VZCZCXRO7163
RR RUEHAST RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHC #9370/01 3550004
ZNR UUUUU ZZH
R 202345Z DEC 07
FM SECSTATE WASHDC
TO RUEHVEN/USMISSION USOSCE 6983
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE

UNCLAS SECTION 01 OF 02 STATE 169370 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: OSCE PREL HR
SUBJECT: OSCE PERMANENT COUNCIL: REPLACEMENT OF CROATIA 
MISSION WITH OFFICE IN ZAGREB 
 
 
¶1. Post is authorized to join consensus on a permanent 
council decision, substantively in line with the text at 
paragraph 2, to close the Croatia Mission and replace it with 
an office with a limited mandate acceptable to the Government 
of Croatia.  Post should seek deletion of the third paragraph 
which begins "Noting the latest Status Report..." as an 
overly-positive assessment of Croatia's progress on refugee 
returns.  However, if deletion of this paragraph would break 
consensus on the decision, Post is authorized to join 
consensus on the text as it stands. 
 
¶2. Begin text of decision: 
 
The Permanent Council, 
 
      Recalling Permanent Council Decisions Nos.112 dated 18 
April 1996 on the establishment of the OSCE Mission to 
Croatia, and 176 dated 26 June 1997 on its expansion and 
reinforcement, and Nos. 271 dated 19 November 1998, 327 dated 
9 December 1999, 345 dated 23 March 2000, 396 dated 14 
December 2000, 455 dated 21 December 2001, 514 dated 12 
December 2002, 578 dated 18 December 2003, 644 dated 16 
December 2004, 695 dated 17 November 2005, and 748 dated 23 
November 2006 on the progressive downsizing of the Mission; 
 
Noting the positive resolution of remaining outstanding 
issues in the field of Rule of Law such as the increased 
State funding to the Constitutional Court and Ombudsman, as 
well as the continuous implementation of the minority 
employment guarantees of the Constitutional Law on National 
Minorities; 
 
Noting the latest Status Report (No.18/ ref no. FR/0017/07 ) 
of the OSCE Mission to Croatia outlining the progress 
achieved in the field of refugee return and integration, in 
particular on the agreed benchmarks related to the 
implementation of the housing care programmes for former 
Occupancy and Tenancy Rights holders; 
 
Decides to close the OSCE Mission to Croatia and to establish 
an Office in Zagreb. 
 
The Office in Zagreb is primarily tasked to monitor the 
proceedings related to cases referred to Croatia pursuant to 
Rule 11 bis of the ICTY,s Rules of Procedure and Evidence on 
behalf of the OSCE as well as on behalf of the Prosecutor of 
ICTY, in line with the PC Decision no. 673 dated 19 May 2005. 
The Office will also monitor, as part of the national 
proceedings followed, all other cases involving ICTY 
transfers including so-called &Category II8 cases as well 
as all domestic war crimes proceedings initiated at the local 
level. The Office will also report on residual aspects of the 
implementation of the housing care program in Croatia. 
 
In carrying out its tasks the Office will closely work with 
government offices and non-governmental bodies and offices as 
appropriate. 
 
The Office will facilitate contacts, co-ordinate activities 
and promote information exchange with the Chairman-in-Office, 
Secretariat and OSCE Institutions.  It will also co-operate 
 
SIPDIS 
with international, regional and between international and 
regional partners; 
 
The OSCE Office in Zagreb will report to the Permanent 
Council on a regular basis on the implementation of the 
mandate and the activities of the Office. 
 
In its reporting the confidentiality of the proceedings and 
the protection of victims and witnesses, as foreseen by the 
ICTY Statute and its &Rules of Procedure and Evidence8, as 
well as the respective rules of the Croatian Courts shall be 
fully respected. 
 
The Office will be located in Zagreb. It will be led by a 
Head of Office assisted by an adequate number of 
international members supported by national staff to 
implement the above mentioned tasks in an appropriate way. 
The Head of Office has the authority to assign staff as 
she/he deems necessary to most effectively support Croatia in 
the completion of tasks under the mandate. 
 
The Permanent Council tasks the Secretary General to present 
by 31 December 2007 a revised 2008 Unified Budget proposal to 
reflect the financial implications of the establishment of 
the Office in Zagreb. Pending adoption of a decision on this 
issue, the OSCE Office in Zagreb is authorized to use 
 
STATE 00169370  002 OF 002 
 
 
appropriate resources not to exceed the resources foreseen 
for the former Mission to Croatia in the 2008 Unified Budget 
proposal (PC.ACMF/61/07 of 1 October 2007). 
 
The duration of the Office will be until 31 December 2008. 
Extensions and possible changes of its mandate will be 
subject to new decisions of the Permanent Council. 
 
The rights and obligations established with the OSCE Mission 
to Croatia will be continued with the OSCE Office in Zagreb. 
The rights and obligations of the Mission will therefore be 
transferred to the Office to the extent covered by the 
mandate. 
 
A Memorandum of Understanding regarding the modalities of the 
OSCE Office in Zagreb will be signed between the Government 
of Croatia and the OSCE Secretary General or his duly 
authorized representative. Until this Memorandum of 
Understanding enters into force, the present Memorandum of 
Understanding concluded between the OSCE and the Government 
of the Republic of Croatia on 29 August 1996 and its agreed 
amendments will remain in effect and applied to the Office. 
 
End text of Decision. 
RICE