>From: "Jon Corlett" <[EMAIL PROTECTED]>
FEDERAL REPUBLIC OF YUGOSLAVIA
>
>
>MEMORANDUM
>OF THE GOVERNMENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA ON THE
>IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1244 (1999)
>
>
>I COMMUNICATIONS ADDRESSED BY THE GOVERNMENT OF THE FR OF YUGOSLAVIA TO THE
>UN SECURITY COUNCIL, UN SECRETARY-GENERAL,
>KFOR, UNMIK AND OTHER INTERNATIONAL ORGANIZATIONS
>
>1. Persistent warnings to the violations of UN SC resolution 1244 (1999)
>
>Since the adoption of UN SC resolution 1244 (1999) and the establishment
>of international security (KFOR) and civilian (UNMIK) presences in Kosovo
>and Metohija, under the auspices of the United Nations, the Government of
>the FR of Yugoslavia has continuously warned the responsible
>representatives of the UN, above all the Security Council, to the drastic
>violation of key provisions of the Resolution and insisted that all
>measures from its competencies be undertaken with a view to its consistent
>implementation.
>
>- Memorandums of the Government of the FR of Yugoslavia: By its
>Memorandums of 27 July and 4 November 1999, containing examples described
>in detail of flagrant violations of UN SC resolution 1244 (1999) and its
>related documents, the Yugoslav Government warned the Security Council of
>the worrisome developments in Kosovo and Metohija since the deployment of
>KFOR and UNMIK in the southern Serb Province.
>
>On the basis of clear examples on the failures, i.e. on illegal conduct
>and direct violations of the key provisions of the Resolution and its
>related documents by KFOR and UNMIK, the Government of the FR of Yugoslavia
>demanded the Security Council, as an organ with primary responsibility, to
>undertake energetic and immediate measures towards strict implementation of
>UN SC resolution 1244 (1999) and the Military Technical Agreement (MTA), in
>order to put an end to dramatic deterioration of the situation, to ensure
>the normalization of security situation, as well as full safety of person
>and property of the entire population in the Province.
>
>- The Government of the FR of Yugoslavia, in more than its 50
>communications to the Security Council, continuously pointed to the drastic
>examples of non-compliance with or gross violations of the mandate of KFOR
>and UNMIK, particularly related to the violation of the sovereignty and
>territorial integrity of the FR of Yugoslavia in Kosovo and Metohija, as
>well as to the continuation of terror, ethnic cleansing and genocide of
>Albanian terrorists and separatists against the Serbs, Montenegrins, Roma,
>Turks, Goranci and other non-Albanian population in the Province.
>
>- Through its Committee for Cooperation with the UN Mission in Pristina,
>the Yugoslav Government has forwarded more than 100 letters, protests and
>demands to the head of UNMIK and KFOR commander, in connection with the
>implementation of their mandate, clearly established by UN SC resolution
>1244 (1999).
>
>2. Passive attitude of UN SC and other bodies of international community
>
>- Despite its clear obligations arising from UN SC resolution 1244 (1999)
>and its related documents, the Security Council has failed so far to
>undertake the measures to ensure its strict implementation seriously
>undermining the authority of the United Nations and thus eroding the
>credibility in genuine readiness of the world Organization to live up to
>its obligations.
>
>- In view of the continuous and dramatic deterioration of the situation
>and drastic violations of fundamental human rights, as well as of
>destruction of historical and cultural monuments, constituting an integral
>part of the world cultural heritage, the Government of the FR of Yugoslavia
>has informed timely and in a well-documented way other international
>organizations engaged in Kosovo and Metohija (UNHCR, UNHCHR, UNESCO, ICRC,
>OSCE, EU, Council of Europe, etc.) about the continued worsening of the
>situation in the Province and demanded that they fulfil their share of
>responsibility in accordance with SC resolution 1244 (1999) and other
>relevant international legal instruments within their field of activity.
>
>II SYSTEMATIC VIOLATIONS OF UN SECURITY COUNCIL RESOLUTION 1244 (1999) AND
>MILITARY TECHNICAL AGREEMENT
>
>1. Systematic violation of the sovereignty and territorial integrity of the
>FR of Yugoslavia and the mandate of UN Security Council
>
>a) UN SC resolution 1244 (1999) unambiguously confirms the sovereignty and
>territorial integrity of the FR of Yugoslavia in Kosovo and Metohija
>(preambular para 10; subpara 8, Annex 2)
>
>- Decisions of UNMIK and KFOR: Regulations of UN Secretary General Special
>Representative and head of UNMIK B. Kouchner lack basis in the resolution
>and are aimed at severing all ties between Kosovo and Metohija and the
>Republic of Serbia and the FR of Yugoslavia, i.e. totally separating the
>Province from the constitutional, legal, economic, monetary, financial,
>banking, customs, visa, administrative and other systems of the FR of
>Yugoslavia and the Republic of Serbia.
>
>- Regulations and decisions of the UN SG Special Representative for Kosovo
>and Metohija B. Kouchner, systematically and directly undermine the State
>sovereignty of the FRY in Kosovo and Metohija as a basic principle
>guaranteed by SC resolution 1244 (1999) and bring into question the legal
>basis and attributes of statehood of the State of Serbia and the FR of
>Yugoslavia, in the southern Serb Province, as an integral part of the
>sovereign territory of the Republic of Serbia and of the FR of Yugoslavia.
>
>- Special Representative Kouchner has, without consulting legal
>representatives of the Republic of Serbia and the FR of Yugoslavia,
>illegally established the so-called Interim Administration Council, de
>facto Provincial "Government", composed exclusively of Albanians, mostly
>from the ranks of the terrorist so-called KLA and separatist Albanian
>political parties, which represent an attempt of legalizing ethnic
>supremacy of Albanians, with a view to creating an ethnically pure Kosovo
>and Metohija.
>
>- The developments in the Province unambiguously confirm that the claims
>of the Government of the FR of Yugoslavia to the effect that the UNMIK
>decision on the transformation of the terrorist KLA in an alleged civilian
>organization - "Kosovo Protection Corps" are justified. This decision is
>not only illegal as it lacks basis whatsoever in SC resolution 1244 (1999)
>and its related documents. It is also one of the main generators of
>exacerbating the situation and the crisis in the Province. The attack of
>well-armed members of the so-called Kosovo Protection Corps on a patrol of
>the Republican Ministry of the Interior near Bujanovac, outside the
>administrative area of Kosovo and Metohija, unambiguously confirms that the
>so-called Kosovo Protection Corps is not any "civilian" creation - its
>members are re-cycled terrorists of the so-called KLA, whose combat
>structure and command personnel have been fully kept, creating a core of a
>future Albanian army in Kosovo and Metohija, as has been publicly pointed
>out by its "commander", notorious terrorist A. Cheku.
>
>In that connection, the Government of the FR of Yugoslavia recalls to its
>clear position presented in a letter to the President of the Security
>Council of 22 September 1999, stating that failure to demilitarize the
>so-called KLA and the establishment of the "Kosovo Protection Corps" was a
>farce and a manipulation.
>
>- Building of military bases: The Government of the FR of Yugoslavia most
>energetically opposes the building of military bases of KFOR in a part of
>its sovereign territory, without its approval. It represents the most
>flagrant violation of its sovereignty and provisions of UN SC resolution
>1244 (1999), as well as the existing laws of the Republic of Serbia and the
>FR of Yugoslavia. The building of foreign bases without the approval of the
>receiving State is contrary to the character and spirit of peace missions
>under the auspices of the United Nations and represents a dangerous
>precedent, contrary to the fundamental principles and purposes of the
>United Nations.
>
>- Military exercises of NATO/KFOR: Possible military exercises of NATO and
>KFOR in the Province, which are according to the international media due in
>March, represent the most flagrant threat to the territorial integrity and
>sovereignty of the FR of Yugoslavia and is in the function of direct
>support to the Albanian separatism and terrorism. Such provocative conduct
>on the part of KFOR represents a factor of serious destabilization of the
>region and directly threatens peace and stability in Europe.
>
>UN Security Council is obliged to prevent any act of violation of UN SC
>resolution 1244 (1999) and to eliminate a source of instability in the
>region.
>
>- Representation of some countries: Tolerating the establishment of
>foreign missions in the Province, without consultations and approval of the
>Government of the FR of Yugoslavia, represents a gross violation of the
>principle of the sovereignty and territorial integrity of the FR of
>Yugoslavia. In line with that, Kouchner's draft regulation on "immunities
>and privileges of the liaison offices of foreign Governments in Kosovo" is
>totally unacceptable, since it grossly violates the principles of the UN
>Charter, provisions of the Vienna Conventions on diplomatic and consular
>relations and the Convention on the Privileges and Immunities of the United
>Nations as well as prevailing international practice.
>
>- The sovereignty and territorial integrity of the FR of Yugoslavia are
>inviolable: overall conduct, decisions of KFOR and UNMIK particularly of
>the UN SG Special Representative and head of UNMIK B. Kouchner,
>disregarding or violating the principle of sovereignty and territorial
>integrity of the FR of Yugoslavia, as well as all measures, acting and
>failing to act, contrary to the UN SC resolution 1244 (1999) or MTA, or
>represent an attempt at their revision, the FR of Yugoslavia considers
>illegal and they cannot have any legal effect or be binding on the FR of
>Yugoslavia or its organs in any way.
>
>The FR of Yugoslavia warns that it has never ceded or intends to cede the
>sovereignty over any part of its territory and resolutely rejects the
>tactics of manipulating or diverting the attention from the alliance of
>UNMIK and KFOR with the terrorist so-called KLA. It particularly refuses
>all moves in line with fait accompli acts.
>
>2. Massive violations of human rights
>Terror and violence : Albanian terror and violence, ethnic cleansing and
>genocide against non-Albanian population, above all the Serbs and
>Montenegrins, but also Roma, Muslims, Turks, Goranci and others,
>destruction of their homes, usurpation and destruction of private and
>State-owned property, rampant crime and chaos in the Province, continue
>despite the presence of almost 50,000 armed members of KFOR and around
>2,200 UNMIK policemen. That speaks convincingly that KFOR and UNMIK do not
>fulfil their basic obligations arising from their mandate, particularly in
>terms of guaranteeing full personal and property security and safety of all
>citizens in the Province, above all the Serbs and Montenegrins, who have
>been exposed to systematic ethnic cleansing, terror, killings and
>abductions.
>
>The Government of the FR of Yugoslavia insists that KFOR and UNMIK fulfil
>without delay all their obligations and create as soon as possible the
>conditions for a safe return of all expelled persons to Kosovo and Metohija.
>
>Ethnic cleansing: Since the deployment of KFOR and UNMIK, more than
>350,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and other
>non-Albanians were forcibly driven out of the Province. Terrorists are
>increasingly targeting Albanians, loyal citizens of the Republic of Serbia
>and the FR of Yugoslavia, who refused to obey the demands of Albanian
>terrorists and criminals.
>
>- It is worrying that during the course of last week only an additional
>more than 16,000 Serbs, Montenegrins, Roma, Muslims, Turks, Goranci and
>other non-Albanians were driven out of the Province.
>
>The latest instances of intimidation of Serbs in Kosovska Mitrovica, in
>which KFOR directly played a part, are yet another example of the policy of
>pressure brought to bear on Serbs, which proves to work, with a view to
>completing the ethnic cleansing of the Province.
>
>- Terrorism: In the period from 12 June 1999 through 27 February 2000,
>there was a total of 4,354 terrorist attacks (4,121 against Serbs and
>Montenegrins); 910 persons (811 Serbs and Montenegrins) were killed; 802
>(751 Serbs and Montenegrins) were wounded; and 821 (757 Serbs and
>Montenegrins) were abducted. More than 50,000 homes, mostly those belonging
>to Serbs, Montenegrins and Roma, were destroyed, burned down or severely
>damaged.
>
>- The latest serious crimes: Those which were particularly gruesome and
>which stuck out by their motive were the following: the shelling of the
>Serbian village of Gora�devac (on 7 January); the brutal murders of the
>Muslim Skenderi family of four in Prizren (on 11 January); the murders of
>three Serbs who returned to the village Pasjane (on 16 January); the rape
>and murder of an 11-year old Albanian girl from Vitina by a KFOR soldier
>(on 11 January); a RPG attack on a UNHCR bus (on 2 February) in which two
>Serbs died and several other sustained injuries; a hand grenade attack on
>the cafe "Belamy" in Kosovska Mitrovica (on 3 February) injuring 30 Serbs,
>8 of them seriously; armed attacks against the Serbian villages of Banje,
>Svinjare and Suvo Grlo (on 5 February), Lipljan and Bresje (on 7 February);
>tearing down of the memorial to the Serbian hero Milos Obili? in a small
>town also called Obili? (on 7 February); the murder of doctor Josif Vasi?
>and wounding of doctor Vjenceslav Grozdanovi? from Gnjilane (on 26
>February).
>
>- Terrorists attacks outside the Province: In the belief that the
>destabilization of the situation on the widest possible territory
>facilitates the achievement of their separatist goals, Albanian terrorists
>are increasingly launching attacks on civilians and law enforcement
>officials outside the administrative boundaries of the Province. The most
>recent instance of spilling over terrorism beyond Kosovo and Metohija is
>the attack against a Serbian police patrol on road between Bujanovac and
>Gnjilane, on 26 February 2000. Police major Slavisa Dimitrijevi? was killed
>in the attack and three other police officers were hurt. One of the
>attacking terrorists by the name Fatmir Ibisi got killed. He was a member
>of the so-called Kosovo Protection Corps (KPC), which is a clear indication
>that the so-called KPC has continued to act as a legalized so-called KLA.
>
>- "Labour camps" for Serbs: The prisons, run by the terrorist so-called
>KLA throughout Kosovo and Metohija, house several hundred abducted Serbian
>civilians, who have been placed in "labour camps" controlled by the
>so-called KLA. The abductees have been subjected to extremely cruel and
>inhuman treatment in these "labour camps" located in the village of
>Mati?ane, 15 kilometres away from Pristina, as well as in the village of
>Dusanovo near Prizren and in Drenica. Access to these people is strictly
>forbidden, even by ICRC representatives.
>
>Additionally, another some 350 Serbs, who have been abducted in Kosovo and
>Metohija, are now in the Republic of Albania.
>
>The international forces in Kosovo and Metohija are aware of the existence
>of such prisons for the abducted Serbs, but no steps or actions have been
>taken to get them released. All this, despite the fact that it represents
>the most inhuman violation of individual human rights and freedoms.
>
>- Destruction of cultural and historic sites: The genocidal crusade
>against Orthodox Christianity, holy places and memorials at the time when a
>thousand years of Christianity is observed, resulted in the destruction,
>burning or extensive damage to 84 churches and monasteries. The burning and
>destruction of the churches, monasteries and cultural and historic sites
>are also aimed at wiping out the historic traces of Serbian spirituality
>and statehood, all serving the purpose of denying the State sovereignty and
>territorial integrity of the Federal Republic of Yugoslavia over Kosovo and
>Metohija, in outright violation of UN Security Council resolution 1244
>(1999) and its related documents.
>
>- Discrimination against Serbs and a cultural and spiritual genocide of
>Serbs is particularly manifest through the closure of universities,
>schools, theatres and media outlets in Serbian language on the pretext of
>alleged efforts to keep the multi-ethnic, multi-cultural and
>multi-religious structures in the Province. The fact that this is done
>where the Serbs have managed to live in larger numbers clearly shows that
>KFOR and UNMIK directly encourage the aspirations of Kosovo Albanian
>terrorists towards breaking apart the ethnically solid Serbian communities,
>and that they openly pressurize Serbs into leaving their ancestral homes.
>
>- The policy of double standards applied by UNMIK has deprived not only
>Serbs but also Roma, Muslims, Turks and Goranci of their jobs in favour of
>Albanians, constituting a gross violation of the principle of equality and
>multi-ethnicity.
>
>- KFOR and UNMIK bear sole responsibility for massive violation of human
>rights in the Province, for lawlessness, chaos and breaches of the
>provisions of Security Council resolution 1244 (1999), relating to the
>preservation of the multi-ethnic, multi-confessional and multi-cultural
>character of the Province, by becoming outright accessory to ethnic
>cleansing and genocide.
>
>3. Disarming of the terrorist so-called KLA
>
>- Daily terrorization, violence, killings and destruction of Serbian homes
>and settlements, cafes and other places frequented by Serbs in massive
>numbers in those remaining Serbian enclaves, as well as attacks on
>civilians and Yugoslav security forces beyond the boundaries of the
>Province, with the use of heavy ordnance even, all testify to the fact that
>the terrorist so-called KLA has not been disarmed.
>
>- Leaders of these terrorist/separatist formations, Hashim Thaqi, Agim
>Cheku and others, make no bones that one of their separatist aims is to
>establish an Albanian army in Kosovo and Metohija with the so-called KPC as
>its core, meaning nothing else that it would be a "transformed" terrorist
>so-called KLA.
>
>The Government of the FR of Yugoslavia recalls once again its position,
>expressed in the letter of 22 September 1999 to the President of the
>Security Council, that purported transformation of the terrorist so-called
>KLA into the so-called "Kosovo Protection Corps" was a sham and a
>manipulation, so as to avoid the obligation of a genuine demilitarization
>and disarming of this illegal terrorist organization, a fact increasingly
>openly admitted even by the biased media and some Western politicians.
>
>- KFOR and UNMIK, in particular Bernard Kouchner, bear full responsibility
>that the so-called KLA has not yet been disarmed, and that with their
>blessing, an illegal Albanian armed formation was created, composed mostly
>of proven Albanian but also of international terrorists recruited in
>neighbouring and other States known for sponsoring international terrorism.
>
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