GOC LURCHING FORWARD ON IMPLEMENTING MINORITIES LAW

C O N F I D E N T I A L SECTION 01 OF 03 ZAGREB 000995 SIPDIS E.O. 12958: DECL: 05/06/2008 TAGS: PGOV PHUM PREL HR PHUM PREL HR PHUM PREL HR IT ITPGOV ITPGOV SUBJECT: GOC LURCHING FORWARD ON IMPLEMENTING MINORITIES LAW REF: 02 ZAGREB 2991 CLASSIFIED BY: POLOFF A.F.GODFREY FOR REASONS 1.5 (B,D) SUMMARY -------------- ¶1. (C) IN DECEMBER 2002, THE CROATIAN PARLIAMENT PASSED A CONFIDENTIAL PAGE 02 ZAGREB 00995 01 OF 03 061502Z NEW "CONSTITUTIONAL LAW ON NATIONAL MINORITIES." THAT LAW WAS WIDELY HAILED BY THE INTERNATIONAL COMMUNITY AS A REASONABLE COMPROMISE AND A STEP FORWARD FOR MINORITY RIGHTS IN CROATIA. BUT THE CROATIAN GOVERNMENT HAS BEEN SLOW TO IMPLEMENT IT, AND CAME UNDER FIRE FROM THE INTERNATIONAL COMMUNITY FOR ITS DELAY. THE LAW CALLS FOR BROAD PROTECTIONS OF MINORITY RIGHTS, INCREASED LEVELS OF REPRESENTATION AND THE CREATION OF NEW LOCAL- AND NATIONAL- LEVEL "MINORITY COUNCILS." THESE NEW COUNCILS WILL BE STATE-FUNDED AND, WHILE THEY HAVE LITTLE DIRECT POLICY RESPONSIBILITIES, ARE EXPECTED TO BE INFLUENTIAL IN DIRECTING STATE RESOURCES AND IN SELECTING MINORITY CANDIDATES FOR LOCAL BY-ELECTIONS. ¶2. (C) ON APRIL 10, THE RACAN CABINET LURCHED INTO ACTION AND ANNOUNCED THAT ELECTIONS FOR LOCAL MINORITY COUNCILS WOULD TAKE PLACE ON MAY 18. MINORITY GROUPS COMPLAIN THAT THE WARNING TIME IS TOO SHORT AND THAT BUREAUCRATIC SNAFUS ARE PREVENTING REGISTRATION OF CANDIDATES. THE LEADER OF THE CROATIA'S ETHNIC ITALIAN MINORITY HAS CALLED FOR A BOYCOTT. THE OSCE MISSION IN CROATIA -- PERHAPS REFLEXIVELY -- HAS JOINED WITH THE MINORITIES IN OBJECTING TO THE SHORT NOTICE, BUT HAS ALSO CALLED ON ALL MINORITY GROUPS TO TAKE PART IN THE ELECTION. END SUMMARY. NEW "CONSTITUTIONAL LAW" ON MINORITIES ... -------------- ¶3. (C) CROATIA'S NEW "CONSTITUTIONAL LAW ON NATIONAL MINORITIES" (CLNM) WAS PASSED ON DECEMBER 13 (REFTEL) AFTER A DIVISIVE DEBATE FINALLY PRODUCED A COMPROMISE WITH WHICH MINORITY GROUPS, THE OPPOSITION AND THE INTERNATIONAL CONFIDENTIAL PAGE 03 ZAGREB 00995 01 OF 03 061502Z COMMUNITY DECLARED THEY COULD ALL LIVE. WHILE MINORITY GROUPS DID NOT GET EVERYTHING THEY WANTED, GUARANTEED MINORITY REPRESENTATION IN PARLIAMENT WAS INCREASED, AND THE LAW IS GENERALLY ACCEPTED AS A STEP FORWARD FOR MINORITY RIGHTS. ESTABLISHES "MINORITY COUNCILS" -------------- ¶4. (SBU) THE CLNM CALLS FOR THE ELECTION OF NEW MINORITY COUNCILS AT THE COMMUNITY, CITY AND COUNTY LEVEL. IN UNITS OF LOCAL SELF-GOVERNMENT (CITIES AND TOWNS),EACH ETHNIC MINORITY COMMUNITY WHICH HAS MORE THAN 200 INDIVIDUALS AND MAKES UP AT LEAST 1.5 PERCENT OF THE TOTAL POPULATION MAY ELECT A MINORITY COUNCIL. (A SINGLE TOWN WITH MORE THAN ONE SIGNIFICANT MINORITY COMMUNITY COULD HAVE MORE THAN ONE MINORITY COUNCIL.) IN ADDITION TO THE LOCAL MINORITY COUNCILS, THE CLNM CREATED A NATIONAL-LEVEL COUNCIL MADE UP OF FIVE MEMBERS APPOINTED BY THE GOVERNMENT, SEVEN ELECTED BY THE LOCAL-LEVEL COUNCILS PLUS ALL OF THE DESIGNATED MINORITY REPRESENTATIVES IN PARLIAMENT. ¶5. (SBU) IN MOST OF THEIR FUNCTIONS, MUNICIPAL MINORITY COUNCILS ARE EXPECTED TO ACT AS LOCAL-LEVEL WATCHDOGS FOR THE RIGHTS OF THE COMMUNITY THEY REPRESENT. COUNCILS ARE EMPOWERED TO PROPOSE LOCAL LEGISLATION WITH THE AIM OF ADVANCING THE GOALS OF THE MINORITY THEY REPRESENT. THEY MAY ALSO REVIEW DECISIONS OF THE LOCAL GOVERNMENT BODY AND, IF THEY BELIEVE A DECISION UNFAIRLY DISADVANTAGES MINORITIES, THEY MAY APPEAL IT DIRECTLY TO THE APPROPRIATE MINISTRY IN ZAGREB, WHICH MUST IN TURN ANNUL THE LOCAL GOVERNMENT CONFIDENTIAL PAGE 04 ZAGREB 00995 01 OF 03 061502Z DECISION WITHIN EIGHT DAYS IF IT AGREES WITH THE LOCAL COUNCIL. WHILE THE LAW DOES NOT IMPOSE QUOTAS FOR MINORITY REPRESENTATION IN CITY OFFICES, COUNCILS HAVE THE RIGHT TO "PROPOSE CANDIDATES FOR DUTIES IN STATE ADMINISTRATIVE BODIES AND BODIES OF SELF-GOVERNMENT UNITS." ¶6. (SBU) THE CLNM INSTRUCTS MUNICIPALITIES TO ALLOCATE FUNDS TO COVER THE ACTIVITIES OF LOCAL COUNCILS. COUNCILS HAVE THE SAME STATUS AS NGOS AND ARE EXPRESSLY PERMITTED BY THE NEW LAW TO USE FUNDS FROM PRIVATE DONATIONS, EVEN IF THEY ARE FROM FOREIGN GOVERNMENTS. ELECTIONS FOR MINORITY COUNCILS ON MAY 18 -------------- ¶7. (SBU) COUNCILS WILL BE ELECTED BY THE SAME RULES WHICH APPLY FOR ELECTIONS OF LOCAL GOVERNMENT BODIES. ACCORDING TO THESE RULES, THE ANNOUNCEMENT OF ELECTIONS MUST TAKE PLACE NOT LESS THAN THIRTY DAYS BUT NOT MORE THAN SIXTY DAYS BEFORE THE ELECTION. PM RACAN'S CABINET SET THE MAY 18 DATE FOR ELECTIONS TO THE MINORITY COUNCILS AT ITS CLOSED SESSION ON APRIL 10. THE DECISION BECAME FINAL ON APRIL 16, THE DATE OF ITS PUBLICATION IN CROATIA'S OFFICIAL GAZETTE. "TOO FAST," OBJECT MINORITY LEADERS CONFIDENTIAL CONFIDENTIAL PTQ8098 PAGE 01 ZAGREB 00995 02 OF 03 061502Z ACTION EUR-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 DODE-00 SRPP-00 DS-00 EB-00 FBIE-00 VC-00 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SCT-00 SP-00 IRM-00 STR-00 TRSE-00 USIE-00 EPAE-00 ECA-00 PMB-00 DSCC-00 PRM-00 DRL-01 G-00 NFAT-00 SAS-00 SWCI-00 /006W -------------- 606F9E 061502Z /38 P 061450Z MAY 03 FM AMEMBASSY ZAGREB TO SECSTATE WASHDC PRIORITY 0117 INFO EUROPEAN POLITICAL COLLECTIVE PRIORITY C O N F I D E N T I A L SECTION 02 OF 03 ZAGREB 000995 SIPDIS E.O. 12958: DECL: 05/06/2008 TAGS: PGOV PHUM PREL HR PHUM PREL HR PHUM PREL HR IT ITPGOV ITPGOV SUBJECT: GOC LURCHING FORWARD ON IMPLEMENTING MINORITIES LAW -------------- ¶8. (C) MINORITY LEADERS OBJECT TO THE SHORT NOTICE OF THE ELECTIONS, BUT MOST HAVE BEGUN PREPARATIONS TO ENSURE THEIR ORGANIZATIONS ARE REPRESENTED. SERB LEADER MILORAD PUPOVAC COMPLAINED THAT THE ANNOUNCEMENT WAS PUBLISHED RIGHT BEFORE THE EASTER SEASON, WHICH MEANT THAT MANY OF THE BUREAUCRATS WHO SHOULD HAVE BEEN ISSUING ELECTION MATERIALS WERE INSTEAD CONFIDENTIAL PAGE 02 ZAGREB 00995 02 OF 03 061502Z STRETCHING LONG WEEKENDS INTO HOLIDAYS. FULLY 237 MUNICIPALITIES HAVE A SIGNIFICANT ENOUGH MINORITY POPULATION TO ELECT MINORITY COUNCILS, EACH OF WHICH CAN HAVE FROM 10 - 15 MEMBERS (DEPENDING WHETHER IT IS A CITY/TOWN COUNCIL OR A COUNTY COUNCIL),PUPOVAC EXPLAINED, AND IT IS A MONUMENTAL TASK TO IDENTIFY CANDIDATES, PROVIDE THEM WITH REGISTRATION FORMS, ENSURE THEY HAVE THE APPROPRIATE NUMBER NOMINATION SIGNATURES AND THEN PAY THE FEE (ABOUT USD 7.00). ¶9. (C) PUPOVAC ADMITTED HE WAS CONCERNED THAT NATIONAL-LEVEL ETHNIC POLITICAL PARTIES, LIKE HIS INDEPENDENT SERBIAN DEMOCRATIC PARTY (SDSS),WOULD LOSE INFLUENCE IF THEY COULD NOT REACH OUT TO ENOUGH LOCAL-LEVEL CANDIDATES IN TIME TO SEAT A RESPECTABLE NUMBER OF LOCAL COUNCILORS. PUPOVAC SPECULATED THAT WHILE THE COUNCILS HAVE NO FORMAL ROLE IN SELECTING CANDIDATES FOR LOCAL-LEVEL BY-ELECTIONS (REQUIRED TO ENSURE PROPORTIONAL REPRESENTATION BY MINORITIES IN LOCAL COUNCILS),HE WAS SURE THAT THE COUNCILS WOULD BE INFLUENTIAL IN THAT PROCESS. ¶10. (C) ETHNIC HUNGARIAN LEADER TIBOR SANTO, WHO HOLDS ONE OF FIVE SEATS IN PARLIAMENT DESIGNATED FOR CROATIA'S ETHNIC MINORITIES, AGREED THAT THE DEADLINE IS SHORT, BUT SAID THAT HE EXPECTED ETHNIC HUNGARIANS TO FIELD LISTS OF CANDIDATES IN ALL OF THE TWO DOZEN MUNICIPALITIES WHERE HUNGARIANS MAKE UP ENOUGH OF THE POPULATION TO QUALIFY TO FORM MINORITY COUNCILS. HE SAID THAT THE GOVERNMENT HAD NOT ACTED INAPPROPRIATELY IN SETTING THE MAY 18 ELECTION DATE. CALL FOR ITALIANS TO BOYCOTT COUNCIL ELECTIONS -------------- - CONFIDENTIAL PAGE 03 ZAGREB 00995 02 OF 03 061502Z ¶11. (C) FURIO RADIN, THE MP REPRESENTING CROATIA'S ITALIAN MINORITY IN PARLIAMENT, INSISTS THAT THE MAY 18 DEADLINE IS FAR TOO SHORT AND HAS CALLED FOR THE GOVERNMENT TO SET ANOTHER DATE FAR IN THE FUTURE. HE PUBLICLY CALLED ON ETHNIC ITALIANS TO BOYCOTT THE ELECTION AND SAID THAT CROATIA'S ITALIAN UNION (AN ISTRIA-BASED ETHNIC POLITICAL GROUPING) WOULD NOT PARTICIPATE IN DRAFTING LISTS OF CANDIDATES. RADIN TOLD OSCE PRIVATELY THAT THE DEADLINES ARE "IMPOSSIBLE TO MEET" AND SPECULATED THAT THE MAY 18 DATE WAS "EITHER A RESULT OF UTTER INCOMPETENCE OR A CLEAR WISH ON THE PART OF THE GOVERNMENT TO DEMONSTRATE THAT MINORITIES WERE WEAK AND INCAPABLE." RADIN POINTED OUT TO THE OSCE THAT THE ELECTION RULES STATE THAT CANDIDATE LISTS MUST BE COMPLETED AND SUBMITTED WITHIN TWELVE DAYS OF THE ANNOUNCEMENT OF ELECTIONS. BECAUSE OF THE EASTER HOLIDAY, THIS PERIOD WAS SHORTENED FURTHER. IS RADIN JUST PROTECTING HIS INTERESTS? -------------- ¶12. (C) OTHER ETHNIC LEADERS WERE SURPRISED BY RADIN'S VEHEMENCE AND, WHILE THEY RESPECT THE STRONG STANCE TAKEN BY THE ITALIANS, THEY WONDER IF THE BOYCOTT TACTIC IS COUNTERPRODUCTIVE. SERB LEADER PUPOVAC SPECULATED TO US THAT ONE REASON THE ITALIANS MAY OBJECT TO THE NEW MINORITY ORDER IS BECAUSE THEY HAVE BEEN KNOCKED DOWN A PEG. BEFORE PASSAGE OF THE NEW CLNM, BOSNIAKS WERE NOT IDENTIFIED AS AN ETHNIC MINORITY. NOW (USING DATA FROM THE MOST RECENT CENSUS), BOSNIAKS ARE THE SECOND MOST NUMEROUS "NATIONAL MINORITY" IN CROATIA, WHICH MEANS THAT THEY WILL GET A LARGER SLICE OF CONFIDENTIAL PAGE 04 ZAGREB 00995 02 OF 03 061502Z STATE FUNDING THAN THE ITALIANS WILL. ¶13. (C) HUNGARIAN MP SANTO TOLD US THAT RADIN IS MOST LIKELY CONCERNED THAT THE NEW MINORITY COUNCILS WILL DISPLACE THE ITALIAN UNION. AS A POLITICAL ORGANIZATION, ONLY UNION MEMBERS ELECT THEIR OFFICERS. CROATIA'S ITALIAN UNION IS EXPRESSLY NAMED IN BILATERAL AGREEMENTS WITH THE GOVERNMENT OF ITALY AS THE REPRESENTATIVE FOR ETHNIC ITALIANS IN CROATIA. SANTO SPECULATED THAT IF ELECTIONS FOR THE NEW COUNCILS ARE SUCCESSFUL, THE ITALIAN UNION'S STATUS WILL DECREASE. HE SAID THAT THE MINORITY COUNCILS WERE NOT INTENDED TO BE AN EXTENSION OF NATIONAL-LEVEL ETHNIC POLITICAL ORGANIZATIONS. THEY WERE INTENDED RATHER TO EMPOWER A GROUP OF LOCAL MINORITIES TO SUPPORT AND DEFEND MINORITY ISSUES AT THE LOCAL LEVEL. ¶14. (C) MATO ARLOVIC, CHAIR OF THE PARLIAMENT'S CONSTITUTION, RULES AND POLITICAL SYSTEM COMMITTEE (WHICH DRAFTED THE CLNM) TOLD US THAT RADIN'S RESISTANCE IS ALL ABOUT MONEY. ACCORDING TO ONE PRESS ARTICLE, THE ITALIAN GOVERNMENT IS FUNDING THE ITALIAN UNION TO THE TUNE OF ALMOST 3.5 MILLION EURO IN 2003. A MINORITY COUNCIL WHICH REPRESENTES THE BROADER ETHNIC ITALIAN COMMUNITY IN CROATIA MIGHT AT SOME POINT COMPETE FOR THIS FUNDING. CONFIDENTIAL CONFIDENTIAL PTQ8102 PAGE 01 ZAGREB 00995 03 OF 03 061503Z ACTION EUR-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 DODE-00 SRPP-00 DS-00 EB-00 FBIE-00 VC-00 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SCT-00 SP-00 IRM-00 STR-00 TRSE-00 USIE-00 EPAE-00 ECA-00 PMB-00 DSCC-00 PRM-00 DRL-01 G-00 NFAT-00 SAS-00 SWCI-00 /006W -------------- 606FB1 061503Z /38 P 061450Z MAY 03 FM AMEMBASSY ZAGREB TO SECSTATE WASHDC PRIORITY 0118 INFO EUROPEAN POLITICAL COLLECTIVE PRIORITY C O N F I D E N T I A L SECTION 03 OF 03 ZAGREB 000995 SIPDIS E.O. 12958: DECL: 05/06/2008 TAGS: PGOV PHUM PREL HR PHUM PREL HR PHUM PREL HR IT ITPGOV ITPGOV SUBJECT: GOC LURCHING FORWARD ON IMPLEMENTING MINORITIES LAW OSCE PRESSES FOR GOC FLEXIBILITY -------------- ¶15. (C) PETER SEMNEBY, HEAD OF THE OSCE MISSION TO CROATIA, MET WITH FIRST DEPUTY PRIME MINISTER ANTE SIMONIC ON APRIL 25 TO LOBBY FOR MORE GOC HELP TO MINORITIES SEEKING TO REGISTER AS CANDIDATES. PUBLICLY, THE OSCE IS ENCOURAGING MINORITIES TO TAKE PART IN THE ELECTION, BUT PRIVATELY, THEY WONDER CONFIDENTIAL PAGE 02 ZAGREB 00995 03 OF 03 061503Z WHETHER RADIN IS RIGHT AND WHETHER THE GOC HAS ENGINEERED THIS PROCESS TO FAIL. DEPUTY PRIME MINISTER GORAN GRANIC HAS BEEN TASKED BY THE CABINET WITH IMPLEMENTING THE CLNM -- GRANIC HAS BEEN INCREASINGLY OBSTRUCTIONIST TO INTERNATIONAL COMMUNITY EFFORTS ON REFUGEE RETURNS AND WAR CRIMES. ¶16. (C) PUPOVAC ADMITS THAT THE ACRIMONIOUS DEBATE BEFORE PASSAGE OF THE CLNM MAY HAVE MADE SOME LEADING COALITION FIGURES -- INCLUDING DPM GRANIC -- LESS EAGER TO REACH OUT TO POLITICAL LEADERS OF THE MINORITY COMMUNITY. PUPOVAC SAID HE MET WITH GRANIC JUST AFTER THE APRIL 10 CABINET MEETING WHEN THE DATE FOR COUNCIL ELECTIONS HAD BEEN SET (BUT BEFORE PUBLICATION),BUT THE DPM MADE NO MENTION OF THE MAY 18 DATE. OSCE DEPUTY HEAD OF MISSION TODD BECKER (PLEASE PROTECT) ADMITTED THAT THE GOC ACTIONS HAVE BEEN LEGAL, BUT ADDED THAT HE THINKS THIS "OMISSION" COMBINED WITH THE DECISION TO SCHEDULE ELECTIONS AT THIRTY-TWO DAYS AFTER ANNOUNCING ELECTIONS (RATHER THAN CLOSER TO 60 DAYS) SHOWS THAT THE GOVERNMENT DOES NOT WANT THESE ELECTIONS TO BE A SUCCESS. GOC EXTENDS DEADLINE TO VERIFY VOTER ROLLS -------------- ¶17. (C) THERE ARE SOME RECENT SIGNS THAT THE GOVERNMENT IS RESPONDING TO PRESSURE TO MAKE THE ELECTIONS A SUCCESS. MANY MUNICIPALITIES HAVE ALREADY PUBLISHED CANDIDATE LISTS. ON MAY 5, THE GOVERNMENT ANNOUNCED AN EXTENSION OF THE DEADLINE FOR MINORITIES TO CHECK VOTER REGISTRATION LISTS TO ENSURE ALL ELIGIBLE RESIDENTS WILL BE ALLOWED TO CAST BALLOTS. PUPOVAC WELCOMED THE EXTENSION OF THE DEADLINE, BUT IT WAS NOT ENOUGH FOR RADIN; HE TOLD US ON MAY 6 THAT THE ITALIANS CONFIDENTIAL PAGE 03 ZAGREB 00995 03 OF 03 061503Z STILL PLAN TO BOYCOTT THE ELECTION AND PLANS TO SEEK A NEW DATE FOR ITALIAN ELECTIONS. (WE UNDERSTAND THAT THE BOYCOTT IS NOT TOTAL; SOME ETHNIC ITALIAN COMMUNITIES HAVE PROPOSED CANDIDATE LISTS OVER THE OBJECTIONS OF THE ITALIAN UNION.) COMMENT -------------- ¶18. (C) THE INTERNATIONAL COMMUNITY HAS BEEN PUSHING THE GOC TO MOVE FORWARD ON IMPLEMENTING THE CLNM SINCE IT WAS PASSED, AND THE MINORITY COMMUNITIES HERE HAVE CHEERED US ON. NOW THAT THE GOC IS MOVING FORWARD, THE MINORITIES ARE CRYING "FOUL" AND ARE ASKING FOR A DELAY IN THIS ELECTION. THIS ELECTION SHOULD NOT HAVE COME AS A SURPRISE TO ANYONE IN THE MINORITY COMMUNITY, LEAST OF ALL TO RADIN. HE HELPED DRAFT THE CLNM AND KNOWS THE DEADLINES AND TIME LIMITS IN THE ELECTION RULES. WE THINK THE OSCE'S CURRENT PUBLIC LINE IS RIGHT ON THE MONEY: KEEP THE PRESSURE ON THE GOC TO COMMIT RESOURCES AND SHOW FLEXIBILITY AS THE ELECTION APPROACHES WHILE AT THE SAME TIME ENCOURAGING MINORITIES TO PARTICIPATE. ROSSIN CONFIDENTIAL >