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The Government of the Republic of Serbia

In the service of citizens

Through Constitution Serbia confirms dedication to respect of international law

Belgrade, 13 October 2006

Serbian Prime Minister Vojislav Kostunica said in an interview for today's edition of the Politika daily that since the talks on Kosovo's future status have been accelerated, it is now vital that Serbia emphasises its dedication to the respect of international law through the Constitution and confirms it with its interior law by introducing a clearly stated provision that Kosovo is a constituent part of Serbia and has essential autonomy within the country.

Vojislav Kostunica

Author: Politika

The Serbian government's official web site gives excerpts of the interview.

Reasons for the adoption of the new Constitution:

Serbia needs a constitution because it determines the identity of a state. The world usually sees this identity in state insignia: flag, coat of arms and anthem. These symbols were very well accepted in Serbian parliament two years ago. However, Serbia was missing the fourth and most important pillar, a constitution. This issue becomes more than topical the moment Serbia's existing constitution is no longer in accordance with the country's character of an independent state. The fact is that one of the conditions for EU accession is the adoption of a new constitution.

The most opportune moment for discontinuity was six years ago. After a number of good laws were passed in the meantime, stable democratic institutions set up and so many elections held in Serbia, to raise the issue of continuity and discontinuity six years later does not seem a good way to me. This time we are talking about the Constitution being backed by the entire parliament, which is why this constitutional procedure will prove to the benefit of all. It turned out that all parliament members voted in favour of the Constitution and I am certain the case will be the same at the referendum and that citizens will unambiguously support the Constitution.

Political parties were looking for different solutions in the Constitution but in the end we reached general agreement. In short, the formula of this agreement in my opinion is the following: on one side we have highly prominent democratic institutions and human and minority rights stated in the Constitution as a means of limiting all authority, and on the other there is preservation of the state as a whole.

Public debate on the new Constitution:

This is the third public debate on this Constitution in Serbia. The first began in 2000 with a promise that the constitution will be passed in six months. That did not happen. Then propositions started arriving, as well as constitutional drafts (more than ten of those) which came from various NGOs and political parties. I think that no other constitution adoption process has seen this many constitutional drafts. The entire process is also characterised by the participation of various experts on constitutional law who took part in several projects and occasionally even proposed different solutions. The second debate began on March 30, 2004, when parliament declared the beginning of the constitutional change and the parliamentary committee and subcommittee were under obligation to participate in the matter. Then, in June 2004, the Serbian government submitted its draft constitution. In early 2005 the Serbian President joined in with his draft and then the constitutional committee and subcommittee began the debate based on numerous suggestions, proposals and viewpoints.

I would like to recall another side of the public debate. In our past, public debate was a feature of the worst communist period in Yugoslavia's history when its role was to provide a cover for imposed legal and constitutional solutions. This refers to the 1974 Constitution and amendments that came before it.

Turnout at the upcoming referendum:

I started the campaign in the north with Subotica and Becej and then went to Novi Pazar, Tutin, Raska… In fact, the logic I followed was to see and talk with all national communities about the advantages of the Constitution. If ethnic minorities feel comfortable with it, if they feel at home in Serbia, then we have accomplished a mutual goal. Around 60 provisions referring to human and minority rights offer very satisfactory solutions that were mostly taken over from the small charter that accompanied the Constitutional Charter. There are solutions that are revolutionary in a way. For instance, the achieved level of national minorities' rights cannot be reduced and the structure of multiethnic communities cannot be artificially altered to cause a decrease in the size of ethnic minority population. There are also provisions on positive discrimination etc.

The announced diplomatic offensive on behalf of the Kosovo side:

This shows that the conditions have changed. At the talks with top Kosovo Albanian officials on July 24 in Vienna we did not hear a single argument in favour of independence. It is therefore only their unfounded wish.

On the possible outburst of violence in Kosovo, bearing in mind the threats coming from Pristina that if independence is not granted, there will be repercussions:

The Contact Group's guiding principles exclude any possibility of a violent and imposed solution. This must be emphasised because the UN Secretary Generals' Special Envoy Martti Ahtisaari belittles the need for compromise and hints that if the solution cannot be reached through agreement, it must be done otherwise. We should remember that his mandate was to enable the talks and compromise and not to impose a solution.

Adoption of the Constitution and calling early elections are mentioned as preconditions for the delay of the final decision on Kosovo-Metohija’s future status:

“For us, it is utterly unacceptable to discuss our internal topics is such a manner. This is a Serbian internal matter and Ahtisaari’s or any other international official’s alleged good-will to Serbs does not interest us. We support a sustainable solution for Kosovo-Metohija, a solution that will bring stability in the region.

Let’s wait for the Constitution to be adopted, and then the ones who made their contribution in the adoption process should meet and agree on dates for elections. I once again repeat: the sooner the better.”

On outgoing ministers and failure to confirm portfolios of ministers of defence and foreign affairs:

“One thing matters now, that is success in the referendum. Let’s solve everything else after the referendum.”

Does this mean that you are ready to lose the government for the sake of the referendum?

“Yes, I am ready to lose it, and that Serbia gets the Constitution. I think everything will fall into place, Serbia will get the Constitution, elections will follow, a new parliament and government, as well as the new institutional system in accordance with the new Constitution. Then we shall see how the new government will look.”

On results of parliaments work:

“Parliament has done a lot in the previous period, it has passed a number of good and important laws.”

On implementation of the Action Plan:

“I am satisfied with what has been done. There is a lot of work there and people who do that enjoy the trust of Serbia, Brussels and The Hague. Special prosecutor for war crimes Vladimir Vukcevic and president of the National Council for Cooperation with the Hague Tribunal Rasim Ljajic did a lot and are continuing to work night and day.

As for the government, the situation is simple – we have the facts and a clear political resolve. A lot has been done, legislation has been changed, actions have been taken, and most importantly – no government in the whole region has achieved such results in cooperation with the Hague tribunal like this one.”