Humanitarian situation of returnees to Kosovo
Reply to Recommendation
| Doc. 9141
| 26 June 2001
1. In replying to
Recommendations 1508 (2001),
1509 (2001) and
1510 (2001) of the
Parliamentary Assembly on, respectively, “The situation in Kosovo
and the neighbouring regions”, “Human rights and the rule of law
in Kosovo”, and “The humanitarian situation of returnees to Kosovo”,
the Committee of Ministers recalls that it continues to co-operate
with the United Nations (UN), the OSCE and other international organisations present
in Kosovo, and that it has transmitted the present recommendations
to them, drawing attention to those paragraphs where the Parliamentary
Assembly has made specific mention of them. In view of the various references
to the Kfor military force, it has also transmitted the recommendations
to this body.
2. At the 108th Session of the Committee of Ministers (Strasbourg,
10-11 May 2001), the Ministers stressed the Council of Europe’s
continuing contribution to full implementation of Resolution 1244
of the United Nations Security Council. With regard in particular
to paragraph 37 of
Recommendation
1508 (2001), the Committee of Ministers notes that the
Council of Europe has received an official request from Mr Hans Haekkerup,
the Special Representative of the Secretary General (SRSG) of the
UN, and Ambassador Daan Everts, Deputy UN SRSG, to co-ordinate the
long-term monitoring of the legislative election process (culminating
in the elections of 17 November 2001). This observation mission,
the modalities of which are currently under consideration, will
consist of three components: registration, long-term election observation, and
short-term election observation. The Committee of Ministers has
expressed the hope that all communities will register and take part
in these elections.
3. As far as
Recommendation
1509 (2001) is concerned, the Council of Europe, both
through its secretariat presence in Pristina, and through the provision
of expertise, continues to assist efforts undertaken by the international
community to consolidate the rule of law in Kosovo (see paragraph 12.i
of the said recommendation). The head of office continues to participate
in the weekly meetings of the Joint Advisory Council on Legislative
Matters (JAC) and in meetings of its Working Group on the Criminal
Code. Expert comments have been submitted on the draft regulation
on the establishment of the Kosovo Judicial and Prosecutorial Council;
this council is now established. The Council of Europe was involved
in drawing up the statute of the Kosovo Judicial Institute (KJI),
and co-operated with the KJI in the organisation on 15 and 16 March
2001 of a seminar on criminal procedure.
At the beginning of May 2001 the secretariat office completed
a comprehensive one-year programme to train all the local judges
of Kosovo in Articles 5 and 6 of the European Convention on Human
Rights (ECHR), under a voluntary contribution from the US State
Department. This programme finished with successful seminars in the
difficult areas of Gjilan and Mitrovica. A round table was then
organised for international judges and prosecutors on Articles 5
and 6 of the ECHR.
Council of Europe experts participated in the working group
set up by the UN SRSG to draft a constitutional framework for the
provisional self-government of Kosovo. The Council of Europe will
now assist in efforts to raise public awareness of this document,
which was signed on 15 May 2001 by the UN SRSG.
4. With regard to paragraph 12.iii of
Recommendation 1509 (2001),
the Ministers’ Deputies draw the attention of the Assembly to the
on-going activities concerning legal assistance and awareness-raising
on human rights issues, in particular concerning laying down the
bases for a wide-ranging campaign on human rights in co-operation
with the OSCE, human rights NGOs, and other international organisations,
including the UNHCR. The Council of Europe has also participated
in activities aimed at promoting the development of local NGO structures.
5. The staff in the office will be reinforced by the addition
of an international legal expert in the near future, which should
respond in some measure to concerns raised by the Assembly regarding
paragraph 12.vii of
Recommendation
1509 (2001), as well as in paragraph 12.
b of
Recommendation 1510 (2001). In this
respect, it is also recalled that the Council of Europe does indeed
remain strongly committed to the process of the democratic reconstruction
of Kosovo.
6. In general terms, the Committee of Ministers has transmitted
Recommendation 1510 (2001) to governments
of the member states, drawing their attention to paragraph 10 thereof,
as well as to relevant international organisations, with particular
reference to paragraph 11.
7. In their Final Communiqué, the Ministers, at their 108th Session,
gave their full backing to the efforts of the main political forces
which had undertaken to form an enlarged government coalition and
condemned the violent actions by armed Albanian extremist groups
threatening the stability of “the former Yugoslav Republic of Macedonia”,
and strongly reaffirmed their support for its territorial integrity.
Referring to the continued need for productive dialogue, the Ministers
welcomed the establishment, under the leadership of President Trajkovski,
of an institutional mechanism for an enhanced dialogue, within which
an all-party Europe committee has been set up with a view to pursuing
the necessary political, legal and economic reforms to ensure that
all citizens irrespective of their ethnic origins feel they have
a stake in the country’s development. The Council of Europe stands
ready to provide assistance to this initiative, and the Committee
of Ministers will continue to follow the developments in “the former
Yugoslav Republic of Macedonia”, notably in the light of the formation of
the new government.
In this connection, in a statement issued on the situation
in “the former Yugoslav Republic of Macedonia” on 15 June 2001,
Mr Ernst Walch, Minister for Foreign Affairs of Liechtenstein and
Chairman-in-Office of the Committee of Ministers, welcomed the plan
which was agreed on 12 June 2001 at the level of the government of
national unity, under the leadership of President Trajkovski, and
called for its implementation in good faith.
He also reaffirmed “the Committee’s support for the territorial
integrity of the country and – in line with the President’s efforts
and opposing any radicalisation of positions – expresses his concern
at recent outbreaks of ethnically motivated violence and calls upon
political leaders, representatives of the ethnic communities and upon
the population at large to abstain from any acts of reprisal and
revenge in an already sufficiently tense situation. Being particularly
concerned at the deteriorating humanitarian situation, he stresses
the need for unimpeded delivery of humanitarian assistance and urges
the authorities to continue to ensure full respect for the rule
of law and to safeguard human rights.”
8. The Committee of Ministers takes note with satisfaction
of the Assembly’s continued engagement with the countries of the
region in seeking solutions to the ongoing problems there.”
