HIGH REPRESENTATIVE LAJCAK WARNS UNSC BOSNIA IS AT

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TAGS: PGOV BK UNSC
SUBJECT: HIGH REPRESENTATIVE LAJCAK WARNS UNSC BOSNIA IS AT
TURNING POINT



1. (SBU) Summary: In a November 15 Security Council meeting
on Bosnia and Herzegovina (BiH),High Representative Miroslav
Lajcak told members that reform progress in the country had
been stalled and this was holding back a European and
Euro-Atlantic future. Lajcak defended his use of Bonn Powers
on October 15 as an effort to compel officials to participate
in government. Nikola Spiric, who recently resigned as Prime
Minister but is serving under a technical mandate, criticized
Lajcak's measures, saying non-participation was caused by
international community partisan interference. Spiric spoke
despite letters to Council members from elements of the
Bosnian Presidency making it clear that he would not be
presenting a consensus view of that complicated entity. The
session was closed to the public over Russian objections.


2. (SBU) Ambassador Wolff met on November 16 with Spiric and
stressed our support for the Highrep and disappointment with
Spiric's decision to resign. Spiric defended himself as a
supporter of BiH's territorial integrity and Euro-Atlantic
integration whose efforts to foster inter-ethnic dialogue had
been stymied by the Highrep. Spiric said only the US among
international actors had the capacity to move Bosnia forward.
End summary.

Lajcak: Bosnia Last In Line For SAA With EU


3. (SBU) In a November 15 private meeting on BiH (no press,
General Assembly members and EU by invitation),High
Representative Miroslav Lajcak reviewed for Security Council
members the analysis contained in his latest bi-annual
report. Lajcak said that BiH's course toward Euro-Atlantic
integration was in jeopardy because recent
ethnically-divisive rhetoric and actions by some leaders in
BiH were delaying progress. He said BiH continues to
struggle with serious economic problems and corruption. He
defended his October 15 use of Bonn Powers to make a voting
quorum for passage of legislation be based on actual
attendance at meetings as within the constitution and
necessary to prevent a blockage of BiH's functions of
government. Bosnia now stood at a turning point of either
escalation or deflation of its problems and needed compromise
and reform, which had been demonstrated to be possible by the
October 28 Mostar agreement to unblock police reform. Lajcak
also stressed ICTY cooperation as a necessity for EU
integration. Lajcak called on Bosnia's leaders to do what is
needed to meet the conditions for an EU Stabilization and
Association Agreement (SAA.)

Spiric: Need Internal Dialogue, Not Dialogue With
International Community


4. (SBU) Speaking next, Nikola Spiric, who is serving under
a technical mandate as prime minister, averred that he had
taken over chairmanship of the Council of Ministers hopeful
that progress could be achieved in Bosnia but that political
developments had not allowed that. (Note: Spiric spoke
despite letters received by British and Indonesian Permreps
from the Bosnian Presidency making it clear that he did not
present the consensus views of that complicated entity. He
spoke in a private session (no press, General Assembly
members and EU by invitation) after lengthy consultations
where Russia argued for a public meeting. End note.) Spiric
continued that the only solution for BiH to move forward on
needed reforms was dialogue, but he stressed this should be
an internal dialogue, not a dialogue between the
international community and BiH elements currying its favor.
He said that the Highrep's October 15 use of the Bonn Powers
to change rules for passage of legislation discouraged
dialogue and amounted to an unstated amendment to the
country's constitution. Spiric insisted he supported
European and Euro-Atlantic integration and wanted progress
toward an SAA. He also expressed support for renewing
EUFOR's mandate.

Russia: Bonn Powers Should Not Be Used For Any Non-Dayton
Agenda


5. (SBU) Offering support for many of Spiric's assertions,
Russian Ambassador Churkin said recent events in BiH were
alarming. The Highrep's recent use of the Bonn Powers did
not have the agreement of all three of the Bosnian peoples
and violated the spirit of Dayton. The views of Republika
Srpska (RS) should not be ignored and the Bonn Powers should
not be used for any non-Dayton agenda such as accelerating
reform toward European integration, charged Churkin. Lajcak
should weigh future steps carefully and avoid unlimited use
of the Bonn Powers. Churkin protested also that

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international community elements bent on independence for
Kosovo should not deal with the consequences of its plans by
"turning the screws on Bosnia."

Statements Of Other Security Council Members And The EU


6. (SBU) UK Permrep Sawyers underscored that there was no
threat to the existence of the RS and the international
community would uphold Dayton. The Highrep's recent efforts
to increase functionality through use of the Bonn Powers were
constructive as Bosnia would not progress toward the EU
unless its government could take and implement decisions,
which was blocked by manipulative use of parliamentary rules.
The Bonn Powers are still essential, stressed Sawyers.


7. (SBU) Speaking for the US, Ambassador Wolff said the US
supported the Highrep and his recent actions to strengthen
Bosnia's institutions and that we expected Bosnia's political
leaders to respect those measures and implement them. Wolff
said the U.S. regretted that Prime Minister Spiric had
decided to resign rather than advance Bosnia's reform agenda
and that, having resigned, his comments to the Security
Council represented his personal views. Progress toward
Euro-Atlantic integration had, unfortunately, stalled because
of irresponsible rhetoric. Wolff welcomed the October 28
Mostar Agreement.


8. (SBU) French Permrep Ripert expressed support for the
Highrep's work and regret that the actions of some BiH
leaders were betraying the aspirations of the people.
Belgium lamented that lack of progress toward reform and
desire of some leaders to move away from Dayton and argued
continued use of the Bonn Powers was necessary. Italy stated
that continued work toward police reform and a European
future was necessary.


9. (SBU) Slovak Permrep Burian underscored that Spiric's
comments before the Council had been private and not
official, noting representatives of other ethnic communities
in Bosnia were not present. Burian also said Bosnia is
falling behind its neighbors on progress toward European
integration and police and constitutional reforms are
necessary.


10. (SBU) Speaking on behalf of the EU, Portuguese Mission
Ambassador Godinho stated that the situation in BiH was now
of the utmost concern to the international community.
Progress toward an SAA would depend on implementing police
reform but also on building up public administration,
implementing public broadcasting legislation and ICTY
cooperation, Godinho said. Bosnia's leaders should set aside
polemics and focus on progress toward the EU.

Lajcak Responds To Criticism Regarding Bonn Powers


11. (SBU) Speaking again at the end of the meeting, Lajcak
stated that his recent use of the Bonn Powers had been
consistent with the Dayton Agreement and BiH's constitution.
The Bonn Powers had been used 334 times since Dayton and the
recent use had been timely and balanced. Lajcak added he
intended to offer a legal interpretation of his recent usage
that could not be misused. The Bonn Powers exist to
implement the Dayton Agreement and when OHR's mandate was
extended the last time all parties were aware the use of
those powers was part of it, Lajcak stressed.

Ambassador Wolff's Meeting With Spiric


12. (SBU) On November 15, Ambassador Wolff met with Spiric
and stressed our support for the Highrep and disappointment
in Spiric's decision to resign. Wolff also defended the
Highrep's October 15 use of Bonn Powers as aimed at fostering
engagement by all of Bosnia's stakeholders in Bosnia's
political future. Spiric cast himself in the meeting as a
strong supporter of BiH's territorial integrity and
Euro-Atlantic integration. Wolff pointed to the chorus of
Euro-Atlantic voices in the previous day's meeting that had
supported the Highrep while Russia and Serbia had not and
asked Spiric if he saw Lajcak as having ulterior motives.
Spiric responded that BiH was a small country and did not
want to get caught in the middle of disputes involving larger
countries as this always ends in tragedy; the Highrep had
"blocked me from doing my job" through his October 15 use of
the Bonn Powers, Spiric alleged, adding that he did not think
either himself or Lajcak personally to be the problem, but
dialogue is necessary and has to be bi-directional. Wolff
concluded by querying Spiric on whether he saw a role for the

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US in defusing the situation. Spiric responded that he
thought only the U.S. had the ability to help and that it
would be necessary for the U.S. to sit down with Bosnia's
local leaders and help understand what in the Highrep's
decision had produced such "hysteria" and then later to
"amend elements of the decision" in a way that would allow
all parties in Bosnia to move forward.


Khalilzad