Sunday February 17, 2008

KIM Info Newsletter 17-02-08

Kosovo Parliament illegaly proclaims indepencence, against UN Security Council mandate

Statement by H.E. Mr. Vuk Jeremic Serbian Foregin Minister at the UN Security Council Meeting

Following to this document is the decision of the Serbian Government annulling the illegal proclamation of Kosovo’s independence by Kosovo Provisional Assembly:

    THE REPUBLIC OF SERBIA

_______________________________________________

Security Council meeting

Security Council Resolutions

1160 (1998), 1199 (1998), 1203 (1998),

1239 (1999) and 1244 (1999)

                                 S T A T E M E N T

          by

        H. E. VUK JEREMIC

Minister of Foreign Affairs of the Republic of Serbia

New York, 14 February 2008

Mr. President,

Excellencies,

Ladies and Gentlemen,

There was a time when the final authority of the United Nations Security Council was not fully respected, when its ultimate legitimacy was discounted, and when its capacity to act was restricted. That time was the Cold War, and that time has passed.

Today, we no longer view international politics as a winner-takes-all contest.

The Security Council—and the United Nations system as a whole—is once again the crucible of human hope for peace and security, the focal point of trust, and the center of our confidence in the concord to come.

Today, we embrace the global diversity of views. We believe it makes us stronger as a world community. And we judge that the world is a better place, full of the possibility that comes with the secure knowledge that our destiny is inexorably tied to one another’s.  

Mr. President,

Since the democratic overthrow of the regime of Slobodan Milosevic in October 2000, the citizens of our country have regained their freedom and started enjoying the benefits of peace. We have toiled unceasingly to provide a prosperous future for all, under the roof of a united Europe. And we have done so while working hard to advance reconciliation with our neighbors—a cornerstone of our policy to break with the legacy of the Balkans’ recent past.

For the first time in history, the region is well within reach of the point of no return.

Our success to date has been a great victory for all who believe that belonging to Europe is good for Serbia, good for the Balkans, good for all the nations of the Old Continent.

And yet, Excellencies, we have been informed of a deliberate intention to drastically set back progressive development throughout the region. If allowed to stand, the adverse consequences for not only the Western Balkans, but the world community as a whole, will be grave.

The imminence and scope of this threat brings me before you this afternoon, as does the expectation that by working together, we can avert a disaster of unfathomable proportions.

Mr. President,

We have received reliable information that the Provisional Institutions of Self-Government of our southern province of Kosovo and Metohija, under interim UN administration, intend to unilaterally and illegally declare independence from the Republic of Serbia in the coming days.

Such an illegitimate declaration by the authorities in Pristina would brutally violate Security Council Resolution 1244’s reaffirmation of the sovereignty and territorial integrity of a member-state of the United Nations, in this case, the Republic of Serbia, which includes—quite explicitly, according to the text of the resolution and our own Constitution—our province of Kosovo and Metohija.

Mr. President,

The Security Council, together with each and every member-state of the United Nations, has a Chapter VII obligation—a binding obligation—to respect the sovereignty and territorial integrity of the Republic of Serbia. This is the plain language of Resolution 1244, and we expect, Mr. President, the Security Council to honor the demands of international law, the requirements of international justice, the principles of the United Nations Charter, and the very language of this Council’s Resolution, as you consider how to respond to the hostile intent of the authorities in Pristina.

Mr. President,

The Republic of Serbia shall not tolerate such an illegal act of secession. Our Government and National Assembly will declare this action of the authorities in Pristina null and void. And we shall undertake all diplomatic, political, and economic measures designed to impede and reverse this direct and unprovoked attack on our sovereignty.

I must add, Mr. President, that as a responsible member of the international community committed to the peaceful and negotiated resolution of disputes—and as a dedicated aspirant to membership in the European Union—the Republic of Serbia will not resort to the use of force. For violence cannot bring a peaceful settlement to any crisis. That is why even in this troubled hour, we repeat our call upon the authorities in Pristina to publicly and unambiguously commit to the process of seeking a compromise solution to the future status of our southern province.

Together, acting with forethought and prudence, Pristina and Belgrade, with the support of this Council, can still avoid setting a precedent that will do irreparable harm to the international system. The precise nature of this precedent must be spelled out.

The unilateral and illegal declaration of independence of Kosovo from Serbia by the authorities in Pristina would constitute nothing less than the forcible partition of a sovereign member-state of the United Nations. The direct and immediate consequence of this act would be the destruction of the first principle of the United Nations, namely the sovereign equality of all member-states.

Such a precedent, imposed on the world community, would echo far, far away, into every corner of our globe. For we would discover that the rushing river of self-determination has become an uncontrolled cascade of secession.

We all know that there are dozens of Kosovo-s throughout the world, just waiting for secession to be legitimized, to be rendered an acceptable norm. Many existing conflicts would escalate, frozen conflicts would reignite, and new ones would be instigated.

Mr. President,

Let me be very clear. The Republic of Serbia shall never accept any violation of its territorial integrity. We shall never recognize Kosovo’s independence. We shall not waiver, we shall not yield, should this cowardly act proceed unchecked. Not now. Not in a year. Not in a decade. Never. For Kosovo and Metohija shall remain a part of Serbia forever.

Make no mistake, Excellencies, the Kosovo Albanians are about to throw down the gauntlet to this Organization. They have committed themselves to a course of action that would constitute an unprecedented, express and deliberate violation of the United Nations Charter, international law, and the powers of the Security Council itself.

Mr. President,

This is what we believe is required.

First, that the Security Council take effective action to ensure that all provisions of the United Nations Charter and Resolution 1244 are fully respected. Therefore, the Security Council must urgently act to condemn the clear intent of the authorities in Pristina to unilaterally, illegally, and illegitimately declare independence from the Republic of Serbia. Additionally, the Security Council must reaffirm the sovereignty and territorial integrity of the Republic of Serbia, including Kosovo.

Second, that the Secretary-General and his Special Representative in Kosovo exercise their authority in this matter. Special Representative Joachim Rϋcker must receive clear and unambiguous instructions to make swift use of his reserved powers, as enumerated in the Constitutional Framework for Provisional Self-Government in Kosovo, and, in the event of a declaration of independence by the province’s Assembly, proclaim this act to be null and void. He must also be instructed to dissolve the Kosovo Assembly, on the grounds that declaring independence is not in conformity with Resolution 1244. He has this power. This power has been used before. He must make full use of it once more.

Third, that the international security presence in Kosovo, identified by the acronym KFOR, continue to abide by the legal framework for its operation, in conformity with paragraph 9 of Resolution 1244, and remain status-neutral. Continuing to adopt this approach ensures that all residents of our southern province will remain receptive to its mission to safeguard their lives and property.

KFOR must, Mr. President, demonstrate particular sensitivity toward the Kosovo Serb community, as well as to the clerics of the Serbian Orthodox Church and their monasteries, some of which have been placed on UNESCO’s List of World Heritage Sites, and alarmingly, on its List of World Heritage in Danger. These holy sites stand at the foundation of Serbian identity. They are not simply buildings or mere monuments. They constitute an essential link to the living tradition of Serbia today.

The Republic of Serbia is confident that KFOR has the capacity to prevent a repeat of the ethnic cleansing against the Serb population that took place in the latter half of 1999 and in March 2004, and to protect my nation’s religious heritage against further destruction and cultural cleansing.

Fourth, Mr. President, that the European Union too continue to fully respect all the provisions of Resolution 1244—in particular those related to the authority vested in the Security Council (paragraphs 5 and 19).

Let there be no doubt: the Republic of Serbia welcomes as a matter of principle any demonstration of Europe’s deepening commitment to the Western Balkans. And for that reason, we welcome the EU’s desire to increase its presence in our southern province.

But in order for the EU-led mission to Kosovo to acquire the full international legitimacy so crucial to the fulfillment of its mission, it must first seek a mandate from the Security Council.

Mr. President,

We do not believe opportunities for negotiations are exhausted, because we believe it is never too late to work towards a solution that leads to regional peace and stability.

We do not believe it is ever too late to negotiate about the future—especially when it’s a future we all share.

Is it too late to talk of peace in the Middle East, in Africa, or anywhere else in the world for that matter? Should we just give up—and in the process resign ourselves to the defeat of principles that form the core of what binds us together?

Walking away is not a legitimate option, for it means that we, as a world community relegate ourselves to the fatalism of the past. It means that we are ready and willing to sacrifice geo-strategic priorities on the altar of the communal aspirations of Kosovo Albanians. And it means that we would consciously avert our gaze from the main goal: a European future for all the Western Balkans.

Mr. President,

We have gathered today primarily to address the question of the status of Kosovo. But I am here to advise you clearly, and before history, of the status of the whole of Serbia as well.

I intend on setting the record straight, and I intend on being both blunt and undiplomatic.

My nation has suffered enough by being demonized for the 1990s. We are tired of seeing people hide behind the past to justify the abuse of our country today.

That is why we cannot allow a series of lies to be perpetuated into the history books that Serbia has been obstructionist, that Serbia never really negotiated, that Serbia is still a nationalistic country trying to oppress minorities. That Serbia is the cause of the present troubles.

Yes, Mr. President, I have heard these and many more such accusations. And I have heard them from people who should know better. Much better.

In back rooms and hallways, Excellencies, you have been told that every avenue has been exhausted. That a solution must be imposed, for negotiations have not born fruit.

What has transpired in the last two years has not been a real negotiation. It has been an exercise in which the end result was made known to all in advance.

The last two years is a record of failure of those who wanted to impose solutions with callous disregard for the most elementary precepts of international law and democratic values.

The record of the last two years is also an indictment of a process that ought to have brought peoples together, but instead forced them apart.

Excellencies, Serbia will not accept responsibility for this abject failure. History will judge those who substituted polemics for principles, and diplomatic theatre for visionary statesmanship.

Mr. President,

I appeal to all the members of the Security Council, as well as all the member-states of the United Nations, to continue to respect, in this time of crisis, the sovereignty and territorial integrity of the Republic of Serbia.

We say to you, with the certainty and fortitude of a unified nation: Serbia will never forget.

____

The preservation of a Serbia whole and free, integrated into Europe and engaged with the world, is the basic tenet of our national interest. This will not change.

____

We have made our choice. Now is the time for the Security Council to choose, and for the member-states to choose—to choose whether to join us in a defense of the principles we all revere.

For that is the issue before you: whether to destroy or to preserve the sacrosanct character of basic solidarity between sovereign states, the common denominator of the world community.

____

A moment such as this defines paths of nations. We are a nation, Mr. President, that has struggled over the course of many centuries to defend its freedom, to establish its democracy, and to build its just society.

So it has been, so it is, and so it will be. And so will be Kosovo. Ours to the end. Kosovo will remain a part of Serbia forever.

____

Thank you, Mr. President, for having given me the opportunity to address this Council at a time of great consequence for us all.

Signs showing an appearance of the second ethnic Albanian state in the Balkans
(a scene from Kosovo’s western town of Pec – main square)

Government of Serbia annuled illegal act of Kosovo’s independence

Belgrade, Feb 14, 2008 – At today’s session the Serbian government adopted the Decision to annul all illegal acts by interim self-governing organs in Kosovo-Metohija pertaining to the declaration of unilateral independence.

The Serbian government requested the National Assembly to immediately call a special session to confirm the government Decision to annul all illegal acts by interim self-governing organs in Kosovo-Metohija pertaining to the declaration of unilateral independence.

The integral text of the Decision on the annulment of the illegitimate acts of the provisional institutions of self-government in Kosovo-Metohija on their declaration of unilateral independence, which the government adopted today, is as follows:

GOVERNMENT OF REPUBLIC OF SERBIA

Proceeding from the fact that the Republic of Serbia is an internationally recognized state, one of the founders and a member of the United Nations as well as of many other international organizations;

Proceeding from the fact that the Republic of Serbia, like all other member states of the United Nations, is subject to the fundamental principles and norms of the United Nations Charter which guarantees the sovereignty and territorial integrity of independent states within their internationally recognized borders;

Proceeding from the fact that the Constitution of the Republic of Serbia guarantees the sovereignty and territorial integrity of the Republic of Serbia and that the Constitution of the Republic of Serbia explicitly says that the Province of Kosovo and Metohija forms an integral part of Serbia’s territory, has the status of substantive autonomy within the sovereign state of Serbia and that, based on such a status of Kosovo and Metohija, all its administrative bodies, including the Government of the Republic of Serbia, have a constitutional duty to represent and protect Serbia’s state interests in Kosovo and Metohija;

Proceeding from the fact that on 26 December the National Assembly of the Republic of Serbia adopted the Resolution on the Protection of Sovereignty, Territorial Integrity and Constitutional Order of the Republic of Serbia which set out that any declaration of Kosovo’s independence as well as recognition thereof by any state, would constitute a gross violation of international law and primarily of the UN Charter, the Helsinki Final Act and Security Council Resolution 1244. Such acts and activities would directly jeopardize the sovereignty, territorial integrity and constitutional order of the Republic of Serbia;

Proceeding from the fact that the United Nations Security Council Resolution 1244 has explicitly stipulated that Kosovo and Metohija forms an integral part of the Republic of Serbia, that this resolution has affirmed “the commitment of all the states to its sovereignty and territorial integrity” as well as that this legal fact has also been explicitly mentioned in previous United Nations Security Council Resolutions, i.e. numbers 1160, 1199, 1203 (all of 1998) and number 1239 of 1999;

Expressing unreserved commitment to the United Nations Charter and to the principles and tenets of sovereign equality of the United Nations member states which underpin the UN Charter, respecting UN Security Council Resolution 1244 under which the United Nations mission has been established in Kosovo and Metohija as well as the strong commitment of the Republic of Serbia to respect international law that constitutes the cornerstone of global peace and security,

By virtue of Article 97 paragraph 1 of the Constitution of the Republic of Serbia, Article 182 paragraph 2 of the Constitution of the Republic of Serbia and Article 43 paragraph 1 of the Law on the Government (Official Gazette of RS, Nos 55/05 and 71/05-correction and 101/07), the Government of the Republic of Serbia has adopted the following

DECISION

TO ANNUL THE ILLEGITIMATE ACTS OF THE PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT IN KOSOVO AND METOHIJA ON THEIR DECLARATION OF UNILATERAL INDEPENDENCE

1. The acts and actions of the Provisional Institutions of Self-government of Kosovo and Metohija whereby unilateral independence is declared are hereby annulled as they violate the sovereignty and territorial integrity of the Republic of Serbia guaranteed by the Constitution of the Republic of Serbia, the United Nations Charter, Security Council Resolution 1244 (1999), other relevant Security Council Resolutions as well as by international law in force. These acts represent a violent and unilateral secession of a part of the territory of the Republic of Serbia and this is why they are invalid and void. These acts do not produce any legal effect either in the Republic of Serbia or in the international legal order. Unilateral secession of a part of the territory of a sovereign state constitutes legal violence against the Republic of Serbia and violence against international law in force.

2. The Government of the Republic of Serbia re-asserts with this Decision that the Autonomous Province of Kosovo and Metohija is an inalienable part of a single and inseparable constitutional and legal state order of the Republic of Serbia based on the Constitution of the Republic of Serbia and the United Nations Charter.

3. The Government of the Republic of Serbia re-asserts with this Decision that Serbs, non-Albanians and all other citizens of the province of Kosovo and Metohija who recognize the state of Serbia have full civil rights and are equal citizens of the Republic of Serbia and that they have the full right not to recognize the illegitimate act of declaration of unilateral independence.

4. The Government of the Republic of Serbia asserts its readiness to implement in the territory of the Autonomous Province of Kosovo and Metohija the Constitution and the laws as well as the entire legal order of the Republic of Serbia.

5. The Government of the Republic of Serbia demands from all other public institutions and state bodies of the Republic of Serbia, as laid down by the Constitution, to undertake all constitutional and legal acts and actions to secure and ensure the unity and inseparability of the territory of the Republic of Serbia guaranteed by the Constitution of the Republic of Serbia, in accordance with the Resolution 1244 and the Military-Technical Agreement between the International Security Force (“KFOR”) and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia.

6. Recalling the National Assembly Resolution on the Protection of Sovereignty, Territorial Integrity and Constitutional Order of the Republic of Serbia and, in particular, point 5 thereof by which the National Assembly demands from the Government of Serbia to determine with the EU that EU mission may not come to the territory of Serbia, to Kosovo and Metohija without an appropriate UN Security Council decision to that effect, the Government of Serbia considers all the decisions of the EU bodies on sending a mission to Kosovo and Metohija to be invalid. Thus, these decisions produce no legal effect for Serbia nor any obligations for Serbia as regards their implementation.

7. The Government of the Republic of Serbia demands from the UN Security Council to convene a Security Council session under urgent procedure which would annul forthwith the illegitimate act of declaration of the Province’s unilateral independence. The Government of the Republic of Serbia demands from the Special Representative of the United Nations Secretary General to undertake all actions at his disposal under Security Council Resolution 1244 as well as under the other relevant acts of that UN body, in order to prevent violation of the United Nations Charter and Security Council Resolution 1244 and immediately annul all the acts and actions whereby the Province’s unilateral independence is illegitimately declared as well as to preclude any further violation of the mentioned resolution, the other relevant acts of the Security Council, the United Nations Charter and the valid norms and rules of international law.

8. The Government of the Republic of Serbia demands from all the UN member states to respect the sovereignty and territorial integrity of the Republic of Serbia in accordance with international law, the United Nations Charter and Security Council Resolution 1244.

9. The present Decision will come into force at the date of its publication in the Official Gazette of the Republic of Serbia.

Bishop Artemije at the Moleban – special prayer at St. Demetrius’ church in Mitrovica, Feb 16
Today Bishop Teodosije and Joanikije have served a Holy Liturgy at Pec Patriarchate and Bishop Artemije served the liturgy in Gracanica. The Church leaders called Serbs not to leave their homes and to face the illegal proclamation of independence with Christian dignity and hope in God’s help. Metorpolitan Amfilohije the senior member of the Holy Synod will hold a press conference at the Patriarchate in Belgrade today and express serious protest of the Serbian Orthodox Church against the unilateral proclamation of a quasi-state in Kosovo.

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