AASISI ASSEMBLY SUPPORT INITIATIVE osce Newsletter Mission in Kosovo December 2003, No 09

•Parliaments from South-East Europe meet in Sarajevo •Three parliaments support Assembly of Kosoovovo • Anti-discrimination Law under review 2 ASI newsletter

From the editor

Thank you, Friedhelm and Rita ! It was a remarkable scene that day, 3rd of October 2003 in Sarajevo. Parliamentarians from South-East Europe met in the “Konak” residence, the place where Franz Ferdinand, After two and a half years of dedicated work in Kosovo Crown Prince of Austria-Hungary, died in 1914. The assault on him was a crucial Dr. Friedhelm Frischenschlager is returning to Austria. moment prior to the First World War. Almost 90 years later and at the same place, As former Minister of Defense of Austria and former parliamentarians from the whole region, from Vienna to Sofia, from Tirana to Belgrade, Member of the European Parliament, Dr. Frischenschlager met to discuss common challenges in socio-economic development and poverty reduction. extensively contributed to the work of the OSCE Mission in Kosovo, first as head of the Political Party The Kosovo delegation, headed by prof. Daci, met colleagues from 10 other parliaments. The Division, afterwards as director of the Democratization multi-lateral framework of this conference, organised by OSCE, facilitated discussions in Department. He closely followed the developments in the the workshops at technical level, bringing in expertise of specialised Committees, including Assembly of Kosovo and encouraged the work of the from MPs from Kosovo and Serbia. Articles in this Newsletter give further information and Assembly Support Initiative (ASI). feed-back on this conference and its results, outlining the need for Kosovo MPs to further Also Rita Taphorn is leaving Kosovo. She worked more engage in direct dialogue on practical issues with their colleagues from the region. then three years in the OSCE Mission, first in the As this is the last ASI Newsletter for this year, one can find information on various Elections Department, afterwards in the Central Assembly capacity building activities with the Assembly, in particular a presentation of the support Support Team of the Democratization Department. With program of three parliaments, financed by the European Agency for Reconstruction (EAR). a lot of energy and enthusiasm she facilitated meetings You will also find interviews with and articles from various Assembly Members and from with Assembly Members and staff and substantially the Minister of Education who visited Germany together with the Assembly Committee on contributed to the co-ordination work with various parliaments, foundations and country offices. She has Education. been one of the driving forces behind the Assembly Support OSCE Democratization Department and all partner organisations in the Assembly Support Initiative (ASI) and is well respected by the Assembly Initiative (ASI) are committed to contribute to strengthen the Assembly. This Newsletter Members and staff. gives news on that. Your feedback is most welcome. Friedhelm and Rita, thank you very much for your contribution. Good luck in your further activities during the coming years. We hope that you will visit Kosovo also Franklin De Vrieze, in the future. Assembly Support Initiative Co-ordinator. ASI newsletter 33 Three parliaments support Assembly of Kosovo An 18 months European Agency of Reconstruction (EAR) support programme for the Assembly of Kosovo has now become operational. A consortium of three European parliaments, including the French Assemblée Nationale, the German Bundestag and the Belgian Chambre des Représentants, together with the Institut International de Paris La Défense is entrusted with carrying out the programme. A team of experts headed by Mr. Nicolas Maziau, Professor of Public Law in France, has recently taken up its work. ASI spoke to him and two of his team members, Mr. Alfred Drescher, former Head of Personnel in the German Bundestag and Prof. Heinrich Grosse-Sender, former Secretary General of the Landtag of North-Rhine-Westfalia. Interview by David Buerstedde, Office of Political Affairs of the OSCE Mission in Kosovo. First of all, Prof. Maziau, of society. The aim is also associated the Consortium. On the tell us about the team that not only to bring relevant the German Bun- Assembly side, Prof. Fatmir will be implementing this experience to the Assembly destag and the Sejdiu represents the As- project? but also make sure that Spanish Cámara sembly Presidency and Mr. de los Diputados. Nicolas Maziau: The team the Assembly maintains Ysuf Demaj the Secretariat. There has been consists of the Team leader, and enhances its links with The Advisory Board will quite a number of three key experts, two of Kosovo civil society. As for meet every three months such multi-lateral them are with us today the international experts, to review implementation initiatives taking and a third, Mr. Peter it is interesting to mention of the project. place over recent Vanhoutte, former mem- that all experts involved years. What, then, are the main ber of the Belgian Chambre in the project are civil ser- vants, mostly from the aims of the support prog- des Représentants will be What have you ramme? tasked with all procu- three parliaments involved done so far? in this project. The fact N.M.: Apart from the re- rement and logistics issues. N.M.: So far we that they are not private furbishment of the Assem- The Team also includes have held con- bly premises, the progra- two local administrative consultants as is often the sultations with assistants, two transla- case with programmes run local and inter- mme offers technical as- tors/interpreters, and one by the European Union national intere- sistance to the Secretariat local legal expert whose will certainly bring a dif- Departments. In the De- Prof. Nicolas Maziau sts, most impor- primary task will be to ferent approach to rela- tantly of course partment of Administra- check Kosovo legislation tions with Assembly good memories and sym- within the Assembly itself. tion assistance will be for compliance with Euro- members and staff. The pathy for Kosovo and its We have encountered a provided on personnel, pean standards. In addi- experts are people that Assembly. great willingness to work budget and procurement tion, we will also be wor- are embedded in their with us and are very and in the Department of Does the consortium of par- king with international respective institutions at pleased with the support Legal Affairs efforts will be liaments you represent have and local short-term ex- home, which will allow we have received so far. concentrated on the Table any other experience of this perts. the Assembly to learn from We are also thankful to Office and the Committees sort of work in Southeast first-hand experience but the Advisory Board that Support Section. This will Who are the local experts, Europe or other places? also help establish relations has been created to give also involve an overhaul who the international ex- that will hopefully remain N.M. As a matter of fact, guidance to our work. of existing rules and perts you will be consul- close even after the current we do. In 1996 the French further elaboration of the ting? project is completed. I Assemblée Nationale was Who is represented on the Assembly’s internal regu- N.M.: We are in the process sincerely wish and expect involved in a similar EU Advisory Board? latory framework with the of identifying local experts that the short-term experts assistance programme for N.M.: Members include aim of enhancing efficiency from the academic com- will return to their res- the first time. It related representatives from EAR, and improving the pro- munity and other sectors pective institutions with to the Russian Duma and the European Office and cessing of legislation but 4 ASI newsletter also to enhance the As- have no agenda of our where we will stand ready campaign and therefore our project is that it sembly’s financial and ad- own. Our task is to help to assist. Also, we hope not otherwise available in extends beyond next year’s ministrative autonomy. improve the functioning of to see the Assembly make the period prior to the elections. the Assembly. Of course, Alfred Drescher: I would more use of its right to elections. On the other any decision that is taken Other organisations co-or- like to emphasise how initiate its own legislation hand the elections period upon our advice might dinated through ASI have vitally important it is for as has been the case with will offer the opportunity become a political issue been lending support to a functioning democratic the Gender Equality draft to work more closely with even though this would be the Assembly since its in- system that the legislature law. the Secretariat staff. In unintended. There is one ception. How will you en- is independent of the exe- addition, the elections will issue, however, which is Co-operation with the sure that your activities cutive. This also goes for focus minds and efforts close to our heart, and Government is one issue. will be complementary to the training of Assembly How do you assess the will be made to make will almost certainly in- ASI’s efforts? Secretariat staff. Any self- volve some tough political Assembly’s relations with sure that the newly elected respecting Assembly will choices. That is to make UNMIK? Assembly will be able to N.M.: ASI has done a want to train its staff ac- count on an Assembly lot over the past years sure legislation is comp- N.M.: There is clearly room cording to its own rules. and we have benefited tre- liant with the acquis com- for improvement. How- secretariat that has sig- Will changes to the inter- munautaire, the body of ever, this is mostly a nificantly enhanced its ser- mendously from the ex- nal rules of the Assembly rules developed by the political problem outside vices. For the period after perience and institutional also involve changes to the European Union the ac- our limited influence. To- the elections we will memory of the organisa- Rules of Procedure? ceptance of which is re- gether with the EAR Sup- prepare an induction tions that are involved quired of all those wishing course and an orientation in this initiative. We are Heinrich Grosse-Sender: port Team in the Office of to the join the EU. now participating in ASI The Rules of Procedure are the Prime Minister, we will guide for the new As- central to the functioning Should it not be the Gov- be working on possibilities sembly members - so you deliberations on a regular of any Assembly. From ti- ernment’s responsibility to to improve relations bet- can see that the elections basis, not simply to ex- me to time they have to be makes sure a draft law ween all institutions that have become part of our change information but adjusted as parliamentary is in line with the acquis play a role in the processing planning process. One of also to develop joint pro- practice evolves. We know when introducing a draft? of legislation. As with the the great advantages of jects. Government there that the Assembly’s Rules H.G-S.: Of course, if it needs to be clarity have been the subject of is the Government that as to when UN- intense debate over the past proposes draft legislation, MIK intervenes in year. We have not been a it needs to live up to party to this debate and do its responsibilities and its the legislative pro- not wish to take sides but declared objective to eve- cess. will make comments from ntually join Europe. As How will next ye- a functional point of view you will know EAR is ar’s elections af- as appropriate. also running a support fect your support The Rules of Procedure have programme in the Office programme? Do become a very political is- of the Prime Minister that you foresee any sue. You might be forced puts emphasis on the need difficulties? to adhere to the acquis. It to give advice on other po- H.G-S.: The only litically sensitive issues. will be crucial to enhance co-operation with the Go- inconvenience we How will you deal with foresee is that As- this? vernment on all legislative initiatives. However, it is in sembly members N.M.: Our role is technical, the Assembly that drafts might be busy not a political one. We turn into laws and that’s with the election Prof. Heinrich Grosse-Sender and Mr. Alfred Drescher ASI newsletter 53 EDUCATION COMMITTEE VISITS GERMANY The Konrad Adenauer Foundation (KAS) has expanded its educational programme of advice and expertise to Kosovo by specifying that responsibili- ties and competencies are handed over from UNMIK to the local authorities. This transfer process was supported by KAS through an invitation to the members of the parliamentary Committee for Education, Science and Technology, the Minister for Education, Science and Technology Mr. Rexhep Osmani, and the Assembly President, Professor Nexhat Daci, to pay a one-week visit to Berlin, from 20 to 27 September 2003. Dr. Bernhard Lamers, Konrad Adenauer Foundation, Head Regional Office An essential and significant ropeanization of university as the visit to Community regarding Ko- sector for the further devel- education lays ahead in all the Adlershof sovo’s future. A visit to the opment of every society of Europe. Special focus Technology Foreign Ministry offered an is education and research, was given to the role of Center in Ber- opportunity to continue the which is now part of the the Government and the lin completed intensive dialogue between jurisdiction of the com- Parliament regarding the the program- Germany and the Kosovo petent Minister and the development of new edu- me. Lessons Assembly of Kosovo. The representatives. cational structures, when learned of the goal of KAS’s Expert and transforming the former For most of the partici- foundation of Advisory Programme in socialist education system pants, this was their first the Technol- Germany was to enable the of East Germany in to visit to Berlin. The concept ogy Center parliamentary committee, a modern system. Practi- of the visit - to combine Adlershof the Minister and Assembly cal political experience was expertise and practical site were very si- president to have talks and given by Professor Schipan- gnificant for visits - was very positive discussions with various ski, Minister of Science of the Kosovo and productive, due to the experts and politicians of the Thueringen Province Assembly fact that various Assembly different German political and by the former UNMIK parties and to get an members Members have been work- representative for Educa- impression about the inter- ing in the field of educa- tion, Schools and Universi- since a similar action between the execu- tion. Based on our German ties, Mrs. Steffie Lamers. center is plan- tive and legislative powers. ned to be built experience, the specific sit- The participants also gained The study visit also entailed in Prishtine/ uation in the multi-ethnic an insight into the discus- site visits to educational Pristina. city of Berlin and the result- sion and reality in the area institutions and discussions ing challenges for integra- detailed presentation of the The Assembly members of educational politics in with teachers and direc- tion turned out to be a very so-called “Dual System”, also had the opportunity Germany. tors about practical devel- useful “laboratory” for the which combines practical to talk to a number of pol- Introductory reports pro- opments, problems and issues that are to be solved and school education. As- iticians; among them MPs vided an insight into the experiences in the German in Kosovo today. sembly members will most from the Christian Dem- discussion in the field of school system. Delicate certainly not forget the visit The successful realization educational politics and the questions such as the inte- ocratic Party (CDU) Peter to an elementary school organizational structure of gration of foreign children Hintze, Peter Weiss and of the programme encour- class in which 15 children the educational system. The into the German school Dr. Pflueger in order to ages the Konrad Adenauer from 12 different nations goal to perform education system or conflict mana- get an impression about Foundation to continue its peacefully learn German as the development of the gement among pupils were the political developments engagement in Kosovo in personality of the students discussed. The vocational together. in Germany and express the area of education thro- was stressed. Based on the preparation of young peo- A visit to the Technical Uni- their political expectations ugh advice, seminars and “Bologna Declaration”, eu- ple was discussed through a versity of Dresden, as well towards the International dialogue programmes. 6 ASI newsletter Ensuring quality and starting reforms in educational sector Mr. Rexhep Osmani (LDK) is the Minister of Education, Science and Technology in the Kosovo Government. He has been one of the key-figures involved in education for over a decade. Now we visited him in a different setting in a real ministerial cabinet, as a Minister. He has many challenges ahead. First, he has to push through reforms in education and repair the intellectual damage caused by the long years of apartheid; and second to ensure recognition by all communities of his Ministry. Interview by Edita Buçaj and Rita Taphorn, OSCE Q. Mr. Osmani, what is the importance of your latest visit to Germany? How do you apply that experience in Kosovo? A. We visited Germany from 17 - 27 September and initially participated in a conference of European ministers on higher edu- cation, which was a very important meeting for Ko- sovo. It was the first time that Kosovo participated in a highlevel conference of Ministers, though in the capacity of observer. At the follow-up con- ference, which is to be held in Bergen, Norway in 2005, Kosovo will be accepted as a full-fledged member of the Bologna Process, which is refor- ming the University sys- tem. Kosovo will make efforts to meet the criteria in order to be a member of this process - to ensure quality in higher edu- cation - and to begin re- In front of the parliament of Lower Saxony (Germany): Ms. Venera Llunije, Ministry of Education; Mr. Rexhep Osmani, forms in the University of Minister of Edcuation; Mr. Juergen Gansauer, president of the Parliament of Lower Saxony; prof. Nexhat Daci, president Pristina. of the Assembly of Kosovo; Ms. Rita Taphorn, OSCE; and Ms. Zoja Osmani, Assembly of Kosovo. ASI newsletter 73 The visit to Germany was A. The ministry has a here the Serb community. A. The textbooks cannot Kosovo and the Ministry facilitated by the German development strategy for But they do not want be provided before the cur- of Education? Konrad Adenauer Foun- 2003-2007, and it is being to communicate with or ricula. We have compiled A. The Government of Ko- dation and supported by implemented in different recognize the authority of the curricula and now we sovo operates as one. It is a have opened a competition OSCE. Together with the segments, such as prog- the Ministry of Education. coalition government and to provide us with texts Assembly’s Committee of rammes, textbooks, tea- Consequently it is difficult so far there were no major to offer help to someone and let’s see. Textbooks Education, Science and cher training and working problems and I think that who does not recognize can be prepared in Kosovo Technology and Assembly to improve the educational we have a good working you. but for some subjects such President Professor Daci, I system at all levels for all relationship. This is also as history, literature and was part of the delegation, ethnic groups in Kosovo. true for the Prime Minister Q. Who should then take subjects that are culturally which paid visits to the too, even with recent ten- Q. Does this apply to the lead for this important for their iden- German Bundestag and sions surrounding the is- the University in northern initiative? And where do tity, can also be used from Foreign Ministry. We had sue of dialogue. The Prime Mitrovica too? you see your role, as a other countries, provided the chance to meet various Minister does not interfere Ministry, in this effort? they are in the native lan- parliamentarians as well A. All minorities have been as some of his political guage. as education experts who integrated into this system A. It should be a task advisers were interfering spoke about the German and have accepted the of both, the highest in- when the Ministry was Q. How can they use bo- education system. This development and teaching stitutions of United Na- just beginning. He has oks from outside when the was useful for the As- programmes of the mini- tions and the Serbian Go- realized now that the Kosovo history books are sembly Committee and for stry, except the Serb mi- vernment itself, which being required to change? Minister and the Ministry us in the Ministry, as nority, which operates in should stop on operating is responsible for the field we became familiar with parallel. In northern Mit- these structures. The Mi- A. This issue has been of education and not the nistry has created con- the problems, concerns rovica the parallel system exaggerated by the media Office of the PM. and good experiences that is still operating, as the ditions for them all to be for its own interests. We Germans have in their OSCE latest report stres- connected into the sys- act in the spirit of criteria Q. What has been the system. sed, and that causes se- tem. We pay salaries. New set by Council of Europe to focus for donations from curricula have been com- amend history textbooks Upon invitation of the rious problems. The World Bank and “Ko- piled in four languages or devise new history texts President of the regional sovo Educator Develop- (Albanian, Bosniac, Ser- without inflammatory or parliament of Lower Sa- Q. Should the Ministry ment Project”, KEDP? approach this problem as bian and Turkish). The hate speech. This is all, xony, Professor Daci and The World Bank has gra- it has the authority and Ministry therefore offers which is acceptable for us. myself also held various salaries, but expects ser- nted $4.5 million, so far competencies to do so? Contrary to media sta- meetings in Hanover, dis- vices, the Serb minority tements, we will decide benefiting 10 schools. The cussing concrete projects A. The Ministry cannot did not accept them. ourselves what will be the pilot project, to encourage of support in the field of approach problems which language in the history school attendance has en- education. need to be solved at the Q. But the Serb com- textbooks for our children, ded. KEDP has informed political level - by UNMIK, munity is complaining not only for the Kosovo us that it will continue Q. Does the ministry have the Assembly and the go- about the lack of text- Albanians but all mino- their project until 2007, a clear policy on educa- vernment. The ministry books in their language? rities living in Kosovo. with the budget of $4.5 tion in Kosovo? Including has tried to give its con- How soon can the Minis- million, most of it going all communities and le- tribution, and to help the try provide them with Q. How are relations bet- to Kosovo but also some vels? communities, including textbooks? ween the Government of to Serbia. 8 ASI newsletter “Kosovo’s Criminal Legislation is a model for South East Europe” Interview with Arsim Bajrami, Chairperson of the Committee for Judicial, Legislative and Constitutional Framework Matters Interview by Edmond Efendija, NDI and Franklin De Vrieze, OSCE Mr. Bajrami, what is the monization of Kosovo laws these laws? Are there new main role of the Committee with EU laws? and progressive elements you chair, and has this ro- Despite the fact that we in these two laws? le been fulfilled? check whether Kosovo laws I think that the Criminal The Committee for Ju- are based on European sta- Law and the Law on dicial, Legislative and Con- ndards, I think that we Criminal Procedure, are the stitutional Framework Ma- still need assistance from most important laws that tters has as a primary international experts. The the Assembly of Kosovo function to look at the experts would help the has adopted thus far, and constitutionality of the la- Legislative Committee, but laws which the co-opera- ws adopted by the Assem- also the Government and tion between internatio- bly of Kosovo and how Assembly to assess the nals and nationals was at these laws conform with compliance of these laws its best. One of the most European standards. So, and other acts with Eu- important things regarding first we check if the laws ropean standards, since we these laws is the fact that adopted are in compliance need further training and Kosovo for the first time with the Constitutional instructions on European has the Law on Criminal Framework, and we also standards in the field of Procedure. On the other make a routine review of legislation. I believe that hand, the Criminal Law is a the fulfilment of inter- the initiative taken by the modern law released from national standards. European Agency for Re- all ideological elements seems that the Government sed on the Constitutional construction is very welco- contained in previous laws One of the main challenges is doing the same thing. Framework. It is not an med and it will help the and a law that aims to for the Assembly in the What is the relation bet- effort to challenge UNMiK Assembly of Kosovo to ad- be a real model to South- coming years is to ensure ween Assembly and Go- or to unilaterally take over opt laws, which are to- East Europe. I hope that the compliance of adopted vernment initiatives? Was UNMiK competencies, but tally compatible with Eu- once we start with its imp- laws with European stan- any co-ordination envi- I would say a very serious ropean laws and accelerate lementation, the basis for dards or EU “Acquis Com- saged? What are the main offer by the Assembly of the process of Kosovo inte- a better functioning of the munautaire” - since Koso- points planned to be chan- Kosovo to start a dialogue gration into Europe. judiciary will be created. vo aims at the integration ged and what’s the time- with UNMiK and to create into Europe. Our perception The Criminal Law and It is known that Kosovo frame? a constitutional backgro- is that, so far, this has not Law on Criminal Proce- Provisional Institutions of As it is known, the Assem- und to gradually transfer happened. Similar, it also dure were promulgated. Self-Government are pre- bly of Kosovo has taken the competencies to Kosovo seems that the Government The Assembly gave a con- paring the proposals for the initiative for proposing institutions. On the other doesn’t always make such siderable contribution du- amending the Constitutio- amendments to the Cons- hand, changes in Constitu- corroboration. How do you ring their review. Which nal Framework. Your Com- titutional Framework and I tion are in fact in com- see the role of Assembly as issues do you consider mo- mittee has created a Wor- consider that this initiative pliance with Resolution a “guarantor” of the har- re important in relation to king Group, whereas, it is absolutely legal and ba- 1244 and Constitutional ASI newsletter 93 Framework, which provide I think that current reser- that people of Kosovo, at vations of UNMiK are a a latter stage, should be consequence of their fears Working visit to the Netherlands able and ready for the final that Kosovo institutions The East - West Parliamentary Practices Project (EWPPP) organized a visit of a definition of Kosovo status. are trying to unilaterally delegation from the Assembly of Kosovo to Holland, from 18 - 23 October 2003. As far as the constitutional take over the reserved Sadik Idrizi, spokesperson, Parliamentary Group “Other Communities” reform is concerned, I think competencies. I stated pre- that it aims to reach three viously that each amen- A delegation comprised was to support parlia- major goals. First, to create dment in the Constitutional of representatives of all ments of newly estab- the constitutional basis for Framework will be dis- parliamentar groups vis- lished democracies in Cen- further transfer of com- cussed with UNMIK. This ited the Dutch Parliament tral and East Europe, as petencies, not only those is because, in the end, it is and Assembly, as part of well as the former Soviet provided by chapter 5, the SRSG, who will decide the EWPPP programme Union. but also, I would say, on the amendments, but “Aspects and Techniques EWPPP develops and imp- those provided by chapter I hope that UNMiK will of Parliamentary Democ- lements programmes in 8, i.e. responsibilities that have a pragmatic approach racy”, which supports the cooperation with local can be prejudiced without towards this process, since Assembly of Kosovo. parliaments to assist the prejudicing the final status. it is known that apart Current and former mem- parliaments in impleme- The second goal is to pro- from the already fulfilled nting organizational pro- vide the opportunity to bers of the Dutch Parlia- obligations, UNMIK is also ment and Senate hosted cedures and political is- Kosovo institutions to achi- responsible for the func- eve progress in fulfilling Kosovo Parliamentarians. sues in a democratic spirit. tioning of an efficient and In total, four meetings More than twenty par- standards before status. I substantial governance consider that current limi- were held where a number liaments of countries in and, I would say, facilita- ator Eimert van Middel- ted competencies inhibit the of key topics on the par- transition are included in tion and acceleration of the koop and a group of par- move forward. Obtaining liamentary system were this project. processes aiming at a final liamentary journalists. new competencies will ena- held. These included a co- This specific programme solution. I believe that these ble us to move faster mparison of Dutch and The Kosovo delegation had was funded by the Dutch changes in Constitution towards fulfilling the stan- Kosovo parliamentary sy- also a meeting with Fran- Ministry of Foreign Affa- will push the process of in- dards, particularly now stems, their representa- cois W. Weisglas, president irs, and will last through ternational administration when we have an idea tion of parties in the of the House of Represen- 2005. further to the third stage how to operationalise stan- parliament, transparency tatives of the Dutch Par- All members of the Kosovo and I would say the final dards. This way, the res- and parliamentary flaws. liament. The delegation delegation shared the im- stage. That is why, I believe ponsibility can be shared Members of Kosovo Par- visited the Dutch Min- pression that this visit that we must continue and in a way a timeframe liament also attended a istry of Foreign Affairs was very successful and our co-operation with UN- could be set for obligations meeting of the Dutch where they had a dis- valuable. As a part of MiK and we should avoid that lay with the Assembly House of Representatives cussion with Jan-Lucas this project, in spring misunderstandings and te- and Government for achie- where they had an oppor- van Hoorn, director of the 2004, a delegation of the nsions, which are totally ving the required progress department for South East unnecessary. tunity to observe the Dutch Parliament will in fulfilling these stan- manner in which a par- Europe and East Europe. visit Kosovo. It is also dards. liament with a long par- EWPPP, the event’s orga- planned that in autumn UNMiK representatives Website for Kosovo’s Criminal liamentary tradition oper- nizer, was founded in 2004 a delegation from had some reservations ab- Code and Criminal Procedural ates. 1990 as a joint initiative the Assembly of Kosovo out this initiative. In this Code is: This was followed by a of the European Culture will visit parliaments in regard, how do you see www.unmikonline.org/ visit to the Dutch Senate, Foundation and the Ford some of the countries in future developments? regulations/2003/re2003_25.pdf and a meeting with Sen- Foundation. Its purpose transition. 10 ASI newsletter Parliaments: Advocates of the citizens Parliaments from South-East Europe gathered in Sarajevo from October 2-4 to discuss common development issues and ways in which they, as legislators, can engage in the policy-making debate. The focus of this regional conference, organized by a number of OSCE missions and institutions, was the role of parliaments in overseeing human and economic development and holding the executive accountable. Sven Lindholm, acting Spokesperson of the OSCE Mission in Kosovo A democratically elected common conflicts, and a tackle poverty. Yet the Kosovo to meet - at an the discussions and suggest parliamentarian is both an common history,” said Na- challenge lies in making equal level - colleagues that Kosovo also need advocate of the citizen and tasa Milojevic, a member of the strategy real, dealing from all neighboring pa- devise an action plan. He a backbone of a govern- the National Assembly of with budget implications. rliaments. The eight mem- also wished to give the ment’s legitimacy, stre- the Republic of Serbia, and “The first step is to see how ber multi-party Kosovo message that such contacts ngth and prosperity,” said its Committee on Poverty the strategy can be included delegation was headed by have to continue in the Prof. Nexhat Daci, President Ambassador Robert Beec- Reduction. in the budget, and then future. of the Assembly. roft, Head of the OSCE “We are forced, more or implemented,” said Robert Mission to Bosnia and Her- less, by poverty to rely on Ceku, a parliamentarian Haki Shatri, chairman of The Regional Dimension zegovina, and the host of the Budget Committee, each other.” from the Republic of Alba- What became clear thro- the conference. gave a well received contri- Why should parliaments nia, and member of the ugh discussions is the bution on Kosovo’s expe- In this role, parliamenta- be involved? While there is Committee on Economy, region’s long-term security riences in economic tran- rians can also build chan- a gap between what par- Finance and Privatization. and development is linked. sition while trying to de- nels of communications liaments can do and should “We are aware that wi- Regional cooperation can velop a social security sys- with other governments to do, poverty is a social issue. thout the necessary finan- tem. His contribution ini- begin to facilitate an un- not only find solutions to It is not merely one of cial resources the strategy tiated a lively debate with derstanding of social and common problems but also economics, but also one of could fail.” parliamentarians from, economic policies as similar play a constructive role in human interest. A series of parallel work- amongst others, Serbia. issues needing common reducing tensions in the shops were also held on stances. The Sarajevo Conference The Kosovo delegation used region. government-parliament made reference to many the opportunity to explore “We should establish a relations, the parliament’s of the ongoing processes the policy questions and network of us - first of Economic Development/ role in supporting private affecting the region. Par- practical issues of human parliamentarians and go- Poverty Reduction ticular attention was given enterprise and their role and economic development vernmental authorities - South-East Europe is a to the Poverty Reduction as a policy forum and as they have been dealt because the experiences are dynamic area with enor- Strategy Process (PRSP). legislator. The workshops with in the region. the same but the differences This is a multi-dimensional offered expert contribu- mous potential. It is going “We took the time to get can be found between the approach to poverty reduc- tions on human resources, through a considerable to know each other and size of the market and tion strategies, involving economic development and process of economic, social establish some form of the development of the broad participation by poverty reduction. and institutional transi- co-operation, while recog- market,” said Natasa parliaments, civil society tion. According to studies nizing each other’s social Milojevic. by the World Bank, this and the private sector as The Kosovo Perspective and economic problems,’ A mutually shared view has had a negative effect on development partners. The Inter-Parliamentary said Shatri. Upon the de- among participating parlia- the region’s development. Both Serbia and Albania conference offered an op- legation’s return to Kosovo, mentarians was the need “What we have in common have already begun deve- portunity for a delegation Shatri stated that he would to further intensify regio- are common problems, loping long-term plans to from the Assembly of inform the Assembly of nal cooperation through ASI newsletter 113 information sharing ini- Macedonia, explained: “I from sharing experiences to man dimension commit- nia and Herzegovina, the tiatives on issues such as am sure there are benefits draft better legislation and ments with the economic OSCE Mission to Serbia economy, poverty, reduc- from regional cooperation deal with common social and environmental dimen- and Montenegro, the OSCE tion, environment, health because the experiences of and economic issues on sion. It provided an oppor- Mission in Kosovo, and care, energy, and a host of countries that have already a regional level. Learning tunity to help strengthen OSCE Presence in Albania other issues. gone through this tran- from each other can never institutional support for are all currently implemen- This can also extend to sition are very useful to be valued enough. elected parliaments, and ting capacity-building pro- ‘lessons learned’, as Angel us.” enhance their capacity to jects with parliaments. Dimitrov, a parliamenta- Regional cooperation is The OSCE Perspective participate in debates on These missions, as well as rian from the former something indispensable. The Sarajevo Conference policy choices. the OSCE Spillover Mission Yugoslav Republic of Parliaments can benefit combined the OSCE’s hu- The OSCE Mission to Bos- to Skopje, are preparing 12 ASI newsletter follow-up initiatives, with increased support to par- liamentary work as well “Need for Political Consensus in as encouraging bi-lateral and regional parliamentary Combating Poverty” meetings and other par- The Sarajevo Conference on 2-4 October 2003 was attended not only by members of the Assembly of Kosovo, liamentary support prog- but also by parliamentarians from Albania, Macedonia, Romania, Slovenia, Serbia and Montenegro, and rams. Bosnia and Herzegovina. Additionally, the Office for Zylfije Hundozi, AAK, Member of Delegation to the Sarajevo Conference Democratic Institutions and Human Rights (ODI- All these states have gone Discussions were held in an through a major period open atmosphere. Parlia- HR) expressed its willin- of transition. And this mentary representatives gness to offer its significant provided a good oppor- agreed that a political con- expertise to parliaments on tunity to learn more about sensus should be reached human dimension issues. the activities of their Parlia- and a general plan for ments in both plenary meeting the international Conclusion sessions and in working standards should exist in At the end of the con- groups. In particular, it order to: launch and imp- ference, Ambassador Pascal was interesting for us to lement market economy Fieschi, Head of the OSCE learn more about the ways reforms, establish democ- through which they fou- ratic institutions that have Mission in Kosovo, presen- ght poverty and developed adequate monetary and ted the statement of orga- their strategies for reducing fiscal policies, adopt laws nizers, summarizing the poverty. Slovenia has which will guarantee findings of the conference. successfully accomplished foreign investment, as well “Regional co-operation is the criteria for the tran- as further integration of possible as South East Eu- sition period. Therefore, the region in the Euro- rope shares common issues after creating an indepen- -Atlantic structures. It was and goals,” said Ambas- dent state they managed to roved services, and, in turn, the preparation of the concluded that the eco- sador Fieschi. “This forum reduce the unemployment reducing poverty. long-term strategies for nomic development and can be considered a step rate and complete the We also had the oppor- economic development and the fight against poverty in further involving par- privatization process. tunity to inform other security, due to the un- are closely connected and liamentarians to tackle and In the Conference delibe- participants in the working determined status of Ko- dependent on the func- tioning of the rule of law solve the problems in the rations it was also said that groups about the activities sovo. the Parliament should have of the Assembly of Kosovo and good governance. region.” Regional cooperation and close cooperation with the and the Government on The conference was suc- efforts for faster integ- The hope is that the mo- civil society in order to their joint action against cessful and we welcomed mentum gained from the monitor policies for stra- poverty, through the (in- ration enable the constant the commitment of the conference will push re- tegies to reduce the level troduction) of laws, which combat against the poverty OSCE, to continue with gional parliaments to foster of poverty. The Parliament will at least slightly imp- and thus, the struggle their assistance towards dialogue and closer co-ope- should have control over rove the social welfare in against other challenges enhancing the regional ration, and realize human the executive branch to Kosovo. Moreover, we infor- easier to conduct such as: cooperation and strengthe- and economic development make sure that the applied med participants about the fighting corruption, traf- ning the role of Parlia- for the region. policies lead towards imp- difficulties we face, during ficking and HIV/AIDS. ments. ASI newsletter 133 Recent developments in the Assembly During the last two months, the Assembly of Kosovo held intensive debates, took decisions and initiatives and passed legislation, vital for Kosovo society. Following is an overview of recent political developments in the Assembly, from mid September till mid November 2003. Franklin De Vrieze Pristina-Belgrade dialogue on an equal footing. Con- debated in Assembly trasting with the views expressed by his Kosovo Following the EU-Balkan Albanian colleagues, Mr. Summit in Thessaloniki Dragisa Krstovic, head of (June 2003), when direct the parliamentary group of talks between Pristina and Coalition Return (KP), stated Belgrade on practical issues that negotiations between had been endorsed, the new the PISG and the Union Special Representative of the of Serbia and Montenegro Secretary General (SRSG) offered a real chance for im- Harri Holkeri started consu- provement in interethnic lations in preparation for relations and living con- a meeting to take place ditions in Kosovo. Mr. Sadik in Vienna on 14 October Idrizi, speaking on behalf 2003. The participation of of the parliamentary group the Kosovo Provisional Ins- of “Other Communities” titutions of Self Govern- (OC), stated that his group ment (PISG) in the dialogue would support the majority was subject of intensive view on dialogue but would debates for several weeks. Prof. Nexhat Daci, President of the Assembly, speaks to the press following the opening session of the dialogue on practical issues in Vienna on 14 October 2003, along with Dr. want to make sure that the From August on Prime Mi- Ibrahim Rugova, President of Kosovo. OC would be adequately nister Bajram Rexhepi exp- represented, if dialogue took ressed his view that talks consensus on the issue of Kosovo (LDK), recalled that speaking on behalf of the place. The debate remained with Belgrade could not the dialogue.” representatives of Kosovo parliamentary group of the inconclusive. begin without a decision of On 2 October the Prime institutions in the past had Democratic Party of Kosovo On 8 October, representa- the Assembly and without Minister addressed the As- said that they supported (PDK), similarly asked whe- tives from the five country a consensus on the start sembly of Kosovo on the dialogue with “all neigh- ther the timing was right. offices that make up the of the dialogue. In fact, issue, reiterating that the boring countries” and that He said that the PISG lacked “Quint Group” and the on 15 September he stated Government would not the Assembly had no reason sufficient competencies. Mr. SRSG held a five-hour me- that “the real danger in participate in the talks wi- to be against dialogue. He Ramush Haradinaj, the Alli- eting with President Ru- the prospective Pristina- thout prior endorsement on noted that some of the ance for the Future of gova, Prime Minister Re- Belgrade dialogue comes not the part of the Assembly. items on the agenda for the Kosovo (AAK), suggested xhepi, Assembly speaker from the talks themselves, Mr. Sabri Hamiti, head of dialogue did not fall within that the Assembly declare Daci, AAK leader Haradinaj but from disunity in Kosovo the parliamentary group of the competencies of the independence so that Koso- and PDK leader Thaci. The and a lack of internal the Democratic League of PISG. Mr. Arsim Bajrami, vo could engage in dialogue Kosovo Albanian leaders 14 ASI newsletter tabled a proposal for more sovan leaders were unsuc- Kosovo Protection Corps plenary discussion reference ters, stated that “the process transfer of competencies cessful, leaving the Koso- (KPC) Commander Agim was made to the recent of changing the Cons- and the creation of res- vo delegation without rep- Ceku. Following a telephone OSCE-report on the func- titutional Framework is le- pective Ministries as a resentation from the Go- conversation between SRSG tioning of parallel insti- gitimate and a very const- prerequisite for supporting vernment. However, Pre- Holkeri and the Slovenian tutions in Kosovo. ructive offer of the Kosovo the dialogue. However, no sident Rugova was joined Foreign Minister, in which Institutions towards UN- decision regarding the dia- by the Assembly President the SRSG explained that Changes to Constitutional MIK to accomplish its mis- logue was taken. Diplo- Nexhat Daci in forming the arrest warrant was Framework advocated sion successfully.” With the matic pressure to receive the Kosovo delegation to unlawful since it was issued The Assembly plenary ses- exception of Coalition Re- consent for participation Vienna. by an illegally operating sion on 30 October 2003 turn (KP), all parliamentary parallel judical system, Ge- gave green light in the dialogue mounted, The launch of the dialogue neral Ceku was released to a proposal to pointing at the need to talk took place in Vienna on in the early hours of 23 create an Assem- to all neighbours if Kosovo 14 October, as scheduled. October. bly Working Gro- wants to become part of The two-person delegation up to recom- Europe. While the SRSG on the Pristina side was The same day the Assembly hinted that the Assembly’s of Kosovo issued a formal mend changes to matched by a delegation the Constitu- consent to a dialogue with statement that received the on the Belgrade side com- tional Frame- Belgrade should not be support of all parties in posed of Prime Minister work. The spo- considered a necessity, Pri- the Assembly, except that Zivkovic and Deputy Prime nsors of the ini- me Minister Rexhepi (PDK) of Coalition Return (KP) Minister Covic. While both tiative explained and the People’s Movement continued to call for the delegations painted a very that such changes of Kosovo (LPK). In its need for an Assembly au- different picture about the would allow for statement the Assembly cri- thorisation for the Gover- situation in Kosovo, the a speedier transfer ticizes the actions under- nment to take part in the SRSG announced that the of competencies, taken by the Slovenian talks. As the Kosovo As- formation of working gro- including those institutions in relation to sembly agenda for the 9 ups to discuss the four that currently fall Minister for Health, Ms. Resmiye Mumcu, Ceku’s detention and rejects October plenary did not agenda items of the talks under Chapter 8 proposed to the Assembly the Draft Law all arrest warrants and include a debate on Pri- should take place in No- and the reserved on Medical Products and Medical Devices court decisions prepared by stina-Belgrade talks, the vember. These agenda items powers of the and the Draft Law on Health. Serbian institutions and Ser- PDK caucus leader Arsim are: energy, transport and SRSG. New com- bian judicial parallel insti- Bajrami proposed to add the communication, missing petencies would allow the groups supported the ini- tutions against Kosovo ci- tiative. UNMIK expressed debate to that day’s agenda. persons and return of IDP’s Provisional Institutions to tizens. The statement calls its reservations on the ini- However the proposal was and refugees. make more decisive progress outvoted and the Assembly on international institu- on the benchmarks and tiative. proceeded with its regular tions in Kosovo and beyond, thereby help UNMIK fulfil Assembly rejects detention of including INTERPOL and Laws considered and legislative work. KPC Commander Agim Ceku its mandate. In addition, the EUROPOL, not to recognize deliberations in the working approved On 10 October Kosovo Pre- On 22 October 2003, Slo- such warrants and deci- group would help prepare During the last two months sident Ibrahim Rugova gave venian police acting upon sions. The statement also for the final status. Mr. the Assembly reviewed and a positive reply to the re- an international arrest war- invites the SRSG to take Arsim Bajrami, chairperson approved several laws. So- quest to attend the talks. rant issued by the so-called urgent measures towards of the Committee on Le- me laws have already been Intense diplomatic efforts Priština District Court based elimination of parallel ins- gislative, Judicial and Cons- approved in second reading to convince the other Ko- in Niš, Serbia, detained titutions in Kosovo. In the titutional Framework Mat- on the date mentioned. ASI newsletter 153

Laws without date have kolli (LDK), chair-person “Coalition Return” (KP) tab- only been endorsed in first of the Gender Equality led several motions, cha- reading but are - as of Committee, pointed out llenging already adopted mid November - still under that this was the first law laws on the basis that Prime Minister review in the Assembly initiated from within the the laws (or certain of committees: Law on Se- Assembly as well as the their provisions) violate introduces the curity at Work and Health first piece of legislation in vital community interests. Protection of Employees Kosovo dealing with gender After receiving the answer anti-discrimination law (09.10.2003), Law on Pu- issues. Prior to tabling of of the sponsor of the law (government), the Presi- blic Procurement (11.09. the law, many local and “This law is in compliance with the existing dency recommends that a 2003), Law on Disability international organisations anti-discrimination standards and legislation at Special Panel be formed, Pensions (06.11.2003), Law provided comments on the a European and international level, and is a including representatives of on Medical Products and text, pointing at areas whe- fulfillment of the obligations appointed by the the sponsor of the law, Medical Devices, Law on re legal and content related Constitutional Framework to the Provisional the challenging party and Sanitary Inspectorate (06. improvements would be Institutions of Self-Government in Kosovo, UNMIK. 11. 2003), Law Amending welcomed. because it directly and thoroughly fulfills those the Law on Management Recently the Law on Access obligations. (…) of Public Finances and Ac- Adopted laws challenged by to Official Documents, the I wish to stress that the law is directly countability (23.10.2003), “Coalition Return” Law on Population and Housing Census, the Law based on the European Union Council Directive Law on Pesticides (16. 10. Based on the procedure 2000/43 with regard to the implementation of 2003), Law on Postal Ser- described in the Consti- on Public Procurement and the Law on Postal Services the principle of equal opportunity of persons vices (09.10.2003), Draft tutional Framework, the without racial and ethnic distinction, however have been challenged by Law on Sports, Draft Law parliamentary group of not limited to discrimination on racial and ethnic KP. On 16 October the on Gender Equa- basis, it has widened its scope by protecting other Assembly plenary session lity, Draft Law on categories / basis, such as gender, age, opinion adopted one out of three Cadastre, Draft or political belief, nationality, religion, physical recommendations of the Antidiscrimina- and mental disability, etc, and is complied with Special Panel on the Law tion Law, Draft the needs and specifications of Kosovo. (…) on Access to Official Do- Law on Health. cuments. The Assembly I do consider that the law also bears a political Gender Equality Presidency has rejected the importance, since it will put Kosovo in a leading Law considered motion challenging the Law position in the Balkans and Europe as far anti- on Postal Services as the discrimination legislation is concerned, a direct On 23 October motion was submitted after indicator that with the adoption of the Anti- 2003 the Gender the deadline. After receiving Discrimination Law, Kosovo is making its very Equality law was the answer of the sponsor first steps of composing local legislation being in endorsed in the complete harmony with European legislation.” first reading and of the Law (Government) is currently being the Assembly Presidency reviewed by se- rejected the motion against Dr. Bajram Rexhepi, Prime Minister of Kosovo, at veral Committees. Ms. Melihate Termkolli, chairperson of the Law on Public Pro- the Assembly plenary session on 30 October 2003. While presenting the Gender Equality Committee, proposed curement. The motion cha- this draft law, Ms. the first Draft Law initiated from within llenging the Law on Census Melihate Term- the Assembly of Kosovo. is still ongoing. 16 ASI newsletter Assembly reviews the “Anti-discrimination Law” The draft Anti-discrimination Law, which the Assembly is currently reviewing, has the potential to put Kosovo at the front end of anti-discrimination legislation in the Balkans and even Europe. Providing a legal remedy against any form of discrimination, the draft Anti-discrimination Law complements other legislation, as the Gender Equality. Hubert Van Eck Koster, Advisory Office for Good Governance in the Office of the Prime Minister More than a year ago OSCE any ground regarding any Thus, the Anti-discrimi- submitted model legislation right protected by law. nation Law and the Gender of the Anti-discrimination This includes protection equality Law and other Law to the Government. against discrimination for laws protecting vulnerable A working group in the vulnerable groups such as groups, compliment each Office of the Prime Minister children, the elderly, wo- other by providing both was set up, headed by men, persons with mental legal remedies if discri- Arberësha Shala, Office of and physical disabilities, mination occurs as well Legal Support Services members of ethnic commu- as measures to prevent within the Office of the nities, etc. discrimination from hap- Prime Minister. The wor- Therefore the draft Anti- pening in the first place. king group used the model discrimination Law pro- On 17 September the Go- legislation as a guideline tects not only members vernment approved the and has worked intensely of ethnic communities, but Anti-discrimination Law. together with Kosovo all vulnerable groups. In On 26 September the draft experts, representatives of addition, the draft law law was tabled in the Kosovo civil society and the provides that the judiciary Assembly Secretariat and International Community shall use the law which on 30 October it was on to prepare a draft law provides the greatest pro- the agenda of the Assembly which takes into account tection to a victim of dis- for its first reading. After the specific needs of Kosovo crimination. While the an impressive introduction as well legislation of the Prime Minister Bajram Rexhepi introduced the Anti- draft Anti-discrimination speech by the Prime Minis- European Union and other Discrimination Law in the Assembly on 30 October (see excerpts Law provides a legal ter and a heated debate of his speech on previous page). international legal stan- remedy against any form which actually showed dards as required by Article European standards. In- and occupation) and article of discrimination after it substantial accusations of 5.7 of the Constitutional deed, the draft Anti-disc- 26 of the International Co- has occurred, other laws ethnic discrimination from Framework. rimination Law aspires to venant on Political and Civil are needed to keep certain both the Kosovo-Albanian European Commissioner fulfill and implement Euro- Rights (ICCPR), which is forms of discrimination MP’s towards the Serbian Chris Patten already men- pean Union legislation, according to Article 3.3 from happening in the MP’s and vice versa, all tioned in his speech to especially EU Council Di- of the Constitutional Fra- first place. For example political groups voted for the Assembly on 11 Sep- rective 2000/43/EC (the mework part of the ap- the Gender equality Law the Anti-discrimination La- tember that he was imp- racial equality Directive), plicable law. Based on this which prevents discrimi- w, except Coalition Return. ressed with the fact that EU Council Directive 2000 article 26 of the ICCPR, the nation based on gender, According to MP Oliver the Government was draf- /78/EC (establishing a ge- draft Anti-discrimination or a law which prevents Ivanovic, Coalition Return ting an Anti-discrimination neral framework for equal Law expands the protection discrimination against per- would support the law in Law taking into account treatment in employment against discrimination on sons with disabilities. principal if the text had ASI newsletter 173 not been so poorly written. Although not confirmed, but based on the specific The Assembly of Kosovo and Political concerns which were raised by group leader Dragiša Decision-Making Krstovic, it may well be Prof Dr Svetomir Samardzic, Coalition Return that Coalition Povratak was given a poorly tran- The last few months in the On the other hand, fre- Assembly of Kosovo can quent rejection of useful slated Serbian version of the be characterised by inter- amendments just because Anti-discrimination Law. party conflicts. The reasons of the fact that they were The main bottlenecks whi- are the inherited post-war proposed by the opposite ch appeared in the dis- atmosphere that cannot political group gives off a cussion in the Assembly be overcome quickly, but sense of lethargy, a sense have to do with some also the atmosphere that of depression. At least in progressive provisions in is created with the recent the areas concerning the the draft law dealing with start of the dialogue process everyday life of the citizens affirmative action, the cre- in Vienna. Different posi- we need to have more ation of an Equal Treatment tions of political parties tolerance, more political Centre, and the provision concerning the dialogue understanding on both promoting the social dia- and party discipline are sides. Adoption of the men- logue between employees preventing the already tioned amendments is only limited freedom of expres- the first, yet very im- and employers. However, sion of the majority of portant, step for the begin- all these provisions are MPs in the Assembly. As a ning of more tolerant directly taken from EU result, the pace of democ- relationships of the people Council Directive 2000/ ratisation process is slow. who make decisions on the 43/EC. Hopefully these It is crucial to know that issues that are vital for the bottlenecks will not be an democracy is not easy to citizens. obstacle for the adoption achieve and it cannot be Political decision-making of the Anti-discrimination imported from abroad. Kosovo. It shouldn’t only mittee for the Rights and must have its footing in Law in the Assembly be- We should approach de- be involved in monitoring, Interests of Communities, the power of arguments, cause once promulgated mocracy and fight for it but it should also be an has been adopted by the whereby provisions must this law will put Kosovo in a proper way and with important factor in the de- ruling majority, contrary be made to hear and at the front end of anti- all democratic means. In velopment of reconcilia- to the previously expressed analyse those arguments, discrimination legislation this important political tion and democratisation opinions of three Assembly and to adopt or reject them, in the Balkans, and even moment for Kosovo, res- process. Committees. This fact aro- if our interests so require. Europe, as Kosovo will be ponsibility lies with the used ambivalent feelings in Exclusion, intolerance, per- one of the first to ha- political parties that are These days a very unusual my heart: on the one hand sonal and national insults ve such a comprehensive represented in the Assem- case for the parliamen- I am pleased that I have will bring no one any good. Anti-discrimination Law. bly. However responsibility tarian life of Kosovo has persuaded the Assembly Honour and reputation of An important step forward also lies with the interna- occurred. The amendment majority that the adoption the political opponent must in Kosovo’s aspiration to tional community, which to the Law on Sanitary of the aforementioned am- not be inflicted. Such a reach out to Europe. has a difficult role as an Inspection, that I proposed endment is in the interest procedure inevitably comes interim government over as a member of the Com- of the citizens of Kosovo. back as a boomerang. 18 ASI newsletter Checks and balances in deciding Kosovo’s budget The Kosovo government is currently finalising the “KCB 2004”, the Kosovo Consolidated Budget for next year. While the Assembly is waiting to review the budget, a complicated process of drafting the budget is coming to a close. An overview. Stephen Leeds, Budget Advisor in the Ministry of Finance and Economy It is not surprising that units have distinct roles and related information, be followed in providing sary for timely budget for- the unique form of gover- in the budget process. The which is necessary to the funds to various activities mulation presentation and nment in Kosovo at the Minister’s Office guides the formulation, presentation, within the government. provided by the Law, is not present time has resulted policy-setting and priority- and execution of the Kosovo As is true in a number of sometimes met. This results in there being a unique setting process, and relates budget. The Donor Coor- transitioning governments, in too many decisions ha- budget process in Kosovo. with the SRSG, the dination Department sup- the role and status of ving to be made at the lat- Under the Constitutional Economic and Fiscal Coun- ports the processes of ne- publicly-owned enterprises ter part of the year, in order Framework, the Law on cil (EFC), other Ministers, gotiations with donor or- (such as KEK and others) for the budget to be enacted Management of Public Fi- the Assembly and the ganizations and their pro- is unclear - they wish prior to December 31. nances and Accountability municipalities at the policy vision of funds to the to receive funds from the There is a budget surplus and the annual budget level. The Main Budget Kosovo budget, including central budget, but they are in Kosovo, due to two fac- regulation, the SRSG, the Department conducts the tracking the receipt and not under the control of the tors. Spending agencies and day-to-day process of for- PISG, and the Assembly expenditure of those fu- budget process in the same their managers and staff mulating and presenting have specific roles and res- nds. way that “traditional” go- are often new in their the Kosovo budget, and ponsibilities regarding the vernmental agencies are. jobs, and since the spending is relating with the EFC, The MFE follows the model budget process. In addition, agencies are not yet fully other ministries, and the and calendar of drafting Since the budget process in international organizations evolved as governmental Assembly, at the operating budgets as for any other Kosovo is new, and since and donors also have roles, organizations, they are not level. The Municipal Budget government, however with the Law on Public Financial which influence the budget yet fully able to implement Department conducts the the following differences. In Management and Accoun- process. all of the functions for day-to-day process of for- general, the SRSG has final tability was only enacted The Kosovo budget receives which they are responsible. mulating the municipal decision-making authority in May 2003, the budget funds from tax revenues, In some cases, spending portions of the Kosovo bud- over the Kosovo budget. process continues to be in user fees (especially in the agencies over-estimate their get, and with relating with The SRSG can receive bud- an evolving state. That municipality level of the cost-estimates because the the municipalities at the get recommendations from is, although major respon- budget), and donors. Do- central Government has not operating level. The Trea- the MFE and the EFC. He sibilities and dates for nor funds are either desig- yet been able to establish sury Department mainta- can accept or reject those specific actions are known, nated for specific activities, “standard costs” for goods ins Kosovo’s budget exe- recommendations and he the budget process is not or are “undesignated”, that and services that are generic cution information thro- can take unilateral action yet fully consistent with is, they are provided into to the government and/or ugh the Free-balance sys- regarding budget decisions. international practices. the budget for general use. unique to each spending tem, which provides needed As a result, some degree Most notably, because of agency. The Ministry of Finance information to the Main of tension will exist in the the large and complex and Economy (MFE), which Budget Department and the decision-making and re- number of organizations The budget surplus can includes local staff and Municipal Budget Depar- source-allocation processes and individuals involved in be expected to exist for a international advisors, ma- tment. The Macro-Eco- because there may be the overall decision-making few years, until spending nages the budget process. nomic Department pro- divergent viewpoints about processes, the timeline, agencies achieve their pro- The main organizational duces estimates of revenues the priorities that should which is considered neces- per levels of operational ASI newsletter 193 effectiveness. While it is av- ailable, it can be used for Information sharing: The key to successful co-governance one-time capital projects, Rainer Willert, Head of Regional Office, Friedrich Naumann Foundation for emergencies, and for There is already a tradition peculiarities in post-war from UNMIK to the PISG. other types of spending of co-operation between Germany with the actual Above all, structural com- that are not expected to three important commit- reality of “Reserved Powers” plications and changes in occur again. However, it tees of the Assembly of in Kosovo. Under such cir- the limited know-how, should be used prudently, Kosovo - Committee for Fi- cumstances opinions and which existed at the begin- because a sound budget nance and Economy, Com- ideas of how things should ning of the transforma- process is based on the con- mittee for Trade and Indus- be done, are often different tion process in Kosovo, cept of spending only the try and Budget Committee and easily lead to conflicts, should not be forgotten. money that is appropriated, and the Friedrich Naumann as indicated in this exam- This know-how has grown year by year. Foundation. We remember ple with Mr. Clay and Mr. considerably “by doing” very well the first session Erhard. and through training and According to macro-econo- in September 2002 when It is truly wise to improve consultancies, thus also mic projections and based Mr. Klaus Bünger, former the mutual information compensating partly still on current tax laws, re- Secretary of State in the flow between the different very limited material and German Ministry for Econ- sor of Pillar IV, mentioned venue estimates, and donor “players” in order to avoid technical equipment within omy, spoke about Social that the elaboration of a funding, Kosovo’s overall conflict in the first place. PISG. resources are nearing the Market Economy. On this new development strategy The Friedrich Naumann In the meantime the Fried- for the economy of Kosovo maximum point. Kosovo occasion Mr. Bünger elabo- rated on an example from Foundation considers that rich Naumann Foundation was about to start. Most is not expected to have German history regarding there is still a big need with the help of the OSCE of the committee members an ever-increasing amount the difficulty of co-gover- for increased information organized four consultancy present believed that they of money available to its nance. Within the frame- exchange, especially bet- meetings. Occasionally, Mi- should definitely be part of government, and it is now work of the Allied rule over ween the Provisional Ins- nisters of the Government such a strategic debate. titutions of Self-Govern- and/or representatives of approaching the point West-Germany after World Should they really? Proba- ment (PISG) and its inter- UNMIK were invited. At beyond which the budget War II, Mr. Ludwig Erhard bly a clear rule about this national counterparts but one event some of the “cus- cannot increase unless the had limited responsibilities does not exist. Precisely also within the PISG as tomers” of legislation, such economy expands or unless as Minister for Economy. In because of the existence of such, e.g. Government and as entrepreneurs discussed tax laws change. June 1948 he was heavily such a kind of “open” struc- Assembly. with Assembly members criticized by the chief com- tures and sometimes miss- However, the needs of the mander of the Allied Forces, Kosovo’s quite complicated how new legislative initia- ing or at least ambiguous government in serving the General Clay, for unilater- structures of co-governa- tives are judged by the rules in Kosovo, even more public continue to grow ally changing the set rules nce between local and inter- business community in dialogue between UNMIK through the addition of for markets and prices. national forces make it even Kosovo. and the PISG seems to be new programs, pension Even though the German more important to mutu- One of the latest sessions needed. The Friedrich Nau- plans, and related activities. situation of that time can- ally inform and regularly took place mid September mann Foundation offers Care must be taken to not directly be compared to exchange information. This 2004 with the aim to gain and facilitates such encoun- ensure that there is a proper the one in Kosovo today, peculiar need for exchange updated information from ters. We are sure that this is combined with another balance between revenues Germany at that time had “Pillar IV”, the institution facilitation is an important very obvious fact, which within UNMIK responsi- instrument, which helps to and spending, since the limited sovereignty. It was obvious that Mr. Bünger is the permanent arising of ble for economic issues. overcome imperfect struc- Constitutional Framework chose the example for dis- new uncertainties because Much curiosity of Assem- tures, which definitely forbids the accumulation cussion at the workshop, of the ongoing process of bly members arouse when characterize transition of budget deficit. comparing some of the handover of competencies Andreas Wittkowski, advi- everywhere. 20 ASI newsletter Assessing the work of the legal office of the Assembly of Kosovo The Director of the Legal Department of the Assembly of Kosovo, Mr. Daut Beqiri, reflects upon the work of the Department. Despite acknowledging the quality of its work, he recognises that there is still room for improvement, so that the best services are offered to the Assembly of Kosovo. Interview by Edi Efendia (NDI) and Dardan Velija (OSCE)

Q. How do you assess the the quality of work in this Office to the work of As- tees. Such achievements work of your office, two department, we need more sembly Committees and should always be sup- years after its establish- legal advisers. Plenary Sessions. There- ported. Moreover, even the ment? fore, training should be car- Committee for Trade and Q. What’s your opinion ried out in conformity with A. The Department of Legal about the co-operation be- Industry did the same and Procedural Advisory the provisions of Rules of thing, they approved the tween PISG and UNMIK Le- Procedures of the Assem- Services is responsible for gal Departments? proposal for initiating the providing legal and proce- bly. However, we should drafting of the Law on A. With no intention of dural support to the Assem- insist on learning from par- Energy. I think we should assessing the co-operation bly Members, Assembly liamentary systems simi- continue with this sort of between the PISG and Committees, Parliamentary lar to the one we have in practise as well as with UNMIK legal offices, I Groups and the Assembly Kosovo, as this experience training of committee offi- believe that this co-oper- Presidency. is an invaluable resource. cials, and with engaging ation should be based on The commitment of the Q. How do you assess both local and interna- the criteria, terms and pro- tional experts. staff is satisfactory, but cedures provided by the the recent initiatives under- reviewing the draft laws in there is still room for more Administrative Directive on taken by the Assembly Par- Q. Are you planing on the Assembly Committees. creativity. Right now, the Drafting and Proceeding liamentary Committees to employing translators/ in- I think that the UNMIK workload is great, both in of Draft Laws. According initiate draft laws as in terpreters for English - Ser- Legal Office may contrib- the Table Office and the to this Directive, the legal the case of the Law on Gen- bian-Albanian, in the legal ute more during the com- Committee Section. Hence, offices, in certain phases, der Equality? office, so that you could pilation stage of draft laws, during the working week, are obliged to submit noti- A. According to the Con- more easily communicate then during the reviewing the staff provides services fication and adjustments stitutional Framework and with UNMIK officials? to three or to four Assem- phase in the Parliament. for many legal issues Rules of Procedure they A. Oral and written com- bly Committees and fol- related to responsibilities Q. What are the priorities can draft and submit draft munication in all three lows up with six to eight and competencies. for staff training? laws to the Assembly. The languages, not only with committee meetings. Each The co-operation between A. The improvement of first draft law from Gender UNMIK but with others, meeting requires certain the Assembly Legal Office staff performance is my Equality Committee has as well, is very important. preparations, such as com- and that of UNMIK is sat- permanent concern. Train- already passed through the The implementation of the piling meeting minutes and isfactory. This is seen espe- ing should be regarded as approval stage in princi- EAR project for support of reports with recommenda- cially when it comes to preparing the staff to be ple, and thus soon the the Assembly in legislative tions, which must be sub- legal and procedural issues, able to handle the rules discussion and final area started on 15 Sep- mitted to the Assembly and rules and procedures, and of procedures in all stages approval are expected. This tember 2003. The project its Presidency. In order to also during the stage of of work - from the Table right has begun to be exer- foresees the employment increase the efficiency and cised by other Commit- of two translators/ inter- ASI newsletter 213 preters for Albanian, Ser- principle, and approves a bian and English. law. This tempo of dis- cussing and approving the Q. You are a member of the laws requires maximum recently established Project engagement and commit- Board for the creation of ment of the staff in legal a Glossary of Legal and offices, during their work Parliamentary Terms in with Committees. The As- three languages. How do sembly has thus far es- you and the Legal Depar- tablished 19 committees. tment plan to contribute? There are only five staff A. The implementation of teams, which carry out the project for compiling the support and adminis- the Glossary of Legal and trative-professional work. Parliamentary Terms sup- Soon, the establishment of ported by the OSCE - De- the team of officials, which partment of Democratiza- will work with Commit- tion has finally started. I tees, is expected. am a member of the Project Board. However, I will also Q. Mr.Beqiri, what do give my contribution as an you think can ASI do in expert on legal and parlia- the future to support you mentary terminology, so overcoming the difficulties that we could have a high faced during your work? quality glossary. A. The contribution of ASI is huge and incontestable. Q. In a meeting held by the This help is focused more FNSt (Friedrich Naumann in the field of information Foundation) for legal staff, on all the current issues you have mentioned that and other support activ- the department is facing ities to the Assembly. I increased workload due to believe that in the future the increase of legislation. this contribution will be How do you plan the more needed, especially in work of your staff with projects such as publish- commissions? Do you have ing the Rules of Procedure. shortages in human re- I also think that we would sources? What are your welcome projects for train- plans in this respect? ing the staff, taking into A. It is an undeniable fact consideration our specific that the legislation process needs. In this respect, any in the Assembly is increas- project concerning imple- ing. Almost every work- mentation of new Rules of ing week, the Assembly at Procedure would be wel- least discusses a law in comed. Pictures from recent Assembly plenary sessions. 22 ASI newsletter Support Activities to the Assembly

Friedrich Naumann Stiftung (FNSt) organizes Committee visit to Austria Besides the consultancy support offered to the members of the Parliament, Friedrich Naumann Stiftung organizes a working visit to Austria for the chairpersons and vice-chairpersons of the Committee for Budget, Committee for Trade and Industry and Committee for Finance and Economy. The aim of the visit, which will take place between 9-13 December, is to give an opportunity to the parliamentarians for exchanging experience with their colleagues from the Austrian Parliament. Contacts with economic institutions and potential investors have been also planned.

Workshop for the Assembly Legal Staff, by Mr. Michael Georg Link, FNSt. On 30 September, Michael Link, consultant for the German Friedrich Naumann Foundation held a workshop for the legal staff of the Assembly of Kosovo. In co-operation with the OSCE Central Governance Support Team, the workshop reflected on methods to Media Project: Training for Parliamentary Journalists and TV Series on the improve the workflow within the legal department of the Assembly such as practical ways of integrating amendments into draft laws. Assembly of Kosovo, 29 September - 3 October Besides those practical tips provided by their German colleague, The first phase of the media programme, taking place under the the legal staff expressed a high interest in the European legislative auspices of the OSCE Central Governance Support and the Media process. In light of the need to align Kosovo legislation to the EU’s Teams, was directed towards training for Parliamentary Journalists on Aquis Communitaire, FNSt. plans to offer future in-depth topical political reporting. The result of the project is a serie of 30 minute telev- consultations for the legal staff. ised programmes, which are screened on a monthly basis (October, November and December). Building upon the success of the pilot phase, Visit for the Press and Public Information Section of the Assembly to further programmes will be recorded in 2004. Slovenia The project aimst strengthening the investigative skills of Kosovo journalists in political reporting and increase their knowledge of how A visit was organised by the OSCE Central Governance Support to create a TV series, which accurately reflects political dialogue and and Media Teams to Slovenia for members of the Press and Public Information Section of the Assembly of Kosovo. The project brought developments, while at the same time informing the public. Following together representatives of Kosovo with their counterparts in the a recommendation, as communicated by the Slovene expert who Slovene Assembly and included meetings with the Deputy Head of the provided the training in Kosovo, the second phase of this project will Information Unit of the Slovene National Assembly, the Editor of include a visit by four Kosovo journalists, under the guidance of the Slovene Assembly’s Bulletin “Porocevalec” (Informer) and the Head the editor-in-chief, to Slovenia. Following intensive training and inte- of the Slovene Government’s Information Unit. The Kosovo delegation raction with their counterparts in Slovenia, the Slovene expert will familiarised themselves with the way the Press and Public Information return to Kosovo in order to deliver the final part of this training in Department of the Slovene Assembly interacts with the public; the December. means that governmental agencies co-operate and the approach adopted by the Assembly in order to promote its work to the wider NDI training on Constituent Relations throughout October public, which includes informative journals, the internet (Assembly During October, NDI scheduled regional training on constituent website) and regional network mechanisms to promote Slovenia relations in 5 regions within Kosovo. The training targeted municipal abroad. councilors and focused on a wide range of issues, such as the ASI newsletter 233 functioning of municipal Assemblies, budget management, executive Friedrich Ebert Foundation (FES) organises visit to BiH for the Committee oversight and others. Part of the training was provided to a diverse on Labour and Social Welfare audience, made up of municipal councilors, NGOs and political party FES has chosen the Federal Parliament of Bosnia and Herzegovina as representatives. The objective was to foster better co-ordination among the next destination to be visited by selected Kosovo MPs between 29 all actors involved in order to improve constituent relations. November - 3 December 2003, in the framework of the established “Regional Exchange Program for Parliamentarians” supported by the Constitutive meeting of the Editing Committee of the Glossary Project contribution of the German Government to the Stability Pact. BiH has Established been selected because of the similarities in the systems, experiences and On Friday 31 October 2003 the Editing Committee of the Glossary backgrounds, and the multiethnic framework of co-operation in both Project held its constitutive meeting. The work methodology and the cases. For this activity, FES has been working with the Committee Rules of Procedure were also discussed and approved. for Labour and Social Welfare as well as with the Committee for Health, because of the issues FES has chosen to focus on, such as KODI Analysis on the Internet social and health reforms and unemployment, which are pertinent to Kosovo’s development. FES anticipates that the Kosovo MPs will gain The Kosovo Research and Documentation Institute (KODI) has pro- considerably from their interaction with their counterparts in BiH, duced a report on the Assembly’s work since the first elections were especially when dealing with the practical ways various ethnic groups held in October 2001. The purpose of the report is to provide an work together, on a number of issues. ana-lysis on how the current government functions by analyzing the work of four parliamentary committees and the four counterpart Political School in Strasbourg Ministries: (i) Trade and Industry, (ii) Labor and Social Welfare, (iii) A Seminar on Political Schools of Kosovo and Bosnia - Herzegovina Environment and Spatial Planning, and (iv) Education and Science. In was held in Strasbourg from 21 - 26 October 2003, organized by the addition to the respective ministers and committee chairs, the authors Council of Europe. A multi-party delegation composed of members of all interviewed their respective advisors, International Secretaries, the political parties - with the exception of Coalition Povratak (KP) - as well OSCE Assembly Monitor and Coordinator of the Assembly Support as an equal number of NGO representatives participated in this event. Initiative (ASI). At the end of the report, KODI provides a comprehensive This seminar was the last of a series of three by the Political Schools of set of recommendations aiming at increasing the efficiency of the Pristina and of Bosnia and Herzegovina. Assembly and the level of co-operation between the Kosovo institutions The site of the event was the city of Strasbourg, which is known as and the international community. The full report of KODI’s analysis a symbol of century-long suffering due to its location at the border on the Assembly can be seen at KODI’s website: www.kodi.ipko.net. between two European powers, Germany and France, in the heart of Europe. Public Hearings on Draft Legislation Mr. J.P. Clain and Ms. Doris Pack made the strongest impressions on the participants: both of them are very familiar with the political The Friedrich Ebert Foundation (FES) and the National Democratic situation in the former Yugoslavia. Mr. Clain, worked in Bosnia and Institute (NDI) are harmonizing their efforts in assisting the Herzegovina from 1997 till 2002 and completed his career as the Special relevant Committees to organise a public hearing on both the Anti- Representative of the Secretary General (SRSG), while Mrs. Doris Pack is Discrimination and the General Health Laws. a Member of the European Parliament and had visited Kosovo on many Currently, the NDI is working on finalising a Public Hearing Manual. occasions during the past 15 years. She stressed: “We are not asking you A draft of the manual has been submitted to all ASI Partners in order to hug each other, but we ask you to co-exist”. to provide feedback. Public hearings are considered absolutely central Mr. Dzezair Murati, member of Other Communities Parliamentary Gro- to the democratic functioning of a Parliament and Parliamentary up and co-president of Vatan, focused his presentation on the approach Committees, since they allow citizens to take part in developing of the majority of international officials who see Kosovo through a bla- positions on certain issues and thus assisting in developing public ck-and-white-prism of Serbian-Albanian relationships, disregarding the opinion on a measure or an issue. Further public hearings improve the Other Communities and their positive role in integration into the new quality of draft legislation, through exchange of information, checking Kosovo society. Positive examples were presented, which may serve as an and monitoring the Government’s work and present problems in a incentive to overcome the situation between the various communities, given field. asserting, at the same time, that it is far from what is aspired. ASI Mission Statement As the inter-agency coordinator of democratization programs to support the Assembly of Kosovo, the Assembly Support Initiative (ASI) seeks to strengthen and professionalise the Assembly of Kosovo in develop- ing skills so that it may become a stable, functional and productive legislative assembly, operating in accor- dance with the rule of law and on behalf of all com- munities 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 knowledge of and respect for democratic rules of procedure, transparency and accountability to the public, developing and implementing a legislative 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, workshops with the Com- mittees, technical assistance on the legislative process, advise to the Presidency, Committees chairpersons and individual Assembly Members, working visits to other parliaments, training for the legislative staff and inter- Pictures in this Newsletter: preters of the Assembly. The work of advisers and con- OSCE (1, 3, 4, 6, 8, 9, 11, 12, 14, 15, 16, 17, 20, 21, 22, 24), Lamers (p. 5), UNMIK-DPI (p. 13), Willert (p. 19). sultants to the Assembly and its Committees is also part of the ASI-coordination.

Currently participating in ASI: Council for the Defence of Human Rights and Freedoms (CDHRF), Friedrich Ebert Stiftung (FES), Friedrich Naumann Stiftung (FNS), Konrad Adenauer Stiftung, East-West Par- liamentary Practice Project (The Netherlands), European Agency of Reconstruction (EAR), United States Agency for International Development (USAID) in co-operation with National Democratic Institute (NDI), United Nations Devel- opment Program (UNDP) in co-operation with the Inter- AASISI Parliamentary Union (IPU), Consortium of French, German Newsletter and Belgian parliament, OSCE Democratization Department Belgrade Street 32, 38000 Pristina and the Assembly Secretariat with the active support of the Tel. (+381-38) 500 162 Fax: (+381-38) 500 188 Office of the Prime Minister, UNMIK’s Pillar IV (EU) and the contact: [email protected] country offices in Pristina of Austria, Belgium, Germany, http://www.osce.org/kosovo Italy, The Netherlands, Switzerland, United Kingdom and The views expressed by the contributors to this Newsletter are their own and do not necessarily United States. represent the views of the Assembly, OSCE Mission in Kosovo or the ASI partner organisations.