Identifier
Created
Classification
Origin
06SARAJEVO3209
2006-12-20 17:05:00
CONFIDENTIAL//NOFORN
Embassy Sarajevo
Cable title:  

BOSNIA - GBIH OPTS FOR UNILATERAL ACTION ON

Tags:  PGOV PREL PINR KJUS EUN BK 
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ZNY CCCCC ZZH
P 201705Z DEC 06
FM AMEMBASSY SARAJEVO
TO RUEHC/SECSTATE WASHDC PRIORITY 5078
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 0027
RUEAIIA/CIA WASHDC
RUEKDIA/DIA WASHINGTON DC
RUEAWJA/DOJ WASHDC
RUFOAOA/USNIC SARAJEVO
C O N F I D E N T I A L SECTION 01 OF 03 SARAJEVO 003209 

SIPDIS

NOFORN
SIPDIS

DEPARTMENT FOR EUR/SCE

E.O. 12958: DECL: 12/19/2016
TAGS: PGOV PREL PINR KJUS EUN BK
SUBJECT: BOSNIA - GBIH OPTS FOR UNILATERAL ACTION ON
DECERTIFIED POLICE ISSUE

REF: A. USUN 2168


B. USUN 842

C. 04 USUN 416

Classified By: Ambassador Douglas McElhaney for Reasons 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 03 SARAJEVO 003209

SIPDIS

NOFORN
SIPDIS

DEPARTMENT FOR EUR/SCE

E.O. 12958: DECL: 12/19/2016
TAGS: PGOV PREL PINR KJUS EUN BK
SUBJECT: BOSNIA - GBIH OPTS FOR UNILATERAL ACTION ON
DECERTIFIED POLICE ISSUE

REF: A. USUN 2168


B. USUN 842

C. 04 USUN 416

Classified By: Ambassador Douglas McElhaney for Reasons 1.4 (b) and (d)


1. (C/NF) Summary: After several years of lobbying the United
Nations to revise its stance on police officers decertified
by the United Nations International Police Task Force
(UNIPTF),the Bosnian Government has opted for unilateral
action. Rather than accept a UN proposed compromise to allow
the decertified policemen to work in non-executive police
jobs and in private security firms, the Bosnian government
decided to set up its own council to review the UNIPTF
decisions. OHR staff tell us this action violates Bosnia's
international obligations to honor its commitments under
Annex 11 of the Dayton Peace Accords and several subsequent
UN Security Council resolutions. They have also told us that
rather than clearly instruct the Bosnian Government to stop
this course of action, High Representative Christian
Schwarz-Schilling has chosen to wait in order to see if the
Bosnian decision will pressure the UNSC to make further
concessions. OHR staff are concerned that the High Rep's
approach may constitute a failure to carry out his duties as
per Annex 10 of the Dayton Peace Accords, and would set a
dangerous precedent. We plan to raise the issue at the
December 22 Steering Board Ambassadors meeting. We will urge
that the High Rep deliver a clear unambiguous message that
unless the Council of Ministers reverses course, the High Rep
will act to protect the Dayton Accords. End Summary

Background on Decertified Police
--------------


2. (U) As part of its Mission in Bosnia-Herzegovina from
1996-2002, the United Nations International Police Task Force
(UNIPTF) conducted a vetting process for police officers.
The officers, who met the criteria, were given a UN
Certificate. Any police officer that failed the process was
decertified and could no longer work for any law enforcement

agency in Bosnia. According to UN estimates approximately
16,000 police were certified and 600 decertified. Prior to
the expiration of its mandate at the end of 2002, UNIPTF
provided decertified police officers with a limited closed
session appeal process of their cases. Current figures
indicate that approximately 250 decertified police officers
wish to challenge the UNIPTF decision. Some have filed
claims with Bosnian courts and the Bosnian Human Rights
Commission since 2002. However, it was then unclear whether
domestic courts could exercise jurisdiction over UNIPTF
decisions.


3. (U) The absence of an appeal process for the decertified
police officers and the difficulties they have had in finding
employment has been the subject of many demonstrations and
complaints by human rights organizations. In December 2004
Bosnian Prime Minister Adnan Terzic requested assistance from
the Council of Europe's advisory body on constitutional
matters, the European Commission for Democracy through Law
(Venice Commission). In October 2005 the Venice Commission
ruled that UNIPTF had failed to provide the relevant police
officers with a public, adversarial, impartial, and
independent examination of their rights and that the UNIPTF
review process was inadequate under provisions of
international human rights law. It also concluded that
neither the courts in Bosnia nor any other domestic Bosnian
authority was competent to review or reverse the IPTF
decisions.

Recent Developments
--------------


4. (SBU) Since his arrival in January, OHR High
Representative Christian Schwarz-Schilling has been a vocal
advocate on behalf of the decertified police officers. He
raised the issue with the UNSC on April 18 and November 8,
2006 (Refs A and B). In November he also met with UN
officials to present a proposal to form a UN authorized
Review Body to review those contested UNIPTF decertification
cases. In a November 15 letter to Schwarz-Schilling,
Jean-Marie Guehenno, Undersecretary General for Peacekeeping
Operations (DPKO) rejected this proposal, but said the UN
would consider issuing a clarification that the decertified

SARAJEVO 00003209 002 OF 003


policemen could work for private security agencies and could
hold non-executive (administrative) positions in the police
forces. Bosnian Minister for Human Rights Mirsad Kebo along
with the Federation and RS associations of decertified police
rejected the UN proposal as inadequate. Kebo also announced
he would stage a hunger strike as of December 21, if the UN
did not create a mechanism for reviewing the decertified
police officers' cases. (Note: Kebo has sinced announced that
friends and family had persuaded him not to go on hunger
strike. End Note). At the same time, a group of decertified
police officers staged a two-day protest in front of the
offices of the Council of Ministers.

OHR inaction in the face of Dayton Violation?
--------------


5. (SBU) Dissatisfied with the UN compromise solution, the
Bosnian government has threatened to take unilateral action.
On December 14 the Council of Ministers (COM) announced it
would create its own domestic committee to review the
contested cases of UNIPTF decertification. Though the Prime
Minister has not yet signed the order creating the Committee,
it would impact the approximately 250 decertified police
officers who had challenged the IPTF decision in Bosnian
courts. On December 15, OHR High Representative
Schwarz-Schilling sent a letter to DPKO Undersecretary
Guehenno, citing the planned commission, the protests, and
the possible hunger strikes, and warned that the situation
was getting increasingly difficult to manage. He also
proposed a new solution: The UN would lift the employment
bans stemming from all IPTF decisions and allow decertified
individuals to apply for positions in any law enforcement
agency. Decisions about hiring these individuals would be
made by Bosnian authorities based on eligibility criteria
enshrined in Bosnian law.


6. (C) OHR staff tell us that they warned the High Rep that
the Council of Minister's December 14 proposal to
unilaterally review UNIPTF decisions directly violates
Bosnia's international obligations to comply with the terms
of Annex 11 of the Dayton Peace Accords and several UN
Security Council resolutions (Ref C). At the December 15
Steering Board Ambassadors meeting, Schwarz-Schilling
asserted that he has raised these concerns with the Council
of Ministers, and on December 19 he sent a letter to Minister
Kebo stressing that a solution to the IPTF issue "has to be
resolved in keeping with Bosnia and Herzegovina's
international obligations." OHR staff tell us the High Rep
plans no direct action against the COM decision because he as
he sees it as a tool for leveraging additional concessions
from the UN. (Note: Indeed, Schwarz-Schilling's message to
Kebo was to submit the CoM proposal to the UN. End Note).
Several OHR staff expressed concern that High Rep's warnings
to the Council of Ministers have been too mild in the face of
what they view as a clear threat by the CoM to violate
Dayton. OHR staff worry that the HighRep's approach could
set a dangerous precedent, particularly with regard to ICTY
removals.

Comment
--------------


7. (C/NF) Schwarz-Schilling arrived in January 2006 already
persuaded that the decertified police officers had been
wronged by the international community (i.e. the UN and the
previous High Rep). While some may well have been treated
unfairly, Schwarz-Schilling's decision to make this one of
his cause celebre is difficult to justify, given OHR's other
responsibilities. It has also had the effect of hardening
the positions of the decertified officers and the Bosnian
government, making it more difficult for the latter to
negotiate an acceptable compromise with the UN. The
political pressure generated by the decertified officers is
one reason the Bosnian government cites for its rejection of
the UN November 15 proposal and it threat to create its own
domestic review process. More disconcerting are OHR staff
claims that Schwarz-Schilling is unwilling to deliver a
strong, clear message -- consistent with his responsibilities
under Annex 10 of the Dayton Peace Accords -- about the CoM's
handling of the IPTF issue. From our perspective, the
HighRep has allowed himself to become an advocate for the
decertified police officers and a defacto informal advisor to
the Bosnian government. By adopting this role on an issue

SARAJEVO 00003209 003 OF 003


which would best be worked out directly between the Bosnian
government and the UN, he has allowed this issue to distract
him from other priorities and his larger responsibilities.
We plan to make a forceful intervention at the December 22
meeting of the SBA expressing USG concern about the COM
action and the High Rep's handling of it. End Comment
MCELHANEY