DECERTIFIED POLICE: SOLUTION REMAINS ELUSIVE

C O N F I D E N T I A L SECTION 01 OF 02 SARAJEVO 000062 SIPDIS SIPDIS DEPT FOR EUR/SCE E.O. 12958: DECL: 01/10/2017 TAGS: BK KJUS PGOV PINR PREL EUN UNSC SUBJECT: DECERTIFIED POLICE: SOLUTION REMAINS ELUSIVE REF: SARAJEVO 3209 Classified By: CDA Judith B. Cefkin for Reasons 1.4 (b) and (d) ¶1. (U) This is an Action Request for the Department. Please see Para 8. ¶2. (C) Summary: After a December 21-22 visit to Sarajevo, Council of Europe Commissioner for Human Rights Thomas Hammarberg assessed that the International Police Task Force (IPTF) police decertification process had flaws, but that a resolution of the issue is within the purview of the UN, not the Bosnian Government. Current Bosnian government initiatives to correct the problem could potentially bring Bosnia into noncompliance with UNSCR 1035, he argued. Faced with this possibility, the U.S. and other Steering Board representatives have urged the High Representative to convey a strong message not to carry out its plan to resolve the issue unilaterally. The HiRep's message to the Bosnian government was weaker than we had hoped and has been ignored by the Council of Ministers (CoM). Bosnian government implementation of a solution that contravenes or circumvents UNSCR 1035, would give rise to a situation that could would require the High Representative to exercise his responsibility to uphold the Dayton Accords. In recent days the UK Embassy has briefed us on a plan to resolve the problem, which appears consistent with Dayton, UNSC resolutions and Bosnia's international obligations. We understand HMG may also have raised their ideas with USUN. End Summary Hammarberg: Decertification Solution Requires UN Approval -------------- -------------- ¶3. (U) At the request of Mirsad Kebo, Minister for Human Rights and Refugees, Council of Europe Commissioner for Human Rights Thomas Hammarberg visited Bosnia from December 21-22 to investigate the grievances of Bosnian police officers decertified by the IPTF. In addition to Kebo, Hammarberg also met with Bosnian Presidency members Zeljko Komsic and Haris Silajdzic, Prime Minister Adnan Terzic, Foreign Minister Mladen Ivanic, EUPM, the Constitutional Court and the leaders of the RS and Federation associations of decertified police officers. In public comments following his meetings, Hammarberg announced that he agreed with the Venice Commission findings (reftel) that the flawed appeals process of IPTF decertification decisions had violated international human rights standards. However, he emphasized that despite these problems, relevant UN Security Council resolutions must be respected. The Bosnian government and courts lack the authority to review IPTF decisions and any solution must originate at the UNSC, Hammarberg said. He urged the UN not to ignore this problem and that a solution be found before the closure of OHR. Hammarberg stated his willingness to meet with the UNSC to this end. Reluctant OHR -------------- ¶4. (C) At a December 22 meeting of Steering Board Ambassadors, the Charge raised U.S. concerns about a recent Bosnian Government decision to unilaterally review, and possibly overturn, IPTF decertifications. The Charge emphasized that allowing such a review would set a dangerous precedent and the situation required clear and unambiguous action by the High Representative in keeping with his responsibility to uphold the Dayton Accords. The United Kingdom supported our intervention and the Russian Ambassador went further, implying his government expects the High Representative to use the Bonn Powers to overturn the decision by the Bosnian government. OHR subsequently issued a public statement stating only that several PIC Ambassadors were concerned about the Bosnian government's actions but did not specify the position of the High Representative. The message stated that the High Representative is obliged to uphold the Dayton Peace Accords and would have no choice but to consider further measures if the Council of Ministers does not respect its international obligations. Bosnian Government Plans Unchanged -------------- ¶5. (C) Despite the OHR message and the Hammarberg statements, the Bosnian government still shows no sign of changing course. Minister for Human Rights Kebo has acknowledged that SARAJEVO 00000062 002 OF 002 domestic institutions cannot not revise IPTF decisions without UN approval. Privately Kebo has assured us that the move to proceed with a Commission is just a smokescreen to take public heat off, and the Commission would not take any action. However, Kebo has since publicly persisted in saying that the Council of Ministers will continue with its plans to form a Commission to review the IPTF decertification decisions. He maintains that the UN should allow domestic institutions to address the issue with the help of OHR and EUPM and asserts that a solution to the issue will be reached in 2007. OHR-DPKO Exchanges -------------- ¶6. (SBU) OHR told post that it has been in close contact with the UN Department for Peace Keeping Operations (DPKO) over the last two months on this issue but no viable solutions have emerged that would be acceptable to all parties. OHR has proposed the creation of a UN-approved Review Board to review contested cases of UNIPTF decertification authority to revise the IPTF decisions if it found them to have been flawed. In response, DPKO Undersecretary Jean-Marie Guehenno in a letter to the High Representative, proposed that a UN statement clarifying that decertified police officers are not precluded from serving in administrative jobs in police or in private security firms. OHR subsequently proposed that, on an agreed date, the UN lift the employment prohibition provisions stemming from decertification. Bosnian authorities would then vet officers reapplying for police jobs. Both OHR proposals appear to require Security Council action revisiting UNSCR 1035. UK Proposal -------------- ¶7. (SBU) The British Embassy has floated a proposal under which the UN would announce the expiration of IPTF decertification by a given date while reiterating that IPTF decisions were correct and necessary given the domestic situation in Bosnia at the time. This would be followed a statement by the UNSC President that, in view of progress in Bosnia's police vetting capabilities, the UN would allow the lifetime ban on decertified police officers expire. Decertified officers could then apply for police jobs and undergo Bosnian vetting procedures. UK legal advisors believe this plan would address the "human rights" issues related to the lifetime employment ban while shielding the UN from any culpability and avoiding a review of IPTF. Although OHR lawyers claim a new UNSC resolution would be required for this solution, the British Embassy maintains a statement by the UNSC President would be sufficient. The British Embassy has asked post whether the USG could support this proposal. Comment and Action Request -------------- ¶8. (C) The Bosnian Government's unilateral decision to revise UNIPTF decisions raises two significant but distinct questions. First, at what point will Bosnian Government actions bring it into violation of its obligations under Annex 11 of the Dayton Peace Accords and UNSCR 1035. To date, OHR lawyers, the British and Russian PIC Ambassadors and even Commissioner Hammarberg seem to agree that any attempt by the Bosnian government to revise IPTF decisions without UN approval would constitute a clear violation of UNSCR 1035. Post believes that if the Bosnian government continues on this course, the High Representative will be obliged to exercise his Article 10 responsibilities to uphold Dayton. A refusal to do so would require appropriate PIC action. Second, how to diffuse the growing negative public opinion over this issue and prevent it from further disrupting domestic politics. It is likely that among the 260 police officers contesting their IPTF decertification a number of cases have merit. It seems clear however, that any decision on whether to redress the situation and in what manner will have to be decided at the UNSC. Our judgment is that the HMG proposal may provide a way forward consistent with USG equities at the UNSC and with regard to Dayton. The UK Embassy has asked us for an official response to their proposal as well as US support in the UNSC and PIC. Post requests Washington guidance on how to reply. CEFKIN