18 January 1994

Doc. 6998

REQUEST FOR AN OPINION

FROM THE COMMITTEE OF MINISTERS TO THE ASSEMBLY

on the accession of "the Former Yugoslav Republic of Macedonia"

to the Council of Europe

Resolution (94) 2

on "the Former Yugoslav Republic of Macedonia"

(adopted by the Committee of Ministers on 14 January 1994

at the 506th meeting of the Ministers' Deputies)

      The Committee of Ministers,

      Recalling its decision, expressed at its 8th Session in May 1951, to consult the Parliamentary Assembly before inviting a state to become a member or associate member of the Council of Europe in conformity with the provisions of the Statute;

      Considering that the Government of "the Former Yugoslav Republic of Macedonia" in its letter of 25 June 1993 addressed to the Secretary General of the Council of Europe, expressed the wish to be invited to become a member of the Council of Europe and declared its readiness to respect the principles stated in Article 3 of the Statute;

      Having noted with satisfaction the interest shown by "the Former Yugoslav Republic of Macedonia" in acceding to the Organisation;

      Wishing "the Former Yugoslav Republic of Macedonia" to join the Council of Europe as soon as the conditions laid down in the Statute are fulfilled,

      Invites the Parliamentary Assembly to express its opinion on the matter and brings the following considerations to the attention of the Assembly at this stage:

      At the Summit Meeting in Vienna, on 9 October 1993 the heads of state and governments of member states stated that:

      "The Council of Europe is the pre-eminent European political institution capable of welcoming, on an equal footing and in permanent structures, the democracies of Europe freed from communist oppression. For that reason the accession of those countries to the Council of Europe is a central factor in the process of European construction based on our Organisation's values.

      Such accession presupposes that the applicant country has brought its institutions and legal system into line with the basic principles of democracy, the rule of law and respect for human rights. The people's representatives must have been chosen by means of free and fair elections based on universal suffrage. Guaranteed freedom of expression and notably of the media, protection of national minorities and observance of the principles of international law must remain, in our view, decisive criteria for assessing any application for membership. An undertaking to sign the European Convention on Human Rights and accept the Convention's supervisory machinery in its entirety within a short period is also fundamental. We are resolved to ensure full compliance with the commitments accepted by all member states within the Council of Europe."

      In his letter dated 25 June 1993, the Minister for Foreign Affairs of "the Former Yugoslav Republic of Macedonia" indicated that "the Former Yugoslav Republic of Macedonia" would be prepared, like any other member state, to become Party to the European Convention on Human Rights. The Committee of Ministers took note with satisfaction of this intention and expects of the Government of "the Former Yugoslav Republic of Macedonia" that it will express its intention to recognise the right of individual petition and the compulsory jurisdiction of the European Court of Human Rights. "The Former Yugoslav Republic of Macedonia" would thus have to give practical effect to the obligations under the Convention throughout the whole of its territory at the various levels of the administration.

      The Committee of Ministers also wishes to highlight the political importance of the commitments which membership of the Council of Europe implies in regard to respect for the rules governing the democratic process and to the solving of problems through political dialogue. Membership of the Council of Europe also implies an undertaking to settle by dialogue and negotiation any outstanding question in relations between member states and candidate states.

      The Committee of Ministers stresses the importance it attaches to the respect for human rights and fundamental freedoms of all persons living on the territory of "the Former Yugoslav Republic of Macedonia", including those belonging to national minorities and ethnic groups.

      The Committee of Ministers affirms its willingness to deepen its dialogue with "the Former Yugoslav Republic of Macedonia" authorities and to provide co-operation and assistance programmes aiming at facilitating "the Former Yugoslav Republic of Macedonia"'s transition to democracy and its legislative and administrative reforms.

      The Committee of Ministers also declares its readiness to maintain a continuing dialogue with the Parliamentary Assembly and its competent committees on the matter of "the Former Yugoslav Republic of Macedonia"'s application for membership, in line with the suggestions made in the Committee of Ministers' memorandum of 29 October 1993 on the Role of the Committee of Ministers in the Procedure for the Accession of new member states/relations with the Parliamentary Assembly.