Doc. 8909

18 December 2000

Accession of the Federal Republic of Yugoslavia

Request for an opinion

from the Committee of Ministers

Resolution (2000) 15 on the Federal Republic of Yugoslavia

(adopted by the Committee of Ministers on 22 November 2000 at the 730^th meeting of the Ministers’ Deputies)

The Committee of Ministers,

Recalling its decision, expressed at its 8^th 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 Federal Republic of Yugoslavia, in its letter of 9 November 2000 addressed to the Secretary General of the Council of Europe, expressed the wish to become a member of the Council of Europe in conformity with Article 4 of the Statute and declared its readiness to respect the principles stated in Article 3 of the Statute;

Having noted with satisfaction the interest shown by the Federal Republic of Yugoslavia in acceding to the Organisation;

Noting that a consensus exists among its member states in favour of the accession of the Federal Republic of Yugoslavia, as one of the equal successor states of the former Socialist Federal Republic of Yugoslavia, to the Organisation as soon as the requirements of the Statute have been met, namely the implementation of the principles of pluralist democracy, respect for human rights and the rule of law. This implies that the legislative and judicial system of the country should be brought into line with the principles of the rule of law;

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 Government 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 9 November 2000, the Minister for Foreign Affairs of the Federal Republic of Yugoslavia indicated that the Federal Republic of Yugoslavia 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. The Federal Republic of Yugoslavia 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 wishes to draw the Assembly’s attention to the importance it attaches to the Federal Republic of Yugoslavia’s active co-operation with the International Criminal Tribunal for the Former Yugoslavia and to other priority issues mentioned in Resolution 1230 (2000) of the Parliamentary Assembly.

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, especially the open issues of the state succession of the former Socialist Federal Republic of Yugoslavia.

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 Federal Republic of Yugoslavia including those belonging to national minorities and ethnic groups. It takes note with satisfaction of the commitment of the Federal Republic of Yugoslavia to respect the rule of law, human rights, rights of national minorities and fundamental freedoms on the basis of the conventions of the Council of Europe and other documents. In this context, the Committee of Ministers welcomes the intention of the Federal Republic of Yugoslavia to become a Party to the Framework Convention for the protection of national minorities.

The Committee of Ministers affirms its willingness to deepen its dialogue with the authorities of the Federal Republic of Yugoslavia and to provide co-operation and assistance programmes aimed at facilitating the Federal Republic of Yugoslavia’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 Federal Republic of Yugoslavia’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.