United Nations S/2000/538 Security Council Distr.: General 6 June 2000 Original: English
[The annexes, containing information relating to the consolidated budget, the establishment of military liaison officers in UNMIK and UNMIK Police, have been omitted.]
1. The present report is submitted pursuant to Security Council resolution 1244 (1999) of 10 June 1999, by which the Council decided to establish the United Nations Interim Administration Mission in Kosovo (UNMIK) for an initial period of 12 months. In paragraph 20 of that resolution, the Council requested me to report at regular intervals on the implementation of the mandate of UNMIK. The current report covers the activities of UNMIK and developments in Kosovo, Federal Republic of Yugoslavia, from my previous report, dated 3 March 2000 (S/2000/177), up to 3 June 2000.
2. Twelve months ago, UNMIK deployed to Kosovo to begin the long process of building stability, peace, democracy and prosperity in the shattered province. When UNMIK arrived, Kosovo was a scene of chaos, economic ruin, extensive destruction, lawlessness, widespread retribution and, in many parts, largely empty of its population. In addition, the members of armed Kosovo Albanian groups and other self-appointed forces sought to fill the vacuum left by the departing authorities and forces of the Federal Republic of Yugoslavia in the areas of administration and security. There was also a real risk of a conflict among Kosovo Albanians.
3. Within the first months, more than 700,000 refugees returned to their homes, reconstruction had started and preparations for winter were well under way. As a result, despite widespread fears, there were no fatalities as a result of the cold. The Kosovo Liberation Army (KLA) was demilitarized, and the long process of transforming soldiers into civilians began with the formation of the Kosovo Protection Corps (KPC). UNMIK police have made significant progress towards bringing order to the streets of Kosovo, and the training and development of the locally recruited Kosovo Police Service (KPS) is now well under way. The economy is showing signs of a vibrant recovery, and preparations are continuing to revitalize and reform the private sector and to continue the development of a market economy. Local political leaders now share some of the responsibility for guiding Kosovo, and a joint interim administration has been established to allow local residents to share in the administration of the area. In short, notwithstanding the persistence of a number of serious concerns described in the present report, Kosovo today is definitely a better place than the international community found it 12 short months ago.
4. During the reporting period, UNMIK consolidated the central and municipal structures through which the people of Kosovo participate in the interim administration of the province. With the participation of both ethnic Albanian and non-Albanian communities in Kosovo, the composition of these structures became more reflective of the population in the province. The overall security situation, despite some improvements, remains fragile. Nonetheless, the harassment and intimidation of non-Albanian communities continued at unacceptable levels and underscored the tremendous complexity faced in building coexistence and tolerance.
5. The most notable political event in Kosovo during the reporting period was the decision on 2 April by the Serb National Council (SNC) Gracanica to join the Joint Interim Administrative Structure (JIAS) as an observer for an initial period of three months. This marks a critical point towards the consolidation of JIAS and a positive step in building a multi-ethnic Kosovo. One Kosovo Serb represents the community in the Interim Administrative Council (IAC) and four Kosovo Serbs serve in the Kosovo Transitional Council (KTC). Two other Kosovo Serbs have been appointed as co-heads for the Department of Agriculture and the Department of Labour and Employment. In addition, SNC announced its unanimous support for the Mission’s “agenda for coexistence”, while listing a number of additional conditions that would need to be met during the three-month trial period before it would join JIAS as a full member.
6. The decision to join JIAS was a courageous move, spearheaded by Bishop Artemije. It was taken by SNC Gracanica without the participation of SNC representatives from Mitrovica and in the face of open threats and intimidation by local hardliners. The federal Government continued to oppose the active political cooperation of Kosovo Serbs with UNMIK. Following the decision of SNC Gracanica to join JIAS, both the SNC Mitrovica and the pro-Belgrade Serb National Assembly (SNA) launched intensive efforts to reverse SNC Gracanica’s decision. Antagonism between pro-Milosevic and opposition Serb political forces in Kosovo has also sharpened.
7. The trend towards pluralism within the Kosovo Albanian political landscape continued, including with an increased number of political parties growing out of the former KLA. For instance, a former high-ranking KLA commander, Ramush Haradinaj, formed the Alliance for the Future of Kosovo. Altogether, some 30 Kosovo Albanian parties are active within the province. The Bosniac community is represented by three parties, and the Kosovo Turkish community fields two political parties. All Kosovo Albanian political parties are actively involved in the political party registration process, collecting the 4,000 signatures of support necessary to register and certify the parties.
8. On 11 April, for the first time, IAC held its meetings with both the Kosovo Serb and Kosovo Albanian representatives. A representative of the Kosovo civil society has observer status. IAC has endorsed a number of key regulations, including those establishing the JIAS Departments, implementing the tax administration and creating the Central Election Commission, the Civil Registry and the Victim Recovery and Identification Commission. It has addressed a number of important substantive issues, including the Kosovo consolidated budget, local administration, reconstruction, health, education, utilities and private sector development. During the period under review, IAC has become increasingly vocal and active, not only on administrative issues, but also in the promotion of tolerance between ethnic communities and the condemnation of violence through statements to the Kosovo population.
9. The direct involvement of the local population in the interim administration of Kosovo is ensured through the establishment of the 20 JIAS departments. The departments are under the direct supervisory control of a deputy of my Special Representative, with 15 departments under the Deputy Special Representative for Civil Administration, 4 under the Deputy Special Representative for Economic Reconstruction and 1 under the Deputy Special Representative for Institution Building.
10. Out of 40 co-head positions (20 each for internationals and locals), 19 international and 18 local co-heads have been appointed. The positions of local department co-heads have been distributed among the three major Kosovo Albanian political parties (five to each), Kosovo Serb representatives (two), representatives of the Kosovo Bosniacs and the Kosovo Turks (one each) and one independent representative. Four women have been appointed as international co-heads, and three have been appointed as local co-heads through the efforts of my Special Representative. The UNMIK international co-head has the responsibility to ensure that the provisions of resolution 1244 (1999) are upheld in the work of the JIAS departments.
11. Under the JIAS agreement of 15 December 1999, all parallel structures of an executive, legislative or judicial nature were required to dissolve by 31 January 2000. In general, parallel security and administrative structures dissolved rapidly after 31 January.
12. Following the JIAS agreement, the enlarged 36-member KTC continued to meet each week under the chairmanship of my Special Representative, and the multi-ethnic character of the Council was reinforced.
13. The expanded KTC has become an active forum for debate. KTC has focused on missing persons and detainees, civil registration, security, education, the judicial system, private sector development and the registration of political parties. On 10 May, KTC endorsed a statement on tolerance condemning the crimes that took place in Kosovo before, during and after the recent conflict and urging all inhabitants of Kosovo to refrain from violence. It also called upon the federal authorities to hand over all Kosovo Albanians and members of other Kosovo communities in prison in Serbia proper to UNMIK. For the first time, Kosovo Albanian political leaders recognized that the Kosovo Serb community faces serious limitations in the exercise of its fundamental rights in Kosovo. In addition, the statement recognized the right of voluntary return for members of all communities in Kosovo.
14. Four KTC working groups have been set up, on tolerance and protection of local communities; detainees and missing persons; economic affairs and public utilities; and education. These working groups have become another practical link between JIAS and the local population. The Working Group on Detainees and Missing Persons has begun to compile the information available on detainees and missing persons of all ethnic communities. Representatives of Kosovo Albanian and Kosovo Serb non-governmental organizations and of SNC Gracanica have agreed to work together on this initiative in an effort to ensure that the mandate of the yet-to-be-appointed Special Envoy will include missing persons of the Kosovo Serb and other ethnic communities.
15. The development of municipalities in Kosovo is an essential element in the establishment of self-government as mandated in resolution 1244 (1999). The draft regulation on the self-government of municipalities in Kosovo will be completed in the coming weeks. The regulation will determine the nature of municipalities and their elected and administrative bodies, their competencies and their relations with the JIAS departments and the central authorities. It will also include measures to ensure the non-discriminatory provision of municipal services and the fair representation of qualified members of the minority communities in the municipal structures. Special provisions will be included for the transitional period setting out the areas and mechanisms of intervention of my Special Representative, either directly or through the UNMIK municipal administrators, in order to ensure compliance with resolution 1244 (1999).
16. Progress has been made in the establishment of municipal bodies. These bodies, comprising local representatives, operate under the authority of UNMIK. As at 29 May, a total of 27 out of 30 municipal councils had been established. Council members have been selected by UNMIK from among political parties, ethnic communities and civil society groups, making them broadly representative of the respective municipal constituency. So far, 27 out of 30 municipal administrative boards, which manage the municipal services departments, have been established. All municipal councils and administrative boards have ad interim status in view of the upcoming municipal elections.
17. The limited participation of minority communities within the municipal structures remains a matter of concern. Some minority members have withdrawn in protest against ethnically motivated acts of violence or have not been able to attend meetings because of security conditions. The creation of representative municipal structures has been particularly difficult in Mitrovica, where Kosovo Serbs have refused to serve alongside members of the municipality’s Kosovo Albanian majority. Nonetheless, cooperation has improved. Leaders of both communities have agreed to jointly participate in meetings convened by UNMIK on specific issues. Kosovo Serbs are often reluctant to assume municipal positions, even in areas where they constitute a majority. They fear that their pension benefits and other entitlements, acquired while in public service prior to the conflict, would be jeopardized. Efforts continued to ensure a fair representation of members of the Turkish, Roma, Bosniac and other Muslim Slav communities in the municipal structures.
18. Pursuant to Security Council resolution 1244 (1999), UNMIK is mandated to organize and oversee the development of provisional institutions for democratic and autonomous self-government pending a political settlement. In line with this mandate, my Special Representative informed the Council on 6 March that he would develop a “contract” on self-government. This contract will place special emphasis on community protection, given the difficult situation faced by members of non-Albanian communities in Kosovo. The elements of the contract will include legislative, executive and judiciary structures, as well as other provisions deemed necessary for self-administration. The structures will build upon the already existing joint bodies of JIAS, including IAC, and KTC. An important step will be the municipal elections now planned for October. To secure agreement within Kosovo for this important project, my Special Representative intends to closely involve local representatives in developing the contract.
19. UNMIK maintains contacts with the authorities of the Federal Republic of Yugoslavia through the Committee for Cooperation with UNMIK in Pristina. The President of the Committee has regular meetings with senior representatives of UNMIK, the Kosovo Force (KFOR) and other international agencies in Kosovo. In order to advance meaningful dialogue with the Federal Republic of Yugoslavia, UNMIK suggested the establishment of a permanent working body — a joint consultative committee. This proposal received a positive response from the Yugoslav side. An understanding was reached that the committee should deal with practical transboundary issues of mutual interest. Both UNMIK and the Federal Republic of Yugoslavia have submitted their concrete proposals with regard to the committee’s agenda, which are currently being reviewed. The other channel of contact with the Yugoslav authorities — through KFOR — is the Joint Implementation Committee (JIC), established within the framework of the Military-Technical Agreement. High-level JIC liaison meetings take place on a weekly basis and constitute an important venue for exchanging information and discussing the security situation within the ground and air safety zones.
20. UNMIK continues to develop strong relations with all neighbouring countries in order to establish cooperation on practical matters needed for the normal functioning of the Mission. On 7 March a representative of UNMIK and the Government of the former Yugoslav Republic of Macedonia signed an agreement on cross-border cooperation covering economic issues. Regional political leaders have also been encouraged to help promote peace and tolerance through their influence in the region. UNMIK also continues to work within the framework of the Stability Pact for South-Eastern Europe to promote a commitment from regional leaders to advance the political and economic stability of the region as a whole.
21. The general security situation in Kosovo has not
changed significantly during the reporting period.
Members of minority communities continued to be
victims of intimidation, assaults and threats throughout
Kosovo. In particular, during recent weeks there has
been an upsurge in localized violence. These attacks,
almost exclusively against Kosovo Serbs, appear to be
orchestrated and have had an unsettling effect on
Kosovo Serbs’ confidence. UNMIK and KFOR have
expanded their efforts in response to those attacks.
22. During the first quarter of 2000, UNMIK police
in Kosovo recorded some 9,281 criminal offences.
Among those, 411 were classified as serious crimes
(murders, attempted murders, aggravated assaults,
rapes, kidnappings and attempted kidnappings).
UNMIK police have arrested suspects in 178 of those
cases. UNMIK police crime analysts estimate that
approximately two thirds of the serious crimes
committed in Kosovo during the reporting period were
inter-ethnic in nature, and were directed mostly against
Kosovo Serbs. More than 80 per cent of the arson cases
were identifiable as inter-ethnic crimes.
23. Mitrovica continued to be a flashpoint for
ethnically related violence. Measures to improve public
order and to counter extremist activities in Mitrovica
have continued to be a key focus of both UNMIK and
KFOR. A strategy to stabilize the situation and build
confidence between the communities has been
implemented. UNMIK police and KFOR are taking
steps to enhance joint security operations, including
through enhanced communications and tactical
coordination, particularly during incidents of public
disorder and violence. Additional KFOR and UNMIK
police units and personnel have been deployed, and stricter checks on individuals entering the city have
24. During the first quarter of this year, a series of
violent incidents gave rise to some concern over the
situation in southern Serbia and its likely impact on
Kosovo. These incidents were linked to the emergence
of the so-called UCPMB (Liberation Army of Presevo,
Medvedja and Bujanovac), an armed ethnic Albanian
group, and to a heightened Yugoslav security presence
in the area. Beginning in late January, fears over
personal security led ethnic Albanians to flee southern
Serbia for the eastern half of Kosovo. In response to
the deteriorating situation, KFOR stepped up its
presence along the boundary and mounted successful
raids inside Kosovo against sites that may have been
used to train or support UCPMB. By the latter half of
March, reports of violent incidents had dwindled and
the flow of internally displaced persons had decreased
dramatically; however, contingency plans remain in
place in the event of large-scale population movements
(almost 15,000 have been registered as internally
displaced persons from southern Serbia proper since
June 1999). On 23 March, following a series of
concerted steps by the international community, some
elements of UCPMB committed themselves to seeking
a political solution to the situation in southern Serbia.
Nonetheless, occasional armed clashes with Yugoslav
security forces continued to be observed and reported.
KFOR and UNMIK are closely monitoring the
25. The commitments made by the Yugoslav authorities in the Military-Technical Agreement continued to be met. There is no evidence that Yugoslav military or paramilitary units are operating within Kosovo. The commitments made by the former KLA in the undertaking of demilitarization and transformation of 21 June 1999 and the statement of principles of 19 September 1999 continued to be upheld. There is no evidence that formed units of the former KLA are continuing to operate.
26. KFOR and UNMIK police continued to search for
weapons, through both vehicle checkpoints and house
searches. A large number of weapons have been
confiscated, at a rate of around 10 to 15 weapons each
week, from members of all ethnic groups.
27. The four components or pillars of UNMIK
remain: the Office of the United Nations High
Commissioner for Refugees (UNHCR), which heads
the humanitarian affairs pillar; the Organization for
Security and Cooperation in Europe (OSCE), which
heads the institution-building pillar; the European
Union, which heads the economic reconstruction pillar;
and the United Nations, which heads the civil
28. As at 29 May, the civil administration pillar had a
staff of 292 international Professional personnel out of
an authorized total of 435, resulting in a headquarters
staffing level of 86 per cent. In the regions and
municipalities, the staffing levels are 42 and 60 per
cent respectively. The institution-building pillar
(OSCE) had 564 international staff members in Kosovo
out of an authorized total of 751. UNHCR had a total
of 78 international staff members, and the economic
reconstruction pillar had 63 international staff. The
United Nations Volunteer programme had 547
Volunteers in Kosovo. Volunteers come from 83
countries, and 27 per cent are women. Volunteers are
working in various areas, including in the regional and
municipal administration and numerous specialized
29. The Executive Committee, comprising my
Special Representative, his principal deputy and the
four deputy special representatives, met daily. The
Executive Committee’s Joint Planning Group continued
to develop the UNMIK strategic plan and established a
number of working groups and task forces to address
issues of concern, including the Working Group on
Returns and the Joint Interim Administration Task
Force. Coordination with KFOR and other international
agencies on security issues is maintained by the
Military Liaison Office. The Office of Gender Affairs
made significant progress in mainstreaming gender
issues throughout UNMIK, including in JIAS, as well
as within the local community and municipal
30. The strategic plan of UNMIK is the focus for forward planning within the Mission and serves as a means of identifying upcoming tasks, ensuring effective coordination between the components (and with KFOR) and developing plans to address key policy and operational issues. Representatives of the components and KFOR meet regularly to develop and follow up on the implementation of the strategic plan.
III. United Nations Interim Administration Mission in Kosovo police
31. As at 24 May, 3,626 civilian police, including 207 border police, out of an authorized strength of 4,718 (which includes 1,100 special police), were deployed in Kosovo. Included in the total number of civilian police are one unit of special police officers from Pakistan (115 police officers), two units from Jordan (240 police officers) and two units from India (240 police officers). The total number of civilian police, including special police, currently in Kosovo constitutes close to 77 per cent of the total authorized strength.
32. UNMIK police have assumed full responsibility for executive law enforcement in the Pristina and Prizren regions, as well as at the Pristina airport’s international border crossing point. UNMIK police have investigative authority in the Gnjilane and Mitrovica regions, as well as in the municipality of Pec and at the international border crossing points at Djeneral Jankovic (Blace) and Globocica. In areas where UNMIK police have not assumed full law enforcement responsibility, they have assumed primary responsibility for conducting criminal investigations. In these areas, non-investigative law enforcement functions are carried out by KFOR, with support and advice from UNMIK police. UNMIK police also continue to run the Pristina and Mitrovica detention facilities.
33. A number of non-police tasks continued to demand between 15 and 20 per cent of available UNMIK police resources at any time. Measures are being taken to transfer these tasks to international security service providers.
34. In response to the shortfall in strength, UNMIK has, since its inception, been conducting joint operations with KFOR to allow the number of police officers to be significantly bolstered by military personnel and resources. In Mitrovica, KFOR and UNMIK have established a joint operation centre and a joint strategic planning group, and carry out joint security operations for weapon searches.
35. UNMIK police also continued to work towards the development of their professional capacity to counter organized crime affecting Kosovo and the region. A comprehensive criminal intelligence structure within the UNMIK police, including both centralized and regional elements, will soon be established with the support of Member States. The establishment of this mechanism, as well as international police cooperation, will be an important step forward in the fight against organized crime.
36. UNMIK police are responsible for the establishment of the Kosovo Police Service, the future local police in Kosovo. Training, provided by the OSCE-run KPS school, is coordinated with the UNMIK police field training programme. A strategic plan envisions the training and deployment of more than 3,500 KPS officers by January 2001. The KPS trainees and provisional officers serve as an integral part of the UNMIK police until they are assessed to be sufficiently trained and capable of conducting their police duties independently. Until that time, they remain under the direct command and supervision of the Police Commissioner and his designated officers. Promising trainees in the programme have already been identified for specialized and management training.
37. So far, 794 KPS officers have graduated from the KPS school. The sixth class, which consists of 322 students, began its first week of training on 22 May. In addition, approximately 1,600 UNMIK police officers have received training in a field officers course at the KPS school.
38. KPS is the only functioning multi-ethnic public service institution in Kosovo. Tremendous efforts have been made to ensure fair representation of all minority groups in Kosovo, including Kosovo Serbs. Of the first four classes of KPS, 19 per cent of participants are women, 6 per cent are Kosovo Serbs and 5.5 per cent are from other non-Albanian communities. Intensive efforts continue to meet the gender balance target of 20 per cent for the coming classes.
IV. Protection of minority communities and human rights
A. Situation of minority communities
39. Improving the situation of the minority communities in Kosovo is at the forefront of the UNMIK agenda. Despite determined efforts on the part of KFOR and the UNMIK police to address the security needs of minority populations, they have continued to be subject to harassment, violence and intimidation. The most severely affected group during the reporting period remained Kosovo Serbs. Crime continues to affect minority communities disproportionately, and while overall crime rates have stabilized, the number of murders, attempted murders and arson and grenade attacks against ethnic minorities remains unacceptably high.
40. In terms of the types of major crimes affecting minority communities during the reporting period, arson was by far the most frequent. Arson attacks committed against minorities were mostly carried out in the Pristina region and to a lesser extent in the Gnjilane region. Serb-owned properties were the hardest hit, representing 46 per cent of victims (83 properties burned out of a total of 179 incidents registered province-wide from 27 February to 20 May). A pattern emerged in some areas of arson and demolition of previously abandoned properties to clear the way for construction of new homes. The next most common major crime affecting minority communities was aggravated assault. This was followed by murder, where Serbs constituted 24 per cent of the victims province-wide (16 victims out of a total of 66 murders occurring from 27 February to 20 May).
41. As a result of the continued violence and harassment, the freedom of movement of minority communities remains restricted. This in turn affects their ability to fully exercise a range of basic rights, such as health care, education, social welfare, access to public utilities and other public services. As Kosovo moves steadily and progressively towards the re-establishment of social services and structures, efforts are being made to ensure the inclusion of minority populations. The ethnic minority communities also continued to express concern regarding the use of languages in Kosovo. UNMIK is endeavouring to address these concerns by ensuring that all public documents and signs are in all three official languages (English, Albanian and Serbian) and by exploring the possibility of requiring the use of the Turkish language in areas where the Turkish community is in the majority.
42. The inter-agency Ad Hoc Task Force on Minorities, chaired by the Deputy Special Representative for Humanitarian Affairs and composed of representatives of the humanitarian affairs pillar (UNHCR), the civil administration pillar (United Nations) and the institution-building pillar (OSCE), in addition to UNMIK police, KFOR, the United Nations Children’s Fund (UNICEF), the Office of the United Nations High Commissioner for Human Rights and the International Committee of the Red Cross (ICRC), continued to meet on a weekly basis to analyse and highlight issues of concern to minority communities. The work of the Ad Hoc Task Force has concentrated on enhancing the physical protection and freedom of movement of minority populations, as well as engaging in longer-term confidence-building measures. UNMIK, United Nations agencies, ICRC and many international and local non-governmental organizations also seek to ensure that minority populations continue to have access to food, health, education and telecommunications services.
43. UNMIK is determined to change the situation of ethnic minority communities and to work towards the full implementation of its agenda for coexistence. Freedom of movement continues to be a major challenge. UNHCR-sponsored bus lines still require a security escort in order to be able to offer some degree of freedom of movement to the minority communities that they serve. Access to medical care has improved in Gracanica with the establishment of a local surgical clinic for the community. Several labour-intensive reconstruction projects are under way, with the assistance of KFOR and bilateral donors. These aim to provide income to and build confidence in minority communities. For example, 10 village employment and rehabilitation programme projects, funded by the European Union, are being implemented in Mitrovica, distributed equally between the northern and southern areas. Other programmes are under way in Pristina. Projects include reforestation, removal and recycling of rubbish and road repairs.
44. KFOR and the UNMIK police have also taken determined and targeted measures in several high-risk areas, including emergency measures and the creation of the “confidence area” in Mitrovica. Likewise, KFOR and UNMIK are working together in the Pristina region on a project designed to improve conditions for minority communities in the area. Through the joint project, immediate security is being provided to those members of SNC Gracanica who are participating in JIAS. In addition, the project aims to enhance long-term security for minority communities in general through the execution of development projects such as telephone repair, road rebuilding, education and health projects in the area.
45. UNMIK promotes dialogue between ethnic communities through administrative, political and economic interaction. It continues to encourage multi-ethnic participation in JIAS at both the central and municipal levels. Members of different ethnic communities interact on practical administrative issues in the JIAS departments and the administrative boards. This is the first step in any reconciliation process. The different ethnic communities also interact on political issues through IAC, KTC and the municipal councils. Through such political bodies, open discussions between different groups are promoted and fostered. Confidence-building and reconciliation measures are also being undertaken through economic incentives, such as job creation programmes and inter-community trade activities.
46. The promotion of inter-community dialogue was facilitated by UNMIK through a series of humanitarian round-table discussions involving the Roma, Ashkalija (Albanian-speaking Gypsy) and Egyptian populations. The third of these meetings, which took place on 12 April, brought together for the first time representatives of these communities with Kosovo Albanian political leaders. At the end of the meeting, the six community leaders and the three Kosovo Albanian leaders (Messrs. Qosja, Rugova and Thaci) adopted an eight-point declaration. Among the key points were: recognition that the Roma communities are an integral part of Kosovo society; condemnation of the violence against them; and agreement to draft a platform for action to solve the problems of the Roma, Ashkalija and Egyptians. A Platform for Joint Action covering the main areas of concern was endorsed by both IAC and KTC.
ESS Home Page
Kosovo Index Page
Holocaust Index Page
Genocide Index Page