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Dayna R Robison  09/14/2006 01:43:38 PM  From  DB/Inbox:  Dayna R Robison

Cable 
Text:                                                                                                                                                       
UNCLAS    SENSITIVE     VIENNA 02602

SIPDIS
CXVIENNA:
    ACTION: POLEC
    INFO:   PMIL DCM DAO AMB REVIEW

DISSEMINATION: POLEC
CHARGE: PROG

APPROVED: POLEC: GEPHILLIPS
DRAFTED: POLEC: KMHELGERSON
CLEARED: NONE

VZCZCVII869
PP RUEHC
DE RUEHVI #2602/01 2421443
ZNR UUUUU ZZH
P 301443Z AUG 06
FM AMEMBASSY VIENNA
TO SECSTATE WASHDC PRIORITY 4796

UNCLAS SECTION 01 OF 02 VIENNA 002602 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EUR/SCE 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KDEM UNMIK SR YI AU
SUBJECT: UNOSEK UPDATE FOR THE WEEK OF AUGUST 21-25 
 
REF: PRISTINA 703 
 
THIS CABLE IS SENSITIVE BUT UNCLASSIFIED.  PLEASE HANDLE 
ACCORDINGLY. 
 
¶1. (U) THIS CABLE IS AN UPDATE FROM THE U.S. LIAISON OFFICER IN THE 
OFFICE OF THE UN SPECIAL ENVOY FOR KOSOVO STATUS (UNOSEK). 
 
SUMMARY 
------- 
 
¶2. (SBU) SPECIAL ENVOY AHTISAARI AND HIS POLICY TEAM TRAVELED TO 
PRISTINA DURING THE WEEK OF AUGUST 21 TO HOLD MEETINGS WITH THE 
UNITY TEAM IN AN EFFORT TO CLOSE THE GAP BETWEEN PRISTINA AND UNOSEK 
ON KEY ISSUES RELATED TO NEGOTIATIONS.  THE MAIN OUTSTANDING ISSUES 
FOCUSED ON FINDING A VIABLE SOLUTION FOR MITROVICA AND THE 
COMPOSITION OF THE ASSEMBLY.  AHTISAARI ALSO TRAVELED TO NORTHERN 
KOSOVO TO MEET WITH KFOR COMMANDERS AND LOCAL MAYORS OF THE SERB 
MUNICIPALITIES, AND ALSO MET WITH LOCAL MEMBERS OF THE CONTACT GROUP 
(REFTEL). 
 
UNITY TEAM MEETINGS:  PROGRESS, BUT STILL SOME DIFFERENCES 
--------- 
 
¶3. (SBU) TECHNICAL TALKS WERE HELD ON AUGUST 21 AND 22 COVERING 
DECENTRALIZATION, COMMUNITY RIGHTS, CULTURAL HERITAGE, AND 
ECONOMICS.  AFTER LIMITED PROGRESS, GREATER ADVANCES WERE MADE ON 
AUGUST 23 AND 24 WHEN AHTISAARI CONDUCTED HIGHER-LEVEL MEETINGS 
DIRECTLY WITH THE UNITY TEAM, HEADED BY PRESIDENT SEDJIU AND PM 
CEKU. 
 
¶4. (SBU) ON THE ISSUE OF DECENTRALIZATION, THE DELINEATION OF 
MITROVICA REMAINED UNRESOLVED AND A POTENTIAL "RED-LINE" FOR THE 
UNITY TEAM.  IN ADDITION, PRISTINA WANTS THE CREATION OF AN 
OBLIGATORY JOINT CITY BOARD WITH SPECIFIC COMPETENCIES THAT WOULD 
FORM THE BASIS OF COOPERATION BETWEEN MITROVICA NORTH AND MITROVICA 
SOUTH. PRISTINA ALSO MAINTAINED THAT IT WANTS TO SEE A MEDIATED MOU 
BETWEEN KOSOVO AND SERBIA FOR CROSS BORDER PARTNERSHIPS. UNOSEK 
ASKED PRISTINA TO CONSTRUCTIVELY RECONSIDER THESE ISSUES.  WITH 
REGARDS TO SERB MUNICIPALITIES IN THE SOUTH, THE UNITY TEAM OFFERED 
AN ADDITIONAL CADASTRAL ZONE (DOBROTIN) AROUND THE PROPOSED NEW 
MUNICIPALITY OF GRACANICA AND OFFERED THREE NEW CADASTRAL ZONES 
AROUND GNJILANE TO EXPAND THE SERB-MAJORITY MUNICIPALITY OF NOVO 
BRDO. 
 
¶5. (SBU) ON MINORITY RIGHTS, PRISTINA ACCEPTED THE CONCEPT OF A 
DOUBLE-MAJORITY VOTING PROCEDURE WITHIN THE ASSEMBLY.  IT NOW NEEDS 
TO WORK ON CREATING A SPECIFIC LIST OF LIMITED LAWS TO WHICH THIS 
MECHANISM WOULD APPLY.  THE UNITY TEAM ALSO AGREED TO MAINTAIN THE 
PROVISIONS OF THE CONSTITUTIONAL FRAMEWORK REGARDING POSITIONS IN 
GOVERNMENT FOR THE NEXT TWO ELECTORAL MANDATES.  OUTSTANDING ISSUES 
INCLUDE THE COMPOSITION OF THE ASSEMBLY, IN WHICH PRISTINA WISHES TO 
CHANGE THE CURRENT SYSTEM OF RESERVED SEATS (10 SEATS FOR K-SERBS 
AND 10 FOR OTHER MINORITIES PLUS WHATEVER SEATS ARE WON IN 
ELECTIONS) INTO A SYSTEM OF GUARANTEED SEATS (LIMITING K-SERBS TO 10 
SEATS AND 10 FOR MINORITIES, UNLESS MORE SEATS ARE WON THROUGH OPEN 
ELECTIONS).  UNOSEK SUGGESTED THAT PRISTINA CONSIDER MAINTAINING THE 
STATUS QUO, OR CONSIDER A TRANSITIONAL PERIOD.  WITH REGARDS TO THE 
JUDICIARY, PRISTINA RESURRECTED THE IDEA OF A SPECIAL CHAMBER TO 
HEAR VITAL INTEREST CASES IN THE CONSTITUTIONAL COURT.  UNOSEK 
PROPOSES THAT THE FULL CHAMBER HEAR ALL CONSTITUTIONAL CASES AND 
THAT INTERNATIONAL JUDGES BE INCLUDED IN THE COURT'S COMPOSITION. 
UNOSEK ALSO ASKED PRISTINA TO RECONSIDER PROPOSALS FOR THE 
APPOINTMENT OF MINORITY JUDGES AND THE POSSIBLE DESIGNATION OF ONE 
DISTRICT COURT AS THE COURT OF APPEAL FOR MUNICIPAL COURTS 
REPRESENTING KOSOVO SERB MAJORITY AREAS. 
 
¶6. (SBU) ON CULTURAL HERITAGE, PRISTINA INDICATED THAT IT COULD 
ACCEPT MOST OF THE UNOSEK/UNESCO/COE PROPOSALS ON PROTECTIVE ZONES 
FOR SERB ORTHODOX CHURCH RELIGIOUS SITES.  DETAILS STILL NEED TO BE 
FINALIZED REGARDING IMPLEMENTING AND MONITORING ARRANGEMENTS, 
INCLUDING THE NATURE OF THE INTERNATIONAL PRESENCE IN THOSE 
ARRANGEMENTS. 
 
¶7. (SBU) WITH REGARDS TO ECONOMIC ISSUES, AHTISAARI'S TEAM STRESSED 
THAT THE INTERNATIONAL COMMUNITY CANNOT IMPOSE A SOLUTION ON DEBT 
RECONCILIATION AND THAT UNOSEK CONTINUES TO PRESS BELGRADE TO 
AUTHORIZE WORLD BANK AND PARIS CLUB CREDITORS TO RELEASE THE 
NECESSARY DOCUMENTS.  IN ADDITION, UNOSEK STATED THAT THE SETTLEMENT 
WOULD NEED TO INCLUDE A MECHANISM FOR THE PARTIES TO ADDRESS CLAIMS 
AFTER THE DECISION OF STATUS.  DUE TO THE COMPLEXITY OF THE ISSUES 
AND THE INADEQUATE INFORMATION RECEIVED ON THE SUBJECT MATTER THUS 
FAR, THE SETTLEMENT WOULD NOT BE ABLE TO ADDRESS THESE CLAIMS IN 
DETAIL. 
 
¶8. (SBU) UPON CONCLUSION OF TALKS, THE UNITY TEAM AGREED TO PROVIDE 
UNOSEK BY EARLY THE WEEK OF AUGUST 28 A DOCUMENT OUTLINING WHAT IT 
HAS AGREED TO ABOVE AND THE OUTSTANDING ISSUES.  WITHIN THE SAME 
TIME FRAME PRISTINA WILL ALSO PROVIDE UNOSEK AN UPDATED PAPER ON 
COMMUNITY RIGHTS FOR UNOSEK TO DELIVER TO BELGRADE. 
 
TRIP TO NORTH:  GOOD WORK BY KFOR, STRONG MESSAGE TO SERB MAYORS 
--------- 
¶10. (SBU) ON AN AUGUST 24 VISIT TO THE NORTH, AHTISAARI VISITED WITH 
KFOR COMMANDERS AT NEWLY ESTABLISHED CAMP NOTHING HILL. COMMANDERS 
INDICATED THAT SERBS HAVE VISIBLY NOTED THE KFOR PRESENCE IN THE 
NORTH AND FOR THE MOST PART IT WAS WELL RECEIVED.  ON A DAILY BASIS, 
KFOR IS CONDUCTING ROUTINE PATROLS IN THE AREA AS WELL AS RANDOM 
VEHICLE SEARCHES.  IN ADDITION KFOR HAS UNDERTAKEN A SERIES OF LOCAL 
PROJECTS, FROM CUTTING TIMBER TO ROAD REPAIR IN ORDER TO REACH OUT 
TO THE LOCAL RESIDENTS.  KFOR WAS ALSO CONDUCTING A MEDIA CAMPAIGN 
TO EXPLAIN KFOR OPERATIONS IN THE NORTH, TO ASSURE THE CONTINUED 
PRESENCE OF KFOR, AND TO DISPEL LOCAL RUMORS THAT CAMP NOTHING HILL 
WAS INTENDED TO BECOME A KOSOVO PROTECTION CORPS (KPC) BASE. KFOR 
COMMANDERS TOLD AHTISAARI THAT THEY WERE APPROPRIATELY PREPARED TO 
HANDLE FORESEEABLE SITUATIONS IN THE NORTH. 
 
¶11. (SBU) IN A MEETING WITH THE THREE NORTHERN MAYORS IN ZVECAN, 
AHTISAARI REAFFIRMED THE CONTACT GROUP'S POINTS OF AUGUST 4 AND SAID 
THAT WHATEVER THE STATUS OUTCOME THE FUTURE OF KOSOVO SERBS WAS IN 
KOSOVO.  AHTISAARI STRESSED THE IMPORTANCE OF CURRENT 
DECENTRALIZATION TALKS FOR HELPING TO ASSURE THAT FUTURE.  AHTISAARI 
STATED HIS STRONG DISAPPOINTMENT WITH THE LACK OF WILLINGNESS OF 
KOSOVO SERBS TO REACH OUT AND PARTICIPATE IN THE PROCESS AND TO 
COOPERATE WITH THE PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT 
(PISG).  HE SAID THE IMPLEMENTATION OF THE DIRECTIVE OF BELGRADE'S 
KOSOVO COORDINATION CENTER (CCK) ON NON-COOPERATION WITH THE PISG 
WOULD NOT IMPACT THE TALKS AND THAT ONLY KOSOVO SERBS WOULD SUFFER 
AS A RESULT.  HE ALSO NOTED WITH CONCERN THE EXISTENCE OF PARALLEL 
SECURITY STRUCTURES IN THE NORTH AND TOLD THE MUNICIPAL LEADERS THAT 
SUCH ACTIONS WOULD NOT BE TOLERATED.   HE ASSURED THEM THAT WHATEVER 
THE FUTURE STATUS OF KOSOVO THE PRESENCE OF THE INTERNATIONAL 
COMMUNITY AND KFOR WOULD CONTINUE. (NOTE:  IN A FOLLOW UP MEETING IN 
NORTH MITROVICA THE UNMIK MITROVICA REGIONAL REPRESENTATIVE TOLD 
AHTISAARI THAT ADDITIONAL FUNDS FOR QUICK IMPACT LOCAL PROJECTS HAD 
BEGUN TO FLOW AND WERE BEGINNING TO MAKE A DIFFERENCE.  HE 
SPECIFICALLY THANKED THE U.S. FOR ITS QUICK DISBURSEMENT OF USD 
500,000 FOR LOCAL PROJECTS.) 
 
SCHEDULE FOR FURTHER TALKS 
-------- 
 
¶12. (SBU) THE UNOSEK TEAM INTENDS TO TRAVEL TO BELGRADE ON AUGUST 30 
AND 31 FOR TECHNICAL MEETINGS WITH THE SERB DELEGATION ON 
DECENTRALIZATION, ECONOMICS AND CULTURAL HERITAGE.  UNOSEK THEN 
INTENDS TO RETURN TO BELGRADE ON SEPTEMBER 5 FOR TALKS ON COMMUNITY 
RIGHTS.  UNOSEK WILL THEN HOST BOTH DELEGATIONS IN VIENNA FOR 
ANOTHER ROUND OF TECHNICAL TALKS ON SEPTEMBER 7 AND 8.