BOSNIA: POLICE REFORM AGREEMENT GIVES DODIK MORE

C O N F I D E N T I A L SECTION 01 OF 03 SARAJEVO 002535

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/23/2017
TAGS: PGOV PREL KCRM EUN BK
SUBJECT: BOSNIA: POLICE REFORM AGREEMENT GIVES DODIK MORE
LEVERAGE OVER WOBBLY EUROPEANS

REF: SARAJEVO 2158

Classified By: Ambassador Charles English for reasons 1.4(b),(d)


1. (SBU) Summary: Leaders of the six governing political
parties adopted an Action Plan on Police Reform during a
meeting in Sarajevo on November 22 (see paragraph six below).
The Action Plan lays out a timetable for implementing the
October 28 Mostar Declaration, which had reaffirmed the three
EU principles and linked police reform with constitutional
reform. The Action Plan calls for the creation of a number
of State-level police support bodies, but delays decisions on
the state-level policing structure and local police bodies
until after the constitutional reform process. Although
press reports disputed whether the document was agreed to by
all parties, OHR sources tell us they have a copy signed by
all six party leaders. It is unclear whether this agreement
would be sufficient to initial an SAA with the EU. Republika
Srpska (RS) Prime Minister Milorad Dodik indicated he might
block implementation of the agreement unless High
Representative Miroslav Lajcak amends his October 19
measures. Ironically, Dodik may now have more leverage in
his ongoing confrontation with the HighRep and the
international community than he did before the November 22
police reform action plan. End Summary

Police Reform Action Plan
--------------


2. (SBU) In the second of series of political talks, leaders
of SDA, SBiH, HDZ-BiH, HDZ-1990, SNSD, and PDP met in
Sarajevo on November 22. (Note: The six parties are part of
the state-level ruling coalition. End Note) Their four-hour
discussion focused on the current political crisis and police
reform. The leaders adopted an Action Plan, tabled by SBiH
President Haris Silajdzic, to implement the terms of an
agreement they had reached on police reform on October 28 in
Mostar. The Mostar Declaration had reaffirmed a commitment
to police reform in line with the three EU principles but
stated the ultimate state-level police structure would be
determined by the outcome of upcoming constitutional reform
talks.


3. (SBU) The Action Plan calls upon the Council of Ministers
and State-Level Parliament within six months to propose and
adopt legislation to establish the following state-level
institutions: Directorate for Coordination of the Police, an
Institute for Forensics, Police Academy, Police Support
Agency, Independent Board, Citizens Complain Board, and
Police Officials Complaint Board. The relationship between
these new state-level institutions and local police bodies
will be regulated by a new single police structure determined
through the constitutional reform process. Similarly, issues
of local policing (i.e., the structure and nature of local
police bodies) will be determined after constitutional
reform. The Plan calls for the creation of a new law on
Police Service and Law on police officials to be adopted
within one year after the adoption of a new Constitution.
(Note: The action plan does not call for the creation of a
state-level body charged with implementing police reform, as
we understood was called for in Silajdzic's initial proposal.
End Note)

Hopes for SAA
--------------


4. (C) As with the Mostar Declaration on Police Reform,
political party leaders adopted the Action Plan in the hopes
that the EC will consider it sufficient for the initialing of
a Stabilization and Association Agreement (SAA). At the
Steering Board Ambassadors meeting today, Lajcak said the
Action Plan was a positive signal that political leaders were
willing to establish a police reform process with firm
deadlines. Most EU Ambassadors joined Lajcak in welcoming
the agreement and encouraging the leaders to keep talking.
It fell to the UK Ambassador to remind his colleagues that
the Action Plan has little substance and falls far short from
what he EU had in mind when it established police reform as a
SAA requirement.

Comment
--------------


5. (C) By delaying most contentious issues of unified
command structure and local police bodies, the Action Plan

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brings Bosnian political leaders little closer to a genuine
police reform deal. Even if the EU accepted this deal as a
basis for initialing the SAA, actual police reform
implementation is a requirement for signing the SAA.
Contentious issues, such as the continued existence of the RS
police, still have to be resolved, but would not be until
after constitutional reform - a process that could take two
to three years. Furthermore, there may be a dark lining to
this apparently "silver cloud". After the political talks,
Dodik announced that he would not implement the Action Plan
until the current crisis over the HiRep's October 19
Decisions is resolved, and by "resolution" he apparently
means amending the measures. This could now put even greater
pressure on Lajcak to make concessions on the October 19
decisions. If Lajcak refuses to amend the measures, Dodik
can argue that Lajcak's intransigence is preventing the
implementation of police reform and blocking the SAA.

Text of Action Plan
--------------


6. (U) Begin Text of Action Plan for Implementation of the
Mostar Declaration:

Action Plan for Implementation of the Mostar Declaration

With aim to fulfill commitments needed for initialing and
signing the Stabilization and Association Agreement

In the spirit of the Mostar Declaration of 28.10.2007, the
signatories of the present Plan agree to undertake all
necessary activities for implementation of the below
mentioned items and observe deadlines as outlined therein.

Guided by an idea of determination to meet the conditions for
implementation of the Police Reform in accordance with the
three European principles, we are determined to:

a) establish the following State bodies for the level of
BiH: Directorate for coordination of the Police with aim to
improve efficiency of the work of relevant police bodies in
Bosnia and Herzegovina and effectiveness of the communication
at the level of Bosnia and Herzegovina with relevant
international institutions; Institute for forensics;
Institute for education and professional upgrading of
personnel; Police Support Agency; Independent Board; Citizens
Complaint Board; and Police Officials Complaint Board;

Relevant issues of relationship between these and local
police bodies shall be regulated through a new and single
police structure of BiH, on the basis of the three principles
of the European Commission, and which shall be established
pursuant to the provisions of the Constitution of BiH to be
elaborated in a constitutional reform process;

b) The local level, as part of the single police
structure in BiH, shall be regulated in accordance with the
three principles of the European Commission and the Mostar
Declaration after the reform of the Constitution, while the
Law on Police Service and Law on Police Official shall be
adopted no later than one year after the adoption of the new
Constitution of BiH.

c) The signatories agree that, at the proposal of the
Council of Ministers, the Parliamentary Assembly of BiH
shall, no later than 6 months from the day of adoption of the
present Document by the Council of Ministers of BiH, adopt
legislation necessary for establishing of bodies mentioned in
the present Action Plan.

Aware of the importance of the political momentum in Bosnia
and Herzegovina, as well as the need to pursue as soon as
possible the process of integration of Bosnia and Herzegovina
with the European Union, the signatories of the present Plan
are committed to proceed, without delay, with the full
implementation of the above mentioned principles.

For HDZBiH dr. Dragan Covic
For HDZ1990 dr. Bozo Ljubic
For PDP dr. Mladen Ivanic
For SNSD Milorad Dodik
For SDA Sulejman Tihic
For SBiH dr. Haris Silajdzic

Sarajevo, 22.11.2007

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End of Text of Action Plan.
ENGLISH