OSCE MISSION TO CROATIA: WINDING DOWN ITS MANDATE

UNCLAS SECTION 01 OF 03 ZAGREB 000642 SIPDIS SIPDIS FOR EUR/SCE, EUR/RPM E.O. 12958: N/A TAGS: PREL PGOV OSCE PREF KWCI HR WAR CRIMES REFUGEES SUBJECT: OSCE MISSION TO CROATIA: WINDING DOWN ITS MANDATE REF: A. ZAGREB 565 ¶B. ZAGREB 551 ¶C. ZAGREB 472 ¶D. ZAGREB 399 ¶E. ZAGREB 227 (U) Sensitive but unclassified; please handle accordingly. ¶1. (SBU) SUMMARY and COMMENT. This is a joint Embassy Zagreb and USOSCE cable and represents our strategy in moving forward toward OSCE Croatia mission closure. While we believe full closure could be achieved by the end of 2007, there is no consensus on this issue among European missions in Zagreb or in Vienna. OSCE mission closure remains high on the GOC's priority list, and the GOC has stepped up its efforts to complete the two remaining primary OSCE mandate goals (Refs C and D): the GOC has agreed to meet specific benchmarks on refugee return programs by the end of the year, and has offered a proposal for monitoring domestic war crimes trials. ¶2. (SBU) The GOC refugee return benchmarks are ambitious but realistic, and the prospect of OSCE closure is the best motivation for the GOC to achieve them. Achieving the bulk of these targets will demonstrate clear forward momentum on refugee programs, and will justify mission closure by the end of the year. Continued OSCE monitoring of war crimes trials is not necessary beyond this year, as local NGOs have demonstrated adequate capacity (Ref E). However, given concerns expressed by certain European countries that war crimes trials will need monitoring into 2008, we may need to compromise in allowing a follow-on structure to be created in order to reach consensus. A reporting requirement or other Vienna-based mechanism would also help overcome residual concerns on refugee issues. Serbia is concerned that there be an international role to keep up the pressure on both issues and could insist on keeping the mission open if not satisfied. END SUMMARY and COMMENT. KEY MOMENT FOR CROATIA, BUT NO EUROPEAN CONSENSUS -------------- -------------- ¶3. (SBU) The remainder of 2007 is the key opportunity both for the international community to press hard on these core issues and for the GOC to demonstrate it can achieve technically what it has promised politically. There is clear political will for progress, demonstrated last month by PM Sanader's "personal commitment" to U/S Burns (Ref A). Sanader's upcoming 10 July visit to the OSCE in Vienna will keep up the GOC's momentum and further signal its plans ahead. ¶4. (SBU) The Head of the OSCE Mission in Croatia and some key European missions agree it is time for OSCE resources to be re-allocated to priorities elsewhere; many are neutral; and some are strongly opposed: in particular, the head of the European Commission delegation in Zagreb wants to continue the OSCE presence to support progress on some difficult acquis communitaire issues relating to Croatia's upcoming EU membership. Some European countries want the OSCE to remain in order to monitor and press for progress on the key mandate issues of refugee return and war crimes trial monitoring. The Serbian delegation in Vienna has insisted privately to USOSCE that there be some type of international umbrella for continued monitoring not only of war crimes trials but also issues related to refugee return. ¶5. (SBU) A decision will have to be taken at the end of the year either closing the mission or extending it; lack of consensus on either will de facto close the mission. REFUGEES: CLEAR BENCHMARKS FOR 2007 -------------- ¶6. (U) On numerous occasions (ref B and C),the GOC has agreed to meet the following benchmarks on the refugee portfolio: -- 1. Four hundred apartments outside the Areas of Special State Concern (ASSC) allocated - about 10% of program applications; -- 2. One thousand apartments inside the ASSC allocated - about 30% of remaining program applications; -- 3. Convalidation (pension credit for time worked under the Serb administration) solution finalized; -- 4. Residents in Vukovar in OTR (occupancy and tenancy rights holders -- former tenants of socialized housing) apartments possess leases and appropriate paperwork. ¶7. (U) In the GOC's regular "Plenary Meeting" with the OSCE held on 19 June, Minister for Sea, Transport, Trade and Development Bozidar Kalmeta reported that the GOC has ZAGREB 00000642 002 OF 003 purchased 136 apartments and has allocated 50 (e.g. beneficiaries are living in the apartments) outside the ASSC. The GOC plans to purchase another 190 this year and complete the program by the end of 2009, a timeline sped up at the urging of the international community. Approximately 4,500 families have applied to the program. Apartment purchase and construction remains very slow; along with the OSCE, the EU, and the UNHCR, we continue to press for speedy implementation. ¶8. (SBU) Inside the ASSC, about 4,500 out of 8,000 total applications have been resolved (note: people of all ethnicities and those who have been living in the Vukovar region). There are about 3,000 families who have received an approval and are awaiting housing. A critical impediment to program implementation remains the convoluted land ownership registry, as well as permitting, zoning, and other local procedures. Nevertheless, the GOC is on the hook to resolve these "technical difficulties." While many other facets of the refugee program remain, progress on OTR benchmarks will be our key indicator for measuring success this year. If the bulk of these targets are not achieved, we would consider a continued - but reduced - presence for 2008. The international community (including Embassy Zagreb) will remain vigilant in monitoring further progress in the years to come. We will also encourage other bilateral missions to become actively engaged on refugee returns, and will continue to engage them on OSCE-related issues. WAR CRIMES MONITORING: FUNCTION OVER FORM -------------- ¶9. (SBU) Minister of Justice Ana Lovrin assured the OSCE and Zagreb of the GOC's commitment to prosecute war crimes regardless of ethnicity, and reaffirmed Croatia's commitment to strong regional cooperation, which has included facilitating testimony of Croatian witnesses in Belgrade's Special War Crimes Chamber and arranging for witnesses from both Bosnia and Serbia to testify in Croatian courts. Croatia's Chief State Prosecutor Mladen Bajic has led efforts to promote cooperation among prosecutors and recently transferred evidence to his counterparts in both Montenegro and Serbia so suspects who cannot be extradited to Croatia can be tried in other jurisdictions. In addition, the Zagreb County Court recently began hearing the Ademi-Norac case; it received significant public attention. Both presiding judge Marin Mrcela and prosecutor Antun Kvakan are close Embassy contacts -- their competence and intense public scrutiny should keep this trial on track. ¶10. (SBU) A war crimes monitoring function will not be necessary beyond 2007 -- both local NGO trial monitoring and extensive media attention now help ensure accountability of the judiciary. Local NGOs have demonstrated adequate capacity through two years of monitoring supported by Embassy grants (ref E). However, there is no consensus in the international community on the continued need for OSCE trial monitoring; several European bilateral missions (notably the British, Swedes and the EC delegation),are pushing for the OSCE presence to monitor not only the ICTY cases but also the dozens of domestic war crimes trials. Therefore, we may need to compromise in allowing some type of follow-on structure to be created for at least the next year to monitor the Ademi-Norac case, transferred from the International Criminal Tribunal for the former Yugoslavia (ICTY) under rule 11bis, as well as domestic war crimes trials. The Future of the OSCE in Croatia -------------- ¶11. (SBU) On war crimes issues, some type of follow-on structure may be a feasible compromise in order to reach consensus on closing the mission at the end of 2007. A war crimes monitoring operation could be staffed by local employees, in particular those who are experienced with local trial monitoring. The Chief State Prosecutor believes this presence should include an international head; Serbia is likely to press for it, and try to enlist Russian help. A follow-on structure could be directed from either Vienna or Warsaw, and should be very small; it should not be necessary beyond 2008. A condition of this extended presence, however, should include an investment in capacity-building efforts, working closely with local NGOs to mentor them on appropriate trial monitoring activities and reporting, as Embassy Zagreb has done through its War Crimes program. This final phase should fully address any European concerns about local capacity. By mid to late 2008, we expect the Ademi-Norac case would be completed, and the structure would be able to transition its domestic trial monitoring completely to local organizations. ¶12. (SBU) On refugee return issues, failure of the GOC to ZAGREB 00000642 003 OF 003 meet its commitments or the need to achieve a broad consensus may also require some kind of follow-on reporting mechanism, with enagement from Vienna or Warsaw. COMMITMENTS ON ADDITIONAL MANDATE ITEMS -------------- ¶13. (U) In its OSCE Plenary Meetings, the GOC has agreed to complete other mandate-related items. The GOC committed in writing to OSCE HOM Fuentes to: -- provide adequate resources for the ombudsman and Constitutional Court; -- complete elections for the Constitutional Court before Parliamentary elections (expected in November); -- approve the Law on Free Legal Aid, incorporating Council of Europe suggestions, and present it to Parliament in July. In addition, the GOC held a roundtable, attended by the Prime Minister, on expanding minority employment within the state administration, and plans a follow-up roundtable in the fall. By the end of 2007, all remaining commitments should be achieved. BRADTKE BRADTKE