United Nations
S/RES/1244 (1999)
10
June 1999
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.