United Nations Repatriates Refugees in Kosovo

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On 25 June, the UN Secretary-General followed through on his announced intention to reconfigure UNMIK on his own authority and issued instruction to his Special Representative (SRSG) to proceed.  On 25 July, the UN Security Council (UNSC) held an Open debate on Kosovo, at which the Secretary-General's new Special Representative Lamberto Zannier set out the challenges to UNMIK's authority.  The UK's Permanent Representative, Sir John Sawers, welcomed the forward-looking nature of statements made by the Foreign Ministers of both Kosovo and Serbia and saw this as a basis for them to move towards the common goal of a future in Europe's institutions.  The Permanent Representative also congratulated Serbia on the arrest of Radovan Karadzic and welcomed the UN Secretary-General's decision to reconfigure the mission in Kosovo to make way for EULEX.   

Background

Following the violent struggle of the late 1990s, UN Security Council Resolution (UNSCR) 1244 placed Kosovo under UN administration. UNMIK (the UN Mission in Kosovo) was established in June 1999. UNSCR 1244 also laid the groundwork for the process to determine the final status of Kosovo.

In May 2001 UNMIK issued the Constitutional Framework that established the Provisional Institutions of Self-Government (PISG) of Kosovo. Since that time, UNMIK has been transferring competencies to the PISG.

Late 2005 saw the start of a UN-led political process to determine the future status of Kosovo, driven by the conclusions of a comprehensive review of the situation there by Kai Eide – a Special Envoy of the UN Secretary-General (UNSG). The UNSG appointed the former President of Finland, Martti Ahtisaari, as his Special Envoy (SGSE) to lead the status process.

On 26 March 2007, the SGSE presented his conclusions to the Security Council – with the full endorsement of the UNSG. The culmination of Ahtisaari’s 14 months of negotiations - under the auspices of the Contact Group (UK, US, France, Germany, Italy and Russia) - was the Comprehensive Proposal for the Kosovo Status Settlement (S/2007/168/Add.1). His covering Report on Kosovo's Future Status (S/2007/168) recommended supervised independence for Kosovo.

Following a Security Council mission to the region in April 2007, the UK co-drafted with the US and European partners a resolution which would give Security Council authority for implementation of the Ahtisaari settlement proposal. Despite protracted negotiations, the draft was never put to a vote, owing to indications from Russia that it would veto the text.

To move the process forward, the Contact Group appointed a Troika (from the US, Russia and the EU) to facilitate 120 days of talks between Belgrade and Pristina, to see if they could achieve a negotiated settlement. Unfortunately, the parties were unable to reach an agreement. And the debate on the Troika report on 19 December showed that the Security Council was not in a position to agree the way ahead. At their Council in December, European Union leaders confirmed the September statement by Contact Group Foreign Ministers that the status quo was unsustainable and that we needed to move to a solution. It was in this context that the United Kingdom recognised Kosovo on 18 February 2008 as an independent state after  the Kosovo Assembly declaration of independence on 17 February 2008.

The UK’s recognition of Kosovo’s independence followed a meeting of the General Affairs and External Relations Council (GAERC). All 27 European Union member states agreed conclusions that reiterated the EU’s readiness to play a leading role in strengthening stability in the region, including an ESDP Rule of Law mission. Each Member State would decide on its relations with Kosovo – in accordance with national practice and international law. The GAERC underlined its conviction that Kosovo was a sui generis case that did not call into question the principles of the UN Charter, the Helsinki Final Act, sovereignty and territorial integrity or UN Security Council resolutions.

On 12 June, the UN Secretary-General issued letters to both the Kosovar and Serbian Presidents and a report to the Security Council, announcing his intention to reconfigure the UN Mission in Kosovo (UNMIK) in the light of changing circumstances on the ground.  On 15 June Kosovo's new Constitution entered into force.  The Kosovo government thereby assumed its full responsibilities - an important further step along Kosovo's path away from conflict and towards achieving a democratic, multi-ethnic and European future.

On 20 June, the UNSG briefed the Security Council on the basis of his 12 June report signalling his intention to reconfigure UNMIK.  Under the UNSG’s plan, the UN would continue to play an important role, alongside NATO's Kosovo Force (KFOR) and the EU's police and rule of law mission (EULEX), the largest EU deployment of its kind.  EULEX would operate under a UN “umbrella”.  The International Civilian office would also assist the Kosovo Government as it implemented its new responsibilities.