12.i

To ratify the Dayton Peace Agreements and to co-operate fully and effectively in their implementation, which notably requires the settlement of internal and international disputes by peaceful means;

Fulfilled

12.ii.a

To sign the European Convention on Human Rights (ECHR), as amended by Protocol No. 11 thereto, and Protocols Nos. 1, 4, 6, 7, 12 and 13;

3 April 2003

(at the time of accession)

Fulfilled:

12.ii.b

To ratify the ECHR and Protocols Nos. 1, 4, 6, 7, 12 and 13 thereto;

3 April 2004 (within a year of accession)

Fulfilled:

1.  ECHR (as amended by Protocol 11) signed at accession on 3 April 2003 and ratified on 3 March 2004.

2.   Protocols Nos. 1, 4, 6, 7, 12 and 13  ECHR signed at accession on

3 April 2003 and ratified on 3 March 2004. NB: Serbia and Montenegro has signed and ratified Protocol 14 ECHR respectively on 10 November 2004 and 6 September 2005.

12.ii.c

To sign and ratify the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and its Protocols;

3 April 2004 (within a year of accession)

Fulfilled:

ECPT and Protocols Nos. 1 and 2 were signed and ratified on 3 March 2004 and entered into force on 1 July 2004.

12.ii.d

To sign and ratify the European Charter for Regional or Minority Languages;

3 April 2005 (within two years of accession)

Delayed/Fulfilled:

The European Charter for Regional or Minority Languages was signed on 22 March 2005, ratified on 15 February 2006 and entered into force on 1st June 2006.

12.ii.e

To sign and ratify the European Charter of Local Self-Government, and in the meantime to apply the fundamental principles of this instrument;

3 April 2005 (within two years of accession)

Delayed/Fulfilled:

The European Charter of Local Self-Government was signed on 24 June 2005 and ratified on 6 September 2007 (entry into force: 1st January 2008)

12.ii.f

To sign and ratify the European Outline Convention on Transfrontier Co-operation and the protocols thereto; (…and in the meantime to apply their fundamental principles)

3 April 2005 (within two years of accession)

Not fulfilled:

The Outline Convention and its additional Protocols have not been signed nor ratified. 

12.ii.f

To sign and ratify the European Convention on Extradition; (…and in the meantime to apply their fundamental principles)

3 April 2005 (within two years of accession)

Fulfilled:

The European Convention on Extradition was ratified on 30 September 2002.

NB: In addition, Serbia and Montenegro ratified the Protocols Nos. 1 and 2 on 23 June 2003

12.ii.f

To sign and ratify the European Convention on Mutual Assistance in Criminal Matters; (…and in the meantime to apply their fundamental principles)

3 April 2005 (within two years of accession)

Fulfilled:

The European Convention on Mutual Assistance in Criminal Matters was ratified on 30 September 2002.

N.B.: Serbia and Montenegro ratified the Additional Protocol to the Convention on 23 June 2003.

12.ii.f

To sign and ratify the Convention on the Laundering, Search, Seizure and Confiscation of the Proceeds of Crime; (…and in the meantime to apply their fundamental principles)

3 April 2005 (within two years of accession)

Fulfilled:

The European Convention on laundering, search, seizure and confiscation of the proceeds from crime was signed and ratified on 9 October 2003.

12.ii.f

To sign and ratify the Convention on the Transfer of Sentenced Persons; (…and in the meantime to apply their fundamental principles)

3 April 2005 (within two years of accession)

Fulfilled:

The European Convention on the transfer of sentenced persons was ratified on 11 April 2002.

N.B.: Serbia and Montenegro ratified the Additional Protocol to the Convention on 30 September 2002.

12.ii.g

To sign the Council of Europe’s European Social Charter, to ratify it as soon as possible and to endeavour forthwith to implement a policy in keeping with the principles enshrined in it;

3 April 2005 (within two years of accession)

Partially fulfilled/Ongoing:

The European Social Charter (revised) was signed on 22 March 2005. Following the publication of the compatibility study of the national practice with the European Social Charter (Revised), the ratification is being supported by the relevant ministries.

12.ii.h

To become a party to the General Agreement on Privileges and Immunities and Protocols Nos. 1 and 6 thereto;

No fixed deadline

Fulfilled:

The General Agreement on Privileges and Immunities and Protocols Nos. 1 and 6 were ratified on 26 April 2005.

12.iii.a

To enact legislation or, preferably, to include provisions in the constitutional charter to bring the army under civilian control;

No fixed deadline

Fulfilled:

Such provisions were introduced in the Constitutional Charter adopted on 4 February 2003 (Articles 54 and 66).

N.B.  Serbian Constitution of 2006 adequately ensures civilian control of the military, laws on defence, armed forces and security services adopted on 11 December 2007.  Parliamentary civilian oversight commission still not established.

12.iii.b

To enact legislation on the reform of the police, comprising a redefinition its functions, the implementation of the European Code of Police Ethics and the establishment of training structures and in particular the reorganisation of the secret police and its submission to control by the government and parliament;

3 April 2004 (within a year of accession)

Delayed/Fulfilled:

A new law on police was adopted on 14 November 2005 N.B CoE has requested an evaluation of its implementation.

12.iii.c

To enact, in sufficient time for its implementation before the next elections the draft broadcasting law in Serbia, which has been adopted by the Serbian Government, agreed upon by the experts of the Council of Europe and was recently referred to the Serbian Parliament with urgency,

Delayed/Fulfilled: The Law on Broadcasting was adopted on 19 July 2003 and subsequently amended to include the prolongation of the transformation of RTS into an independent public service until 1 April 2006 and the privatisation of the broadcast media until the end of 2007. The Broadcasting Council was formed, with significant delay, during the summer 2005.

N.B. problems remain with RBA decisions (on frequencies, rules on public broadcasting), appeals with Supreme Court, and access  to radio and tv frequencies for national minority language programmes.

12.iii.c

and to enact, in sufficient time for its implementation before the next elections, legislation on public information in Serbia, placing particular emphasis on guarantees of independence and pluralism;

Delayed/Fulfilled:

The Law on Public Information was adopted on 22 April 2003 and amended on 15 July 2005.  The Law on Free Access to Information was adopted on 5 November 2004 and amended on 13 June 2007.

NB. Commissioner for information of public importance was re-appointed in June 2007. A law on data protection being drafted by the Ministry of Justice, CoE expertise completed.

12.iii.d

To enact legislation to enable the implementation of the Geneva Convention on the Status of Refugees and the 1967 Protocol thereto to be implemented

3 April 2004 (within a year of accession)

Delayed /Fulfilled:

A State Union Law on Asylum was adopted on 24 March 2005. N.B. Serbia law on asylum adopted 23 November 07, entry into force 1/4/2008.

12.iii.e

To enact legislation on citizens’ associations and non-governmental organisations consistent with European standards for non-profit organisations;

3 April 2004 (within a year of accession)

Partly Fulfilled:

The latest draft Law on Associations of Citizens represents a good advance compared to previous drafts.

NB draft law discussed with CoE experts in summer 07 is in parliamentary procedure nov 07.

12.iii.f

To revise, in co-operation with Council of Europe experts, the legislation and regulations concerning the prison system, war crimes and torture, so as to ensure prosecution before the courts of crimes which are not prosecuted by the ICTY, and also to prevent ill-treatment of citizens by the police;

No fixed deadline

Partly Fulfilled:

A Law on Organisation and Jurisdiction of Government Authorities in Prosecuting Perpetrators of War Crimes was amended on 2 July 2003. The Law was subsequently amended in December 2004 and November 2007 with the objective to enhance the use of evidence.

N.B. Law on prisons, law on war crimes under revision in Ministry of Justice.

12.iii.g

To amend the law governing elections, with a view to the next presidential elections or, at the latest, in time for the elections to the federal parliament, so as to make the process more transparent, and, in particular, to bring it into line with the constitutional charter which is presently being drafted;

No fixed deadline

Partially Fulfilled:

The laws on presidential and on parliamentary elections were amended in February 2004, after the early parliamentary elections took place on 28 December 2003. The Law abolished the threshold of participation for validating elections and for parties representing ethnic minorities.

N.B VC opinion on the 2006 Constitution critical of the party distribution of MP mandates, party alienation of individual MP mandates.

Law on implementation of the constitution requires new legislation on presidential elections (adopted 3 December 2007) and on local elections (adopted 29 December 2007)

12.iv.a

To continue co-operating with the ICTY and in this context:

-  to do its utmost to track down all sixteen indicted persons who are still at large and to hand them over to the ICTY.  The authorities must not give in when confronted with any indicated person who threatens them by whatever means;

No fixed deadline

Not fulfilled/Ongoing:

4 indictees are still at large:

Ratko Mladic, Radovan Karadzic, Goran Hadzic, Stojan Zupljanin

10 December assessment of ICTY Prosecutor negative.

12.iv.a

– to co-operate  with the ICTY in giving witness protection if required; 

No fixed deadline

Fulfilled:

Legislation on the protection of witnesses was adopted in Serbia on 19 September 2005.

12.iv.a

– to give clear instructions to the police and prosecutors to enable them to make immediate arrests, as the law on extradition is deficient as regards time required for taking action; 

No fixed deadline

Partially fulfilled/Ongoing

12.iv.a

- to revise the law on co-operation with the ICTY in accordance with the statute of the ICTY and the relevant United Nations Security Council resolution (Parliamentary Assembly) 

No fixed deadline

Fulfilled

12.iv.a

– to make documents and archives, including military documents and archives, available to the ICTY;

No fixed deadline

Partially fulfilled/Ongoing

improvements have been noted by ICTY prosecution.

12.iv.b

to co-operate in establishing the facts concerning the fate of missing people and hand over all information concerning mass graves

No fixed deadline

Ongoing

12.iv.c

To inform the people of Serbia about the crimes committed by the regime of Slobodan Milošević, not only against the other peoples of the region but also against the Serbs;

No fixed deadline

Not fulfilled/Ongoing:

The former State Union Ministry for Human and Minority Rights was somewhat active in organising information seminars and public campaigns.  Mostly NGO sector. Lack of public authority initiatives

12.iv.d

To continue the reforms initiated with regard to the independence and impartiality of the judiciary and the relationship between judges, prosecutors and the police;

No fixed deadline

Ongoing:

partial reforms in the field of the judiciary have been achieved – the 2005 National Strategy on the Judicial Reform is being evaluated by CoE/EC JP.  Law on constitutional court adopted 24 nov 07. List of draft laws w/MoJ will receive CoE expertise – full judicial package planned for 2008

12.iv.e

To enforce legislation concerning conscientious objectors and within three years, to enact legislation on an alternative type of service;

No fixed deadline

03 April 2006

Not fulfilled

A draft law on conscientious objection is being prepared by the Ministry of Defence and should be submitted to CoE for expertise following the December 2007 adoption of the Law on the Army.

Partly Fulfilled:

A State Union Council of Ministers Decree on Civilian Alternative Service took effect in October 2003

12.iv.f

To enact, within one year of its accession, legislation creating the office of ombudsman;

3 April 2004 (within a year of accession)

Delayed/Fulfilled:

In Serbia, a Law on the Protector of Citizens was adopted on 14 September 2005.  Vojvodina, a Provincial Decree creating the Provincial Ombudsman Office was adopted on 23 December 2002.

NB. Serbian Ombudsperson sworn in in July 2007

12.v.a

To resolve at the earliest opportunity the fundamental constitutional question as to the nature of the state between Serbia and Montenegro, on which a series of other questions hinges, including the rights inherited from the existing federation and representation of the new state in international organisations;

No fixed deadline

Fulfilled/no longer relevant

The Constitutional Charter was adopted on 4 February 2003

12.v.b

To draft the constitutional charter in accordance with democratic, transparent and sound principles, and in this context to constitute the new federal parliament, which will have the task of adopting the charter, by means of elections

No fixed deadline

Fulfilled/no longer relevant:

The Constitutional Charter was adopted on 4 February 2003

12.v.c

To ensure that, should a referendum on independence take place at the end of the three-year trial period provided for in the agreement between Serbia and Montenegro, that it is organised in conditions of the utmost transparency, in full conformity with the law, after a population census and in the presence of international observers;

No fixed deadline

Fulfilled:

Referendum held on 21 May 2006

Census 2003 Montenegro, 2002 Serbia, Lajcak conditions, int’l observation OK

12.v.d

Once the constitutional charter has been adopted, to amend the constitutions of Serbia and Montenegro, to bring them into line with it and to harmonise the whole of the legal system so as to avoid the overlapping of responsibilities between the federation and the republics, paying great heed to Council of Europe standards in this matter;

No fixed deadline

Not fulfilled/no longer relevant:

No real attempt to harmonise the Constitutions of both Republics with the Constitutional Charter was made.

NB. Serbian Constitution adopted 23 October 2006.

To improve the constitutional and legislative provisions concerning decentralisation and the organisation of local authorities and the autonomous regions;

No fixed deadline

Partially fulfilled/Ongoing:

The Law on Local Self-Government adopted in 2002 started being implemented in the fall 2004 after the local elections took place in September/October 2004;

NB.  2006 Constitution required new laws on territorial organisation, local self-government, local elections, and the capital city (adopted 29 December 2007).

12.vi.a

To continue to comply with United Nations Security Council Resolution 1244 of 10 June 1999 and with the arrangements made under this resolution, in particular the international administration of Kosovo;

No fixed deadline

Ongoing

Relatively well fulfilled, exception being parallel structures

12.vi.b

To undertake to settle disputes over the future status of Kosovo by peaceful means and solemnly to renounce any use of force;

No fixed deadline

Ongoing

Basically fulfilled, President Tadic has renounced use of force, government, parliament have not formally done so.

12.vi.c

To contribute to the efforts aimed at building a democratic, multi-ethnic entity in Kosovo with a view to creating a political climate conducive to reflection and dialogue on its future status;

No fixed deadline

Ongoing

12.vii.a

To co-operate fully with the implementation of Parliamentary Assembly Resolution 1115 (1997) on the setting up of an Assembly committee on the honouring of obligations and commitments by member states of the Council of Europe (Monitoring Committee) and of a monitoring process set up in pursuance of the Committee of Ministers’ declaration of 10 November 1994.

No fixed deadline

Fulfilled/Ongoing

16

Furthermore, the Assembly wishes that the responsibility for the protection of human rights and of the rights of national minorities remain on federal level and that the existing level of the protection of these rights will be maintained and the Federal Act on the Protection of National Minorities will be duly implemented.  In the post-accession monitoring procedure, special attention should be paid to combating discrimination against, and promoting equal treatment of, Roma.

No fixed deadline

Fulfilled

If no longer a Ministry, the competence for human and minority rights protection remains at State level.

2002 Federal Act on the protection of the rights and freedoms of national minorities remains in force in Serbia.