Supplementary written evidence submitted
by the Foreign and Commonwealth Office
Current Situation
1. In June 1999, UN Security Council Resolution
1244 (UNSCR 1244) placed Kosovo under interim UN administration
(provided by the UN Interim Administration in Kosovo (UNMIK)),
pending a process to determine its future status. UNMIK's role
since then has been to establish a secure environment with the
assistance of the NATO Kosovo Force (KFOR) and build democratic
self-governing institutions to ensure conditions for a peaceful
and normal life for all inhabitants of Kosovo. The goal is to
build the conditions as set out in UNSCR 1244 within which Kosovo's
future status can be addressed.
2. UNSCR 1244 successive Special Representatives
for the Secretary General set out that Kosovo must meet certain
standards before its future status can be addressed in the so-called
"standards before status" policy. Over the past 12 months,
many in the region, the UN and wider international actors have
come to see this policy as too static. There has been growing
recognition within the international community that the status
question cannot be left indefinitely. The violence this year (see
below) further highlights that the uncertainty over Kosovo's future
status is a source of instability in Kosovo, and potentially throughout
the region. In 2003, the UK was instrumental in drawing up a Contact
Group initiative which sets a framework and timetable within which
Kosovo could work to reach these "standards". Endorsed
by the UN Security Council (UNSC) as the Standards Review Mechanism
in December 2003, this initiative provides for a formal review
of Kosovo's progress around mid-2005 (after the 2004 Kosovo Assembly
elections). If sufficient progress has been made, then a process
will begin to determine its final status in accordance with UNSCR
1244. If the review is negative, another date will be set for
a further formal review. In the run up to mid-2005, reviews of
Kosovo's progress against the standards will be conducted by UNMIK
in consultation with the Contact Group and other relevant parties
on the ground, and reported to the UNSC by the UN Secretary-General
in his quarterly reports on Kosovo.
3. On 17 March 2004, the worst violence
since 1999 broke out in Kosovo after three Kosovo Albanian children
were drowned after allegedly being chased into a river by Kosovo
Serbs with dogs. Violent clashes in Mitrovica (North Kosovo) between
Kosovo Albanians and Kosovo Serbs triggered inter-ethnic violence
elsewhere in Kosovo resulting in 20 fatalities (including both
Kosovo Albanians and Kosovo Serbs) and approximately 954 injured.
Violence was also directed at UNMIK and, for the first time, KFOR.
Our assessment is that the violence was not part of a wide pre-meditated
strategy to target minorities or the international presence. Rather,
extremists exploited an opportunity to mobilise people involved
in demonstrations over the deaths of the children to co-ordinate
further attacks across Kosovo.
4. The violence highlighted the growing
frustrations of the citizens of Kosovo with the current situation,
notably poor economic opportunities and lack of certainty about
the future. As a result, the UN and the Contact Group concluded
that while the international community should not be deflected
by extremists from the policy of making a better society based
around core standards, there were lessons it could learn to make
international agencies' work more effective in Kosovo and address
the violence's underlying causes. Following consultations with
the UN, the Contact Group now meets every six to eight weeks in
Pristina to help maintain momentum on the ground in addressing
the causes of the March violence and improving everyday life in
Kosovo for all its citizens. UN Secretary General, Kofi Annan
commissioned a report into the violence and into the UN's policy
on Kosovo as set out in paragraph 11.
5. In September 2004, the Contact Group,
in close consultation with the UN, issued a public statement re-affirming
the mid-2005 review date and the importance of standards implementation,
particularly relating to minority security and representation
[Annex A]. Furthermore it stated that the basis of any future
settlement must include the promotion of security and stability
in the Balkans where all people are free to live, work and travel
without fear, hostility or danger regardless of ethnic background,
race or religion. The Contact Group also stated for the first
time that a Kosovo built upon these foundations would not return
to the situation prevailing before March 1999. The Contact Group
will now hold consultations with the UN on the modalities of the
Review.
Internal Politics
6. Under UNSCR 1244, the responsibility
for governing Kosovo is shared between Provisional Institutions
of Self Government (PISG, consisting of the President, the Assembly,
the Government, and municipalities) and the UN Secretary-General's
Special Representative (SRSG) for Kosovo, currently Mr Soren Jessen-Petersen
(Denmark). Under the Constitutional Framework for Provisional
Self-Government of 15 May 2001 the areas listed under Chapter
8 (including foreign affairs, security and protection of minorities)
are reserved for the SRSG and the areas under Chapter 5 (including
health, education, environment, spatial planning) are transferred
to the Kosovo PISG. The SRSG "retains the authority to intervene"
in Chapter 5 issues, for example by dismissing the Assembly if
the rights of communities are not being fully protected.
7. The PISG is a grand coalition containing
Ministers from the three main Kosovo"Albanian parties, the
main Kosovo-Serb political coalition, and from other minority
communities. Dr Ibrahim Rugova (Democratic League of Kosovo—LDK)
is President of Kosovo; Dr Bajram Rexhepi (Democratic Party of
Kosovo—PDK) is Prime Minister; and Professor Nexhat Daci
(LDK) is Assembly Speaker. The three main Kosovo Albanian parties
are the LDK (headed by Mr Ibrahim Rugova), PDK (headed by Mr Hashim
Thaci) and the Alliance for the Future of Kosovo (AAK—headed
by Mr Ramush Llaradinaj). All share the same principal goal of
attaining independence for Kosovo. The main Kosovo-Serb political
entity is Coalition Povratak (KP, headed by Dragisa Krstovic),
which attempts to draw together the different Kosovo-Serb interests
and has strong links to Belgrade.
8. In the Kosovo-wide Assembly elections
in November 2001, the LDK obtained 45.65% of the votes; PDK 25.7%;
AAK 7.83% and KP 11.3%. Of its 120 seats, 10 are reserved for
representatives of the Serb community and a further 10 for other
non-Kosovo-Albanian communities. However the reserved seats do
not prevent such communities from gaining extra seats (in 2001
Coalition Povratak won a total of 22). The next Assembly elections
will be held on 23 October 2004.
9. Key challenges facing Kosovo and the
international community include building confidence and reconciliation
between the different ethnic communities and creating the conditions
for a multi-ethnic and tolerant Kosovo. The violence in March
demonstrates that much work remains to be done. Establishing more
representative and effective local government to ensure that all
Kosovo's citizens participate in decision-making at different
levels and have equal access to essential services, is key. UNMIK
has established a "Working Group of Local Government Reform",
which it co-heads with the PISG, and which has produced a Framework
Document for the reform of Local Self-Government. The Contact
Group, in close co-ordination with UNMIK, has offered to support
discussion between Belgrade and Pristina to take this forward.
As part of this process, the Contact Group met with representatives
from Belgrade in Vienna on 28 September 2004. Local government
reform and security for Kosovo's minorities was discussed with
UNMIK, the Council of Europe and representatives of the PISG,
who agreed to take Belgrade's concerns into account. The Contact
Group urged Belgrade to contribute to the Working Group on Local
Government Reform which is continuing in Pristina.
10. In terms of Kosovo's services, promising
progress has been made in establishing a multi-ethnic Kosovo Police
Service (KPS) where 15.5% of officers represent minority communities.
Progress has been slower on the Kosovo Protection Corps (KPC—civilian
emergency organisation) which has around only 4% minority representation
(and few of these are Serbs).
International Engagement
11. UNMIK, headed by SRSG Jessen-Petersen
who arrived on 16 August 2004, is the primary focus of the international
civilian presence in Kosovo. Following the March violence, the
UN Secretary General (UNSG) commissioned a report into the UN's
policy on Kosovo by Ambassador Kai Eide, the Norwegian Permanent
Representative to NATO. The report highlighted that the UN needed
to pursue a more dynamic policy in Kosovo, in particular to address
the Kosovo population's frustrations over the economy and lack
of PISG powers, and address the situation relating to minority
representation, rights and security. The UNSG is currently considering
its recommendations but both Ambassador Eide and SRSG Jessen-Petersen
have highlighted these as priorities. The SRSG has stated his
intention to make Kosovo's institutions more effective by transferring
increased responsibility to the PISG alongside an intense local
capacity building programme. The Contact Group supported these
priorities in their public statement of 22 September 2004 and
stated that it will put special focus on these areas in future
reviews of Kosovo's progress.
12. UNMIK retains the lead responsibility
for law and order in Kosovo. An international police mission works
closely with local officers from the Kosovo Police Service (KPS)
to support KFOR in providing security. Over 350 cases have been
filed by local and international prosecutors in relation to the
March violence. More than 270 people have been arrested and are
being processed by the local judiciary. 80 have already been convicted
of minor offences. International Prosecutors are also handling
52 cases related to serious crimes, including judicial investigations
into the 20 deaths.
13. KFOR is the international force responsible
for establishing and maintaining security in Kosovo. Following
the March violence, which highlighted weaknesses in KFOR's response,
NATO conducted a comprehensive lessons learned exercise. This
highlighted that while reinforcements arrived with commendable
speed and that this had a significant effect in ending the violence,
there were a number of areas where KFOR needed to improve its
capabilities. We continue to push for implementation of these
findings and some progress has been made in improving KFOR's ability
to respond to events similar to the March violence, such as removing
national caveats on crowd and riot control. We must ensure that
our military engagement is sufficient to continue to build on
our past investment in the region, not least in the run up to
possible future events such as Kosovo Final Status discussions,
and is based upon requirements on the ground. Original plans were
for KFOR to downsize from 17,500 to 10,000 during 2004, but following
the March violence this will be reviewed after the October elections,
and is unlikely to occur this year. Our ultimate aim remains to
enable the region to ensure its own security whilst keeping partners
and allies (particularly the US) engaged on the ground for as
long as necessary.
Bilateral Engagement/Assistance
14. Bilaterally, and through our work with
the UN, NATO, EU, OSCE and other international organisations and
NGOs, we continue to support efforts to build a democratic, tolerant
and stable Kosovo. In financial year 2002-03 the UK provided over
£128 million of multilateral assistance to Kosovo and £2.9
million bilateral assistance. The EU funds change and reconstruction
in Kosovo primarily through its regional aid programme CARDS (Community
Assistance for Reconstruction, Development and Stabilisation),
which is designed to support the objectives of the Stabilisation
and Association Process (SAp). Between 2001 and 2003 the EU committed
more than 336 million Euro through CARDS. The UK has long supported
these commitments and contributes about 19% of total CARDS funding.
15. To help underpin security, the UK currently
provides around 200 troops to KFOR deployed on specific tasks
relating to extremists and organised crime. We also have over
100 police deployed in the UNMIK police mission in Kosovo, the
majority of whom are performing an executive policing function.
UK officers are also deployed in a training, mentoring and intelligence
role. UNMIK's ultimate aim is to train the Kosovo Police Service
to a level where they can replace UNMIK in their current duties
and meet European and international policing standards. Following
the widespread civil unrest in March we are addressing the lessons
learned to assist UNMIK Police and the KPS to respond more effectively
to public disorder.
16. High-level visits to Kosovo in recent
years have included: Minister for Europe Dr Denis MacShane, as
part of a regional tour in April 2004; the Commons Defence Select
Committee in February 2004 and HRH the Princess Royal in February
2003. We have also hosted visits to the UK by Minister of Environment
and Spatial Planning, Ethem Ceku in March 2004, the then SRSG
Harm Holkeri in February 2004 and Prime Minister Bajram Rexhepi
in October 2003.
ANNEX
A
Contact Group Political Directors' statement following
a meeting in the margins of UNGA on 22 September
"The Political Directors of the Contact
Group—Germany, France, Italy, the Russian Federation, United
Kingdom, United States of America, and representatives of the
European Union—met the Special Representative of the UN
Secretary General, Soren Jessen-Petersen, on 22nd September 2004
in New York to assess the situation in Kosovo and the way towards
determining Kosovo's future status as outlined in UNSC Resolution
1244. The Contact Group paid tribute to the Secretary-General's
initiative in commissioning the comprehensive Kosovo Report prepared
by Ambassador Kai Eide of Norway and looked forward to the Secretary-General's
further consultations, which he initiated in his 20 September
meetings. Welcoming the Eide Report, the Contact Group agreed
with the Secretary-General that it provided an integrated and
comprehensive strategy for Kosovo.
The Contact Group discussed some principal goals
which govern the further political process. Kosovo's future, like
that of the entire region, is as part of Europe.
The basis of any settlement must include the
promotion of security and stability in the Balkans. As the "Standards
for Kosovo" document states, the future for Kosovo must be
one in which all people, "regardless of ethnic background,
race or religion, are free to live, work and travel without fear,
hostility or danger, and where there is tolerance, justice and
peace for everyone". The Contact Group's attitude towards
the future of Kosovo will depend heavily on the extent to which
this statement matches the reality on the ground in Kosovo, particularly
in regard to Kosovo's Serb and other non-Albanian communities.
The emergence of such a Kosovo will contribute to moving the Western
Balkan region towards European integration. These indicators mean
that Kosovo would not return to the situation prevailing there
before March 1999.
The Contact Group expects concrete progress
on decentralisation in Kosovo. In this context, the Contact Group
supports the Framework Document for the Reform of Local Self-Government
in Kosovo of 19 July. It also supports UNMIK and the PISG in elaborating
Kosovo's decentralisation concept, taking into account issues
such as the protection of minority community rights and security
and the need to ensure better living conditions for all inhabitants
in Kosovo. The Contact Group looked forward to the implementation
of pilot projects by the PISG and UNMIK, and called on the representatives
of the Kosovo Serb community to join the Pristina based "Working
Group of Local Government Reform" co-headed by UNMIK and
the PISG. Without prejudice to any eventual status settlement,
the Contact Group emphasised the importance of effective institutional
mechanisms to ensure the protection of minority communities.
Recognising Belgrade's interest in decentralisation,
the Contact Group reaffirmed its support for constructive engagement
with Belgrade. In this context, elements of the Belgrade Plan
could enrich the UNMIK-led process. The Contact Group expressed
its readiness to support discussion between Belgrade and Pristina,
including the PISG and representatives of the Kosovo Serb community,
and UNMIK, at a mutually acceptable time and place. Ultimately,
any solution to these issues must be agreed by and benefit all
communities within Kosovo.
The Contact Group expects to see the transfer
to the PISG, in accordance with UNSCR 1244 and in full respect
of the Constitutional Framework, of all responsibilities which
do not prejudge Kosovo's future status. The Contact Group expects
the PISG to discharge increasingly these new functions in a spirit
of responsibility, effectiveness and co-operation. It further
supports the SRSG's intention to reinforce the accountability
of the PISG through exercise of robust oversight.
The Contact Group recalled the statement by
the President of the Security Council of 12 December 2003 which
noted that a first opportunity for a comprehensive review of the
PISG's progress in meeting the standards would occur around mid-2005
and stresses that advancement towards a process to determine future
status of Kosovo in accordance with resolution 1244 will depend
on the positive outcome of this comprehensive review. The regular
review process to measure Kosovo's progress towards Standards
is under way. The Contact Group urges the PISG and all Kosovo
"s leaders to implement the standards constructively and
in good faith. Failure to do so, or efforts by any quarter to
undermine the standards implementation process, could have consequences
for the Comprehensive Review.
The Contact Group supports the SRSG's intention,
after the March violence, to put special emphasis on security,
minority protection, returns, decentralisation, freedom of movement,
and the economy. The Contact Group welcomes the intention of UNMIK
to devote particular attention to international co-ordination
on the economy in close co-operation with the EU Commission and
other key players. The Contact Group will focus in future reviews
on the areas below:
— Rule of Law: Welcome progress has
been made in bringing to justice those responsible for the violence
in March. The Contact Group calls for a policy of "zero tolerance"
towards those who propagate hatred and violence against ethnic
minorities. It is imperative to protect witnesses and to instil
tolerance and mutual respect. The Contact Group welcomes the growing
professional conduct of the Kosovo Police Service and looks forward
to constructive engagement by the Kosovo Protection Corps in line
with its mandate as a civilian emergency organisation.
— Sustainable Returns, Reconstruction,
Reintegration: The Contact Group notes the significant work done
by the PISG in reconstruction since the March events and urges
that this work be completed without delay, including rebuilding
churches and other religious sites. It welcomes the efforts of
the Council of Europe, the European Commission and the UNESCO
to assess and find funding for the restoration of religious and
cultural sites. The Contact Group also calls on the Provisional
Institutions to increase their efforts to create the conditions
for safe and sustainable returns, and on UNMIK to implement the
measures outlined in the 14 July statement, notably the creation
of a Ministry of Returns. The Contact Group looks forward to close
co-operation with Belgrade authorities and UNHCR in carrying out
a re-registration of IDP's.
— Freedom of Movement, Security: Movement
by members of minority communities continues to require military
or police escort. Kosovo institutions at all levels, especially
the municipal presidents and the KPS, must do their part to ensure
that minorities, particularly Kosovo Serbs, can live and move
around freely, that all persons displaced from their homes have
the opportunity to return, and are free to build a safe future
for their families.
— Functioning Democratic Institutions:
The Contact Group expects all political leaders and parties to
ensure free and fair Assembly elections in Kosovo, based on the
rule of law. The Contact Group reiterates the importance of Kosovo
Serbs' participation in these elections, this being the best and
only way for them to address their legitimate concerns. The Contact
Group calls on all communities in Kosovo to participate in the
elections, and in particular for the registration of all candidates
by 1 October.
The Political Directors will continue to closely
follow the process of implementing the Kosovo standards and requested
their representatives to continue their regular meetings in Pristina."
Foreign and Commonwealth Office
6 October 2004
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