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Positive experiences of autonomous regions as a source of inspiration for conflict resolution in Europe (CONSILIUL EUROPEI 2003)

 Doc. 9824

3 June 2003

Positive experiences of autonomous regions as a source of inspiration for conflict resolution in Europe

Report

Political Affairs Committee

Rapporteur: Mr Gross, Switzerland, Socialist Group

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I.       Introduction

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5.       Today, it seems that tensions in certain states that have been facing an internal political crisis for many years are being resolved with the aid of autonomy concepts. This appears to be the case in Cyprus or Sri Lanka.

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9.       In the final section, we shall study the actual application of this experience in crisis regions, such as Kosovo (Serbia and Montenegro), Chechnya (Russia), Abkhazia (Georgia) and Transnistria (Moldova).

 

II.       Development of the concept of autonomy

10.       (....) In order to avoid any misunderstanding. it is important to state that our conception of autonomy does not in any way correspond to the use of the word in the past by authoritarian regimes like the Russian empire, the USSR or Yugoslavia. (....

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17.       Territorial autonomy is no panacea as it does not resolve all problems. (...)

 

III.       Concept of autonomy and right to self-determination

c)       Defining the scope of autonomy

40.       Etymologically, the word autonomy is derived from the Greek auto (“self”), and nomos (“law”), so its primary meaning is the right to govern oneself and draft one’s own laws (ie, “self-rule”).

 

VIII.        Some thoughts on resolving certain current conflicts by introducing the concept of autonomy

193.       In the Europe of today, there are several regions that have been plagued by conflicts for many years, especially in the central and eastern European countries. This can partly be explained by the fundamental changes after the collapse of the Soviet Union and Yugoslavia.

194.       (...) In these regions, conflicts erupted in Nagorno-Karabakh, Abkhazia and South Ossetia as well as in the Russian Federation (in the Chechen Republic, in the northern Caucasus). the former Yugoslavia (Kosovo) and Moldova (Transnistria).

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b)       Kosovo as part of Serbia and Montenegro

199.       The Kosovo issue is extremely difficult to resolve and Kosovo’s location in the heart of the Balkans only makes it more complicated. The two regions of Kosovo and Vojvodina enjoyed considerable autonomy until September 1990, when the new constitution of the Republic of Serbia was adopted and resulted in the abolition of their so-called “autonomy status”. The 1974 constitution of the Federation of Yugoslavia granted a “large degree of autonomy” to the autonomous socialist provinces” of Kosovo and Vojvodina. For example, these provinces had their own assembly, an executive council, a constitutional court and a supreme court and the public administration was placed under their supervision.

200.       The Parliamentary Assembly of the Council of Europe has commented on this conflict on several occasions. For example, in its Recommendation 1422 (1998), it stated that “the basis for the normalisation of the situation in Kosovo should be full and strict implementation of the United Nations Security Council Resolution 1244”. While urging international guarantees preventing any attempts to return to the status quo or to secede in its Recommendation 1384 (1998), it said that the political status of Kosovo had to be “based on a high level of autonomy within the Yugoslav federation (…) including a) the highest possible form of autonomy for Kosovo in the fields of law-making and the executive, the judiciary, public order, the economy, education and culture; b) respect for the rights of Serbs and other minorities living in Kosovo; and c) direct participation of Kosovo representatives in the federal institutions”.

201.       On this subject, the Venice Commission defined, in Doc. (076/1998 fry), the key areas and the executive and legislative responsibilities to be exercised by the competent bodies in Kosovo. These responsibilities include the organisation of political institutions and procedures of government (constitution, parliament, legal system), local and regional authorities, local and regional elections, the management of the public sector (transport, natural resources), education and cultural affairs (especially the media and relations between the religious communities) and financial issues (taxes and the budget).

202.       One way of resolving these tensions is to grant Kosovo special autonomy status. This status, which ought to be provided with international guarantees, would not call into question the territorial integrity and sovereignty of Serbia and Montenegro and would encourage respect for the rights of the minorities in both Serbia and Kosovo. In the light of the new situation with regard to Serbia and Montenegro, it seems possible that such a status could be granted, especially as there are many examples today of special autonomy status that could provide a stimulus for the relevant negotiations.

 

IX.       Conclusion

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216.       For example, it seems that a solution to the Kosovo problem could be achieved by granting the region broad-based autonomy backed by transfrontalier co-operation agreements with the neighbouring Albanian-speaking communities. At the same time, Part III of the European Charter of Regional or Minority Languages, which deals with promoting the use of a language in education, in dealings with the judicial authorities, the administrative authorities etc, provides a way of reaching an agreement that could strike a balance with the linguistic rights of the Serb minority in Kosovo, as well as those of the minorities in Vojvodina.

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APPENDIX

Doc. 8425
28 May 1999

Resolution of ethnic conflicts in Council of Europe member states

Motion for a resolution presented by Mr Atkinson and others

This motion has not been discussed in the Assembly and commits only

the members who have signed it

.       The Assembly remains concerned that a number of ethnic conflicts in member states and special guest states remain unresolved although cease-fires have been in place for some years. These concern Abkhazia in Georgia, Trans-Dnestr in Moldova, Chechnya in Russia, the occupation of the self-proclaimed Turkish Republic of Northern Cyprus in Cyprus and Nagorno-Karabakh in Azerbaijan. In addition, of course, the situation in Kosovo is unlikely to lead to a voluntary acceptance of Serbian sovereignty.

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