BOSNIA - HOUSE OF REPRESENTATIVES COLLEGIUM

C O N F I D E N T I A L SARAJEVO 002537

SIPDIS

SIPDIS

EUR FOR DICARLO, EUR/SCE (HOH, FOOKS, STINCHCOMB); NSC FOR
BRAUN; OSD FOR BEIN

E.O. 12958: DECL: 11/23/2017
TAGS: PGOV PREL PINR BK
SUBJECT: BOSNIA - HOUSE OF REPRESENTATIVES COLLEGIUM
NEGOTIATES RULES OF PROCEDURE

REF: 1) SARAJEVO 2518 2) SARAJEVO 2236

Classified By: Ambassador Charles Englih for Reasons 1.4 (B) and (D)


1. (C) SUMMARY: In separate meetings with the Ambassador on
November 22, the three Speakers of the House of
Representatives (HoR),known as the Collegium, each stated
they were committed to amending HoR rules of procedure by
December 1 in order to comply with the High Representatives
October 19 measures. Serb Speaker Milorad Zivkovic
questioned the purpose of the Lajcak measures, claiming that
they would not really prevent obstruction of the legislative
process but would propose an alternative solution to Lajcak's
that would require chronically-absent deputies to be
impeached. Bosniak Deputy Speaker Beriz Belkic said he was
under pressure from Silajdzic and was being given very little
latitude to negotiate. Croat Deputy Speaker Niko Lozancic
said he has submitted two proposals that he asserted met OHR
requirements. OHR rejected the first, but told us that "the
logic contained in the (second) proposal could provide the
basis for productive exchanges among the Collegium." The
Ambassador urged the Speakers to negotiate in good faith and
compromise, but reminded them that any agreement would be
have to be consistent with Bosnia's constitution and the
spirit of the High Rep's measure. He also reminded them that
the House of Peoples must adopt similar amendments by
December 1. END SUMMARY.

Negotiations on HoR Rules of Procedure Continue
-------------- --


2. (C) After learning that an agreement put forth by Croat
Deputy Speaker Niko Lozancic was unacceptable to OHR (Ref A),
the Ambassador held separate November 22 meetings with the
three speakers/deputy speakers of the state-level House of
Representatives (HoR),known collectively as the Collegium,
to urge them to continue negotiating. (Note: The position of
"speaker" rotates among the three ethnic groups, with the
Serb member currently holding the title; his Croat and
Bosniak colleagues are "deputy speakers." End Note) The
Collegium members told the Ambassador they would seek to
reach agreement on implementing Parliamentary rules of
procedure that would conform with High Representative
Miroslav Lajcak's October 19 measures. Each indicated that
they were committed to ensuring that the new rules of
procedure met the High Rep's requirements regarding quorums
and decision-making.


3. (C) Bosniak Deputy Speaker Beriz Belkic (SBiH) told the
Ambassador that he is committed to finding a compromise
acceptable to OHR even though he is under pressure from
Silajdzic and is paying a high price for his conciliatory
approach. He added that he could not guarantee he would win
Silajdzic's support for a compromise; if he failed to do so,
he would have no alternative but to toe the SBiH line.
Belkic told the Ambassador he was familiar with a second
proposal submitted by Lozancic on November 21, but needed
more time to analyze it. At a press conference later in the
day, however, Belkic stated that he supported both the
Lozancic and another proposal put forth by Serb Speaker
Milorad Zivkovic (SNSD),but it would be up to OHR to
determine if they were compliant with the Lajcak measures.


4. (C) Zivkovic said he was committed to reaching an
agreement acceptable to all parties and to OHR. However, he
questioned the purpose of the Lajcak measures, claiming that
they would not really prevent obstruction of the legislative
process. Even if delegates attend HoR sessions, decisions
might still be blocked if sufficient delegates from each
entity opposed them. Zivkovic asserted that the conditions
of the Lajcak measures could be met by his proposal, which
provides for the impeachment of deputies for two consecutive
absences "without cause."


5. (C) Croat Deputy Speaker Niko Lozancic (HDZ) claimed he
had received positive signals from OHR on his first proposal,
which he asserted, met "ninety-five percent" of the Lajcak
measures. (Note: OHR legal experts told us that it had met
the HighRep's requirements regarding quorums but not those
regarding decision-making. End Note) He then informed the
Ambassador that he had tabled a second proposal on November
21 that met "one hundred and ten percent of HighRep Lajcak's

requirements." Lozancic went on to say that he and his
colleagues would do their best to reach an agreement that
they could put into Parliamentary procedure for a vote next
week. He left open the possibility that the Collegium could
ask the High Representative to extend the December 1 deadline
to continue negotiations, but acknowledged that an extension
also carries some risks since parties could try to drag out
the process unnecessarily.

Ambassador Emphasizes Goodwill and Compromise
--------------


6. (C) The Ambassador urged each Collegium member to
negotiate with goodwill and to compromise. He made clear
that it was up to the High representative to determine as to
whether a specific proposal met the October 19 measures.
However, the Ambassador said he felt encouraged that the
Speakers are bringing ideas to the table and pledged public
support for their attempts to negotiate an agreement
acceptable to all sides. He also reminded them that any
agreement had to be consistent with Bosnia's constitution and
the intent of the High Rep's measure. Delegates could not be
allowed to obstruct the legislative branch by failing to
attend sessions or refusing to vote on measures before it.
The Ambassador also noted that the House of Peoples (HoP)
must also amend its rules by December 1 and that party
leaders in that institution should begin negotiations as soon
as possible.

The View from OHR
--------------


7. (C) OHR is encouraged that the three speakers have begun a
dialogue and has urged them to continue. OHR's legal experts
told us that Lozancic's second proposal is consistent with
the HighRep's requirements for quorum, but not for
decision-making. However, the HighRep's cabinet-level legal
advisor said "the logic contained in Lozancic's (second)
proposal could provide the basis for productive exchanges
among the Collegium." At a November 23 meeting with Quint
Ambassadors, Lajcak urged them to press political leaders, in
particular Tihic and Silajdzic, to back Belkic and to find a
solution for the (upper chamber) House of Peoples as well.
Lajcak is particularly concerned that the Bosniaks will
refuse to engage in good faith negotiations with the Serbs
because they prefer that his October 19 measure be imposed
without modification. Quint Ambassadors agreed to meet as a
group with Tihic and Silajdzic to underscore that failing to
engage with the Serbs would play in Dodik's hand by allowing
him to claim that Bosniaks are uninterested in working with
Serbs to resolve their political differences.
ENGLISH