BOSNIA: CONSTITUTIONAL REFORM REJECTED BY TWO

C O N F I D E N T I A L SARAJEVO 000937 SIPDIS SIPDIS DEPT FOR D (SMITH),P (BAME),EUR (DICARLO),EUR/SCE (ENGLISH, SAINZ, FOOKS),NSC FOR BRAUN, USNIC FOR WEBER, GREGORIAN E.O. 12958: DECL: 04/27/2016 TAGS: PREL PGOV BK SUBJECT: BOSNIA: CONSTITUTIONAL REFORM REJECTED BY TWO VOTES IN PARLIAMENT REF: A. SARAJEVO 877 B. SARAJEVO 874 Classified By: AMBASSADOR DOUGLAS MCELHANEY. REASON: 1.4 (B) AND (D). ¶1. (C) On April 26, the constitutional reform package failed by two votes to win approval in the BiH House of Representatives. Although a majority voted in favor, the measures did not gain the two-thirds needed to pass constitutional amendments. The package's rejection was the direct result of pre-election machinations by two parties: Haris Silajdzic's Party for BiH (SBiH) and the new breakaway Croat party, HDZ 1990. Working together and very likely buying support through material inducements, the two parties were able to add two additional votes to their ranks and block the package. ¶2. (C) The package's multi-ethnic backers -- the leaders of Bosnia and Herzegovina's largest political parties -- worked cooperatively during the tense two-day session. Despite the compromises offered, however, opponents remained intractable. This was particularly true of the rejectionist HDZ 1990, which scorned a late-night proposal that would have answered their substantive objection. ¶3. (C) Backing up the Embassy's intensive lobbying efforts late into the night of April 25 and all day on the 27th, representatives of the international community were present to underscore the importance of constitutional reform for BiH's Euro-Atlantic future. European Union and European Commission Ambassadors participated constructively in corridor lobbying; High Rep Schwarz-Schilling made an end-game intervention, also to no avail. When the major Bosniak party (and constitutional reform backer) SDA saw its ranks begin to break under the pressure of opposition forces, and the Serb parties behind the reform threatened to bolt, the reform measure's supporters felt they had no choice but to call a vote and attempt to rally their troops. The gambit failed, and the measure earned only 26 votes, two short of the 28 votes needed for a 2/3 majority of the 42-member House. ¶4. (C) Parliament's inability to adopt constitutional reform was in large part a product of pre-election campaigning, already well advanced in the run up to October's general elections. The parliament faced a tight deadline of May 5 to pass the package in both the upper and lower houses if the changes were to take effect in time for the elections. That deadline will now elapse without the necessary parliamentary approval. Both the Europeans and we are stressing publicly our profound disappointment that this extraordinary opportunity has been lost. Statements issued after the parliamentary vote by the Ambassador, the EU presidency, and the Office of the High Represenative have been provided to EUR/SCE. Further Embassy analysis and recommendations will follow. MCELHANEY