ASI newsletter

February 2004, No 10

• Kosovo leaders meet negotiators from several countries • Building better healthcare services • “Coalition Return” at a cross-road osce Mission in Kosovo 2 ASI newsletter

Editorial

Crafting strategies for negotiations It was a unique group. The main Kosovo political leaders met key Unionist Party in Northern Ireland; Mr. Pini Meidan, former negotiators and decision-makers from countries around the world Foreign Policy Advisor and senior negotiator for Israeli Prime to discuss leadership and negotiations during periods of transition Minister Ehud Barak in the 2002 Camp David talks; Mr. Roelf in similar circumstances. The sett ing was the picturesque castle Meyer, former Chief Negotiator for the De Klerk Government of Burg Schlaining in Austria. From 15 to 19 December 2003, an and former Minister of Constitutional Aff airs of South Africa; intensive exchange of experiences with distinguished offi cials and and Mr. Albert Reynolds, former Prime Minister of the Republic negotiators from Northern Ireland, the Republic of Ireland, Israel, of Ireland and key participant in the Northern Ireland peace Palestine, South Africa and Chile took place. The conference on process. “Craft ing Strategies for Negotiations” was co-sponsored by the At the closing session of the meeting, President Ibrahim Rugova Project on Justice in Times of Transition of Harvard University stated that the discussions had been refreshing and useful, and and the OSCE Mission in Kosovo and supported by the Kosovo that he considered the meeting a great success. Mr. Hashim Thaçi Institute for Policy Research and Development (KIPRED) and the added that Kosovo needs to gain the trust of the international Olof Palme International Centre in Sweden. The initiative was community and that he hoped that this meeting would initiate endorsed by several international leaders, including former U.S. a fresh eff ort to cultivate new international relationships. Upon President Bill Clinton. returning to Kosovo, Prof. Nexhat Daci commented to the press: Of particular importance at this historic meeting was the full “Participation in this seminar was of dual importance to us. participation of the Þ ve senior Kosovar leaders: President Ibrahim The Þ rst beneÞ t was learning from participants from countries Rugova; Prime Minister Bajram Rexhepi; Speaker of the Assembly that have overcome problems and built their states, such as Prof. Nexhat Daci; President of the Democratic Party of Kosovo South Africa, and from countries such as Ireland where there Mr. Hashim Thaçi; and President of the Alliance for the Future are important lessons to be learned. The second beneÞ t was of Kosovo, Mr. Ramush Haradinaj. While representatives of that we were isolated for three days from our daily problems Kosovo’s Turkish, Bosniak and Ashkali communities participated and all the leaders had excellent communication.” Dr. Friedhelm in this conference, Kosovo Serbs representatives declined their Frischenschlager, former director of OMiK’s Democratization invitations and did not att end the conference. The meeting Department stated: “The world has suff ered from these problems was co-chaired by Ambassador Wolfgang Petritsch, Permanent before and still does. And these actors who come here with great Representative of Austria to the United Nations in Geneva, experiences, have illustrated to the Kosovar political leaders that and Thomas Hammarberg, Secretary General of the Olof Palme they should shake each other’s hands when it is necessary to Þ nd International Center. a solution.” During the event, international speakers gave brief presentations about their previous negotiating experiences, paying special Franklin De Vrieze and Besnik Tahiri, att ention to issues that are of particular relevance to Kosovo. OSCE Mission in Kosovo. SpeciÞ c topics addressed in the course of the meeting included preparing for negotiations, building trust with negotiators on one’s own team as well as with the opposing side, eff ectively managing multi-party negotiations, creating trust among the larger public and with the international community, and engaging civil society actors and minorities in the creation of a stable future. The meeting gave PISG leaders ample opportunity to discuss the situation of Kosovo both among themselves and with the distinguished international speakers. Speakers included Mr. John Biehl, Advisor to the Government of Costa Rica during the Central American Peace Accords in 1987 and former Secretary General of the Presidency of Chile; Mr. Ebrahim Ismail Ebrahim, Political Advisor to the Deputy President of South Africa and senior African National Congress participant in the multi-party negotiations in South Africa; Mr. David Ervine, Senior Negotiator in the talks leading to the 1998 Good Friday Agreement and Chief Spokesman of the Progressive ASI newsletter 3 Learning From Each Other What do South Africa, Northern Ireland, the Middle East and Kosovo have in common? Where do they differ? An immediate reaction might be to stress the differences - geographic, historical and political. But upon reflection, commonalties begin to appear. Wolfgang Petritsch, Austrian Ambassador to the United Nations in Geneva and co-chairperson of the Symposium “Crafting Negotiations” in Austria

by the Harvard University’s nical issues, like how to prepare his country; his white coun- “Project on Justice in Times for negotiations, how to build terpart who as an offi cial of of Transition” and the OSCE capacity, how to establish wor- the apartheid regime decided to Mission in Kosovo in Burg Sch- king relationships or how to join forces with the suppressed laining, Austria. This three-day deal with multiple parties and majority. These modern day event in mid-December 2003, interests in a negotiating pro- heroes provided a convincing sponsored in part by Sweden’s cess. testimony to the power of justice Olof Palme International Centre, But more than just learning the and human freedom. brought together senior repre- political and diplomatic skills A Þ nal - personal - lesson from sentatives of the three main for brokering a political deal, I these meetings in the wintry parties in the Provisional Ins- was personally impressed by the surroundings of Burg Schlaining titutions of Self-Government (PI- truly breathtaking stories these Castle is this: The “secret of SG) with former peace negotia- peace negotiators from around success” to achieving the desired tors from the above-mentioned the globe had to tell: the Irish goal of a true commitment to the countries and regions plus activist who spent ten years in spirit of democratic compromise Central America. Unfortunately prison only to devote his later seems to be to depart from past Kosovo Serb representatives life to peace and reconciliation; recriminations and exclusionist Wolfgang Petritsch declined their invitations to the South African who had spent att itudes. Thanks to the untiring att end. What these countries and re- twenty years in prison, together eff orts of everyone involved, gions have in common is a long “Craft ing strategies for nego- with Nelson Mandela, and who this conference proved to be and bloody history of conß ict - tiation” was the theme of this decided to reach out to his for- a promising exercise that will ethnic, religious, racial, to name highly interesting meeting mer oppressors in order to win continue to beneÞ t the parti- only the most obvious simi- which dealt mostly with tech- a just peace for everybody in cipants. larities. This is true in particular when it comes to the fate of its peoples, a fate frequently characterised by the total ab- sence of basic human and poli- tical rights, economic and social hardship and cultural depri- vation. What bett er idea than to bring together representatives from these aff ected regions to com- pare notes, so to speak, and listen to those who went through similar situations or are still in the middle of a deep rooted conß ict, like the one between the Israelis and the Palestinians. Or, for that matt er, to learn from those who successfully overcame apartheid, as in the case of South Africa where whi- tes and blacks fought a winning batt le against racism. This, precisely, was the idea be- Together at the castle of Burg Schlaining: Mr. Ramush Haradinaj, Mr.Nexhat Daci, Mr. Ibrahim Rugova, hind a recent meeting co-hosted Mr. Hashim Thaci and Mr. Bajram Rexhepi. 4 ASI newsletter “Kosovo citizens deserve better healthcare services” During the last two years the Assembly Committee on Health was involved in developing healthcare policies and followed up of its implementation. In monitoring the functioning of healthcare, the Committee participates in elaborating a strategy for healthcare, revises the Government program on healthcare and makes recommendations to the Assembly. ASI interviewed Naim Jerliu, (LDK), Vice- chairperson of the Assembly Committee on Health, starting with the role of the Committee in the field of legislation. Interview by David Buerstedde, Office of Political Affairs, OSCE Mission in Kosovo. Mr. Jerliu, How many laws roval of this law was important, have passed through your com- since Kosovo was the only part mitt ee? How many have been of Europe that had no legislation approved and how many pro- in this Þ eld. mulgated by the SRSG? What As you will recall, critics suc- is in the pipeline for 2004? In cessfully introduced total, over one hundred new draft laws are waiting to be amendments to this draft law processed. Which of these laws during its second reading due to should be treated as a matt er of fears that the draft law might priority? prohibit the import of galenic products from outside Kosovo So far the Committ ee has revised that are currently not produced and approved the Draft Law on in Kosovo. Why were these Sanitary Inspectorate and the amendments not taken into ac- Draft Law on Medical Products count ahead of the plenary and Medical Equipment, while session for which the second the Draft Law on Healthcare is reading of the draft law in awaiting its second reading. So question was scheduled? far, only the Law on Sanitary Ins- The term “Galenic Product” re- pectorate has been promulgated by the SRSG. In the list of the fers to medical products pre- draft laws for this year there are pared in the galenic laboratories some ten health-related laws. I of pharmacies. These products believe we should give priority can be supplied by pharmacies to the Draft Law on Private to patients directly without prior Healthcare Enterprises, the Draft marketing or factory authorisa- Law on the Rights and Ob- tion as long as certain standards ligations of Citizens in Heal- and best practices are observed. thcare, the Draft Law on Heal- Determined to protect such do- thcare Insurance, and the Draft mestic products, the Health Law on Public Healthcare Insti- Committ ee clearly supported tutions in Kosovo. the initial proposal of the draft law. During the second reading On 4 December 2003 the Asse- in the plenary, proposals from mbly adopted the Draft Law members of the Assembly, who on Medical Products and Medi- are not members of the Com- cal Devices. What is the purpo- mitt ee, were adopted in cont- se of this law? ravention of the Rules of Pro- The Law on Medical Products cedure. This is unfortunate but and Medical Devices sets the cannot be changed. framework for activities in the What can you tell us about the pharmaceutical sector for both General Health Law? suppliers and users of medical products and equipment. App- The Draft Law on Healthcare Naim Jerliu ASI newsletter 5 aft er its initial Þ rst reading in the the draft law more effi cient and citizens of Kosovo, regardless Assembly has entered the Com- improve implementation. of their ethnicity and religion. mitt ee stage of the legislative Serb representatives have never Europe, process. Keeping in mind the How would you describe your taken part in the work of the very unsatisfactory situation of relationship with the Ministry Committ ee, although co-opera- Up Close healthcare in Kosovo compared of Health? Could you imagine tion among the diff erent parties to that elsewhere in Europe draft ing your own legislation? in it and among the diff erent and Personal and the region, the Committ ee Who are the main internatio- communities that are members Two young members of the Assem- is now working towards the nal actors you deal with? of the Committ ee has been very bly, Lulzim Zeneli and Nafiye Gas, second reading and approval of good. As you know, the Chair- In order to fulÞ l its functions travelled to Scandinavia in Decem- the draft law as rapidly as pos- person of the Committ ee belongs the Committ ee co-operates with ber for a two-week visit to see sible. With this law that is so to the Other Communities cau- the Ministry of Health, which is European parliamentary life first- needed for the healthcare sector cus. obliged to off er the required data hand. They were invited by the and for Kosovo, we aim creation and information to the Com- Swedish Parliament along with del- of an effi cient legal system in the mitt ee, including the reports What are the main challenges egations from Bosnia and Herzegov- healthcare sector. The draft law from the Minister and from for health provision in Kosovo? ina, Croatia, Albania, Macedonia determines the basic principals other people authorised by the The improvement of the si- and Serbia and Montenegro. of the system of healthcare and Ministry. The Committ ee has tuation in the healthcare sector “At a time when we are build- its Þ nancing, and the judicial from the beginning drawn up is one of the main challenges ing for the Þ rst time a dem- and institutional support in a plan of effi cient co-operation of governance in Kosovo. We ocratic process here, it was securing the sustainability of with the Ministry, but as you need to double our eff orts in great to see a country with a the system and the rule of law know, this Ministry has had sett ing the legislative base and long democratic tradition,” Mr. in the healthcare sector. Draft some diffi culties in its manage- in implementing projects that Zeneli said. law proposes that healthcare to ment and this in some ways will secure quality in healthcare At the same time, he highly be carried out in all levels in has been reß ected in our co- where currently very low me- appreciated the chance to meet institutional manner and this operation. I believe that co-ope- dical indicators prevail. I think, with the other Balkan delega- will be secured by organising ration will improve this year. for this year, it will be important tions and exchange experiences the activities in the public sector This does not exclude the pos- to approve the package of health- with them. “The challenges of and private sector, and in mixed sibility of the Committ ee draf- related laws I mentioned earlier. our parliament in Kosovo were ones. In general it can be said ting laws for the healthcare Also, I would like to see progress very similar to the challenges that this draft law, aft er its sector on its own initiative on vital health infrastructure of other parliaments of the approval, it will be a sound should this prove necessary. As projects: oncology, cardio-sur- region,” he said. base for the eff orts to put the far as the co-operation with gery, cardiology, laboratory of The visit of the Kosovo dele- functioning of the health sector international organisations is quality control of drugs. One gation was sponsored by the in tracks in Kosovo. concerned, I believe that we of the basic elements is also Swedish International Devel- will continue to co-operate with improvement of management opment Co-operation Agency How do you assess the public the institutions we have had in healthcare, which needs to (SIDA). The agency’s director hearing that took place on 24 a fruitful co-operation so far. comply with minimum stan- in Kosovo, Christoff er Sjöholm, November 2003? These are primarily the National dards set by the Ministry. Ko- att ended the Þ rst week of the The public hearing that was held Democratic Institute (NDI) and sovo citizens deserve bett er hea- trip and was impressed with on the Draft Law on Health was Friedrich Ebert Stift ung (FESt.). lthcare services. what he saw. the Þ rst ever conducted by our Among the everyday activities Committ ee and has been im- Health is one of the areas Have you participated in OSCE the Kosovo Assembly mem- portant and useful for the future where parallel structures pre- training and other support bers got a chance to see was work of the Committ ee. Apart vail. How do Kosovo Serb activities? the debate in the Swedish Par- members in your committ ee from the sponsor of the draft Members of the Committ ee have liament on whether or not to deal with this topic? law, experts and other interested had the chance to participate adopt the European common parties were able to air their Unfortunately, parallel structu- in such training. This is very currency. views. Through this public hea- res still exist. This is unaccep- positive. I hope that this year At the same time, he said, ring, the Committ ee gained ad- table and it continues to be the Health Committ ee will be the intensity of the discussion ditional information, remarks, a challenge, especially if you able to not only learn from among the Swedish MPs was proposals and suggestions that consider how much eff orts the countries in transition but also a surprise. “It was a harsh have been carefully considered Kosovo Government and Koso- from countries with established debate. We thought only we in and are now included in the vo Institutions invest to achieve democracies in order to establish the Balkans had debates like draft law as amendments. I belie- a uniÞ ed system of healthcare co-operation in the Þ eld of this.” ve that these amendments make that off ers equal services to all healthcare. Jeff Bieley 6 ASI newsletter Protecting the cultural heritage and developing performing arts At a time when many people are wondering whether the election campaign in Kosovo has already begun, some members of the Assembly say politics doesn’t keep them from working together across party lines. Ms. Edi Shukriu of LDK and Mr. Lirak Çelaj of PDK are two such Assembly members, who both serve on the Committee for Culture, Youth and Sport. “We are interested to create institutional mechanisms, which will provide support and enable the development of culture,” says Ms. Shukriu, the committee chairwoman. Interview by Jeff Bieley, OSCE Mission in Kosovo. Moreover, the two say they have worked together since 2000, before they were elected to the Assembly from opposing parties. At that time, Ms. Shukriu was co-head of the UNMIK Department of Culture, while Mr. Çelaj was director of the National Theatre in Pristina. Despite political pressures even then, the two remained dedi- cated to professional co-opera- tion in the development of culture in Kosovo. As experts in their Þ elds, both Assembly members take quite seriously their responsibility to oversee the Ministry of Culture, Youth and Sport. “We want the institutions to function, even when our economy is weak and we have few donations to sup- port culture,” Ms. Shukriu said. However, both warn that it has not been easy to hold the mi- nistry accountable for its work. “The ministers are responsible to the party leaders and not to the Assembly,” said Mr. Çelaj, citing the political agreement that formed the Government in 2002. In May 2002 SRSG Michael Steiner brought the “Goddess on the throne” statue back to Kosovo. The Ms. Shukriu expressed the same “Goddess”, believed to be 6,000 years old, is a terracotta figurine dating from the Neolithic age, and was opinion, and at the same time discovered at a site near Pristina in 1956. She had been on loan to the museum in Belgrade since March pointed out that the ministry 1999 as part of a traveling exhibition. is oft en unresponsive to the committ ee’s requests for in- its Committ ees should do more of Kosovo. Yet the Assembly “All the members of the com- formation. “We sent three lett ers to enable the exercising of their committ ee was never consulted, mitt ee found out while watching to the ministry to see how the competencies.” Ms. Shukriu and Mr. Çelaj say, the news that the Opera and budget was spent, but we got The ministry took several major leaving the members quite surp- Ballet of Kosovo was founded,” no answer. I think that the decisions in 2003, including the rised when they Þ rst heard Ms. Shukriu said. Once the com- Presidency of the Assembly and formation of an Opera and Ballet about it. mitt ee had a chance to react, ASI newsletter 7 they held a hearing to get more information from the ministry. “The director of the Opera didn’t come but the director of the Culture Department came and gave a half-answer to our ques- tions, but he never gave us anything in writing,” she said. Mr. Çelaj said the ministry sho- uld have worked together with the Assembly committ ee and beneÞ t from the ideas of its members. “We wanted to have a long-term strategy to form an opera,” he said. Because there are not yet enough professional opera singers in Kosovo, he said, the committ ee would have preferred to form a group of instructors and “create a new generation of cadres.” The committ ee is also deman- ding more transparency from the ministry on the issue, inc- luding here the ways in which Edi Shukriu and Lirak Çelaj the director was recruited. Ms. Shukriu said the committ ee was She went on to explain that one wards Belgrade on this issues,” the committtee’s competencies told that “no competition to hire of the most important issues in she said. were passed in 2003, on sports, a director was needed because libraries and archives, but Ms. this area is the return of cul- Mr. Çelaj agreed, but said he the Opera was founded as part Shukriu said that many other tural artefacts taken to Belgrade. thinks there is litt le the Assembly of the Philharmonic,” a tactic laws are needed, starting from The Archaeological Treasury of can do. “I don’t see any other she charged was used to dodge Kosovo was on loan for an the one for Cultural Heritage. thing to do but pass a resolution The members of the committ ee proper procedure. exhibition in the Serbian capital because of the relations between do not have suitable conditions during the war, but the only When she isn’t in the Assembly, Belgrade and Kosovo. It’s a po- for draft ing laws. Ms. Shukriu devotes her time object that was returned was litical problem in this case.” to her passion for archaeology, the famous statue, the idol of “We have no offi ce. We simply Besides his parliamentary du- which she teaches at Pristina Prishtina, Ms Shukriu said. have to take the documents ties, Mr. Çelaj is in the process University. Not long ago she Worse still, she lamented, “Half home,” the committ ee chairwo- of opening Kosovo’s Þ rst private spent some time at Harvard of the Museum of Kosovo along man added. Mr. Çelaj also said theatre, being built in part of the University for scientiÞ c research. with its Ethnological Treasury, he is disappointed with the Pristina Sports Hall complex. Ms. Shukriu is hopeful that was looted and transferred with means available to committ ee He said he would like to see members. “Infrastructure is the one day the studying and pro- military trucks” during the war. the Assembly give more support main problem,” he said. tecting of Kosovo cultural heri- Despite being a member of the to the performing arts. In par- tage will bring long-term be- parliamentary committ ee on Yet both committ ee members are ticular, a law on Cinematog- neÞ ts to Kosovo. “Cultural he- culture, Ms. Shukriu puts all more optimistic about bridging raphy is needed, he said, to ritage is a great source even for her hopes on UNMIK and the ethnic diff erences and Þ nding support private Þ lm production future tourism and investment, international community to common cause for co-operation companies and replace the do- but no one thinks about that.” secure the return of Kosovo’s with Kosovo’s minorities. “We minant role once played by state- Instead of a serious approach, property from Serbia. “We don’t see the culture of Kosovo sponsored KosovaFilm. she says, “The minister made would like to Þ nd a solution to as divided, since it belongs to a political decision to Þ nd an this problem and so, we believe However, the committ ee has no all citizens of Kosovo,” said Ms. Archaeology Institute, without that among many mechanisms, staff or legal experts who can Shukriu. “We see the culture of previously preparing a project Þ rst of all the pressures and help its members participate Kosovo collectively, as a Euro- and without prior consultations conditioning of the international in drawing up and reviewing pean culture and as part of glo- with archaeologists.” community should be used to- legislation. Three laws within bal culture.” 8 ASI newsletter “Coalition Return” at a cross-road Many analyst agree that “Coalition Return” is today one of the most active parliamentary groups in the Assembly of Kosovo, compared with the period of high political tensions in early 2003, when Serb members of parliament very often attempted to boycott the sessions, even threatening seriously to withdraw themselves completely from the Parliament, unsatisfied with the decisions of the Albanian majority. That positive move is praised both by many international representatives and Kosovo Albanians, and it seems that Return leadership is happy with the new approach too.

Zoran Culafic, Monitor, although they argue of the Assembly and avoiding Radio B-92 correspondent. that it would be more eff ective badly draft ed laws to be if there were clear sanctions adopted. Assembly Presidency member is not contributing to the de- foreseen in it for those who “There are certain procedures Oliver Ivanovic explains that mocratic processes and eco- abuse the rules. In the Balkans, in the Assembly that could be “Coalition Return” has realised nomic development, which is a Mr Ivanovic said, people un- improved, but the main point is that only full and active par- vital need in Kosovo. Instead of derstand bett er the language of to rebuild mutual trust between ticipation in the work the dealing with serious economic sanctions. Assembly, rather than boycot- issues, we still have the practice communities. All of us here have In addition to that, Serbs claim that the Assembly is misused for to accept that some proposals ting it, is the only mature and that legislative and legal experts political promotion,” Ivanovic could be good although they are eff ective way to protect Serb from the international com- interests in Kosovo. “Earlier we said. coming from the other side,” Mr munity should be involved in Ivanovic said. reacted emotionally, tempes- As a positive step, the Serbs a more direct way in the early tuously and oft en irrationally, accept the recently established process of preparing draft laws, Ilir Deda, political advisor to thus it happened that we even institution of OSCE Assembly thus increasing the effi ciency Kosovo Prime Minister, agrees missed the dates for Þ ling the objections on some draft laws. Today we react more rationally,” stresses Ivanovic. “Coalition Return” is fully determined to be more active in the future and to use all parliamentary mechanisms avai- lable to protect their interests, including the Constitutional framework and Resolution 1244, Ivanovic said. The main ob- jection is that Kosovo Albanians are still trying openly and very hard to present Serbs with a fait accompli and to create a foundation for an independent Kosovo before the issue of the Þ nal status is solved. Instead of that the Assembly should be focused exclusively on adopting appropriate laws, he said, that are of real interest for all in Kosovo, regardless of their ethnic origin. “As far as they insist on in- dependence, we are going to insist on return of full Belgrade authority here. Both options are extreme and therefore highly KP Members of the Assembly presidency Oliver Ivanovic and Goijko Savic together with KP Head of the negative and such a climate Parliamentary Group Dragisa Krstovic ASI newsletter 9 that Return has become very security measures, as well as active in the Assembly, praising the need of establishing a small that change as a huge positive team of two or three fulltime step, but he claims that Alba- employed legal experts that nians still see Serb repre- would help members of Par- sentatives as the extended hand liament in preparing amend- of the Belgrade authorities. The ments and other legal advice Kosovo Government is hoping prior to the Assembly sessions. that Serb representatives will But “Coalition Return” is faced understand the new reality and with its own internal obstacles focus on improving the living too. Having in mind the very conditions for all citizens, confusing political messages particularly for the Serbs in coming from Belgrade at the Kosovo. time Return was elected, it is Although “Coalition Return” is quite understandable that - as now submitt ing amendments to Mr. Krstovic and Mr. Ivanovic every single law proposed in the stated - a large number of its Assembly, Kosovo Government members were not the right representatives would like to choice. That could be described Dragisa Kristovic during a meeting with SRSG Harri Holkeri. see Serbs more co-operative and as a common understanding focused on everyday issues in among many Serb political rep- only 8 to 12 members of well as with the role of the Kosovo. resentatives in Kosovo. Fur- “Coalition Return” physically SRSG, who “reacts quite scrupu- thermore, the formation of such att end Assembly sessions, which lously,” although some minor “We would like to see some law a heterogeneous and ineffi cient is less than half of Return’s mem- objections still exist. “Numerous proposals made by “Coalition coalition was inß uenced mainly bers,” Krstovic claims. abuses of Assembly procedure Return.” We’d like to see them by a confusing policy of par- did take place in the last quarter less dependent on Belgrade po- But there is no effi cient legal ticular political party leaders in of 2003 and I’m very interested to licy and more focused on the mechanism to avoid such an Belgrade, deeply alienated and read the OSCE monitor’s report interests of their community in unacceptable practice, because struggling between themselves on that period,” Krstovic said. Kosovo. I invite Serbs to be more the main decisions on “Coalition for political domination. As a active in the Assembly and to Return” activities at the moment “My main objections are that result of such circumstances build together a bett er future in are reserved exclusively for the the Assembly majority has oft en many members of “Coalition Kosovo,” Mr Deda said. “Coalition Return” Presidency, put on the agenda some issues Return” are simply not com- comprised of alienated leaders that are completely out of the Although praised as a positive petent, not to mention the fact of political parties in Belgrade. Assembly’s competencies. The change, the current activity of that many are not motivated to preparation procedure for laws “Apart from all these negative “Coalition Return” is seen by actively participate in political should be more serious, and trends, as well as some obstacles Kosovo Albanians mostly as an activities: “Unfortunately, we that could be achieved by the that are coming from the eff ort to maintain legal unity have to admit that some mem- participation of international Albanian majority, we are fully with Serbia’s legal system, which bers of the coalition are not experts in the early process is not acceptable for the majority determined to continue the po- doing their job properly, some of preparing draft law. And in Kosovo. From the other side, licy of active participation using are not participating actively Þ nally, I think it would be very Serbs do not accept any move all available Assembly proce- in committ ee work, even not constructive that we establish in the direction of independence dures and mechanisms to pro- att ending the Assembly sessions. a regular practice of contacts before Þ nal status issue is tect Serb interests in Kosovo. The It seems that the only motive between representatives of par- solved. Constitutional Framework and for some is just to get their liamentary groups, together Resolution 1244, as well as the The “Coalition Return” repre- daily fees,” “Coalition Return” with representatives of the Assembly’s operating procedure sentatives claim that current caucus leader Dragiša Krstovic international community. That and the role of the SRSG, give us Assembly procedures and me- told ASI. would help us to avoid some the opportunity to protect our chanisms are mainly suffi cient, “I can freely say that, unfor- unnecessary conß icts and ten- interests in an appropriate way. but there is a room for some tunately, only some eight mem- sions in the early stage of pre- Practically there is no room now improvements. One of the main bers of “Coalition Return”, out paring draft laws. We all should for misusing the Assembly,” Mr requests that was not accepted of 22, are fully and actively work hard to create a climate of Krstovic told ASI. or fulÞ lled yet is the creation of engaged in its activities, while trust and bett er understanding, conditions for Serb members of the others are not interested Krstovic said that he personally which is in the common interest parliament to be present daily at all in Assembly activities. is very satisÞ ed with the OSCE of people in Kosovo,” Mr in Pristina without additional It is very oft en the case that Assembly Monitor’s work, as Krstovic concluded. 10 ASI newsletter Recent developments in the Assembly During the last months the Assembly of Kosovo held intensive debates, took decisions and initiatives and passed legislation vital for Kosovo society. The following is an overview of recent political developments in the Assembly, from mid- November 2003 through the end of January 2004. Franklin De Vrieze, OSCE Mission in Kosovo be assessed positively since public consultations organized by Assembly Committ ees increased in number and quality and Committ ees initiated public hearings on their own.

Assembly declared void Serbia’s legislation passed after 22 March 1989 Following recommendations of the Assembly Committ ee on Judicial, Legislative and Constitutional Framework Matt ers, the Assembly of Kosovo on 11 December 2003 took a decision to abrogate “all Serbian and Yugoslav laws, legal and sub-legal acts, decisions and other acts issued aft er 22 March 1989,” (when Kosovo lost its autonomy within the former Yugoslavia). The Assembly text pointed out that from that date on every legislation Serbia passed in Kosovo “was forced, passed against the will of the majority of the population and their elected representatives and as such is not acceptable.” On the same day, UNMIK issued a press release Joint public hearing on the Anti-Discrimination Law and Gender Equality Law stating that the decision taken by the Assembly “is beyond the competence of the Assembly of Kosovo and is without validity and Public hearings established as a common practice eff ect.” The Kosovo Government made clear that it would respect Assembly Committ ees are increasingly making use of public the decision of the Assembly. hearings as an important means to gather information, including for the purpose of draft ing laws. Since mid- November 2003 several Committee on Environment and Spatial Planning such events have been organised. visited Skopje On 24 November 2003 the Health Committ ee conducted a public hearing on the Draft Law on Medical Products, which was On 19 and 20 December 2003 subsequently approved by the Assembly. On 9 December 2003, a delegation from the the Þ rst joint public hearing was held when the Committ ee on Committ ee on Environment Judicial, Legislative and Constitutional Framework Matt ers and and Spatial Planning, headed the Committ ee on Public Services together discussed both the Anti- by chairperson Naim Maloku, Discrimination and Gender Equality Draft Laws. At the beginning visited the Macedonian of January 2004, two public consultations took place within Þ ve Parliament in Skopje. The days. One of them was initiated by the Committ ee on Culture, delegation was received by Youth and Sport, to assess the actual need for and consequences Mr. Hysni Shaqiri, vice president of parliament, and of the ministerial decision to establish an Opera and Ballet of MP RaÞ z Haliti. The Kosovo. The public hearing conducted on 13 January 2004 by delegation met Mr. Tome the Committ ee on Finance and Economy on the draft law on the Trombev, chairperson of the Chamber of Commerce marked another Þ rst. Representatives of Committ ee on Transport and the business community were given the opportunity for the Þ rst Ecology, which covers issues time to express their views on a piece of draft legislation directly on environment and spatial aff ecting them. Both activities have demonstrated the need to planning. Both committ ees make informed decisions and start involving stakeholders from agreed that they have a Naim Maloku the early stage of the decision-making process. A similar and lively common interest to work together since environmental problems event has been organised on 20 January 2004 by the Committ ee are oft en cross-border problems. Discussions focussed on cleaning on Judicial, Legislative and Constitutional Framework Matt ers to up the river Vardar and on pollution by the Kosovo cement discuss proposed changes to the Constitutional Framework. factory near the border with Macedonia. The delegation had The ASI support to public hearings till now, e.g. advice, practical an extensive meeting with the Minister for Environment, Mr. support and publication of a Manual on Public Hearings, can Dragoljub Matovski. ASI newsletter 11 Assembly rejected Serbian elections declarations, plus 7 recommendations and opinions issued during to be held in Kosovo 2003. During the press conference, Prof. Daci also gave his prognosis During an extraordinary session on 22 December 2003, the for developments in 2004. He predicted a year of general tensions, Assembly of Kosovo adopted a statement declaring the elections for with the neighbours from the north, with the residents in northern the Parliament of Serbia on the territory of Kosovo, scheduled for Kosovo, as well as tensions following the election results and 28 December 2003, “unacceptable and unconstitutional.” UNMIK between the local institutions and UNMIK. was requested to prevent the holding of these elections in Kosovo because they represent a “ß agrant interference in the life and institutions of Kosovo.” The declaration further called on the Assembly paid respect to Racak victims “citizens of Serbian ethnicity not to become part of the negative At the start of the plenary session on 15 January 2004 the Members manipulation directed towards Kosovo’s interests and against the of the Assembly of Kosovo rose to pay respect to the 45 Albanians Serb community in Kosovo itself.” killed by the Serb security forces in the village of Racak on An UNMIK statement the same day rejected the Assembly 15 January 1999. These killings accelerated the process to call declaration, stating that, “It is a common, internationally respected the Rambouillet conference, which was followed by the NATO practice for voters to participate in elections where they are eligible intervention on 24 March 1999. The Serb Members of the Assembly to vote, whether or not they reside in the area administered by the did not participate in the commemoration. authority organising the elections.” The Assembly Members from During the subsequent debate on several draft laws, the Head Coalition Return (KP) walked out of the plenary session as soon as of the LDK parliamentary group, Mr. Sabri Hamiti, denounced the issue had been included in the agenda of the session. what he called “KP’s political irresponsibility, non-discipline and destruction orchestrated by Belgrade.” Mr. Dragisa Krstovic, the head of the KP parliamentary group, replied that “recent events in Assembly approved 2004 Kosovo Budget the parliament do not lead to a democratic climate in Kosovo.” During the same extraordinary session on 22 December 2003, the Assembly of Kosovo approved the 2004 Kosovo Consolidated Budget (KCB). In conformity with the Law on Management of Panel recommendations regarding Public Finances, the KCB had been prepared by the Ministry of rights and interests of communities Finance and Economy. It had been discussed at the Economic The plenary session on 15 January 2004 reviewed the Fiscal Council, the highest advisory body consisting of senior recommendations of the Special Panel on the draft Law on Public international and local offi cials including SRSG Harri Holkeri and Procurement. Prime Minister Bajram Rexhepi. The Panel, composed of the sponsor of the law (government), the On 31 December 2003 the SRSG promulgated the UNMIK opposing party (Coalition Return) and a third party representative Regulation on the approval of the 2004 KCB. (UNMIK), had draft ed changes to bett er protect the rights and The 2004 Budget will be fully Þ nanced by Kosovo’s own revenues interests of communities. The AAK parliamentary group opposed expected to reach 619 million euros, with an additional 13 million the changes proposed by the panel and asked the Assembly euros from the 2003 budget surplus. The 2004 budget has been Committ ee on Legal, Judicial and Constitutional Framework increased by 20% in comparison to 2003. Assessments by the Matt ers to change the provisions of the Constitutional Framework Ministry of Economy and Finance predict a modest growth of the which governed the special procedure protecting the vital interests Gross Domestic Product (GDP) in 2004. While the GDP in 2003 was of the communities. A PDK Member stated that his party was in worth 1,2 billion euros, it is expected to be 1,25 billion euros in agreement with some of the Panel’s recommendations, but not all. 2004. Prof. Daci argued that the recommendations of the Panel could not be split. He invited the Assembly members to support the recommendations Assembly President evaluated the work in 2003 of the Panel. They were adopted by majority vote. On 29 December 2003, Prof. Nexhat Daci, President of the Assembly During its session on 11 December 2003, the Assembly did not of Kosovo, held a widely covered press conference to inform approve the recommendations of a special Panel on the draft Law on local and international media about the results of the work of Census of Population, Households and Housing in Kosovo. KP and the Assembly during 2003. He mentioned that a total of 37 Other Communities voted in favour of the recommendations that plenary sessions took place in 2003 compared to 22 in 2002, foresaw Þ ve amendments on operational arrangements ensuring while the Presidency met 38 times last year. In 2003 an average equitable participation in the census of eligible members of all of three Assembly Committ ees met each working day, while the Kosovo communities. total number of committ ee meetings was 565. The output of this intensive activity consists of 32 laws approved, 2 resolutions and 3 12 ASI newsletter President of Kosovo addressed Assembly Committee on Missing Persons For the Þ rst time since his election in early 2002, Kosovo President received delegation of Serb relatives Ibrahim Rugova addressed the Assembly on 22 January 2004, as On 28 January 2004, relatives of Serbs that went missing during required by the Constitutional Framework. and aft er the conß ict met the representatives of the Assembly President Rugova assessed that great progress was made in Kosovo Committ ee on Missing Persons, chaired by Ms. Flora Brovina. in the last four years. He especially praised the Assembly of During a tense meeting the representatives of families of missing Kosovo, “which passed dozens of systematic and other laws and Serbs demanded that the Assembly Committ ee engage in Þ nding diff erent resolutions and declarations in the interest of the people both ethnic Albanians and Serbs. Emphasising that her Committ ee of our country.” As far as the Government is concerned, Dr. Rugova deals with shedding light on the fate of all missing persons during assessed that “it functioned well” and “became a stable executive the war, Ms. Flora Brovina said that the competencies of her authority.” Committ ee are limited. “We can provide you with humanitarian Talking about future priorities, the President said that the Kosovo aid, listen to what you have to say and collect information on how institutions should engage themselves in the development of a your relatives disappeared but we can do very litt le in providing stable economy, privatisation, support the private sector and Þ nd concrete help as the competencies of justice and security are within solutions to the problems with the power supply. He advocated the hands of the U.N. mission,” she said. the transfer of competencies from the international mission to local institutions. “One of the important elements is the assessment of established standards, both those that we have already achieved Laws considered and approved and those that are going to be achieved together with UNMIK, Between mid-November 2003 and end of January 2004, the OSCE and KFOR,” said President Rugova. Assembly reviewed and approved several laws. Some laws have been approved at the second reading on the date mentioned. Laws SRSG on ‘Other Communities’ representation without date have only been endorsed in Þ rst reading but are - as of the end of January - still under review in the Assembly committ ees: in Assembly Presidency Law on Sports (21.11.2003), Law on Cadastre (04.12.2003), Law The SRSG Harri Holkeri wrote to the President of the Assembly, on Road Transport (15.01.2004), Draft Law on Gender Equality, Nexhat Daci, to inform him that he has determined that the Draft Anti-discrimination Law, Draft Law on Health, Draft Law decision taken by the Assembly on 22 January 2004 regarding on Co-operation with the International Criminal Tribunal for the the appointment of an Other Communities representative in the former Yugoslavia (ICTY), Draft Law on Chamber of Commerce, Presidency was without validity. In his lett er, the SRSG required Draft Law on Trade of Petroleum and Petroleum products in that the vote on the representative of the Other Communities Kosovo, Draft Law on Cinematography. (OC) political group in the Assembly Presidency be re-held in conformity with the Constitutional Framework (CF). “The Assembly should thus have been directed by Mr. Daci to consider and conÞ rm the candidate agreed upon by the OC deputies. Under Mr. Daci’s direction, the Assembly did not consider the candidacy of Mr. Džezair Murati agreed upon by OC Assembly members and, instead, voted for Ms. Zehra Elezi, a Vatan representative who did not have the endorsement of the OC. The action taken by the Assembly was thus in clear violation of Section 9.1.7 (f) of the Constitutional Framework, which provides that ‘one member [of the Presidency] shall be appointed from among the members of the Assembly belonging to parties having declared themselves representative of a non-Kosovo Albanian and non- Kosovo Serb Community. The method for appointing this latt er member shall be determined by members of the Assembly belonging to these same Communities,” writes the SRSG. The SRSG directed that the matt er be reconsidered by the Assembly in full conformity with the requirements of the relevant section of the CF and the provisions of the Assembly Provisional Rules of Procedure. He noted that representatives of the OC group had expressed to him their extreme concern that a matt er that is for them to resolve among themselves had been handled in a plenary session of the Assembly in a manner contrary to their agreed position and without regard for their views. Picture of the refurbished Assembly Hall ASI newsletter 13 Working conditions and ownership of the building express the Assembly’s independence As part of the 18-month support programme by the European Agency for Reconstruction (EAR), I have been invited as an expert on behalf of the Belgian Chamber of Representatives to take care of the procurement procedures, the deployment of the network and the refurbishment of the offices. To that aim, by the end of November 2003, two working groups were set up. They will perform a detailed needs assessment by the end of February 2004. Peter Vanhoutte, cumstances. The Belgian Cons- to the lack of offi ce Former Member of the Belgian titution therefore provides a space in Pristina, it Chamber of Representatives and strict separation between the will take several years key expert for the EAR-support Legislative (Parliament), the before this process can program to the Assembly of Executive (Government) and the be successfully conc- Kosovo. Judiciary. This off ers the Par- luded, unless the In- liament, as the highest body ternational Commu- A Þ rst assessment, carried out in a state, the possibility to nity decides to fund last October, showed that Þ rst control the Government in a the construction of of all some urgent problems totally independent way. The supplementary go- needed to be solved. A leaking independence of the Belgian vernmental offi ces el- roof, an outdated and super- Parliament is always guaran- sewhere. charged electricity-system were teed: it decides upon it’s own By the end we hope the main issues, before we could budget, it’s own infrastructure that this will result continue with the installation of and everything related to that. in more offi ce space new equipment. Unfortunately, The fact that the Assembly of for the parliamentary these problems were not easy Kosovo is not able to take care staff , so that the As- to solve, because of a major of the maintenance of the whole sembly will be able ongoing discussion about the building and network, but high- to bring in more peo- ownership of the Assembly. ly depends on third parties ple to assist the MP’s Though the Assembly claims to such as the Ministry of Public in their activities. It be the owner of the building, Services, results in a dependence would also become parts of it, for example the server from ‘lower’ bodies that the possible to give the room, are inaccessible to the Assembly should supervise. So, MP’s their own offi ces. Peter Vanhoutte Assembly staff . As a result, the the independence of the Assem- This has several major Assembly Staff is not able to bly has to be assured under all advantages: it would encourage they have to vote on them. solve even the most common conditions. MP’s to stay in Pristina when As in all other parliaments, problems, e.g. a server crash, Nevertheless it is not enough there is only a limited number of these informal contacts and dis- because this is the competence of to agree on the principle of committ ee meetings or a short cussions form the basis for a real the Ministry of Public Services. independence - this has also plenary session on the agenda, democratic institution, because The same appears to happen to be seen by the citizens. It because it would no longer be they provide the possibility to with the phone system. This was therefore is absolutely necessary considered a waste of time. prepare decisions, far from any initially installed by UNMIK, to move all services belonging It would also strengthen the pressure and not exposed to the but actually used jointly by to the government and to co-operation between MP’s and critical eye of the media. UNMIK, the Assembly and PTK. international organisations not staff members. If an MP is Having their own offi ces in the A solution could be to make linked to the Assembly out of the working on a draft proposal of same building is also part of a an agreement between the As- Assembly building as soon as a law, he or she could more team-building process. By the sembly and the other partners, possible. As the physical symbol easily contact the experts in end, MP’s will be colleagues describing in detail the com- of democracy, the Assembly the Assembly to clear up Þ rst, even if they don’t share petencies of each. We don’t building not only has to belong possible diffi culties. The biggest the same opinions, even if they consider this to be the best so- to the Assembly in theory, but advantage however would be are members of diff erent parties. lution. also in practice. This is the the fact that by providing offi ces Working together closely will by We are convinced that, as is main reason why we strongly to the MP’s, we could create an the end help to create an att itude the case in most Western Eu- endorse the plans made by the environment where MP’s from of mutual respect, which will ropean countries, a Parliament Ministry of Public Services to diff erent groups and parties can result in a more effi cient and must be able to act free of move all non-parliamentary meet in an informal way, discuss respected Assembly. external pressure under all cir- services to other buildings. Due draft laws and proposals, before 14 ASI newsletter Energy Supply - Kosovo’s Political Ownership Needed The working visit of a delegation of the Assembly of Kosovo to Vienna last December included one highlight: a very interesting and intensive discussion on 12 December about Parliamentary possibilities and political and economic needs to develop a success- ful energy policy in a society in transition. The visit was organized by the Friedrich Naumann Stiftung as a part of the regional exchange program for Kosovo and prepared in co-operation with OSCE Mission in Kosovo, Department of Democratization. Dr. Volker Kier, Energy Policy Expert and former Member of the Austrian Parliament The Kosovo delegation, which ment, which represent the included members of the Fi- people of Kosovo. It will cer- nance and Economy Committ ee, tainly be necessary to redeÞ ne the Trade and Industry Com- the role of the “Internationals” mitt ee and the Budget Com- as well as the role of the “Locals” mitt ee, had earlier visited the to establish a new system of OSCE Headquarters and the responsibilities. Aft er having Austrian Parliament, to meet constituted an Assembly (crea- high representatives of both ted as a result of free and institutions and to exchange democratic elections) and for- ideas and information. The dis- med a Government, it is indis- cussion on energy was the last pensable to transmit the power item of the visit’s programme, to deal with energy matt ers and it may be that the earlier to the Kosovo Government - meetings created an optimal naturally under Parliamentary foundation for the “energy control by the Assembly. In round table”. Nearly all the que- this way the de facto undeÞ ned stions raised by the Assembly status of KEK would come to an Members touched on elements end as well. of central importance for a It must be kept in mind that proper reconstruction of the for the time being in Kosovo power industry, as well as for there are no normal market suffi cient and proÞ table energy circumstances, and therefore the production in Kosovo in the situation in Kosovo is not com- long run. parable to an open economy. Under these circumstances it Discussing the speciÞ c key ques- will be impossible to bring tions in developing an eff ective normal investors into the energy energy policy on a democratic industry of Kosovo. But “in- basis, we soon reached the vestors” of some kind are nee- crucial point: How to reorganise ded to Þ nance the regeneration KEK and establish a “separation and modernisation of the whole In this way it should be pos- extremely diffi cult social, eco- of powers” in light of the speciÞ c energy sector. In this regard, sible to set up a balanced st- nomic and therefore political political and economic circums- especially looking at the very ructure of sha- red interests area could create the needed tances of Kosovo. In other well compiled facts included in and inß uence: put-ting the preconditions for a fu- ture words: how should the so-called the comprehensive white paper political ownership in the hands energy market to be effi cient and ownership issue be resolved? on energy strategy and policy of the Provisional Ins-titutions open. Privatisation in the energy To Þ nd forward-looking solu- in Kosovo (EU Pillar, PISG - of Self-government (PISG) and sector can only take place once tions for this key issue, it is Energy Offi ce), the next steps the responsibility concerning Þ - these aims are accomp-lished. necessary to bear in mind that should be clear: the international nancial and in- vestment issues A close co-operation between the present decision-making community should take the in- in hands of the “Internationals” the PISG and international ex- process is in the hands of vestor role - using the pos- - supervision and oversight perience by independent experts unequal players: on one side are sibilities of the European Bank included. Only such a kind is crucial for fast and positive the international organisations for Reconstruction and Develop- of “separation of powers” to development. From my point of and on the other side are the ment (EBRD) or similar Þ nancial develop Kosovo ex- pertise and view, this is a special task for the Kosovo Assembly and Govern- tools. responsible manage-ment in this European Union. ASI newsletter 15 Assembly Prepares Three Laws on Energy After an in-depth analysis and the adoption of its recommendations by the Assembly plenary session on 19 June 2003 (see ASI Newsletter no. 8) and following several fact-finding missions, the Assembly Committee on Trade and Industry started to draft three pieces of legislation on energy. Various international experts have assisted the work of the Committee in this respect. Bajrush Xhemaili, Chairperson of the Assembly Committee on Trade and Industry. Aft er many unsuccessful 5. KEK should seek membership att empts made by the Assembly as a special entity in the of Kosovo and certain actors Institutions of the South- working in the energy sector eastern European System of to resolve the problematic issue Electro Energy, as a separate of energy in Kosovo, the Trade entity and Industry Committ ee was 6. To support the strategy for authorised to conduct research building new energy produc- on the reasons for the diffi cult tion capacity situation in the Kosovo Energy Corporation (KEK). 7. To build the interconnecting Upon the conclusion of the fact- line of 400 kW between Þ nding mission, the committ ee Kosovo and Albania wrote a report, which was to 8. To strongly support a strategy be discussed at one of the that will enable local staff to Assembly’s sessions. The com- manage KEK at all levels, and mitt ee Þ nished its job. We visited leave to the international staff the plant and discussed both the in an advisory role particular problems faced by this company and other problems 9. To support the “KEK-YES” of this branch of industry in project to increase effi ciency general. Once we completed and improve the Þ nancial the inspection, we prepared the situation report. In the conclusion we 10. The Assembly should autho- Bajrush Xhemaili presented our recommendations rise the Centre for Financial KEK, though the Assembly did be very successful. The working - in a parliamentary session de- Investigations, to conduct an not authorise any of the trans- group of the Committ ee of Trade bate - which were as follows: investigation on possible fers made. and Industry during the past corruption and mismanage- 1. To establish a parliamentary three months held open and ment in KEK. In December 2003, our Commit- Energy Committ ee tee decided in one of its meetings transparent meetings, as oft en as three times a week. We have 2. To prepare laws on the Despite all the recommenda- to initiate the preparation of Þ nished the Þ rst draft , which activities of KEK: the Law on tions, the situation in the energy the legislation on energy and Energy, the Law on Mines, the sector is almost the same. The address this matt er to the Pre- consists of three laws, the Law Law on Geological Research power cuts and a poor heating sidency of the Assembly. We on the Energy Regulatory Body, and the Law on the Energy supply continue to be prob- also sought help from various the Law on Energy and the Regulatory Body lematic. Supply to households experts and donors working Law on Electric Energy. These is still not stable. What’s more, with the Assembly, such as laws are based on Slovenian, 3. The Government of Kosovo in spite of all eff orts made and USAID and EAR, and they exp- Croatian, Bosnian, Polish, Hun- should take over the respon- initiatives undertaken to resolve ressed their readiness to support garian and Bulgarian legislation, sibilities in the energy sector the problem, the situation with us on this issue. Furthermore, and they are in keeping with ASAP, and establish the the energy supply has not we invited all parties from both EU Directives and the Memo- Ministry of Energy improved yet. Instead, another the public and private sectors randum of Understanding sig- 4. To review the reconstruction problem arose: the failure of to participate in the working ned in Athens, where Kosovo is of KEK so as to become KEK to recover money for the group, and the committ ee ap- a member. The laws, in general, proÞ table and competitive in energy it produced, which pointed the members of the will enable Kosovo to become the regional energy market, resulted in the transfer of funds working group. a part of the competitive and until relevant systematic laws from the budget surplus. The The process of the preparation sustainable energy market. are in place transfer was done by UNMIK to in the Assembly turned out to To be continued at pg. 23 16 ASI newsletter Democracy to the Rescue The Assembly’s Finance and Economy Committee held its first-ever public hearing in January to review a bill on establishing a Chamber of Commerce for Kosovo. The deputy chairman of the committee, Fatmir Rexhepi, declared this test of democracy a big success that brought to light the much-needed views of Kosovo’s business community.

By Jeff Bieley, whether or not to join the local OSCE Deputy Spokesperson Chamber of Commerce and pay “We want to be seen as a partner membership fees. in developing business in At the hearing, representatives Kosovo,” Mr. Rexhepi said. “We of the business community said were interested in the opinions that the approach taken in the of everyone and their views on law was too inß exible, and took the principles for creating this away from them the right to law.” decide how to organise their In fact, it was only natural own Chamber of Commerce. to invite business leaders to Mr. Rexhepi agreed with this address the Assembly com- principle, saying that the law mitt ee, he added, because the must “support the interests of bill in question was being business and not the state, which considered on their behalf. “We has many other laws passed in couldn’t just do this ourselves. its own interest.” This is a law for another com- Accordingly, he said that the munity. We needed their par- committ ee would consider an ticipation.” amendment to the bill to allow Taking advantage of the op- the Chamber of Commerce to portunity to be heard, many hold a referendum of busines- representatives of Kosovo com- smen on the question of man- panies att ended the hearing, datory membership. “This is the and addressed several key more democratic way, to allow Fatmir Rexhepi elements of the bill prepared the Chamber of Commerce to by the Ministry of Finance and Þ nd its own way of deciding preparing a law “that doesn’t an open exchange of ideas and Economy. what is most suitable.” close competition, but opens up principles with those whose Mr. Rexhepi explained that one Other issues discussed at the and allows competition.” interests are at stake, the com- of the main issues was whether hearing included the by-laws of mitt ee empowered itself to rep- membership in the Chamber of “The law should be on the the Chamber and how its leaders resent them in the best way. Commerce would be obligatory Chamber of Commerce and would be selected. In this area for all Kosovo businesses, which other associations for the orga- “Through the public hearing we too, important suggestions were he said number more than nization of business,” he said. avoided the inß uence of politics. made to improve the draft law 50,000. In the draft prepared “That is, the Chamber should We kept the hand of politics by the ministry, all businesses and correct provisions that some not be a monopoly.” out of their organization,” Mr. would be required to become participants felt would create an Now, as the measure comes back Rexhepi said. members of the Chamber and overly centralised organization to the committ ee for review, Though the Þ nal law is likely pay dues to the organization. with too strong of a leadership suggestions from the business to diff er substantially from the body. This system follows the model community will be incorporated draft submitt ed by the Ministry, of how chambers of commerce Also, the bill as it was originally into the law. “We want to open it the committ ee’s deputy chair- work in several developed writt en referred only to the up and make it more democratic man said this is the duty of European countries, like France Chamber of Commerce, while and business-friendly,” the the parliamentarians to decide. and Germany. At the same time, at the public hearing it was deputy chairman said. “We, as MPs, have to take this most other countries in the suggested that the draft law Overall, the holding of a public approach to be more democratic, Balkan region have voluntary should be changed to apply hearing on the bill has shown even if this is what the Ministry business associations, Mr. more broadly. Here too Mr. that the process of law making prepared.” Rexhepi said, where each Rexhepi found the views of is essential to the quality of In the end, he said, “The law is company can decide for itself business leaders helpful in the Assembly’s work. By having the Assembly’s.” ASI newsletter 17 Legislative strategy of the Kosovo government through October 2004 One of the main duties of the government of Kosovo is the completion of the legislative framework enabling normal life and work in Kosovo. It is obvious that the legislative programme of the government, as approved by the Assembly in early 2002, has consider- ably changed. A number of draft laws were not processed by the Government and Assembly within the envisaged timeframes, while - luckily - there were cases when the programme orientations were achieved beyond expectations. Taking into consideration that during this year many competencies were transferred to the Provisional Institutions of Self-Government (PISG), a new legislative strategy became a necessity. The Legislative Strategy of the Government for the period October 2003 - October 2004 undoubtedly represents one of the most important acts recently adopted by the Government of Kosovo. Azem Hajdari, The fact that the Government of competencies, the Secretary to the Government recently has approved legal completion of legal The proposal for the preparation initiatives that were not envi- infrastructure, whi- of this important document saged by the adopted Strategy ch is currently a initiated by the Prime Minster’s conÞ rms this fact. The Law on competence lying Offi ce was referred to the International Loans represents with the UN Mission Government of Kosovo on a typical example of this ß exi- in Kosovo, repre- September 12, 2003. The Govern- bility. sents an essential ment of Kosovo approved this The need for the preparation issue. proposal at the meeting held of this Legislative Strategy of The legislative stra- on September 17, 2003. Subse- the Kosovo Government has tegy of Kosovo for quently, the Prime Minister of several justiÞ cations. On the the period October Kosovo signed Decision No. occasion of the establishment of 2003 through Oc- 69/4, dated September 22, 2003, the Government, it turned out tober 2004 is ex- on the Establishment of the that the part of the Government pected to produce Working Group for the Pre- Program dealing with legislation multiple and diverse paration of the Strategy. Mem- covered a time period through eff ects. Some of the bers of the working group, October 31, 2003. The initial most important im- including nearly all the major legislative program of the Go- pacts that the stra- actors of legislative policy in vernment, in some of its im- tegy would have are Kosovo (the Prime Minister’s portant elements, was assessed listed below: Offi ce, the Ministries, the as deÞ cient. Clearly the Gover- First - By means of Prime Minister Bajram Rexhepi Assembly, as well as civil so- nment program, as far as the ciety), aft er intensive work, laws identiÞ ed as legislative Þ eld is concerned, Fourth - The fourth eff ect is managed to prepare the docu- priorities for the legislative stra- was prepared in a rush and undoubtedly of a political nature ment, which was adopted by tegy of the Government, Kosovo at a time when the Provisional because these laws will guide the Government of Kosovo at will manage to regulate, in many Institutions of Self-Government Kosovo to its desired future; the meeting held on October Þ elds, a series of important were in the very initial stages. Fift h - This array of laws will 15, 2003. The Government’s relations in society; At that time, there were only a also have an important eff ect Legislative Strategy for the few national experts involved in Second - These laws will put an on the fulÞ lment of Kosovo aforementioned period establi- the process. Even those experts end to the legislative vacuum, citizens’ interests, because they shes the framework for the crea- who were involved were only to many legal gaps, and to will, for the Þ rst time, regard the tion of 119 draft laws, deter- partially or not at all engaged the applicability of a variety of laws adopted by the Assembly mines the legislative priorities of in the program’s preparation. laws of Serbia and the former of Kosovo as the laws of their Kosovo, sets out the obligations Circumstances are now diff erent Yugoslavia in the territory of own country, and of the various actors and deÞ nes in Kosovo; therefore the deter- Kosovo; timelines for the execution of Sixth - These laws will provide mination of legislative priorities these priorities. It is worthwhile Third - Once it is conÞ rmed adequate conditions for the is considered a timely im- mentioning that the Strategy is that these laws conform to UN fulÞ lment of the collective and suffi ciently ß exible, because it perative. standards and the laws of UN individual needs of Kosovo’s ci- does not impede other legis- Pursuant to the Constitutional member states, they will play tizens, because they will regulate lative initiatives, if such ini- Framework on Provisional Self- an important role in bringing important Þ elds of life in tiatives are deemed necessary by Government in Kosovo and in Kosovo closer to integration in Kosovo, including in economic, the legislative actors of Kosovo. order to accelerate the transfer Europe and more widely; social and environmental areas. 18 ASI newsletter Study Visit to Belgian and European Parliament In the second week of December 2003, a mixed delegation of two Assembly Members and five Secretariat Staff of the Assembly of Kosovo visited the Belgian House of Representatives and the European Parliament in Brussels. The main purpose of the study visit was to provide a practical introduction to a proven parliamentary electronic document management system (DMS) in a multi- lingual environment. The visit enabled participants to obtain detailed information concerning the philosophy, parliamentary culture, operating environment and practical interaction with the Belgian Parliamentary Secretariat staff. By Roger F. Roy, Project Manager, SPEAK Project in Support of the Assembly of Kosovo, Inter-Parliamentary Union/UNDP-Kosovo The Delegation received a warm welcome from the recently elected Secretary General of the Belgian House of Represen- tatives, Mr Robert Mytt enaere. It was evident as the study program progressed that Mr. Mytt enaere and his staff spared no eff ort in preparing a detailed programme that addressed the needs of the Kosovo delegation in the context of the project in Support to Parliamentary Electronic Archives in Kosovo (SPEAK). The walk between me- etings at the Belgian Parliament proved to be a rich experience for the delegation. The many hallways and rooms connecting the House of Representatives and Senate display Belgium’s rich cultural heritage including the history of its Parliament, Kosovo Delegation during its visit to the Belgian Parliament in Brussels established in 1830. This is por- development of their databases. trayed through many large ta- work presently in progress. The Carrefour Bank of Databases In the aft ernoon, the delegation pestries, oil paintings, sculptures session proved to be very helpful with respect to all aspects of received a presentation on the and antiques. for the Kosovo Librarian, Ms. Belgian Legislation. role of information technology Memishi, and Ms. Shukriu, the The aft ernoon session was de- The program was shaped in in the overall legislative process. MP with an archive background. dicated to an in-depth look on such a way that all members of This was followed by a live This was followed up with a the draft ing of text of legislative the Kosovo Delegation were able session of the Parliamentary session on the present system sessions and the administrative to gain some useful information Working Group of the Ministry of numbering and digitisation instruments used for this draf- and practical insight on exactly of ScientiÞ c Policy. The Ministry of archives and parliamentary ting work. Participants were how a parliament works in an provided the very positive “electronic world” and using the documents. In the aft ernoon, shown how this work is carried conclusions to a recent national there were presentations on Belgian parliament’s Document survey on the public acceptance out on the computers of the digital recording of minutes, the Management System as a of public electronic voting. The staff . use of Digivox for recording touchstone. day concluded with a presen- Committ ee Meetings. Finally a Day Four tation on all administrative as- Day One visit was arranged to view the pects of draft laws, legal initia- The Belgian House of Repre- Following a presentation on the parliamentary printing house. tives and legislative amend- sentatives arranged a special Belgian legislative system and ments. Day Three morning session with the Bel- its procedures, the delegation gian State Council that oversees had an in-depth tour of the Day Two The delegation was given a the legality of all proposed very helpful presentation on the Belgian Parliamentary Library The morning began with a pre- legislation introduced by Bel- use of IT in the translation of relating to document number sentation on the Parliamentary gian Ministers at the federal and parliamentary documents and management, microÞ lming and Document and Archives Di- state levels. scanning of documents for the on the establishment of a vision with reference to the The aft ernoon was devoted to a ASI newsletter 19 visit of the European Parliament that was specially prepared for the delegation in co-operation Assembly Committee visits with the Inter-parliamentary Union. Presentations were made by the Director General - Divi- colleagues in Sarajevo sion for Relations with National As part of its regional parliamentary exchange program, the Friedrich Ebert Stiftung (FES) Parliaments and Assemblies organised a working visit to Sarajevo with the Kosovo Assembly Committee on Labour and Social who are not members of the Welfare. The visit took place from 29 November to 3 December 2003, at a time when the proce- European Parliament. Other dure for privatisation in Bosnia and Herzegovina was being revised. The delegation was led in a sessions focused on work of the very professional way by committee chairperson Stojanka Petkovic. Secretariat Bureau, and a visit to the Parliamentary Documentary Besa Luzha, Centre. The aft ernoon concluded FES programme co-ordinator for Kosovo with a very lively session involving Mr. Geoff rey Harris One can say that some aspects the FES Pristina co-ordinator. Governmental Board of Mi- of the economic, political and and Ms. Sabina Mazzi-Zissis In order to ensure a well focused nister’s working group on the of the South West Europe Bu- social situation in Kosovo and visit, we decided this time to Strategy for Poverty Reduction reau. A very thorough and frank Bosnia and Herzegovina are approach only one Kosovo and Development, represented discussion was held on the si- similar. Firstly, they had a committ ee, the Committ ee on by Mr. Haris Mesinovic, a tuation in Kosovo and conc- common history in the former Labour and Social Welfare, former Minister of Labour. luded with excellent presen- Yugoslavia. Both have diff erent matching it with two com- tations by Mr. Fatmir Sejdiu, ethnic groups and have to think The delegation received lots mitt ees from the Sarajevo side, MP and Member of the Kosovo about balanced governing. Also of materials from the Federal Assembly Presidency and Ms. the Committ ee on Labour, the employment situation, social Parliament and the Ministries Edi Shukriu, MP. Health and Social Welfare and system and economic develop- they visited, including the draft the Committ ee on Invalids, War Documentation and ment are quite similar, though of the strategy mentioned above. Veterans and Missing People. Presentations Bosnia and Herzegovina has All Bosnian legislation in this As a result of the study visit advanced some reforms in this We arrived in Sarajevo at a Þ eld is now available to Kosovo to Brussels, a great deal of very regard. The experience with the time when the committ ees were parliamentarians to read and useful, practical information was legislative process where three focussed on a procedure for compare. collected in English and French. revising the privatisation pro- ethnic communities are working The group was led by Mrs. This material is being complied cess in BiH. The delegation had together at the federal level was Stojanka Petkovic, MP from into a database using reference meetings with the chairpersons an important element that we Coalition Return. She led the sites provided to us by the and other members of the wanted to share with the Kosovo delegation in a very constructive Belgian House of Representa- parliamentarians. The fact that committ ees. The delegation also tives, the Belgian Senate and way, avoiding ethnically di- Bosnia and Herzegovina also had a chance to participate in the European Union. A hard visive discussions and sti- experienced a period of time the plenary session upon the copy of all the documents and mulating meaningful debate on where a UN mission was in- invitation of the President of presentations collected will be professional issues. She also volved in the policymaking and the Parliament, Mr. Muhamed catalogued and made available presented in a fair manner the administration of the country Ibrahimovic who joined the through the SPEAK Offi ce at the work of her committ ee, its was a challenge for the group in delegation during three eve- Assembly of Kosovo. problems, results and challen- understanding the functioning nings and actively participated In his conclusions about the in the discussion. The Kosovo ges. Although it was somehow Study Tour to Brussels, Mr. Sali of a comparable scheme in Ko- delegation has been assured by accidental, the group consisted Rexhepi, Head of Plenary and sovo. their Bosnian colleagues that mostly of women, so the gender Procedural Section (Table Offi ce) FES had been in contact for a factor played an important role summed up the visit to Brussels they are ready to help them as long time with the Parliament in the positive course of the by observing: “We gained val- experts. in Bosnia and Herzegovina in visit. uable knowledge about the order to arrange these meetings The Deputy Minister of Labour functioning of the Belgian House that we thought would be most and Social Welfare also received MP’s from both Pristina and of Representatives on how to valuable for the Kosovo dele- the Kosovo delegation and gave Sarajevo agreed to continue deal with legislation and on the gation. The composition of the an overview of the situation co-operation and the FES con- use of information technology concerning employment, the cept of the visit was evaluated to support the preparing, retrie- delegation was based on pro- social scheme, pensions and by both sides as professional ving and distribution of par- portional party and ethnic and content-oriented, thus liamentary documents.” representation. The group con- other issues. Another important sisted of 8 MP’s, a translator and meeting was held with the worthy to be continued. 20 ASI newsletter The Rules of Procedure of the Assembly: An Update For any legislature to work effectively, all members of the legislature must understand the rules by which the chamber operates. Without clear and universally understood rules, a legislature will face many procedural and, ultimately, political battles.

By Kevin Deveaux, National Democratic Institute (NDI)

of the Provisional Rules of • Members have the right to concerned with those changes Procedure, but to improve upon submit interpolations – a that it believed infringed upon the Provisional Rules while means of forcing the go- the Constitutional Framework. ensuring the rules comply with vernment to explain speciÞ c In March 2003, UNMIK’s Offi ce the Constitutional Framework. decisions or policies of Legal Aff airs (OLA) and The National Democratic the Assembly met to discuss • Deadlines were set for Þ ling Institute (NDI) has been a resolution to the impasse. documents and motions with working with the Assembly of Progress was made at that the Assembly, ensuring tran- Kosovo since it was established meeting and four of the seven slations will be completed in issues were resolved. The in late 2001. Through the a timely manner Assembly agreed to reconstitute Assembly Support Initiative the working group to review the (ASI) and with the assistance of • Committ ees and individual seven concerns and recommend USAID, NDI provided technical members have the right to further changes to the revised support to the working group draft laws and submit the Rules of Procedure. The in draft ing new Rules of draft laws to the Assembly working group reported back Procedure. for debate to the Presidency and the Through the latt er half of 2002, Assembly in October 2003. The • Kevin Deveaux the working group met on a Parliamentary groups have Assembly approved changes to more authority and respon- The Assembly of Kosovo was regular basis to discuss changes the Rules to reß ect many of the sibility convened shortly aft er the to the Rules. Of particular concerns of UNMIK. concern to the MPs was However, not all of UNMIK’s November 2001 elections. To • At a committ ee, a Minister ensuring the ability of residents concerns were addressed. assist with the inaugural session can be compelled to att end of Kosovo to participate in Therefore, the Revised Rules of of the Assembly, UNMIK and testify draft ed Provisional Rules of the legislative process, either Procedure still have not been through public hearings or Procedure that were to be used • Ad hoc committ ees can be approved by the SRSG. The by the Assembly until they through the submission of established to investigate spe- Assembly still relies on the had time to draft and develop petitions. The review of the ciÞ c issues Revised Rules when conducting revised rules. It was always Rules was completed in its business. It is hoped that understood that the Provisional December 2002 and the draft • The mandates of all com- the confusion caused by this Rules of Procedure would be revisions were submitt ed to mitt ees have been spelled out impasse will be dealt with in the near future. used by the Assembly of the Assembly in January 2003. in detail in an annex to the Kosovo for a short period of The Revised Rules of Procedure Rules NDI will work one-on-one with time. were adopted by the Assembly each parliamentary group in plenary session on January 9, The Assembly of Kosovo views the next couple of months to In the summer of 2002, the 2003. the Rules of Procedure as an provide training on the revised Assembly appointed a working internal document that does Rules of Procedure. By group of MPs to draft new not require the approval of providing support to each Rules of Procedure. The group The highlights of the the SRSG. However, UNMIK group, it is hoped that the was chaired by Arsim Bajrami changes to the Rules of has a diff erent opinion and in parliamentary groups will and consisted of Fatmir Sejdiu, Procedure include: February 2003, UNMIK noted increase their inß uence in the Nekibe Kelmendi, Bajram seven concerns with the revised Assembly of Kosovo and, in Kosumi, Muhamet Kelmendi • Committ ee meetings are Rules. UNMIK was not turn, ensure the Assembly and Dragiša Krstović. The presumed to be open to the prepared to endorse the revised adheres to the Rules of mandate of the working group public, except in very limited Rules until those seven changes Procedure and works more was not to rewrite all the clauses circumstances were made. UNMIK was eff ectively. ASI newsletter 21 Friedrich Naumann Foundation organises a working visit in the Austrian Parliament A delegation of the Assembly of Kosovo, composed of chairpersons and members of the Committees of Finance and Economy, Trade and Industry and Budget, visited Austria on December 9, 2003. The visit was organised by the Friedrich Naumann Foundation Office in Pristina. The delegation met with counterparts from the Austrian committees, with the Deputy Head of the Austrian Parliament, Mr. Heinz Fischer, with OSCE representatives in Vienna and with consultative organisations. By Haki Shatri and Minire Çitaku The group of Kosovo MPs had come a member of the European the chance to become closely Union, saying that the accession acquainted with the structure, of Kosovo to the EU currently functioning and history of the depends on its Þ nal political Austrian Parliament. Aft er- status. Mr. Fischer expressed his wards, the delegation of the wish for a peaceful and fair Kosovo Assembly held separate solution to this issue. Conveying meetings with their counterparts his Þ nal message for the last from committ ees of the Austrian stage of EU expansion, Mr. Parliament, including with the Fischer said that Kosovo - presidents of the Budget Com- together with some neighbou- mitt ee, the Economy Committ ee ring countries - should be listed Representatives of the committees of the Kosovo Assembly meet their and the Trade Committ ee. among EU accession countries. colleagues from the Austrian Parliament. In the course of all these mee- At the end of the meeting, Mr. tings, the Austrian parliamen- Fischer and Mr. Haki Shatri gave volvement in and assistance to very knowledgeable about the tarians expressed their willing- an interview to the Austrian the Police School in Vushtrri/ general circumstances in Ko- ness and readiness to continue News Agency about the role and Vucitrn. sovo. meeting with their Kosovo importance of the visit. Also, Ms. Margaretha Uebber, The concept of the visit - the colleagues, both to put the In addition to these meetings, a political offi cer of the Mission combination of theoretical and Austrian experience at their representative of the Ministry of of the Federal Republic of practical insight - was well app- service, and in terms of offi cial Education, Science and Culture Germany to the OSCE Perma- reciated by all the participants, contacts in Pristina, too. The received the delegation of the nent Council, made a presen- as a continuation of the Friedrich fact that the discussions with Assembly of Kosovo. Through tation on the role and en- Naumann Foundation’s assis- the Austrian MPs were highly this meeting the delegation had gagement of Germany in the tance to the respective commit- OSCE. focused on exploring new the opportunity to get bett er tees since the establishment of possibilities for a higher scale acquainted with Austria, from Among many meetings orga- the Assembly. of involvement of Austrian the viewpoint of its historical nised with the Austrian Par- The knowledge and experiences enterprises in diff erent Þ elds and current situation and edu- liament colleagues, a very fruit- that the members of the Kosovo of economy in Kosovo is also cational system, among other ful one was the meeting with Assembly committ ees obtained worth mentioning. areas. Austrian experts on energy. In in Austria can be noticed in this meeting, which was the Meeting with Mr. Heinz Fischer, A nice reception for the Kosovo the commitment they showed case with all the other meetings, immediately following their re- for many years President of the parliamentarians was organised the Kosovo delegation was able turn to Kosovo. A public hearing Austrian Parliament and now also in the OSCE headquarters to exchange professional ideas on the role, functions and tasks its Deputy President, was of in Vienna. On this occasion, the and experiences with competent of the Chamber of Commerce particular interest. Mr. Fischer, Kosovo delegation familiarised Austrian consultants. This mee- was held in January, and later at the beginning of his speech, themselves with the structure of ting clearly reß ected on the mentioned his visit to Kosovo this organisation - with a special current situation and the needs, another law on energy is ex- in 2002 at the invitation of the emphasis on the OSCE activities opportunities and prospects for pected, among others. Assembly of Kosovo and the in Kosovo and the region. Mr. energy development, particu- The Friedrich Naumann Foun- OSCE. He said that he is familiar Alexander Nitzsche, OSCE larly electrical energy, in Kosovo. dation Offi ce in Pristina will with the current situation in Public Information Offi cer, The issue was also discussed in continue with its engagement Kosovo. Besides consultations introduced this institution’s way relation to and in comparison and assistance in building de- and exchanges of information, of functioning, highlighting its with the energy situation in mocratic institutions as well as Mr. Fischer responded to a contribution in organising the other neighbouring countries. In providing its insight for creating question made by one of the last parliamentary election and this context, a discussion was a developed economy based on Kosovo parliamentarians regar- the upcoming election in held with the Austrian energy the EU “Acquis Communau- ding Kosovo’s chances to be- Kosovo, as well as OSCE’s in- expert Dr. Volker Kier, who is taire” criteria. 22 ASI newsletter Support activities to the Assembly

German MP discusses parliamentary decision- The programs were produced in co-operation with Teams on Media Support and Central Governance Support from the OSCE making processes Department of Democratization, with a view to helping journalists The Friedrich Ebert Stift ung (FES) invited Mr. Karsten Schoenfeld, covering the Assembly to extend their knowledge and consolidate MP from the German Bundestag, to meet with Kosovo politicians their skills on producing balanced programs reß ecting the views on 29 and 30 November 2003 in Gjakovë/Djakovica to discuss of various political parties. The project also included a visit to decision-making processes within and between political groups. Ljubljana by journalists covering the Kosovo Assembly, to observe Among the participants from the Assembly were Fatmir Sejdiu, RTV Slovenia and its coverage of the Slovene Parliament. This Hydajet Hyseni and Naim Maloku as well as politicians from the study trip in October was of great beneÞ t to the journalists, municipal level and from the parties’ youth forums. allowing them to enrich their experiences. Mr. Schoenfeld gave an overview of his experiences in organising The overall aim of the project was to contribute to more objective a group of young parliamentarians within his political group. He media coverage of the Assembly’s work, and at the same time gave details on initial concerns by the party leadership and the provide additional information to bett er acquaint the population following improvement of internal decision-making processes by of Kosovo with developments in the political arena and increase structuring the internal discussion in a consensual way. The group the transparency of the Assembly in the eyes of the electorate. (By then discussed the applicability of his experiences to the political Lizabeta Paloka) situation in Kosovo and in regard to Þ nding political solutions for problems like education, environment, economic development, the rule of law and European integration. Preparing the implementation of the Law on Access to Official Documents The Law on Access to Offi cial Documents was promulgated by the Assembly launches its web-site SRSG in November 2003. This law ensures the right of all residents The Division for Media and Publications of the Assembly of of Kosovo to access public documents in the possession of the Kosovo is expected to launch the web-site of the Assembly of PISG, municipalities and many other government institutions. The Kosovo during February 2004. This will be the Þ rst offi cial web- National Democratic Institute (NDI) worked closely with the Offi ce site to be launched by the PISG. The web-site contains information of the Prime Minister and other NGOs, including IREX, to develop about the Assembly Members as well material on the Assembly the draft law for submission to the Central Assembly. NDI also structure and secretariat. The laws adopted by the Assembly worked with the Public Services Committ ee to conduct public so far and a calendar of present activities in the Assembly will hearings on the draft law. also be included. The web-site aims to increase the visibility and Now that the law has been passed, NDI will provide training transparency of the Assembly of Kosovo. The web-site has been to civil servants, MPs and municipal staff to ensure the law is designed by the local company “Rrota Interactive”. The project has properly implemented. This training will take place from 16-20 been supported by the OSCE Department of Democratization. February 2004. Other NGOs will provide training of journalists and other interested groups in 2004. TV Programme on the Assembly’s Work in 2003 What were the most important decisions made by the Assembly Country Offices in Pristina updated of Kosovo during the last year? What would improve the work of the Assembly? How much are the Assembly Members themselves On 15 December 2003 a consultative meeting with country critical of the work of the Assembly? What do the members Þ nd offi ce representatives was held at OMiK HQ. On this occasion, stressful in their work, what are their challenges? Ambassador Pascal Fieschi gave an update on the progress of preparations for the 2004 Assembly Election, mentioning that These were the questions addressed to MPs of the Kosovo no concrete election date had been established yet. The Election Assembly in the third 30-minute TV programme done by print and Department pointed to the establishment of the CEC Secretariat broadcast journalists from RTK, KTV and Bota Sot, and produced and the challenge of handing over responsibilities for election under the guidance of trainer Ms. Ljerka Bizilj of RTV Slovenia. operations to this newly created and independent body. The Central The program echoed how the Assembly’s work was evaluated, Governance Support Team gave an outline of the support activities criticised or justiÞ ed by the public and political analysts, putt ing it focusing on the Assembly since its inception and presented in context of the demands of the electorate. the priorities for 2004. Of these priorities, the co-ordination of The Þ rst two programs focused more on the weekly work of international assistance programmes to the Kosovo Assembly the Assembly whereas the third and Þ nal part was built on an in the framework of the Assembly Support Initiative (ASI) has analytical angle of the annual work of the Kosovo Assembly. a primary role. ASI partner organisations presented their 2004 ASI newsletter 23 priorities in supporting the Assembly and discussed with country Continuation from pg. 15 offi ce representatives various policy-related issues. Among these It may be that the Law on the issues were the huge demand for legislative work that the executive Energy Regulatory Body is the intends to put on the Assembly during the upcoming election most important one. This law year, which requires additional assistance and streamlining of will enable the establishment of international support programmes. an independent regulatory bo- dy, which will be responsible for licensing the producers and Final report of Sarajevo conference available suppliers of the energy in Ko- sovo, based on objective, trans- On 2-4 October 2003 parliamentarians from 11 parliaments in parent and non-discriminatory Southeast Europe, including the Kosovo Assembly, met in Sarajevo principles. The Energy Regula- to discuss common challenges in relation to poverty reduction and tory Body will be responsible for economic development. The Þ nal report of this OSCE conference regulating and approving the has been published in English, Serb-Croat-Bosnian, Albanian and tariff s and tariff methodology Macedonian and can now be obtained from all OSCE Missions in for household customers, which Southeast Europe, including the OSCE Mission in Kosovo. will bring about a greater energy supply at a more reasonable price. Manual on Public Hearings available Two other laws are part of a During the last year, several ASI organisations have actively package: the Law on Energy encouraged and contributed to the organisation of public hearings and the Law on Electric Energy. by Assembly committ ees. NDI has prepared a Manual on Public The Law on Energy deals with Hearings, with input from other organisations as well. The Manual the most important principles includes best practices and sample questions as well as practical and with the role of diff erent tips for preparing public hearings. It has been published in English, parties in the establishment of Albanian and Serbian. Copies can be obtained at NDI and OSCE. a strategy and programmes for the energy system of Kosovo. Included in this law are policies that will ensure a more effi cient New colleagues supporting the Assembly use of energy and at the same Several new people have joined organisations working with the time enable the use of renewable Assembly. Ms. Doina Ghimici (Romania) and Mr. Uli Steinle resources. (Germany) have joined the Central Governance Support Team The Law on Electric Energy within the OSCE Democratization Department. Mr. Patrick R. deals with the rules and con- Cadle (USA) became Program Director for Legislative Support ditions for the production, trans- within NDI. We are looking forward to work with them, to the fer, distribution and supply of beneÞ t of the Assembly. electric energy, as well as the market for electricity. In general, both these laws will bring about The Civic Herald bett er conditions and bett er ASI Newslett er welcomes the Þ rst issue of its electronic twin, functioning of the energy sector, the Civic Herald, the electronic media arm of the Civic Dialogue that is to say a higher quality, more sustainable and more se- project. The Civic Dialogue Project is implemented by the Mother cure energy supply for all. We Theresa Society from Pristina and the Centre for Regionalism from sincerely hope that other ins- Novi Sad with the assistance from the OMiK Democratization titutions will join us in our plans Department, the Freedom House Foundation and the Rockeff eler and eff orts. It should suffi ce to Brothers Fund. say that we are well aware of The Civic Herald aims at promoting and informing the public about the fact that this is a process and civic dialogue initiatives in the SEE region, with a focus on Kosovo it will take some time. However, and Serbia. Civic Herald will be produced on a bi-monthly basis we are conÞ dent that with trans- in three languages, English, Albanian and Serbian. It is available parent enforcement of the pro- on www.osce.org/kosovo and soon on the Civic Dialogue project posed laws, the problems in the web site: www.civil-dialogue.org. For comments or subscription energy sector will be resolved request, please contact: [email protected] once and for all. 24 ASI newsletter

ASI Mission Statement As the inter-agency coordinator of democrati- zation 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 indi- vidual Assembly Members, working visits to other parliaments, training for the legislative 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 Picture of the refurbished lobby of the Assembly Hall ASI-coordination.

Pictures in this Newsletter: Currently participating in ASI: Harvard-University: p. 1, 2 ; OSCE: p. 3, 4, 7, 8, 10, 11, 12, 13, 14,16, 17, 20, 21, 24; UNMIK-DPI: p. 6, 9; Council for the Defence of Human Rights and FNSt.: p. 15; UNDP: p. 18. Freedoms (CDHRF), Friedrich Ebert Stift ung (FES), Friedrich Naumann Stift ung (FNS), Konrad Ade- nauer Stift ung, East-West Parliamentary Practice Project (The Netherlands), European Agency of Reconstruction (EAR), United States Agency for International Development (USAID) in co-opera- tion with National Democratic Institute (NDI), United Nations Development Program (UNDP) in co-operation with the Inter-Parliamentary Union (IPU), Consortium of French, German and Belgian AASISI parliament, OSCE Democratization Department and the Assembly Secretariat with the active sup- Newsletter Belgrade Street 32, 38000 Pristina port of the Offi ce of the Prime Minister, UNMIK’s Tel. (+381-38) 500 162 Fax: (+381-38) 500 188 Pillar IV (EU) and the country offi ces in Pristina of contact: [email protected] Austria, Belgium, Germany, Italy, The Netherlands, http://www.osce.org/kosovo Switzerland, United Kingdom and United States. The views expressed by the contributors to this Newsletter are their own and do not necessarily represent the views of the Assembly, OSCE Mission in Kosovo or the ASI partner organisations.