Council of Europe meeting in 2022. © Council of Europe
This article aims to address, if not only the history of Kosovo’s journey towards what is considered the closest point we had as a state to becoming part of this council, which is considered as one of the most important organizations of and in the European Union, up to what we will try to underline and emphasize the most, which is: what a state like Kosovo and its citizens have lost in principle and in practice from this “failed opportunity” for membership once and for all. It goes beyond the discourse of how glad the Serbian state and its leaders are with this failure of Kosovo and who was to blame for what in this epilogue.
Let’s start with the essence of what we are trying to address: what is the Council of Europe, and since it is important, what specifically is it for and what is its purpose?
Since its establishment in 1949, the Council of Europe has been standing as the oldest political organization in Europe for 75 years. Its charter states its mission as an international organization for human rights, the rule of law, and the prevalence of democracy.
Why was it founded in the first place, one would ask? Its primary aim was to put an end to hostilities among European states following the two world wars of the previous century. A state does not have to be a member of the EU to become part of the Council of Europe, just as membership in this organization does not guarantee and should not be seen as a promise of EU membership in the near future. As a result, there are many countries that are members of the Council of Europe but not members of the EU. To be more specific, out of 46 member states in the CoE, only 28 are part of the EU.
“The organization safeguards freedom of expression and media, freedom of organization, equality, and the protection of minorities. It has campaigned on issues such as child protection, online hate speech, and the rights of the Roma, who make up Europe’s largest minority. The Council assists member states in fighting corruption and terrorism, as well as undertaking necessary law and order reforms. Under its umbrella is the Venice Commission, a group of constitutional experts that provides advice in this area to countries around the world.
The Council of Europe promotes human rights through international conventions, such as the Convention on Preventing and Combating Violence Against Women and Domestic Violence and the Convention on Cybercrime. It monitors member states’ progress in these areas and makes recommendations through independent monitoring expert bodies. The member states of the Council of Europe do not implement the death penalty,” according to their official website.
This all sounds pretty cool, doesn’t it? If Kosovo were to become a member of the Council of Europe, it would address numerous pertinent issues that are among the most challenging topics in the region. Given the tense relations with Serbia, the neighboring country, and Serbia’s long-standing membership in the Council of Europe, Kosovo could approach the Banjska case, the discriminatory and institutionally negligent treatment of minority communities in Kosovo, and numerous other crucial issues for its citizens, particularly the stability of regional security, in a significantly different manner than it currently does.
Slowly, we will get to the question, “Where did we go wrong and fail to join? What happened? Where did we miss it?” Firstly, the question naturally arises: what indications led us to believe that we had realistic chances and opportunities to become members in May of this year? The statements and communiqués issued by the officials of the member states of the Council of Europe, particularly those of Germany, clearly expressed their full support for Kosovo’s application for membership in this organization, while France clearly expressed hesitation about a possible membership in Kosovo. However, it’s important to note that the state of Kosovo initiated the application, and the greatest optimism and enthusiasm emerged following Russia’s exclusion from this organization, a consequence of its invasion of Ukraine. The exclusion of Russia allowed 2/3 of the Council of Europe member states to recognize Kosovo’s citizenship. Serbia, upon hearing Germany’s open support for this application, threatened that if Kosovo managed to become a member, it would voluntarily leave this organization on its own.
What would happen in a scenario where Kosovo would have managed to join the Council of Europe? As hypothetical as the question may be, it also raises questions about the feasibility of achieving such a goal, particularly in light of the evidence that Kosovo has failed to achieve it. However, one thing is certain and guaranteed: Kosovo would gain significant benefits from such a membership. These benefits would manifest in the political sphere, particularly the external one, where Kosovo would undoubtedly be perceived as somewhat more equal to Serbia at the dialogue table. The opening of avenues in the economic sphere would also contribute to international inclusion and subjectivity, without neglecting the legal dimension. In this legal aspect, Kosovo would have the ability to protect its citizens both inside and outside the country, and its citizens could seek recourse from the European Court of Human Rights if they believed their rights had been violated by the institutions of this state or any other member state of the Council of Europe.
Where did we go wrong, and what did we (not) do so that we failed to join the CoE?
We did not send the draft for establishing the association of municipalities with a Serbian majority to the Constitutional Court. Yes. Every day, every step, every attempt, and every moment in between, an international envoy arrives and verbally and in every other way conveys the same message, such as “advancing the dialogue with Serbia is crucial for Kosovo’s advancement in any EU-related enterprise.” The institutional heads were expected to forward the EU-proposed draft to the sole body mandated by Kosovo’s constitution for evaluation, but they failed to do so. What did they do instead? The Minister of Foreign Affairs sent a letter a few hours before the vote on Kosovo’s membership, in which she said that on a certain day they would send to the Constitutional Court a draft of the association compiled by the German foundation Friedrich Ebert Stiftung in Kosovo. The President of Kosovo, who happened to be in the USA during this time, stated that she was not aware of this letter, and she blamed the Foreign Minister for not notifying or consulting her. In other words, joking around. And why, would you say, did Kosovo’s leaders show so much resistance to sending the draft to the Constitutional Court? Firstly, they are fundamentally opposed to its establishment. Secondly, even if they were not against an association with executive powers, their government lacks trust in the Constitutional Court. As a result, they consistently hesitate to entrust such a critical decision-making process to this body, such as reviewing the draft of an association of municipalities with a Serbian majority. As you might expect, Kosovo ultimately failed to gain membership in the Council of Europe, at least for the time being. Among other things, and perhaps above all, this should be seen as a very good missed opportunity for the ethnic communities that face challenges on a daily basis in Kosovo and that otherwise would have had the opportunity to look up to the organs this organization offers to supporting their fundamental rights to live and to be treated with dignity as well as equality.
Writes: Hanmie Lohaj
