Monday, 26 July 2010

Sixth Extraordinary Session of the National Assembly of the Republic of Serbia in 2010

At the request of the Government of the Republic of Serbia, the Speaker of the National Assembly of the Republic of Serbia, Prof. Dr Slavica Djukic-Dejanovic, convened the Sixth Extraordinary Session of the National Assembly of the Republic of Serbia in 2010, for Monday, 26 July 2010, starting at 12 p. m.



At the request of the Government of the Republic of Serbia, the Speaker of the National Assembly of the Republic of Serbia, Prof. Dr Slavica Djukic-Dejanovic, convened the Sixth Extraordinary Session of the National Assembly of the Republic of Serbia in 2010, for Monday, 26 July 2010, starting at 12 p.m.

The request to hold the extraordinary session specified the following agenda:

1. The Proposal of the Decision of the National Assembly on the Ruling of the International Court of Justice on the Legality of the Unilaterally Declared Independence by the Provisional Institutions of Kosovo-Metohija and the Continuation of the Activities of the Republic of Serbia in the Defense of the Sovereignty and Territorial Integrity of the Republic of Serbia, submitted by the Government.

The Session was attended by the President of the Republic of Serbia Boris Tadic; Prime Minister Mirko Cvetkovic; Deputy Prime Ministers Ivica Dacic, Jovan Krkobabic, Sulejman Ugljanin and Bozidar Djelic; Government Ministers Snezana Malovic, Sasa Dragin, Petar Skundric, Slobodan Milosavljevic, Zarko Obradovic, Tomica Milosavljevic, Bogoljub Sijakovic, Srdjan Sreckovic, Vuk Jeremic, Svetozar Ciplic, Rasim Ljajic, Goran Bogdanovic, Diana Dragutinovic and Dragan Sutanovac, as well as the head of the legal team of the Republic of Serbia at the International Court of Justice in the Hague Dusan Batakovic.

After the National Assembly Speaker had opened the unified debate on the Decision Proposal, Dusan Batakovic submitted a Report to the National Assembly on the behalf of the legal team of the Republic of Serbia at the International Court of Justice in the Hague, on the court’s advisory opinion. Addressing the National Assembly he stated that on 22 July the International Court of Justice delivered an advisory opinion according to which the unilaterally declaration of Kosovo independence did not violate general international law. He said that the court treated the issue of declaration as a legal instrument, and not the issue of the right to secession and the consequences of such an act. Batakovic believes that the essential part of the questions has been returned to the United Nations General Assembly, that this outcome represents a legal failure for Serbia, but that it has not “closed the door” to the Republic of Serbia’s further political and diplomatic activities in the effort to preserve its sovereignty and territorial integrity. The legal team of the Republic of Serbia is of the opinion that the unilaterally declared Kosovo independence is not in accordance with international law for the following reasons: the general principle of territorial integrity forbids secession of a part of the territory of a state without its consent as Resolution 1244 guarantees the Republic of Serbia’s territorial integrity and can be altered or suspended only by the decision of the UN Security Council and because the unilateral declaration of independence has undermined the negotiations aimed at determining the status of Kosovo-Metohija. He reminded all present that the proceedings before the International Court of Justice were important for Serbia as they had stopped the wave of recognitions of Kosovo independence.

The deputies were then addressed by Minister of Foreign Affairs Vuk Jeremic who stressed that at the time of the unilateral declaration of Kosovo independence the Republic of Serbia had chosen to oppose the unilateral declaration of the secession by legal, political and diplomatic means. He believes that diplomatic activity in the upcoming period will continue to be directed towards halting further recognitions of Kosovo independence, adding that Serbia still maintains the position that the unilateral declaration of Kosovo independence has violated international law. He evaluated the current situation in the international community concerning the ruling of the International Court of Justice, as difficult for Serbia’s position, adding that 55 states are on the brink of recognising Kosovo independence. He stated that the Government is doing all in its power to reduce that number as much as possible. Presenting the Decision Proposal, Minister Jeremic stressed that the Government proposes a confirmation of the former policy of preservation of the country’s sovereignty and territorial integrity. Its adoption would confirm the position that peaceful means should result in a lasting, sustainable and mutually acceptable solution for Kosovo-Metohija, a historic reconciliation of the Serbian and Albanian people and peace and stability in the region.

After the completion of the opening addresses, the National Assembly was addressed by the heads and authorised representatives of the Deputy Groups.

Head of the Liberal-Democratic Party Deputy Group Cedomir Jovanovic stressed that this deputy Group at the National Assembly will not endorse the Proposal of the Decision of the National Assembly on the Ruling of the International Court of Justice on the Legality of the Unilaterally Declared Independence by the Provisional Institutions of Kosovo-Metohija and the Continuation of the Activities of the Republic of Serbia in the Defense of the Sovereignty and Territorial Integrity of the Republic of Serbia. He deemed this Proposal a continuation of a faulty policy adding that the responsibility for the current situation in the country as regards Kosovo-Metohija exceeds the reach of one generation and the scope of one policy. He believes that this is not the first defeat of Serbian society and said that they wish it would be the first that Serbia learns something from. He called upon the government to define priorities that would enable the democratisation and modernisation of Serbia, economic development and partnership with the world which understands Serbia’s specific interests which should not be forgotten.

Slobodan Samardzic authorised representative of the Democratic Party of Serbia-Vojislav Kostunica Deputy Group believes that the defeat suffered by the state at the International Court of Justice is not only legal, but political as well. He criticised the fact that no National Assembly sessions were convened to debate the Kosovo-Metohija policy, asking why the deputies had not been consulted when the policy was designed. He stated that the initiative to request the opinion of the International Court of Justice had not been discussed at the National Assembly either. He also criticised the Government’s Kosovo-Metohija policy talking about the real problems of the people who live at the territory, as well as the reduced budgets for the area in the past two years. He believes that the Government’s proposal to forward a resolution on Kosovo-Metohija to the UN General Assembly is a “suicide mission” adding that the UN General Assembly cannot be expected to deliver a different ruling that the International Court of Justice. He deemed this proposal a bad estimate. He said that charges should be brought against the countries which had recognised the unilaterally declared Kosovo independence, after which the National Assembly should discuss the issue thus actively pursuing the country’s policy.

Deputy head of the Socialist Party of Serbia – United Serbia Deputy Group Dragan Markovic – Palma said that the opinion of the International Court of Justice is neither a defeat not a win for Serbia as the Serbian Government had not scored any “own goals” in the case of Kosovo-Metohija. He believes that Serbia did what was in its power adding that for the first time since the year 2000 Serbia had requested something from the UN General Assembly and seen it accepted. He believes that a continuation of the policy that has given results should be accepted.

Head of the Forward Serbia Deputy Group Tomislav Nikolic said that today was the day when responsible people should tender their resignations so that Serbia could move forward. He also added that today was not the time for arguments, but stressed that he would have liked it if the Prime Minister had requested a National Assembly session to discuss the Government’s work so far and not the ruling of the International Court of Justice. He deemed that by the Decision Proposal the Government proposes an endorsement of what it has been doing so far, adding that only those who depend on the Government could endorse such a decision. He said that the Forward Serbia Deputy Group had submitted amendments to the Decision Proposal and noted that 180-190 votes are needed to adopt something that would be sent into the world. He also added that consultation should have been held before the National Assembly session so as to commence the session with a joint position and called upon the authorities not to argue with the whole world.

Suzana Grubjesic, head of the G17 Plus Deputy Group stressed that the Deputy Group would endorse the Proposal of the Decision of the National Assembly on the Ruling of the International Court of Justice on the Legality of the Unilaterally Declared Independence by the Provisional Institutions of Kosovo-Metohija and the Continuation of the Activities of the Republic of Serbia in the Defense of the Sovereignty and Territorial Integrity of the Republic of Serbia, submitted by the Government. She added that in the search for a compromise solution by which Serbia does not recognise the independence of Kosovo-Metohija, Serbia needs both the European Union and the USA as allies. She believes that only through cooperation and partnership with the EU can Serbia reach better results in the interest of the Serbs living in Kosovo-Metohija. She deemed that the International Court of Justice did not enter into solving two key questions viz.: which is stronger – a people’s right to self-determination or the state’s right to defend its integrity. She also added that the court’s opinion can be an encouragement for those fighting for secession. She stated that Serbia should not give up seeking for an acceptable solution and opined that, aware of its position and in accordance with its EU strivings, the National Assembly should support the Government in submitting a resolution at the UN.

Dragan Todorovic, head of the Serbian Radical Party Deputy Group commenced his address to the National Assembly by objecting to the manner in which the Decision Proposal was forwarded into assembly procedure. He stated that the Serbian Radical Party Deputy Group had submitted several amendments they believe can greatly improve the text of the proposed decision. He said that the Government’s Decision Proposal makes no mention of Resolution 1244, so the Deputy Group submitted amendments to rectify it. He also added that the Serbian Radical Party believes that, at the moment, cooperation should be strengthened with Russia, China, India and other states in the position not to have to yield to US pressure. In addition, all potential for cooperation and joining the OBKP should be examined as it is an organisation recognised by the UN and one which guarantees collective security. He deemed that the US wants to seize Kosovo-Metohija from Serbia and in view of this stated that an occupation of a part of Serbian territory by the NATO pact should be declared. He also stated that the new resolution that Serbia is to forward to the UN General Assembly should request adherence to resolution 1244, as well as request that the EULEX mission leave Kosovo-Metohija.

Nada Kolundzija, head of the For European Serbia Deputy Group said that the Decision Proposal contains nothing unacceptable and supports the Government in its continued struggle before international institutions. She invited all the deputies to endorse the Decision Proposal as an endorsement by the opposition parties would make the argumentation before the international institutions stronger. She added that the state policy towards Kosovo-Metohija stems from the Constitution, as well as the Government’s policy which continues the fight for the country’s integrity by all political, legal and diplomatic means at its disposal. She restated that Serbia would neither give up the fight for Kosovo, nor European integrations declaring the argumentation for bringing charges against the countries that had recognised Kosovo independence flawed and faulty and adding that it would endanger the European integration process which is the country’s strategic goal and its citizens’ aspiration. Kolundzija believes that a continued struggle means that Serbia would not give up its legitimate rights regarding Kosovo-Metohija.

The deputies were also addressed by Deputy Prime Minister and Minister of Interior Ivica Dacic. In his address he deemed that the ruling of the International Court of Justice was grounded in a faulty interpretation of Resolution 1244. The resolution guarantees the territorial integrity of SRY and offers no grounds for the declaration of Kosovo independence. He stated that the International Court of Justice was not governed by the strength of arguments when delivering its opinion and added that Serbia should continue the fight based on the position that its sovereignty and territorial integrity have been violated. He also believes that the UN General Assembly should be addressed, but that this should not represent the end of the policy toward Kosovo. He deemed that the issue of Kosovo-Metohija exceeds the issue of government and the opposition, that the Kosovo issue is not a Kosovo issue but the issue of Serbia and its future.

Deputy Dragan Sormaz deemed that the last twenty years of struggle for Kosovo-Metohija are actually two decades of lost battles. He believes that we can enter future battles only if we start working. A UN General Assembly will be held in September and the Government should take responsibility. After it, new parliamentary elections should be called and a new government should be elected, one which would try to suffer fewer defeats in its efforts on the behalf of Serbia and its citizens, said Sormaz.

Head of the New Serbia Deputy Group Velimir Ilic opined that the Government is not united regarding the Decision Proposal discussed today at the National Assembly. He deemed that Resolution 1244 should be obeyed, however the International Court of Justice does not respect the Resolution. He believes that, as a moral act, the Minister of Foreign Affairs should resign. He also objected to the manner in which today’s National Assembly session was convened and criticised the results and the composition of the state’s legal team which represented Serbia before the International Court of Justice in the Hague.

Head of the Minorities Deputy Group Balint Pasztor stressed that the Alliance of Vojvodina Hungarians and the Vojvodina Hungarians will be neither the party nor the nation in Serbia which would prevent the Government from addressing the UN General Assembly. He announced the AVM’s support of the Decision Proposal and the efforts to resolve the still unresolved issues peacefully and diplomatically. He stated that the Government should pursue a policy in the interest of all the citizens and that the European integration process should not be endangered, nor should we enter in confrontation with other countries of the world. He added that the AVM respects the Constitution, sovereignty and territorial integrity of Serbia. He deemed the text of the decision proposal much more acceptable and better compared to the previous resolutions adopted by the National Assembly. Pasztor also added that all the Governments from 2000 to date have put in superhuman efforts to return Kosovo-Metohija under the sovereignty of the Republic of Serbia.

Head of the Party of United Pensioners Deputy Group Momo Colakovic said that the International Court of Justice did not take into consideration all the facts provided by Serbia when delivering its advisory opinion. PUPS Deputy Group supports the policy of a peaceful solution to the problem, based on the Constitution. PUPS deems the Decision Proposal submitted by the Government acceptable and believes that only by continuing the fight in the UN can Serbia’s interests be realised. He called upon all the deputy groups at the National Assembly to unite on the issue of preserving Kosovo-Metohija and announced that his Deputy Group would endorse the Government’s Decision Proposal on Voting Day.

After recess, in the continuation of the National Assembly’s unified discussion on the only item on the agenda, the following deputies took part: Djordje Milicevic, Riza Halimi, Vlajko Senic, Aleksandra Jankovic, Nenad Canak, Dragan Todorovic, Milos Aligrudic, Tomislav Nikolic, Cedomir Jovanovic, Vesna Pesic, Stojanka Petkovic, Bozidar Delic, Dragoljub Micunovic, Sreto Peric, Smiljana Milisavljevic, Miroslav Markicevic, Srdjan Milivojevic, Zoran Ostojic, Vlatko Ratkovic, Zoran Nikolic, Srdjan Mikovic, Boris Aleksic, Milan Stanimirovic, Natasa Vuckovic, Jovan Palallic, Bosko Ristic, Nemanja Sarovic, Gordana Comic, Janko Veselinovic, Dejan Mirovic, Jelena Trivan, Zoran Krasic and Branko Ruzic, as well as ministers Zarko Obradovic, Ivica Dacic, Vuk Jeremic and Goran Bogdanovic.

In the course of the unified discussion, Minister of Foreign Affairs Vuk Jeremic informed the National Assembly that the Government of the Republic of Serbia had accepted the three amendments submitted to the Decision Proposal by the Forward Serbia Deputy Group which alter article 6 of the Decision preamble, the Decision title and remove item 1 of the decision.

When the list of speakers no longer had any requests for the floor, the National Assembly was addressed by the President of the Republic of Serbia Boris Tadic. In his address President Tadic noted that the discussion conducted by the National Assembly today was for the most part constructive and opened the possibilities for dialogue among different groups on an important and painful topic such as Kosovo-Metohija. The President added that the Serbian Parliament has been discussing the issue of Kosovo-Metohija for the last 50 years and no solution has been found from 1968 to date. Kosovo-Metohija is an extremely important issue and at this time, at this point in existence, we must find a solution, concluded President Tadic. He deemed it important to pursue an active policy, a policy of Serbia’s legitimate national interest and deprive Serbia of the national conflicts it has been immersed in. It is important to pursue a policy that would draw Serbia not only out of conflict with the neighbours, but out of conflict with great powers as any other policy will lead Serbia into disaster said the President. The President believes that bringing charges against the countries that have recognised the independence of Kosovo would not yield results and stressed that requesting the advisory opinion of the International Court of Justice was a more apt solution, adding that the Kosovo-Metohija issue has been transferred from the political into the legal sphere. He stated that now it is obvious that this was not successful either and said that Serbia has suffered a heavy blow. He stated that the advisory opinion of the International Court of Justice cannot be denied or denigrated but that the decision should be analysed very carefully. He repeated that Serbia will never recognise the independence of Kosovo-Metohija and that it is ready to continue negotiations on the status of Kosovo-Metohija. He sent a message to both the Serbs and Albanians in Kosovo that Serbia is not giving up its legitimate interests in Kosovo-Metohija, that it shall not wage war, but find a solution through the policy of peace. The President added that Serbia is in a very difficult situation today because without an active policy and the European integration process, or the cooperation with Russia and China it cannot defend its integrity in Kosovo. Therefore Serbia must continue to propose a resolution at the UN General Assembly which would be endorsed by great powers. The opinion of the International Court of Justice has political consequences and can cause instability in the Balkans, it is an “errant stone” that can cause problems in many countries in the world and it therefore draws the attention of the international community. That is why Serbia should prove itself in the UN as a factor of stability and peace which is pursuing a planned policy, because there is no better alternative, concluded President Tadic.

Having concluded the unified discussion, National Assembly Speaker Prof. Dr Slavica Djukic-Dejanovic set Monday, 26 July 2010, as Voting Day on the only item on the agenda for the Sixth Extraordinary Session of the National Assembly in 2010, starting at 11.35 p.m.

The National Assembly adopted the Proposal of the Decision on the Continuation of the Activities of the Republic of Serbia in the Defense of the Sovereignty and Territorial Integrity of the Republic of Serbia, by 192 votes.

Since the National Assembly had completed the discussion on the only item on the agenda and ruled on it, the National Assembly Speaker concluded the Sixth Extraordinary Session of the National Assembly of the Republic of Serbia in 2010.



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friday, 29 march
  • 9.00 - the National Assembly Speaker meets with the Head of the EU Delegation to Serbia (National Assembly House, 13 Nikola Pasic Square, Speaker’s Cabinet)

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