Belgrade, Feb 17
ADDRESS BY THE PRESIDENT OF SERBIA TO THE SECRETARY-GENERAL OF THE
UNITED NATIONS BAN KI-MOON
Excellency,
The Provisional Institutions of Self-Government of our southern province
of Kosovo and Metohija, currently under the interim administration of
the United Nations, have unilaterally declared independence from the
Republic of Serbia, in clear violation of Security Council Resolution
1244 (1999).
I ask you to recall that Security Council Resolution 1244 (1999)
explicitly reaffirms the sovereignty and territorial integrity of the
Republic of Serbia, which by a plain reading of its text unambiguously
includes Kosovo and Metohija. This Resolution further defines the
principles by which the issue of Kosovo and Metohija is to be resolved,
one of which is defined as a “political process towards the
establishment of an interim political framework agreement providing for
substantial self-government in Kosovo, taking full account of the
Rambouillet accords and the principle of sovereignty and territorial
integrity of the Federal Republic of Yugoslavia” (emphasis added). It is
thus clear that the future status of Kosovo and Metohija, according to
Resolution 1244 (1999), can only be reached by an agreement of both
sides, and that it must ensure substantial self-government for the
province of Kosovo and Metohija within the sovereign framework of the
Republic of Serbia, as the sole successor to the Federal Republic of
Yugoslavia. Any such solution would, moreover, have to be approved by
the Security Council. In light of the above, it is evident that the
secessionist move by the Assembly of Kosovo is an attempt to bypass the
Security Council and unilaterally impose a solution, in violation of
said Resolution.
In the wake of this illegal attempt to establish a fait accompli, the
Republic of Serbia has adopted a Decision to abrogate the unilateral
secessionist acts and activities of the Provisional Institutions of
Self-Government of Kosovo and Metohija and their infringement of the
Republic of Serbia’s sovereignty and territorial integrity. This
Decision is based on a prima facia reading of the Constitution of the
Republic of Serbia, the Charter of the United Nations, Security Council
Resolution 1244 (1999), as well as other Security Council resolutions,
and other documents of international law. The Decision reads in part,
“these acts represent a forceful and unilateral secession of a part of
the territory of the Republic of Serbia, and therefore are null 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 constitute legal violence
against the Republic of Serbia and violence against international law.
Ban Ki-Moon
Secretary-General
United Nations
N e w Y o r k
The Republic of Serbia reaffirms by this Decision that the Autonomous
Province of Kosovo and Metohija is an inalienable part of the integral
and indivisible constitutional and legal state framework of the Republic
of Serbia, on the basis of the Constitution of the Republic of Serbia
and the Charter of the United Nations.
The Republic of Serbia demands that the Special Representative of the
Secretary General take all necessary measures, in accordance with
Resolution 1244 (1999) and other Security Council decisions, as he has
on previous occasions, to abrogate, without delay, all acts and actions
by which unilateral independence has been declared, as well as prevent
any further violation of said Resolution, and all other Security Council
documents, the UN Charter, and all other existing norms and regulations
of international law. I, therefore, call upon you to ensure that your
Special Representative in Kosovo exercise his powers and
responsibilities by immediately declaring this illegal act null and
void. I also expect him to act pursuant to the Constitutional Framework
for Provisional Self-Government in Kosovo (UNMIK/REG/2001/9 of 15 May
2001, para 8.1 b)) and dissolve the Assembly of Kosovo, since its
“declaration of independence” is not in conformity with Security Council
Resolution 1244 (1999).
By the said Decision, the Republic of Serbia also requests that the
Security Council declare this unilateral act of the Assembly of Kosovo
legally invalid. We insist that the Security Council fully protect the
sovereignty and territorial integrity of the Republic of Serbia, as is
called for in the UN Charter. We also rightfully expect the Security
Council to take urgent and effective action to ensure that all
provisions of Resolution 1244 (1999) are fully respected.
The Republic of Serbia demands that in securing the implementation of
its own Resolution, the Security Council call for the continuation of
the political process leading towards a solution of the issue of Kosovo
and Metohija. The Republic of Serbia reiterates its willingness to
remain to be engaged actively and constructively in a new process of
negotiations so that an agreement on the future status of Kosovo and
Metohija based on the principles laid down in Security Council
Resolution 1244 (1999) may be reached at the earliest opportunity.
The Republic of Serbia firmly believes that the Security Council will
unambiguously reconfirm that the fundamental principles of the Charter
of the United Nations and international law have universal validity and
that its Resolutions must be respected, for only by so doing, will the
system of international security based on these precepts be preserved.
Otherwise, a dangerous precedent allowing for the unilateral secession
of a breakaway region, province or administrative entity from any UN
member-state, would be established.
Finally, the Republic of Serbia demands that all Members States of
United Nations fully respect the sovereignty and territorial integrity
of the Republic of Serbia, in accordance with their obligations under
international law, the UN Charter, and Security Council Resolution 1244
(1999), and thereby reject the so-called independence of the Republic of
Serbia’s southern province of Kosovo and Metohija.
Please accept, Excellency, the assurances of our highest consideration.
President of the Republic of Serbia
Boris Tadić
Public Diplomacy <http://www.mfa.gov.yu/Pressframe.htm>
Serbian News Network - SNN
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