The BanKiMoon plan to reorganize Unmik
(B2) BanKiMoon, the Secretary General of the UN has submitted a comprehensive report to the Security Council specifying both the terms of the reorganization of Unmik and the conditions for the transfer of certain activities to Eulex (the European "Rule of Law" mission ") as the state of Kosovo's political, economic and legal progress. The report recalls “the neutrality of the United Nations with regard to the status of Kosovo”. A sentence that satisfies the Serbs, especially from within who oppose the new state and for whom "Unmik is the only legitimate civilian interlocutor at the international level", but irritates the Kosovars who oppose the plan to reorganize the Minuk and want his complete departure. Without mentioning it, the Security Council gave, on November 26, what looks like a "green light" to the Eulex mission, welcoming "the intention to cooperate (of Belgrade and Pristina) with the international community".
The principle is as follows: "EULEX will carry out its functions in the field of the rule of law according to certain principles: 1) it will strictly respect the provisions of resolution 1244 (1999) of the Security Council, and will operate under the general authority of the United Nations and in the context of the Organization's neutrality with regard to the status of Kosovo. 2) It will report regularly to the UN. 3) Its deployment throughout Kosovo, which will be coordinated with UNMIK, will be carried out in close consultation with relevant stakeholders, taking into account the situation and concerns. (Nb: the figures have been added to facilitate reading).
(NGV)
Nb: as of October 31, 52 countries had recognized Kosovo as an independent state, and Kosovo had opened representations in 10 countries, the Serbs.
Six-point plan for the reorganization of Unmik
"Because of the radically different orientations adopted by Belgrade and by the political leaders from the Kosovo Albanian community after the declaration of independence,
the conditions under which UNMIK can carry out its mandate have changed. » From this observation, Ban Ki Moon draws a series of consequences.
In June, he had presented a report presenting in six points, the reorganization of UNMIK. It now details the terms and conditions in the six sectors concerned - especially allowing the north
of Kosovo to operate somewhat independently of Pristina, while remaining under the authority of Unmik.
I. Policy. An autonomous chain of command is established for the Kosovo Serb police and control of the whole country remains effective. 1° A “gifted” Kosovo Serb policeman
of the required experience" will be appointed as head by the UN Special Representative. And he will report to the head of the international police in Kosovo. 2° Police controllers
will be deployed in all posts and sub-posts, in all regions and departments. These controllers will report to an independent chain of command. They
will be tasked with upholding the rule of law and ensuring that minority police officers receive fair treatment and that their working conditions are protected
in accordance with applicable regulations.
II. Customs. While Kosovo will operate as a "single customs territory", international customs officers, designated in accordance with Security Council resolution 1244 (1999)
security, will be reassigned to Gates 1 and 31 (edge of the border with Serbia). “As far as possible, they will be deployed according to the European concept of integrated management
borders, which could imply the juxtaposition of border posts". "They will apply the Kosovo customs code." The question of "the distribution of revenue from
customs duties levied at entry points 1 and 31” must still be discussed but they “should also be used for the development of local populations”.
III. Justice. “The functioning of the court in North Mitrovicë (Mitrovica) has been partially restored, under UNMIK control,” the report notes. "For a period of 60 days
to the max”. “Later on, local judges and prosecutors will be appointed in accordance with resolution 1244. “In the composition of the court, account will be taken of ethnic diversity
Kosovo and territorial competences. (implied Serbian area = Kosovo Serb judges)
IV. Transport and infrastructure. A technical coordination committee will be established by the UN Special Representative to address major infrastructure issues
(road and rail, and water and electricity supply), traffic flows and trade, as well as practical issues such as certification of
qualifications.
V. Borders. KFOR, as an international military force, continues, within its mandate, to provide security throughout Kosovo, including
borders, with the help of other international organizations.
VI. Serbian heritage. The international protection of the Serbian Orthodox Church must and will be maintained. And the report to draw a roadmap: to ensure the application of
provisions for the protection of the main sites of the Serbian Orthodox Church, carrying out activities aimed at ensuring the well-being of monks and nuns, such as the exemption
of value added tax, excise duties and customs duties for the Serbian Orthodox Church, define the modalities for the reconstruction of Church sites and settle the matter
the repatriation of archaeological objects.
Transfer to Eulex in practice
The transfer from Unmik to Eulex has already started in a very concrete way. Three examples.
vehicles. on 18 August, the two missions signed an agreement for the sale of surplus UNMIK equipment and vehicles. The “implementation of this agreement continues”.
Premises. Offices no longer used by UNMIK are currently being made available to EULEX. UNMIK has relocated its staff to more suitable premises at its administrative headquarters
to the current size and needs of the Mission and liberated the center complex of Prishtinë (Pri_tina). It has also left the premises of the regional logistics bases, of which it no longer has
need. It was therefore able to provide office space to EULEX without compromising its operations.
Judicial investigations. According to an "Operational Agreement on the Accessibility and Disclosure of Legal Investigations and Related Legal Actions", the Department of Justice of the
UNMIK should facilitate EULEX prosecutors' access to cases handled by their counterparts in international and ad hoc tribunals. Access to certain court documents concerning
criminal investigations is provided to the police component of EULEX under a similar agreement, concluded in September. Another operational agreement is about to be concluded in order to
allow EULEX to consult the files of the International Legal Support Division.
Reactions from Kosovars and Serbs
Position of the Kosovars: rejection of the reorganization plan but cooperation with Eulex
Pristina has, in fact, in a short statement indicating that it “rejects the six-point document in its entirety. The Kosovars, however, specify that they are "in favor of a deployment
EULEX in Kosovo (but) in accordance with the mandate provided for in the Declaration of Independence, the detailed proposal on the settlement of the status of Kosovo, the Constitution
of the Republic of Kosovo, to the legislation of Kosovo, to the Joint Action of the European Union of 4 February 2008 and to the invitation that the institutions of Kosovo have addressed to EULEX". And they
will cooperate with the European mission "with a view to its deployment throughout the territory of Kosovo, on the basis of the mandate set out in (these) documents"
Position of the Serbs: acceptance of the plan but opposition to the new state (especially for Serbs in northern Kosovo).
Serbs - especially those in northern Kosovo - "firmly reject any authority or symbol of Kosovo institutions", notes the report. In northern Kosovo, the opposition is even more
radical. “Four Serbian parallel municipal structures operate according to the legislative provisions governing local self-government in Serbia”. And the "responsible
Kosovo Serb politicians in the north continue to oppose the establishment of the International Civilian Office, provided for in the Ahtisaari proposal (not approved by the Security Council). "
They also continue to oppose the deployment of the European Union Rule of Law Mission in Kosovo (EULEX). They claim that their position will not vary, regardless of the
path chosen by Belgrade. 308 Serbian policemen still refuse to work. The court in Mitrovice/Mitrovica reopened on 3 October. Despite everything, since independence, "there has been
several minor inter-ethnic incidents”.
Review of the country's progress on the democratic path and the protection of minorities
Ban Ki Moon's report then proceeds to examine, subject by subject, progress: democratic life in Kosovo (still too little open to Serbs), protection of minorities, composition of
the police (10% Kosovo Serbs), prison staff (with obligation to recruit to compensate for the departure of Serbs), freedom of movement (fairly respected), return of minorities
(too limited), property rights (nearly 4300 abandoned properties remain), protection of the Orthodox Church (increasing incidents)…
The report also indicates some anachronistic problems, such as that of customs in northern Kosovo. Thus, since the end of February, the UNMIK customs service has remained absent at gate 1
and 31 (Serbia), “resulting in a loss of revenue for the Serbian and Kosovar States estimated at 2 million euros in customs duties and value added taxes per week. The
smuggling is rampant, particularly in fuel, resulting in large illicit profits for organized crime”.
