BOSNIA - HIGHREP LAJCAK AND QUINT AMBASSADORS LOOK

C O N F I D E N T I A L SECTION 01 OF 02 SARAJEVO 002629 SIPDIS SIPDIS DEPARTMENT FOR EUR(DICARLO),EUR/SCE(HOH/FOOKS); NSC FOR BRAUN; OSD FOR BIEN E.O. 12958: DECL: 01/01/2016 TAGS: PGOV PINR PREL BK SUBJECT: BOSNIA - HIGHREP LAJCAK AND QUINT AMBASSADORS LOOK AHEAD Classified By: Ambassador Charles English. Reason 1.4(b) and (d). ¶1. (C) SUMMARY: High Representative Lajcak met with Quint Ambassadors on December 6 to take stock of the situation in Bosnia and discuss how best to manage key issues over the next several weeks. Lajcak reported that Prime Minister Spiric (still in a technical mandate) planning to establish a working group on police reform to implement the Mostar Declaration. He noted that he would attend the December 11 meeting of governing coalition political leaders and urge them to make the most of the "positive opening" created by the initialing of the Stabilization and Association Agreement (SAA). There was consensus among the HighRep and Quint Ambassadors that constitutional reform should not be near term priority, but little agreement on how to manage the issue once police reform was resolved. The HighRep reported that he planned to extend his ban on the disposal of state property rather than press to resolve this issue in December as he originally planned. Finally, the HighRep raised OHR's future, suggesting a milestone-based extension might make the most sense, but stressing that the decision on OHR's future rested with the Peace Implementation Council (PIC), particularly the Quint. END SUMMARY Police Reform: Police Reform Directorate II -------------- ¶2. (C) Lajcak told Quint Ambassadors that PM Spiric (still in a technical mandate, but expected to be reappointed PM in the coming days) was eager to create a "state-level" body that would implement of the October 28 Mostar Declaration on Police Reform. (Note: The state body would draft laws that established the state-level police structures agreed to by governing coalition party leaders at their November 22 Sarajevo meeting and codified in the so-called Sarajevo Implementation Plan. End Note) Spiric told Lajcak that he wants the state-level body to work with EUSR and the European Union Police Mission (EUPM) and has invited both to name representatives to it. Lajcak stressed that the EUSR and EUPM representatives will not lead the police reform working group or attempt to dictate the outcome; they would only "provide corrective advice" if Bosnian members put forward proposals inconsistent with the EU's requirements. Lajcak invited the U.S. to name an observer to the group as well. Constitutional Reform: Not Now -------------- ¶3. (C) Lajcak reported that he would attend the December 11 meeting of governing coalition party leaders in Banja Luka. He anticipated that the Serb and Croat parties would raise constitutional reform, but noted that the Bosniaks, particularly Party for BiH (SBIH) leader Haris Silajdzic, are unlikely to engage meaningfully on the issues, adding that Silajdzic and Party for Democratic Action (SDA) President Sulejman Tihic would prefer to focus on constitutional reform after Kosovo final status is resolved. Lajcak said that he would refrain from proposing any timelines or frameworks on constitutional reform; instead he would encourage the parties to devote their energies to completing police reform, so the Stabilization and Association Agreement (SAA) could be signed. Lajcak revealed that he and EU Enlargement Commissioner Rehn had discussed co-hosting a seminar on constitutional reform for party leaders in late January or early February, which would discussion of "what a European constitution might look like." ¶4. (C) The French Ambassador proposed that the EU prepare a "general framework of constitutional requirements for entry into the European Union" for party leaders at the same time making clear that responsibility for amending the Dayton Constitution rested squarely with the Bosnians themselves. The British Ambassador cautioned that taking "a hands off approach" to constitutional reform guaranteed one of two outcomes: political leaders would fail to agree on constitutional changes or they would reach agreement on changes that made the current situation worse. He suggested that the 2005 Venice Commission report provided a sufficient framework for constitutional reform negotiations. The Ambassador repeated A/S Fried's public comment that the U.S. would remain engaged in the constitutional reform process. Recalling that police reform had begun as an effort to put SARAJEVO 00002629 002 OF 002 forward "European standards" for police organization and that subsequent discussion showed a large contradictory "European models" of organization, the Ambassador cautioned against providing party leaders with specific EU requirements for constitutional reform, noting that the EU consisted of 27 member states with 27 different constitutions. The Ambassador recommended that OHR instead frame the constitutional debate in terms of Bosnia's need for a functional and efficient state. State Property: Another Delay -------------- ¶5. (C) Lajcak reminded Quint Ambassadors that he had planned to press for resolution of the state property issue during December, when the HighRep's current ban on the disposal of state property expires. Language on the issue in the June and October Peace Implementation Council (PIC) communiques was designed to justify using the Bonn Powers to resolve the issues, if the parties failed to do so, which Lajcak reported, had been the case. Nonetheless, Lajcak told Quint Ambassadors that he planned to extend the ban by three months (until the end of March) in light of the more recent guidance from Quint capitals to avoid a confrontation with the RS until after Kosovo final status was resolved. The German Ambassador, underscoring that he was speaking under instruction, welcomed the HighRep's decision, adding that Berlin did not want to "open up more issues" until after February 1, 2008. OHR's Future -------------- ¶6. (C) The HighRep concluded the Quint by raising the issue of whether OHR should remain open beyond June 2008. He indicated that he wanted to visit Quint apitals prior to the February 26-27 PIC to discus this issue. While he would not "lobby" capital, Lajcak said that he believed OHR remained necesary. He expressed concern that announcing an enddate would instantly turn OHR into a lame duck and encourage political leaders, particularly the Serbs and Croats, "to wait us out." Lajcak indicated that he preferred a milestone based extension, adding that two major milestones suggested themselves: signing of an SAA and completion of constitutional reform. The German Ambassador noted that his government was undecided about OHR's future and would likely propose Quint Political Directors meet in January to discuss the issue. The British Ambassador reported that HMG's current preference was to work towards "an end state, not an end date," adding that the later had been tried and failed. ENGLISH