BOSNIA - HIGHREP PONDERS BONN POWERS ANNULMENT OF

C O N F I D E N T I A L SECTION 01 OF 02 SARAJEVO 000631 SIPDIS DEPARTMENT FOR EUR(GORDON/JONES),EUR/SCE(FOOKS/MCGUIRE); NSC FOR HELGERSON E.O. 12958: DECL: 01/01/2015 TAGS: PGOV PREL PINR PHUM KDEM EU BK SUBJECT: BOSNIA - HIGHREP PONDERS BONN POWERS ANNULMENT OF RS CONCLUSIONS ON "COMPETENCY TRANSFERS" REF: A. SARAJEVO 610 ¶B. SARAJEVO 566 Classified By: Ambassador Charles English. Reasons 1.4(b) and (d). ¶1. (U) This is an action request. See paragraph xxxx below. HighRep Concern Over RS Challenge to "Competency Transfers" -------------- -------------- ¶2. (C) At the May 22 meeting of the Steering Board Ambassadors (SBA),HighRep Inzko reiterated concerns he first expressed last week about the May 14 Republika Srpska National Assembly (RSNA) conclusions on "competency transfers" (Ref A). Inzko noted that the RSNA has formally adopted a position that clearly undermines the system of division of responsibilities between the state and the entities as established by Bosnia's Constitution (Annex IV of the Dayton Peace Agreement). The conclusions, along with the RS Government's "Information on the Effects of the Transfer of Constitutional Responsibilities from the RS to the Institutions of BiH," - a document prepared by the Dodik government and also adopted by the RSNA on May 14 - ignore the fact that many of the allegedly unconstitutional competency "transfers" are expressly listed as state competencies in Dayton or have been recognized as such by Bosnia's Constitutional Court. ¶3. (C) The HighRep characterized the RSNA's conclusions a direct challenge to the Steering Board and the High Representative (Note: Among other things, the conclusions "demanded" that the HighRep renounce the Bonn Powers and reverse previous decisions removing individuals from public office. End Note). The HighRep noted that the PIC had made clear that further challenges to the state and attempts to roll back previous reforms were unacceptable, and OHR lawyers underscored to the SBA that the conclusions constituted legally binding instructions to RS officials, including "RS representatives" in state-level bodies, to reverse to so-called "unconstitutional competency transfers." Finally, Inzko argued that the impact of the conclusions is particularly problematic when it comes to further progress for Bosnia towards NATO and the EU, because they will complicate the adoption of state-level laws required for both accession processes. Steering Board Ambassadors Express Concern (Except Russia) -------------- -------------- ¶4. (C) The Ambassador and the UK, German, Turkish, and Japanese Ambassadors all echoed the HighRep's concerns highlighting that the RSNA conclusions raised fundamental questions about the commitment of the RS to respect and uphold the Dayton Peace Agreement. The EC, French, and Italian Ambassadors criticized the RSNA conclusions, but focused their concern on the implications for the EU accession process. They noted that EU accession would require additional competency transfers to the state, yet the RS was now proposing a roll back of previous reforms based on deliberately misleading assertions about previous "competency transfers." The Russian Ambassador suggested that the RSNA conclusions amounted to nothing more than rhetoric and called on OHR to provide a "profound legal analysis" clearing establishing its arguments. (Note: OHR has already provided its assessment of the RS-alleged competency transfers to the SBA and agreed to re-circulate it along with additional material. End Note) Comment and Action Request -------------- ¶5. (C) During discussion of the RSNA conclusions, several Ambassadors urged the HighRep to take a decisive stance against this new RS policy, including to consider using his Bonn Powers to annul the RSNA conclusions. They stressed that if the international community failed to address the problem created by the RSNA conclusions now, it would likely create complications down the line, including for transition from OHR to EUSR. The SBA agreed to discuss options next week, including possible use of Bonn Powers. As we reported previously, in essence the RSNA has declared much of the post-Dayton Bosnian state illegal, and taken at face value, the RS Government's analysis and the RSNA conclusions are a SARAJEVO 00000631 002 OF 002 demand to reduce the competencies of the state to pre-Dayton levels, and to restore the RS of 1995. By definition this is fundamentally at odds with Dayton. As Vice President Biden noted in his speech, the international community cannot transition its presence in Bosnia until it is clear that all levels of government are prepared to fully comply with Dayton and that their leaders are prepared to abandon rhetoric and actions that would threaten Dayton. With this in mind, we recommend strongly endorsing and pressing for the HighRep to use his Bonn Powers to annul the RSNA conclusions. ENGLISH