(110th U.S. Congress: 2007-2008)
110th CONGRESS
1st Session
H. RES. 445
Expressing the sense of the House of Representatives that the United States should support a mutually-agreed solution for the future status of Kosovo and reject an imposed solution for the status of Kosovo.
IN THE HOUSE OF REPRESENTATIVES
May 24, 2007
Ms. BEAN (for herself and Mr. BURTON of Indiana) submitted the following resolution; which was referred to the Committee on Foreign Affairs
RESOLUTION
Expressing the sense of the House of Representatives that the United States should support a mutually-agreed solution for the future status of Kosovo and reject an imposed solution for the status of Kosovo.
Whereas the United States has enduring national interests in the peace and security of southeastern Europe, and in the greater integration of the region into the Euro-Atlantic community of democratic, well-governed states;
Whereas stability of Serbia and its full integration into the Euro-Atlantic community of democracies furthers the stability in the entire Balkan region;
Whereas the people of Serbia forced Slobodan Milosevic out of power in October 2000 and ever since have elected pro-European and pro-Western leaders during the following seven democratic elections that have been conducted;
Whereas pursuant to all relevant international agreements and treaties, including the Charter of the United Nations, United Nations Security Council Resolution 1244, and the Final Act of the Conference on Security and Cooperation in Europe (Helsinki Final Act), and international law generally, Kosovo is legally part of Serbia and its state sovereignty;
Whereas the vast majority of Serbs and other minorities live in isolation and extremely poor conditions in Kosovo especially in the central and eastern regions;
Whereas United Nations Security Council Resolution 1244 established the United Nations Mission in Kosovo (UNMIK) to bring stability, the rule of law, protection of human rights, and reconstruction to the war-torn province of Kosovo;
Whereas United Nations Security Council Resolution 1244 also reaffirms that Kosovo is a part of Serbia;
Whereas since 1999 Serbia has had no political, military, or economic presence in its province of Kosovo;
Whereas since the arrival of UNMIK and North Atlantic Treaty Organization (NATO) forces in Kosovo, more than 200,000 Serbs and other Kosovo minorities have been displaced from their homes in Kosovo by Albanian extremists, more than 1,500 Serbs have been murdered, more than 100 churches and monasteries have been burned and destroyed, and more than 20,000 houses have been destroyed;
Whereas the current status of Kosovo is contentious for both Serbia and its province of Kosovo;
Whereas any attempt to impose a solution on Kosovo's final status on Serbia could contribute to greater instability and inhibit its economic and political development;
Whereas imposed independence for Kosovo will strengthen radical and nationalistic, anti-Western forces in Serbia and could hinder Serbia's progress toward joining the European Union and NATO;
Whereas in 2005, the United Nations Secretary-General appointed the former President of Finland, Martti Ahtisaari, as United Nations Special Envoy for Kosovo to develop a comprehensive settlement proposal to resolve the political status of Kosovo;
Whereas in March 2007, after 18 months of inconclusive talks, the United Nations Special Envoy for Kosovo submitted to the Security Council a `comprehensive settlement proposal' that would result in supervised independence for Kosovo;
Whereas the United Nations Special Envoy for Kosovo ultimately failed to reach a solution that would be acceptable for both sides; and
Whereas the United Nations Special Envoy for Kosovo was unable to find a compromise solution between Serbia and the Kosovo Albanians that would allow an enduring and stable final status for Kosovo: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives that--
(1) the United States should support a mutually-agreed solution for the future status of Kosovo for both Serbia and Kosovo through a new round of negotiations if needed;
(2) the United States should support an outcome that creates an economically viable and politically stable Kosovo, Serbia, and greater Balkan region where the human rights of all persons are protected;
(3) the United States should insist on fulfillment of all agreed-upon democratic standards in Kosovo set forth previously by the United Nations before supporting final status for Kosovo;
(4) the United States should, in consultation and cooperation with its allies, vigorously and patiently pursue a United Nations Security Council resolution that endorses a solution acceptable for both parties;
(5) the United States should restrain from any unilateral action toward Kosovo's independence, especially actions outside the United Nations, to prevent damaging the United States positions in the international community;
(6) the United States should work together with the European Union in supporting the political and economic development of both the province of Kosovo and Serbia;
(7) the United States should support the full integration of the province of Kosovo and Serbia into international and Euro-Atlantic institutions;
(8) the United States should reaffirm its commitment to southeastern Europe, including its participation in the NATO mission in Kosovo to deter and disrupt any efforts to destabilize the region through violence;
(9) the provincial Government of Kosovo should take full responsibility to reassure, protect, and ensure the full political and economic rights of Serbs and other minority communities in Kosovo;
(10) the provincial Government of Kosovo should make every effort to develop a cooperative relationship with the Government of Serbia, in recognition of its legitimate interests in the safety of the Serb population, the property rights of the Serb population in Kosovo and in the protection and preservation of the patrimonial sites of the Serbian Orthodox Church in Kosovo;
(11) the international community should recognize that additional negotiations and diplomacy does not represent a delay of the process and that it is better to find a mutually-acceptable solution than to have prolonged crisis and confrontation in the Balkans;
(12) the international community should recognize that the Government of Serbia currently has legal sovereignty over Kosovo as outlined by United Nations Security Council Resolution 1244; and
(13) the Government of Serbia should continue toward a prosperous and peaceful future through regional cooperation and integration into Euro-Atlantic institutions, including NATO and the European Union, and toward the establishment of open, constructive relations with the provincial government of Kosovo.
1 comment:
At this juncture, the greatest threat to stability in the Balkans lies in a possible unilateral recognition of Kosovo's independence by the United States, followed by others.
Here are ten reasons why this should not happen. Pass on the 'Decalogue' to your friends and political representatives.
TEN REASONS TO OPPOSE A UNILATERAL RECOGNITION OF KOSOVO'S INDEPENDENCE
1. The authority of the UN would be gravely undermined
Never in the history of the United Nations has the United States violated an existing Security Council resolution. By unilaterally recognizing Kosovo's independence in defiance of Security Council Resolution 1244, it would be doing exactly that.
2. Kosovo would not be able to join the UN
UN membership for new States is regulated by Article 4 Paragraph 2 of the UN Charter which provides that admission "will be effected by a decision of the General Assembly upon the recommendation of the Security Council". Russia and China would surely block such recommendation.
3. Kosovo's status would be in limbo
Kosovo's international legal personality would be recognized by some countries and denied by others, thus leaving the question of its status unsettled.
4. Kosovo's development would be stopped
The political uncertainty over Kosovo's status combined with permanent tensions with Serbia would have worse effects on Kosovo's economy than the current status quo. International investors would turn away from the region and Kosovo's development prospects would be dealt a severe blow for the years to come.
5. Nationalism would be on the rise
Politicians with an uncompromising agenda would find new appeal among disenchanted citizens, threatening to throw the region back to where it was a decade ago.
6. The 'Kosovo case' would become a precedent
Without a UN Security Council resolution sanctioning Kosovo's "uniqueness", its independence would be seen as a precedent vindicating secessionist causes the world over.
7. Kosovo's independence would hurt America's friends
If the United states unilaterally recognized Kosovo's independence, what would prevent Russia from unilaterally recognizing South Ossetia's, Abkhazia's and Transnistria's independence bids? From an international law perspective, such a move would be equally illegal. But when politics is once allowed to rise above the law, it necessarily creates a law of its own – that of the jungle.
8. America would loose Serbia and strengthen Russia
Serbia would definitively turn its back on NATO membership. It might also forge closer ties with Russia, providing the latter with an unexpected opportunity to advance its economic and other interests in Europe's heartland.
9. European stability would be jeopardized
Kosovo's unclear status will lead to an increase in arms smuggling and a military build-up on both sides. Unforeseen spill-over effects in neighbouring Macedonia and Montenegro with large Albanian and Serbian populations cannot be ruled out.
10. US/EU relations would deteriorate
In case the US moves unilaterally on Kosovo, the EU would not be able to follow suit by acting as a political block. Europe's internal divisions would be exposed, damaging its image and future diplomatic initiatives. The hand of those in Europe who want to cultivate a close relation with the US would be weakened, while the message of those who believe the US would rather see Europe remaining a second-rate foreign policy player would find new resonance.
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