S/2004/613
I. Introduction
1. The present report is submitted pursuant to Security Council resolution 1244 (1999) of 10 June 1999, by which the Council decided to establish the United Nations Interim Administration Mission in Kosovo (UNMIK) and requested the Secretary-General to report at regular intervals on the implementation of the mandate. It covers the activities of UNMIK and developments in Kosovo, Serbia and Montenegro, from 1 April to 15 July 2004.
II. Overview
2. Much of the political effort in Kosovo over the reporting period has been aimed at regaining some of the ground lost as a result of the violent events of mid- March. The priorities have centred on the key areas of standards implementation, which remains the fundamental and overarching means of improving conditions in Kosovo, reconstruction of property damaged or destroyed during the violence in March, and reform of local self-government. UNMIK continues to evaluate its strategy, taking into account its analysis of the March events in order to prevent a recurrence of the violence. As part of the analysis of and response to the March violence, a crisis management review body set up by UNMIK and a team led by the Department of Peacekeeping Operations carried out assessments and provided recommendations which addressed the core areas of flow and dissemination of information critical to responding to a crisis, staff safety, action by law enforcement officials, and facilitation of coordination with the Provisional Institutions of Self- Government. UNMIK has taken steps to implement these recommendations and enhance crisis response procedures, communication networks and essential data and information protection. Plans are also being implemented to improve the security of UNMIK staff and assets. Coordination between UNMIK and the Kosovo Force (KFOR) has been addressed on a priority basis. UNMIK has engaged in efforts to reassure the communities that suffered the most as the result of the March violence, particularly the Kosovo Serb community. UNMIK has also further strengthened efforts with the Provisional Institutions to enable the Government of Kosovo to fulfil its responsibilities, particularly in the field of minority protection and support, and to build its capacity. In addition, there have been important initiatives by local leaders, as well as those encouraged by UNMIK and international actors, to foster inter-ethnic communication and dialogue.
Standards implementation
3. The launch of the Kosovo Standards Implementation Plan on 31 March provided the standards implementation process with renewed direction. During the reporting period, the Provisional Institutions moved forward with the process at both the central and municipal levels, albeit slowly and with difficulty. The challenge posed by turning the steps set out in the Plan into real change on the ground is considerable, and the lack of capacity and experience within the Provisional Institutions represents the main obstacle. The March violence was a huge setback for the process, in that basic rights such as freedom of movement and security were fundamentally undermined. While the commitment of political leaders from all parties indicates some hope that progress can be made, there remains a long way to go until standards, particularly in the areas of minority protection, returns and freedom of movement, are met.
4. The Kosovo Standards Implementation Plan required that the Provisional Institutions undertake six priority actions in response to the March violence, relating to freedom of movement and to sustainable returns and rights of communities. The implementation plans for these standards were to be reviewed and revisited in the light of the March events. Although the deadline of 30 April for the creation of revised plans was not met, the Prime Minister of Kosovo, Bajram Rexhepi, committed his office to working directly with UNMIK to ensure that the revisions would move forward. While progress has been made on four of the six priority actions, no action has been taken with respect to two of them, namely that the Provisional Institutions investigate and sanction central and municipal authorities and political branch leaders who contributed to the violence through public statements or actions or who failed to exercise their authority properly, and that the Provisional Institutions publicly condemn reports by print and broadcast media that contributed to ethnic violence in March and support the recommendations of the temporary Media Commissioner in relation to his investigation into those reports. The Prime Minister has stated that the Government will be unable to fulfil these actions. On 8 July, the Provisional Institutions and UNMIK convened a meeting of municipal presidents and municipal chief executive officers to discuss standards implementation, and UNMIK has subsequently noted a considerable increase in implementation at the municipal level.
5. Despite these shortcomings in implementing specific actions required in the wake of the March violence, the Office of the Prime Minister has taken concrete steps to move the overall standards implementation process forward. A matrix detailing all the work required by the ministries of the Provisional Institutions to fulfil the actions requested of them in the Kosovo Standards Implementation Plan, including detailed assignments and timelines for their completion, has been prepared. Officers in every ministry and municipality have been appointed to act as focal points on standards. Some local municipal assemblies and administrations have been active in working to meet the standards.
6. The joint UNMIK-Provisional Institutions working groups, which prepared the Plan, have been relaunched to monitor and discuss progress as well as difficulties in implementing the Plan. UNMIK has established assessment committees to report on the implementation of the Plan and progress against standards. Together with the Provisional Institutions, UNMIK has organized an intensive public information campaign, describing and explaining what each of the eight standards means in practice. The campaign has involved and been supported by key political leaders.
Reconstruction and inter-communal political dialogue following the violence in March
7. The reconstruction programme of the Provisional Institutions, following the widespread violence and destruction in March, has moved forward significantly during the reporting period. According to the inter-ministerial Reconstruction Commission, as at 24 June, 263 properties had been reconstructed or repaired, reconstruction was ongoing on 161 properties, contracts were about to be awarded for 70 more properties, and technical documentation was being prepared to issue tenders for 180 other properties. In mid-June, tenders were also issued for two schools destroyed in March. While these numbers are significant, figures for the total number of homes, apartments and public buildings damaged or destroyed in March have risen to 935 (from 713) owing to incomplete initial reporting. Much work therefore remains outstanding, particularly on the more seriously damaged structures. A number of municipalities have undertaken the repair of less serious damage, and non-governmental organizations have assisted with minor shelter repairs essential for displaced persons to return to their homes in some locations. In addition, reconstruction has begun on some of the properties that were totally destroyed in Kosovo Polje (Pristina), Vucitrn and Svinjare (Mitrovica region), Pristina, Urosevac (Gnjilane region), Prizren, Pec and Klina (Pec region).
8. While the Provisional Institutions have not yet developed a systematic programme to reach out to minority communities following the events in March, there have been a number of visits by Kosovo Albanian leaders to those communities, as well as to returns and reconstruction sites. The Prime Minister has been the most active in this field and has visited numerous community areas as part of his "internal dialogue with communities" initiative. Efforts have also been made by some municipal authorities to improve community relations.
9. Kosovo Serb involvement in the political process in Kosovo remains a cause for concern, particularly in the context of the upcoming elections in October. Kosovo Serbs have remained outside the Kosovo Assembly since March and still do not participate in the work of the Provisional Institutions at the political level both centrally and locally, although Kosovo Serb civil servants report to work. Nonetheless, there are some signs of renewed interest in participation by Kosovo's Serbs in the political life of Kosovo. Political relations at the central level among community leaders have improved somewhat. A meeting held in Pristina on 23 June between Kosovo Albanian and Serb leaders was well attended and produced positive statements on the need for renewed inter-ethnic dialogue. During the reporting period Kosovo Albanian and Kosovo Serb leaders also met outside of Kosovo on a number of occasions.
10. The enhanced international scrutiny of political processes aimed at facilitating inter-community relations following the March violence has helped to foster dialogue between Kosovo Albanians and Kosovo Serbs. The newly constituted "Contact Group Plus", which includes representatives of the Contact Group countries, of the European Union and of NATO, has contributed to efforts in support of the work of political and community leaders on the implementation of standards. A "troika" composed of the European Union, the United States of America and NATO has focused its engagement in support of standards, and has discussed security issues in the wake of the March violence, with a view to building confidence among the actors in both Pristina and Belgrade. In a significant development, the President of Kosovo, Ibrahim Rugova, Prime Minister Bajram Rexhepi and Kosovo Albanian and Kosovo Serb leaders signed a joint declaration in Pristina on 14 July at a meeting facilitated by the United States and the European Union. In the declaration, the leaders stated that the reconstruction of all houses damaged during the violence would be completed before the onset of winter, expressed a collective obligation and commitment to do their utmost to ensure that returns of internally displaced could occur, and called for the establishment of a ministry for community matters, human rights and returns. The leaders of the two communities also committed themselves to continuing to cooperate on efforts to reform local government in Kosovo and cooperate on security-related issues. A Kosovo Security Advisory Group, consisting of KFOR, UNMIK and Kosovo Albanian and Kosovo Serb representatives of the Provisional Institutions, has been established. The Advisory Group aims to enhance the flow of security information and prevent a recurrence of violence. A first meeting of the Advisory Group was held on 14 July with the participation of a designated official of the Kosovo Serb Coalition Return.
11. This strengthened focus on minority interests needs to be balanced by continued attention to progress in other areas which are of importance to the majority community. In recent political party congresses held prior to Kosovo's second general elections, local leaders have underlined their perceived limited competences and ability to influence policy in significant sectors such as the economy and employment. They have argued that this limits their ability to explain to their constituents the lack of progress in these areas, as well as on symbolically important issues such as independence and the transfer of power. UNMIK, as the final authority, has become the focus of political efforts in Kosovo since it is seen as a hindrance to the fulfilment of the ambitions of the Kosovo Albanian majority. Moreover, while some of the Mission's current interlocutors within the Provisional Institutions have acknowledged that multi-ethnicity is the only possible future for Kosovo and that the majority community in particular has a responsibility for the well-being of minorities, radical forces remain and may be positioning themselves for political resurgence.
Reform of local government
12. A concrete, sustainable reform of local government is likely to be the most important political process that will affect the Kosovo Serb community in the future, as Kosovo Serbs see the reform of local government as a way of guaranteeing the security and protection of the vital interests of their community. During the reporting period, a joint Provisional Institutions-UNMIK working group on local government was established and held a series of meetings involving experts and stakeholders, with a view to proposing a framework concept paper setting out agreed principles on the devolution of power, addressing the need for new municipalities and municipal sub-units and timelines for implementation, and outlining legislation necessary to implement agreed changes prior to the next municipal elections in mid- 2006. The working group also discussed the possibility of launching pilot projects in selected municipalities. Although initially Kosovo Serbs did not formally attend the meetings, UNMIK kept the Kosovo Serb leadership informed and consulted on developments. As the process went forward, Kosovo Serbs gradually became more engaged in the working group's activities and on 29 June a Coalition Return representative joined the working group in an observer capacity.
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