Press Conference, 23 May 2002

Press Conference by UNMIK SRSG, Michael Steiner

The Director of DPI introduced Mr. Steiner and gave him the floor:

SRSG Michael Steiner: I must say that today is not a particularly good day. I understand and I think I have also made this public, the urge of the Assembly to address matters of importance, to discuss matters of importance, within the Assembly. That is why I have also supported, two weeks ago, that the Assembly discussed these matters which are indeed of utmost importance for Kosovo. I mean, everybody who knows me knows that I share the frustration of the developments, for example in Mitrovica, and I have also made it clear that the debate that the Assembly had two weeks ago was a very dignified debate. But, today we faced the adoption of a resolution and this resolution constitutes a clear violation of the Constitutional Framework. Just to make it clear: it is a violation of Article 9.1.26a of the Constitutional Framework, which expressly states that resolutions can be only taken by the Assembly in areas of the competence of the Assembly and clearly the content of the resolution adopted today was part of the reserved powers and not of the powers of the Assembly. This is one thing. The second thing is, you might of all seen the very unmistakable and clear statement by the Security Council of the UN and the statement emanating also from the EU which expressed the deepest concern about the Assembly not respecting its competences but acting ultra vires. I have explained the situation to the leaders yesterday and today. Despite this the Assembly chose to adopt the resolution. I must tell you, I am bound by the Constitution too. It is not only the Assembly which is bound by the Constitution. So in the end, as this is also about the rule of law, I had no other choice than to declare, after the adoption of the resolution, this resolution as null and void.
Let me just say I think behind the legal aspects, the real issue is do we want words or deeds? If we want not words but deeds, we must recognize in the areas addressed by this resolution - Mitrovica and other fields - these deeds can only be done by us, by the International Community and by its representatives. Nobody disputes that. Now, if it is true that it is only us who can bring things forward, then the next logical step is to understand that we can only act if we have the support of the International Community. So, if you want us to act and if you recognize that for us to act, we need the support of the International Community, then you don't antagonize the International Community. Today the Assembly did exactly that. The Assembly has antagonized the International Community and the net result of this is that by this antagonism of the International Community, my possibilities to help have been objectively weakened. I must tell you, we were working on issues and we wanted to do things differently in Mitrovica. You know that there have been some common visits there in really trying to address the issue where I think that the status quo is not tenable. But, you must see that in order for me to achieve something in Mitrovica, I must have the support of the International Community, and it is a sheer fact in the recent months when we could report to the Security Council, we could report to the Foreign Ministers of the European Union - progress, substantial progress -Today we have been faced with a setback in this process. I think also that the Assembly has been damaged in the eyes of the International Community. So, just to make it clear, once again, those who want progress on the ground, those who want real deeds must understand that we can have progress on the ground only if we have the full support of the International Community. We will not achieve progress on the ground by those who are responsible for doing that - by antagonizing the International Community.
To sum it up, the action taken today by the Assembly has no legal validity, it is null and void because the Assembly acted ultra vires. Secondly, there has been damage done in the standing of the Assembly in the eyes of the International Community as well as in the eyes of the region. Frankly, it is again me, who must repair this damage. By the way, this also means that my phone be will red hot in the next hours and this has started already. Of course I will take on this job of repairing this damage, but I count very much on the support of the people of Kosovo to help me repair this damage and that we can then get back to the deeds, because there are many things to be done on the ground in Kosovo by deeds and not by words. Thank you.

Q: Mr. Steiner, what will be the impact of today's development on your plans of setting the standards, achieving the standards, for the final resolution that will lead to the final status of Kosovo?

MS: This was not a leap forward in achieving the Benchmarks because one of the essential parts in the Benchmarks is that the Institutions behave in accordance with the rule of law.

Q: Is there a specific point in this resolution that you object to or is it the resolution as a whole?

MS: I don't want to go into the different elements of the resolution because I have said already that I have now a big understanding for the frustration of the Kosovars, which I share, in the progress of certain areas which are addressed in this resolution. But, the point which I wanted to make clear, if we have the Constitutional Framework, which is the basis of our action, we must respect what this Constitutional Framework prescribes. This is our strength. Our strength is the rule of law. Now, if we don't respect that, it is of course more difficult, first to achieve the Benchmark, which we all want to achieve, but specifically to get this international support. I have always said that Kosovo is not an island, Kosovo needs international support. What do the people want in Kosovo? The people here in Kosovo want this to be a decent society and they want with this decent society to be part of Europe. Do you think it is easy to be part of Europe if you antagonize them? If you do exactly the contrary of what is expected from you? Of course not. We need them. I mean if we want to progress on this way, we must follow the rules and we cannot do the contrary. We cannot deceive them and it makes my job more difficult because I am the representative of the Secretary General and the representative of the International Community. If I must tell them that the Assembly is taking a different position than prescribed by law, then the position the International Community, the highest organs of the International Community, has taken, then my job is objectively more difficult than before.

Q: Where does this leave you and the Assembly ? What should we expect in the next few days?

MS: I hope we all have learnt a lesson here.

Q: Mr. Steiner, wouldn't you say that the agreement reached between Belgrade and Skopje, is in fact a violation of Resolution of 1244 and what the Constitutional Framework prescribed?

MS: That is not the issue. The issue is that the Security Council of the United Nations yesterday, reconfirmed its position, thanks to the action of the Assembly, and the Security Council is master of its own action. If the Security Council of the United Nations, the highest organ in the world, says we have to respect something, then we have to respect it. This is the position they have taken by consensus. Now, you might like this position or not but don't think that by violating the Constitution in the form of a resolution in areas which is not up for the Assembly, you get any progress here.

Q: Mr. Steiner, what measures is UNMIK going to take in order to repair the damage?

MS: Now, what concerns the action taken today by the Assembly, I have declared this action null and void. So, it is legally non-existent. Secondly, I will explain to the International Community that despite the understandable anger you might face now in certain capitals and a number of capitals, that we still have to go on with the job and I will try to convince them of this. I think if the people here in Kosovo help me and show also to the International Community that we are willing to go on with the many deeds we have to fulfil, in the Government Building, in addressing education, and all the issues which these institutions need to address, and support us in our actions, then we will go on. Of course it is a setback and we cannot deny that. The only thing I am saying is, if I get the support for repairing this damage, we will have to get on with our work and we will get on our way.

Q: What do you expect from the Parliament of Kosovo to repair the damages?

MS: What concerns the position of the Parliament, what they have adopted today, I have taken the necessary legal steps. I think the best help the Parliament could give in the next days and months would be to address the urgent legislative measures which are necessary in the field of competence of this Parliament, to address the issues of the society here. I would say, if the Parliament concentrates in the area of its competence and adopts the necessary legislation, then this would be the best help.