Print
See related documents
Resolution 2094 (2016)
The situation in Kosovo* and the role of the Council of Europe
1. Nearly eight
years have elapsed since the declaration of independence by the
Assembly of Kosovo. Since then, Kosovo has been recognised as a
sovereign and independent State by 34 Council of Europe member States.
However, 13 Council of Europe member States have not recognised
Kosovo as a sovereign and independent State. Accordingly, the Council
of Europe follows a policy of status-neutrality towards Kosovo, while
supporting its progressive alignment with the Council of Europe’s
standards in the areas of democracy, human rights and the rule of
law.
2. The Parliamentary Assembly acknowledges the progress achieved
in Kosovo in the area of democracy, with the smooth and transparent
organisation of legislative elections in 2014, which, for the first
time, were held throughout Kosovo and with the participation of
Kosovo Serbs in the vote. It regrets, however, that the legislative
work of the Assembly of Kosovo has been delayed by numerous political
stand-offs, which indicate the inability of Kosovo’s political forces
to develop constructive dialogue on issues of crucial importance.
It also condemns all manifestations of violence, considering those
taking place in a legislative chamber to be of particular gravity
and liable to undermine people’s trust in democratic institutions.
3. The Assembly welcomes the adoption by the Assembly of Kosovo
of the constitutional amendments which paved the way for the creation
of specialist chambers to prosecute the cases investigated by the
Special Investigative Task Force, as a follow-up to Assembly Resolution 1782 (2011) on the investigation of allegations of inhuman treatment
of people and illicit trafficking in human organs in Kosovo. The
Assembly considers this decision as a step towards reconciliation
and a sign of the authorities’ willingness to fight against impunity.
4. As regards the protection of human rights and inter-community
relations, the Assembly regrets that ethnically-related incidents
continue to occur, while recognising that the general climate of
security has improved. It calls on the Kosovo authorities to remain
vigilant in this area, to condemn all forms of ethnically- motivated
attacks, including those against cultural heritage, irrespective
of their gravity and frequency, and act with a sense of responsibility
in their public discourse in order to continue easing tensions.
The Assembly considers the delivery of justice as the best way to
reassure non-majority communities that they are safe in Kosovo and
protected by the law.
5. In the Assembly’s view, ensuring the respect of the rule of
law and its effective enforcement should be the first and foremost
priority of the Kosovo authorities. Endemic and widespread corruption
in all aspects of government, justice and the economy negatively
impacts the lives of people in Kosovo, irrespective of their community;
it is an impediment to the overall strengthening of standards and
holds back Kosovo’s economic development.
6. The Assembly attaches great importance to the European Union-facilitated
dialogue on normalisation of relations between Belgrade and Pristina
and welcomes the beginning of accession negotiations between Serbia
and the European Union in 2014, and the signature of the Stabilisation
and Association Agreement between the European Union and Kosovo
in October 2015. It believes that the continuation of dialogue between
Belgrade and Pristina, the availability of a European perspective
for both and the further strengthening of the standards of democracy,
human rights and the rule of law in Kosovo are of major importance
for Kosovo’s democratic security and for the stability of the region
of the western Balkans as a whole. The Assembly also attaches great
importance to the National Action Plan for the implementation in
Kosovo of United Nations Security Council Resolution 1325 (2000)
on Women, Peace and Security.
7. With these considerations in mind, the Assembly calls on the
Kosovo authorities to:
7.1. do their
utmost to eradicate corruption from all areas of government, justice
and the economy, including by:
7.1.1. implementing
the Anti-Corruption Strategy 2012-2016 and its action plan and monitoring their
implementation;
7.1.2. improving co-ordination between the different organs working
on anti-corruption and economic crime;
7.1.3. encouraging the Kosovo Anti-Corruption Agency to take
a more proactive approach during the investigation stage;
7.1.4. ensuring that the public prosecutor follows up the cases
transmitted by the Kosovo Anti-Corruption Agency;
7.2. act with greater resolve to strengthen the rule of law
and its enforcement, including by:
7.2.1. protecting the judiciary and the prosecution from political
influence and interference;
7.2.2. ensuring the professionalism, impartiality and independence
of the judiciary and the prosecution;
7.2.3. implementing the Kosovo Judiciary Strategic Plan (2014-2019);
7.2.4. strengthening the rules concerning disciplinary sanctions
against law-enforcement officials, ensuring their implementation
and that the public is adequately informed;
7.2.5. improving the continued training of judges and prosecutors,
including in international human rights law;
7.2.6. pursuing the investigation and prosecution of war crimes;
7.2.7. enforcing the witness protection system;
7.3. tackle unemployment, especially among young people and
women;
7.4. implement all the agreements stemming from the dialogue
between Belgrade and Pristina, particularly the Agreement on the
establishment of the Association/Community of Serb majority municipalities;
7.5. continue to build mutual trust between communities; protect
the rights of minorities and their safety while promoting their
economic integration, in particular by:
7.5.1. investing in job-creation activities, especially in areas
inhabited by non-majority communities;
7.5.2. continuing the integration of Kosovo Serbs in the judiciary,
including in the north of Kosovo and, in general, promoting the
recruitment of staff from non-majority communities in public administration
and public companies, with a view to reflecting Kosovo’s ethnic
diversity;
7.5.3. ensuring full and efficient implementation of the procedure
to recognise diplomas issued by the University of Mitrovicë/Mitrovica;
7.5.4. ensuring the protection of all cultural heritage, with
special regard to the cultural heritage of non-majority communities
irrespective of the rejection of Kosovo’s membership application
to the United Nations Educational, Scientific and Cultural Organization
(UNESCO);
7.5.5. creating conditions for the return of displaced persons,
by ensuring the effective reintegration of their property rights
and facilitating their employment or the development of other income-generating
activities;
7.5.6. addressing the specific challenges preventing the integration
of Roma, Ashkali and Egyptians, including early school dropout,
child labour and early marriage;
7.5.7. supporting inter-community dialogue, also at the level
of civil society, and refraining from any public discourse that
might fuel inter-community tensions;
7.5.8. supporting cross-border exchanges and dialogue on the
issues of reconciliation and living together;
7.6. implement and evaluate the impact of the new anti-discrimination
law;
7.7. implement and evaluate the impact of the new law on gender
equality; organise or support public campaigns to raise awareness
of gender-based violence, and endorse and implement the principles
of the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (CETS No. 210);
7.8. continue to tackle the phenomenon of foreign fighters,
with an emphasis on prevention of radicalisation and the implementation
of the new specific legislation on this issue; implement the National
Strategy against Terrorism (2012-2017) and the Strategy for the
prevention of violent extremism and radicalisation leading to terrorism
(2015-2020);
7.9. address the root causes of irregular migration and organise
public campaigns to dissuade people from embarking on such a course;
7.10. take resolute action against money laundering, drug trafficking,
smuggling of migrants, trafficking in human beings, the arms trade
and illegal possession of weapons;
7.11. continue negotiations with the Netherlands with a view
to establishing the specialist chambers in the Hague, and ensure
co-operation with them once they are set up.
8. The Assembly encourages the United Nations Interim Administration
Mission in Kosovo (UNMIK) to increase its capacities for co-operation
with INTERPOL and EUROPOL and encourages the authorities in Pristina
to use the available mechanisms which are already in place.
9. The Assembly invites the Assembly of Kosovo to:
9.1. pursue its legislative programme
without undue delay;
9.2. strengthen its oversight of the government;
9.3. strengthen mechanisms for consultation with civil society,
particularly organisations representing women;
9.4. adopt new rules of procedure for its work, in line with
European standards;
9.5. promote gender equality, and equality for LGBTQ persons,
within its structures and gender mainstreaming in its functioning,
enhancing the appointment of women to decision-making positions
and the examination of Kosovo’s budget from a gender perspective;
9.6. adopt the reform of the public administration, ensuring
that recruitment and advancement are based on merit, and promoting
its impartiality;
9.7. enable the proper functioning of the Ombudsperson institution,
engage in a constructive dialogue with it, follow up its recommendations
and ensure that it has the necessary resources to carry out its mandate.
10. The Assembly calls on the political forces that are represented
in the Assembly of Kosovo to ensure that a constructive political
dialogue takes place between the majority and the opposition.
11. The Assembly calls on the authorities in Belgrade and Pristina
to:
11.1. continue European Union-facilitated
dialogue on normalisation of relations in an open and constructive
spirit, and to include women in the dialogue in accordance with
United Nations Security Council Resolution 1325 on Women, Peace
and Security;
11.2. step up co-operation in order to dismantle transnational
criminal networks operating in the region; make progress on the
issue of missing persons; and facilitate the investigation and prosecution
of war crimes.
12. The Assembly recommends that the Kosovo authorities intensify
dialogue and co-operation with the Council of Europe and its different
bodies and institutions, notably by:
12.1. asking for the assistance of the European Commission for
Democracy through Law (Venice Commission) to fully align its electoral
legislation with international standards;
12.2. following up the recommendations formulated by Council
of Europe monitoring bodies, inter alia those
of the European Committee for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT), the Group of Experts
on Action against Trafficking in Human Beings (GRETA), the Advisory
Committee of the Framework Convention for the Protection of National
Minorities and those formulated in the context of the joint European
Union/Council of Europe Project against Economic Crime in Kosovo
(PECK);
12.3. co-operating fully and effectively with the wide range
of Council of Europe mechanisms and projects available to Kosovo.
13. The Assembly resolves to step up dialogue with the Assembly
of Kosovo and recommends that its Bureau modify the current format
for co-operation with the political forces elected to the Assembly
of Kosovo, with a view to inviting the Assembly of Kosovo to designate
a delegation which would ensure the representation also of minority
communities, in addition to the majority and the opposition.