United Nations S/PV.5188

Security CouncilSixtieth year

5188th meetingFriday, 27 May 2005, 10 a.m.New York

Provisional

This record contains the text of speeches delivered in English and of the interpretation ofspeeches delivered in the other languages. The final text will be printed in the Official Recordsof the Security Council. Corrections should be submitted to the original languages only. Theyshould be incorporated in a copy of the record and sent under the signature of a member of thedelegation concerned to the Chief of the Verbatim Reporting Service, room C-154A.

05-36219 (E)

*0536219*

President: Mr. Møller/Ms. Løj . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Denmark)

Members: Algeria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. El Hadj AliArgentina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. García MoritánBenin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. BabadoudouBrazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. SardenbergChina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Zhang YishanFrance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. De La SablièreGreece . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. VassilakisJapan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. KitaokaPhilippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. MercadoRomania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. MotocRussian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. DenisovUnited Kingdom of Great Britain and Northern Ireland . . . . . Sir Emyr Jones ParryUnited Republic of Tanzania . . . . . . . . . . . . . . . . . . . . . . . . . Mr. ManongiUnited States of America . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Holliday

Agenda

Security Council resolutions 1160 (1998), 1199 (1998), 1203 (1998), 1239 (1999)and 1244 (1999)

Report of the Secretary-General on the United Nations Interim AdministrationMission in Kosovo (S/2005/335)

2

S/PV.5188

The meeting was called to order at 10.20 a.m.

Adoption of the agenda

The agenda was adopted.

Security Council resolutions 1160 (1998), 1199 (1998),1203 (1998), 1239 (1999) and 1244 (1999)

Report of the Secretary-General on the UnitedNations Interim Administration Mission inKosovo (S/2005/335)

The President: I should like to inform theCouncil that I have received letters from therepresentatives of Albania, Luxembourg, Serbia andMontenegro, Switzerland and Ukraine, in which theyrequest to be invited to participate in the discussion ofthe item on the Council’s agenda. In conformity withthe usual practice, I propose, with the consent of theCouncil, to invite those representatives to participate inthe discussion, without the right to vote, in accordancewith the relevant provisions of the Charter and rule 37of the Council’s provisional rules of procedure.

There being no objection, it is so decided.

On behalf of the Council, I extend a warmwelcome to His Excellency Mr. Nebojsa Covic,President of the Coordination Centre of Serbia andMontenegro and of the Republic of Serbia for Kosovoand Metohija, and invite him to take a seat at theCouncil table.

At the invitation of the President, Mr. Covic(President of the Coordination Centre of Serbiaand Montenegro and of the Republic of Serbia forKosovo and Metohija) took a seat at the Counciltable; the representatives of the otheraforementioned countries took the seats reservedfor them at the side of the Council Chamber.

The President: In accordance with theunderstanding reached in the Council’s priorconsultations, I shall take it that the Security Councilagrees to extend an invitation under rule 39 of itsprovisional rules of procedure to Mr. Søren Jessen-Petersen, Special Representative of the Secretary-General and Head of the United Nations InterimAdministration Mission in Kosovo.

It is so decided.

I invite Mr. Jessen-Petersen to take a seat at theCouncil table.

The Security Council will now begin itsconsideration of the item on its agenda. The Council ismeeting in accordance with the understanding reachedin its prior consultations.

Members of the Council have before themdocuments S/2005/335 and Corrigendum 1, whichcontain the report of the Secretary-General on theUnited Nations Interim Administration Mission inKosovo. I should also like to call the attention of themembers of the Council to document S/2005/329,which contains a letter dated 18 May 2005 from therepresentative of Serbia and Montenegro addressed tothe President of the Security Council.

At this meeting, the Security Council will hear abriefing by Mr. Søren Jessen-Petersen, SpecialRepresentative of the Secretary-General and Head ofthe United Nations Interim Administration Mission inKosovo.

I now give him the floor.

Mr. Jessen-Petersen: Let me begin, Sir, bycongratulating you as the President of the Council. Youwill appreciate my particular pleasure in seeingDenmark in the chair today. I also want to thank youpersonally for honouring us with your presence in theChamber today.

The three-month period since my last appearancebefore the Security Council has been a challengingone. The progress made — and let there be no doubtthat there has been progress — must be seen in thecontext of the challenges that Kosovo has faced.

In particular, March 2005 saw some very difficultmoments. The Government that was formed inDecember 2004 made good progress through its first100 days, and the momentum was considerable.However, in early March, a few days after my lastreport to this Council, that Government came to an endwhen Prime Minister Haradinaj resigned followingnotification of an imminent indictment from theInternational Criminal Tribunal for the formerYugoslavia (ICTY). Within 24 hours following hisindictment, and after appealing for calm and for acontinuation of progress in building a democraticsociety in Kosovo, Mr. Haradinaj proceededvoluntarily to The Hague.

3

S/PV.5188

During those days, Kosovo showed the regionand the world commendable respect for the judicialprocess. Democracy was respected, and a newGovernment, continuing the coalition of the twoparties — the Democratic League of Kosovo (LDK)and the Alliance for the Future of Kosovo (AAK) —and under the leadership of Bajram Kosumi as PrimeMinister, was formed within three weeks. Throughoutthose difficult days and weeks, the political leaders andcitizens of Kosovo managed a highly unusual situationwith maturity and without any disorder or instability.

In particular, standards implementation stayed ontrack. The brief delay around the time of the formationof the Government was quickly overcome. The newGovernment showed the same commitment to movingforward on standards and made continued progress onits programme during the months of April and May.

As in most new democracies — and let usremember that democracy in Kosovo is only a fewyears old — there is political tension. For the first timein its recent history, Kosovo has a strong opposition,under the leadership of Hashim Thaci and VetonSurroi, which, as everywhere, is critical of the work ofthe Government, while in agreement on the overallgoals for Kosovo.

In order to manage any tensions moreconstructively, and in view of the critical period aheadfor Kosovo and the significant political issues comingup, I decided to propose bringing political party leadersand the President of Kosovo together in a forum. Thepurpose of this forum is to enhance constructivedialogue and ensure maximum possible consensus oncritical and crucial issues, without substituting forconstitutional forums. My proposal was met withagreement, and I will convene the first meeting of theKosovo Forum next week.

I am glad to report some positive developmentson dialogue between Pristina and Belgrade. The firstdirect dialogue meetings since March 2004 resumedone year later, beginning with the Working Group onMissing Persons on 16 March.

That was followed by meetings in April and Mayon the key issues of energy and returns of displacedpersons. These Working Group meetings will takeplace on a regular basis in Belgrade and Pristina, andthey are supported by intermediate technical meetingsto work on substantive issues. This dialogue not onlyserves to make progress on the specific issues, which

range from humanitarian to economic, but it is also animportant sign of building confidence, which is crucialas we move closer towards status discussions.

We need to continue encouraging politicaldialogue. I welcome the fact that Pristina and Belgradehave now expressed their readiness to engage in high-level political dialogue. It is vital that political leadersbegin to talk with each other sooner rather than later.Pristina and Belgrade have every mutual interest incoexisting and interacting peacefully andconstructively.

Over the past months we have witnessed greaterengagement and dialogue with the Serbian OrthodoxChurch. The Church and the Provisional Institutions ofSelf-Government in Kosovo signed a memorandum ofunderstanding on 25 March to allow for thereconstruction of Serbian Orthodox religious sites.That followed a lengthy delay due to talks within theChurch on how to proceed. The Provisional Institutionshad already allocated €4.2 million last year and arenow actively considering earmarking an additional€1.5 million for reconstruction of Serbian Orthodoxreligious sites that were damaged during the March2004 violence.

It is obvious that long-term preservation ofcultural heritage in Kosovo, which includes SerbianOrthodox, Ottoman/Islamic, Catholic and vernacularsites, must become an increasing priority in the comingmonths. In this context, I would like to mention thesuccessful international donors conference for theprotection and preservation of cultural heritage of allcommunities in Kosovo, held two weeks ago in theUNESCO headquarters in Paris with the support of thatorganization, the European Union, the Council ofEurope and others. Participants pledged some €10million and technical assistance in a clear expression ofsupport for the cultural heritage in Kosovo. A technicalmission to restore a church in Prizren, supported byUNESCO, took place just a few weeks ago, and morewill now follow.

However, the news is not all good. Despite recentencouraging developments on dialogue betweenPristina and Belgrade, I am concerned that, after morethan 15 months, there is still no clear signal fromBelgrade to the Kosovo Serbs to participate in theinstitutions. Dialogue between Pristina and Belgrade,although welcome and important, cannot substitute for

4

S/PV.5188

the direct involvement of the Kosovo Serbs in shapingtheir own future in an internal dialogue in Kosovo.

Progress in Kosovo will continue even withoutthe meaningful participation of the Kosovo Serbs, butprogress in establishing a fully multi-ethnic Kosovoand integrating all communities will remain limited aslong as one ethnic group is pressured to stay outsidethe political, economic and social processes. The faultfor this obstacle to progress does not lie with Pristina.The victims, however, are the Kosovo Serbs who areeager to participate at this crucial moment. Those whooppose progress can always find some reason to deferallowing participation, but recent trends have proventhat bolder engagement can actually foster realprogress for the benefit of all. In my view, Belgradewould help the Kosovo Serb community and itself bymoving from reticence and delay to commitment andengagement in that area.

Standards implementation remains the road mapfor the short term but also for the long term. It is a wayof building and strengthening democracy and a multi-ethnic society, and it is also a way for Kosovo to moveprogressively towards European integration.

We have seen a continued strong commitment bythe Provisional Institutions of Self-Government duringthe reporting period. The structures working onstandards implementation have shown themselves to besolid and durable. While we recognize that there is stillmuch to do, the trends in a number of areas have beenpositive, and that is reflected in my technicalassessment (S/2005/335, annex I). We feel that theauthorities, and increasingly the citizens, haveunderstood the need to implement standards and havemade efforts to reach out to the minorities.

Let me say a few words on some specific issues.

Decentralization, or local government reform, isnot a standard as such, but it is an important process.Decentralization will benefit the population as a whole.It will bring services closer to the citizens, and it willalso help meet minority concerns.

After some hesitation following its formation, theGovernment has acted. A steering board and fiveworking groups have been established and areconvening, including two meetings held this week, onlegislation and on pilot projects which are to beestablished shortly. The Kosovo Serbs were invited to,and participated in, those meetings, and thus had the

opportunity to shape the process. I would also add thatBelgrade was invited to join the Kosovo Serbdelegation and that we were, of course, flexible on themodalities. But Belgrade again failed to respond.Regrettably, the post of Deputy Minister for LocalGovernment Administration, reserved for a KosovoSerb, still remains vacant.

As we push for further progress ondecentralization, I believe that the recent ContactGroup agreement on the principle of “no partition ofKosovo” sends a clear signal that the majoritycommunity has no reason to fear that meaningfuldecentralization would be a cover for the division ofKosovo. On the contrary, if well conceived andimplemented, it should eventually promote coexistencearound the efficient sharing of local capacities andresources.

I would add that we are currently looking at anumber of initiatives that could be carried out prior tofull-scale decentralization and that could empowermunicipalities, for example, in the field of policing andthe administration of justice.

Security has further improved, and this is key asit is a basis for progress in all areas. I want to paytribute again to the Commander of the Kosovo Force(KFOR) and his forces, whose excellent work andclose coordination with the United Nations InterimAdministration Mission in Kosovo (UNMIK) and theKosovo Police Service (KPS) is playing a key role inmaintaining a safe and secure environment in Kosovo.

The environment has indeed been generally calmduring the reporting period, with only a few incidentsof note. In particular, very little occurred in the way ofinter-ethnic incidents. Unfortunately, the Commanderof KFOR and I are concerned — and we haverepeatedly said so — that, partly due to deliberatemisinformation, the perception of security remains aproblem and leads to mainly self-imposed limits onfreedom of movement. There is a tendency in somemedia to generalize and misrepresent every incidentinvolving Kosovo Serbs. Before a police investigationhas even begun, some journalists, and some politicians,pronounce an event to be ethnically motivated, thusfeeding the fears of the Kosovo Serb community,including internally displaced persons. In most caseswe find after thorough professional investigations thatsuch assertions have no foundation.

5

S/PV.5188

There are also assertions that perpetrators are notsentenced. That, too, is simply misinformation. As arecent example, six Kosovo Albanians were foundguilty of the murder of two Kosovo Serbs in March2004 and were sentenced to a total of 38 years by theGnjilane District Court just last week. It is also worthnoting that in recent meetings with senior UNMIKofficials, Serbian cabinet ministers have indicated thatthe Kosovo Serb population’s trust in the KosovoPolice Service has indeed increased. As the Councilmay be aware, the KPS has a minority component ofapproximately 16 per cent, and Kosovo Serbs make upapproximately 10 per cent of the KPS. I might addanother example of progress: of 29 lay judges sworn inat the end of April, 16 were minority communitymembers, of which 13 were Kosovo Serbs.

There are signs, and evidence, of increasedfreedom of movement by Kosovo Serbs, although thereare still too many who do not feel free to move. A signof the improving environment is the reduction ofescorts and of the military and police presence atspecific sites and locations. To give a recent example,at the beginning of this month, the first Serbian play tobe performed since the end of the conflict waspresented at Kosovo’s main theatre in Pristina; it wasprepared and performed by Serbs, with a large Serbattendance.

The number of returns of displaced persons isstill disappointingly low. The Provisional Institutionsof Self-Government, UNMIK and the Office of theUnited Nations High Commissioner for Refugees(UNHCR) continue to work hard on improvingconditions for returns so that displaced persons canreturn to Kosovo if they so choose. I recently met withdisplaced persons in Serbia and with returnees inKosovo, and I can report to the Council that their mainconcern is no longer primarily security. Rather, theyare concerned about property issues and the lack ofeconomic prospects.

There has been some qualitative progress inreturns. For example, we have the first urban return tothe town of Klina. My visits to returnees in severalareas, including Bablyak and Brestovik, haveconvinced me that conditions exist to allow tomorrow’sreturns to take place and that positive encouragementby responsible politicians, in both Pristina andBelgrade, can convince more displaced persons toreturn to Kosovo.

There have been increased efforts on returns onthe part of the Kosovo Government. That includespersonal appeals by the Prime Minister to potentialreturnees and visits to Podgorica and to Skopje by theMinister of Returns — himself a Serb — and theMinister of Local Government Administration. Thosevisits have resulted in better understanding andimproved regional cooperation, as well as inagreements with regional partners, as for example arecent protocol on returns with Montenegro. TheWorking Group on Returns, held on 12 May betweenPristina and Belgrade under the chairmanship ofUNHCR, was a successful first meeting and willcontinue. In a very positive development, therespective heads of delegations from Pristina andBelgrade met in Pristina to discuss issues of substancein a productive bilateral working meeting just a coupleof days ago.

As regards functioning democratic institutions, Ican report that the rapid formation of the newGovernment in March showed continued evidence of astable political situation. The Assembly of Kosovo haslately shown itself to be a more transparent anddemocratic place for debate according to theestablished rules. The recent debate ondecentralization, held five or six days ago, was clearlya step forward. I and colleagues from the Organizationfor Security and Cooperation in Europe will continueto provide assistance and advice to the Assemblypresidency to ensure that that key institution functionsdemocratically, as I trust it will.

We are rigorously stressing the need for localownership, and the policy of transfer of competences tothe Provisional Institutions of Self-Government hascontinued. We are at this point carefully looking attransfer in police and justice areas, where we cantransfer competencies short of sovereignty in order toensure that the local authorities assume maximumresponsibility and accountability, also in the area ofsecurity.

We have continued to support the efforts of theProvisional Institutions of Self-Government tocoordinate and strengthen institutional capacity-building. The Prime Minister has given full politicalbacking to an initiative of the Provisional Institutions,supported by UNMIK and the international community,to draw up a strategic plan in order to guide assistanceand help focus on priorities. It is expected that thestrategic plan will be developed by the summer and

6

S/PV.5188

will serve as a basis for better targeting andcoordinating donor efforts, so that we can build up theinstitutions that Kosovo needs. It is clear thatconsiderable donor assistance will be necessary in anumber of sectors over the coming months and years.

On accountability, the policy we developed hasserved as an incitement to the Provisional Institutionsof Self-Government to address accountability problemsand take corrective measures where necessary. UNMIKis prepared to take action if and when appropriate, butcounts on the Provisional Institutions to assume theirresponsibilities directly.

There have been some significant developmentson economic issues that have helped, to some extent, toimprove the investment climate, including in the areasof privatization, access to loans from the EuropeanInvestment Bank, and long-term lease possibilities forinvestors. However, I must stress that the extremelyproblematic economic conditions could at any momentlead to social instability, as they would in any societywith high unemployment and continued stagnation. Inspite of our efforts to make the investment climatemore attractive and to stimulate the economy, it is clearthat there will be no real progress until the status issueis resolved.

In conclusion, let me stress again that, accordingto realistic and fact-based criteria, Kosovo has seensteady further improvement during the reportingperiod. At the same time, the Provisional Institutions ofSelf-Government know that much still needs to bedone in key standards areas, and we are pursuing theshortcomings on a daily basis.

We must, however, recognize that the pace offurther progress on standards implementation is relianton several factors. First, it depends on the willingnessof the majority community to continue to make effortsto create a multi-ethnic and democratic Kosovo. Thatwillingness does exist, despite the recent painfulconflict, and we must and will continue to supportthose who display that willingness. Secondly, thedegree of Kosovo Serb participation will influence theextent to which their interests are reflected in theongoing standards implementation. Here, as we haveurged repeatedly, Belgrade must give a clear, positivesignal. Thirdly, status resolution and the ensuingcertainty will mean that we can make faster and moresubstantial progress on a range of issues.

I want to be very frank: with a resolution of thestatus issue, and therefore an end to the uncertainty, Iam confident that we will see much more significantresults on issues such as returns, freedom of movementand the economy. Status resolution will also have clearregional benefits, including for regional dialogue andtrade. There are clearly limits to the results on regionalintegration that can be achieved without havingcertainty on status. Leaving it pending will delayregional integration and adversely affect the interestsof all, including Belgrade, Podgorica, Skopje andTirana. In my meetings with regional partners, theinterest in seeing status resolution is strong.

We are all working towards the same ultimategoal: stabilizing the region and the pursuit of theEuropean perspective. European integration is vital forKosovo and for the region. It will serve, as it haselsewhere, to break down borders and ensure greaterprosperity for everybody.

As Council members will have seen in his report,the Secretary-General believes that a comprehensivereview of standards should be initiated this summer.That comprehensive review can, inter alia, draw onexisting structures and working groups in Pristina tosupport its work on reviewing the standards, and allinterested parties will no doubt have a chance to maketheir voices heard.

I am confident that progress will continue in theinterest of all communities in Kosovo, based on aforward-looking, constructive and honest approach byall concerned. The role of the Security Council inmoving Kosovo from a holding operation to asustainable and lasting solution is crucial, and I thankits members for their support.

The President: I thank Mr. Jessen-Petersen forhis briefing of the Security Council.

I shall now give the floor to Mr. Nebojsa Covic,President of the Coordination Centre of Serbia andMontenegro and of the Republic of Serbia for Kosovoand Metohija.

Mr. Covic (Serbia and Montenegro) (spoke inSerbian; English text provided by the delegation): It ismy special pleasure to greet the members of theSecurity Council on behalf of the Council of Ministersof the State Union of Serbia and Montenegro and onbehalf of the Government of the Republic of Serbia,and to express my pleasure at having this opportunity

7

S/PV.5188

to participate in today's meeting on Kosovo andMetohija. I also thank the Secretary-General for hiscomprehensive report.

We have just heard yet another technical briefingby the Special Representative of the Secretary-Generalregarding the situation in Kosovo and Metohija. Everyopportunity we have to inform the internationalcommunity about the extremely difficult position of theSerbian and other non-Albanian communities in theprovince is extremely important to us. Today's meeting,however, is of special significance. That is because, iftalks on the future status are to begin on the basis ofthe report and the recommendations of the Secretary-General for launching a comprehensive review of thestandards implementation, we have to have concreteand not imaginary progress in Kosovo and Metohija.

Let us go back, for a moment, to the SecurityCouncil meeting in February and to the technical reportpresented on that occasion. I would like to remind theSecurity Council that the aforesaid report commentedcritically on and indicated the absence of results inachieving standards, particularly in the area of respectfor the rights of the non-Albanian communities.However, the report before us today notes significantprogress and implies that the prescribed standards havebeen met or are in the final phase of being met. Suchprogress, had it really been made in such a short periodof time, would no doubt be an amazing feat. Alas, thereality in Kosovo and Metohija is quite different.

Regrettably, the briefing we heard today links themost important problems to the Kosovo and MetohijaSerbs and to the Government of the Republic of Serbiaand its authorities. In view of the fact that Serbs andother non-Albanians live isolated in enclaves preciselybecause their safety is jeopardized and there is nofreedom of movement, the statement that freedom ofmovement exists in all municipalities in the province,except in the northern part of Kosovska Mitrovica, isinaccurate. Allow me to remind the Council that theseat of the District Court is in the northern part ofKosovska Mitrovica, and that the President of theCourt and all other employees are members of theAlbanian national community. They come to workevery day with no problem whatsoever, and wesincerely hope that the same level of freedom ofmovement will soon be achieved for minoritycommunities in all other parts of Kosovo and Metohija.

The report should not have omitted mention ofthe fact that there are still 230,000 internally displacedSerbs and other non-Albanians who cannot return totheir homes — not because they do not want to, butbecause the United Nations Interim AdministrationMission in Kosovo (UNMIK) and KFOR cannotguarantee their safety and freedom of movement.According to the Office of the United Nations HighCommissioner for Refugees (UNHCR), in the past sixyears around 12,000 internally displaced persons havereturned, 5,000 of whom are Serbs. However, despitethe officially proclaimed support for returns that wasexpressed on several occasions, one more so-calledyear of returns is passing, and there are no results.

Most of the activities of potential returnees moreor less boil down to visits to their demolished, burned-down homes and desecrated graveyards. We sincerelyhope that this year we will witness a transformationand that the representatives of UNMIK and of theProvisional Institutions of Self-Government will agreeto sign, with us, a protocol on organized returns whichwould break the deadlock, initiate the process andmake it more efficient. That would entail moreenergetic measures regarding the eviction of thosewho, threatening violence, are illegally using Serbianproperty. Further, it should be kept in mind that, of the27,000 court decisions that have been handed down inthe last six years on the restitution of usurped propertyto its rightful owners, only 300 have actually beencarried out.

The report should also have included data on 150demolished, burned-down Serbian churches andmonasteries, 60 of which, being sites of the highestimportance, enjoy a high level of protection. Whilethese holy sites await reconstruction, they are quietlybeing taken apart, brick by brick, and any trace of theirexistence is being destroyed.

The report does not mention the fact that theAssembly and the Government of Kosovo andMetohija are not truly multi-ethnic, since no protectionis provided for non-Albanian communities againstoutvoting. Kosovo and Metohija Serbs participate inthose institutions in which they stand a chance ofachieving goals related to their vital interests,particularly in those municipalities in which they wonthe last local elections. Nor does the report makemention of the illegal privatization of Serbian property,which continues in the absence of any strategy for aneconomic recovery or for finding solutions to the

8

S/PV.5188

problem of high unemployment. The report does notreflect sufficiently on the problem of organizedcrime — a problem that even Albanian parliamentaryparties point out as an evil that permeates all segmentsof life in the province.

I believe that the Council will agree that reportsshould not be written to satisfy only one side. But,leaving aside embellished reports on the “virtualreality” of Kosovo and Metohija, I would like to usethis opportunity to point out yet another worrisomeaspect of the activities of the United Nationsadministration in the province, which has a mandate toimplement resolution 1244 (1999) impartially.Unfortunately, the steps that were taken recentlyconsiderably jeopardize the credibility not only ofUNMIK but of the United Nations as a whole and callinto question the impartiality of the role they shouldplay in future processes. By making a politicallysensitive request to obtain a special internationaldialling code, a special international code for Pristinaairport, and through international visits byrepresentatives of the Provisional Institutions withoutthe presence of UNMIK officials and other similarinitiatives, creating the impression internationally thatKosovo and Metohija is a completely separate entity,the interests and requests of only one community livingin the province are being catered to, thus severelyviolating resolution 1244 (1999) and prejudging thefuture status of the province.

The most recent initiative regarding theestablishment of the Kosovo Forum, meant toconsolidate the Kosovo and Metohija Albanianleadership and to provide a framework within whichthey should prepare themselves for negotiations onfuture status, speaks volumes in favour of my claim. Iwould like to remind the Council that UNMIK is notpresent in the province to cater to the objectives andinterests of one community only, regardless of the sizeof that particular community and regardless of thepossible consequences of that community'sdissatisfaction if its one-sided requests are not met.

It is only human to want to show the success thathas been achieved, and I can understand that. Likewise,I can understand the need of the internationalcommunity to direct its attention and resources to otherhotbeds of tension around the world. However, I willreiterate once again that by writing embellished reportsthat serve to satisfy those needs, a poor compromise ismade for the Albanian majority. This will not be

conducive to achieving a modern, democratic, multi-ethnic society — something we defined at the verybeginning as our common objective.

We therefore welcome the balanced approach thatthe Secretary-General has taken in his politicalassessment and recommendations.

As always, the authorities in Belgrade are tryingto facilitate the process of achieving this common goalof ours by adopting a constructive approach, and westand united in our view that working towards a trulydemocratic and multi-ethnic society is the only path tofollow. At this point, however, I would like to stressthe cornerstone of the State policy of Belgrade: thatState borders cannot be changed, and that, in theprocess of finding a solution to the future status ofKosovo and Metohija, the sovereignty and territorialintegrity of the Republic of Serbia and the State Unionof Serbia and Montenegro cannot be questioned.

We are ready to seek, in cooperation with allinternational actors and through direct dialogue withPristina, a peaceful, comprehensive and permanentsolution to the Kosovo and Metohija problem, whichincludes the full implementation of resolution 1244(1999). The President and the Prime Minister of theRepublic of Serbia have extended invitations to boththe President and the Prime Minister of Kosovo andMetohija for a direct dialogue.

Although there has been no positive reply fromPristina, the invitation to a sincere dialogue, withoutany conditions, stands. It should focus on the veryheart of the problem, because we believe that a directdialogue is the only option if solutions are to be foundto the problems faced by our citizens living in theprovince. We hope that the leaders of the Kosovo andMetohija Albanians will in this case, too, demonstratea growing political awareness and readiness fordialogue. As we announced at the last meeting, wehave reactivated the Working Group on missing andkidnapped persons, the Working Group on returns andthe Working Group on energy, as agreed during theVienna process, while the reactivation of the WorkingGroup for transportation and communications isexpected in the next few weeks.

We are currently defining modalities forparticipation in the work of the working group ondecentralization — a working group we consider to bethe most important indicator of the multi-ethniccharacter of the Provisional Institutions of Self-

9

S/PV.5188

Government. We have also proposed the establishmentof two more working groups for technical dialogue, aworking group for privatization and a working groupfor environmental protection, but we have not yetreceived a reply.

During all the discussions we have had recentlywith representatives of the international communityregarding the pace of the process of finding a solutionto the Kosovo and Metohija problems, we have beenreassured that no automatism will be applied in thisprocess and that concrete results in achieving ourcommon objective have to precede every new step.Should the report that was presented today be taken asthe objective state of affairs in the field, it would serveas the basis for the very automatic action that has so farbeen resolutely ruled out as a possibility. If a formalevaluation based on this report commences — despitethe fact that, realistically speaking, standards have notyet been adequately met — we hope that the newSpecial Envoy in charge of evaluating the progressachieved will demonstrate a high level of impartialityand personal integrity and that he will summon enoughcourage to present the situation in Kosovo andMetohija as it really is.

It would be counterproductive to open the statusdiscussions before the standards — the basicprovisions of resolution 1244 (1999) — have beensubstantively implemented. According to the relevantindicators, Kosovo and Metohija is a long way fromsuch implementation. However, should it be decided, inspite of everything, to commence talks on future status.those discussions would be burdened with theextremism of the Albanian leaders, who will perceiveerroneously that the international community isyielding to their policy of ethnic cleansing. The issueof future status must be resolved through reachingagreements and finding a compromise, but, above all,in full respect of the basic international principle ofpreserving the sovereignty and territorial integrity ofthe Republic of Serbia and the State Union of Serbiaand Montenegro.

As a high-level official of a powerful countryrecently put it, the road signs to the future are beinghurriedly put in place in Kosovo and Metohija.Whether these road signs will lead the Serbian andother non-Albanian communities to a modern,democratic and multi-ethnic society and guide theregion towards stability and its future within the

European Union, without changing the internationallyrecognized borders, depends on all of us.

Mr. De La Sablière (France) (spoke in French):The Permanent Representative of Luxembourg willshortly make a statement on behalf of the Presidency ofthe European Union and I associate myself with thatstatement in advance.

At the outset, Mr. Minister, I would like towelcome your presence in the Chair at this importantmeeting. I thank Mr. Nebojsa Covic, President of theCoordination Centre of Serbia and Montenegro and ofthe Republic of Serbia for Kosovo, for his presenceand for his statement. I also thank Mr. Søren Jessen-Petersen for his briefing and for the work that he andthe personnel of the United Nations InterimAdministration Mission in Kosovo (UNMIK) are doingon the ground.

We have before us an excellent report(S/2005/335) of the Secretary-General on the situationin Kosovo. France fully shares its observations onmeaningful progress made by the people of Kosovo. Iparticularly welcome the fact that security today hasbeen restored throughout Kosovo thanks to the effortsof everyone, in particular the Kosovo Force (KFOR),which is doing an excellent job. Considerable effort isstill necessary in many areas, as correctly underscoredby the Secretary-General, but we are aware thatimplementation of standards for Kosovo will be a long-term effort. The key is to have undertaken this effortand to support it.

France also appreciates the value of theencouraging signs coming from Belgrade, and itwelcomes them. We know how difficult it is, afterarduous years, to make conciliatory gestures, but suchgestures are necessary if we want to hasten the solutionof the last conflict in the heart of Europe. We are alsoencouraged by President Tadic’s offer to meet soonwith President Rugova and by the planned meetingbetween the Prime Ministers of Serbia and of Kosovo.Pristina and Belgrade need to step up their contacts atall political and technical levels.

I should also like to reaffirm our desire for Serbiaand Montenegro to be fully associated with theemerging negotiation process. In exchange, theBelgrade authorities need to put an end to their tacticof obstruction, which prevents Kosovo Serbs fromparticipating in the public institutions of Kosovo. The“vacant chair policy” entails major risks that the

10

S/PV.5188

history of Kosovo will be written without the KosovoSerbs. We appeal to reason at this critical time, whenthe destiny of the territory is at stake.

France supports the recommendation of theSecretary-General to launch a comprehensiveevaluation of the situation and to appoint a SpecialEnvoy for that purpose. Indeed, in December 2003 theCouncil undertook a comprehensive strategy aimed atending, in full accordance with resolution 1244 (1999),the unacceptable status quo. One of the key elementsof that strategy was to carry out a comprehensivereview of the implementation of standards at mid-2005.The time has come to carry out that review objectivelyand calmly. This is a question of consistency for theCouncil and for the international community.

I would like to underscore here that the outcomeof the comprehensive review is not a foregoneconclusion. That is no mere formulaic statement: weneed to give the Special Envoy the necessary time tocarry out this work without being locked into anartificial timetable. We need to then consider how tofollow up the recommendations. No one shouldprejudge them. It is progress that will determine thetimetable.

My country also supports the conditions that theSecretary-General has established with respect tocontinuing the process. First, progress needs to beintensified, especially in the priority areas related tothe rights of the Kosovo Serbs. Clearly, we need toknow whether and how the Kosovo Serbs will be ableto continue to live in Kosovo or to return underconditions that are consistent with law, equity and thestandards that prevail in Europe today. Major effortsare still needed to give full effect to the rights of theKosovo Serbs in such areas as freedom of movement;basic conditions conducive to the return of refugeesand displaced persons, including the question ofownership rights and the economy; and the protectionof Serb religious sites and memorials.

We also expect concrete, decisive progress in thearea of decentralization. But let us not misleadourselves: this is a challenge for all of Kosovo, and notonly for a minority. It would be regrettable if ethnicconfrontations or partisan politicking delayed theimplementation of this key goal with respect to themodernization of Kosovo’s public institutions.

I would like to underscore that we will remainvigilant on these issues, particularly through the

quarterly reports that the Secretary-General willcontinue to provide to the Security Council. It is myhope that we will be able to continue to move forwardtowards a settlement of this conflict to the benefit to allthose living in Kosovo and throughout the region.

Mr. Motoc (Romania): My delegation isdelighted, Mr. Minister, to see you personally chairingthe second important meeting of the Council in a row.As I will point out further on, it seems that more thatone connection can be established between thesemeetings.

I would like to thank the Secretary-General forhis carefully balanced report on the situation in Kosovo(S2005/335). I would also like to thank the SpecialRepresentative for his briefing today, for his work inKosovo and for providing us with a useful technicalassessment of standards implementation.

As always, we convey our appreciation andgratitude to the men and women of the United NationsInterim Administration Mission in Kosovo UNMIK)and its partners on the ground — the European Unionand the Organization for Security and Cooperation inEurope (OSCE) — and well as to the Kosovo Force(KFOR). Romania would like to assure the SpecialRepresentative of its full support.

I welcome the participation at this importantmeeting of the representative of Serbia andMontenegro, Minister Nebojsa Covic, President of theCoordination Centre of Kosovo and Metohija.

Romania fully associates itself with the statementthat will be made shortly by Ambassador Hoscheit ofLuxembourg on behalf of the European Union.

Romania is pleased to note that the “standardsbefore status” policy, designed in accordance withresolution 1244 (1999), is starting to bear fruit. Wewelcome in this regard the continuing trend reportedby the Secretary-General in standards implementation.We welcome in particular the cooperation with theInternational Criminal Tribunal for the formerYugoslavia and the subsequent demonstration of thegrowing political maturity of Kosovo’s leaders.Romania concurs with the Secretary-General thatstandards are above all goals in and of themselves.They are the roadmap not only to the political processto determine the future status of Kosovo, but also tothe very connection to and integration with the largerEuropean family.

11

S/PV.5188

Indications of the growing investment thatBelgrade and Pristina are making in the sectoraldialogue are encouraging, but the recently expressedreadiness to engage in political dialogue as well mustbe supported so that it can materialize.

We encourage the Provisional Institutions of Self-Government and the inhabitants of Kosovo, of allethnicities, to keep up and enhance efforts for a stable,democratic, tolerant and truly multi-ethnic Kosovo,and we support those efforts. However, the day when aKosovo Serb or Albanian walks freely, fearlessly andin full dignity anywhere in Kosovo is not here yet. Thatwas one of the promises of resolution 1244 (1999), andthe Security Council must continue to uphold it.

In this context, we share the concern of theSecretary-General that deficiencies remain in allcategories of standards, including in key priority areas.Much remains to be done, and we need to see moreconcrete, tangible results in many fields, such asreturns, freedom of movement, rule of law andprotection and preservation of the religious andcultural heritage. The provisional authorities of Kosovoneed to accelerate the implementation of the standardspolicy.

Given the current situation in Kosovo, andconsidering that uncertainty neither benefits regionalstability nor encourages the sustained efforts neededfor creating a tolerant and democratic environment, acomprehensive review of the implementation could beinitiated, as recommended by the Secretary-General.We believe that this review should be seen as a meansto encourage the further implementation of thestandards by showing which specific areas need to beaddressed most urgently. We also believe that theCouncil should look beyond this first comprehensivereview and plan accordingly for a continuation of thereview mechanism.

The process on Kosovo is of paramountimportance for the entire region, and understandably, itis followed with great attention by political leaders andpublic opinion in South-East Europe.

Recently, the heads of State and Government ofcountries participating in the South-East EuropeanCooperation Process (SEECP), meeting in Bucharest,expressed support for the full implementation of thestandards policy and for respect for Security Councilresolution 1244 (1999). They called for a renewed andconstructive dialogue between Pristina and Belgrade.

The leaders of South-East Europe also declared that theprocess of standards evaluation, the commencement ofnegotiations on the future status of Kosovo and theestablishment of a democratic and multi-ethnic societyin Kosovo are of great significance for the region’soverall stability.

We believe that in this way a genuine “voice ofthe region” has expressed itself very clearly on what itexpects with regard to Kosovo. The matter before theCouncil today obviously had high priority on theagenda of the Romanian chairmanship of the SEECP,and we trust that the same kind of attention will becentral to the activities of the current Greekchairmanship as well.

Romania considers that effective mechanismsneed to be put in place to counter organized crime andpromote sustainable economic growth in Kosovo.

More generally, we believe that there is nosolution outside a European and Euro-Atlanticperspective for the region, including for Serbia andMontenegro. There have been encouraging signs ofadvancement in that direction lately. Opening upEuropean and Euro-Atlantic perspectives to Serbia andMontenegro and Kosovo will facilitate the process andensure a positive attitude and more willingness to carryout the necessary reforms.

On a particular note, Romania considers that asubstantive dialogue between Pristina and Belgradeand between communities in Kosovo — including,especially, on political matters — is essential at thismoment. Such dialogue should contribute not only tothe advancement of the political process, but also to abetter environment of trust and confidence. In thisrespect Romania welcomes the openness for dialogueexpressed recently by the high-level authorities ofSerbia and Montenegro and of Serbia. In the samevein, we call on the Kosovo Serb representatives toassume their role in the political life in Kosovo. In fact,we do not envisage an effective and viable solution forKosovo that is not be based on genuine dialogue andcompromise among those concerned.

Yesterday the Council took up, in the frame of aninspired Danish initiative, the issues of peacebuildingand preventing relapses into conflict. On the topictoday, the best peacebuilding offer we see for theWestern Balkans is their inclusion in the mainstreamEuropean and Euro-Atlantic integration processes.What Romania wishes to see in the Western Balkans is

12

S/PV.5188

sustainable security and stability, based on democracy,freedom and tolerance. That is a complex challengethat has Kosovo as a nodal point. To achieve it we needcommitment, political maturity, dialogue and visionfrom all involved.

I would like to conclude by asking the SpecialRepresentative to give us a few more elements onmeasures taken in Kosovo to fight organized crime,which is an important challenge for the entire region.

Mr. Sardenberg (Brazil): I wish at the outset tothank the Special Representative of the Secretary-General, Søren Jessen-Petersen, for his insightful andcomprehensive presentation on the report of theSecretary-General on Kosovo. I avail myself of thisopportunity to renew the expression of Brazil’s supportfor the excellent work he is doing at the head of theUnited Nations Interim Administration Mission inKosovo (UNMIK).

As Kosovo approaches a unique, decisivemoment, with consequences for the entire Balkanregion, we are encouraged by the indications ofincreased awareness on the part of Kosovo’s peopleand leadership about the effort that lies ahead. Growingcommitment by the Provisional Institutions to meet theconditions necessary to start the talks on the finalstatus is a welcome sign of political maturity. TheSecretary-General’s report and the briefing by theSpecial Representative highlight that a significantproportion of the Priority Standards Goals have beenachieved. This enhances the prospects for launching ofthe status talks this year.

Fortunately, since the regrettable outbreaks ofviolence last year, the Provisional Institutions haveintensified their efforts to implement the standards.Consistent efforts to improve the situation of minoritycommunities in the province were made, with a view tofulfilling an essential precondition for advancementtowards the process to determine Kosovo’s status.

The dialogue between Pristina and Belgrade wasalso somewhat improved. We welcome the resumptionof the work of the working groups on missing persons,energy, the return of displaced persons and transportand telecommunications. As to much-needed economicreform, steps made in the privatization process andwith respect to economic integration into the region areencouraging. Much remains to be done, though, giventhe dire economic situation of Kosovo, which has still

to deal with an unemployment rate higher than 60 percent.

In spite of all the positive elements, thetemptation to offer an excessively positive assessmentof the situation should be avoided. The Secretary-General warns in an unequivocal way that none of theeight standards has so far been entirely fulfilled. Thesituation of minorities is still a reason for concern,especially regarding freedom of movement and accessto justice. Also, refugees and displaced persons stillface a desperate predicament, as the slow pace of thereturns process is hindering the achievement of therelated standard. There is also much to be doneregarding the prevalence of the rule of law, the reformof local government and the full enjoyment by allcitizens of their fundamental rights.

Responsibility for the process must not be putentirely on the Kosovo Government’s shoulders.Minorities, especially the Serb minority, have thefundamental obligation of engaging fully in the questfor solutions by taking advantage of all opportunities toparticipate in Kosovo’s institutions. The Serbs must beencouraged by Belgrade to do so.

The Security Council must remain committed toresolution 1244 (1999) and to the “standards beforestatus” policy, under which definitive progress instandards implementation is a precondition for thedetermination of final status.

We believe that the intention of the Secretary-General to appoint a Special Envoy to lead theassessment process, starting this year, will indicate theroad ahead. By carrying on consultations with theparties and the international community, the SpecialEnvoy will be able to make an independent evaluationof the work done se far. The assessment of the level ofattainment of the standards will help determinewhether the conditions for final status talks have beencreated.

More than ever before, any freezing of the currentsituation in Kosovo would lead to further deteriorationof already difficult political, social and economicconditions. The review process, therefore, should becarried out with great seriousness. Above all, itsconclusions and results must not be anticipated ortaken for granted. None of the parties should beallowed to unduly influence the results of the reviewwith threats of any kind, and the Council must make it

13

S/PV.5188

clear that the resurgence of violence will not berewarded.

The persistent efforts to achieve dialogue andunderstanding between the parties through themediation carried out by the Contact Group have beeninstrumental in pushing the whole process forward.Peace in Kosovo should ultimately rely on winning thehearts of the people. Healing the wounds of the pastand rebuilding bridges between the variouscommunities will create an environment morefavourable to tolerance. All parties must be ready towork towards a compromise capable of turning Kosovofrom a source of instability into a model of peacefulinter-ethnic coexistence.

Mr. Vassilakis (Greece): We thank the Secretary-General for his report on the situation in Kosovo(S/2005/335). We also thank his SpecialRepresentative, Mr. Jessen-Petersen, for hisinformative and, I have to say, candid briefing. I wishto welcome Mr. Covic, President of the CoordinationCentre of Serbia and Montenegro and of the Republicof Serbia for Kosovo and Metohija, to our meetingtoday.

Greece associates itself fully with the statementto be delivered by the representative of Luxembourg onbehalf of the European Union.

I am sure that all members know what the ancientGreek philosopher Heraclitus said: “Ta panta rhei —Everything in life is in flux”. In recent years, we haveoften heard the expression “road map”. Reading thereport of the Secretary-General (S/2005/335), webelieve that both expressions could apply to recentdevelopments in Kosovo. In other words, since our lastmeeting on this item, in February (see S/PV.5130),things have been moving. Overall, the picture remainsmixed: some more progress, but still some delays;headway being made, but serious lags in some areas.As the Secretary-General points out in his report, noneof the standards has been entirely fulfilled and seriousdeficiencies remain in key areas. A great deal of worklies ahead of us. Let us go into this process with oureyes wide open.

Decentralization, to a large extent, holds the keyto success in restoring confidence and promotingreturns. And yet it has been allowed to slow almost to ahalt. An easy excuse can be offered: it does not featureformally as one of the eight standards to beimplemented. Yet we all know — and the Secretary-

General’s report makes it clear — that it is a keymeasure in building the new Kosovo. It remains soregardless of the standards, a number of which wouldactually be facilitated by its completion. In thatrespect, we welcome the participation for the first timeof Kosovo Serbs in the relevant working group.

On the important front of returns, no significantprogress has been reported. There can be no alternativeto success in this area. Evidently, efforts have to bestrengthened. Also, let us repeat once more thatKosovo Serbs need to re-engage in full dialogue on alllevels with the Provisional Institutions; they have todemonstrate their commitment to integrating intoKosovo society.

According to the report, improvement has beenachieved in freedom of movement as well as in thesecurity situation. But the integrated transport systemhas yet to become a reality; the zero-tolerance policyfor acts that threaten this freedom needs to beimplemented urgently and fully.

We cannot emphasize enough the importance ofthe signing of the memorandum of understanding onthe reconstruction of Serbian Orthodox religious sitesdamaged during the May 2004 riots. That constitutesan encouraging sign of public outreach by Kosovo’sleaders to the Kosovo Serbs.

Some good steps have also been taken in thedirection of economic reconstruction. Progress in theprivatization process is long overdue but isnevertheless very welcome. Let us hope that the paceof recovery will increase as the necessary structuralreforms are being completed.

The regional perspective should be fullyexploited. In that respect, the goals of economiccooperation within the South-East EuropeanCooperation Process and the question of how these caninclude Kosovo should be further explored andpursued. Greece, as part of the region and as currentChairman of the South-East European CooperationProcess, is actively engaged in promoting thedeepening of cooperation in the region.

The internal political situation in Kosovo remainsa real concern. The Kosovar people showed remarkablepolitical maturity when former Prime MinisterHaradinaj was indicted and surrendered voluntarily tothe International Criminal Tribunal for the Former

14

S/PV.5188

Yugoslavia. Since then, a new coalition Governmenthas taken over; the transition was smooth and orderly.

Nevertheless, internal bickering and tension havecontinued, along with incidents of violence, which area by-product of that kind of atmosphere. If the situationis allowed to deteriorate, this will inevitably influencefuture developments. The creation of a democraticsociety in Kosovo is a fundamental prerequisite for thefuture stability of the whole region. That cannot beoverlooked.

Bearing in mind the progress in all aspects of thestrategy proposed in November 2004 and the effortsundertaken by the Provisional Institutions, theSecretary-General has concluded that a comprehensivereview should be initiated this summer. The review isto be conducted in accordance with resolution 1244(1999) and the relevant presidential statements of theSecurity Council. On balance — a very fine balance —we share the Secretary-General’s view that we couldmove on to the launch of the comprehensive review.

This new stage in the process will not, however,mean that the standards implementation goal has beenachieved. On the contrary, for the ProvisionalInstitutions it should mean shifting into a higher gear.The international community’s expectations will notremain at their current level but will increase as timegoes by; the deliverables from Pristina should matchthat.

The resumption of dialogue on practical mattersbetween Belgrade and Pristina points the way to thefuture. We expect that such dialogue will resume soonat all levels. The invitations by both President Tadicand Prime Minister Kostunica to, respectively,President Rugova and Prime Minister Kosumi, are awelcome initiative and deserve our full support. Just aswe urge Belgrade to engage in dialogue with theprovisional authorities, so we must now make clear tothe Provisional Institutions that there can be noavoiding a direct dialogue with Belgrade.

Greece has undertaken a series of diplomaticinitiatives aimed at promoting dialogue among theparties based on the principle of the peaceful resolutionof disputes through negotiated settlement. In thiscontext, the Prime Minister of Greece recently visitedthe region, including Belgrade and Pristina.

It is our hope that Kosovo will one day becomean equal participant in the region’s stability and

prosperity — an integral part of the enlarged Europeanfamily. Therefore, no less than completeimplementation of all the goals in the standards plan isa prerequisite.

Mr. Mercado (Philippines): I join otherdelegations in welcoming you, Sir, to the Chair. Ishould also like to welcome the Special Representativeof the Secretary-General and Head of the UnitedNations Interim Administration Mission in Kosovo(UNMIK), Ambassador Søren Jessen-Petersen, and tothank him for introducing the report of the Secretary-General, as well as for his update on the situation inKosovo. We also welcome the President of theCoordination Centre of Kosovo and Metohija,Mr. Nebojsa Covic.

The Philippines is encouraged by the Secretary-General’s assessment that much progress has beenmade in efforts to promote multi-ethnicity in Kosovo,and we hope that that momentum will pave the way forthe start of discussions of its final status sooner, ratherthan later. We are pleased to note the progress achievedin the implementation of such standards as functioningdemocratic institutions, freedom of movement,sustainable returns and minority rights. We are alsoheartened by the determination exhibited by Kosovo’sleaders to pursue the implementation of these and otherstandards.

The Philippines welcomes the resumption ofdirect dialogue on practical matters between Belgradeand Pristina after a lull of more than 12 months and theexpressed willingness of Belgrade to engage in thatimportant process. We look forward to the plannedmeetings between President Tadic and PresidentRugova and Prime Minister Kostunica and PrimeMinister Kosumi, and hope that those high-levelinteractions will contribute constructively to theprocess.

The Philippines, however, shares the assessmentof the Secretary-General and the representative ofSerbia that much more needs to be done inimplementation of the standards. While such effortsmay not be enough to lead to the immediate resolutionof Kosovo’s final status, we are confident that thenecessary political will can be mustered in the comingdays and weeks to catapult the process in the rightdirection.

Kosovo is the last piece of the Balkan jigsawpuzzle, and it is of the utmost importance that all actors

15

S/PV.5188

engage constructively so as to put the final piece of thepuzzle in place as soon as possible. In this connection,the Philippines throws its full support behind theSecretary-General’s proposal to carry out acomprehensive review of the implementation of thestandards over the next several weeks. We alsowelcome the positive outcome of last Monday’sContact Group meeting in London, which endorsed thecomprehensive review proposed by the Secretary-General. However, the international community mustalso make it clear that the comprehensive review wasproposed on the premise that Kosovo’s leaders wouldcontinue to make progress in the implementation of thestandards. Discussion of Kosovo’s final status willtherefore be dependent on the outcome of the review.

Kosovo’s leaders hold the key to the future. Ifthey want to open the door to final status, they willhave to make significant strides in implementation ofthe standards in the weeks and months to come. Theyneed to collectively demonstrate a genuine andconcrete commitment to create a society where allcommunities can coexist peacefully and in which therights of members of all of Kosovo’s minority groupsare respected, safeguarded and guaranteed. TheProvisional Institutions must exert greater efforts toconvince Kosovo Serbs to participate in the process.Meanwhile, Belgrade must also do its share in movingthe process forward.

Kosovo cannot allow its past to rule its presentand its future. In his report to the Security Council(S/2005/335), the Secretary-General takes note of theprinciples laid down by the Contact Group for asolution to Kosovo’s final status, which exclude thepartition of Kosovo, its union with any country or partof any country, and its return to the situation beforeMarch 1999. As the time to decide Kosovo’s fate drawsnearer, my delegation believes that the Council shouldstart to consider its exit strategy for the province.Kosovo’s future is well within sight, but it is up toKosovo’s leaders and its people to determine how andwhen they will get there. We in the internationalcommunity should continue to encourage them andshow them the way.

Lastly, allow me to again express my delegation’ssupport for the earlier recommendation that theSecurity Council send a mission to Kosovo eitherbefore, during or after the comprehensive review. It isimportant that the members of the Council have a firm

grasp of the situation on the ground, if and whenKosovo’s final status is taken up.

Mr. Manongi (United Republic of Tanzania): Wejoin previous speakers in welcoming the report of theSecretary-General and in commending the SpecialRepresentative, Mr. Jessen-Petersen, for his briefing.We, too, welcome the presence of the Minister ofSerbia and Montenegro here this morning.

We are encouraged by key achievements in theeight standards set for Kosovo, and call upon theGovernment and all other actors to strive to achieve theother priority goals as set out in the technicalassessment report.

We, too, commend the calm reaction by thepeople of Kosovo following the recent indictment offormer Prime Minister Haradinaj. We are relieved thatwhat had been feared did not come to pass. We seetheir response as an illustration of growing politicalmaturity in Kosovo. However, we are concerned atreports that tension between governing and oppositionparties has intensified. We urge politicians and rivalpolitical parties in Kosovo to cooperate inconsolidating progress towards unity and final statusfor Kosovo.

We note that efforts to reform local governmenthave faced delays. In our view, such negativedevelopments only work to undermine the evolution ofimportant institutions that are critical for genuine self-government. Such delays should not be tolerated by theparties in Kosovo or by anyone else, for they can onlyengender instability. We know this, for it is all toofamiliar in areas of conflict in our own region. Localgovernment reform programmes must not await finalstatus negotiations. Delay only weakens the politicalprocess. However, we have heard with relief from theSpecial Representative this morning of specificmeasures now being undertaken to avert such delays.We welcome this renewed commitment.

We also welcome the direct dialogue establishedbetween Belgrade and Pristina on practical matters.This is an important step towards normalization ofrelations between the two sides. The signing of thememorandum of understanding to reconstruct SerbianOrthodox religious sites damaged in March 2004 is yetanother positive element. It is in this spirit that wesupport the effort of the Special Representative toarrange a meeting between President Tadic of theRepublic of Serbia and President Rugova.

16

S/PV.5188

We are encouraged by reported improvements inthe freedom of movement and in the promotion of thereturn of displaced persons, and we urge that a moreconducive atmosphere be put in place to allow morereturns.

We are also encouraged by the steps taken toestablish a framework for Kosovo’s economicdevelopment and its economic integration in the regionas a means of addressing Kosovo’s difficult economicsituation and to assist in generating employment.

We are too conscious that Mr. Jessen-Petersen hasa tough job and is working under difficultcircumstances. We take this opportunity to commendhim and the United Nations Interim AdministrationMission in Kosovo for what we believe is the goodwork they are doing in Kosovo. We also commend theEuropean Union and other financial institutions fortheir financial support, which will enable Kosovo tobecome a fully functioning economy and a democracy.

Mr. Holliday (United States of America): Iwould like to welcome back Special RepresentativeJessen-Petersen to the Council and thank him for hisexcellent briefing. I would also like to thank Mr. Covicfor joining us here today and for his statement.

We have reached an important milestone inKosovo. After six years of working with the people ofKosovo to establish a stable, multi-ethnic society, thetime has come to step back and assess their progress.

We welcome the Secretary-General’s decision toinitiate a comprehensive review this summer ofKosovo’s progress in implementing the UnitedNations-endorsed standards, and his intention toappoint a special envoy to carry out that review. Thereview will cover the benchmarks that lay out the pathto a multi-ethnic, democratic and prosperous society. Itwill provide the basis to judge whether there has beensufficient progress to justify the start of a politicalprocess to determine Kosovo’s final status, which hasremained undetermined during the last six years. TheUnited States believes that while Kosovo is on the righttrack, it still must make a major effort prior to thecomprehensive review to implement the standards.

Nevertheless, we should not take a positiveoutcome of the review as a foregone conclusion, norshould we assume that the subsequent launch of a finalstatus process will be automatic. Both will depend onthe outcome of the review, and that outcome is in the

hands of Kosovo’s leaders, who should continue theirprogress in implementing the standards.

Progress is needed on all the standards, butparticular emphasis should be placed on standardsaffecting the multi-ethnic character of Kosovo. Theprimary test of whether Kosovo has overcome thetragic problems of the past and matured sufficiently toallow the start of a final status process will be itstreatment of its minority communities. Effectivereform of local government, or decentralization, will bea key test in this regard. The early launch of thealready announced pilot projects would help show theProvisional Institutions’ commitment to makingprogress in an area of real concern to Kosovo’sminorities and would further the prospects for apositive review.

With the comprehensive review imminent and theprospect of final status talks approaching, we also lookto Serbia and Montenegro to engage constructively. Wewelcome the preliminary signs that it is doing so.Belgrade’s decision to encourage Kosovo Serbs toparticipate in the decentralization working groups is awelcome step, as is the resumption of direct dialoguebetween Belgrade and Pristina on other vital issues,such as energy, missing persons and transport.

In other areas, however, Belgrade continues todiscourage Kosovo Serbs from returning to their seatsin the Assembly and to their positions in Kosovo’sinstitutions and political life. This course is counter-productive to the interests of Serbs in Kosovo. We urgethe Government in Belgrade to actively encourageKosovo Serbs to participate fully in all of Kosovo’spolitical institutions and working groups. Participationis the most effective means for Kosovo’s Serbs toadvance their interests in Kosovo.

The comprehensive review represents anopportunity not only to address Kosovo’s future statussoon; it is also an opportunity for Serbia andMontenegro to reclaim its rightful place in Europeanand Euro-Atlantic institutions. We hope Serbia andMontenegro will seize this opening by engagingconstructively in Kosovo, maintaining a constructiveregional role and fulfilling its commitments to theInternational Criminal Tribunal for the formerYugoslavia.

Finally, as we set out to review Kosovo’sprogress, it is appropriate that the United Nationssimilarly review its mission in Kosovo to determine

17

S/PV.5188

whether it is properly organized and sized to meet thecurrent challenges. The mission of the United NationsInterim Administration Mission in Kosovo (UNMIK) isto ultimately work itself out of a job, and as progress ismade in transferring responsibilities to Kosovo’sProvisional Institutions, the size of the UNMIKpresence should be adjusted accordingly.

Again, we would like to salute and thank theSpecial Representative for all of his hard work over thelast several months.

Thank you, Mr. Minister. I did not get a chance towelcome you, but we are very pleased that you arehere.

Sir Emyr Jones Parry (United Kingdom):Mr. President, I am particularly pleased to welcomeyou. I am grateful to the Secretary-General for hisreport and to the Special Representative for hisbriefing, for his outstanding and, I think, impartialleadership of the United Nations InterimAdministration Mission in Kosovo (UNMIK) and forthe integrity that he brings to his work. It is good towelcome Mr. Covic back, and I thank him for hisintervention.

The United Kingdom associates itself with theEuropean Union statement to be deliveredsubsequently by the representative of Luxembourg.

The United Kingdom shares the Secretary-General’s assessment that progress in implementing thestandards for Kosovo has continued since his lastreport, although it is clear that further and continuingprogress will be required. Kosovo’s institutions reactedquickly and calmly in electing a new Government afterthe indictment by the International Criminal Tribunalfor the Former Yugoslavia (ICTY) of former PrimeMinister Haradinaj. The Belgrade Government’s callsfor calm following that indictment also helped. Thatvoluntary resignation and surrender to the Tribunal isan example of cooperation with the ICTY, which othersshould certainly follow.

I have four points on priorities for the comingmonths.

First, the United Kingdom welcomes theSecretary-General’s recommendations to begin thissummer a comprehensive review of Kosovo’s progress.We look forward to the early appointment of a specialenvoy to conduct that review. The outcome of thecomprehensive review is not predetermined.

Demonstrable progress in the standards implementationprocess must continue up to, during and beyond thereview. It remains up to the Provisional Institutions andall of Kosovo’s communities, with UNMIK’s help, tomake progress on standards if the review is to decidethat it is possible to move to the next stage and to startdiscussing Kosovo’s future status, as provided for inSecurity Council resolution 1244 (1999).

However, standards are much more than just ameans to future status discussions. They representfundamental issues which will be decisive for thefuture of Kosovo and its people, irrespective of issuesof status.

Secondly, decentralization, while not formallyone of the standards, is a key measure of progress andan important element in reassuring minorities. It istherefore disappointing that there has been littleprogress on the Government’s five decentralizationpilot projects since the last time the Council discussedKosovo, in February. As the Contact Group made clearto Prime Minister Kosumi on 25 May, progress onthose pilot projects before and during thecomprehensive review will be a factor in determiningthe outcome of that review.

Thirdly, Kosovo Serbs need to be allowed to playa full part in the political life of Kosovo. I did not saythat Kosovo Serbs should play a full part in the life ofKosovo. That, I hope, is obvious. I said they should beallowed to play a full part.

The United Kingdom welcomes the resumption ofthe direct dialogue between Belgrade and Pristina onenergy, missing persons and transport. Kosovo Serbparticipation this week in the decentralization workinggroups is also encouraging. In our view, the authoritiesin Belgrade should now be actively encouragingKosovo Serbs to take their rightful place in Kosovo’sGovernment institutions. The only way for KosovoSerb interests to be fully reflected and addressed nowand in the future is through the full engagement ofKosovo Serbs in Kosovo’s political life.

I like what the Special Representative said whenhe noted that the fault was not in Kosovo but that thevictims were. I also listened to and heard the specificpoints made by Mr. Covic. But it struck me that thebest way to address shortcomings is not across thisChamber. Instead, the Serb interest would be betterpursued through constructive engagement by Belgradeand if Belgrade encouraged and empowered the Serbs

18

S/PV.5188

in Kosovo to take their full part in the differentprocesses within Kosovo.

Fourthly, the United Kingdom fully supports theSpecial Representative’s emphasis on the importanceof restructuring the United Nations InterimAdministration Mission in Kosovo (UNMIK).Ambassador Kai Eide first brought this to theCouncil’s attention in his report of August 2004(S/2004/932, annex I, enclosure), and we look forwardto action beginning on that soon.

In conclusion, the Secretary-General’s report(S/2005/335) and the Special Representative’stechnical assessment contained in its annex I givecause for qualified optimism. But there can be no roomfor complacency; there is much more hard work ahead.But Mr. Covic’s perception of, for example, freedom ofmovement for minorities in Kosovo does not seem tous to be borne out by the situation on the ground asreflected by the empirical data in the technicalassessment annexed to the Secretary-General’sreport — an assessment which I did not consideractually to have been “embellished”. I use that wordbecause Mr. Covic used it I think, three times. We donot consider it to have been embellished. The trendremains positive, and the Provisional Institutionsshould continue to work hard on making theimplementation of standards of tangible benefit to allKosovars.

When final status discussions begin, it is clearthat an independent Kosovo is one option to beconsidered. But it is equally clear that Kosovo’s finalstatus, whatever it is to be, must be negotiated, must befair to the interests of all communities in Kosovo andmust promote regional stability and multi-ethnicity.

For its part, the United Kingdom, in the ContactGroup, in the Council, in the European Union and inthe region, will continue to work to build a stable,sustainable European future for Kosovo and for theregion as a whole, a future in which we very muchhope that Serbia and Montenegro too will assume itsrightful place within the European family.

Mr. Kitaoka (Japan): I would like to thank you,Mr. Minister, for convening and presiding over today’spublic meeting. I also wish to thank the SpecialRepresentative of the Secretary-General, Mr. SørenJessen-Petersen, for his comprehensive briefing. Wehighly commend Mr. Jessen-Petersen and the staff ofthe United Nations Interim Administration Mission in

Kosovo (UNMIK) for their proactive and tirelessefforts for the future of Kosovo.

Japan recognizes the importance of the “standardsbefore status” policy, endorsed by the Security Councilin its resolution 1244 (1999), and believes thatprogress in the Kosovo Standards Implementation Planby the parties, with support from the internationalcommunity, is essential. The commencement of thecomprehensive review will be a significant milestonefor the “standards before status” policy.

The Government of Japan highly appreciates theclear commitment and tangible efforts to date on thepart of the Provisional Institutions of Self-Governmentfor the achievement of the standards, which haveincluded cooperation with the International CriminalTribunal for the Former Yugoslavia and the resumptionof direct dialogue with Belgrade at the working grouplevel. We welcome recent proposals to hold high-levelmeetings between Pristina and Belgrade as a stepforward and hope that they will contribute toconfidence-building between the two parties.

Notwithstanding those indications of good faith,my Government does not believe that any of thestandards has been sufficiently fulfilled. Instances ofharassment of minorities continue to be reported, and aKosovo Force (KFOR) escort is still required for themovement of those minorities in some areas. Thefragile security situation, combined with highunemployment, has kept the rate of returns ofinternally displaced persons low. Much remains to bedone, especially with regard to the protection ofminorities. We welcome the adoption of the Reform ofLocal Government Working Programme 2005, and callupon all parties to make further efforts for theimplementation of that essential project.

We believe that the comprehensive review willfoster further progress in achieving the standards bythe parties and will crystallise the progress made todate with regard to each standard. From that point ofview, we consider it appropriate to begin the review atthis time, and we would like to express our support forthe Secretary-General’s recommendation that acomprehensive review should be initiated this summer.At the same time, Japan would like to underscore thatsignificant progress on all standards, including inaddressing the aforementioned problems, must berecognized in the comprehensive review in order for

19

S/PV.5188

the review to result in a positive evaluation and for thestatus talks to begin.

Japan has been providing its support to theKosovo Standards Implementation Plan throughassistance for the independent media and schools forethnic minorities, among other areas. Our totalcontribution to Kosovo to date in the fields ofreconstruction, humanitarian assistance,democratization and human resources developmentamounts to approximately $188 million. Projectsfocusing on medical care, education and humanresources development will continue to be undertakenin a proactive manner. Japan intends to continue toplay an energetic role in the efforts to shape the futureof Kosovo and to contribute to the consolidation ofpeace and economic development in South-EasternEurope.

Mr. Babadoudou (Benin) (spoke in French):Mr. Minister, my delegation wishes to welcome yourpresence among us this morning; it lends a particularprestige to this Council meeting devoted to the finalconflict ravaging the heart of Europe.

My delegation associates itself with precedingspeakers in expressing its appreciation to theSecretary-General for his report (S/2005/335). At thesame time, we warmly congratulate Mr. Søren Jessen-Petersen on his briefing.

There are two basic elements of the briefing towhich we should like to refer. First is the noteworthyimprovement in the political climate due to the effortsof all parties fully to implement the eight standards,although none of the standards has been entirely met;second is the need for the international community tofocus its efforts on the implementation of thosestandards as a prerequisite for determining the futurestatus of Kosovo.

In that framework, my delegation urges theProvisional Institutions of Self-Government tocontinue to display their will to lead the transitionprocess to success by giving concrete content to thestandards so as to establish a climate of mutualconfidence, which can reduce tension and violence,and the conditions for a democratic, multi-ethnic andeconomically viable Kosovo.

We welcome the expressed readiness of the Serband Kosovar authorities to meet at the highest levels.Such high-level dialogue, we believe, can help to

achieve progress in the implementation of thestandards. In particular, it will be necessary to continueto refine the working methods of Parliament, to pursuedecentralization, to take measures to facilitate freedomof movement and the resettlement of displaced persons,and to implement the memorandum of understandingon the reconstruction of destroyed Serbian religioussites. We also believe that the establishment of aworking framework for the economic development ofKosovo is a priority that should be pursued.

On the basis of all those considerations, mydelegation wishes to express its support for theSecretary-General’s recommendation that a specialenvoy be appointed to conduct a field assessment thissummer of the implementation of the standards and toshed light on future steps.

The international community must continue tofocus its attention on the situation in Kosovo and, inparticular, to support the people of Kosovo and theirpolitical leaders, who have the primary responsibilityfor the future of the province. In that context, all meansmust be applied to allow the participation of theKosovo Serbs in the process. We also believe that thepress could make a major contribution to the climateby raising awareness in that respect.

We hope that the final status of the province canbe determined as soon as possible so that the progressachieved on the long march towards normalization canbe consolidated.

Mr. Denisov (Russian Federation) (spoke inRussian): I welcome you, Sir, as President of theSecurity Council at today’s meeting.

Our delegation is grateful to the Secretary-General for his report on the activities of the UnitedNations Interim Administration Mission in Kosovo(UNMIK) and to the head of the Mission, Mr. Jessen-Petersen, for his comprehensive briefing on thesituation in the province. We welcome and support theparticipation in today’s meeting of the President of theCoordination Centre of Serbia and Montenegro and ofthe Republic of Serbia for Kosovo and Metohija,Mr. Nebojsa Covic.

Russia has carefully considered the Secretary-General’s report. We endorse his primary conclusionsand tenets and agree with his conclusion that, in thearea of standards implementation, a good deal of workremains to be done. Our primary concern in that regard

20

S/PV.5188

is the fact that, according to the report, not one of theeight primary standards has yet been fullyimplemented. We are especially distressed by theextremely low number of refugee returns, which arethe most useful indicator for assessing the situation inthe province. There are also considerable shortcomingsin the efforts to reform local institutions of self-government in Kosovo. At the same time, progress inthe area of decentralization offers the opportunity toassess the extent to which the authorities have takeninto account the legitimate interests of minorities.

Like the Secretary-General, we underscore thatthe genuine implementation of standards — aimedprimarily at ensuring the rights, freedoms and securityof ethnic minorities — is not only a test of thereadiness to take the political process to the next phaseof the settlement, but is above all a criterion of thematurity of the province’s government structures andtheir capacity to establish a truly democratic and multi-ethnic society in Kosovo. On that basis, we areconvinced that the process of standards implementationshould be analysed on the basis not of emerging trendsthat may be genuinely positive in themselves, but ofconcrete results. In that context, however, it would stillbe premature to talk about substantive progress havingbeen made.

At this critical juncture of the settlement inKosovo, the task of elaborating a coordinatedinternational strategy is of fundamental importance.We are pleased that the outcomes of the meeting of theBalkans Contact Group in London demonstrated theclear intentions of its participants to work together toachieve a stable Kosovo settlement. One such outcomewas the agreement of all parties to launch a reviewprocess, although the comprehensive review is not anend in itself. We are convinced that its implementationmust be consistent with highly specific requirements;above all, it must be thorough and protracted so thatthe future special envoy dispatched by the Secretary-General to conduct the review will have a genuineopportunity to draw an objective picture of thedevelopment of the situation in Kosovo and to preparea comprehensive policy report for the SecurityCouncil. It would also be appropriate for the head ofUNMIK to continue to issue technical reports.

The results of the policy review cannot andshould not be biased. The process of review must becarried out in all phases of its implementation with theoversight of the Security Council and culminate in a

presidential statement. It is crucial that the ContactGroup send consolidated signals to the governmentinstitutions in Pristina and Belgrade. Belgrade mustremain a full participant in the Kosovo process. Ireiterate that such consolidated signals must be sent toboth parties.

Unfortunately, a number of participants in today’smeeting have addressed their criti