Monitoring Reports Compilation 1 December 2007 - 31 December 2008 Assessment of the work of the Assembly of Kosovo OOrrgganizationanization for for Security Security and and Co-operationCo-operation in in Europe Europe ISBN 978-92-9235-523-4 MissionMission in in Kosovo Kosovo Organization for Security and Co-operation in Europe Mission in Kosovo Assessment of the work of the Assembly of Kosovo Compilation of the monitoring reports 1 December 2007 - 31 December 2008 © OSCE Mission in Kosovo, Prishtinë/Priština, 2009 ISBN 978-92-9235-520-3 Organization for Security and Co-operation in Europe Mission in Kosovo Organization for Security and Co-operation in Europe Mission in Kosovo TABLE OF CONTENT Executive Summary ................................................. 7 Pillar III (OSCE) Report 01/2008 (1 December 2007 – 14 February 2008) ................ 11 Pillar III (OSCE) Report 02/2008 (16 February 2008 – 31 March 2008) ..................... 25 Pillar III (OSCE) Report 03/2008 (1 April 2008 – 14 June 2008) ................................ 37 Pillar III (OSCE) Report 04/2008 (15 June 2008 – 31 September 2008) ................... 51 Pillar III (OSCE) Report 05/2008 (1 October 2008 – 30 November 2008) ................ 65 Pillar III (OSCE) Report 06/2008 (1 December 2008 – 23 December 2008) .............. 79 Organization for Security and Co-operation in Europe Mission in Kosovo Organization for Security and Co-operation in Europe Mission in Kosovo Executive summary The OSCE Mission in Kosovo (Organisation for Security and Co-operation in Europe) began monitoring the Assembly of Kosovo in December 00 at the request of the Special Representative of the Secretary-General of the United Nations Mission in Kosovo (UNMIK). The objective of monitoring the Assembly is to observe and report upon the proceedings and deliberations of the Assembly to monitor and help ensure compliance with the rules of procedure of the Assembly and with democratic principles and standards concerning, inter alia, equal access to and participation in Assembly proceedings by all members of the Assembly, the legislative process, the voting process, parliamentary oversight of the executive and ease of access by the public to information on the Assembly’s deliberations. In the period from December 00 to December 008, the OSCE Mission in Kosovo produced six analytical monitoring reports focusing on the above topics, which are included in this compilation. During the review period, the OSCE Assembly monitors have monitored forty-three plenary sessions, thirty-five presidency meetings, one hundred and seventy-eight committee meetings and four public hearings. During the review period, the OSCE Assembly monitors noted an overall positive trend in Assembly proceedings, but also observed some challenges and deficiencies in the legislative process, parliamentary oversight of the executive and accountability to the public, as described below. Organization for Security and Co-operation in Europe Mission in Kosovo Following the November 00 parliamentary elections and at the beginning of its third mandate, the Assembly Committee for Mandate, Immunity and Rules of Procedure started to review the rules of procedure, as is required by the current rules of procedure. As part of this review, the committee conducted a seminar in Ohrid, Former Yugoslave Republic of Macedonia in July, facilitated by OSCE, which provided an opportunity to prepare an initial draft of revised rules of procedure. Based upon the findings and observations of its monitoring team during the second mandate of the Assembly, the OSCE provided a number of procedural suggestions and inputs for revision of the rules of procedure. In November, the committee finalised the draft of the rules of procedure, which was endorsed in principle by the Assembly at the December 008 plenary session. After the endorsement of the draft, each parliamentary group and individual members of the Assembly had the right to make suggestions, and the draft rules of procedure are expected soon to be adopted by the Assembly. During the February 008 plenary session, the Assembly adopted a procedural motion departing from the rules of procedure in order to review and approve the laws envisaged in the UN Special Envoy’s “Comprehensive Proposal for Kosovo Status Settlement” (hereinafter, Comprehensive Proposal). During the reporting period, the Assembly approved forty laws related to the Comprehensive Proposal. According to the procedural motion, the laws shall be reviewed and approved within two days after their submission to the Assembly and financial statements of laws shall be submitted by the government to the Assembly within 0 days and no later than 80 days after the approval of laws. Nevertheless, during the reporting period, it appeared that the government had not submitted financial statements for a considerable number of laws related to the Comprehensive Proposal, which were nonetheless approved by the Assembly during the 80 day period, allowed by the procedural motion. The legislative process improved noticeably, but the committees had difficulties in scrutinizing draft legislation in a timely manner. According to the rules of procedure, when a committee has been designated to scrutinize a draft law, it shall report its recommendations to the Assembly no later than two months after the first reading, unless an extension is approved by the Assembly. The OSCE Assembly monitoring reports noted that the Assembly committees routinely submitted recommendations to draft legislation well after the deadline referred to above, without asking the Assembly to extend the deadline. Therefore, during the revision of the rules of procedure described above, the OSCE recommended to the Committee for Mandate, Immunities and Rules of Procedure to extend the deadline for the scrutiny of draft legislation in order to give more time to committees to scrutinize draft legislation in a qualitative manner. With regard to the oversight of the executive, four interpellation motions have been submitted to the government and debated in plenary sessions during the review period. Additionally, members of the Assembly have submitted questions for oral answers to the government, to which 0 received answers. Despite some positive developments, the Assembly had difficulties in managing the question Organization for Security and 8 Co-operation in Europe Mission in Kosovo periods in an efficient way and securing the full response of the government. The members of the Assembly submitted a large number of questions, which resulted in many questions being postponed from one session to another, because the time for the question period expired before all questions could be addressed. In addition, the absence of ministers resulted in many questions being postponed. In its monitoring reports, the OSCE recommended that the Assembly should either extend the question period or limit the number of questions per member in order to give the opportunity to all members who submit questions to put them forward and receive a response. Additionally, the OSCE advised that the Assembly should make more efforts and use its authority to ensure the government’s presence at plenary sessions, which is an important aspect of parliamentary oversight. At the February 008 plenary session, the president of the Assembly announced that the Assembly would publish on its website the records of electronic votes of plenary session decisions starting from the February 008 session. Following the president’s announcement, the Assembly published on its website the records of electronic votes of several plenary sessions until the June 008 plenary session, but failed to do so after this date. The OSCE has continued to strongly recommend that the Assembly publish the records of electronic votes in a consistent manner in order to enhance the transparency of the Assembly, especially members’ accountability to their constituents. At the December 008 plenary session, the Assembly decided to end the mandate of Mr. Sabit Rrahmani (PDAK), representing the Ashkali community, as a member of the Assembly. On September 008, Mr. Rrahmani reached the limit of six months of abstention from Assembly proceedings. According to the rules of procedure, if a member of the Assembly throughout a period of six months attends none of the sessions of the Assembly or of a committee, of which he/she is a member, and cannot show good cause to the satisfaction of the president of the Assembly, the president shall propose to the Assembly that the member concerned cease to be a member. The rules likewise require the opinion of the Committee on Mandate, Immunity and Rules of Procedure on such a matter. Therefore, based on the rules of procedure, the president of the Assembly recommended that Mr. Rrahmani’s mandate be ended, which was supported by the Committee on Mandate, Immunity and Rules of Procedure. This was the first time that the Assembly of Kosovo decided to end the mandate of one of its members. Through this compilation of analytical monitoring reports, the OSCE endeavours to offer recommendations to members of the Assembly, which may assist in the efficient functioning of the Assembly and enhancement of democratic parliamentary practice. Organization for Security and Co-operation in Europe Mission in Kosovo Organization for Security and 0 Co-operation in Europe Mission in Kosovo Organization for Security and Co-operation in Europe Mission in Kosovo Pillar III (OSCE) Report 01/2008 On the Monitoring of the Assembly