DGAP/Inf(2006)1
11 January 2006
With the compliments of the Director General of Political Affairs
Avec les compliments du Directeur Général des Affaires Politiques
INFORMATION NOTE
FOR THE ATTENTION OF THE MINISTERS' DEPUTIES
__________
NOTE D'INFORMATION
A L'ATTENTION DES DELEGUES DES MINISTRES
RE:
Report from the Council of Europe Field Offices and Other Outposts* /
November 2005
Rapport des Bureaux du Conseil de l’Europe sur le terrain et autres antennes* /
novembre 2005
Please find attached the Report from the Council of Europe Field Offices and Other Outposts
for November 2005.
_________________________
Veuillez trouver ci-joint le rapport des Bureaux du Conseil de l’Europe sur le terrain et autres
antennes pour novembre 2005.
Ce document n’existe qu’en anglais
* For a more complete list of activities, see Council of Europe activities database (CEAD) –
http://dsp.coe.int/CEAD / Pour une liste plus complète des activités, voir la base de données
des activités du Conseil de l’Europe (CEAD) – http://dsp.coe.int/CEAD
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FIELD OFFICES
YEREVAN
CHISINAU
Ms Bojana URUMOVA
Ambassador Vladimir PHILIPOV
Special Representative of the SG
Special Representative of the SG
Tel: +374 10 24 33 85
Tel: +373 22 23 50 34 or 35
Fax: +374 10 24 38 75
Fax: +373 22 23 30 18
E-mail: [email protected]
E-mail: [email protected]
BAKU
BELGRADE
Mr Mats LINDBERG
Mr Stefano VALENTI
Special Representative of the SG
Special Representative of the SG
Tel: +994 124 975 489
Tel: +381 11 3 088 411
Fax: +994 124 975 475
Fax: +381 11 3 086 494
E-mail: [email protected]
E-mail: [email protected]
SARAJEVO
PODGORICA
Mr Tim CARTWRIGHT
Mr Vladimir RISTOVSKI
Special Representative of the SG
Head of Office
Tel: +387 33 264 360 or 361
Tel: +381 81 230 819 or +381 81 230 825
Fax: +387 33 233 937
Fax: +381 81 230 176
E-mail: [email protected]
E-mail: [email protected]
TBILISI
PRISTINA
Mr Igor GAON
Mr Zurab KATCHKATCHISHVILI
Special Representative of the SG
Head of Office
Tel: +995 32 98 54 40
Tel: +381 38 243 749
Fax: +995 32 98 96 57
Fax: +381 38 243 752
E-mail: [email protected]
E-mail: [email protected]
OTHER OUTPOSTS
TIRANA
SKOPJE
Ms Delphine FREYMANN
Mr Michel RIVOLLIER
Special Adviser
Resident Expert
Tel: +355 4 22 84 19
Tel: +389 2 3290 232
Fax: +355 4 24 89 40
Fax: +389 2 3123 617
E-mail: [email protected]
E-mail: [email protected]
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Yerevan
1. Political and legislative developments
1. Attempts by the international community and the Opposition (Justice Bloc and National
Unity Party) to convince the Armenian authorities to invite OSCE to observe the
27 November referendum on changes to the constitution did not bear fruit. Other
organisations with election and/or referendum-related experience, such as IFES and the
National Democratic Institute (NDI), also failed to acquire an invitation letter from the
Armenian authorities. In the end, the 14-member team from the Council of Europe
(PACE and CLRAE) were the only international observers to the constitutional
referendum.
2. Eleven days before the date of the referendum, the Opposition abruptly changed its
strategy from calling for a "no" vote to calling for a boycott. On 22 November the Justice
bloc and National Unity urged their representatives to withdraw from the electoral
commissions.
3. The Council of Europe observers visited around 150 polling stations in the capital and
across the country on voting day. In the majority of polling stations visited, the conduct of
the poll was in compliance with international standards. However, in a significant number
of polling stations this was not the case; the extremely low voting activity did not
correspond to the high figures provided by the electoral commissions. The delegation
called upon the authorities to investigate thoroughly all the allegations brought to its
attention and made clear its expectation that the necessary measures will be taken against
those responsible for fraud.
4. On 29 November the Central Electoral Commission (CEC) officially published the final
results of the referendum, according to which 1 513 541 people (65.3% of the total
number registered) participated. Of those, 1 411 791 (i.e. 93.3% of those who voted)
voted for the proposed amendments to the constitution, whereas 82 159 (5.4%) voted
against. The President and the ruling coalition hailed the adoption of the Constitutional
amendments as a great victory for democracy in Armenia. The CEC rejected the demands
of the Opposition to invalidate the results of the referendum.
5. The results tabulated by Opposition and certain NGO representatives were vastly
different from those of the CEC; according to some estimates, the turnout was as low as
15-20 %. It's Your Choice (a local NGO) registered serious violations of the electoral
process, illegal voting and widespread ballot stuffing.
6. The Opposition held a number of demonstrations in the period leading up to the
referendum and in the following days. It would appear that the largest gathering
assembled some 1500 people, and that relatively small numbers of individuals were
detained for a limited period (i.e. not more than 24 hours).
7. On 30 November Raffi Hovhannissyan, leader of the Opposition Heritage Party and
former Minister of Foreign Affairs (in Levon Ter-Petrossyan's Government), was stopped
by National Security Service officers at the airport in Yerevan. Mr Hovhannissyan, who
was about to board an airplane to Vienna, was apparently made subject to a detailed
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search and questioning on suspicion that he was transporting "documents containing State
secrets".
8. The "17 + 1" Opposition parties' forum stated that during the campaign period leading
up to the referendum opposition political parties - and, in particular, their leaders - were
barred from broadcasting their opinion on television. The Yerevan Press Club, which
monitored the media coverage of the referendum, found that while there had been
sufficient attention to the campaign in the media, the results were not satisfactory in terms
of having balanced coverage and raising awareness on the substance of the proposed
amendments.
9. On 1 November the President endorsed the amendments to the Criminal Code and to the
Law on Holding Meetings, Rallies, Marches and Demonstrations. As for the latter, the
Venice Commission and ODIHR found that most of their recommendations were reflected
in the revised law.
10. On 17 November the Armenian Parliament approved in the 1st reading the draft
amendments to the Code of Criminal Procedure. The draft amendments concern the
powers of investigators and investigatory bodies, public prosecutors, and rights of suspects
and the accused. The expertise submitted by the Council of Europe to the Ministry of
Justice was reportedly taken into account in the drafting of the amendments.
11. On 26 November the Armenian Parliament approved in the second and third readings the
amendments to the Law On Local Self-Government. The amendments concern financing
of LSG bodies.
12. On 17 November Armenia signed the Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on the Financing of Terrorism.
2. Council of Europe action
13. On 22 November the President of the Parliamentary Assembly of the Council of
Europe appealed to all Armenian citizens to participate in the 27 November referendum.
14. On 4 November the Venice Commission, the Public Administration Academy and the
Constitutional Right Centre of the Constitutional Court conducted a seminar on
separation of powers and checks and balances. The event was attended by a Venice
Commission expert, politicians, local NGOs and the media.
15. The remaining activities specified in the action plan in support of a public awarenessraising campaign were completed. Local NGO initiatives which received support
included a series of training sessions conducted by the Centre for Public Dialogue and
Development and two regional town hall meetings held by the International Centre for
Human Development on the topic "The New Constitution of Armenia: Pros & Cons".
16. On 30 November the SRSG met the delegation of the European Commission which
visited Armenia for the first round of consultations on the EU-Armenia European
Neighborhood Policy Action Plan.
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3. Other action / coordination and cooperation with partner organisations
17. The OSCE Office in Yerevan, with the support of the International Centre for Human
Development (a Yerevan-based NGO) and the Council of Europe held a conference
entitled “Promotion of OSCE Values, Principles and Commitments as a basis for Security
and Co-operation in the OSCE Area: Concrete Steps Towards Armenia's European
Integration”. An expert of the Venice Commission gave a presentation, and the SRSG
made an opening speech and moderated one of the sessions.
18. From 29 to 30 November the OSCE Office held a seminar on anti-corruption legislation
and mechanisms, as well as preventive measures, financial analysis, criminal
investigation procedures and the prosecution of corruption-related crimes. The President
of GRECO as well as a representative of the Organisation for Economic Co-operation and
Development (OECD) and other experts participated in the seminar.
*
*
*
Activities of the Information Office of the Council of Europe (IOCE)
Publications and translations:
Creation of a separate website section on Education for Democratic Citizenship to give
support to CoE activities within the European Year of Citizenship through Education.
Within the framework of the Action plan to support the public awareness-raising campaign
on the constitutional referendum:
 Preparatory work on a Questions & Answers Leaflet on Constitutional Amendments
further published and distributed by the NGO Centre for Public Dialogue and
Development.
 Preparation and broadcasting on public TV of a Public Service Announcement to
support public participation in the referendum.
 Publication and distribution of the poster on participation in the referendum and the
Venice Commission’s Code of Good Practice in Electoral Matters in Yerevan and
regions.
Seminars, conferences and other activities:
Presentation of the English-Armenian Glossary of Council of Europe Related Terms and
Expressions, 30 November. In a widely advertised event, heads of libraries, media and NGO
representatives took part, as well as representatives of state structures, educational institutions,
think tanks and foreign embassies.
The IOCE provided information support to Council of Europe observation mission visiting
Armenia from 25 to 28 November.
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Baku
1. Political and legislative developments
1. Parliamentary elections were held in Azerbaijan on 6 November for the 125 seats in
Parliament. On 30 November the Constitutional Court cancelled results in ten
constituencies in which the rerun will be held on 13 May 2006. The remaining 115 seats
are shared by the ruling Yeni Azerbaijan Party who get 56 seats, whereas opposition
parties have 9 seats. The other seats went to either pro-governmental parties or
independent deputies of which many are considered to be close to the ruling party.
2. The elections were observed by more than 1,000 international observers, most of whom
were short term observers (STOs) from OSCE/ODIHR. Four parliamentary assemblies
made up an International Election Observation Mission, namely PACE, the OSCE
Parliamentary Assembly, the European Parliament and the NATO Parliamentary
Assembly. The PACE had sent its largest election observation mission ever, comprising
50 parliamentarians. The International Election Observation Mission issued its
preliminary findings on 7 November, stating that the elections did not meet a number of
OSCE commitments and Council of Europe standards. The statement noted improvements
in some respects during the pre-election period such as smooth registration of candidates
but also shortcomings such as continued restrictions on the freedom of assembly. As for
Election Day, the preliminary report describes voting as generally calm, while the election
process deteriorated towards the end of the day, in particular as regards the vote count,
which was described as bad or very bad in 43% of the counts observed.
3. A group of Russian ODIHR STOs, backed by the Russian Foreign Ministry, announced a
differing opinion regarding the preliminary findings. Moreover, the election observation
team from the Commonwealth of Independent States described the election process as
mostly well conducted and any shortcomings not significant enough to influence the
overall results.
4. The US State Department issued a statement declaring that it believes that the November
6 parliamentary elections were an improvement over previous elections in some areas, but
that despite these improvements, the elections did not meet a number of international
standards, as established by the OSCE observer mission.
5. The International Crisis Group on 21 November issued a critical report on the Azerbaijani
election, calling it a lost opportunity.
6. Two American companies, PA Government and Edison/Mitofsky International, conducted
exit polls on polling day, the former in half of Azerbaijan’s election constituencies and
the latter in all of them. The exit poll results of PA Government differed significantly
from the official results for some constituencies. The President of the Central Election
Commission (CEC) accused PA Government of having predominantly hired local
opposition supporters for carrying out the poll.
7. As instructed by the Presidential Decree of 26 October, the CEC on 1 November adopted
rules of procedures for addressing election complaints. According to the Chairman of the
Central Election Committee, these rules, to the drafting of which a Council of Europe
expert significantly contributed, were applied by the CEC while handling post-election
complaints, amounting to over 500.
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The newly elected members of the Azerbaijani Parliament to assemble on 2 December
for a first ceremonial session in the presence of President Ilham Aliyev. At the first
session the new MPs elected 51-years old Ogtay Asadov to become Speaker of
Parliament.
9. The political opposition, notably the opposition blocs Azadlig and Yeni Siyaset (YeS),
did not recognise the results of the election and staged protest rallies on 9, 13 and
19 November. These three authorised rallies passed without incident. Assessments of
participant numbers vary, but most reports suggest that out of the three rallies the
13 November one saw the highest number, being in the area of 20,000. On 26 November a
further rally which had been authorised to take place from 3 to 5 pm was held with some
10,000 participants. At 5 pm some opposition leaders were still delivering
speeches. Moments after 5 pm police moved in on the rally participants and violently
dispersed them. The rally participants had no time to leave the square before the police
started to beat them with batons. Water canons were also used. The President of PACE,
the OSCE office in Baku, the European Union Presidency and the US Embassy in Baku
all issued statements protesting against the unjustified use of force against a peaceful
rally.
10. The second phase of examinations in the current selection process of judges in
Azerbaijan was carried out on 26 November. The 222 candidates present had to provide
written replies to two questions in case study format, one on civil law and one on criminal
law. Representatives of the International Legal Reform Group, including the SRSG,
monitored the examination, which they assessed as correct. The third and final stage of
the selection will consist of an interview, probably to be held in January 2006. The
Council of Europe will organise training for the selected judges.
2. Council of Europe action
11. On 18 November the final monitoring report, on compliance with the Code of Conduct
of Azerbaijani Media During Election Campaigns, was presented by the head of the
monitoring team, at a press conference at the IOCE. Given that compliance by and large
improved during the two-month period monitored, it would appear that the Code and the
monitoring exercise contributed to higher reporting standards in Azerbaijani media.
12. The representatives of the CoE Venice Commission participated in a conference to
celebrate the 10th Anniversary of the Constitution of Azerbaijan held in Baku 1112 November. Participants were judges from Constitutional and Supreme Courts
throughout Europe and Central Asia, as well as from OSCE and GTZ offices in Baku.
3. Other action / coordination and cooperation with partner organisations
13. From 29 November to 30 November the Council of Europe and the UNHCR held a joint
workshop on refugees’ social and economic rights in Azerbaijan.
*
*
*
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Activities of the Information Office of the Council of Europe (IOCE)
Publications and translations:
The IOCE Baku arranged the publication and dissemination of voter education posters on
inking of fingers.
The IOCE Baku translated into English the weekly reports and final report of the Media
Monitoring group initiated by the Council of Europe.
The IOCE completed the translation of 12 judgments of the ECtHR under a DGII project.
Seminars, conferences and other activities:
The IOCE Baku assisted the CoE election observation mission in organising interviews with
local media representatives, including translation, and organised exclusive interviews with
ANS TV and independent newspapers.
The Office assisted local ANS TV to organise a written interview from the Secretary General
of the Council of Europe on the Parliamentary Elections.
The IOCE provided full support to the SRSG in the conduct of the media monitoring process,
disseminated the weekly reports of the Media Monitoring Group and organised the weekly
and final press conferences.
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Sarajevo
1. Political and legislative developments
1. On 7 November, EU Foreign Ministers endorsed the European Commission’s (EC)
recommendation to open negotiation of a Stabilisation and Association Agreement
(SAA) with Bosnia and Herzegovina. The beginning of this process was marked formally
at a ceremony on 25 November – BiH National Day.
2. On this occasion EC Commissioner for Enlargement, Olli Rehn re-affirmed that the
rapidity with which the EU had agreed to start SAA negotiations did not imply any
dilution of the conditions required of BiH. The process would test the capacity of BiH
leaders to cooperate and achieve consensus. Pace and completion of the negotiations
would particularly depend on four things: progress in development of the legal framework
and administration in BiH; implementation of police reform; adoption of all necessary
PBS laws, and full cooperation with the ICTY.
3. In his turn, Council of Ministers Chariman, Adnan Terzic, in a direct reference to his
personal initiative on Higher Education (see below), looked forward to international
recognition of diplomas, to visa-free travel, to economic improvement and expanded
trade, to EU standards of social and environmental protection, and to effective cooperation
in the fight against terrorism and crime. He also paid express tribute to the help and
support of the Council of Europe in bringing BiH to this point.
4. In parallel with these speedy developments in European integration, political leaders had
convened first in Brussels (12-14) and then in Washington (19-21) to discuss
constitutional reform and to mark the ten years of the Dayton Peace Accords. The
leaders had failed to agree on any concrete measures in Brussels, but in Washington they
signed up to an agreement to ‘enhance the authorities of the state government and
streamline parliament and the office of the presidency’, and committed themselves to
making these constitutional changes by March 2006. They also recognised that ‘further
reforms of the constitution [would] be necessary to meet the EU’s accession criteria’. This
agreement met with widespread international approval, though the domestic waters were
muddied somewhat by subsequent ambiguous statements by some of the signatories as to
just what had been agreed.
5. While in the USA, Terzic met UN officials, whom he discussed, inter alia, the issue of
police officers decertified by the UN International Police Task Force during the UNMBiH
mandate. He referred in particular to the Opinion of the Venice Commission and its
recommendation that a review body be established. He warned that the some 800
decertified police officers might file charges against the UN.
6. On 28 November, the High Representative issued a decision allowing all officials who
have been removed from their positions - with the exception of those removed for
ICTY obstruction and/or PIFWC support - to apply for and hold non-managerial public
positions within administrative bodies that are appointed through open competition.
Removed Officials will still be banned from standing for election, and from holding any
position in public bodies responsible for public security, defence and intelligence. This
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initiative reflected the OHR view that as BiH has marked the tenth anniversary of the
signing of the Dayton Peace Agreement with the opening of Stabilisation and Association
talks with the EU, the process of handing responsibility back to the BiH institutions
should be continued.
7. On 30 November, former member of the BiH presidency, Mirko Sarovic, was arrested on
charges filed against him by Toby Robinson, Temporary Administrator of Privredna
Bank, East Sarajevo. Sarovic was previously on the EU black list for suspicion of aiding
war crimes suspects at large. The former director of the RS Strategic Reserves and the
company Matres, Milorad Govedarica, was also arrested.
2. Council of Europe action
8. November saw the week-long visit of the GRECO monitoring mission.
9. On 17 November, the CoE Secretariat addressed a letter to the FBiH Parliamentary
Assembly urging adoption of the proposed amendments to the FBiH Constitution and the
new draft law on principles of local self-government in FBiH. The 4th Steering Board
meeting of the Beacon Scheme was held 23 November at which the Advisory Panel
chairman informed the Steering Board members on the short-listing of municipalities’
applications, the results of which will be made public on 5 December. The Steering Board
agreed that the Award Ceremony would take place in April 2006.
10. On 28 November, in Banja Luka, the CoE Office, in collaboration with the BiH Ministry
of Civil Affairs, hosted a Working Group meeting to draft a State Law on Sport.
Participants from both state and entity levels agreed a preliminary text of the law and
agreed to meet again on 12 December in the CoE premises in Sarajevo.
11. Throughout November the CoE Office distributed widely the CD and printed versions of
Commentaries to the BiH Criminal Legislation, not only in BiH but also in
neighbouring countries.
12. The Foreign Languages Working Group met in the CoE Office in 9 November and
adopted an Action Plan of activities in the field of foreign language teaching in BiH
drafted by experts from the Goethe Institute. The Action Plan will be launched in January
2006 with a conference in Mostar. The CoE provides political leadership and expertise to
the group, notably via the Centre for Modern Languages in Graz.
13. From 12-14 November, a group of students from the city of Mostar held debates in the
European Court of Human Rights and learned more about the European Institutions, in
particular the CoE.
14. In the framework of the Judicial and Prosecutorial Training Centres (JPTCs) Capacity
Development Project, financed by the Canadian International Development Agency
(CIDA), expertise was provided on the draft amendments to the High Judicial and
Prosecutorial Council (HJPC) law dealing with judicial training and the JPTCs (CEAD
13664).
15. On 15-16 November, as part of the Prison Reform Project, a workshop on "Towards
Greater Responsibility and Accountability" (CEAD 13467) was held in East Sarajevo
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Prison. It focused on how to deal with prisoners’ complaints and inspections in prisons,
and brought together representatives of Ombudsman Offices at all three levels, human
rights staff of the OSCE Mission to BiH and members of non-governmental organisations.
On 24 November, project staff met with the BiH Assistant Minister of Justice for
execution of criminal sanctions and the Advisor to the Minister to review progress and to
stress the need for harmonisation of Entity Laws on execution of criminal sanctions with
the State law, as well as to discuss construction of the State prison. During the month, the
Training manual for prison staff was distributed to all BiH prisons (CEAD12399).
16. On 15 November, within CARDS Police Regional Project, a Workshop on Use of
Undercover Operations took place in Sarajevo to enable professionals in the field of
undercover operations from Bosnia and Herzegovina (State Investigations and Protection
Agency (SIPA), Ministries of Interior of FBiH and RS) to discuss the effective use of
these measures with colleagues from abroad, as well as to raise issues and problems that
hamper their use in practice (CEAD 13456). On 28 November the Local Project Officer
met with the members of the Working Group on Financial Investigations to finalise the
Training Manual for Financial Investigations.
17. On 24 November the CoE Office in Sarajevo hosted a meeting between the SISP (Social
Institutions Support Programme) project team and governmental representatives
involved in social policy. The meeting served to inform participants about the programme
and its implementation, not only in BiH, but also in the countries of the region.
3. Other action / coordination and cooperation with partner organisations
18. November saw intense cooperation with other members of the IC support of an initiative
of Prime Minister and Chairman of the Council of Ministers, Adnan Terzic, to kick start
definitive legislative reform in the field of Higher Education. This culminated in a
meeting of the Coordination Board for Economic Development and EU Integration,
extended to Heads of Mission and including the SRSG, on 18 November, which set up a
Working Group charged with delivering a draft State-level law by 9 December. It remains
to be seen whether this deadline will be respected. The CoE is very closely involved in the
deliberations of the Working Group.
19. Additionally, the SRSG took part in the ICRC 18th Working Party meeting on Persons
Unaccounted for on 22 November; gave an opening address on 23 Novemver at a meeting
of Mayors in Brcko, co-organised by the RS Association of Towns and Municipalities
and VNG International, the similar Dutch body. On 29 November the SRSG took part in
an OSCE-sponsored academic seminar on ‘Dayton – 10 years after’. On 2930 November, he participated in a PER seminar in Bucharest on ‘The Balkans and the
EU: Challenges on the road to accession’, together with many key political figures from
the region and elsewhere.
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Tbilisi
1. Political and legislative developments
1. A two-day forum on "Europe's new wave of Liberation: Democracy and
Transformation" was opened on 22 November in Tbilisi with the participation of highprofile guests including the Presidents of Ukraine, Estonia and Romania who arrived in
Georgia to take part in the events marking the second anniversary of the Rose Revolution.
2. Ex-Foreign Minister Salome Zourabichvili officially launched a public movement. She
said that the goal of the movement is to mobilise civil society initiatives at the initial stage
and “if necessary, it will turn into a political party in the future.”
3. The UN Observer Mission in Georgia (UNOMIG) said on 7 November that it is
concerned with “the deteriorating security and human rights situation” in the
Abkhaz conflict zone, “which could lead to an escalation of tension on the ground.” The
UNOMIG expressed the necessity of setting up a UN/OSCE human rights office in the
Gali district.
4. On 8 November the Parliament started debates over amendments to the criminal
code, proposed by the committee for legal issues. According to the opposition these
amendments will restrict human rights.
5. The Georgian Parliament adopted on 9 November a draft law on organised crime and
racketeering. The draft law envisages the confiscation of property which was acquired
through racketeering.
6. According to the 2005 International Religious Freedom Report issued by the US
Department of State on 8 November, the status of religious freedom has improved in
Georgia, but the report also notes that “local harassment, both verbal and physical, of
nontraditional minority religions continued”.
7. Leader of breakaway South Ossetia Eduard Kokoity said on 17 November that he will
not hold talks with Georgian Prime Minister Zurab Noghaideli, citing that the South
Ossetian leader and Georgian PM are not “equal rank officials”.
8. After talks with UN Secretary General Kofi Annan, who paid a lightning visit to Tbilisi
on 19 November, Georgian President Mikheil Saakashvili said that the Georgian side is
“frustrated” with the situation in breakaway Abkhazia and called on the UN to become
more active in solving the conflicts in Georgia.
9. Parliamentary Chairperson Nino Burjanadze said on 21 November that it is now possible
to launch discussions over Georgia’s possible withdrawal from the Commonwealth of
Independent States.
10. In a statement issued on 23 November Amnesty International announced launch of its
report: “Georgia Torture and ill-treatment – still a concern after the Rose Revolution."
But the group also notes that the fight against torture and ill-treatment is currently one of
the key issues on the new government’s agenda with regard to human rights.
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11. The Parliament launched on 25 November consideration of a new draft law on selfgovernance. The territory of Georgia will be divided into 65 regional municipalities and
7 cities. Protesters took part in a demonstration organised by ex-Minister Salome
Zourabichvili on 27 November against the draft law.
2. Council of Europe action
12. The monitoring team of the PACE headed by Mr Evgeni Kirilov, Rapporteur, visited
Georgia from 11 to 13 November. The delegation held meetings with the President, Chair
of the Parliament, ministers and other officials.
13. On 30 November the SRSG together with the CoE expert for local self-government had a
meeting with the Deputy Speaker of the Parliament, Mikheil Machavariani,
representatives of the National Democratic Institute and US Embassy to discuss
mainly laws concerning local self-government. He also held several meetings with MPs
Mikheil Machavariani and Vano Khukhunaishvili to discuss the package of laws about
local self-government.
14. On 8-9 November the Ministry of Education and Science of Georgia in co-operation with
the CoE organised in Tbilisi a conference on “Implementation of the Bologna Process
in the Georgian Higher Education System”.
15. A training seminar for the staff of the Office of the Public Defender on “the application
of the European Convention on Human Rights by the Public Defender” was
organised on 16-17 November in Tbilisi in cooperation with the CoE.
16. A seminar on “The Media after the Adoption of the 2004 Law on Freedom of Speech
and Expression” was held in Tbilisi on 29 November. The seminar was organised by the
Liberty Institute in co-operation with the CoE.
17. In the course of the month, the SRSG had a series of consultations with relevant Georgian
interlocutors to discuss future cooperation with the CoE in the areas of electoral law,
protection of human rights in the judiciary, Law on High School of Justice, fight against
trafficking, penitentiary reform.
3. Other action/coordination and cooperation with partner organisations
18. The SRSG held several meetings with representatives of the OSCE and IOM, to
discuss issues of human rights, penitentiary reform and trafficking in human beings in the
region.
*
*
*
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Activities of the Information Office of the Council of Europe (IOCE)
Publications and translations:
The Human Rights educational fact sheet “The ECHR-Starting Points for Teachers” in
Georgian was reprinted for distribution within the context of an intervention of the Ministry
of Education and Sciences within a number of secondary schools (capital and regions).
Seminars, conferences and other activities:
16-17 November, Tbilisi – The IOCE provided logistical support, documentation and
information coverage for the seminar organised on Application of the ECHR by the Public
Defender’s Office (PDO).
26 November – An official presentation of the Georgian version of the Compass - “Manual
on Human Rights Education with Young People”, was organised by the IOCE, SRSG, HR
Education Centre (local NGO) and the National Parliamentary Library.
30 November – Dissemination of CoE human rights promotional material to South Ossetia
through the OSCE mission to Georgia.
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Chisinau
1. Political and legislative developments
1. On 2 November the Ministry of Justice presented a report on the actions taken to assure
the observance of inmates' rights to the permanent parliamentary commission for human
rights.
2. On 3 November, a joint meeting of Supreme Security Councils' secretaries and heads of
Security and Information Services of the GUAM member states took place in Chisinau.
3. On 8 November, the governmental unit coordinating the public administration reform
(RAP Unit) presented a draft strategy for reforming the central public administration
(CPA) in Moldova.
4. In the case of the insurance company Asito vs Moldova the European Court of Human
Rights found one violation of article 6(1) and one of article 1, Protocol 1 of the ECHR.
The Court also this month disallowed the transfer, from the Republican Neurological
Center back to prison, of Mr Paladi, currently on trial for abuse of power when Deputy
Mayor of Chisinau.
5. On 9 November, the Moldavskaya powerplant’s new owner - Inter RAO EES of Russia cut the supply of power to Moldova. Moldavskaya was supplying 54% of electricity to
Moldova.
6. During the month of November, the new Supreme Council of Magistrates (SCM) was
established in conformity with the 22 July amendments, and the president of the SCM was
elected.
7. By the end of November, the Central Electoral Commission was newly composed (with
5 out of 9 members appointed by parliamentary opposition) and the CEC leadership
elected.
8. At its Autumn session, 7-9 November, the CoE CLRAE adopted a Report and
Recommendation on the functioning of local democracy in Moldova, in which it solicits
the Chisinau authorities to improve legislation in this sector in compliance with the
European Charter of Local Self-Government.
9. On 11 November, Parliament adopted a programme of legislative actions aimed at
addressing Moldova’s obligations and commitments to the CoE as set out in the CoE
Resolution and Recommendations.
10. In the Chisinau Municipality elections held on 27 November 8 candidates ran for mayor.
Due to the low voter turnout (22.21%), the elections were declared invalid and a repeat
round set for 11 December.
11. On 30 November, an EU Border Assistance Mission to Moldova and Ukraine was opened
in Odessa.
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2. Council of Europe action
12. From 2 to 4 November, the first of two awareness-raising seminars for NGOs on
ECtHR issues and the role of civil society in the protection of human rights took place in
Chisinau, in cooperation with the Moldovan NGO, CREDO (JP, CEAD 8088).
13. On 7 November, the SRSG met the Prosecutor General in order to discuss the planning of
a human rights train-the-trainers seminar. (JP, CEAD 6667 and 10011).
14. From 16 to 19 November, a Multilateral Training course for managers of social services
in selected regions of Moldova took place, the last in a series of seminars (JP, CEAD
8414).
15. From 31 October to 4 November, a workshop to identify risks of corruption in relation to
trafficking in human beings took place. Recommendations as to improvements in the
legislation and co-operation between governmental actors and NGOs, were worked out.
(PACO, CEAD 13328).
16. A training session on “Anti-corruption investigative techniques” was organised in Cahul,
on 10 and 11 November following an earlier training the trainers for police and for the
Centre for Combating Economic Crimes and Corruption (CCECC) (PACO CEAD
12292).
17. From 21 to 25 November, a project follow-up formulation mission to the PACO
Programme against corruption and economic crime in Moldova was carried out in
Chisinau (PACO CEAD 13654).
18. A roundtable on “The role of NGOs in combating corruption” was organised on
25 November with the support of PACO and the CCECC.
19. By the end of November, the series of cascade trainings for 100 judges and
100 prosecutors in the fight against corruption was completed, two seminars having been
held each week. (JP, CEAD 7791).
20. On 10 November, the SRSG together with Speaker Lupu, opened the second CoE seminar
on “Principles of co-operation between Civil Society and Public Authorities” organised
by the Information Office of the CoE and the Secretariat.
21. From 29 November to 1 December, a conference on the financing of political parties
and election campaigns took place in cooperation with the Venice Commission and the
CCECC (PACO CEAD 13641). The Chairman of Parliament, Mr Lupu, opened the
conference together with the SRSG.
22. The Office provided administrative and logistical support to a CLRAE delegation visiting
Chisinau from 24 to 28 November to observe the first round of the local elections. The
Congress delegation met with the new president of the Central Electoral Commission, as
well as most of the candidates, representatives of the various parliamentary parties, the
media, the local OSCE mission and local NGOs. They were able to observe the poll in
some 50 polling stations in the capital. The Office organised the delegation’s press
conference.
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23. On 7 November and on 23 November, the SRSG gave interviews to RFE on the election
of new members to the Supreme Council of Magistrates, and on the latest political
evolutions in Moldova and the Transnistrian settlement.
3.
Other action/ coordination and cooperation with partner organisations
24. On 9 November, 13 diplomatic missions, the OSCE and the SRSG issued a Joint
Statement Regarding the Lack of Transparency in Distribution of Broadcast Licences
and Frequencies in Moldova.
25. During the month the SRSG met different high-level interlocutors such as Natali
Sabanadze, Political Adviser to the OSCE High Commissioner for National Minorities, to
discuss interethnic relations in Moldova and the role of teaching of state language and
members of the Supreme Rada of Ukraine, headed by Oleg Graciov.
26. He also attended a conference in Brussels on “Ways of Democratising Transnistria”,
organised by the Czech representation to the EU.
27. On 25 November, the SRSG jointly with OSCE Head of Mission participated in a session
at the Center for Human Rights of RM, on Human Rights in Transnistria.
*
*
*
Activities of the Information Office of the Council of Europe (IOCE)
Publications and Translations:
The IOCE completed translation of selected case law of the European Court of Human Rights
(64 judgments) which will be published in three volumes at the beginning of 2006.
Within the promotional campaign of the 50th anniversary of the European Flag, the IOCE
translated the brochure on the European Flag, and “European Flag: Questions and Answers”.
Seminars, conferences and other activities:
On 8 November, as part of the promotional campaign of the 50th anniversary of the European
Flag, the IOCE provided Moldovan newspapers with articles on “The symbol of Europe” and
“European Flag: questions and answers”. On 16 November, on the occasion of the
50th anniversary of the Flag, the IOCE sent to all press agencies a detailed press release.
On 10-11 November, the IOCE Chisinau organised a seminar on “Principles of co-operation
between Civil Society and Public Administration in Moldova”, as a direct follow-up to a
seminar on “Shaping the public agenda in transition countries - civil society and public
authorities in a participatory democracy”, organised in June at the Parliament. The seminar
brought together Moldovan advocacy and service provider groups, legislative and executive
bodies, major international assistance organisations present on the ground in Moldova,
European experts, and representatives of main Moldovan media.
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On 11 November, the IOCE Director participated in a seminar on “Police and Human Rights”
organised by the Municipal Police Station. CoE materials were distributed to the
100 participants.
On 15-16 November, a seminar for magistrates on Article 10 of the European Convention
on Human Rights – freedom of expression” was held, focusing on application of the
principles laid down in Article 10 in legal procedures concerning defamation, insult, private
life, instigation to hatred, access to information, protection of state sources and secrets. The
30 participants included judges from Chisinau and regions of Moldova and representatives of
the main media.
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Belgrade
1. Political and legislative developments
1. On 21 November the Parliament of the Republic of Serbia adopted the government’s
resolution for negotiations on the status of Kosovo, envisaging readiness for compromise
provided that the territorial integrity of the state is preserved. The President of Serbia,
Tadic, almost at the same time proposed an alternative paper for future talks, based on the
idea of partitioning Kosovo in two sides and calling this resolution a “framework of good
will”. As a sign of possible compromise, the Serbian government issued a decision on the
national team for negotiation, which will be co-chaired by the President and the Prime
Minister of Serbia as well as the Minister of Foreign Affairs of the State Union.
2. Mr Riza Halimi, Mayor of Presevo, South Serbia, lost his position after 12 years
following a local referendum organised on 20 November. The initiative of the referendum
came from a coalition of three Albanian parties accusing the mayor of being too
cooperative towards the Belgrade authorities.
3. A group of neo-Nazis interrupted a student forum at the Novi Sad University, on the
occasion of the international day for the fight against fascism. The incident was followed
by a proposal of the Democratic Party of Vojvodina Hungarians on the need to establish
the autonomy of the Hungarian community in the Province, a proposal which was not
supported by other Hungarian parties. Both events attracted broad media coverage.
4. Serbia and Montenegro began its first round of negotiations on the Stability and
Association Agreement with the European Union on 7 November. Three teams are
involved in the talks, representing the State Union and the two Republics. The state union
team discusses political issues such as the status of minorities and visa regimes, while
the member states negotiators deal with other legislative alignments to European
standards. The next round of negotiations is scheduled on 22 December.
5. The Parliament of Serbia adopted in November the laws on police and on
misdemeanours.
2. Council of Europe action
6. The CoE offices in Belgrade and Podgorica in coordination with the NGOs, AIRE Centre
and CEDEM, organised a seminar on the freedom of expression, the right to respect for
private life and the right to fair trial under the European Convention on Human Rights
(ECHR), on 10-12 November in Milocer, Montenegro (CEAD 13160). Participants were
representatives of the judiciary from Montenegro. Another training seminar on family
law and the ECHR was organised on 17-19 November in Belgrade (CEAD 13161), in
cooperation with the AIRE Centre and Belgrade Centre for Human Rights. Participants
were representatives of the relevant Serbian State institutions and judiciary.
7. Together with the OECD the CoE organised on 18-19 November a regional thematic
seminar on “Anti-corruption Services and the Implementation of Conflict of Interest
Law” (CEAD 10970), in Belgrade. The Seminar was held under the PACO Impact
project. Representatives from all SEE region, as well as Romania and Moldova,
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participated actively. The Minister of Justice of Serbia opened the seminar, which
contributed to a good media coverage of the event.
8. A public debate organised by the CoE and the Ministry for Human and Ethnic Minorities
on “Cooperation with the Hague Tribunal and war crimes trials before national courts”
was organised in Nis, on 18 November. The event is part of a broader CoE project on
facing the past and reconciliation process in Serbia and Montenegro.
9. The SRSG visited the Agency of Local Democracy (LDA) of Subotica (1011 November) and of South Serbia in Nis (25 November), and met with representatives of
local governments, NGOs, and minority groups and participated in events organised by
the hosting LDAs.
10. The Belgrade office hosted a regional meeting of Heads of CoE Offices in SEE, on
28 November. The aim of the meeting was to discuss and exchange views on the current
situation in the region, Offices’ involvement in different key projects and other issues of
common interest.
11. The Belgrade office participated in a meeting of the European Integration Committee of
the Parliament of Serbia, on the latest report of the Government of Serbia about the
implementation of the action plan on European partnership. The meeting was held on
30 November and was chaired by Mr Miroljub Labus, Deputy Prime Minister of Serbia.
3. Other action / coordination and cooperation with partner organisations
12. The CoE Office attended a conference organised by the Centre for Development of Civil
Society on the prevention of interethnic conflicts in Voivodina, in Belgrade. A detailed
monitoring report of inter-ethnic relations in Voivodina was presented to members of the
minority councils, state authorities and representatives of NGOs and media.
13. The Belgrade office presented the CoE expertise on the Draft Law on Associations, at a
round table organised by the Ministry of Public administration and local self-government,
OSCE and CoE, on 4 November in Belgrade.
14. At an International Conference on Conflict Solving and European integration,
organised by Friedrich Naumann Stiftung and Forum for Ethnic Relations in Belgrade on
4-5 November, the CoE office participated in the panel dedicated to the role of the
international community and possible improvement of the cooperation with the region of
Western Balkans.
15. Wilton Park and the Belgrade Fund for Political Excellency in cooperation with the
Ministry of Education of Serbia organised a conference on education of minorities in
Serbia and Montenegro, on 9-11 November in Belgrade.
16. The Belgrade Office together with the OSCE organised a regional Conference on
“Developing Regional Police Training in the Balkans” (CEAD 13554), on 1415 November in Belgrade. The CoE presented its activities in the area of training and
agreed on future co-operation with OSCE.
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17. The Belgrade office gave a lecture on the role of the CoE in the European integration
process to the first postgraduate students of European studies of the University of Novi
Sad, on 25 November.
18. The Belgrade office facilitated and hosted the visit of a “Europa Nostra” delegation to
Belgrade from 27 to 29 November, in the context of “Europa Nostra's” programme for the
protection of cultural heritage in Kosovo.
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Podgorica
1. Political and legislative developments
1. The EU Troika conveyed to the authorities, including representatives of all Parliamentary
parties, on 9 November the following: the Law on Referendum has to conform to
internationally recognised democratic standards, respect for any recommendations from
the relevant international institutions regarding the standards of a possible referendum is
necessary, broad consensus on the rules of the process will ensure that the outcome is
accepted as legitimate and the Montenegrin Government is expected to co-operate fully
with the international community to preserve internal and regional stability in a way
compatible with the continuing progress of Serbia and Montenegro towards the EU.
2. President Mr Filip Vujanovic on 22 November stated that, before he informs the
Parliament about his intention to call for a Referendum on Independence, the authorities
will wait for the Recommendations of the Venice Commission. He also expressed his
readiness to assist their implementation in order that the political dialogue can be realised
in a realistic time frame.
3. According to representatives of the Socialist People’s Party and the People’s Party, both
would accept and respect the Venice Commission Recommendations concerning the
possible organisation of Referendum on the future state status. They also excluded the
possibility for direct negotiation with the ruling coalition on the rules and conditions for
its organisation, preferring mediation of the EU.
4. The Parliament during its Second Regular Sitting on 8 November adopted the Law on
Public Notaries and the Law on Free Access to Information.
5. At its sessions held on 10 and 24 November, the Government approved the Code of
Ethics of Civil Servants and the Law on Territorial Organisation.
6. The Yearly Report of the State Prosecutor Judiciary adopted on 8 November emphasised
concerns about the long investigative procedures, which influence the efficiency of the
criminal justice system. During the first 9 months of this year there have been 12 charges
in cases of organised crime, with 45 persons accused.
2. Council of Europe action
7. A Regional Seminar to promote international cooperation in the field of witness
protection, assembling representatives from Witness Protection Units, prosecutors and
judges from CARPO project areas, including participants from Romania, Slovakia and
Bulgaria, was held on 23 and 24 November. It promoted multilateral and bilateral
agreements, reviewed national legal instruments relevant for co-operation in this field and
enabled exchanges of experience on matters such as the use of modern communication
technologies in witness testimony and witness relocation (CEAD 12005. CARPO).
8. Within the Regional Thematic Seminar on “Anti-corruption Services and the
Implementation of the Conflict of Interests Laws”, the Draft Law on Conflict of Interest
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was appraised. It is hoped this could accelerate the procedure of its adoption in Parliament
(CEAD 9362. PACO Impact).
9. The capacity of the Directorate of the Anti-corruption Initiative was strengthened with
contracting of a Public Relations Officer. Apart from the improved transparency of its
work, this should enhance the monitoring and coordination of implementation of anticorruption measures (PACO Impact).
10. A technical paper for establishment of a System of case management for prosecutorial
services was delivered to the Montenegrin Ministry of Justice. The document aims at
prevention of corruption and will be of help in drafting the Internal Rules of Procedure for
Public Prosecutors. PACO Impact.
11. An Expert meeting on the Law Practice draft Law was organised in co-operation with
the Ministry of Justice and the Bar Association of Montenegro on 23 November, aimed at
improving its level of compliance with European standards and practice. The finalised
expert appraisal should follow in December.
12. A working meeting on “Strengthening of Financial Arrangements for Local SelfGovernment in Montenegro”, organised in co-operation with the Ministry of Finance,
took place on 24 November. It presented the main principles of assignment of revenues
to local authorities. The drafting of an Analysis on the State of Financing of Local SelfGovernment was initiated.
13. Minister of Justice Mr Zeljko Sturanovic paid an official visit to the CoE in Strasbourg on
18 November to discuss current cooperation programmes and future support for reform of
the judiciary and local self-government, including the implementation of newly adopted
legislation.
14. A study visit for representatives of the Prison Administration was conducted from
27 November to 1 December in Vienna, Austria. The transfer of the experiences and good
practices should enhance the prison system in particular as regards re-drafting training
curricula for prison staff and introduction of innovative security measures.
15. The Study on Compatibility of Serbia and Montenegro Legislation and Practice with the
Revised European Social Charter was reprinted and distributed. The second edition will
further assist legislators in amending and harmonising national legislation with the RESC
provisions and the European Committee for Social Rights practice as well as speed up the
process of ratification of the RESC (CEAD 9139).
3. Other action / coordination and cooperation with partner organisations
16. A working meeting to exchange views on the general political context, areas of priority
concern and mutual cooperation was held on 22 November with representatives of the
Belgian Mission to the OSCE in Vienna, the Belgian Mission to Serbia and Montenegro,
the EAR and the EUMM Offices in Podgorica.
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Pristina
1. Political and legislative developments
1. On 21 November Mr M. Ahtisaari, the Special Envoy of the UN SG, came to Kosovo for
a first round of meetings with UNMIK and PISG officials. He also visited Belgrade,
Skopje and Tirana. He declared that he will not put any deadline on the negotiation
process.
2. Prime Minister of Montenegro Milo Djukanovic declared that Republic of Montengro will
not participate directly in negotiations, as this process should be carried out by Belgrade,
Pristina and the international community.
3. The European Commission issued a report on the situation in Kosovo, this time
separately from the report on Serbia and Montenegro. The report mentions some positive
developments, but also stresses shortcomings, i.a democratic deficit, increase of tensions
between political parties.
4. Commenting on the platform of the Serbian President for negotiations, Kosovo PM
Bajram Kosumi assessed that Tadic’s plan does not differ at all from the old Serbian
policy, since it looks at the past, not the future.
5. During November Kosovo was visited by several high-ranking officials: President of
Slovenia J. Drnovsek (OSCE Chair), Prime Minister of Czech Republic J. Paroubek,
Minister of Foreign Affairs of the Russian Federation S.Lavrov, as well as
15 ambassadors of member States of the Organisation of Islamic Countries based in
Belgrade.
6. A resolution was passed on 17 November by the Assembly of Kosovo, through which it
reconfirmed the will of the people to live in an independent and sovereign state. This
Resolution, which states that independence is non-negotiable, represents a political and
juridical basis for the platform of the Negotiation Team.
7. Concerns had been raised by some representatives of the international community about
replacement of the international Ombudsperson by a local one, arguing that it will
significantly weaken the institution and diminish its efficiency.
2. Council of Europe action
8. On 24 November the Head of Office, along with Chairperson of the Reconstruction
Implementation Commission Emma Carmichael, had a meeting with SRSG JessenPetersen. The purpose was to brief him about the process of reconstruction of churches
destroyed in March 2004. The SRSG gave the highest evaluation to the process and the
role played by the CoE. He also stressed the need for further CoE action in this field, but
also, on a wider scale, generally in the field of culture.
9. Subsequently, on 25 November, the Head of Office met with Minister of Culture
Mr Astrit Haraqia, to review the situation concerning reconstruction of churches. The
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Minister promised to solve all existing points of general concern. Possibilities of widening
cooperation in the cultural area were also discussed.
10. The Advisory Group on the Law on courts, in which the Council of Europe is an
observer, held its last meeting. Account was taken of comments submitted by the CoE and
its expert on the draft law under discussion. The same methodology has been used by
UNMIK (Department of Justice) and the office of the Prime Minister to establish an
advisory group on the Law on Prosecutors. The Deputy Head of Office and a CoE expert
contribute and follow the work of the group closely. The work of both groups is to a large
extent based on the report elaborated by CoE and US experts assessing the Kosovo
Judicial System.
11. As a part of the ongoing local government reform in Kosovo the Working Group on
Legislation met to discuss a draft law on Local Self-Government. On 17 November, the
Deputy Head of Office participated in the meeting and presented comments made by the
CoE. Sub-groups on specific issues were established at the meeting and both the office
and secretariat in Strasbourg are directly involved in further elaboration of the law and its
sub-elements (CEAD 9945).
12. The HoO participated in meetings on Standards and European Integration, organised by
UNMIK in Klina and Podujevo Municipalities.
13. The Advisory Office of Good Governance within the Prime Minister’s office has sought
the assistance of the CoE to elaborate and implement a Human Rights Strategy for
Kosovo. In order to assess the drafting process and explore ways for the CoE to contribute
to the process, a CoE human rights expert visited Kosovo and together with the office had
a series of meetings with international and local stakeholders (CEAD 13453).
14. A representative of the office sits on the board of the Kosovo Law Centre as a way to
provide continuing support to local NGOs. At the last couple of meetings the
sustainability of the NGO has been under discussion as it was originally established and
funded by the international community (OSCE).
3. Other action/Coordination and cooperation with partner organisations
15. The Head and Deputy Head of Office attended meetings of working groups on future
arrangements in the areas of human rights, rule of law and good governance, where the
need for the CoE’s more active support in the fields of its competence was stressed by
different international actors. This ensures good coordination within the international
community e.g. OSCE and EU.
4. General Security Situation
16. Four persons were injured on 17 November, when a bomb exploded in Štrpce/Shterpce
multi-ethnic marketplace. The explosive device had been planted in a truck belonging to a
Kosovo Albanian. The blast injured three Kosovo Serbs and one Kosovo Albanian.
17. In a general way, the security situation seems to become more tense – on several
occasions different radical “organisations” issued threatening statements against the
international community, calling them “occupiers”.
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Tirana
1. Political and legislative developments
1. The electricity crisis remained a major issue as the power cuts grew more severe. By the
end of the reporting period, however, the cuts began to ease since the government
managed to import power from external suppliers and hydroelectric power plants were
able to resume some of their previous level of functioning thanks to abundant rainfall.
2. A plenary debate on corruption was held in the Albanian Assembly on 14-15 November
that ended in the approval (without Socialist Party and its allied Social Democratic Party
votes) of a resolution on the fight against corruption. The resolution considers corruption
as a serious threat to national security, as an obstacle to Euro-Atlantic integration
objectives, and as an impediment to the well functioning of business.
3. Following the ODIHR Final Report on Parliamentary Elections, a delegation headed by
ODIHR Director Ambassador Christian Strohal visited Albania on 17-18 November to
discuss the report’s findings and recommendations with Albanian institutions and other
stakeholders. He encouraged the Albanian ownership of the debate on the fundamental
choices faced in further reforming the electoral system and reaffirmed the readiness of the
OSCE to provide technical assistance.
4. On 18 November, a delegation of the Venice Commission met inter alia Mr S. Berisha,
Prime Minister, and Ms J. Topalli, Speaker of the Parliament, in order to discuss a
possible constitutional revision, concerning in particular the reform of the electoral
system, parliamentary immunity and on the office of the prosecutor general.
5. The first Donor Roundtable since the new government came to power was organised on
22 November. Prime Minister Sali Berisha addressed the donor community and laid out
the government’s objectives on the issues of electoral reform and civil registry, land and
property issues, anti-corruption and decentralisation.
6. The government made public its proposed amendments to the law on property restitution
and compensation, which provoked strong negative reactions from the opposition, the
Republican Party and the former owners.
7. On 26 November, the UN special envoy for the talks on the status of Kosovo, Marti
Ahtisaari, visited Tirana. Both President Alfred Moisiu and Prime Minister Sali Berisha
supported the basic formula for negotiations: no partition of Kosovo; no return to its
situation prior to March 1999; no unification with any other State and the guarantee of the
rights of minorities. The Prime Minister reiterated that the status of Kosovo must be
defined in conformity with the will of the citizens, who have repeatedly called for
independence, in co-operation with the Contact Group and the international community,
respecting and defending the rights of the Serbs and other minorities.
8. On 27 November, the government’s Council of Ministers approved its proposal for the
2006 State budget. Total expenditure is estimated at approximately €2.1 billion. The
government plans to double the budgets for education and health, and to reduce the funds
for most other ministries.
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2. Council of Europe action
9. The new Special Adviser of the Council of Europe in Albania took up her post on
14 November 2005. On 23 and 24 November, meetings were organised in Tirana to
introduce the Special Adviser to the Ministry of Foreign Affairs as well as other
authorities and institutions which are the CoE’s main partners in Albania. In particular, a
meeting was organised with Ms Nausica Spahia, Counsellor of the Prime Minister for
Diplomacy, during which priorities of the Government and areas of cooperation were
discussed. In a meeting with the Deputy Minister of Justice Mr Kristo, the reforms
planned by the ministry in different fields were presented. A meeting took place with
Mr Poni, Deputy Minister of Interior, who presented the plans of the government in the
field of decentralisation, local governance and civil registration. A meeting with the
Minister of Education was held during which possible areas of cooperation were
discussed. Other meetings with members of the international community were also held.
10. On 15 November, the 4th (and last) Steering Committee Meeting for the EC/CoE Joint
Programme Albania IV took place in Tirana.
11. A regional seminar to “Promote Regional Cooperation in the Field of Witness Protection
and to Discuss Progress in the Drafting of the Training Manuals in this Field”, was held in
Budva, Montenegro, on 23-24 November under CARPO Project. This forum served as an
opportunity to exchange information, and set some direct channels of communication, in
order to strengthening regional cooperation as well as updating the information regarding
the preparations of the training manuals in the field of witness protection. The Albanian
delegation was composed of two representatives from the Witness Protection Unit from
the Ministry of Interior and of two representatives from the General Prosecutor’s Office.
12. Within the framework of PACO Impact/Pilot Project Activity for Albania, a technical
paper on the finalisation of the case management forms and the recommendations for
further implementation of the case management system was submitted to the Office of
Prosecutor General and to the Working Group.
13. On 22-23 November, the Vice–Governor of the Council of Europe Development Bank
visited Albania.
3.
Other action / coordination and cooperation with partner organisations
14. On 17 November, the Legal and Human Rights Officer attended the International
Consortium full plenary meeting at which the new government of Albania presented its
strategies in the fields of law enforcement and criminal justice. She also participated in a
meeting with EURALIUS representatives in Albania on 22 November.
*
*
*
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Activities of the Information Office of the Council of Europe (IOCE)
Publications and translations:
The IOCE issued reprints of the set of six ECHR Handbooks for judges. It published a short
version of the “Glossary of terms for education for democratic citizenship” and the “Twinning
manual on citizenship sites”.
The IOCE translated the Brochure and Poster “50th Anniversary of the European Flag” and the
two brochures “Council of Europe at a glance” and “Council of Europe – 800 million
Europeans”.
Seminars, conferences and other activities:
On 1-6 November the IOCE participated in the National Book Fair where a variety of CoE
publications were exhibited for visitors. Thousands of people visited the CoE panel and
expressed their interest in the publications.
On 2 November the IOCE Director participated in a meeting with the UN Special Rapporteur
on the Sale of Children, Child Prostitution and Child Pornography, organised by UNICEF with
the participation of stakeholders in the country, in order for the Rapporteur to learn more about
the work of various donors in this thematic area.
On 11 and 12 November, in cooperation with the Project: Adult Education in Albania
(PARSH), and with the support of the Ministry of Education of Albania, Friedrich Ebert
Stiftung and the Institute of Curricula and Standards, the IOCE organised a 1.5 day conference
in the framework of the European Year of Citizenship through Education. It aimed to enable
90 national selected participants to adopt best practices on concepts and knowledge related to
education for democratic citizenship.
On 16 November the IOCE Director participated in a Coordination Meeting on Roma Issues
organised at the OSCE presence together with the main stakeholders in the country dealing with
these issues. The Director provided information on the “Follow up meeting on the
implementation of the Framework Convention for the Protection of National Minorities” and
CoE assistance in this matter.
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Skopje
1. Political and legislative developments
1. On 9 November the European Commission delivered its “Opinion on the application
from “the former Republic of Macedonia” for membership of the European Union”. The
Commission “recommends that the European Council should grant the status of candidate
country”. In his address to the Parliament on the following day, the European
Commissioner for Enlargement, Mr Olli Rehn, praised the achievements so far, such as
the continuous progress in the implementation of the Ohrid Framework Agreement, the
efforts for strengthening the rule of law and the first steps for implementing the reform of
the judiciary and defined the country as “a functional democracy with stable institutions”.
However, the European Commission Opinion stressed the major challenges to progress in
the implementation and enforcement of the legislation in the judiciary, the police, the fight
against corruption and the reform of the electoral process. In conclusion, “the Commission
considers that negotiations for accession to the European Union should be opened with
“the former Yugoslav Republic of Macedonia” once it has reached a sufficient degree of
compliance with the membership criteria”.
2. Secretary General Terry Davis paid an official visit to the country from 11 to
15 November on the occasion of the 10th anniversary of its membership in the Council of
Europe. He held a series of meetings with President Crvenkovski, Prime Minister V.
Bukovski, Deputy Prime Minister Ms Sekerinska and Foreign Minister Mrs Mitreva. In
his meeting with the President, the Secretary General praised the past achievements of the
country and reasserted the readiness of the Council of Europe to help the country meet the
challenges ahead. In his meeting with the political parties and MPs, as well as in an
address to the Parliament, the Secretary General urged “to proceed with the ratification
and the implementation of the Charter on Regional and Minority Languages of the
Council of Europe” and advised “to use the Ohrid Agreement as a scale to reach the
proper balance”. He repeatedly outlined that the forthcoming parliamentary elections are
the critical test for the country and the parties, mostly in the ways the elections will be
conducted. The whole visit was given a positive coverage, in particular on prime-time
news.
3. At the DUI Congress, held on 19 November, Mr Ali Ahmeti was re-elected as party
chairman by 532 votes for and none against for a new four-year mandate. During the
congress, the party leader declared that “the sooner independence of Kosovo and the
building of stable institutions, functional democracy and rule of law” will accelerate the
integration of the region in the EU and NATO.
4. Between 26 and 30 November, two new political parties appeared in the political
landscape. On 25 November, Mrs Liljana Popovska, former member of the ruling Liberal
Democratic Party officially launched a new centrist party, called Democratic
Reconstruction of Macedonia (DOM). The basic priorities of DOM are the rule of law
and fight against poverty. On 30 November, the founding assembly of the New Social
Democratic Party took place. The party was formed by Mr Tito Petkovski, a prominent
member of the ruling SDSM Party and former Speaker of the Parliament. He advocated a
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fair and democratic political process, as well as a European prospect for the country.
Earlier this month, the two leaders resigned from their respective parties.
5. The United Nations Special Envoy on Kosovo future status talks, Mr Marti Ahtisaari,
paid a visit to Skopje on 27 November, as part of a series of visits to the countries of the
region. He held meetings with the highest authorities of the country, along with the
leaders of the Albanian political parties. Mr Marti Ahtisaari stated that the country can
serve as a good example for resolving the multiethnic problems. Earlier, the Albanian
party PDP submitted to the Parliament a draft resolution in support of independence of
Kosovo.
2. Council of Europe action
6. Mr Krzysztof Ners, Vice-Governor of the Council of Europe Development Bank was in
Skopje on 25 November for the signing of an agreement on a loan of 10 millions euros.
The project is meant to create sustainable jobs in small and medium size enterprises below
fifty employees.
7. The First “Speaking Day” on Social Security, within the framework of the Joint
Programme between the CoE and the EC, between Belgrade and Skopje took place on 7
and 8 November in Belgrade. The representatives of the two countries met together to
solve pending cases and exchange information. Most of the 64 cases on pension and
health rights were solved.
8. The Regional Team Manager of the CARDS Social Institutions Support Programme
started a one-week regional round trip on 24 November. The main purpose was to discuss
with the authorities the second year of implementation of the programme and the
preparation of the regional Ministerial Conference on Social Security, due to take place in
Zagreb in March 2006.
9. The MOLI-MK Adviser took part in a working meeting on 15 and 16 November with
representatives of the Insurance Supervisory Unit within the Ministry of Finance with the
participation of two Polish experts of the Ministry of Finance. The experts focused on the
finalisation of a manual related to on-site inspections in the banking and the insurance
sectors. Prior to the meeting, the MOLI-MK Project, together with the Money Laundering
Prevention Directorate, had organised a study visit to Germany.
10. On 16 November, the Resident Expert and the Information Office of the Council of
Europe, as well as the Team of the CARDS Social Institutions Support Programme
conducted a seminar on the Council of Europe, its principles and activities at the
invitation of the Department of Journalism of the Skopje Faculty of Law.
11. The Resident Expert was officially invited to attend the wrapping-up meeting of the
Working Group on Election Legislation on 17 November. In its plenary session, this
body, established by the Ministry of Justice, consists of representatives of all the political
parties present in the Parliament along with experts to work out amendments on the
current legislation in order to meet the recommendations jointly made by the Council of
Europe and OSCE/ODIHR during the last local elections. The Minister officially
presented the draft Electoral Code and confirmed that the text will be immediately sent to
the Venice Commission for expertise.
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12. A mission consisting of two Council of Europe experts on prisons carried out a visit
throughout the country in the period 21-25 November in order to assess the situation in
the prisons. They visited several detention facilities and the main prisons of the country in
close cooperation with the Ministry of Justice. The conclusions of this mission regarding
the construction, the training of the staff and the management are due to be the basis for a
future joint programme with the European Union for the reform of the penitentiary
system.
3. Other action/coordination and cooperation with partner organisations
13. Between 16 and 25 November, the Resident Expert held several meetings with the OSCE
officers in charge of the rule of law, education and public administration reform, in order
to identify ways for further cooperation in the fields of legislative expertise and
assessment of joint actions on strengthening multiculturalism among pupils. Contacts
were also extended with the UNICEF Representative in order to discuss cooperation in
the area of youth.
14. On 21 November, the Resident Expert took part in a Coordination Meeting for support to
the reform of the judiciary upon invitation of the Minister of Justice. This meeting
gathered officials of the Ministry of Justice and the international community to monitor
the development of the reform. For the first time, the meeting was organised at the
initiative of the Minister of Justice who came up with an overview on the existing
legislation and the forthcoming drafts. The Minister officially presented the government’s
draft constitutional amendments on the judiciary, due to be tabled with the Parliament on
24 November.
15. The Resident Expert addressed participants at the opening of a workshop organised by the
Foundation Friedrich Neumann on the “Reform of the Judiciary: Efficient Judiciary
Service to the Citizens”. Mr B. Davitkovski, deputy member of the Venice Commission,
was among the guest speakers.
*
*
*
Activities of the Information Office of the Council of Europe (IOCE)
Publications and translations:
The Information Office translated and published the brochure the Council of Europe at a
glance. It also translated and distributed the Action Plan of the Warsaw Summit and republished the brochure 800 million Europeans.
In the context of the visit of the Secretary General, the Information Office distributed around
200 Info Packs to MPs, which included copies of the European Convention on Human Rights,
notebooks and pens.
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Seminars, conferences and other activities:
The Information Office organised meetings and provided logistical support for a mission of
Council of Europe experts to seven prisons throughout the country for the purpose of
assessing needs and identifying sectors for improvement.
As one of the outcomes of the Third Summit was violence against children, the Information
Office in Skopje in cooperation with Channel 5 TV (national broadcaster) translated the
Council of Europe video kit “Children and Violence”. The full video kit was broadcasted as a
documentary on Channel 5 TV. This broadcast had an important effect in initiating
discussions on the same subject in other electronic media.