ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Europarådet 2004-05 (2. samling)
ERD Alm.del Bilag 98
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Parliamentary Assembly

Assemble parlementaire

Parliamentary Assembly

Assemblee parlementaire

COUNCIL

OF EUROPE

CONSEIL

DE L'EUROPE

Doc. 10572

3 June 2005

Europarådet (2. samling)

ERD alm. del - Bilag 98

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Current situation in

Kosovo

Report

Political Affairs Committee

Rapporteur: Mrs Marianne Tritz, Germany, Socialist Grou

Summary

ty over the further political stabilisation of the entire

The present undecided status of Kosovo casts uncertain

n and economic recovery. On the status issue,

region, including its perspectives of European integratio

no indication of a compromise is in sight.

the positions of the parties concerned are polarised and

however,

is necessary with a view to reaching a peaceful

establishment of a genuine dialogue between the parties

The

ns from both sides.

and mutually acceptable solution which requires concessio

in strengthening democracy and the rule of law and

Bearing in mind the role played by the Council of Europe

amentary Assembly believes that the Council

g human rights standards in "new democracies", the Parli

raisin

in the search for a durable stabilisation of Kosovo. Its

of Europe should endeavour to play a similar role

blishment of a political dialogue and on the other,

action should aim, on the one hand, at facilitating the esta

ards in the fields of democracy, rule of law, good

at ensuring that in Kosovo, Council of Europe stand

s are achieved and irreversibly secured, as well

governance, protection of national minorities and human right

ethnic groups.

as mutual trust between individuals belonging to different

+33 3 88 41

Council of Europe Parliamentary Assembly, F — 67075 Strasbourg Cedex, tel.:

20 00, fax +33 3 88 41 27 76, http://assembly.coeint, assembly@coeint

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

Draft resolution

For the last six years, Kosovo has been subjected to an

interim United Nations administration,

pending a final settlement. The Parliamentary Assembly believes

that the undecided status of Kosovo casts

uncertainty over the further political stabilisation of the entire

region, including its perspective of European

integration, affects its economic recovery and prevents a num

ber of displaced persons and refugees from

Kosovo from reaching a decision whether to return to their hom

es.

Recalling its Resolutions 1375 (2004) on the situation in Koso

vo and 1417 (2005) on the protection

of human rights in Kosovo, the Assembly reiterates its aspiratio

n for Kosovo to be, irrespective of its status,

an area which is safe for all those who live in it, where Council

of Europe standards of democracy, rule of

law, protection of human rights and rights of national mino

rities and good governance are fully enforced,

where recourse to the European Convention on Human Rights

is available to everyone and where the values

of democracy, tolerance and multiculturalism are shared by

its people and institutions.

The progress achieved in the implementation of the Standard

s for Kosovo, as indicated by the

Technical Assessment presented by the Secretary General'

s Special Representative (SRSG) to the UN

Security Council on 27 May 2005, shows that important step

s are being made in the right direction. The

establishment of a climate of trust between people belongin

g to different ethnic groups, however, is a long-

term objective which will require further attention by those

having governmental authority over Kosovo as

well as by the international community, in particular the Cou

ncil of Europe. This process of consolidation is

likely to last for years, even after the determination of a final

status for Kosovo.

The Assembly is conscious that on the status issue, the posi

tions of the Government of Serbia and

Montenegro and Kosovo Serbs on the one hand, and of

the Provisional Institutions of Self-Government

(PISG) and Kosovo Albanians on the other, are polarised

and regrettably no indication of a compromise is in

sight. The preparedness of these actors to engage in a polit

ical dialogue is essential to reach a peaceful and

mutually acceptable determination of the final status if Koso

vo. It should, therefore, be encouraged and

rewarded.

Dialogue is also necessary for the implementation of fund

amental reforms. In this respect, the

Assembly considers as a positive development the rece

nt decision of Kosovo Serbs' political representatives

to participate in the working groups on decentralisatio

n. Similarly, the proposal by the SRSG to create a

Political Forum should be seen as an important contribut

ion to preparing the ground for the momentous

political discussions, by including opposition parties in

the political process, provided that the role of such a

Forum is only consultative and that representatives of ethn

ic minorities are invited to participate.

The recent indictment of former Prime Minister Ram

ush Haradinaj by the International Criminal

Tribunal for the former Yugoslavia (ICTY) raised fears

for renewed violence in Kosovo. Even if reality proved

different, the Assembly warns against underestimati

ng the volatility of the security situation in Kosovo:

whereas no serious ethnically-motivated crime against

ethnic minorities has been reported in the last year,

minor incidents are continuous, especially in some parts

of Kosovo, which contributes to nurturing a feeling

of insecurity among these minorities.

This climate of tension cannot but be exacerbated by polit

ically-motivated attacks as well as by

accusations of corruption and involvement in organised crim

e against members of the PISG. Besides, a

disastrous economic situation with unemployment affecting

more than half of the population, widespread

poverty and lack of basic social welfare has obvious potential

ly destabilising effects.

In consideration of the fragile socio-economic environment

of Kosovo, the volatility of the security

situation and the risk of tension flare-ups as status talks

approach, the Assembly is concerned at the

intention manifested by some Council of Europe member

states to increase the number of forced returns of

failed asylum seekers and other people from Kosovo in the

months to come. By putting additional strain on

the limited resources of the Kosovo administration, this polic

y could concur in having destabilising effects

and appears in contradiction with the considerable financial

and military commitment by a number of such

countries aiming at restoring sustainable living conditions and

security in Kosovo.

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

In light of the foregoing, the Assembly:

final status, asks the Government of Serbia and

as regards the determination of Kosovo's

minorities, the PISG and Kosovo Albanian

political forces of Kosovo Serbs and other

Montenegro, the

to reaching a peaceful and mutually acceptable

to engage in a genuine dialogue with view

political parties

solution which requires concessions from both sides;

ii.

as regards the creation of an inclusive political envi

ronment in Kosovo, calls on:

ideration to the SRSG's proposal of

legal political parties in Kosovo to give positive cons

all

;

blishment of a Political Forum with consultative functions

the esta

cipate in the PISG and in the political

Kosovo Serbs' political representatives to fully parti

process in general;

ons from Kosovo, calls on Council of

rds the return of failed asylum seekers and other pers

as rega

iii.

Europe member states which are host countries to:

Commissioner for Refugees (UNHCR)

comply with the positions of the United Nations High

iduals from Kosovo;

on the continued international protection needs of indiv

of potential returnees on a case-by-

give attentive consideration to humanitarian concerns

host country and their access to dignified and

case basis, including their level of integration in the

humane housing and social conditions upon return;

rb returns by financing housing,

endeavour to increase the capacity of Kosovo to abso

returnees and by ensuring support to long-

reception structures and other basic services needed by

ture, including adequate facilities for

term integration in terms of accommodation and infrastruc

medical care;

Kosovo, if appropriate in co-

implement programmes for voluntary assisted return to

(IOM);

operation with the International Organization for Migration

instruments in the territory of Kosovo, calls

as regards the full implementation of Council of Europe

iv.

s to the full implementation of the European

on UNMIK and KFOR to remove all remaining obstacle

for the Protection of National Minorities and the

Convention on Human Rights, the Framework Convention

ding the effective functioning of their monitoring

European Convention for the Prevention of Torture, inclu

mechanisms;

to the solution of the status issue and

as regards the role of the Council of Europe in contributing

s, asks the Secretary General of the Council of

ensuring that Kosovo attains Council of Europe standard

Europe to:

ncil of Europe in assisting the

offer the UN Secretary-General the expertise of the Cou

the Comprehensive Assessment of the

Special Envoy who will be responsible for conducting

relating to the mandate and expertise of

implementation of the Standards for Kosovo, in the fields

the Council of Europe;

ent of Serbia and Montenegro to

establish contacts with UNMIK, the PISG and the Governm

facilitator of dialogue between the parties

explore the possibility of the Council of Europe acting as a

concerned in preparation of status talks, at formal or informal leve

nical advice of the European

propose to the UN Secretary-General to rely on the tech

g the stage of status talks, with

Commission for Democracy through Law (Venice Commission) durin

e status of Kosovo;

a view to identifying viable legal/constitutional arrangements for the futur

and the PISG with Council

continue to provide the international civil administration in Kosovo

l self-government and offer to

of Europe expertise in the field of decentralisation and reform of loca

extend it to the following fields:

protection of national minorities;

use of minority languages;

inter-cultural dialogue;

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

fight against corruption, organised crime, money-laundering and trafficking in human

beings;

democratisation and financing of political parties;

independence and efficiency of the judiciary;

vi.

finally, in consideration of the developments which can be expected to take place during the next

months, asks its Political Affairs Committee to continue to be concerned with the situation in Kosovo

and

report to the Assembly when necessary.

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

II.

Draft recommendation

improving good governance, strengthening

ncil of Europe has played a major role in

The Cou

dards in "new democracies", in this way

the rule of law and raising human rights stan

democracy and

r European political integration.

contributing to laying down solid foundations for close

iamentary

(2005) on the current situation in Kosovo, the Parl

Resolution

Referring to its

avour to play a similar role in the search for a

Assembly believes that the Council of Europe should ende

dination with other international actors.

durable stabilisation of Kosovo, in co-operation and coor

g the establishment of a fruitful dialogue between

Its action should aim, on the one hand, at facilitatin

ensuring that in Kosovo Council of

erned by the status issue and; on the other hand, at

the parties conc

protection of national minorities and human rights

Europe standards in the fields of democracy, rule of law,

are achieved and irreversibly secured.

to the promotion of better socio-economic

Besides, the Council of Europe should contribute

nally displaced persons and returnees.

conditions on behalf of ethnic minorities, in particular inter

The Assembly, therefore, asks the Committee of Ministers

to:

of political dialogue between the parties

ort the role of the Council of Europe as a facilitator

supp

concerned, in preparation of status talks;

ase the visibility and the impact of the

appropriate financial and administrative measures to incre

take

ii.

its mandate and expertise;

Council of Europe in Kosovo, in the fields pertaining to

ase the sustainability of returns to Kosovo;

promote the organisation of a donors' conference to incre

iii.

with the assistance of the Group of Specialists

ask the Co-ordinator on Roma activities, if necessary

iv.

a fact-finding mission to Kosovo to collect first-

Roma, Gypsies and Travellers (MGS—ROM), to conduct

a internally displaced population as well as of

information on the socio-economic conditions of the Rom

hand

e of Ministers.

Roma returnees, with a view to reporting back to the Committe

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Explanatory memorandum by Mrs Tritz

Introduction

2005 could be the year of Kosovo. This frequently heard statement

rests on the acknowledgement

that the status quo in Kosovo in untenable and that a solution shou

ld be found as soon as possible: the

present undecided status casts uncertainty over further political

stability of the entire region, including its

perspectives of European integration, affecting its economic recovery

, and preventing a number of displaced

persons and refugees from Kosovo from reaching a decision whether

to return to their homes.

Once acknowledged that the situation is untenable, however, it shou

ld be kept in mind that on the

status issue the positions of the government of Serbia and Mon

tenegro and Kosovo Serbs on the one hand,

and of Kosovo Albanians and their political forces on the other are

polarised, and regrettably no indication of

a compromise is in sight.

In my capacity as Rapporteur on Current situation in Kosovo

on behalf of the Political Affairs

Committee I visited Pristina and Mitrovica from 22 to 25 May

2005. My visit took place in a period of intensive

diplomatic and political activity: on 23 May 2005 the Contact Grou

p meeting in London agreed that the status

issue should be addressed at the earliest opportunity, following

a positive assessment of the implementation

of standards; a few days earlier the Secretary General's

Special Representative (SRSG), Mr Jessen-

Petersen, launched a proposal for a Political Forum, which would

allow the inclusion of opposition parties in

the political discussion; besides, it seemed that meetings at

the highest level may soon take place between

the government of Serbia and Montenegro and the Provision

al Institutions of Self-Government.

Next months promise to continue to be as intense: following

the Technical Assessment presented by

the SRSG to the UN Security Council on 27 May, the UN Secr

etary General may appoint a Special Envoy to

conduct a Comprehensive Assessment. Should this be

positive, status talks may start as early as next

autumn. I believe, therefore, that the Political Affairs Com

mittee should continue to be concerned with the

situation in Kosovo, and report to the Assembly when nece

ssary.

A volatile situation

Since the outbreaks of violence of March 2004, the

security situation in Kosovo has gradually

improved, even if 'the already limited trust between

communities was gravely shaken''. In March this year

the indictment of former Prime Minister Ramush Hara

dinaj byrthe International Criminal Tribunal for the

former Yugoslavia (ICTY) raised fears for renewed viole

nce in Kosovo. Even if reality proved different, the

volatility of the security situation in Kosovo should not

be underestimated: whereas no serious ethnically-

motivated crime has been reported in the last year, mino

r incidents such as shootings and stoning continue.

It is difficult to make an assessment of the security situa

tion in Kosovo as a whole, as it varies according to

geographical areas. All my interlocutors, however,

recognised that members of minorities still nurtu

re a

sense of insecurity and that trust between different com

munities is very low. Besides, full reconstruction

apologies and compensation from the Kosovo Alba

nian side for the events of March 2004 are still

outstanding, and likewise full investigation and prosecut

ion of the offences committed.

This climate of tension cannot but be exacerbated

by politically-motivated attacks, such as those

recently made against Ibrahim Rugova, Veton Surr

oi and Oliver lvanovic, as well as by accusations

corruption and involvement in organised crime against

members of the Provisional Institutions of Self-

Government (PISG) and rumours on the existence of para

llel security and intelligence structures within legal

political parties.

Finally, a disastrous economic situation with unem

ployment affecting more than half of the

population, widespread poverty and lack of basic soci

al welfare has obvious potentially destabilising effects.

Unemployment is high and growing (60 to 70%). In the

under-30 age group, 50% of the population in Kosovo

is unemployed. Average income is in the region of 200

euros and the average age is about 22 years. The

prospects for economic development are limited. Ther

e is little domestic investment and foreign investme

is virtually nonexistent. The process of privatisation

of property has been ruptured on several occasion

There is evident discontent with the socio-economic

situation, which affects all communities living in Koso

vo.

It is an obvious consideration that the unresolved

status of Kosovo is an obstacle to its economic reco

very,

as it has been confirmed by the World Bank and the

International Monetary Fund.2 On the other hand, I am

UN Secretary General, Report to the UN Security Coun

cil, 30 July 2004.

World Bank, Kosovo Economic Memorandum, 17 May

2004.

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

s who will have governmental authority

the solution of the status issue, the authoritie

afraid that even after

reforms to create the premises for

introduce fundamental legislative and economic

over Kosovo will have to

l 'political stability' nor an environment

lopment. 'Final status' does not necessarily equa

stable economic deve

ical forces should make additional effort to

gn investment, and I believe that Kosovo polit

conducive to forei

acknowledge this.

Standards: progress and durable implementat

ion

outbreak of violence of March 2004, describe a

The 'Standards for Kosovo', introduced after the

and democratic, the rule of law is effective, whe

Kosovo where public institutions are representative

ut fear, where all individuals, regardless of their ethn

displaced persons who wish to return can do so witho

t for Kosovo. Progress towards this target is the basi

background, can live in safety. They remain the targe

from which to begin consideration of Kosovo's final statu

G on the implementation of the Standards

According to the latest technical report of the SRS

ementation of all the eight priority standards. Thou

(27 May 2005), progress can be seen in the impl

to recall that `progress in the implementation' does

recognising that this is a remarkable achievement, I wish

ble standards of democracy, rule of law, protection

not mean that Kosovo has attained satisfactory and dura

to Council of Europe standards. Similarly, the

of human rights and national minorities comparable

belonging to different ethnic groups is a long-term

establishment of a climate of trust between people

ng government authority over Kosovo as well as by

objective which will require further attention by those havi

of Europe. This process of consolidation, effective

the international community, in particular the Council

uilding is likely to last for years, even after the

legislative implementation, institution and confidence-b

determination of Kosovo's final status.

Decentralisation

nt for the implementation of a number

ntralisation is not a Standard in itself but is a key instrume

Dece

10.

tion of minorities in the administration and

s and for providing institutional scope for the participa

of standard

of the Council of Europe3, the Kosovo

process. In February 2005, with the expert advice

the political

would be launched to assess the viability of

ent approved a decentralisation plan: five pilot-projects

Governm

t the majority of the population (Gracanica

; in two of the municipalities concerned, Serbs represen

the plan

and Partesh).

reform: the main ethnic Albanian opposition

Regrettably, there is no political consensus on the

11.

ter autonomy carries the risk of encouraging

oppose it on the grounds that any step towards grea

parties

the other hand, Kosovo Serbs criticize the

s to seek the division of Kosovo along ethnic lines. On

Serb

n plan approved by Belgrade in 20044; 2) it

nt plan for two reasons: 1) it ignores the decentralisatio

governme

are still displaced in Serbia proper, the

ature; because of the large number of Kosovo Serbs who

is prem

n would not reflect the real ethnic composition

ographic picture of Kosovo is skewed and decentralisatio

dem

of some districts.

the system of local self-government is a

In my opinion, reaching consensus over the reform of

12.

ce and empowering minorities and an important

fundamental step towards guaranteeing good governan

rding to Lutfi Haziri, Minister of Local Authorities,

indication of the maturity of the political forces. Acco

m could be finalised by mid-2006 or 2007. It is

provided that the pilot-projects are successful, the refor

advice and assistance in this field.

important that the Council of Europe continues to provide

The situation of minorities

, especially Kosovo Serbs in predominantly

Freedom of movement still poses challenges: minorities

13.

icipalities, do not feel safe travelling through

Albanian areas, but also Kosovo Albanians in northern mun

north Pristina and Obilic travel to school under

areas inhabited by the majority. Kosovo Serb children in rural

o-ethnic enclaves especially, people are

military escort and would otherwise be unlikely to attend.5 In the mon

missible for Europe.

even afraid to venture beyond their immediate surroundings. This is inad

ed an expert report on the reform of local self-government and

In 2003 the Secretary General of the Council of Europe commission

public administration in Kosovo (`the Civiletti report', SG/inf (2003) 40).

2004.

in Kosovo and Methoija (`Kosmer) adopted by the Serbian Parliament in April

Plan for the political solution of the situation

Special Representative of the

mentation of the standards for Kosovo, prepared by the

Technical assessment of progress in the imple

Secretary General for Kosovo, 24 January 2005.

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Doc. 10572

14.

The events of March 2004 have had an impact on the behaviour of

many displaced persons: Since

then, the decline in the return of displaced persons to their homes has

been around 40%: 1,864 people

remain displaced and do not seem to be willing to return.6 To this num

ber, should be added individuåls and

families from Kosovo who fled to other European countries and live there

, legally or illegally.

15.

Former Prime Minister Haradinaj made forceful efforts to press ahea

d with the implementation of

standards concerning minorities, by calling upon municipal represent

atives to apply the standards speedily at

local level and allow the return of refugees; urging Kosovo Serb

refugees to return; setting up the above-

mentioned pilot-projects for decentralisation; and virtually com

pleting the reconstruction of dwellings

destroyed in March 2004.

16.

One year after March 2004, in the absence of similar outbreaks of viole

nce, there is a clear intention

by some host countries to increase the number of forced returns

of failed asylum seekers and other people

from Kosovo in the months to come.

17.

I believe that, in addition to complying strictly with the principle

of non-refoulement and the position

of the High Commissioner for Refugees (UNHCR), any decision

to return ethnic minorities to Kosovo should

be taken with special cautiousness, both on security and hum

anitarian grounds. Considering the fragile

socio-economic environment of Kosovo, the volatility of the

security situation, and the risk that political and

ethnic tension flares up as status talks approach, an increased

number of returns may contribute to having

destabilising effects. In addition, it would put additional strai

n on the limited resources of the Kosovo

administration. In a sense, a policy of forced return is also

in contradiction with the considerable financial

and military commitment by a number of European countries

aimed at restoring sustainable living conditions

and security in Kosovo.

18.

Once ascertained that return would not be in contravention

of the principle of non-refoulement, host

countries should give attentive consideration to humanitarian

concerns of potential returnees on a case-by-

case basis, including their level of integration in the host

country and their access to dignified and humane

housing and social conditions upon return. UNMIK, the civil

administration in Kosovo, faces increasing

pressures to accept forced returns, at a time where it

is reducing its personnel. I was even told that

sometimes host countries fail to notify the return of some

individuals to UNMIK, including vulnerable cases

who are then sent back despite a lack of basic services to

meet their needs.

19.

Finally, given the economic situation in Kosovo and lack

of social welfare, concerned Council of

Europe member states should support reintegration sche

mes for those who are forcibly returned, especially

vulnerable cases.

The PIS and Kosovo Albanian political parties

20.

Following the resignation of Ramush Haradinaj, a new

government was formed by the same ruling

coalition LDK — AAK, with Bajaram Kosumi as Prim

e Minister. Amongst others, PDK — the second large

party in the Kosovo Assembly - is in the opposition.

Reportedly, the EU and the US administration would

have favoured an enlargement of the government coal

ition to include some opposition parties and political

forces of Kosovo Serbs. Recently, the SRSG proposed

the creation of a Political Forum, which would

prepare grounds for future momentous political discussion

s. This proposal, however, is still under discussion

and has been received with mixed feelings: the issue of

whether it should have consultative or decision-

making powers is a bone of contention.

21.

On the status issue, no Kosovo Albanian political party is

ready to accept less than independence.

Despite this uniform approach, the political climate is tens

e and stained by accusations of corruption and

involvement in organised crime. In this respect, my

attention has been drawn to the lack of internal

democracy of political parties and to the fact that political alleg

iance is strongly linked with clan affiliation.

Participation of Kosovo Serbs in the political process

22.

During the last elections to the Kosovo Assembly (October

2004), 99% of Kosovo Serbs abstained:

out of 96,000 Serbs living in Kosovo only 300 voted, plus

another 523 Kosovo Serbs residing outside Kosovo

(out of 108,000). This was a very meaningful sign

: in the three previous elections in the province (200

ibid.

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

Serbs was also in doubt, although in the end the decision

2001 and 2002), the full participation of the Kosovo

proved positive'.

with the absence of a positive response

reasons for non-participation were dissatisfaction

Among the

23.

g would condone institutions which had

s for decentralisation, a perception that votin

to Belgrade's proposal

n by the Serb community as a sign

security, and the impact of the March riots, take

failed to guarantee Serb

ent and the international community to protect

of the incapacity of the Provisional Institutions of Self-Governm

minorities.

of Oliver Ivanovic, called for a boycott of the

Kosovo Serb leaders, with the notable exception

24.

an ambivalent attitude, with some prominent politician

election process. Belgrade, on the other hand, had

a) while others were against it (President Tadic).

supporting the boycott strategy (Prime Minister Kostunic

tions undermines the representativeness of the

The poor participation of Kosovo Serbs in the elec

25.

for the Serb community. As to participation in the

Kosovo Assembly, where 10 seats are set aside

Initiative, has accepted the office of

ever, Mr Slavisa Petkovic, leader of the Serbian Civic

government, how

Minister for Return and Communities.

Serbs to engage in dialogue and support the

Needless to say, the continued unwillingness of Kosovo

26.

ty to move forward.9 Besides, the absence of

implementation of the standards has hampered the abili

vo Assembly means that Belgrade is

elected representatives of the Kosovo Serbs in the Koso

democratically

the only interlocutor of the international

actor with a "mandate" to represent their interests and

now the only

s that will be decided starting from this

and the Kosovo institutions on all the important issue

community

year.

ge occurred: Oliver lvanovic informed me of

ng my visit to Kosovo, however, an important chan

Duri

27.

ntralisation. I hope that this decision is a

of Kosovo Serbs to attend the working groups on dece

the decision

a genuine dialogue. As far as I was told, the

the Kosovo Serbs of their readiness to be involved in

sign from

autonomy'. Independence of Kosovo is for

of Kosovo Serbs is 'less than independence, more than

position

them unacceptable.

Dialogue with Belgrade

in the settlement of Kosovo's status will

There is no question that Belgrade's legitimate interests

28.

the readiness of the Serbia and Montenegro

to be considered. An essential precondition, however, is

have

government to engage in a dialogue.

g dialogue with Belgrade at various levels.

UNMIK has repeatedly stressed the need for improvin

29.

ss substantive issues such as decentralisation

n the SRSG went to Belgrade in January 2005 to discu

Whe

his interlocutors chose to talk about power cuts

and the reactivation of dialogue concerning missing persons,

any other issue. The nature of this exchange raised

in Kosovo affecting Serb households, to the exclusion of

blish a dialogue on crucial questions. Some

the question of Belgrade's apparent unwillingness to esta

" in Belgrade, as the political elites are no longer

observers have even spoken of a "process of regression

willing to address the issue of Kosovo".

where specific aspects are concerned:

Recent positive developments, however, should be noted

30.

e of missing persons, energy and transport. Its

Belgrade has agreed to engage in a dialogue on the issu

than autonomy'. No political force in Serbia

position on the status issue is `less than independence, more

else would be acceptable.

and Montenegro is prepared to declare publicly that anything

of the population in Kosovo while other minorities were 5%

The overall turnout was 53%. In 2000 Kosovo Serbs represented 7%

(source: Statistical Office of Kosovo (SOK)).

Rapporteur: Guenther Krug (Germany, R, SOC), Congress of

Report on the Elections of the Kosovo Assembly, 23 October 2004,

ted by the Bureau of the Congress on 10 December 2004).

Local and Regional Authorities of the Council of Europe (document adop

rity Council on UNMIK, February 2005.

Report of the UN Secretary General to the Secu

western Balkans, 2004-2005, paragraph 109.

t0 House of Commons, Select Committee on Foreign Affairs, Third Report on

les (CERI) in Paris, at the hearing on 'Kosovo: five

11 Professor Jacques Rupnik, of the Centre d'Etudes et de Recherches Internationa

ment (26 January 2005).

years on' organised by the Foreign Affairs Committee of the European Parlia

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

The international community

31.

After 6 years of presence in Kosovo UNMIK's public approval rating

is not at its highest.12 The riots

of March 2004 raised serious doubts about UNMIK's administrative

effectiveness and ability to provide

security.

32.

As the International Crisis Group has put it, "the international com

munity entered Kosovo in June

1999 without an exit strategy and has taken only a few uncertain

steps towards defining one".13 With the

future status question looming ever closer, UNMIK has already

started to reduce its presence, possibly to be

paralleled by an increased role for other international organisations

such as the European Union14. I was told

that a detailed proposal on the future role of the European Union

in Kosovo may be put forward by Javier

Solana in mid-June.

33.

I believe that the political process to resolve the issue of

Kosovo's status is necessarily closely

bound to the European outlook for the region as a whole. The pros

pect of drawing closer to the EU provides

a basis in Kosovo for consolidating political stability and economic

development. It should also be the chief

incentive for Belgrade to participate constructively in seeking a solu

tion for Kosovo.

34.

The transfer of responsibilities from UNMIK to the Kosovo Polic

e (KPS) is progressing and by mid-

2005 all 33 UNMIK police stations should be handed over to the

KPS. This transfer, however, is problematic.

The KPS still lacks experience and doubts have been expresse

d as to its capability of being completely self-

reliant without international support and supervision. In this resp

ect, I believe that — in case of an increased

involvement of the European Union — Europol should play an impo

rtant role.

10.

The role of the Council of Europe

35.

Democracy, rule of law, human rights and rights of national

minorities, good governance: these are

the subjects of expertise and competence of the Council of

Europe; these are also the main targets that

Kosovo should achieve. I was surprised, therefore, to see

that the Council of Europe office in Pristina counts

only 3 international staff in addition to an expert consultant on

decentralisation.

36.

I believe that the Council of Europe should do more, to incre

ase its visibility and its impact in Kosovo.

The aim should be that Kosovo, irrespective of its statu

s, reaches standards comparable to those of the

Council of Europe and that this achievement is durable.

The Secretary General should, therefore, offer the

current and future civil administration in Kosovo Council of

Europe expertise also in the fields of: protection

of national minorities; use of minority languages; inter

-cultural dialogue; fight against corruption, organised

crime, money-laundering and trafficking in human bein

gs; democratisation and financing of political parties;

and independence and efficiency of the judiciary.

37.

Besides, as far as the status issue is concerned, the

Council of Europe could act as a facilitator of

dialogue between the parties, at a formal or informal

level; and could make available the expertise of the

European Commission for Democracy through Law

(Venice Commission) during the stage of status talks

with a view to identifying viable legal/constitutional

arrangements for the future status of Kosovo.

11.

Conclusions

38.

'2005 will be the year of Kosovo'; 'Standards befo

re Status'; 'Less than independence, more than

autonomy'... A lot of slogans have been invented

for Kosovo. In reality, none of them can capture

such a

complex situation, nor provide a ready-made solu

tion. I believe that the issue of status has become

urgent

and that it should be addressed by all the parties

concerned with a realistic approach and readiness

compromise. Both sides have to make additional effor

ts in this respect. The Council of Europe should play

role in helping them establish a fruitful political dialogue.

39.

The current situation in Kosovo is improving, but moti

ves for concern remain: effective protection of

minorities and human rights, decentralisation, corru

ption, organised crime and inter-ethnic dialogue

are

issues which will have to be addressed with a

long-term strategy which goes beyond the status

issue. The

Council of Europe should support the elaborati

on and implementation of this strategy, with

the aim of

rendering Kosovo an area where Council of Euro

pe standards and values are fully applicable.

ICG, Kosovo: Towards Final Status, 2005, page

4. This statement is based on regular quarterly

opinion polling sponsored by

UNDP/Riinvest.

Idem, page 2.

This opinion is shared by

UNMIK and by Kai Eide.

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

Appendix

Propramme

Sunday, 22 May 2005

14:30

17:30

Arrival at the airport and transport to Hotel PRISHTINA

Meeting with Zurab Katchkatchishvili, Head of the Council of Europe Office, Pristina

Monday 23 May 2005

09:30

11:00

12:00

Lutfi H4ziri, Minister of Local Authorities, building of the Ombudsperson, 2'd floor

Adem Salihaj, Deputy Prime Minister, Government Building, second floor

Fatmir Sejdiu, Member of the Assembly Leadership, Government building, 15t floor North

Wing

President Ibrahim Rugova, (President's residence)-Velania street

Ambassador Werner Wnendt, Head of OSCE Mission, OSCE HQ

Meeting with EU country mission representatives, EAR building 8th floor

Hashim Thaqi, President of PDK Party, building of Economic chamber, 3rd floor

Slavisa Petkovic, Minister for Return and Communities, Ex-private business Bank

Bujar Bukoshi, President of the New Party, meeting at the CoE Office

13:00

14:00

15:00

16:00

17:00

18:00

Tuesday, 24 May 2005

08:00

09:00

10:00

11:00

12:30

Craig Jenness, Senior Adviser to SRSG on Minority Issues, UNMIK HQ, 4th floor, room 406

Pascale Moreau, Head of UNHCR Mission in Kosovo, UNHCR building 2"d floor

Briefing with Roman Flevak, Political Adviser, KFOR Film City

Veton Surroi, President of "ORA" Party, Government Building, 2'd floor, M 210

Major Wolf Wewers, Chief of Section Support & Service, Directorate of Organized Crime,

UNMIK-CIVPOL

departure for Mitrovica

NGO Nansen Dialogue

Oliver Ivanovic

16:00

17:00

18.00

WedneSday, 24 May 2005

09:00

15.15

Kilian Kleinschmidt, Deputy Director, Office of Returns and Communities, UNMIK

beparture for Berlin

ERD, Alm.del - 2004-05 (2. samling) - Bilag 98: Current situation in Kosovo, Doc. 10572, 3 June 2005

Doc. 10572

Reporting Committee: Political Affairs Committee.

Reference to Committee: Ref. 2907, 29.09.03

Draft Resolution unanimously adopted by the Committee on 31.05.05

Draft Recommendation unanimously adopted by the Committee on 31.05.05

Members of the Committee : Mr AbdUlkadir Ate§ (Chairperson), Mr Latchezar Toshev (Vice-Chairperson),

Mr.

Mr Dick Marty (Vice-Chairperson), Mr Konstantin Kosachev (Vice-Chairperson), Mrs Manuela Aguiar,

Giuseppe Arzilli, Mr David Atkinson, Mr Claudio Azzolini, Mr Miroslav Benes, Mr Radu-Mircea Bercean

Doros

Mr Gerardo Bianco, r Haakon Blankenborg, Mr Giorgi Bokeria, Mrs Beåta Brestenkå, Mr

Christodoulides, Mrs Anna Curdovå, Mr Noel Davern, Mr Michel Dreyfus-Schmidt, Mr Adri Duivesteijn, Mrs

Josette Durrieu, Mr Mikko Elo, Mr Jean-Charles Gardetto, Mr Charles Goerens, Mr Daniel Goulet,

Andreas Grbss, Mr Klaus-Jurgen Hedrich, Mr Jean-Pol Henry, Mr Joachim H0rster, Mr Tadeusz 'whisk',

Elmir Jahi0 (alternate: Mr Sead Avdi6), Mr Ljubrea Jova§evit, Lord Frank Judd (alternate: Lord John

Tomlinson), Mr Ivan Kalezi6, Mr Oleksandr Karpov, Mr Oskars Kastens, Mr Petro Ko9i, Mr Yuriy Kostenko,

Mrs Darja Lavti2ar-Bebler, Mr Wren Lindblad, Mr Tony Lloyd (alternate: Ms Jane Griffiths), Mr Younal

Loutfi, Mr Mikhail Margelov, Mr Frano Matu'eid, Mr Jose Medeiros Ferreira, Mr Evagelos Meimarakis

(alternate: Mrs Elsa Papadimitriou), Mr Murat Mercan, Mr Jean-Claude Mignon, Mr Marko Mihkelson, Mrs

Natalia Narochnitskaya (alternate: Mr Ilyas Umakhanov), Mr Zsolt Nemeth, Mrs Carina Ohlsson, Mr Boris

Oliynyk, Mr Algirdas Paleckis (alternate: Mr Jonas Cekuolis), Mr Theodoros Pangalos, Mrs Eleonora

Petrova-Mitevska, Mrs S0lveig Petursd0ttir, Mrs Clara Pintat Rossell, Mr Gordon Prentice (alternate: Sir

Sydney Chapman), Mr Dumitru Prijmireanu, Mr Gabino Puche, Mr Lluis Maria de Puig, Mr Jeffrey Pullicino

Orlando (alternate: Mr Leo Brincat), Mr Umberto Ranieri, Mr Michael Roth (alternate: Mr Rudolf Bindig ), Mr

Jan Rzymetka, Mr Peter Schieder, Mrs Juana Serna (alternate: Mr Julio Padilla), Mr Adrian Severin, Mrs

Hanne Severinsen, Mr Samad Seyidov, Mr Leonid Slutsky, Mr Michael Spindelegger, Mr Zoltån Szab6, Mr

Mehmet Tekelioglu, Mr Tigran Torosyan, Mrs Marianne Tritz, Mr Vagif Vakilov (alternate: Mr Azim

Mollazade), Mr Luc Van den Brande, Mr Varujan Vosganian, Mr Andrzej Wielowieyski, Mr Bart van

Winsen, Mrs Renate Wohlwend, Mr Marco Zacchera

Ex-officio: MM. Måtyås Ehrsi, Mats Einarsson,

N.B.

: The names-of the members who took part in the meeting are printed in bold

Head of the Secretariat : Mr Perin

Secretaries to the Committee: Mrs Nachilo, Mr Chevtchenko, Mrs Sirtori-Milner