AA s S s I e m b l y S u p p o r t I n i t i a t i v e Newsletter May 2003, No 06

• Interview with chairpersons of the Committees on Budget, Education, and Labour and Social Welfare • Prime Minister addresses the Assembly • Increased support activities to the Assembly 2 ASI newsletter From the editor

In this issue you will read interviews with the chairpersons of three Assembly Assembly Committ ees and its chairpersons Committ ees. It was striking to notice that the common message from each was that there is need for change and improvement. Changes in educational, social, budget and economic matt ers. Changes are needed, and working on improvements today Committ ee on Budget Haki Shatri will shape Kosovo’s future. Committ ee on the Rights It is encouraging to see the energy by which various organisations and foundations and Interests of Communities Dragiša Krstovic are forming a team and working together with the Assembly to bring about this Committ ee for Finance and Economy Slobodan Bjelic change and improvement, and contributing to a bett er life for the people in Kosovo. This Newslett er includes articles on substantial activities and advice given to the Committ ee for Trade and Industry Bajrush Xhemaili Assembly Members, the Committ ees as well as the staff . Committ ee for Education, When I att ended several Committ ee meetings during the last weeks, I was encouraged Science and Technology Hajredin Kuqi to notice the qualifi ed discussions taking place on the draft laws as they had been tabled by the Government. During the past two months political debates have Committ ee for Culture, intensifi ed. One of the key roles of any parliament, next to its legislative work, is to youth and Sports Edi Shukriu debate about diff erences in opinions in a democratic manner. Committ ee for Health Nafi ye Gas OSCE Democratization Department and all partner organisations in the Assembly Support Initiative (ASI) are committ ed to contribute to strengthen the Assembly. Committee for Environment This Newslett er gives news on that. Your feedback is most welcome. and Spatial Planning Naim Maloku Franklin De Vrieze, Committ ee for Labour Assembly Support Initiative Co-ordinator and Social Welfare Stojanka Petkovic Committ ee for Transport and Communications Edita Tahiri Committ ee for Public Services Nekibe Kelmendi Committ ee for Agriculture, Forestry and Rural Development Tomë Hajdaraj Committee on International Co-operation Sabri Hamiti Committ ee on Emergency Preparedness Agim Krasniqi Committ ee on Judicial, Legislative ASI and Constitutional Framework Matt ers Arsim Bajrami Newsletter Committ ee on Public Petitions and Claims Nergjivane Dauti Belgrade Street 32, 38000 Pristina Tel. (+381-38) 500 162 Fax: (+381-38) 500 188 Committ ee on Missing Persons Flora Brovina contact: [email protected] Committ ee on Gender Equality Melihate Tërmkolli The views expressed by the contributors to this Newslett er are their own and do not necessarily represent the views of the Assembly, OSCE Mission in Kosovo or the ASI partner organisations. Committ ee on Media Bogoljub Miloševic ASI newsletter 33 “WE NEED TO CHANGE FISCAL POLICY IN KOSOVO” Earlier this year an intensive roundtable discussion was held on economic matt ers with representatives from Assembly Committ ees, Ministers, UNMIK and other economic experts (see article elsewhere in this Newslett er). Mr. Haki Shatri, the chair- person of the Budget Committ ee, elaborated in an interview to ASI the impact of the current economic situation on the work of his Committ ee. Interview by David Kahrmann What are the main investments. When an some areas. activities of the budget Assembly committ ee went Is there some plan to committee? to get this information tax the income of those from KEK, it was not The budget committ ee is working abroad? one of the two main com- provided with any sort First of all we have mitt ees of the Assembly. of report or documents problems taxing Kosovo Before reviewing any law to look into. Under these residents who work for in the Assembly the budget conditions, giving the international organisations committ ee is consulted. surplus to KEK would be within Kosovo. As for Our committ ee examines irresponsible. people working in the each law and amendment Most of the budget comes Diaspora, they are subject that is proposed in the from VAT, excise tax and to laws and taxes where Assembly. Every amend- customs. What are other they are working. It would ment we want to make, we ways in which the govern- be much bett er if they present to the Assembly ment will seek to raise would invest the means and it is then discussed. revenues? that they have sett ing up Does the committ ee work respect, the latest work- with the surplus from last I think we need to change small and middlesized primarily with the inter- shop organised by the year’s budget? fi scal policy a bit, because businesses invoved in the current fi scal policy national community, or Friedrich Nauman Stiftung We are now discussing the production. We made an independently? and OSCE has been very surplus. On the basis of does not provide positive analysis and the Kosovo We work with consultants helpful in bringing all these the data I have, unused conditions for the private Diaspora could have appro- who work for the Asse- actors around the table. surplus from 2001 and sector to develop. The ximately 5 to 6 billion policy adopted in Kosovo dollars in capital. Kosovo’s mbly, the USAID con- What are the priorities for 2002 is about 290 million is the easiest method for institutions should take sultants, with the consul- the budget committ ee in Euro. For Kosovo, with collecting taxes, but measures for making the tants from the Prime 2003? its few fi nancial resources, Minister’s offi ce and with such poor management doesn’t take into circumstances more att rac- We have a lot of intensive people in the offi ces of of budget is unacceptable. consideration side eff ects, tive for such investments. tasks related to the revie- all ministers. We cooperate UNMiK’s Pillar Four has especially in regards to For example, when an wing and approving of with various NGOs, busi- suggested that the surplus the private industry. We investor wants to import laws in the Assembly. The ness associations and from last year’s budget also should think about technology for production, process of transfer of com- economic chambers of should be made available expanding the base of tax he could pay the customs petencies will also open a Kosovo. We also work to KEK. At the same time, collection. We are trying to and other taxes on the whole range of activities with individuals who are over the past three years do this with our proposed technology later, once he for the budget committ ee. specialists in particular KEK has never accounted law on property tax. Later, is actually producing and areas and with which we What has been the deci- for the funds invested there we should lower the maxi- employing people. Also, need to consult. In this sion about what to do and the return on these m u m rate for taxation in importers of raw materials 4 ASI newsletter should be looked upon and taxed in a diff erent way than those importing LATEST DEVELOPMENTS IN THE fi nished products. How much does smuggling hurt the budget? ASSEMBLY During the last two months the Assembly faced many challenges. Following is the summary We have no way to accurately determine how of a period marked by intensive political debates. much we suff er from Franklin De Vrieze smuggling. But, on the forms the basis for the Assembly plenary session basis of what can be seen Two resolutions and Serb PDK/AAK and LDK clash current government. On on March 27th saw att en- as an ordinary citizen in during March 2003 walkout March 20th Assembly dance by all parliamentary Kosovo, it isn’t hard to The Assembly proceedings President Nexhat Daci pro- groups, following expres- come to the conclusion The Assembly plenary during March 2003 were posed that the scheduled sed support for the Prime that smuggling is a serious session of 27 February marked by a growing rift debate with the Prime Minister and the coalition- problem. 2003 saw a walkout of between PDK/AAK and Minister on his fi rst annual agreement by represen- Will the budget committ ee Coalition Return (KP) after LDK. Mr. Bujar Dugolli, head of the AAK parlia- speech be postponed “in the tatives of the international be involved in any future the majority of the mentary group, and sup- interest of the preservation community in Pristina. talks with Belgrade? Assembly members decided ported by the PDK Assem- of the stability and unity With the contested reso- to add two extraordinary We have not been informed bly group proposed a of Kosovo’s institutions.” lution not mentioned, Mr. that we should be prepared items to the agenda of resolution on “the recog- While a growing split Dugolli indicated that for such talks, never- the session. These “urgent nition of the eff orts of the between the Kosovo Alba- further co-ordination with theless, there are a number issues” were a declaration Kosovo Liberation Army nian parties became most other parliamentary gro- of issues we should discuss on the arrest of Fatmir (KLA) to liberate Kosovo.” apparent in the Assembly, ups, in particular LDK, with them, for example Limaj, head of PDK During several weeks the the Prime Minister expres- was needed in order to taxation and customs. parliamentary group, by Assembly Presidency and sed confi dence in the harmonise positions before Plenary session debated at When will Kosovo truly be The Hague Tribunal and continuity of the work forwarding the issue to the length whether this draft able to pay for itself, while of the Government. The Assembly again. a declaration opposing the resolution would be put at the same time provi- creation of the Union of on the agenda or not. ding minimum European Bujar Dugolli, head of the AAK Parliamentary Group, Serb Municipalities. The On March 6th, the issue standards to its people? on 6th of March 2003. parliamentary groups of led to the postponement I think that Kosovo should LDK, PDK, AAK and Other of the plenary session for be involved in integration Communities supported the following week. On in the region and in Europe. March 20th, PDK and AAK Through integration, stan- the resolutions, while KP Assembly members boy- dards will defi nitely rise. stated that these matt ers cott ed the plenary session Maybe in fi ve years or so fall outside of the Assem- due to non-inclusion in we will fi nd Kosovo in the bly’s mandate. The reso- the agenda of the proposed mainstream, on the road lution on the ICTY indict- resolution on war values. toward economic prospe- ments reiterated support Prominent members of these two parties called for rity, without having big for The Hague Tribunal, social or economic pro- a review of the three-party but called for the release of blems. co-governance model and Mr. Limaj, pending trial . coalition agreement that ASI newsletter 53 Djindjic’s assassination Kosovo and LDK President legal experts on the Joint date and the challenges tice system, he reiterated puts Belgrade - Pristina Rugova, and PDK President Advisory Council on ahead in building an that the Assembly should Thaci. The purpose of the Legislative Matt ers, which independent, multi-ethnic, not discuss accusations talks on hold meeting was to comme- began on the initiative impartial and competent against individual Serbs The assassination of Ser- morate the one-year of the former SRSG judiciary. but leave that to the bia’s Prime Minister Zoran anniversary of the format- Bernard Kouchner. Legal Ms. Nekibe Kelmendi (LDK) courts. Djindjic on 12 March 2003 ion of the coalition govern- experts from the Council presented a 10-page report Mr. Cady noticed a signi- has shocked Kosovo Serbs. ment and to assess and of Europe, OSCE, the on the current situation fi cant improvement in the Member of the Assembly agree on the way forward. American Bar Associa- of the Justice system, on Kosovo legal system, bec- presidency and Coalition The joint declaration issued tion-Central and Eastern behalf of the Assembly ause one has to take into Return (KP), Gojko Savic, after the meeting on European Law Initiative, Committ ee for Legislative, account that the court said “A period of uncer- February 28th called for UNICEF and other agencies Judicial and Constitutional system had to be built tainty has come for Serbs “direct dialogue with all played an important role Framework Matt ers. The from scratch four years in Kosovo.” While the countries.. to address prac- in drafting these Codes. report recommended sub- ago. He said the number Kosovo Government con- tical matt ers of mutual Extensive consultations stantial reforms including of judges and prosecutor demned the murder as a interest.” After the muder have been taken place an increase in the number per residents has reached “cowardly act,” President on Prime Minister Djindjic, within the Kosovo legal of judges, prosecutors and the European average. of the Assembly Daci said Mr. Steiner ack-nowledged community. Judges, pro- professional legal assista- Replying to the critics that that Djindjic was the sym- that more time is needed secutors, lawyers and nts in the courts, the the laws of the former bol of the beginning of before talks can start. academics have also creation of a Ministry of Yugoslavia are still being democratic processes in reviewed the draft texts Justice and Constitutional applied, he said all the laws Serbia and added that the New Criminal Codes and have provided com- Court, as well as the containing no discrimi- murder will damage the being considered by ments. Consultations have honoring of the principles natory clauses are still democratic process in the also taken place within of division of the judicial, eff ective. “We cannot bring region. KP did not att end Assembly UNMIK, including Pillar executive and legislative packages of new laws in the plenary session of the On March 28th SRSG I, and with the Offi ce of power. our briefcases” said Mr. Legal Aff airs at the UN Assembly of Kosovo of Steiner forwarded the draft Mr. Arsim Bajrami, Chair- Cady. He said that a good March 13th as they were Provisional Criminal Code Headquarters. person of the Assembly job has been done with observing the period of and the draft Provisional Committ ee, said the main penal code procedure and offi cial mourning in Ser- Criminal Procedure Code Assembly debates reasons for the diffi cult the penal code that would very soon be sent to the bia. to the Prime Minister so situation in the court sys- Justice System Kosovo Assembly, ‘Then that the government and tem are the bad personnel The events in Serbia have Following the fi rst discus- you can say that you have Assembly would have a policy and the “applicable put on hold eff orts to start sion of this kind on your own laws.’ Cady chance to review and law” dating from the days direct talks as proposed January 23rd (see ASI emphasized that, ‘Mul- comment on the docu- of former Yugoslavia, and by SRSG Steiner on March Newslett er n. 5, p. 10-11) , ti-ethnicity in the judicial ments. Pursuant to the which is still being 3rd between Pristina and the Assembly continued system will be the leading SRSG’s reserved powers implemented in order to Belgrade on “practical the analysis and debate on principle, for the moment issues” which would be these draft bills will be avoid a legal vacuum. promulgated as UNMIK the current situation in the Serbs are only 5% of judges in the immediate interests Mr. Dragisa Krstovic (KP) Regulations, but Mr. Justice system on April and only 2% of perse- of the people of Kosovo. said that the report of the Steiner stressed that “the 10th. Jean-Christian Cady, cutors, while other mino- The proposal for direct Assembly Committ ee did Kosovo institutions should Deputy SRSG for Police rities have bigger per- talks was a follow-up to not rightly criticize the be fully engaged in this and Justice (UNMIK Pillar centages.’ He welcomed the dinner meeting on applicable law from the major legal initiative.” I), presented a report on eff orts by judges and February 28th which Mr. the Status of the Judiciary former Yugoslavia. While prosecutors to be impar- Steiner hosted for PM Preparations of the two between December 2002 expressing the need for tial, regardless of threats Rexhepi, Assembly Presi- Codes have been a major and April 2003. He out- a fruitful discussion on and pressure imposed on dent Daci, President of exercise, involving Kosovo lined the achievements to improvements of the Jus- them. 6 ASI newsletter Assembly approves in order to enable Kosovo Promulgation of Laws governmental institu-tions Report of Committ ee on O n 15 April 2003 SRSG to evaluate what steps Missing Persons Steiner wrote a lett er to are required, not only to O n April 10th the Assem- prof. Daci, President of the facilitate returns, but also Assembly, informing him bly Committ ee on Missing to improve the conditions Persons presented its fi n- about the promulgation of for minorities living in the Law on Environmental dings to the plenary ses- Kosovo. The Assessment sion. Committ ee chair- Protection, Law on Liqui- found that, despite impro- person Flora Brovina said dation and Reorganisation vements noted during the that 4,000 persons are still of Legal Persons in Bank- last half year, concerns missing. She stated that ruptcy and the Law on rem-ain in minorities’ private camps and prisons Seeds. In his lett er the with missing people from access to essential services, SRSG indicated that four Kosovo do exist in Serbia. pro-perty rights, justice other laws, which have Stojanka Petkovic (KP) and public, civil and been have been sent to him inquired about the missing political structures, and and which are pending persons of Serb and other their sec-urity and freedom for promulgation, are in communities, which have of movement. A remaining violation of UNSCR 1244 disappeared during and key concern is the (1999) and the Consti- con-tinuing discrimination tutional Framework (CF). after the confl ict. Brovina Prof. Nexhat Daci, President of the Assembly, received a These are the Law on explained that the fi gure against minorities in lett er of SRSG Steiner on the promulgation of laws. of 4,000 missing persons gaining access to emp- Higher Education in includes members of all loyment opportunities in Kosovo, the Law on Committ ees have been Media Committ ee communities living in the public sector as well External Trade Activity, the meeting in order to Law on Telecommunica- established Kosovo, including Serbs. as discrimination in the consider the proposals for tions and the Law on The Assembly approved provision of essential ser- adjustments of the laws. On 3 April 2003 the Management of Public the Committ ee’s report, vices such as health care, The legislative process for plenary session of the which includes a recom- education and social ser- Finances and Accoun- Assembly approved the tability. He asked the the work of the Assembly mendation to draft an vices. The report recom- composition of the newly Assembly to bring these has been seriously strained Assembly resolution on mends that the Omnibus established Media Com- the fate of the missing laws into conformity with during the past year since Anti-Discrimination Law mitt ee. The Committ ee is persons. UNSCR 1244 (1999) and the majority of the laws be passed by the Assem- the CF by 30 April 2003. In that it has adopted have composed of 11 members, bly of Kosovo, in order to absence of this action, the not yet been promulgated. including representatives Assembly receives 10th provide stronger protect- SRSG said, he will proceed The reasons stated for non- from all 5 parliamentary Minority Assessment ion against discrimi-nation to promulgate these laws promulgation are varied groups. The chairperson Report for various groups in with such adjustments as and complex. Assembly of the Committ ee is Mr. society, including ethnic are necessary under On March10th OSCE and offi cials expressed hope Bogoljub Milosevic (Coa- UNHCR launched the tenth minorities. All Assembly UNSCR 1244 (1999) and that it would be possible lition Return). The fi rst joint “Assessment on the Members received a copy the CF. vice-president of the Com- Situation of Ethnic Mino- of the report. The report is Following this lett er, the to bring this issue to a mitt ee is Mr. Sabit Rru- rities in Kosovo.” The accessible at: http: Government expressed close. However, adjust- report aimed to provide //www.osce.org/kosovo/ readiness to participate in ments to the Law on stemi (LDK) and the second an objective assessment of documents/reports/minorities/ consultative mechanism Higher Education seem to vice-president is Mr. Lirak the situ-ation of minorities min_rep_10_eng.pdf on these laws. Assembly be most sensitive. Çelaj (PDK). ASI newsletter 73 AGRICULTURAL LAWS 2003 In addition to economic and social legislation, the Assembly has begun to adopt several agricultural laws. This legislation aims to provide the legal basis for a much needed recovery of Kosovo’s agricultural sector. Below is a summary of the main provisions of these laws. Guillaume Wagener, International Advisor to the Legal and Procedural Department of the Assembly of Kosovo.

Law on Seeds uniformity and stability be registered in order to cooperative existing when which will be valid for a maximum period of 3 The Law on Seeds regulates will be conducted by the operate. A cooperative will this law becomes eff ective years. the production and marke- entity authorized by the have rights and duties as a will need to re-register ting of seeds of a variety Ministry of Agriculture. legal person independent of within one year or it shall The production, import, of agricultural crops, inc- Additionally, the law rules its members. It will have its cease being an agricultural repackaging, distribution or luding hybrids, seedlings on the control of produ- own property and duties, cooperative. use of fertilizer not com- for forest and fruit trees, ction, certifi cation, testing, and will be responsible for After its fi rst reading on plying with quality and vegetables and grape vines, marketing and importation its own property and for 17 April 2003, Assembly other conditions according as well as and seed of seeds and seeds pota- any act performed in its committ ees are reviewing to designated standards is toes. potatoes. name. the draft law . prohibited. For example if The Ministry of Agriculture The law was approved by The draft law also rules fertilizer does not contain will be responsible for the Assembly on 20 March on the founding assembly, suffi cient nutritive active handling all applications for 2003 and promulgated by the rights and duties of Law on Fertilizers ingredients, or contains the SRSG on 15 April both the inclusion of new cooperative members, the The draft Law on Fertilizers destructive ingredients or 2003. share capital and the capital seed varieties on the offi cial will establish rules and has properties harmful to contributions, the annual list, and the granting of a regulatory system gov- plant growth when used general assemblies, the plant breeders’ rights. erning and protecting according to the directions. Therefore, a Plant Variety Law on Agricultural external auditor, the fertilizer producers and con- Rights Offi ce will be Cooperatives steering council and the Moreover, inspectors and sumers. ‘Fertilizer’ means analysts are appointed for established to administer all The purpose of this draft president and the director an organic or inorganic the enforcement of the law these matt ers. law is to regulate the of the cooperative. On the economic side, the draft substance containing one with powers like ‘stop sale’ The application for offi cial establishment of agricult- or more recognized plant listing will be accepted if the includes standards on the orders, seizure, condem- ural cooperatives, including nutrient(s) which is used variety: (a) has an approved allocation of net income nation and sale, as well as their work and role in the for its plant nutrient con- name; (b) is diff erent from and losses, the liquidation off enses and punishment development of agriculture. tent and which is designed all the approved and known of the cooperatives when are drafted in case of In the short-term, it aims for use or claimed to have varieties; (c) is uniform in to increase the performance necessary, the merger or violations of the law. The value in promoting plant terms of composition; (d) of the farmers. An break-up, the union(s) of sale or distribution or growth. is stable with generations; agricultural cooperative is cooperatives, the subsidiary misbranded and imitation and (e) if the species to a legal entity created by and affi liated companies, Generally, the purpose of fertilizers or short in weight which the plant variety natural or legal entities and possible punitive this draft law is to maintain are also prohibited. belongs is entered in the who must all be farmers measures rules and admi- the quality of fertilizer. list of botanical families contributing their private nistrative instructions imp- Any person - including a and species governed by the property to the sharing of lementing the law are manufacturer, importer or After its fi rst reading on law. capital. Any agricultural broken. dealer - who intends to sell 24 April 2003, Assembly The testing of a plant cooperative created in A last important provision or off er for sale needs a committ ees are currently variety for distinctiveness, Kosovo will be required to is that any agricultural certifi cate of registration, reviewing the draft law. 8 ASI newsletter YOUNG MAN IN A HURRY TO IMPROVE EDUCATION Hajredin Kuqi, 31, chair of the Assembly Education Committ ee is in the center of the controversy on the law on higher education. Poul Smidt talked to him on this and other issues. Interview by Poul Smidt Hajredin Kuqi is a young University in Washington sentence of the con- constitutional frame- And your proposals to man in a hurry. He wants D.C. - and fi nally to Graz versation about his chair- work…? solve the deadlock? to change and improve in Austria. Since 1999, he manship and the work in I think it is necessary to We need to solve it, we the educational system in has been Vice-President of the Assembly. His back- sign it, as only one article need to look at education Kosovo. At 31 he is the his party, the Democratic ground in student politics is in question, and we need as an education issue. If in youngest member of the Party of Kosovo (PDK), and as an editor of a to sit down and solve the Mitrovica they accept local Education Committ ee in while recently PDK added a student magazine is not problem. But I’m against a laws, it is solved. Teachers, the Assembly of Kosovo few more responsibilities, only a clue but also a “University of Mitrovica” fees and some other issues and its chairman. He has a like public aff airs, to his confi rmation of Hajredin that will not be a part have to be a part of the reason to be proud, and so portfolio. Kuqi being a full-fl edged of the Kosovo education local laws. politician. system. he is. “We have a very good You can not talk to Haj- I’m in favor that they working relationship in will apply at the Agency redin Kuqi for a long time Is education in Kosovo Some would say that the the committ ee, no problem for Accreditation in the without knowing that he politized? issue of a university in at all,” he says. “I am Ministry of Education, but is in love with his family Tetovo was that important surprised, but also happy Not directly, but some try they cannot be supported and his academic freedom. to many that they would with the respect the other to use it. retroactively. And then, he pretends that fi ght for an Albanian members, including some politics is something You are saying that your speaking university - and very experienced pro- diff erent, maybe even comitt ee is the most pro- then you say no to a Ser- THE STUDENTS FEE fessors, show me. My something te- mporary, fessional, but are there bian speaking university AND THE MINISTRY committ ee is one of the like an obligation to not too many teachers and in Mitrovica… most professional.” professors in politics? How do you evaluate the participate at the most You cannot compare the professional education His own experience is a important period for cha- two situations. The people Sometimes, maybe, but level at the university? remarkable international nges in Kosovo. Maybe institutions need teachers. of Tetovo would respect academic road to his pre- he is right, but more the laws of Macedonia and Very positive, but at the sent job as a law professor probably he is wrong in And the dominating issue the Macedonian education moment we are not inves- at University of Pristina. this assessment of his in the committ ee? laws. ting too many funds. He studied at The Uni- affi liation with politics and The law on higher edu- We have heard that versity of Bilkent, the policy-making. Speaking Would you be interested cation. students are raising their American university in with him only for a few in visiting the faculties in north Mitrovica? voices on the education fee, Ankara, and went on to hours leaves the impre- The law SRSG is not indicating that the money one of the most prestigious ssion that politics is in signed because it is in Yes, but they will not invite they pay do end up in the law schools, Georgetown his blood. It is in every violation of 1244 or the me. wrong pockets, is it so? ASI newsletter 93 THE HISTORY, THE way than heading for university. With a high BOOKS AND THE BIG rate of unemployment PROBLEMS that’s the natural and only After posing many ques- way.” tions and hearing many answers one could not What is the importance of say that Hajredin Kuqi the recent establishment of is steering up problems the Faculty of Education? and controversy, but, on It is a very good step, the contrary, being so thanks also to a donation diplomatic that he may from Canada we can now make you believe that teach the teachers to teach Kosovo education system in a bett er way. is just perfect. Of course it is not, but Hajredin But you still need bett er Kuqi is not the one to books and educational say that LDK and PDK are material on all levels? struggling for the souls of the young people, the Yes, no books, no science. spirit of LDK dominating We have had a lot of in primary and secondary donations, but the need is schools and the spirit of large. Another problem is PDK very visible at the the profi le of the secondary University. When you ask school. We need to change him who is going to write it from a general school the history books of to an education leading in Kosovo you hear a laugh more directions than only that could make the the university. Technical Pristina University needs on possible political sary co-operation. It is porcelain fall off the table schools are one such exa- its own account, which is appointments of school working well. at our humble table in the mple. true. We are losing time directors? cafeteria of the Assembly by having the money to And can you in the We have had some com- building. But problems Will the pupils have to pass the ministry… committ ee or in the mini- plaints on this issue, and a stry fi nd a solution to there are. learn about the KLA Is this your way to men- lett er has been sent to the values and at what level? the problems of teachers’ “In fact, we do not yet tion the speculations on minister to have a review low salaries and possible have a strategy for edu- The values of KLA are a corruption in a very of the cases. social unrest? cation,” says professor very important part of our carefully worded way? What are the possibilities I think we can. We have Kuqi. “Still, we are pro- recent history, in fact the No, I am against corrup- to improve the co-opera- had many constructive ducing students like in most important part of our tion and I am against tion between your commit- discussions in the com- the time of communism history. We need to build speculation about corrup- tee and the LDK-led mini- mitt ee, and we can discuss without asking how many upon our history, respect tion. You need proof. stry? and fi nd solutions when we need. When a young history, increase and not we are not under pres- person has left secondary decrease history as part of Do you have information I think we have the neces- sure. school there is no other education. 10 ASI newsletter PRIME MINISTER ADDRESSES THE ASSEMBLY One year after starting the work of the Government, Kosovo’s Prime Minister, Dr. Bajram Rexhepi, addressed the Assembly of Kosovo on 13 March 2003. On 3 April 2003 the Assembly conducted an extensive debate on the performance and responsibilities of the government. A summary of the Prime Minister’s introduction speech follows.

The creation of the Govern- concerning the transfer of The privatization of social The request for dialogue ment as a result of the 28 competences. corporations is on its way between Belgrade and Pri- February 2002 Agreement Kosovo’s Government has and we will do our best stina is now actual. It will between the main parties compiled a strategy con- to att ract investors, and involve representatives of represented in the Parliament cerning the transfer of gett ing them to establish national institutions for, as has created solid grounds for competencies in the areas it private production com- it’s said, technical issues. the functioning of Kosovo’s has evaluated as necessary. panies which would also The topics, given by Mr. institutions, known and In this direction, the Gov- bring new technology. In Steiner as discussion points, recognized by the inter- ernment has requested this eff ort we will neces- have been dealt with in national community. competencies in all public sarily need the sources of some occasions in the past the International Finance by Belgrade and Pristina. The Government has con- corporations - PTK, KEK, Institutions. The question arises, what is solidated itself and has the creation of an Air requested from us? Within started the procedure of law- Company, frequencies, the We have another task to only 7 days, Belgrade started making, in order to face privatization issue, issu- start now. We know that could use their potential. We the dialogue issue with some the needs of our society. ance of documentation - the issue of fi nal status of want our medical service to technical request and ended So far, 18 laws were always having in mind the Kosovo is to be addressed be competent, our sportive it with the separation of presented to the Assembly. Albanian community directly and in certain time abroad. We have also called and cultural life richer. We Kosovo. It is not hard to A further 20 laws are in and it needs to be at a for a closer cooperation want our youth to have comprehend that our their fi nal drafting phase favorable moment for the between UNMIK and the more possibilities and space neighboring country Serbia in the Government and are international community. Government in the areas to undertake a larger variety is not interested for a waiting to be sent to the We need to prepare for where the competencies are of activities. dialogue on technical issues Assembly. We are all fami- the moment when the reserved for the SRSG. or the fi nal status of Kosovo, liar with the diffi culties we Our economy depends on international community Concretely, we are requ- will sit along with us and it is simply interested in face concerning the issue of many factors. Therefore we esting participation in the Serbia and Montenegro to dividing Kosovo and that is procedures in law-making have our strategy to deal areas of foreign policy, issues with these obstacles in solve this issue, which is made clear to us every day. and their approval. of internal aff airs, the justice economic development, by fundamental for our Belgrade’s goals are known We need to be realistic in system, security issues, encouraging internal and existence, our future. A part to Kosovar citizens, to evaluating what we have energy issues, mines, and so external investors to invest of this issue has to deal with political subjects and its done and which obstacles forth. in our production com- strengthening the institutions. Naturally, this we have to overcome. The The Government has faced panies. Our extreme depend- demo-cratic society which fact is frightening, and we International Community is and will be faced with many ence on imports is unbea- we are building. A part seek help by international decreasing its presence in challenges in the upcoming rable. Many of the imported is left to the creation of actors, especially the USA, Kosovo. In the following years. Our civil servants items can be produced here an economy which would New York and Brussels; days and months we will be are in need of training and as well. Our businesses can support our citizens. And to not let our neighboring given more compe-tencies, advice. They also need to also produce for foreign another part is our past and country Serbia, to still use which will test our abilities. have higher wages. We want markets. We have to require our ethnic separations that Kosovo as a political inst- Concretely, we have had our our children to be taught the removal of Kosovo’s will continue to weaken our rument in favor of their fi rst meetings with the SRSG by bett er teachers, so they export barriers. security. policy. The dialogue should ASI newsletter 113 be stretched on a clear insti- tutional strategy where the EAR OFFERS SUPPORT TO LEGISLATIVE PROCESS competence of Kosovo’s The European Union, through the European Agency of Reconstruction (EAR), has launched an ambitious programme of support institutions would not be to the Prime Minister’s Offi ce (PMO). The programme aims at contributing to improvements in the legislative process, drafting of questioned. legislation, training, the establishment of a fully functional translation unit and assisting in establishing a network of expertise However, the Government that would be made available to the PMO. of Kosovo will invest all Miro Prek, Team Leader EAR/ GTZ support team to the Offi ce of the Prime Minister of its energy during the The programme is being with local NGOs and Nati- and international experts. assessment of training and next governance year into implemented by the Ger- onal Democratic Institute At the same time the team capacity building needs with economic development, man Foundation for Tech- (NDI), and preparation of an is preparing the Terms of particular focus on legal investments, opening new nical Co-operation (GTZ) explanatory memoran-dum Reference to be approved services of the Prime job possibilities (especially and its partners. The core (including translation and at the next Steering Com- Minister’s offi ce as well in agriculture). For this is team is composed of a Team legal review). Furthermore, mitt ee meeting which is as organizational issues the only way for us to leader, a Legal Expert and a legal opinion was provided going to be held on 8th of pertaining to procedures have more job vacancies, to Translation Expert. on the com-patibility of May 2003. within the Offi ce of Legal continue to create a public The technical assistance the draft law on Health Future support is planned Support Services and Offi ce and Safety at Work with administration, to integrate programme will off er advice to be provided in the of Prime Minister. minority communities (espe- and expertise through European standards. following areas: creation of Several assessments of the cially the Serb minority) in deployment of short-term The Steering Committ ee of draft laws for Construc- translation capacity of the all areas of life, to have experts in the respective the EAR project consists of tion, a framework for linguistic staff of the PMO a functioning Rule of Law fi elds of activities to Kosovo. representative of the Offi ce Technical Regulations and were carried out. In order in Kosovo, and to start Perhaps its most ambitious of the Prime Minister, EAR Standards (roads and bri- to accommodate the dem- establishing new ministries. aim is to establish relations and UNMIK Pillar IV. On dges), a draft law on with local legal experts and March 31st, it approved the and for translation services The legal structure remains Broadcasting, as well as a to include them in the sup- Terms of Reference for a within the PMO, new our continuing priority and draft law for an Offi cial port activities on an equal variety of projects. Those Gazett e for publication of staffi ng structures and we will do everything to basis with international include the preparation of additional recruitment for have a Constitution of promulgated laws. In experts. EAR wants to ens- draft laws for a Civil Service addition to this, support English, Albanian and Serb Kosovo as soon as possible, ure that Kosovo legislation Code, Intellectual Property, is planned for the creation revisers have been pro- to make Kosovo a place is in line with the EU “Acquis a Company Law, a Law on of legislation on Public posed. Specialized training where law functions and is Communautaire.” Tracking Systems as well Administration (Law on is being off ered to the obeyed, where all democratic Since its establishment in as against Illicit Traffi cking General Administrative Pro- translators. institutions serve the citizen of Drugs. Furthermore, the the Offi ce of the Prime cedure, Law on Admi- Contacts have been est- s. In this manner we will EAR project aims to establish Minister on January 20th, nistration, Law on Govern- ablished with the Assembly stretch the issue of receiving a legal database and develop the team participated in ment). Support Initiative (ASI) and the competences from the legislative working a strategy for the develop- Other activities should inc- the National Democratic UNMIK and the SRSG. groups on the draft Law ment of the legal system lude the creation of an Anti- Institute (NDI) in Kosovo as Kosovo can not have parallel for Public Procurement, the in Kosovo as well as gran- Corruption Strategy as well well as NDI in the former governance other than the draft Law for Access to ting support for a general as the revision of Rules Yugoslav Republic of Public Documents, as well improvement of legislation. one legitimized by the votes of Procedures for the Gov- Macedonia in order to of its citizens. as the draft Law for Health The Project Team is making and Safety at Work. Support necessary arrangements to ernment. combine eff orts in est- was granted in the form of organize the implemen- A fi rst engagement of ablishing a widely accepted Bajram Rexhepi legal and linguistic review tation of projects including international experts was glossary of legal and par- Prime Minister of Kosovo. of the drafts, consultations the deployment of local arranged to undertake an liamentary terms. 12 ASI newsletter “WE NEED TO PROTECT THE MOST VULNERABLE PEOPLE” Stojanka Petkovic is the Chairperson of the Committ ee for Labour and Social Welfare in the Assembly of Kosovo. She is member of “Coalition Return.” As the Assembly is expecting to receive several draft laws on social matt ers, Mrs. Petkovic gives her analysis on the current social situation in Kosovo. Interview by Snezana Petrusic What do you consider the one of the most important you hope can be achieved in main social problems that pillars for protecting the this matt er? Kosovo is facing at the children. But often, young As a chairperson of the moment? people are hanging around Committ ee for Labour and The main social problems without any supervision by Social Welfare, I’ve started a that all of Kosovo’s com- adults. Next to the problem debate on fi nancial coverage munities are facing fi rst of drugs, there are many and protection of those and foremost is poverty, other problems as crime, having special needs, of including unemployment. traffi cking and prostitution. those not able to take care of The majority of the Kosovo All of these things have to themselves. All Committ ee population is unemployed. be stopped if we want to members support my ini- Signifi cant numbers of protect our society. tiative. The idea is to make workers either left their What objectives has the proposals to the Ministry of jobs or have been expelled. Committ ee for Labour and Labour and Social Welfare Literally speaking, we may and the Government of to call various NGOs who by ethnicity or nationality. Social Welfare set itself for deal with these issues. These The Serbian, Albanian and say that they are now on the this year? Kosovo, to start drafting streets. Persons with social a law on resolving special NGOs are the ones that other communities should problems are mainly those Our objective is fi rst of needs cases, a law on social have been covering social fi nd a mutual interest in who have families, most all to warn, to send a care. Regarding social issues, problems after the war, due this fi eld and establish of them are around forty signal, a recommendation, for the time being we to their involvement in these co-operation in good will. If years old, and trying to to the Kosovo Government adopted only a law on topics. In co-operation with progress on social issues is support their family. They to elaborate a social prog- pension provisions and a them, with the Ministry for to succeed, it should not be can’t fi nd new jobs, and in ramme that would be law on labour inspection. Labour and Social Welfare, politicised. Social problems addition, they are unable to implemented after the We need a law on special Ministry for Health and aff ect all communities. If we obtain social care services. privatisation process starts. needs, because we have ill some of the experts, I intend are looking from the Serbian In addition, the upcoming The purpose would be the people, people with war to organise a round table community’s perspective, privatisation process can regulation of the rights trauma and the number on this subject, with the or from Albanian com- create more social pro- of all workers. If the of those having cancer has purpose of recognising munity’s, each of them will blems. government does not make increased. A number of the which provisions need to be insist that they are in the such a social programme, people have not enough compiled in the law. worst position. I know a To what extent do you lot of the problems that we could expect more fi nancial protection and lack Serbs, Albanians and other consider the use of drugs the Serb community is problems in the sphere of help such as wheelchairs or communities all share the in Kosovo amongst young facing, and my Albanian employment. hearing devices. People do same concerns in regard to people a problem? colleagues know what not have enough money to fi ghting poverty. Is this an It is defi nitely one of the During one of the recent troubles their community. pay medical expenses, they area in which cross-party major problems from which meetings of the Committ ee Although we might have for Labour and Social need to be reimbursed for co-operation can be found? our society suff ers. One of it, and I see the Ministry diff erent opinions on many Welfare one of the issues Certainly. I say very often the main reasons is the of Health engaging in this issues, I would appeal that debated was “special needs that social problems are situation of lawlessness, the matt er. for resolving social problems eff ects of the war, poverty provisions” for the most troubling all communities. we have to talk with each My idea is to compile all of and unemployment. The vulnerable people in need of This is the matt er in which other without politics this in a future project and family and education are such assistance. What do no distinction must be made involved. ASI newsletter 133 SHIFTING GEARS FOR A COMPETITIVE ECONOMY IN KOSOVO Eff orts to set the Kosovo economy on a new, productive and competitive footing took a new turn in March with key fi gures responsible for economic decision- making gathering for a roundtable discussion. Organisers believe a valuable path has been laid down for eff ective and productive interaction within Kosovo’s governing mechanisms. Mustafa Eric

The warnings were stark: former German State reform and the building competition by regulating achieving competitive Kosovo produces only one Secretary in Economics, Mr. of infrastructure were the economic environment. power and for that political third of its domestic income; Klaus Buenger, and OSCE indispensable to att ract He stressed that “Economic stability was the prime two thirds come from in the framework of the foreign investment, a vital legislation such as laws on requisite. abroad in the form of Assembly Support Initiative input of eff orts to achieve a competition, anti-corrup- remitt ances from Kosovans (ASI). It brought together competitive edge in regional tion, consumer protection, All in all, the meeting did working abroad or from representatives from all and international trade. foreign and domestic trade, not come to a conclusive decision on how to move donors. Kosovo’s trade major pillars of governance The Minister of Finance and oil products and customs,” forward or design a defi cit is bigger than its in Kosovo. Participating Economy Ali Sadriu, while topped the list of priority strategy for the future GDP; its imports amount were the Assembly pointing to the achievement issues that need to be tackled development of Kosovo’s to more than ten times its Committ ees from the fi eld in tax collection saying “the urgently. economy. However, there exports, this is untenable. of Trade and Industry, Kosovo Budget, which in Chairmen and members of was consensus among the Most importantly, given Finance and Economy as 1999 was entirely fi nanced the Assembly Committ ees participants that Kosovo the war in Iraq and the well as the Budget by donors, will be, in 2003, att ending the workshop institutions would have to expected mobilisation of Committ ee, the Ministers almost entirely be fi nanced agreed with the need to start reducing their depen- international aid for the for Trade and Industry and by Kosovan taxpayers,” speedily produce legislation dency on foreign donations reconstruction in that Finance and Economy and also had a warning that to put the economy in and build up necessary country, fi nancial support UNMIK’s Pillar Four, as “….there is still a order. However they also structures to exploit the to Kosovo is bound to well as local NGO’s who disproportion between complained that the legis- territory’s own resources in dwindle in the not-so- have an interest in economic incomes gathered by lative acts already passed, a bid to create a competitive distant future. And exchan- activities. custom taxes and those let alone implemented, had economy. ges were frank: legislative Juergen Voss, from the gathered in Kosovo. It can been returned to the eff ort is much in need to set EU-pillar speaking on behalf be said that tax collection Assembly after long delays A consensus on the priority the stage for a systematic of the UNMIK admini- inside Kosovo’s territory is for reconsideration. Haki listing of the steps to be and sustainable stride for stration, openly told the still on a very low scale. Shatri, head of the Budget taken will most probably economic development, but participants that Kosovo Unless this disproportion Committ ee, said it was true require another meeting or eff orts to produce such would have to realise the is changed it will be very that legislation was workshop of the kind, one legislation are hitt ing seriousness of the situation diffi cult to secure a necessary but that it was that will again bring key fi rewalls, being returned and start to mobilise all sustainable budget.” more urgent to mobilise representatives of the to the Assembly for resources to generate The Minister of Trade and the productive forces to legislative and executive reconsideration without employment and income. Industry Ali Jakupi, on empower the local economy branches of Kosovo’s any comment on even why He emphasised that pri- the other hand, underlined to generate jobs and income. governing machinery. That, it should be reconsidered. vatisation had a key role that “…laws that legitimise Slobodan Bjelic, head of however, the precedent has The sett ing was a special in ensuring that Kosovo competition have yet to the Finance and Economy been set for dialogue among meeting on 25 March: a became a competitive be approved.” Mr. Jakupi, Committ ee, remarked that the main pillars on the workshop organised by economy, integrated within throughout his speech, promotion of European future of economy, is wid- Friedrich Naumann Stif- the Balkan market. He also focused on the need to standards was of utmost ely seen as a very productive tung (FNSt.) with the underlined that banking lay the groundwork for importance in terms of outcome of the workshop. 14 ASI newsletter RECENT SUPPORT ACTIVITIES TO THE ASSEMBLY “Other Communities” establish parliamentary group Dutch Foundation to advise parties in parliament Assembly Members from non-Albanian and non-Serbian Communities The East-West Foundation’s Parliamentary Practice Project (EWPPP) established their own parliamentary group. The decision was taken recently started implementing a long-term programme in support during a two-day retreat in Brezovica, March 14-15, with support of of the Assembly of Kosovo called, “Aspects and techniques of the OSCE Democratization Department. Ambassador Pascal Fieschi, parliamentary democracy.” Programme activities include a series of Head of OSCE Mission in Kosovo, addressed the parliamentarians inter-parliamentary workshops in Kosovo, one to be held in the and att ended the ceremony formally sett ing up the group. Before region, and one working visit to the Dutch Parliament in The Hague. announcing their decision at a press conference on March 18th, An ongoing component of the programme consists of three-day “Other Communities” were received by the President of the Assembly, consultations between (former) Members of the Dutch Parliament and Prof. Daci, in his offi ce. He expressed his appreciation for the new their counterparts in the Assembly. The fi rst roundtable discussion on parliamentary group and indicated that it had been established inter-party and intra-party relations in parliament will take place on according to the Rules of Procedure of the Assembly. He advised them May 9 in Pristina. to adopt a culture of common decision-making that can operate to the benefi t of all their communities, although heterogeneous in ethnic and political background. Konrad Adenauer Stiftung to support education sector The group now consists of 10 non-Albanian and non-Serbian elected On March 20th a delegation of the Konrad Adenauer Stiftung was on Assembly Members, which makes it fourth in size in the Assembly a fact-fi nding mission to Kosovo. It was concluded that support to the (after LDK, PDK and KP). The group consists of 4 Bosniaks, 1 Gorani, education sector would become a priority for this German foundation. 3 Turks, 1 Ashkali and 1 Roma. Egyptians are not part of “Other Specifi c programmes with the Ministry on Education, Science and communities” having opted to join AAK in the Assembly. Technology will be established, as well as with the Assembly Committ ee on Education. The Konrad Adenauer Stiftung plans to invite a mixed delegation of the Assembly of Kosovo and the Government for a working visit on educational matt ers to Germany in early July 2003.

Between Marginalization and EU-Membership On 11-13 April 2003 the Friedrich Ebert Stiftung (FES) together with the German Institute for International and Security Politics and the Protestant Academy Tutzing organised the conference “South- East-Europe - between Marginalization and EU-Membership”. This conference in Germany was att ended by participants from the whole of South East Europe. Two Members of the Assembly of Kosovo participated: Alush Gashi (LDK) and Hajredin Kuqi (PDK). Topics of debate included instruments of the international community to foster stability in the region such as the Stability Pact, European Agency for Reconstruction, the Stabilization and Association Process, From left to right: Dzezair Murati (VATAN), Zylfi Merxha (PREBK), consequences of the new Schengen-borderline in the midst of SEE, Faik Marolli (PDASHK), Sadik Idrizi (VATAN) and Gani Sadik (KDTP) regional cooperation in the Balkans. at a press conference in the Assembly on 18 March 2003. ASI newsletter 153

Friedrich Ebert Stiftung organises Committ ee visit to NGO started monitoring the Assembly Albania The Council for Defence of Human Rights and Freedoms (CDHRF), one of the well established NGOs in Kosovo, started an intensive During the last week of April, the Friedrich Ebert Stiftung organised a monitoring programme of the work of the Central Assembly and of working visit to Albania. The chairperson and two vice-chairpersons 11 Municipal Assemblies. At the central level, monitors of the CDHRF of three Committ ees participated: Committ ee on Labour and Social started to att end most committ ee meetings. Its goal is to provide Welfare, Committ ee on Health and Committ ee on Environment and credibility to the political processes in Kosovo through accountable Social Planning. The Kosovo parliamentary delegation, including and transparent government. Monitoring is a component of the representatives from all major parliamentary groups, had intensive overall advocacy strategy on issues that CDHRF regards as its key discussions and exchanged experiences with Committ ee chairpersons concerns such as respect for human rights. OSCE and NDI are in the Assembly of Albania. supporting the project. The fi rst report will be published during May 2003 and will be accessible at www.cdhrf.org.

Glossary of parliamentary and legal terms being prepared University students att end plenary Assembly sessions The Assembly Secretariat and the OSCE Mission in Kosovo have started Students of the Faculty of Political Science of the University of Pristina a joint project for the creation of a “Glossary of Parliamentary and started to att end the plenary meetings of the Assembly. OSCE and Legal Terms.” The Glossary will be a legal document issued in three the Assembly Secretariat are assisting the visits on a weekly basis. languages (Albanian, Serbian and English) compiling parliamentary The initiative is considered highly relevant for the students from this and legal terms in use in the Legislative and Governmental bodies in faculty, and is in line with the requirement of the Rules of Procedure Kosovo and giving full defi nitions of all terms. Co-ordination with stating that “…sessions of the Assembly shall take place in public.” similar projects in the region as well as with other institutions and organisations within Kosovo are envisaged: the Offi ce of the Prime Gender Equality Committ ee calls co-ordination meeting Minister, Economical and Fiscal Council, UNMIK Language Unit, On March 25th the Gender Equality Committ ee invited to a UNMIK Pillar I (Police and Justice), Finnish Human Rights Group and co-ordination meeting the international organisations dealing with the nation Democratic Institute (NDI). The project has been initiated gender issues. These groups included OSCE, UNIFEM, UNMIK’s Offi ce to overcome the current problems in establishing a functional multi- of Gender Aff airs (OGA), Kosovo Civil Society Foundation (KCSF) and lingual Assembly. STAR Network and the Advisory Offi ce on Good Governance, Human Rights, Equal Opportunity and Gender (Offi ce of Prime Minister). The Committ ee asked support by providing laws from diff erent UNDP establishes electronic archives for the Assembly democratic countries and making experts available. On March 21st, UNDP presented to interested donors its project to Until now, eight laws have been translated and provided to the O/PM and to the Committ ee: laws from Slovenia, Bulgaria, Lithuania, establish electronic archives for the Assembly. This project includes Rumania, Finland, Croatia, The Netherlands and Bosnia-Hercegovina. recording, processing and archiving of the Assembly proceedings and These laws will be used as reference documents to make initial hearings, establishment of the document management system and steps in drafting the law on Gender Equality in Kosovo. “There information access and dissemination. The project has been joined won’t be a copy of these laws but our law will be based on the by the Inter Parliamentary Union (IPU) because of its world-wide reality of Kosovo. It will lead to the foundation of institutions to expertise in parliamentary support and its technical capacity. The protect gender equality,” stated Ms. Melihate Termkolli, chairperson project will be implemented in close co-operation with the Assembly of the Committ ee. OSCE will provide further support via experts and Secretariat and in co-ordination with ASI, EAR, NDI, the Finnish translation of laws. A workshop on strategic planning of Gender Governmental Team and the Ministry of Public Services. For further Equality Committ ee for years 2003-2005 and a study visit to Slovenia information, see htt p://www.undp.org and Bulgaria is planned from KCSF for April and May 2003. 16 ASI newsletter FOR A PROFESSIONAL AND VIABLE MEDIA IN KOSOVO Journalists and media experts gathered in Pristina on Saturday 29th March 2003 for a conference on the future of journalism in Kosovo and a debate on the proposed new draft legislation on the establishment of the Independent Media Commission (IMC). Marie-Helene Verney, OSCE Senior Media Advisor The conference was orga- needed to be guaranteed to RTK should be reduced to the afternoon session with Many of those present nised by the Association of and one of the aims of zero when the levelling of a speech that sounded a agreed that journalists in Professional Journalists of the new legislation. This the RTK license fee through warning bell for the Kosovo need to do more to Kosovo, with the support is why it is would be KEK is fully functioning. journalists of Kosovo. He organise themselves, and of the OSCE. It was chaired important that the pro- Mr Agim Zatriqi, Director said he feared that jour- that unless they present by Mr Baton Haxhiu, who posed draft meets Euro- General of RTK, made a nalism in Kosovo is ente- a united front, their voice is currently chairman of pean standards and best forceful speech in which ring a very diffi cult period, will not be heard and the this journalist association, practices. he said that this “Zero and that the crisis would conditions for their pro- Target Zero” on RTK would become apparent when and moderated by Mr Mr Rexhep Hoti, advisor at fession will not improve. lead to the collapse of the international money starts Dukagjin Gorani. the Prime Minister’s offi ce, There was wide agreement public service broadcaster. phasing out. Many of said that a working group on the urgent need for OSCE Ambassador Pascal Mr Hoti replied that the Kosovo’s broadcasters, he of experts would start a strong and well-organi- Fieschi opened the dis- aim of the legislation is said, would not be sust- cussion with a speech meeting soon to discuss sed professional associa- the proposed draft. The not to destroy any broad- ainable without interna- highlighting the impor- caster, but give all broad- tional help. He added that tion. The Association of tance of an independent working group would be Professional Journalists of made up of representative casters an equal chance. the level of competition com-mission to monitor Kosovo plans to meet again of the public and inde- Mr Zatriqi also expressed bet-ween broadcasters and and regulate the broadcast in April to discuss a volu- pendent broadcasters, as concern about the over- the lack of solidarity in the media in Kosovo. He ntary code of conduct for well as international seeing power on RTK’s profession would make the stressed that the measure the print media. experts. He emphasised budget given to the IMC’s crisis worse. of a functioning demo- that the government executive director in the cracy is the vitality and wants to make sure that proposed draft. professionalism of its press there is transparency at all Some of the journalists and media. He said the times during the process present pointed out that future of democratic insti- of drafting the legislation before debating the legis- tutions in Kosovo is linked - something that, he said, lation on the IMC, there to the independence of has not been the case. should be a discussion Kosovo’s press and media; He said the government about the role of the IMC, and that the OSCE is deeply was open to suggestions and indeed whether or not committ ed to making sure and did not want a law the IMC was needed. Most that any future broad- that would privilege any agreed that it was needed casting law served the broadcaster to the to have a regulatory body, best interest not just of detriment of others. but said that as far as the the media, but also of One of the most disputed print media was concerned the people of Kosovo. issues of the debate was no such mechanism was Ambassador Fieschi belie- the introduction in the in place or proposed. ved that the future of the new draft of a clause that Mr Shkelzen Maliqi, of the public broadcaster, RTK, suggests that advertising Gani Bobi Institute, opened ASI newsletter 173 BUILDING CONSTITUENT RELATIONS PREPARING FOR NEGOTIATIONS Eff ective constituent relations in a newly developing democracy is a major Lulzim Peci indicator of progress toward establishing a dialogue between citizens and their The Kosovar Institute for KIPRED participated in the elected representatives. Constituent relations allow elected representatives to Policy Research and Develop- workshop. Participating in assist the citizens who voted for a democratic system. Unfortunately, under many ment (www.kipred.org) in this event were Ramush proportional representation election systems, elected members of parliament often cooperation with Olof Palme Tahiri (Chief Political Adviser International Center to the President of the believe that their fi rst loyalty belongs to the party who elected them, and not to (www.palmecenter.se) and Assembly), Hydajet Hyseni the citizens who voted. the Center for Applied Stud- (Member of Presidency of Sherrie Wolff , Ph.D. Consultant, National Democratic Institute (NDI) ies in International Negoti- Assembly), Mahmut Bakalli The National Democratic themselves in determining ations (www.casin.ch) have (MP), Fadil Kryeziu (MP), a lack of time, staff and been working together in the Enver Hasani (Professor at Institute (NDI) conducted whom the people are that money. During these trai- fi eld of capacity building of Pristina University), Teuta constituent relations work- they represent, the major nings, discussion centered the Kosovo institutions for Hadri (MP), Lulzim Peci shops for elected members groups to be represented, on the importance of the last couple of years. (KCSF/KIPRED Executive of the Central Assembly, the educational facilities elected offi cials and party Director) and Leon Malazogu municipal assemblies and and other demographic KIPRED and CASIN, sup- leaders learning to coor- ported by Swiss Foreign (KIPRED Program Director). local party branch leaders information particular to dinate the issues and plans Ministry and OSCE, in The workshop concentrated of the political parties: each region. They then for delivering constituent August last year organized on techniques used to LDK, PDK, AAK, Kosovo listed the major issues and Serbian parties, and parties services. It is often the local a seminar entitled “Decision prepare negotiations. The goals for that region and Making in a Democratic agenda covered topics such representing smaller ethnic party leaders who become designed a strategic work State: Challenges ahead” for as sett ing objectives, gath- and political communities. responsible for helping to plan with timelines, bud- fi fteen members of the ering information, establish The workshops lasted for deliver eff ective assistance. gets and persons respon- Assembly of Kosovo and negotiating positions, nego- several weeks in April and sible for implementing It was exciting to see the the Government. Negotia- tiating strategies, the del- May 2003. designated actions. Infor- participants’ growing in- tion was a specifi c topic egation of duties and the During these workshops mation was provided for volvement in the process covered. KIPRED has iden- organization of negotiations. offi cials from the Central contacting citizens locally. as they learned how they tifi ed the need for further However, the workshop also could assist in improving and municipal Assemblies Following workshops will work in this fi eld following took a close look at pre- citizen’s lives. One att endee consultation with the key vious high-level negotiation as well as from the political further develop methods of asked if he could att end all representatives of Kosovo experiences, including exam- parties were divided into distribution of information the regions they represent. of the rest of the sessions parliamentary groups. In ples of dialogue from Israel- to citizens as to what assis- this regard, KIPRED and Palestine (Oslo), Cyprus, It is often unusual to com- since, according to him, “I tance they can realistically CASIN organized a one-day Rambouillet, Dayton, and bine trainings for each of have so much to learn.” expect from the party, workshop “Preparing for Marcoussis. these institutions While similar constituent where they can go to Negotiations” on 5 March simultaneously, but it is training workshops have Finally, KIPRED expresses its express their concerns and 2003, aiming to prepare an eff ective way for been off ered by NDI, these gratitude to the Olof Palme’s desires and how those the Kosovo institutions for participants to learn to participants seemed to International Center and needs can most eff ectively negotiations. communicate and have a much more enthu- Center for Applied Studies be expressed. Dr. Jean Fraymond, Direc- in International Negotiations coordinate an integrated siastic and receptive att i- tor of CASIN, conducted the for their continued support plan. Each group was One of the major obstacles tude toward the idea of workshop. Selected represen- to the strengthening of then asked to cooperate listed by elected members reaching out to assist in tatives from the Presidency, Kosovo political parties and and coordinate amongst throughout the world is real democratization. Assembly, Government and Governmental Institutions. 18 ASI newsletter A STRONG ASSEMBLY NEEDS A STRONG CIVIL SERVICE Only politically neutral Civil Servants ensure that the Assembly can function according to basic democratic rules. But what empowers the Civil Servants to act neutrally and unbiased? It is their legally defi ned rights and duties as well as the credibility of the institutions that protect these rights against political infl uence and arbitrariness. Michael Georg Link, FNSt & Uli Steinle, FES Two German foundations, the Friedrich-Naumann-Stiftung (FNSt.) and appointed rather than cooperatively chosen. The lack of a detailed legal the Friedrich-Ebert-Stiftung (FES) joined eff orts to provide the Assembly’s framework for the creation of a staff council was also seen as a problem civil servants with a workshop on how to support and promote their that should be addressed as soon as possible. The general notion was that credibility of their profession. On 26 March 2003 about eighty interested the internal institutions still need to show their eff ectiveness, especially Civil Servants found their way to the press room of the Assembly for this since external institutions like the Independent Oversight Board for Kosovo occasion. is not yet set up. In the fi rst part, Michael Georg Link of FNSt emphasized the importance Dr. Friedhelm Frischenschlager, Director of the OSCE Department of for every institution to fi nd the adequate way in which the civil servants Democratization, later presented the conclusions of the workshop to the working in this body can fi nd an appropriate form of internal self- senior civil servants of the Assembly. These included: protection. He outlined eff ective ways of self-organization of civil servants in the - A staff council as modern management tool to help give legitimacy, form of a work council, citing the example of the “Personalrat” or “Staff sustainability and rationality of management’s decisions; Council” of the German Bundestag. This Staff Council serves as an - Staff councils as a fundamental right that is enshrined in most European elected, representative body for the interests of all German parliamentary Constitutions, and in UNMIK Regulation 2000/36 Section 5; employees. The Staff Council deals with all major and minor staff aff airs and brings them into regular talks with the Presidency of the Parliament. - The sharing of practice in other parliaments to help eff ectiveness of civil This can range from work-time regulations to bicycle parking space, service in Kosovo; from planning a parliamentary kindergarden to installing information - The senior staff welcomed this initiative and supported a gradual boards in all parliamentary buildings. The Staff Council has developed build-up of cooperative management practices. into a reliable voice for the Staff ’s interest, thus making it easier for ordinary staff members to express themselves but also easier not only As follow up, both German foundations will continue their support for for the Parliamentary Directorate when it comes to implementing new the Assembly staff and assist in the process of forming a Staff Council. working conditions. In order to get the optimal representation of the Staff ’s interests, the Staff Council in the German Bundestag needs to be elected by secret vote on a regular basis, including representatives of all staff levels. The Staff Council then represents the staff as a whole in its deliberations with the Presidency. In the second part, Uli Steinle (FES) discussed the legal situation for civil servants in Kosovo as laid down in UNMIK Regulation 2000/36 and Administrative Directive 2003/2. Special emphasis was given in clarifying procedures for internal disciplinary proceedings as well as those for cases of complaints and appeals against management decisions or behavior. This was of special interest since not even the members of the newly established internal disciplinary board and board of appeals were eff ectively informed about the function and responsibilities of these bodies. In the following discussion the need for a self-organization of the Civil Servants and for a higher awareness of the formal procedures in internal dealings were highlighted. Concerns were raised, whether the internal boards could live up to the necessary neutrality since its members are ASI newsletter 193 POLITICAL GRIDLOCK IN MUNICIPALITIES Last October 26, voters expressed their will and their desire for a bett er future, hoping that democracy was just around the corner. This was just the kind of moment that should spur politicians to bett er serve the people. In most municipalities, the post-election transition went smooth, and the new administrations began their work. However, this has not been the case everywhere. Some local governments are at a standstill. Sven Lindholm Political gridlock has wor- “Boycott impedes soluti- formed and there is a done without the presence process of selecting muni- ked its way into Kosovo, ons,” said Lutfi Haziri, blockade of municipal of the boycott ers, but it cipal civil servants. The and boycott of municipal President of the Association work at all levels, including is then in an atmosphere fact that civil service is work. Why? And what is of Kosovo Municipalities. the approval of the 2003 where results would have meant to be apolitical and the point of local govern- He added that, “it causes budget. To some extent been bett er had they professional seems to be ment if leaders do not take problems in proper admini- the Policy and Finance remained and tried to irrelevant to parties in their up their responsibilities stration and off ering ser- Committ ee has played the infl uence the debate. att empt to gain positions and, above all, solve the vices to people while also Municipal Assembly’s role for “their” people. hampering integration…of by approving emergency In Viti/Vitina and Suha- problems at hand? All is not bad and boycott many priorities of com- budgets to cover the basic rekë/Suva Reka assemblies, “Political gridlock is mainly can be overcome. In both mon interest.” needs of some municipal both with an LDK majo- due to political entities Rahovec/Orahovac and departments. rity, PDK is withdrawing failing to accept loss,” said M u nicipal Assembly boy- its members as a sign of Shtime/Štimlje, political Ibrahim Makolli of the cott s in Kaçanik/Kacanik Mr. Haziri, who is also protest as, according to parties recently came to Council for Defence of Hu- and Novoberdë/Novo Brdo President of Gjilan/Gnjilane Mr. Makolli, “the majority agreements that ended man Rights and Freedoms. began when parties either municipality, believes that in the Assembly does not stalemate in those found their leading role active participation can take into consideration the municipalities. And while Elected members of poli- seriously diminished or lead to solutions. “It is the boycott continues in tical bodies have decided opposition’s suggestions, were now in opposition. important to fi nd a remarks, or proposals.” Malishevë/Mališevo, PDK, that their interest, and that These boycott s are still in satisfactory compromise. as a sign of compromise of the people who elected place. Gridlock in other Through active participa- PDK and AAK members to the LDK, agreed to them, is best served by m u nicipalities - Deçan/De- tion, these small diff erences in Kamenicë/Kamenica are increase the number of not att ending those bodies. cani, Kamenicë/Kamenica, which are hampering so boycott ing the work of seats in the Policy and These are the same bodies Klinë/Klina, Lipjan/Lipljan, much the normalization of Assembly and committ ees Finance Committ ee. people voted for and placed Malishevë/Mališevo, Suha- work would be overcome,” because of the perceived Democratic society is all their trust in. rekë/Suva Reka and Vitia/ said Haziri. att itude of the LDK. The about debate. There are no Vitina - is symptomatic result is litt le of the Boycott as a political tool Even when boycott is problems which have not of boycott , or political municipal budget being can be eff ectively used to carried out for considered been solved through talks. protest, through non-par- used. However at the last draw att ention to issues reasons, it is always “By serving citizens, we ticipation in either Assem- Assembly meeting, a which have not or cannot negative, creates gridlock, serve Kosovo. This can be bly or committ ee work. narrow quorum was rea- be solved in daily business. and contributes nothing achieved only by active ched with the att endance In extreme cases of such In Lipjan/Lipljan, where debate. This refusal may participation,” concluded of Kosovo Serb represen- gridlock it can undermine LDK lost its leading role be successful in gett ing Haziri. Boycott , the refusal tatives, making it possible the running of an insti- to PDK, the voters did concessions from other to participate, only leads to approve proposals. tution. It also suggests a not give a clear mandate parities but, in the mean- to gridlock and harms the refusal to accept the results to any political party. No time, a constant penalty is A further contentious issue interest and development of the democratic process. government has yet been paid. Business can still be is dissatisfaction with the of society. ASI Mission Statement Time-line of up-coming support activities As the inter-agency coordinator of democratization programs to support the Assembly of Kosovo, the May 2003 Assembly Support Initiative (ASI) seeks to strengthen - 5 May: Workshop with Legal Staff , by FNSt. and professionalise the Assembly of Kosovo in develop- - 6 May: Consultations on Rules of Procedure, by FNSt. ing skills so that it may become a stable, functional - 9 May: Workshop on intra-party and inter-party relations, by EWPPP. and productive legislative assembly, operating in accor- - Between 12 and 31 May: Round table in Committ ee on Social Welfare on dance with the rule of law and on behalf of all com- the Law on Social Assistance Scheme and the Law on Essential Labour munities and citizens equally. and Health, by FES. Members of ASI will work to bring resources together - Between 12 and 31 May: Round Table in the Health Committ ee on the in a common pool in the furtherance of this goal. The Law on Medicine Products and Medical Devices, by FES. work of ASI will focus on a democratic political culture - Assistance in establishing a “working council” for Assembly staff , by FES. based upon knowledge of and respect for democratic - Assistance to the legislative process, by Bearing Point/ Barents. rules of procedure, transparency and accountability to - Advise upon request to the new parliamentary group of “Other the public, developing and implementing a legislative Communities”, by OSCE. agenda, oversight over the Executive and respect for - Working visit to Slovenia for the Gender Equality Committ ee, by Kosovo multi-linguality of the Assembly. Civil Society Foundation (KCSF). As the inter-agency coordinator of support to the - Consultations on the Freedom of Information Law, by NDI. Assembly of Kosovo, ASI supports the Assembly via - Consultations with Members of Municipal and Central Assembly on conferences and training, workshops with the Com- mitt ees, technical assistance on the legislative process, constituent Relations, by NDI. advise to the Presidency, Committ ees chairpersons and - Consultations on establishing a Glossary of parliamentary and legal individual Assembly Members, working visits to other terms, by O/PM, OSCE, NDI and Assembly Secretariat. parliaments, training for the legislative staff and inter- - Start of the implementation of the SPEAK-project by UNDP and IPU. preters of the Assembly. The work of advisers and con- SPEAK = Support to Parliamentary Electronic Archives in Kosovo. sultants to the Assembly and its Committ ees is also - Ongoing co-ordination of donor support to the Assembly in framework part of the ASI-coordination. of ASI, by OSCE.

June 2003 Currently participating in ASI: - During second half of June, Workshop with Budget and Gender Equality Committ ee on “budgeting from gender perspective”, by OSCE. Friedrich Ebert Stiftung (FES), Friedrich Naumann Stif- - Assistance to the legislative process, by Bearing Point/ Barents. tung (FNS), Konrad Adenauer Stiftung, East-West Par- - Consultations on establishing a Glossary of parliamentary and legal liamentary Practice Project (The Netherlands), European terms, by O/PM, OSCE, NDI and Assembly Secretariat. Agency of Reconstruction (EAR), United States Agency for - Workshops on the Freedom of Information Law, by NDI. International Development (USAID) in co-operation with - 28 June till 5 July, working visit to Germany on educational matt ers for National Democratic Institute (NDI), United Nations a mixed delegation of Assembly and Government, by Konrad Adenauer Development Program (UNDP) in co-operation with the Inter-Parliamentary Union (IPU), OSCE Democratization Stiftung. Department and the Assembly Secretariat with the active - Assistance to the legislative process, by Bearing Point/ Barents. support of the Offi ce of the Prime Minister, UNMIK’s Pillar IV (EU) and the country offi ces in Pristina of Aus- July 2003 tria, Belgium, Germany, Italy, The Netherlands, Switzer- - 2 July: Consultations with Committ ees for Trade and Industry and land, United Kingdom and United States. Finance and Economy, by FNSt.