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A LANDMARK UNSC RESOLUTION S/1244 O



5-JUN-99

ALTHOUGH KOSOVO IN F.R.Y. MAY BE GEOGRAPHICALLY FAR AWAY, ITS TREGEDY
AND POLITICAL DEVELOPMENTS HAVE NEVER BEEN FAR AWAY FROM THE WORLD'S
COMMUNITY--PARTICULARLY FROM THE MINDS OF BURMESE EXILES AND REFUGEES.
FOLLOWING HOSTORIC RESOLUTION (S/1244) ON KOSOVO WAS PASSED  10-JUN-99
BY SECURITY COUNCIL, AUTHORISING THE UNITED NATIONS AND INTERNATIONAL
COMMUNITY  ASSISTNG IN REFUGEE REPATRIATION, POLITICAL TRANSITION AND
DEMILITRARISATIONS. AS WE ALL KNOW, A TREMENDOUS POLITICAL(MILITARY)
POWER WAS REQUIRED IN REACHING THIS KIND OF RESOLUTION: A CREDIT WELL
DESERVED FOR NATO/US ALLIANCE. FOLLOWING, THE COMPLETE TEXTS OF
RESOLUTION FOR INFO. REGARDS, U NE OO.
************************************************



                       RESOLUTION 1244 (1999)

               Adopted by the Security Council at its 4011th meeting,
                             on 10 June 1999

 

The Security Council,

Bearing in mind the purposes and principles of the Charter of the United
Nations, and the primary responsibility of the Security Council for the
maintenance of international peace and security,

Recalling its resolutions 1160 (1998) of 31 March 1998, 1199 (1998) of
23 September 1998, 1203 (1998) of 24 October 1998 and 1239 (1999) of 14
May 1999,

Regretting that there has not been full compliance with the requirements
of these resolutions, Determined to resolve the grave humanitarian
situation in Kosovo, Federal Republic of Yugoslavia, and to provide for
the safe and free return of all refugees and displaced persons to their
homes,

Condemning all acts of violence against the Kosovo population as well as
all terrorist acts by any party,

Recalling the statement made by the Secretary-General on 9 April 1999,
expressing concern at the humanitarian tragedy taking place in Kosovo,

Reaffirming the right of all refugees and displaced persons to return to
their homes in safety,

Recalling the jurisdiction and the mandate of the International Tribunal
for the Former Yugoslavia,

Welcoming the general principles on a political solution to the Kosovo
crisis adopted on 6 May 1999 (S/1999/516, annex 1 to this resolution)
and welcoming also the acceptance by the Federal Republic of Yugoslavia
of the principles set forth in points 1 to 9 of the paper presented in
Belgrade on 2 June 1999 (S/1999/649, annex 2 to this resolution), and
the Federal Republic of Yugoslavia's agreement to that paper,

Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of the Federal Republic of Yugoslavia and the
other States of the region, as set out in the Helsinki Final Act and
annex 2,

Reaffirming the call in previous resolutions for substantial autonomy
and meaningful self-administration for Kosovo,

Determining that the situation in the region continues to constitute a
threat to international peace and security,

Determined to ensure the safety and security of international personnel
and the implementation by all concerned of their responsibilities under
the present resolution, and acting for these purposes under Chapter VII
of the Charter of the United Nations,

1. Decides that a political solution to the Kosovo crisis shall be based
on the general principles in annex 1 and as further elaborated in the
principles and other required elements in annex 2;

2. Welcomes the acceptance by the Federal Republic of Yugoslavia of the
principles and other required elements referred to in paragraph 1 above,
and demands the full cooperation of the Federal Republic of Yugoslavia
in their rapid implementation;

3. Demands in particular that the Federal Republic of Yugoslavia put an
immediate and verifiable end to violence and repression in Kosovo, and
begin and complete verifiable phased withdrawal from Kosovo of all
military, police and paramilitary forces according to a rapid timetable,
with which the deployment of the international security presence in
Kosovo will be synchronized;

4. Confirms that after the withdrawal an agreed number of Yugoslav and
Serb military and police personnel will be permitted to return to Kosovo
to perform the functions in accordance with annex 2;

5. Decides on the deployment in Kosovo, under United Nations auspices,
of international civil and security presences, with appropriate
equipment and personnel as required, and welcomes the agreement of the
Federal Republic of Yugoslavia to such presences;

6. Requests the Secretary-General to appoint, in consultation with the
Security Council, a Special Representative to control the implementation
of the international civil presence, and further requests the
Secretary-General to instruct his Special Representative to coordinate
closely with the international security presence to ensure that both
presences operate towards the same goals and in a mutually supportive
manner;

7. Authorizes Member States and relevant international organizations to
establish the international security presence in Kosovo as set out in
point 4 of annex 2 with all necessary means to fulfil its
responsibilities under paragraph 9 below;

8. Affirms the need for the rapid early deployment of effective
international civil and security presences to Kosovo, and demands that
the parties cooperate fully in their deployment; 

9. Decides that the responsibilities of the international security
presence to be deployed and acting in Kosovo will include:

(a) Deterring renewed hostilities, maintaining and where necessary
enforcing a ceasefire, and ensuring the withdrawal and preventing the
return into Kosovo of Federal and Republic military, police and
paramilitary forces, except as provided in point 6 of annex 2;

(b) Demilitarizing the Kosovo Liberation Army (KLA) and other armed
Kosovo Albanian groups as required in paragraph 15 below;

(c) Establishing a secure environment in which refugees and displaced
persons can return home in safety, the international civil presence can
operate, a transitional administration can be established, and
humanitarian aid can be delivered;

(d) Ensuring public safety and order until the international civil
presence can take responsibility for this task;

(e) Supervising demining until the international civil presence can, as
appropriate, take over responsibility for this task;

(f) Supporting, as appropriate, and coordinating closely with the work
of the international civil presence;

(g) Conducting border monitoring duties as required;

(h) Ensuring the protection and freedom of movement of itself, the
international civil presence, and other international organizations;

10. Authorizes the Secretary-General, with the assistance of relevant
international organizations, to establish an international civil
presence in Kosovo in order to provide an interim administration for
Kosovo under which the people of Kosovo can enjoy substantial autonomy
within the Federal Republic of Yugoslavia, and which will provide
transitional administration while establishing and overseeing the
development of provisional democratic self-governing institutions to
ensure conditions for a peaceful and normal life for all inhabitants of
Kosovo;

11. Decides that the main responsibilities of the international civil
presence will include:

(a) Promoting the establishment, pending a final settlement, of
substantial autonomy and self-government in Kosovo, taking full account
of annex 2 and of the Rambouillet accords (S/1999/648);

(b) Performing basic civilian administrative functions where and as long
as required; 

(c) Organizing and overseeing the development of provisional
institutions for democratic and autonomous self-government pending a
political settlement, including the holding of elections;

(d) Transferring, as these institutions are established, its
administrative responsibilities while overseeing and supporting the
consolidation of Kosovo's local provisional institutions and other
peace-building activities;

(e) Facilitating a political process designed to determine Kosovo's
future status, taking into account the Rambouillet accords (S/1999/648);

(f) In a final stage, overseeing the transfer of authority from Kosovo's
provisional institutions to institutions established under a political
settlement;

(g) Supporting the reconstruction of key infrastructure and other
economic reconstruction;

(h) Supporting, in coordination with international humanitarian
organizations, humanitarian and disaster relief aid;

(i) Maintaining civil law and order, including establishing local police
forces and meanwhile through the deployment of international police
personnel to serve in Kosovo;

(j) Protecting and promoting human rights;

(k) Assuring the safe and unimpeded return of all refugees and displaced
persons to their homes in Kosovo;

12. Emphasizes the need for coordinated humanitarian relief operations,
and for the Federal Republic of Yugoslavia to allow unimpeded access to
Kosovo by humanitarian aid organizations and to cooperate with such
organizations so as to ensure the fast and effective delivery of
international aid;

13. Encourages all Member States and international organizations to
contribute to economic and social reconstruction as well as to the safe
return of refugees and displaced persons, and emphasizes in this context
the importance of convening an international donors' conference,
particularly for the purposes set out in paragraph 11 (g) above, at the
earliest possible date;

14. Demands full cooperation by all concerned, including the
international security presence, with the International Tribunal for the
Former Yugoslavia;

15. Demands that the KLA and other armed Kosovo Albanian groups end
immediately all offensive actions and comply with the requirements for
demilitarization as laid down by the head of the international security
presence in consultation with the Special Representative of the
Secretary-General;

16. Decides that the prohibitions imposed by paragraph 8 of resolution
1160 (1998) shall not apply to arms and related matériel for the use of
the international civil and security presences;

17. Welcomes the work in hand in the European Union and other
international organizations to develop a comprehensive approach to the
economic development and stabilization of the region affected by the
Kosovo crisis, including the implementation of a Stability Pact for
South Eastern Europe with broad international participation in order to
further the promotion of democracy, economic prosperity, stability and
regional cooperation;

18. Demands that all States in the region cooperate fully in the
implementation of all aspects of this resolution;

19. Decides that the international civil and security presences are
established for an initial period of 12 months, to continue thereafter
unless the Security Council decides otherwise;

20. Requests the Secretary-General to report to the Council at regular
intervals on the implementation of this resolution, including reports
from the leaderships of the international civil and security presences,
the first reports to be submitted within 30 days of the adoption of this
resolution;

21. Decides to remain actively seized of the matter.

 

Annex 1

Statement by the Chairman on the conclusion of the meeting

of the G-8 Foreign Ministers held at the Petersberg Centre

on 6 May 1999

The G-8 Foreign Ministers adopted the following general principles on
the political solution to
the Kosovo crisis:

               - Immediate and verifiable end of violence and repression
in Kosovo;

               - Withdrawal from Kosovo of military, police and
paramilitary forces;

               - Deployment in Kosovo of effective international civil
and security
               presences, endorsed and adopted by the United Nations,
capable of
               guaranteeing the achievement of the common objectives;

               - Establishment of an interim administration for Kosovo
to be decided by
               the Security Council of the United Nations to ensure
conditions for a
               peaceful and normal life for all inhabitants in Kosovo;

               - The safe and free return of all refugees and displaced
persons and
               unimpeded access to Kosovo by humanitarian aid
organizations;

               - A political process towards the establishment of an
interim political
               framework agreement providing for a substantial
self-government for
               Kosovo, taking full account of the Rambouillet accords
and the principles
               of sovereignty and territorial integrity of the Federal
Republic of
               Yugoslavia and the other countries of the region, and the
demilitarization of
               the KLA;

               - Comprehensive approach to the economic development and
stabilization
               of the crisis region.

                

Annex 2

Agreement should be reached on the following principles to move towards
a resolution of the
Kosovo crisis:

1. An immediate and verifiable end of violence and repression in Kosovo.

2. Verifiable withdrawal from Kosovo of all military, police and
paramilitary forces according to a rapid timetable.

3. Deployment in Kosovo under United Nations auspices of effective
international civil and security presences, acting as may be decided
under Chapter VII of the Charter, capable of guaranteeing the
achievement of common objectives.

4. The international security presence with substantial North Atlantic
Treaty Organization participation must be deployed under unified command
and control and authorized to establish a safe environment for all
people in Kosovo and to facilitate the safe return to their homes of all
displaced persons and refugees.

5. Establishment of an interim administration for Kosovo as a part of
the international civil presence under which the people of Kosovo can
enjoy substantial autonomy within the Federal Republic of Yugoslavia, to
be decided by the Security Council of the United Nations. The interim
administration to provide transitional administration while establishing
and overseeing the development of provisional democratic self-governing
institutions to ensure conditions for a peaceful and normal life for all
inhabitants in Kosovo.

6. After withdrawal, an agreed number of Yugoslav and Serbian personnel
will be permitted to return to perform the following functions:

               - Liaison with the international civil mission and the
international security                presence;

               - Marking/clearing minefields;

               - Maintaining a presence at Serb patrimonial sites;

               - Maintaining a presence at key border crossings.

7. Safe and free return of all refugees and displaced persons under the
supervision of the Office of the United Nations High Commissioner for
Refugees and unimpeded access to Kosovo by humanitarian aid
organizations.

8. A political process towards the establishment of an interim political
framework agreement providing for substantial self-government for
Kosovo, taking full account of the Rambouillet accords and the
principles of sovereignty and territorial integrity of the Federal
Republic of Yugoslavia and the other countries of the region, and the
demilitarization of UCK. Negotiations between the parties for a
settlement should not delay or disrupt the establishment of democratic
self-governing institutions.

9. A comprehensive approach to the economic development and
stabilization of the crisis region. This will include the implementation
of a stability pact for South-Eastern Europe with broad international
participation in order to further promotion of democracy, economic
prosperity, stability and regional cooperation.

10. Suspension of military activity will require acceptance of the
principles set forth above in addition to agreement to other, previously
identified, required elements, which are specified in the footnote
below.1 A military-technical agreement will then be rapidly concluded
that would, among other things, specify additional modalities, including
the roles and functions of Yugoslav/Serb personnel in Kosovo:

          Withdrawal

               - Procedures for withdrawals, including the phased,
detailed schedule and
               delineation of a buffer area in Serbia beyond which
forces will be
               withdrawn;

Returning personnel

               - Equipment associated with returning personnel;

               - Terms of reference for their functional
responsibilities;

               - Timetable for their return;

               - Delineation of their geographical areas of operation;

               - Rules governing their relationship to the international
security presence
               and the international civil mission.

                

Notes

1 Other required elements:

                         - A rapid and precise timetable for
withdrawals, meaning,
                         e.g., seven days to complete withdrawal and air
defence
                         weapons withdrawn outside a 25 kilometre mutual
safety
                         zone within 48 hours;

                         - Return of personnel for the four functions
specified above
                         will be under the supervision of the
international security
                         presence and will be limited to a small agreed
number
                         (hundreds, not thousands);

                         - Suspension of military activity will occur
after the beginning
                         of verifiable withdrawals;

                         - The discussion and achievement of a
military-technical
                         agreement shall not extend the previously
determined time for
                         completion of withdrawals.

                          

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