KOSOVO STATUS NEGOTIATIONS: MAY 22 UPDATE

UNCLAS SECTION 01 OF 02 VIENNA 001501 SIPDIS SENSITIVE SIPDIS STATE FOR EUR/SCE E.O. 12958: N/A TAGS: PGOV PREL KDEM UNMIK SR YI AU SUBJECT: KOSOVO STATUS NEGOTIATIONS: MAY 22 UPDATE REF: USNATO 000328 VIENNA 00001501 001.2 OF 002 THIS CABLE IS SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE ACCORDINGLY. ¶1. (U) THIS CABLE IS AN UPDATE FROM THE U.S. LIAISON OFFICER IN THE OFFICE OF THE UN SPECIAL ENVOY FOR KOSOVO STATUS (UNOSEK). SUMMARY -------------- ¶2. (SBU) UN SPECIAL ENVOY FOR KOSOVO STATUS MARTTI AHTISAARI SPENT MOST OF THE PAST TWO WEEKS TRAVELING TO EUROPEAN CAPITALS AND WASHINGTON, AND IN MEETINGS WITH NATO AND THE COUNCIL OF EUROPE (COE) ON KOSOVO STATUS. DEPUTY SPECIAL ENVOY ALBERT ROHAN AND A UNOSEK DELEGATION DISCUSSED DECENTRALIZATION IN VISITS TO BELGRADE AND PRISTINA, DURING WHICH BELGRADE CLARIFIED ITS POSITION AND SAID IT COULD ACCEPT A PRISTINA-CENTRAL GOVERNMENT ROLE IN THE COMPETENCIES BELGRADE IDENTIFED AS "FULL AUTONOMY" AREAS. PRISTINA AUTHORITIES WERE RELUCTANT TO MOVE BEYOND THEIR ALREADY TABLED PROPOSALS. BOTH SIDES AGREED TO FURTHER EXPERT-LEVEL TALKS AND TO PROVIDE ADDITIONAL INPUT. BOTH SIDES HAVE ANNOUNCED THEIR DELEGATIONS FOR THE MAY 23 NEGOTIATION SESSION ON PROTECTION OF CULTURAL HERITAGE. END SUMMARY. AHTISAARI TRAVELS -------------- ¶3. (SBU) LAST WEEK, AHTISAARI VISITED SLOVENIA, NATO/BRUSSELS, STRASBOURG FOR A "FIRESIDE CHAT" WITH COUNCIL OF EUROPE FOREIGN MINISTERS, AND PRAGUE. THE PREVIOUS WEEK HE WAS IN WASHINGTON AND IN NEW YORK. IN SLOVENIA AND PRAGUE, HE REITERATED HIS EXPECTATIONS THAT THE STATUS PROCESS WOULD RESULT IN AN INDEPENDENT KOSOVO AND ASKED PRAGUE AND LJUBLJANA TO BE SUPPORTIVE OF THE PROCESS AND HELP BELGRADE COME TO TERMS WITH REALITIES. HE MADE CLEAR AT NATO THAT NATO HAS AN IMPORTANT ROLE TO PLAY DURING AND POST-STATUS, AND SUGGESTED NATO PLANNING INCLUDE THINKING ABOUT AN INDEPENDENT KOSOVO AND THE ROLE NATO MIGHT PLAY IN DEVELOPING A SECURITY/DEFENSE FORCE (REFTEL). ROHAN TRAVELS -------------- ¶4. (SBU) ALBERT ROHAN AND A UNOSEK DELEGATION VISITED PRISTINA AND BELGRADE MAY 16-19 TO FOLLOW UP ON DECENTRALIZATION. BELGRADE: --REITERATED IT IS NOT SEEKING A SEPARATE ENTITY OR DIVISION OF KOSOVO; --RECOGNIZED (FOR THE FIRST TIME EXPLICITLY WITH UNOSEK) THAT EVEN IN THE AREAS BELGRADE BELIEVES MUNICIPALITIES SHOULD HAVE "FULL AUTONOMY" THERE WILL BE A NEED FOR CONSTITUTIONAL PROVISIONS AND FRAMEWORK LEGISLATION AND THAT THE MUNICIPAL ROLE WILL BE TO IMPLEMENT; --AGREED TO USE THE COUNCIL OF EUROPE'S CHARTER ON LOCAL SELF GOVERNMENT FOR THE BASIS OF LANGUAGE RELATED TO INTER-MUNICIPAL COOPERATION. ¶5. (SBU) BELGRADE DID INSIST ON ITS LENGTHY LIST OF MUNICIPALITIES, PLACING PARTICULAR FOCUS ON OSOJANE (A "RETURN" MUNICIPALITY WITH SCANT SERBIAN POPULATION CURRENTLY) AND VELIKA HOCA (A SMALL COMMUNITY OF ABOUT 800-1000 SERBS AND WITH HISTORIC SERBIAN ORTHODOX CHURCHES). BELGRADE ALSO INSISTED ON ITS PROPOSALS RELATED TO POLICE AND JUSTICE. ROHAN MADE CLEAR THAT BELGRADE'S LANGUAGE/PROPOSALS RELATED TO ITS ASSISTANCE TO KOSOVO-SERB MUNICIPALITIES WENT TOO FAR, AND THAT MANY OF BELGRADE'S PROPOSED MUNICIPALITIES SIMPLY DID NOT MEET THE CRITERIA UNOSEK WAS FOLLOWING. PRISTINA -------------- ¶6. (SBU) THE UNITY TEAM AND NEGOTIATING TEAM WERE NOT PREPARED TO SHOW MUCH FLEXIBILITY ON INTERMUNICIPAL RELATIONS AND ON EXPANDING ITS PROPOSALS ON NEW MUNICIPALITIES. ROHAN AND OTHERS MADE CLEAR THAT UNOSEK WOULD BE INSISTING ON INTERMUNICIPAL RELATIONS PROVISIONS BASED ON THE COE CHARTER ON LOCAL SELF GOVERNMENT. THE UNOSEK TEAM ALSO ASKED PRISTINA TO CONSIDER A MORE EXPANSIVE SET OF NEW MUNICIPALITIES THAN PRISTINA'S INITIAL PROPOSAL, TO INCLUDE ADDITIONAL CADASTRAL ZONES IN GRACANICA, NOVO BRDO, AND RANILUG, AND NEW MUNICIPALITIES IN PARTES AND KLOKOT. PRISTINA'S INITIAL VIENNA 00001501 002.2 OF 002 REACTION WAS NOT POSITIVE, BUT THE KOSOVARS DID AGREE TO MEET WITH UNOSEK EXPERTS TO REVIEW THESE PROPOSALS. UNOSEK ALSO ASKED FOR GREATER CLARIFY OF PRISTINA'S "TWO MUNICIPALITIES/ONE CITY" CONCEPT FOR MITROVICA, WHICH PRISTINA HAS PROMISED TO PROVIDE. ¶7. (SBU) ROHAN ALSO MET WITH SERB LIST FOR KOSOVO AND METOHIJA (SLKM) LEADER OLIVER IVANOVIC, WHO SHARED WITH UNOSEK SLKM THINKING ON NEW MUNICIPALITIES THAT WAS MUCH CLOSER TO UNOSEK'S THINKING THAN THE PROPOSALS TABLED BY BELGRADE. ¶8. (SBU) THE FOLLOWING ARE FUNCTIONAL UPDATES ON ONGOING ISSUES: --DECENTRALIZATION: FOLLOWING THE ROHAN TRIP, UNOSEK WILL DRAFT A NEW PAPER ON DECENTRALIZATION THAT WILL SEEK TO NARROW THE DIFFERENCES BETWEEN THE TWO SIDES. UNOSEK HAS, OR IS RECEIVING, INPUT FROM PRISTINA AND BELGRADE OF THEIR VIEWS OF THE SUGGESTED CHANGES AND BRACKETS IN THE EXISTING UNOSEK PAPER. UNOSEK WILL LIKELY THEN TRAVEL BACK TO BELGRADE AND PRISTINA TO CONSULT FURTHER. --PROTECTION OF RELIGIOUS SITES/CULTURAL HERITAGE: THE PARTIES AND THE SERBIAN ORTHODOX CHURCH (SOC) HAVE RECEIVED AN INVITATION, DRAFT AGENDA, AND DISCUSSION PAPER FOR THE MAY 23 MEETING (COPY E-MAILED TO EUR/SCE). PRISTINA HAS ANNOUNCED ITS DELEGATION. ALTHOUGH THE SOC INITIALLY INFORMED UNOSEK IT WILL BE REPRESENTED BY METROPOLITAN AMFILOHIJE, BISHOP IRINEJ OF BACKA, AND BISHOP TEODOSIJE OF DECANI, UNOSEK RECEIVED 5/20 A MESSAGE FROM BELGRADE ADDING BISHOP ARTEMIJE OF RASKA AND PRIZREN TO THE BELGRADE DELEGATION LIST. MEANWHILE, PRISTINA HAS INFORMED UNOSEK IT IS PUTTING DRAFT LAWS ON RELIGIOUS FREEDOM AND ON CULTURAL HERITAGE ON A FAST TRACK FOR RAPID ASSEMBLY APPROVAL. UNOSEK HAS WORKED WITH THE COUNCIL OF EUROPE AND PRISTINA ON BOTH LAWS AND BELIEVES THAT THEY ARE NOW BOTH IN GOOD SHAPE. UNOSEK'S CONCERNS ABOUT THE LAW ON CULTURAL HERITAGE HAVE BEEN ADDRESSED BY PRISTINA ACCEPTANCE OF A UNOSEK-PROPOSED AMENDMENT. UNOSEK UNDERSTANDS, HOWEVER, THAT THE SOC HAS ASKED THAT THE CULTURAL HERITAGE LAW BE PUT ON A SLOWER TRACK OUT OF FEAR THAT IT MIGHT "PREJUDGE" STATUS. --MINORITY RIGHTS, RETURNS, MISSING PERSONS, STANDARDS: ROHAN AND THE UNOSEK TEAM AGAIN RAISED WITH BELGRADE THE QUESTION OF A MEETING ON MINORITY PROTECTION ISSUES. BELGRADE REFUSED TO CONSIDER IT. MEANWHILE, PRISTINA HAS SUGGESTED IT WOULD LIKE TO PRESENT ITS 59-PAGE PROPOSAL FORMALLY TO UNOSEK. UNOSEK INTENDS TO CALL A MEETING REGARDLESS OF BELGRADE'S VIEWS, BUT WILL LIKELY DO SO ONLY AFTER IT HAS EXHAUSTED AREAS OF POSSIBLE ADDITIONAL PROGRESS WITH BELGRADE ON DECENTRALIZATION AND CHURCH ISSUES. MEANWHILE, PRISTINA IS ORGANIZING A SEMINAR IN THESSALONIKI THE WEEK OF JUNE 19 REVIEW ITS PROPOSAL WITH INTERESTED INTERNATIONAL ORGANIZATIONS AND SOLICIT FEEDBACK/REFINEMENT. --ECONOMY, PROPERTY ISSUES, EUROPEAN PERSPECTIVES: EU SPECIAL ENVOY STEFAN LEHNE REPORTED THAT HIS "TECHNICAL MISSION" TO PRISTINA (MAY 9-11) AND BELGRADE (MAY 15-17) SUGGESTS A POTENTIALLY DIFFICULT MAY 31 MEETING ON ECONOMIC ISSUES. IN PARTICULAR, BELGRADE IS INSISTING THAT THE NEGOTIATIONS FIRST DEAL WITH PROPERTY ISSUES, INCLUDING QUESTIONS OF PRIVATIZATION, PRIOR TO ANY DISCUSSION OF DEBT APPORTIONMENT. BOTH SIDES HAVE AGREED TO A MAY 31 MEETING IN VIENNA. THE USG WILL ALSO BE INVITED TO PARTICIPATE. MCCAW