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I. Diplomacy's Winding Course 2012
2012 - A Make or Break Year for Serbia and Kosovo? By Dr. Matthew Rhodes and Dr. Valbona Zeneli nstead of the hoped for turn to normalization, 2011 NATO and EU member states except Cyprus, Greece, Isaw escalated tensions over Kosovo. Agreement Romania, Slovakia, and Spain. on Kosovo’s participation in regional fora and Serbia’s formal advance to Serbia’s challenge before EU candidacy in early 2012 the International Court of have revived a cautious “The very active first three Justice (ICJ) marked the centerpiece of its strategy sense of optimism, but months of 2012 have restored unresolved underlying issues against Kosovo’s move. and approaching political a sense of calm regarding Winning support within the United Nations General contests leave the prospects Serbia and Kosovo. Intensified for further progress uncertain. Assembly in October 2008 Warnings of precipices and European and American for consideration of the case powder kegs are overdone represented a significant in the Balkans, but 2012 is diplomacy together with success for Serbian diplomacy. shaping up as a potentially leaders’ attention to larger However, the Court’s July decisive year for international 2010 decision that Kosovo’s policy in the region. goals prevented 2011’s act had not violated international law effectively skirmishes over border Despite the Euro-Atlantic closed off this challenge. community’s current internal posts and barricades from Potentially positively for both challenges, integration into sides, however, the case’s that community’s formal escalating into something conclusion opened the way structures remains the best worse. As welcome as that for direct talks on technical path for Balkan security issues between Belgrade and and development. -
Kosovo Political Economy Analysis Final Report
KOSOVO POLITICAL ECONOMY ANALYSIS FINAL REPORT DECEMBER 26, 2017 This publication was produced for review by the United States Agency for International Development. It was prepared by Management Systems International, A Tetra Tech Company. KOSOVO POLITICAL ECONOMY ANALYSIS FINAL REPORT December 26, 2017 IDIQ No. AID-167-I-17-00002 Award No: AID-167-TO-17-00009 Prepared by Management Systems International (MSI), A Tetra Tech Company 200 12th St South, Suite 1200 Arlington, VA, USA 22202 DISCLAIMER This report is made possible by the support of the American people through the United States Agency for International Development (USAID). The contents are the sole responsibility of the Management Systems International and do not necessarily reflect the views of USAID or the United States Government. CONTENTS Acronyms ...................................................................................................................................... ii Executive Summary .................................................................................................................... iii I. Introduction ............................................................................................................................... 6 II. Methodology ............................................................................................................................. 7 A. Foundational Factors ........................................................................................................................................... 7 B. Rules -
S/2019/797 Security Council
United Nations S/2019/797 Security Council Distr.: General 4 October 2019 Original: English United Nations Interim Administration Mission in Kosovo Report of the Secretary-General I. Introduction and Mission priorities 1. The present report is submitted pursuant to Security Council resolution 1244 (1999), by which the Council established the United Nations Interim Administration Mission in Kosovo (UNMIK) and requested me to report at regular intervals on the implementation of its mandate. The report covers the activities of UNMIK, and developments related thereto, from 16 May to 15 September 2019. 2. The priorities of the Mission remain to promote security, stability and respect for human rights in Kosovo and in the region. In furtherance of its goals, UNMIK continues its constructive engagement with Pristina and Belgrade, all communities in Kosovo and regional and international actors. The Organization for Security and Cooperation in Europe (OSCE) and the Kosovo Force continue to perform their roles within the framework of Security Council resolution 1244 (1999). The European Union Rule of Law Mission in Kosovo (EULEX) continues its presence in Kosovo, in line with the statement by the President of the Security Council of 26 November 2008 (S/PRST/2008/44) and my report of 24 November 2008 (S/2008/692). The United Nations agencies, funds and programmes work closely with the Mission. II. Key political and security developments 3. The reporting period was marked by the resignation of the Prime Minister of Kosovo, Ramush Haradinaj, on 19 July. The Prime Minister cited as a major reason his invitation to be interviewed by the Specialist Chambers and the Specialist Prosecutor’s Office, and clarified that he would continue to perform his functions pending the formation of a new government. -
Coercive Diplomacy of NATO in Kosovo
Coercive Diplomacy of NATO in Kosovo Coercive Diplomacy of NATO in Kosovo By Enver Bytyçi Coercive Diplomacy of NATO in Kosovo By Enver Bytyçi Editor: Dr. Arian Starova Reviewers: Prof. Dr. Beqir Meta - Academic Prof. Dr. Jusuf Bajraktari – Academic Prof. Dr. Muharrem Dezhgiu – Historian Prof. Dr. Hamit Kaba – Historian Proof reader: Lloyd Barton Translated from Albanian into English: Iris Gjymshana This book first published 2015 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2015 by Enver Bytyçi All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-4438-7272-5 ISBN (13): 978-1-4438-7272-0 TABLE OF CONTENTS Introduction ................................................................................................. 1 Chapter I ...................................................................................................... 3 Kosovo Crisis: A Historical Overview 1. The roots of the Serbian-Albanian conflict 2. Kosovo after Albania’s declaration of independence 3. Exploiting freedom in autonomy 4. Removal of autonomy in 1989 5. Construction and operation of self-governing institutions Chapter II ................................................................................................... 33 International Law and the Legitimacy of NATO Intervention in Kosovo 1. The historical development of international law 2. The development of human rights 3. The right to self-determination and the right to state sovereignty Chapter III ................................................................................................. 71 NATO and the Diplomacy to Avoid War 1. Military intervention as part of conflict prevention 2. -
BTI 2010 | Kosovo Country Report
BTI 2010 | Kosovo Country Report Status Index 1-10 6.48 # 38 of 128 Democracy 1-10 6.95 # 40 of 128 Market Economy 1-10 6.00 # 56 of 128 Management Index 1-10 5.33 # 59 of 128 scale: 1 (lowest) to 10 (highest) score rank trend This report is part of the Transformation Index (BTI) 2010. The BTI is a global ranking of transition processes in which the state of democracy and market economic systems as well as the quality of political management in 128 transformation and developing countries are evaluated. The BTI is a joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (C•A•P) at Munich University. More on the BTI at http://www.bertelsmann-transformation-index.de/ Please cite as follows: Bertelsmann Stiftung, BTI 2010 — Kosovo Country Report. Gütersloh: Bertelsmann Stiftung, 2009. © 2009 Bertelsmann Stiftung, Gütersloh BTI 2010 | Kosovo 2 Key Indicators Population mn. 2,42 HDI - GDP p.c. $ 1464 Pop. growth % p.a. 1,5 HDI rank of 182 - Gini Index - Life expectancy years 69 UN Education Index - Poverty2 % - Urban population % 37 Gender equality1 - Aid per capita $ - Sources: United Nations Statistics Division| The World Bank, Siteresources| Statistical Office of Kosovo. Footnotes: (1) Gender Empowerment Measure (GEM). (2) Percentage of population living on less than $2 a day. Executive Summary The period covered in this report (2007 – 2009) was heavily dominated by the agenda of the final status of Kosovo and with managing overall political and security stability in the country. Most of 2007 was spent on international management on finding modalities to push for Kosovo’s independence. -
The Impact of the Electoral System on the Party System-The Case of Kosovo
EUROPOLITY, vol. 13, no. 1, 2019 THE IMPACT OF THE ELECTORAL SYSTEM ON THE PARTY SYSTEM-THE CASE OF KOSOVO Valon Krasniqi, PhD South East European University Pristina/Kosovo [email protected] Abstract This paper analyses the impact of the electoral system on the party system and political stability in Kosovo. Because of the particular socio-political circumstances in Kosovo, and the post war situation, the transition and the process of democratic institution building was slow and conditioned by the rules of an international administration. After the independence of Kosovo (2008) the United Nation Mission in Kosovo (UNMIK) heritage continues to have an impact on the political system of Kosovo. The party system continues to be unstable, both in the ideological sense and in the formation of post-election governments. The Proportional Representation (PR) electoral system with a single, multi-member electoral constituency and reserved seats (20) for minorities in parliament makes impossible to have a stable majority in Kosovo. The main hypothesis of the paper is: The Proportional Representation (PR) electoral systems in Kosovo, for the period of analysis between 2001 and 2017 has a direct impact on the party system, to have an unstable multiparty system. The article uses techniques of qualitative methodology to explore the consequences of the electoral system on the party system in Kosovo, before and after its independence. The conclusions argue that that Kosovo has an unstable party system that negatively impacts on the country's governance system. Based on the findings, the article argues that there is a need for specific changes in Kosovo’s electoral system in order to have a stable political party system, which will result also in a stable government. -
Kosovo - an Atypical Parliamentary Republic Prof
Kosovo - An Atypical Parliamentary Republic Prof. Ass. Dr Murat Jashari, PhD Faculty of Law, Prishtina University, Kosovo Behar Selimi, PhD Candidate Faculty of Law, Business and Technology University, Prishtina, Kosovo Abstract The topic of this comparative study is the republican character of the system of governance in Kosovo. In the public discourse and political communication, as well as in academic discourse Kosovo is considered a Parliamentary Republic, based on the principle “of the separation of powers and checks and balances between them.” Although the constitutional definition of the relationship between the executive and legislative favors parliamentary republicanism, the constitutional powers of the president, the government and especially the constitutional and political power of the prime minister, significantly weaken the parliamentary character, in favor of a semi-presidential system. However, neither the current theories of government, nor constitutional provisions can rank Kosovo among semi-presidential systems, or pure parliamentary systems. Comparisons of competence powers relations in Kosovo, with similar relations and competences of the countries of the region and beyond, testify to the specific nature of parliamentary democracy in Kosovo. It is precisely the comparison of the Kosovo constitutional-legal system of governance with similar systems and theoretical analysis of parliamentary models facing Kosovo model which will be the basis of support of the hypothesis that Kosovo is not a typical parliamentary republic. Keywords: Kosovo; parliament; republic; prime minister; government Introduction By constitutional definition Kosovo is “a democratic Republic based on the principle of separation of powers and checks and balances between them.”1 This definition defines only the basic forms of government, leaving its type explicitly undefined. -
Kosovo's Constitution of 2008 with Amendments Through 2016
PDF generated: 26 Aug 2021, 16:35 constituteproject.org Kosovo's Constitution of 2008 with Amendments through 2016 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:35 Table of contents Preamble . 7 Chapter I: Basic Provisions . 7 Article 1: Definition of State . 7 Article 2: Sovereignty . 7 Article 3: Equality Before the Law . 7 Article 4: Form of Government and Separation of Power . 8 Article 5: Languages . 8 Article 6: Symbols . 8 Article 7: Values . 8 Article 8: Secular State . 8 Article 9: Cultural and Religious Heritage . 9 Article 10: Economy . 9 Article 11: Currency . 9 Article 12: Local Government . 9 Article 13: Capital City . 9 Article 14: Citizenship . 9 Article 15: Citizens Living Abroad . 9 Article 16: Supremacy of the Constitution . 9 Article 17: International Agreements . 9 Article 18: Ratification of International Agreements . 10 Article 19: Applicability of International Law . 10 Article 20: Delegation of Sovereignty . 10 Chapter II: Fundamental Rights and Freedoms . 10 Article 21: General Principles . 10 Article 22: Direct Applicability of International Agreements and Instruments . 11 Article 23: Human Dignity . 11 Article 24: Equality Before the Law . 11 Article 25: Right to Life . 12 Article 26: Right to Personal Integrity . 12 Article 27: Prohibition of Torture, Cruel, Inhuman or Degrading Treatment . 12 Article 28: Prohibition of Slavery and Forced Labor . 12 Article 29: Right to Liberty and Security . 12 Article 30: Rights of the Accused . 13 Article 31: Right to Fair and Impartial Trial . -
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Strasbourg, 3 May 2018 CDL-REF(2018)017 Opinion No. 922 / 2018 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) KOSOVO LAW NO. 003/L-073 ON GENERAL ELECTIONS LAW NO.03/L –256 ON AMENDING AND SUPPLEMENTING THE LAW NO. 03/L-073 ON GENERAL ELECTIONS This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int Republika e Kosovës Republika Kosovo-Republic of Kosovo Kuvendi - Skupština - Assembly Law No. 03/L-073 ON GENERAL ELECTIONS IN THE REPUBLIC OF KOSOVO The Assembly of Republic of Kosovo, On the basis Article 65.1 of the Constitution of the Republic of Kosovo, And for the purpose of conducting free, fair and democratic elections for the Assembly of Kosovo with the aim of strengthening the democratic rule in Kosovo, Hereby adopts: THE LAW ON GENERAL ELECTIONS IN THE REPUBLIC OF KOSOVO CHAPTER I GENERAL PROVISIONS Article 1 Purpose of the Law The purpose of this law is to regulate: a) the electoral system for election of the Assembly of the Republic of Kosovo; b) the financing and holding of elections for the Assembly of the Republic of Kosovo; c) the recognition and the protection of the voting rights and the voter eligibility criteria; 1 d) maintenance of the list of voters; e) regulation of Political Parties and certification of Political Entities; f) responsibilities and functioning of the Central Election Commission; g) establishment and functioning of the ECAC; h) the organization and functioning of the election commissions and councils; i) rules for accreditation of election observers, as well as their rights and responsibilities; j) campaign spending limits and financial disclosure obligations; k) the coverage of electoral campaigns by the media; l) the code of conduct of political entities, their candidates and supporters; m) voting procedures, counting, and the announcement of results; n) the sanctions and fines imposed for violations of the provisions of this law. -
Interim Agreement for Peace and Self-Government in Kosovo
Peace Agreements Digital Collection Kosovo >> Interim Agreement for Peace and Self-Government in Kosovo Interim Agreement for Peace and Self-Government in Kosovo Rambouillet, France - February 23, 1999 Table of Contents Framework Article I: Principles Article II: Confidence-Building Measures Chapter 1: Constitution Article I: Principles of Democratic Self-Government in Kosovo Article II: The Assembly Article III: President of Kosovo Article IV: Government and Administrative Organs Article V: Judiciary Article VI: Human Rights and Fundamental Freedoms Article VII: National Communities Article VIII: Communes Article IX: Representation Article X: Amendment Article XI: Entry into Force Chapter 2: Police and Civil Public Security Article I: General Principles Article II: Communal Police Article III: Interim Police Academy Article IV: Criminal Justice Commission Article V: Police Operations in Kosovo Article VI: Security on International Borders Article VII: Arrest and Detention Article VIII: Administration of Justice Article IX: Final Authority to Interpret Chapter 3: Conduct and Supervision of Elections Article I: Conditions for Elections Article II: Role of the OSCE Article III: Central Election Commission Chapter 4: Economic Issues Article I Article II Chapter 4a: Humanitarian Assistance, Reconstruction and Economic Development Chapter 5: Implementation I Article I: Institutions Article II: Responsibilities and Powers Article III: Status of Implementation Mission Article IV: Process of Implementation Article V: Authority to Interpret Chapter -
Another High Stakes for Kosovo: Haradinaj's Government
Another High Stake for Kosovo: Haradinaj’s Government Challenging Agenda This publication is supported by: The Democratic Society Promotion (DSP) Project - Funded by the Swiss Cooperation Office in Kosovo (SCO-K) and the Ministry of Foreign Affairs of Denmark (DANIDA) and managed by the Kosovar Civil Society Foundation (KCSF). The content of this publication is the responsibility of the Balkans Policy Research Group (BPRG) and does not represent SCO-K’s, DANIDA’s or KCSF’s position. and Royal Norwegian Embassy. Disclaimer: The views and analyses in this policy article are solely of the Balkans Group and do not reflect the views of the donors. Author: Balkans Policy Research Group (BPRG) Another High Stake for Kosovo: Haradinaj’s Government Challenging Agenda “The government of Ramush Haradinaj inherits a large and very challenging agenda. The mood and the context are not very favorable. The list of tasks presents the priorities that do matter for the citizens, institutions, international partners and Kosovo’s European agenda” Three months after the June 11 elections, Kosovo elected the government on 9 September. The vote of the PDK-AAK-NISMA winning coalition-led government was made possible only with support of the New Kosovo Alliance (AKR) of Behgjet Pacolli, and of all 20-minority seats representing Serbs, Bosnians, Turks and RAE. Vetëvendosje (Self-Determination) movement with 32 and LDK with 25 seats, in a protest boycotted the voting of the government. Sixty-one out of 120 members of the assembly voted the cabinet of Ramush Haradinaj. With a slim majority, against a very strong opposition, Haradinaj’s government may live long only if it performs well. -
Kosovo's Constitutional Court Review and Snap Elections: Legal Analysis, and Scenarios Summary
18 January 2021 KOSOVO’S CONSTITUTIONAL COURT REVIEW AND SNAP ELECTIONS: LEGAL ANALYSIS, AND SCENARIOS SUMMARY In late 2020, the Constitutional Court of Kosovo found that the election of the government of Prime Minister Avdullah Hoti, six months after it was elected, did not receive a majority following the invalidity of one of the 61 votes in the 120-seat Assembly of Kosovo. The vote in question was cast by Member of Parliament (MP) Etem Arifi who had been found guilty on a fraud charge prior to the elections. The Constitutional Court ruling published on 6 January 2021 forced early elections to be held within 40 days —the Acting President set the date for the elections on 14 February 2021. Yet, the Hoti government was in a crisis even before the Court’s ruling with severe disagreements between coalition partners and a lack of a working majority in the Assembly. The LDK-led coalition with AAK and NISMA (and ethnic minorities) was unlikely to secure votes for the election of the President. Just before its dissolution, the Assembly managed to pass the 2021 Budget. Currently, Kosovo is in an institutional vacuum, with an Acting President (also Chair of the Assembly), a dissolved Assembly and a caretaker government. The Acting President, Vjosa Osmani will run for elections and has announced the formation of a new political initiative which presents a legal challenge to the position of “representing the unity of people”. If elected, the Presidency would be vacant, and an institutional void would prevail until the Assembly elects the new Chair.