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Ministers' Deputies CM Documents 105th Session
Strasbourg, 3-4 November 1999
CM/Inf(99)65 2 November 1999
BACKGROUND The Council of Europe has been present in Kosovo at the very start of the international presence led by the Special Representative of the Secretary General ad-interim and has actively contributed to the drafting of the UN Secretary General’s report on the UN Interim Administration in Kosovo (UNMIK) of 12 July 1999, in the areas of the judiciary and of local administration. Following the release of the report and the adoption of UNSC Resolution 1244, which provides the basis for the establishment of the international civil presence in Kosovo and for the work of the various international organisations present in theatre, the Council of Europe has carried out a number of Secretariat assessment missions in the fields of human rights, judiciary, applicable legislation in criminal matters and property law, local administration, training of judges, children protection and education. On the basis of these missions and in close liaison and co-operation with the main international organisations which are leading the four components of UNMIK: the UN (civil administration); the OSCE (institution-building); the UNHCR (humanitarian) and the European Union (reconstruction), the Council of Europe has worked out a whole range of activities in its fields of competence, namely human rights institutions, applicable legislation, law and order. In order to implement and co-ordinate these activities, an Office of the Secretariat of the Council of Europe has been established in Pristina. This Office operates on the basis of para. 10 of UN Resolution 1244. The question of Kosovo and of Council of Europe contribution to UNMIK has been debated in various fora, i.e. the Council of Europe/European Union Quadripartite meeting on 6 October 1999 and at the Council of Europe/OSCE two plus two meeting in Berlin on 20 October 1999. Finally it will be one of the main topics at the informal exchange of views on the occasion of the 105th Session of the Committee of Ministers on 3 November 1999 in Strasbourg. RULE OF LAW The Council of Europe action in this field is based on its involvement in the elaboration of the concept for the judiciary (done at the request of the UN for the preparation of the Secretary General’s report to the Security Council) and on close contacts with OSCE and UNMIK. Applicable legislation Upon request of the SRSG a team of Council of Europe experts have analysed the FRY penal code, the Republic of Serbia penal code, the FRY criminal procedure code, the Serbian law on Internal affairs and the law on public peace and order and submitted their opinion to the Special Representative. Experts from the Joint Advisory Council on legislative matters are currently discussing with Council of Europe experts applicable legislation in the criminal field. The question of the compatibility of current and future legislation in Kosovo with the norms of the ECHR and case-law of the European Court of Human Rights as well as European standards of criminal law is an important aspect of these discussions. UNMIK has indicated that this co-operation should be extended to other legislative fields (in particular in civil and administrative law). Judiciary Within the framework of the "OSCE/Council of Europe concept planning group on the training of the Judiciary", a programme of training has been set up in co-operation with the OSCE Rule of Law Department. Three training sessions have been organised in Pristina in September and October 1999. Co-operation with the OSCE is going on for the establishment of a training institute for judges and prosecutors: two experts have been seconded to OSCE to serve in the Judicial training centre for the programme co-ordination and chairmanship of the advisory platform. Two Council of Europe experts have been seconded to sit on the "Advisory technical commission on judiciary and prosecution service" set up by UNMIK. Policing In the field of police, Council of Europe experts are contributing to the development of interactive training modules for the students of the Police Academy set up by the OSCE. A Council of Europe experts has been seconded to OSCE in the position of Chief of Curricula development of the Police Academy. A handbook containing guidelines on human rights, ethics and organisation of police is currently being prepared. Civil registration and data protection The Council of Europe has been requested by UNMIK to advise relevant departments of UNMIK on various aspects of the registration process, in particular, on data protection, civil status and citizenship issues. Property rights issues Council of Europe experts have contributed to the drafting of an UNMIK regulation on temporary residence in residential property. The Council of Europe is assisting UNMIK on different issues related to property rights, namely by giving expert opinion on the compatibility of existing legislation with European Human Rights standards. HUMAN RIGHTS Human Rights protection mechanisms In the field of Human Rights immediate consideration has been given to the setting up of adequate human rights protection mechanisms as foreseen in the UN Secretary General’s report of 12 July 1999. In this context the Council of Europe has been closely involved in the elaboration of the legal framework of the future Ombudsman Institution in Kosovo. Council of Europe experts, including members of the Venice Commission, are working on the elaboration of such a concept in close co-operation with representatives from the Rule of law division of OSCE Mission in Kosovo and from the US Department of State, and will shortly start work on the draft Regulation for the Ombudsman Institution. In order to ensure a coherent functioning of the future Ombudsman institution in Kosovo and proper linkage with Council of Europe Human Rights standards the Council of Europe has seconded experts to the OSCE for the staffing of the Ombudsman Support Unit. The Council of Europe has been informally approached to propose a list of names for the position of Ombudsman for Kosovo. Human Rights training and awareness raising The Council of Europe is active in human rights training of NGOs active in Kosovo (in co-operation with ABA/CEELI), particularly on the issues of reporting and advocacy skills development. It is also looking into the possibility of joint training courses in human rights for UNMIK mission members (together with UNHCR, OSCE and the EU). Relevant Council of Europe documents and publications in the official and local languages have been provided both to the relevant UNMIK structures and to the population of Kosovo. Preliminary contacts have been taken with the Kosovo National Library with a view to distributing Council of Europe documents to a wider public. The Council of Europe is assisting the OSCE in the preparation and implementation of a human rights awareness campaign. LOCAL ADMINISTRATION Based on several expert and staff missions at the request of UNMIK, and following the visit of the President of the Congress of Local and Regional Authorities in Kosovo, Council of Europe experts have submitted to the SRSG an expertise on the existing local government and territorial administration law, including local finances and local taxation. The Congress of Local and Regional Authorities, together with the European Network of Training Organisations (ENTO) has contributed to the organisation by the OSCE Mission in Kosovo of short-term crash courses for senior municipal staff and discussions are under way with representatives of international organisations in the field on the modalities of launching training programmes for local authorities from Kosovo. The Council of Europe has proposed to second an expert to serve as Director of the Academy of Local Government training. EDUCATION An "Academic Task Force for Kosovo - Pristina Working Group" has been set up as a joint initiative by the Council of Europe and the Association of European Universities (CRE). In the context of this Task Force, assessment missions have been carried out in Kosovo to gather information and to establish contacts with the relevant international organisations. The Council of Europe has offered its assistance in elaborating an interim legal basis for the provision of higher education in Kosovo as well as, in co-operation with the CRE, in identifying possible candidates for an international leadership of the higher education system in the interim period. In the longer term, provided it is so requested by UNMIK, the Council of Europe could provide expertise in the elaboration of a more complete, permanent legislative basis for higher education in Kosovo. Contacts are underway with UNMIK on these issues. The Council of Europe has also offered assistance to UNMIK with regard to long-term sustainable development of the education system. In particular, advice on issues of policy can be provided, especially as regards the education of minority populations. The Council of Europe could also contribute to the process of rejuvenating teacher training, through assisting in the development of new teaching methodology and the modernisation of curriculum. The organisation's experience in dealing with sensitive and problematic issues in history teaching, as well as in developing future-oriented modern language education programmes, can also be utilised in the process of educational reconstruction. CHILDREN A joint Council of Europe/UNICEF programme on psycho-social assistance for children with refugee, displacement and war trauma in Kosovo and surrounding regions, aimed at helping to heal and support traumatised children, is carried out in the framework of the Council of Europe’s programme for children. This programme, operational since July 1999 should continue into February 2000. Between July and September 1999 a series of training seminars for local trainers and multipliers have been organised in refugees camps in Albania. A field co-ordinator has been appointed. ROMA Following a joint Council of Europe/OSCE/ODIHR expert mission on the situation of the Roma community in Kosovo (Summer 1999), recommendations on this matter have been presented to the OSCE supplementary Human Dimension meeting on Roma and Sinti issues (Vienna, 6 September 1999), as well as to the OSCE Review Conference (Vienna, 22 September 1999) and at the 8th meeting of Council of Europe specialist Group on Roma (Sofia, 20-23 September 1999). The Council of Europe and the OSCE/ODIHR are currently elaborating a follow -up programme to this joint mission, emphasising both the situation of Roma refugees and IDP's (internally displaced persons) from Kosovo and the need for ethnic reconciliation in Kosovo. The activities should be implemented in 2000. COUNCIL OF EUROPE SECRETARIAT OFFICE IN PRISTINA The Office, operational since 23 August 1999, has been active in establishing contacts, providing counselling and advice to and participating in meetings convened by the international organisations present in Pristina, organising Secretariat and Parliamentary missions and keeping the Headquarters informed of the situation on the spot. At the moment it is composed of a Head of Office, a legal programme counsellor, a Human rights awareness and training Officer, a Human rights adviser, an administrative assistant and three local assistants. The Office of the Clerk of the Parliamentary Assembly has seconded one of its staff members to the Office. CONTACTS AND VISITS Different Council of Europe high level visits have taken place in Kosovo since July 1999. The President of the Congress of Local and Regional Authorities, Mr Chénard, visited Pristina from 21 to 25 July 1999. The President of the Parliamentary Assembly, Lord Russell Johnston, headed an important delegation of different Assembly Committees (Refugees and Demography, Sub-Committee on Refugees, Equal Opportunities for Women and Men) to Kosovo. This visit led to a debate in the Parliamentary Assembly on 22 and 23 September 1999, resulting in the adoption of Recommendations 1422(1999) on the political situation in Southeast Europe following the Kosovo conflict 1423(1999) on the economic reconstruction and renewal and 1424(1999) on the evaluation of the humanitarian situation in the Federal Republic of Yugoslavia, particularly in Kosovo and Montenegro. The Secretary General, Mr Walter Schwimmer, will visit Pristina on 9 and 10 November 1999. For its part, the SRSG, Dr Bernard Kouchner, has been invited by the Secretary General for an informal exchange of views in the context of the 105th Session of the Committee of Ministers on 3 November 1999 in Strasbourg. 1. Situation at 29 October 1999 |