Identifier
Created
Classification
Origin
09USUNNEWYORK1072
2009-11-25 19:59:00
UNCLASSIFIED
USUN New York
Cable title:  

BOSNIA AND HERZEGOVINA: SECURITY COUNCIL DEBATES

Tags:  PREL PGOV PHUM UNSC BK 
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OO RUEHIK
DE RUCNDT #1072/01 3291959
ZNR UUUUU ZZH
O 251959Z NOV 09 ZDK
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7707
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
UNCLAS SECTION 01 OF 03 USUN NEW YORK 001072 

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PHUM UNSC BK
SUBJECT: BOSNIA AND HERZEGOVINA: SECURITY COUNCIL DEBATES
HIGH REP INZKO'S REPORT

USUN NEW Y 00001072 001.2 OF 003


UNCLAS SECTION 01 OF 03 USUN NEW YORK 001072

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PHUM UNSC BK
SUBJECT: BOSNIA AND HERZEGOVINA: SECURITY COUNCIL DEBATES
HIGH REP INZKO'S REPORT

USUN NEW Y 00001072 001.2 OF 003



1. SUMMARY. Bosnia and Herzegovina (BiH) High Representative
Valentin Inzko told the Security Council that BiH had made
very limited progress in its effort to complete the agenda
necessary for the closure of the Office of the High
Representative (OHR),citing actions by Republika Srpska that
undermined the state and the lack of attention by all state
authorities to Bosnia's "existential crisis." Inzko
suggested that "the time may have come" to separate the
positions of High Representative and EU Special
Representative. BiH Prime Minister Spiric warned against
conflating the reforms necessary for closure of OHR with
reforms necessary for EU and NATO integration. Russia took
issue with the negative tone of Inzko's report and called for
a date to be set for OHR closure as soon as the remaining
conditions had been met. All other Council members offered
support for the High Representative and for the EU-U.S.
initiative to assist political leaders to reach agreement on
a package of reforms that would be necessary for EU and NATO
integration. Some Council members, including Burkina Faso,
China, Libya, the U.K. and Uganda, specifically cited actions
of Republika Srpska that were blocking progress. END SUMMARY.

High Representative Inzko Strongly Criticizes Republika Srpska
-------------- --------------

2. Bosnia and Herzegovina High (BiH) Representative Valentin
Inzko told the Security Council during a November 23 briefing
and debate, that "a series of obstacles, delays and failures"
had contributed to very limited progress toward BiH's
Euro-Atlantic integration and closure of the Office of the
High Representative (OHR). Inzko said the lack of progress
was the consequence of political differences and
obstructionism, mainly on the part of Republika Srpska (RS)
authorities, and that "twin confusions" had contributed to
the unresolved political issues. Firstly, he said Republika
Srpska's leadership had "failed to grasp" that state and
entities authorities had separate and clearly defined
mandates-- RS had engaged in a "consistent pattern" of
criticizing state-level institutions, while simultaneously
undermining those same institutions. Secondly, Inzko said,

the political establishment in both entities had ignored an
"existential crisis" in BiH that was caused by the world
recession and lack of fiscal coordination. Inzko said he
"could not turn a blind eye" to the problems in BiH, but
hoped that his next report in six months would be able to
present a more upbeat message.


3. Inzko said that due to lack of progress on the five
objectives and two conditions set by the Peace Implementation
Council (PIC),a date for closure of OHR had not been set by
the PIC at its November 18-19 Steering Board meeting.
Referring to his concurrent position as EU Special
Representative (EUSR),Inzko said that circumstances in BiH
were "fundamentally different" now than when the decision was
made to have one person double-hatted for both roles, and
suggested that the "time may have come" to consider having
the EUSR and High Representative positions be held by two
different persons. He said he had scaled back the use of his
"Bonn Powers" executive authority, during his tenure in order
to give more space to political actors in BiH. He pointed
out that the Bonn powers had been used 900 times during the
previous 14 years, that 180 politicians had been removed from
their positions, including three state presidents, and that
"Lord Ashdown once invoked them 60 times in one day." Inzko
said that the Bonn Powers were a tool of the past, and that
he did not like to use them, but, "when it comes down to it
and there is no choice, I have to use them."

BiH Takes Issue With Inzko Assessment, Serbia and Croatia
Support BiH and OHR
-------------- --------------


4. Responding to Inzko's report and briefing, Chairman of the
Council of Ministers of Bosnia and Herzegovina Nikola Spiric
suggested that Inzko was "seeking the culprit, but not the
solution." He defended Republika Srpska as "generally
recognized to be more functional and efficient than the
Federation." On constitutional reform, Spiric thanked the EU
and U.S. for their efforts to assist and agreed on the
necessity to reform the constitution, but he cautioned
against allowing the 5 2 agenda for closure of OHR to turn
into a "5 2 1 agenda." Constitutional reform needed to be
the result of "internal dialogue and compromise, based on the
Dayton Accords," he said, and should not be imposed from
elsewhere. The process, he said should be "evolutionary",
rather than "revolutionary", adding that whenever the
principle of "all or nothing" had been applied, BiH had ended
up with "nothing."


5. Croatian Permrep Vilovic expressed concern about
challenges to the authority of the High Representative, as
well as the "nationalist, anti-Dayton, rhetoric challenging

USUN NEW Y 00001072 002.2 OF 003


the constitutional order of BiH," which had been cited by the
High Representative in his report. Vilovic said Croats were
the "smallest and most vulnerable" population of all of BiH's
constituent peoples, and any reform effort needed to ensure
that all three constituent peoples would feel that BiH was
"their" country. Vilovic pledged Croatian support for the
Butmir process, and reiterated Croatia's support for the
integration of all the countries of Southeastern Europe into
Euro-Atlantic structures. He urged that conditions be put in
place to facilitate the return of the 120,000 refugees and
IDPs from the 1995 wars.


6. Serbia, participating in the debate as a guarantor of the
Peace Agreement, said it would support any constitutional
reforms agreed upon by both BiH entities and the three
constituent peoples. Serbia also expressed its support for
the PIC and OHR, and said it would support any consensus
reached by the PIC on the modalities for the closure of OHR.
Serbia also reiterated its support for Bosnia's Euro-Atlantic
integration.

Russia Criticizes "Tone" of Inzko's Report
--------------


7. Russian Permrep Churkin said he could not agree with the
"fundamental tone" of High Representative Inzko's report.
The report, he said, gave the impression that there was a
growing potential for conflict in BiH, but quarterly
reporting from the Security Council-authorized EUFOR mission
had consistently portrayed the situation in BiH as stable.
Churkin said BiH's internal political debate had taken place
within the bounds of the constitutional framework, and was
therefore not inappropriate. Inzko's use of the Bonn Powers
undermined the inter-ethnic dialogue, according to Churkin,
and therefore OHR powers should reflect the consensus of the
PIC Steering Board. He hoped that the two outstanding
conditions for OHR closure-- resolution of the control of
state property and defense property-- could be resolved by
the end of the year, which should lead to a specific date for
OHR closure. He agreed that EU integration for BiH was
important, but said that linking OHR to constitutional reform
would lead to an impasse in the political process.

U.S., EU Members Support OHR
--------------


8. European members of the Security Council offered strong
support for the Office of the High Representative, and
offered generally muted criticism of Republika Srpska's
actions. French Deputy Permrep de Riviere lamented the lack
of progress on fulfilling the 5 2 agenda, and urged the
political leaders to reach a compromise on outstanding
issues. Turkish Permrep Apakan said he "could not help, but
agree" with Inzko's analysis of the situation in BiH, and
urged political leaders to look beyond their narrow ethnic
interests. Apakan supported the High Representative in
making decisions "as he sees fit." He offered his support
for the Butmir process, and said the success of
constitutional reform would lead to a better political
climate in which to pursue other reforms. Austrian Permrep
Mayr-Harting said he shared Inzko's view of the prevailing
political climate, but emphasized OHR's closure would be
"crucial" for BiH's progress toward European integration.
Mayr-Harting said Austria would maintain its force levels in
the 2000-person strong EUFOR mission. U.K. Permrep Grant
criticized the nationalist rhetoric of Republika Srpska, and
offered the U.K.'s full support to the High Representative.
Grant also urged BiH leaders to seize the opportunity of the
Butmir process, since another opportunity would be unlikely
to occur for some time.


9. Swedish Permrep Liden, speaking on behalf of the EU, said
the U.S.-EU sponsored Butmir dialogue aimed to address two
main elements needed by BiH to advance in its Euro-Atlantic
integration: firstly, the proposals offered by the U.S. and
EU at Butmir sought to achieve progress necessary for
fulfillment of the 5 2 agenda for OHR closure, and secondly
they would alter the constitution in a way that would allow
BiH to meet the obligations of the EU integration process.


10. Ambassador DiCarlo offered strong U.S. support for BiH
efforts to complete reforms necessary for the closure of OHR
and for further integration into the EU and NATO. DiCarlo
said the Butmir effort was being conducted in the spirit of
helping BiH achieve its own aspirations. She expressed
concern in the report that BiH had made very limited progress
toward completing the 5 2 agenda, for the dangerous increase
in nationalist political rhetoric, for inaction on extending
the mandates of international judges and prosecutors and lack
of support for the High Representative.


USUN NEW Y 00001072 003.2 OF 003


Republika Srpska Singled Out
--------------


11. All other Council members offered their support for
continuing the Office of the High Representative and for the
EU-U.S. effort to assist BiH leaders achieve the
constitutional reforms required for EU and NATO integration.
Many of the Security Council members chose not to single out
any one entity or party as being responsible for BiH's lack
of progress, but Burkina Faso, China, Libya, the United
Kingdom and Uganda all specifically cited the High
Representative's assessment that Republika Srpska was largely
responsible for the lack of progress. Burkina Faso said that
Republika Srpska's "constant challenges" to the sovereignty,
territorial integrity and constitutional order of BiH,
presented a "serious obstacle" to reform and to efforts
toward peace in the spirit of Dayton. China noted that RS
"often challenges" the authority of the state. Libya said
that "one party's challenge to and defiance of state
authority" and "attempts to reduce the state's powers"
constituted a "failure to meet its obligations."
RICE