Current situation in Kosovo
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 24 January 2007 (5th Sitting) (see Doc. 11018, report of the Political Affairs Committee, rapporteur:
Lord Russell-Johnston). Text adopted
by the Assembly on 24 January 2007 (6th Sitting).
- Thesaurus
1. Since Parliamentary Assembly
Resolution 1453 (2005) on the current situation in Kosovo, several changes
have affected the province. However, the disappearance of a symbolic
figure such as President Ibrahim Rugova and a reshuffling in the
leadership of the Provisional Institutions of Self-Government (PISG) have
not impaired political continuity; in February 2006, negotiations
on technical issues started under the mediation of United Nations
Special Envoy Martti Ahtisaari.
2. The Parliamentary Assembly recalls that the European Union
heads of state and government promised a “European perspective”
to the countries of the Western Balkans at their Thessaloníki Summit
on 21 June 2003, which has since been constantly reaffirmed. The
perspective of joining the European integration process is a powerful
incentive to undertake the necessary political and economic reforms
as well as promoting regional co-operation and stability.
3. The beginning of direct status talks between Serbia and Kosovo
Albanian representatives in July has marked a new stage in the search
for a solution to the issue of Kosovo’s status. The Assembly reiterates
its conviction that Kosovo’s status should be defined as a matter
of urgency, in order to help bring stability to the people of the
region; create the conditions for the development of fully responsible,
accountable and representative institutions of Kosovo enjoying the
trust of the population as a whole; strengthen democracy; establish
the foundations for economic growth; and contribute to the further
consolidation of peaceful and neighbourly relations in the Western
Balkans in the perspective of their progressive European integration.
4. The Assembly is concerned about the unlikelihood of reaching
an agreed solution on the status issue given the positions held
by the two negotiating parties: there is no sign of willingness
from Serbia to move away from the demand for Kosovo to be autonomous
under Serbian sovereignty on the one hand, and from Kosovo Albanians
to give up their demand for Kosovo’s full independence on the other.
5. The Assembly therefore encourages the Serbian authorities
and the PISG to adopt a flexible and pragmatic approach during the
status negotiations.
6. The Assembly is aware that recent months have been particularly
daunting for Serbia, in view of Slobodan Milosevic’s death and the
way it has been perceived by public opinion; the tense relations
with the International Criminal Tribunal for the former Yugoslavia
(ICTY) due to Serbia’s failure to apprehend Ratko Mladic and other
war criminals, the resulting suspension of the Stabilisation Association
Agreement (SAA) with the European Union and the dissolution of the
state union with Montenegro. At this delicate stage of the status process,
it is the responsibility of the Serbian political leadership to
play an active role in preventing any further aggravation of the
feeling of victimisation within public opinion as well as the spreading
of anti-European attitudes.
7. A negotiated and mutually accepted solution to Kosovo’s status
is the best guarantee that the outcome will not be disputed in the
future. However, should a deadlock protract negotiations beyond
a reasonable time frame, thus perpetuating insecurity and instability
and rendering a normalisation of the lives of people in Kosovo impossible,
it might be necessary to envisage the eventuality of an internationally-imposed
solution as the last and extreme resort.
8. For stabilisation in the Western Balkans, regardless of the
future status of Kosovo, a number of conditions should be met, including
the compliance of Kosovo’s constitutional framework with European standards
relating to democracy, good governance, the rule of law, human rights
and the protection of national minorities; special safeguards for
minority communities and cultural heritage; the full applicability
throughout its territory of the main international instruments in
these fields, including the European Convention on Human Rights
(ETS No. 5) and the Framework Convention for the Protection of National
Minorities (ETS No. 157); and the acceptance of an international
presence. Durable solutions for refugees, displaced and stateless
persons from Kosovo should be secured.
9. As regards the insufficient implementation of the Standards
for Kosovo, the Assembly welcomes the progress highlighted in the
last technical assessment presented by the Special Representative
of the UN Secretary-General (SRSG), Joachim Rücker, and expects
that the parallel process of status definition will further contribute
to channelling the PISG’s efforts towards the full achievement of
the standards.
10. The lack of progress towards finalisation of the human rights
strategy for Kosovo is unfortunate. The strategy should map out
the PISG’s commitment and priorities in the field of human rights
in Kosovo, and the means by which they intend to implement them,
based on European human rights standards and the proposals made
by the Council of Europe expert. The Assembly considers that the
human rights strategy should be given a high political priority.
11. The situation of Serbs living both in Kosovo and elsewhere
and minority communities in Kosovo is an issue of primary concern
for the Assembly, irrespective of the outcome of Kosovo’s status.
In this respect, it welcomes the initiative of the establishment
of a communities security council as a sign of the continued attention
paid by Kosovo’s present institutions to inter-ethnic relations
and reconciliation. The Assembly, however, urges Kosovan Serbs to
participate in Kosovo’s public and political life.
12. It is fundamental for the establishment of good inter-ethnic
relations, the development of confidence in the institutions and
the respect for the rule of law that all minority communities in
Kosovo have access to effective remedies against discrimination,
that ethnically-motivated crimes are properly investigated and that their
alleged perpetrators are prosecuted and, if found guilty, effectively
punished.
13. Finally, as regards the issue of the current applicability
of Council of Europe instruments in Kosovo and the functioning of
mechanisms for the protection of human rights, the Assembly, while
welcoming NATO’s decision to grant the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT) access to KFOR detention facilities throughout Kosovo, regrets
that the mandate of the Ombudsperson institution, as reformed by
the United Nations Interim Administration Mission in Kosovo (UNMIK)
Resolution 2006/6, has been limited and considers that the effectiveness,
authority and independence of the mechanism of the Human Rights
Advisory Panel should be closely monitored.
14. In light of the foregoing, the Assembly calls on the two negotiating
parties to:
14.1 pursue the negotiations
on Kosovo’s future status, having as their primary objective the attainment
of fair standards for all the inhabitants of Kosovo, recognising
that the maintenance of such standards may require an international
presence and monitoring for some time;
14.2 take careful account of the post-Dayton Bosnian experience
in finalising the technical arrangements concerning decentralisation,
which demonstrates that the open-ended linking of functions to ethnic
origin both undermines the coherence of a state and is a long-term
barrier to reconciliation, integration and the development of an
exclusively citizens’ polity, so that if such a course is followed
to accelerate agreement and give reassurance, it should be limited
in time;
14.3 ensure that procedures are established to continue the
technical co-operation between the parties, including on the return
of refugees and internally displaced persons (IDPs0, and on missing persons.
15. In addition, the Assembly calls on Serbia to encourage the
active participation of Kosovo Serbs in Kosovo’s public and political
life after agreement on decentralisation is achieved.
16. The Assembly calls on both Serbia and the PISG to multiply
their efforts aimed at raising awareness among their public at large
of the country’s recent history and explaining the importance and
functions of the different European institutions, including that
of the ICTY; as well as preparing the public for different possible outcomes
of the status issue in Kosovo; it invites them to reopen a discussion
within their main institutions, including the parliament, with a
view to approaching the issue of Kosovo’s status in a flexible and
pragmatic manner and, in this context, to give appropriate consideration
to the benefits of a timely agreement.
17. The Assembly also calls on UNMIK and the PISG to:
17.1 intensify their efforts towards
the full implementation of the Standards for Kosovo, giving priority to
the situation of all minority communities, noting the special vulnerability
of the Roma, Ashkali and Egyptian (RAE) community, and in particular
finalise and implement without delay the human rights strategy for
Kosovo based on European human rights standards and the proposals
made by the Council of Europe expert, and:
17.1.1 ensure the full and effective implementation of the anti-discrimination
legislation;
17.1.2 investigate all cases of alleged ethnically-motivated
crimes and fight the impunity of their perpetrators;
17.1.3 investigate all cases of abductions and disappearances
against minorities occurring before or after the establishment of
UNMIK in Kosovo and ensure that those responsible are brought to
justice;
17.1.4 investigate and prosecute all cases of war crimes and
crimes against humanity committed prior to 1999 and ensure full
co-operation with the ICTY;
17.2 create conditions for the voluntary return of refugees
and displaced persons in safety and dignity and ensuring their sustainable
reintegration, in particular through guarantees for their security
and the protection of their civil, political, social and economic
rights.
18. Finally, in the prospect of its future increased responsibility
in Kosovo during the stabilisation period that will follow the agreement
on the province’s status, the Assembly calls on the European Union
to associate the Council of Europe more closely with its activities
and to give due attention to Council of Europe monitoring processes,
in particular to the implementation of the Opinion of the Advisory
Committee on the Framework Convention for the Protection of National
Minorities.
