The Parliamentary Assembly of the Council of Europe adopted a recommendation for Kosovo's membership
The Parliamentary Assembly of the Council of Europe adopted tonight the Opinion of rapporteur Dora Bakoyannis, recommending the admission of Kosovo into the membership of this organization. The draft Opinion was supported by 131 MPs, 29 were against, and 11 MPs abstained. The MPs rejected all amendments to the proposed Opinion, including the proposal that the formation of the Community of Serb Municipalities be a condition for Kosovo's membership.
Rapporteur Dora Bakoyannis stated at the beginning of the session dedicated to her report that she believes this body should send a recommendation to the Committee of Ministers for Kosovo's membership in the Council of Europe.
Bakoyannis emphasized that her report does not deal with the status of Kosovo, as, she added, she would certainly not have taken on the role of rapporteur and would have agreed with Greece's stance.
She highlighted that the Council of Europe is marking its 75th anniversary, and in those seven and a half decades, it has worked to protect human rights, democracy, and the rule of law across Europe.
She guided these principles in preparing the report on Kosovo.
She mentioned that during her 301-day work, she made two visits, held four different sessions, and had dozens of meetings across Europe, stating that "no stone was left unturned in preparing the report."
"This report is dedicated to human rights, democracy, and the rule of law in the region. From the beginning, I said it has nothing to do with recognizing or not recognizing Kosovo; that remains up to the member states," she emphasized.
Bakoyannis highlighted that reputable lawyers assessed that the laws in Kosovo are in line with CoE standards, and Kosovo can be considered a functional parliamentary democracy, where judicial independence is respected.
"Lawyers have assessed that extending the CoE's legal act would contribute to further strengthening human rights in Kosovo. Kosovo complies with the rules for accessing the CoE," she emphasized.
Bakoyannis stated that despite the worsening situation in Kosovo, especially concerning relations with minority communities, the authorities are determined to change the situation.
She pointed out that in her report, she highlighted three things that need to be urgently implemented.
The first is the implementation of the Constitutional Court's decision regarding the property of the Visoki Decani monastery, the second related to the expropriation of property of minority communities, and the third is establishing the Community of Serb Municipalities.
"Although many warned that progress on these points could not be expected, we have made progress. I am proud to inform you that the CoE has managed to resolve an issue that has been open since 2016, which is the return of property to the most important Serbian monastery, representing a great victory for the rule of law and the Serbian community," she emphasized.
She noted that, unlike the property of the monastery, the issue of expropriation represents a process.
She conveyed that the Kosovo authorities have committed to future expropriation issues being carried out in accordance with laws, which must be aligned with the Constitution and in accordance with the protection of the property of the Serbian Orthodox Church (SPC).
She stressed that if the Committee of Ministers decides to accept Kosovo, it should be clear that any expropriation will be subject to court.
According to her, the CSM is the biggest open issue.
"From the beginning, I made it clear that I consider the establishment of the CSM an internal matter of Kosovo, as it only concerns the citizens of Kosovo. I have made an effort to materialize the CSM, but unfortunately, this issue cannot be resolved, as it has been the basis of dialogue since 2013. The Ohrid Agreement clearly indicates that any negotiations on establishing the Community must be held within the framework of the dialogue. The CSM is currently unattainable, and the Committee of Ministers must take this issue into account," she explained.
Bakoyannis stated that based on these factors, she believes that the Parliamentary Assembly should send a recommendation to the Committee of Ministers in favor of Kosovo's membership in the CoE.
"I hope that today the PACE will underscore the need to bring a further two million people under the democratic umbrella," she said.
Bakoyannis pointed out that since her report was published, she has been subject to attacks, and the most aggressive comments have come from members who do not recognize Kosovo.
"I wish them to be honest, as there is no precondition under which they would support a positive report. Their criticism has nothing to do with the criteria for accession, but only with the status of Kosovo. The report does not deal with the issue of status. Had the Committee of Ministers asked me to declare in the report about the status, I would never have taken on this work and would have agreed with the stance of Greece. But that is not the case, and it was not, and I hope the report speaks to my integrity," she said.
On behalf of the Committee on Legal Affairs and Human Rights, Azadeh Rojhan, from the socialist ranks, emphasized that Kosovo's membership in the Council of Europe would strengthen peace and stability in the still unstable Balkan region.
She added that the most important thing is that it will ensure compliance with the European Convention on Human Rights in the "young country," as well as strengthening the rule of law in the interest of all citizens, regardless of which community they belong to.
"The Committee believes that Kosovo meets all the conditions for membership in the Council of Europe," Rojhan stated.
She added that Kosovo has resolved all challenges, such as the issue of the land of the Visoki Decani monastery, and that progress has been made regarding the constitutional and legislative framework, as the Kosovo authorities cooperate with the Venice Commission, but that there are still some reforms that must be implemented.
Rojhan noted that Kosovo's commitment to meeting all the Committee's recommendations shows that Pristina will provide legal protection for all citizens.
"I emphasize, all citizens, because the treatment of minority communities, including Serbs in the north, is crucial for the success of Kosovo as a free and prosperous country," said Rojhan, adding that membership in the Council of Europe is not the end, but the beginning of the process of securing rights for all people living in Kosovo.
On behalf of the Committee on Equality and Non-Discrimination, Beatrice Franco-Rolfe, from the ALDE party group, also called on the Parliamentary Assembly to support Kosovo's membership in the Council of Europe.
She emphasized that the cornerstone is the respect for the rights of minorities and called on Kosovo to form the Community of Serb Municipalities.
"That is a key, first step. That is a recommendation that must be met," Rolfe said, adding that the rights of all communities must be protected.
By joining Kosovo in the Council of Europe, citizens will know that their rights will be better protected, she added.
Pantic Pilja: Kosovo's membership in the CoE will open Pandora's box, the report proves that the territorial integrity of states means nothing
The head of the Serbian delegation, Biljana Pantic Pilja, emphasized that the admission of Kosovo to the CoE would open Pandora's Box and that the Bakoyannis report proves that she cares nothing for the territorial integrity and sovereignties of states.
"I congratulate you on what you are doing today. You will go down in history as someone who has brutally violated international law on which the CoE is based. By admitting something that is not a state, you are bypassing the rules of the CoE," she emphasized.
Pantic Pilja reminded that the first condition is the establishment of the CSM, which is an international obligation that Kosovo signed 11 years ago, and which is a basic precondition of the dialogue.
"If you allow Kosovo to join the CoE without establishing the CSM, the Community will never be established. You have said and written that establishing the CSM is considered a necessary condition for protecting minority rights. Why don't you talk about the human rights of Serbs in Kosovo and Metohija. Since Kurti's government has been in power, the ethnic cleansing of the Serbian community is underway. A mass exodus is underway, and 14 percent of Serbs have left Kosovo and Metohija. Serbs are subjected to daily attacks. And you do not care about that. Pristina authorities arrest, scare, and shoot at Serbs. Ten months of banning Serbian goods from entering Kosovo, Cyrillic signs have been removed, and the dinar is banned, which endangers the lives of the remaining Serbs," she explained.
She reminded that no one has been held accountable for the attempted murder of two boys last Christmas.
"You have decided to reward all those unilateral measures of Pristina with visa liberalization, admission to NATO, and the CoE. What you are doing is a precedent that opens Pandora's Box. You are showing that you care nothing for territorial integrity and sovereignty. The status of our southern province is clearly regulated by UN Resolution 1244, and Kosovo and Metohija will always be part of Serbia. We may be a small country, but unlike you, we have integrity and will never give up and submit," emphasized Pantic Pilja.
She stated that Serbia will consider whether to remain a member of an organization that violates international law.
Julian Bulai from Romania, on behalf of the ALDE party group, said that countries and regimes change, but people remain, and that the decision on Kosovo's membership is not a fight for a country or a nation, but for the protection of individual rights.
"We defend the rights of individuals, not countries, nor nations. Today's decision means for 1.6 million people living in Kosovo and it is in their interest," said Bulai.
He emphasized that this is just the starting point because Kosovo is expected to meet all international obligations.
He stated that Kosovo is ready and deserves to enter the Council of Europe, but it is also mandatory to ensure the protection of the Serbian community.
He added that "we should not go down the wrong path to form a new RS in the north of Kosovo," but also that the real needs of the Serbian community, which expects to be respected in Kosovo, should not be ignored.
Alexis Tsipras from Greece, on behalf of the European Left, pointed out that frozen conflicts do not remain so forever and, if challenges are not resolved, stability is endangered day by day, and nationalism grows until the conflict becomes violent again.
"I agree that Kosovo has decided to comply with the Constitutional Court's decision on the Visoki Decani monastery, but that cannot be enough to support the membership request," said Tsipras.
Frank Schwabe from Germany, on behalf of the socialists, said that the Council of Europe is neither the UN General Assembly, the EU, nor the Quintet, does not recognize states, but ensures respect for democracy, the rule of law, and human rights.
He added that almost two million people from Kosovo need to be "under the umbrella" of the Council of Europe, but also that after the decision to return the land to the Visoki Decani monastery, more is needed – primarily the Community of Serb Municipalities.
Norwegian MP Ingrid Schou, on behalf of the Christian Democratic Group, said that Kosovo's Prime Minister Albin Kurti conveyed to rapporteur Dora Bakoyannis that he is ready to sign the Draft Statute of the CSM, and she believes that the establishment of the Community will happen.
As she stated, if and when Kosovo becomes a member of the Council of Europe, it will remain "under supervision," because membership is not the last "station."
Representative of the conservative group Zolt Nemet said that his parliamentary group fundamentally supports Kosovo's membership in the CoE, but he has three reasons why he does not support the proposed report.
"The first is that Kosovo has not fulfilled its obligations. It has fulfilled only one of the three required things. Especially, the establishment of the CSM has not been fulfilled. The Community is also part of the Ahtisaari Plan. Unfortunately, Kosovo has not established the CSM, and I am concerned that the Kosovo government will never allow the establishment of the Community, if we give in now. The second reason is Serbia, whose stability is threatened. Whose interest is it to destabilize Serbia and have that country outside the CoE. I do not believe it is in our interest. Furthermore, the Council of Europe is working against its own principles, and should work in favor of regional stability in the role of a mediator. I hope that the Committee of Ministers will be wiser than us. I hope we will be able to convince Kosovo that the CSM is crucial for membership and that we will be able to keep Serbia in the Council of Europe," said Nemet.
The first to speak after the representatives of the parliamentary groups was Enis Kervan from the Democratic Party of Turks of Kosovo, who said that today is a "historic day for Kosovo and for the Council of Europe."
According to him, Kosovo has made notable progress in meeting the conditions for membership in that organization.
He stated that Kosovo promotes tolerance, dialogue, and international standards in the protection of the rights of minority communities.
"The Constitution guarantees the rights of all minorities, which are significantly represented in institutions. That is why I recommend to my colleagues to vote in favor of Kosovo's admission to the Council of Europe. Kosovo's membership is not just a symbolic gesture but ensures justice for all citizens," said Kervan.
On the other hand, an MP from Montenegro, on behalf of the Democratic People's Party, Maja Vukicevic, stated that she will not support the report on Kosovo's membership because, although the country she comes from has recognized Kosovo, MPs have the right to decide in their own name.
"I am here to be the voice of those people who voted for me in Montenegro. For Serbs, wherever they live, Kosovo is the cornerstone of our faith and history," said Vukicevic.
She stated that she agrees that we should look forward and build bridges of cooperation, but also noted that Kosovo's membership in the Council of Europe does not help the dialogue between Belgrade and Pristina.
She also pointed out that there is no consensus in the international community that Kosovo is a state, as most UN member states do not recognize Kosovo, as well as all EU countries.
"Never in the history of the Council of Europe has a territory sought membership. We should always keep in mind the respect for territorial integrity and Resolution 1244, which provides for dialogue between Belgrade and Pristina. Disrespect for territorial integrity can come back to haunt us all," warned Vukicevic, adding that there is no need to insist on Kosovo's membership, as it can cause negative consequences.
Ukrainian MP Oleksiy Honcharenko conveyed to Dora Bakoyannis that she did an "excellent job."
"Congratulations to Kosovo, I am sure that the decision will be positive. Kosovo deserves this and this is the right moment. Not only for Kosovo but for all of us, now that tyrants are trying to take revenge. Just look at what is happening, Putin is trying to re-establish the Russian empire..." said, among other things, Honcharenko.
MP of the Basque Nationalist Party Nerea Ahedo called on the "non-recognizers" to recognize Kosovo, adding that she does not understand why Spain and other member countries that have not done so – have not yet recognized Kosovo.
MP of the Socialist Party of Albania Bljerina Gjulameti emphasized that, in the current circumstances as war rages in Ukraine, a vote for Kosovo is a vote for stability.
"Today, as we face new challenges, let's admit Kosovo to the CoE. I appeal to you to vote for the report. Let's seize the historic opportunity to build a future in peace," she said.
Arta Biljali Zendeli from the DUI of North Macedonia said that, as an Albanian from North Macedonia, she disagrees with the opinion that Kosovo's membership could create new conflicts in Europe.
"All democratic states require dialogue, and membership would encourage the dialogue between Serbia and Kosovo, because it would create two equal partners at the negotiating table," she emphasized.
Armenian MP Armen Gevorgyan drew parallels between Kosovo and Nagorno-Karabakh.
He emphasized that selective approach and double standards create chaos in the world.
According to him, Kosovo's membership in the CoE gives hope that the Armenian people will be able to return to Nagorno-Karabakh.
MP of the Party of Democratic Progress from Bosnia and Herzegovina Branislav Borenovic said that what is currently being done, at a time when relations between Kosovo and Serbia need to be normalized through negotiations - is something dangerous.
"You are creating an unprecedented precedent. You are undermining the institution of the CoE. I ask you whether this precedent is creating a new rule. Are you sending a message to South Tyrol, Flanders, Catalonia, my RS and Bosnia and Herzegovina, and others that it is possible to unilaterally declare independence and become a member of the CoE," warned Borenovic.
He emphasized that he is against the proposal and that without Serbia's approval, it is not possible to make such decisions.
"The only way to save honor is to reject the report and insist on respecting the obligations that Kosovo has undertaken," he emphasized.
Head of the parliamentary group of the Democratic Party of Kosovo Arben Gashi called on the CoE members to "be on the right side of history, with Kosovo and the principles that define the European identity."
"Let's send a clear message that Kosovo belongs to the CoE, that our voice deserves to be heard," emphasized Gashi.
Head of the Democratic Party of Albania Lulzim Basha said that voting for Kosovo's membership in the CoE is an act of normalization when it comes to peace and stability in the Balkans.
"Those who say Kosovo still has a lot to do, there is much to be done in many of our member countries," he added.
He thanked Bakoyannis for allowing the decision of the Constitutional Court of Kosovo to be respected after eight years and for the property of the Visoki Decani monastery to be returned.
Elvira Kovac from the Alliance of Vojvodina Hungarians emphasized that the readiness of candidates must be assessed only based on the rules, and that membership is possible only with respect for human and minority rights.
She pointed out that, if we talk about relations between Belgrade and Pristina, there are at least four or five parallel realities, one of Serbs living in Kosovo, another of Albanians, a third of the authorities, a fourth of international reports, and she asked where these realities coincide and that is the need to protect minority communities in Europe.
Kovac stated that it cannot be forgotten that the expropriation of the property of the Serbian community has been carried out, which, according to the assessment of international organizations and countries, was contrary to the laws of Kosovo.
She underlined that the key issue that must be resolved is the CSM.
Kovac asked what is the guarantee that Pristina will implement the obligations it has undertaken for membership in the CoE when it has not implemented the CSM for 11 years.
"How can we trust them when Kurti and Osmani said they are returning the property to the Visoki Decani monastery only because of membership in the CoE," she asked.
Simonovic Bratic: Kosovo was, is, and will be Serbia
MP from Serbia Dunja Simonovic Bratic emphasized that Dora Bakoyannis' report is a "disaster" not only for the basic values on which the Council of Europe is based, but also for common sense, and even for Europe itself.
"We have come to the end of the road. The decision to support this report by the majority in this Assembly shows us in Serbia that you think it is completely okay to break all the rules and procedures just to establish your will and power, despite the law and justice," said Simonovic Bratic.
She added that at the meeting of the Political Committee, the ignoring and absence of any objectivity regarding Serbia's views were seen, and all the amendments submitted by the Serbian delegation were rejected.
"And, they did not find a better explanation for rejecting the amendments than the argument that they are 'not logical.' Very original," she added ironically.
She emphasized that rapporteur Dora Bakoyannis violated all procedures in preparing the report.
"She changed her opinion on a daily basis, from three conditions for membership, it came down to one, and even that became symbolic. Serbs, who suffer under the regime of Albin Kurti, were not found in the report, an amendment about the LGBT community was more important than the endangered lives of Serbian children," she said.
Therefore, she sees the report as a disaster not only for all the values of the Council of Europe but also for common sense and for all of Europe.
"If you let Kosovo into the Council of Europe - you are rejecting Serbia. Are you sure about that? This decision will change everything, it will empower separatist movements in other countries. What will you do with that? And, we will hear about that soon, get ready for what is coming," said Simonovic Bratic.
She thanked everyone who, as she said, was brave enough to support Serbia in such an atmosphere, because she knows it was not easy.
"What I am about to say are the words of all Serbs - Kosovo was, is, and will be Serbia," said Simonovic Bratic.
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