9 The EU and the former Yugoslav Republic
of Macedonia
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| Council Common Position extending and amending Common Position 2004/133/CFSP on restrictive measures against extremists in the former Yugoslav Republic of Macedonia
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| Legal base | Article 15 EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 23 January 2009
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| Previous Committee Report | None; but see (30149) HC 19-i (2008-09), chapter 3 (10 December 2008)
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| To be discussed in Council | 10 February 2009 Economic and Finance Council
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
9.1 The Ohrid Framework Agreement is the peace agreement, brokered
by NATO, which brought an end to the internal conflict in 2001.
9.2 On 10 February 2004, the Council adopted Common
Position 2004/133/CFSP imposing a 12-month travel ban against
extremists in the Republic of Macedonia. An amended list was subsequently
renewed by the Council on 8 February 2008 in Common Position 2008/104/CFSP.
The travel ban targets individuals who actively promote or take
part in violent extremist activities challenging the Ohrid Framework
Agreement's basic principles of stability, territorial integrity
and the unitary and multi-ethnic character of the Republic of
Macedonia.
9.3 The ban also applies to those who deliberately,
repeatedly and illegitimately undermine and obstruct the concrete
implementation of the Ohrid Framework Agreement by actions outside
the democratic process. The ban does not apply to individuals
acting legitimately — for example by exercising their democratic
right to criticise the Agreement in a speech or by voting against
Ohrid Framework Agreement legislation in Parliament.
9.4 This draft extends Common Position 2004/133/CFSP
for a further 5 months and amends it by removing some of the names
on the present list.
The Government's view
9.5 In her Explanatory Memorandum of 23 January 2009,
the Minister for Europe at the Foreign and Commonwealth Office
(Caroline Flint) explains that the names now removed are "those
individuals who are not Macedonian nationals, as they are no longer
believed to pose a threat to the Ohrid Framework Agreement",
and that the names remaining on the list reflect consultations
between EU Heads of Mission in Macedonia and the EU Special Representative.
9.6 The Minister says that the Government supports
this draft Common Position, which "sends a message that the
EU does not tolerate violent extremist or other illegitimate activity
in Macedonia". She recalls that it was introduced to tackle
extremist challenges to the Ohrid Framework Agreement's basic
principles, which "set the framework for improving the rights
of the ethnic Albanian minority (approximately 25% of the population)
and is of central importance to Macedonia's successful transition
into a stable, multi-ethnic democracy." Implementation of
the Agreement is "a key condition for Macedonia's EU and
NATO accession." She continues thus
"As Macedonia has made more progress in implementing
the Agreement and has moved further along its path to EU accession,
the Ohrid Framework Agreement has become more securely embedded.
This has allowed the list of individuals covered by this measure
to be revised downwards. In the light of this progress, the most
recent extension is proposed to run for only a further 5 months,
allowing a full and timely evaluation of this measure and whether
it continues to be needed later in the year."
Conclusion
9.7 The Minister does not explain who the remaining
individuals are, nor what they have done that merits their continued
inclusion on the list. Nor why the extension is for this short
and rather odd period. Nor when the evaluation is to take place.
9.8 With all this in mind, we recall that paragraph
8 of the Conclusions and Recommendations of the 5 November 2008
Commission Communication "Enlargement Strategy and Main Challenges
2008-2009" says "The former Yugoslav Republic of Macedonia
needs to ensure the holding of free and fair elections, to improve
the dialogue between major political parties and actors, and to
fulfil outstanding key partnership priorities. The Commission
will continue to monitor closely progress in these areas."
9.9 Against that background, we ask the Minister
to explain that which she has not done so far, including whether
the five month period has something to do with the timing of these
elections, and if the evaluation will be determined by the conduct
and outcome of those elections.
9.10 With regard to the question of what the remaining
individuals have done that merits their continued inclusion on
the list, we refer the Minister to the original Common Position,
in which the behaviour by each individual on the list that was
judged to be "deliberately, repeatedly and illegitimately
[seeking to] undermine and obstruct the concrete implementation
of the Ohrid Framework Agreement by actions outside the democratic
process" is set out.
9.11 Furthermore, we should also be grateful if,
with respect to future such Common Positions (new, amended or
extended), the Minister would ensure that similar information
is incorporated either in the text or in the accompanying Explanatory
Memorandum.
9.12 In the meantime we shall retain the document
under scrutiny.
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