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Press Conference by SRSG Hans Haekkerup to announce the signing of the UNMIK FRY Common Document November 5, 2001
President Kostunica and the FRY/Serbian governments have now decided to give public support to Kosovo Serb participation in the 17 November Kosovo election. The democratic governments deserve to be commended for their cooperative approach, which will have positive implications for all the communities of Kosovo. Kosovo is confidently heading towards its first democratic election. All communities have taken a responsible stance and decided to participate in the election and thus in the creation of a better future here in Kosovo. The election and the Provisional Institutions of Self-government will enjoy widespread recognition and respect due to the fact that all communities will participate in the election. This is in the interest of all the people of Kosovo. The Common Document re-iterates the basic principles of the Security Council Resolution 1244 and the Constitutional Framework. The Document articulates reasons for the Kosovo Serbs to remain, return and participate in the new structures in Kosovo and it is our aspiration that this will make Kosovo Serbs more comfortable about participating in the election and the Provisional Self-government. The Common Document and its ideas, priorities and language have the full endorsement of both the international community and the United Nations Headquarters, including the Secretary-General, who engaged himself in this process. The future dialogue will include not only UNMIK and the FRY, but also the Provisional Institutions of Self-government. The establishment of a high-ranking working group, under the authority of the SRSG, will provide for a continued and sustainable cooperative approach covering areas of mutual interest and common concern. In the Document there is also an important reference to the Kosovo Albanian detainees, who are still held in detention centres in Serbia. After a review of their cases according to international standards, they will - as soon as possible - be transferred to Kosovo and the authority of the UNMIK prison system. In eleven general points the Document reaffirms the principals of the Resolution and existing legislation. It affirms our determination to address actively the justified concerns of Kosovo Serbs and other communities in Kosovo. It reaffirms the position of 1244, that Kosovo's future status cannot be changed by the Provisional Self-government. It welcomes the ongoing co-operation with the FRY. It recalls areas of common concern and the commitment to resolve crucial issues like the fate of the missing persons of all communities and the return of refugees and displaced persons. Finally, and very importantly, it strongly recommends the Kosovo Serbs to engage in Kosovo's future, by participating in the election and the institutions of the Self-government. The following specific areas of engagement and common interest include: providing security and freedom of movement; restoration of property rights; protection of cultural sites; enhanced police co-operation in fighting cross-boundary crime and terrorism and increased Kosovo Serb participation in local government. I would finally like to take this opportunity to urge everyone who has
registered for the election to fulfil their democratic duty and to cast
their vote on the 17 of November. Participation and engagement is the only
way ahead for Kosovo. Q: You have been working on this agreement for awhile. Today in Gracanica there was a demonstration of Serbs who said they were not going to vote. SRSG Hans Haekkerup: I think what we will see is that the call by the President and the two governments for the Serbs to participate will have an effect. There will also be hardline Serbs who choose not to participate. Q: But today in Gracanica it was not just a few Serbs it was a few thousand. So a big number. Not just extremists. And they may pressure others not to vote. SRSG Hans Haekkerup: Well as I've seen it there have been many Kosovo Serbs who have already come out in favor of voting. So I think the appeal from the President of Yugoslavia and others will have an effect. Q: How did the political parties of Kosova react to this document? Positively or negatively? SRSG Hans Haekkerup: I think it's better to get their own statements. Q: Mr. Covic, after signing the agreement, said in a statement that this represents a return of FRY to Kosovo. Is this right? SRSG Hans Haekkerup: I disagree fully in that part of the statement. There is no change in the authority of UNMIK and that is clearly stated. The full authority in Kosovo is UNMIK's and also the administrative authority. That's not changed by this document. It is in fact it is stated in the document. Q: He also said that he got reassurance that Kosovo will not get independence. Is that correct? Did you assure him? SRSG Hans Haekkerup: This is not correct either. What is in the document is clear. The Provisional Self Government does not have the authority to declare independence. As you know, this document and 1244 are neutral to what the final status is going to be and it does not rule out any possibility. Q: Mr. Haekkerup, this confirms the establishment of a high ranking working group. This group shall provide the continued and sustainable and other things. And then it speaks of mutual interest. What does that mean concretely. SRSG Hans Haekkerup: That we have to define together. If we can identify areas of mutual interest where we could make agreements to the benefit of all and asked for an example it could be areas like missing or other issues where we have to find agreement to solve problems together. In that paragraph it is also clearly stated that the new institutions of the PSG will be included in this working group on UNMIK's side of the table. Q: So this is an interim administrative council? SRSG Hans Haekkerup: No, this is a group that will try to identify areas of cooperation with Yugoslavia. Some of these areas are listed, others might be added, but all parties must agree on these issues. Q: The joint group will provide timely and regular coordination and consultation, can you explain that? SRSG Hans Haekkerup: Yes, in areas of common interest. Q: What will the group be coordinating. SRSG Hans Haekkerup: We will identify areas where we will try to find agreements to solve problems that can not be solved alone in Kosovo. In cases where we have to have dialog with the Yugoslav authorities. Another area also mentioned in this document is the Albanian detainees in Serbia proper. As you know, we have no power to tell them to release these prisoners. But now we have in this document the text where they oblige themselves that their cases should be reviewed according to international standards and then after that returned to Kosovo. So this is a good example of an area where we could do nothing in Kosovo and where we now can have a dialog. Q: Does it include the final status? SRSG Hans Haekkerup: No, this is not a question for this working group. Q: Do you think that signing such decisions in Belgrade helps build multiethnicity in Kosovo? SRSG Hans Haekkerup: Yes. Q: How? SRSG Hans Haekkerup: Because we are now able to assure bigger Serb participation in the elections and in the institutions. And the only way to overcome the hatred of the past is to get people to sit at the same table and try to address the problems of the people of Kosovo. And this is exactly an instrument for doing that. And with this document we are assuring that this will happen. Q: After you signed the document you spoke with a lot of politicians. What's your comment on that? SRSG Hans Haekkerup: Well I think they should speak for themselves. Q: Mr. Haekkerup, in your meeting today with the IAC it wasn't a full group. So do you expect that Mr. Thaci or some Albanians will not take part in this working group and how do you expect this group to function? And in most issues here there are deadlines. Knowing that the Serbs played a long time with the detainees why is there no deadline for their return? SRSG Hans Haekkerup: Well I think that we got wording that was pretty strong. We would have liked to have a firm date but that was not possible. On the other question, on the provisional institutions of self government participating in this working group, yes, I expect them to participate in the areas of their competency. Q: I would like to know what would happen if the first assembly will call for the independence of Kosovo. SRSG Hans Haekkerup: First of all that will not happen because it will not come on the agenda of the assembly. Second, if so, it will be invalid because nobody would recognize it in the international community, so it is a non question. Q: So UNMIK will never negotiate with the FRY for Kosovo independence? SRSG Hans Haekkerup: That has nothing to do with this document and its not in my mandate. My mandate is to administer Kosovo and nothing has changed with that. The question of final status will be addressed at a later stage. But hopefully the participation of Kosovo Serbs in the institutions of Kosovo will facilitate that one day we will reach a final settlement. Q: 1244 calls on the Rambouillet Accords which say that FRY still has competence over monetary policy, defense, customs services and federal taxation. So will the new assembly have power over these? SRSG Hans Haekkerup: No, because according to 1244 full administrative power of Kosovo is with the Special Representative of the Secretary General. As part of the constitutional framework I hand over part of that responsibility to the new institutions that we are electing on the 17th of November. Q: You went to Belgrade to meet President Kostunica. Why wasn't the document signed by President Kostuncia? SRSG Hans Haekkerup: Well he was there so it was clear that he was behind this document. They chose who would sign on their side, but he was standing right behind Mr. Covic and myself. And he certainly has been in the picture on getting this document in place. So he is fully committed to the document. And he also demonstrated that. Q: Was this document written to make things easier for Mr. Kostunica to call for his people to vote, because obviously some parts of the public opinion were against voting. SRSG Hans Haekkerup: Yes, what we promised to do was to be helpful in coming up with things that would make it easier for Mr. Kostunica to go out and call for participation. That was why this paper was drafted, and it serves its purpose. Q: Mr. Haekkerup, what about your comment with regard to the participation of Albanian parties and their expression of independence? Almost all Albanian parties are emphasizing independence in their campaigns. SRSG Hans Haekkerup: It is clear that it is not in the power of the institutions that we now elect, the assembly or the government or the President to declare independence. That can only be addressed through the final political settlement. On the other hand, 1244 does not rule out any possibility in the future. But that has to be discussed at a later stage. But in this document, it reiterates what was already the case, that it was not in the power of the institutions of the provisional self government to declare independence. But that has been clear all the time. Q: Mr. Haekkerup, with all of these intense negotiations with Belgrade, how much of the time do you think you've been respecting 1244 and the provisions of the constitutional framework in Kosovo? SRSG Hans Haekkerup: 100%. We have made very sure that we stay within 1244 and that we are in accordance with the constitutional framework and that the sole responsible for the administration of Kosovo is UNMIK and the provisional self government in the areas handed over to it. Q: Mr. Haekkerup, you said 4 or so months ago for the Kosovo Serbs to concentrate more on the institutions here than in Belgrade. Are you today telling them, after this document, to concentrate more on Kosovo or calling them to hope that Belgrade is a bright light for them? SRSG Hans Haekkerup: No, the point of this document is to get the support of Belgrade for them participating in the institutions here. And their participation serves the purpose of moving Kosovo forward. Because Kosovo can not move forward without having all communities being part of that process. And i think that this document and the actual support for participation in the elections, we have made a major step forward which will make it possible some future day to reach a final settlement.
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