Identifier
Created
Classification
Origin
08BRUSSELS1787
2008-11-25 18:00:00
UNCLASSIFIED
Embassy Brussels
Cable title:  

FLEMISH INTERIOR MINISTER'S REFUSAL TO CONFIRM

Tags:  PGOV PHUM BE 
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INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
UNCLAS SECTION 01 OF 02 BRUSSELS 001787 

SIPDIS

STATE FOR EUR/WE, EUR/ERA AND DRL

E.O. 12958: N/A
TAGS: PGOV PHUM BE
SUBJECT: FLEMISH INTERIOR MINISTER'S REFUSAL TO CONFIRM
FRANCOPHONE MAYORS THREATENS INSTITUTIONAL TALKS

REF: BRUSSELS 1772

UNCLAS SECTION 01 OF 02 BRUSSELS 001787

SIPDIS

STATE FOR EUR/WE, EUR/ERA AND DRL

E.O. 12958: N/A
TAGS: PGOV PHUM BE
SUBJECT: FLEMISH INTERIOR MINISTER'S REFUSAL TO CONFIRM
FRANCOPHONE MAYORS THREATENS INSTITUTIONAL TALKS

REF: BRUSSELS 1772


1. Summary: The Flemish Interior Minister's second refusal
to confirm in office three francophone mayors who had
violated Belgian language laws has put the just-relaunched
institutional talks on structure of the Belgian state into
question. Dismayed francophone politicians have asked the
Flemish government as a whole to confirm the decision and may
walk out of the talks if they are not satisfied with the
response. The Interior Minister's decision was likely taken
as a means of shoring up his Flemish Liberal (Open VLD)
party's image among Flemish voters as regional elections
approach in June 2009. The Council of Europe will consider
whether to introduce monitoring of Belgian compliance with
the European Charter of Local Self-Government at a session
December 1-3. End Summary.


2. Marino Keulen (Open VLD),the Interior Minister for the
Flemish Regional Government, announced on November 24 his
decision not to confirm into office the three francophone
mayors elected in the Flemish communes of Kraainem, Linkebeek
and Wezembeek-Oppem on the perimeter of Brussels. The three
mayors were elected by their communal councils in 2006 and
the Flemish government has now refused twice to confirm them
in office, the last time being in November 2007. The Flemish
government contends that the mayors violated Flemish
administrative rules when they sent notices of elections
written in French to French-speaking voters. Those voters
make up the majority of the residents of the towns involved,
which are located in Flemish Brabant. Despite their lack of
confirmation, the mayors have been acting ex officio in their
capacities. Still, the Flemish government's refusal has been
a continuing irritation in the process of reforming Belgium's
institutions and in Flemish-francophone relations. Keulen's
action threatens to derail the institutional talks which have
just gotten underway with the naming of negotiators for the
Flemish and francophone communities.


3. The mayors can appeal Keulen's decision to the Council of
State's Flemish Chamber. But that Chamber is the same body
that last year found that the administrative rules in
question were "compatible" with the Federal laws on use of
languages in administration. The mayors can also petition
for confirmation to the Flemish government a third time, but

they are unlikely to obtain any change of opinion. To stop
this "carousel", as it has been dubbed in the press, Keulen
could name his own caretaker mayors to the seats, who could
be approved without a say by the francophone-dominated
communal council.


4. The fate of the francophone mayors is scheduled to be
discussed in the Congress of Local and Regional Authorities
of the Council of Europe in Strasbourg the week of December

1. Council of Europe experts visited the three
municipalities in May 2008 and sided with the mayors. They
made a recommendation which calls for monitoring of the
application of the European Charter of Local Self-Government
in Belgium, which the Institutional Committee of the Congress
forwarded to the entire Congress for possible adoption.
Keulen and the three mayors are expected to appear and debate
before the Congress.


5. Keulen's announcement apparently took by surprise the
Minister-President of Flanders, Kris Peeters (CD&V). Peeters
had been working to try to get the institutional talks off to
a good start, having named three prominent Flemish
politicians as negotiators in October. He had intended to
discuss the mayors' status at a cabinet meeting on November
26, where a compromise might have been considered. Keulen is
believed to have acted so precipitously in order to reinforce
his party's Flemish bona fides, which may have become suspect
and engendered a certain loss of standing in the opinion
polls. That opening has been exploited by the up and coming
party of former VLD leader Jean-Marie De Decker (Lijst De
Decker). The Open VLD has also been weakened by the problems
that two of their federal ministers, Karel De Gucht (reftel)
and Patrick Dewael have recently experienced.


6. The linguistic and institutional question has been pushed
to the side recently by attention paid in the press and among
the public to the economic crisis. There had been some hope
that progress could be made while the institutional talks
proceeded under the radar. Also, many politicians are
reluctant to force the linguistic issue while the government
must deal with serious financial problems. The francophone
parties met on November 25 and formally asked Peeters to
state whether the entire Flemish government endorses Keulen's
decision. They said that Peeters' decision will determine
the future of the institutional talks -- putting them
essentially on hold until Peeters answers. At the same time,

BRUSSELS 00001787 002 OF 002


the francophone Socialist Party (PS) leader Elio Di Rupo and
his CDH ally Joelle Milquet said they do not want to be
trapped into starting "linguistic warfare" that would only
benefit hardliners. They preferred at this point to blame
liberals of all stripes (Open VLD and the francophone MR) for
the dust-up over the mayors.

FOX



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