Serbia

The United Nations is the only universal institution that unites us all as a global community of independent States. At the very heart of this indispensable Organization stands the General Assembly, the only place in the world where the sovereign voices of all countries are given an equal, legitimate say in the future course of mankind. Safeguarding the principles of the United Nations Charter remains much more important than the policies of any single nation, especially during transformative periods such as this. The international system seems to be undergoing a paradigm shift that, in many ways, is comparable in scope to those that occurred in 1945 and 1989. No one is yet able to reliably predict how deep the change will turn out to be. What is becoming evident is that interrelated factors — the most recent of which is the global economic crisis — have caused the arrival of a new set of circumstances on the world stage. A broad repositioning appears to be taking place. The global balance of power is shifting as new financial models compete for primacy. All in all, international relations are becoming less predictable. Achieving consensus on fundamental issues that affect us all has never been more important. As United Nations Member States, it is incumbent upon us to work more closely together to reaffirm the rules that govern the international system, to reinforce the territorial integrity of Member States, to entrench interdependence and to complete the transition from the old order, based on political and economic domination, to one established on equitable cooperation among all nations. That is the only way to build a future of global peace, stability and prosperity. It is the only way to enhance the dialogue among civilizations, to make multilateralism more effective and to provide for sustainable development and eradicate poverty throughout the world. And it is the only way to effectively fight terrorism and cross-border organized crime and to promote nuclear disarmament. We must also work more in concert with one another to combat the effects of climate change. That 09-52470 2 will continue to be strongly emphasized over the course of Serbia’s two-year presidency of the Governing Council of the United Nations Environmental Programme. As part of our efforts, we have proposed the establishment of a regional climate change centre in Belgrade, Serbia. As a responsible global citizen, we have underlined the necessity of agreeing on a fair and balanced emissions reduction scheme and, in particular, on a new comprehensive climate agreement — one that will secure eco-friendly investments, stimulate innovation and facilitate the global spread of technologies, knowledge and experience. In short, working towards a “green economy” will decisively contribute to placing the whole world firmly on the path towards a cleaner, more sustainable path. How we conduct ourselves at this time of great transformation will constitute a precedent with far- reaching consequences for generations to come. Simply put, we are at a point of decision: will we choose a world in which there are no rules as exceptions become the new norms, devoid of any meaning except “might makes right”? Or will we opt to solidify the great gains achieved when the principles of an equitable international order were embodied in the United Nations Charter? I believe that only the latter alternative provides a future that all United Nations Member States can work in concert to bring about. The starting point remains universal respect for international law. No one should be above it, no one should stand beyond its reach and no one should feel at liberty to declare an exception to its jurisdiction and scope. And yet that is precisely what was recently attempted. I come before the Assembly as the President of a country that is trapped at the centre of one of the most dangerous challenges to the universality of the international system since the founding of the United Nations. I speak of UDI — the unilateral declaration of independence by the ethnic Albanian authorities of Serbia’s southern province of Kosovo and Metohija. This attempt at secession stands in direct violation of Serbia’s democratic Constitution, as well as the basic principles of the United Nations Charter, the Helsinki Final Act and Security Council resolution 1244 (1999). Some say Kosovo’s unilateral declaration of independence is a unique case. But in truth it is an attempt to forcibly partition a Member State of the United Nations against its will and without regard for the firm opposition of the Security Council. It is an attempt to impose a nineteenth-century outcome on a twenty-first century challenge. Serbia will never, under any circumstances, implicitly or explicitly, recognize the unilateral declaration of independence of the ethnic Albanian authorities of our southern province. We will continue to vigorously defend our integrity in a non-confrontational manner, using all peaceful means at our disposal. That is why, at the very outset of this grave crisis, Serbia ruled out the use of force. We chose to respond to Kosovo with the utmost responsibility and restraint. Serbia opted for a diplomatic approach, the result of which is that a vast majority of United Nations Member States have refrained from recognizing the unilateral declaration of independence in Kosovo and have continued to abide by their Charter obligation to respect the sovereignty and territorial integrity of my country. On behalf of the Republic of Serbia, allow me once again to sincerely thank these countries for their adherence to the principles of international law. While categorically rejecting violence and unilateralism, Serbia has been equally emphatic in demanding that justice be delivered through the proper legal means at the disposal of any United Nations Member State. As part of our constructive approach, we decided to contest the issue of Kosovo’s unilateral declaration of independence before the principal judicial organ of the United Nations, the International Court of Justice, which was tasked by General Assembly resolution 63/3 with issuing an advisory opinion on whether that declaration is in accordance with international law. I would like to take this opportunity to inform the Member States that the Court has concluded the preliminary, written phase of its proceedings in the case. Public hearings are scheduled to begin on 1 December, with a decision by the Court expected sometime next year. Let me express my sincere gratitude to all those countries that have chosen to actively support Serbia’s strategic choice to transfer the Kosovo issue to the judicial arena. The case marks the first time in the history of the Court that it has been asked to consider the legality of an attempt at secession by an ethnic group from a United Nations Member State. There is 3 09-52470 no doubt that the Court’s conclusions will constitute a powerful legal precedent, with overarching consequences for the United Nations system. The outcome will either strongly deter other separatist movements from attempting to secede, or produce a result that could encourage them to act in a similar fashion. Plainly stated, should Kosovo’s unilateral declaration of independence be allowed to stand, a door would open for challenging the territorial integrity of any United Nations Member State. The uniquely important nature of this case has been acknowledged by the international community. As we know, all five permanent members of the Security Council have confirmed their participation in the public hearings before the International Court of Justice. It is in this context that I appeal to all Member States to respect the fact that the Court continues to be actively engaged on the issue. Its deliberations should not be prejudged and its work should not be obstructed. The Court’s proceedings have to be allowed to run their course without political pressure, such as any further recognition of Kosovo’s unilateral declaration of independence. On behalf of the Republic of Serbia, I encourage all non-recognizing Member States to stay the course. By maintaining respect for my country’s sovereignty and territorial integrity, together we will help ensure that international law continues to close in on the issue of unilateral declarations of independence. Serbia’s decision to turn to the International Court of Justice to contest the Kosovo issue has been complemented by a policy of constructive engagement with all legitimate actors on the ground in Kosovo. We maintain support for a reconfigured United Nations Interim Administration Mission in Kosovo (UNMIK) and its continuing indispensability. We have also welcomed a status-neutral European Union Rule of Law Mission in Kosovo (EULEX), working in our southern province on the basis of Security Council resolution 1244 (1999), which continues to operate under the overall authority of the United Nations. I call on all responsible stakeholders invested in the future of Kosovo to work more closely with the Government of Serbia on implementing in full the Secretary-General’s six-point plan (S/2008/354, annex I), which was welcomed by the Security Council in November 2008. This is a time for leadership and working together, not for increasing the divide. We all have our constraints, and they should be respected. Let us create new opportunities for achieving practical results, by engaging with one another on a host of concrete questions for the benefit of all residents of Kosovo province, including the Serbs — the community most at risk in all of Europe. (spoke in French) Democracy in Serbia is sound; our society rests on a solid foundation and our values have been strongly confirmed by law. The basis of our strategic approach to national development is the call for all European nations to share their common destiny. On many occasions our actions, in very difficult circumstances, have proved our determination to become a member of the European Union (EU). Despite setbacks, our core strategic priority remains that of attaining EU membership, not merely on grounds of geography, heritage or economic prosperity, but also because of the essential values that we share. These are values that proclaim soft power in foreign policy and the primacy of law in domestic affairs; achieving consensus in Brussels and standards of human rights throughout the EU. These are values that proclaim freedom of movement for all citizens of Serbia in the Schengen area, the tangible result of our process of entry into the EU, which we hope to see implemented on 1 January 2010. This will bring us closer to Europe, for the right to travel without a visa is to the citizens of Serbia the expression of what the EU means on a daily basis. But these are also values that have led us to modernize our administration, to adopt exemplary legislation in areas such as anti-discrimination and the protection of minorities, and to redouble our efforts towards regional reconciliation. That is an important reason why Serbia will shortly complete its full cooperation with the International Criminal Tribunal for the Former Yugoslavia: it is a legal and moral obligation towards victims, towards ourselves and, above all, towards future generations. As the twentieth anniversary of the fall of the Berlin wall approaches, we must not forget that the objective of uniting all the nations of Europe under the same roof has not yet been attained. Much remains to be done. Expansion fatigue must not emerge as a new reality in Europe. Solidarity must remain a high priority. It will never be time to consider an exit strategy with regard to the Western Balkans. Permit me to stress that the facts are clear. All benefit from expansion: old and new members, as well 09-52470 4 as potential members of the EU. This goes beyond our wildest dreams, even at a time of economic challenges and political demoralization. That is because the values that unite us are strong and just. (spoke in English) In that context, let me underline the necessity of strengthening regional cooperation. In June, Serbia hosted 15 heads of State during the Central European Summit, whose main topic was the interdependence of the economy, EU integration and energy. That demonstrated our commitment to acting constructively and working closely together with neighbouring countries to ensure that regional peace is consolidated. With regard to Bosnia and Herzegovina, Serbia is a guarantor of the Dayton Agreement. Let there be no doubt that we will remain committed to the sovereignty and territorial integrity of that neighbouring country, as we will to those of all other United Nations Member States in the region and across the world. In short, as the strategic anchor of stability in the Western Balkans, Serbia will invest even greater efforts in completing the democratic transformation of our part of Europe. Serbia’s robust European vision is complemented by our strong determination to pursue a carefully balanced, artfully executed and active foreign policy aimed at engagement with nations throughout the world, near and far. That is in our long-term interest and will not change. Therefore, our engagement with Brussels, Moscow, Washington and Beijing — the four enduring pillars of Serbia’s foreign policy — will continue to be strengthened in the time ahead. In conclusion, I want to emphasize another important dimension of our foreign policy. Serbia will continue to deepen ties with proud nations across the globe, many of which are members of the Non-Aligned Movement (NAM). My country is the largest successor to a founding member of the Movement. Serbia’s capital, Belgrade, was the site of the first NAM summit, held in 1961. That is why I have proposed that the fiftieth anniversary of the Non-Aligned Movement be celebrated in Belgrade with an extraordinary summit under the auspices of the Egyptian chairmanship. Let me emphasize that Serbia will continue to engage with NAM countries, not only to honour a legacy from the past and to renew traditional friendships, but also because we believe that international stability and prosperity cannot be consolidated without taking into account the views of the majority in the global family of nations. I close by saying that the time for anyone to procrastinate, to try half-measures or to delay and discourage is coming to a close. In its place, we are entering a period in which only results matter — a period of consequence and momentous choice. Now comes our time of testing. Our vision is simple: the universal application of the principles contained in the United Nations Charter, the strengthening of international law and human rights in an increasingly interdependent world, the equitable development of the global economy and the sustainable management of the environment throughout the world. Let us all have the courage to see that vision through to its rapid and noble completion.