WASHINGTON, BRUSSELS -- Without a resolution, it would be impossible to guarantee respect of Kosovo Serbs' rights, Daniel Serwer says.
Source: B92, Beta
Close the entire text of the article here
“The key question is whether the UN Security Council will adopt a new resolution. If it does, the document will be based on Ahtisaari’s plan,” Serwer said.
“However, if the Security Council does not pass the resolution, it will be impossible to implement provisions stipulated in the UN envoy’s plan that pertain to Kosovo Serbs’ rights,” Serwer argued, adding that “if he were a Kosovo Serb, he would be worried if the Council fell short of passing the resolution.”
He did not exclude the possibility that certain states might bilaterally recognize Kosovo’s statehood in that case.
Rehn: No use in delaying Kosovo decision
There is no use in postponing a status-defining decision on Kosovo, EU Enlargement Commissioner Olli Rehn said.
In an interview with Priština’s Koha Ditore newspaper, Rehn said that the UN fact-finding mission had an opportunity to see the diverging views of Belgrade and Priština regarding the issue of Kosovo.
“Therefore I believe there is no point in delaying the decision on the final status of the province,” Rehn said.
“It is essential that the UN Security Council fulfills its obligation and passes a status-defining resolution,” Rehn added.
Rehn also said a resolution would be passed at the end of spring, so that “the EU could send a new civic administrative mission to Kosovo.”
You are soooo right mr. Daniel Serwer...
Even the K. serbs nows that, but the serbian government use them as Marionet for their Ego´s, they don´t give a damn thing about the people who actualy live in Kosovo, that´s way this must end and everybody should look their own busnies, and thats Kosovo will go in own way with people who lives in it...
(Lotus, 30 April 2007 11:45)
Washington is doing everything in their power to bully Belgrade and Moscow into accepting reality. But bullying doesn't appear to be working, though, and attempts to weaken Belgrade's resolve through "secret talks", rumors of "partition" and threatening terrorism against Serbia have failed as well. Neither Serbia nor Russia are showing any signs that their commitment is wavering.
(Milan, 30 April 2007 12:56)
UN Resolution 1244 has to be renewed annually (in May). If Russia vetoes the new resolution, US could veto the old one. In that case Kosovo could find itself in limbo and with UNMIK being there without a mandate. Then anything goes. Serwer is right.
(john, 30 April 2007 13:08)
As I read this comment, done by Daniell Server, I ask B92 editor why they didn't write Frid's comments don on saturday where he says with or without resolution Kosova will be independent? I had a very good impression for B92 as an independent source of information!
(Shukri Gashi, 30 April 2007 13:26)
The plan rewards terrorism.. and it says that if the majority of the people want independence they will get it. So watch for trouble in Spain when the Brits want areas of southern Spain for themselves or even north western France. There are sizable populations of Anglos there to call for it! Serbia will lose Kosovo and be offered early EU entry as a reward.... and that will bring a load more problems!
(Wil, 30 April 2007 14:07)
So much ink used to write inepties while the reality is so simple. The 1244 resolution was made to STOP a genocide, a war, and years later, this resolution is of no more actuality. Serbia should recognize its personal failure, morale and political, to settle its problems with the Albanians. Now, they only positive step is to re-write the resolution and replace it with more accurancy. I agree that the Serbs will live better in an independant Kosovo.
(Victor, 30 April 2007 14:16)
No Wil, the plan says you can't govern a people which you tried to kill. This is what the plan says. It is different for example Qubec in Kanada where Kanada allowed the referendum where people decided to stay in, or spain where people live without any problem or some other samples you get every day. They didn't kill their people like serbia did in Srebrenica, Krusha e vogel, Vukovar. You have to reflect now, even Montenegro didn't want to live with you even if you have same language, faith and culture.
(Shukri Gashi, 30 April 2007 14:34)
North of the Ibar it doesn't matter what any resolution says because the KLA is not allowed there and thus Serbs are safe. South of the Ibar Serbs aren't safe with NATO protection now they would be safe with Albanians in charge? That's ridiculous. The only way Serbs South of the Ibar would be safe is if Serbs police and troops were allowed to protect them.
(Brian, 30 April 2007 14:45)
John - If Resolution 1244 is not fulfilled (which it hasn't been) it has to be renewed in lieu of such fulfilment.
Milan - I agree. Have you noticed that during the bullying tactics it is usually a 'former' representative or someone just close enough to test the water but not commit? It's never quite an official line - always individual comments.
(kate, 30 April 2007 15:08)
The fact remains that the US are clearly getting desperate - they have tried with the suggestion of carrots but with nothing but a bluff to offer - what can they give to the Russians. Now they are trying with even more bluffs this time of a stick by suggetsing it was everyone elses fault and trouble that comes from it is the Russians fault - talk about denial but I think it was the US & UK who spearheaded the ILLEGAL NATO bombardment of Serbia & Montenegro. It was be the Us who were again faced with illega challange of respecting UN laws that they have agreed to or fluanting it to get their own way.
There is nothing left that the US can do but scream like a little kid in a tantrum because they don't get their own way - time for the US to grow up or face the consquence of it's unilateral actions back in 1999 and for training and abeting since 1995 terrorist actions of the KLA/UCK who were known to have links with other like minded muslim factions such as Al-Queda!!!!
john,
you mention that if there is no new resolution then 1244 won't stand either - your wrong the UNMIK mandate is due for renewal not the resolution reconfirming Serbia's territorial integrity. That means that UNMIK will possibly not be renewed and as such NATO troops will be on Serbian territory without a mandate - I guess UNMIK mandate it will be renewed unless of course NATO want to be an occupying force!!!
Resoultion will still stand, Serbia will have maintained territorial integrity and any unilateral action will always remain an ILLEGAL act - if the US wish to lose all credibilty that is their perogative however the Europeans are not going to follow without UN blessing!!!
(Princip, UK, 30 April 2007 15:41)
Raso, Princip -- It is not surprising that you don't know what R1244 is about. It regulates UNMIK's mandate and it has to be renewed annually. NATO is in Kosovo under the Kumanovo MIlitary Agreement (MIlosevic's de facto capitulation in Kosov). Under the Kumanovo agreement, you need permission from NATO, not from UN, to return to Kosovo. R1244 does not reconfirm Serbia's sovereignty, it just autorizes UNMIK to administrate Kosovo. Without it, UNMIK is illegal and Serbia cannot return without NATO permission. You get the picture, I think.
(john, 30 April 2007 16:24)
So let me get this straight: my government says it would best for Kosovo to become independent via a UN resolution, in which way the Serbs would institutionally and internationally be protected.
OK, I'm on board so far...
But then if a resolution is not passed and Kosovo unilaterally declares independence, the US will recognize it anyway?
Huh?
In essence, we would LIKE it to go one way, but we'll still accept it if it goes another, regardless of what the UN says? This is like a parent telling a child "don't run! But if you do run I won't mind".
And then we sit here all dumbfounded wondering why the world no longer respects us...
(Mike, 30 April 2007 16:47)
Serwer may be right. Ahtissari's plan is better than renewed ethnic cleansing and the establishment of a nationalistic Kosovar Albanian state. Nevertheless, the plan is still a raw deal for the Serbs and Serbia--basically, still, a win-lose outcome. Negotiators should not be striving for solutions that result in win-lose outcomes. I find that Kosovo Albanians could still make important concessions that could help Serbia and the Serbs save face--partition being one of them. The EU, the UN, and the US should be striving for an outcome that is not win-lose--as quickly as possible.
(jorge garcia, 30 April 2007 17:05)
Serbs generaly forget that for this last 10(ten) years, international community learned about albanians in general....Their informations fialy come first hand, and they (I hope) see that it is a nation with future which wants to learn and integrate finaly with other Europian Nations..Of course, albanians have their personal confusions and problems in turning their dreams into functioning reality, but they diserve a fair chance from the International Community, to show them and their neighbours that Albanians can finally take their future into their hands....When I write Albanians, please read Albanians in Balkans as a whole....We have paid the highest possible price for our confusion and inability to form a dissent functioning Albanian state, like our neighbours did long before us..We have paid the price this last 100 years, and now at the end, We diserve our place under the Europian (Balkan) Sun...Independent Kosovo, is just the natural development of the things in 2007...For the last 100 years we paid the price(I repeat), for being the wrong religion, for not having powerful friends, for our inability to present writely our cose...Now everyone in their write mind can see that we are not religiosely fanatical, unlike our neighbours..Serbs still see turks everywhere...They behave and think like in the begining of the 20th cen., when they fought the invader, but gt a bit caried away attacing everyone around, who was the wrong religion i.e of the invader(Turks)...Albanian religion(I am very proud to say) is albanianism, and I am very HAPPY that the Internationalcommunity can see that first hand, and disregard Serbian lies about Us...I am very much ashamed of my compatriots that get involved in human traficing, and other criminal activities, but for me this is another very important reason that we need a strong albanian goverment, Independent Kosovo, Succesfuly Integrated albanian populace in Macedonia, so we can do properly our duty of producing dissent albanians for our muttual continent...Independent kosovo is going to pass finaly the responsibility into Albanian hands, and we are going to integrate confidently with other peoples into the United Europe... Our ancent race, our language and culture finally deserves a fair chance under this sky....Serbs wake up, and help us to help you...
(Lupus, 30 April 2007 17:53)
I suggets you read it and weep - the UN resolution that the US UK and the rest of the UN SC at the time does reconfirm Serbi'as territorial integrity and neither is their mention of NATO but only UNMIK which is reneable - the resolution stands and can only be recinded if a new one is agreed i.e. 9 affirmatives and NO veto - good luck!!
I suggest you do some research and I have posted a link to the UN so you can read the resolution seeing as you clearly haven't.
[link] Of particular interest I think you would be interested in the following statement;
"Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2,"
regarding ALL member states that means all of the UN recognised nations - I guess you could say Kosovo & Metohija is a very special case as very few provinces have infact been affirmed by the UN and of course unless the US wished to ignore the UN - which it can under ILLEGAL pretexts - if no new UN resolution is agreed then Kosovo & Metohija in its ENTIRITY is Serbian Sovereign Territory as are the Serbian citizens who live in the territory!!!
(Princip,UK, 30 April 2007 17:54)
John you are wrong about the Kumanovo agreement. It is an interim document which presupposes that it will be superseded by a UNSC resolution i.e 1244 in Article 1 paragraph 1. I quote;
"Article I:
General Obligations
The Parties to this Agreement reaffirm the document presented by President Ahtisaari to President Milosevic and approved by the Serb Parliament and the Federal Government on June 3, 1999, to include deployment in Kosovo under UN auspices of effective international civil and security presences. The Parties further note that the UN Security Council is prepared to adopt a resolution, which has been introduced, regarding these presences."
You are also wrong about 1244. It clearly states the UNs position on page 2, paragraph 2
"Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2,"
and again in Annex 2, page 6, point 8
"A political process towards the establishment of an interim political framework agreement providing for substantial self-government for Kosovo, taking full account of the Rambouillet accords and the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other countries of the region, and the demilitarization of UCK. Negotiations between the parties for a settlement should not delay or disrupt the establishment of democratic self-governing institutions."
(Jack, 30 April 2007 18:52)
I know that political memory is short. But I wasn't shore that is that much.
This way od thinking remined me the Z-4 plan for Srpska Krajina. Which was including even own currency beside all other rights for security and education. After the rejection Serbian rights are in such low level (if is allowed to use this word) that I am sure that anybody who really cares about serbs is feeling sorry for that.
Rejecting the Ahtisari's plan means either that is not understood (read at all) or wish to have even more bed time for Kosovo Serbs.
It's a time to make the opinions based on reading the original documents and not only based on newspaper articles.
If anyone disagree with my opinion I will ask to remember this words ad leaset only till President Bush visit Albania on June the 10th.
(Maliq, 30 April 2007 19:00)
The worst thing about this whole scenario is that ultimately, whatever the Albanians and Kosovo Albanians think, neither they, nor Bosnia, Serbia or Montenegro will ever be a part of the EU. it's a christian catholic club. no outsiders allowed. be prepared to be paupers for many years to come. the Eu won't be coming to the rescue, and neither will the USA.
(PB, 30 April 2007 19:11)
Yugoslavian (not serbian)sovereignty is mentioned in the preamble in passing. Anyway, why do you think there is no mention of 'metohija' in it? Read the bullet points:
4. Confirms that after the withdrawal an agreed number of Yugoslav and
Serb military and police personnel will be permitted to return to Kosovo to
perform the functions in accordance with annex 2;
Did you read the words "agreed number"? Do you know what number will the US ever agree to? 0.5!
(john, 30 April 2007 19:25)
"Under the Kumanovo agreement, you need permission from NATO, not from UN, to return to Kosovo."(john, Monday, 30 April, 2007, 16:24)
Then why does that agreement make the following statement? Notice the term "without prejudice"...
"To establish a durable cessation of hostilities, under no circumstances shall any Forces of the FRY and the Republic of Serbia enter into, reenter, or remain within the territory of Kosovo or the Ground Safety Zone (GSZ) and the Air Safety Zone (ASZ) described in paragraph 3. Article I without the prior express consent of the international security force ("KFOR") commander. Local police will be allowed to remain in the GSZ.
The above paragraph is WTTHOUT PREJUDICE to the agreed return of FRY and Serbian personnel..."
[link]
Its interesting that 1244 mentions "sovereignty" 3 times, Rambouillet mentions it 4 times and "territorial integrity" 5 times. Both documents are also very specific on how VJ forces are to be deployed. Check it out.
"Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2"
"taking full account of the Rambouillet accords and the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other countries of the region"
"providing for substantial self-government for Kosovo, taking full account of the Rambouillet accords and the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other countries of the region"
"Return of personnel for the four functions specified above will be under the supervision of the international security presence and will be limited to a small agreed number (hundreds, not thousands)"
[link] "Recalling the commitment of the international community to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia"
"The national communities shall be legally equal as specified herein, and shall not use their additional rights to endanger the rights of other national communities or the rights of citizens, the sovereignty and territorial integrity of the Federal Republic of Yugoslavia…"
"Desiring through this interim Constitution to establish institutions of democratic self-government in Kosovo grounded in respect for the territorial integrity and sovereignty of the Federal Republic of Yugoslavia…"
"They also reaffirm the sovereignty and territorial integrity of the Federal Republic of Yugoslavia (FRY)."
"3. The Federal Republic of Yugoslavia has competence in Kosovo over the following areas, except as specified elsewhere in this Agreement:
(a) territorial integrity,
(b) maintaining a common market within the Federal Republic of Yugoslavia, which power shall be exercised in a manner that does not discriminate against Kosovo,
(c) monetary policy, (d) defense, (e) foreign policy,
(f) customs services, (g) federal taxation, (h) federal elections, and (i) other areas specified in this Agreement."
[link]
(Matthew, 30 April 2007 20:20)
John are you kidding me?
Who do you think is the successor to Yugoslavia? I'll give you a hint it starts with "Ser", and end with "bia". Unfortunately you don't want to admit when you are wrong. Anyhow, why do you think the US and Albanians NEED a new resolution to replace the old one (1244). Its because 1244 specifically states Kosovo is Serbian. If it wasn't under Serbian sovereignty they would have declared it independent by now. Doesn't take a rocket scientist to figure it out. Its written in plane English.
(Walt.Z, 30 April 2007 22:10)
John
Serbia is the successor to Yugoslavia as evinced by the fact that Serbia inherited the Yugoslavian seat at the UN rather than having to apply as a new member, so that is your first fallacy down the pan.
The USA does not own the territory of "Kosovo and Metohia"("Kosovo" being its common usage nomenclature internationally) and UNMIK will soon be handing off to the EU. These two facts combined mean that the US will have very little say in who can enter Kosovo and who can't. So that's your second fallacy in the dunnie(as they say in Oz.
(Jack, 30 April 2007 22:34)
Just to stay on point about the so called "protections" for the Serbs in Ahtisaari's proposal, I will show how those protections are not guaranteed in any way and can easily be repealed. While only half the seats in the assembly reserved for minorities go to Serbs, it takes a simple majority of that voting block to completely revise the following rights and “guarantees” for the Serbs:
“a. Laws changing municipal boundaries, establishing or abolishing municipalities, defining the scope of powers of municipalities and their participation in inter- municipal and cross-border relations;
b. Laws implementing the rights of Communities and their members, other than those set forth in the Constitution;
c. Laws on the use of language;
d. Laws on local elections;
e. Laws on the protection of cultural heritage;
f. Laws on religious freedom or on agreements with religious communities;
g. Laws on education;
h. Laws on the use of symbols (including Community symbols) and on public holidays."
(Matthew, 30 April 2007 23:26)
John, please, before you tell others how the world works...
the Kumanovo-agreement ( definitely not a de-facto capitulation, if you consider that NATO destroyed only 15 tanks in 78 days, and made an "agreement" with Yugoslavia, I mean you don´t make agreements with someone you just defeated, are you? :)
if it is that, what they are telling you in your media, then...just tell me whose media is "free"...
and since the Republic of Serbia is the successor-state of the former Yugaslav state, I would like to know, on which basis you are trying to construct any legal differences between those two states...it´s just nonsense, what you are writing on that matter!
please, all that is easily to check, even on the web, why don´t you do that???
(Jovan, 1 May 2007 01:50)
Shukri... I think you will find (when we are both gone) that the break up of the Balkans was a portent to the future break up of the EU superstate that is slowly begining to form.
Bosnia had different circumstances to Kosovo. Kosovo has been an integral part of Serbia for a considerable time... the KLA saw an opportunity to seek independance through the bullet... how would your landlord react if you started to break up his apartment? Ok, I may not agree with the way the Serbs tried to get the house in order... But the end result is that the 'western' international community has rewarded the KLA and colonists with a chance to run a country that they had no legal right to.
Remember what I said... Serbia will lose it... it is just criminal the way that the 'western' international community has gone about it.
(Wil, 1 May 2007 10:52)