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Recommendation 1923 (2010) Final version
The situation in Kosovo* and the role of the Council of Europe
1. Referring to its Resolution 1739 (2010) on
the situation in Kosovo and the role of the Council of Europe, the
Parliamentary Assembly is of the view that, although divided on
the issue of status, Council of Europe member states should be united
in supporting a greater involvement of the Council of Europe in
Kosovo, for the benefit of all its inhabitants.
2. Although more than two thirds of Council of Europe member
states have recognised Kosovo as an independent state, the Organisation
implements a policy of status-neutrality towards Kosovo. In these circumstances,
the Assembly believes that the Council of Europe engagement in Kosovo
should aim at raising standards in the field of democracy, human
rights and the rule of law, so that people in Kosovo can enjoy an equivalent
level of rights to that upheld by the Council of Europe, irrespective
of the status of Kosovo.
3. To this end, the Council of Europe should broaden the range
of its activities in Kosovo and demonstrate pragmatism, flexibility
and imagination in finding formulas which would enable the broadest
possible range of Council of Europe activities and mechanisms to
apply in Kosovo, while respecting its current policy of status-neutrality.
4. In the light of these considerations, the Assembly recommends
that the Committee of Ministers:
4.1. clearly
formulate the political commitment that the Council of Europe should
contribute to raising the standards of democracy, human rights and
the rule of law in Kosovo, and consider this as a priority area
for the work of the Organisation;
4.2. give priority to activities aimed at improving the rule
of law, fighting corruption, organised and economic crime and reinforcing
the judiciary in Kosovo;
4.3. continue its activities in the field of education, as
well as protection and rehabilitation of the cultural heritage in
Kosovo, which play a fundamental role in fostering interethnic dialogue
and reconciliation;
4.4. support the continuation and further development of activities
which bring together individuals from different Kosovo communities;
4.5. take a proactive approach in negotiating new modalities
to ensure the continuation of the work of the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) and the Advisory Committee on the Framework
Convention for the Protection of National Minorities in Kosovo and
ensure that the reports issued by these bodies are addressed directly to
those authorities which have real and effective authority in the
relevant domain, and which can subsequently implement the relevant
recommendations;
4.6. initiate a feasibility study on how to extend the implementation
of other Council of Europe monitoring mechanisms to Kosovo;
4.7. conduct a study on the relevance and applicability of
the case law of the European Court of Human Rights to the issue
of restitution of properties or provision of equivalent financial
compensation to the case of Kosovo;
4.8. support activities aimed at fostering gender equality,
fighting violence against women, including domestic violence, and
combating trafficking in human beings in Kosovo;
4.9. set up activities aimed at strengthening the independence
of the media in Kosovo;
4.10. step up activities on the situation of the Roma, Ashkali
and Egyptian communities in Kosovo;
4.11. reinforce the role, visibility and capacities of the Council
of Europe office in Pristina, in particular by enhancing its resources
and capacity for political analysis and early warning;
4.12. continue to co-operate closely with the complex institutional
layout present in Kosovo, including international actors and Kosovo
institutions, and reinforce its contacts with civil society and
non-governmental organisations;
4.13. ensure that the policy of status-neutrality is implemented
in such a way as not to prevent direct working contacts between
Council of Europe staff and the Kosovo authorities, at all levels,
when such contacts are justified by the need to ensure the smooth
implementation of Council of Europe activities which respect status-neutrality.