VZCZCXRO0620
PP RUEHIK
DE RUEHPS #0047/01 0281711
ZNR UUUUU ZZH
P 281711Z JAN 10
FM AMEMBASSY PRISTINA
TO RUEHC/SECSTATE WASHDC PRIORITY 9658
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHNO/USMISSION USNATO 1335
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RUCNDT/USMISSION USUN NEW YORK 1873
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 WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUZEJAA/USNIC PRISTINA SR

UNCLAS SECTION 01 OF 04 PRISTINA 000047 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR EUR/SCE, EUR/PGI, INL, DRL, PRM, USAID 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PINR SR KV
SUBJECT: KOSOVO: SERBIAN MINISTERS CHALLENGE OFFICIAL VISITS POLICY 
 
REF: PRISTINA 25 
 
PRISTINA 00000047  001.2 OF 004 
 
 
SENSITIVE BUT UNCLASSIFIED - PLEASE PROTECT ACCORDINGLY 
 
¶1. (SBU) SUMMARY:  Recent travel by Serbian government ministers to 
Kosovo in contravention of the EU's official visits policy is a 
direct challenge to the GOK and the EU.  The official visits policy 
provides for GOK approval unless there are indications visits might 
be abused for political purposes, and involves the Quint and EU in 
the decision-making process.  The procedure in place since March 
2009 has been largely successful to-date: of 112 visits requested, 
103 were approved.  GOS officials have challenged the policy by 
traveling to Kosovo without prior permission.   Measured against the 
established procedures the GOS objections to the visit procedure are 
baseless.  We are concerned by rumors the GOS is planning to flood 
the GOK with official visit requests to break the system and by the 
GOK's propensity to shoot itself in the foot when it moves to 
intercept a Serb official in Kosovo without permission.  We will 
work with the GOK and EUSR to prevent over-reactions.  We urge 
similar efforts be made by Washington and Belgrade to discourage the 
latter from escalating the issue further.  END SUMMARY. 
 
SERBIAN GOVERNMENT MINISTERS CHALLENGE VISITS POLICY 
--------------------------------------------- ------- 
 
¶2. (SBU) The arrest and subsequent expulsion from Kosovo on January 
26 of Serbian Assistant Minister for Kosovo, Branislav Ristic, by 
Kosovo Police (KP) in Dresnik/Drsnik village, Kline/Klina 
Municipality, is the latest in a series of attempts by Serbian 
government officials to challenge a European Union-brokered policy 
on Government of Serbia (GOS) official visitors to Kosovo.  Ristic's 
detention follows the expulsion from Kosovo of Serbian Minister 
Goran Bogdanovic on January 13 (Ref A) while on an unapproved 
official visit to Shtrpce/Strpce municipality. 
 
BACKGROUND: AGREEMENT ON GOS VISIT PROCEDURES 
--------------------------------------------- 
 
¶3. (SBU) On January 28, the office of the European Union Special 
Representative (EUSR) shared with us the nine point agreement used 
by EU offices for handling requests from GOS officials to visit 
Kosovo.  The full text follows: 
 
BEGIN TEXT: 
 
-- 1) The following procedure could be applied to official visitors 
of the Government of Serbia to the Republic of Kosovo. 
 
-- 2) The Government of Serbia should inform the EU Office in 
Belgrade about planned visits of government officials to Kosovo at 
least 72 hrs before entering Kosovo. 
 
-- 3) The EU Office in Belgrade forwards this request to the 
ICR/EUSR.  A copy will be send to the HOM of EULEX for information. 
 
-- 4) The request should be forwarded by the ICR/EUSR to the Office 
of the Deputy Prime Minister of the Government of Kosovo. 
 
-- 5) The Government of Kosovo takes the decision on the request. 
In the process of reaching a decision, it may ask the ICR/EUSR or 
other members of the international community for further advice. 
 
-- 6) The Government of Kosovo will take its decision based on a 
clear statement of the purpose of the visit and assuming there are 
no strong indications that the visit might be abused for political 
propaganda or in any other inappropriate way. 
 
-- 7) The Office of the Deputy Prime Minister informs the Ministry 
of Interior of the Government of Kosovo of its decision; the 
Ministry of Interior will then inform the Kosovo Police of the 
upcoming visit and ensures that appropriate measures for the 
visitor's security are taken. 
 
-- 8) The Office of the Deputy Prime Minister should also no later 
 
PRISTINA 00000047  002.2 OF 004 
 
 
than 24 hours in advance of the scheduled visit inform the ICR/EUSR 
of the decision. The ICR/EUSR will forward the decision to the EU 
Office in Belgrade.  The HOM of EULEX will receive a copy of this 
communication. 
 
-- 9) If there are indications that the planned visit involves 
serious security risks, and the Kosovo government nevertheless 
agrees to such a visit, EULEX stands ready to provide an escort for 
the visitors. The decision on the need to escort visitors is taken 
by the HOM of EULEX, upon request by the Government of Kosovo. 
 
END TEXT 
 
VISIT PROCEDURES VIEWED FROM KOSOVO 
----------------------------------- 
 
¶4. (SBU) The EUSR Office in Pristina told us the nine points had 
been tacitly accepted by all parties in March 2009 as a modest 
framework for GOS official visits, after months of unsuccessful 
talks.  The procedures apply to all official GOS visitors to Kosovo, 
and make no mention of rank, status or citizenship.  In practice as 
a matter of course the EUSR automatically forwards requests that are 
sensitive in nature to Quint embassies and KFOR for their advice as 
representatives of the "international community."  As laid out in 
the nine points, the GOK bases its decision on the visit's purpose 
and whether there are indications the visit might be abused for 
political purposes.  If the visit is approved, the Ministry of the 
Interior and Kosovo Police (KP) are informed of the decision in 
order to make security arrangements, if necessary.  The EUSR office 
told us the GOS had not signed the framework, but had never pushed 
back either, and had made use of the procedures for GOS officials on 
20 occasions since March 18, 2009.  (NOTE: Although not listed 
specifically in the nine points, persons or groups who are not GOS 
officials but who wish to have a KP or EULEX police escort, such as 
religious pilgrims, also use the procedure.  END NOTE) 
 
SERBIA'S USE OF THE PROCEDURE 
----------------------------- 
 
¶5. (SBU) Since March 18, 2009 the GOS has submitted 112 visit 
requests under this procedure, including 20 for official GOS 
visitors.  Of 112 applications, 103 were approved by the GOK while 
nine were denied.  Seven official visits have been denied by the GOK 
because GOS officials had made statements that suggested their trip 
would encompass untoward political activities.  The two other 
disapproved visits were for groups of internally displaced persons 
(IDPs) to Gjakova/Djakovica, an area heavily affected by the 1999 
conflict, following interventions by the mayor, who asserted that 
the population had to be prepared for such visits and was not yet 
ready to receive Serb IDPs. 
 
NATURE OF VISIT       APPROVED      DENIED 
---------------       --------      ------ 
Serbian Officials        13            7 
IDPs                      9            2 
Pilgrims                 54            0 
Students/NGOs/others     25            0 
Serbian Orthodox Church   2            0 
 
TADIC AT CHRISTMAS: AN EXAMPLE OF HOW IT CAN WORK 
--------------------------------------------- ---- 
 
¶6. (SBU) Serbian President Tadic's Orthodox Christmas visit to 
Visoki Decani Monastery in Kosovo provides an example of how the GOK 
tried to balance between a legitimate GOS request that could also be 
used for overtly political and anti-GOK purposes.  Tadic's official 
request stated he wished to travel to Decani in the Christmas spirit 
to attend mass, and to visit Serb returnees in the village of 
Osojane.  Before the GOK's approval, Tadic announced his trip 
publicly, treating the visit procedures as notification only, and 
stating he was visiting Kosovo to "fight for the province."  The 
statement was viewed as unacceptably political and was clearly at 
odds with the stated purpose of the visit.  The EUSR's office told 
us COMKFOR had argued that Tadic's request should be denied as a 
 
PRISTINA 00000047  003.2 OF 004 
 
 
consequence.  However, the Kosovars accepted the recommendation of 
the EUSR and Quint not to deny the whole visit but rather to agree 
to the visit to Decani.  In the end the GOK agreed to an overnight 
visit to the Monastery without the side trip to Osojane. 
 
RESPONDING TO SERBIAN OBJECTIONS 
-------------------------------- 
 
¶7. (SBU) In a letter to the EUSR office in Belgrade (shared with us 
by EUSR Pristina) and in public statements, GOS officials raised 
several objections to GOK actions with regard to visits.  Both the 
EUSR and the Quint found that these objections are baseless in view 
of the established SOPs.  The objections, and our responses, 
include: 
 
-- The procedures do not apply to GOS deputy or assistant ministers. 
 RESPONSE: The EUSR's nine points do not mention rank, and apply to 
all GOS officials even if they are minor officials; 
 
-- GOS staff are also Kosovo residents and may thus travel to Kosovo 
as they please.  RESPONSE: The EUSR's nine points do not mention 
citizenship/residence, and apply to all GOS officials entering 
Kosovo on official business for Belgrade, even if they are Kosovo 
citizens or residents.  To the best of our knowledge, the GOK has 
never attempted to apply these procedures to non-official visits. 
Indeed, many Belgrade officials with homes in Kosovo appear to 
travel here routinely (although no one attempts to track such 
visits). 
 
-- GOS ministers have travelled to Kosovo in the past without 
following the procedure.  RESPONSE: Prior travel without GOK 
authorization does not amount to GOK consent.  Success at 
circumventing the established procedure does not legitimize the 
circumvention. 
 
-- Visits are private in nature.  RESPONSE: See above.  However, 
when Minister Bogdanovic was asked to leave Shtrpce/Strpce he 
claimed to be on a private visit, but in fact had just visited a 
GOS-funded school and met with representatives of the illegal 
parallel structures in his official capacity.  Bogdanovic's claim is 
not truthful. 
 
-- Serbia does not recognize the procedures or only views them as 
requiring notification by the GOS of planned visits.  RESPONSE: 
During the January 26, 2010 EU-GOS Ministerial in Brussels Serbian 
Foreign Minister Jeremic did not deny the procedure's existence or 
substance.  Rather he asked for changes ostensibly intended to 
improve the process.  This, as well as President Tadic's decision 
both to use the procedure and to abide by the conditions set by the 
GOK, is a de facto recognition of both the procedure and the need 
for approval. 
 
COMMENT 
------- 
 
¶8. (SBU) ICO sources tell us the EUSR's office in Belgrade has heard 
rumors the GOS plans to attack the official visit procedures by 
submitting a flood of requests for visits by GOS personnel and 
hoping the GOK flounders.  A spate of GOK visit denials would make 
the GOS allegation that the procedure is not working appear to be 
founded, and bolster GOS attempts to skirt the procedure.  We 
believe the procedures are fair, transparent, and benefit both the 
GOK and the GOS.  Abandoning them or allowing GOS officials to 
travel without asking permission from the GOK risks hindering 
legitimate and necessary travel from Serbia to Kosovo.  The number 
of successful approvals shows the procedures have been a success 
when followed, including on two occasions for President Tadic. 
While approving visits by the Serbian president is likely to remain 
politically difficult for the GOK, the existing procedures provide 
for approval when the visit is appropriate.  We will work with the 
GOK and EUSR to prevent over-reactions, and ensure the visits 
procedure operates transparently and efficiently, including when GOS 
officials must be respectfully escorted back to the border for 
non-compliance.  We urge similar efforts be made by Washington and 
 
PRISTINA 00000047  004.2 OF 004 
 
 
Belgrade to discourage the GOS from escalating the issue further. 
END COMMENT. 
 
DELL