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 -------------- ¶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 -------------- ¶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 -------------- ¶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 -------------- ¶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