New constitution offers fresh start for Serbia

BELGRADE, Oct 30 (Reuters) Serbs adopted their first constitution of the post-Milosevic era, clearing the decks for an early general election expected by the end of the year.

Prime Minister Vojislav Kostunica, who propelled the bill through parliament, said it marked ''a new start for Serbia'', the republic at the heart of the socialist Yugoslav federation until it was torn apart by war fomented in Belgrade.

''This is a historic moment, the beginning of new phase in Serbia's development,'' said the reformist leader, who took over when strongman Sloboban Milosevic was ousted in 2000.

The respected national polling organisation CESID said 51.4 percent of the 6.6 million electorate approved the constitution in a two-day referendum that was saved by a last-minute surge to the polls, pushing turnout over the 50 percent minimum.

Kostunica called the turnout more than satisfying. But critics said it highlighted how remote constitutional law was from the bread-and-butter concerns of most people in Serbia, now last in the Balkan queue to join the European Union.

Serbia's break with the Milosevic era was stalled when Kostunica's conservative, nationalist sentiments created a rift in the pro-Western reform movement with then prime minister Zoran Djindjic, who was assassinated in March 2003.

The country's path to EU membership was blocked by Brussels in May over its failure to arrest top war crimes fugitive Ratko Mladic, the Bosnian Serb commander wanted for the Srebrenica massacre of 8,000 Muslim captives in the summer of 1995.

With no love lost, Djindjic's successors nevertheless made common cause with Kostunica this month to get the constitution cleared, so each can vie for power in what is likely to be a three-way struggle with the ultranationalist Radical Party.

Elections are likely to be a topic of discussion among the main parties today. A special session of parliament could be held on November 5, and a date might finally be set then.

Speculation has centred on December 17 or December 24.

THE LEGAL HIGH GROUND But the Milosevic legacy continues to dog the country.

Kostunica said Serbs backed the constitution's affirmation that the breakaway province of Kosovo, which Milosevic lost to NATO, is an ''inalienable'' part of sovereign Serbia and must not get independence, as its Albanian majority demands.

Claiming the legal high ground where Milosevic lost the moral high ground, he said: ''By defending Kosovo, we are defending something more than our interests, more than the issue of stability in the region. We are defending international law.'' Kosovo Albanians, who lost 10,000 dead in the 1998-99 insurgency, were not on the voting lists and ignored the referendum. Albanian commentators said it was further proof that Serbia wants to keep the land, but not the people living on it.

Serb critics said the Kosovo clause was simply a fig leaf to help leaders duck responsibility for its impending loss.

The United States, which led NATO into Kosovo in 1999 and favours its independence, has said the clause on Kosovo will have no impact on a decision on the province's status.

But it appears increasingly likely that the U.N. decision will now be delayed until a new government sits in Belgrade.

Kostunica and his pro-Western rival, President Boris Tadic, both hope for a strong grip on the next parliament, to counter constant pressure from the ultranationalist Radical Party.

''I expect new elections after this referendum,'' Tadic told Reuters. ''And I expect after those elections to see a very strong democratic majority and a democratic government which is going to lead Serbia to the European Union.'' Reuters DH VP0605