ASI newsletter

May 2004, No 11

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osce Mission in Kosovo 2 ASI newsletter

Editorial

The reasons leading to the collapse of society are diverse and complex. Kosovo is still struggling with many problems and there are enough reasons for people to be unhappy. Jobs are scarce and the economy is not growing fast enough to support a young population. Policy disagreements between UNMIK and the Kosovo Institutions have weakened the credibility of all governing institutions and, in turn, created the impression that Kosovo is going nowhere and cannot off er any future to its young people. The violent explosion in March revealed a deeply troubled society, lacking strong institutions and a culture not able to absorb shocks, accommodate its traumatized youth and Rolling Back the Collapse contain its violent, criminal minority. Then, there is the ever-present question of Kosovo’s fi nal status. On Tuesday 16 March, Prishtinë/Priština saw its fi rst “parlia- mentary evening.” Assembly Members, Ministers, political The continuing uncertainty is far from helpful in bringing about advisors, as well as representatives of the international com- stability. While the international community has developed its munity and civil society gathered in a cordial atmosphere. The major policy on “Standards before Status”, the Kosovo leaders much welcomed initiative was designed as a forum for informal are requesting more competencies as tools to address the grow- political discussions, prior to next day’s Assembly plenary ses- ing social, economic or institutional concerns, and in doing so, sion. However, simultaneously one of the worst crises since 1999 to meet the Standards. dramatically unfolded. Following the March crisis, the SRSG off ered a greater partner- That day, Kosovo Serb residents of the village of Caglavica ship between Kosovo’s institutions and the international com- blocked the main highway to Skopje in protest against an earlier munity. The Standards Implementation Plan outlines in detail drive-by shooting which wounded a local resident. The same the road ahead: the objectives, everyone’s obligations, time-line evening, in the northern village of Cabra three Kosovo-Albanian and evaluation. This plan off ers tools for Kosovo’s leaders to boys drowned in the Ibar river. These two separate incidents address the growing social, economic and institutional concerns. ignited three days of rioting. The violence spread throughout Unfortunately, Kosovo Serb politicians have declined to partici- Kosovo, directed mainly against Kosovo Serbs, but also against pate in the vital policy processes, even if it directly aff ected their other communities and UNMIK targets. communities. The international community and Kosovo’s politicians were sur- To prevent a future, more wide-scale collapse, Kosovo’s institu- prised by the outburst and scale of violence. On the evening of tions need to be strengthened and a perspective for the youth 17 March Kosovo’s senior leaders met with the SRSG and the developed. As part of this eff ort – although already prepared Quint countries and appealed for the violence to stop, stress- in advance - the Prime Minister started to open new Offi ces on ing that all issues were to be addressed through the institutions. ma ers of reserved powers on which intensive policy consul- Initially some of the central-level politicians referred to the pro- tations between UNMIK and OPM will start. OSCE and the tests to illustrate their long-standing grievances towards the partner organizations in the “Assembly Support Initiative” have international community. Various Assembly Members and Min- conducted several rounds of consultations with the Assembly isters engaged in trying to stop the violence by reaching out to leadership and individual Members to reassess their work and municipalities, party branches, party activists and local media. deepen the partnership with the institution. The Assembly itself As key interlocutors of the international community expressed established an inquiry commission into the March crisis. Minis- dissatisfaction with the perceived weak response and lack of tries and the public administration will have to focus more on leadership by some of Kosovo’s leading politicians during and implementing adopted legislation, thus ensuring rule of law. immediately a er the crisis, Assembly President Daci gave a remarkable opening address at the Assembly plenary session “Rolling back the Collapse” means repairing the damage of the on 25 March, strongly condemning all violence, in particular the March crisis and developing new mechanisms to strengthen the violence against Serb and Ashkali citizens, against Serb houses political authority and inclusive functioning of Kosovo’s institu- and Orthodox churches. He expressed support for the govern- tions. It will require monitoring, capacity building and taking ment’s initiative to create a fund to repair the damage. Kosovo- policy responsibility. Serb politicians during the crisis disappeared from the screen to the advantage of Belgrade offi cials. Various analytical reports have described how certain parts of the international and secu- Franklin De Vrieze, rity apparatus in Kosovo couldn’t manage the situation. Co-ordinator Assembly Support Initiative. ASI newsletter 3 We have to find the truth and only the truth Following the first real social crisis seen in Kosovo since the beginnings of the Provisional Institutions of Self-Government, the Assembly of Kosovo established the Investigation Committee into the March crisis. Prof. Alush Gashi, a Member of this Committee, sat down with ASI to discuss the pioneering work of this committee. By Uli Steinle, OSCE

Prof. Gashi, what is the scope which we are planning to pro- port add to analyses which al- for the work of the Investigation pose to the Assembly as amend- ready exist? Committ ee? ments to the current Rules of It’s a parliamentary investigation In the fi rst session of the Assem- Procedure for future Investiga- and not a report focused to the bly a er the terrible events that tion Commi ees. outside. It has got to be a report unexpectedly took place in Ko- The institution of an investiga- of elected people and not of sovo, the Assembly discussed tive committ ee is new to the As- hired researchers or of individu- the idea of establishing an ad sembly of Kosovo. What do you als with a philosophy of denial, hoc Investigation Commi ee think will be the biggest chal- who point their fi ngers to the and subsequently approved it lenge the Committ ee will face? other side to ask for excuses. on April 9. Following the wri en I do not believe this is duplica- decision of the plenary session it Since this is the fi rst time that a parliamentary investigation is tion of investigation. The par- is our mandate to investigate the liament will look into the issue reasons and consequences of the taking place, we have to make sure and demonstrate that our much wider than the actual events of March 17/18. Therefore physical destruction, which took the main focus will be on the intended activity is to fi nd out the truth and just the truth. We place. actual events, but we will also Alush Gashi spend a fair amount of time ana- also have to make sure that in Will the Committ ee also invite lyzing the causes and the con- no way this is a police investi- representatives from the Interna- which is their duty. Our mandate sequences. In our work plan we gation. This is a parliamentary tional Community, e.g. CIVPOL, has started with a parliamentary are envisaging interviews with investigation. We will off er our UNMIK and KFOR to testify? decision and we will fi nish with the PISG, with high ranking recommendations to the plenary We will kindly ask them for the the decision of the parliament, internationals in Kosovo as well session. opportunity to share with us which is acceptance or rejection of the report. as with leaders of communities, How do you feel supported by their opinions. Conditions on individual citizens and the civil the Assembly Secretariat and by which that could be done are Your Committ ee is doing pio- society. other Assembly Members? negotiable. neering work, as it is the fi rst Now that the Committ ee is esta- Due to the current diffi culties in With KP members still boycot- investigative Committ ee of the blished, what are your next acti- the Assembly, rooms and insuf- ting the work of the Assembly, Assembly. Do you see it as a vities? fi cient number of staff members, how will you ensure that the model and do you hope that it will become an institution In the fi rst phase we collected all the Secretariat and Presidency of viewpoint of the Serbian com- within the Assembly? the reports as well as research the Assembly did its best by pro- munity is given a voice in the done on the events which are of viding us with one legal advi- committ ee? In the Commi ee it’s a consen- sus to do our best in establish- concern for the PISG and Kosovo sor and a technical staff . And They are part of Kosovo insti- ing good procedures as well as citizens, such as lack of extension of course there is a diffi culty of tutions and we expect them to a culture of cooperation during of UNMIK sovereignty through- daily work because of lack of behave responsibly. We will visit investigation and if this is going out Kosovo territory and the rooms, but that is reality for all Serbian communities and other to contribute to be a model for existence of unacceptable paral- Kosovo PISG. minorities throughout Kosovo future commi ees, we will be lel structures in Kosovo. Since and hear their opinions. How long do you think the work honored. this is the fi rst parliamentary of the Committ ee will take until Investigation Commi ee we had Do you think that the report of it produces its fi nal report? the Committ ee will be accept- to consult with other European Members of the Investigative The scope of investigation is quite able to all political groups in the parliaments to examine their Committ ee: procedures for similar activities. wide and it needs to be accurate Assembly – including KP? We have used the good services and very viable without outside Our duty is to prepare a report Alush Gashi, LDK of the Assembly Support Initia- political infl uence. Therefore which is very reliable and sup- Nekibe Kelmendi, LDK tive (ASI) and expertise of the more time than the one month ported by documents for a ple- Hydajet Hyseni, PDK envisaged in the decision of the Netherlands Parliament, the nary session. It is then up to Gani Sadik, KDTP-OC Assembly is needed. Albanian Parliament and others the members of parliament to Zylfi je Hundozi, AAK to dra our rules of procedure, What could the Committ ee re- analyze, debate and to decide – 4 ASI newsletter “Let us work together”

On 9 April 2004 SRSG Harri Holkeri addressed the extra-ordinary session of the Assembly of Kosovo dedicated to the March crisis. Following is the text of his speech.

These are diffi cult days for group of people with their Kosovo. Three weeks ago, we own scheme for Kosovo. Their experienced events which were scheme is of a Kosovo in which terrible and shocking. Because they govern through violence of the violence, today we are not and intimidation, holding all joined by representatives of the the people of Kosovo hostage to Serbian community, when their their aims. rightful place should be here, They cannot be allowed to realize with us, discussing our common their scheme. Working together future. I am sorry for that. we will defeat them. Violence, In two days of brutal violence, whatever the motive, whoever 19 lives were taken, 730 homes the victim, must be condemned, were destroyed, 29 churches absolutely. Those who practice and monasteries - many of them it must be dealt with by the law; cherished as the cultural heritage those who encourage it must be of all humanity - were damaged isolated, totally. or destroyed, and over 4000 The true leaders of Kosovo people of Kosovo were driven know this. They have already from their homes. I extend my acted to show the victims of the sympathy for all those who violence that Kosovo’s decent were made to suff er in these and responsible people will terrible events, including the repair the physical damage done families of the poor children to homes and places of worship. drowned in Mitrovica. I extend Kosovo’s true leaders also know my condolences to the families that damage to Kosovo’s spirit of those who lost their lives in must be repaired as well. They this senseless violence. The are already reaching out with a people of Kosovo know the message of reconciliation and pain of violence from their own rebuilding of social harmony. bi er - and recent - experience. The violence of 1999 brought We in UNMIK, you here in the the International Community Assembly, political leaders and to help the people of Kosovo members of the government, SRSG Harri Holkeri recover from that tragedy. are in this together. There is violence of March. More will be economic opportunity that And now violence is repeated only one way forward for us to brought to trial for their crimes. all people of Kosovo rightly and it threatens to destroy the learn and move forward from demand. I pledge that I will investment of Kosovo’s people this disaster, and that is by We must learn from what continue to move the priva- and their international friends working together. We all have happened. A review body will tization process forward as the - just fi ve years later. responsibilities we must carry. be appointed, under indepen- way to meet this demand. I will dent leadership, to examine I have visited the places des- UNMIK knows its role. We will do so in cooperation with the UNMIK’s response to the vio- troyed, talked to the victims, and identify and bring to justice Kosovo Government. lence. We will implement what talked to the people of Kosovo. those who used violence. Police it recommends. The way forward from here I know that this violence was investigations have already re- may be hard, but it is clear. Five not the work of a whole society. sulted in criminal cases against UNMIK accepts also its res- months ago, the future path for It was the work of a small many of the perpetrators of the ponsibilities for creating the Kosovo was mapped out. The ASI newsletter 5 announcement of a review date for consideration of Kosovo’s status made clear, as never before, the way forward, a route endorsed by Kosovo’s leaders, the Security Council, the EU and all of Kosovo’s friends and supporters. In December, the Prime Minister and I, joined by many of Kosovo’s political leaders, set out the vision of the future in the “Standards for Kosovo”. That vision is simply explained. The standards describe a democratic society with the rule of law protecting all citizens; respect for Kosovo’s rich cultural and ethnic diversity; stability and prosperity off ering a decent life for all. It is a vision, once fulfi lled, that will lead Kosovo into a bright future in Europe and the world community. Last week, Prime Minister Re- xhepi joined me to launch the SRSG Holkeri, President Rugova, Prime Minister Rexhepi and Members of the Assembly Implementation Plan for the Standards. This sets out in clear future, against Kosovo’s people. Kosovo’s future place in Europe no future for anyone, for any terms the steps we have to take And they must be rejected. The and the world. community within a divided to achieve the vision. The plan heroes Kosovo needs today are Kosovo. But, we must prove our That place will be defi ned by will be hard work but it can people willing to build a new vision is the right one by creating how we achieve the standards. be done. I know that Kosovo’s society with a future in Europe. positive facts. The positive facts Progress will ensure a secure true leaders are as determined we must create are well defi ned. Kosovo’s people will have the and stable Kosovo, its people as I am that we should move These positive facts are the opportunity to support them at peace with themselves, a Ko- forward to achieve the vision “Standards for Kosovo.” when they elect a new Kosovo sovo in a stable relationship for Kosovo that its people want. Assembly on 23 October this with its neighbours. But if there The path ahead will not be easy. Not all of Kosovo’s elected lea- year. This will be a signal that is no progress, the uncertainty Almost everyone in Kosovo ders understand and support Kosovo’s friends will welcome will continue, off ering only a knows the pain of violence. Too that vision. Some are promoting and applaud. dismal future for all of Kosovo’s many still know the hardship of poverty. Working together intolerance and sometimes even I am happy to say that Kosovo people. applauding those who used in partnership is our only way still has many friends. The visits There are voices that say it is violence. to address that real pain and we received a er the violence of impossible for Kosovo’s com- hardship. Some even call these criminals March from the NATO Secretary munities to live together in heroes. Some of them may General, from European Union peace. They point to the violence My message to you, my message indeed have joined the resistance leaders, from the United States of March and many other acts to all Kosovo is to continue against a repressive and brutal showed us all that they want of violence directed against one working toward this vision. regime before 1999. But there is to help us achieve the vision of or another community. They I am your partner. With the a world of diff erence between the “Standards for Kosovo”. Mr. demand division; they think International Community at my fi ghting oppression and a a- Grossman’s announcement of a that a Kosovo divided within side, I reach out my hand to you cking innocents. We must all “Support Group for Kosovo” itself is the only way forward. so that we can build together understand that these people will help us move toward that the Kosovo you want and need. It is a path of despair. There is are working against Kosovo’s day when we begin to consider Let us work together. 6 ASI newsletter Kosovo parties and leaders on and during the March violence

SRSG Holkeri, Kosovo Leaders, KFOR and Quint Countries on a televised address on March 17

As the security situation in Ko- expressed regret over the tragic is never a reason to a ack or in- the best interests of all people sovo dramatically worsened deaths of the three children in timidate one’s own neighbors. in Kosovo that order prevails and especially the Serbian and Cabra, which came about due Such actions are intolerable. and that people return to their some Roma communities came to ethnic-based hatred. All They are a disgrace to us all. To families and their homes.” under a ack from Albanians, the events beginning with the those on the streets or on the LDK Press Communiqué on all eyes were focused on the grenade a ack on President roadblocks, and others taking 17 March: “The LDK expresses response of the Kosovo leaders Rugova’s house through to the part in the demonstrations, distress and concern with the and institutions to the tragic we say: “Go home now”. The drowning of the children and situation created in Mitrovica developments. Below is a police and KFOR will look clashes of 17 March the PM and other parts of Kosovo. LDK short summary of the most a er the security in Kosovo labelled as a ‘cycle of violence’ asks from the bodies responsible interesting statements by Ko- and they must be allowed to and called on all the responsible for law and order (KFOR and the sovo politicians. The text also do their work. Today’s events authorities to do their outmost UN Police) to demonstrate an includes statements by the ma- and those of the last days will to shed light on the background adequate level of responsibility jor international actors involved be investigated, and those of the events. and apply needed measures to in the politics of Kosovo which responsible for deaths and acts prevent further escalation of may help a be er understanding SRSG Harri Holkeri, the Rep- of violence will be prosecuted. this situation. LDK makes an of the way the decision-makers resentatives of the QUINT We have come a long way to appeal to all citizens of Kosovo handled the crisis. States in Kosovo, and Kosovo build a society for all commu- to keep cool and contribute their (Albanian) Leaders on 17 nities and ethnic groups in The Government met on 17 outmost to the normalization March: Kosovo. We cannot allow March for an extraordinary of the situation. LDK also “The previous 48 hours have all that hard work and good session commi ed to the vio- expresses condolences to been terrible and shocking for will to be destroyed in a few lence across Kosovo. The Gov- the families of the children the people of Kosovo. We have hours. It is time for everyone ernment asked SRSG Holkeri to drowned in Ibar River and the the fu-llest sympathy with the to assume responsibility for organise a meeting between all families of those who died in families of those who have themselves and work for a relevant actors (KFOR, UNMIK, the violence.” PISG). Prime Minister Bajram died or sustained injuries. But peaceful society for all. The Rexhepi appealed to the citizens the violence must stop and it press must act responsibly and PDK Press Communiqué on to remain calm despite all the must stop immediately. There not add to the tension with 17 March: “The organized emotions around the previous is no excuse for any a acks or unfounded statements and violence of parallel structures ineffi ciency. The Government other acts of retribution. There incendiary reporting. It is in led by Serbia and its policy ASI newsletter 7 took macabre dimensions by its deepest condolences to the KFOR. This is a citizens’ revolt restored only if the requests of killing three children in the Ibar families of the killed persons and against the status quo and the the Kosovo people are met. He River… Intolerance has reached wishes a fast recovery to those existing situation will have criticized PM Rexhepi saying its climax and indignation injured. Although the TMK is consequences on the processes that he is not engaged on so- expressed by Kosovo citizens is aware that it is exceeding its and on what we have achieved lving issues with priority but legitimate… Serbs are misusing competencies, for the purpose in Kosovo.” rather on dealing with pseudo- of calming the situation down, dialogues, which should in fact the good will of Kosovo UNMIK’s Spokesman Derek the TMK HQ calls upon Kosovo start only a er the cessation Albanians to create a society Chapell said on 17 March: “The citizens to preserve self-control of Serbia’s aggression against equal for all. The events that situation in Kosovo is chaotic… and cold-bloodedness in this Kosovo and a er recognition took place two nights ago and There has been violence here extraordinary situation. People’s of an independent state of Ko- those of yesterday prove this. before, but this time we are lives are the most valuable thing sovo. It is not true that the Serbs are talking about coordinated ac- not able to integrate but they do to us, therefore, we should tions. Violence has begun in se- COMKFOR Holger Kammer- not want to integrate into the give our best to protect our veral regions simultaneously, hoff announced on March 18 Kosovo society. Even fi ve years citizens and avoid any further which points to the conclusion that NATO has ordered dep- a er the end of the war, they escalation. We understand the that it was pre-planned.” loyment of reserved forces to remain commi ed to violence citizens’ concerns, but we still Kosovo. “I have authorized against the Albanians. This ask them to give a chance to our Dr. Ibrahim Rugova, President KFOR Multi-National Brigades’ cannot be tolerated any longer. Kosovo’s local and international of Kosovo and President institutions to resolve the of the LDK, on 18 March commanders to use proportional The PDK is ready to follow a force to secure our soldiers and policy for building a society in problems of Mitrovica and called the citizens to return to other outstanding issues in an normal life and refrain from innocent people and restore the which all are equal before the freedom of movement for all in law.” institutional manner.” a acking KFOR and UNMIK. “Such protests ruin Kosovo’s Kosovo,” Kammerhoff said. Prof. Nexhat Daci, President AAK Press Communiqué on image, harm the process of of the Assembly of Kosovo, NATO Secretary-General Ja- March 17: “The AAK does not independence, and go in the stated on 17 March: “In the ap de Hoop Scheff er before accept the situation created interest of our enemies”. moment when the President is visiting Kosovo on 22 March: by the parallel structures and a acked and when children are People’s Movement of Kosovo “Nobody in Kosovo should criminal gangs. The AAK consi- being forced to jump into their (LPK) said in a press conference think, and that goes more ders the Serb parallel structures own death by means of pre- that the escalation of violence specifi cally for the majority in Kosovo as the main factor historic methods and when a on 17 March came as a result community in Kosovo, the that led to the situation created young Serb is being wounded, of armed a acks coming from Albanians, that by inciting in Kosovo… These structures what can we off er as citizens’ Mitrovica north and other violence they will bring their and criminal gangs have been institutions and what can we Serb enclaves. LPK chairman political ambitions closer… In- inciting illegal activities and ask of them.” (Emrush Xhemajli) said that deed, it will take much longer murders of Kosovo citizens. peace and order might be before they can realize that.” Tolerating parallel structures Hashim Thaqi, President of the and criminal gangs by UNMIK PDK, stated on 18 March that and KFOR is an erroneous “Kosovars and internationals policy, which has only worsened [together] did not wage a war and will further destabilize the for a Kosovo inhabited only situation in Kosovo. We ask with Albanians.” He called for from KFOR to close the border “peace, wisdom, maturity, and with Serbia in the northern part mutual respect, as well as for of Mitrovica so that entrance by respect to other ethnic groups.” Serb criminal gangs into Kosovo Mr. Thaqi referred to the fact that would be prevented. Despite it was the partnership with the the illegal activities of the Serb western world that, alongside residents from Gracanica and the civil resistance, brought Laplje Selo/Llaplaselle, we Kosovo liberty. He made an appeal to citizens to return home eff ort to appeal to the citizens and not make the situation even to understand and welcome the tenser.” international engage-ment in Kosovo, inc-luding UNMIK. TMK HQ Press Communiqué Ramush Haradinaj, President on 18 March: “The TMK HQ of the AAK, said on March 18: is much concerned with the “I think there is no violence situation in Mitrovica and towards security forces, i.e. Caglavica. The TMK expresses there is no violence against Civil Society demonstration against the riots 8 ASI newsletter How to reinstate trust

Zoran Ćulafić, Freelance journalist for B-92 Up to couple of months ago Coalition Return (KP), according to the evaluations of many analysts, was one of the most active Parliamentary Groups in the Assembly of Kosovo and it looked like the democratic processes were entering a completely new positive phase. However the wave of violence in March brought many questions about all that was built over the last fi ve years. Parliamentarians of KP today do not a end the work of the Assembly and it is a big question when they will again sit. Member of the Presidency of the Assembly Oliver Iva- nović deems that 17th March diminished almost all hitherto positive eff ects and that, in this case, the International Com- munity in Kosovo will have to invest more eff orts to reinstate Destroyed building in Lipjan/Lipljan on March 18 the deeply sha ered trust of mination of extremists they living here, and Albanians there were any, could not reach Serbs in Kosovo’s Institutions. would have a chance to plant and Serbs are of a diff erent the public,” believes Bogoljub “Today we should take a further European democratic standards mentality, more reconcilable, Milošević. He also had the step, because if investigation and values among people in not as agressive as in the other impression that, unfortunately, only reaches those that are Kosovo,” evaluates Ivanović. areas. Also, US KFOR took its the wider public in Serbia does responsible for the 17th of Representatives of KP emphasize responsibility very seriously not worry too much about the March and fails to encompass that there is still a certain hope in defending Serbs and their situation in Kosovo. the violence against the Serbs for some sort of joint life of property,” says Milošević. On the other hand, Nenad since 1999, it seems that we will Serbs and Albanians, and that One of the biggest problems Radosavljević, advisor to the not eliminate the cause that it exclusively depends on the for the Serb inhabitants during UN SRSG for return, emphasizes brought this latest violence,” way in which the International the unrests in March was the the fact that the March events said Ivanović. Community will sanction all lack of media communication achieved to get together all Serb He considers this as one of the those that are responsible for throughout Kosovo. Therefore politicians in Kosovo, even if main preconditions for the the March violence. in some isolated areas Serb a er a couple of days the signs creation of the environment Bogoljub Milošević, KP member politicians could not react in an of division among them was in which it will be possible to from Kamenica, says that on 17th adequate way. obvious. The basic motive for reinstate the trust of Serbs in the and 18th of March in Kamenica “In Mitrovica politicians were the division at this moment, International Community and and surrounding Serb villages organized be er and had be er according to Radosavljević, can Albanians in Kosovo. there was li le violence. access to information and media. be found in that individuals “Such an approach would also would like to gain the best “Here there were no killings In other places, especially in benefi t the Albanians, because position in future talks. or burning of houses, but there isolated enclaves, politicians this way they will release were a empts for all that to be were not capable at keeping “Some Serb politicians now do themselves of the nationalistic done. I think that the diff erence up with the situation and their everything trying to impose burden, which surely is not in is [in Kamenica] that there is reactions were less adequate. themselves in front of the their interest. Finally, it would some sort of multiethnic life. We in Kamenica literary were International Community as also benefi t the International There are still a lot of Serbs in the informational dark and key negotiators. Also for this Community, because with eli- reactions of the politicians, if purpose they are trying to ASI newsletter 9 gain the support of Belgrade, and Prishtina/Pristina itself,” evaluated Radosavljević, while not specifying the politicians he is thinking about. There were numerous critics for the work of the civil mission in Kosovo, especially a er March’s wave of violence. It seems as this is the point where Serbs and Albanians agree. “I think that UNMIK is de- fi nitely dead a er this. We were continuously reminded that the weakest spot of UNMIK is its passive behavior and uns- e ledness fearing the reactions of Albanian majority,” thinks Bogoljub Milošević. Adding to that, Nenad Radosavljević believes that within UNMIK there is a big personal indif- ference towards serious app- roach to resolve problems. On the other hand no Kosovar Institution deserves a positive Mitrovicë/Mitrovica on March 17 mark related to the March events. centrally and locally, are fully ing quite a lot to improve the here, then the whole politics up responsible for what happened situation and to say, it happened, to day should be thoroughly “Even in the case that these – if they are not direct abe ors, it will never happen again, reevaluated,” states Oliver institutions cannot be held at least for the fact of not doing but nobody believes them, Ivanović. responsible for the violence, anything to stop this violence. because we trusted them fully It is a question whether Albanian it is certain that they can be for fi ve years. I think that they Bogoljub Milošević believes that political leaders in this moment responsible for the creation of would like to minimize all that within the Albanian community, are prepared and able for such conditions that led to violence. happened. I had more meetings These institutions tolerated such and especially in the political confrontation, having in mind levels, there is a unique a itude with Albanians locally and that an atmosphere of interethnic is their classic story – while you that at the end of the year in hate, leading to a point where towards the Serbs which is one Kosovo there are going to be of the main barriers for the are there they all condemn the the situation could not be events, however when they fi nd elections and many fear that controlled. Unfortunately, cer- continuation of the democratic any politics diff erent from that processes in Kosovo. themselves surrounded with tain Kosovar Albanian leaders other Albanians, they remain will result with less number of did not even want to do anything Nenad Radosavljević agrees silent or try to defend or justify votes in these elections, says to control the situation,” said and remarks that the last co- the deeds of some bully who Nenad Radosavljević. uple of years in Kosovo the Radosavljević. killed, demolished and burned However if there is no energy minimum has been done in “I did not get the feeling that houses,” thinks Milošević. and a readiness in the circles of establishing dialog and trust any one sincerely condemned It would be a irreparable mis- the International Community among communities. all that happened in March. take if March events were for- for reinitiating democratic pro- Even now in the initial a empts In some parts of Kosovo there go en and hushed, without cess in highly decisive and for the reconstruction of the still is will for contacts among facing the full truth openly and serious manner, the chances houses, they are trying to the communities. Bogoljub Milo- courageous. Otherwise no one are slim for KP to return to prevent it in any possible way,” šević says that in Kamenica Al- in Kosovo could build a future the Assembly, but what is evaluates Milošević. banians are trying to set up a based on healthy values, agree more important – the process A er 17th of March there is a dialog with Serbs, but the gap of all or our speakers. of return and reinstatement strong belief among Serbs in distrust among the communities “A er 17th of March Kosovo of the trust among Serbs and Kosovo that the violence was is still wide. defi nitively is not the same as Albanians will be surely lost prepared and well organized “Kamenica is specifi c in this it was before and if we want for these generations, believes and that political leaders, both view. Now Albanians are try- to build a democratic society Oliver Ivanović. 10 ASI newsletter UNMIK and Kosovo Institutions, finding a way towards a partnership Ilir Deda, Office of the Prime Minister Partnership. A concept that has ing the establishing of funda- been widely used from the end mentally equal relations between of last year, reintroduced by the Kosovans and UNMIK. The SRSG Holkeri and requested Constitutional Framework in by Kosovo’s Institutions for essence puts the government in over two years. The fi ve joint subordinate position vis-a-vis UNMIK/Provisional Institutions UNMIK, dividing the execu- of Self-Governance (PISG) work- tive responsibilities and does ing groups on implementation not fi t Kosovo presently. From of Standards was the fi rst step the time when the institutions in trying to introduce partner- were established, completed in ship between the international March 2002, Kosovans jointly administration and local institu- asked for more competencies/ tions. The violence of 17 and 18 powers in the executive branch March, which le both UNMIK to be handed over. This caused and PISG shocked and horri- tensions with UNMIK. The fi ed, also signaled the necessity recent calls for partnership both of true partnership between the from the SRSG and all Kosovo’s Kosovar Institutions and the institutional and political lead- UN administration. But it is not ers will be diffi cult to material- enough just to say the word to ize in the present legal se ing. build a true partnership. It takes UNMIK asks for reassurance Ilir Deda a lot of serious work. Recent that the government is capable events show that eff orts are of governing and points rightly of Prime Minister (OPM) show its reaction to violence and being made to move towards towards the poor results in the that Kosovo is moving forward the proactive role in se ing much needed partnership. “transferred” areas in educa- and that partnership is slowly up the Central Inter-ministe- The slow progress in ma ers of tion and health. Still this cannot being introduced. These offi ces rial Commission on managing security and in economic devel- diminish the calls for further are the ones on coordination of the funds set up for rebuilding opment le most of the popu- transfer of powers. The present International Cooperation and the damaged and destroyed lation frustrated. Kosovans situation in these two areas is Regional Dialogue, European houses, orthodox churches and watched silently the interna- not a result of Kosovan incom- Integration, Advisory Offi ce on monasteries. Furthermore the tionals and the locals playing a petence, but a result of a heritage Public Safety, Energy Offi ce, government has pledged its “ping-pong blame game”. And long over a decade: the legacy Offi ce on Judicial Aff airs and commitment to rebuilding the only a er the tragic violence and collapse of communism, Strategic Policy Research and bridges with the ethnic commu- in March did both executive institutional oppression and Planning Offi ce. The purpose of nities in Kosovo, primarily with bodies receive a wake up call for parallel system, armed confl ict, these offi ces is to develop and the Kosovo Serbs and Ashkali rapidly needed changes. Seeing and lack of capacities as a result strengthen Kosovar capacities in community. The PISG needs to the whole of Kosovo descending of all these factors. Kosovan in- the reserved areas. demonstrate its seriousness in into chaos, and the infi ltration this issue by moving rapidly sistence on more responsibili- The removal of the head of Ko- of extremists into leading the ties over judiciary and police is into concrete actions. sovo Trust Agency (KTA) Ms. dissatisfi ed population, was the also a request for increasing Marie Fucci and the progress Jointly, the PISG and UNMIK last urgent call to both UNMIK trust in these two institutions, on the establishing new offi ces are to work on implementing and PISG to focus on the real which were the mechanisms Standards for Kosovo, which problems that Kosovo is facing. within the OPM is a signal of of oppression during the com- are to enable Kosovo become a These are the poor economy, hope. There needs to be a quick munist era and throughout society closer to European, dem- security and fragile, - a er the move on restarting the priva- the nineties. And the refusal of ocratic standards. In this light, violence inexistent -, inter-ethnic tization process, which would UNMIK to at least strengthen both UNMIK and the PISG need relations. match the lowering of taxes on the Kosovan capacities over to show responsibility and com- agricultural raw materials. The present legal se inag ceme- these areas is weakening. The mitment towards partnership, nted through the Constitutional encouraging sign of opening At the other end, the govern- so the violence seen earlier in Framework is the factor prevent- six new offi ces within the Offi ce ment has shown maturity with March will not be repeated. ASI newsletter 11 Developing Kosovo’s Agricultural Potential Interview with Mr. Tomë Hajdaraj, Chairperson of the Committee on Agriculture, Forestry and Rural Development. Shpresa Mulliqi, OSCE public property land, which farming lands, other socially Mr. Hajdaraj, could you tell us covers 187 000 hectars of forest owned lands and collective real what are the main activities of and over 70 000 hectars of arable estates, so-called “utrina”. The the Committ ee for Agriculture, land that is not managable at all. third kind are the mountainous Forestry and Rural Develop- Now we should try to get the areas, for which there are ade- ment? municipal Assemblies and the quate papers, so there is full rele- T. Hajdaraj: The Commi ee on relevant ministries together for vant documentation, but they Agriculture, Forestry and Rural a detailed discussion about the were used by the whole village Development has to discuss implementation of laws. as a common good. thirteen laws related within the The main problem here is the Farming and stockbreeding go scope of the Ministry and this issue of ownership, or put along side by side. What is the parliamentary commi ee – those another way how to privatize actual situation of the stockbre- related to the stockbreeding, property with more than fi ve eders? veterinary, farming land, irriga- persons claiming ownership. I say this with great deal of pain tion, food quality, inspection, We have a concrete proposal that besides the human fac- etc. In addition to this, our for these properties through the tor,the last ten years and the war, establishment of a fund of public Commi ee has foreseen contacts Tomë Hajdaraj Kosovo mostly suff ered in the with other institutions of Kosovo forests and public agricultural area of stockbreeding. Three or and abroad in order to get ideas, and raw materials. lands that will be managed by the four years ago, a group of experts exchange experiences and to carry In addition, our commi ee has Government of Kosovo, or by the did an assessment and estimated out joint projects. For example, foreseen in its program visits SRSG if it is a reserved right, but that the damages caused in the this year our Commi ee has to 15 Municipal Assemblies, as not to hurry the privatization of stock farming of the last ten visited the Parliament of Bosnia agriculture is one of the most this asset. Land is a fundamental years include billions of DM. and Herzegovina (BiH), as that important issues in Kosovo. The issue for the existence of a society And because of this we insisted country has faced transition- conclusion of the meetings with and a state as a whole, and that is that the Ministry of Agriculture related problems. We assessed municipal presidents, directors why hurrying the privatization should prepare a project that that the experience of our of departments and municipal is unacceptable. I believe we will will evaluate the damages to Bosnian colleagues will serve us chief executives was that the preserve the current situation the farming land, to forests, while dra ing laws, overseeing relationship between the Central until we fi nd the true owner of grass-plots, and especially to their implementation and other Government and Municipalities the property. To think that all the stock farming. Due to the legal acts. were poor. It is necessary to this can be done fast, punctually war the number of total stock In its working program, the improve this relationship. and painlessly through only one was reduced by 65%. We as a Commi ee has foreseen a visit agency such as the KTA is in my How many laws have been imp- Parliamentary Commi ee ha- to the Parliament of the Republic opinion nonsense. lemented, and how can a citizen ve been requesting from the of Albania. Some time ago the fi nd out about a certain law? I think that all discriminatory Economic Fiscal Authority chan- counterpart Commi ee from laws should be abolished and ins- ges in taxation related to raw Albania visited our Commi ee Unfortunately, we are not always tead there should be new laws materials, including livestock and this very fruitful meeting satisfi ed how laws passed by the implemented as soon as possible since last year, but unfortunately was a starting point to the signing Assembly are implemented by to conform to the standards of we haven`t succeeded so far. We other instances of government, of a Free Trade Agreement, the European Union. This is the have succeeded with seeds and especially in the municipalities. especially in the area of food, reason why UNMIK is here in white grains, though instead of One of the reasons why we though we are not happy with the fi rst place. citizens, the producers of fl our dynamics of the implementation decided to have meetings were profi ting most of this. But Mr. Hajdaraj, in Kosovo there is of this agreement. During the with the municipalities is to we do not have in mind to remain a considerable amount of agri- meeting and talks we have had evaluate how laws are applied as bystanders this year, so we cultural land left un-farmed. Do with the representative of the at the municipal level. In the ask from the Directory for Policy you think that these numerous Bulgarian Offi ce here in Pristina, near future we will convene and Development within the wastelands are consequence of Mr. Kolev, we made a proposal again the directors of the Ministry of Agriculture to dra the lack of lawful owners, or are that sometime in the spring we municipal directorates and the a list of objectives, priorities and, shall send a delegation of the representatives of the ministry the existing structures incapable if possible, the establishment commi ee to visit Bulgaria. We so that we can discuss together to deal with them properly? of a fund for the development know that trade with Bulgaria the problems. In Kosovo there are three types of of agriculture. I hope that we has increased, especially in food We have the responsibility for public property: socially owned achieve these goals. 12 ASI newsletter Kosovo Police Service School reacts on March events This article has been written a little over two weeks after the widespread violence towards life and property in Kosovo that occurred on March 17 - 19, 2004. In the months to come a detailed analysis of the causes is anticipated from UNMIK-Civilian Police along with recommendations to address the findings. The Kosovo Police Service School (KPSS) is also in the process of gath- ering facts pertinent to identifying potential gaps in officer training.

Tim Wilson, Chief of Planning, KPSS Department of Police Education and Development

It is important to keep in mi- between the police station and nd that many Kosovo Police KPSS. Even though the KPSS Service (KPS) offi cers risked offi cers had already worked a their lives and were injured full training day at the school in the line of duty while fa- what they did is generally cing overwhelming odds. expected of police offi cers and Many others also performed with li le regard for their own their duty as best they could. safety, welfare or concern for Investigations into alleged their families. criminal acts or misconduct by The KPS has been required to a minority of KPS offi cers are mature at a vastly accelerated taking place and if any case rate compared with, quite is proven against them, will possibly, any other in the be dealt with appropriately. world. This is true not only in It is sometimes too easy to personnel but also resources blame the uniform and not the both of which are moving individual when allegations of towards an acceptable level wrongdoing are made. as quickly as budget and time On the night of Thursday 18 permit. Not all the pieces are in March 2004, I witnessed for place and until two weeks ago myself the dedication and priorities to complete the task Training in KPS School in Vushtrri/Vučitrn bravery of our KPS offi cers and seemed appropriate. It is clear that some of those priorities now a new urgency to fulfi ll police. The KPSS has taught its instructors at the Kosovo Police this need sooner rather than students democratic policing Service School. For reasons must now be adjusted to meet any future planned and later. concepts and practices and both yet to be determined, a group organized a acks against a few the KPS and UNMIK-Police have of over a thousand people In the early stages of their communities within Kosovo, an active Community Policing converged on the local Ashkali training every KPS offi cer rece- as is suspected to be the case section that promotes police community adjacent to the ived many hours of instruction last month. One example is the partnerships with community police station and our school. on Human Rights, Code of development of a command leaders and schools. Local and Many of their homes were Conduct and Ethical Behavior. and control centre to eff ectively international authorities are forced into, looted and burned Indeed, the current class of and quickly co-ordinate KPS encouraged to work with their by criminals hiding within the police students is the fi rst resources throughout Kosovo. local police at all levels to further crowd. Our KPS staff assisted to receive 20 weeks of basic Steady progress is being made to this partnership and share the few KPS offi cers on duty training. Nevertheless, course select the necessary equipment responsibilities for law and in the police station to escort material will be re-examined in required, as it is a costly venture order within the community. over two hundred Ashkali the weeks to come to ascertain that requires careful planning. what further improvements Regular public meetings with men, women and children to Prior to these recent events community leaders and police safety. Initially they were taken might be made in the light of the KPS has had li le need to recent events. should be encouraged to listen to the police station and shortly draw on all its resources to and where possible act on the therea er into our school once tackle orchestrated region-wide Keeping the peace is everyone’s concerns of all the people they we cut a hole in the metal fence incidents of disorder. There is responsibility and not just the represent. ASI newsletter 13 Reforming education to reach the pupils We are living at the beginning of a new century, when rapid changes are taking place. Almost all parts of our life, starting from family relationships in society, country, and region are changing. Kosovo and its inhabitants should do their best to make educa- tion an issue of great concern for all society and not only for the institutions. Changes made these days and in future will have a long-term impact. Venera Llunji, Political Advisor Ministry of Education, Science and Technology representatives, and other gover- The events of 17 and 18 March The primary purpose of the Mi- they still haven’t come up with nment organizations operating shocked us all. The violence was nistry of Education, Science and their opinion, that is to say they in Kosovo. International or- unexpected and unforeseeable. technology (MEST) is to ensure still haven’t given their consent. ganizations have aided and It escalated and turned from a be er education for all. Li le Experts from UNMIK and the supported through many demonstration of dissatisfaction happens in education until it Council of Europe are also eva- projects the improvement of - expressed by the majority reaches the pupils. To ensure luating history textbooks in both education in Kosovo. The pri- population on the occasion of that reforms actually reach Albanian and Serbian languages; mary partners I would like to the horrendous death of three the pupils, MEST works in the - MEST is trying to encourage mention are: the World Bank, children in Çabër - into an following priority areas: and involve parents and the the Canadian International De- aggressive and violent outburst - A unique education sys- entire community in supporting velopment Agency (CIDA), Ko- that damaged the image of tem: unifi cation of the edu- the changes in educational sovo Education Development Kosovo. cational system requires the Project (KEDP), UNICEF, system. Special a ention will The MEST took a wide range of implementation of laws and be paid to transparency and Deutsche Gesellscha fuer other acts. In 2003 the Assembly Technische Zusammenarbeit activities towards reducing the correctness with public opinion tensions and restraining pupils of Kosovo approved two laws and with media on the achie- (GTZ), Finnish Support Group, from taking to the streets and on education, the Law on Ele- vements and/or diffi culties fa- Swiss Contact, EAR and many endangering their lives. Press mentary and Secondary Edu- ced by educational system in its other governmental and non- conferences were held to call cation and the Law on Higher path toward development; governmental organizations. Education; All the above activities and upon teachers, school principals - The major aim of reforming many others not enumerated and especially parents to prevent - Providing suffi cient school pre- higher education is the inve- demonstrate that the develop- their children from joining the mises, while taking into account stment for future generations, ment of education in Kosovo is demonstrators. MEST as part the needs for learning and which will be trained and teaching, security and a healthy progressing slowly but in the of the Government of Kosovo educated according to European environment; right direction. MEST and its will also give its contribution standards. The University will in repairing the damages made - Providing opportunities for offi cials are well aware of the be developed as an institution importance of education for the during those days. We also hope mental, spiritual and psycho- in view of new initiatives, that the latest events will not physical development. This entire society. The Government innovations and the active be remembered as a failing of includes education for all and the of Kosovo too considers edu- participation in University Kosovo and that the international development, implementation cation as a priority, as the es- networks. Hence, it will co- sential and most important community in cooperation with and assessment of the syllabi. operate with institutions of These will, of course, need to issue for the real development the people of Kosovo will work higher education of other of Kosovo in its entirety. for a be er future. be reviewed in order to ensure countries and will become a their high quality, as well as market-oriented institution, commensurate with European aiming at the development standards. So far the syllabi for and advancement of society. grades 1, 6, 7,9,10 and 11 have University Departments will been prepared and complied by be encouraged to develop new expert groups in the languages syllabi in harmony with market of all communities living in demands, to promote up-to- Kosovo. However, the Serb community has not showed its date teaching methods, to train readiness to join the initiative teachers, to ensure and maintain and that is a reason why contacts with other universities they are facing diffi culties in in the region, Europe and aro- completing the school subject und the world. curricula. A group of experts is MEST maintains very close working on the assessment of cooperation with the inter- syllabuses in Serb language but national community, UNMIK 14 ASI newsletter OSCE Facilitates Capacity Building for the ‘Other Communities’ Parliamentary Group

Senad Sabovic, OSCE

The Central Governance Sup- port Team (CGST) of OMiK Democratization Depart- ment organized a capacity- building seminar for the ‘Other Communities’ (OC) Parlia- mentary Group in Ohrid. The event, which took place from 11 to 14 March 2004, was a unique opportunity for the members of the Group to detach themselves from the every-day concerns and develop an analytical ap- proach to their problems. Part of the overall focus of the CGST is capacity-building support to Kosovo Assembly Members, and we have also off ered conti- nuos assistance to minority par- ties in this Assembly. In that context, we deemed useful to facilitate a seminar which would assist members of the OC Group in enhancing their conceptual understanding of minority ri- Other Communities Parliamentary Group in Ohrid ghts, as well as build a spirit of compromise among them, so as backgrounds in human and combination of minority rights In addition, the participants to enable them to develop com- minority rights, both experts, theory and particular tools were demonstrated how these mon positions on issues which Gregory Fabian, formerly with used for advancing these rights, international mechanisms are impact their communities. the OMiK Human Rights, all tailored especially to the ne- applicable in Kosovo and il- These two components were and Clive Baldwin, from eds of the OC Parliamentary lustrated how they relate to thus set as crucial aims of this the Minority Rights Group Group. Thus, in the fi rst part the context of minority life in event, because they address International, also had a of the seminar the participants Kosovo. the two outstanding needs of thorough understanding of the were off ered information on The second part of the seminar this Parliamentary Group: for particular problems embedded the basic principles of minority consisted of practical exercises minority rights concepts in with life as a minority in rights, as well as international in which the participants were general and for consolidating Kosovo: both have in the conventions and organizations side-coached by the facilitators political activity. previous years been involved thereof. This was the part in in developing and applying the Both of these aims were indeed in the process of monitoring the which the facilitators provided analytical legal methodology grasped perfectly by the two situation of ethnic minorities in answers to the questions such as in their parliamentary work. international minority rights Kosovo and writing the OMiK- “what is a right” and “who are In these exercises, OC Group experts who were invited to UNHCR Minority Assessment minorities,” but also presented members would be tasked share their knowledge with Reports. The modules that they the catalogue of the most with interpreting relevant legal the participants and facilitate designed and delivered with important international legal provisions with respect to spe- targeted discussions. Indeed, assistance by CGST members sources for these rights and cifi c case studies, identifying in addition to their professional provided for an excellent the institutions behind them. the legal issue involved in some ASI newsletter 15 real-life situation, separating the political from the legal aspect, relating the issue to a “We asked ourselves: who is next?” single legal source of rights, and so forth. The underlying Gani Sadik, logic behind the exercises was Chairperson of the ‘Other Communities’ Parliamentary Group to expand the capability of the OC members for analytical We are stunned by the violent had faith in thinking in addressing the events of March in Kosovo. We the Kosovans. issues their communities face. have all been caught ‘off guard’ Unfortunately, The focus in these was thus - as we thought violence of that in those two on relating to the participants scale would never again occur days all has the practical mechanics they in Kosovo. been torn up should apply in dealing with We feel deeply saddened for the and thrown the issues of the people they human losses that resulted from away. represent, such as defi ning the the developments - human lives Human los- problem and identifying the losses are irreparable losses. In ses cannot legal issue, exploring remedies addition, what was also exp- be restored. to the issue, developing an ressed during the violence was What has also action plan to tackle the issue the destructive action towa- been lost is on the basis of the previous rds objects of historic and reli- the confi dence elements and the common need gious value, which has never of the whole of their communities, as well as been considered as one of the world, among implementing that plan through characteristics of this part of the the many frien- the channels available. world. ds Kosovo On the fi nal day, OMiK Head For us as ‘Other Communities’ has abroad. of Mission, Ambassador Pas- the events of 17 and 18 March The whole cal Fieschi, come to Ohrid were also frightening - homes world has to once more ensure the OC of the Roma and Ashkalis were been talking Parliamentary Group of the targeted and violence was about the tra- support the Mission is giving to aimed at these communities. gic events in Gani Sadik them as parliamentarians and The logical question that we Kosovo - is their communities in general. asked ourselves was ‘who was this what we needed? Indeed, we welcome the decision by In his address during the going to be next on the list’. to protest and publicly express the Government of Kosovo to cocktail with the participants, Fortunately, the violence did one’s grievances in a PEACEFUL repair all the damage infl icted facilitators, and OMiK staff , not spread to encompass all manner is a basic democratic to historical monuments and Ambassador Fieschi strongly ‘Other Communities’. principle. Violence, however, citizens’ homes during the emphasized the importance can never be justifi ed. March events We strongly condemn the vio- of a consolidated and cohe- It is as a priority for Kosovo ent occurrences in Kosovo, and For this reason, all the peace- rent functioning of this Par- and its Institutions to regain the those who incited the violence - loving people of Kosovo have liamentary Group. lost trust of the international we consider them to be enemies condemned the violence, and community. Kosovo’s The OMiK Central Governance of Kosovo. so have the Institutions with Support Team is therefore proud the Kosovo Assembly lead- Institutions need to cooperate For fi ve years now, the Insti- to say that the seminar was a ing this process. Again, the with UNMIK and KFOR and tutions have together with the success in all aspects it aimed representatives of the ‘Other thereby build partnership citizens of Kosovo and with to cover. Indeed, apart from Communities’ have taken part with them. As part-ners, they the help of UNMIK and KFOR learning about minority rights in this condemnation - we must can jointly overcome all the been laying the groundwork mechanisms and developing denounce violence regardless diffi culties that have struck for diff erent ethnic groups to tools to apply them in practice, of what side it comes from. We Kosovo. live side by side in Kosovo. the participants enjoyed the especially condemn the a acks Kosovo has a need for UNMIK The Institutions have invested wonderful lake-side town of on KFOR soldiers, their mission and KFOR and it is only in much work and eff ort in the Ohrid and re-established more here is peace-keeping and the dialogue and partnership with democratization of Kosovo. The personal relationships between protection of Kosovo and its them that I see a future for international community has them. citizens. On the other hand, Kosovo. 16 ASI newsletter How to get three languages speak one legislative voice?

Hubert van Eck Koster OMIK Advisory Office in the Office of the Prime Minister

In the entire process a dra for publishing promulgated law follows, there appear to Assembly law may have been be problems with accuracy of solved, unfortunately it did translations which in the end not contribute to solving the result in major discrepancies main underlying problem. The in the fi nal versions of promulgated Assembly laws Albanian, Serbian and English in the three languages are still promulgated laws. These inconsistent and incoherent inconsistent and incoherent which tend to undermine the promulgated laws tend to lose rule of law in Kosovo. In light of relevance because the people or the recent ethnically motivated bodies who need to implement violence there is a strong need to them or abide by them can’t address these language issues, understand what they mean. It being a principal part of the even gets worse because once eff orts to integrate the Kosovo a law is poorly translated then society. dra laws have been adopted Agency for Reconstruction future laws tend to use the same Many translation problems by the Assembly, reviewed by (EAR). GTZ set up a wrong terminology, or if the seem to arise in the very early the UNMIK Offi ce of The Legal Standardization/Verification terminology is corrected then stage when dra laws are fi rst Advisor and promulgated by Cell in the OPM which carries the two laws are inconsistent. prepared and/or discussed the SRSG. out a compliance check on the In addition, partly as a result by working groups in the EU acquis, the Constitutional of the poor translations, the The Anti-Discrimination Law Government. For example, there Framework and also on responsibility of publication (ADL) provides a clear example is not an existing procedure translation/linguistic issues of of the promulgated Assembly of the political implications that for the working groups which all dra laws. However, this laws has been subject of long inaccurate translations could would ensure that the dra process only begins a er the debate between UNMIK and have. In the fi rst reading in the law in Albanian, English and working groups have fi nished the Assembly. In the meantime, Assembly of the ADL, Coalition Serbian has the same content their considerations and have promulgated Assembly laws Return unexpectedly voted every time changes are being sent the dra laws to the OPM. were only available on the online against this dra law. While the made along the process. Neither In addition GTZ is currently version of the UNMIK Gaze e, international community came is there professional translation working on improving Ad- while UNMIK had waived any up with all kinds of political of wri en comments provided ministrative Instruction responsibility for the accuracy theories why this happened, by external experts in the three 1/2002 on the Procedure for of the texts or for the accuracy it appeared that the Serbian languages of the dra law for dra ing and submi ing la- of the respective translations version of the ADL was very consideration of all members of ws to the Government and of promulgated laws adopted poorly translated. A er the ADL the working group. There are also Assembly. This Instruction by the Assembly. Only since was adopted by the Assembly problems with interpretation will give improved guidance recently there is an agreement in the second reading, Coalition during the working group for the working groups on between UNMIK and the Return even challenged the law meetings. This is a result from administrative and translation/ Assembly in which the Assembly based on Article 9.1.39 of the interpretation ma ers and will has taken the responsibility the facts that there are no Constitutional Framework. In request the Government to set to publish the promulgated eff ective rules of procedures general, the Assembly has o en up Standardization/Verifi cation Assembly laws, but only on the to guide the working groups showed its discontent with the Cells in all other Ministries. Assembly website. In addition, on translation/interpretation quality of the texts of dra laws the Government has started a ma ers and, more importantly, received from the Government. Thus, there remains a lack of legal initiative on an Offi cial that there is a general lack of Part of the problem has recently translation and interpretation Gaze e which should ensure translation/interpretation ca- been dealt with by the Deutsche capacity in the entire process proper dissemination of the pacity in the Government. Gesellscha für Technische a dra law undergoes in the promulgated Assembly laws. Problems occurring in the Zusammenarbeit (GTZ) in the working groups. Specifi cally, The disagreement between working groups seem very Offi ce of the Prime Minister support in providing English UNMIK and the Assembly on hard to fi x along the way and (OPM), an EU funded project translation is needed as the question who is responsible tend to remain in place a er managed by the European allegedly this can not be ex- ASI newsletter 17 pected to be provided by the nistries interpretation tasks. Once the munity should keep on giving Government itself. The Con- As long as English translations language units are up and support as long as this is needed stitutional Framework only are needed and until the Go- running the International Com- because the language units requires the Government vernment has established munity should immediately most likely will not be able to provide English translation and and the Assembly to conduct professional translation/in- focus on building, direct or interpretation services. meetings and translate offi cial terpretation units in all Mi- indirect, the capacities of the documents in both Albanian nistries there is critical need language units, for example by These measures should co- and Serbian. Even if the PISG for immediate substantial utilizing existing local capacities ntribute to a signifi cant impro- would be willing to hire English sup-port considering the abo- to ensure that qualitative le- vement of the legislative process professional legal translators ve mentioned implications. gal translation services are concerning translations of dra and interpreters, this would Unfortunately, it can not be integrated sustainable and po- laws, which hopefully results in be hard to implement since expected from the PISG to set litically neutral into all legislative an improvement of the rule of UNMIK off ers many times the up the required language units procedures. However, regarding law and moreover a step closer salary a KCB civil servant would for delivering professional Alba- English translation and interp- to integration of the Kosovo receive for the same position as nian and Serbian translation retation the international com- society. English translator/interpreter. and interpretation services in However, representatives of the a short timeline. Legal experts International Community are would be needed to be able to o en members of the working professionally translate laws Tri-lingual Glossary groups and asked for comments who will be diffi cult for the of the dra laws which is PISG to recruit considering of Parliamentary and Legal diffi cult when the dra laws the low KCB salary for inter- are not available in English. preters/translators and the Terms Professional English versions lack of diff erent categories To help address a widespread and acute issue confronting of dra laws in the working of translators/interpreters in the Provisional Institutions of Self-Government (PISG), the group stage would allow the the professions and payment OSCE Mission in Kosovo initiated a project in support of the international community to scale of the civil service. Since Assembly and Government to compile a tri-lingual Glossary comment on parts of the dra supporting the PISG in providing of Parliamentary and Legal Terms. This is primarily being that may cause irreversible professional English translation done to facilitate the dra ing of laws and the process of obstacles in a later stage of the and interpretation services translating documents, but it will also help parliamentary dra laws. So supporting the would be in the interest of both debate on dra legislation in both commi ee and plenary PISG in providing professional PISG and the International sessions. In co-operation with the Legal Department of the English translation and inter- Community, and since this task Assembly Secretariat, the Offi ce of the Prime-Minister and pretation services would be in can not be expected to be done NDI Parliamentary Language Program in Skopje (which the interest of both PISG and the by the PISG, the International was engaged in producing a similar dictionary), the project International Community. Community should not hesitate commi ed to make a compilation of legal and parliamen- Even though the Government in giving this support as soon tary terms currently in use by legislative and governmental and Assembly are clearly as possible. Representatives of bodies, including on EU level. This would fi rst be done in required to provide Albanian the International Community English and then the Albanian and Serb equivalent for each and Serbian versions of the dra participating or advising term would be found, providing a defi nition, synonyms and laws, practice has showed that in the legal process should examples of terminology’s proper use. Albanian and especially Serbian take up the responsibility of In order to implement the project, a project coordinator was versions o en are of poor quality. delivering English translation appointed, a Project Board formed and an Editorial Com- Recently Pillar II set up a Task and interpretation. While the mi ee established. Also, formal co-operation with various Force to review the continuing Government should be strongly partners in the project has been instituted. The implemen- diffi culties of the Kosovo encouraged to set up the needed tation of the project, which started on 1 October 2003, has administrative authorities with translation/interpretation units, been planned in fi ve main phases: [1] identifi cation and the language requirements the international community selection of the terms; [2] translation; [3] verifi cation of the and made recommendations should start supporting the processed material and endorsement in workshops; [4] lan- to address the problems. Their translation process, either direct, guage review and proofreading; [5] layout and publishing main conclusion was that there or indirect, by for example in printed and electronic versions. According to the estab- are insuffi cient translation/inter- empowering local institutions lished timeline, the fi nal output is due at the end of August pretation capabilities in the mi- with legal expertise which 2004. nistries (and municipalities) and temporarily could be charged the Task Force recommended, to support the Government inter alia, to create translation/ by carrying out the required Doina Ghimici, OMIK interpretation units in all Mi- professional translation and 18 ASI newsletter Experience of three Parliaments in support of the Assembly After a three-month period of inception and assessment, the European Agency for Reconstruction (EAR) Project “Support to the Assembly of Kosovo” has now moved into a more active phase of implementation. The main activities, which have been undertaken by the three key experts - Mr. Heinrich Grosse-Sender, Senior Legal Reform/ Parliamentary Drafting Expert, Mr. Alfred Drescher, Senior Human Resources and Personnel Management Expert and Mr. Peter Vanhoutte, Senior Logistics Expert together with the Team Leader - cover areas, which are of high importance for the future functioning of the Assembly of Kosovo.

Prof. Dr. Nicolas Maziau, Team Leader EAR-Consortium of the three Parliaments, Adviser to the Secretariat and the Presidency

In the fi eld of institution bui- legislation and their ability to Représentants lding, the Project Team has inform adequately the Plenary. de Belgique, launched three principal acti- At the same time, one condition who came this vities with the ambition to for the success of this reform February to reach a number of changes in would be to make it fi nancially evaluate the the functioning of the Assembly neutral for Assembly’ members. possibility to before the next election. Discussions are ongoing and create a Legis- [1] Developing a strategy for have been received very posi- lative Council in reorganization of the Presidency tively by commi ee chairs. Kosovo. If esta- and the Secretariat. This issue has Hopefully a decision on this blished, this been dealt with by Ms. Corinne question could be adopted new institution Luquiens, a short-term expert before summer time and enter would be inde- for the Project and Director of into force a er next election. pendent from the Government and International relations in French [3] Improving the legislative the Assembly Assemblée nationale. Based on process between the Government and would be her proposals, the Project Team and Assembly is one of the composed of hi- will elaborate an overall plan key issues, which needs to be ghly qualifi ed la- to improve the organization of urgently addressed. The Project wyers. Through the Secretariat, make it more Team is working on this issue it exclusive advi- effi cient and more adapted to together with representatives sory capacity, the needs of a Parliament faced of the Government to reach a the Council with developing tasks. Proposals solution on how to establish would review covering the Presidency will be proper and permanent relations Nicolas Maziau the consistency of looked at as well to make it more between the Prime Minister’s legislation and its conformity effi cient and transparent. Offi ce (OPM), ministries and requirement of a parliamentary with the Cons-titutional Fra- the Assembly. An assessment of democracy to authorize Go- [2] Reducing the number of -mework and European stan- the situation was made by two vernment representatives to commi ees in the Assembly is dards. Following the missions short-term experts, Mr. Alberik a end at any time commi ee an issue of particular impor- of both experts, the Project Team Goris, Deputy Head of the Legal work when a dra law is under tance. The Assembly, as pre- intends to propose a dra law to Department of the Chambre des discussion. At the same time, it sently organized, has 19 com- is necessary for ministries and be discussed at a later period. mi ees, 2 main commi ees Représentants de Belgique and PMO to provide be er access In the legal sphere, the Project is and 17 functional commi ees. Mr. Joachim Kehrhahn, Secretary of the Commi ee for Food and to information to members concentrating on two issues: Taking into account the number of commi ees. Subsequently, of Assembly members (120), so Agriculture in the Deutscher [1] Technical assistance to Bundestag. The objective is to the Rules of Procedure of the commi ee work, especially many parliamentary commi ees Assembly and the Rules of is a source of ineffi ciency. The propose to the PMO and the for six commi ees considered Assembly a memorandum of Procedure of the Government important by the Project: the two Project’s proposal is to reduce should be amended. this number, possibly by 10, understanding mentioning the main commi ees, the commi ee by merger. New positions diff erent issues on which both In this regard, the mission of for Judicial, Legislative and such as vice-president and institutions agree to work on Mr. Michel Leroy, president of Constitutional Framework mat- “rapporteur” would help to to improve the daily contacts chamber in the Belgian Conseil ters, the commi ee for Trade improve the legislative capacity between the Executive and the d’Etat, and Mr. Ronald Mees, and Industry, the commi ee for Legislative branches. It is a basic Director in the Chambre des Health and the commi ee for of commi ees, the quality of @ ASI newsletter 19 Political engagement of youth and credibility of the institutions By Lulzim Zeneli, engaged in politics? I think LDK Member of the Assembly that, our youth should be be er The engagement of youth in should in no way represented at all levels of politics should not be consi- be misunderstood, society and of leadership. dered as a taboo theme. There on the contrary, this Only an adequate representa- is an entire generation of Koso- should be welcomed tion of younger generations at va leadership that seems to as a sound ambition all levels of decision-making, misunderstand the intention of to integrate in the would give a greater credibility the young generation to get in- process, and not to our institutions. volved in politics so that they stay aside, as passive The events of March 17th and could build a political career. observers, which is 18th gave the worst possible now the case. At the same time, the enga- example. Unfortunately, many gement of youth should in no A er all, it is im- of those who commi ed vio- way be limited at the level of portant to get in- lent acts were young people, formal engagement in political volved or else our teenagers. and social developments. society takes the Such actions damaged not only risk of becoming a The engagement of youth in the image of Kosovo, but of the passive society and political and institutional activi- entire society in general. That’s consequently move ties, in Kosovo and abroad, why, our institutions are now towards undesirable is more important now then in a tight spot, since a lot has to directions, which ever. Young Kosovans should be done, whereupon both local would have a very contribute their energy, will and international institutions negative impact in Lulzim Zenelli and courage to tackle practical have to double their eff orts in the entire process. problems in their areas of in- The involvement of young order to improve the situation terest. The engagement of young Koso- Kosovans in politics is a proof in all aspects of life and more The political engagement of the vans in politics nowadays, do- of their creativity and energy. importantly- strengthen the ins- younger generation with new es not have a formal meaning The next question is at what titutional credibility, for which ideas and pro-western visions, only. level has our youth become we have to be optimistic!

Transport and Communications. by the Commi ee on Trade of Assembly to pass legislation. a professional parliamentary ci- The input of the Project is taking and Industry with the help of These comments will be sub- vil service. place through a standardization USAID-Baring point. mi ed to the Assembly and dis- Finally, regarding the logistics unit, which will be developed [2] Critical comments on the cussed again with all relevant support to the Assembly, the by the Project’s Senior Legal Rules of procedure are currently parties, including ASI partners. Project Team has started to Local Expert, Mr. Virtyt Ibra- under preparation. A short In the fi eld of administration, prepare a plan of technical himaga together with short- term expert of the Project, Mr. the Project Team is preparing refurbishment, which will term international and local Marc van der Hulst, Director statutes for the personnel to be include upgrading the telecom- experts and the Secretariat to of the Legal Department of the proposed to the Assembly by munications network, develop the Assembly. Mr. Frédéric Chambre des Représentants June 2004. A short term expert, an information network, but Brédillot, Administrator in de Belgique came to make an Mr. Laurent Klein, Director of also will cover some renovation the Commission for Economic assessment. His report proposes Archives and former Head of of the building. Mr. Frank Aff airs of the French Assemblée some technical amendments Personnel in French Assemblée Blum, coordinator of ICT in nationale was the fi rst expert to to make the legislative process nationale came to make an the Deutscher Bundestag has come in February and provide more workable. Indeed, the assessment and together with been tasked to make proposals. his assistance. He was asked to Rules of Procedure appear to be the project’s key expert will The project’s key expert is review the compatibility with far too complicated, which inc- propose new statutes, which also currently preparing new the European standards of the lude some contradictions, and should, along with a career procurement rules for the dra laws on Energy prepared tend to slow down the capacity system, help to further develop Assembly. 20 ASI newsletter Promoting Tolerance Edita Tahiri, Member of the Assembly by the visit to “Ground Zero”, A year long journey for pro- In this context, in my country the monument to the victims of moting tolerance through the report I refl ected on the tragic past the tragedy of 9/11. program of American Jewish of my nation and particularly of Commi ee (AJC) and Friedrich the past ten years. I have spoken Later, the participants split into Naumann Sti ung (FNS) was for the perspectives of building diff erent groups to pay a visit to indeed a unique experience for a just and tolerant society in AJC chapters throughout United me. A er the fi rst initial inspiring Kosovo and in the Southeastern States. I visited the Detroit debate on tolerance in Skopje/ Europe. I stated that the tolerant Chapter and learned about its Macedonia and Sinaia/Romania future can be built only by wide range of activities with the Jewish community and its followed a journey through correcting the injustices of the multicultural activities with other tolerance in the United States. past. In terms of the Balkans, communities. I was impressed For the participants coming from this would mean adopting a just with their annual project “Do Not post-communist but also ” post- political and legal framework Forget the Stranger” who aims at war countries” such as myself to solve outstanding issues. welcoming non-Jewish leaders. this program succeeded to add Whereas, for Kosovo as one of The unforge able moment of precious ideas and spirit to our the major unsolved issues of the Edita Tahiri this visit was the warm welcome mind and soul. Balkans, this means recognizing the right to self-determination human – the unity of students at the Traison’s Family for the The Program on Promoting Tole- of the people of Kosovo and of diverse race. In days to come Shabbat Dinner respect. I also rance of the year 2003 focused on allowing them to have a safe we were given the opportunity a ended the Shabbat cere- the role of history in promoting mony in a Synagogue and was home in an independent sta- te. to see great variety of people tolerance in Central, Southern particularly impressed with I elaborated further that era- and experts serving the goal of and Eastern Europe. Participants the intellectual debate that was dicating fear is a precondition tolerance. We were introduced came from these regions as well taking place there. I was honored for building tolerance and that is to American initiatives aimed as from the Commonwealth of to be asked to give a speech in what Albanians can accomplish at encouraging respect for dive- Independent States. Our diverse the Synagogue. by having their safe home / state. rsity in their society. It was the background, as emerging lea- I concluded by saying “We can whole mosaic of actors and The last part of this Program ders and opinion shapers of not expect a nation to act justly if ideas running the engine of was our reunion in Chicago. At new democracies, allowed us they are not given justice.” the American democracy. We dinner we exchanged our views to engage in a very creative listened and participated in a and impressions of the chapter The debate on the role of history debate to look into the impact debate on promoting tolerance visits. The visit to Chicago, or- in promoting tolerance brought of history on relationships bet- through NGOs, with special ganized by the AJC Chicago up thoughtful approach of ween people and states. In the focus on race, ethnicity, social chapter, focused mainly on participants. The range of useful workshops held in Skopje in issues, religion, etc. We learned the issues of the inter-religious April 2003 and Sinaia in May ideas marked this work. We all what government does to pro- understanding and cooperation. 2003, we discussed the Balkan seemed to be ready to engage mote tolerance, among other We met with representatives of history and the prejudices it has in a big challenge of helping things; we saw the enormous civil society, municipal govern- created. We tried to analyze ourselves and Europe go beyond negotiating work done at the ment and Chicago police to how far could history infl uence the past. Indeed we made a step Justice Department’s Community learn about their ideas and the identity of a nation and of an forward to a new spirit – a spirit Relation Service to resolve racial practices. The highlight of this individual. And then we turned of dialogue, understanding and confl icts. I personally thought visit was an evening discussion to the future and tried to refl ect tolerance. And I think we got Kosovo institutions must integ- about Catholic-Jewish relations on questions such as: can history ready for a journey to the United rate similar practices. at the North Shore Congregation States with the aim of taking up teach us to be tolerant? Or can A er Washington D.C. we Israel. some of the United States spirit tolerance be built on historical visited New York, the great I can not conclude this report and democratic experience. injustices? Country reports in city and the place of the AJC without underscoring the me- which participants refl ected their First on the program was the headquarters. There, we were morable visit to the Holocaust personal and national suff erings movie “Remember the Titans” a received by the Head of the Museum in Washington D.C. It and injustices in the past were true story about tolerance. Then AJC, Mr. David Harris and his was my second visit (my fi rst an important contribution to we went to the T.C. Williams High collaborators. A er listening visit was in 1993 when it was the debate. It was, I believe, the School in Fairfax, Virginia, where to the visionary speech of Mr. newly opened), and the message common view that overcoming we met the “Titans of tolerance”. Harris, it was not diffi cult for me “For the dead and the living we “historical injustices” is one of We talked to their ancestors, to understand why the AJC had must bear witness” is as valid as the main challenges in building saw their pictures and felt the such a successful history. The ever. It recalls the history of my a be er future. living spirit of something very stay in New York was marked nation, too. ASI newsletter 21 “We need to invest in young staff of the Assembly”

Interview with Sali Rexhepi, Head of the Table Office of the Assembly of Kosovo.

By Ali Caka, UNDP tools in relevant areas where the consulting, instructions, and Secretariat staff is engaged into. trainings have played an active Mr. Sali Rexhepi, could you It would be be er if one of the role in supporting the work explain us as the Head of the staff in units is selected and sent of Assembly, and we greatly Table Offi ce what is the role of on a one month working visit appreciate it. the Table Offi ce and what are its to any of the parliaments that functions? What is now needed is more supports the work of Assembly training and investing. Investing Its role and the importance of Kosovo. Civil servants should in young working staff . is as follows: receives all the have extended contracts at least legislative related documents, up to three years. And provide ASI partners have started dra laws, amendments, offi cial them with health and social preparing their assistance prog- questions by Members and insurance. Their salaries should rammes for the next Assembly. other requests. It systemizes and be increased due to living costs, What should be, in your opinion, distributes legal documents to to be stimulated for work and be their major priorities? the Members or brings forward able to live from their work. ASI should focus its activities questions by Members to the What are the main challenges in the following areas: training ministries. you face in your capacity of the of the staff to dra documents; The Table Offi ce is responsible Head of the Table Offi ce? cooperation between Assembly for supporting the Presidency Sali Rexhepi That would be work overload, Groups as well as among As- of Assembly starting with the and the lack of suffi cient staff sembly members and civil preparations of agendas, do- to carry out what needs to be servants who support them; 5 days prior to the debate on cuments distributions for its done. organizing intensive courses that resolution dra law. Each sessions, dra ing minutes from of English language; training amendment discussed by any What was in your opinion the Presidency meetings, as well the Assembly staff for using parliamentary commission or any greatest achievement of the last as implementation of deci- and applying the Informative ions, conclusions and recom- report of their recommendation two years of the Assembly? Technology in Assembly activi- mendations approved by the is registered in the Table Offi ce The greatest achievement of the ties, as well as ge ing acquainted Presidency. and distributed to the Members last two years of the Assembly with experiences of parliaments It is responsible for plenary ses- and other relevant institutions. would be the establishment of with parliamentary tradition. sions of Assembly, starting with Has the Table Offi ce received a modern administration. This What do you think that should the preparations of agendas, dist- adequate training? includes: an Assembly sec- be improved in the work of the ribution of amendments, dra The section’s staff is qualifi ed, retariat fi lled with civil staff laws, resolutions, compiling (insuffi cient) to support the Assembly Secretariat in general, had working visits to the and what improvements could minutes and materialization French Assembly and Belgian work of the Assembly; some be made in the functioning of the of decisions, conclusions and Parliament. Certainly, there laws have been approved and Table Offi ce in particular? recommendations reached in the is a need for further trainings some others are being processed, Assembly. and to gain experiences from which are in concord with the I think that in managing positions Soon the Service for Standar- other parliaments or any legal standards of EU; and gai- of the Assembly Secretariat disation and Proof-Reading other parliament with long ning solid experiences, which should be appointed only in three languages (Albanian, parliamentary tradition. will serve well to the work of people with managerial sense, legislation. Serbian and English) will be But what would be most personal integrity, professional established, which will also preferable for future work is as How you appreciate the overall people as well as people of high function within this section. follows: To have proper staff international support received morals, who are not prone to What are the basic rules re-lated selection and invest in their by the Assembly of Kosovo corrupt practices and who have to the submission of amend- profi ciency rather than in older during its fi rst legislature? good interpersonal skills. This ments for draft laws? generations. Not spend time in The support of international staff will ensure the functioning of The procedure for submi ing training aged working staff as has been great. In the beginning a modern, professional and an amendment is regulated our experience showed that they of the work of Assembly, they politically unbiased admi- with Work Regulation 29 of have been poorly equipped even were the cells out of which the nistration. What’s more we Assembly. Every parlamentary a er the trainings to carry out Assembly Secretariat with local should fi ght against the group or a deputy can submit their duties and responsibilities. staff has emerged and grown. phenomeon of privileges made an amendment or resolution to To give priority to the practic And later the international based on party affi liation and the Table Offi ce, not later then work, through concrete working staff , through diff erent ways: nepotism. 22 ASI newsletter Committee End-of-Mandate Report: A step in building institutional memory

Doina Ghimici, OSCE

ration of some king their own evaluation of committees the situation on the ground in with correspo- a particular fi eld. Several Com- nding minist- mi ee Chairpersons have also ries and not taken the initiative to dra enough res- annual reports on the work of ponsiveness their Commi ees. on the part of certain We believe that it would be im- ministries portant to urge all Commi ee contributed Chairpersons to compile an to delaying end-of-mandate report in the legislative which relevant experience of process in the the Commi ee, including both Assembly. In positive and negative aspects, as addition, over well as thoughts and ideas which the past three from various reasons could not years, variati- be implemented during present ons have legislature would be refl ected. been noticed Chairpersons may wish to The fi rst Assembly of Kosovo Kosovo faced many challenges, in the work of parliamentary write the report themselves in Commi ees. Lately, for instance, is approaching the completion most of them inherent to the consultation with Commi ee commi ees o en failed to a ain of its mandate. There were inception phase. Progressively, members or delegate this task the quorum necessary to conduct three challenging years for both their functioning has improved to another member willing to Members and staff that had to and Assembly Commi ees meetings. As a consequence, become the rapporteur for the break fresh grounds for a new proved that they can handle at the plenary session held on Commi ee. It is important that democratic institution and face law proposals without undue 28 April, the Assembly had to information included in the end- all diffi culties of the start-up delays, while have also started postpone the adoption of three of-mandate report is as accurate phase. Although the Assembly exercising their legislative dra laws based upon the fact and relevant as possible and of Kosovo, neither from po- initiative right. The eventual that relevant commi ees had contains both quantitative and litical nor from procedural adoption on a wide scale, des- not reviewed respective dra point of view has reached the pite initial reservations, of the laws. The Assembly President qualitative assessments. For stage of a fully stable, functional practice of public hearings, is an decided to convene a meeting that reason, ASI partners are and productive legislature, example of successful capacity with commi ee chairpersons to ready to help designing the the experience that has been building eff orts of international address this problem. format of these reports and pro- accumulated during this fi rst donors. Another positive re- Work effi ciency and quality pose a template and a set of term in offi ce should defi nitely mark concerning Commi ee vary from one Commi ee guidelines including examples be recorded, analysed and pas- functioning regards the estab- to another. It is obvious that of questions that would need sed on to the new Assembly, lishing of normal working rela- performance of individual to be answered in the report. which should turn it to good tionships among Assembly Commi ees is directly related The OSCE sponsored Assembly account. In the same time, Members across political and to the professionalism and Website would be a perfect this will be part of the eff ort community spectrum at Com- dedication of Chairpersons. So- means for making the summary of building an institutional mi ee level. However, the me Chairpersons did the best of Commi ees’ work known memory and will also serve executive oversight function to ensure that their Commi ee to the public. Additionally, in the purpose of rendering in- has not been properly exercised complete legislative tasks in autumn OSCE will be ready ternational assistance most sus- either by the Assembly in due time and also tried to get to facilitate the publishing of tainable. general or by its individual involved in controlling go- a compilation of the end-of- Commi ees of the Assembly of Commi ees. Insuffi cient co-ope- vernment activities and ma- mandate reports. ASI newsletter 23 Recent Support Activities EWPPP consults on upcoming elections insightful questions and engaged in discussions on various points of the law during their training sessions. Within the framework of the East West Parliamentary Practice Program (EWPPP) programs Mr. Valk and I, both politicians from The Follow up procedures to the training are being discussed, and will be Netherlands, visited Pristina from 12 to 15 February. During the visit determined over the coming weeks. meetings were held with the leaders and politicians of many political Pat Cadle parties. The main topics in the discussions were the forthcoming NDI Legislative Support Program Director central elections and the work of Commi ees in the Assembly. In discussions it was also clear that the general consensus was that SPEAK Project Mission to the Albanian Parliament the composition of the Assembly would change considerably a er The SPEAK Project Manager traveled to Tirana, Albania, on the elections. The profi t derived from a seminar to address the work February 23rd 2004 with Ms. Norah Babic, Program Offi cer with of commi ees would be more eff ective if the new members could the Inter-parliamentary Union. also a end. The visit enabled the sharing of lessons learned from the SPEAK The meeting with Prime Minister Bajram Rexhepi was very useful. Project with the Albanian Parliamentary Secretariat and Members of He informed us about the level of legislation and the diffi culties Parliament (MPs). Parliamentary offi cials were briefed on the progress encountered in dra ing laws and ge ing them adopted in time by made in laying a proper foundation for se ing up an electronic the Assembly. The role of the international organizations, including document management system at the Kosovo Assembly. The visit the OSCE and UNMiK, was also highlighted. also helped to develop synergy between the Assembly of Kosovo and Last was a visit made to Ismet Beqiri, President of the Pristina the Albanian Parliament that could lead to future joint collaboration. Municipal Assembly, and some of his councilors. It became quite The focus would be on information sharing and lessons learned in clear that Pristina is hampered by similar problems as all cities, only the use of information technology for the reform and management more aggravated. More money is needed to fulfi ll all the relevant of legislative work. The mission gained an appreciation of the well municipal duties, but also the people of Pristina need to be educated organized Library and Research Unit that serves the Albanian in the private tasks citizens of a town have to perform. Parliament. Jan Dirk Blaauw The mission met with the Speaker of the Albanian Assembly, Mr. Political & Economic Consultant, EWPPP Netherlands Servet Pellumbi as well as the Secretary General, Mr. Artan Banushi and a number of his staff . Freedom of Information Training The visit to Tirana was also an opportunity to a end a Seminar on The Role of Parliament in the European Integration Process that was Training on Freedom of Information (FOI), also known as the Access sponsored by the Inter-parliamentary Union in co-operation with the to Public Documents Law took place as scheduled in mid-February Albanian Parliament and UNDP-Albania. and conducted by Dr. Sherrie Wolf. The training was conducted on six separate days, beginning on Friday, 13 February, on which date The agenda featured a number of presentations including the the training for 29 OSCE Democratization Offi cers was held. This was following: mostly an opportunity to demonstrate to the OSCE the manual and • Mr. Ledio Bianku, Director of the European Center and Chairman the training methods NDI planned to use. The OSCE plans to hold of Club 2002 on the role of parliament in the integration process; training sessions itself on the FOI law and asked NDI previously to • Mr. Selami Xhepa, Albanian Center for International Trade share the training manual. regarding the Economic Aspects and the cost of integration for For the week of 16 - 20 February, Dr. Wolf conducted training every Albania; day during the week, devoting Monday and Tuesday to members of • Mr. Mihail Baciu, MP, Parliament of Romania on The Role of the Central Assembly, and the rest of the week to ministry offi cials the Integration Commi ee of the Romanian Parliament in the from both the central PISG and the Municipal governments. The total Integration Process; number of trainees a ending during the entire week was 50, 30 of • Dr. Juhasz Laszlo, European Integration Expert, Parliament of which were various central and municipal-level Ministry offi cials and Hungary on the Role of the Hungarian Parliament in the association 20 were elected members of the Assembly of Kosovo. In addition, Mr. negotiations and the association implementation with the EU in Edmond Efendij a gave an informal training session to a couple of Hungary; members of the Assembly staff . • Mrs. Ermenlinda Meksi briefed the group on the Albanian The trainees who a ended showed lively interest, especially when process. the training exercises were conducted with the ministry offi cials. The seminar was very interactive and received very positive These training exercises simulated events that might transpire comments from the approximately 50 MPs and Assembly staff who when private citizens approach a government offi cial for access to a a ended. A complete set of presentations given in Albanian has been particular document. provided to the Assembly of Kosovo and UNDP-Kosovo. As well, the Members of the Assembly were not given these exercises, because the presentations of Mr. Baciu and Dr. Laszlo are available in English. emphasis in Assembly training was centered upon using the law as Roger F. Roy an oversight tool. However, Assembly members did ask a number of Project Manager, SPEAK Project in Support of the Assembly of Kosovo 24 ASI newsletter

ASI Mission Statement As the inter-agency coordinator of democrati- zation programs to support the Assembly of Kosovo, the Assembly Support Initiative (ASI) seeks to strengthen and professionalise the Assembly of Kosovo in developing skills so that it may become a stable, functional and productive legislative assembly, operating in accordance with the rule of law and on behalf of all communities and citizens equally. Members of ASI will work to bring resources together in a common pool in the furtherance of this goal. The work of ASI will focus on a democratic political culture based upon knowl- edge of and respect for democratic rules of pro- cedure, transparency and accountability to the public, developing and implementing a legis- lative agenda, oversight over the Executive and respect for multi-linguality of the Assembly. As the inter-agency coordinator of support to the Assembly of Kosovo, ASI supports the Assembly via conferences and training, work- shops with the Commi ees, technical assis- tance on the legislative process, advise to the Presidency, Commi ees chairpersons and indi- vidual Assembly Members, working visits to other parliaments, training for the legislative staff and interpreters of the Assembly. The work of advisers and consultants to the Assem- http://www.kuvendikosoves.org bly and its Commi ees is also part of the http://www.skupstinakosova.org ASI-coordination. htt p://www.assemblyo osovo.org

Pictures in this Newsletter: Currently participating in ASI: UNMIK-DPI (p.1, 4, 8, 9); Bota Sot (p. 6); Lumni Rama (OSCE, p. 3, 5, 10, 11, 15, 18, 19, 21, 22, 24); Council for the Defence of Human Rights and Free- Hasan Sopa (OSCE, p. 7, 16); Lubomir Kotec (OSCE, p. 12, 13, 20, 24); OSCE (p. 14, 16) doms (CDHRF), Friedrich Ebert Stift ung (FES), Friedrich Naumann Stift ung (FNS), Konrad Ade- nauer Stift ung, East-West Parliamentary Practice Project (The Netherlands), European Agency of Reconstruction (EAR), United States Agency for International Development (USAID) in co-opera- tion with National Democratic Institute (NDI), United Nations Development Program (UNDP) in co-operation with the Inter-Parliamentary Union AASISI (IPU), Consortium of French, German and Belgian parliament, OSCE Democratization Department NNewsletterewsletter and the Assembly Secretariat with the active sup- BBelgradeelgrade SStreettreet 332,2, 3380008000 PPristinaristina port of the Offi ce of the Prime Minister, UNMIK’s TTel.el. ((+381-38)+381-38) 550000 116262 FFax:ax: ((+381-38)+381-38) 550000 118888 Pillar IV (EU) and the country offi ces in Pristina of coontact:ntact: ffranklin.devriezeranklin.devrieze@@osce.orgosce.org Austria, Belgium, Germany, Italy, The Netherlands, hhttp://www.osce.org/kosovottp://www.osce.org/kosovo Switzerland, United Kingdom and United States. TThehe vviewsiews eexpressedxpressed bbyy tthehe ccontributorsontributors ttoo tthishis NNewsletterewsletter aarere ttheirheir oownwn aandnd ddoo nnotot nnecessarilyecessarily rrepresentepresent tthehe vviewsiews ooff tthehe AAssembly,ssembly, OOSCESCE MMissionission iinn KKosovoosovo oorr tthehe AASISI ppartnerartner oorganisations.rganisations.