KOSOVO ASSEMBLY APPROVES NEW CONSTITUTION

C O N F I D E N T I A L PRISTINA 000187

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR DRL, INL, AND EUR/SCE, NSC FOR BRAUN, USUN FOR
DREW SCHUFLETOWSKI, USOSCE FOR STEVE STEGER

E.O. 12958: DECL: 04/11/2018
TAGS: PGOV KDEM EAID KV UNMIK YI
SUBJECT: KOSOVO ASSEMBLY APPROVES NEW CONSTITUTION

Classified By: Charge d'Affaires Tina S. Kaidanow for Reasons 1.4 (b) a
nd (d).


1. (C) SUMMARY: The Kosovo Assembly passed its new, fully
Ahtisaari-compliant Constitution with 97 votes in favor
during an April 9 extraordinary session. Prime Minister
Thaci, President Sejdiu, and Constitutional Commission
president Hajredin Kuci spoke during the brief session, while
Assembly Presidency members voiced their strong support for
the document on behalf of their party caucuses at an April 8
Presidency meeting. The Constitution was certified by ICR
Pieter Feith, signed by members of the Constitutional
Commission during an April 7 ceremony, and will come into
force on June 15. END SUMMARY.


2. (C) The Kosovo Assembly held an extraordinary session for
the Constitution, with 107 of 120 members present. Gorani MP
Hajlili and nine of the ten Serb members did not attend the
session. Former Returns Minister Grbic, a Serb, attended but
was apparently confused by Speaker Krasniqi's decision to
hold the vote by acclamation; while Grbic did not stand, he
later clarified to the Assembly secretariat counting votes
that he supports the Constitution. Three of the five Bosniak
members voted in favor. Ashkali MP Sabit Rrahmani, under
indictment for fraud and reportedly out of Kosovo, did not
attend. Among Albanian MPs, frequent nay-sayer and PDK
extremists Nait Hasani and Hydajet Hyseni actually voted in
favor.


3. (C) In the Turkish community, Minister and Constitutional
Commission member Mahir Yagcilar voted yes. Fellow Kosovo
Democratic Turkish Party (KDTP) members Enis Kervan and
Mufera Sinik insisted on not voting, despite telling us they
consider the entire document to be excellent, because Article
5 does not give the Turkish language the status they believe
it deserves. Article 5 underwent important changes in direct
response to Turkish concerns and now allows official use of
Turkish at all levels as provided by law. Unfortunately,
Kervan told us that he does not foresee that the law will so
provide and said he was under immense pressure from some in
his community to vote against the Constitution.


4. (SBU) Although caucus leaders did not speak at today's
session (in accordance with an agreement to keep the session
short and simple),Presidency members Nexhat Daci (LDD),
Sabri Hamiti (LDK),Naim Maloku (AAK),Ibrahim Gashi (AKR),
and Dzezair Murati (7 plus) all had the opportunity to speak
during the April 8 Assembly Presidency meeting and all voiced
strong support for the Constitution.


5. (C) COMMENT: With more than a year of drafting and
Commission meetings, thousands of public comments and
hundreds of revisions, the Kosovo constitutional process is
both authentic in terms of local ownership and fully
compliant with Ahtisaari provisions. The document was
painstakingly put together with wide representation from all
political parties, civil society and other interested local
stakeholders. The constitution also has broad legitimacy
among Kosovo's population; even normally cynical media
commentators have acknowledged that the multiple provisions
for minorities are the necessary price for Kosovo's
independence. The document's passage should provide further
proof to those in the international community who need it
that Kosovo remains on a multi-ethnic path, despite the
obvious difficulties and continuing provocations from outside
and within. END COMMENT.
KAIDANOW