ASInewsletter

June 2005, No 17

““ParliamentariansParliamentarians aarere nnotot ffromrom MMarsars bbutut ffromrom KKosovo”osovo” DDebateebate wwithith tthehe HHeadseads ooff tthehe PParliamentaryarliamentary GroupsGroups osce Mission in Kosovo 2 ASInewsletter

Welcome Ambassador Werner Wnendt

UN Secretary-General Kofi Annan has appointed Ambassador Werner Wnendt as the new Deputy SRSG in charge of UNMIK’s institution-building pillar, Pillar III, led by the OSCE. Ambassador Wnendt, born in 1952, is a career diplomat who joined the German Foreign Service in 1980. Before assuming the position of Head of the OSCE Mission in Kosovo on 28 April 2005, Ambassador Wnendt was the Senior Deputy High Representa- tive in the Offi ce of the High Representative in Bosnia and Herzegovina, a post he took up in 2003.

The Assembly of Kosovo and the Stability Pact for South-East Europe

Doina Ghimici, OSCE Mission in Kosovo

The last meeting of the Parliamentary Cooperation Task Force took place on 15 April 2005 in Brussels. The Assembly of Kosovo was for the fi rst time represented in such an event. Upon the invitation of Goran Svilanovic, Table I Chairperson, Assembly Member Enver Hoxhaj a ended and in an objective and professional manner Parliamentary cooperation was reconfi rmed as a core objective at briefed the meeting on current developments in Kosovo, the priori- the Stability Pact Regional Round Table held in Portoroz, Slove- ties, eff orts and main achievements of the Assembly of Kosovo, and nia, in June 2004. Under the Stability Pact initiative, members of also mentioned the principal challenges that Kosovo’s legislature is legislative bodies throughout South-East Europe are encouraged facing along with the entire society. He pointed at the urgent need to enhance their cooperation in dealing with common challenges for a mentality change, fi st and foremost for Assembly members. such as increasing the eff ectiveness of parliamentary work and Enver Hoxhaj also stressed how important was for the Assembly strengthening the role of parliaments in policy-making and over- of Kosovo, as a young parliamentary institution, to intensify con- sight. Also, exchanges between the parliaments of the region and tacts with and learn from the experience of the other legislatures the EU parliaments in Euro-Atlantic integration processes are pro- in the region. Kosovo AM’s presence in the Stability Pact meeting moted in the Stability Pact framework. Bringing benefi ciaries and was broadly welcome and his contribution very appreciated. It is donors together, the Stability Pact plays an instrumental role in set- expected that the inclusion of the Assembly of Kosovo into the Sta- ting priorities, avoiding duplication and maximizing the effi ciency bility Pact network of cooperation will become permanent. of various donor programs, including through eff ective coordina- tion of international donors. On the same occasion, the OSCE Mission presented its initiative to The Stability Pact Parliamentary Cooperation Task Force is meeting organize, in cooperation with the Assembly, a parliamentary round- twice a year, approximately one month before the meeting of the table that would off er MPs from South-East Europe the opportu- Stability Pact Working Table I within which it functions, in order to nity to visit Pristina and familiarize themselves with the Kosovo review the needs expressed by South-East European parliamentar- reality, while off ering Kosovo Assembly members the possibility to ians and the Task Force’s work programme that always takes into share experiences and best practices with their more experienced consideration the initiatives already undertaken by other institu- colleagues from the region on issues of common concern. Both the tions and governments, in order to identify programming gaps Chairman of the Working Table I and the Task Force Coordinator and a empt fi lling them. In addition to donors and implementing welcomed the initiative and agreed to include the upcoming event agencies, parliamentarians from the region are invited at the Task in the Stability Pact framework. The envisaged date for the round- Force’s meetings in order to strengthen the Stability Pact’s regional table is 10th of June, which coincides with the sixth anniversary of ownership. the Stability Pact. ASInewsletter 3 “We need more dynamism in the Assembly”

In the current edition of ASI Newsletter, we focus on the role and the opinions of the Parliamentary Groups in the Assembly of Kosovo. We interviewed Ms. Gjylanze Syla, Head of the AAK Parliamentary Group.

Interview: Edita Bucaj, OSCE consultations with municipal authorities during the process What is the main objective and of draV ing laws. In doing so, approach of the AAK parlia- we could have avoided many mentary group in the current diffi culties in implementing mandate of the Assembly? the laws by the municipalities. Being partners in the Secondly, there is lack of regular Government coalition, we aim contact with our constituency. at fulfi lling our aspirations The parliamentary group of and protecting Kosovo AAK will conduct fi eld visits citizens’ interests through the to see how the Government Government Programme. We programme is being shall provide full support to implemented. This will enable the Government’s priorities us to discover the problems and its defi ned strategy, in implementing the laws, to implementation of its agenda, try to respond and give our as well as to the promotion of feedback. governmental policies. We implement an overall What is your stance on a pos- inclusive, rather than exclusive, sible meeting of Kosovo’s policy. We want to cultivate President and Prime Minister a political culture and do with Serbia’s leaders? everything possible to avoid tional competent staff . Assem- This is crucial at a time when Kosovo wants peaceful relations an aggravated relationship bly Members need to become many important decisions on with neighbours, including with the opposition. We experts in a certain fi eld and the future of Kosovo have to Serbia. Meetings between encourage constructive co- effi ciently use the mechanisms be made. We think that for the operation and tolerance. We to monitor the work of the development of a sustainable senior leaders of Kosovo and are advocating participation in Government. democracy in Kosovo we Serbia can be developed at the level of good neighbourly Kosovo’s processes and in the However, in Kosovo as well need more sessions per month and constructive co-operation. institutional life in general. as in other countries, we are than is currently the case. A All of the issues of common faced with limited resources. preliminary planning of the What has been achieved in interest for both parties can be Therefore, co-operation with plenary schedule, at least six the work of the Assembly and discussed, such as the issues civil society should increase per month, would also increase what can be improved? in order to benefi t from the the effi ciency of the Assembly’s of the kidnapped and missing The capacity of the Assembly information they possess as work. persons, stolen pensions, war to provide the necessary space well as their recommendations. damages, cadastral records and working conditions for How do you assess the level of and documentation, etc. or the Members has increased. Is there suffi cient debate in the implementation of legislation? implications deriving from The Assembly administration Assembly? Reasons for non- or partial the independence of Kosovo, but not for the fi nal status of is be er trained and the work The Assembly is the place to implementation of laws are of the Assembly Commi ees have debates, agreements and manifold. Bearing in mind the Kosovo. has been empowered. The urgent need for many laws, the disagreements, compromises What is your stand on the fi le commi ees are more active Government was under time or consensus. As I said, the submi ed by PDK about part and they oV en hold public pressure to draV them and the Assembly’s work should of the government? hearings, which increases the be intensifi ed, which will Assembly to approve them. transparency. mean more meetings, more A shortfall was when the cost My conviction is that this is an The work in the Assembly opportunities for debates, estimate for any draV law was issue for the courts. Decisions could be more dynamic, ple- and as the result we will not foreseen. Consequently, must be taken by courts. nary sessions more fre-quent have frequent and closer we lacked monitoring of the We must all be responsible and the role of the commi ees co-operation between the effi ciency of the law. One for our actions and for the strengthened through addi- Members of Parliament (MP). reason for that is the lack of consequences of these actions. 4 ASInewsletter “Parliamentarians are not from Mars but from Kosovo”

It doesn’t happen so often that the Heads of Parliamentary Groups are sitting together to talk – on the record – on the work of the Assembly and current political developments. On 9 May 2005 Prof. Alush Gashi (LDK), Mr. Jakup Krasniqi (PDK), Mrs. Teuta Sahatqija (ORA) and Mr. Mahir Yagcilar (6+) met for a debate, organized by the OSCE and the Kosovo Daily Newspaper Express. Following is the transcript of the lively discussion. Interview: Edita Bucaj and Arlinda Desku.

How satisfi ed you are with the competencies, this would not Alush Gashi: I think that there is Assembly of Kosovo. I’ve told way the Assembly of Kosovo hinder the Assembly to deal debate with enviable culture in my caucus, since I lead a group functions and is there anything with these issues. I don’t know the Assembly about the issues of 30 deputies, not to throw that doesn’t work? if the Assembly manages to do that are in the agenda. Depu- in words while somebody is 15% of the tasks it has. ties debate seriously. There’s a speaking, because there’s the Jakup Krasniqi: We can say that culture of communication in podium and opinions should the Assembly has only func- Does the LDK share the same plenary sessions. We have many be expressed openly and not tioned in one segment: passing opinion? Has the Assembly issues for which, fortunately, with a closed microphone. In laws. Although this is a very turned into a machine of pass- now we have institutional other countries, the opposi- important ma er, it’s not the ing laws? capacity to debate. I hope there tion is more impolite towards only one. The Assembly should Alush Gashi: During this phase will be more sessions and more ruling parties activities. It’s the also deal with creating diff er- of building democratic institu- debate in the assembly. opposite here. The ruling party ent groups of control. It has to tions in Kosovo, it is very obvi- is impatient towards the oppo- control the Government. It has ous that there is progress. But The opposition criticizes the site opinion. There are diff erent to have a stronger control over of course, the fact that we are Assembly for lack of debate, reactions, words. So, there is no the Kosovo Budget. The Assem- still called provisional institu- even calling the Assembly readiness to listen to the other bly is the place to do politics. In tions shows that there is need speaker Nexhat Daci an opinion. Therefore, seeing this fact, the Assembly is not accom- to develop this process. I think usurper of free speech. Mean- impatience of the majority, Daci plishing a very important task that our society needs debate. while, Alush Gashi says that in a way suff ocates the debate. – taking care of the security of there is culture of good com- the place and citizens. Although Which does not exist in the munication in the Assembly. As far as this issue is concer- security and justice are reserved Assembly… Mrs. Sahatqij a, what’s your ned, the opposition has a dif- opinion? ferent position from yours, Mr. Teuta Sahatqij a: Each party and Gashi. each deputy should have its Alush Gashi: We are currently place and time to present its working based on few regula- opinion. Since I belong to the tions. We are pu ing in eff orts so group that is in the opposition that the Assembly of Kosovo has in this legislation, I think that a be er regulation and I think we should have this space. It that this regulation has chances is another issue if that opinion to eliminate defects, if there are is accepted or not. But at least, any. But certainly, it will off er there should be enough space more space for debate. for us to talk. ORA and PDK gave a direct Do you have this space? answer and said that Assem- Teuta Sahatqij a: We don’t have bly Speaker Daci is killing the enough space. Most of the time debate. Can you also give a we talk about why we can’t talk, direct answer. Is this true? rather than about the issue that Alush Gashi: I think that the we want to talk about. issue of managing the sessions requires talks and debates. The Is there debate in the Assembly commitment of our caucus and how much space the PDK is that the Assembly respects has to talk? procedures, based on which it Jakup Krasniqi: There’s no functions. But, currently we’re Assembly in the world with less working with more than just debate. There is no debate in the one regulation. I hope that once ASInewsletter 5 the new regulation is approved, ing the monitoring, but with his Faculty to help the work of the Why has the debate on decen- there will be opportunities for work during this period should commissions. tralization been delayed so far? deputies to have more minutes have convinced the OSCE, the than they currently have. opposition and the other that he Functioning democratic insti- Alush Gashi: We’ve supported works in a democratic way and tutions is one of the standards the request for debate in ple- Mr. Yagcilar, Do you think that really there is no need for that has to be fulfi lled. How nary session since day one. there is good debate in the the OSCE to monitor. much has this standard been Assembly? fulfi lled by the Assembly? But it didn’t happen. Alush Gashi: I’m glad that the Jakup Krasniqi: It is very dif- Alush Gashi: I hope this will Mahir Yagcilar: From the aspect work of the Assembly is trans- fi cult to say that the Assembly of our Parliamentary Group parent. I’m not aware that our happen. As you know, it’s the has fulfi lled this standard in the “6+”, we have always been care- caucus has asked that the OSCE issue of changing the govern- merited dimensions. Since the ful/prudent with the chairman does not monitor the sessions… ment. However, with more beginning of this mandate, it Daci regarding the debate, so eff orts, perhaps it could have has dealt mainly with the laws, we have always had the chance Nexhat Daci asked this from happened last week. suff ocating the debate in all to express our opinions. Soren Jessen Petersen. other forms. This is a pity. Why does the Assembly gather Alush Gashi: Maybe in a form Assembly Speaker Daci asked Teuta Sahatqij a: A lot more only once a month? Even Jessen of a statement, but I don’t know for the parliamentary sessions should be invested in democ- Petersen complained about this anything more on this. If Daci not to be monitored by the ratization, so that the Assembly recently. What are you doing? talked about the progress made is democratic. I think that there OSCE. Is this a just request? Alush Gashi: I believe that and that there is no need for should be immediate debate Teuta Sahatqij a: I don’t think it capacity building in the Assem- monitoring, progress is clear. about the issues that have to do is a just request. If we look at the bly and Government for prepar- Personally, I’m happy plenary with the citizens’ worries, and OSCE reports, we see that there sessions are transparent. I’m not obstruction of initiatives ing sessions is be er now. were irregularities. Also, con- commi ed to having more in the Assembly Presidency. I So, you’re satisfi ed? sidering that we are new in this observers in the work of the think that we have a major clash job, a monitoring to show us the commissions. Therefore, it was here. We have the decentraliza- Alush Gashi: Capacity build- way is very welcomed. LDK’s initiative, accepted by the tion case, which was asked to be ing in Kosovo institutions is Jakup Krasniqi: I think that Daci OSCE, to have students of the debated for a long time, but it be er now than it used to be in shouldn’t have asked for remov- 3rd and 4th year from the Law didn’t happen. the previous legislation. Now, 6 ASInewsletter all preconditions exist for the with accusations, will you vote Mr. Gashi, is Homeland Secu- convinced that issues cannot be Kosovo Assembly to have more for the creation of the investi- rity LDK’s secret service? solved between Prishtina and frequent sessions, and for debate gation commission? Alush Gashi: I beg your Belgrade. about Kosovo citizens’ needs to Alush Gashi: If the document is pardon? What’s LDK’s position on this? be discussed in these sessions. I given to us, then we will review believe this is going to happen. that document, and then we will Does LDK have a secret service Alush Gashi: We haven’t dis- come out with a public position that is called Homeland Secu- cussed this issue in a formal But it’s not happening at the on a plenary session. rity? meeting. Rugova is the Presi- moment. Gashi: I am the chairman of dent of Kosovo’s citizens and I Alush Gashi: The preparation, Why PDK does not submit the LDK caucus. We are not aware think that this is not an issue of the capacity of draV ing laws in document to the Assembly? of such a service. As a member our party’s decision only, but I the Government of Kosovo is Jakup Krasniqi: Things should of the LDK presidency, I’m not believe that the president will the one that it is. The capacity not be put like this. We have aware of such a service. have this into consideration of processing of documents in submi ed a document where before taking the decision. LDK the Kosovo Assembly is be er we’re supposed to. It’s not for What about ORA? has a clear position when it than in the past. So, now we are the Assembly. But, the Assembly Teuta Sahatqij a: No, it doesn’t. comes to relations with Serbia. in the phase that we can debate should deal with this issue even We think that our police and We think that making offi cial the issues that are important, without that document, because institutions should be more the independence of Kosovo is except for passing laws. parliamentarians are not from vigilant and shed light on them. needed, that this issue cannot Mars but from Kosovo. And, Not solving these cases can be solved between Serbia and Mr. Krasniqi, earlier you said it has been talked about and that there is no good culture create the possibility of creation Kosovo. wri en about these issues in and their existence. of communication in the Kosovo, in TV and newspapers. Jakup Krasniqi: The decision to Assembly, but you have also This should have been enough There’s a pressure from the talk to Serbia should be taken in been accused of misusing the to establish investigation com- international community for a the Assembly of Kosovo. I think podium. missions, control the wealth of Rugova-Tadic meeting. What that without discussing this Jakup Krasniqi: I wish I was told, people in power, and verify if do you think, should this meet- issue in the assembly, the meet- “this is the word you said…and that wealth is legal or not. There ing happen? ing should not happen. But, the with these words you ruined it are diff erent accusations. If the Alush Gashi: What will Presi- debate is not only suff ocated in …” investigation commission is dent Rugova decide, that will be the Assembly, but also within created, deputies will certainly his legitimate decision. But, I’m political parties. You’ve been criticized about receive the material. I’ve asked your accusations in the Assem- that the investigation com- bly, saying that one part of the mission co-operates with the government cabinet is incrimi- investigation police and courts nated, meanwhile this has not besides having that material. been confi rmed. Do political parties have secret Jakup Krasniqi: I didn’t accuse. services? I raised mine and citizens’ con- cerns. I’ve asked the Assembly Jakup Krasniqi: It’s not my job to create an investigation com- to verify if political parties have mission about the concerns I’ve secret services. Certainly, parties expressed. have diff erent services that they need. The point is not where we Why didn’t the LDK vote the got these documents, but rather creation of this investigation if what is raised in those docu- commission, Mr. Gashi? ments stands.

Alush Gashi: Before the inves- Is SHIK PDK’s secret service? tigation commission is created, we want the Assembly Presi- Jakup Krasniqi: No. We’re not dency to have at least a material, a body or people that deals based on which it will estimate with secret services in Kosovo. if it’s worth creating such a com- There are many secret services mission or not. We do not con- in Kosovo, perhaps even out- sider it a refusal, but respecting side political parties. We are a a procedure. caucus that asks for the security of citizens and justice system to If you are given that document be at the desired level. ASInewsletter 7 Assembly of Kosovo at the NATO Parliamentary Assembly regional seminar For the third time in a row, Kosovo Assembly members took part in NATO Parliamentary Assembly events, following active media- tion and involvement of the OSCE. The Assembly of Kosovo needs additional support in establishing a network of regional contacts and developing mechanisms for international cooperation. Assembly members Gjylnaze Syla and Oliver Ivanovic were present at the 59-th Rose-Rose seminar “Towards Euro-Atlantic integration: Progress and challenges in South-East Europe”, organized in cooperation with the Croatian Parliament in Dubrovnik from 12-14 March 2005. More than 60 members of parliaments from most NATO countries and partners, including the NATO Parliamentary Assembly President Pierre Lellouche, were in attendance. Ms. Syla and Mr. Ivanovic contributed as panelists on the discussion on Kosovo. Doina Ghimici, OSCE Mission in Kosovo

tion in Kosovo and in Serbia and He also pointed at the neces- who seek economic prosper- Montenegro. It appeared that sity to address perceptions on ity, education and security. the debate, even in Serbia, has security. Recalling that NATO’s Noting that the road to these already shiV ed from should we profi le in Kosovo has increased, targets passes through strength- discuss fi nal status, to in what the NATO offi cial confi rmed the ened democracy and rule of format to begin future status Alliance’s long-term engage- law, be er regional relation- negotiations. NATO parliamen- ment in South-East Europe and ships, European integration tarians and their regional inter- Kosovo. Although NATO is not and membership in organiza- The prospect of integration into locutors agreed that Belgrade the responsible organization tions like NATO, the Assembly the European Union is a power- and Pristina should be included for defi ning the future status of member pointed at the impos- ful incentive, concluded partici- into the negotiating framework, Kosovo, NATO will play a politi- sibility to achieve these objec- pants, and provided a general as should the Kosovo Serbs, cal role in the expanded Contact tives in absence of a decision on framework for stabilization but if negotiations are to suc- Group framework in the politi- the fi nal status of Kosovo. Ms. and transition for countries that ceed, renewed eff ort is needed cal discussion “in the benefi t of Syla argued that the PISG make emerged from the former Yugo- in stimulating cross-ethnic people and for a be er coordi- eff orts to fulfi ll the Standards slavia. The general situation in dialogue, and rebuilding trust nation of the IC and PISG”. Mr. as they “are necessary to be a South-Eastern Europe has sub- between Serbs and Albanians Molina requested from NATO state”, and gave an overview stantially improved compared in Kosovo, as well as improv- parliamentarians to support of PISG’s eff orts, including in to ten years ago, but at the same ing communication channels any constructive initiatives on reaching out to minority com- time, various problems persist. between Belgrade and Pristina. Kosovo; from Kosovo Serbs munities and handling with These problems and the pro- In addition, Europe should to participate in institutions, dignity Ramush Haradinaj’s cesses likely to develop in the clearly stress the EU perspective including the High Advisory indictment. She also mentioned coming period - in particular for for both Serbia and Kosovo, i.e. Council on Security, making several roadblocks and the neg- Kosovo and Serbia and Monte- indicate two separate but paral- clear that informal contacts are ative infl uence that the uncer- negro - call for a mid- to long- lel EU tracks. not a substitute for participa- tainty of status has particularly on Kosovo’s economy, and term commitment to the region In the panel discussion on tion; and from the PISG and spoke about the contribution by the international community, the future of Kosovo, Joaquin people in Kosovo to work to to regional stability and devel- and in particular of the EU and Molina, who is responsible for improve the feeling on security opment that an independent NATO. Both the international Kosovo within NATO Crisis and mobility for minorities, and Kosovo would make. community and the region itself Management Division, pre- fi ght corruption and organized will face a great challenge: to sented the stance of the inter- crime. Following Ms. Syla, Oliver Iva- manage future developments national community from a For the fi rst time speaking novic, already familiar with the so that the hard won stability in security perspective. Speaking before an inter-parliamentary NATO PA owing to his past con- the region is not harmed. about the emergence of a more assembly, Gjylnaze Syla, AAK tributions before NATO parlia- Despite a variety of interests comprehensive approach to caucus leader, delivered a well- mentarians, gave a presentation and opinions, the majority of security in Kosovo, especially in received presentation entitled entitled “Present stuck in Past”. seminar participants agreed view of the mid-year Standards “The Road Ahead”. Pointing at While his Kosovo Albanian col- that the unresolved question of review, Mr. Molina pointed at the uncertainty about the future league pointed out successful the status of Kosovo was a major the improved UNMIK-PISG and of Kosovo, Ms. Syla spoke fi rst eff orts, Mr. Ivanovic pointed concern for the IC as well as a UNMIK-KFOR co-operation, on behalf of all Kosovo people, mainly at fl aws, highlighting complicating factor for the situa- and be er KFOR operations. irrespective of their ethnicity, continues on page 19 8 ASInewsletter Recent developments in Kosovo’s institutions

New government elected on 23 March 2005 Following the resignation of Mr. Ramush Haradinaj as Prime Minister on 8 March 2005, the Assembly of Kosovo elected a new govern- ment on 23 March 2005. The Assembly elected AAK Deputy chairperson Bajram Kosumi as Prime Minister together with his proposed cabinet, which contained very few changes from the previous cabinet. Prior to the Assembly vote, an extensive debate took place. Mem- bers from the coalition spoke of their support for the new government as a continuation of the successful government led by Mr. Haradi- naj, while those from the opposition criticized the government for presenting a vague program. The Assembly endorsed the government with 71 votes in favour and 36 in opposition

Ministers visit Kosovo IDPs in Montenegro way to cement multi-ethnicity and warned that both sides needed to be ready to compromise in status talks. In this context, dialogue A joint UNMIK-PISG delegation visited Montenegro on 8-10 April was key to creating a “framework of confi dence” ahead of status 2005 in order to examine the situation of Kosovo IDPs housed in talks. Prime Minister Kosumi underlined the government’s readi- collective centres there. Minister for Returns and Communities ness to engage only in technical dialogue with Belgrade for now Slavisa Petkovic, Minister for Local Government Administration and insisted independence was the only option in status talks. Lutfi Haziri, and the Deputy Director of the Offi ce for Returns and Opposition leaders were strongly critical of the decentralisation Communities talked to IDPs in the Berane and Konik collective process as currently envisaged and what they see as the “non- centres, in Podgorica, as well as with representatives of the Min- functioning” of democratic institutions in Kosovo. Serb List for istry for Labour and Social Welfare and the IDP Commissioner in Kosovo and Metohij a (SLKM) leaders announced their intention Montenegro. It was agreed to continue talks on future cooperation to re-engage in decentralisation working groups and rejoin the regarding returns to Kosovo. Assembly and the Government. They expressed support for more decentralization pilot projects. Contact Group meeting held in Pristina On 12-13 April 2005, the Contact Group (CG) meeting was held Turbulent Assembly session on 21-22 April 2005 in Pristina. Political directors of CG countries held meetings with The 21-22 April plenary session of the Assembly of Kosovo saw UNMIK offi cials and Kosovo political and institutional leaders. walkouts by both main opposition groups, PDK and ORA, aV er This was the fi rst time the CG had been convened at this level their proposals for the agenda were overruled. PDK proposed that, in Kosovo. CG stated that they were encouraged by progress on in addition to the items already foreseen on the agenda, the Assem- some Standards and had perceived a “new sense of willingness” bly should include discussions of decentralization, the formation to engage in dialogue between Serbs and Kosovo Albanians. They of an ad-hoc commi ee to investigate alleged criminal activities of stressed that results on decentralisation in Kosovo were the best certain members of the Government, and the ORA motion citing ASInewsletter 9 procedural violations at the previous plenary session. PDK like- Ministers reach out to Serbian Orthodox Church wise proposed the postponement of the adoption of the Law on the Independent Media Commission (IMC) and the Assembly’s new On 25 April, the SRSG issued an Executive Order declaring a spe- Rules of Procedure, stating that neither should be adopted in its cial zoning area the Deçan/Dečani canyon, where the Visoki Dečani current form. Serbian Orthodox Monastery is located, designated by UNESCO as a world heritage site. Under the Executive Order, to be in eff ect for The Assembly passed at the second reading the draV law on Social six months with possibility of renewal, no construction or indus- and Family Services and the draV law on the Independent Media trial or commercial activity will be allowed in the canyon without Commission. The Assembly also passed at the fi rst reading the draV authorisation approved by UNMIK. Owners and users of land in law on Adult Training and Education, the draV law on Establish- the area must follow Kosovo laws and UNESCO standards on the ing the Judicial Institute of Kosovo, the draV law on Agricultural preservation of cultural and natural heritage. On 1 May, the SRSG Land and the draV law on Administrative Procedures. Assembly together with the Minister of Environment and Spatial Planning members postponed for the next Assembly session the second Ardian Gjini and the Municipal Assembly President, responded reading of the draV law on Housing. The Assembly also reviewed to the invitation of Bishop Teodosij e and a ended the Orthodox and adopted remarks of the Assembly Commi ees and UNMIK on Easter Lunch at the Visoki Dečani Monastery. It was the fi rst time the Law on Trade of Petroleum and Petroleum Products, endorsed since the confl ict that Kosovo Albanian offi cials a ended such an on 17 April 2004, and the Law against Corruption, endorsed on 8 important religious celebration in the Monastery. September 2004. On 10 May, the Minister of Culture, Youth and Sports, Astrit Haraq- ij a, announced the establishment of an Implementation Commi ee SRSG expresses concern over April session for Reconstruction of Religious Sites. The mission of the commit- of Assembly tee is based on the Memorandum of Understanding on general principles for the reconstruction of Orthodox churches and other On 29 April, the SRSG sent a le er to the Presidency of the Assem- religious sites damaged during the March riots, signed by Patri- bly expressing his concerns about the events of the 21-22 April ple- arch Pavle on behalf of the Serbian Orthodox Church and Minister nary session, aV er receiving an OSCE Assembly Monitoring report Haraqij a. The commi ee will implement the recommendations on the session in question. In the le er, the SRSG called on the contained in the Council of Europe and UNESCO technical assess- Assembly Presidency, in particular Assembly President Nexhat ment report for the reconstruction of 35 churches and other sites. Daci, to make a greater eff ort to take into account the interests of all political entities represented in the Assembly. He wrote that recent actions such as denial of the right to speak during a debate, Assembly debates local government reform unilateral decisions to delete Assembly Members’ statements from On 19 May 2005 the Assembly plenary session conducted its long the records of the proceedings, and threats to remove Assembly awaited debate on decentralization and the local government Members from future plenary sessions could harm the institutional reform process. Prime Minister Bajram Kosumi and Minister for credibility of the Assembly. The le er made reference to OSCE Local Government Lutfi Haziri gave introductionary statements. proposals to strengthen the Assembly’s internal corrective mecha- They outlined the concept behind the current process for local gov- nisms, by holding regular meetings with the Assembly Presidency ernment reform, the key objectives and their development since and working with the legislative commi ee, which has a role in the start of the process under the previous government of Prime resolving procedural disputes. Minister Rexhepi. The Minister also elaborated on the content and time-line of the current government proposal, the meaning of the pilot municipalities and the Discussion on creation of “Kosovo Forum” importance of the project for On 29 April, the SRSG hosted a lunch for the main Kosovo Alba- good governance in Kosovo. nian political leaders. Discussions focused on improving relations The Heads of all Parliamen- between the Government and the opposition and on the forma- tary Groups took the fl oor tion of an inclusive political forum that would tackle key issues and commented on various such as standards, dialogue with Belgrade, decentralisation and aspects, such as the fi nancial status talks and where all major political factors in Kosovo would sustainability of the new pilot be represented. According to the SRSG, “It will not be a substitute municipalities, competencies for institutions but support existing institutions and dialogue on of the local adminstration, key issues”. The SRSG subsequently sent a wri en proposal on role of the Assembly in the the forum for approval to the leaders. Initial reactions to this idea future decision making pro- reveal the diff erence in perception between the LDK and the PDK cess. More then 100 (of 120) about the role of such a forum, with LDK supporting an advisory Assembly members a ended role and PDK a decision–making role for it. The SRSG met with the session. The Serbian Mem- the Contact Group (CG) Plus in Pristina to discuss the goals of bers of SLKM were absent, the “Kosovo Forum” initiative; full support to the initiative was continuing their boyco of expressed by the representatives of the CG Plus. the PISG. 10 ASInewsletter “Serbs shall have a secure future in Kosovo” Extract from Prime Minister Bajram Kosumi’s address to NATO Ambassadors visiting Pristina on 13 May 2005 of Local Governance Mr. Haziri tion). We have now also secured and the Minister for Returns funding for the purchase of and Communities, Mr. Petković simultaneous translation for all recently visited the Kosovan municipalities in Kosovo. This is refugees in Montenegro and a jointly funded project between Macedonia. Municipal mayors the British and Kosovo Govern- have achieved great success in ments. improving inter ethnic relations, “Decentralization represents and especially in return, prop- only one segment of the over- erty rights, freedom of move- all local government reform. ment and language use. Couple You are probably aware that the of days ago, respectively on 3 Government has adopted the May 2005, The National Theatre project of pilot municipalities, in Prishtina hosted a Theatre and here I wish to reassure you “My Government would like to communities in the Kosovo dem- Play from Belgrade. This was an that the decentralization pro- present today the achievements ocratic institutions. The most evening show and the audito- cess is going to be implemented and challenges facing us in the positive sign in this direction rium was full, the majority were despite few disagreements by political process. The Govern- is the decision of some Serbian Serb. This might seem a very opposition parties. I have been ment of Kosovo has received political parties to participate in simple example, but it shows personally engaged in talks the last technical evaluation the Kosovo institutions despite that we are moving towards with the opposition leaders. We on Standard implementation, the opposition from Belgrade. normality. have now scheduled the 19th of which highlights positive devel- The Government has welcomed “Freedom of Movement is sat- May as a date for the debate in opment and the tangible results this very much. isfactory in most of the areas in the Parliament. I am very much in implementing the standards. “Concrete steps were taken Kosovo. The biggest challenge commi ed to take into account “The Standards should not be and implemented for employ- facing us is the northern part the recommendation s from the perceived as being imposed by ment of minority representa- of Kosovo. This is a challenge opposition parties and incorpo- the International Community. tives, especially Serbs, within we need to face and solve very rate them in the decentralisation They should refl ect the scale of Kosovo Institutions. They now soon. project. In the beginning of July, development of our society. The hold senior civil service posi- “The Government is in the pro- The Government will be in a more we implement the standa- tions and the strategy is now in cess of approving the Law on position to disclose fi rst concrete rds the higher the level of de- place for the increase of minor- Offi cial Languages in Kosovo. results in implementing pilot mocracy shall be in Kosovo. ity employment percentage Minorities are using their lan- projects involving 5 municipal We are optimistic, as the pro- which at the moment is at 10.2%; guages in public administra- units. cess is in its right track and the 2600 minorities, the majority of tion structures and Albanian “These fi ve pilot projects rep- mechanisms to move forward which are Serb, are presently and Serbian are equally offi cial resent the Governments’ off er the process are in place. In the employed in the central Gov- languages in Kosovo. Minori- to the Serb community: as last couple of months we have ernment structures. A decision ties are educated in their own you might know Serbs are the organised numerous debates was recently taken to appoint a languages (supported by text- majority in some of the pilot with communities in almost all political advisor (from a minor- books in their own languages) municipalities. Through decen- municipalities of Kosovo. These ity community) to the Minister and are free to use their national tralization, they will have the debates facilitate a be er under- of Education who will primarily symbols and practice their own majority in municipal assem- standing and awareness among be responsible for minority edu- customs and religions. blies; they will have their Ser- all citizens on the importance of cational policies. “Two offi ces which will moni- bian mayor, and will be able to standards. Debates also allow a “In the area of inter ethnic rela- tor the bilingual compliance take decisions related to their be er and a direct communica- tions, special engagement has were established (one at cen- everyday problems they face in tion with all communities. been towards integration of tral level – with the Ministry of their communities. Along with “One of the main priorities for ethnic communities, improving Public Services and another at this process, we want to send our the Government is a proper and freedom of movement and the local level – with the Ministry of message that Serbs shall have a full participation of minority return of refugees. The Minister Local Government Administra- secure future in Kosovo. “ ASInewsletter 11 “Standards have been discredited by connecting their fulfilment to the status discussion” Priority standards, focussing on minority rights, have become centre stage in the political process. We interviewed Mr. Oliver Ivanović, Head of SLKM, to find out what are his views. Interview by Vasilija Stanic.

To what extent, you believe, democratic institutions, it is have the priority standards clear that it has not been met. I been fulfi lled? picked this standard on purpose as it is oV en connected with our The idea of standards has been participation in the institutions. discredited. Standards of life I must say that the participa- do you see areas where there Serbian but with Latin alpha- mean that something should tion is defi nitely our aspiration. have been positive develop- bet while it should have been last for a long time and that We believe that the only way to ments? For example, the eff orts Cyrillics as that is our offi cial should give direction towards try to protect interests of Serbs of municipalities to implement alphabet. Obilić has never been European values. As a result is to participate in institutions. language policy or certain Kastriot. Kosovska Kamenica standards should provide be er However, one could misuse our is Kosovska Kamenica and not living conditions to the citizens. development in the Kosovo future participation in institu- Kamenica, the same as Kosovska But fulfi lling of standards is not Protection Corps (KPC)? tions by saying “now they are Mitrovica. The UNMIK Regula- a kind of a test that we would I’m sure that these standards are in, so the institutions are mul- tion should prevent these things, need to pass now and get a going to be used to illustrate that tiethnic” and to automatically but obviously it does not oblige mark for it, and then it’s over. It there are positive developments. add “and democratic”, which neither company who puts signs is sad, but standards have been They use fi gures to show for would not be good. nor municipalities. The idea to discredited the moment when example that KPC is multiethnic cut every connection to what it was decided to connect ful- Do you speak about possible and includes a certain number of was before is bad. fi lment of standards with talks involvement in the Assembly national minorities. I simply do on status. Now we have the or also the Government? not believe those fi gures. Also, Recently you have been in situation that implementation you are not fulfi lling the stan- Thessaloniki as member of an of standards is becoming insig- We are considering participation dard by simple involvement of in the Government too, but not at Assembly of Kosovo delega- nifi cant because the focus on a number of national minorities. tion. As regional co-operation status discredits standards. This any price. We are going to insist KPC needs to become an organi- that we get what we are entitled is also part of the standards, discredits to some extent also zation that provides assistance what were your impressions? the international community, to. According to the Constitu- in cases of natural disasters. because nobody will believe tional Framework we represent The fact that this organization All regional visits have one thing whatever similar stand they the Serbian community and we quite oV en, almost every day, is in common: to exchange experi- express in the future. have the right to all those posi- expressing a wish to become an ences on parliamentary work tions that are set aside for the army is a violation of not only and, if I may say, upgrade of You believe that it is not im- Serbs. We need to sit and to talk standards, but a violation of the our knowledge. All parliaments portant whether the standards with representatives of ruling Constitutional Framework. are dealing with human rights. have been implemented or not? coalition, LDK and AAK. Mr. This is very important to us, Petersen should also participate The question of equal usage of I am absolutely sure that the because whatever our decision in the talks, and we should try to languages means that all offi cial talks will start in October. I am about participating in Govern- come to an agreement. There are languages, Serbian, Albanian absolutely sure that the priority ment would be, we will always three possible solutions for me: and possibly English, should be standards can not be even close criticize the work of those who to participate in all institutions, used absolutely equally every- to fulfi lment by then or by June, do not respect Constitutional to get into the Assembly where where, in every institution and when it is planed to evaluate Framework, Rules and Regula- we function as a full-fl edged organization. It is not only about fulfi lment of standards. Based tions and the designed policy. opposition or not to participate traffi c signs. Names of towns on this evaluation they want to This time maybe we will fi nd at all. Everything depends on and villages are being changed. bring the decision about start- a natural ally among Albanian the results of the talks. For that reason I claim that stan- ing the talks. If we only analyze dards are not fulfi lled. Recently opposition parties in criticizing the fi rst standard, functioning Related to priority standards, we have sings for Obilić in the work of the Government. 12 ASInewsletter My Front Row Seat to the Standards Process By Joshua Black, U.S. Office Pristina

on-the-ground improvements violence prompted the interna- in Kosovo’s society. By now the tional community to intervene. Working Groups have accu- At the time, leaders like Bill mulated an impressive record Clinton and Madeleine Albright, of new measures, policies, pro- as well as their international col- grams and, most importantly, leagues, believed Kosovo could new a itudes. Although much be transformed. They believed work remains to be done, these that a new society could be built groups -- and the work habits where no citizen must ever fear they have fostered -- speak well violence or be denied civil rights for Kosovo’s future. because of his or her ethnicity. In addition to these results, I also That vision, later encapsulated saw a change of tone regard- in the Standards, was the reason ing the Standards. For too long, we came to Kosovo. It continues many Kosovans have seen the to animate our policy today. Standards as a burden imposed The Standards will continue to from the outside that had no be important for Kosovo long relevance to their daily lives. aV er the mid-2005 Comprehen- In recent months, however, sive Review and fi nal status. In more government offi cials, both fact, this work will never end. As a United States diplomat in three weeks. Along with my col- inside and outside of the Work- All democratic societies must Kosovo, I have said the word leagues in the international dip- ing Groups, have challenged work constantly to build be er “Standards” more times than I lomatic community, I spent long this perception. institutions, fi ght corruption, can remember. In meetings, on hours in the Ministry of Public Kosovo leaders now increas- develop the economy and pro- television and in countless con- Services second fl oor conference ingly describe the Standards as tect the rights of minorities. versations with Kosovo leaders room observing and participat- something of intrinsic value for Leaders everywhere, includ- I have repeated this word, over ing in these meetings. Kosovo society. As one offi cial ing in my own country, have a and over and over again. But as I will be blunt: sometimes said to me, “the Standards are never-ending responsibility to tired as I get of saying it -- and these meetings were frustrat- not for UNMIK, they are not for ensure that all citizens, espe- as tired as some Kosovans get of ing. Especially in the beginning, the international community -- cially the most vulnerable, have hearing it -- I am convinced that government offi cials seemed to the Standards are for Kosovo.” equal access to democracy and the Standards represent Koso- not understand the Standards. He realized that this process is security. vo’s best hope for becoming a Reports on the Standards were about transforming Kosovo into For my part, I hope that I was be er society. oV en incomplete or assertions a be er place, a more tolerant able to help the people of Kosovo I learned this lesson over the last made that were not based on place and a more desirable place advance these goals. I also seven months working at the U.S. facts. Communication between for all citizens -- both major- hope I was able to strengthen Offi ce in Pristina. While serving UNMIK and the government or ity and minority -- to live. This the already strong friend- on a temporary detail from the within government ministries evolving understanding is more ship between the people of the State Department in Washing- was lacking. Most frequently, I important than checking the United States and the people of ton, I was able to see the guts of saw offi cials who wanted to do over one hundred boxes in the Kosovo. I believe we can build Standards implementation: the the right thing, but lacked the Kosovo Standards Implementa- upon this friendship to help actual meetings, reports, poli- skills or resources to do it. tion Plan (KSIP). Kosovo achieve the Standards cies and strategies that Kosovo’s But as time went on the Working As I heard this change in tone, I and become a be er place for all institutions are applying to Groups began to show improve- came to realize that these values its citizens. the Standards. This experience ment. Reporting improved and -- the ideas of tolerance and Joshua Black has worked on Kosovo taught me much about why became more fact-based. Presen- freedom that comprise the soul issues for the U.S. Department the Standards ma er and why tations became more crisp and of the Standards -- have been the of State for fi ve years. He is cur- the United States should help focused. Government offi cials foundation of U.S. policy long rently the desk offi cer for Kosovo Kosovo achieve them. were learning the importance before the word “Standards” at the U.S. State Department in The focus of the work so far has of translating grand phrases was ever u ered. The need for Washington. Black has also served been a series of Working Groups like “freedom of movement” these values arose from Kosovo’s at U.S. Offi ce Pristina (USOP) in now meeting at least once every or “rule of law” into concrete, horror of the 1990s when ethnic 2001-2002 and in 2004-2005. ASInewsletter 13 Standards Implementation: short term dynamism leading to long-term results Johan Te Velde, Director of the Department of Democratization, OSCE Mission in Kosovo. “Benchmarks”, “Standards”, goals and direction. “Standards for Kosovo”, In addition, being clear about “Kosovo Standards Imple- their priorities, the PISG know mentation Plan”, “Prioritized what to ask the OSCE and no Standards” – Standards imple- longer wait for the OSCE to mentation has gone through dif- come up with an off er for tech- ferent stages. What was at fi rst nical assistance. It is now the a somewhat general plan for PISG that approaches the OSCE the introduction of democratic for assistance in capacity build- and community principles in ing. We, of course, welcome this Kosovo became later a detailed development very much, since blue print and roadmap for capacity building requires that Kosovo, with clearly described the agenda is set by the receiv- goals and implementation part- ing partner. The PISG should be ners. Moreover, in its latest form in the drivers’ seat. This ensures it has become a tool for ana- ownership and sustainability. lyzing and implementing the It ensures that the assistance is policies of the PISG (Provisional genuinely wanted. Of course, it Institutions of Self-Government) is understood the OSCE can not and for assessing its work. meet all demands and has its “Standards” is the UNMIK own policy and programmes in policy for Kosovo. If future standards to be introduced was more, supporting media devel- which the demands should fi t. status discussions on Kosovo that the future status could only opment is a primary goal of the are to take place, Kosovo should be discussed if Kosovo’s ethnic Democratization Department, AV er the Standards implemen- have make considerable prog- groups could live peacefully e.g. providing assistance in law tation progress review in the ress in the conditions outlined together. draV ing and implementation middle of this year, there is risk in the Kosovo Standards Imple- and capacity building to broad- that changes which are now The Democratization Depart- started, will not be fi nished. Of mentation Plan. The Standards ment of the OSCE Mission in cast, like RTK and print media. deal with quality aspects of the This is done both at central level course, the momentum created Kosovo works towards the aims is also due to the exciting pros- Kosovo society, giving practical of the Standards and supports and at local level through the pect for Kosovo Albanians to implications to political deci- the PISG in reaching the Stan- eight OSCE fi eld offi ces spread discuss Kosovo’s future status. sions, which is crucial in the dards. The Department works over Kosovo. The Department is Some Kosovans think in terms Kosovo political situation. The at the central level within the engaged both in monitoring (fol- of passing an examination. For standards call for, among others, framework of the Assembly lowing PISG policy making and example, one requirement is the establishment of represen- Support Initiative to support implementation) and in assist- to put bi-lingual road signs in tative and democratic public the functioning of the Assem- ing the PISG in implementing Kosovo. In one municipality a institutions, for eff ective and bly. It provides support to the the Standards. civil servant remarked “to also respected rule of law, freedom Offi ce of the Prime Minister and The ‘Standards before Status’ put the road signs in English, of movement for all Kosovan the Kosovo Institute for Public policy has created a lot of dyna- because they (the international citizens regardless of their eth- Administration. In the local gov- mism under the former Kosovo nicity, for a functioning market ernment reform process, support Prime Minister Haradinaj, community) would appreciate economy and the Kosovo Pro- is give to the Ministry of Local which is now continuing under that too” (sic!), as if it was to tection Corps to operate strictly Government Administration the new Prime Minister, Bajram please the international com- within its mandate. and the Association of Kosovo Kosumi. Experiences in other munity that the standard policy was introduced. It became very clear aV er March Municipalities. And there are countries show that a coher- 2004 that the communities also numerous civil society ini- ently formulated national plan If the decision is made to start aspect of the Standards was tiatives aimed at confi dence which includes popular support future status talks, it is when more important than ever. The building and the promotion of is a powerful reform tool. Thus, PISG priorities will shiV . The main reason for the prioritized a democratic culture. Further- the PISG actions do have clearer government will dedicate its 14 ASInewsletter energy towards fi nal status dis- cussions; to some extent this is unavoidable. However, appro- priate preventive measures could now be taken to remedy that the paralyzing ‘blame game’, which was mentioned in an article in the February FOCUS edition by Mr Dickinson will start all over again. The “Standards policy” could be followed up by a sub- sequent policy, maybe the policy for EU accession, the stabiliza- Important support by three parliaments tion and association tracking mechanism. Also, media and the The eighteen-month long multi-dimensional project aimed at capacity building of the Assembly of civil society have a role to play Kosovo, including activities of MPs in plenary sessions, work in the committees and professional in keeping the PISG on track. proficiency of the Assembly staff has been successfully completed. NGO’s could come up with an alternative policy for aV er the Prof. Dr. Fatmir Sejdiu, Member of the Presidency of the Assembly of Kosovo (LDK). status review, media can criti- has been evaluated as a direct cally and constructively monitor Assembly staff through targeted exchange of ideas and experi- the actions of the PISG. trainings - legislative, budget, IT - have been a continuous part of ences related to the advance- Part of a follow-up policy should the project. ment of democratic processes, be directing international assis- and the roles that the position At the beginning there seemed tance to the PISG so as to imple- and opposition should play in to be small progress in the pro- ment the reforms, which are the parliamentary democracy. cess. However, in later stages now being set in motion. As These forums, organized in the project refl ected concrete far as this concerns the work Pristina, brought many experts results in direct scopes of work. of the Kosovo Assembly, some and members of the parliaments Through these trainings, con- laws might have been hastily together to share their experi- ducted at various locations in approved in the hurry of the ences. During their time here, Kosovo, higher quality of work Standards fulfi lment process. It these parliamentarians used and increased effi ciency of should be ensured that all laws the opportunity to intensify the parliamentary teams has been are backed with a clear coherent cooperation in the future, taking achieved. On the other hand, strategy and policy. Since a law into account that the process do the preparation of a number of is a technical instruction follow- not end here. The Kosovo leader- The project, funded by the Euro- projects related to the Rules of ing a policy, this policy should ship and occasionally members pean Agency of Reconstruc- Procedures of the Assembly of be understood and owned by of the parliament, were given tion (EAR), was implemented Kosovo, regulations on internal the PISG, which implements the opportunity to be guests of mainly by high profi le experts systematization of the Assem- the law. Then, the specifi c PISG these three parliaments, and from the Deutscher Bundestag, bly work, and other materials in institution can make an action also be met by high level offi - the Assemblée Nationale of similar areas, which in total rep- plan and OSCE capacity build- cials with whom they discussed France and the Chambre des resent the internal framework of ing assistance, if required, can issues of common interest. be rendered. Représentants from Belgium. the Assembly of Kosovo were At the same time the project conducted in parallel. Being aware that the project Concluding, the actual dyna- conducted activities to involve served as a good experience Within this support provided by mism created should be nur- the Assembly of Kosovo in the for communication and capac- the three parliaments, the direct tured. The PISG should not work of the three parliaments, ity building, it is hoped that the contacts of cooperation estab- slow down aV er the standards with the objective of intensify- project should continue in the lished between chairpersons of review. Media, civil society and ing legislative activities and its future and aim at higher objec- the three parliaments and their the Assembly have a major role harmonization with the Euro- tives. Taking into account the respective MPs and the Assem- to play here to support and pean Standards. From this point, readiness of the three parlia- bly of Kosovo and its members monitor their government, in in addition to the elementary ments to support the Assembly hold a special place. order to make sure that the deci- examination of the general situ- of Kosovo in its development sions made also results in longer ation in the Assembly of Kosovo In this respect, the organization phase, it remains the request to term reforms. conducted, profi ciency of the of two consecutive roundtables be accepted. ASInewsletter 15 Interview with Faruk Spahija, the Mayor of Mitrovicë/Mitrovica Municipality Mitrovice/Mitrovica hopes for more concrete support from central institutions

Interview by Silvian Surugiu, Media Democratization Officer, OSCE Office in Mitrovicë/Mitrovica

How is the Mitrovice/Mitro- been good cooperation between vica municipality cooperating the Municipal Assembly and with institutions at the central Assembly Commi ees, where level? many issues of concern for The cooperation between the citizens of Mitrovica were also Municipality of Mitrovica and discussed, such as those related the central-level governance is to the democratization process relatively good. However, ta- and issues related to the inte- king into account the specifi c gration of the town. Members and sensitive situation that pre- of the parliamentary commit- vails in Mitrovice/Mitrovica, I tees promised to report to the think that it is necessary to fi nd Assembly of Kosovo on the or create new ways for effi cient issues raised in the Municipal implementation of projects, Assembly of Mitrovica in order which would ease the tensions, to help fi nd a relevant solution. get communities closer to each Do you get inputs, suggestions other and integrate the town. or recommendations from the What is the direct support that MPs about your work? you receive from the Assembly The municipal leadership con- of Kosovo? siders that it provides enough The Municipality of Mitrov- room for the mutual fl ow of ice/Mitrovica hoped for greater information with members of concrete support to solve not the Assembly of Kosovo. We are only the aforementioned issues using this will to treat impor- but also other issues that would tant issues in the right way and allow for improvements in the in due time. diffi cult situation in the munici- of several projects of infrastruc- lished and the security issues Does this mean there is also pality. The cooperation with the ture to improve the lives of citi- resolved. Municipal Assembly criticism towards the work central power remains in the zens and the realization of the also signed an agreement with in your municipality by the frame of verbal declarations. process of return of displaced UNMIK for the return of Romas Assembly of Kosovo? There is a readiness to sup- persons to their properties and Ashkalis in their suburb in port us, but that support is yet Certainly yes--there were cases regardless of their ethnic back- the southern part. During this not defi ned, nor are the steps when we received criticism ground. Whilst the infrastruc- year the return of 100 families identifi ed for taking concrete from the Assembly of Kosovo, ture projects are facing fi nancial is expected, as they have so far measures towards solving the especially regarding the manner problems due to the budget cuts been living in terrible condi- problems. and timeline of fulfi lling the by MEF, the process of return is tions in camps in the northern standards for Kosovo, where on the right track. Reconstruc- part. Last but not least, Munici- What are the fi elds of coop- a greater commitment and tion of houses of local Serbs in pal Assembly asked from eration with the Assembly of effi ciency has been required Svinjare/Frashër are fi nished KFOR to evaluate the secu- Kosovo? regarding this issue. and their return is expected to rity situation to start with the The Municipal Assembly of happen soon. Presently, three return of displaced Albanians Mitrovica/Mitrovica has had What are the main tasks and Serb families are living in Svin- back to their properties in the an enhanced cooperation with objectives for 2005 in the jare/Frashër and two other northern part. Hopefully, the the President of the Assembly Municipal Assembly? families are living there from return of Albanians will be start of Kosovo, with whom many According to this year’s work- time aV er time. The Municipal this autumn, respectively we important issues related to ing plan, adopted by the Assembly has appealed to the will start with the return of 17 Mitrovice/Mitrovica were dis- Municipal Assembly, the main Serb families to return as appro- Albanian families in the suburb cussed. Moreover, there has priorities are: implementation priate conditions are estab- “Kroi i Vitakut”. 16 ASInewsletter Support to the Assembly of Kosovo

NDI offers advice on oversight hearings In mid-April the National Democratic Institute (NDI) conducted several one-day workshops with chairpersons of Assembly Com- mi ees and gave its advice on parliamentary control of the gov- ernment. The main instrument discussed was that of oversight hearings, allowing Commi ees to assess the government policies in a particular area as well as the level of implementation of legis- lation. Most Commi ee chairpersons and vice-chairpersons joined the discussions.

Visit to Greek Parliament in Athens The East West Parliamentary Practice project (EWPPP), an ASI partner organization funded by the Ministry of Foreign Aff airs of the Netherlands, facilitated a visit of an Assembly delegation to the Greek Parliament in Athens. The aim of the visit was to discuss parliamentary practices, regional co-operation and bilateral rela- tions. The participants included Assembly President Daci, heads of parliamentary groups and SLKM representatives. This was the fi rst joint visit of Daci with SLKM members since March 2004. During their stay from 30 March to 1 April 2005, the delegation met with Glossary of Parliamentary and Legal Terms the Deputy Speaker of the Greek Parliament, with the head of the Greek delegation to the Council of Europe Parliamentary Assem- The OSCE Mission in Kosovo in co-operation with the Secretar- bly and with former Greek foreign aff airs ministers, and with par- iat of the Assembly of Kosovo, the Offi ce of the Prime Minister, liamentary commi ee members. The discussions focused on the National Democratic Institute (NDI) Offi ce in Skopje and the Uni- practices of the Investigative Commi ees, relations between the versity of Pristina has completed the compilation of a trilingual, government and opposition parties, participation in Council of English/Albanian/Serbian, “Glossary of Parliamentary and Legal Europe sessions, bilateral and regional cooperation. Terms”. The project was designed to support Kosovo institutions in draV ing legislation and in multi-lingual functioning. The Glos- Support to Assembly Committee on Education sary is a collection of the most problematic legal and parliamentary During extensive discussions between the Chairperson of the terms that professional staff and translators come across in their Assembly Commi ee on Education, Science and Technology, the routine activities in Kosovo institutions. It contains 880 pages with EAR vocational education and training assistance project and the 1600 terms in three languages and is also available in electronic OSCE, participants identifi ed a number of shortcomings in the format. It has been distributed through legal offi ces and translation education-related legislation. The Commi ee requested expert cells of the PISG. advice in the preparation of public hearings on new legislation or on implementation of legislation. Following these discussions, the OSCE Mission in Kosovo decided to second an international edu- Enhancing quality and multi-lingual consistency of cational expert to the Commi ee for a period of four months with draft legislation the aim to assist the Commi ee on these ma ers. On 11 May the In mid-April a comprehensive project to establish a provisional Commi ee conducted an expert public hearing on the DraV Law Legal Standardization/Revision Unit within the Assembly of on adult education. Kosovo has started. The Unit is in charge of supporting the draV - ing process of legislation in the Assembly, reviewing the compat- Code of Conduct for Political Advisers ibility of Kosovo’s legislation with European standards, enhancing At the end of April the Government of Kosovo promulgated the the capacity of the Legal Department to format and revise legisla- Terms of Reference, Code of Conduct and job descriptions for Polit- tion, and ensuring multilingual consistency in the three languages. ical Advisers. These documents will help the Political Advisers to The project will look into the possible creation of an Assembly sub- be er accomplish their tasks within the respective PISG ministries commi ee on human rights, suggested by the Kosovo Ombudsper- and liaise with the Assembly of Kosovo. Over the last three years, son. The project “Enhancing quality and multi-lingual consistency the role of Political Advisers was not clearly defi ned in legislation of draV legislation” is aimed at bridging the gap between two nor was the role standardised across the ministries. The new docu- EAR-funded projects and as part of the ASI donor cooperation. It ments are due to a collaborative and consultative process includ- is being fi nanced by the OSCE and implemented by the Institut ing the Political Advisers themselves, Offi ce of the Prime Minister, International de Paris La Defense. OSCE and DFID. ASInewsletter 17

Kosovo delegation in Thessaloniki, from left to right: Franklin De Vrieze (OSCE), Lulzim Peci (KIPRED), Jakup Krasniqi (PDK), Gjylnaze Syla (AAK), Sabri Hamiti (LDK), Dzezair Murati (Vakat, 6+), Hydajet Hyseni (PDK), Oliver Ivanovic (SLKM), Fatmir Sejdiu (LDK). Second row: Kole Berisha (LDK) and Nazim Jashari (ORA).

Regional parliamentary conference with civil society From 14 to 17 April and with support from OSCE, a Kosovo Assembly delegation participated in the regional parliamentary conference in Thessaloniki on “Legislatures and Citizens: Promoting EU Standards of Good Governance and Rule of Law at the Domestic and Regional Level”. The conference was organized by the East West Parliamentary Practice Project (EWPPP). It brought together representa- tives of the parliaments and civil society of Albania, Bosnia and Herzegovina, Macedonia, Serbia, Montenegro and Kosovo. The Kosovo Assembly delegation, with members of all six parliamentary groups, presented the work of the Assembly in terms of legislative process, involvement of the civil society in public hearings, mechanisms to enhance transparency including the Assembly Monitor. Further follow-up initiatives in regional parliamentary dialogue are envisaged by EWPPP for 2005-2006.

Student-interns work with parliamentary groups On 13 May the OSCE Mission in Kosovo signed an “Internship Program” agreement with the caucus leaders of the main political parties. The initial project, in which two university students will be assigned to each parliamentary group, will last for one year. “I believe the interns will come to be er understand the functioning of the Assembly and they’ll be able to take back this knowledge to fellow students and the university,” said Ambassador Werner Wnendt, the Head of the OSCE Mission, at the launching ceremony in the Assembly. “The scheme could improve the democratic process for future generations because some of these students might decide to continue their political engagement. The OSCE also believes that this support will strengthen the work of the parliamentary groups”. Typical tasks for the interns will include draV ing minutes from parliamentary group meetings and commi ees, preparing agendas and invitations, administrative and clerk support, researching specifi c political and legal issues, as well as preparing speaking points for the head of their respective parliamentary groups. 18 ASInewsletter The Assembly reviewed its Rules of Procedure During the last couple of months the Assembly of Kosovo reviewed its Rules of Procedure. Virtyt Ibrahimaga, who has worked with the Assembly to ensure quality and clarity of the text as well as consensus among the Members, reflects on one of the pillars of a functioning democratic parliament. Virtyt Ibrahimaga, Senior Legal Advisor to the Assembly of Kosovo. Importance of itself as an assembly. It is free What is new in the Rules mentioned principles, harmo- to enact its own rules, choose its nization of rules with standard parliamentary rules leadership, delegate all or part of Procedure? parliamentary procedures and The law of parliamentary pro- of its authority to its leadership, The EAR-funded Project “Sup- practices of European parlia- cedure is one of the main tools and retain whatever control port to the Assembly of Kosovo” ments as well as incorporation of democracy. It has been devel- over its business that it wishes. was to help prepare the new of provisions for the implemen- oped through more than fi ve The basic principles of the draV on Rules of Procedure for tation of standards addressed to hundred years of practice in parliamentary procedure are: the Assembly of Kosovo. The the Assembly of Kosovo. draV was presented to the Presi- democratic institutions. Majority-vote decision, Equal The Project a empted to defi ne dency and to the ad hoc Com- rights and privileges, Equal in the new rules clearly the role Many people are familiar with mi ee on Rules of Procedure. Obligations, Protection of and responsibilities of the main one or another procedural tradi- The fi rst meeting on the draV minority rights, and Full and bodies of the Assembly like Pres- tion, such as the consensus proc- was organized from 27 to 28th ess used by many activist, polit- free discussion. Parliamentary idency, Parliamentary Groups procedure is a set of rules for December 2004 in Ohrid, with ical party, religious groups, and support of NDI and the OSCE and the Commi ees. One of the other civil society groups. These conducting parliamentary meet- most important bodies of the ings while allowing everyone to Mission in Kosovo. The draV , traditions are well-adapted for as presented, was accepted in parliament for the session is the the purposes of those groups, be heard and to make decisions Parliamentary Group as they with clarity. principle by the Presidency and where there is a strong common the Commi ee on Rules of Pro- suggest possible initiatives for bond, and it is important for One of the chairperson’s main cedure. It was then agreed that the Assembly agenda. In order each person to speak her or his responsibilities is to use the his/ the Commi ee on Rules of Pro- to enhance their role, the Project mind, or the main goal of meet- her authority to ensure that all cedure should take the draV of proposed new rules related to ings is to enhance the well-being people a ending a meeting are the Project as a basic text. The the parliamentary groups which of all its members. treated equally—for example, draV was discussed within the will entitle them to employ staff The parliamentary meetings not to permit a vocal few to commi ee in two consequent in order to be able to conduct have a very diff erent purpose: dominate the debates. The prin- sessions, when some amend- its political duties within of the to get business done in the ciple of democracy is crucial ments were prepared. The work Assembly. for decision making. A major- most effi cient way, permi ing of the commi ee was very suc- New provisions for the work ity vote decides an issue. In any members to do their real work, cessful and the decision making of the commi ees are also group, each member agrees to while ensuring that decisions was based on consensus. included. From the point if be governed by the vote of the are made fairly and with respect view of the Project, it was very majority. The right to vote is This eff ort included advice from for the rights of those who are important that the commit- limited to the members who legal experts of three European not in the majority. In principle tee deals only with restricted are present in a meeting during parliaments; Deutscher Bun- the purpose of parliamentary ma es which falls into its com- the time a vote is actually taken. destag, Assembleé Nation- procedure is to make it easier petency. It was also important Parliamentary rules enable a ale Republique Française and for people to work together meeting to determine the will of Chambre des Representants for the effi ciency of the com- eff ectively and to help groups the majority of those a ending de Belgiquie. A ention was mi ee work that every Assem- accomplish their purposes. a meeting, aV er the arguments drawn to ma ers related to the bly member participates in the The parliamentary procedure from all sides has been suffi - mechanisms for the control of work of only one commi ee. In is not a general law. It contains ciently presented. Every ma er government and implementa- order to improve the procedure rules which are applicable only presented for decision should tion of laws, transparency and of the second reading, provi- for the group of people. One be discussed fully. The right of effi ciency of Assembly work, sions related to the rapportuer fundamental principle of parlia- every member to speak on any internal relations between main of the commi ee are included. mentary law is that a delibera- issue is as important as each bodies of the Assembly, clarity of For every report of the com- tive assembly is an autonomous member’s right to vote. How- rules and protection of rights of mi ee, a rapporteur shall be body that enjoys the freedom to ever the iteration of arguments community and political minor- appointed, who will present conduct its business in accord- and endless debate should be ities. At the same time, special amendments, resolutions, pro- ance with its own provisions for avoided in order to enable the a ention was drawn to the com- posals or reports of the commit- the rights of its members and decision making process. pliance of rules with the above tee in the plenary session. The ASInewsletter 19 creation of the lead commi ee continued from page 7 (the former functional commit- the empty half of the glass. The tee) was also very important, Kosovo Serb Assembly member and it will have a lead role in noted that only aV er six years one specifi c ma er. It will report in Kosovo, the IC had truly to the Plenary on draV laws and changed its a itude and realized amendments submi ed by par- that the remaining Kosovo Serbs liamentary bodies and it will must be eff ectively protected recommend the Plenary the and supported. However, Mr. adoption of the amendments Ivanovic found it unfortunate “a which amendments are useful speedy transfer of competencies to make draV laws be er. to half-baked institutions” and The new rules related to the entering fi nal status talks before Presidency stresses its the role meaningful measures to protect in preparing the plenary ses- Kosovo Serbs and encourage sion, the management of the returns show results. Mr. Iva- Assembly and the interaction novic assessed that the end of with parliamentary Groups. the current school year would The mechanisms for conducting be crucial for the survival of the order in the plenary sessions are Serbian community in Kosovo. clearly defi ned. Noting that more people came to realize that the decision to With the new Rules of Proce- boyco the October 2004 elec- dure, the position of the Gov- tions was wrong, he was hope- ernment has been strengthened. ful that Kosovo Serb population New rules also include a vote could be convinced that there of “confi dence” and “no confi - are good chances that the PISG dence” for the Prime Minister. will be able to serve their inter- In order to avoid destructive ests too. Mr. Ivanovic ended his motions of confi dence which speech on an optimistic note, can lead to the political crises, speaking about the necessity it has been proposed to include for a sustainable political agree- the constructive motion of con- ment, the giving up of radical fi dence and the vote of confi - or extreme ideas, and entering dence for the Prime Minister. negotiations for a long-term The new provisions relate to solution “led by a genuine spirit the parliamentary control of of peace and our dedication to the work of the government. create a new Kosovo for our Further, in every Assembly ses- children”. sion at least two hours will be reserved for the questions and answers with the Government. However the questions shall be submi ed at latest 5 working AASISI weeks before the session. The NNewsletterewsletter instruments of interaction with civil society and provisions for OOSCESCE MissionMission HeadquartersHeadquarters, 3800038000 PPristinaristina conducting public hearings are TTel.el. (+381-38)(+381-38) 500500 162162 Fax:Fax: (+381-38)(+381-38) 500500 188188 also included. coontact:ntact: ffranklin.devriezeranklin.devrieze@@osce.orgosce.org Finally, I would like to stress hhttp://www.osce.org/kosovottp://www.osce.org/kosovo that the new Rules of Procedure TThehe vviewsiews eexpressedxpressed bbyy tthehe ccontributorsontributors ttoo tthishis NNewsletterewsletter areare theirtheir ownown aandnd ddoo nnotot nnecessarilyecessarily rrepresentepresent tthehe vviewsiews ooff tthehe are in fully compliance with AAssembly,ssembly, OOSCESCE MMissionission iinn KosovoKosovo oorr tthehe AASISI partnerpartner oorganisations.rganisations. the principals of the parliamen- tary democracy and with the requirements of the Standards Pictures in this Newsletter: Gazeta Express pg. 1, 10, 19 (Atdhe Mulla), 4, 5 (Astrit Ibrahimi), 8 (Ermal Meta), Implementation Plan for PISG. 11 (Ferdi Limani); Assembly of Kosovo : pg. 14 , OSCE pg. 2, 6, 9, 13, 15,16, 17 ; US Office pg. 12. Composition of Assembly Committees ASInewsletter 1. Committee on Budget and Finance (12 Members) 6. Milazim Haliti, Member - LDK 1. Naser Osmani, Chairperson - LDK 7. Fadil Gashi, Member - LDK 2. Snežana Milić, First Vice-Chairperson - SLKM 8. Sala Berisha –Shala, Member - PDK 3. Safete Hadërgjonaj, Second Vice-Chairperson - PDK 9. Hatixhe Hoxha, Member - PDK 4. Behxhet Brajshori, Member - LDK 10. Xhevdet Neziraj, Member - IRDK- AAK 5. Besa Gaxheri, Member - LDK 11. Slađan Ilić, Member - SLKM 6. Lutfi Zharku, Member - LDK 12. Teuta Sahatqija, Member - ORA 7. Naxhije Doçi, Member - LDK 8. Gani Koci, Member - PDK 7. Committee on Agriculture, Forestry, Rural Development and Environment and Spatial 9. Demir Lima, Member - PDK Planning (12 Members) 10. Mazllom Kumnova, Member - AAK 1. Rifat Krasniç, Chairperson - KDTP, 6+ 11. Rifat Krasniç, Member – KDTP, 6+ 2. Lulzim Zeneli, First Vice-Chairperson - LDK 12. Nazim Jashari, Member - ORA 3. Goran Bogdanović, Second Vice-Chairperson-SLKM 4. Isuf Sutaj, Member - LDK 2. Committee on the Rights and Interests of Communities and Return (13 Members) 5. Shaban Halimi, Member - LDK 1. Ranđe Nojkić, Chairperson - SLKM 6. Zyhrije Maloku, Member - LDK 2. Sanije Aliaj, First Vice-Chairperson - LDK 7. Fetah Berisha, Member - LDK 3. Mahir Yağcilar, Second Vice-Chairperson – KDTP, 6+ 8. Berat Luzha, Member - PDK 4. Nait Hasani, Member- PDK 9. Afrim Arzualxhiu, Member - PDK 5. Slaviša Petković, Member - GIS 10. Xhelal Canziba, Member - PDK 6. Nuran Malta, Member - KDTP 11. Sylejman Qerkezi, Member – PD 7. Džezair Murati, Member - Koalicija Vakat, 6+ 12. Nazim Jashari, Member - ORA 8. Numan Balić, Member - SDA 9. Sabit Rrahmani, Member - PDAK 8. Committee on Health, Labour and Social Welfare (12 Members) 10. Xhevdet Neziraj, Member - IRDK 1. Fatmire Mulhaxha-Kollqaku, Chairperson - ORA 11. Bislim Hoti, Member - IRDK 2. Naim Jerliu, First Vice-Chairperson - LDK 12. Zylfi Merxha, Member - PRBK 3. Špresa Murati, Second Vice-Chairperson – KDTP, 6+ 13. Ibishi Rustem, Member - GIG 4. Ilaz Pireva, Member - LDK 5. Nurishahe Hulaj, Member - LDK 3. Committee on Legal Matters, Legislation and Constitutional Framework with Sub- 6. Nafije Berisha, Member - LDK Committees on Gender Equality, Petititons and Public Appelsand Missing Persons (12 Members) 7. Fehmi Vula, Member - LDK 1. Hydajet Hyseni, Chairperson - PDK 8. Flora Brovina, Member - PDK 2. Kolë Berisha, First Vice-Chairperson - LDK 9. Teuta Hadri, Member - PDK 3. Špresa Murati, Second Vice-Chairperson - KDTP, 6+ 10. Zahrije Jusufi, Member - PDK 4. Ymer Muhaxheri, Member - LDK 11. Zylfije Hundozi, Member - AAK 5. Sadudin Berisha, Member - LDK 12. Zlatica Kujunđić, Member – SLKM-GIS 6. Ramadan Kelmendi, Member - LDK 7. Lumnije Hyseni, Member - LDK 9. Committee on Public Services , Local Administration and Media (12 Members) 8. Nerxhivane Dauti, Member - PDK 1. Nekibe Kelmendi, Chairpersone - LDK 9. Hajredin Kuçi, Member - PDK 2. Fehmi Mujota, First Vice-Chairperson - PDK 10. Gjylnaze Syla, Member - AAK 3. Oliver Ivanović, Second Vice-Chairperson - SLKM 11. Dragiša Krstović, Member - SLKM 4. Ramadan Musliu, Member - LDK 12. Veton Surroi, Member - ORA 5. Nexhat Rexha, Member - LDK 6. Kamber Kamberi, Member - LDK 4. Committee on International Co-operation and EU Integrations (12 Members) 7. Jonuz Kastrati, Member - LDK 1. Sabri Hamiti, Chairperson - LDK 8. Hajredin Hyseni, Member - PDK 2. Bajram Rexhepi, First Vice-Chairperson - PDK 9. Selvije Halimi, Member - PDK 3. Mahir Yagcilar, Second Vice-Chairperson - KDTP, 6+ 10. Ymer Halimi, Member - AAK 4. Fatmir Sejdiu, Member - LDK 11. Špresa Murati, Member -KDTP 6+ 5. Ilmi Ahmeti, Member - LDK 12. Ylber Hysa, Member - ORA 6. Rudina Bukoshi, Member - LDK 7. Alush Gashi, Member - LDK 10. Committee on Preparedness and Emergency (12 Members) 8. Jakup Krasniqi, Member - PDK 1. Naim Maloku, Chairperson - AAK 9. Xhavit Haliti, Member - PDK 2. Ylber Hysa, First Vice-Chairperson - ORA 10. Emrush Xhemaili, Member - LPK - AAK 3. Džezair Murati, Second Vice-Chairperson - Koalicija Vakat, 6+ 11. Slaviša Petković, Member – GIS 4. Agim Krasniqi, Member - LDK 12. Veton Surroi, Member - ORA 5. Fadil Geci, Member - LDK 6. Samije Zeqiraj, Member - LDK 5. Committee on Education, Science, Technology, Culture, Youth and Sports (12 Members) 7. Fadil Kryeziu, Member - LDK 1. Enver Hoxhaj, Chairperson - PDK 8. Qibrije Hoxha, Member - LDK 2. Nimon Alimusaj, First Vice-Chairperson - LDK 9. Sokol Bashota, Member - PDK 3. Gojko Savic, Second Vice-Chairperson - SLKM 10. Emin Krasniqi, Member - PDK 4. Remzije Nimani, Member - LDK 11. Arsim Bajrami, Member - PDK 5. Gjylshen Berisha, Member - LDK 12. Vesna Jovanović, Member - SLKM 6. Ragip Zekolli, Member - LDK 7. Mark Krasniqi, Member - PSHDK- LDK 11. Committee on Rules of Procedure of AoK (12 Members) 8. Drita Statovci, Member - PDK 1. Hajredin Kuçi, Chairperson-PDK 9. Sala Ahmetaj, Member - PDK 2. Bislim Hoti,First Vice-Chairperson - IRDK- AAK 10. Myrvete Dreshaj, Member - AAK 3. ______Second Vice-Chairperson - SLKM 11. Nuran Malta, Member - KDTP, 6+ 4. Kolë Berisha, Member - LDK 12. Genc Gorani, Member - ORA 5. Nekibe Kelmendi, Member - LDK 6. Fatmir Sejdiu, Member - LDK 6. Committee on Economy, Trade, Industry, Energy, Transport and Telecomunications (12 Members) 7. Ramadan Kelmendi, Member - LDK 1. Fatmir Rexhepi, Chairperson - LDK 8. Naim Jerliu, Member - LDK 2. Bajrush Xhemaili, First Vice-Chairperson - PDK 9. Gani Koci, Member - PDK 3. Mahir Yagcilar, Second Vice-Chairperson - KDTP, 6+ 10. Hydajet Hyseni, Member - PDK 4. Ibush Jonuzi, Member - LDK 11. Mahir Yağcilar, Member – KDTP, 6+ 5. Brikenda Kryeziu, Member - LDK 12. Nazim Jashari, Member - ORA