SERBIA'S AUTONOMOUS PROVINCE OF VOJVODINA PRESENTS ITS

UNCLAS SECTION 01 OF 02 BELGRADE 001026

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL SR
SUBJECT: SERBIA'S AUTONOMOUS PROVINCE OF VOJVODINA PRESENTS ITS
DRAFT OF GOVERNING STATUTE

Summary
--------------


1. (SBU) A draft of new governing legislation for the autonomous
province of Vojvodina released by the province's Democratic Party
(DS)-led coalition has attracted the criticism of nationalist
parties, who charge that it is unconstitutional and separatist. DS
coalition partners G-17 Plus and the League of Vojvodina Social
Democrats see the draft statute as far from perfect but needed to
increase Vojvodina's competencies and permit badly needed
decentralization in Serbia. The draft statute, required by the 2006
constitution, would give the provincial government additional
legislative authority and the ability to retain its own revenues in
order to spur economic development. Despite the nationalists'
claims, the draft does not widely increase the province's authority,
and is considerably less autonomy than the province had before its
autonomous status was voided by then Serbian Party Chief Slobodan
Milosevic in 1988. While charges of separatism are common in
Vojvodina, Serbian nationalist groups may take this opportunity to
gain political support for their flagging nationalist agendas. End
Summary.

Statute as Good as it Gets -- for Now
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2. (SBU) The Democratic Party (DS)-led coalition in Serbia's
autonomous province of Vojvodina released a draft of a new governing
statute on September 19. Executive Council Deputy President Ivana
Markovic Dulic (G-17 Plus) told us on September 24 that a committee
of lawyers and politicians from DS and the Alliance of Vojvodina
Hungarians (SVM) had drafted the statute. DS had later included
changes recommended by other Vojvodina coalition partners -- G-17
Plus, the League of Vojvodina Social Democrats (LSV),and the
Liberal Democratic Party (LDP). She said that tension between
Vojvodina politicians, who sought increased decentralization
throughout the country, and "power-loving" party headquarters in
Belgrade had limited what DS had been able to include in the
statute. Serbia's Constitution further limited the competencies
Vojvodina could have. Given these restrictions, Dulic viewed the
current draft statute as the best Vojvodina could get for now. She
expected the Serbian Parliament to pass the statute easily.


3. (SBU) Professor Dragor Hiber, one of the primary drafters of the
current Constitution, also confirmed to us on September 24 that the
draft Vojvodina statute would grant the province the most autonomy
possible without violating constitutional norms. He predicted that
in the specified areas where Vojvodina would be able to adopt its
own legislation, such as education, health, and culture, the
province would be able to provide greater protection for citizens'
rights than national-level legislation provided.


4. (SBU) Sanja Siflis, LSV Director for International Cooperation,
told us on September 24 that the party was not entirely happy with
the draft but realized it was the best possible draft for now. LSV
based its platform on regaining the control over Vojvodina's
governance and economy that was lost when Milosevic revoked
Vojvodina's and Kosovo's autonomy in 1988. It had drafted a new
statute along with SVM in 2007 that would give Vojvodina's
government true legislative, executive, and judicial authority,
ownership of all state properties in the province, and the ability
to earn income through taxes, fees, and other means. Siflis said
the current DS draft fell short of that ideal in several areas,
although she conceded that many of the competencies LSV sought for
Vojvodina would violate the current constitution (which LSV had
opposed). LSV leaders also were not pleased that DS had not
involved all of its coalition partners in the drafting, although DS
had addressed LSV's major criticisms before releasing the draft
publicly. Siflis said the party had approved the draft because it
was a step forward and because the party did not have sufficient
leverage within the coalition government to insist on changes, as DS
enjoyed an outright majority in Vojvodina.

Opposition Criticizes Draft Vojvodina Statute
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5. (U) Officials from the Democratic Party of Serbia (DSS),the
Serbian Radical Party (SRS),New Serbia (NS),and Tomislav Nikolic's
"Forward Serbia" caucus criticized the draft immediately portions
were published. They charged that the draft gave the province
unconstitutional powers and was separatist. DSS deputy (and former
Kosovo Minister) Slobodan Samardzic said the statute gave the
province the attributes of a state. DSS head Vojislav Kostunica
said the statute was a step toward Tito's 1974 Constitution which he
claimed heralded the disintegration of Yugoslavia. Kostunica, who
has released his own competing draft which would grant much less
autonomy, said it was important to note that the Vojvodina statute
was being proposed in the same year as Kosovo's declaration of
independence. NS head Velja Ilic accused the European Union of

BELGRADE 00001026 002 OF 002


encouraging Vojvodina separatism in order to make Serbia "as small
and miserable as possible."


6. (U) Bojan Pajtic, President of Vojvodina's Executive Council,
responded that the statute had been drafted in accordance with the
Serbian Constitution and the new competencies related primarily to
economic development. He pointed out that Vojvodina would not have
any true legislative authority, police, or a Supreme Court.

Constitution Requires New Statute
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7. (U) Although critics have stated that the drafting itself is a
separatist act, an updated statute is one of the many pieces of
implementing legislation required by the 2006 Constitution. The
Constitution requires the current Vojvodina Parliament (the first
elected since the Constitution went into force) to present a draft
statute, approved by two-thirds of Vojvodina MPs, to the Serbian
Parliament within 90 days of its first session. The statute is now
in a period of public comment, and the Vojvodina Parliament is
scheduled to vote on passing it to the Serbian Parliament on October
15, just at the 90-day deadline. The Serbian Parliament has no
deadline to vote on the statute. The statute will go into effect
when the Serbian Parliament passes it by simple majority.

Key Features
--------------


8. (U) The draft statute does not contain any references to
secession, whereas in the 1974 Constitution the republics
specifically had the right to secede. Throughout the 1990s Kosovo
tried to become a republic in order to secede constitutionally.
Furthermore, all the drafters specifically publicly condemned
separatism.


9. (U) The draft statute would change the name of Vojvodina's
Executive Council to "Provincial Government." It would also give
the Vojvodina Parliament the authority to pass "provincial
parliamentary decisions," consistent with national-level laws or
where there are no national-level laws in existence. The Vojvodina
Parliament would be able to nominate judges for district courts in
Vojvodina, as well as for Serbia's High Judiciary Council and
Constitutional Court, for the Serbian Parliament to confirm. The
draft authorizes the Vojvodina Parliament to address areas such as
protection of the environment, culture, minority rights,
infrastructure, and economic development. The statute would give
Vojvodina the ability to earn income through corporate and property
taxes, in accordance with Serbian law and the Constitution. (Note:
LSV told us that in practice Vojvodina would not actually be able to
levy taxes as the current Constitution forbids the province from
collecting taxes.) Vojvodina also would retain the competencies it
now enjoys, including the ability to set its budget within the
limits of 7% of the national budget the Constitution allocates to
the province.

Comment
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10. (SBU) The tabloid press and nationalist politicians raise the
specter of Vojvodina separatism whenever Vojvodina is in the news.
Kosovo also held the status of autonomous province from 1974 until
1988, and nationalists prey on worries that Vojvodina could be the
next to go. The latest criticisms do not represent anything new.
The statute would not increase Vojvodina's authority widely, and all
parties in the province's ruling coalition have publicly condemned
separatism. Nevertheless, the statue is too ripe a target for the
nationalist groups who are grasping for an issue following their
defeat in this year's presidential, parliamentary and municipal
elections. End Comment.

MUNTER