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Report of the UN SG on the UN Interim Administration Mission in Kosovo (S/2008/692)

I. Introduction

1. The present report is submitted pursuant to Security Council resolution 1244 (1999), by which the Council decided to establish the United Nations Interim Administration Mission in Kosovo (UNMIK) and requested me to report at regular intervals on the implementation of the mandate. It covers the activities of UNMIK, and developments related thereto, from 26 June to 31 October 2008.

II. Political situation

2. With the entry into force of the "Constitution of the Republic of Kosovo" on 15 June, the Kosovo authorities have continued to take steps towards asserting Kosovo's statehood. Following the establishment of a Ministry of Foreign Affairs, the Kosovo authorities announced the opening of diplomatic missions and the appointment of mission heads to 10 countries. As at 31 October, Kosovo had been recognized as an independent state by 52 countries. In its ongoing efforts to assume the prerogatives and responsibilities of a sovereign state, Kosovo applied for membership in the International Monetary Fund and the World Bank Group, decided to undertake a census of the population, established a Ministry for Security Forces and appointed a new, 11-member Central Election Commission. The Assembly of Kosovo continues to pass legislation, which is now adopted without reference to the powers of my Special Representative under resolution 1244 (1999) or the Constitutional Framework.

3. On 8 October, the General Assembly adopt ed a resolution submitted by Serbia requesting the International Court of Justice to issue an advisory opinion on the following question : "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government in Kosovo in accordance with international law?". The Kosovo authorities expressed regret over the adoption of the resolution, stressing that Kosovo's independence was irreversible and that the review by the International Court of Justice of the legality of the declaration of independence would not prevent other countries from appreciating the constant progress in Kosovo or recognizing it as an independent state.

4. The Government of Serbia and a majority of Kosovo Serbs continue to recognize UNMIK as their sole and legitimate civilian international interlocutor under resolution 1244 (1999). This has had significant implications, including in the police, customs and judicial sectors, where UNMIK continues to play a prominent role. A majority of Kosovo Serbs strongly reject any authority or symbol of Kosovo institutions. In the north, four municipal structures function on the basis of the law on local self-governance of Serbia. The local Kosovo Serbian community resists any real or perceived efforts by Kosovo authorities to exercise control north of the Ibar River. For example, it opposed efforts by Mitrovicë/Mitrovica municipality, which is based in the south, to initiate projects in the north, especially as neither UNMIK nor the community itself had been consulted. On 3 September, the Kosovo authorities announced their intention not to use force to extend their authority in the north.

5. The Kosovo Serb political leadership in northern Kosovo continued to express opposition to the deployment to the north of the International Civilian Office, foreseen in the Comprehensive Proposal for the Kosovo Status Settlement (S/2007/168/Add.1), which was not endorsed by the Security Council. It also continued to oppose the deployment of the European Union Rule of Law Mission in Kosovo (EULEX). The northern Kosovo Serb leaders claim that they will not change their stance, regardless of Belgrade 's approach. Responding to a call by the self-proclaimed Assembly of the Union of the Municipalities of the Autonomous Province of Kosovo and Metohija, some 2,000 Kosovo Serbs protested on 2 October in northern Mitrovicë/Mitrovica, Shtërpcë/Štrpce and Graçanicë/Gracanica against the deployment of EULEX, as well as against the implementation of the settlement proposal.