in http://de-construct.net, 5th of february 2009

Without the Legal Weight and Unacceptable

European Parliament on Thursday passed resolution on Serbian province of Kosovo and Metohija, welcoming “successful deployment of EULEX throughout the territory of Kosovo”, rejecting the “possibility of partitioning of Kosovo” and calling European Union member states which have not recognized unilaterally proclaimed independence of southern Serbian province of Kosovo to do so.

The resolution also says that “transitional arrangements negotiated between the UN and the Serbian Government will need to be reviewed in the light of developments on the ground, once EULEX has reached full operational capability”.

Proposed by the Dutch liberal MEP Joost Lagendijk, the report was adopted with 424 votes in favor, 133 against and 24 abstentions at the European Parliament plenary session in Strasbourg.

The adoption of this document provoked stormy reactions in Serbia, where Foreign Minister Vuk Jeremić warned resolution is unacceptable for Serbia, being in contravention of the Constitution and the international law.

“European Parliament is not an institution in charge of European Union’s foreign policy. Council of Ministers is in charge of the EU foreign policy, and there are representatives of the countries within the Council which do not recognize Kosovo province as an independent state, as well as those that do,” Jeremić told Serbian news agency Tanjug.

“Therefore, the EU position, in the framework of the institution where such positions do have legal weight, is divided”, Serbian Minister of Foreign Affairs said.

A discussion about Lagendijk’s proposal, held a day earlier, on February 4, turned into a heated debate between the proponents and opponents of imposed amputation of southern Serbian province from Serbia.

Simply Put, Kosovo is Serbia

Joost Lagendijk, author of the resolution draft, praised EU mission in Serbian province (EULEX) and, calling on Serbia to “realize that the current way of constructive cooperation with the European Union is much more effective than trying to rewrite history” (?!), said that European Union must help Kosovo province to “become a viable state.”

On the other hand, Polish MEP Sylwester Chruszcz reminded that amputation of the “Serbian province of Kosovo was a unilateral decision of the Albanian community”.

“Personally, I consider this to be an unprecedented example of the violation of international law, which in addition leads to further consequences, as we saw last year in the Caucasus,” Chruszcz said.

He stressed that United Nations do not recognize Kosovo province as an independent state.

“UN Security Council’s Resolution 1244 is still in force. Therefore, I advise against taking any decision before the International Court of Justice gives an opinion on this issue. Only then shall we know the legal status of the province, which according to international law is still an integral part of the Republic of Serbia”, Chruszcz said.

He also drew attention to the “dramatic situation” in the southern Serbian province of Kosovo, riddled with organized crime and almost daily assaults and murders targeting the remaining Serbs.

“Let us openly say that recognition by some countries of the European Union was a fatal mistake. Simply put: Kosovo is Serbia,” Polish MEP concluded.

Acceptable Only Solutions in Line with International Law

Tobias Pflüger, MEP representative of the German Left, rejected Lagendijk’s draft because it is based on the independence of Serbian province which flies in the face of international law.

“Die Linke Party insists that any arrangement for Kosovo must be in line with the international law and agreed with all the interested parties, including Serbia. The recognition of Kosovo has created a fatal precedent. Now others are emulating it — see South Ossetia and Abkhazia,” Pfluger said.

He underlined that German Die Linke also rejects the EU mission in Kosovo province, as its main objective is to cement the illegally proclaimed independence of a part of Serbian state territory and serves to create “an EU protectorate”.

Pfluger reminded that EU mission has given itself “executive powers in some areas,” thus overriding the authority not only of Serbian Government, but even the authority of Albanian Washington- and Brussels-appointed officials. He pointed out there are some 500 anti-riot policemen who are part of EULEX mission, and cited a joint exercise “to combat insurgency” EULEX and NATO (KFOR) forces conducted on January 26, concluding this “unfortunately, also shows very close cooperation between the EU and NATO in Kosovo”.

Assessing that both EU and NATO are striving to “drive the neo-liberal economic reconstruction in Kosovo forward”, Pfluger concluded:

“Therefore, we demand solutions only in accordance with the international law and a clear vote against the EU mission EULEX.”

If it wasn’t Tragic, it would be Comical…

French MEP Patrick Louis reminded of an important upcoming commemoration of 10 years since NATO bombardment of Serbia, an aggression “carried out in violation of the international law” and without approval of the United Nations.

“A year ago, Pristina unilaterally declared independence of Kosovo, with total disregard for the sovereignty of the Federal Republic of Yugoslavia, sovereignty and territorial integrity of which has been reaffirmed by the United Nations Security Council Resolution 1244,” Louis said.

“Today, the EU mission EULEX, together with American experts, hopes that Kosovo can become a viable state, run by the rule of law. If the situation was not so dramatic, it would be comical — one has to wonder how can one hope to obtain such a result with such background,” French parliamentarian said adding that, “in the meantime, we ask for this mission to ensure that Serbian nation is respected and valued in the land of its ancestors”.

Ahtisaari Plan is Dead

Romanian MEP Adrian Severin reacted to the new European Parliament resolution which aims to reaffirm amputated Kosovo province, by wondering “how many recognitions are necessary for a state to be independent”. He stressed that, after all is said and done, the “quality of the recognitions matters more than the quantity”.

“A declaration of self-determination does not lead to independence if the state in question is not recognized by those from which it wants to self-determine. The independence of a state is not real as long as the United Nations Security Council does not accept it. Moreover, a state is not independent if it is not able to offer to all communities living on its territory a fair prospect of organic integration into a civic and multicultural society, and if it is not self-sustainable and self-governable,” Severin said.

“For all these reasons, the Athisaari Plan has failed. Asking for the status quo ante is not a solution either – one should move further. To this end, the European Union and the permanent members of the United Nations Security Council must convene an international conference which should find a sustainable solution for democratic security, geo-strategic equilibrium and social economic stability in the Western Balkans. Within this framework Kosovo should be put back on the track of international legality, and the region should receive a clear road map for its EU integration,” Severin proposed.

He informed the EP that Romanian MEPs will be obliged to vote against Lagendijk’s report, because it “does not explore such ways, thus abandoning any realistic drive towards a better future.”

Province Riddled with Organized Crime, People Trafficking and Human Rights Violations

Similarly, Marian-Jean Marinescu announced that the delegation of Romania, “except the representatives of Hungarian minority”, will vote against this resolution, since it is in contravention of the international law and “does not reflect the full spectrum of positions from all 27 European Union Member States” in regards to Kosovo and Metohija province.

“In accordance with international law and with regard for the resolution of UN Security Council 1244 of 1999, Kosovo can not be considered a state”, Marinescu said.

Charles Tannock, British Conservative representative in the European Parliament, also rejected proposal by the Dutch Liberals, assessing that the “international rush to recognize Kosovo” was “hard to understand”.

“There were plenty of older disputes to resolve that were worthier of the EU’s efforts: Kashmir, for example, or Taiwan, or even Somaliland in the Horn of Africa,” Tannock said.

“Kosovo’s declaration of independence has also exposed a schism amongst Member States. There is no way Kosovo can be part of the European Union or the United Nations while some Member States do not recognize its sovereignty. The precedent of Kosovo also provoked Russia’s indignation and recognition of the Georgian regions of Abkhazia and South Ossetia as states last summer,” he said, pointing out that the EU’s assistance “should never be open-ended”.

He reminded that the international community has yet to see “real reform” in the Serbian province of Kosovo and Metohija, in the form of “genuine efforts to combat organized crime and people-trafficking, and proper protection and equality for minorities.”

No to Border Between Serbia Proper and Its Southern Province

Meanwhile, Kosovo Serbs today blocked for one hour main roads Priština-Raška and Zubin Potok-Ribariće in protest over EULEX mission members’ arrival to the administrative crossings between Kosovo and Metohija province and Serbia proper.

At the gathering, which passed without incidents, representatives of the Serbian-populated municipalities of Leposavić, Zubin Potok, Zvečan and Kosovska Mitrovica invited the remaining Kosovo Serbs to attend demonstrations scheduled for Tuesday, February 10, in the north Kosovska Mitrovica.

President of the Zvečan municipality Dragiša Milović said that Kosovo Serbs are protesting the formation of “Kosovo Protection Corps” — ethnic Albanian military formation trained by NATO and mobilized mainly from the units of terrorist KLA — and the one-sided EULEX decision to create customs checkpoints at Jarinje and Brnjak in the north of the province, thus establishing a border between Serbian proper and its southern province of Kosovo.

“This is only a warning to the representatives of the international community that Serbs will not allow a border to be established between Kosovo and its native Serbia. A recent beginning of registration of the goods entering from Serbia proper to the Kosovo province north by EULEX is only the first step and attempt to establish border, which is unacceptable for us,” Milović said.

Radenko Nedeljković, head of the Kosovska Mitrovica region, called on NATO (KFOR) representatives to refrain from promoting KLA successor, the new Albanian formation KPC, in Serbian enclaves and to remain within the framework of their mandate, in order to preserve peace in the region.

Nedeljković invited citizens to join peaceful demonstrations on Tuesday, expressing hope that Serbian Parliament will hold its session in Kosovska Mitrovica on February 17, marking one year since Priština Albanians’ unilateral declaration of independence.

During today’s protest, Serbs carried banners saying “No to the border with Serbia” and “Stop KPC”.

President of the Leposavić municipality Jovan Miladinović called on Serbia’s state leadership to support Kosovo Serbs, pointing out that is the only way for the Serbs remaining in the province to preserve Kosovo and Metohija within Serbian borders.

Board members of the Serbian municipalities in Kosovo and Metohija yesterday adopted conclusions stating that security in the north of the province has worsened and the presence of the KPC forces and separatist Albanian institutions in the north of the province is not acceptable.