CROATIA-SLOVENIA BORDER DISPUTE: CROATIAN VIEWS

C O N F I D E N T I A L ZAGREB 000175 SIPDIS E.O. 12958: DECL: 03/31/2019 TAGS: PREL PGOV HR NATO EU SUBJECT: CROATIA-SLOVENIA BORDER DISPUTE: CROATIAN VIEWS ON LATEST REHN PROPOSAL Classified By: Ambassador Robert A. Bradtke for reasons 1.4 (b) and (d) ¶1. (C) Summary. In a March 30 conversation, Croatian Prime Minister Sanader told the Ambassador that Croatia would continue to insist that the final arbitration of the disputed border with Slovenia could only be done by an international court. All other outstanding issues, including the right of passage, could be mediated in the process proposed by EC Commissioner for Enlargement Rehn. Sanader believes that he has the backing of key EU member states for his position. The EC Rep in Zagreb, however, maintains that the Rehn proposal is "the only game in town," and that the Croatians need to respond positively to it. End Summary. ¶2. (C) After several rounds of meetings between the Croatian and Slovene Foreign Ministers and EC Commissioner for Enlargement Ollie Rehn, Croatian Prime Minister Sanader told the Ambassador March 30 that the Croatian position remains essentially unchanged. Croatia continues to insist that only an international court, preferably the International Court of Justice, can do the final arbitration on the disputed Croatian-Slovene border. Croatia would, however, be prepared to accept mediation of all other issues relating to the border and the Bay of Piran, including guaranteeing Slovenia the right of passage through Croatian waters to the international waters, provided that Slovenia lifted its blockade of the Croatian accession talks with the EU. ¶3. (C) Saying that he was speaking in strict confidence, Sanader maintained that Rehn's efforts did not have the support of a number of key member states. According to Sanader, French Minister for Europe LeMaire, who visited Zagreb last week, advanced a proposal for splitting the border dispute from the "regime" for dealing with issues such as transit and fisheries in the Bay of Piran. The French were also in favor of expanding the trilateral Rehn meetings with the Slovene and Croatian Foreign Ministers to include representatives of the EU Troika, France, the Czech Republic, and Sweden. Sanader said that French President Sarkozy was prepared to engage more actively in resolving the dispute. ¶4. (C) As further evidence for his view on the lack of EU member support for the Rehn proposal, Sanader cited statements made following the EU foreign ministers' meeting on March 27. Austrian Foreign Minister Spindelegger, he noted, had supported publicly the idea of separating the legal determination of the border from other issues, and other Ministers, including Swedish Foreign Minister Bildt and UK Foreign Minister Miliband had said that bilateral issues should not be used to block the process of integration. Sanader also claimed that in his recent conversations with leaders of the European Peoples Parties, they had encouraged him to hold out against the current version of the Rehn proposal because of their own concerns about using a "political process" to draw international borders. As an example, he referred to the comments of Romanian President Basescu, who voiced concern that the Rehn proposal ran contrary to the use of the ICJ to arbitrate in the recent border dispute with Ukraine. The Prime Minister concluded that despite its opposition to the Rehn proposal as it now stands, Croatia would continue to engage with Rehn. ¶5. (C) While acknowledging that some member states have their own ideas on how to resolve the Croatian-Slovene dispute, EC Commission Representative in Zagreb Vincent Degert told the Ambassador the same day that EU member states back the Rehn proposal. The proposal, he said, had moved somewhat in the direction of the Croatian position by strengthening language on the need for the dispute to be settled in the framework of international law. The Rehn proposal, however, remained the "only game in town," and Croatia needed to take a more positive attitude towards it. Echoing this point, the Czech Ambassador here stressed that there was growing frustration within the EU directed at both Slovenia and Croatia, but that the consequences would be greater for Croatia, since Slovenia could use its position as an EU member. ¶6. (C) COMMENT: The disconnect between the views of the EC Rep and Sanader on the way ahead will likely mean that the border issue will continue to defy a quick solution. While the GoC will want to be seen as cooperating with the Rehn process, Zagreb's belief key European players will eventually support settlement of the border issue by an international court means that it will likely play for time to press its proposals. BRADTKE