LOCAL PRESS

Serbia for a Romanian woman instead of Jeremic! (Blic)

The Serbian government will support the candidacy of Simona-Mirela Miculescu for the post of the new UN Secretary-General, Blic unofficially learns. Simona Miculescu, who is the Director of the UN Office in Serbia and who is from Romania, will be directly recommended by the current Secretary-General Ban Ki-moon, Blic’s diplomatic sources report. As they explain, Serbia definitely will not have its own candidate, but will offer support to Simona Miculescu. Former Serbian foreign minsiter Vuk Jeremic, who was the president of the UN General Assembly and intended to run for Ban Ki-moon’s successor, didn’t receive support of the Serbian government for his intentions. „The eventual election of Simona- Mirela Miculescu for the leading position in the UN is alleviated by the fact that the adopted position is that a candidate will be for the first time from Eastern Europe, and that this needs to be a woman for the first time, Zoran Trifunovic, the Director of the Center for Open Dialogue, tells Blic. Simona Miculescu has a 24-year-long diplomatic carrier. Since 2008, she was the permanent representative of Romania in the United Nations, while in the middle of this year she was sent to the post in Serbia, after the decision of precisely Ban Ki-moon.

Marko Djuric in acting-head status for another three months (Danas)

The acting status has been extended for the second time to the Head of the Office for Kosovo and Metohija Marko Djuric for another three months, even though the Law on state officials envisages otherwise. Namely, at the beginning of the year, the Serbian government formally dismissed more than hundred officials who were not elected at public competitions and „switched“ them into the acting status until the election of new heads in according with procedure. The Head of the Office for Kosovo and Metohija was dismissed from that post and appointed as the acting-head in March this year for a six-month period, but this status was already extended on 10 September for another three months. The Serbian government extended once again, at a session on 17 December, the performance of Marko Djuric’s duties for another three months, i.e. until 21 March, even though the Law on state officials envisages a total of nine months at the most for this status.

Belgrade doesn’t expect insreasing pressure (Danas)

The Serbian government doesn’t expect the EU to increase pressure on the state to harmonize its foreign policy with the European, even after the opening of the first chapters in the negotiations between Serbia and the EU and after the completion of Serbia’s OSCE chairmanship, Danas was told at the government. As it was explained, increasing pressures are not expected, even when Chapter 31 opens that precisely deals with the harmonization of the foreign policy of a country that aspires to become a EU member with that of the European. The Head of the Serbian negotiating team with the EU Tanja Miscevic tells Danas that the screening process for Chapter 31 has been completed and that Belgrade is still waiting for the screening report of the European Commission that should present the review status in this field. The council of permanent representatives of the EU member states adopted on Friday the extension of sanctions against Russia until 31 July 2016. According to unconfirmed information from the EU Council quoted by Sputnik, the decision on extending economic sanctions against Russia, as expected, will take effect today.

Businessmen removing obstacles to cooperation between Belgrade and Pristina (Politika/Tanjug)

Cooperation between businessmen from Serbia and Kosovo and Metohija is important because it is contributing to normalization of relations, but also to economic development of the region, it was assessed at the business forum of the Serbian Chamber of Commerce (PKS) and the Kosovo Chamber of Commerce (KCC) in Belgrade. Opening the forum, Serbian Minister of Economy Zeljko Sertic urged Serbian and Kosovo businessmen to boost cooperation, noting that when the economy is growing, people get jobs and there is less politics and fewer bad words and bad intentions. “We agreed for our relations to be based on mutual respect, without insults, provocations, and to deal with the economy. It is good that we have been adhering to this for two years and remained at the agreed level,” said Sertic. Kosovo Minister of Economic Development Blerind Stavileci pointed out that work is the only tool of communication, resolution of all problems and opening of new perspectives of development. He underlined that through the realization of joint plans Belgrade and Pristina need to prove to the world that our region is devoted to economic development, and cited the Berlin process as the most important initiative for development. The Head of the Office for Kosovo and Metohija Marko Djuric noted that Belgrade and Pristina are today united in the face of problems that can only be overcome through cooperation – poor economic conditions, huge unemployment and systemic problems in institutions.

Court in Strasbourg: Serbia not guilty of abduction of Serbs in 1999 (RTS/Beta)

The European Court of Human Rights in Strasbourg has ruled in favor of Serbia in the case of two Serbian citizens abducted by the KLA in 1999 in Kosovo, and accepted Serbia’s arguments that it was not responsible for security of the inhabitants in Kosovo after the transfer of control on the ground to KFOR. The Court in Strasbourg ruled that Serbia did not violate article 6, paragraph 1 of the European Convention on Human Rights and rejected the allegations of family members of the abducted and murdered that Serbia denied them the right to a fair trial and access to the court, the ruling states. KLA members abducted on the territory of the Crna Reka municipality on 13 June 1999, the husbands of Slobodanka Stankovic and Sonja Trajkovic, who were later declared dead. The families of the murdered Serbs filed in May 2005 a civil lawsuit against the Republic of Serbia, demanding damages for mental anguish caused by the disappearance and murder of their husbands. The municipal and district courts estimated that Serbia was not responsible for their cases, noting that KFOR, to whom the Serbian authorities handed over control over Kosovo following the NATO bombing on 9 June 1999, was obliged to guarantee security to all Kosovo inhabitants. Referring to article 6, paragraph 1 of the European Convention on Human Rights, the families of the abducted and murdered Serbs complained to the European Court of Human Rights because domestic courts rejected their claims for compensation, and accepted identical cases of other plaintiffs from the same period. In other cases, courts accepted that Serbia was really responsible for the lives and security of all Kosovo inhabitants until the transfer of effective control to KFOR.

REGIONAL PRESS

Bosniak Caucus vetoed the conclusions of the RS Assembly (Klix)

The Bosniak Caucus in the Council of Peoples of the Republika Srpska (RS) reached the decision on launching the procedure of protection of vital national interest of Bosniak people on the conclusions of the RS National Assembly from December 10, “on illegal and unconstitutional conduct” of the State Investigation and Protection Agency (SIPA) during the action at the territory of Novi Grad/Bosanski Novi. “Judicial institutions and law enforcement bodies on state level have jurisdiction to act in full capacity at the territory of the entire B&H. That jurisdiction must not be challenged, and entities have a constitutional obligation to act in accordance with decisions of institutions of B&H,” highlighted the Head of Bosniak Caucus Mujo Hadziomerovic. The Bosniak Caucus finds unacceptable verbal statements by the Minister of Internal Affairs of RS Dragan Lukac, which he delivered at the session of the RS National Assembly on December 10, regarding the action in Novi Grad/Bosanski Novi. As Hadziomerovic pointed out, the Prosecutor’s Office of B&H and SIPA are institutions which are constitutionally in charge of revealing and processing the most serious forms of organized crime, war crime and terrorism. “If you ban the access for these institutions on half of the territory of B&H, B&H and its citizens will certainly feel the consequences on their safety, the Bosniaks in RS will be under pressure and we rightfully feel threatened in the fullest sense of that word,” Hadziomerovic stated. According to the conclusions voted for by 43 national delegates, the National Assembly confirms that the action of SIPA in Novi Grad, regarding the unannounced raid of police station and municipality facilities “strongly violated the Constitution of RS and the Constitution of B&H as well as the laws of RS, and unnecessarily threatened the integrity of the Ministry of Internal Affairs of RS and disturbed the citizens and the public in general”.

Eleven people arrested in connection with Islamic State (Bosna danas/Klix)

Police raids, which were carried out this morning in Sarajevo’s neighborhoods Boljakov Potik, Osijek, Sokolja and other locations in the municipality of Novi Grad, focused on about 15 persons for whom there are information and evidence that they are close or keep contact with radical groups and structures of ISIS, as well as structures connected to people on the battlefields of Syria and Iraq. As announced by the B&H Prosecution, extensive operation is carried out by the police officers of the Federation Police with the support of partner police and intelligence agencies. Two places where radical people were gathering for prayers, as well as several houses and private buildings they use have been searched. Certain evidence showing connection with the structures of ISIS were found, as well as the flag of this organization. “It is important to point out that the searches are also carried out in places near Rajlovac, where two months ago two soldiers of the Armed Forces were killed in a terrorist attack,” reads the statement by the B&H Prosecution. These people are under investigation for criminal offenses of incitement to terrorist activities and recruitment. Head of Federation of B&H Police Dragan Lukac said that more than 100 policemen are involved. The operation is carried out on the order of the B&H Prosecutor’s Office. According to local media, 11 people have been arrested, suspected of criminal offenses related to terrorism. Klix website reports that one of the leaders of the group, who had been preparing a terrorist attack, is arrested. Police seized the evidence which proved that those persons were preparing a terrorist attack.

Interview with Principal Deputy High Representative Bruce G. Berton (Nezavisne)

Nezavisne novine: A lot of emotions have been stirred by the decision about the Republika Srpska (RS) Day. I am always in favor of the rule of law, but it is difficult to uphold the decision of the Constitutional Court which touches on the essence of what many people in RS consider to be part of their identity. How to overcome this situation in an acceptable way?

Bruce G. Berton: Emotions have been running high, and I can understand this. I am also aware of all the media statements and comments that were made about the decision of the Constitutional Court which has not yet been published. It is now time to calm down. When we see the decision we can begin discussing it and look for solutions. Until then I want to talk about the facts, and they are simple. The number one fact is: the Constitutional Court of Bosnia and Herzegovina (B&H) is an integral part of the B&H Constitution – Annex 4 of the Dayton Agreement that guarantees peace in this country and, as such, is essential to its implementation. Fact number two: the Constitution explicitly states that the decisions of the Constitutional Court are final and binding. Nothing is going to change this basic legal requirement which is a fundamental norm of every functioning democracy. As always, the best possible way – in fact, the only way – to overcome this or any other issue is to use democratic procedures in accordance with the constitutional framework of this country to find solutions and to move forward. And this should be done, whenever possible, through constructive dialogue and compromise.

Nezavisne novine: In any legal system decisions are made in the name of people. What happens if the issue is considered against the very same people those institutions are supposed to represent?

Bruce G. Berton: I would argue that decisions are taken in accordance with the Constitution and to maintain Rule of Law. Not everyone will be satisfied with every decision, and that is not unique to B&H. My own country is a case in point. We also have court decisions that many have been opposed to, but we accept those decisions as the law of the land and we move forward. That is what rule of law is all about. So as has happened in many any other countries including this one, one might not be pleased with a decision of the Constitutional Court, or in the case of my country, the Supreme Court. But that in no way changes the fact that court decisions must be respected.

Nezavisne novine: Would it have been easier if those decisions have not been made by foreign judges who overruled the domestic ones?

Bruce G. Berton: The presence of international judges in the Constitutional Court of B&H is explicitly provided for in the Constitution of B&H. They are selected by the President of the European Court of Human Rights following consultations with the B&H Presidency. This stands as a strong guarantee of their professionalism and impartiality. The international judges did not overrule anyone and there is no reason to blame them for decisions we have not even seen yet. I want to say this very clearly: the international judges have done their job in an impartial way in what is a very challenging environment. The reason the environment is so challenging is simple: your political class has come to believe that it is normal and acceptable to launch one political attack after another against the judiciary and against individual rulings. This speaks more about them than the institutions and the decisions they attack. Another thing we need to bear in mind: the law is the same for everyone. It does not change according to the nationality of the judge who applies it. If you were to go through the decisions that the Court has taken over the years you will find that there have been decisions that political representatives of different groups or constituent peoples did not like. But as I said before, that’s what Rule of Law is all about. People are at times not going to like the decisions, but the Rule of Law must still be respected.

Nezavisne novine: Do you not agree that such actions are making the Serb people even more distrustful towards institutions at B&H level?

Bruce G. Berton: I think it is counterproductive to always look at issues through the ethnic prism. Rule of Law cannot work in this way; it must always have primacy and must remain free from political interference. This is in the interests of all law abiding citizens. Since I assumed the duty of Principal Deputy High Representative in September, I have heard one thing over and over from people I meet: they want peace, justice, jobs, pensions – a better future. They want government institutions that do their jobs efficiently and effectively and that serve them rather than serving more narrow interests. And as far as I can see, this has nothing to do with whether you are Serb or Croat or Bosniak.

Nezavisne novine: Some are already trying to get the High Representative to intervene and use the Bonn Powers. What should he do in this situation?

Bruce G. Berton: In the few months that I have been PDHR, I have come to realize that the High Representative’s executive powers are the most talked about part of his mandate. The PIC SB has reiterated its support for the High Representative in ensuring full respect for the Dayton Peace Agreement in and carrying out his mandate under Annex 10 and relevant UN Security Council resolutions, which remains unchanged. As you know, the international community over the years has changed its approach, to be less interventionist in order to give domestic leaders an opportunity to show that they are capable of moving the country forward. That does not mean, however, that we will sit idly by and watch important steps that have improved the everyday life of citizens be rolled back.That being said, I must refrain from any speculation as to when or if the High Representative’s executive powers will be used.

Nezavisne novine: Will there be referendum in RS about the decisions of the High Representative?

Bruce G. Berton: The position of the OHR is clear: In his recent Special Report to the UN Security Council, the HR, in his capacity as the final authority regarding the interpretation of the GFAP, determined the RS to be in clear breach of the GFAP, in particular of Annexes 4 and 10. The PIC SB unequivocally declared that the announced referendum in the RS would represent a fundamental violation of the GFAP, and challenge the cohesion, sovereignty and territorial integrity of B&H. Matters of state judicial institutions fall within the constitutional responsibilities of the state and do not fall under the entity’s constitutional responsibilities, while the status and powers of the High Representative are matters arising under the GFAP and international law, and therefore do not fall within the purview of the entities. Whether the RS authorities will proceed with this clear violation of the Dayton Agreement remains to be seen. You will have to ask them. My clear advice to them, which I take this opportunity to repeat, is to put the referendum aside and to fully respect and work within the framework of the Peace Agreement.

Nezavisne novine: What about the referendum on RS Day? Would that kind of a referendum be in violation of the Dayton Peace Accords?

Bruce G. Berton: To my knowledge such a referendum has not been called. What I can say is that whether it is this issue or any other issue, the political class in this country needs to take actions that increase the possibility of reaching productive compromise rather than limit it. What is the point of taking a position that does not allow for compromise? Is that the approach that is going to work in B&H? I think we all know the answer to that. To address your specific point, I don’t think it is useful to speculate on a referendum until we see what the question is likely to be. If there are further decisions about a referendum then the HR will of course assess them in line with his mandate under the Peace Agreement and Resolutions of the United Nations Security Council, just as he did with the referendum decision that was adopted in July.

Nezavisne novine: Would it be acceptable for RS citizens to express their view, if the question is not whether they oppose the Court decision, but instead if the question is what they think about January 9 as the RS Day?

Bruce G. Berton: I have a far better proposal. Let us wait for the decision to be published, read it and through political dialogue, find an acceptable way to implement it. And while we are waiting, let’s focus our efforts on delivering concrete results to tackle the pressing problems facing so many citizens in this country. I have little doubt that citizens would prefer to see politicians expending their energy on creating jobs, fighting corruption and improving services.

Nezavisne novine: How do you view the latest developments regarding the SIPA operation in the Novi Grad Police Station?

Bruce G. Berton: According to the information available, SIPA indeed informed the RS Ministry of Interior in advance about a planned operation in the area, requesting technical assistance from the ministry, which was duly provided. As far as we understand, there were no incidents whatsoever during the operation and the individuals in question were apprehended. Therefore, it is quite difficult to understand why the RS authorities reacted in the manner we all observed. That question still remains unanswered. One thing is clear: State level law enforcement and judicial authorities have jurisdiction to operate fully throughout B&H and this jurisdiction should be fully and unconditionally respected. The entities have a constitutional obligation to comply with the decisions of the institutions of B&H. I want to be very clear on this point that the independence of the state judiciary and operational independence of the state level law enforcement agencies should not be called into question.

INTERNATIONAL PRESS

Kosovo-Serbia Dialogue ‘Only Among Politicians’ (BIRN, by Petrit Collaku, Antigona Shaipi, 21 December 2015)

Political leaders from Kosovo and Serbia might be talking to each other in Brussels, but the two societies are not communicating at all, a debate in Pristina heard. Petar Miletic, a former member of the Kosovo parliament’s presidency, told the debate on reconciliation in Pristina on Monday that the current EU-brokered talks between Kosovo and Serbia were only a conversation between officials, in which ordinary people are not involved. “The dialogue in Brussels between Kosovo and Serbia is not a dialogue between two societies, but a dialogue between two governments,” said Miletic. “There is no dialogue between Albanians and Serbs but there is a dialogue between [Serbian Prime Minister Aleksandar] Vucic and [Kosovo Prime Minister Isa] Mustafa,” he added. This means that ordinary people do not feel any benefit from the Brussels talks aimed at normalising relations, he argued. Ardian Arifaj, an advisor to Kosovo’s Foreign Minister Hashim Thaci, said that a different kind of honest dialogue was essential for reconciliation between the two societies. “It is not happening, but there is a need to change the narratives that caused the wars and brought about hostilities, which are obstructing authentic reconciliation among the people of the Balkans,” Arifaj said. Kosovo’s former Foreign Minister Enver Hoxhaj, a university professor, said that the reconciliation between Kosovo and Serbia is still a long way off. Hoxhaj said that Serbia is continuing to hamper Kosovo’s integration into international institutions, citing Pristina’s recent failure to become a UNESCO member, which he said was undermined by Belgrade. He argued that Serbia would have to recognise Kosovo’s independence in order for reconciliation to be possible. “The [EU-backed] dialogue for normalisation can serve reconciliation and the aim should be that mutual diplomatic recognition between these two countries is reached,” Hoxhaj said. Meanwhile Zarko Puhovski, a professor and political analyst from Zagreb, said that old foes should find the courage start sharing the responsibility for what happened during the wars. However he argued that wartime politicians could be unable to lead reconciliation processes. “For peace, there is a need for different people,” he said. The debate on reconciliation was organised by the Humanitarian Law Centre’s office in Pristina after similar discussions were held in Skopje, Belgrade and Banja Luka.

Suspected Islamist Extremists Arrested in Bosnia (AP, 22 December 2015)

Police in Bosnia have detained 11 people suspected of links with the Islamic State group and its militants fighting in Syria and Iraq. Police said Tuesday the operation, launched on the orders of the state prosecutor’s office, was continuing in 13 locations in the wider area of Sarajevo.

The prosecutor’s office said in a statement the operation is targeting 15 suspects who have been investigated for “incitement of and recruitment for terrorist attacks” and are believed to be in “close contact” with the Islamic State group militants, including persons fighting in Syria and Iraq. During the search of locations used by suspects, including two places of worship and several private homes, police found and seized evidence confirming such links, the statement added.

Bosnia arrests alleged smugglers of arms to Germany (AFP, 21 December 2015)

Bosnian police arrested five alleged arms traffickers Monday suspected of belonging to a group that smuggled weapons to Germany, prosecutors said. “The suspects are accused of forming an organised group that during 2015 smuggled a significant quantity of weapons, principally guns, ammunition and military equipment” to Germany, said the statement. A large amount of weapons, ammunition and military equipment destined for smuggling in the local market as well as to Serbia and Germany was also seized, the prosecutors’ statement added, without giving further details. Since the 1990s conflicts that marked the breakup of Yugoslavia, the Balkans have been considered a centre for arms trafficking to western Europe. In mid-December Serbian police busted a gang smuggling arms to France, arresting two Serbian nationals and seizing guns and explosives. It came a few days after the head of Serbia’s Zastava arms factory told AFP that it had manufactured some of the arms used in the November 13 attacks in Paris, including a pistol exported to the United States in 2013. German newspaper Bild reported last month that four assault rifles used in the Paris attacks, which left 130 people dead, had been allegedly purchased from a trafficker in Germany.

Montenegro opens two EU accession chapters (EUobserver, by Eric Maurice, 21 December 2015)

The EU opened two new chapters in the accession negotiations with Montenegro during a ministerial accession conference in Brussels Monday (21 December). A week after opening negotiations with Serbia and relaunching talks with Turkey, Montenegro is the third country on the so-called Western Balkan route followed by migrants coming to Europe to see its membership talks move forward. “I am happy to see that enlargement policy has received a new boost,” said Jean Asselborn, Luxembourg’s foreign affairs minister, whose country chairs the rotating EU presidency until next week. “This policy is crucial in addressing current challenges,” he said at the press conference. Montenegro was also invited to join NATO early December in a move to thwart Russian influence in the region. With chapters 14 and 15, on transport and energy, Montenegro has now opened 22 of the 35 chapters of the acquis, the corpus of EU legislation candidate countries have to adopt. Two have been already closed, on science and research, and on culture and education.

Potential accession in 2021

The two previous chapters had been opened last June. “Let’s hope that in the next year or year and a half we may meet all requirements to open all the chapters,” Montenegro’s vice prime minister, Igor Luksic, said at the press conference with Asselborn. “It is very difficult to estimate when the process can end,” Luksic said, adding that “to remain motivated, we keep in mind that, potentially, accession might be in 2021”. The opening of two new chapters in the negotiations that started in 2012 takes place amid a tense political situation in Montenegro, where the opposition has been demonstrating for several months, demanding free and fair elections and setting up camp in the capital Podgorica. On Sunday (20 December), a protest was organised in front of the parliament in Podgorica and a new demonstration is planned for Wednesday.

“We encourage Montenegro’s government to take the necessary decisions to ensure that the rule of law leads to concrete results,” Asselborn said. Ahead of next year’s elections, “it is essential for Montenegro to complete implementation of the new electoral law,” he said. In its latest accession report on Montenegro, published last month, the European Commission said it “expected that all incidents of violence and allegations of excessive use of force [during demonstrations in the autumn] will be duly investigated”. It also pointed out that Montenegro was “moderately prepared” with regards to public administration reform and the judicial system.

‘Challenging process’

In Brussels vice-prime minister Luksic admitted that the “process remains very intensive, very challenging”, citing the rule of law, economic governance and public administration as fields in which Montenegro needs to show results. In its report, the commission noted that “Montenegro has achieved some level of preparation” in the fight against corruption, but that “the track record on effective investigation, prosecution and final convictions in corruption cases, in particular regarding high-level corruption, remains limited.” Things may be moving however, as Svetozar Marovic, a former president of Serbia and Montenegro when the two countries were a federation after the dissolution of Yugoslavia, was arrested on 18 December on corruption charges.