OHR IMPOSED LEGISLATION ROILS RSNA

C O N F I D E N T I A L SECTION 01 OF 02 SARAJEVO 001429 SIPDIS SIPDIS E.O. 12958: DECL: 06/27/2017 TAGS: BK PGOV PHUM PREL SUBJECT: OHR IMPOSED LEGISLATION ROILS RSNA Classified By: CDA Judith B. Cefkin. Reasons: 1.4 (b),(d). Summary -------------- ¶1. (C) On June 25, High Representative Christian Schwarz-Schilling invoked the Bonn Powers to impose legislation placing the Potocari Memorial Foundation and its property under state government control. The legislation had been introduced on June 13 in parliament and had been rejected by the Serb caucus for procedural reasons. The High Representative's imposition of the law touched off a vehement response from the government of the Republika Srpska (RS) and the RS National Assembly including accusations that the law violated the Dayton Constitution. To date RS criticism of the law has been based on inaccurate assertions that it removes the memorial from the territory of the RS and is a precursor for similar legislation granting Srebrenica special district status. Ineffective press work by OHR has compounded these assertions. Although the RS reaction has been fierce the rhetoric appears to be the result of intra-party jockeying between SNSD and SDS, rather than a serious challenge to OHR. Notably, Milorad Dodik who has been outside the country on leave has not reacted publicly to the legislation. Embassy officials have been in touch with various officials to correct misrepresentations in an effort to calm the waters. End Summary. HiRep Invokes Bonn Powers -------------- ¶2. (U) On June 25, High Representative Christian Schwarz-Schilling invoked the Bonn Powers to impose the draft "Law on the Center for the Srebrenica-Potocari Memorial and Cemetery for the Victims of the 1995 Genocide." The legislation imposed by the High Representative was an OHR revision of a draft previously tabled by Party for Bosnia and Herzegovina (SBiH) parliamentarian Beriz Belkic. The imposed legislation transfers the Srebrenica-Potocari Foundation and its memorial and cemetery from private foundation status to a state-level institution under administration of the Council of Ministers. The law also transfers all foundation properties to state ownership and makes the foundation eligible for funding from the state budget. The law also specifies that memorial security will become a state-level responsibility to be exercised by SIPA. Legislation Background -------------- ¶3. (C) Legislation establishing the Potocari memorial as a state-level organization has been discussed for several years among government officials and the Foundation with little controversy. Although an early draft written by SBH party members had attempted to remove the memoial territory from RS jurisdiction the draft impsed by the High Representative was a significantOHR revision of the legislation that simply estalished the Foundation as a government organ under the authority of the Council of Ministers. Belkic, reacting to pressure from Srebrenica victims associations to implement the law before the July 11 commemoration of the 1995 massacre, tabled the legislation in Parliament on June 13 under urgent procedure. The bill failed because the Serb parliamentary caucus raised procedural objections the introduction of the legislation. RS Reaction -------------- ¶4. (C) The High Representative's decision to impose the legislation sparked a rapid and vehement response from RS officials. At a June 26 session the RSNA adopted conclusions condemning the imposition, urging the Peace Implementation Council to reverse the decision, rejecting territorial challenges to the integrity of the RS and exhorting the RS police to continue to operate within the Potocari Memorial. RS President Milan Jelic was quoted as stating that the RS "shall not relinquish any single part of the RS, including Potocari, or allow anyone to violate the RS constitution regarding responsibilities of the entity police in that area." RSNA Speaker Igor Radojicic accused the High Representative of changing the Bosnian constitution and to taking the side of Bosniak parties. SDS President Mladen Bosic, asserted that the decision was the second time, after the establishment of Brcko District that the RS had been deprived of its territory. On June 26, Miladin Dragicevic, RS Government coordinator for Srebrenica, told the press he had resigned his commission in protest. Milorad Dodik, who was on private travel outside of Bosnia at the time of the imposition, did not release an official reaction. ¶5. (C) Erroneous assertions that the legislation removes the memorial from RS territory were based, in part, on SARAJEVO 00001429 002 OF 002 unfamiliarity with the provisions of the law on the part RS officials. During the RSNA session not a single Deputy or RS official including RS Ministers of Justice, Trade, or Refugees were able to explain the contents of the law to Embassy staff. In an June 27 conversation with Srebrenica Special Envoy Cliff Bond, Serb Presidency member Nebojsa Radmanovic acknowledged that he had not yet read the legislation. In the confusion, the opposition SDS has sought to exploit the RSNA debate over the legislation to attack Milorad Dodik for this "loss of authority and territory" and cast SNSD as part of the group responsible for drafting the Law. Senior Serb Officials Downplay Fallout -------------- ¶6. (C) In contrast, during private meetings with USG officials, Senior Serb officials have demonstrated an accurate understanding of the provisions of the law and have acknowledged the reasons behind its imposition. During these meetings Embassy officials have worked to support OHR and correct misunderstandings. The Charge discussed this issue in a June 27 meeting with PM Nikola Spiric reviewing the contents of the law and stressing that it enjoyed U.S. support. PM Spiric agreed that the RSNA conclusions had interpreted the law incorrectly. He added that he understood the reasons for imposing the law but regretted that it could not have been adopted in the context of legislation also recognizing other sites such as Jasenovac. The Charge also spoke to RSNA Speaker Igor Radojicic who contended that the text of the legislation did not track with OHR's explanation of the law. Both Spiric and Radojicic expressed frustration that supporters of special status for Srebrenica are not satisfied by the many steps being taken to improve the situation in Srebrenica and that they continue to hijack the debate in unhelpful ways. They both confirmed, however, that it was important to continue Srebrenica development projects. ¶7. (C) Ineffectual OHR press work has exacerbated the RS response by allowing OHR to be drawn into legal bickering over legal technicalities. In an extraordinary statement, the OHR Deputy Spokesman invited RS officials to challenge the imposed law before the Constitutional Court. Comment: -------------- ¶8. (C) The level of invective from RS officials over the imposition of the law appears to be the result of a confluence of factors. The approaching July 11 commemoration of the Srebrenica massacre presented the outgoing High Representative with a final opportunity to invoke the Bonn Powers in an effort correct his widespread reputation as ineffectual. SDS Deputies in the RSNA seized upon the legislation, and the fact that SNSD Parliamentarians had not objected to the law earlier, as a means to burnish their opposition credentials in the run-up to internal SDS elections June 30. State-level Serb officials have downplayed RSNA invective suggesting it will blow over in the coming days. We, however, will continue to seek private and public statements to calm tempers. End Comment. CEFKIN