Cablegate: Osce Permanent Council: Replacement of Croatia

DE RUEHC #9370/01 3550004
R 202345Z DEC 07




E.O. 12958: N/A

1. Post is authorized to join consensus on a permanent
council decision, substantively in line with the text at
paragraph 2, to close the Croatia Mission and replace it with
an office with a limited mandate acceptable to the Government
of Croatia. Post should seek deletion of the third paragraph
which begins "Noting the latest Status Report..." as an
overly-positive assessment of Croatia's progress on refugee
returns. However, if deletion of this paragraph would break
consensus on the decision, Post is authorized to join
consensus on the text as it stands.

2. Begin text of decision:

The Permanent Council,

Recalling Permanent Council Decisions Nos.112 dated 18
April 1996 on the establishment of the OSCE Mission to
Croatia, and 176 dated 26 June 1997 on its expansion and
reinforcement, and Nos. 271 dated 19 November 1998, 327 dated
9 December 1999, 345 dated 23 March 2000, 396 dated 14
December 2000, 455 dated 21 December 2001, 514 dated 12
December 2002, 578 dated 18 December 2003, 644 dated 16
December 2004, 695 dated 17 November 2005, and 748 dated 23
November 2006 on the progressive downsizing of the Mission;

Noting the positive resolution of remaining outstanding
issues in the field of Rule of Law such as the increased
State funding to the Constitutional Court and Ombudsman, as
well as the continuous implementation of the minority
employment guarantees of the Constitutional Law on National

Noting the latest Status Report (No.18/ ref no. FR/0017/07 )
of the OSCE Mission to Croatia outlining the progress
achieved in the field of refugee return and integration, in
particular on the agreed benchmarks related to the
implementation of the housing care programmes for former
Occupancy and Tenancy Rights holders;

Decides to close the OSCE Mission to Croatia and to establish
an Office in Zagreb.

The Office in Zagreb is primarily tasked to monitor the
proceedings related to cases referred to Croatia pursuant to
Rule 11 bis of the ICTY,s Rules of Procedure and Evidence on
behalf of the OSCE as well as on behalf of the Prosecutor of
ICTY, in line with the PC Decision no. 673 dated 19 May 2005.
The Office will also monitor, as part of the national
proceedings followed, all other cases involving ICTY
transfers including so-called &Category II8 cases as well
as all domestic war crimes proceedings initiated at the local
level. The Office will also report on residual aspects of the
implementation of the housing care program in Croatia.

In carrying out its tasks the Office will closely work with
government offices and non-governmental bodies and offices as

The Office will facilitate contacts, co-ordinate activities
and promote information exchange with the Chairman-in-Office,
Secretariat and OSCE Institutions. It will also co-operate

with international, regional and between international and
regional partners;

The OSCE Office in Zagreb will report to the Permanent
Council on a regular basis on the implementation of the
mandate and the activities of the Office.

In its reporting the confidentiality of the proceedings and
the protection of victims and witnesses, as foreseen by the
ICTY Statute and its &Rules of Procedure and Evidence8, as
well as the respective rules of the Croatian Courts shall be
fully respected.

The Office will be located in Zagreb. It will be led by a
Head of Office assisted by an adequate number of
international members supported by national staff to
implement the above mentioned tasks in an appropriate way.
The Head of Office has the authority to assign staff as
she/he deems necessary to most effectively support Croatia in
the completion of tasks under the mandate.

The Permanent Council tasks the Secretary General to present
by 31 December 2007 a revised 2008 Unified Budget proposal to
reflect the financial implications of the establishment of
the Office in Zagreb. Pending adoption of a decision on this
issue, the OSCE Office in Zagreb is authorized to use

STATE 00169370 002 OF 002

appropriate resources not to exceed the resources foreseen
for the former Mission to Croatia in the 2008 Unified Budget
proposal (PC.ACMF/61/07 of 1 October 2007).

The duration of the Office will be until 31 December 2008.
Extensions and possible changes of its mandate will be
subject to new decisions of the Permanent Council.

The rights and obligations established with the OSCE Mission
to Croatia will be continued with the OSCE Office in Zagreb.
The rights and obligations of the Mission will therefore be
transferred to the Office to the extent covered by the

A Memorandum of Understanding regarding the modalities of the
OSCE Office in Zagreb will be signed between the Government
of Croatia and the OSCE Secretary General or his duly
authorized representative. Until this Memorandum of
Understanding enters into force, the present Memorandum of
Understanding concluded between the OSCE and the Government
of the Republic of Croatia on 29 August 1996 and its agreed
amendments will remain in effect and applied to the Office.

End text of Decision.

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