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On Tuesday (16 April) the Parliamentary Assembly of Council of Europe (PACE) overwhelmingly passed a report recommending Kosovo membership, with even representatives from non-recognising states voting in support.
The application, unprecedented as not all members of CoE recognise Kosovo’s independence, was approved with 131 votes in favour, 29 against, and 11 abstentions following three hours of debate and over 65 interventions. Of the 29 votes against Kosovo’s membership in the Council of Europe, eight were deputies of Spain. Seven votes against were from Serbia and four from Hungary. Cyprus, Bosnia, France each had two votes against. The majority of MPs from Greece, which does not recognize Kosovo, voted in favor, only one voted against. The representatives of Germany, Italy and Montenegro also had one vote against it.
In March, the Committee on Political Affairs and Democracy of the Parliamentary Assembly of the Council of Europe recommended that Kosovo be invited to be a member, based on a statutory report by former Greek Foreign Minister Dora Bakoyannis.
The report found that Kosovo is “broadly in line with the Council of Europe standards and that its Constitution is a very progressive instrument” and is aligned with various international conventions and human rights charters.
It also noted that “membership would strengthen human rights standards by ensuring access to the European Court of Human Rights for all those under Kosovo’s jurisdiction”.
The final membership decision now lies with the CoE’s Committee of Ministers, the organisation’s executive body. The next meeting of the Committee of Ministers is scheduled for 16 and 17 May, though its agenda has not been announced yet. For Pristina’s membership to be approved, a two-thirds majority is required.
Kosovo’s Prime Minister Albin Kurti said after the vote: “With Kosovo there, the Council of Europe gains a new and vibrant democracy, where the law rules and human rights are respected. Thanks to everyone. Congratulations to everyone”.
Serbia’s main position of argument was that admitting Kosovo to the CoE would rubber stamp claims of human rights violations against Serbs and would be considered a step towards recognising its sovereignty.
Serbian representative Biljana Pantić Pilja called rapporteur Bakoyannis a “hypocrite”, adding, that Serbia was “a small nation but will never surrender.”
Several speakers noted how accepting Kosovo would allow the monitoring and bolstering of human rights, particularly relating to concerns over the Serb minority.
Comments: The positive recommendation comes after a series of sharp criticisms against the report of Dora Bakoyannis on Kosovo’s membership in the Council of Europe Parliamentary Assembly, mostly from countries that do not recognize Kosovo. MPs from Serbia submitted 10 amendments, which were rejected. MPs from Italy and Hungary also submitted two amendments which stressed the need for substantial progress in the establishment of the Association of Serb-majority municipalities as a precondition for Kosovo’s membership. These amendments were also voted down.
After the vote, Kosovo’s Prime Minister Albin Kurti sad: “Since 1951, the Committee of Ministers has not taken a decision different from the Opinion of the Parliamentary Assembly of the Council of Europe; we believe that the next phase will also be completed successfully”.
Kosovo’s membership would lead to the strengthening of human rights standards by ensuring access to the European Court of Human Rights for all those who are under Kosovo’s jurisdiction.
Membership would also help the country to “address outstanding challenges and matters of concern”, including the gap between normative standards and their effective implementation, the need to better protect the rights of non-majority communities, and fostering a climate conducive to trust, reconciliation and inclusion.
The PACE vote was an example for strong Western coordination and achievement of real results. Getting CoE membership talks to this stage is a clear win and a slap in the face for the tandem Vucic-Putin.
