VZCZCXRO0366
PP RUEHIK
DE RUEHPS #0428/01 2751550
ZNR UUUUU ZZH
P 021550Z OCT 09
FM AMEMBASSY PRISTINA
TO RUEHC/SECSTATE WASHDC PRIORITY 9322
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHNO/USMISSION USNATO 1215
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RUCNDT/USMISSION USUN NEW YORK 1739
RHFMIUU/AFSOUTH NAPLES IT
RHMFISS/CDR TF FALCON
RHEFDIA/DIA WASHDC
RUEKJCS/SECDEF WASHINGTON DC
RUEPGEA/CDR650THMIGP SHAPE BE
RHEHNSC/NSC WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUZEJAA/USNIC PRISTINA SR

UNCLAS SECTION 01 OF 04 PRISTINA 000428 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR EUR-DAS STUART JONES, EUR-SCE, EUR/PGI, 
INL, DRL, PRM, USAID 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KV
SUBJECT:  KOSOVO:  SCENSETTER FOR DAS JONES' VISIT 
TO PRISTINA 
 
PRISTINA 00000428  001.2 OF 004 
 
 
SENSITIVE BUT UNCLASSIFIED ? PLEASE PROTECT 
ACCORDINGLY 
 
REF:  A) Pristina 357 
      B) Pristina 412 
 
¶1. (SBU) Summary:  On October 5, the ninth meeting 
of the International Steering Group (ISG), the 
oversight body for the International Civilian Office 
(ICO), will begin a conversation on the future of 
the organization, and indeed on its exit strategy. 
This discussion takes place just as Kosovo begins 
its Ahtisaari Plan decentralization effort in 
earnest and prepares for November 15 municipal 
elections, its first elections since independence. 
While cost cutting and avoiding mission creep are 
important for ICO, our participation in the ISG 
meeting should aim to recommit the organization to a 
results-based restructuring.  Moreover, we should 
encourage both ICO and our European partners to 
support efforts to mount a successful election 
monitoring effort, and underscore the importance of 
remaining focused on the decentralization process 
beyond election day.  End Summary. 
 
ISG MEETING -- FIRST DISCUSSION OF FUTURE OF ICO 
--------------------------------------------- --- 
 
¶2. (SBU) The ninth meeting of the International 
Steering Group, October 5 in Pristina, is scheduled 
to include briefings from Minister of Local 
Government Administration Sadri Ferati on 
decentralization and from Minister of Foreign 
Affairs Skender Hyseni on external relations 
efforts/recognitions.  It will also include a 
discussion led by International Civilian 
Representative (ICR) Pieter Feith on the review of 
the powers of the ICR.  A review of the powers of 
the ICR is mandated by the Ahtisaari Plan and will 
be the first step in a broader review of the 
structure and size of the organization. 
 
DECENTRALIZATION -- ELECTION DAY IS NOT THE END 
--------------------------------------------- -- 
 
¶3. (SBU) Minister of Local Government Administration 
(MLGA) Ferati and two members of ICO senior staff 
will discuss progress made on the Ahtisaari Plan- 
mandated process to establish five new Kosovo Serb 
majority municipalities (Partesh, Klokot, Gracanica, 
Ranilug and North Mitrovica), and to expand a sixth 
(Novo Brdo).  At this point, four MPTs have been 
established, with MPTs for Novo Brdo and North 
Mitrovica expected in the coming weeks.  USAID 
implementers are working closely with both ICO and 
MLGA to stand up these new municipalities. 
Noteworthy progress has been made in establishing 
municipal statutes, budgets, and organizational 
charts, especially in the municipality of Klokot, 
where the MPT has been functioning longest.  We have 
generally worked well with the ICO in the new 
municipalities, with the exception of Klokot where 
we have encountered some problems with ICO field 
staff. 
 
¶4. (SBU) Much work will remain to be done after 
election day.  The newly elected mayors and 
assemblies in Klokot, Gracanica, and Ranilug must be 
in a position to deliver services to their 
constituents if we are to maintain positive momentum 
on decentralization.  That will mean progress in 
four areas:  1) governance structures; 2) 
 
PRISTINA 00000428  002.2 OF 004 
 
 
organizational structures; 3) competencies and 
services; and 4) facilities and equipment.  Positive 
momentum in these areas could provide impetus for 
more constructive engagement in North Mitrovica and 
Partesh, the new Serb-majority municipalities that 
will hold elections next May.  We will want to 
stress these points and urge continued dedication of 
the ICO to decentralization and greater political 
and monetary assistance from our EU partners to the 
process. 
 
EXTERNAL RELATIONS -- MODERATE SUCCESS AT UNGA 
--------------------------------------------- - 
 
¶5. (SBU) Minister of Foreign Affairs Skender 
Hyseni's presentation to the ISG is likely to focus 
on his recent lobbying efforts on the margins of the 
U.N. General Assembly.  While MFA staff noted that 
meetings were harder to come by this year, Kosovo 
President Fatmir Sejdiu and Minister Hyseni still 
managed to hold an impressive slate of bilateral 
discussions, including with several current non- 
recognizing Arab states (e.g. Qatar, Oman).  Hyseni 
may also address the December oral arguments before 
the International Court of Justice, which is 
preparing an advisory opinion on the legality of 
Kosovo's declaration of independence.  It is unclear 
to us how active our ISG partners have been in 
supporting Kosovo?s case for additional 
recognitions.  It might be useful to encourage them 
to be more proactive on Kosovo?s behalf. 
 
ELECTIONS -- ORGANIZATION IN PROCESS... 
--------------------------------------- 
 
¶6. (SBU) Following consultations with ICR Feith and 
the Quint, President Sejdiu announced on September 
14 that municipal elections will take place in 36 
municipalities.  This number includes three new 
Ahtisaari-mandated municipalities -- Klokot, 
Gracanica, and Ranilug -- and the expanded 
municipality of Novo Brdo.  Elections in Partesh and 
in North Mitrovica will be held in May 2010.  We are 
in close contact with Kosovo's Central Elections 
Commission (CEC), which continues technical 
preparations for the polls.  As in past elections in 
Kosovo, voter apathy (in all communities) and the 
integrity of the voters' list are chief among the 
concerns.  We have been active diplomatically and 
sought public diplomacy opportunities to underscore 
the importance of the elections, particularly to the 
Serbs, and to build public confidence in the CEC. 
We will want to urge our ISG partners to do the 
same. 
 
¶7. (SBU) While the status-neutral OSCE continues to 
do important work to build capacity building with 
CEC, in spite of pressure from non-recognizers (Ref 
B), there has been little donor support, other than 
the USG assistance, for the electoral process or the 
election monitoring effort.  ICO may contribute 
staff and vehicles and provide additional logistical 
support to the organization of monitors from 
bilateral donors.  This would be a welcome 
contribution and should be encouraged.  The 
likelihood of European Commission funding for 
additional monitors, once thought certain, is now 
unclear.  If ICO effectively coordinates its efforts 
with bilateral missions and USAID-funded monitors 
from the European Network of Election Monitoring 
Organizations (ENEMO), we feel that a credible 
monitoring mission can be put in the field for these 
 
PRISTINA 00000428  003.2 OF 004 
 
 
important polls. 
 
THE REVIEW OF ICR POWERS -- THE FUTURE OF ICO 
--------------------------------------------- 
 
¶8. (SBU) The bulk of the afternoon session of the 
October 5 ISG meeting is dedicated to a presentation 
of a concept paper that will open a discussion on 
the review of the ICR's powers.  Such a review is 
mandated by Annex IX of the Ahtisaari Plan and 
should be completed by the two-year anniversary of 
the Plan's entry into force (the second anniversary 
of Kosovo's independence, February 17, 2010). 
According to the concept paper, this introductory 
discussion is designed to lead to a consensus 
position by the December 2009 ISG meeting, and an 
endorsement of an extension of the ICR's 
mandate/approval of ICO's budget in February 2010. 
 
¶9. (SBU) ICO's effort to examine its mission, its 
organizational structure, and its costs is healthy 
and laudable.  As the concept paper notes, such a 
review can help to avoid mission creep.  We support 
the review, and its main goals, to reshape the 
organization (with cost savings) as Ahtisaari Plan 
tasks are completed.  The choice to review ICO's 
largest units, Community Affairs and the ICO 
Mitrovica Office, as they contemplate restructuring, 
is also appropriate.  The decision to avoid dates 
certain for the eventual closure of ICO also avoids 
a situation in which local actors simply "wait out" 
the organization, rather than implement difficult 
Ahtisaari Plan provisions. 
 
PROGRESS, NOT PROCESS, IS KEY 
----------------------------- 
 
¶10. (SBU) While there is much to like in ICO's 
concept paper, there are several elements worthy of 
caution.  The paper suggests that the ICR's 
affirmative powers, including the requirement of ICR 
consent for certain Kosovo Government nominations, 
should be considered for reduction/elimination.  In 
place of these affirmative powers, ICO notes that 
the ICR can use corrective powers to invalidate an 
inappropriate appointment.  This statement is both 
impractical and impolitic.  In eighteen months the 
ICR has not yet used his corrective powers, and 
their use would require immense amounts of political 
capital that, frankly, the ICO does not have. 
Moreover, in taking such action, ICO risks the 
alienation of the organization itself and the 
broader international community from our Kosovo 
partners.  Affirmative powers, such as the ICR role 
in appointments, should be maintained, while 
corrective powers should be used only as a last 
resort. 
 
¶11. (SBU) In addition, the concept paper discusses 
progress in the implementation of ICO's matrix" of 
Ahtisaari Plan tasks, and calls for new benchmarks 
that will guide the reshaping of the organization. 
ICO's matrix is a useful, but flawed, tool.  In too 
many cases, the matrix notes progress on the 
establishment of institutions, or the passage of 
laws, rather than the institutions' functional 
capacity or the implementation of the laws.  The 
passage of a law, the writing of an organizational 
chart and the hiring of key top staff is not 
equivalent to the establishment of a functioning 
institution.  As the conversation on reshaping ICO 
continues, we must encourage the ISG to eschew box- 
 
PRISTINA 00000428  004.2 OF 004 
 
 
checking as an evaluation tool in favor of real 
benchmarks that mark substantive progress. 
 
COMMENT 
------- 
 
¶12. (SBU) The ninth meeting of the ISG presents a 
real opportunity to shape the dialogue on the future 
of the ICO as an organization.  Laudable work has 
been accomplished in the first eighteen months of 
ICO's existence, much is in process, and much 
remains to be done.  As the discussion begins, 
focusing on results, rather than dates and process, 
can help to ensure that the ICO remains relevant. 
 
MURPHY