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Contested credentials of the parliamentary delegation of Serbia and Montenegro
Doc. 10155
27 April 2004
Report
Political Affairs Committee
Rapporteur : Mr Jakic, Slovenia, Liberal, Democratic and Reformers’ Group
Summary
Rule 8.2.a of the Rules of Procedure of the Assembly allows to challenge the credentials of a national delegation for a “serious violation of the basic principles of the Council of Europe mentioned in Article 3 of, and the Preamble to, the Statute” of the Council of Europe. Rule 9 allows for the reconsideration of the credentials on the same grounds. However, both Rules only concern a national delegation as a whole.
The Assembly should remedy this loophole by amending its Rules of Procedure. It should be possible to challenge the credentials of individual members of a delegation on substantial grounds.
The issue of political extremism has been dealt with by the Assembly in its Resolution 1344 (2003) on the threat posed to democracy by extremist parties and movements in Europe. When members of extremist parties, which do not share the basic values of the Council of Europe, are appointed to a national delegation, the Assembly must be able to deal with this challenge.
Challenging the credentials of the whole delegation of Serbia and Montenegro would penalise the democratic forces in this country.
Therefore, it is recommend to ratify the credentials of the national delegation of Serbia and Montenegro.
I. Draft resolution [Link to the adopted text]
1. The Parliamentary Assembly of the Council of Europe refers to Rule 8.2.a of its Rules of Procedures which allows to challenge the credentials of a national delegation because of a serious violation of the basic principles of the Council of Europe mentioned in Article 3 of, and the Preamble to, the Statute of the Council of Europe.[1]
2. The Assembly associates itself with the statement by its President on the latest elections in Serbia and considers Mr Slobodan Milosevic, Mr Vojislav Seselj and Mr Nebojsa Pavkovic, all of whom are accused of serious violations of international humanitarian law before the International Criminal Tribunal for the former Yugoslavia but nevertheless were the top candidates of their respective political parties, to bear political and moral responsibility for the horrific inter-ethnic wars in former Yugoslavia. The Assembly strongly regrets that these political parties have not distanced themselves from the terrible war crimes committed during the inter-ethnic wars.
3. Referring to its Resolution 1344 (2003) on the threat posed to democracy by extremist parties and movements in Europe, the Assembly considers it necessary to be able to deal with extremist parties and individual members of such parties when they are appointed members of national delegations to the Assembly.
4. The Assembly notes with regret that Rules 8 and 9 in their current wording do not allow for challenging the credentials of individual members of a national delegation on substantial grounds, for instance a serious violation of the basic principles of the Council of Europe by one or several members of a delegation.
5. The Assembly resolves to adapt its Rules as quickly as possible in a manner to allow that the credentials of individual members can be contested on the grounds of substance so that democratic forces in a given delegation do not suffer from restrictions on credentials.
6. The Assembly considers it inappropriate not to ratify the credentials of the whole delegation of Serbia and Montenegro because of individual members of this delegation. Such a decision would punish the democratic forces in Serbia and Montenegro represented in its national delegation and play into the hands of those politicians who do not respect the basic principles of the Council of Europe.
7. Consequently, the Assembly cannot but ratify the credentials of the parliamentary delegation of Serbia and Montenegro.
II. Explanatory memorandum
1. Rule 8.2.a of the Rules of Procedure of the Assembly allows to challenge the credentials of a national delegation for a “serious violation of the basic principles of the Council of Europe mentioned in Article 3 of, and the Preamble to, the Statute” of the Council of Europe.[2] Rule 9 allows for the reconsideration of the credentials on the same grounds. However, both Rules only concern a national delegation as a whole.
2. In their current wording, Rules 8 and 9 of the Assembly’s Rules of Procedure thus open the possibility to challenge the credentials of a whole delegation on substantial grounds, although such grounds may have been set by individual members.
3. The issue of political extremism has been dealt with by the Assembly in its Resolution 1344 (2003) on the threat posed to democracy by extremist parties and movements in Europe. When members of extremist parties, which do not share the basic values of the Council of Europe, are appointed to a national delegation, the Assembly must be able to deal with this challenge.
4. With regard to the national delegation of Serbia and Montenegro, leaders of national parties represented in this delegation are accused of serious violations of international humanitarian law before the International Criminal Tribunal for former Yugoslavia in The Hague, namely Mr Slobodan Milosevic and Mr Vojislav Seselj. Prominent members of this delegation even associate themselves with the accused and thus reject fundamental principles of the Council of Europe. Mr Tomislav Nikolic, member of the delegation of Serbia and Montenegro, is cited in the media that he is not sorry that the journalist Slavko Curuvija was killed and that he dedicated the victory of the Serb Radical Party to Vojislav Seselj and other Serb inmates in The Hague.
5. Challenging the credentials of the whole delegation of Serbia and Montenegro would penalise the democratic forces in this country.
6. Therefore, I recommend to ratify the credentials of the national delegation of Serbia and Montenegro, but to express in the non-operational part of the Resolution a clear position on the political necessity of upholding the basic principles of the Council of Europe.
7. The Assembly should finally also remedy this loophole by amending its Rules of Procedure. It should be possible to challenge the credentials of individual members of a delegation on substantial grounds.
Reporting Committee: Political Affairs Committee.
Reference to Committee: Assembly’s decision of 26 April 2004, Rule 8.2a of the Rules of Procedure.
Draft Resolution unanimously adopted by the Committee on 27 April 2004
Members of the Committee : Jakic (Chairman), Margelov (Vice-Chairman), Spindelegger (Vice-Chairman), Ates (Vice-Chairman), Aguiar, Akhvlediani, de Aristegui, Arzilli, Atkinson, Azzolini, Ban�š, Berceanu, Bianco, Blankenborg, Van den Brande, Cekuolis, Davern, Dreyfus-Schmidt, Druviete, Duivesteijn, Durrieu, Elo, Glesener, Goulet, Gross, Hedrich, Henry, H�rster, Iwinski, Jahic, Jovaševic, Judd, Kalezic, Karpov, Klich, Ko�i, Kosachev (alternate: Kolesnikov), Kostenko, Lindblad, van der Linden, Lloyd, Loutfi, Magnusson, Martinez-Casan, Marty (alternate: Reimann), Matušic, Medeiros Ferreira, Meimarakis, Mercan, Mignon, Mihkelson, Narochnitskaya, Nemcova, Nemeth, Oliynyk, Ouzky, Pangalos (alternate: Vrettos), Petrova-Mitevska, Petursdottir, Pintat Rossell, Pourgourides, Prentice, Prijmireanu, Prisacaru, de Puig, Pullicino Orlando, Ranieri (alternate : de Zulueta), Roth, Severin, Severinsen, Seyidov, Slutsky, Tabajdi, Tekelioglu, Torosyan, Toshev, Tritz, Vakilov, Wielowieyski, Wohlwend, Wurm, Zacchera (alternate: Malgieri).
Ex-officio: Davis, E�rsi, Einarsson, Russell-Johnston
N.B. : The names of the members who took part in the meeting are printed in italics
Head of the Secretariat : Mr Perin
Secretaries to the Committee: Mrs Ruotanen, Mr Chevtchenko, Mr Dossow
[1] Article 3 of the Statute of the Council of Europe reads: “Every member of the Council of Europe must accept the princi�ples of the rule of law and of the enjoyment by all persons within its jurisdic�tion of human rights and fundamen�tal freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.” The Preamble refers to basic principles in the following paragraphs: “Convinced that the pursuit of peace based upon justice and international co-operation is vital for the pres�ervation of human society and civilisation; Reaffirming their devotion to the spiritu�al and moral values which are the common heritage of their peoples and the true source of indi�vidual freedom, political liberty and the rule of law, princi�ples which form the basis of all genuine democracy; Believing that, for the maintenance and further realisation of these ideals and in the interests of economic and social prog�ress, there is a need of a closer unity between all like-minded countries of Europe”.
[2] Article 3 of the Statute of the Council of Europe reads: “Every member of the Council of Europe must accept the princi�ples of the rule of law and of the enjoyment by all persons within its jurisdic�tion of human rights and fundamen�tal freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.” The Preamble refers to basic principles in the following paragraphs: “Convinced that the pursuit of peace based upon justice and international co-operation is vital for the pres�ervation of human society and civilisation; Reaffirming their devotion to the spiritu�al and moral values which are the common heritage of their peoples and the true source of indi�vidual freedom, political liberty and the rule of law, princi�ples which form the basis of all genuine democracy; Believing that, for the maintenance and further realisation of these ideals and in the interests of economic and social prog�ress, there is a need of a closer unity between all like-minded countries of Europe”.