Memorandum of Conversation
Internal
Memorandum
Subject:
SRSG’s meeting with the MAPs of Northern Municipalities
Date: 7
December 2006
Venue: Zvečan/Zvecan
Municipality
Municipal
Assembly Presidents:
Mr. Dragisa
Milovic (DM) – Municipal Assembly President of Zvečan/Zvecan;
Mr. Slavisa Ristic (SR) - Municipal Assembly President
of Zubin Potok/Zubin Potok;
Mr. Velimir Bojovic (VB) - Municipal Assembly President
of Leposavic/Leposaviq.
UNMIK
participants:
Mr. Joachim
Ruecker, Mr.
Gerard Gallucci, Mr. Dennis Besedic, Ms. Myriam
Dessables, Mr. Juozas Kazlas, Mr. Andrei Efimov, Mr. Jean-Luc Sintes,
Ms. Lilia Galieva, Mr. Kerim Bardad-Daidj.
DM
welcomed the SRSG and introduced his colleagues.
SRSG
expressed appreciation of this opportunity to discuss some practical
issues with the presidents for the first time since he assumed his
current post. He acknowledged a significant number of visitors to the
north recently, including SE and representatives of CG and assessed
this as a positive development. SRSG then gave a briefing regarding
the status process. He explained that UNMIK does not have a direct
role in the process but rather acts as facilitator and “voice from
the ground” for UNOSEK. He mentioned that he will deliver his next
report on Standards Implementation to New York on 13 December. It can
be expected that the SE will present status package right after
elections in Serbia. Regarding elections UNMIK - like in the past -
will neither support nor hinder relevant activities in Kosovo while
ensuring FOM, safe and secure environment as it does in any other
period of time. As soon as the package is tabled, consultations are
envisioned in Belgrade and Pristina followed by presentation of the
package in New York. Timely conclusion of the process is expected.
The period between the Resolution and “the Status Day” will be
transition from UNMIK to a follow-on International Civilian Office
which should be well prepared. It can take three-six months. The
substantial part of the status package will include decentralization,
establishment of new municipalities, protection of cultural sites and
minorities, especially of their vital rights. UNMIK can be engaged in
explaining these things, particularly the importance of
decentralization, which is not yet understood everywhere. The SRSG’s
experience as a mayor in Germany showed that decentralization will
mean strengthening of local self-government, but also strengthening
the cohesion of Kosovo. It will include establishment of new
municipalities. The latest Pristina proposal stipulates that up to
90% of K-Serbs will live in predominantly Serbian municipalities in
southern and northern Kosovo. It seems that IC accepted “asymmetric”
competences, which will be exercised more by K-S municipalities. IC’s
intention is to make K-Serbs largely self-governed within Kosovo and
managing its everyday life as well as its heritage.
Speaking
about practical issues SRSG mentioned that UNMIK had been
trying to engage IC more in the northern municipalities, to bring
donors to the north. The estimated amount of recent IC funding is
about 1.5 million Euros. It could be even more if not for
non-acceptance of funding from PISG valued roughly at two million
Euros in wages and salaries for healthcare and education, QIPs and
some other KCB budget lines. SRSG encouraged the presidents to
reconsider this stance because that money belongs to Serbian
community. He stressed importance of participation of northern
municipalities in 2007 budget process.
SRSG
also touched upon the issue of returns. He emphasized the imminent
completion of reconstruction in Svinjare and the need not to leave
the new houses uninhabited during winter.
DM
started from the last topic. He emphasized
that the problem of returns exists not only for K-Serb IDPs from
Svinjare but also from Obilic, and not only from 2004 but also from
1999. The PISG and the International Community failed to facilitate
returns of both. He opined that this situation should be objectively
reported in the upcoming UNMIK Standards Report. He also stressed the
very difficult situation with regard to those IDPs located in the two
unfinished buildings in Zvecan and hoped that the SRSG could help in
this regard. DM
mentioned that at the same time there are some returns of K-Albanian
to their reconstructed houses in the municipality.
DM
fully shared SRSG’s opinion regarding importance of
decentralization, especially of strengthened local self-governance.
With
regard to the municipal funding, DM
stressed
that despite the fact that part of the budget for 2006 was not spent
due to boycott of PISG institutions, this money belongs to the
Municipality as it comes from tax collection and border taxation.
Furthermore, the northern MAPs have proposed a solution that could be
acceptable for both sides and that is to deposit the money in special
alternative municipal bank accounts, but UNMIK did not accept this
option, though it worked well for EAR, USAID and “Mercy Corp”.
DM
added that
the only acceptable solution for Serbs with regard to Kosovo Status
is a one of compromise between Pristina and Belgrade and that he
disagrees with the statement made by the SE that a negotiated
solution is not possible between the two parties. Any imposed
solution would be unacceptable for K-Serbs, and negotiations should
continue. The SCR should embrace basic principles of SCR 1244.
DM
thanked the SRSG for his time and his visit and expressed wish to
have more of these meetings in the future.
SR,
while supporting main points made by the Zvecan MAP, expressed
concern that not only UNMIK is not playing role in status process but
also IC is not effectively involved. He opined that the entire
process is left to the SE who seems not to be interested in finding
of negotiated solution. Both K-Serbs and K-Albanians depend on the
substance of the status package and it should not be in hands of one
individual. It is rather a paradoxical situation: for many years
Serbs have been pressured to participate in dialogue and criticized
for lack of enthusiasm in this regard, and now they are told that a
solution cannot be found through dialogue.
SR
pointed out importance of economic decentralization. He cited one
example – numerous times explained to previous SRSGs - how Zubin
Potok had been economically exploited and discriminated.
As we first reported in 2005, the local Serbs believe that company
"Ibar Lepenac"-- based in Pristina and made up of
K-Albanians -- wrongly claims to represent the Ibar Company which
actually runs the Gazivode Dam and Hydro plant in Zubin Potok. “Ibar
Lepenac” is nothing more that a group of former Ibar employees who
misrepresented themselves as the proper management of Ibar in order
to collect the 10 million euros a year in payments for the water and
power from Gazivode. In return, the people who actually run the Dam
get nothing other than funds for 40 of the 200 people who work for
Ibar in the north. SR suggested that “Ibar Lepenac” should be
moved to Zubin Potok, where it can manage the supply and distribution
network for both sides of the River. SR
noted that the Serbs had never thought of stopping the water flow
into the south, though they were sure the Albanians would have done
it if the situation were vice-versa.
VB
noted that they had a number of meetings with the internationals,
where they presented their problems and their solutions for those
problems. However, the results were not tangible. He reiterated that
the IC had stated that first standards should be reached in order to
get the status. From all the standards, only the standard which
concerns creating of the KPC was achieved. The rest of the standards,
such as Freedom of Movement, Returns etc. have not been fulfilled.
Referring
to SRSG statement that he would present his report on Kosovo to SC on
13 December, VB pleaded that he present a real picture of
Kosovo. He gave an example of a recent celebration of Flag Day by
Albanians in the South of Kosovo and in Serbia (Bujanovac), where
Serb flag was replaced by Albanian flag.
Regarding
the influx of international funding to the North, VB stated
that it was true that there had been an increase of funding to the
North from IC; however, if it was compared to the funding in the
South during the last seven years, the proportion was negligible.
As an
example of skewed investments toward Albanian citizens, he presented
a case of a return project in three Albanian villages in Leposavic
Municipality (so called KBC villages). VB said that according
to one Albanian from those villages, some beneficiaries were not real
owners of the houses. They left the village after the war, because
they had killed some forest man in that area, but now they got the
houses as returnees. Also the infrastructure was not installed in
proper way. The roads were put along the ridge of the hill, in the
opposite direction from Leposavic. Having once served in the
military, he could tell that the road had been constructed with a
different purpose.
As for the
Serb IDPs, nothing was done. Without support from Serbian Government,
CCK and Red Cross, all those people would have died. Roma returns
have been also discussed for seven years. Mr. Pedersen gave even the
date when they would be back, but nothing was done. Currently,
Municipality of Leposavic is constructing a kindergarten in the town,
and the location is next to a Roma camp. Nobody could guarantee
hygienic standards in the kindergarten under those conditions. VB
asked that SRSG solve the problem, as his position enabled him to do
that.
In regards
to final status, VB stated that it should be based on
compromise. He further elaborated, that any other decision would not
pass. IC can try to convince K-Serbs that cohabitation between
K-Serbs and K-Albanians is possible, but not ethnically mixed
settlements.
VB
also commented that there was an agreement that there would no be
customs established on the border crossing, however, currently there
is a big sign “Customs Zone”. IC should be honest and see the
reality. K-Serbs could not survive if they were left to live together
with Albanians. There will be no survival of K-Serbs in the South,
regardless of decentralization arrangements. Even now we are
witnessing disappearance of Serbs from the South.
SRSG
disagreed with the notion that the SE is not interested in
negotiations. There were 10 months of intensive negotiations mainly
on four topics. Issues like split of former Yugoslavia’s debts had
been discussed in great details, a mutually acceptable solution was
found, and there was no need for further discussions. SRSG opined
that K-Serbs should be interested in keeping momentum and finding
solutions instead of maintaining a state of uncertainty.
SRSG
also rejected the statement that “nothing had been done” by UNMIK
on specific issues mentioned. Regarding unsolved criminal cases, he
informed that investigation is ongoing and some arrests had been made
and soon UNMIK will be able to report progress. However it also
depends on cooperation of people with Police. There are indications
that not all of them are ethnically motivated, although that does not
make them any better, nor does it mean that we do not need to solve
them.
DM
fully
agreed with the SRSG that there was no sound evidence that the
security incidents that took place in April and May, and which led to
municipal assembly decisions to suspend all cooperation with the
central PISG, were ethnically motivated. However, the concern is that
the number of security incidents increased, be they ethically
motivated or not, and that none of these cases was solved. They need
information, whatever it is.
Speaking
about returns, SRSG stated that there was increase in returns
after the Protocol between UNMIK and Belgrade was signed in June
2006. While acknowledging regretable delays in Roma return, he
informed interlocutors that in January 2007 actual returns to Roma
Mahalla could start and there is a need of good cooperation with the
K-Serbian community.
With regard
to “Ibar Lepenac”(whose
HQ apparently has always been in Pristina), SRSG
stressed that UNMIK cannot do anything outside institutions. Even
if valid, this case should be brought to the KTA Board, where a seat
is reserved for a K-Serb and a possibility of consensus decisions
exists. This particular case has never been discussed there. It can
be fixed not outside of institutions but inside when your voice is
heard. It would also be better if privatization of SOEs could have
started in the northern municipalities.
DM
explained that when saying “nothing” they meant tangible results
regarding returns.
About
participation in Kosovo institutions, he expressed view that
participation of K-Serbs in the past resulted in March 2004. The only
outcome of an appointment of K-Serb as minister of MCR was
embezzlement of few million Euros and no returns. DM
reiterated that K-Serbs would like to take part in institutions that
would be democratic and where they won’t be outvoted by the
majority community and where they will not simply serve as
decoration.
DM
raised issue of electricity. He referred to confusing information
regarding present status of negotiations in Belgrade between CCK and
UNMIK on a possibility for K-Serbs to receive donation of electricity
from Serbia. In this regard, SRSG
stressed that the negotiations between KEK and CCK are still
on-going, despite some premature statements from CCK. However, there
is a fairly good chance that an agreement between CCK and KEK will be
reached. K-Serbs have been receiving electricity for a long time. The
agreement should also deal with this situation. DM
fully agreed that K-Serbs should be paying with some special
arrangements for IDPs, unemployed and other social cases. But it also
true that consumers should have a right to choose distributor, which
is impossible with the existing monopoly. Serbs in the north
suggested somebody else who could deal with payments and
distribution. Kosovo could be an exporter of electricity, but with
the way how KEK is running business it cannot provide efficient power
even within Kosovo. DM
also mentioned problem of telephone communication.
SRSG
commended desire to pay for electricity and reassured interlocutors
that in accordance with The Athens Agreement there will be a
consumers’ choice in Kosovo. He also explained procedure for
“Electrokosmet” to start operations in Kosovo: first, it should
apply for license; receive license, and then begin operational
activities. This process can take time. The same applies for
telephone communications: 063 and 064 should apply for license.
In
closing, participants agreed on the importance of continued dialogue
and committed themselves to further meetings.
