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Resolution 1661 (2009)
Honouring of obligations and commitments by Serbia
1. Serbia has
been a member state of the Council of Europe since 2003, succeeding
in 2006 to the State Union of Serbia and Montenegro. Over this period,
Serbia has been steadily implementing the obligations and commitments
entered into at the moment of its accession. It actively co-operates
with the Council of Europe and chaired the Committee of Ministers
from May to November 2007.
2. The Parliamentary Assembly recalls its Resolution 1514 (2006) on the consequences of the referendum in Montenegro
and takes note of the key political developments which have occurred
in Serbia since the dissolution of the State Union of Serbia and
Montenegro in June 2006: a new constitution was approved by referendum
on 28 and 29 October 2006, parliamentary elections were held on
21 January 2007, a presidential election was organised on 20 January
and 3 February 2008 and, after a government crisis, pre-term parliamentary
elections were held on 11 May 2008.
3. The Assembly refers to the reports of its Election Assessment
Mission for the presidential election (second round) and Ad hoc
Committee for the Observation of the Parliamentary Elections in
Serbia on 11 May 2008 and congratulates the people of Serbia and
the Serbian authorities for having conducted the elections in accordance
with Council of Europe standards for democratic elections.
4. The Assembly notes that the majority of the citizens of Serbia
made a clear choice in favour of European integration.
5. The Assembly welcomes Serbia’s ambition to pursue European
integration and is strongly committed to supporting Serbia on this
path. In this respect, the Assembly welcomes the ratification, on
9 September 2008, of the Stabilisation and Association Agreement
between the European Union and Serbia. This agreement will give
a fresh impetus to the necessary reforms aiming at bringing the
Serbian legal order closer to the European acquis in
the field of democracy, the rule of law and human rights. Moreover,
the Assembly takes note of the decision of the Serbian authorities
to apply the Interim Trade Agreement unilaterally, pending the completion of
the ratification process of the Stabilisation and Association Agreement
by all European Union member states. At the same time, the Assembly
considers that the Serbian authorities should urgently take a number of
concrete reform measures to make the benefits of European integration
available to all citizens of the country. Only then will European
integration become a shared vision of the country’s future.
6. The Assembly is closely following the developments concerning
the status of Kosovo. It has taken note of the unilateral declaration
of independence, adopted by the Kosovo Assembly on 17 February 2008,
and of the fact that several countries, including a number of Council
of Europe member states, have already recognised the independence
of Kosovo. Equally, the Assembly has taken note of the rejection
of this declaration by Serbia and several Council of Europe member
states as being illegal and contradicting international law.
7. The Assembly understands the frustration of the Serbian people
with respect to the developments in Kosovo. It welcomes the fact
that the Serbian authorities are defending their position by peaceful
and diplomatic means, in accordance with international law, as exemplified
by the request for an advisory opinion addressed to the International
Court of Justice by the United Nations General Assembly, at the
proposal of the Serbian delegation. Furthermore, the Assembly congratulates
the Serbian authorities on their constructive approach with respect
to the deployment of the European Union Rule of Law Mission (EULEX)
as an essential step in ensuring respect for human rights and the
rule of law in Kosovo.
8. The Assembly strongly condemns the violent incidents which
occurred in February 2008 after the adoption of the unilateral declaration
of independence in the northern areas of Kosovo and in Belgrade,
and, in particular, the attacks against some foreign embassies,
which are totally unacceptable in a country adhering to democratic
principles and international law. At the same time, the Assembly
notes that these incidents have remained isolated and that the authorities
have taken steps to bring those responsible to justice.
9. Therefore, the Assembly calls upon the Serbian authorities
to:
9.1. continue to defend their
position with respect to Kosovo exclusively by peaceful and diplomatic means;
9.2. provide a forum for open dialogue between all political
parties and actors on the developments in Kosovo;
9.3. continue co-operation and dialogue with all international
and regional actors in order to promote peace, stability and reconciliation
in the Western Balkans, in the spirit of European integration;
9.4. continue co-operation with the United Nations international
civil presence in Kosovo with a view to preserving and promoting
the cultural, linguistic and religious rights of all communities
in Kosovo;
9.5. ensure full co-operation with the competent bodies in
Kosovo, 
including EULEX, to determine the
fate and whereabouts of all victims of enforced disappearances and
abductions, sharing all relevant data and information, including
the whereabouts of potential grave-site locations.
including EULEX, to determine the
fate and whereabouts of all victims of enforced disappearances and
abductions, sharing all relevant data and information, including
the whereabouts of potential grave-site locations.10. The Assembly welcomes the establishment, in June 2008, of
a new government supported by a wide and diverse coalition of political
forces. The newly achieved political stability creates a favourable
environment for society to progress and implement necessary reforms
in the field of democracy, human rights and the rule of law. In
this respect, the Assembly calls upon the majority coalition to
create conditions for a meaningful dialogue with the opposition
on key issues. At the same time, it urges some of the opposition
parties to stop obstructionism and the opposition in general to
adopt a constructive attitude in the parliamentary arena. Serbia has
had too many elections over the past two years. The time has now
come for all political forces to work together to make Serbia a
better place to live in: European integration, co-operation with
the International Criminal Tribunal for the former Yugoslavia (ICTY),
strengthening of democratic institutions and human and minority
rights, reform of the judiciary and the Public Prosecutor’s Office,
the fight against crime and corruption and the improvement of citizens’
living standards should be the key priorities.
11. In this respect, the Assembly notes that Serbia is making
significant progress in the implementation of its commitment relating
to co-operation with the ICTY. It congratulates the authorities
on the arrest of Radovan Karadzic, Stojan Zupljanin, Zdravko Tolimir
and Vlastimir Djordjevic. It believes that the new government is strongly
committed to completing its co-operation with the ICTY.
12. Therefore, as regards co-operation between Serbia and the
ICTY, the Assembly calls upon the Serbian authorities to:
12.1. apprehend and promptly extradite
the two remaining indictees, Ratko Mladic and Goran Hadzic;
12.2. make all documents and archives of the Ministry of Defence
and of the Security Services available to the ICTY, for the purposes
of conducting investigations within its mandate;
12.3. sign and ratify, without further delay, the European Convention
on the Non-Applicability of Statutory Limitations to Crimes against
Humanity and War Crimes (ETS No. 82) and the European Convention
on the Compensation of Victims of Violent Crimes (ETS No. 116).
13. Mindful of the impending closure of the ICTY and the continuing
impunity for war crimes which took place in Bosnia and Herzegovina,
Croatia and Kosovo, the Assembly calls upon the Serbian authorities
to:
13.1. strengthen the capacity
and increase the resources available to the Special War Crimes Chamber
at the Belgrade District Court and the Office of the War Crimes
Prosecutor;
13.2. strengthen the capacity of the Interior Ministry’s War
Crimes Investigation Service.
14. As regards the functioning of democratic institutions, the
Assembly:
14.1. regrets that Serbia’s
democratic institutions are still not strong enough and underlines
the need to strengthen them in the fields of electoral legislation,
parliamentary democracy and decentralisation;
14.2. believes that the problems which the National Assembly
of Serbia is facing are, to a large extent, rooted in the existing
constitutional framework, which establishes a “party-administered
mandate” of MPs, as well as in the arrangements for the allocation
of seats in parliament, which make the MPs dependent on the decisions
of their parties’ leadership and prevent them from expressing their
views freely, as democratically elected representatives of the citizens
of Serbia;
14.3. encourages the National Assembly of Serbia to develop,
in co-operation with the Assembly, a follow-up parliamentary assistance
programme, making full use in particular of new funding opportunities within
the framework of the European Union’s Instrument for Pre-Accession
Assistance (IPA);
14.4. welcomes the readiness of the Speaker of the National
Assembly of the Republic of Serbia to work with the Assembly on
the drafting of new rules of procedure which would guarantee the
rights of the opposition while enabling the parliament to function
effectively;
14.5. therefore, the Assembly calls upon the Serbian authorities
to:
14.5.1. amend the electoral legislation,
in accordance with the joint recommendations of the European Commission
for Democracy through Law (Venice Commission) and the Organization for
Security and Co-operation in Europe/Office for Democratic Institutions
and Human Rights (OSCE/ODIHR), in particular, to bring the system
of allocation of mandates in the parliament and in municipal assemblies
into line with European standards;
14.5.2. eliminate from the constitution the provisions establishing
party-administered mandates of members of parliament and strengthen
the capacity of the National Assembly to play an increasingly active
role in the political process;
14.5.3. adopt a new law on the National Assembly of Serbia and
new rules of procedure of parliament, in close co-operation with
the Assembly, within the framework of the Parliamentary Support
Programme;
14.5.4. further strengthen the legislative basis for, and the
operational capacity of, the Office of the Defender of Citizens’
Rights and of the Office of the Commissioner for Freedom of Information;
14.5.5. continue to implement a comprehensive decentralisation
reform, with a view to effectively devolving sectoral competences
to local authorities and autonomous provinces, strengthening fiscal
decentralisation, improving administrative supervision over local
authorities’ action and building up the capacity of local authorities;
14.5.6. sign and ratify, without further delay, the European Outline
Convention on Transfrontier Co-operation between Territorial Communities
or Authorities (ETS No. 106).
15. As regards the rule of law, the Assembly:
15.1. welcomes the adoption of the
law on the Constitutional Court and the appointment of the judges to
this court;
15.2. welcomes the co-operation between the Serbian authorities
and the Council of Europe in the fields of the reform of the judiciary
and of the Public Prosecutor’s Office, the fight against corruption, money
laundering and the financing of terrorism;
15.3. takes note of the adoption, in December 2008, of the legislative
package governing the reform of the judiciary and of the Public
Prosecutor’s Office; the Assembly regrets that not all of the recommendations
of the Venice Commission and of the Council of Europe experts concerning
these laws have been taken on board;
15.4. notes, furthermore, that Serbia’s constitutional and legal
order does not establish sufficient guarantees against the politicisation
of the judiciary and of the prosecutorial service;
15.5. notes that the new constitution requires the adoption
of a whole set of new laws governing the judiciary and the Office
of the Public Prosecutor, which should be done in co-operation with
the Council of Europe;
15.6. therefore, the Assembly calls upon the Serbian authorities
to:
15.6.1. continue to work with
the Venice Commission on the establishment of clear legal guarantees
allowing the serving judges, against whom there are no allegations
of incompetence or behaviour incompatible with the function of the
judge, to remain in office;
15.6.2. continue to work on the improvement of the constitutional
and legal framework for the judiciary and the Office of the Public
Prosecutor in order to establish sufficient guarantees against political
interference in their activities;
15.6.3. increase the effectiveness and professionalism of judges
and prosecutors, in particular, by reinforcing their initial and
in-service training through the Academy of Jurisprudence;
15.6.4. enact specific measures to combat corruption within the
judiciary, while preserving the fundamental guarantee of independence
of judges;
15.6.5. implement in full the recommendations of the Council of
Europe Group of States Against Corruption (GRECO);
15.6.6. work with the Council of Europe in the establishment and
development of an anti-corruption agency in order to intensify and
streamline the implementation of different policies and measures
to combat political and administrative corruption;
15.6.7. spare no effort to strengthen the legislation and policies
aiming at preventing money laundering and the financing of terrorism,
in line with the recommendations of MONEYVAL.
16. As regards human rights, the Assembly:
16.1. welcomes the comprehensive catalogue of human and minority
rights guaranteed by the new constitution;
16.2. welcomes the new mechanisms of democratic control over
the armed and security forces introduced by the new constitution
and the laws on the army of Serbia and on security forces, while regretting
that the legislation on alternative service and conscientious objectors
has not yet been enacted;
16.3. welcomes the development of new legislation on the freedom
of association in co-operation with the Council of Europe, while
regretting that this draft law was, once again, taken off the agenda
of the parliament in December 2008;
16.4. welcomes the recent adoption of the anti-discrimination
law;
16.5. strongly condemns the threats and attacks against representatives
of national minorities, human rights defenders, independent journalists
and media outlets which have occurred over the last couple of years;
16.6. in particular, the Assembly calls upon the Serbian authorities
to:
16.6.1. enact urgently the law
on associations, taking into account all recommendations of the Council
of Europe experts;
16.6.2. enact legislation on alternative service and conscientious
objectors, in consultation with the Council of Europe;
16.6.3. develop a comprehensive anti-discrimination policy to
eliminate all forms of discrimination, including against sexual
minorities;
16.6.4. implement the recommendations of the European Commission
against Racism and Intolerance (ECRI), adopted on 14 December 2007;
16.6.5. further develop minority rights policy by strengthening
confidence between the representatives of different communities
and implementing effectively the rights of national minorities,
in the spirit of dialogue and co-operation between the central government
and the minority communities, in particular, by ensuring effective
access to education, media and public administration in their mother
tongue, as well as representation of national minorities in political and
administrative bodies at all levels and enabling them to hold religious
services in their language;
16.6.6. take effective measures – in the context of Serbia's declared
priorities during its current presidency of the Decade of Roma Inclusion
– towards guaranteeing to the Roma community in Serbia the right
to adequate housing, including through the implementation of the
Decade of Roma Inclusion National Action Plan on housing and the
Ministry of Infrastructure Guidelines for Improvement and Legalisation
of Roma Settlements;
16.6.7. enact a law on national minority councils, clarifying
their competencies, election procedures, their role vis-à-vis the
central government, as well as the methods of their financing;
16.6.8. investigate and prosecute all cases of violence and harassment
against all members of the national minority communities, all human
rights activists – including those dealing with the rights of the
lesbian, gay, bisexual and transgender population – and journalists,
and take positive steps to ensure their protection;
16.6.9. intensify good, neighbourly relations with the kin-states
(Romania, Hungary, Croatia and "the former Yugoslav Republic of
Macedonia") by fully implementing the bilateral agreements which
they have signed. The same applies to the authorities of the neighbouring
states;
16.6.10. work with the Council of Europe in the implementation
of the recommendations of the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT);
16.6.11. take appropriate measures to increase the pluralism of
the media, ensure the proper application of the Broadcasting Law
and ensure transparency in the work of the Republican Broadcasting
Agency;
16.6.12. continue educational reform and make arrangements to teach
the principles of tolerance, respect for others, intercultural dialogue
and reconciliation;
16.6.13. sign and ratify the European Convention on Nationality
(ETS No. 166) and the Council of Europe Convention on the Avoidance
of Statelessness in Relation to State Succession (CETS No. 200);
16.6.14. continue working to ensure permanent, safe and sustainable
return of refugees and displaced persons, where possible, and spare
no efforts to find durable solutions for those who decide to stay
in Serbia.
17. As regards accession to the Council of Europe conventions,
the Assembly:
17.1. welcomes the
fact that, to date, Serbia has signed and ratified 59 Council of
Europe conventions;
17.2. calls upon the Serbian authorities to ratify, without
further delay, the 14 conventions signed but not ratified to date
and, in particular, the (revised) European Social Charter (ETS No.
163).
18. On the basis of the above recommendations, the Assembly invites
the Serbian authorities to draw up a roadmap for the implementation
of the remaining obligations and commitments in the field of co-operation
with the ICTY, the functioning of democratic institutions, the rule
of law and human rights. This roadmap should help the Serbian authorities
and the Assembly pave the way for the closing of the monitoring
procedure and the opening of the post-monitoring dialogue.
19. Pending progress in the implementation of the above recommendations,
the Assembly resolves to continue the monitoring procedure with
respect to Serbia.