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Doc. 8928
20 January 2001
Federal Republic of Yugoslavia – recent developments
Report
Political Affairs Committee
Rapporteur: Mr Frey, Switzerland, Liberal, Democratic and Reformer’s Group
Summary
The federal elections of 24 September 2000 and the storming of the Parliament by demonstrators supporting the DOS, on 5 October, symbolise the desire for change, the downfall of the Milosevic regime and the opening up of the FRY to democracy. The victory of the DOS in the elections to the Legislative Assembly of the Republic of Serbia on 23 December 2000 confirmed these aspirations.
The task ahead of democratic transition is immense. Moreover, numerous uncertainties linger over the nature of relations between Serbia and Montenegro. The Assembly must encourage the FRY authorities to pursue dialogue concerning the framework of relations between Serbia and Montenegro, so that a peaceful solution is found, in the interest of the peoples and stability of the region.
Furthermore, the Yugoslav authorities must fully co-operate with the International Criminal Tribunal for the former Yugoslavia.
As regards the situation in Kosovo and southern Serbia, the acts of violence perpetrated by armed Albanian groups in southern Serbia must be firmly condemned.
The Council of Europe has a key role to play in the democratic transition process launched in the FRY. The assistance it provides must therefore match the challenges to be taken up by that country. The Committee of Ministers should consequently draw up and fund co-operation programmes aimed at reinforcing democratic institutions, human rights and the rule of law in the FRY, particularly in the fields of the judiciary, education, media, combating corruption and organised crime and efforts to combat intolerance and racism.
It should also invite the member states to provide massive and rapid humanitarian assistance to the FRY and encourage them to contribute to the stabilisation of the situation in the country, particularly in southern Serbia.
I. Draft resolution
1. The Assembly recalls its Resolution 1230 (2000) and its Recommendation 1481 (2000) on the situation in the Federal Republic of Yugoslavia (FRY), adopted on 9 November 2000.
2. The Council of Europe has a key role to play in the democratic transition process launched in the FRY. The Assembly declares its readiness to establish ongoing dialogue with the Federal Parliament in this connection.
3. It recalls that the President of the Chamber of Citizens of the Federal Parliament of the FRY, Mr Micunovic, in a letter dated 7 November 2000, requested special guest status with the Parliamentary Assembly on behalf of the Federal Parliament. It urges the Bureau to grant this request.
4. Furthermore, in a letter dated 9 November 2000, the Minister of Foreign Affairs of the FRY, Mr Svilanovic, gave notice of his country's application for membership of the Council of Europe. In its Resolution (2000) 15 on the FRY, the Committee of Ministers invited the Assembly to give an opinion on that request and drew the Assembly's attention to a number of considerations, including the requisites for accession.
5. The Assembly notes with satisfaction the FRY's stated intention to become party to the Framework Convention for the Protection of National Minorities and the invitation extended to it by the Committee of Ministers to become party to the European Cultural Convention, as well as to the other conventions previously signed and ratified by the Socialist Federal Republic of Yugoslavia (SFRY).
6. The Assembly believes that the FRY's application for membership of the Council of Europe must be accompanied by specific programmes of co-operation and assistance designed to facilitate democratic transition and also the legislative reforms that will enable the FRY to fulfil the requirements for accession.
7. The Assembly welcomes the Secretary General's appointment of a Special Envoy for the FRY and the forthcoming opening of the Council of Europe Mission in the Federal Republic of Yugoslavia, comprising two offices, one in Belgrade and the other in Podgorica (Montenegro). Furthermore it notes the opening of an OSCE mission in Belgrade.
8. The FRY joined the OSCE on 10 November 2000 and signed the Helsinki Final Act and the Paris Charter for a new Europe on 27 November 2000. It also joined the International Monetary Fund on 20 December 2000.
9. The Assembly supports the rapid involvement of the FRY in the activities of the European Bank for Reconstruction and Development and its participation in the Regional Funding Conference for South East Europe.
10. The Assembly notes with satisfaction that the FRY took part in the Zagreb Summit on 24 November between the European Union and the countries participating in the stabilisation and association processs and that "the prospect of a stabilisation and association agreement between the EU and the FRY is now established".
11. It recalls the very serious humanitarian problems and economic difficulties faced by the country and their potential consequences for the country's stability and institutions.
12. The Assembly takes note of the forthcoming opening of an office of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the FRY and the proposal of the FRY authorities to set up a commission to examine war crimes (Truth Commission). However, it considers that such a commission must be created in collaboration with the peoples having been victim to those war crimes and may in no circumstances substitute itself for the ICTY.
13. The Assembly demands that all the individuals indicted by the ICTY, including S. Milosevic, be brought before this Tribunal in the Hague. Any government holding evidence on this subject should pass it on to the Tribunal immediately.
14. As far as the Republic of Serbia is concerned, the Assembly expresses its satisfaction with the smooth running of the parliamentary elections there on 23 December 2000 and the victory of the democratic forces. This victory leads to political changes which still need to be put into effect.
15. It encourages the newly elected Parliament and the new Serbian Government to actively contribute to democratic change in Serbia and consequently in the FRY.
16. The Assembly is deeply concerned over the situation in certain municipalities in southern Serbia, close to Kosovo, and particularly in the Ground Safety Zone as defined in the military-technical Agreement referred to in Annex 2 of United Nations Security Council Resolution 1244 (1999) of 10 June 2000.
17. It firmly condemns the acts of violence perpetrated by armed Albanian groups in southern Serbia and demands an immediate and complete halt to violence in the Presevo-Medvedja-Bujanovac region.
18. The Assembly asks that these Albanian extremist groups be disbanded, that all non-residents engaging in extremist activity immediately withdraw from this region, particularly the Ground Safety Zone, and that this question be settled peacefully.
19. It notes with satisfaction the dialogue between KFOR and the Yugoslav and Serbian authorities, inter alia via the Joint Implementation Commission.
20. The Assembly calls on KFOR and the United Nations Interim Administration Mission in Kosovo (UNMIK) to continue to make all necessary efforts to address the problem.
21. The Assembly praises the work carried out by Mr Bernard Kouchner as head of UNMIK and expresses its willingness to continue co-operating with his successor, Mr Hans Haekkerup. The Assembly reiterates that Resolution 1244 (1999) of the United Nations Security Council on the situation in Kosovo must be fully implemented and that the Serb minority in Kosovo must be fully protected.
22. The Assembly encourages the establishing of diplomatic relations between the FRY and the neighbouring countries, including Bosnia and Herzegovina. All issues still arising in relations between the FRY and the neighbouring countries must be resolved.
23. The Assembly calls on the authorities of the Federal Republic of Yugoslavia,
as regards:
i. democratic reforms
a. to pursue their efforts to establish a democratic political system founded on the rule of law and the protection of human rights, including the rights of members of all national minorities;
b. to initiate revision of its legislation, at the level of the Federation and of the Republics, in conjunction with the Council of Europe, with a view to guaranteeing respect for human rights and, in this framework, abolishing the death penalty in the Republics of Serbia and Montenegro, and also to revise the Federal Code of criminal procedure; Reforms of the judicial system, of the police, of the security services and of education, protection of minorities and the combating of corruption are priorities.
c. to prosecute those responsible for political assassinations, kidnappings, torture, illegal detention and acts of violence against political opponents;
d. to amnesty those Yugoslav citizens who deserted or who, in the absence of legislation on conscientious objectors, refused to serve during the war of 1999, and to amend the provisions concerning conscientious objection contained in the Armed Forces Act;
e. to amend electoral legislation with a view to the forthcoming elections of the Federal Parliament in order to make the process more transparent and allow inter alia greater participation of minorities in political life;
f. to repeal the 1998 Universities Act and to take the necessary measures enabling all persons dismissed for political reasons under the Milosevic regime, in particular university professors and assistants, judges and radio/television journalists, to regain their posts or receive adequate compensation;
g. to remove the final obstacles to the development of independent media;
ii. war crimes and co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY)
a. to co-operate fully with the ICTY in the interests of justice and of the country;
b. to disseminate information on the Tribunal throughout the country, in conjunction with the ICTY, in the local languages, in order to familiarise the population with its sphere of jurisdiction and mode of operation;
c. to inform the population of the crimes committed by the Milosevic regime against the other peoples of the region;
d. to pursue the debate initiated on the setting up of a "Truth Commission" on the understanding that it may in no circumstances substitute itself for the ICTY;
iii. the situation in southern Serbia and the Kosovo Albanians
a. to strive for a peaceful settlement to the situation in southern Serbia, founded on democratic principles, and to comply with the provisions of Resolution 1244 (1999) as well as the military-technical Agreement;
b. to release the Albanian political prisoners still in detention;
iv. relations between Serbia and Montenegro
a. to pursue dialogue concerning the framework of relations between Serbia and Montenegro, so that a peaceful solution is found, in the interest of the peoples and stability of the region;
v. regional co-operation
a. to take the necessary measures in conjunction with the international community, the countries of the region and the competent organisations to resolve the problems of refugees and displaced persons in the FRY;
b. to pursue the dialogue initiated with the other countries formerly belonging to the SFRY with a view to settling the question of the succession of the SFRY.
c. as soon as possible, to define, mark and recognize the border between the Former-Yugoslav Republic of Macedonia and the FRY as border between two sovereign states;
d. to protect all cultural heritage and historical monuments in its territory connected with the historical roots and national and religious identities of the neighbouring countries.
II. Draft recommendation
1. The Assembly refers to its Resolution …..(2000) on the Federal Republic of Yugoslavia - recent developments.
2. It notes the good co-operation existing between the Council of Europe and the other international organisations, particularly the OSCE.
3. The Assembly reiterates that, following the Federal Republic of Yugoslavia's application for membership of the Council of Europe, the latter is bound to assist the FRY in fulfilling the necessary conditions. Consequently, the Assembly believes that the member states should provide, as a priority, funding for Council of Europe activities aimed at reinforcing democratic institutions, human rights and the rule of law in the FRY.
4. In this context, the Assembly is pleased to see that a Conference was organised jointly by the Council of Europe and the network of independent radio/television stations in the FRY (ANEM) on 11 and 12 December 2000 on the functioning of media in a democratic society.
5. The Assembly recommends that the Committee of Ministers:
i. draw up and fund co-operation programmes aimed at reinforcing democratic institutions, human rights and the rule of law in the FRY, particularly in the fields of the judiciary, education, combating corruption and organised crime and efforts to combat intolerance and racism;
ii. issue a further invitation to the member states to provide massive and rapid humanitarian assistance to the FRY and encourage them to contribute to the stabilisation of the situation in the country, particularly in southern Serbia;
iii. follow up the Conference organised in December on the functioning of media in a democratic society and support media reform;
iv. back the conference for the promotion of multicultural society in the FRY, organised by the FRY Federal Ministry for minorities and ethnic communities, which will take place in Belgrade on 2-3 February 2001;
v. give full support to the Conference on compatibility with the European Convention on Human Rights and other European standards, organised in conjunction with the federal authorities, the competent authorities of Serbia and Montenegro and non-governmental human rights organisations, which will take place on 16-17 February 2001. This conference, which will launch a substantial programme to reform the legislation of the FRY, represents a major event in co-operation between the FRY and the Council of Europe;
vi. find the necessary resources to ensure that this Conference is followed up;
vii. participate in work on restoring the Federal Parliament building, badly damaged on 5 October 2000, a date that truly marked the changing of the country's regime. A financial contribution to this restoration would be a powerful symbol of the Council of Europe's determination to participate, in all spheres, in the rebirth of democracy in the FRY.
III. Explanatory memorandum by the rapporteur
1. Introduction
1. On 9 November 2000 the Standing Committee held a debate on the situation in the Federal Republic of Yugoslavia (FRY)1 in the presence of President Kostunica and representatives of political forces in the FRY Federal Parliament. The debate concluded with the adoption of Resolution 1230 (2000) and Recommendation 1481 (2000).
2. On that occasion, the President of the Chamber of Citizens, Mr Micunovic, conveyed the request of the Federal Parliament for special guest status with the Assembly in accordance with Rule 59 of the Assembly's Rules of Procedure.
3. Furthermore, in a letter of 9 November 2000, the Foreign Affairs Minister of the FRY, Mr Svilanovic, signified his country's wish to become a member of the Council of Europe under the terms of its Statute.
4. Since that debate was held, the rapporteur has visited the country on two occasions, initially for the observation of the elections of the Assembly of the Republic of Serbia from 21 to 24 December 2000 and subsequently in connection with the Federal Parliament's request for special guest status and the preparation of this report, from 8 to 10 January 2001. During the latter visit, Mr Hans-Peter Furrer, the Secretary General's Special Envoy for the former Yugoslavia, also participated in the encounters. The programme of the visit is appended.
5. This document succinctly reviews the main political events which have occurred in the FRY since the Standing Committee's debate on 9 November last year, together with other subjects addressed during the January visit, particularly the co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY).
2. Political situation
6. The establishment of the institutions brought into being by the elections to the Assembly of the Republic of Serbia, the situation in the southern part of the Republic, and relations with Montenegro are currently at the top of the political agenda.
A. Federal institutions
i. Parliament
7. The seats in the Federal Parliament as elected on 24 September 2000 are apportioned as follows:
- Chamber of Citizens (President: Mr Micunovic, DOS)
DOS (Democratic Opposition of Serbia) 58
SNP (Socialist People’s Party of Montenegro) 28
SNS (Serbian People's Party of Montenegro) 2
SPS-JUL (Serbian Socialist Party- Yugoslav United Left 44
SRS (Serbian Radical Party) 5
SVM (Alliance of Hungarians of Vojvodina) 1
- Chamber of Republics: President: Mr Bozovic, SNP)
DOS (Democratic Opposition of Serbia) 10
SNP (Socialist People’s Party of Montenegro) 19
SNS (Serbian People's Party of Montenegro) 1
SPO (Serbian Renewal Party) 1
SPS-JUL (Serbian Socialist Party- Yugoslav United Left 7
SRS (Serbian Radical Party) 2
8. It should be noted that Mr Milosevic, who is not a member of the Federal Parliament, was re-elected to the SPS leadership on 25 November 2000.
9. The DOS is in coalition with the Socialist People's Party of Montenegro (SNP) and thus holds a majority of 86 out of a total 138 votes in the Chamber of Citizens. In the Chamber of Republics, a DOS-SNP-SNS coalition commands a majority of 30 out of 40 votes.
10. The Presidents of the two Chambers informed the rapporteur that a law on political party funding together with the Federal Budget Act had just been passed by parliament. Other bills relating to political parties are in preparation.
11. The President of the Chamber of Citizens, Mr Micunovic, anticipated the next Federal parliamentary elections possibly in the spring of 2002, but the date will depend how relations between Serbia and Montenegro develop.
12. The Democratic Party of Socialists (DPS), the party of Montenegro's President Mr Djukanovic, boycotted the elections on 24 September and is not represented in the Federal Parliament. I requested a meeting in Belgrade with representatives of the DPS, but they did not reply to the invitation. I also wished to hold a courtesy telephone conversation with the Speaker of the Montenegro Parliament, to inform him of our presence in Belgrade, but his obligations made it impossible.
ii. Government
13. The Federal Government is headed by Mr Zizic (Socialist People's Party of Montenegro). The DOS, significantly, holds the foreign affairs and justice portfolios. Foreign Affairs Minister Svilanovic stated that accession to the Council of Europe and the European Union, together with regional co-operation, principally in the framework of the Stability Pact, constituted the foreign policy priorities of the FRY. Diplomatic relations have moreover been established with neighbouring countries. Other priorities of the government are reorganisation of the State, presupposing radical legislative and economic reforms.
B. Republics making up the FRY
i. Serbia
a. Elections to the Assembly of the Republic of Serbia
14. A Parliamentary Assembly delegation led by Mr von der Esch (Sweden, EPP/CD) and a CLRAE delegation observed the elections on 23 December 20002. These delegations found that the elections were conducted in accordance with the standards and principles applying in Europe.
15. Nevertheless, the ballot had to be repeated on 10 January in 19 polling stations (out of a total of over 8 711) by decision of the Supreme Court of Serbia.
16. The final results gave the DOS 176 of the 250 seats in the new Assembly.
17. Former President Milosevic's Socialist Party (SPS) gained 37 seats, the Serbian Radical Party (SRS) 23, and Mr B. Pelevic's Serbian Unity Party (SSJ) 14.
18. The poll on 10 January delayed the formation of Serbia's new parliament and government, which is expected to be headed by Mr Zoran Djindjic.
19. The Assembly should encourage the newly elected Serbian parliament and government to actively further the democratic development of Serbia and consequently that of the FRY.
b. Situation in southern Serbia and Kosovo
20. The situation remains tense in southern Serbia at the administrative boundary with Kosovo. This region is the scene of clashes between Serbian police forces and ethnic Albanian fighters belonging to an armed faction known as the Liberation Army of Presevo, Medvedja and Bujanovac (UCPMB).
21. The UCPMB, named after three towns in southern Serbia with a strong Albanian population component, demands the incorporation of these localities into an "independent Kosovo" and is carrying out repeated attacks in the Ground Safety Zone between Kosovo and the rest of Serbia, defined by a Military Technical Agreement ("MTA" or “Kumanovo Agreement”) signed in June 1999 between NATO and the Yugoslav authorities. The FRY cannot freely deploy its armed forces in the Safety Zone since only members of the FRY police equipped with small arms are authorised to patrol it.
22. An unlimited ceasefire was agreed at the end of November 2000 but both sides accuse each other of violating it. A dialogue is nonetheless proceeding between KFOR and the Yugoslav and Serbian authorities through channels including a joint implementation commission.
23. President Kostunica has urged KFOR to intensify its control and to combat the arms traffic between Kosovo and the Presevo valley.
24. At the end of December the United Nations Security Council strongly condemned the acts of violence committed by ethnic Albanian armed groups in southern Serbia and called for an immediate and complete cessation of violence in the area, the disbandment of these Albanian extremist groups, and the immediate withdrawal from the region, in particular from the Ground Security Zone, of all non-residents engaged in extremist activities, as well as a peaceful settlement of this question.
25. In Kosovo3, attacks have targeted an LDK (Democratic League of Kosovo) advisor, the FRY government representative in Pristina, and three Serbian police officers in November 2000.
26. Mid-January, Mr Hans Haekkerup, former Danish Defence Minister, replaced Mr Bernard Kouchner as head of UNMIK (United Nations Interim Administration Mission in Kosovo).
27. Parliamentary elections might be organised in Kosovo in 2001, but prior definition of the powers of the parliament to be elected is necessary.
ii. Situation in Montenegro and relations with Serbia
28. Relations continue to be strained between the Federal, Serbian and Montenegrin authorities.
29. The President of Montenegro, Mr Djukanovic (DPS) has confirmed his determination to hold a referendum on independence, and a Montegrin parliamentary working party is currently finalising a referendum bill. The formulation of the question submitted to referendum and the definition of who will be authorised to vote are crucial to the outcome of the poll.
30. Late in December 2000, Montenegro's government adopted a platform for relations between Serbia and Montenegro. It proposes establishing a new Union of two separate States, each having its own representation in the UN, while a common monetary, foreign affairs and defence policy would be retained. Separate armed forces with common activities in certain areas of mutual interest are envisaged.
31. Following this decision, the NS (People's Party) withdrew from the ruling coalition in Montenegro. The DPS- SDP (Social Democratic Party) coalition is now in the minority. Consultations are proceeding with regard to possible early elections in Montenegro.
32. At the time of our January visit, the Federal Minister for Foreign Affairs, Mr Svilanovic, spoke of President Kostunica's intention to present his platform for a "minimal federation" which would preserve a common State structure with five ministries: Foreign Affairs, Defence, Justice, Finance and Transport. He emphasised the possible adverse effects of Montenegrin independence, especially on Kosovo and Bosnia and Herzegovina.
3. Human rights and rule of law
33. The change of political regime must be attended by an overhaul of legislation in order to ensure rule of law and respect for human rights, including the rights of persons belonging to national minorities.
A. Relations with the International Criminal Tribunal for the former Yugoslavia (ICTY)
34. The FRY authorities reported that the ICTY would soon open an office in Belgrade.
35. Co-operation with the ICTY implies inter alia providing the Tribunal with the necessary assistance for its investigations and prosecutions, taking the necessary steps to protect any documents that might be useful to the Tribunal and arresting the individuals accused by it, including S. Milosevic, so that they may be judged.
36. The Federal Minister of Justice (DOS) indicated that the new government envisages setting up a "truth commission" on war crimes committed under the Milosevic regime, to strive for reconciliation. The commission would include representatives of the peoples of the region.
37. The NGO representatives we met during our January visit suggested disseminating information on the ICTY, in the local languages, in order to familiarise the population with its sphere of jurisdiction and mode of operation. They also stressed that public information work and debate were necessary as regards the crimes committed by the Milosevic regime against the other peoples of the region. In this respect, they would like the debate initiated on the setting up of a "Truth Commission" to continue.
38. The Rapporteur is in favour of such a commission being set up, in collaboration with the peoples having been victim to war crimes under the Milosevic regime, on the clear understanding that it may in no circumstances substitute itself for the ICTY but would serve as a necessary complement.
B. Reform of the judicial system
39. According to the NGOs met in January, reform of the judicial system is a priority. This opinion is shared by the Rapporteur, who was able to note, particularly in talks with the President of the Federal Court and the Federal Prosecutor, the scale of reform and changes in mentality necessary. Assistance from the Council of Europe for judicial reform is also very much in demand.
40. As regards legislation on amnesties at federal level, the Federal Minister of Justice said that the bill put forward by the government concerned deserters and also convicted persons who had taken part in a prisons revolt in October 2000 to protest against their conditions of detention. He said that the bill would shortly be passed by Parliament.
41. According to the Minister, this law did not concern Albanian political prisoners, who would be subject to ordinary procedures.
42. The Minister of Justice pointed out that the death penalty had been abolished in 1992 following the promulgation of the 1992 Constitution and the revision of the Federation Criminal Code. However it had not been abolished at the level of the Republics. Although no executions had been announced since 1992, death sentences had been passed. On 30 October 2000, a Czech citizen had been sentenced to death by a court in Subotica. According to Amnesty International, some 30 individuals are on death row.
C. Media
43. According to the representatives of the media (printed press and electronic media) met during the visit, the "democratic revolution" of 5 October 2000 had radically changed their situation, even though the legislation on the media had not yet been amended.
44. In this connection, it should be noted that the FRY Constitutional Court recently held that a number of provisions of the 1998 Public Information Act, which substantially restricted freedom of expression, were unconstitutional.
45. The media must make the transition to professional, critical journalism. They are confronted with numerous problems, particularly of a financial nature. Representatives of the printed press stressed that the price of paper was well above the world market price as paper imports were not authorised. It was a known fact that the monopoly of paper often seriously hampered the freedom of the printed press.
D. National minorities
46. The FRY authorities have indicated that the FRY wishes to become party to the Framework Convention for the Protection of National Minorities. Furthermore, the Yugoslav President has announced that the Parliament would adopt a new law on minorities.
47. Moreover, the Federal Government now includes a Minister for minorities and ethnic communities. The Hungarian Alliance of Vojvodina and the Muslim Party of Sandjak are represented in the Federal Parliament.
48. Vojvodina had the status of an autonomous province until 1989. The biggest minority is Hungarian-speaking but it does not constitute a majority in Vojvodina. This minority's political forces are rallied around the Hungarian Alliance of Vojvodina, which demands the restoration of autonomous status.
49. The region of Sandjak, which has a Muslim majority, is divided between Serbia and Montenegro.
E. Refugees and displaced persons
50. The Minister of Foreign Affairs stressed the scale of the problem of refugees and displaced persons in the FRY and said that the Federal Government would like talks to be organised in the near future with the authorities of Croatia and Bosnia-Herzegovina to deal with this matter.
4. Relations between the FRY and the Council of Europe
A. Committee of Ministers
51. On 22 November 2000, the Ministers' Deputies adopted Resolution (2000) 154 on the FRY in which they requested the opinion of the Assembly on that country's application for membership. They drew the Assembly's attention to a number of points, including the FRY's active co-operation with the ICTY and the priority matters mentioned in Resolution 1230 (2000) of the Assembly. They also highlighted "the political importance of the commitments which membership of the Council of Europe implies in regard to respect for the rules governing the democratic process and to the solving of problems through political dialogue". The Committee of Ministers furthermore declared its readiness to maintain a continuing dialogue with the Assembly and its competent committees on the matter of the FRY’s application for membership.
52. In December 2000, the Secretary General appointed his Special Envoy for the FRY, Mr Hans-Peter Furrer. In addition, a Council of Europe mission in the Federal Republic of Yugoslavia, comprising two offices, one in Belgrade and the other in Podgorica (Montenegro), is to open shortly. Another office, in Pristina (Kosovo), has been set up in line with United Nations Resolution 1244 (1999).
53. The Rapporteur believes that the FRY's application for membership of the Council of Europe must be accompanied by specific programmes of co-operation and assistance designed to facilitate democratic transition and also the legislative reforms that will enable the FRY to fulfil the requirements for accession. Consequently, the member states should provide, as a priority, funding for Council of Europe activities aimed at reinforcing democratic institutions, human rights and the rule of law in the FRY, particularly in the fields of the judiciary, education, media, combating corruption and organised crime and efforts to combat intolerance and racism.
54. The Committee of Ministers should back the Conference for the promotion of multicultural society in the FRY, organised by the FRY Federal Ministry for minorities and ethnic communities, which will take place in Belgrade on 2-3 February 2001. It should also support the Conference on compatibility with the European Convention on Human Rights and other European standards, organised in conjunction with the federal authorities, the competent authorities of Serbia and Montenegro and non-governmental human rights organisations, which will take place on 16-17 February 2001. This Conference, which will launch a substantial programme to reform the legislation of the FRY, represents a major event in co-operation between the FRY and the Council of Europe.
B. Parliamentary Assembly
Request for special guest status from the Federal Parliament
55. In a letter dated 7 November 2000, the President of the Chamber of Citizens of the Federal Parliament of the FRY lodged a request for special guest status with the Parliamentary Assembly on behalf of the Federal Parliament, in compliance with Rule 59 of the Assembly's Rules of Procedure.
56. During our visit, we expressed the wish to meet the chairmen of all the political groups represented in the Federal Parliament. The Chairman of the most substantially represented groups, namely the DOS, SNP and SPS, accepted our invitation. They all backed the request for special guest status. They also requested the Assembly's assistance, particularly in training members of the secretariat and restoring the Parliament building which was seriously damaged during the revolution of 5 October 2000.
57. The Rapporteur, who is also rapporteur on the request for special guest status, is in favour of this status being granted. From the political viewpoint, it would certainly provide powerful support for the country's democratic forces and open the way for greatly desired Council of Europe assistance.
5. Conclusions
58. The federal elections of 24 September 2000 and the storming of the Parliament by demonstrators supporting the DOS on 5 October symbolise the desire for change, the downfall of the Milosevic regime and the opening up of the FRY to democracy. The victory of the DOS in the elections to the Legislative Assembly of the Republic of Serbia on 23 December 2000 confirmed these aspirations.
59. The task ahead of democratic transition is immense. Moreover, numerous uncertainties linger over the nature of future relations between Serbia and Montenegro. The Assembly should encourage the FRY authorities to pursue dialogue concerning the framework of relations between Serbia and Montenegro, so that a peaceful solution is found, in the interest of the peoples and stability of the region.
60. Furthermore, the situation in Kosovo and southern Serbia remains tense. The acts of violence perpetrated by armed Albanian groups in southern Serbia must be firmly condemned.
61. As regards the ICTY, the authorities must fully co-operate with the Tribunal in the interests of justice, the country and stability in the region.
62. The Council of Europe has a key role to play in the democratic transition process launched in the FRY. The assistance it provides must therefore match the challenges to be taken up by that country.
63. The Committee of Ministers should consequently draw up and fund co-operation programmes aimed at reinforcing democratic institutions, human rights and the rule of law in the FRY, particularly in the fields of the judiciary, education, media, combating corruption and organised crime and efforts to combat intolerance and racism.
64. It should also invite the member states to provide massive and rapid humanitarian assistance to the FRY and encourage them to contribute to the stabilisation of the situation in the country, particularly in southern Serbia.
65. The establishment of democracy and stability in the FRY is also essential for the other countries in the region. But the necessary increased assistance that must be afforded to the FRY must not detract from the level of assistance provided to the neighbouring states.
66. The situation in the Balkans remains fragile and any destabilisation of one state could adversely affect the region as a whole. It is vital, therefore, that the Council of Europe does its utmost to help give tangible form to the desire for change and thus contribute to restoring peace and security in an important region for Europe.
Appendix
Programme of the visit of the rapporteur to Belgrade
(8-10 January 2001)
Monday, 8 January 2001
14h10 Arrival of Mr Frey, Rapporteur of the Political Affairs Committee
Arrival of Mr Furrer, Secretary General’s Special Envoy for the FRY
19h00 Meeting with Ambassadors of Council of Europe member States present in Belgrade and reception hosted by H.E. the Ambassador of Italy
Tuesday, 9 January 2001
09h30 Meeting with Prof. Dr. Dragoljub Micunovic, President of the Chamber of Citizens of the Federal Assembly
10h30 Meeting with Mr Srdja Bozovic, President of the Chamber of Republics of the Federal Assembly
11h00 Meeting with Mr Goran Svilanovic, Federal Minister for Foreign Affairs
12h00 Meeting with the Chairmen of political groups of the Chamber of Citizens 5
13h30 [a meeting with the representatives of the Democratic Party of Socialists of Montenegro (DPS) had been requested by the rapporteur but the DPS had not replied to the invitation]
14h00 Lunch hosted by Prof. Dr. Dragoljub Micunovic, President of the Chamber of Citizens of the Federal Assembly
15h30 Meeting with Dr. Momcilo Grubac, Federal Minister of Justice
16h30 Meeting with Mr Petar Gvozdenovic, President ad interim of the federal Court
17h30 Meeting with Mr Vukasin Jokanovic, Federal Public Prosecutor
19h30 Dinner hosted by the Ambassador of Switzerland
Wednesday 10 January 2001
09h30 Meeting with Mrs Sonja Licht, Open Society Institute
11h30 Meeting with Dr. Vojin Dimitrijevic and Mrs Vesna Petrovic, Belgrade Centre for Human Rights
11h30 Meeting with representatives of the media
12h00 Press Conference
15h00 Departure of the delegation
Reporting Committee : Political Affairs Committee
Reference to Committee : Bureau’s decision of 29/09/00, Ref. 2542
Draft Resolution and draft Recommendation unanimously adopted by the Committee on 20 January 2001
Members of the Committee : Mr Davis (Chairman), Mrs Ojuland (Vice-chairperson), Mr Toshev (Vice-Chairman), MM Arzilli, Atkinson, Mrs Bakoyianni, MM Bársony, Behrendt, Bergqvist, Björck, Blaauw, Bühler (alternate : Mrs Hoffmann), Clerfayt, Daly, Demetriou, Derycke, Dokle, Dreyfus-Schmidt, Mrs Durrieu, Mr Evangelisti, Mrs Feric-Vac, Mr Frey, Mrs Fyfe (alternate : Mr Rapson), MM Gjellerod, Glesener, Gligoroski, Gross, Gül, Iwinski, Mrs Kautto, MM Kirilov, Kotsonis, Krzaklewski (alternate : Mr Adamczyk), Kuzmickas, Lupu, Martinez Casan, Medeiros Ferreira, Meier, Mota Amaral, Mutman, Nedelciuc, Mrs Nemkova, MM Neuwirth, Oliynyk, Pahor, Palmitjavila Ribo, Prusak, de Puig, Mrs Ragnarsdottir, MM Rogozin, Saakashvili, Schieder, Schloten, Selva, Sinka, Spindelegger, Mrs Squarcialupi, Mrs Stepová, MM Surjan (alternate : Mr Eörsi), Thoresen, Timmermans (alternate : Mrs Zwerver), Vella, Weiss, Zuiganov, N……………(alternate : Mr Badulescu), N………….. (alternate : Mr. Manchulenko).
N.B. The names of the members who took part in the meeting are printed in italics
Secretaries of the Committee : Mr Perin, Mrs Ruotanen, Mr Sich, Mrs Hügel
1 See Doc. 8889: Situation in the Federal Republic of Yugoslavia (Rapporteur: Mr Frey).
2 See the report on the observation of the elections to the National Assembly of Serbia/FRY (Rapporteur: Mr Gross, Switzerland, SOC).
3 The future political status of Kosovo is the subject of a separate reference (Doc. 8708).
4 Doc. 8909 Resolution (2000) 15 on the Federal Republic of Yugoslavia
5 The presidents of the political groups with highest representation replied to our invitation, namely: Mr Batic (DOS), Mr Ojdanic (SNP) and Mr Segrt (SPS)