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Resolution 1786 (2011) Final version
Reconciliation and political dialogue between the countries of the former Yugoslavia
1. The conflicts that ravaged the
territory of the former Yugoslavia between 1991 and 1995 were the deadliest
in Europe since the Second World War. They were characterised by
heinous war crimes, including genocide, with ethnic cleansing and
rape being used as instruments of warfare, and cost the lives of approximately
140 000 people.
2. The Parliamentary Assembly notes that the conflicts have shaped
a new political and institutional panorama and have resulted in
a new human geography with profound demographic transformations:
more than 300 000 persons are internally displaced and there are
still over 120 000 refugees unable or unwilling to return to the
areas they lived in before the outbreak of war. The identification
of missing persons and the discovery of mass graves is still ongoing,
but approximately 14 000 people are still unaccounted for.
3. The Assembly supports the efforts of the countries of the
former Yugoslavia to reconcile and reconstruct a new relationship
with each other and welcomes their commitment to regional co-operation,
which indicates a greater willingness to overcome the legacy of
the past. It notes with satisfaction a number of positive examples
of people and leaders from the region working together for change:
3.1. co-operation with the International
Criminal Tribunal for the former Yugoslavia (ICTY) has improved
markedly over the years and the vast majority of indictees have
already been transferred into ICTY custody; the Palić Process has
promoted inter-state dialogue and judicial co-operation in war crime proceedings;
3.2. there has been an intensification of relations between
Belgrade and Zagreb; the heads of state of all the countries of
the former Yugoslavia attended a memorial ceremony in Srebrenica
in July 2010 to commemorate the 15th anniversary of the massacre;
3.3. the unearthing of mass graves and DNA-assisted identifications
have shed light on the fate of many missing persons; in November
2010, President Tadić and President Josipovićadvocated
the opening of all archives without exception;
3.4. Bosnia and Herzegovina, Croatia, Montenegro and Serbia
are committed to implementing the Sarajevo Declaration, signed in
2005, in which they agreed to find a solution to the problem of
internally displaced persons and refugees, with the assistance of
the international community;
3.5. in March 2010, a number of the countries of the former
Yugoslavia launched the Brdo Process and agreed to provide each
other with mutual support and to do their utmost to address open
bilateral issues in a European spirit;
3.6. in the Istanbul Declaration, signed in April 2010, Bosnia
and Herzegovina and Serbia pledged to overcome their historic differences
and build a common future based on tolerance and understanding and
agreed that regional policy should be based on ensuring security
and permanent political dialogue;
3.7. a number of states are beginning to agree to have outside
bodies arbitrate over border disagreements, with Croatia and Slovenia
setting a positive precedent;
3.8. steps have been taken across the region to adopt measures
to combat discrimination, and national minority councils have been
established in Bosnia and Herzegovina and Serbia to represent the rights
and interests of minorities.
4. The Assembly particularly welcomes the initiative recently
taken by a coalition of non-governmental organisations from the
region to create a Regional Commission for Establishing the Facts
about the War Crimes in the former Yugoslavia (RECOM) to document
all crimes committed during the wars in order to honour and acknowledge
all the victims.
5. Although significant progress has been achieved in recent
years, the Assembly finds that the situation varies considerably
from one country to another and that the effectiveness of policy
reforms often falls short of expectations.
6. Furthermore, the Assembly notes with concern that public discourse
on the war and its legacy varies from one country to another and
can be a potential source of hatred and conflict. It considers that,
in the same way in which ethnic conflict and civil war are not natural,
but man-made tragedies, their prevention and settlement do not happen
automatically either. The leadership needs to be capable, determined
and visionary in its commitment to peace.
7. In the Assembly’s view, renewed efforts are needed by all
the governments in the region to achieve full reconciliation and
Euro-Atlantic integration. It therefore calls on the countries of
the former Yugoslavia concerned to:
7.1. ensure that the issue of missing persons remains a priority,
open their archives and provide appropriate funding for civil society
initiatives which seek to create records of victims of the conflicts
in order to address the legacy of the past;
7.2. ensure full co-operation with the ICTY on war crimes prosecution,
give priority to tracking down and arresting the remaining fugitives,
and ensure the full protection of witnesses;
7.3. intensify technical co-operation to establish clear statistics
relevant to refugee return and local integration, and continue providing
support for the return and reintegration of refugees in their place
of origin or, where appropriate, for integration in the place of
displacement, in co-operation with the international community,
giving priority to the promotion of access to basic rights, including
housing, education, health, employment and social services;
7.4. resolve to settle any outstanding border disputes and,
where appropriate, commit themselves to a binding arbitration mechanism;
7.5. step up efforts to ensure the effective implementation
of anti-discrimination legislation and the protection of minorities
and investigate fully and in a timely manner all reported incidents
of violence, intimidation and harassment against members of minority
groups;
7.6. support cross-border, grass-root and civil society initiatives
aimed at reconciling citizens from different countries;
7.7. support the establishment of a regional truth and reconciliation
commission, with the participation of all countries involved in
the conflicts, with a view to reaching a mutual understanding of
past events and to honouring and acknowledging all the victims.
8. With regard to the situation in Bosnia and Herzegovina, the
Assembly regrets that the general elections held on 3 October 2010
were once again conducted with ethnic and residence-based limitations
to active and passive suffrage rights, and that the constitutional
deadlock continues to be an obstacle impeding the country from moving
ahead towards a fully-fledged democracy that can take responsibility
for its own affairs. It therefore reiterates its recommendations
to Bosnia and Herzegovina to:
8.1. take
urgent steps to respect its commitments as a member of the Council
of Europe and undertake comprehensive key reforms, including constitutional
reforms, and ensure full compliance with the December 2009 ruling
of the European Court of Human Rights in the case of Sejdić and Finci v. Bosnia and Herzegovina,
taking full account of the recommendations of the European Commission
for Democracy through Law (Venice Commission);
8.2. work on strengthening the functioning of its state democratic
institutions in order to achieve a fully sustainable state capable
of dealing efficiently with the challenges of Euro-Atlantic integration,
and make progress towards the closure of the Office of the High
Representative.
9. The Assembly stresses that the perspective of European Union
integration remains an important incentive for the success of the
reconciliation process in the region. Noting that the states of
the former Yugoslavia are at different stages with regard to this
process, and that progress made towards European Union membership
varies greatly, it believes that the European Union can provide
the necessary political drive and leverage in favour of dialogue,
particularly through the European External Action Service, in co-operation
with other relevant actors present in the region. The Assembly therefore
encourages the European Union to:
9.1. promote
a region-wide process, decoupled from the accession and pre-accession
processes, to support the countries’ efforts to deal effectively
with outstanding issues and persistent challenges to a full normalisation
of the region;
9.2. closely co-operate with the Council of Europe, the Organization
for Security and Co-operation in Europe, the United Nations High
Commissioner for Refugees and the Regional Cooperation Council, which
have the legal instruments and the expertise to address the outstanding
issues.
10. The Assembly is convinced that inter-parliamentary dialogue
at regional level should be supported and stresses the importance
of strengthening the role of the national parliaments of the states
of the former Yugoslavia in any endeavours aimed at full reconciliation
in the region. For its part, the Assembly resolves to offer a platform
for such a dialogue, where appropriate in co-operation with the
European Parliament.