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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