UN redefines UNMIK tasks in Kosovo

(BRUSSELS2) The notes that UN Secretary General Ban Ki Moon published in June and July deserve close attention because they set a new framework for the United Nations Mission in Kosovo (Unmik) and, failing that, gives the Europeans an indirect mandate to act. The whole is quite contradictory. The UN secretary looks more like a tightrope walker who has to spare those who want an independent state in Kosovo (the United States and most of the countries of the European Union) and those who believe that nothing has happened. February 17 (day of the proclamation of independence) and refuse any secession of the former autonomous republic of Yugoslavia (Serbia, Russia...) or to ratify the fait accompli (Spain,...), between one state or two states.

Five points can be made:

1° "Until the Security Council decides otherwise, resolution 1244 (1999) continues to be the legal framework of the UN mandate".

2° The Pillar IV of Unmik (dedicated to economic reconstruction) is dead. "The European Commission has informed my Special Representative that it will end, as of 30 June 2008, funding for UNMIK's Pillar IV operations". Decision taken - according to the Secretary General - " without consulting United Nations Headquarters and which de facto deprives UNMIK of the technical or budgetary possibility of replacing the experts financed by the Commission ».

3° The European Union will play an enhanced operational role in the field of the rule of law under resolution 1244 (1999), under the general authority of the United Nations. Over time, she will take on increasing operational responsibilities in the areas of international police, justice and customs throughout Kosovo. Its ability to deploy a mission on the rule of law could, as envisaged in Security Council resolution 1631 (2005), "usefully complement the work of the United Nations and have a positive effect on the optimal use of limited resources".

4° It is understood that the international liability of the UN will be limited commensurate with its effective operational control. She will be charged among other functions that remain to be defined “: (a) to monitor and submit reports; (b) to facilitate, where necessary and possible, arrangements for the participation of Kosovo in international agreements; (c) facilitate dialogue between Pristina and Belgrade on matters of practical interest; and (d) to perform functions with respect to dialogue.

5 ° " Pending directives from the Security Council, it is necessary to reconfigure the international civil presence in Kosovo (..), it is concretely necessary to recalibrate the international presence in a way that meets current and emerging operational needs. »

Pragmatically, the UN Secretary General proposes to redefine certain sensitive services.

• the Police: the Kosovo Police Service which operates in areas with a Serb majority must place itself under the authority of the international police and the UN special representative.
(i.e. the Kosovo Serb policemen will not depend on Pristina).

• the Courts : new local courts and district courts should be created in areas with a Serb majority. They will operate within the Kosovo judiciary according to the law applicable under resolution 1244 (ie international law and not Kosovo law).

• the customs. It is up to the UN Special Representative to "determine, in consultation with the parties concerned, the administrative structure that will allow Kosovo to continue to function" as a single customs territory, with the guarantee of the continued presence of the international officers of the customs at border posts. A technical coordination committee, "where the Republic of Serbia and other stakeholders will be represented", will be set up to settle all technical issues of border crossings.

• security forces. NATO's presence, an international military presence, will continue to carry out its security mission throughout Kosovo, including on the borders, in coordination with other international organisations. (in other words Eulex Customs).

â € ¢ the Serbian heritage. The Serbian Orthodox Church in Kosovo will enjoy international protection. It will remain under the direct authority of its religious headquarters in Belgrade. It will retain the exclusive right to preserve and restore its religious, historical and cultural sites in Kosovo.