12 July 1999
REPORT OF THE SECRETARY-GENERAL ON THE UNITED NATIONS
INTERIM ADMINISTRATION MISSION IN KOSOVO
I. INTRODUCTION
1. The Security Council, by its resolution 1244 (1999) of
10 June 1999, authorized the Secretary-General, with
the assistance of the relevant international organizations, to
establish an international civil presence in Kosovo, Federal
Republic of Yugoslavia, in order to provide an interim
administration in Kosovo under which the people of Kosovo can
enjoy substantial autonomy. In my report to the Security Council
of 12 June 1999 (S/1999/672), I presented a preliminary
concept for the United Nations Interim Administration Mission in
Kosovo (UNMIK). The current report is issued pursuant to
paragraph 20 of resolution 1244 (1999), in which the
Council requested me to report to it on the implementation of
the resolution. The report contains a comprehensive framework of
the United Nations-led international civil operation in Kosovo,
and is based on the assessment conducted by the advance team of
UNMIK.
2. In order to provide an initial overview of the scope of
the challenge, the report first gives a brief description of the
current security, political and humanitarian situation, as well
as of the state of the administrative and public services
infrastructure and the economy. Second, it gives a comprehensive
account of the steps undertaken by the UNMIK advance team, which
had to assess, plan and act at the same time. Third, it outlines
in greater detail the authority and competencies of UNMIK as
provided for in Security Council resolution 1244 (1999).
Fourth, it sets out the structure of the Mission and the
relationship between UNMIK and the international organizations
which will be taking a lead role in its four components, namely
the United Nations, the European Union (EU), and the
Organization for Security and Cooperation in Europe (OSCE).
Fifth, the complex range of activities is described which will
be carried out by each component. Finally, a preliminary plan is
provided of the phases of implementation of the mandated task
and objectives.
3. On 2 July 1999, I appointed Bernard Kouchner as my Special
Representative. I also appointed Jock Covey as Principal Deputy
Special Representative, Dominique Vian as Deputy Special
Representative for interim civil administration,
Dennis McNamara as Deputy Special Representative for
humanitarian affairs, Daan Everts as Deputy Special
Representative for institution-building, and Joly Dixon as
Deputy Special Representative for reconstruction.
II. SITUATION ON THE GROUND
A. Security and political situation
4. Following the deployment in Kosovo on 12 June 1999 of the
international security presence known as KFOR, the Yugoslav army
and the Serbian security forces began their withdrawal from the
province in accordance with the schedule established by the
military-technical agreement between the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the North Atlantic Treaty
Organization (NATO) military authorities (see S/1999/682,
annex). This withdrawal was completed by 20 June 1999. On
21 June 1999, the Kosovo Liberation Army (KLA)
signed an undertaking on demilitarization, received by KFOR,
which established the modalities and the schedule for the
demilitarization of the KLA.
5. The general situation in Kosovo has been tense but is
stabilizing. The KLA has rapidly moved back into all parts of
Kosovo, in particular the south-west, and a large number of
Kosovo Serbs have left their homes for Serbia. While the first
wave of Kosovo Serb departures was prompted by security concerns
rather than by actual threats, a second wave of departures
resulted from an increasing number of incidents committed by
Kosovo Albanians against Kosovo Serbs. In particular, high
profile killings and abductions, as well as looting, arsons and
forced expropriation of apartments, have prompted departures.
This process has now slowed down, but such cities as Prizren and
Pec are practically deserted by Kosovo Serbs, and the towns of
Mitrovica and Orahovac are divided along ethnic lines.
6. The security problem in Kosovo is largely a result of the
absence of law and order institutions and agencies. Many crimes
and injustices cannot be properly pursued. Criminal gangs
competing for control of scarce resources are already exploiting
this void. While KFOR is currently responsible for maintaining
both public safety and civil law and order, its ability to do so
is limited due to the fact that it is still in the process of
building up its forces. The absence of a legitimate police
force, both international and local, is deeply felt, and
therefore will have to be addressed as a matter of priority.
7. There are, nevertheless, signs that the situation could be
improved with a view to creating an environment to facilitate
the return of all Kosovo civilians to their homes. The most
important confidence-building mechanism in the medium term will
be the involvement, on a consultative basis, of political
leaders of all communities in the decision-making processes of
UNMIK.
B. Humanitarian situation
8. The humanitarian consequences of the conflict on the
people of Kosovo have been profound. Out of a population
estimated in 1998 to number 1.7 million, almost half (800,000)
have sought refuge in neighbouring Albania, the former Yugoslav
Republic of Macedonia and Montenegro during the past year. While
estimates vary, up to 500,000 persons may have been internally
displaced. Many internally displaced persons (IDPs) are in worse
health than the refugees, having spent weeks in hiding without
food or shelter. Many refugees and IDPs bear the scars of
psychological trauma as well as physical abuse.
9. As of 8 July 1999, more than 650,000 refugees had returned
to Kosovo through a combination of spontaneous and Office of the
United Nations High Commissioner for Refugees (UNHCR)-assisted
movement. This leaves an estimated 150,000 persons in
neighbouring regions and countries, 90,000 evacuees in third
countries and an unknown number of asylum-seekers. Those who
have not returned home will continue to require a high level of
assistance in their country of asylum and upon eventual return.
Within Kosovo, a still unknown number of individuals remain
outside their homes. The past weeks have also witnessed an
exodus of members of minority groups, primarily Serbs, into
Montenegro and Serbia, where according to the Yugoslav Red
Cross, approximately 58,000 displaced persons have registered
for assistance.
10. Despite the hardship endured over the last three months,
the health and nutritional status of both the remaining and
returning population, with some limited exceptions, has not
deteriorated significantly. However, the pace and scope of
rehabilitation efforts in the shelter, water and sanitation
sectors will have a direct impact on the population's health
status as winter approaches. Widespread damage to
community-level facilities of the former parallel system does
raise concern about access to basic services in the near term.
C. State of public services and administration
11. The level of damage suffered during the recent conflict
varies markedly across the province. Much of northern Kosovo
remains virtually untouched by the hostilities, while such towns
as Pec, Djakovica and Mitrovica sustained massive damage.
Surveys to determine the state of public administration
structures and the provision of utilities have been undertaken
by UNMIK, with the assistance of a United Nations disaster
assessment and coordination team and teams from the Council of
Europe.
12. Neither of Kosovo's two power generation stations are
currently functioning, leaving the province dependent on links
with Serbia, Montenegro and the former Yugoslav Republic of
Macedonia for its electrical energy. The supply of coal from the
open cast mine is blocked by the breakdown of local distribution
networks. Water distribution problems have plagued Pristina. The
principal problems impeding water distribution in Pristina are
the lack of maintenance, the failure to pay salaries and the
inadequate supply of electricity to pumping stations.
13. The public service structures of Kosovo are largely
inoperative due to a combination of neglect, war damage and the
departure of trained staff. The municipalities are functioning
inadequately or not at all. While water and electricity are
usually available, the telephone lines are down, schools are not
open and there is practically no public transport service.
According to an assessment by the Council of Europe, the
judiciary is not functioning since many of its previous Kosovo
Serb staff have recently departed, and Kosovo Albanian or other
personnel either have not yet returned to Kosovo or have not yet
been identified.
14. The payment of public service salaries needs to be
urgently addressed since government funding for municipalities
has not been provided since March 1999. As an interim measure,
salaries for electrical workers will be paid by UNMIK for the
next three months from funds donated by the United Kingdom and
United States Governments. Additional funds, however, are
urgently required to address arrears and recurrent costs in
other sectors until UNMIK is able to raise income through local
taxation and excise duties.
15. With no refuse disposal since March 1999 and with
widespread pollution of wells and other water sources, there is
a significant risk to public health throughout Kosovo. The
initial assessment of health services indicates that material
damage to these facilities is less serious than expected, though
their status varies by municipality. Most hospitals are
functioning, but patient care has been compromised by serious
political disputes about the future management structure and the
reintegration of Kosovo Albanian staff. The Kosovo Serbs, who
have had a disproportionately important role in managing public
services, are now frequently excluded or intimidated into
leaving Kosovo, creating a skills gap. This major problem of
reintegrating technical staff from both communities is common in
most sectors.
D. Economic situation
16. The immediate economic outlook for Kosovo is precarious.
Well into summer, much of Kosovo's rich agricultural land lies
fallow, a grave situation for a territory that relies heavily on
agriculture for its livelihood. The industrial and manufacturing
sector has been severely debilitated by a long-standing lack of
capital investment, and by damage caused by the conflict and in
some cases by the departure of Kosovo Serb managers and staff.
While an encouraging revival of commercial activity is evident,
significant economic activity will continue to be hampered by
the existing system of discriminatory property rights, lack of
commercial or industrial finance, currency instability and other
impediments. Payments systems and the financial services sector
are largely non-functional. At present, much of Kosovo's current
economic activity is confined to trading of scarce goods and
services at inflated prices.
III. ACTIVITIES OF THE ADVANCE TEAM
17. The Special Representative ad interim, Sergio
Vieira de Mello, arrived at Pristina on 13 June 1999, one day
after the initial deployment of KFOR. The bulk of the UNMIK
advance team was deployed in Kosovo within subsequent days. Upon
deployment, UNMIK established close working relations with KFOR
and various international organizations on the ground, including
the International Criminal Tribunal for the former Yugoslavia (ICTY),
the International Committee of the Red Cross (ICRC) and
non-governmental organizations. UNMIK has also maintained
regular contacts with local representatives of the Federal
Republic of Yugoslavia in Pristina. In order to enhance an early
international police presence, unarmed civilian police officers
were redeployed from the United Nations Mission in Bosnia and
Herzegovina. On 3 July 1999, the first international police were
deployed in a liaison capacity to five locations in Kosovo.
18. On 20 June 1999, the Special Representative a.i. issued a
statement in which he indicated that in accordance with Security
Council resolution 1244 (1999), he would perform the
executive functions of government during the transitional period
until new legitimate authorities were established. To avert a
violent takeover of public institutions, he has emphasized that
there cannot be any changes in authority in such institutions
without UNMIK's expressed approval. He further indicated his
intention to appoint international administrators at the
regional and municipal levels, and has taken the initial steps
to re-establish a multi-ethnic and democratic judicial system in
Kosovo. As an emergency measure, he has issued three decrees,
one establishing a Joint Advisory Council for judicial
appointments, a second appointing its members, and a third
appointing four prosecutors, two investigating judges and a
three-judge panel approved by the Judicial Panel. Additional
candidates are currently being reviewed for appointment in the
coming week.
19. In his regular contacts with federal representatives, as
well as local political leaders, the Special Representative has
urged them to demonstrate restraint and tolerance. At the
functional level, UNMIK has established joint civilian
commissions (JCCs) to facilitate the process of a mediated and
controlled transition to integrated public institutions and to
address such contentious issues as administration and staffing
of various public facilities. This initiative was welcomed. JCCs
have been established in the areas of health, universities,
education and culture, municipalities and governance, post and
telecommunications, and power. Representatives of Kosovo
Albanian and Kosovo Serb communities participate in the councils
chaired by UNMIK regional administrators. However, a continuing
departure of Serb professionals and managers due to intimidation
and a lack of confidence could undermine the work of the
Commissions.
20. At the political level, consultations are continuing for
the formation of the Kosovo Transitional Council, which will
provide a mechanism for enhancing cooperation between UNMIK and
the people of Kosovo, restore confidence between the communities
and identify candidates for interim administration structures at
all levels. This broadly representative body, which will be
composed of representatives of all main ethnic and political
groups in Kosovo, is intended to ensure participation of the
people of Kosovo in the decisions and actions of UNMIK. It will
be chaired by the Special Representative, and will provide him
with advice, be a sounding board for proposed decisions and help
to elicit support for those decisions among all major political
groups. In addition to facilitating the work of UNMIK, the
Kosovo Transitional Council will promote democratization and
institution-building.
21. UNMIK immediately took steps to communicate with the
people of Kosovo and the international community via all
available media. Daily broadcasts were inaugurated on a private
radio station, reaching a significant portion of the territory.
While no newspapers are currently being published in Kosovo,
direct contact has been established with the few publications in
circulation in the territory. UNMIK has consistently provided
information to the international press corps in Kosovo, which
serves both Kosovo and international audiences. The lack of
functioning media in the territory is, however, a major obstacle
to UNMIK's work.
22. With the assistance of KFOR, UNMIK has prevented some
unauthorized takeovers of media facilities. UNMIK also
instituted procedures governing the start-up of new radio
broadcasting operations, pending the establishment of a
regulatory framework under the civil administration.
23. Initial civil affairs operations began at Pristina on 14
June, at Prizren on 16 June, at Pec on 4 July and at Mitrovica
and Gnjiliane on 5 July 1999. Regional administrators have now
been deployed in all five regions, and links have been
established with local leaders to ensure continuation of basic
services and the reduction of tension.
24. UNMIK and KFOR have established close working
relationships and have put in place a comprehensive structure of
coordination mechanisms, including daily meetings of the Special
Representative and the KFOR Commander. UNMIK liaises closely
with KFOR to assist the latter in implementing its
responsibility for ensuring public safety in Kosovo. This
includes responding both to ordinary crimes and to politically
motivated incidents, such as attempts by certain Kosovo Albanian
groups to take over local government offices, hospitals and
media facilities.
25. UNMIK has deployed military liaison officers to the
headquarters of KFOR and to the five KFOR multinational
brigades. KFOR representatives take part, as necessary, in the
work of UNMIK, while UNMIK, in turn, participates in KFOR's
Joint Implementation Commission (JIC), which liaises with the
Federal Republic of Yugoslavia's armed forces and the KLA. As
UNMIK continues its deployment, these initial coordination
mechanisms will expand, particularly at the regional and
municipal levels.
26. In close cooperation with KFOR, UNMIK has undertaken
various confidence-building measures aimed at restraining Kosovo
Albanians and reassuring Kosovo Serbs. On 2 July 1999, in
response to harassment and attacks against minority groups, the
Special Representative brought together Kosovo Serb and Kosovo
Albanian leaders to agree on concrete measures to enhance
security. This was the first time such a meeting had occurred.
The two sides issued a joint statement on security calling, inter
alia, for the creation of a joint crisis task force
involving Kosovo Albanians, Kosovo Serbs, UNMIK and KFOR. The
joint statement on security was immediately broadcast over Radio
Pristina and video coverage of the event was widely broadcast.
27. Following reports of the deliberate destruction of
documentation, UNMIK, with the assistance of KFOR, has taken
measures to secure official records stored in administrative
buildings.
28. UNMIK has closely cooperated with ICTY and provided
support for its activities. ICTY is engaged in the collection of
evidence, including the processing of crime scene sites
throughout Kosovo, to support existing and new indictments. New
sites are being discovered almost daily and are being secured by
KFOR until they can be documented. By 1 July 1999, over 150
crime scene sites had been reported by KFOR.
29. Supported by the United Nations Mine Action Service and
the United Nations Office for Project Services (UNOPS), UNMIK's
mine action team has begun setting up the mine action programme
for Kosovo, the first step of which is the establishment of the
United Nations Mine Action Coordination Centre (UNMACC). This
Centre is being mobilized and is already coordinating emergency
mine action activities in Kosovo with its various partners,
including United Nations agencies, in particular the United
Nations Children's Fund (UNICEF), KFOR, NGOs, commercial
companies and international organizations, in order to ensure
that all available resources are being used efficiently and
effectively in support of the UNHCR return programme.
30. UNMIK and KFOR have also worked closely to coordinate
mine action efforts. Early consultations resulted in the
expeditious establishment, with the support of the Geneva
International Center for Humanitarian Demining, of a shared
information management system for mine action that will contain
all mine and unexploded ordnance (UXO)-related information on
Kosovo. The database, which has initially been set up at KFOR
headquarters, will be transferred to UNMACC as soon as the
latter is fully operational. Other cooperative efforts between
KFOR and UNMIK mine action staff include the development of maps
showing the mine/UXO suspected and confirmed areas, the sharing
of technical information on the mine/UXO threat, and the sharing
of mine information received from the Yugoslav army and KLA
sources.
31. The principal United Nations humanitarian
agencies - UNHCR, the World Food Programme (WFP),
UNICEF and the World Health Organization (WHO) - as
well as the International Organization for Migration (IOM), ICRC
and the International Federation of the Red Cross (IFRC) have
established representative offices at Pristina and are operating
in all regions. Over 45 NGOs, along with major bilateral donors,
have committed personnel and resources to meet the immediate
relief needs of the people of Kosovo. The first humanitarian
convoy, led by UNHCR, arrived at Pristina on 13 June 1999,
within hours of KFOR securing the road from the former Yugoslav
Republic of Macedonia border to the city. A base and warehouse
were established, and efforts were made to reach vulnerable
groups of internally displaced persons. UNHCR has established a
regular supply and distribution system, and is also in the
process of establishing a number of legal advice centres
throughout Kosovo. An organized repatriation programme to
selected areas inside Kosovo where security is reasonably
assured has begun.
32. UNHCR, as the lead agency for humanitarian assistance in
Kosovo, has organized a series of multisectoral and inter-agency
assessments to identify the most urgent needs and areas for
winterization programmes. WFP is conducting helicopter missions
to locate and provide immediate assistance to displaced persons
inside Kosovo. As of 8 July 1999, WFP had delivered over 5,723
tons of basic commodity items and emergency rations to Kosovo,
of which 3,000 tons have already been distributed. WHO, UNICEF
and a consortium of NGOs have initiated a rapid village
assessment programme to provide details on the state of roads,
populations, water and sanitation, food supplies, shelter and
the availability of local services and utilities. UNICEF has
initiated a mine awareness campaign, and has distributed over
220,000 mine awareness leaflets throughout Kosovo through its
NGO partners.
33. UNMIK continues to build working-level relationships with
the other organizations that form part of the integrated mission
structure. OSCE has established a mission task force to assess
needs on the ground and establish its larger organizational
presence. It has provided assistance in identifying judges, and
has set up a local skills database for use by the interim civil
administration. It has also loaned personnel to UNMIK on a
temporary basis to support efforts to protect important
documentation. Human rights monitors have worked closely with
KFOR on actions to protect and promote human rights. OSCE has
identified a site for establishing a police training academy and
preparations to begin training police cadets are under way.
34. The head of the European Union advance team of the Task
Force for Reconstruction arrived at Pristina on 28 June 1999 to
meet with UNMIK personnel and begin the process of joint
planning for reconstruction and economic recovery. An initial
damage assessment mission commissioned by the EU is currently
under way.
IV. AUTHORITY AND COMPETENCIES OF THE MISSION
35. The Security Council, in its resolution 1244 (1999), has
vested in the interim civil administration authority over the
territory and people of Kosovo. All legislative and executive
powers, including the administration of the judiciary, will,
therefore, be vested in UNMIK.
36. In implementing its mandate in the territory of Kosovo,
UNMIK will respect the laws of the Federal Republic of
Yugoslavia and of the Republic of Serbia insofar as they do not
conflict with internationally recognized human rights standards
or with regulations issued by the Special Representative in the
fulfilment of the mandate given to the United Nations by the
Security Council. In the same vein, the UNMIK interim civil
administration will respect the existing institutions to the
extent that they are compatible with its mandate. Arrangements
will be entered into with the Federal Republic of Yugoslavia in
order to facilitate UNMIK activities in territories of the
Federal Republic of Yugoslavia outside Kosovo.
37. Any movable or immovable property, including monies, bank
accounts and any property of or registered in the name of the
Federal Republic of Yugoslavia or the Republic of Serbia or any
of its organs which is in the territory of Kosovo will be
administered by UNMIK.
38. In exercising their functions, all persons undertaking
public duties or holding public office in Kosovo will be
required to observe internationally recognized human rights
standards, and shall not discriminate against any person on any
grounds, such as sex, race, colour, language, religion,
political or other opinion, national, ethnic or social origin,
association with a national community, property, birth or other
status.
39. The authority vested in UNMIK will be exercised by the
Special Representative. He will be empowered to regulate within
the areas of his responsibilities laid down by the Security
Council in its resolution 1244 (1999). In doing so, he may
change, repeal or suspend existing laws to the extent necessary
for the carrying out of his functions, or where existing laws
are incompatible with the mandate, aims and purposes of the
interim civil administration.
40. The Special Representative will also have the authority
to appoint any person to perform functions in the interim civil
administration in Kosovo, including the judiciary, and to remove
such persons if their service is found to be incompatible with
the mandate and the purposes of the interim civil
administration. Such authority shall be exercised in accordance
with the existing laws, as specified previously, and any
regulations issued by UNMIK. In exercising this function, the
Special Representative will endeavour to have all elements of
Kosovo society appropriately represented and to respect the
requirements and procedures for appointments and nominations
provided for under local law. He shall, furthermore, promote the
independence of the judicial system as the guarantor of the rule
of law.
41. In the performance of the duties entrusted to UNMIK, the
Special Representative will, as necessary, issue legislative
acts in the form of regulations. Such regulations will remain in
force until repealed by UNMIK or suspended by rules issued by
the Kosovo Transitional Authority once it is established (see
para. 114 below).
42. In its resolution 1244 (1999), the Security Council
requests UNMIK to protect and promote human rights in Kosovo. In
assuming its responsibilities, UNMIK will be guided by
internationally recognized standards of human rights as the
basis for the exercise of its authority in Kosovo. UNMIK will
embed a culture of human rights in all areas of activity, and
will adopt human rights policies in respect of its
administrative functions.
V. STRUCTURE OF THE MISSION
43. In order to fulfil the provisions of Security Council
resolution 1244 (1999) effectively, the structure of UNMIK
must ensure that all of its activities in Kosovo are carried out
in an integrated manner with a clear chain of command. The
Mission will be composed of four main components led by the
United Nations (civil administration), UNHCR (humanitarian),
OSCE (institution-building) and the EU (reconstruction). Each of
these components will rely on the capabilities and expertise of
the lead organization, as well as that of various other
international organizations and agencies. While maintaining
coherence and effectiveness, the lead organization will
incorporate its own respective command structures.
44. The Special Representative of the Secretary-General as
the head of UNMIK, is the highest international civilian
official in Kosovo. He will enjoy the maximum civilian executive
powers envisaged and vested in him by the Security Council in
its resolution 1244 (1999), and will also be the final authority
on their interpretation. In accordance with Security Council
resolution 1244 (1999), the Special Representative will
facilitate a political process designed to determine Kosovo's
future status, taking into account the Rambouillet accords.
45. In view of the complexities of the UNMIK mission and the
multifaceted tasks it will be required to perform, it was
imperative to appoint a Principal Deputy Special Representative,
who will assist the Special Representative in directing and
managing UNMIK and will also ensure a coordinated and integrated
approach by all of the Mission's four components. Each of the
four components will be headed by a deputy special
representative, drawn from the international organization which
will have the lead responsibility in a particular area.
46. The deputy special representatives will report directly
to the Special Representative on the implementation of their
tasks, and will also be responsible for ensuring the effective
coordination of all activities, both of UNMIK and its partners,
within their areas of designated responsibility. While the
deputy special representatives have overall responsibility for
activities falling under their authority, the Special
Representative will retain the ability to direct activities to
ensure the coherent implementation of the tasks assigned to the
mission.
47. An Executive Committee whose membership will include the
Principal Deputy Special Representative and the four deputy
special representatives, will be chaired by the Special
Representative. The Executive Committee will assist the Special
Representative in fulfilling his responsibilities, and will be
the main instrument through which he will control the
implementation of UNMIK's objectives. Through the Executive
Committee, he will oversee tasks relating to effective mission
integration, such as the setting of implementation priorities,
the phasing and designation of tasks, ensuring effective
coordination with outside agencies, especially KFOR, and the
setting of overall mission policy.
48. The Executive Committee will be assisted by a Joint
Planning Group (JPG), which will be chaired by the Principal
Deputy Special Representative. JPG will be composed of senior
planning staff from each lead organization. The main tasks of
JPG will be to ensure consistency of plans between the
components, in particular links between emergency relief and
longer-term reconstruction activities, as well as between
interim civil administration and institution-building. KFOR will
be invited to designate a senior representative to work with JPG
on military-civilian issues. Representatives of other agencies
will be invited to participate when necessary.
49. The Special Representative will have an Executive Office
headed by a Director to assist him in his duties. The Office
will include senior staff to advise the Special Representative
on legal, political and economic matters. A senior human rights
adviser will ensure a proactive approach on human rights in all
UNMIK activities and ensure the compatibility of regulations
issued by UNMIK with international human rights standards. There
will also be a gender advisory unit to provide guidance on how
to mainstream gender issues into the mandate and activities of
the various components. UNMIK will require a substantial
administration component in order to support it administratively
and logistically.
50. A Chief Military Officer, who will head the UNMIK
Military Liaison Office, will also be assigned to the Special
Representative. The Military Liaison Office will deploy officers
to KFOR at the headquarters, regional and multinational brigade
levels. The military liaison officers will also provide military
advice to the UNMIK components, assist in assessing threats to
the security of the international civilian personnel, and
provide advice on such matters to UNMIK and its partners.
51. UNMIK will have a substantial unified public information
programme. Its public information activities will support all
aspects of its mandate. The Public Information Division will be
comprised of an office of the Director, a spokesperson's office,
units for radio and television, print and publication
production, mass information and outreach, the Internet and
media monitoring, and will be responsible for the overall
management of a radio production facility.
52. It is also foreseen that UNMIK will have liaison offices,
including military liaison officers, at Skopje, Tirana, and
subject to the agreement of the Federal Republic of Yugoslavia,
at Podgorica. The existing liaison office at Belgrade will also
support UNMIK. The liaison offices will address issues affecting
the mission and assist the Special Representative in his
contacts with authorities in those capitals.
VI. MAIN COMPONENTS OF THE MISSION
53. Under the direction of the Special Representative, the
four components of UNMIK will act in an integrated manner to
attain the objectives set out in paragraph 11 of Security
Council resolution 1244 (1999). The allocation of tasks set out
below cannot, therefore, be perceived as being exclusive to one
or another of the components.
A. Civil administration component
54. The civil administration functions of UNMIK, led by the
United Nations, will be divided into functional departments as
set out below.
1. Public administration/civil affairs
55. The civil administration component will establish the
multi-ethnic governmental structures essential for the
sustainable delivery of public services where and as long as
required.
56. UNMIK will make maximum use of skilled former or current
public employees, irrespective of ethnicity. They will be
integrated into the interim civil administrative structure as
quickly as possible. The guiding principles for integration are
capability, the level of local confidence enjoyed by the
individuals, efficiency and integrity. As the integration of
trained staff proceeds and their capacity increases, the level
of day-to-day executive control exercised by UNMIK should
diminish.
57. Small teams of international staff with professional
experience in the various facets of public administration
(ranging from management of health services to post and
telecommunications) will contribute to the provision of public
services throughout Kosovo, oversee service implementation, and
undertake or direct the administration. Qualified public service
advisers will give guidance on the implementation of sectoral
policies in the municipalities of the region.
58. In the municipalities, UNMIK public administration staff
will oversee the implementation of policy directives, report on
the effectiveness of local bodies and use executive authority,
where necessary. They will also provide advice to KFOR and
justice officials operating in the region.
59. In the field of education, there is a continuing pressing
need to align the Serb and Kosovo Albanian systems. Under the
supervision of the civil administration and with advice from
international organizations and NGOs, curricula, the
standardization of exams, the recognition of degrees, and the
financing and supervision of schools should be determined
jointly by representatives of all communities. This would imply
the recognition of both education systems on the basis of their
fulfilment of certain standards and, where possible,
integration.
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2. Police
60. Two main goals will define UNMIK's
law and order strategy in Kosovo: provision of interim law
enforcement services, and the rapid development of a credible,
professional and impartial Kosovo Police Service (KPS). To
achieve these goals, UNMIK will deploy international police
personnel, commanded by a UNMIK Police Commissioner who will
report to the Special Representative through the Deputy Special
Representative for Interim Civil Administration. UNMIK's
international police personnel will be deployed to the five
Kosovo regions. It will consist of three separate elements:
civilian police (1,800 officers), special units (10 formed units
of about 115 officers each) and border police (205 officers).
The functions of the three elements will change over three
distinct phases.
61. In the first phase, KFOR will be
responsible for ensuring public safety and order until the
international civil presence can take responsibility for this
task. Until the transfer of that responsibility, UNMIK's
civilian police will advise KFOR on policing matters and
establish liaison with local and international counterparts. The
special police units under UNMIK control will also establish
liaison with local and international counterparts and protect
United Nations installations, if needed. UNMIK border police
will advise KFOR units stationed at the border.
62. In the second phase, once UNMIK has
taken over responsibility for law and order from KFOR, UNMIK
civilian police will carry out normal police duties and will
have executive law enforcement authority. At that time, UNMIK
civilian police will be armed. To the extent that trained local
police become available through the police academy under UNMIK's
institution-building component, UNMIK civilian police will
initiate on-the-job training, advising and monitoring. UNMIK
special police units will carry out public order functions, such
as crowd control and area security. The special police units
will also provide support for UNMIK civilian police and protect
UNMIK installations. At that time, it would be preferable for
any special police unit previously under KFOR command to be
transferred to UNMIK authority so as to avoid two units with
similar mandates in the same theatre. The United Nations border
police will ensure compliance with immigration laws and other
border regulations. KFOR will continue to support UNMIK in these
efforts, as required.
63. A cadre of local community liaison
officers will be employed as soon as possible to serve as an
interface between UNMIK civilian police and the population,
assist in the assessment of the law and order situation, and
demonstrate early local engagement with UNMIK policing tasks.
Community liaison officers will exercise no police powers, and
will undergo a basic skills and standards course at the police
academy. They will be hired strictly on a limited-term basis,
although they will be given due consideration for subsequent
selection to the permanent Kosovo police service.
64. UNMIK will begin developing a
professional Kosovo Police Service immediately, recruiting
candidates on the basis of stringent standards for selection and
conduct ongoing screening and background checks. This will be
done jointly by UNMIK police leadership and personnel
responsible for the police academy. KPS will have to be
representative of the different ethnic communities of the
municipalities in which it serves. Training for selected
candidates will include basic training organized in the police
academy, as well as field training under the supervision and
guidance of UNMIK civilian police. Background screening and
critical assessment of the performance of KPS officers will be
ongoing, and the Police Commissioner will retain full
discretion, under the authority of the Special Representative,
to dismiss or discipline KPS officers. UNMIK civilian police
will, moreover, maintain the capacity and authority to conduct
independent investigations of alleged human rights violations or
other misconduct by the members of KPS. It will also be
responsible for developing an effective and transparent command
structure for KPS in accordance with international standards of
democratic policing.
65. In the third phase, once properly
trained and selected local police in sufficient strength are
available, UNMIK will transfer responsibilities for law and
order and border policing functions to the Kosovo Police
Service. At that time, UNMIK civilian and border police will
revert to training, advising and monitoring functions. UNMIK
special police units might still be needed as a backup.
3. Judicial affairs
66. There is an urgent need to build genuine rule of law in
Kosovo, including through the immediate re-establishment of an
independent, impartial and multi-ethnic judiciary. Politically
motivated and ethnically one-sided appointments, removals and
training led to a judiciary in which, out of 756 judges and
prosecutors in Kosovo, only 30 were Kosovo Albanians. The exodus
of Kosovo Serbs has accelerated the collapse of the judicial
system. The daily arrests of criminals by KFOR and the need to
bring to justice those who are suspected of having committed the
most serious crimes, including war crimes, amplifies the urgency
of these issues. This is a fundamental challenge for UNMIK. Only
a fully functioning independent and multi-ethnic judicial system
will address the existing security concerns in Kosovo and build
public confidence. Where justice can be seen to be done, it will
also make an important contribution to reconciliation in Kosovo.
67. Under its civil administration component, UNMIK will have
a Judicial Affairs Office, with four major areas of
responsibility: the administration of courts, prosecution
services and prisons; the development of legal policies; the
review and drafting of legislation, as necessary, for the goals
and purposes of UNMIK; and the assessment of the quality of
justice in Kosovo, including training requirements.
68. The establishment of an independent and multi-ethnic
judiciary requires immediate action. For an interim period, the
judges and prosecutors appointed by the emergency judicial panel
will hold office until a newly created judicial commission can
conduct a Kosovo-wide selection process. In view of the
knowledge required in the domestic judicial system, UNMIK will
continue to fill the judiciary and the prosecution service with
professionals recruited from among local lawyers.
69. Generally, newly appointed judges should receive
continuous training, particularly in the area of the law and
application of international instruments on human rights, in
particular the Universal Declaration of Human Rights, the 1966
International Convention on Civil and Political Rights, the 1966
International Covenant on Economic, Social and Cultural Rights,
and the European Convention on the Protection of Human Rights
and Fundamental Freedoms and its Protocols. In addition, it will
be important to provide immediate "quick start"
training programmes in domestic and international law for those
Kosovo Albanian lawyers who were trained during the time of the
"parallel institutions" or were banned from practising
their profession in the past decade. These efforts will be
supplemented by the dissemination of international instruments
in local languages.
70. UNMIK will also establish a technical advisory commission
on the structure and administration of the judiciary and the
prosecution service. This commission will provide advice on such
matters as the territorial jurisdiction of existing courts and
the workload of judges and prosecutors with a view to
rationalization and possible reduction in the number of judges
and prosecutors, and salaries. The commission shall also be
composed of both local and international experts and make
recommendations to the Judicial Affairs Office within two months
of its establishment.
71. As an initial step, UNMIK will re-establish the Supreme
Court of Kosovo, which was abolished in 1991, to hear, inter
alia, appeals against decisions of the current five district
courts in Kosovo. Similarly, a General Prosecutor's Office will
be re-established.
72. UNMIK'S Judicial Affairs Office will also re-establish
and reform the correctional system in Kosovo, in a legal and
operational framework that is consistent with international
prison standards. Due to the exodus of most of the prison staff
and the transfer of prisoners to facilities in Serbia and
Montenegro, the prisons in Kosovo are literally empty at the
moment. UNMIK will recruit, select and train new as well as
former staff of these prisons, applying the highest
international standards regarding prisons and human rights. As
an immediate step, a thorough assessment of the existing
correctional facilities will be conducted, and an initial
contingent of prison wardens will be deployed to fill the
current vacuum.
73. The establishment of strong and independent judges and
prosecutors associations in Kosovo is an additional and
essential institutional safeguard for building and securing an
independent judiciary. At the same time, UNMIK will sponsor the
revival of the Kosovo Bar Association to help identify and build
legal capacities and further support the creation of an
effective judiciary.
74. UNMIK is also planning to establish a legal aid scheme to
facilitate equal access to courts and ensure the provision of
legal assistance, where required, in particular in property
cases and domestic war crimes cases, which may constitute a
significant portion of all cases in the near future. This effort
will be complemented by disseminating information on the legal
system in general and the legal rights of the individual in
particular.
75. UNMIK will initiate a process to amend current
legislation in Kosovo, as necessary, including criminal laws,
the law on internal affairs and the law on public peace and
order, in a way consistent with the objectives of Security
Council resolution 1244 (1999) and internationally recognized
human rights standards.
76. UNMIK will address on a priority basis the problem of
identification and documentation of all people in Kosovo,
particularly returnees and IDPs. This process will contribute to
maintaining law and order, facilitate the restoration of social
services and help to resolve a number of potential legal
problems, including property rights. As a priority, UNMIK will
attempt to locate and secure key documents as well as record
books and archives. The reissue of obligatory documents will
become crucial for voter registration and elections. UNMIK will
need to establish a team of international and national experts
for these tasks. Addressing issues of documentation will also
serve as a confidence-building and reconciliation measure since
it will address the problem of illegal immigrants and the fears
of Kosovo residents whose records, and personal and property
documents, have been seized or destroyed.
77. Serious violations of property rights in Kosovo have
occurred before, during and after the military conflict. There
are indications that irregular property transactions were
conducted in the years prior to the conflict, discriminating
against Kosovo Albanians. The rapid return of Kosovo Albanians
and the need for alternative accommodation for those who have
lost their property, as well as the displacement of large
numbers of the Serbian population, have led to an increasing
number of cases of violation of tenure and occupancy rights.
There are reports of illegal occupation of land and property in
areas left by departing Albanian and Serbian local residents, as
well as indications that criminal groups may be taking control
of vacant housing and property in flagrant violation of the
legitimate rights of the original owners and occupants.
78. The continuation of these incidents is reinforcing
divisions, and will hinder peace-building efforts and the
establishment of democratic institutions in Kosovo. Loss of
records and irregular property transactions in recent years
preclude a transparent process of property restitution. UNMIK,
with the support of other international organizations and
agencies, will establish a standard registry of property claims;
redress legal measures on property taken in recent years and
that in any way discriminate against any ethnic group; and
rebuild the property and cadastral records. UNMIK will also
establish a court to review property disputes.
B. Institution-building component
79. The tasks of the institution-building component of the
UNMIK mission, which will be led by OSCE, will include assisting
the people of Kosovo in strengthening the capacity of local and
central institutions and civil society organizations, as well as
promoting democracy, good governance and respect for human
rights. It will also include organizing elections. Given the
recent history of the region, much work will be required to
establish the foundations of a free, pluralist and multi-ethnic
society.
1. Democratization and institution-building
80. As an immediate priority, UNMIK will work with other
international organizations to identify the needs of local civil
administrators and provide them with the required training as
quickly as possible. It will also facilitate the awareness and
involvement of citizens in social and political change in Kosovo
by strengthening the development of local citizens, women's and
youth groups, and professional, cultural and other associations.
Existing structures will be preserved to the maximum extent
possible. UNMIK will also undertake programmes to facilitate
conditions that support pluralistic political party structures,
political diversity and a healthy democratic political climate.
81. Over the longer term, UNMIK will develop an integrated
approach to the strengthening of governance structures through
the training of government officials and executive and
administrative officers in procedures of democratic governance.
82. UNMIK has the unprecedented opportunity to lay the
foundation for democratic and professional media in Kosovo. At
present, there is a serious lack of objective information. While
a few newspapers are in circulation in Kosovo, there is a near
vacuum in the sphere of electronic media. UNMIK will support the
emergence of independent media and will monitor compliance with
international media standards. The Special Representative will
appoint a media regulatory commission to manage the frequency
spectrum, establish broadcast and press codes of conduct, and
issue licences.
83. In facing the challenge of fostering the development of
independent media in Kosovo, UNMIK will promote a media culture
based on democratic principles. To create a framework for this
purpose, the Special Representative intends to establish an
independent media board, which will include representatives of
the media and civil society. The board will, inter alia,
identify reconstruction priorities for media infrastructure.
2. Elections
84. In accordance with paragraph 11 (c) of Security Council
resolution 1244 (1999), UNMIK will organize and oversee the
development of provisional institutions for democratic and
autonomous self-government pending a political settlement. This
includes the holding of elections. In order to prepare an
environment in which free, fair and multi-ethnic elections can
be held, UNMIK will conduct wide-ranging activities related to
confidence-building, reconciliation and the restoration of
democratic political organizations and institutions. A key
element of this process will be the design and implementation of
a comprehensive voter registration, which will be closely linked
to the civic identification process. It will also be necessary
to conduct a census of Kosovo citizens residing in the province
as well as refugees and displaced persons. These will be an
immense challenge given the level of displacement and the
destruction of public records.
3. Human rights
85. To strengthen the rule of law in Kosovo, UNMIK will
develop mechanisms to ensure that the police, courts,
administrative tribunals and other judicial structures are
operating in accordance with international standards of criminal
justice and human rights. Any concerns will be brought to the
attention of UNMIK civilian police, the Judicial Affairs Office
or the independent commission on judicial appointments, as
appropriate.
86. UNMIK will also ensure that ICRC and other relevant
organizations have unimpeded access to detention facilities in
Kosovo. The treatment of detainees, the standard of prison
facilities and the running of prison facilities will be
monitored for compliance with international standards. UNMIK
will also ensure the identification and subsequent dissolution
of illegal detention facilities in Kosovo.
87. UNMIK will have a core of human rights monitors and
advisors who will have unhindered access to all parts of Kosovo
to investigate human rights abuses and ensure that human rights
protection and promotion concerns are addressed through the
overall activities of the mission. Human rights monitors will,
through the Deputy Special Representative for
Institution-building, report their findings to the Special
Representative. The findings of human rights monitors will be
made public regularly and will be shared, as appropriate, with
United Nations human rights mechanisms, in consultation with the
Office of the United Nations High Commissioner for Human Rights.
UNMIK will provide a coordinated reporting and response
capacity.
88. A particularly acute human rights problem in Kosovo is
uncertainty about the whereabouts of family members who have
gone missing during the conflict. Abductions have also occurred
after the conflict ended. UNMIK will support the efforts of ICRC
and ICTY on this issue, and the Special Representative will use
his executive authority to directly intervene, when necessary,
on the issue of missing persons. UNMIK will also undertake
efforts to build and support local human rights capacity, based
on experience within Kosovo civil society.
89. Recognizing that a strong system of human rights
protection offers accessible and timely mechanisms for the
independent review, redress and appeal of non-judicial actions,
an ombudsperson institution will be established in Kosovo. It
will receive, inter alia, complaints regarding the abuse,
if any, of authority by the Interim Civil Administration and any
emerging local institutions and any non-state actors claiming or
exercising authority. The Ombudsperson's office will consist of
national ombudspersons, supported by national and international
professional staff.
90. The Ombudsperson, to be appointed by the Special
Representative, will have jurisdiction over allegations of human
rights by any person or entity in Kosovo, and will have the
authority to conduct, either on its own initiative or in
response to an allegation by any person or entity, its own
investigations. It will take all necessary action to address
those violations, including by directly intervening with
relevant authorities, which will be required to respond within a
time limit as prescribed by the Ombudsperson. The Ombudsperson
will make recommendations to these authorities, including on the
compatibility of domestic laws and regulations with recognized
international standards. The Ombudsperson will provide a regular
report to the Special Representative and make its findings
public.
C. Humanitarian component
91. The humanitarian component will be led by UNHCR. The
success of the humanitarian aspects of the Kosovo operation will
depend on how quickly and accurately a clear needs assessment
can be conducted and translated into action, utilizing funds
provided by the international donor community. It is essential
that humanitarian activities be closely coordinated with those
devoted to reconstruction.
1. Humanitarian assistance
92. The priority for the humanitarian community is to ensure
that adequate shelter, food, clean water, medical assistance and
employment will be available to meet the needs of the growing
number of returnees inside Kosovo itself. In collaboration with
developmental partners, the United Nations system agencies are
also preparing programmes for the longer-term rehabilitation,
reconstruction and development of the region.
93. In the coming weeks, UNHCR will design and implement a
protection strategy to address the protection needs of returning
refugees and IDPs, as well as Croatian Serb refugees and the
Serb and Roma ethnic minorities in Kosovo. Humanitarian
programmes will also target urgent and essential infrastructure
repairs and short-term rebuilding efforts to ensure that the
population at large are prepared for the approaching winter.
UNHCR will also provide for the transport and distribution of
materials that will be used to provide shelter to families whose
houses were largely destroyed.
94. IFRC, complemented by IOM, will work with Kosovo's Red
Cross structure to support activities aimed at longer-term
rehabilitation of health services, agriculture, village water
systems, hospital training and psycho-social support.
95. WFP and NGOs will continue to furnish food supplies from
stocks in Albania and the former Yugoslav Republic of Macedonia,
and are establishing a supply line from Thessaloniki via Skopje
into Kosovo. Daily deliveries of bread are also supplied from
Kukes in Albania to Djakovica in western Kosovo.
96. WHO, UNICEF and NGOs have commenced the distribution of
drug kits throughout Kosovo.
97. The Food and Agriculture Organization of the United
Nations (FAO) is currently assessing the region's agricultural
needs in the coming months. The means will be provided to enable
farmers to protect livestock and make provision for the autumn
planting.
98. The success and efficiency of the humanitarian operation
will depend on a coordinated and coherent approach. To this end,
UNHCR has established an inter-agency coordination unit with
direct support from the Office for the Coordination of
Humanitarian Affairs of the United Nations Secretariat.
2. Mine action
99. UNMACC will plan mine action activities and act as the
point of contact and coordination between the various mine
action partners, including KFOR, United Nations agencies and
international organizations, NGOs and commercial companies.
During the initial emergency phase, UNMACC will focus on mine
action in support of humanitarian relief, the repatriation and
resettlement of refugees and IDPs, and the deployment of UNMIK.
This includes setting up an information management system for
mine action database, defining the scope of the mine/UXO threat,
mobilising mine action resources, conducting mine action liaison
and planning with KFOR, planning and coordinating the efforts of
the humanitarian mine action resources in support of the UNHCR
return plan, and responding to other humanitarian needs.
100. In the longer term, UNMACC will coordinate mine action
support for the reconstruction of Kosovo; assist local
authorities in the development of a comprehensive and integrated
mine action plan; disseminate, manage and collect
mine/UXO-related information; develop technical and safety
standards; and perform quality assurance management tasks. In
performing these functions, UNMACC will investigate the
feasibility of utilizing indigenous and other mine action
capabilities and retain the option of contracting for this
purpose. UNMACC will also coordinate a Kosovo-wide, initial
survey of the mine and unexploded ordnance threat in order to
determine the scope of the problem and establish priorities for
the allocation of available and anticipated mine action
resources. The information management system for mine action
that has been set up at KFOR headquarters, will be transferred
to UNMACC as soon as the latter is fully operational.
D. Reconstruction component
101. UNMIK has an obligation to promote peace and prosperity
in Kosovo and to facilitate the development of an economic life
that brings better prospects for the future. In paragraph 11 (g)
of its resolution 1244 (1999), the Security Council mandates
UNMIK to support the reconstruction of key infrastructure and
other economic and social systems. This component of the mission
will be led by the European Union.
102. The main functions of the reconstruction component will
be to plan and monitor the reconstruction of Kosovo; prepare and
evaluate policies in the economic, social and financial fields;
and to coordinate between the various donors and international
financial institutions in order to ensure that all financial
assistance is directed towards the priorities indicated by
UNMIK. Since policies in the economic, social and financial
fields will, in many cases, have a bearing on the work of the
other components of UNMIK, it is important that these policies
be properly coordinated within UNMIK.
103. The Special Representative will seek to create a viable,
market-based economy and to develop a comprehensive approach to
the economic and social development of Kosovo, taking into
account, inter alia, the Stability Pact for Southeastern
Europe. Under his direction, UNMIK will consult with
representatives of Kosovo communities, the United Nations
Development Programme (UNDP) and other relevant United Nations
organizations, and will seek the advice and guidance of
international financial institutions in order to develop a
comprehensive programme for the economic and social
stabilization and development of Kosovo. Such a programme will
map the institutional framework which should prevail in the
medium term, and will elaborate policy actions which are
compatible with it.
104. As an urgent priority, UNMIK will thoroughly assess the
existing legal, financial, and fiscal structure and capacities
in order to put in place policies for the recovery, development
and future integration of Kosovo into a healthy and expanding
regional economy in Southeastern Europe. Among others, these
policies will encompass trade and commercial issues, currency
and monetary issues, and a banking system.
105. Reconstruction and economic recovery of Kosovo will
occur in three overlapping phases, which will encompass
immediate humanitarian relief, reconstruction and
rehabilitation, and the creation of a viable market economy and
equitable social system.
106. In addition to humanitarian measures, which remain an
urgent necessity, the rehabilitation of essential services
(power, water, sanitation, health education) and infrastructure
require immediate attention. In this regard, an emergency
programme to maintain the payroll and recurring costs of
essential services in the Interim Civil Administration is of
particular urgency, pending development of a system for revenue
generation. Other priority needs in the short term include
restarting local economic activities (including small and medium
enterprise development) and the restoration of social protection
systems.
107. Pending the finalization of a programme for
stabilization and development, it will be of paramount
importance that these basic service and support activities start
as soon as possible and target resident populations, returnees,
internally displaced persons and other war-affected and
vulnerable populations alike. These short-term activities should
be identified, planned and implemented in conjunction with
resettlement measures, the establishment of interim civil
administrative structures, and institution-building activities.
108. Projects in the long-term category will include
investment in capital infrastructure as well as human resources
development. These projects will be selected on the basis of
assessments of inherent future revenue potential conducted by
the international financial institutions or other appropriate
international institutions. Financial support will be obtained
with the assistance of foreign donors in the first instance and
from domestic sources, including public revenue collection. As a
general consideration, foreign financial assistance should take
into consideration Kosovo's economic size and absorptive
capacity. Disproportionately large inflows of funds risk
distorting the structure of the Kosovo economy.
109. With respect to international assistance, the European
Community (EC) and the World Bank will organize an initial donor
conference on 28 July 1999, to cover relief as well as urgent
reconstruction requirements. This will be followed in the coming
months by donor pledging conferences for reconstruction
requirements.
VII. GENERAL STRATEGY
110. The work of UNMIK will be conducted in five integrated
phases. The first phase will focus on the establishment
and consolidation of UNMIK's authority and the creation of
interim UNMIK-managed administrative structures. To ensure
participation from the outset, local consultative bodies will be
established at both the political and the functional levels.
Deployment of international civilian police liaison officers
with KFOR public security units will be accelerated. The
provision of emergency assistance to returning refugees and the
internally displaced will also be a major priority, as will the
early commencement of shelter reconstruction to ensure
completion before the onset of winter. Basic public services
will be restored and maintained, and capacity-building
activities, including police and judicial training, will be
carried out.
111. UNMIK will also develop a phased plan for economic
recovery and development. UNMIK will need to develop expenditure
priorities bearing in mind both reconstruction and social needs,
as well as the most appropriate division of responsibility
between central and local authorities. Customs revenue will
represent one of the most important sources of finance to meet
public expenditures in the short term. As soon as UNMIK can
deploy civilian customs agents at Kosovo's international
borders, it will commence collection of customs revenues for use
to meet Kosovo public spending needs.
112. UNMIK will aim at the establishment and maintenance of a
viable, self-sustaining economy covering, inter alia,
public finance, trade and commerce, currency and monetary
policies, customs, and fiscal as well as banking issues.
113. Once conditions of basic stability have been achieved,
the second phase of UNMIK's efforts will be directed
towards the administration of social services and utilities, and
the consolidation of the rule of law. UNMIK will continue to
encourage the revival of broadly representative political
activity and political expression, including through assistance
to the formation of political party structures. It will also
encourage the strengthening and deepening of civil society
through, inter alia, the revival of print and broadcast
media and the promotion of reconciliation at the grass-roots
level. These efforts will have as their goal the promotion of
harmonious relations between all ethnic communities within
Kosovo. In this phase, it is expected that there will be
intensive efforts to build, and where possible restore, basic
economic structures, such as payments systems, public finances
and hard budget constraints, so as to promote economic and
social development as well as to make donor assistance efforts
effective and sustainable. During the latter stages of phase
two, it is expected that provisional transfer of executive
authority for the management and administrative functions of
specific sectors, such as health and education, could begin at
the local and possibly regional levels. Preparations will also
begin for the conduct of elections.
114. Once sufficient progress has been made towards the goals
set for the second phase, UNMIK will move into the third
phase. The emphasis during this phase will be the
finalization of preparations for and the conduct of elections to
what may be termed the Kosovo Transitional Authority. This will
require UNMIK to ensure the necessary preconditions for free and
unfettered political expression, free assembly, and campaigning
by parties and candidates, including through equitable access to
the media. This will also involve UNMIK-managed or conducted
voter registration, electoral training, and monitoring of votes
and ballot-counting. During this phase, administrative and
economic revival will continue and deepen. Local revenue
generation should increasingly replace international assistance.
It is envisaged that efforts to facilitate the political process
designed to determine Kosovo's future status, taking into
account the Rambouillet accords, will be intensified during this
phase of UNMIK's work.
115. In the fourth phase, UNMIK will oversee and, as
necessary, assist elected Kosovo representatives in their
efforts to organize and establish provisional institutions for
democratic and autonomous self-government. As these are
established, UNMIK will transfer its remaining administrative
responsibilities while overseeing and supporting the
consolidation of Kosovo's local provisional institutions.
116. A concluding fifth phase will depend on a final
settlement and the dispositions made therein. As provided for in
paragraph 11 (f) of Security Council resolution 1244 (1999), in
a final stage UNMIK would oversee the transfer of authority from
Kosovo's provisional institutions to institutions established
under a political settlement.
VIII. OBSERVATIONS
117. The adoption of Security Council resolution 1244 (1999)
and the deployment of KFOR and UNMIK has marked the end of a
tragic chapter in the history of the people of Kosovo. The task
before the international community is to help the people of
Kosovo to rebuild their lives and heal the wounds of conflict.
Reconciliation will be a long and slow process. Patience and
persistence will be needed to carry it through.
118. The concept outlined in the present report to implement
this challenging mandate is a novel one. Four international
organizations and agencies will be working together in one
operation under one leadership. None of them would be able to
span the wide range of complex activities on its own. Setting up
an interim administration, providing humanitarian relief,
building democratic institutions and restoring an entire economy
would go beyond the competence and capabilities of just one
organization. The cooperation of the lead agencies and those
other organizations which will contribute to the four components
will set a precedent for the future.
119. During the interim period, UNMIK will endeavour to
promote, in cooperation with KFOR, an atmosphere of security and
safety that will enable all refugees and internally displaced
persons, regardless of their ethnicity, to return freely to
their homes and live there in conditions in which the highest
standards of human rights and fundamental freedoms are
respected. It will, furthermore, endeavour to create conditions
of normalcy in Kosovo under which all peoples can enjoy the
benefits of democracy and self-governance. UNMIK will ensure at
an early stage the involvement of local leaders in the interim
administration through the Kosovo Transitional Council and
sectoral joint consultative committees. Nobody can be excluded
from this process. I strongly encourage all ethnic communities
and parties in Kosovo to demonstrate restraint and tolerance and
fully cooperate with the international community in the
implementation of tasks defined by the Security Council in its
resolution 1244 (1999). I wish to remind them that the only
legitimate path to any future political settlement for Kosovo is
through the mechanisms envisioned in Council resolution 1244
(1999). I also urge the Government of the Federal Republic of
Yugoslavia to cooperate fully with the provisions of that
resolution.
120. The Security Council has mandated the United Nations
with an unprecedented challenge in Kosovo. To meet this
challenge and fulfil the responsibilities entrusted to the
Organization, significant financial resources and personnel,
including experts in various fields, will be required
immediately. As indicated above, the situation on the ground in
some areas remains tense, and I am particularly concerned about
the continued harassment and lack of security of minority groups
in Kosovo. The full deployment of KFOR and UNMIK personnel will
undoubtedly contribute to the easing of these tensions. In order
to create a climate of law and order, UNMIK must rapidly deploy
international police throughout Kosovo. I commend those
Governments which have offered police personnel for this purpose
and appeal to other Member States to urgently place police
officers at UNMIK's disposal. Their early arrival is essential
if we are to stem the tendency towards lawlessness which is
taking hold in some areas. I also count on the Security
Council's support on this matter.
121. If we are to succeed to establishing the rule of law as
the basis for the development of democratic institutions, it is
also vital to rapidly revive the judicial penal systems of
Kosovo. Reconciliation will not begin until those suspected of
committing the most serious crimes, especially war crimes, are
brought to justice. I appeal to Member States to place at
UNMIK's disposal sufficient resources in terms of personnel and
experts to meet the tremendous needs in this area.
122. The strong and committed financial backing of the donor
community will enable relief agencies to continue humanitarian
assistance to all those in need in Kosovo. The Office for the
Coordination of Humanitarian Affairs will shortly present to
donors a Consolidated Inter-agency Appeal that will outline
funding requirements to enable agencies and their partners to
move forward with the implementation of humanitarian operations
in Kosovo. At this stage, the priority humanitarian need is for
the rehabilitation of shelter. Efforts must begin immediately if
people whose homes were damaged or destroyed during the war are
to be protected from the oncoming winter.
123. Aside from humanitarian assistance, there is a broad
variety of urgent needs in the aftermath of the Kosovo conflict.
Most essential is the payment of local salaries in the public
sector. I commend those Governments that have already provided
funding for salaries, and appeal to other Member States to make
available the far greater resources required. If we are not able
to meet this requirement, we will face a collapse of the public
sector in Kosovo which will have tremendous implications for
social order and jeopardize the success of the Interim
Administration. A long-term commitment in reconstruction and
restoration will also be required. A Trust Fund established in
the Office of the Special Representative will provide a
temporary facility through which such needs can be met. I
commend those Governments which have already contributed to this
Fund and appeal to other Member States urgently to make
available the necessary resources.
124. In order to achieve its goals, it is essential that all
components of UNMIK act in a fully integrated manner and speak
with one voice. Consultations with the EU and OSCE regarding
modalities of their participation in the integrated structure of
the United Nations Interim Administration Mission in Kosovo are
continuing, and I will inform the Council of their results
accordingly.
125. I will also inform the Council of the financial
implications of the present report in due course.
126. The United Nations welcomes the opportunity to rise to
the challenge of restoring peace, security, good governance and
development to the shattered society of Kosovo. Such a mission
goes to the heart of the purposes and principles of the
Organization. Its effectiveness in responding to them is,
however, dependent on prompt and strong support from the Council
and Member States.
127. In conclusion, I would like to thank my Special
Representative ad interim, Sergio Vieira de Mello, and
the advance team of UNMIK personnel for the exceptional work
they have done, under very difficult conditions, in establishing
the mission and planning for its future. I would also like to
pay tribute to all those international organizations, including
KFOR, OSCE, the Council of Europe and the EU, for their
assistance and cooperation in this collaborative effort. |