Final Report External Review of the Decentralisation and Municipal Support Project - DEMOS

Total Page:16

File Type:pdf, Size:1020Kb

Final Report External Review of the Decentralisation and Municipal Support Project - DEMOS Final Report External Review of the Decentralisation and Municipal Support Project - DEMOS swisspeace, May 2016 Matthias Boss, swisspeace Krenar Loshi, Independent Consultant Dukagjin Popovci; Kosovo Education Centre Table of contents List of abbreviations iii 1 Background and methodology 1 1.1 Background and objective of the review 1 1.2 Methodology of the review 1 1.3 Theory of Change guiding the review 2 2 Context and Stakeholder Analysis 3 2.1 Overall context related to decentralization and municipal governance 3 2.2 Major challenges related to local governance in Kosovo 4 2.2.1 General situation ..................................................................................................................4 2.2.2 Electoral system and political culture ..................................................................................4 2.2.3 Clientelism ...........................................................................................................................5 2.3 Stakeholder Analysis 6 3 Assessment of DEMOS Phase I 8 3.1 Relevance 8 3.1.1 Overall relevance of the project ...........................................................................................8 3.1.2 Relevance of objectives and approaches ............................................................................9 3.1.3 Relevance of DEMOS considering the overall donor landscape...................................... 12 3.2 Effectiveness 12 3.2.1 Preliminary remarks .......................................................................................................... 12 3.2.2 Main results achieved in DEMOS I ................................................................................... 12 3.2.3 Results achieved at the levels of overall goal, outcomes and outputs ............................. 15 3.2.4 Major factors influencing the achievement of results ....................................................... 21 3.2.5 Major factors hampering the achievement of results ........................................................ 21 3.2.6 Mainstreaming Transversal Themes ................................................................................ 21 3.3 Efficiency / Implementation 22 3.3.1 Management structure ...................................................................................................... 22 3.3.2 In- and out-sourcing. ......................................................................................................... 22 3.3.3 Use of country systems .................................................................................................... 22 3.3.4 Choice of municipalities – geographical coverage ........................................................... 23 3.3.5 Coordination and cooperation with other SDC funded projects ....................................... 23 4 Recommendations for the design of the second phase of DEMOS 24 5 Annexes 29 5.1 Stakeholder analysis 29 5.2 Selection criteria for municipalities in DEMOS Phase I 33 5.3 Terms of Reference 34 5.4 Mission schedule 40 i 5.5 List of interviews 43 5.6 Documents consulted 45 ii List of abbreviations AAK Alliance for the Future of Kosovo AKM Association of Kosovo Municipalities AKR New Kosovo Alliance CC Communities Committee CG Control Group CSO Civil Society Organization DEMOS Decentralization and Municipal Support Project DSP Democratic Society Promotion Project EU European Union GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit KCSF Kosovar Civil Society Foundation KIPA Kosovo Institute of Public Administration LDK Democratic League of Kosovo MA Municipal Assembly MLGA Ministry of Local Government Administration MoF Ministry of Finance MPA Ministry of Public Administration NAO National Audit Office OECD Organization for Economic Cooperation and Development OSCE Organization for Security and Cooperation in Europe PBGS Performance Based Grant Scheme PFC Policy and Finance Committee PDK Democratic Party of Kosovo POE Publicly Owned Enterprises SAEK Support to Anti-Corruption Efforts in Kosovo Project SCO Swiss Cooperation Office SIDA Swedish International Development Cooperation Agency SDC Swiss Agency for Development and Cooperation SLS Independent Liberal Party ToC Theory of Chang ToR Terms of Reference UNDP United Nations Development Program UNMIK United Nations Mission in Kosovo USAID United States Agency for International Development iii 1 Background and methodology 1.1 Background and objective of the review SDC’s Decentralization and Municipal Support (DEMOS) project has been implemented since July 2014. This first project phase is coming to an end in December 2017. In view of design of the next phase of the project, SDC commissioned an external review of the Project which according to the Terms of Reference (see Annex 3) is (i) “to assess and document results and shortfalls of DEMOS phase I (in terms of relevance, effectiveness, sustainability and impact) as well as (ii) to identify and recommend main elements of DEMOS phase II, adhering to the frame given by the new cooperation strategy 2017 to 2020”. 1.2 Methodology of the review The review’s methodological approach corresponds to a formative evaluation with theory-based elements (i.e. theories of change). The review process started off by reviewing the existing at times implicit Theory of Change of the Project and making it explicit by visualizing it. The reconstructed Theory of Change depicts in a graphic and logic manner the Projects interventions and how these are to lead to achieving the anticipated changes and attaining the objectives of the Project. The theory of change has, thus, provided the base for testing relevant assumptions and guided subsequent interviews by the review team. The review process consisted of the following steps: Clarification of mandate: The mission team discussed the understanding of the mandate, expectations and methodologies to be applied with persons in charge at the SCO in Pristina and well as with SDC representatives in Bern. Desk review of relevant documents: Documents provided by the SCO and DEMOS and other documents obtained through own literature search were analyzed. A list of consulted documents can be found in Annex 5. Review of Theory of Change: The explicit and implicit Theory of Change of the Project was reviewed and visualized to serve as a basis for the review. Interviews: Jointly with the Swiss Cooperation Office a list of relevant interview partners was developed. Interviews with relevant government officials, representatives of municipalities, donors, CSOs, contractors and individual were held (see Annex 4). Interim discussion with SCO and DEMOS: The initial impressions were discussed after the first week of meetings with the SCO and DEMOS management testing the consultants’ hypotheses and provisional recommendations. Validation of initial findings with SCO and DEMOS: Towards the end of the mission another meeting was organized with the SCO and DEMOS management with the objective to discuss and validate the main findings and recommendations. Preparation of report: This report was prepared based the mission findings and the reflection with the SCO and DEMOS. The mandate was realized by one Swiss consultant, Matthias Boss, from swisspeace and a two local experts, Krenar Loshi and Dukagjin Popovci. Acknowledgement The consultants thank SDC, especially the SCO and the DEMOS team in Prishtina, which organized the mission very well, including the facilitation of identifying local experts, supporting developing the mission program, arranging meetings and translators. 1 1.3 Theory of Change guiding the review The external review is based on Theory of Change (ToC) underlying the DEMOS Project design and implementation. It is presented below. 2 2 Context and Stakeholder Analysis 2.1 Overall context related to decentralization and municipal governance Nine years after Kosovo’s declaration of independence, and despite the powerful backing of decentralization policies by the international community, there are still major issues in building a strong local governance system. In general, local administrations continue to be weak, dependent on central government financing and often confused over the changing legal framework and its impact on their responsibilities and competencies. Local governance in Kosovo, in constitutional and legal terms enjoys a high level of autonomy. However, it is limited in terms of financial resources and human capacity, and therefore delivers inefficient and ineffective public services. Furthermore, Kosovo still continues to encounter major issues with the integration of northern municipalities in the unique system of governance. The EU progress report for 2016 recognizes the improvement in municipal compliance with the law on local self-government, however, pointing out a range of issues related to local level capacities and the issue of transparency and accountability, particularly in regard to the municipal assemblies’ oversight role. Following the setup of broad international presence in Kosovo in 1999, local government has been subject to a range of reform strategies over the years with several overlapping and others even contradicting each other. The current legislation still has incoherencies which impact the efficient delivery of services to citizens. In addition, there are significant differences between the municipalities in terms of their human and financial capacity. Some of the new1 smaller municipalities such as Partesh, Ranillug, Kllokot and Junik are rather inexperienced in managing
Recommended publications
  • Europe Report, Nr. 120: Kosovo
    IZBORI PREKRETNICE NA KOSOVU 21 Novembar 2001 Priština/Brisel ICG Balkans Report N° 120 TABLE OF CONTENTS REZIME I PREPORUKE ............................................................................................................................i I. UVOD....................................................................................................................................................1 II. STRUKTURE SAMOUPRAVE.........................................................................................................2 A. REZOLUCIJA SAVETA BEZBEDNOSTI UJEDINJENIH NACIJA BR. 1244 .......................................................2 B. USTAVNI OKVIR .........................................................................................................................................3 C. INSTITUCIJE PRIVREMENE SAMOUPRAVE ..................................................................................................4 1. Skupština..........................................................................................................................................4 2. Vlada ................................................................................................................................................6 3. Predsednik........................................................................................................................................7 III. STRANKE KOSOVSKIH ALBANACA...........................................................................................7 A. DEMOKRATSKI SAVEZ KOSOVA
    [Show full text]
  • Contestation of Kosovo's Statehood from Within: EULEX Judges Adjudicating Privatization Matters Through 'Status Neutrality
    Review of Central and East European Law 45 (2020) 432-443 Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’ Kushtrim Istrefi Assistant Professor of Human Rights Law and Public International Law, Utrecht University, Utrecht, The Netherlands; Member of the Netherlands Institute of Human Rights and Utrecht Centre for Accountability and Liability Law, Utrecht, The Netherlands [email protected] Abstract Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges working on privatization matters, “simply continued to ignore the existence of Kosovo as an independent State and its legislation emanating from its Assembly”. The kcc stated this after eulex judges working on privatization matters had refused to respect Kosovo laws and institutions subsequent to the 2008 Kosovo Declaration of Independence. This paper explores the judicial dialogue on Kosovo’s independence between eulex judges and the kcc and identifies the limitations and risks of the ‘status neutral’ policy applied by international organizations to collaborate with Kosovar institutions without prejudging its political status. This submission suggests that ‘status neutrality’ leads to either acceptance or contestation of Kosovo’s statehood and thus brings more uncertainty than clarity to Kosovo’s position in international relations. Keywords Kosovo – eulex – status-neutrality – contested statehood – international organizations © KUSHTRIM ISTREFI, 2020 | doi:10.1163/15730352-bja10036 This is an open access article distributed under the terms of the CC BY-NCDownloaded 4.0 license.
    [Show full text]
  • Integration of Serb Judges and Prosecutors from the North Into the Kosovar Justice System
    Policy Analysis No. 11/2018 Going south? Integration of Serb Judges and Prosecutors from the North into the Kosovar Justice System _ November 2018 1 Group for Legal and Political Studies is an independent, non-partisan and non-profit public policy organization based in Prishtina, Kosovo. Our mission is to conduct credible policy research in the fields of politics, law and economics and to push forward policy solutions that address the failures and/or tackle the problems in the said policy fields. legalpoliticalstudies.org 2 Policy Analysis 11/2018 Going south? Integration of Serb Judges and Prosecutors from the North into the Kosovar Justice System Authors: Rreze Hoxha*, Francisco José García Martínez ** November 2018 © Group for Legal and Political Studies, November, 2018. The opinions expressed in this document do not necessarily reflect those of Group for Legal and Political Studies donors, their staff, associates or Board(s). All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any mean without the permission. Contact the administrative office of the Group for Legal and Political Studies for such requests. Group for Legal and Political Studies “Rexhep Luci‟ str. 16/1 Prishtina 10 000, Kosovo Website: www.legalpoliticalstudies.org E-mail: [email protected] Tel/fax.: +381 38 234 456 * Research Fellow, Group for Legal and Political Studies, Prishtina ** International Research Fellow, Group for Legal and Political Studies, Prishtina “This publication is published by the support of the Democratic Society Promotion (DSP) – financed by the Swiss Development and Cooperation Office (SDC) and Danish Ministry of Foreign Affairs (DANIDA), and managed by the Kosovo Civil Society Foundation (KCSF).
    [Show full text]
  • Community Rights Assessment Report Fourth Edition
    COMMUNITY RIGHTS ASSESSMENT REPORT FOURTH EDITION NOVEMBER, 2015 Cover photograph: OSCE/Šehida Miftari, March 2015 Organization for Security and Co-operation in Europe MISSION IN KOSOVO Community Rights Assessment Report Fourth Edition November, 2015 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................................... 4 INTRODUCTION ...................................................................................................................................... 5 1. INTER-COMMUNITY DIALOGUE ..................................................................................................... 6 Inter-ethnic dialogue and dealing with the past ................................................................................ 6 Education and dialogue ...................................................................................................................... 7 2. SECURITY AND JUSTICE SYSTEM ..................................................................................................... 9 Security trends and responses ............................................................................................................ 9 Rule of Law ....................................................................................................................................... 11 Property rights and reduction of backlog ......................................................................................... 13 Access to Justice ..............................................................................................................................
    [Show full text]
  • POLITIČKA UPOTREBA TRADICIJE CRNOJEVIĆA U XVIII I XIX VIJEKU Živko M
    POLITIČKA UPOTREBA TRADICIJE CRNOJEVIĆA U XVIII I XIX VIJEKU Živko M. Andrijašević Nacionalni i državotvorni pokreti balkanskih naroda, tokom XVIII i XIX vijeka, često su u srednjovjekovnoj državnoj tradi - ciji tražili ideološka uporišta za svoje političke ciljeve ili izvorišta svog političkog legitimiteta. Činjeno je to zbog toga što je svaka politička ideja XVIII i XIX vijeka, za koju se mogla pronaći istorijska osnova u srednjovjekovnoj državnoj tradiciji, doživljavana utemeljenom i opravdanom, dok je njeno prih - vatanje i slijeđenje, dobijalo ponekad značenje nacionalne oba - veze. Jedan primjer takvog korišćenja srednjovjekovne državne tradicije, odnosi se na upotrebu tradicije dinastije Crnojević u Crnoj Gori tokom XVIII i XIX vijeka. Dinastija Crnojević vladala je Zetom (Crnom Gorom) u dru - goj polovini XV vijeka. Prvi od tri vladara iz te dinastije, Stefan (Stefanica), došao je na čelo zetske države 1451. godine, a vla - dao je do 1464/65. godine. Naslijedio ga je sin Ivan, koji je vla - dao do 1490. godine. Ivan Crnojević se na početku vladavine su - kobio s Mletačkom Republikom, od koje je bezuspješno po ku - šavao da uzme pośede oko Kotora. Kad je njegovoj državi zapri - jetila opasnost od Osmanskoga carstva, izmirio se s Repu bli - kom. Ipak, Osmansko carstvo primoralo ga je na vazalni po ložaj i plaćanje godišnjega danka (1471). U vrijeme mletačko-osman - www. maticacrnogorska.me MATICA, zima 2010. 563 Živko M. Andrijašević skoga sukoba oko Skadra (1474), prešao je na stranu Mletačke Republike. Da bi osnažio odbranu svoje države, podigao je tvr - đavu Obod (1475). Kao mletačkoga saveznika osmanske snage su ga napale 1479. godine, pa je morao da pobjegne iz zemlje.
    [Show full text]
  • CROSS BORDER COOPERATION in SHKODRA Prospective Euro-Region Or a Pending Effort?
    ALBANIAN INSTITUTE FOR INTERNATIONAL STUDIES CROSS BORDER COOPERATION IN SHKODRA Prospective Euro-Region or a Pending Effort? Tirana, 2006 1 Principal Researcher Gjergji Vurmo Editor Eno Trimçev ©Copyright 2006 Albanian Institute for International Studies (AIIS) Albanian Institute for International Studies (AIIS) Rr. “Deshmoret e 4 Shkurtit”, Nr. 7/1, Tirana, Albania Tel: + 355 42 488 53 Fax: +355 42 703 37 E-mail: [email protected] Website: http://www.aiis-albania.org 2 Acknowledgements ________________________________________________________________________ The Albanian Institute for International Studies (AIIS) is grateful to the US Embassy in Tirana for the financial support granted for the implementation of this project. We would like to thank in particular a large number of experts and local stakeholders in Shkodra whose input was crucial for the preparation of this study. AIIS takes this opportunity to express its gratitude to the Municipality of Shkodra, “Luigj Gurakuqi” University, Regional Environment Center (Shkodra Office), ACIT (Tirana), Chamber of Commerce (Shkodra), Shkodra Prefecture, GTZ (Tirana Office), as well as other institutions for their generously provided assistance during the field work and the round table consultations. We would also like to thank Ms. Zemaida Kastrati – Mozali, Mrs. Djana Bejko, Mr. Anton Leka, Mr. Ilir Ciko, Mr. Bledar Striniqi, Mr. Ismail Beka, Mr. Daniele Pedretti for contributing their fresh points of view and valuable suggestions and valuable expertise to this work. 3 Table of Contents
    [Show full text]
  • Kosovo in Figures, 2005 11/05/2006
    Institucionet e Përkohshme Vetëqeverisëse / Privremena Institucija Samouprave / Provisional Institutions of Self Government Qeveria e Kosovës / Vlada Kosova / Government of Kosovo Ministria e Shërbimeve Publike / Ministarstvo javnih službi / Ministry of Public Services Series 1: General Statistics Kosovo in figures 2005 Introduction The publication “Kosovo in Figures 2005” is a so-called horizontal statistical publication comprised of statistics from many fields/areas. Theoretically, it should have covered “all” areas, but the current Kosovo statistical system is non all- inclusive. Kosovo Statistical Office (SOK) is planning to have this publication annually published in the future. The aim of this publication is that the basic statistical data on social and economic situation in Kosovo be available to a large number of readers. Users who need more detailed statistical data or information on available publications, as well as want to get familiar with the SOK activities, can find more information on the SOK website: www.ks-gov.net/esk. The said project is a continuous contribution and work of Distribution Statistics staff headed by the Senior Officer on horizontal publications, Drita Sylejmani and the Distribution Manager, Servete Muriqi. The statistical data presented in this publication originate from SOK surveys, as well as other data produced by the departments of production statistics. Any comments on this publication are welcome in order to improve the future versions of this publication Acting SOK Chief Executive Officer January,
    [Show full text]
  • Legal Context
    Child Marriage in Kosovo (UNSC 1244) (Summary) We had no choice. My family and my uncle’s family lived in a very small house. We had to leave the house as soon as we could because we had no space. So my father arranged a In Kosovo (UNSC 1244) marriage for me. —Child spouse today, child marriage Legal context is relatively rare, but it Although Kosovo1 is not a member of the United Nations or the Council of Europe, several international mechanisms, laws, and regulations are applicable. The Universal Declaration of continues to be practised Human Rights, included in Kosovo’s Constitution, recognizes the right to consent to marriage. The Convention on the Rights of the Child (CRC) and the Convention on the Elimination of among certain communities All Forms of Discrimination Against Women (CEDAW) are also in the Constitution. NGO representatives interviewed for this research observed that laws protecting children’s rights are poorly and/or ethnic groups, most implemented in practice, and that there are few state resources available for services to protect children and promote their interests. Under the Family Law of Kosovo, a child is a person under age 18. notably, but not exclusively, It is unclear whether an adolescent under 18 who marries attains legal capacity. Roma, Ashkali, Egyptians, Marriages can only take place with the full and free consent of both parties, and both would-be spouses must be over 18. However, courts may allow a minor over the age of 16 to marry if the person and Gorani. has reached the ‘necessary physical and psychological maturity’ for exercising marital rights and fulfilling marital obligations.
    [Show full text]
  • Report on the Administrative Justice System in Kosovo
    Organization for Security and Co-operation in Europe Mission in Kosovo Department of Human Rights, Decentralization and Communities Legal System Monitoring Section REPORT ON THE ADMINISTRATIVE JUSTICE SYSTEM IN KOSOVO APRIL 2007 TABLE OF CONTENTS GLOSSARY................................................................................................................................................3 EXECUTIVE SUMMARY ............................................................................................................................4 I. INTRODUCTION ..................................................................................................................................................... 5 II. THE ADMINISTRATIVE LAW FRAMEWORK IN KOSOVO ................................................................... 5 A. Administrative review .....................................................................................................6 B. Judicial review.................................................................................................................6 III. SHORTCOMINGS IN THE APPLICABLE LAW ..................................................................................... 8 A. Law on Administrative Procedure...................................................................................8 1) Determination of the applicable law in administrative procedure ...................................8 2) Legal remedies ................................................................................................................8
    [Show full text]
  • Post Conflict Peacebuilding in Kosovo1. Milestones, Actors and People
    Post Conflict Peacebuilding in Kosovo1. Milestones, Actors and People. MSc, MA Albana Gërxhi Peace Human Rights Alumni Association Human Rights Centre, University of Padua, Padua Italy Abstract This article presents and analyses the postconflict peacebuilding actions in Kosovo. It aims to bring a picture of external and internal actors involved in such a process from the end of the conflict up to date. The article challenges peace process in Kosovo through the issues emerging in the Society due to the unsettled status enduring as of Security Council Resolution 1244. It is structured into three sections. The first section analyses the postconflict peacebuilding and statebuilding actions undertaken by external and internal actors right after the conflict. The second section deals with the issue of transitional justice as a key element on peacebuilding and how it was addressed. Whereas the third section analyses the current situation of the population with the issues inherited from the conflict and others emerged due to undefined actions of external and internal actors. Keywords: peacebuilding; external actors; statebuilding; UN; EULEX; citizens; transitional justice Introduction Kosovo is an adventurous tale to hear about, a sad poem of mothers and lovers, a very rich land of peaceful people that of such peace and richness have enjoyed little. The black birds of her skies are witness of old battles with Ottoman Empire, new ones among Serbians and Albanians and everything in the between. Kosovo is a sacred grief, a chosen trauma2. Yet is a country which has been subject to all sorts of (neo) imperial interventions and experiments3. In Kosovo the cold war has not ended US and Russia continue to show their power struggle and play their political games.
    [Show full text]
  • “Everything Is Politicized”
    2010 “Everyth ing is politicized” Competing governments in Strpce/Shtërpcë, Kosovo Abstract: The aim of the research is to gain insight into the practices of parallelism and the influence of framing on this governance system. I obtained this information by taking one municipality, Strpce/Shtërpcë, as a case study. While living there for three months, I analyzed the everyday reality of life for citizens and the local governments. Strpce/Sthërpcë, a municipality in Kosovo of which the population consists of a Serbian majority, has two parallel sets of government related institutions. The governments compete and both claim to be the only legitimate ruler in the municipality. Both base their legitimacy on the claim that the territory is indivisible. Peaceful development in parallelism in Strpce/Shtërpcë will only be achieved when the framing of the situation changes. Significant herein is the inclusion of the youth. By looking into the practices of Strcpe/Shtërpcë I found signs of the dynamics of framing and possibly the weakening of the ‘indivisibility frame’. However regarding subjects that have to do with culture, history or language the indivisibility frame is still strong. Merel Heijke University of Wageningen 1-11-2010 “Everything is politicized” Competing Governments in Strpce/Shtërpcë, Kosovo Merel Heijke MSc ‘International Development Studies’ University of Wageningen 1 November 2010 2 Colofon © 2010 All rights reserved. No part of this publication may be reproduced or distributed in any form of by any means, without the prior consent of the authors. This thesis is produced by Merel Heijke, student of Wageningen University in the Netherlands, as part of her MSc-programme.
    [Show full text]
  • Reforms and Governance Within the Higher Education System of Kosovo
    Reforms and Governance within the Higher Education System of Kosovo By Granit Jakupi Submitted to Central European University Department of Economics In partial fulfillment of the requirements for the degree of Master of Arts in Economic Policy in Global Markets Supervisor: Professor Lajos Bokros CEU eTD Collection Budapest, Hungary 2013 i ABSTRACT A number of studies worldwide, for several decades, have placed considerable importance on higher education when analyzing the potential that this system has in improving the economic development and mitigating the poverty among developing countries. This thesis investigates how the higher education system is affecting the unemployment level among educated workforce. It has been structured using a descriptive study design by mapping out the issues and providing solutions from the perspective of policy makers responsible for the higher education system. The theoretical framework has been derived based on institutional theories of higher education and literature on human capital. The core findings from this study resulted from extensive field research and analysis of statistics. The results suggest that the higher education system in Kosovo is poorly structured and it is identified as the main contributor to the unemployment level among educated workforce. Additionally, those findings suggest that the root, risks, and response is located to central institutions and it is in their hands to tackle the issue of jobless graduates within the country of Kosovo. Finally, the policy recommendations are formed following the data suggestions and they represent joint efforts of higher education institutions to undertake policy reforms in restructuring and improving the system. CEU eTD Collection ii ACKNOWLEDGEMENTS I would like to express my gratitude for Professor Lajos Bokros, for his enthusiastic encouragement, patient guidance, and valuable critiques through this thesis work as well as my studies at the Central European University.
    [Show full text]