Belgrade DMH 161013

LOCAL PRESS

Dacic: Most favorable EC report so far (Radio Serbia/RTS/Tanjug/B92)

Serbian Prime Minister Ivica Dacic has assessed that the European Commission Report on Serbia’s progress towards the EU, submitted to him by the Head of the EU Delegation to Serbia Michael Davenport, is the most favorable so far, stressing that Serbia will continue to fulfill criteria and implement internal reforms. “The key important assessment in the Report is that relations between Serbia and the EU have entered a new phase, that there is qualitative progress in the reforms in Serbia, as well as the assessment regarding the issue of stability and cooperation in the region and the dialogue with Pristina,” said Dacic. He  says Serbia will focus the attention to the existing objections. “Our goal is not only for Serbia to join the EU, but for Europe to come here,” said Dacic. The Prime Minister announced that the first session of the Council for Implementing the Association and Stabilization Agreement will be held on 21 October. The EU High Representative Catherine Ashton will preside over that session, which is a special honor for Serbia, because this is not common, said Dacic.

Serbia finds unacceptable reduction of international presence in Kosovo and Metohija (Novosti)

Belgrade will strongly oppose all attempts to reduce international presence in Kosovo and Metohija and the jurisdictions of the EULEX Mission,” the Serbian state leadership told Novosti. Diplomatic circles state that most of the EU member states oppose the demands of Germany and Great Britain for EULEX to transfer on the government in Pristina a large part of executive authorities in southern Kosovo, in the sectors of customs, judiciary and police. EULEX told Novosti that underway are talks on consensual transition of the mission: “There is general accord that EULEX should not stay too long. We will leave, but we don’t want to leave behind weak institutions prone to political influence, culture of non-punishment and corruption,” EULEX spokesperson Irina Gudeljevic told Novosti. Belgrade’s dissatisfaction was also conveyed to U.S. Ambassador to Serbia Michael Kirby by Prime Minister Ivica Dacic who requested that Pristina fulfill its part of the obligations of the Brussels agreement so conditions could be created for fair local elections. Serbian Minister in charge of Kosovo and Metohija Aleksandar Vulin also conveyed that the information on reducing presence of the international community in the province was disturbing. There is also news that the Swedish unit within KFOR in Gracanica is leaving the base. “An eventual change of EULEX’s mandate is not something that can be unilaterally decided by Pristina, as this needs to be examined within the UN Security Council,” said Vulin. In the meantime, Belgrade is preparing a detailed plan of the visits of state officials to Kosovo and Metohija. The idea is for all members of Dacic’s cabinet to do so by 3 November, and he will visit the province most probably on 19 October.

Simic: Kosovo elections biggest challenge (RTS)

The European Commission will present today the annual report on Serbia’s progress in the Euro-integration process. Professor at the Belgrade Political Science Faculty Predrag Simic told the morning broadcast of Radio and Television of Serbia (RTS) that good news are certainly arriving from Brussels and that only one issue is above all other issues for the EU, and this is the Kosovo issue. “Our status will depend from the outcome of the 3 November elections since we have been listening to Western diplomats’ numerous praises regarding the authorities, that they are finally fulfilling promises. I think that the biggest challenge and hurdle that needs to be celared are the elections in Kosovo,” says Simic. Asked whether Serbia can expect a status conference in December, Simic says there are also other issues and he doesn’t exclude the possibility of a surprise. “Last year, when we finally resolved the issue with the Germans regarding candidacy, Romania showed up at the last moment with its own issues. I know there are presently several issues that may open if someone really cares as this is typical for this phase of relations with the EU and this is the last opportunity for those who have unsettled issues to present them,” says Simic. He says he specifically has in mind Croatia and the mutual lawsuits in The Hague, the issue of cigarettes, gay parades, Presevo Valley. “If the Kosovo elections pass well and if the Union of Serb Municipalities is formed normally, I think Serbia can have a break, receive the status conference and then prepare for everything else that waits in the negotiations,” says Simic. He believes the report of the European Commission will be the most positive so far, but it is no reason for either a triumphant or defeatist mood. “We will have to fulfill more conditions than Croatia towards the EU. Finally, this famous Chapter 35, which was only a transitional provision for everyone, contains Kosovo and it will be important both at the beginning and at the end of the talks,” said Simic.

A Thorn in the Eye (Politika, by Ana Otasevic)

What has Serbia failed to ask of the United Nations

It is not easy to be a Serb today. All those Serbs who live outside the country, in the West, know this. Serbian politicians and diplomats, who represent the country in international organizations, also know this. That is why the role of Vuk Jeremic, who was the presiding of the United Nations General Assembly for one year, had been extremely important for Serbia.

Serbia had a tremendous opportunity for its voice to be heard on the international scene. It used this opportunity only partially, because it couldn’t, or didn’t want to, launch debates about the most important issue of its internal policy, namely the issue of the Serbian autonomous province of Kosovo. More precisely, the issue of human rights violations in the province of Kosovo while it is under the watch of the UN, EU and NATO. This was discussed only on the fly, in the debate on role of ad hoc tribunals created by the UN, namely in the context of the International Criminal Tribunal for the former Yugoslavia.

The General Assembly was the right stage for launching the issue of Kosovo.

Not only because one of the main missions of the UN Organization is to watch over human rights in the world and to encourage adherence to international law, but also because the issue of human rights in the province of Kosovo is within UN’s jurisdiction.

There was also a good reason for launching this debate. In December 2012, the UNMIK Advisory Panel on Human Rights, at one of its sessions in Pristina, delivered an opinion regarding cases of missing and murdered persons, with the conclusion that the United Nations Interim Administration Mission in Kosovo (UNMIK) violated the obligation under Article 2 of the European Convention on Human Rights, on account of not having mounted an effective investigation in a case involving abduction and murder. This Panel, established by UNMIK in 2006 with the goal of investigating accusations that the Mission has violated human rights, directly reports to the Special Representative of UN Secretary-General Ban Ki-moon.

It serves as a means to sort of account for the police and justice system UNMIK managed, a unique mechanism in the history of the UN. A team of three experts for international law with great reputation in the world, with former ombudsperson Marek Nowitzki at the helm, has so far determined that, in 153 cases, UNMIK violated numerous principles from conventions on human rights, including the Universal Declaration of Human Rights and the European Convention on Human Rights. The Panel determined that UNMIK police and investigators have failed to prevent some of the most serious forms of human rights violations, including violations of the right to life, prevention of torture, inhumane and degrading treatment, due process through court investigation in cases of missing and murdered, right to a just trial, adequate housing, health care and living standards. In one word, that the Mission, whose jurisdiction is promotion of human rights, has violated these rights.

And what happened? Nothing. The powers of the Panel are only advisory. There is not an international mechanism that would try the former leaders of a United Nations mission that didn’t carry out its duties. The guilt has been determined, but there is no way of punishing the culprits. Nor to determine indemnity to victims. UNMIK thought it was sufficient to send, after the Panel’s decision, an apology letter to those for whose suffering the Mission, and its former leaders, are responsible. “This form of indemnity is encouraged by the UN General Assembly and it is used in the Inter-American Court of Human Rights in decisions on missing and murdered persons,” reads the report of the Panel for the year 2012.

Why didn’t Serbia launch the issue of human rights violations in Kosovo when it had a unique opportunity to do so? Why hasn’t it presented to the “highest world stage,” as Jeremic writes, the results of the Panel’s work, which remain unknown to the world and the domestic public of the UN Member State in which UNMIK is deployed? Why hasn’t it pointed to UNMIK’s pressures, endured by this Panel, whose closure is envisaged next year? Why hasn’t Serbia insisted on expanding and extending the Panel’s mandate, taking into consideration the complexity and severity of cases it is dealing with?

Are the human rights of Serbs, Romas, Albanians and others, whose cases the Panel of international experts has been examining, less important to Serbia than the rights of endangered Palestinians or Syrians?

If the United Nations have determined that their Mission is violating, or has violated, human rights in Kosovo, then how does one expect that those, whose elementary human rights are not respected, will turn out for the upcoming municipal elections in the province?

Perhaps herein lies the reason for Vuk Jeremic’s refusal to state his opinion on whether the Serbs should take part in the elections in Kosovo.

Avoiding uncomfortable questions is the best recipe for longevity in politics and journalism.

The question is that of a political thorn in the eye of the powers that be. If he says that he supports Kosovo Serbs’ turnout for the elections, then he is of the same position as that of the current authorities, whose political opponent he has been until yesterday. But this is also a more correct political response. If he says that he doesn’t support Kosovo Serbs’ turnout for the elections, he will be accused of being an obscure Serb nationalist, as opposed to Vucic and Dacic, who will be seen as the real cosmopolitans.

The choice is between petty-political calculations and political courage to take a clear stand and express sincere beliefs. The first option is a more comfortable option, the second is worthy of respect. In this choice lies the difference between a careerist and a politician with a vision.

 

REGIONAL PRESS

Covic: Sejdic-Finci not a solution to Croat question (Fena)

The leader of the HDZ B&H Dragan Covic said in an interview with Fena that the EU will not propose any solution for implementing the Sejdic-Finci ruling, but that it is left to the parties to, in the coming days, agree on the newest proposal, as he said, “with virtual electoral units.”

“The European Commission will not give us any proposal for a solution. It all boils down to this new proposal and in five or six days we should agree on it. Whether we will reach a bilateral agreement with some of the parties in this period, we shall see. If we don’t agree, then there will be nothing from this,” the Covic said, adding that they will not discuss with the SDP. Covic said that it was not by design that the EU would send one of its proposals and this is not their proposal, but rather that from the numerous discussions in the past a solution that is closest to all solutions proposed in the last month and that would eventually resolve the issue so that one people cannot elect a member of the B&H Presidency for another people. He also explained that the model with so-called virtual or floating electoral units is in competition with the combination of two models, and the combination of multiethnic representation of the model proposed by the SDA. According to the new model, “the electoral unit would be the B&H Federation, and everyone could campaign for election to the B&H Presidency, which would respect the implementation of the Sejdic-Finci ruling. Two members of the Presidency would be elected in a manner by which the first would receive the total number of votes in the B&H Federation, but votes would be tabulated by cantons. This means that, beside the name of each candidate, it would read how many votes they received in an individual canton. Then they would tabulate the best results for that candidate in five cantons and the cantons would be crossed off. The second candidate would be elected on the basis of the most votes received from the remaining five cantons,” Covic explained.  He added that Bosniaks sought to emphasize in this model that members of the Presidency cannot be elected from the same people, but that for the HDZ B&H this is unacceptable. He stressed that it is most important in this entire process that the Croat people have the right to select their member of the B&H Presidency, whoever that would be and whatever their political affiliation. “It is only important for us that the Croat people have the right to choose their candidate, and whom they elect is less important. It is important that a Croat has the right to choose whom they want, the same as Bosniaks wanted Komsic to be their member of the B&H Presidency,” said Covic. To the question of how he would comment on the newest statement by the SB leader Fahrudin Radoncic, that it is best that members of the B&H Presidency are elected by an indirect method, Covic said that this speaks to the lack of much optimism when it comes to an agreement on the proposal with the so-called virtual or floating electoral units. “The indirect method of election for members of the B&H Presidency is good, but the Republika Srpska (RS) would need to support this model as well,” explained Covic. To the question of possible sanctions by Europe toward B&H if Sejdic-Finci isn’t implemented, Covic said that voices in the EU will be ever stronger that B&H is not handling the rulings from Strasbourg, and that it does not place a priority on European integrations. “The thing about the country is whether someone will be included or not, but conditions for IPA funds should not be set up because of this,” said Covic. He returned to polling of certain parties from the B&H Federation and RS that the process of implementing Sejdic-Finci boils down to resolving the Croat question. Covic rejected this, saying that the HDZ B&H, in realizing this ruling, is not seeking a resolution to the Croat question in B&H, nor is this a resolution for the Croat question. “I would be only too happy when we would resolve the Croat question with this, but we weren’t even open to this question. We just need to resolve it. This is primarily the resolution of Sejdic-Finci, and what kind of representatives of the Croat people in B&H would we be when resolving the ruling from Strasbourg, if we wouldn’t try to correct injustices around the election for the Croat member of the B&H Presidency,” said Covic. He added that talk of resolving the Croat question is only intended to “dump” responsibility on the HDZ B&H in case of failure to implement the Sejdic-Finci ruling.

RS Constitutional Court: Bosniak request for protection of national interest on gravesites law entering into procedure (Oslobodjenje)

The Council for Protection of Vital Interest at the RS Constitutional Court at a session held in Banja Luka, in accordance with the constitution and the law on affirmation of responsibilities, adopted a decision by which it was decided that the request from the Bosniak caucus in the Council of Peoples of the RS for confirmation of damage to the vital national interest of the Bosniak people with the law on changes and amendments to the graves and gravesite activities law – adopted by the National Assembly on 18 July 2013 – was accepted. In a press release, they state that the “subject of decision by the Council was the question of acceptability of the stated request, or the existence of conditions for meritorious consideration and decision on the issue of whether the vital national interest of the Bosniak people is threatened with the disputed law.” “The Bosniak caucus sees a threat to these vital national interests in what by law is ordered that above-ground memorials are decided on by local communities and not the family, expressing concern for local communities in which assemblies do not have representatives of Bosniak nationality, who would present the interests of the Bosniak constitutive people,” the statement reads. Deciding on the acceptability of the request in relation to the disputed law, the Council confirmed that in a concrete case the procedure is in agreement with the 82^nd Amendment to the RS Constitution, which fulfills Article 70 of the Constitution, as well as fulfilling the remaining procedural recommendations for the acceptability of the request. The Council will make a decision on the request on 6 November 2013.

 

INTERNATIONAL PRESS

EU Urges Serbia Progress With Kosovo as Entry Talks Loom (Bloomberg, by Gordana Filipovic, 16 October 2013)

The European Union urged Serbia to keep on mending ties with its former province of Kosovo, as well as strengthen the judiciary, step up the fight against corruption and bolster the economy as it seeks to join the bloc.

“Continued visible and sustainable progress in the normalization of relations with Kosovo” will remain “essential,” the European Commission said in a progress report today. EU leaders plan to start entry talks with Serbia by January.

Serbia and Kosovo signed a landmark agreement in April to improve relations, paving the way to reconciliation five years after Kosovo declared independence. The agreement is not supported by the Serbian community in Kosovo and the EU expects Prime Minister Ivica Dacic’s cabinet to “continue to encourage wide participation of Kosovo Serbs” in Nov. 3 local elections.

Serbia and Kosovo need deeper EU ties after the civil wars of the 1990s stunted the Balkan region’s transition from communism and wreaked economic havoc. Slovenia and Croatia are EU members, and Montenegro has started membership talks. The commission today urged granting Albania the status of candidate country and called for talks to start with the Republic of Macedonia. Bosnia-Herzegovina, divided between Serbian and Muslim-Croat enclaves, lags behind.

Serbs consider Kosovo the cradle of their culture and have vowed never to accept its independence. Kosovo is recognized by more than 90 countries, including the U.S. and 23 of the EU’s 28 member states.

Legal Uncertainty

The commission urged Serbia to ensure the independence of judges, root out corruption and strengthen crime-fighting. Serbia also needs to increase media freedom, protect minorities and vulnerable groups, the commission said.

Corruption and legal uncertainty hampers “the functioning of market mechanisms,” the commission said, citing a need to overhaul the economy to prepare for competition within the EU. Measures should aim at building a competitive private sector, in an economy where state presence is “significant,” state companies are unprofitable and the shadow economy “remains an important challenge.”

Serbia unveiled measures on Oct. 8 to consolidate public finances, as two recessions in three years led to a deepening deficit and swelling debt. The plan includes tax increases, a higher retirement age for women, lower subsidies to state-owned companies and crackdown on the shadow economy.

Serbia Rightists Slam Patriarch on Kosovo Polls (BIRN, 16 October 2013)

After Church leader Irinej angered hard-line nationalist by calling on Serbs in Kosovo to take part in elections run by the Pristina authorities, some have told him to quit.

An extreme right movement in Serbia, SNP Nasi, has called on Patriarch Irinej, head of the Serbian Orthodox Church, to resign for advising Kosovo Serbs to vote in elections.

"An open call to Serbs to vote in the elections ... is an act unworthy of a Serbian Patriarch and we openly urge your Holiness to decide whether you are the Serbian Patriarch or obedient to the party in power," SNP Nasi said in an open letter to the head of the Church.

The words of condemnation comes after Patriarch Irinej advised the Serb minority in Kosovo to take part in elections run by the Kosovo authorities.

Although Serbia has vowed never to recognise the independence of Kosovo, which declared its statehood in 2008, Serbia and Kosovo signed a deal on "normalising" relations in Brussels in April.

Following the conclusion of the deal, the Belgrade authorities have been encouraging Serbs to take part in the Kosovo elections on November 3.

According to SNP Nasi, by calling on people to vote, Patriarch Irinej has undermined the Serbian people and its interests.

"If you are afraid or not aware of what situation the Serbian people are in now, retreat from the throne and leave it to someone more capable than you," it said.

Another rightist party, Dveri, also condemned the Patriarch's move, saying he had no right to talk like that on behalf of the Church and its believers.

"Violation of the constitution of Serbia, the surrender and betrayal of Kosovo and Metohija and the practical recognition of Kosovo's independence is something that we cannot agree with," Dveri said in a statement.

Dveri and SNP Nasi are known for their hostility to abortion and gay rights, and for their close ties to the Serbian Orthodox Church - hitherto normally seen as a reliable nationalist bulwark.

The last local elections in Kosovo were held in November 2009, but the vote was boycotted in the northern Serb-run municipalities, where local leaders were elected in a separate vote organised by Belgrade.

Macedonian Opposition Denounces 'Political' Arrest (BIRN, by Sinisa Jakov Marusic, 15 October 2013)

Macedonia's main opposition party on Tuesday staged a protest rally over what it called the politically motivated arrest of the chief of Skopje’s central municipality.

Opposition leaders and several hundred supporters protested before the Criminal Court in Skopje on Tuesday, demanding release of party member Milorad Sipovic.

Despite fears of incidents, the protest passed off peacefully.

“Disrespect of the presumption of innocence and the ease of detaining people have become part of daily life here,” the Social Democrat leader, Zoran Zaev, said.

He compared Macedonia under Nikola Gruevski to a Nazi German death camp.

“Figuratively speaking, we all carry a yellow ribbon on our shoulders. It is just a matter of time when we are going to be called under a [gas] shower,” he said.

The entire opposition leadership offered their joint assets as guarantee to the court for Sipovic’s release from detention.

The head of the opposition-led council in the capital’s municipality of Centar was detained on Tuesday at Vienna airport while returning home from a private stay in the United States.

Austria acted on an international arrest warrant issued by the Macedonian courts one day earlier.

“This is harassment by the Macedonian police. Why else would they arrest me in Vienna moments before boarding a flight to Skopje?” Sipovic told Radio Free Europe on Tuesday.

The opposition protesters in Skopje carried banners and chanted: “Freedom for Sipovic” and: “Do not rape Centar.”

Police say Sipovic is the main suspect in a million-euro fraud case centred on a company, Masino Promet.

Last Wednesday, in a large-scale operation dubbed "Chairman", police arrested 12 people, most on the board of Masino Promet. Sipovic’s brother was one.

In its reaction to the protest, the court said it could not take into consideration “politically driven appeals” for someone’s release.

The detention of Sipovic has important political consequences.

It has the potential to change the balance power in the important municipality of Centar, where the opposition has a majority of just one councillor over the main ruling VMRO DPMNE party of Prime Minister Gruevski.

The mayor of Centar, Andrej Zernovski, said the arrest warrant for Sipovic was part of a government attempt to win back power there. He said he was not worried by ongoing rumours about his likely arrest as well.

Zernovski took office earlier this year and now runs what was previously a key bastion of VMRO DPMNE.

In another act of protest, on Sunday the opposition decided to freeze participation by its mayors in the Association of Municipalities, ZELS.

Opposition legislators also pulled out of the parliamentary body tasked with implementing the report on last December's incidents in parliament, which caused a lengthy political crisis.

In addition, opposition councillors in the municipalities said they would boycott upcoming sessions in their respective local councils in protest against “politically-driven cases and a politically-influenced judiciary”.

The fresh mobilisation in opposition ranks happens just weeks after the government and opposition signed a joint, EU-brokered crisis report, which appeared to put a lid on the political turmoil sparked by last year’s events in parliament.