BOSNIAN CROATS TO CHALLENGE PBS

UNCLAS SECTION 01 OF 02 SARAJEVO 001564 SIPDIS SIPDIS DEPARTMENT FOR EUR (DICARLO),EUR/SCE (HOH/FAGAN/STINCHCOMB) E.O. 12958: N/A TAGS: PGOV PREL BK SUBJECT: BOSNIAN CROATS TO CHALLENGE PBS REF: SARAJEVO 262 ¶1. SUMMARY: (SBU) Bosnian Croat political parties have reacted negatively to the Federation government,s July 13 endorsement of a Public Broadcasting Systems (PBS) law, a key precondition for Bosnia to sign a Stabilization and Association Agreement (SAA) with the EU. Bosnian Croat ministers in the Federation government opposed the law, which included some of the amendments they fought for in the Federation Constitutional Court last summer but fell shy of conceding Bosnian Croat demands for a Bosnian Croat public television channel. The Bosnian Croat ministers were unable to derail the legislation, however, because they have only 5 ministers in the Federation government, against a combined 11 Bosniaks and Bosnian Serbs. Bosnian Croat politicians hope to amend the law in the Federation parliament but failing this, have implied they will invoke their Vital National Interest veto. Nonetheless, High Representative Miroslav Lajcak,s public statement that he is not prepared to allow a measure that cements ethnic segregation suggests the Bosnian Croats may be waging a fuile battle for a Croatian language public televiion channel. END SUMMARY Federation GovernmentPasses Law on PBS -------------- ¶2. (SBU) On July 13 the Federation govrnment held a session in Mostar, during which it adopted new PBS legislation necessary for Bosnia to continue on its path to the EU. The EU has made PBS reform a key criterion for Bosnia to sign an SAA, and only the Federation stands in the country,s way of full compliance with this requirement. Authorities at the state level and in the Republika Srpska (RS) have passed adequate PBS laws, while Croat objections continue to scuttle progress on PBS at the Federation level. (Note: The October 2005 State-level laws on PBS provides for one public broadcast station in the RS, RTRS, one for the whole of Bosnia, BHT1, and one station in the Federation, FTV.)Bosnian Croats, who would like to establish a publicly funded Croatian language network, invoked their vital national interest veto in the Federation House of Peoples to block the earlier PBS legislation. This sent the law to the Federation Constitutional Court for review. ¶3. (SBU) A divided court found that the Bosnian Croats had some valid constitutional concerns about the law, and ultimately kicked it back to the Federation government to reconcile these issues. In its latest attempt at PBS, the Federation government incorporated only a handful of the amendments demanded by Croat leaders and none of those relating to their demands for a separate Croatian language broadcast. Angry Bosnian Croats argue the new PBS law is more or less the same text as before. The law was approved by the Federation government despite Bosnian Croat opposition, however, since Bosniaks and Bosnian Serbs combined have a simple majority in the Federation Government. Croats Vow to Challenge PBS in Relevant Institutions -------------- -------------- ¶4. (SBU) The Federation House of Representatives and the House of Peoples now have the responsibility of debating and approving the PBS law. The two legislative chambers can make amendments to the law but must ultimately harmonize the final legislation if passed. The legislation dies, however, if it fails in either body. Federation President and senior member of the HDZ-BH Borjana Krsto has said that her party will try to amend the PBS law in the House of Representatives, and failing that, will challenge the legislation in the House of Peoples. Krsto stopped short of explicitly threatening to invoke the vital national interest veto, but that was how many observers interpreted her comments. HDZ-1990,s comments largely echoed Krsto,s. Comment -------------- ¶5. (SBU) Representatives of the International Community in Bosnia have welcomed the adoption of the PBS law as a step in the right direction, highlighting the positive effects it could have on Bosnia,s EU aspirations, and have rejected Croat calls for a publicly funded Croatian language television network. High Representative Lajcak firmly staked his position on the subject during a press conference last SARAJEVO 00001564 002 OF 002 week, expressing opposition to any proposal that deepens segregation along ethnic lines. Bosnian Croat politicians are likely to be relentless, nonetheless, in their pursuit for their own Croatian language television network and to press hard to amend or block the PBS law in the legislature. Bosnian Croat political leaders, supported by the Church, maintain that the overall position of Croats in Bosnia and the group's representation in Bosnian media is unsatisfactory. MCELHANEY