ASInewsletter

March 2005, No 16

MMessageessage fromfrom tthehe EEuropeanuropean PParliamentarliament OORARA criticalcritical ttowardsowards KKosovo’sosovo’s budgetbudget forfor 20052005

NNaimaim JJerliu:erliu: TThehe cchallengehallenge ooff iimplementingmplementing KKosovo’sosovo’s llawsaws

osce Mission in Kosovo 2 ASI newsletter

Thank you, Ambassador Fieschi !

From January 2002 until March 2005 Ambassador Pascal Fieschi was Head of the OSCE Mission in Kosovo (OMiK). He served simultaneously as Deputy Special Representa- tive of the Secretary General for the United Nations, responsible for capacity-building component of the United Nations Interim Administrative Mission in Kosovo (UNMIK). During his mandate as Head of OMiK Ambassador Fieschi accompanied the creation of the Provisional Institutions of Self-Government (PISG) and oversaw the municipal and central elections in 2002 and 2004. The OSCE wants to express its strong appreciation for the commitment and professionalism of Ambassador Fieschi during the last three years and wishes him good luck in the years to come.

Short news from ASI Parliamentarians from three European countries discuss role of Roma and Ashkalia Cultural Exhibition at the Assembly of Kosovo opposition and coalition The Assembly of Kosovo hosted an Exhibition of Roma and Ash- On 18 February 2005 the European Agency for Reconstruction kalia Culture, from 24-27 January 2005. The Assembly of Kosovo (EAR)-funded Project in Support of the Assembly organized its Presidency and the Roma and Ashkalia Documentation Centre second Forum-discussion, on the role of parliamentarians from ma- (RADC) organized the event, with support from the OSCE Mission jority and opposition. Six MPs from France, Germany and Belgium in Kosovo. The exhibition of paintings, photography and poetry by shared their experience and engaged in a lively debate with the young Roma and Ashkalia artists was aimed at raising awareness of members of the Assembly of Kosovo. In-depth debates took place in the vibrancy and strength of Kosovo’s Roma and Ashkalia commu- specifi c round tables on the following topics: agreements between governmental coalition and opposition, management of parliament nities through bringing examples of their cultural heritage into the by the Presidency and control of the budget, inter-parliamentary most high-profi le of Kosovo institutions, the Assembly of Kosovo. relations, law making process, parliamentary questionnaires and The opening reception on 24 January was addressed by Prof. Fatmir control on the implementation of legislation. By mid-March 2005, Sejdiu, member of the Assembly Presidency, Ambassador Pascal the Consortium of three parliaments from France, Belgium and Ger- Fieschi, OSCE Head ofMission in Kosovo, and the co-managers of many is due to conclude the 18-month long project it was entrusted the Roma and Ashkalia Documentation Centre, Mr. Bekim Syla and with by EAR. Mr.Adem Osmani. The reception was att ended by community and political leaders from the Roma and Ashkalia communities, Mem- Regular Public Hearings conducted in reviewing legislation bers of the Assembly of Kosovo, representatives from the PISG, Already facing a high number of new draft laws tabled by the gov- UNMiK, Country Liaison Offi ces, and local and international NGOs ernment, the Assembly Committ ees resumed their regular sessions. engaged in working with these communities. For further informa- On weekly basis the Assembly is organizing public hearings on tion, contact [email protected] those draft laws considered most crucial to ensure wider input by civil society and the general public. In early February, public hear- Parliament responsibility towards Standards fulfillment ings were held on the Draft law on the Independent Media Com- mission, the Draft Law on Health Insurance and the Draft Law on On 10 February 2005 the Parliamentary Governance Information NGOs. Center (PGIC) hosted a public discussion about “Parliament respon- ASI welcomes that new public hearings are being conducted in the sibility toward Standard fulfi llments”. The event brought together immediate weeks aft er Draft Laws were passed in fi rst reading. Also two Members of the Assembly of Kosovo, Mrs. Sanij e Aliaj and Mr. in early February, the National Democratic Institute (NDI) orga- Mahir Yağcilar, as well as the Government Standards Coordinator, nized a well att ended workshop with Committ ee chairpersons on Mr. Avni Arifi . The PGIC was established in April 2004 through the the importance and the functioning of public hearings. The Public UNDP-Kosovo and Inter-Parliamentary Union’s SPEAK project, in Hearing Manual, as published in mid-2004, was re-distributed to close partnership with the Kosovo Assembly and National and Uni- all Assembly members. In his address to the Assembly plenary ses- versity Library of Kosovo. The Information Center located at the sion on 3 December 2004, SRSG Søren Jessen-Peterson encouraged National and University Library aims to provide the public with an the Assembly to hold public hearings as an instrument to include Internet based link to the archive system and website of the Assem- additional expertise and increase ownership by civil society for the bly of Kosovo. laws proposed. ASInewsletter 3 Message from the European Parliament

Josep BORRELL FONTELLES President of the European Parliament

The European Union is increas- social, over the coming period. ingly a reference point for the On this basis, the European development of democracy Parliament clearly advocates a and rule of law based political more active EU role in Kosovo. systems. In May last year, eight This was reaffi rmed recently countries of Central and East- at a special Hearing of Parlia- ern Europe joined the European ment’s Foreign Aff airs Commit- Union, together with Malta and tee on the situation in Kosovo, Cyprus, in the biggest ever EU on 25 January, in Brussels. The enlargement. It has been a huge hearing was att ended by inde- success and clear proof of the pendent experts as well as by power of att raction of the Euro- representatives from Kosovo, pean integration process. of the government of Serbia and Let me recall that the Euro- Montenegro and of UNMIK. pean Parliament (EP) played The hearing reconfi rmed the an important and active role in long-held Parliament positions this recent enlargement, which that the European future of a dominated much of the work potentially stable, democratic, of our House during the last multi-ethnic Kosovo mainly legislative term. We would be lies in the hands of its citizens well advised not to forget Par- and communities. liament’s role, when working together to set the Western Bal- The main challenges for Kosovo kans fi rmly on the path to Euro- have been the creation of demo- pean integration. cratic institutions and the estab- lishment of a multiethnic soci- Our Parliament has repeatedly ety governed by the rule of law. taken the position that through UNMIK and the Provisional that rules and procedures do Albanian communities. At the the Stabilisation and Associa- Institutions for Self-Govern- not in themselves generate same time, I believe that the tion Process, the EU can suc- ment (PISG) have taken many progress if they are not properly best way to protect minority cessfully repeat the approach steps along this road by enact- used and implemented, and if rights in Kosovo would indeed we adopted towards the coun- ing the laws necessary to pro- there is not suffi cient political be for all minorities to take an tries of Central and Eastern vide a legal framework. will behind them. Neither can active part in the Kosovo insti- Europe, provided that the coun- tries concerned meet the condi- The role of the Assembly of the international community tutions, including the Assem- tions for EU membership. But Kosovo is particularly vital in replace the necessary domestic bly. A similar recommendation this can not be accomplished this process. As Parliamentar- political will. In the end the EU was made at the recent joint without reconciliation and a ians you are the democratically and other international actors meeting of Parliament’s Delega- common vision of the future of elected representatives of the can only facilitate and support. tion for Southeast Europe and all the communities who live in people of Kosovo. It is your The tragic violence last March the Parliament of Serbia and Kosovo. responsibility to bring Kosovo confi rmed that there is no alter- Montenegro, last December. along the path of stabilisation, It is my sincere conviction that, native to a multi-ethnic Kosovo So let us work together to democratisation and moderni- regardless of the decision on in which all ethnic and religious achieve progress in the impor- sation. You have the responsi- Kosovo taken in the coming groups can live freely and with- tant benchmarks set by the months, the future of Kosovo bility to work for the well-being out fear. I strongly appeal to UNMiK/PISG’s Kosovo Stand- lies in Europe. It is this, beyond of all the people of Kosovo, the Kosovo Albanian political ards Implementation Plan. Your all other considerations, which regardless of their ethnic, polit- forces to commit themselves to Assembly has an important role must set the patt ern for the ical or social background. this path and to seek the broad- to play in this process and you necessary reforms and devel- Developments in the past year est cooperation and dialogue can count on the support of the opments, political, economic or have demonstrated however, with the Serbian and other non- European Parliament. 4 ASI newsletter The challenge of implementing Kosovo’s laws The legislature plays important functions in a democracy: it represents the citizens by addressing their needs, aspirations, con- cerns and their priorities in policy making processes. It also takes into consideration citizens` proposals when existing policies are being amended; issues laws and regulations through which the society is governed; and exercises executive oversight making sure that the adopted laws are correctly and effectively implemented. Naim Jerliu, Member of the Assembly of Kosovo (LDK).

Implementation of legislation approving the additional acts is a new challenge that emerges have been passed. The Report aft er the law is passed by the discloses important gaps in the Assembly. Obviously, the par- existing regulative sub legal liamentary work does not end acts. The Report also empha- with approving the laws. Laws sizes that the implementation of are adopted to become func- new legislation in Kosovo was tional, to be put into practice not given full att ention by the and administered eff ectively, international administration. effi ciently and economically. Kosovo institutions did not focus their att ention suffi ciently Implementing mechanisms due to other preoccupying pri- orities. Certainly, draft ing new During the past few years, laws is a priority in order to fi ll legislative activity in Kosovo in the gaps between a legacy of resulted in laws being adopted the former judicial system and which regulate some wide the new social, economic and aspects of social relation- political reality. And as a conse- ship in accordance with cur- quence greater att ention is paid rent international standards. to the process of draft ing the Mechanisms are foreseen to laws rather than implementing ensure successful implementa- the approved legislation. tion, such as: special agencies for implementation of laws, In this respect, a special focus boards and supervisory com- by legislators is required in the mitt ees, issuance of sub legal law implementation plan. Ide- acts as administrative instruc- ally, the MPs and each Commit- tions, administrative directives tee in particular should moni- or statutes. tor the applicability of laws on In Kosovo, despite the qual- a regular basis, and take active ity in content, we cannot claim and acting role in the adminis- there are no remarks in the trative evaluation of the appli- duties regarding monitoring authority, the committ ees are implementation of the legisla- cability and implementation by the implementation of laws to perform controls and stud- tion. Related to this issue, OSCE the judiciary. The committ ees through Rule 10 “On rights ies of eff ectiveness of the laws recently published a report on should take over an active and and duties of Members of the in force on issues within the the implementation of the laws acting role in the administra- Assembly”, and in more spe- scope of their authority, their passed by the Assembly of tive evaluation of applicability cifi c way they are addressed implementation, and make rec- Kosovo in 2002-2003. The report and implementation process of through Rule 44 “On the ommendations for measures to discusses the implementation the laws approved in the parlia- authority of the Committ ees in be taken in concrete situations; of the laws by the Government ment. monitoring the implementation exercise control over the activi- and the scale up to which these of laws”. The rule determines ties of relevant ministries and laws are implemented in ade- Supervisory authority of that each committ ee, within the institutions that depend on and quate manner through approval scope of its authority, have the are run by the ministries, and of subsidiary legislation. The law implementation right to monitor the implemen- compel a Minister or a person Report notes considerable suc- The existing Rules of Pro- tation of a law by the relevant authorized by him to att end and cesses, despite the fact that cedure of the Assembly of ministry or by the Government testify in the meeting before the the processes of draft ing and Kosovo directly defi ne the of Kosovo. In order to fulfi l this Committ ee. ASInewsletter 5

In the new draft Rules of reporting is understandably (approved by the Committ ee crucial. Hence, more when it for Rules of Procedure), which is expected that the volume of Government approves the Plan for Local are expected to be approved subsidiary legislation related Government Reform soon, aside from the authori- to the implementation of the ties already in force, it is antici- laws will be so vast that simply On 22 February 2005, the pated that the relevant Ministry it will become too complicated Government approved the will now have to report to the to report on all of them in ple- Plan for Local Government functional Committ ee regard- nary sessions. The experience Reform developed by the ing the implementation of the of other countries showed the Technical Working Group law without prior request, at same. on Decentralization. The least once a year. fi nal list of fi ve munici- A very specifi c issue related to pal pilot units/projects Furthermore, committ ees are implementation, is the situation includes the Kosovo Serb expected to prepare a list that when laws are approved by the inhabited Gračanica/Gra- consist of the date when the law Assembly, but they do not enter çanicë in Prishtinë/Priština will be promulgated, the date into force until they are signed municipality and Parteš/ when the law will be published and promulgated by the SRSG. Partesh in Gjilan/Gnjilane in the Offi cial Gazett e, a list of From all the laws approved by municipality; Hani I Elezit/ the legal provisions that must the Assembly, only 72 laws are Đeneral Janković on the be implemented by the Govern- signed by the SRSG, and more border with FYR Mace- ment, and the list of Govern- than 20 other laws are pending donia in Kaçanik/Kačanik ment decisions to implement to be signed since last man- municipality; Junik in these provisions. This will evi- date. The slow process of their Deçan/Dečani; and the dently facilitate the implemen- promulgation by the SRSG can Turkish-majority Mamu- tation of approved laws and hardly be dealt with in this shë/Mamuša in Prizren. make more pragmatic the meth- mandate, respectively by the The Minister of Local Gov- odology of monitoring. In addi- Assembly itself, and this repre- ernment Administration, tion, the ministries will submit sents another major problem. Lutfi Haziri, said that the annually writt en reports to the As a conclusion, considering legal infrastructure for Assembly plenary sessions. that legislation approved by beginning of the decen- If the Ministry doesn’t report the Assembly must be imple- tralization process existed, or its report is considered to be mented in order to apply gov- but some new legislation would be needed. Prime incomplete, the issue will be on ernment policies that refl ect Minister Haradinaj requested the support of the opposition the agenda of the next plenary the needs and demands of the parties as the project “in no way led to cantonisation” but rep- session at the request of the citizens, the idea of raising resented “a transformation” of parallel structures that would Committ ee. This new tool can the level of accountability of lead to their “dissolution” and the regular functioning of local be utilized to achieve a refl ec- the Government is important. government, which was “in the interest of Kosovo”. Though tion of a law’s implementation Based also on the experiences the Government had not fully calculated the costs, he said that but also to have the oppor- of other countries, an agency fi nancial support by foreign governments and international tunity to evaluate applicabil- within the Government that institutions was expected. ity in practice. Experiences in would serve as a monitoring many countries show that there mechanism on the applicabil- PDK and ORA, however, oppose the decentralization plan. The are numerous cases when an ity of the laws of the Assem- PDK Secretary General Jakup Krasniqi stated that the new plan approved piece of legislation bly of Kosovo could be estab- was not based on the Framework Document and was therefore will not have the possibility to lished. And the Assembly has illegal. He also said that the goal of the plan was not to decen- become applicable, due to the to undertake intensive periodic tralize local administration but “to create enclaves and legalise lack of necessary implementa- monitoring of executive branch parallel structures.” ORA considered the plan “illegitimate and tion mechanisms, or because of activities related to the imple- illegal due to the lack of political consensus on reform of local mentation of laws. Therefore, the inadequate estimation of the government.” On 23 February, the PDK caucus walked out of the challenge of the implemen- circumstances for its implemen- the Kosovo Assembly plenary session to protest the absence tation of the laws - which is the tation when it was approved. of debate on decentralization on the agenda. The Presidency mandate and the responsibility of the Kosovo Assembly later decided to call an extraordinary In this phase when Kosovo of the elected representatives of plenary session on Thursday, 10 March, to discuss decentral- is making basic legislation to citizens - could more easily and ization. cover the main areas, this way effi ciently be faced. 6 ASI newsletter Interview with Dr. Enver Hoxhaj, chairperson of the Assembly Committee on Education, Science, Technology, Youth and Sports. Implementation of education legislation high on the Assembly agenda

Interview by Christophe Pradier, Political Offi cer OSCE Mission in Kosovo

What are the activities of the an enhanced environment for Commi ee on Education, Sci- adult learning. ence, Technology and Youth? Could your Commi ee medi- The committ ee meets from ate between MEST and the two to three times a week. It Rector of the University? recently worked on the Draft Law on Cultural Heritage and Not for the time being. We the Draft Law on Theatre. The respect the autonomy of the committ ee is in the process of University of Prishtina as well preparing a plan of activities as the competencies of MEST for the next three years, which in higher education. We will should be ready by mid-March. also be waiting for the decision I also believe the Committ ee of the Supreme Court on that should do more than merely issue. approve draft laws. It has the role to assist the Ministry of What is your assessment of Education, Science and Tech- the Draft Law on Cultural nology (MEST) in implement- Heritage and Draft Law on ing the relevant laws. We have Theatre? planned to visit MEST and the The Draft Law on Cultural University of Prishtina to iden- Heritage is a very bad draft as tify their needs. We will also it does not include any concrete invite Minister Agim Veliu to provisions on the institutions give a report to the Assembly responsible for the protection of on the implementation of the cultural rights. We are waiting Law on Primary and Second- for the Government to submit a ary Education and the Law on revised draft and then we will Higher Education. The Com- provide inputs. The Draft Law mitt ee intends to support the on Theatre is very good. How- Government translate its edu- ever I disagree with the infl u- cation programmes into activi- ence granted to the Ministry of ties. Culture, Youth and Sports over the theatres. I believe that cul- What is your assessment of tural institutions should have the legislation dealing with An additional problem is the issues. There is an urgent the statute of independent education? high cost associated to the need for the adoption of addi- public agencies. There are two basic laws: one Law on Higher Education. tional laws such as a Law on Law on Primary and Second- Therefore the current debate Scientifi c Research. Education What is your position on the ary Education in Kosovo and in the Assembly regarding the should be the primary priority Draft Law on Youth Empower- opportunity to have a budget one Law on Higher Educa- of Kosovo society. A bett er edu- ment and Participation? tion in Kosovo. However the prepared for each draft law is cation system would produce Youth should be the priority reform of education in Kosovo highly relevant. benefi ts such as more devel- of Kosovo institutions, which is hampered by the limited The applicable legislation oped human capital, a bett er is not currently the case. The implementation of these laws. does not cover all educational cohesion of Kosovo society and ASInewsletter 7

Draft Law on Youth should be EU experts to our conferences. can play a constructive role and I am very glad to see that the adopted as soon as possible. The I will come up shortly with the benefi ts of close coopera- lett er the PDK President Ha- government has postponed this concrete proposals. tion between Kosovans and the him Thaci addressed to the Draft Law because it is not part International Community. The SRSG and Ambassador Fie- of the priority Standards. How- Does your Commi ee conduct current version of the Draft schi was taken seriously and ever I believe the Government expert hearings? Law would create a suitable induced the Temporary Media should work both towards the Absolutely. On 10 February environment for the control of Commissioner (TMC) to come standards and social justice. we organised a public hear- the media by the government. up with new solutions. The The PDK is opposed to the pro- ing on the Draft Law on Thea- PDK supports all the sugges- posed composition of the Com- What role could the Kosovo tre to which all stakeholders tions from the TMC. I hope that mission (7 members: 2 mem- Assembly play in raising the were invited. We are very the relevant Committ ee will profi le of youth and education bers nominated by the SRSG, careful to involve all actors in these recommendations into 1 by the Kosovo Assembly and in the public debate and politi- the draft ing process and will 4 from the Civil Society but consideration and the Assem- cal agenda? include their recommenda- voted by the Assembly). The bly will adopt the revised Draft tions in the revised draft of the I think the Assembly has a criti- PDK stands for the independ- Law. Finally I want to thank cal to play in changing the per- Law. However the Committ ee ence of the media from politics. Ambassador Pascal Fieschi for ception of education by bring- does not have any budget for The IMC would interfere with his constructive cooperation ing in the European Union hiring experts and researchers. the work of public and private and his willingness to provide approach. Education should I personally asked President media. Kosovo with a good law. be based on developing key Daci to allocate a budget but competencies and skills such no response has as yet been as critical thinking rather than received. Let me assure you memorizing facts. Unfortu- that I will not give up on that nately Kosovo institutions have issue as we will not be able to Implementation of Assembly Laws Problematic a wrong approach to education. work professionally without a The OSCE Department of Human Rights and Rule of Law Kosovo faces the challenge of budget. has launched a report on the extent to which laws passed translating the EU approach by the Assembly of Kosovo are being implemented through into concrete policies. What are the legislative pri- orities of the PDK Parliamen- subsidiary legislation, with particular focus on laws pro- What is your assessment of tary Group? mulgated in the period 2002-2003. All Assembly Members received a copy of the report. On 3 February, it was discussed the assistance provided by ASI We support the Government extensively in a joint meeting with all Deputy-Ministers of to the Kosovo Assembly? Do priorities on the Laws related the Government. you have any requests for ASI? to Standards implementation. The Assembly owes a lot of its However the Assembly needs The report makes a general assessment that the implementa- achievements in the last three to adopt a Law on Local Gov- tion of Kosovo Assembly laws has started with certain delay, years to the ASI support. ASI ernment and a Law on Local aft er which most of the responsible institutions have managed could help raise the awareness Finance as soon as possible. gradually to overcome the initial diffi culties. The main rea- The pilot projects cannot start of Assembly members on their sons for the delay include: a shortage of suffi cient resources without the proper legislation responsibilities. The Assem- in the legal offi ces of the ministries, as well as concentration in place. It is therefore crucial bly is not only a law-making on draft ing of new legislation instead of implementing the to establish the required infra- machine. It has the duty to hold laws already in force. The report recommends strengthen- structure for the decentralisa- the government accountable as ing accountability of the PISG executive branch. This could tion process. The problem is be achieved by establishing an oversight mechanism for the well as express the voice of the that the Government can not do citizens. it. PDK other priorities are the implementation of Kosovo Assembly laws within the Offi ce My Committ ee in coopera- laws supporting the develop- of the Prime Minister and by increased periodic parliamen- tion with MEST is interested ment of the economy and Small tary oversight over executive branch activities. The report in organising conferences and and Medium size Enterprises. also recommends a precise regulation of the types of nor- seminars on the topics of edu- mative acts in Kosovo, the hierarchy among them, and the cation and youth. We could What is your opinion on the organs responsible for their issuance with the adoption of a very much use the assistance of Draft Law on the Independent Law on Normative Acts. The report can be found at www. ASI in raising the awareness of Media Commission? osce.org/kosovo/documents the Kosovo public on EU edu- This Draft Law is the best cation standards by inviting example of how the opposition 8 ASI newsletter Recent Developments

President makes annual address to Assembly SLKM announces its intention to start participating On 26 January 2005 President of Kosovo Dr. Ibrahim Rugova made in the PISG his annual address to the Assembly of Kosovo. Speaking on the The Serbian List for Kosovo and Metohij a (SLKM) announced on opening day of the January plenary session, the President expressed 24 February its intention to start participating in the PISG and his confi dence in continuing economic growth in Kosovo, and requested the Government in Belgrade and the State Council for declared that the achievement of independence will be a priority Kosovo to clearly state their position on this issue. “We are asking of the government. He emphasized the government’s commitment fi rst of all the opinion of Serbian Prime Minister Vojislav Kostunica, to Standards implementation and to the integration of minorities. because he had opposed that Kosovo Serbs turn out for the elec- President Rugova further announced that the government will con- tions,” stated SLKM member Randjel Nojkic. SLKM claimed that sider establishing diplomatic representation for Kosovo in several its common goal would be to improve the living conditions of their European countries and the United States. There was no mention in community but also to demonstrate that standards are not being the speech of the March 2004 violence. respected and that the ultimate goal of the Kosovo Albanians is unachievable. SLKM would join the working groups for decentral- Government finalizes its Program, Legislative ization if Belgrade’s offi cial response was delayed. Priorities and Rules of Procedure When asked to comment on the news, Slavisa Petkovic, the leader During the plenary session on 22-23 December 2004 the Assembly of of the Citizens’ Initiative Serbia (GIS) and Minister for Returns and Kosovo debated the draft government program including priorities, Communities assessed the SLKM decision as a manoeuvre aft er policies and strategy of the government for the coming three years. SLKM did a lot of damage by not participating. Given the Ser- Assembly members from the ruling coalition as well as opposition bian Prime Minister’s advisor negative reaction to the initiative, formulated many suggestions on the draft document. Aft er having it remains to be seen whether SLKM will in fact participate. The analysed all input and proposals, the Government published its Kosovo Government, on its part, welcomed SLKM’s readiness to end the boycott and called on its members to demonstrate their Program and Priorities, an extensive document counting 30 pages. willingness to participate with concrete steps and to look at their The Government also approved its “Legislative Agenda” for 2005, constituency in Kosovo and not in Belgrade. a list of 122 laws to be tabled in the Assembly by the end of 2005, including 20 laws directly related to the Standards Implementation Plan. Government and Municipalities call for returns in On February 1st the government approved it Rules of Procedure, as open letter required by the Standard Implementation Plan. Taking into account On 25 February, the Prime Minister together with the Ministers the experience of functioning of the previous government and best chairing the six Working Groups on the Standards hosted a meeting practices from other governmental Rules of Procedures as identi- on “Standards and Municipalities”, which was att ended by Munici- fi ed by various international organizations, the new governmental pal Assembly Presidents, the Principal Deputy SRSG, the UNMIK Rules of Procedure are clear, comprehensive and well-thought. The Standards Coordinator and Contact Group representatives. At the Rules outline the interaction between Prime Minister and Ministers, meeting, it was concluded that there are no excuses for standards publication of government legal acts, coordination and planning of at the municipal level not being implemented and that there will be the work of the government, relationship with the Assembly and consequences for those municipalities that do not perform. other PISG bodies and organizations. Placing emphasis on returns All three documents can be downloaded from the Prime Minister’s as one of the key standards, web-site: htt p://www.pm-ksgov.net/index.php?lang=en the meeting culminated at the issuance of an “open lett er” Assembly meets in plenary; Presidency decides on which called for the return of displaced persons in Kosovo. party funding Mentioning the “special At its plenary session on 23 February, the Assembly of Kosovo responsibility” of the Kosovo adopted legislation on the 2005 Kosovo Consolidated Budget (KCB) majority community towards and on freedom of association in NGOs, among other things. The the Serb community, request- Assembly Presidency, on 1 March, adopted a formula for the distri- ing the release of the occupied bution of KCB political party funding under which each political properties to their owners and entity represented in the Assembly receives an amount proportion- asking for the respect of the ate to the number of seats it holds. The current formula represents religious monuments, the lett er a signifi cant improvement over the formulas adopted in past years, appealed to the displaced to in that it does not distinguish between the 20 set-aside seats and the return home and to integrate 100 other Assembly seats. in the Kosovo society. ASInewsletter 9 ORA critical towards Kosovo’s budget for 2005 During the Assembly Plenary session on 28 January 2005 the Assembly adopted in its fi rst reading the draft 2005 Kosovo Con- solidated Budget. On behalf of his political party ORA, Mr. Veton Surroi presented seven main criticisms on the draft as pre- sented by the government. Veton Surroi, President of ORA.

105 million euro, to be covered request the reversal of the trend. up with cash (PTK dividend Based on the instructions from and the savings held by the international fi nancial institu- Government). This is a misuse tions, the report on the projec- of the potential fi nancial means tions for reducing the adminis- envisaged for the development. trative staff needs to be included ORA believes Kosovo urgently in the new government project needs a special Development proposal, as well as direct rebal- fund that would create new jobs ancing/reallocation of the means in the private sector, agriculture, of the workers in the education and SMEs (Editor’s note: small and health sectors. and medium sized enterprises), with special fi nancial means 6. LAWS, COMPETENCIES that will not be operated by the government or its budget, but it The draft budget has not taken would rather be a special entity into consideration the eff ects that would infuse this money of the new laws and compe- into the Kosovo Banking System tencies Kosovo is to take over. with the loan system specially Thus, as we have witnessed, the designed and conditioned for Assembly adopts draft laws in jobs and development, solely. an irresponsible way, violating the rules of procedures; with- 4. BALANCE OF HANDOVER out providing the respective fi nancial impact statement. The As the current government and 1. CONTINUITY toms – therefore subordinated Government and the Assembly to the expenditure of imported Assembly did not accept our The proposed budget is in fact should concord laws and com- goods. On the one hand, this will initiative on having a balance a continuation of the previous petencies, which are to be trans- strike down the local producers, report on handover with the budgets approved by the previ- ferred, thus integrate them in the and on the other hand it will not previous government, we can ous Assembly. Covering basic future draft budget cost line. contribute to the capacity build- only assume what the capital administrative needs of Kosovo ing in establishing the rule of expenditures or goods presented in its emergency stage is the sole 7. NON- TRANSPARENCY law in internal economic rela- in this draft budget might be. feature of this budget. The last tions in Kosovo – KEK is treated What is obvious about the last The government did not approve budget did not ensure the eco- as a budget exploiter, thus the Government is too litt le work our initiative on reviewing nomic development of Kosovo vicious circle continues with done – many more vehicles and budget expenditures of the pre- nor fulfi lled needs, especially nourishing KEK and obstruct- other similar expenses instead. vious government, nor the even- in education, health and infra- ing its restructuring. The draft We suggest that a report to be tual misuse. This unfortunately structure; this one is unlikely to budget refl ects the same or less presented in the Assembly on contributes to the climate of do otherwise as well. economic activity in Kosovo, the offi cial vehicles inherited ‘having no penalties’. The lack because it anticipates almost from the previous government of accountability of the Gov- 2. CONTEXT OF THE the same level of revenues as in and the number of vehicles that ernment towards public money POLICIES the previous year. Implicitly, it this government intends to buy was seen in December, when the As presented as it is, the cur- means the draft budget does not within the “goods and services” government spent more than rent budget maintains the main refl ect the objectives of Govern- budget line. 160 million euros within only 20 shortcomings as the previous ment Program for Kosovo’s eco- days. Non-transparency toler- one. If supported by the same nomic revival. 5. EMPLOYEMT, ates not only this, but provides revenues as the previous budget, EDUCATION, HEALTH with the possibility of misusing it means Kosovo remains in the 3. DEFICIT The draft budget for 2005 contin- the money allocated for Kosovo same vicious circle where the The draft budget is introduced ues with the trend of employing to instead end up in private budget is funded through cus- with a programmed defi cit of administrative staff . Thus, we pockets. ASI newsletter Prime Minister Ramush Haradinaj resigns

Statement of resignation

Citizens of Kosovo, Citizens of Kosovo, nothing The latest war in Kosovo dares to stop our path now. Each resulted in at least 12,000 vic- of us should be ready to sacrifi ce tims and hundreds of thou- in an appropriate way in order sands of humiliated and for our people and country to achieve the merited indepen- raped. Over 120,000 houses dence aft er many centuries of were burned and over a mil- suff ering and sacrifi ces. lion of citizens were forcefully deported Today I have been called upon from their homes to make a sacrifi ce, something during a brutal I never believed would happen. campaign of ethnic Now I have been informed that cleansing. Many sac- the Hague Tribunal has issued rifi ces were neces- an indictment against me. sary for our liberation First, let me say before you that war. Thousands of families I am innocent of any crime I am continue to struggle with charged of. I say this because, grief and anxiety for their above all, I am responsible beloved ones, whose fate is before my people. All of my unknown. And we haven’t yet actions during the war were completed our work. consistent with the morals of On the other hand, we have come a war, with international justice, long way since 1999 and now we are and with the code of manhood. close to achieving our independence. Earlier, I said that I’ve worked This will be the greatest achievement this entire time to build a dem- for Kosovo and at the same time the ocratic society, one worthy of beginning of our path towards the belonging to the modern world. European Union and NATO. This means also cooperation with international justice, how- In the three months since the govern- ever unjust it is at this moment. ment led by me took the oath, we made I feel off ended by this process, I progress that few people expected, par- feel deeply hurt, I feel that I am ticularly in the fulfi llment of Standards, being removed from my work at which were designed by the international the time when I was giving the community in order to move forward the maximum for my country, but I fi nal status of Kosovo. Full independence and have to accept it for the sake of sovereignty was and remains the only status my country and for the sake of for us. We proved that we are committ ed to all of us. work on the creation of a democratic, tolerant, and prosperous state that is respected by our I am a person of Kosovo and I own citizens as well as by the whole world. willingly sacrifi ce myself for my During this time, international community country. So, I accept this burden. has understood us correctly and co-operated At the same time, I ask all of you with us in the most constructive way. Special to accept this fact. I ask all of Representative of the Secretary General of UN you to accept something that is Mr. Jessen-Petersen has been a very good part- almost impossible to accept but ner of mine and a great friend of Kosovo. do this in order to do your coun- ASInewsletter 11 try and your nation an honor. some people carried out with as well, while accepting some- of Prime Minister of Kosovo. I I ask from you that you think the Serbian government in order thing that is unacceptable from have asked of my colleagues about the greater interest of the to extradite Serbian criminals. the aspect of justice. in the governing coalition to country. This is a mistake made by a few Now I want to thank everyone continue the inter-institutional people who don’t know at all The international community for the continuous support that cooperation and to strengthen what happened in Kosovo and made a big mistake when it cre- they gave me during most dif- the governing coalition. Only who don’t want to know what ated a tribunal that treats free- fi cult times. I want to thank in this way can Kosovo suc- will happen here in the future. dom fi ghters the same as aggres- the Alliance for the Future of ceed in att aining its aspirations However, I know that I am not sors that destroyed entire peo- Kosovo (AAK). I want to thank in the shortest time possible. ples and left the entire region in responsible for that of which This is one more interruption I am being accused and I also my colleagues in the coalition ruins. I want to believe that this for their work. I want to thank of our path towards freedom, was an unintentional mistake. I know that the court will prove democracy, and sovereignty, this. President Rugova and Assem- want to believe that they did not bly President Daci for their but I promise you that nothing want such a thing to happen. In the upcoming days I will continuous support. I also give and no one can stop our path I know that the majority of consult with my colleagues and my sincere thanks to Mr. Jessen- towards independence. Good- them will be just as shocked as with the International Commu- Petersen and General de Kerma- bye and thank you. you and I are. That which was nity regarding my role in the bon for the sincere friendship prepared [i.e. the indictment] future. Everything that I’ve ever they showed to me. derives from lies prepared in done in my life has been to serve Ramush Haradinaj, Belgrade and dirty business that Kosovo. I am doing this today Today, I resign from the post 8 March 2005

Reaction by UNMIK “I have taken note of Ramush only serve the interests of those Haradinaj’s decision to step determined to block Kosovo’s down with immediate eff ect as way forward. It will be a major Prime Minister of Kosovo. I do, setback to everything Kosovo of course, respect his decision, has achieved recently and it will but I cannot hide the fact that defeat all the recent achieve- his departure will leave a big ments, notably those reached gap. Thanks to Ramush Haradi- during Mr. Haradinaj’s leader- naj’s dynamic leadership, strong ship. commitment and vision, Kosovo The decision announced by Mr. is today closer than ever before Haradinaj to co-operate with to achieving its aspirations in the Tribunal, despite his fi rm sett ling its future status. Person- conviction of innocence, and ally, I am saddened to no longer although painful for him, his be working with a close partner family, Kosovo and for his many and friend. friends and partners, includ- In his decision today, Mr. Hara- ing in UNMIK, is at the same dinaj has once again put the time an example of Kosovo’s porarily lead the Government. the Kosovo’s higher interests at interests of Kosovo above his growing political maturity as a Meanwhile, I will work with the this crucial moment. Together, own personal interests. It is responsible member of the inter- political leaders of Kosovo to important that the people of national community. I trust that we can overcome the present make sure that, as soon as pos- Kosovo respond with the same Mr. Haradinaj will again be able diffi culties, and continue for- sible, there is a government in dignity and maturity as that to serve Kosovo to whose bett er ward on Kosovo’s European place that can continue, without shown by Ramush Haradinaj. future he has sacrifi ced and con- path towards a free, democratic, delay and disruption, the work tributed so much. multi-ethnic, stable, and pros- I understand the sense of shock that will bring Kosovo towards perous Kosovo.” and anger over this develop- It is important that we all remain a comprehensive review of ment. I appeal, however, to the calm and dignifi ed during these standards this summer and Special Representative of the people of Kosovo to express diffi cult days. In accordance with into status talks later this year. I Secretary General your feelings through peace- the Constitutional Framework appeal to all political leaders to ful means. A violent response and applicable regulation, the show responsibility by joining Søren Jessen-Petersen will not help Kosovo. It will Deputy Prime Minister will tem- together in common pursuit of 8 March 2005 12 ASI newsletter European Parliament debates process towards Kosovo’s fi nal status

The European Parliament in Brussels was the venue for a ground breaking debate on the process to address Kosovo’s fi nal status. On 25 January 2005 the European Parliament’s Committee on Foreign Affairs organised a widely attended Public Hear- ing on Kosovo. Through this hearing the European Parliament re-engaged on Kosovo, following adoption of several resolutions on Kosovo during last years and earlier hearings where members of the Assembly of Kosovo participated.

Franklin De Vrieze

Glenny reminded that Serbia is over budget and taxation. Mr. not a monolith, which was a ref- Rupnik advocated “conditional erence President Tadic’s appeal independence” for Kosovo. to Kosovo Serbs to turn out Among the conditions he men- for the October 2004 elections, tioned the willingness by all unlike Prime Minister Kostu- political forces to renounce vio- nica. Mr. Glenny said that one lence and any revision of the needed to engage with Serbia borders (an Anschlussverbot and he advocated more fl ex- with Albania) and guarantees ible EU accession criteria for the for the Serbian minority, includ- Western Balkans. ing the right to participate in the political process. The EU should Professor Jacques Rupnik of the hold out the promise of “entry Centre d’Etudes et de Recher- into the European orbit in what- ches Internationales (CERI) ever form”, thereby off ering spoke about a process of regres- bett er prospects than a national- sion, not only in Kosovo as dem- ist agenda, he outlined. onstrated by the events of March 2004, but also in Belgrade where Dr. Nicholas Whyte of the Inter- the political elites are no longer national Crisis Group (ICG) willing to address the issue. presented the main fi ndings of Mr. Rupnik recalled his meet- the recent report on Kosovo. ing with the late Serbian Prime Stressing that the status-quo Minister Zoran Djinjic who said cannot continue, he pointed at One of the key-note speakers nities in Kosovo were mixed far that for him “Kosovo is a closed the economic stagnation caused addressing the European Par- more than it might seem at fi rst. chapter – however I cannot say by uncertainty of Kosovo’s legal liament was Mr. Misha Glenny, As a negotiated fi nal status is author of several books on the not stable without the Belgrade so as the political conditions are and constitutional position and Balkans. He stressed that 2005- government, Mr. Glenny said, not ripe for it.” Aft er the Decem- the danger of new domestic 2006 would be “crunch years”, the key issue is thus to persuade ber 2003 elections when the Ser- violence. Therefore, he said, all in which either the region’s his- the Serbian government to buy bian Radical Party was the clear parties must immediately start tory as “Europe’s powder keg” into what the international com- winner, the political context working to establish Kosovo would come to an end, or, if munity wants for the region. He looked even more complicated. as an independent state that negotiations on a fi nal status fail, warned against partitioning Mr Rupnik agreed that the treat- can guarantee minority rights. there would be a real and grave Kosovo, as Serbs living south ment of the Serbian minority Serbia needs to accept real- risk of violence and an intensifi - of Ibar river would fl ee to the would be the litmus test for the ity and recognize that Kosovo cation of social problems such as Presevo-Bujanovac area, which international community’s abil- cannot be returned to Belgrade poverty and organised crime. In might destabilize the fragile ity to provide lasting solutions. rule, he said, while Kosovo any debate on Kosovo’s future, balance there. While stressing But he also pointed out that the needs to recognize that protec- guaranteeing the security of the that excluding Belgrade from protectorate was “infantilised”, tion of minorities is a condition Serbs was crucial, especially as the process was likely to create as the Assembly of Kosovo was sine qua non for its indepen- the Albanian and Serb commu- instability in the long term, Mr. lacking crucial competencies dence. ASInewsletter 13

The ICG report sets out a time- time, a Special Envoy should be international assistance, must ges in Kosovo’s superior courts, line of decisions and events appointed by the UN Secretary- begin to draft a constitution, ICG and certain international par- that would lead to an interna- General to begin consultations says, satisfying concerns that ties would have the standing to tionally recognized Kosovo by on the content of a sett lement there must be complete respect ensure that certain key matt ers mid-2006. ICG advocates that accord and the process by which and protection for minorities. relating to minority rights and the Contact Group outlines four it should be implemented. In The text of the constitution, if other agreed obligations can crucial ground rules prior to mid-2005 the UN is due to assess accepted by the international be brought before those courts; determining the fi nal status: that the Kosovo government’s com- conference, would form part of Kosovo would accommodate an the protection of minority rights mitment to democracy, good the proposed Kosovo Accord. international monitoring pres- in Kosovo is the issue on which governance and human rights Given everything that has hap- ence -- the ‘Kosovo Monitor- progress will most depend and standards. If the assessment pened in the past and the uncer- ing Mission’ -- to report to the that neither Kosovo’s return to is positive, the Special Envoy tainties about behavior in the wider international community Belgrade’s rule, nor its partition, should prepare a draft sett le- future, ICG advocates to set and recommend appropriate nor any possible unifi cation of ment text -- the ‘Kosovo Accord’ some limits on an independent measures if Kosovo were to Kosovo with Albania or any -- and the details of an interna- Kosovo’s freedom of action: backslide on its commitments. neighboring state or territory tional conference to endorse it. there would be a number of Following these steps, ICG will be supported. At the same The Assembly of Kosovo, with internationally appointed jud- advocates an international con- 14 ASI newsletter

ensure stability and continued ference to take place and the advocated a regional free trade mentation, so that progress can movement towards European approval of the constitution by agreement between Kosovo, be measured by the Contact integration. Kosovo’s citizens in a referen- Montenegro, Macedonia and Group and the Security Coun- cil. In relation to the assessment dum. Aware that Serbia -- and Bosnia-Herzegovina which Mr. Nebojsa Covic, Head of the for the three-month period as of perhaps Russia as well -- will would allow for Albanians and Coordination Centre for Kosovo November, some progress has refuse to cooperate with part or Serbs (from BiH and Monte- and Metohij a within the Coun- been made but there is still much all of the plan, ICG says that the negro) to intensify economic cil of Ministers of Serbia-Monte- to be done, in particular in areas proposed process should not be interaction – which would be negro, stressed that “UNMIK’s such as returns or freedom of held hostage to that eventual- benefi cial for the status discus- mandate is not to set up an movement. In this context Mr. ity: the situation on the ground sions. independent state”. He warned Freidberg made the point that in Kosovo is too fragile, and the those who might be tempted Mr. Kim Freidberg, Special lack of progress due to the non- status quo too unsustainable in to resolve the issue of Kosovo’s Advisor to the SRSG, gave an participation of Kosovo Serbs, too many ways, for the interna- status without the agreement of outline of recent developments or due to active blockage, will tional community to allow its Belgrade that this would be no in Kosovo as well how UNMIK not be held against those who future status to be put on indefi - lasting solution. He also ques- sees the way ahead. He men- genuinely make a best eff ort to nite hold. While legitimate Ser- tioned the assessment made of tioned improvement in the achieve progress. Status resolu- bian concerns should be taken the progress achieved so far. fi elds of security, and the recon- tion will help Kosovo with its fully into account, particularly Mr. Skender Hyseni, politi- struction of schools and houses diffi cult economic and social about the status of Kosovo’s cal adviser to the President of destroyed during the March situation, and would also allow Serb minority, Belgrade should Kosovo, argued that the only 2004 violence. Priorities among Belgrade to focus on its own be cautioned from the outset question should be “indepen- the Standards have been defi ned economic and social priorities, that “the train is leaving, with or dence - when?” He stressed and are all focussed on the Mr. Freidberg stressed. With without you”, and encouraged that independence is a practi- minorities. More authority has the clear approach and the clear to participate fully in achieving cal question: Kosovo does not been and is being transferred to timetable, it is obvious that the the best possible terms of sett le- have access to loans from inter- the PISG in areas not related to stakes are rising. “The opportu- ment national fi nancial institutions sovereignty. At the same time, nity is that we fi nally see Kosovo nor can it engage in a process of During the debate, Members of an accountability policy is now move towards a real multi- cooperation with its neighbors. the European Parliament (MEP) in place and foresees sanctions ethnic society, as the majority Aft er independence, a regional seemed to be agreeable to the that could be used by the SRSG community has realised that the against offi cials who do not Schengen-type arrangement proposals put forward. How- road to status resolution leads perform or who block att empts would be preferable. The cur- ever some MEP’s expressed through consolidation of minor- to make improvements in key rent uncertain political situa- skepticism towards the time- ity rights. We believe that the areas (such as minority rights, tion is causing tension to rise, line. MEP Swoboda (Germany) need to reach out to the minori- freedom of movement, returns warned Mr Hyseni. said he supports independence ties and bring them into society of displaced persons, equal pro- but the conditions should not be has been recognised. We are MEP Doris Pack (Germany), vision of services, responsible watered down. European values now, for example, seeing rapid who chairs the EP Delegation media, and security). Transfers need to be respected and the movement on decentralisation for Relations with South East of competence have also been multi-facet history of Kosovo that has taken some by surprise, Europe, reminded the audience made in the economy. Mr. Fre- recognized (negative reference including those in Kosovo and that the EU doesn’t want Serbia idberg mentioned that Prime was made to the controversy on Belgrade who have been calling or Kosovo inside the EU as long Minister Haradinaj has rapidly the Assembly murals in Febru- for it for some time.” Mr. Fre- as their problems have not been shown himself to be at the head ary-March 2004). But he warned idberg commented on the risk solved. While stressing that of an energetic, decisive govern- that Kosovo’s status would be of seeking solutions that in fact there is no solution without or ment with the drive to make real decided with or without the are not real solutions such as against Belgrade, she confi rmed progress and to reach out to the involvement of Belgrade, pref- territorial division or partition. that the borders of Kosovo are minorities. Mr. Freidberg gave erably with. MEP Jelko Kacin In case of a positive review of fi xed and cannot be changed examples of the disappoint- (Slovenia) said that self-isola- Standards by mid-2005, many and that the independence of ing participation of the Kosovo tion of Kosovo Serbs and boycott issues need to be addressed. It is Kosovo can only be achieved Serbs in these processes. of elections bring no solution. more than likely that any ‘post- aft er return of IDP’s and refu- Kosovo needs clarity on its On the way ahead, Mr. Freid- status’ authority in Kosovo gees, the protection of human European perspective through berg spoke about the quarterly would request an international rights and other conditions have an economic solution. He reviews of Standards imple- civilian and security presence to been met. ASInewsletter 15 New Efforts for Building Cooperation between Parliaments and Civil Society Organizations of the region Lulzim Peci, Executive Director Kosovar Institute for Policy Research and Development(KIPRED)

an individual level, and at the Exploration of the Possibilities same time address the impor- for Increasing Regional Coop- tance of regional transparency eration. and communication for eff ec- Sharing of experiences in these tive democratic development. fi elds as well as having the The regional component is opportunity of international critical to the success of this and local expert hearing aims programme, based on the idea at facilitating a deliberative dia- that the creation of a stable and logue at the regional level that peaceful southern fl ank is vital can contribute to the lessons to the future of Europe. learned and bringing new ideas The programme will include a about how to handle those yearly standing conference of issues in the best benefi t and Parliaments and NGOs, bring- satisfaction of the people of the ing together regional teams of countries of the region. MPs and NGO representatives In addition, in-country parlia- to share ideas and provide ment/civil society teams will solutions to issues of concern to convene on a regular basis to the region; bi-annual regional determine and monitor pro- roundtables; and trilateral gramme planning and imple- regional exchanges consisting mentation. The country teams of visits of joint parliament/civil will take responsibility for society delegations from two of selecting focus issues, sett ing the partners involved to a third priorities, ensuring balanced neighboring parliament/coun- participation in regional activi- In December 2004 the East West of the established parliamen- try. ties, and the preparation of pro- Parliamentary Practice Project tary groups within the Assem- In a meeting between EWPPP gramme materials. (EWPPP) from The Netherlands bly. The partner NGO of the and regional partners that took in partnership with parliaments EWPPP in Kosovo is the Koso- The programme will off er, place in Skopje on 13 January and selected NGOs from the var Institute for Policy Research especially for the young par- 2005 as agreement about two Western Balkans began a three and Development (KIPRED). liamentarian leaders, an addi- trilateral regional exchanges year long program called Leg- tional opportunity to broaden The program aims at assisting has been achieved. The parlia- their education and knowledge islatures and Citizens: strength- the parliaments and NGOs of ment/civil society organiza- ening democratic institutions about international aff airs and the Western Balkan countries tions of Kosovo, Macedonia policy making. EWPPP will and civil society in the Western to improve the functioning of and Montenegro represent one Balkans. provide small scholarships for democratic institutions and triangle and Albania, Bosnia select representatives of Parlia- The target groups are members civil society participation in and Herzegovina and Serbia ment/NGO sector from the tar- and staff of parliaments and the decision making process. will represent the other one. geted countries for short-term representatives of civil soci- The assistance is coming at The topics that will be dis- study visits at academic institu- ety organizations from Alba- the moment when inter-ethnic cussed in the trilateral regional tions in The Netherlands. nia, Bosnia and Herzegovina, tensions, extreme right politi- exchange of Kosovo, Macedo- Kosovo, Macedonia and Serbia cal tendencies, corruption and KIPRED is looking forward nia and Montenegro will be cooperation with all relevant and Montenegro. organized crime are still main the common issues that are stakeholders in order to make obstacles to democratic institu- The members of Assembly of aff ecting these parliaments/ this program an additional tool tional capacity-building in the Kosovo, who will be part of countries: Decentralization and for assisting implementation of countries of the Western Bal- the continuous activities of the the Reform of the Local Gov- the “Standards for Kosovo” and kans. project from Kosovo and at the ernment, Democratization of enhancing in general the level regional level, will be selected This programme will work with Political Parties and the Gov- of the development of democ- in cooperation with the heads the countries in the region on ernment Institutions as well as racy in Kosovo. 16 ASI newsletter Interview with Mr. Alexander Borg-Olivier, The Legal Adviser of UNMIK. “We must work as partners”

Interview by Franklin de Vrieze and Uli Steinle, OSCE

You have followed the develop- ment of the Assembly from the very beginning. What would you consider the main achieve- ments of the Assembly over the past three years and where would the Assembly need to improve more? I have seen very substantial progress in PISG institution- building in general as well as within the Assembly in particu- lar. It is not easy for a newly born legislature to start functioning effi ciently from the beginning. There were many handicaps but I think that the Assembly deserves full credit for estab- lishing itself and for trying to achieve more. I also think that the Assembly has developed a certain maturity. I’m impressed with the dignity with which the Members approach their work.

As you are advising the SRSG on promulgating the draft laws, what is your impression on the quality of approved leg- islation? A number of laws could not be promulgated because they had certain diffi culties or required further action. I would say that there are some laws of reason- properly prepared. This again easy for the Assembly to get laws to be promulgated that able and comprehensive qual- delayed the necessary review all the European, constitutional create confusion for the judges ity which have been prepared of the legislation and did not and human right standards and inhabitants of Kosovo. We with the necessary input of enaqble the SRSG to promul- right within a short time. don’t want to leave a bad lega- experts. And there are some gate this legislation. There is cy behind. I am not saying that How consistent within the which are done rather poorly, room for improvement in the there are no inconsistencies, but overall framework are the possibly for political reasons. way that necessary expertise is we try to minimize the inconsist- laws that are being passed? In the past there has been a being utilized when legislation encies to the extend we know, sometimes unhealthy competi- is being draft ed. For instance UNMIK is still accountable for even if we probably know only tion between the Government in the area of commercial law, what is happening in Kosovo. the top of the iceberg. and the Assembly on who can it is clear that the Government Therefore we have a clear duty be seen to be working harder. and the Assembly benefi ted and responsibility to make sure You said that UNMIK is Some legislative initiatives from expert support. But it also that there is consistency in the responsible for the consistency were therefore not fully and needs to be said that it is not legislation. We cannot allow of the overall legislation. Does ASInewsletter 17 that include also legislation of In which way you think the Is this is also refl ected by an comprehensive review exercise transferred areas of competen- legislative fl ow will be aff ected improved communication with on the Constitutional Frame- cies? by this new situation of a coa- the PISG? work. We always made clear Yes, absolutely. Whatever law lition government facing an Yes, the situation has improved that the Constitutional Frame- comes into eff ect, it is in the opposition in the Assembly? considerably and the Assem- work provides for the Assem- end only in eff ect because it The idea of having a Govern- bly does not anymore like to bly to make specifi c changes was promulgated by the SRSG, ment on one side and parlia- pass laws that are not being and that they can discuss their regardless of whether it is mentary opposition on the promulgated. So we all learn proposals with UNMIK. But to reserved or transferred area. other refl ects what happens in from our mistakes and I think allow the Assembly to embark The SRSG is taking full respon- most democracies. Such model that there are now procedures upon a comprehensive review sibility for saying this and that usually brings more produc- which are becoming more effi - without invitation was not law is now ready for being on tive results. We see a new con- cient. We work hard to have a appropriate. The Constitutional the law books. fi dence on the Government side much bett er communication Framework had been endorsed that didn’t exist in the fi rst leg- with the Assembly and there is and developed as a result of a A recent OSCE report on islature. In the fi rst legislature also a willingness on the part of very comprehensive consulta- implementation of laws has the Government was never sure the Presidency to improve. The tion process which involved shown that a lot needs still to what was going to happen when SRSG made it a priority that all communities, key actors in be done in relation to subsidi- they sent a matt er to the Assem- we must work as partners, that capitals, the UNSC, the UNSG, ary legislation. How do you bly as there were no clear party we must be as constructive and USA and the EU. It therefore react to these fi ndings? loyalties and agreements. cooperative as possible. Not so represents a careful balance. A law that has been passed long ago, our concerns were not One of the issues discussed by the Assembly usually pro- What were the main problems taken into account or they were in relation to Constitutional vides the broad framework identifi ed by UNMIK OLA not properly communicated to Framework was the possible legislation on a subject matt er. in those draft laws that were the Assembly by the Govern- extension of the Assembly man- But when it comes to eff ective not promulgated or had to be ment, so the Assembly started date from three to four years. implementation it will depend resubmi ed to the Assembly discussions without being very much on the capacities for amendments? aware of the diffi culties. Maybe Before the elections there within the government and its The main problems that we we had some fault in not being appeared to be a consensus that ministries to provide eff ective look for are compliance with eff ective enough and for not this could happen. We indi- subsidiary acts. And obviously the UNSC Resolution 1244 and making sure that our concerns cated that UNMIK would have there hasn’t been the same zeal with the Constitutional Frame- were known to all in a timely no problems if there was an to make laws work as there was way. agreement within the PISG and when draft ing them and sub- work as well as the respect for the division of the responsibili- it was almost going to happen. mitt ing them to the Assembly. I In the last mandate the Assem- ties between the PISG and the But aft er the announcement of think it would be useful to give bly has adopted proposals the mid-year standard review more att ention to the whole SRSG. In recent times we are to amend the Constitutional the whole dynamic changed. area of subsidiary acts that are much more lenient in reviewing Framework. How do you look Now there was no interest any- necessary for the implementa- and lett ing legislation through. back to this? more on the side of the PISG tion of the laws. We do care about the quality but we are giving more and more It became a political exercise. in prolonging the term of the In this context there is a responsibility to the Assembly We knew that the Assembly Assembly which was aft er all great need for mechanisms because they are accountable was going to embark on – a provisional. of accountability. I don’t see for the laws they are producing. much interest on the part of We will stop legislation only if the Assembly to fi nd out what it is not compliant with Consti- happens with a law once it is Biographic note: passed and adopted. You need tutional Framework or UNSCR a review and monitoring mech- 1244. Mr. Borg-Olivier is a lawyer from Malta and has been the anism to see whether a law is Legal Adviser in UNMIK since 2000. He has been the driv- So this is a shift ? being implemented as the leg- ing force behind the development of the Constitutional islator intended it, whether it is This is a shift which comes from Framework. For much of his professional life he has served applied in the way the legisla- allowing the PISG to grow and in the Offi ce of Legal Aff airs in the United Nations Secretar- tor wanted it to be applied and to learn from its own actions iat in New York (since 1973) with a particular specialization whether the courts are inter- rather than us always interven- on constitutional rules and practices of the United Nations. preting and applying to it in a ing and saying you must do this proper way. and you must do that. 18 ASI newsletter Interview with Mr. Sherif Konjufca, spokesperson to the Assembly of Kosovo Increasing the profi le of the work of all Assembly Members

Interview by Edmond Efendija, NDI - 28 January 2005.

During your presentation to to write about activities that the Assembly Members in the actually never happened or induction course for the new publish insulting information Assembly on the role of your for the dignity of any of the offi ce, some remarks by the MPs, ministers or other citizen. opposition emerged, as no suffi cient time is allocated to What services can MPs expect cover the opposition activi- from your offi ce? ties? The Assembly Press and Infor- There is no important Assem- mation Offi ce in addition to bly event that is not covered by the daily Assembly activities the Assembly Press and Public – such as Presidency meetings, Information offi ce, regardless meetings of the President of of political affi liation of MPs, the Assembly, Members of the whether they belong to the Presidency, work of the com- majority coalition or the oppo- mitt ees – covers the activities of sition. In fact, our Offi ce invites parliamentary groups, operat- media to cover certain events ing inside the Assembly build- for most of the activities of the ing and the activities of indi- MPs, and always prepare press vidual members in the Assem- advisories for those events or bly. This information is distrib- activities. We consistently do uted to hundreds of addresses and is published on the web this, although the media are page of the Assembly, and the not always present. This is also Assembly Bulletin, which is distributd to diff erent offi ces published in Albanian, Serbian of international organizations and Turkish. present in Kosovo and NGO offi ces interested in the Assem- MPs should brief us on their bly activities. Our information activities, so we are able to releases serve many radios and invite media to cover activi- TV stations. ties, and our offi ce will prepare additional supporting infor- I understand the concern of mation. We have always been these MPs, as it is dissatisfac- open and ready to publish the tory to be in opposition. Most articles of any MP in The Bulle- of the jobs are carried out by tin or website. But MPs seldom the Government and Assem- responded to our request to bly majority, thus the criticism write on any issue which we and political batt les to gain the thought they are competent. constituents` sympathy remain This was, due to their work- to be carried out by the opposi- load, and due to the fact they tion. Our offi ce is always ready were more interested to com- to refl ect the activities carried municate with diff erent news- Has the Press and Information participation to the decision out by the opposition, but the papers, especially electronic Offi ce ever had any project making process? political batt les and activities media, or perhaps it was so as aiming at citizen awareness The constitutional Framework should be carried out by them- our offi ce possesses no budget building on the role of Assem- does not foresee the possibility selves. Our offi ce is not obliged to pay for the articles. bly and the ways of citizen of sponsoring a law by a group ASInewsletter 19 of citizens. Civil society organi- the diffi culties in establishing zations and groups of citizens institutions, and the diffi cul- Is the Assembly of Kosovo can instead prepare draft laws ties of their proper function- and introduce them through ing, hardly anyone thought parliamentary committ ees, par- about the worries of the civil ready for a liamentary groups, or a single society. However, in the second MP supported by another fi ve. part of the previous Assembly, “women’s caucus”? Another diffi culty is the lack of parliamentary committ ees held suffi cient seats to participate public hearings, and the voices Besa Luzha, to plenary sessions for guests of the representatives of civil Friedrich Ebert Stiftung (FES) and the great number requests society were heard. As you from international institutions know, these sessions are open Starting from the overall eff orts in Kosovo to participate in ple- and covered directly on TV. to empower the position of nary sessions. Journalists extensively inform women in all the fi elds of activi- The Assembly adopted the on the work of the Assembly of ties in Kosovo’s society, an idea Law on Access to Offi cial Doc- Kosovo. It would be convenient that is not new to the political scene comes in mind again. uments, which obliges local if draft laws been published The need for the formation of institutions to transparency, before their approval, but no a “women’s caucus” within the and soon the implementation such request was ever made. Assembly of Kosovo, a cross- of the Programme of Electronic However, this decision should parliamentary group whose documentation Archive is be taken by the Assembly Sec- mission would be cooperation about to start. This will serve as retariat itself, not by our offi ce. and a forum (why not a consen- a citizen’s eye into the work and During the fi rst phase of the sus) of all women parliamen- documents of the Assembly. Assembly work, it was strictly tarians over important issues, The Assembly has been visited forbidden by the Assembly sec- is evident with the increas- by diff erent citizens groups, retary (international) to invite ing demands from women were not found or did not work local and international students media to cover the meetings of politicians to have more active under certain circumstances. and they have been introduced parliamentary committ ees, nei- participation and more lead- and briefed on the work and ther was the staff of our offi ce ership competencies beside Powerful women caucuses organization of the Assembly. allowed to do so! Aft er the Rules their male colleagues. This are also somewhat of a new But apart from trainings of stu- of Procedures are adopted, par- “women’s caucus” would give phenomenon in legislatures dents from the Faculty of Law ticipation of the media in the an opportunity to all women of many countries. As more and those from the Political meetings is allowed upon the parliamentarians regardless to and more women are elected, Sciences, no project aiming at request of the respective com- their ethnic and political party they are successfully banding citizen’s awareness building on mitt ee chairperson. affi liation to initiate and defend together on a number of issues. There are various experiences the wok of the Assembly has their common interests, not in the region and in European ever been implemented. Is it true that the journalists only those that matt ers directly and other countries for such are given no agenda prior to to their group, but to all Kosovo bodies within the parliaments, Certainly, many civil society the session day of the Assem- citizens. organizations would have bly? some of them as real Parlia- Friedrich Ebert Stift ung (FES) mentary committ ees (as is the wished to articulate their It is true, detailed session positions prior to any law had supported the idea which case in Germany), some under- agendas are not given to the emerged from a roundtable approval, but the Assembly parliamentary group body and journalists, as they might be discussion with women parlia- in some of them as a cross-par- web page has no list of draft changed anytime at the start mentarians in early 2001, when liamentary group that would laws to be discussed in the of the sessions. But aft er every many parliamentarians and bett er fi t in the case of Kosovo. Assembly available, neither Presidency meeting, when the women politicians embraced any agenda of parliamentary The idea is in the place again, agenda for the next session is the idea of a women’s caucus groups? Why is it so? FES is ready to initiate and sup- decided, it is communicated to within the new Assembly of port the debate about the pos- Day by day, civil society organ- the media. In this way the jour- Kosovo. Despite all the positive sible forms and mechanisms of izations are being more and nalists who consistently cover eff orts and support from vari- functioning of such group, in more audible and their roles the work of the Assembly are ous organizations, the idea did order to increase the democratic more and more visible, so is updated on what is to be dis- not become reality. Obviously participation of women politi- their impact on the public cussed in the next session by the mechanisms for develop- cians in the political debate over opinion of Kosovo. Due to the MPs. ing this idea in a real project important issues for Kosovo. 20 ASI newsletter

ASI Mission Statement As the inter-agency coordinator of democra- tization programs to support the Assembly of Kosovo, the Assembly Support Initiative (ASI) seeks to strengthen and professionalise the Assembly of Kosovo in developing skills so that it may become a stable, functional and productive legislative assembly, operating in accordance with the rule of law and on behalf of all communities and citizens equally. Members of ASI will work to bring resources together in a common pool in the furtherance of this goal. The work of ASI will focus on a democratic political culture based upon knowl- edge of and respect for democratic rules of pro- cedure, transparency and accountability to the public, developing and implementing a legis- lative agenda, oversight over the Executive and respect for multi-linguality of the Assembly. As the inter-agency coordinator of support to the Assembly of Kosovo, ASI supports the Assembly via conferences and training, work- shops with the Committ ees, technical assis- tance on the legislative process, advise to the Presidency, Committ ees chairpersons and individual Assembly Members, working visits Assembly Members take the oath at the start of the second mandate of the Assembly to other parliaments, training for the legisla- of Kosovo. tive staff and interpreters of the Assembly. The work of advisers and consultants to the Assem- bly and its Committ ees is also part of the ASI- coordination. http://www.kuvendikosoves.org http://www.skupstinakosova.org Currently participating in ASI: http://www.assemblyofkosovo.org Friedrich Ebert Stift ung (FES), Friedrich Naumann Stift ung (FNS), Konrad Adenauer Stift ung, East- West Parliamentary Practice Project (The Neth- Pictures in this Newsletter: Assembly of Kosovo: pg. 1, 4; OSCE: pg. 2, 5, 6, 12, 15, 16, 18, 19 20; erlands) in cooperation with the Kosovo Institute EU: pg. 3, 13; Koha Ditore: pg. 9: Visar Kryeziu: pg. 10: UNMIK: pg, 11. for Policy Research and Development (KIPRED), European Agency of Reconstruction (EAR), United States Agency for International Development (USAID) in co-operation with National Demo- cratic Institute (NDI), United Nations Develop- ment Program (UNDP) in co-operation with the AASISI Inter-Parliamentary Union (IPU), Consortium of French, German and Belgian parliament, OSCE NNewsletterewsletter Democratization Department and the Assembly OOSCESCE MissionMission HeadquartersHeadquarters, 3800038000 PPristinaristina Secretariat with the active support of the Offi ce of TTel.el. (+381-38)(+381-38) 550000 116262 FFax:ax: ((+381-38)+381-38) 550000 118888 the Prime Minister, UNMIK’s Pillar IV (EU) and coontact:ntact: ffranklin.devriezeranklin.devrieze@@osce.orgosce.org the country offi ces in Pristina of Austria, Belgium, hhttp://www.osce.org/kosovottp://www.osce.org/kosovo Germany, Italy, The Netherlands, Switzerland, TThehe vviewsiews eexpressedxpressed bbyy tthehe ccontributorsontributors ttoo tthishis NNewsletterewsletter aarere ttheirheir oownwn aandnd ddoo nnotot nnecessarilyecessarily rrepresentepresent tthehe United Kingdom and United States. vviewsiews ooff thethe AAssembly,ssembly, OOSCESCE MMissionission iinn KKosovoosovo oorr thethe AASISI partnerpartner oorganisations.rganisations.