BOSNIA - SREBRENICA MEMORIAL TRANSITION COULD

C O N F I D E N T I A L SECTION 01 OF 03 SARAJEVO 000234

SIPDIS

SIPDIS

DEPARTMENT FOR EUR (DICARLO),EUR/SCE (FOOKS/STINCHCOMB)

E.O. 12958: DECL: 02/05/2018
TAGS: PGOV PREL BK
SUBJECT: BOSNIA - SREBRENICA MEMORIAL TRANSITION COULD
SPARK POLITICAL BATTLE

REF: 07 SARAJEVO 1249

Classified By: Michael J. Murphy. Reasons 1.4 (b),(d).


1. (C) Summary: Bosnian politicians seem poised to
appropriate the Srebrenica-Potocari Memorial and Cemetery to
advance ethnic political interests. Serb politicians may be
gearing up to oppose state oversight of an institution in the
RS as an extension of the campaign to limit state
competencies. Bosniak leaders are aware that residual
sensitivities over Srebrenica can be manipulated for
political purposes. Last June, Former High Representative
Christian Schwarz-Schilling used the Bonn Powers to impose
legislation establishing the Memorial as a state-level
institution with a Governing Board appointed by the Council
of Ministers. However, little has been done to implement the
law and complete the transition of Memorial management from
international to domestic control. We are concerned about
the length of time it has taken the Council of Ministers to
appoint the Governing Board and have raised the issue with
Prime Minister Nikola Spiric. Further delays could aggravate
latent tensions over Srebrenica, potentially sparking another
political confrontation just as we approach the anniversary
of the February, 2007 International Court of Justice (ICJ)
verdict on genocide in Srebrenica. End Summary.

Srebrenica-Potocari Memorial and Cemetery - Background
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2. (U) The Foundation for the "Srebrenica-Potocari Memorial
and Cemetery for the Victims of the 1995 Genocide"
(hereinafter "Center") was established by a decision issued
by former High Representative Petrisch in May 2001. The
Foundation consists of an Executive Board, currently chaired
by the High Representative, whose members include the BiH
Islamic community, Mr. Beriz Belkic, Deputy Speaker of BiH
Parliament, BiH Minister of Human Rights and Refugees, the
U.S. Ambassador, and the International Commission for Missing
Persons. This Board manages the Foundation, with advice from
an Advisory Working Group comprised of family member
representatives including members of the Mothers of
Srebrenica associations, the Mayor of Srebrenica, and the
Tuzla Mufti, who represents the Islamic community. In August
2002, the U.S. contributed USD 1 million to the construction
of a memorial and cemetery for the remains of more than eight
thousand men and boys killed in the July 1995 Srebrenica
genocide. Former U.S. President Bill Clinton opened the
Potocari Cemetery and Memorial on September 20, 2003. Each
year on July 11, thousands of people travel to Potocari to
commemorate the genocide during a memorial service and burial
held at the cemetery. To date, 2,906 identified Srebrenica
victims have been buried at the Potocari Cemetery.


HighRep Enacts Law Bringing Center Under State Authority
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3. (C) In the wake of the February 26, 2007 ICJ verdict that
genocide took place in and around Srebrenica in July, 1995,
Bosniak political leaders, most notably Bosniak member of the
Tri-Presidency Haris Silajdzic, fomented a political crisis
by supporting a movement advocating Srebrenica's secession
from the Republika Srpska (RS). As part of a broader effort
to deflate the political crisis over the ICJ verdict, on June
25, 2007, outgoing High Representative Christian
Schwarz-Schilling used his Bonn Powers to enact the Law on
the Center for the Srebrenica-Potocari Memorial and Cemetery
for the Victims of the 1995 Genocide. The law placed the
Center under state-level jurisdiction, and established a
state institution, which was intended to assume the
responsibilities of the Srebrenica-Potocari Memorial
Foundation. Under Article 9 of the law, the Center is to be
managed by a Governing Board, responsible to and appointed
by, the Council of Ministers. The seven-member board will be
appointed for a four-year term and will have the
responsibility of managing all aspects of the Center's
administration, including funding. Once the Council of
Ministers makes its final appointments to the Governing
Board, the Foundation Executive Board, including the U.S.
seat, will dissolve.

Delays Suggest that Center Could Become a Political Football
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4. (C) Since June, the process of transferring the Center to
state jurisdiction has been completed with the exception of

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the critical final step of appointing the Governing Board.
Although there has been positive progress made on other
fronts, including a recently passed 700,000 KM (approximately
$540,000) earmark for the Center in the state budget, PM
Spiric has failed to fulfill his responsibility to name
appointees to the Board. House of Representatives Speaker
Beriz Belkic (SBiH) told us that he has discussed the
appointments with PM Spiric and that both Spiric and RS Prime
Minister Milorad Dodik are aware of the issue. There is
growing concern that the delay over the Board appointments is
part of a coordinated Alliance of Social Democrats (SNSD)
effort originating with Dodik himself.


5. (C) There is also growing concern that additional delay
will aggravate latent tensions about the Center and its place
in the state. In recent weeks Dodik has ratcheted up his
rhetorical attacks on the state and state competencies. In
this context there is the potential for Serb politicians to
create roadblocks by demanding a court decision on the
Center's legal status within the RS, linking the Center to a
parallel memorial at the Jasenovac concentration camp or by
nominating controversial Serb candidates for the Governing
Board. Speaker Belkic believes a compromise solution is
possible, but we have also been told that the Mothers of
Srebrenica Associations will vehemently object to any
appointment of a Bosnian Serb official to the Governing
Board. (Note: Approval of the Mothers, or any other members
of the Advisory Board, is not a requirement under the Law.
The Council of Ministers has the sole appointment authority,
but the Mothers could rally Bosniak political support for
their view. End Note.)


6. (SBU) In a January 31 meeting of the Srebrenica Executive
Board, we recommended that the seven-member Governing Board
not be linked to ethnic quotas, but should consist of
candidates nominated by and representative of the following
institutions: BiH Ministry for Human Rights and Refugees;
BiH Commission on National Monuments; BiH Parliamentary
Committee for Human Rights, Rights of Children, Youth,
Immigration, Refugees, Asylum and Ethnic Representation; RS
Government; Federation Government; BiH Missing Persons
Institute; and one representative of the current Executive
Board to provide continuity and institutional knowledge of
the Center and its activities. Our aim with the last
recommendation is to secure a position on the Board for
Belkic who, despite being a member of Silajdzic's party, is
passionately committed to the Board's mission and to
preventing the board from becoming a political football.

Embassy Engages to Steer Transition Back on Track
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7. (C) The Ambassador and High Representative Miroslav Lajcak
sent a joint letter to PM Spiric expressing concern over the
lengthy delay in appointing the Governing Board and urging
him to resolve the Board at the earliest possibility. (Note:
OHR was initially reluctant to send the letter, but agreed at
our urging. End Note.) In separate meetings during the week
of January 28, the Ambassador encouraged Spiric and Dodik to
nominate reasonable candidates who are committed to
reconciliation and the mission of Center. The Ambassador
also told Spiric that, as we have done in the past, the USG
is ready to publicly recognize RS efforts to constructively
address issues related to Srebrenica.

Comment
--------------


8. (C) In the run up to the first anniversary of the
February 26, 2007 ICJ verdict, it will be important to
diffuse any potential political confrontations over
Srebrenica by, among other things, achieving full
implementation of the Center legislation. The ICJ verdict
anniversary, combined with a Kosovo CDI and the March
assumption of the rotating Presidency Chairmanship by Haris
Silajdzic, could provide the elements necessary to spark
another debate over Srebrenica and the Potocari Memorial
Center. If the appointment process is further delayed by
obstructionism from Banja Luka, and OHR maintains its current
hands-off approach, we are concerned that Bosniaks may again
develop a public perception that the international community
is not prepared to take the steps necessary to recognize
Srebrenica genocide. We will continue to urge Bosnian Serb
politicians to focus on making the Center a viable
institution and will proactively address reasonable Serb
concerns about its transfer to the State. End Comment.

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ENGLISH