BRIEF TO THE FACT-FINDING DELEGATION OF THE UN SECURITY COUNCIL

UNSCR 1244 & THE STATE OF AFFAIRS IN THE PROVINCE OF KOSOVO

INTRODUCTION: We, as field officers of the United Nations Interim Administration Mission in Kosovo (UNMIK), coming from different national and professional backgrounds, and working in different units of the Mission over the past 8 years, are deeply concerned by the divide that exists between our firsthand knowledge of the situation on the ground in Kosovo, and the rosy picture of the overall situation that is officially presented by top UNMIK officials. Our only motivation in presenting to the Members of the Security Councils fact-finding delegation this brief on Kosovo (especially in relation to the mandate of UNSC 1244), is to point out to decision makers the real picture on the ground, which, if continuing to develop in the manner that it is without dramatic change, will threaten regional stability. A Resolution on Kosovo passed on the basis of such rosy reports would be an irresponsible act and not guarantee a sustainable and peaceful outcome of the issue.

SECURITY: UNSC Resolution 1244 in Article 9(b) explicitly demanded the immediate demilitarization of the Kosovo Liberation Army (KLA or UCK in Albanian) and other armed Kosovo Albanian groups. This demand was further emphasized in Article 15. Facts: The KLA was never demilitarized. The KLA was supposed to be transformed into a civilian protection corps, the so-called Kosovo Protection Corps (KPC or TMK in Albanian). The TMK retained the uniform and insignia of the KLA and simply changed the acronym UCK to TMK. The TMK has maintained a military structure of command. The TMK has taken over every barracks and office of the Federal Army of Yugoslavia (now, Serbian Army). The TMK has armed personnel and is known to have important caches of arms, including heavy weaponry.

The TMK has been known to participate in terrorist activities, notably the smuggling of weapons, intimidation of non-Albanians, attacks against non-Albanians (attempted mining of a train transporting Serbs in North Kosovo, 2003 among other acts). The KLA after June 10, 1999, carried out a systematic campaign of ethnic cleansing against Serbs and other non-Albanians. The KLA after June 10, 1999, carried out the looting, destruction and usurpation of more than 40,000 properties belonging to Serbs and other non-Albanians. The KLA after June 10, 1999, instituted a campaign of terror, targeting all the towns and cities of Kosovo in order to empty them of their Serb and non-Albanian population. The KLA adopted a two-prong approach of attacking vulnerable persons on the one hand and notables, intellectuals and other community leaders on the other. This explains the large number of disappeared doctors, teachers and professors among the Serbian community in the major towns. According to the Office of Missing Persons and Forensics (OMPF) and the ICRC, more than 1000 Serbs and other non-Albanian have gone missing since 1998-1999. To date, only 253 bodies have been recovered, identified and returned to their families. No one has been found guilty for the commission of these crimes. The KLA has orchestrated the destruction of more than 150 Serbian Orthodox Churches and Monasteries in peacetime (some irreplaceable heritage sites of the Middle Ages) while others must remain under 24hr. KFOR protection. According to the UNCHR, there are currently 220,000 Serbian and other non-Albanian IDPs from Kosovo. This ethnic cleansing has never been reversed. The KLA structures after June 10, 1999, assumed positions of power at all levels of Kosovo society. They are active to this day and have never been challenged. Some of these structures have transformed into criminal structures, carrying out organized crime activities of drugs and weapons trafficking and prostitution. They are the real power in Kosovo and many of their leaders are now political leaders at all levels, including Prime Minister and other ministerial offices. UNMIK, in direct violation of the spirit and letter of UNSCR 1244, has openly cooperated with these leaders. This has meant the effective blockage of any move toward a society of rule of law.

RETURNS: Article 9(c) of the UNSC Resolution 1244 states that international security presence shall have the mandate to establish a secure environment in which refugees and IDPs can return home in safety. Article 11(k) establishes the international communitys obligation to assure the safe and unimpeded return of all refugees and IDPs in Kosovo. Facts: This safe and secure environment for a sustainable return has never been implemented. More than 220,000 Serbs and other non-Albanians remain in displacement.

UNHCR reports 16,000 returns since 1999, of which only 5-6,000 are Serbs; but this does not take into account the continued emigration Of these above cited returns, only a handful of Serbs have returned to towns, which had substantial a Serbian population but now have virtually none Statistics: Serb Population in Major Towns in Kosovo Pristina/Prishtine Pec/Peje Gnjilane/Gjilane Urosevac/Ferizaj Prizren 1999 20,070 9,100 8,000 5,300 8,300 2007 86 5 15 0 2

Many of the remaining Serbs, Gorani, Turks, Roma, based on our field knowledge, are pondering departure under present conditions, and will certainly leave should Kosovo gain independence. The obstacles to return have been: Continued existence of terror networks linked to the KLA Almost complete impunity for criminal acts and organized crime activities, especially committed against non-Albanians Poorly competent Kosovo Police Service (KPS) that has a low capacity to solve or prevent crimes A majority Albanian community that, since the 1990s, lives in a culture that promotes intolerance, with little or no moral obligation toward non-Albanians A discriminatory privatization scheme that has deprived countless Serb, Roma and Gorani workers of compensation An overall economic, security and social collapse not appropriate for reintegration of returnees Petty discrimination toward Serbs and other non-Albanians at the level of local officials

PROVIDING CONDITIONS OF A PEACEFUL & NORMAL LIFE: Article 10 of the UNSCR 1244 calls for the establishment of, an international civil presence in Kosovo in order to provide an interim administration for Kosovo under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia (now Serbia), and which will provide transitional administration while establishing and overseeing the development of provisional democratic selfgoverning institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo; Facts: Serb, Roma, Gorani and Turkish inhabitants of Kosovo in general do not enjoy conditions of a peaceful and normal life.

Freedom of movement, although slightly improved, remains limited 8 years after 1999 and subject to the will of those who wield real power in the shadows of Albanian society. Many Serbs continue to require escorts for transportation. Most Serbs remain confined to their enclave, traveling only by necessity to other enclaves, and to a more limited extent, to the center of only certain towns (ie, Gnjilane/Gjilan, Pristina/Prishtine, Pec/Peje) and to Serbia proper. Many Serbs, almost exclusively confined to rural areas, have had no access to their forest or agricultural land for the last 8 years because of fear. There remains a generalized fear for security and especially of discrimination by all levels of local institutions dominated by the Albanian majority.

VIOLATIONS OF UNSCR 1244 WITH REGARDS TO SOVEREIGNTY: UNSCR 1244 in both the Preamble and in Article 10 reaffirms the sovereignty of the Federal Republic of Yugoslavia (now, Serbia) Facts: UNMIK, from the very start, violated the letter and spirit of this article and UNSCR 1244 in general in the following manner: Immediate introduction in 1999 of a new currency Immediate introduction of a customs service. Immediate introduction of new license plates. Immediate introduction of new ID cards. Immediate introduction of new travel documents. No permission for the limited return of Serbian military and police personnel as per Article 4 of UNSCR 1244. Allowing the full and unimpeded display of the flag of the Republic of Albania on most public institutions. From the very start, having no effective cooperation or partnership with the Republic of Serbia in addressing in issues in Kosovo in accordance with the recognition of the territorial integrity of the FRY (now Serbia). Passing a discriminatory privatization Regulation that systematically disqualified almost the entire Serbian, Gorani, Roma, Turkish, Bosnijak population from compensation rights. (refer to Article 10 of UNMIK Regulation. 2003/13, amended by UNMIK Administrative Directive 2006/17) Carrying out privatization which did not respect the privatization of companies that had already taken place under the auspices of the FRY (now Serbia).

HUMAN RIGHTS: UNSCR 1244 imposed as a main responsibility of the international civil presence in Article 11(j) protecting and promoting human rights. However the basic respect of human

rights to enable all residents of Kosovo to live in conditions of peace and have a normal life do not exist. Facts: Language rights are generally not respected in Kosovo. In every Ministry in the PISG, in all departments within the KPS, signs are exclusively in Albanian only or with some English. Courts regularly violate the obligation to provide documents to clients in the Serbian language. Signs placed on public institutions (such as bus stations, banks, sports stadiums etc) are almost exclusively in Albanian. The use of the Serbian language in public is severely limited by fear and intimidation. The message seems clear: only Albanian is a public and accepted language. Freedom of movement is limited for many communities. Serbian farmers and monks all over Kosovo have no or limited access to their agricultural land for the last 8 years. Escorts must still be provided for Serbs living in western and southern Kosovo. Access to towns is limited if impossible for large numbers of Serbs. In response to this, UNMIK has promoted the establishment of Court Liaison Offices and Police SubStations in non-Albanian enclaves, thereby indirectly solidifying the segregation of Serbs and other non-Albanians, rather than constructing a sustainable multi-ethnic society The PISG has carried out a systematic revision of the history and cultural landscape of Kosovo, attempting to erase the Serbian cultural heritage. Names of historic towns and villages have been changed: Novo Brdo/Novoberde to Artana, Kosovska Kamenica/e to Dardania, Leposavic/Leposaviq to Albanik, Obilic/q to Kastriot, Suva Reka/Suhareke to Theranda etc. The Ministry of Culture, Youth and Sport have published brochures and an internet site in which Serbian heritage is virtually eliminated or made to seem as if it belonged to Albanian or another culture. The judicial system is corrupt and dysfunctional, especially in regards to protection of the rights of Serb property owners. Criminal sentencing is often lenient or inadequate, especially when it comes to the few cases involving serious crimes against Serbs or non-Albanians brought to court. The right to property is not fully respected. Tens of thousands of Serbs and other nonAlbanians have been waiting 7 years or more to reclaim their usurped property. Often, when illegal occupants are evicted, they return to the property and no further action is taken against them. Serbs who insist on claiming their property have been the victims of violence and attacks (ie., Pavlovic murder in Klina/e, attack on Radosavljevic family in Klina/e and many more documented cases). No arrests have been made for the attacks that have taken place so far thus leaving a general feeling of impunity. The Kosovo Police Service (KPS) generally functions poorly. Not one major crime committed against Serbs and non-Albanians has been solved: (ie., Staro Gracko Massacre, Nis Express Bombing, Gorazdevac killings, Stolic murder, grenade attacks against the Visoki Decani Monastery, many other murders and serious assaults).

KPS often follow a static and rigid form of policing with limited investigative capacities. In many cases, KPS is unable or unwilling to carry out investigations. Most Serbs and non-Albanians, especially following the performance of the KPS during the March riots of 2004, have no trust in this police force. 18 Police sub-stations have been set up ostensibly to provide additional security guarantees for minorities as a Priority Standard. In reality, the sub-stations are poorly equipped & staffed, with very limited authority and ability to act in the field, and often ignored or abandoned by the relevant KPS station commanders.

FAILURE OF COOPERATION WITH THE ICTY: Facts: The Preamble to the UNSCR 1244 explicitly reaffirms the jurisdiction and mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY). However UNMIK has violated this obligation by carrying out obstruction of the work of ICTY prosecutors with regards to prosecution of alleged Kosovo Albanian war criminals. The Provisional Institutions of Self Government have provided no cooperation in investigation alleged war crimes against non-Albanians or assisting in locating missing non-Albanians. UNMIK has consistently failed in providing adequate witness protection to potential witnesses resulting in a number of verified killings of witnesses. The recent statement of two UNMIK international prosecutors who claimed to have been pressured by top UNMIK officials with regards to the Ramush Haradinaj case attests to this obstruction. This same obstruction could be garnered from testimony by former International Prosecutor in Kosovo (now Judge) Mrs. Renate Winter Two SRSGs openly provided public support to an indicted war criminal, the aforementioned Mr. Haradinaj. This support was extended to other ex-members of the KLA, who were alleged to have committed war crimes. Several senior CIVPOL officers have also testified as to the obstruction they faced from top UNMIK officials when attempting to conduct police investigations into senior ex-KLA members.

CONCLUSION:
The care of human life and happiness, and not their destruction, is the first and only object of good government. Thomas Jefferson

We are intimately aware that basic standards, contrary to official reports, have not been fulfilled or only appear to have been fulfilled on the surface. Human rights, especially the rights of Serbs and other non-Albanians, are not institutionally protected or guaranteed, but entirely depend instead on the will of nebulous networks of organized criminals and

warlords who wield actual power in the Albanian majority. These powerful networks are behind much of the organized crime and paramilitary activity in Kosovo and have also been behind much of the ethnic violence directed at Serbs and non-Albanians. Present-day Kosovo is an ethnically cleansed and plundered province. Rule of law is weak and the ensuing form of anarchy can literally be seen in the new landscape of wild construction everywhere. In conclusion, we would like to direct the fact-finding delegations attention to a curious fact, which sadly symbolizes this place and summarizes our feelings: there is an enormous picture of an armed, bearded, combatuniformed KLA leader on the main Pristina sports and youth center just across the street from UN MHQ, and it has been there since at least 2000. The presence of this picture at the heart of Pristina and across the street from UN HQ represents in many ways the irony of a UN Mission meant to implement UNSCR 1244 for the benefit of all residents of the Province of Kosovo, but in reality compromised itself from the start by acting to the benefit of only the Albanian community; and this by bowing to the dictates of extremists and warlords as represented in that picture on the sports stadium.

Thank you and best regards.

Signed: Concerned UNMIK field staff.