HIGH REPRESENTATIVE SCHWARTZ-SCHILLING SPEAKS

UNCLAS SECTION 01 OF 02 USUN NEW YORK 002168 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL BK SUBJECT: HIGH REPRESENTATIVE SCHWARTZ-SCHILLING SPEAKS BEFORE UNSC ON BOSNIA High Representative Schwartz-Schilling Speaks Before UNSC on Bosnia ¶1. (SBU) Summary: In a November 8 Security Council meeting on Bosnia and Herzegovina (BiH),High Representative Christian Schwartz-Schilling told members that the state of affairs regarding progress on reform in the country had become a "complex reality." The High Representative stated that we must continue to transfer authority to the Bosnians, but do so at "the correct speed." He said lack of progress on police restructuring, reforming the country's constitution and in cooperating with ICTY were all slowing Bosnia's progress towards Euro-Atlantic integration. Prime Minister Adnan Terzic, who was also present and spoke, outlined what he said had been progress tantamount to accomplishing a "mission impossible" over the past four years on BiH's road to Euro-Atlantic integration, but charged that Schwartz-Schilling had been "too diplomatic" and not laid enough blame on Republika Srpska politicians for having become the biggest obstacle to BiH's European future. End Summary. Schwartz-Schilling: Progress in Bosnia is a Complex Reality ¶2. (SBU) In a November 8 meeting on Bosnia and Herzegovina, High Representative Christian Schwartz-Schilling reviewed for Security Council members the analysis contained in his latest semi-annual report. Schwartz-Schilling said that when he addressed the Security council in April he had talked about the need to hand greater authority to officials in BiH to set it on a course toward Euro-Atlantic integration, but had to now "explain the complex reality of putting that into practice." On Euro-Atlantic integration, Schwartz-Schilling said that BiH had seen mixed results. He advised that the international community should hold its course on transferring greater authority to the Bosnians, but needed to do so at "the correct speed." One issue that Schwartz-Schilling said most Bosnians agreed on was the importance of Euro-Atlantic integration, even though some Republika Srpska politicians had threatened that they would rather compromise BiH's Euro-Atlantic future than make certain compromises. Stabilization and Association Agreement (SAA) negotiations with the EU were going well at a technical level and Terzic and his lead negotiators should be commended for their efforts, but the process had nonetheless stalled, he said. In part, this had been inevitable because of the need for a period of "getting used to the concept of ownership," but also because October 1 elections had brought with them rhetoric that took parties away from compromise. Failure to make progress on legislation on public broadcasting, a higher education law and legislation essential to fiscal sustainability were all slowing BiH's progress toward Europe, said the High Representative. Another key outstanding requirement for an SAA was police restructuring. Constitutional reform could also affect Bosnia's future, said Schwartz-Schilling, calling the reform package that narrowly failed to pass Bosnia's parliament by a two-thirds margin "representative of the level of compromise and progress that can be currently made" and adding that "making such compromises is part of what taking ownership means." Schwartz-Schilling also underscored that ICTY cooperation is a necessity "for peace implementation and EU integration." Turning to the problem of decertified police officers, Schwartz-Schilling said it had to be resolved before OHR could close its doors. He said he was ready to consider any proposal that the UN put forward, but that he himself was not in a legal or political position to resolve it, so, the ball was squarely in the UN's court. Lastly, Schwartz-Schilling said that the specter of a decision on Kosovo's final status was something hanging over the whole region and while there is strictly speaking no linkage between it and BiH's future, a delay in the decision on Kosovo "had the potential to be destabilizing." Terzic: Reinforces the Message on IPTF Decertification ¶3. (SBU) Speaking next, Prime Minister Terzic said that as this was his last appearance before the UNSC in his position, he wanted to cover the four years of his mandate. Terzic reviewed steps that BiH authorities had taken to advance legal, defense and other reforms, including the establishment of a war crimes chamber, that had advanced BiH along on the road toward EU and NATO standards, calling it the accomplishment of a "mission impossible." Terzic said BiH is "now a country with credible capacities in the process of defining its contractual relationship with the EU." However, Terzic charged that the biggest obstacle on Bosnia's path towards an SAA is now the government of Republika Srpska. USUN NEW Y 00002168 002 OF 002 Terzic spoke at length in criticism of Prime Minister Dodik and other Republika Srpska politicians and asserted that Schwartz-Schilling had been "too diplomatic" as all positive progress in Bosnia was now being blocked by the Republika Srpska, saying that OHR and the international community had shut their eyes to these threats and viewed their rhetoric as harmless. Terzic also said Serbia, which was bitter about losing Montenegro and the likely prospect of also losing Kosovo, was "silently supporting the destruction of Bosnia." Statements By Other Council Members and The EU ¶4. (SBU) Russia positively assessed Schwartz-Schilling's approach saying it was important to give him credit for continued reforms. However, because of the tight timeline for OHR's closure, Russia said it wanted to call for stepped-up efforts. Russia also encouraged Schwartz-Schilling to work with the UN to resolve the police decertification issue, saying it was willing to help as long as any solution was in line with international law and the UN Charter. Greece expressed disappointment with a slowdown in reform on police restructuring and ICTY cooperation. Greece expressed hope that recent meetings between OHR and the UN Secretariat meant we were close to a solution on police SIPDIS reform. Speaking for the US, Ambassador Sanders said the US had welcomed the October 1 elections, but been disappointed by the level of nationalist rhetoric during the election campaign and hoped leaders would set aside rhetoric and focus on reforms, including constitutional reforms. ¶5. (SBU) Ambassador Sanders said that signing an SAA with Bosnia would be one of the best ways to ensure continuation of reform efforts. On police decertification, Ambassador Sanders said the US is committed to working with other Council members and OHR to find a solution. In its statement, Slovakia underscored that it welcomed Schwartz-Schilling's role of being "more of an adviser than an executer." Slovakia also said that any talk of a link between Bosnia and Kosovo was unacceptable. France stated that an SAA with Bosnia was necessary, but could only be possible when police reform and public broadcast reform were implemented. ICTY cooperation was also needed. On police decertification, France said it shared the High Representative's concerns and believed we should find a solution in conformity with international law and the Bosnian authorities. ¶6. (SBU) The UK said that progress on reform in general in Bosnia had been disappointing and full ICTY cooperation was a must. The stance of the Republika Srpska would be critical. Constitutional reform would also be important and while the April package had been imperfect its approval would be an important next step. The UK welcomed the High Representative's efforts on resolving the police decertification issue, but it was important that it not "cut across the UNSC statement of June 2004." The UK continued that, on the alleged link to Kosovo that some in Republika Srpska were trying to make, Republika Srpska's status must be understood to be part of the Dayton Agreement and should remain that way and the Council should take every opportunity to repudiate any such line of argumentation. ¶7. (SBU) Speaking on behalf of the EU, Finnish Permanent Representative Kirsti Lintonen noted that the EU had expected to be able to conclude negotiations on an SAA by the end of the year, but that now seemed unlikely. Implementation of police reform was indispensable to completing negotiations, but progress was also contingent on ICTY cooperation. BOLTON