New Parallel Structures

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MODVIG,

UN

Office, BELGRADE

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OUTGOING CODE CABLE¥4lof+-==4-ltUEHENNO, UNATIONS, NEW

YORK

UNOSEK, VIENNA

MICHEL,

UNATIONS, NEW YO

FROM

RUCKER,

UNMIK, PRISTINANUMBERUNMIK-

/59

ACTION

By: _

DEADLINE:

_--:-:-:-:-

_

DATE

15

October

2007

INFO

COpy

TO:

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SUBJECT

Development

of

new Parallel

Structures

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"Serbian

inhabited

areas

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Summary:

An

acceleration in the development of

parallel structures

in KSerbian

inhabitedareas

indicates

that

official entities

of

Serbia

proper

as

well asKosovo Serbs

are

using

the

additional negotiating time in the

status

process toincrease

their independence

from Kosovo institutions.

Although

the KosovoSerbs have -also shown a willingness to continue to

work

with

UNMIK, the

spread of

pa'rallel

structures

contravene UNMIK's

authority

to implement

its'

mandate,

thereby

violating

SCR

1244

and

establishing preconditions for a

de

facto

P ~ ~ f i t i o n

of

Kosovo.UNMI

K's

ability

to

respond

' W ~ h i s

situation

is

limitJH

<fue

in

large

part

to oui-reliance

on

the wHijnghess.

of

KFOR

p ~ 1 c i p a t i n g

states to utilise force to achieve objectives::eCyOnd providing a

Safe

and secure environment.

1.

State-sponsored opposition to UNMIK's authority to implement SCR 1244

is

groWing

day by

day'

in the form

of

illegal construction

of

facilities, therebyundermining the rule

of

law, contributing to a

de

facto

partition

of

Kosovo andseverely hampering UNMIK's ability to implement its mandate.. 2. In recent months, there has been a visible increase

of

construction

of

permanentfacilities operated by Serbian entities in many instances not established or licensed inaccordance with Kosovo laws but operating in parallel to central PISG structures.This includes offices, telecommunication towers, permanent energy facilities(transformer stations), underground telecommunication optical fibre cables, andothers. Entities involved

in

this new construction include Serbian Post andTelecommunications (PTT), all three Serbian operators

of

mobile telephony (MTS,Mobtel, and VIP), and some smaller commercial undertakings. When asked, they tell

us

that the)' are operating legally within Serbian law and under SCR 1244, whichrecognises Serbian sovereignty over Kosovo.

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

3. Taken together with a number of other unlicensed economic operators, which inour view are Serbian Publicly Owned Enterprises (POEs) and Serbian Governmentsupplied public services ranging

from

health and education to fiscal and generalgovernance that already operate in Kosovo, this represents a formal challenge toUNMIK's authority to implement fully SCR 1244. Virtually all

of

the above entities,

and

institutions

of

the Government

of

Serbia, have been informed on numerousoccasions in meetings and in writing, that such operations are illegal and that anyundertaki.ngs operating in Kosovo must comply fully with the applicable law inKosovo. None

of

these approaches has produced any tangible effect,

a'ltd

newconstruction projects continue

to

be launched.

4.

Accelerating partition prejudices ongoing political developments by creating a

fait accompli

where the K-Serbian-inhabited areas

of

Kosovo are both separated fromthe rest

of

Kosovo and made increasingly reliant on Belgrade. At the current pace,areas inhabited by K-Serbs will soon

be

capable

of

consuming basic utilities provideddirectly from Serbia without any communication with the rest

of

Kosovo or anyrespect for Kosovo's laws and regulations.

5.

•

This will further hamper the Mission's and the' central PISG's ability to offerKosovo-based perspectives to Kosovo Serbs.

6.

Until now, UNMIK has been very cautious about encouraging executive actionagainst service providers

in

Kosovo Serbian-inhabited areas, in order to maintainstability

of

services and political calm during the process

of

status negotiations

..

However, it

s e ~ m s

that some Serbian companies and institutions have misinterpretedthis position as a sign

of

leniency or even indifference to the expansion

of

theiroperations.

..

.

,.

7.

To prevent further deterioration

of

both theJactual and the political situation onthe ground, as well as to avoid prejudicing political developments in the statusprocess,. UNMIK believes that effective

~ 5 ~ ~ ~ ? ; ! i ' s h o u l d

be taken against the offending

:,;;.,

compames.

8.

Moreover, UNMIK believes that in the spirit

of

the

SG's

call for the Troika

to

take a more pro-active role in the current round

of

status talks, UN Headquartersshould

calion

the Troika and Contact Group members to take the matter up directlywith the authorities in Belgrade by requesting that they ensure that Serbian publicinstitutions and companies cease and desist from engaging in any activities thattmderrnine implementation

of

SCR 1244 including the ongoing efforts in the statusprocess.

9.

Your comments and guidance would be highly appreciated.Best regards.

.

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SECURITY

Office

of

Civilian Protection

in

Socanica,Ministry

of

Internal Affairs, Republic

of

Serbia,L sayic (Fonner Serbian Po,lice Station)Police Department Kosovska Mitrovica (RegionalOffice), Police Station Kosovska Mitrovica,Intelli ence Unit IA, UBPOK)

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Ministry ofIntemal Affairs, Republic

of

Serbia,Police Station Kosovska Mitrovica and .Administration D artment

Security

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