UNOSEK UPDATE FOR THE WEEK OF AUGUST 21-25

UNCLAS SECTION 01 OF 02 VIENNA 002602 SIPDIS SENSITIVE STATE FOR EUR/SCE E.O. 12958: N/A TAGS: PGOV PREL KDEM UNMIK SR YI AU SUBJECT: UNOSEK UPDATE FOR THE WEEK OF AUGUST 21-25 REF: PRISTINA 703 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) SPECIAL ENVOY AHTISAARI AND HIS POLICY TEAM TRAVELED TO PRISTINA DURING THE WEEK OF AUGUST 21 TO HOLD MEETINGS WITH THE UNITY TEAM IN AN EFFORT TO CLOSE THE GAP BETWEEN PRISTINA AND UNOSEK ON KEY ISSUES RELATED TO NEGOTIATIONS. THE MAIN OUTSTANDING ISSUES FOCUSED ON FINDING A VIABLE SOLUTION FOR MITROVICA AND THE COMPOSITION OF THE ASSEMBLY. AHTISAARI ALSO TRAVELED TO NORTHERN KOSOVO TO MEET WITH KFOR COMMANDERS AND LOCAL MAYORS OF THE SERB MUNICIPALITIES, AND ALSO MET WITH LOCAL MEMBERS OF THE CONTACT GROUP (REFTEL). UNITY TEAM MEETINGS: PROGRESS, BUT STILL SOME DIFFERENCES -------------- ¶3. (SBU) TECHNICAL TALKS WERE HELD ON AUGUST 21 AND 22 COVERING DECENTRALIZATION, COMMUNITY RIGHTS, CULTURAL HERITAGE, AND ECONOMICS. AFTER LIMITED PROGRESS, GREATER ADVANCES WERE MADE ON AUGUST 23 AND 24 WHEN AHTISAARI CONDUCTED HIGHER-LEVEL MEETINGS DIRECTLY WITH THE UNITY TEAM, HEADED BY PRESIDENT SEDJIU AND PM CEKU. ¶4. (SBU) ON THE ISSUE OF DECENTRALIZATION, THE DELINEATION OF MITROVICA REMAINED UNRESOLVED AND A POTENTIAL "RED-LINE" FOR THE UNITY TEAM. IN ADDITION, PRISTINA WANTS THE CREATION OF AN OBLIGATORY JOINT CITY BOARD WITH SPECIFIC COMPETENCIES THAT WOULD FORM THE BASIS OF COOPERATION BETWEEN MITROVICA NORTH AND MITROVICA SOUTH. PRISTINA ALSO MAINTAINED THAT IT WANTS TO SEE A MEDIATED MOU BETWEEN KOSOVO AND SERBIA FOR CROSS BORDER PARTNERSHIPS. UNOSEK ASKED PRISTINA TO CONSTRUCTIVELY RECONSIDER THESE ISSUES. WITH REGARDS TO SERB MUNICIPALITIES IN THE SOUTH, THE UNITY TEAM OFFERED AN ADDITIONAL CADASTRAL ZONE (DOBROTIN) AROUND THE PROPOSED NEW MUNICIPALITY OF GRACANICA AND OFFERED THREE NEW CADASTRAL ZONES AROUND GNJILANE TO EXPAND THE SERB-MAJORITY MUNICIPALITY OF NOVO BRDO. ¶5. (SBU) ON MINORITY RIGHTS, PRISTINA ACCEPTED THE CONCEPT OF A DOUBLE-MAJORITY VOTING PROCEDURE WITHIN THE ASSEMBLY. IT NOW NEEDS TO WORK ON CREATING A SPECIFIC LIST OF LIMITED LAWS TO WHICH THIS MECHANISM WOULD APPLY. THE UNITY TEAM ALSO AGREED TO MAINTAIN THE PROVISIONS OF THE CONSTITUTIONAL FRAMEWORK REGARDING POSITIONS IN GOVERNMENT FOR THE NEXT TWO ELECTORAL MANDATES. OUTSTANDING ISSUES INCLUDE THE COMPOSITION OF THE ASSEMBLY, IN WHICH PRISTINA WISHES TO CHANGE THE CURRENT SYSTEM OF RESERVED SEATS (10 SEATS FOR K-SERBS AND 10 FOR OTHER MINORITIES PLUS WHATEVER SEATS ARE WON IN ELECTIONS) INTO A SYSTEM OF GUARANTEED SEATS (LIMITING K-SERBS TO 10 SEATS AND 10 FOR MINORITIES, UNLESS MORE SEATS ARE WON THROUGH OPEN ELECTIONS). UNOSEK SUGGESTED THAT PRISTINA CONSIDER MAINTAINING THE STATUS QUO, OR CONSIDER A TRANSITIONAL PERIOD. WITH REGARDS TO THE JUDICIARY, PRISTINA RESURRECTED THE IDEA OF A SPECIAL CHAMBER TO HEAR VITAL INTEREST CASES IN THE CONSTITUTIONAL COURT. UNOSEK PROPOSES THAT THE FULL CHAMBER HEAR ALL CONSTITUTIONAL CASES AND THAT INTERNATIONAL JUDGES BE INCLUDED IN THE COURT'S COMPOSITION. UNOSEK ALSO ASKED PRISTINA TO RECONSIDER PROPOSALS FOR THE APPOINTMENT OF MINORITY JUDGES AND THE POSSIBLE DESIGNATION OF ONE DISTRICT COURT AS THE COURT OF APPEAL FOR MUNICIPAL COURTS REPRESENTING KOSOVO SERB MAJORITY AREAS. ¶6. (SBU) ON CULTURAL HERITAGE, PRISTINA INDICATED THAT IT COULD ACCEPT MOST OF THE UNOSEK/UNESCO/COE PROPOSALS ON PROTECTIVE ZONES FOR SERB ORTHODOX CHURCH RELIGIOUS SITES. DETAILS STILL NEED TO BE FINALIZED REGARDING IMPLEMENTING AND MONITORING ARRANGEMENTS, INCLUDING THE NATURE OF THE INTERNATIONAL PRESENCE IN THOSE ARRANGEMENTS. ¶7. (SBU) WITH REGARDS TO ECONOMIC ISSUES, AHTISAARI'S TEAM STRESSED THAT THE INTERNATIONAL COMMUNITY CANNOT IMPOSE A SOLUTION ON DEBT RECONCILIATION AND THAT UNOSEK CONTINUES TO PRESS BELGRADE TO AUTHORIZE WORLD BANK AND PARIS CLUB CREDITORS TO RELEASE THE NECESSARY DOCUMENTS. IN ADDITION, UNOSEK STATED THAT THE SETTLEMENT WOULD NEED TO INCLUDE A MECHANISM FOR THE PARTIES TO ADDRESS CLAIMS AFTER THE DECISION OF STATUS. DUE TO THE COMPLEXITY OF THE ISSUES AND THE INADEQUATE INFORMATION RECEIVED ON THE SUBJECT MATTER THUS FAR, THE SETTLEMENT WOULD NOT BE ABLE TO ADDRESS THESE CLAIMS IN DETAIL. ¶8. (SBU) UPON CONCLUSION OF TALKS, THE UNITY TEAM AGREED TO PROVIDE UNOSEK BY EARLY THE WEEK OF AUGUST 28 A DOCUMENT OUTLINING WHAT IT HAS AGREED TO ABOVE AND THE OUTSTANDING ISSUES. WITHIN THE SAME TIME FRAME PRISTINA WILL ALSO PROVIDE UNOSEK AN UPDATED PAPER ON COMMUNITY RIGHTS FOR UNOSEK TO DELIVER TO BELGRADE. TRIP TO NORTH: GOOD WORK BY KFOR, STRONG MESSAGE TO SERB MAYORS -------------- ¶10. (SBU) ON AN AUGUST 24 VISIT TO THE NORTH, AHTISAARI VISITED WITH KFOR COMMANDERS AT NEWLY ESTABLISHED CAMP NOTHING HILL. COMMANDERS INDICATED THAT SERBS HAVE VISIBLY NOTED THE KFOR PRESENCE IN THE NORTH AND FOR THE MOST PART IT WAS WELL RECEIVED. ON A DAILY BASIS, KFOR IS CONDUCTING ROUTINE PATROLS IN THE AREA AS WELL AS RANDOM VEHICLE SEARCHES. IN ADDITION KFOR HAS UNDERTAKEN A SERIES OF LOCAL PROJECTS, FROM CUTTING TIMBER TO ROAD REPAIR IN ORDER TO REACH OUT TO THE LOCAL RESIDENTS. KFOR WAS ALSO CONDUCTING A MEDIA CAMPAIGN TO EXPLAIN KFOR OPERATIONS IN THE NORTH, TO ASSURE THE CONTINUED PRESENCE OF KFOR, AND TO DISPEL LOCAL RUMORS THAT CAMP NOTHING HILL WAS INTENDED TO BECOME A KOSOVO PROTECTION CORPS (KPC) BASE. KFOR COMMANDERS TOLD AHTISAARI THAT THEY WERE APPROPRIATELY PREPARED TO HANDLE FORESEEABLE SITUATIONS IN THE NORTH. ¶11. (SBU) IN A MEETING WITH THE THREE NORTHERN MAYORS IN ZVECAN, AHTISAARI REAFFIRMED THE CONTACT GROUP'S POINTS OF AUGUST 4 AND SAID THAT WHATEVER THE STATUS OUTCOME THE FUTURE OF KOSOVO SERBS WAS IN KOSOVO. AHTISAARI STRESSED THE IMPORTANCE OF CURRENT DECENTRALIZATION TALKS FOR HELPING TO ASSURE THAT FUTURE. AHTISAARI STATED HIS STRONG DISAPPOINTMENT WITH THE LACK OF WILLINGNESS OF KOSOVO SERBS TO REACH OUT AND PARTICIPATE IN THE PROCESS AND TO COOPERATE WITH THE PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT (PISG). HE SAID THE IMPLEMENTATION OF THE DIRECTIVE OF BELGRADE'S KOSOVO COORDINATION CENTER (CCK) ON NON-COOPERATION WITH THE PISG WOULD NOT IMPACT THE TALKS AND THAT ONLY KOSOVO SERBS WOULD SUFFER AS A RESULT. HE ALSO NOTED WITH CONCERN THE EXISTENCE OF PARALLEL SECURITY STRUCTURES IN THE NORTH AND TOLD THE MUNICIPAL LEADERS THAT SUCH ACTIONS WOULD NOT BE TOLERATED. HE ASSURED THEM THAT WHATEVER THE FUTURE STATUS OF KOSOVO THE PRESENCE OF THE INTERNATIONAL COMMUNITY AND KFOR WOULD CONTINUE. (NOTE: IN A FOLLOW UP MEETING IN NORTH MITROVICA THE UNMIK MITROVICA REGIONAL REPRESENTATIVE TOLD AHTISAARI THAT ADDITIONAL FUNDS FOR QUICK IMPACT LOCAL PROJECTS HAD BEGUN TO FLOW AND WERE BEGINNING TO MAKE A DIFFERENCE. HE SPECIFICALLY THANKED THE U.S. FOR ITS QUICK DISBURSEMENT OF USD 500,000 FOR LOCAL PROJECTS.) SCHEDULE FOR FURTHER TALKS -------------- ¶12. (SBU) THE UNOSEK TEAM INTENDS TO TRAVEL TO BELGRADE ON AUGUST 30 AND 31 FOR TECHNICAL MEETINGS WITH THE SERB DELEGATION ON DECENTRALIZATION, ECONOMICS AND CULTURAL HERITAGE. UNOSEK THEN INTENDS TO RETURN TO BELGRADE ON SEPTEMBER 5 FOR TALKS ON COMMUNITY RIGHTS. UNOSEK WILL THEN HOST BOTH DELEGATIONS IN VIENNA FOR ANOTHER ROUND OF TECHNICAL TALKS ON SEPTEMBER 7 AND 8.