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
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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
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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
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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