>From: "Jon Corlett" <[EMAIL PROTECTED]> > >VIOLATIONS OF THE SECURITY COUNCIL RESOLUTION 1244 (1999) > >OVERVIEW > >1. Affirmation of the sovereignty and territorial integrity of the FR of >Yugoslavia: United Nations Security Council resolution 1244 (1999) >unambiguously confirms the sovereignty and territorial integrity of the FR >of Yugoslavia in Kosovo and Metohija (preambular para 10; Annex 2 para 8). >The Resolution limits the mandate of the international security (KFOR) and >civilian (UNMIK) presence to the establishment of conditions for an >unimpeded return of all refugees and displaced persons (paras 1 and 5, >Annex 1; paras 1 and 4, Annex 2), safe environment (op. para 9 c), >preservation of the multi-ethnic, multi-confessional and multi-cultural >character of Kosovo and Metohija and of the basic civilian and >administrative functions (operative para 11 b), with a view to ensuring >conditions for a political solution on the basis of the establishment of a >substantial autonomy within the FR of Yugoslavia (operative para 10). >2. Security of citizens: The Government of the FR of Yugoslavia notes with >concern that KFOR and UNMIK have not fulfilled their obligation >to guarantee security to all citizens in Kosovo and Metohija and to ensure >a safe environment for the return of all refugees and internally displaced >persons (op.para 9 c; Annex 1 para 5, Annex 2 para 7). >KFOR and UNMIK, and the UN Secretary-General's Special Representative B. >Kouchner in particular are, since they ignore the mandate they have been >entrusted to and grossly violate UN SC resolution 1244 (1999), directly >responsible for the lawlessness and chaos prevailing in the Province, for >massive crime, usurpation of the State and private property as well as for >terror, killings, abductions and ethnic cleansing of Serb and other >non-Albanian population. >3. Genocide and ethnic cleansing: Since the deployment of KFOR and UNMIK, >on 12 June 1999, more than 350,000 non-Albanians, primarily Serbs, >Montenegrins, as well as Roma, Muslims, Turks, Goranci and others have been >forcibly driven out of the Province. As many as 768 Serbs were killed and >673 abducted. Not a single perpetrator of these serious criminal acts has >been arrested or brought to justice, which clearly demonstrates the >efficiency of UNMIK police and their protective attitude towards Albanian >terrorists. Most of these serious crimes have been committed by the members >of the so-called KLA, later absorbed into the so-called Kosovo Protection >Corps (KPC). > The remaining Serbs in the Province have been subjected to constant >terror and provocation, herded into few enclaves. KFOR and UNMIK lack any >serious willingness and readiness to protect the remaining Serbs and >members of other non-Albanian ethnic groups in Kosovo and Metohija, exposed >to constant terror and pressure to leave the Province, whereby KFOR and >UNMIK became direct accomplices in ethnic cleansing and genocide in the >southern Serb Province. A telling example of this is a several months-old >blockade of Orahovac by Albanian terrorists, who have virtually turned this >town into a first Nazi ghetto in post-war Europe. >4. Destruction of cultural monuments: In their genocidal campaign of >wiping out all Serb heritage, Albanian terrorists so far destroyed or >damaged more than 80 monasteries and churches of the Serb Orthodox Church, >some of which date back to the XII century and represent a part of not only >Serbian but world cultural heritage. >5. Tolerant attitude and support to terrorists: By their tolerant attitude >towards a systematic campaign of ethnic cleansing and genocide against Serb >and other non-Albanian population, KFOR and UNMIK bear sole responsibility >for the violation of the provisions of UN SC resolution 1244 (1999) on the >preservation of a multi-ethnic, multi-confessional and multi-cultural >character of the Province. KFOR and UNMIK's failure to implement UN SC >resolution 1244 (1999) or gross violations thereof, represent the cause of >lawlessness and chaos in the Province. >6. Violation of the UN Security Council mandate: UNSG Special >Representative and Head of UNMIK B. Kouchner with his arbitrary and >unilateral decisions continuously and flagrantly violates the mandate set >out in UN SC resolution 1244 (1999) and related documents. B. Kouchner has >issued 25 regulations so far, all of which have no basis in UN SC >resolution 1244 (1999), and are aimed at severing all ties of the Province >with the Republic of Serbia and the FR of Yugoslavia, i.e. at completely >separating the Province from the constitutional, legal, economic, customs, >monetary and banking system of the FR of Yugoslavia and the Republic of >Serbia, which is in direct contravention of UN SC resolution 1244 (1999) >and related documents, reaffirming the sovereignty and territorial >integrity of the FR of Yugoslavia in Kosovo and Metohija. >Kouchner has illegally seized all legislative, executive and judicial >power in the Province (Regulation 1999/1 of 25 July 1999). By his >regulation 1999/3 of 31 August 1999, he established a separate customs >service. By his regulation 1999/4 of 2 September 1999, Kouchner illegally >transferred monetary functions to local authorities and introduced the >German Mark as a legal tender. With regulations 1999/16 and 1999/17 of 6 >November 1999 and regulations 1999/20 and 1999/21 of 15 November 1999, he >introduced a "Central Banking and Payments Authority", i.e. a separate >banking system in Kosovo and Metohija. >- By Kouchner's regulation 1999/5 of 4 September 1999 on an Ad Hoc Court >of Final Appeal, de facto a supreme court of the Province, was actually >established, while regulations 1999/6 and 1999/7 of 7 September 1999 >regulated the administration of justice and prosecution in the Province, >favouring Albanians, with a large number of KLA members including among >judges. Disastrous consequences are evident: so far, no terrorist has been >brought to justice or convicted of serious crimes against the Serbs and >other non-Albanian population. >- Entrusting the regulation of the importation, transportation, >distribution and sale of petroleum products regime to illegal local >authorities controlled by KLA, otherwise a prerogative of the State >sovereign rule (regulation 1999/9 of 24 September 1999), constitutes a >gross violation of UN SC resolution 1244 (1999). >- The same situation prevails concerning the control of payments and >services, post and telecommunication services, granting permits for the >establishment of financial institutions and registration of vehicles, all >of which are uniformly regulated in the entire territory of the FR of >Yugoslavia (regulations 1999/11 of 13 October 1999, 1999/12 of 14 October >1999, 1999/13 of 16 October 1999 and 1999/15 of 21 October 1999). >- UNMIK has been illegally issuing personal documents (vital statistics >records, intention to issue personal IDs) to citizens, without the official >FRY State symbols, on the pretext that Albanians would not accept documents >with official symbols of the FR of Yugoslavia and the Republic of Serbia. >The policy of giving in to the Albanians is also in evidence in connection >with the registration of the population. >- The FRY State property has been illegally transferred to foreign legal >persons (taking control of "Beopetrol" and "Jugopetrol" companies, forcible >seizure of "Beobanka" branch offices, assigning mobile telephone network >service to French "Alcatel"). >- By Kouchner's decision, Kosovo and Metohija has been taken out from a >single power supply system of Serbia and the FR of Yugoslavia and connected >with the power supply systems of Albania and Macedonia, grossly violating >the sovereignty and territorial integrity of the FRY. >- By preventing the activities of media outlets in Serbian and forcible >seizure of their premises and equipment, favouring at the same time the >media in Albanian, not only has destroyed a single media system of the FR >of Yugoslavia and Republic of Serbia but encourages discrimination based on >ethnicity, contrary to the basic intentions of the SC Resolution on the >preservation of the multi-ethnic, multi-cultural and multi-confessional >character of the Province. >- Without prior approval of the competent FRY authorities, KFOR and UNMIK >have established international transport between the Province and some >States, including those with which the FR of Yugoslavia does not have >diplomatic relations. The establishment of local air, railway and other >transport between the Province and other parts of the single FRY territory >has been prevented, which is particularly unacceptable. >7. Establishment of illegal organs of administration: By a fait accompli >tactic, without consulting legal representatives of the Republic of Serbia >and the FR of Yugoslavia, Special Representative Kouchner has illegally >established the so- called Interim Administration Council, de facto >provincial "Government", comprised exclusively of Albanians, mostly leaders >of the terrorist so-called KLA and Albanian separatist political parties, >in an attempt to legalise an ethnically pure Kosovo and Metohija, contrary >to UN SC resolution 1244 (1999). >8. Blocking a political settlement: UNMIK and B. Kouchner do not accept >dialogue and co-operation with representatives of the Governments of the FR >of Yugoslavia and the Republic of Serbia on questions of interest for the >stabilisation of the overall security, economic and political situation in >the Province. >The contact between UNMIK and the Government of the FR of Yugoslavia >concerning substantial autonomy and self-government in Kosovo and Metohija >(Resolution op.para 11 a; Annex 1 para 6 and Annex 2 para 5) has not been >established. UNSG Special Representative Kouchner persistently continues to >ignore repeated requests of the Government of the FR of Yugoslavia >addressed to the UN Secretary-General and the Security Council to start >negotiations on substantial autonomy in Kosovo and Metohija (op.para 11 a; >Annex 2 para 8) between the legitimate representatives of the Republic of >Serbia and the FR of Yugoslavia and the representatives of all ethnic >communities in Kosovo and Metohija. >9. Control of the State border: KFOR and UNMIK do not carry out their >obligation to control the State border of the FR of Yugoslavia towards >Albania and Macedonia (op.para 9 g), which is why more than 200,000 >foreigners came to the territory of the FRY, including a large number of >the terrorists of the so-called KLA and criminal gangs, especially the >narco-mafia, illegal arms and white slave traders, etc., whereby Kosovo and >Metohija has become the centre for the expansion of organised crime >throughout Europe. Illegal entries to the FR of Yugoslavia have not stopped >despite the assurances by KFOR and UNMIK that they consistently implement >their obligations arising from the Resolution, regarding the safeguarding >of the FRY international border. >10. Return of the Army of Yugoslavia (VJ) and police: The return of the >agreed number of members of VJ and Serb police in Kosovo and Metohija is >still unjustifiably prevented and delayed (Annex 2 para 6), which >additionally encourages Albanian terrorists to continue with their daily >terror against the Serb and other non-Albanian population with a view to >completing the ethnic cleansing of the Province. >11. Demilitarisation and disarming of the so-called KLA: Terrorist so- >called KLA has not been disarmed or demilitarised, which represents one of >the most serious examples of gross violation of UN SC resolution 1244 >(1999) (op.para 9 b and op.para 15). Only a token quantity of antiquated >arms were surrendered. Secret arms caches of terrorists are being revealed >every day. The border with Albania and Macedonia has not been closed, >whereby KFOR and UNMIK continue to enable the entry of armed terrorists and >large quantities of arms in the Province. This has been testified to by >daily armed attacks of Albanians on Serb enclaves, buses and other means of >transport carrying Serb and other non-Albanians as well as against their >houses, land and other property. >12. Transformation of the so-called KLA: The establishment of the so- >called Kosovo Protection Corps (KPC), which is made up of members of the >terrorist so-called KLA (in Albanian translation "corps" means "force"), >has actually legalised this terrorist organisation as well as its former >leadership and enhanced its combat organisational structure. While the >leadership of the so-called KPC has retained a wide authority through >"transformation" - its members publicly carry light weapons and they hide >their heavy weapons in hide-outs whose location is known to KFOR. At the >same time, "KPC" leadership or the former leaders of the terrorist >so-called KLA publicly state that "KPC", as a parallel structure of the >so-called KLA, represents a model for the future "Kosovo Army". >13. Security and freedom of movement for international representatives: >Passive attitude of KFOR and UNMIK towards several-months long Albanian >blockade of the deployment of a Russian KFOR contingent in Orahovac, >confirms their protective stance towards Albanian terrorists and represents >an open violation of UN SC resolution 1244 (1999) on security and freedom >of movement of KFOR and UNMIK, as well as other international organisations > (op.para 9 h). >14. Legal status of the UN peace-keeping mission: Proceeding from the fact >that Kosovo and Metohija is part of the sovereign territory of the FR of >Yugoslavia, the Government of the FR of Yugoslavia, as the host, has >initiated, since the deployment of international security and civilian >presence under the auspices of the United Nations in Kosovo and Metohija, >the conclusion of an appropriate agreement with the United Nations >concerning the legal status of this mission, which did not take place due >to the refusal on the part of the United Nations. >15. Para-diplomatic missions and visits by foreign officials: UNMIK has >allowed the illegal establishment of para-diplomatic missions of some >countries in Kosovo and Metohija, in a gross violation of the principle of >the sovereignty and territorial integrity of the FR of Yugoslavia. >Despite the repeated official protests by the Government of the FR of >Yugoslavia addressed to the Security Council, the Secretary-General and >KFOR and UNMIK, an illegal practice continues of establishing "diplomatic >offices" of foreign States in Kosovo and Metohija, which constitutes a >drastic violation of Security Council resolution 1244 (1999) and Article 2 >of the Vienna conventions on diplomatic and consular relations, as well as >a hostile act towards a receiving country whose sovereignty is flagrantly >violated, because it is done without its prior consent. >Ignoring the warnings and overriding the official protests by the FR of >Yugoslavia an unacceptable practice is being continued of not notifying the >visits of foreign officials to Kosovo and Metohija, thus violating the >provisions of SC resolution 1244 (1999) and Annex 2 paras 5 and 8, and the >Vienna Convention on Diplomatic Relations and the existing Yugoslav visa >regime. >The Government of the FR of Yugoslavia insists that this illegal practice >be immediately terminated and that the behaviour of all factors in the >Province be strictly in accordance with the provisions of the Resolution >and the applicable international conventions and practice. >16. Responsibility of KFOR and UNMIK: KFOR and UNMIK are responsible for >disturbing developments in the Province. By failing to comply with the >clear responsibilities under SC resolution 1244 (1999) and the relevant >documents or by interpreting them arbitrarily as well as by an inadmissibly >tolerant attitude towards Albanian terrorists, KFOR and UNMIK bear full >responsibility for the crimes of genocide and systematic ethnic cleansing >that are being perpetrated against Serbs and other non-Albanian population >in their presence, thus using the UN peace-keeping mission as a smoke >screen and actually becoming accomplices in these serious crimes. >17. Responsibility of the UN Security Council: Under SC resolution 1244 >(op. paras 19 and 20), the Security Council guarantees its implementation. >In view of the tragic situation in Kosovo and Metohija and systematic >violations of all crucial provisions of UN SC resolution 1244 (1999) and >the Military Technical Agreement, the FR of Yugoslavia demands that the >Security Council undertake without delay most energetic steps and measures >for their consistent implementation and prevent all attempts at departing, >postponing to carry out or arbitrarily interpreting the provisions of this >Resolution. >In that context, the Government of the FR of Yugoslavia energetically >demands that the Security Council rescind, without delay, all illegal >decisions of UNSG Special Representative B. Kouchner and take other >measures, as may be necessary, to have the situation in Kosovo and Metohija >restored to its previous state. >All decisions of KFOR and UNMIK which are contrary to the Resolution and >related documents imply either their gross violation or arbitrary >interpretation, particularly regarding strict respect for the sovereignty >and territorial integrity of the FR of Yugoslavia in the southern Serb >Province, are considered by the Government of the FR of Yugoslavia null and >void and cannot have any legal effect. > >Belgrade, 10 January 2000 > > > > > > >_______________________________________________________________________ > > >REVOLUTION, COMMUNIST & CONTINUOUS ! ! ! > > http://www.geocities.com/CapitolHill/Congress/8805/ > >LENIN & RUSSIAN REVOLUTION PAGES: http://members.xoom.com/joncorlett/ > >RCP SITE: http://www.geocities.com/jcorlett8/ > >CHINA COMREV SITE: http://www.geocities.com/jcorlett3/ > >E Mail: [EMAIL PROTECTED] > >To Subscribe or Unsubscribe; Click Reply in E Mail Program, > >enter 'Subscribe' or 'Unsubscribe' on Subject line and Send to: > > [EMAIL PROTECTED] > >If wish to receive only certain types of Revolutionary Communist Information >Please Specify. > > >_______________________________________________________________________ > > __________________________________ KOMINFORM P.O. 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