This record is a partial extract of the original cable. The full text of the original cable is not available.

C O N F I D E N T I A L SECTION 01 OF 05 ZAGREB 000350 
 
SIPDIS 
 
 
VIENNA ALSO FOR BOSNIA 
 
USVIENNA FOR USDEL OSCE 
 
E.O. 12356: DECL: OADR 
TAGS: 
SUBJECT:  GOC DRAFT "POLITICAL SOLUTION FOR A PEACEFUL AND 
          DEMOCRATIC REINTEGRATION" OF THE UNPAS 
 
REF: (A) ZAGREB 320; (B) ZAGREB 298 (NOTAL) 
 
¶1.  CONFIDENTIAL - ENTIRE TEXT. 
 
¶2.  DURING A JANUARY 24 CONVERSATION WITH THE AMBASSADOR 
(REF A), FOREIGN MINISTER GRANIC HANDED OVER A GOC DRAFT 
PROPOSAL (IN ENGLISH) OF "THE JURIDICAL AND POLITICAL 
SOLUTION FOR A PEACEFUL AND DEMOCRATIC REINTEGRATION OF 
THE TEMPORARILY OCCUPIED PARTS OF THE REPUBLIC OF CROATIA 
(UNPAS) INTO THE CROATIAN CONSTITUTIONAL AND JURIDICAL 
SYSTEM" (FULL TEXT OF PROPOSAL IN PARA 6).  GRANIC 
EXPLAINED THAT THIS WAS THE PAPER PROMISED BY PRESIDENT 
TUDJMAN IN HIS MEETING WITH DOD U/S SLOCOMBE (REF B).  THE 
GOC PROPOSAL, DRAFTED AS A COUNTERPOINT TO THE Z-4 PLAN, 
REPRESENTS THE STRICT CONSTITUTIONALIST LINE STRONGLY 
PREFERRED BY THE PRESIDENT.  THIS POSITION, SIMPLY PUT, IS 
THAT "NO POLITICAL SOLUTION SHOULD OFFER THE KRAJINA SERBS 
MORE THAN IS CURRENTLY AVAILABLE UNDER THE CROATIAN 
CONSTITUTION AND LAWS IN COMBINATION WITH PRESIDENT 
TUDJMAN'S NOVEMBER 1993 PEACE INTIATIVE." 
- 
¶3.  THIS NEWEST PROPOSAL IS THEREFORE BASICALLY A RE- 
WORKED VERSION OF PREVIOUS STATEMENTS, ADOPTING SOME OF 
THE LANGUAGE FROM THE Z-4 PLAN, PARTICULARLY ON HUMAN 
RIGHTS GUARANTEES, WITH LANGUAGE AND CULTURAL RIGHTS 
GUARANTEED.  BUT THE PROPOSAL STRICTLY AVOIDS ANY 
MEANINGFUL POWER-SHARING ARRANGEMENTS WHICH WOULD PERMIT 
SIGNIFICANT AUTONOMY FOR THE SERB-MAJORITY AREAS. 
                       CONFIDENTIAL 

 
 
 
 
 
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PAGE 03        ZAGREB  00350  01 OF 05  251832Z 
 
¶4.  INSTEAD, THE GOC PROPOSAL WOULD FORM A NEW COUNTY 
(ZUPANIJA) FROM THE DISTRICTS AROUND GLINA (SECTOR NORTH) 
AND KNIN (SECTOR SOUTH).  THIS ZUPANIJA WOULD BE ENTITLED 
TO THE SAME POWERS OF ANY OTHER CROATIAN ZUPANIJA UNDER 
THE CURRENT LAW ON LOCAL SELF-GOVERNMENT, WHICH UNDER 
CROATIA'S HEAVILY CENTRALIZED FORM OF GOVERNMENT MEANS 
ESSENTIALLY ONLY ADMINISTRATIVE POWERS OF A VERY LOCAL 
NATURE.  THE COUNTY PREFECT  (ZUPAN) WOULD BE, AS IN OTHER 
CROATIAN ZUPANIJA, APPOINTED BY PRESIDENT TUDJMAN.  THE 
GOC PROPOSAL WOULD THEN GRANT LIMITED ADDITIONAL POWERS TO 
THE NEW ZUPANIJA (LISTED IN SECTION II.7 OF THE TEXT 
BELOW) SUCH AS LAND USE PLANNING; COORDINATION OF 
EDUCATIONAL, HEALTH, WELFARE AND INFRASTRUCTURAL NETWORKS; 
AND "COORDINATION OF ALL MATTERS...ESSENTIAL FOR THE 
REALIZATION OF THE NATIONAL RIGHTS AND CULTURAL AUTONOMY 
OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY." 
 
¶5.  COMMENT:  THE GOC SEES ITSELF NEGOTIATING FROM A 
POSITION OF STRENGTH.  NONETHELESS, WE BELIEVE TUDJMAN IS 
WILLING TO OFFER SUBSTANTIAL AUTONOMY TO THE SERBS IN 
EXCHANGE FOR CROATIAN SOVEREIGNTY OVER ALL ITS TERRITORY. 
THIS PROPOSAL MAY BE MERELY A HARD LINE OPENING GAMBIT AND 
DOUBTLESS REFLECTS ACUTE GOC CONCERN OVER THE CONTENT OF 
THE Z-4 PLAN.  IF THE GOC CONSENTED TO NEGOTIATE WITH THE 
KRAJINA SERBS, ON THE BASIS OF THE Z-4 PLAN OR ON ANY 
OTHER BASIS, THEY WOULD MOST CERTAINLY PUSH TO HAVE ANY 
EVENTUAL SETTLEMENT LOOK AS MUCH AS POSSIBLE LIKE THIS 
NEWEST PAPER.  FOR THEIR PART, THE KRAJINA SERBS, WHO FIND 
(WHAT THEY KNOW OF) THE Z-4 PLAN TO BE A NON-STARTER, WILL 
ONLY BE FURTHER ALIENATED BY THIS CROATIAN POSITION.  END 
                       CONFIDENTIAL 

 
 
 
 
 
                           CONFIDENTIAL 
 
PAGE 04        ZAGREB  00350  01 OF 05  251832Z 
COMMENT. 
 
¶6.  (BEGIN TEXT OF GOC PROPOSAL) 
 
DRAFT PROPOSAL OF THE JURIDICAL AND POLITICAL SOLUTION FOR 
A PEACEFUL AND DEMOCRATIC REINTEGRATION OF THE TEMPORARILY 
OCCUPIED PARTS OF THE REPUBLIC OF CROATIA (UNPAS) INTO THE 
CROATIAN CONSTITUTIONAL AND JURIDICAL SYSTEM 
PROCEEDING FROM THE CONSTITUTION OF THE REPUBLIC OF 
CROATIA, THE CONSTITUTIONAL LAW ON HUMAN RIGHTS AND THE 
RIGHTS OF ETHNIC AND NATIONAL COMMUNITIES OR MINORITIES 
(HEREINAFTER REFER 
RED TO AS: THE CONSTITUTIONAL LAW), AND 
THE PEACE INITIATIVE OF THE PRESIDENT OF THE REPUBLIC DR. 
FRANJO TUDJMAN, WHICH ESTABLISH AND GUARANTEE -- IN 
ACCORDANCE WITH THE HIGHEST STANDARDS OF INTERNATIONAL LAW 
AND THE CONSTITUTIONAL LAW OF DEVELOPED DEMOCRATIC 
COUNTRIES -- HUMAN RIGHTS AND FREEDOMS, AND THE INDIVIDUAL 
AND COLLECTIVE RIGHTS OF MINORITY ETHNIC COMMUNITIES, WE 
HEREBY SUBMIT THE FOLLOWING PROPOSAL OF THE JURIDICAL AND 
POLITICAL SOLUTION FOR A PEACEFUL AND DEMOCRATIC 
REINTEGRATION OF THE TEMPORARILY OCCUPIED PARTS OF THE 
REPUBLIC OF CROATIA (UNPAS) INTO THE CROATIAN 
 
 
 
 
 
 
 
 
                       CONFIDENTIAL 
 
 
 
 
 
 
 
 
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PAGE 01        ZAGREB  00350  02 OF 05  251832Z 
ACTION EUR-01 
 
INFO  LOG-00   AID-01   CIAE-00  SMEC-00  OASY-00  DODE-00  DOEE-00 
      FBIE-00  H-01     INM-02   TEDE-00  INR-00   IO-14    LAB-01 
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      PRMC-01  DRL-09   G-00       /038W 
                  ------------------9F45D0  251833Z /38 
P 251816Z JAN 95 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 4604 
INFO AMEMBASSY VIENNA 
USMISSION USUN NEW YORK 
USMISSION USVIENNA 
AMEMBASSY PARIS 
AMEMBASSY MOSCOW 
AMEMBASSY BONN 
AMEMBASSY LONDON 
AMEMBASSY BELGRADE 
 
C O N F I D E N T I A L SECTION 02 OF 05 ZAGREB 000350 
 
SIPDIS 
 
 
VIENNA ALSO FOR BOSNIA 
 
USVIENNA FOR USDEL OSCE 
 
E.O. 12356: DECL: OADR 
TAGS: 
                       CONFIDENTIAL 

 
 
 
 
 
                           CONFIDENTIAL 
 
PAGE 02        ZAGREB  00350  02 OF 05  251832Z 
SUBJECT:  GOC DRAFT "POLITICAL SOLUTION FOR A PEACEFUL AND 
          DEMOCRATIC REINTEGRATION" OF THE UNPAS 
 
CONSTITUTIONAL AND JURIDICAL SYSTEM. 
 
¶I.  HUMAN RIGHTS AND FREEDOMS, INDIVIDUAL AND COLLECTIVE 
RIGHTS OF THE MEMBERS OF THE SERBIAN ETHNIC COMMUNITY OR 
MINORITY 
 
I.L  THROUGHOUT THE TERRITORY OF THE REPUBLIC OF CROATIA 
THERE SHALL BE GUARANTEED THE ENFORCEMENT AND THE 
SAFEGUARDING OF THE HIGHEST DEGREE OF INTERNATIONALLY 
RECOGNIZED HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 
PRESCRIBED BY THE CONSTITUTION OF THE REPUBLIC OF CROATIA 
(SECTION III, ARTICLES 14-69), THE CONSTITUTIONAL LAW 
(SECTION II, ARTICLES 2-4), AND BY THE FOLLOWING 
INTERNATIONAL LEGAL AND POLITICAL INSTRUMENTS: THE 1948 
CONVENTION ON THE PREVENTION AND PROSECUTION OF THE CRIME 
OF GENOCIDE; THE 1948 GENERAL CONVENTION ON HUMAN RIGHTS; 
THE 1949 GENEVA CONVENTIONS I-IV ON THE PROTECTION OF THE 
VICTIMS OF WAR, AND THE RESPECTIVE 1977 GENEVA PROTOCOLS 
I-II; THE 1950 EUROPEAN CONVENTION ON THE PROTECTION OF 
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, AND THE RESPECTIVE 
PROTOCOLS; THE 1955 CONVENTION ON THE STATUS OF REFUGEES 
AND THE RESPECTIVE 1966 PROTOCOL; THE 1957 CONVENTION ON 
THE NATIONALITY OF MARRIED WOMEN; THE 1961 EUROPEAN SOCIAL 
CHARTER, AND THE RESPECTIVE PROTOCOLS; THE 1965 
INTERNATIONAL CONVENTION ON THE PREVENTION OF ALL FORMS OF 
RACIAL DISCRIMINATION, AND THE RESPECTIVE 1966 AND 1989 
OPTIONAL PROTOCOLS; THE INTERNATIONAL COVENANT ON 
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS; THE 1979 
                       CONFIDENTIAL 

 
 
 
 
 
                           CONFIDENTIAL 
 
PAGE 03        ZAGREB  00350  02 OF 05  251832Z 
INTERNATIONAL CONVENTION ON THE PREVENTION OF ALL FORMS OF 
DISCRIMINATION AGAINST WOMEN; THE 1981 DECLARATION ON THE 
PREVENTION OF ALL FORMS OF INTOLERANCE AND DISCRIMINATION 
BASED ON FAITH OR CONVICTION; THE 1984 CONVENTION AGAINST 
TORTURE AND OTHER CRUEL, INHUMAN, AND HUMILIATING ACTS OR 
PUNISHMENT; THE 1987 EUROPEAN CONVENTION ON THE PREVENTION 
OF TORTURE AND OTHER CRUEL, INHUMAN, AND HUMILIATING ACTS 
OR PUNISHMENT; THE 1989 CONVENTION ON THE RIGHTS OF THE 
CHILD; THE 1990 CONVENTION ON THE RIGHTS OF MIGRANT 
WORKERS AND MEMBERS OF THEIR FAMILIES; THE DOCUMENT OF THE 
COPENHAGEN MEETING OF THE CONFERENCE ON THE HUMAN 
DIMENSION OF CSCE, PART IV, 1990; THE 1990 RECOMMENDATION 
OF THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE ON 
THE RIGHTS OF MINORITIES, ARTICLES 10-13; THE 1992 
DECLARATION ON THE RIGHTS OF PERSONS BELONGING TO 
NATIONAL, ETHNIC, RELIGIOUS, AND LINGUISTIC MINORITIES; 
THE 1992 CHARTER ON REGIONAL AND MINORITY LANGUAGES; AND 
THE 1994 EUROPEAN GENERAL CONVENTION ON THE PROTECTION OF 
NATIONAL MINORITIES. 
 
I.2  ALL DISPLACED PERSONS AND REFUGEES SHALL BE ENTITLED 
TO FREELY RETURN TO THEIR HOMES. 
 
I.3  ALL PERSONS WHOSE PROPERTY HAS BEEN SEIZED DURING 
ETHNIC CLEANSING OR BY OTHER UNLAWFUL ACTS SHALL BE 
ENTITLED TO THE RETURN OF THEIR PROPERTY OR, IF SUCH 
PROPERTY CANNOT BE RETURNED, TO COMPENSATION. 
 
ALL STATEMENTS MADE UNDER DURESS, AND ESPECIALLY WAIVERS 
OF PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS TO LAND OR 
OTHER PROPERTY, SHALL BE CONSIDERED NULL AND VOID. 
                       CONFIDENTIAL 

 
 
 
 
 
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PAGE 04        ZAGREB  00350  02 OF 05  251832Z 
 
I.4  THROUGHOUT THE TERRITORY OF THE REPUBLIC OF CROATIA 
MEMBERS OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY SHALL 
BE GUARANTEED EQUALITY WITH CITIZENS OF CROATIAN 
NATIONALITY. 
 
I.5  THROUGHOUT THE TERRITORY OF THE REPUBLIC OF CROATIA 
MEMBERS OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY SHALL 
BE GUARANTEED THE FREE EXPRESSION OF THEIR ETHNIC 
BELONGING, THE FREE USE OF THE SERBIAN LANGUAGE AND THE 
CYRILLIC SCRIPT, AND CULTURAL AUTONOMY THE SUBSTANCE AND 
SCOPE OF WHICH HAVE BEE 
N LAID DOWN IN ARTICLE 15 OF THE 
CONSTITUTION OF THE REPUBLIC OF CROATIA, AND IN SECTION 
II, ARTICLES 5-17, OF THE CONSTITUTIONAL LAW. 
 
I.6  MEMBERS OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY 
SHALL BE GUARANTEED THE RIGHT TO REPRESENTATION, IN 
PROPORTION TO THEIR SHARE IN THE TOTAL POPULATION OF THE 
REPUBLIC OF CROATIA, IN THE PARLIAMENT (SABOR) OF THE 
REPUBLIC OF CROATIA, THE GOVERNMENT OF THE REPUBLIC OF 
CROATIA, THE CONSTITUTIONAL COURT OF THE REPUBLIC OF 
CROATIA, AND THE SUPREME COURT OF THE REPUBLIC OF CROATIA, 
 
 
 
 
 
 
 
 
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PAGE 01        ZAGREB  00350  03 OF 05  251832Z 
ACTION EUR-01 
 
INFO  LOG-00   AID-01   CIAE-00  SMEC-00  OASY-00  DODE-00  DOEE-00 
      FBIE-00  H-01     INM-02   TEDE-00  INR-00   IO-14    LAB-01 
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      PA-01    PM-00    PRS-01   P-01     SB-00    SCT-00   SP-00 
      SS-00    TRSE-00  T-00     USIE-00  SNIS-00  NISC-01  PMB-00 
      PRMC-01  DRL-09   G-00       /038W 
                  ------------------9F45D4  251834Z /38 
P 251816Z JAN 95 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 4605 
INFO AMEMBASSY VIENNA 
USMISSION USUN NEW YORK 
USMISSION USVIENNA 
AMEMBASSY PARIS 
AMEMBASSY MOSCOW 
AMEMBASSY BONN 
AMEMBASSY LONDON 
AMEMBASSY BELGRADE 
 
C O N F I D E N T I A L SECTION 03 OF 05 ZAGREB 000350 
 
SIPDIS 
 
 
VIENNA ALSO FOR BOSNIA 
 
USVIENNA FOR USDEL OSCE 
 
E.O. 12356: DECL: OADR 
TAGS: 
                       CONFIDENTIAL 

 
 
 
 
 
                           CONFIDENTIAL 
 
PAGE 02        ZAGREB  00350  03 OF 05  251832Z 
SUBJECT:  GOC DRAFT "POLITICAL SOLUTION FOR A PEACEFUL AND 
          DEMOCRATIC REINTEGRATION" OF THE UNPAS 
 
AS PROVIDED FOR BY ARTICLE 18 PARAGRAPH 1 OF THE 
CONSTITUTIONAL LAW. 
 
I.7  MEMBERS OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY 
SHALL BE GUARANTEED REPRESENTATION IN OTHER BODIES OF 
STATE AUTHORITY OF THE REPUBLIC OF CROATIA, AS PROVIDED 
FOR BY ARTICLE 18 PARAGRAPH 5 OF THE CONSTITUTIONAL LAW. 
 
I.8  MEMBERS OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY 
SHALL BE GUARANTEED REPRESENTATION IN BODIES OF LOCAL 
SELF-GOVERNMENT AND ADMINISTRATION (MUNICIPAL AND CITY 
COUNCILS, AND COUNTY ASSEMBLIES) IN PROPORTION TO THEIR 
SHARE IN THE TOTAL POPULATION OF THE GIVEN UNIT OF LOCAL 
SELF GOVERNMENT AND ADMINISTRATION, AS PROVIDED FOR BY 
ARTICLE 19 OF THE CONSTITUTIONAL LAW. 
 
I.9  THE REPUBLIC OF CROATIA WILL AGREE WITH THE COUNCIL 
OF EUROPE THE ESTABLISHMENT OF THE CROATIAN COURT FOR 
HUMAN RIGHTS. 
 
THE CROATIAN COURT FOR HUMAN RIGHTS WILL BE ESTABLISHED 
AND WILL OPERATE IN ACCORDANCE WITH RESOLUTION 93 (6) OF 
THE MINISTERIAL COUNCIL OF THE COUNCIL OF EUROPE. 
 
I.LO  THE CROATIAN COURT FOR HUMAN RIGHTS WILL CONSIST OF 
THE PRESIDENT AND FOUR JUDGES. 
 
TWO JUDGES WILL BE APPOINTED BY THE CONSTITUTIONAL COURT 
                       CONFIDENTIAL 

 
 
 
 
 
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PAGE 03        ZAGREB  00350  03 OF 05  251832Z 
OF THE REPUBLIC OF CROATIA, AND THE PRESIDENT AND TWO 
JUDGES BY THE MINISTERIAL COUNCIL OF THE COUNCIL OF 
EUROPE. 
 
I.LL  APPEALS TO THE CROATIAN COURT FOR HUMAN RIGHTS CAN 
BE PRESENTED BY ANY PERSON WHO BELIEVES THAT A DECISION OF 
A JUDICIARY, ADMINISTRATIVE, OR OTHER PUBLIC AUTHORITY HAS 
VIOLATED A HUMAN RIGHT OR FREEDOM GUARANTEED BY THE 1950 
EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND 
FUNDAMENTAL FREEDOMS, AND BY THE RESPECTIVE PROTOCOLS. 
 
IF THE CROATIAN LEGISLATION ALLOWS FOR OTHER LEGAL OPTIONS 
IN CASES INVOLVING VIOLATIONS OF HUMAN RIGHTS OR FREEDOMS, 
THE APPEAL CAN BE PRESENTED TO THE CROATIAN COURT FOR 
HUMAN RIGHTS AFTER THAT LEGAL OPTION HAS BEEN EXHAUSTED. 
 
NOTE: ARTICLES I.L, I.2, I.3 HAVE BEEN TAKEN OVER (SIC), 
WITH ONLY SLIGHT CHANGES, FROM THE SO-CALLED Z-4 PLAN, 
WHILE ARTICLES I.9, I.LO, AND I.LL HAVE BEEN TAKEN OVER 
FROM THE SO-CALLED Z-4 PLAN WITH GREATER AMENDMENTS. 
 
II.  LOCAL SELF-GOVERNMENT (AUTONOMY) IN THE AREA OF THE 
MUNICIPALITIES LISTED IN ARTICLE 22 OF THE CONSTITUTIONAL 
LAW (MUNICIPALITIES OF DVOR, GLINA, HRVATSKA KOSTAJNICA, 
VOJNIC, VRGINMOST, BENKOVAC, DONJI LAPAC, GRACAC, KNIN, 
OBROVAC, AND TITOVA KORENICA) IN WHICH THE MEMBERS OF THE 
SERBIAN ETHNIC COMMUNITY OR MINORITY CONSTITUTED THE 
MAJORITY OF THE POPULATION ACCORDING TO THE 1981 CENSUS. 
 
II.L  THE DISTRICT OF KNIN AND THE DISTRICT OF GLINA SHALL 
BE ESTABLISHED, HAVING A SPECIAL SELF-GOVERNMENT STATUS, 
                       CONFIDENTIAL 

 
 
 
 
 
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PAGE 04        ZAGREB  00350  03 OF 05  251832Z 
THEIR OWN SELF-GOVERNMENT SCOPE, AND INTERNAL 
ORGANIZATION, AS PROVIDED FOR BY SECTION V, ARTICLES 21-57 
OF THE CONSTITUTIONAL LAW. 
 
II.2  A NEW COUNTY (ZUPANIJA) SHALL BE ESTABLISHED -- 
ENTITLED ZUPANIJA (AUTONOMOUS REGION) OF KNIN-GLINA -- 
COMPRISING THE AREA OF THE SELF-GOVERNED DISTRICT OF KNIN 
AND THE SELF-GOVERNED DISTRICT OF GLINA, THE AREAS OF THE 
SAID DISTRICTS BEING PROVIDED FOR BY ARTICLE 22 OF THE 
CONSTITUTIONAL LAW.  NOTE:  THE ESTABLISHMENT OF THE 
ZUPANIJA OF KNIN-GLINA ASSUMES THE AMENDMENT OF ARTICLE 3 
OF THE LAW ON THE AREAS OF THE COUNTIES, CITIES, AND 
MUNICIPALITIES IN THE REPUBLIC OF CROATIA, SO THAT THE 
DISTRICT OF GLINA WILL BE SINGLED OUT FROM THE COUNTY OF 
SISAK-MOSLAVINA, AND AS THE DISTRICT OF KNIN FROM THE 
COUNTY OF ZADAR-KNIN. 
 
II.3  IN SELF-GOVERNMENT AND ADMINISTRATIVE TERMS, THE 
COUNTY (ZUPANIJA) OF KNIN-GLINA WILL BE ONE ENTITY, WHILE 
 
REGIONALLY IT WILL NOT BE A WHOLE, BECAUSE THE AREAS OF 
THE DISTRICTS OF KNIN AND GLINA, WHICH MAKE UP THE COUNTY, 
ARE REGIONALLY SEPARATED. 
 
 
 
 
 
 
 
 
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PAGE 01        ZAGREB  00350  04 OF 05  251833Z 
ACTION EUR-01 
 
INFO  LOG-00   AID-01   CIAE-00  SMEC-00  OASY-00  DODE-00  DOEE-00 
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      PRMC-01  DRL-09   G-00       /038W 
                  ------------------9F45D9  251834Z /38 
P 251816Z JAN 95 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 4606 
INFO AMEMBASSY VIENNA 
USMISSION USUN NEW YORK 
USMISSION USVIENNA 
AMEMBASSY PARIS 
AMEMBASSY MOSCOW 
AMEMBASSY BONN 
AMEMBASSY LONDON 
AMEMBASSY BELGRADE 
 
C O N F I D E N T I A L SECTION 04 OF 05 ZAGREB 000350 
 
SIPDIS 
 
 
VIENNA ALSO FOR BOSNIA 
 
USVIENNA FOR USDEL OSCE 
 
E.O. 12356: DECL: OADR 
TAGS: 
                       CONFIDENTIAL 

 
 
 
 
 
                           CONFIDENTIAL 
 
PAGE 02        ZAGREB  00350  04 OF 05  251833Z 
SUBJECT:  GOC DRAFT "POLITICAL SOLUTION FOR A PEACEFUL AND 
          DEMOCRATIC REINTEGRATION" OF THE UNPAS 
 
 
II.4  THE COUNTY OF KNIN-GLINA SHALL HAVE, PURSUANT TO THE 
RESPECTIVE PROVISIONS OF THE LAW ON LOCAL SELF-GOVERNMENT 
AND ADMINISTRATION, THE SAME SELF-GOVERNMENT BODIES AS ALL 
OTHER COUNTIES IN CROATIA.  THEY INCLUDE: THE COUNTY 
(REGIONAL) ASSEMBLY, THE COUNTY (REGIONAL) PREFECT, THE 
COUNTY (REGIONAL) ADMINISTRATION (REGIONAL EXECUTIVE 
COUNCIL), AND COUNTY (REGIONAL) ADMINISTRATIVE BODIES. 
 
II.5  THE AMENDMENTS TO THE LAW ON LOCAL SELF-GOVERNMENT 
AND ADMINISTRATION SHALL EXPRESSLY PROVIDE THAT, PURSUANT 
TO ARTICLE 23 OF THE CONSTITUTIONAL LAW, ALL SELF 
GOVERNMENT BODIES OF THE COUNTY OF KNIN-GLINA BE ELECTED 
AND/OR APPOINTED IN ACCORDANCE WITH THE PRINCIPLE OF 
PROPORTIONAL REPRESENTATION OF THE INHABITANTS IN RESPECT 
OF THEIR ETHNIC AND NATIONAL OR MINORITY BELONGING.  THIS 
PRINCIPLE SHALL ALSO BE APPLIED TO ALL PUBLIC INSTITUTIONS 
AND OTHER PUBLIC AUTHORITIES, INCLUDING THE LOCAL POLICE 
AND ITS OFFICERS AND MEMBERS. 
 
II.6  THE COUNTY OF KNIN-GLINA WILL HAVE THE SAME SELF- 
GOVERNMENT STATUS AND AUTHORITY AS OTHER COUNTIES IN THE 
REPUBLIC OF CROATIA; ADDITIONALLY, ITS SCOPE WILL INCLUDE 
THE COORDINATION OF ALL MATTERS WITHIN THE SPECIFIC SCOPE 
OF THE SELF-GOVERNED DISTRICTS OF KNIN AND GLINA ESSENTIAL 
FOR THE REALIZATION OF NATIONAL RIGHTS AND CULTURAL 
AUTONOMY OF THE SERBIAN ETHNIC COMMUNITY OR MINORITY. 
 
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PAGE 03        ZAGREB  00350  04 OF 05  251833Z 
II.7  THE SELF-GOVERNMENT SCOPE OF THE COUNTY OF KNIN- 
GLINA IS THE FOLLOWING: 
 
     ¶1.  COORDINATION OF INTERESTS, AND THE UNDERTAKING OF 
     ACTIVITIES FOCUSED ON THE BALANCED ECONOMIC AND 
     SOCIAL DEVELOPMENT OF THE MUNICIPALITIES, CITIES, AND 
     DISTRICTS WITHIN THE COUNTY AS A WHOLE; 
 
     ¶2.  COORDINATION OF THE POSITIONS OF THE 
     MUNICIPALITIES, CITIES, AND DISTRICTS ON MATTERS 
     DECIDED BY THE BODIES OF STATE AUTHORITY IN THE 
     REPUBLIC OF CROATIA, AND COORDINATION OF MATTERS OF 
     COMMON INTEREST DECIDED BY THE BODIES OF THE 
     MUNICIPALITIES AND CITIES WITHIN THE COUNTY; 
 
     ¶3.  DETERMINATION OF THE CONDITIONS OF LAND USE AND 
     ENVIRONMENTAL PROTECTION WITHIN THE COUNTY, UNLESS 
     DIFFERENTLY PROVIDED FOR BY LAW; 
 
     ¶4.  COORDINATION OF THE DEVELOPMENT AND NETWORK OF 
     EDUCATIONAL, CULTURAL, HEALTH, WELFARE, PUBLIC 
     UTILITY, AND OTHER INSTITUTIONS, AND INFRASTRUCTURAL 
     FACILITIES OF IMPORTANCE FOR THE AREA OF THE COUNTY 
     AS A WHOLE, UNLESS DIFFERENTLY PROVIDED FOR BY LAW; 
 
     ¶5.  COORDINATION OF ALL MATTERS WITHIN -- PURSUANT TO 
     ARTICLE 28 OF THE CONSTITUTIONAL LAW -- THE SPECIFIC 
     SCOPE OF DISTRICTS OF KNIN AND GLINA, AND ESSENTIAL 
     FOR THE REALIZATION OF THE NATIONAL RIGHTS AND 
     CULTURAL AUTONOMY OF THE SERBIAN ETHNIC COMMUNITY OR 
     MINORITY; 
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PAGE 04        ZAGREB  00350  04 OF 05  251833Z 
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     ¶6.  PERFORMANCE OF ACTIVITIES TRANSFERRED BY THE 
     MUNICIPALITIES, THE CITY, AND THE DISTRICT FROM THEIR 
     OWN SELF-GOVERNMENT SCOPE TO THE COUNTY; 
 
     ¶7.  FOUNDATION OF PUBLIC INSTITUTIONS AND OTHER 
     JURIDICAL PERSONS, PURSUANT TO THE LAW, FOR THE 
     ACHIEVEMENT OF THE COMMON GOALS OF THE 
     MUNICIPALITIES, THE CITIES, AND THE COUNTY AS A 
     WHOLE; 
 
     ¶8.  REGULATION OF OTHER MATTERS OF COMMON INTEREST 
     FOR THE MUNICIPALITIES, CITIES, AND THE COUNTY AS A 
     WHOLE. 
 
II.8  IN ADDITION TO THE PROVISIONS UNDER II.4 HEREOF, THE 
SELF-GOVERNMENT AND ADMINISTRATIVE BODIES OF THE COUNTY OF 
KNIN-GLINA (THE COUNTY ASSEMBLY, THE PREFECT, THE COUNTY 
ADMINISTRATION, COUNTY ADMINISTRATIVE BODIES) WILL BE 
ELECTED, OR APPOINTED AND RELIEVED, PURSUANT TO THE 
PROVISIONS OF THE LAW ON THE ELECTION OF MEMBERS OF THE 
REPRESENTATIVE BODIES OF LOCAL SELF-GOVERNMENT UNITS, AND 
OF THE LAW ON LOCAL SELF-GOVERNMENT AND ADMINISTRATION. 
 
 
 
 
 
 
 
 
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PAGE 01        ZAGREB  00350  05 OF 05  251833Z 
ACTION EUR-01 
 
INFO  LOG-00   AID-01   CIAE-00  SMEC-00  OASY-00  DODE-00  DOEE-00 
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      SS-00    TRSE-00  T-00     USIE-00  SNIS-00  NISC-01  PMB-00 
      PRMC-01  DRL-09   G-00       /038W 
                  ------------------9F45E0  251835Z /38 
P 251816Z JAN 95 
FM AMEMBASSY ZAGREB 
TO SECSTATE WASHDC PRIORITY 4607 
INFO AMEMBASSY VIENNA 
USMISSION USUN NEW YORK 
USMISSION USVIENNA 
AMEMBASSY PARIS 
AMEMBASSY MOSCOW 
AMEMBASSY BONN 
AMEMBASSY LONDON 
AMEMBASSY BELGRADE 
 
C O N F I D E N T I A L SECTION 05 OF 05 ZAGREB 000350 
 
SIPDIS 
 
 
VIENNA ALSO FOR BOSNIA 
 
USVIENNA FOR USDEL OSCE 
 
E.O. 12356: DECL: OADR 
TAGS: 
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PAGE 02        ZAGREB  00350  05 OF 05  251833Z 
SUBJECT:  GOC DRAFT "POLITICAL SOLUTION FOR A PEACEFUL AND 
          DEMOCRATIC REINTEGRATION" OF THE UNPAS 
 
 
II.9  THE SELF-GOVERNMENT AND ADMINISTRATIVE BODIES OF THE 
COUNTY OF KNIN AND GLINA (THE COUNTY ASSEMBLY, THE 
PREFECT, THE COUNTY ADMINISTRATION, COUNTY ADMINISTR 
ATIVE 
BODIES) WILL HAVE THE STATUS, AUTHORITY, AND 
RESPONSIBILITY TO THE CENTRAL STATE AUTHORITY, AND 
RECIPROCAL RELATIONS, AS PROVIDED FOR COUNTY BODIES BY THE 
LAW ON LOCAL SELF-GOVERNMENT AND ADMINISTRATION. 
 
II.LO  THE DISTRICT COURT IN KNIN AND THE DISTRICT COURT 
IN GLINA WILL BE ESTABLISHED TO JUDGE, IN THE FIRST 
INSTANCE, CASES WITHIN THE SPECIFIC SCOPE OF THE DISTRICTS 
AS LAID DOWN IN ARTICLE 26 OF THE CONSTITUTIONAL LAW. 
 
II.LL  THE COUNTY COURT OF THE COUNTY OF KNIN-GLINA WILL 
BE ESTABLISHED TO JUDGE -- IN ADDITION TO THE SCOPE OF THE 
OTHER COUNTY COURTS IN THE REPUBLIC OF CROATIA -- IN THE 
SECOND INSTANCE CASES WITHIN THE SPECIFIC SCOPE OF THE 
DISTRICTS. 
 
II.12  THE JUDGES OF THE DISTRICT COURT IN KNIN AND THE 
DISTRICT COURT IN GLINA, AND THE JUDGES OF THE COUNTY 
COURT OF THE COUNTY OF KNIN-GLINA, WILL BE APPOINTED AND 
RELIEVED BY THE STATE JUDICIARY COUNCIL AT THE PROPOSAL OF 
THE ASSEMBLY OF THE COUNTY OF KNIN-GLINA. 
 
IF THE STATE JUDICIARY COUNCIL DOES NOT ACCEPT THE 
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PAGE 03        ZAGREB  00350  05 OF 05  251833Z 
PROPOSAL FOR THE ELECTION AND RELIEF OF JUDGES UNDER THE 
PARAGRAPH ABOVE, IT SHALL ARGUMENT ITS DECISION. 
 
LIKE THE JUDGES OF ALL OTHER COURTS IN THE REPUBLIC OF 
CROATIA, THE JUDGES OF THE DISTRICT COURT IN KNIN AND THE 
DISTRICT COURT IN GLINA, AND OF THE COUNTY COURT OF THE 
COUNTY OF KNIN-GLINA, SHALL TAKE OATH UPON ASSUMING DUTY. 
 
II.13  THE NATIONAL COMPOSITION OF THE JUDGES AND STAFF OF 
THE DISTRICT COURT IN KNIN AND THE DISTRICT COURT IN 
GLINA, AND OF THE COUNTY COURT OF THE COUNTY OF KNIN- 
GLINA, SHALL MATCH THE NATIONAL COMPOSITION OF THE 
POPULATION IN THE AREA OF THE RESPECTIVE DISTRICT, AND OF 
THE COUNTY OF KNIN-GLINA. 
 
II.14  THE RULINGS OF THE DISTRICT COURT IN KNIN AND THE 
DISTRICT COURT IN GLINA, AND OF THE COUNTY COURT OF THE 
COUNTY OF KNIN-GLINA, SHALL BE PASSED IN THE NAME OF THE 
REPUBLIC OF CROATIA. 
 
APPEALS AGAINST A VALID SECOND-INSTANCE RULING OF THE 
COUNTY COURT OF THE COUNTY OF KNIN-GLINA CAN BE LODGED, AS 
AN EXTRAORDINARY LEGAL RECOURSE, TO THE SUPREME COURT OF 
THE REPUBLIC OF CROATIA; IF THE RULING HAS VIOLATED A 
HUMAN RIGHT OR FREEDOM PROVIDED FOR BY THE CONSTITUTION OR 
THE CONSTITUTIONAL LAW, THE APPEAL CAN BE LODGED WITH THE 
CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA. 
 
NOTE:  BASICALLY, ARTICLES II.LO THROUGH II.14 ARE ONLY 
TECHNICAL REFORMULATIONS OF ARTICLES 38-41 OF THE 
CONSTITUTIONAL LAW, WITH THE DIFFERENCE THAT -- IN RESPECT 
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PAGE 04        ZAGREB  00350  05 OF 05  251833Z 
OF THE ESTABLISHMENT OF THE COUNTY OF KNIN-GLINA -- 
DISTRICT COURTS AND THE COUNTY COURT ARE BEING ESTABLISHED 
INSTEAD OF MUNICIPAL AND DISTRICT COURTS. 
 
(END TEXT OF GOC PROPOSAL) 
 
GALBRAITH 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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