Serbian Ambassador to UNESCO, Darko Tanaskovic
Pristina expects admission to UNESCO, referring to the number of member states that have recognized the self-proclaimed independence of Kosovo, the fact that it has already entered into many financial, cultural and international organizations, as well as the legally non-binding opinion of the International Court of Justice on the Declaration of Independence. Are these arguments sufficient versus current UN SC Resolution 1244?
From the international – legal perspective, by the Resolution 1244 was established the status of the Kosovo province, which should be binding for all states which accept the basic documents of the United Nations. Serbia fully complies with this framework. Contrary to the legal reality represented by Resolution 1244, there is, unfortunately, parallel, but actual political reality, materialized in the fact that the 111 subjects of international law recognized Kosovo as an independent state. In relation to Kosovo’s request for UNESCO membership we are faced with attempts that situation created by the political violation of Resolution 1244 (and international law) transmit at the level of the UN system, for which UNSC resolution should be inviolable. However, it does not mean that it will happen. In this case, UN Secretary General Ban Ki-moon said that they will act in accordance with Resolution 1244.
What is the role of UNMIK in submitting Kosovo’s request for UNESCO membership?
The role of UNMIK in submitting Kosovo request does not exist. Pristina authorities planned such a role for UNMIK, but UNESCO Secretariat, in compliance with the Resolution 1244, was not ready to officially communicate with an entity that has no international legal recognition, i.e. from the standpoint of the United Nations is not a state. Due to the fact that at the international level UNMIK may represent the provisional institutions in Pristina only till certain level, it is clear that assuming the role of ‘postmen’ between the Minister of Foreign Affairs of Kosovo, and the Director General of UNESCO would drastically violate UNMIK competences. Since such thing so far didn’t happen, there is no point to speculate about what would happen if UNMIK did it.
