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| Identifier: | 95ZAGREB350 |
|---|---|
| Wikileaks: | View 95ZAGREB350 at Wikileaks.org |
| Origin: | Embassy Zagreb |
| Created: | 1995-01-25 18:16:00 |
| Classification: | CONFIDENTIAL |
| Tags: | War Crimes |
| Redacted: | This cable was not redacted by Wikileaks. |
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: War Crimes
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
CONFIDENTIAL
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
NNNNPTQ5405
CONFIDENTIAL PTQ5405
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
L-01 ADS-00 M-00 NSAE-00 NSCE-00 OIC-02 OMB-01
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
------------------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: PGOV PREL HR
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
CONFIDENTIAL
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,
CONFIDENTIAL
NNNNPTQ5406
CONFIDENTIAL PTQ5406
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
L-01 ADS-00 M-00 NSAE-00 NSCE-00 OIC-02 OMB-01
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: PGOV PREL HR
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
CONFIDENTIAL
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
CONFIDENTIAL
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.
CONFIDENTIAL
NNNNPTQ5408
CONFIDENTIAL PTQ5408
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
FBIE-00 H-01 INM-02 TEDE-00 INR-00 IO-14 LAB-01
L-01 ADS-00 M-00 NSAE-00 NSCE-00 OIC-02 OMB-01
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
------------------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: PGOV PREL HR
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.
CONFIDENTIAL
CONFIDENTIAL
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;
CONFIDENTIAL
CONFIDENTIAL
PAGE 04 ZAGREB 00350 04 OF 05 251833Z
-
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.
CONFIDENTIAL
NNNNPTQ5411
CONFIDENTIAL PTQ5411
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
FBIE-00 H-01 INM-02 TEDE-00 INR-00 IO-14 LAB-01
L-01 ADS-00 M-00 NSAE-00 NSCE-00 OIC-02 OMB-01
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
------------------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: PGOV PREL HR
CONFIDENTIAL
CONFIDENTIAL
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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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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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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