted the Law on Languages (a Contact Group priority) which provides for full equality of Albanian and Serbian as official languages of Kosovo. However, an amendment proposed by the Government to make Turkish an official language in the municipality of Prizren was not approved by the Assembly, prompting a challenge to the law led by the head of the Turkish Democratic Party of Kosovo (KDTP). On 3 August, the Prime Minister, the President of the Assembly and the head of KDTP agreed to resubmit the amendment to the Assembly.

 

6. The Government has added 15 new translators to improve staffing of central-level language units (a Contact Group priority). Efforts to recruit additional translators needed in municipalities are limited by budgetary constraints. Twenty-two of 30 municipalities now have simultaneous translation equipment installed. Twenty-five are fully or partially language compliant in respect of road signs. Twenty-four are fully or partially compliant in respect of signs on municipal buildings. The Kosovo Institute for Public Administration began a programme of professional training for translators, providing instruction to 60 municipal staff in June.

 

7. Language compliance monitoring mechanisms (a Contact Group priority) did not strengthen during the reporting period. The last report of the Provisional Institutions of Self-Government on translation statistics was presented in February 2006.

 

8. An initial effort has been undertaken by the Ministry of Local Government Administration and the Ministry of Public Services to collect administrative instructions and where necessary translate them into Serbian and distribute them to municipalities (a Contact Group priority). However, the files collected do not include all administrative instructions, and a significant number of those collected in Albanian are still missing in Serbian. No documents have been collected yet from the Ministry of Culture, Youth and Sports, the Ministry of Communities and Returns and the Ministry of Justice.

 

9. A code of conduct for civil servants was approved by the Government on 17 May.

 

10. The Senior Public Appointments Committee has made decisions on the appointment of four Permanent Secretaries and on the recruitment of an agency chief executive officer. Recently drafted rules of procedure for the Advisory Committee have improved its functioning.

 

11. More than 3,250 Kosovo Serb teachers, health-care workers and administrative staff have withdrawn from the payroll of the Provisional Institution to date, following an ultimatum given to them by Belgrade to do so or forfeit their salaries and pensions paid by Belgrade. Those moves have weakened the link between Kosovo Serbs and local institutions and at the same time have strengthened parallel structures.

 

12. The Government is holding in trust the salaries of the Kosovo Serbs who have left the payroll of the Provisional Institutions, in recognition of the fact that they continue to perform their jobs and as such continue to provide services for their communities. In addition, the Minister of Public Services has undertaken a series of direct outreach meetings in five municipalities to encourage minority communities to work in the Provisional Institutions and to invite employees who have withdrawn from the payroll of the Provisional Institutions to receive their salaries.

 

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