The Joint Interim Administrative Structure (JIAS)
has been administering Kosovo since February 2000 when it officially
replaced all previous parallel structures for revenue collection and
provision of public services. Intended as a provisional set of institutions,
it will continue until democratic elections enable the establishment
of a more permanent structure.
At the centre, the structure has three distinct elements
(chart one): the Office of the Special Representative
of the Secretary-General (SRSG), the Kosovo-wide oversight and advisory
organs representing Kosovo's institutions and political groupings, and
the Pristina-based administrative departments responsible for administration,
service delivery and revenue collection. At the municipal level, a second
level of administrative organs comprises the offices of the UNMIK municipal
administrators, administrative councils representing local institutions
and parties, and administrative boards with recruited members responsible
for local services. Neither level includes the police service, which
remains solely an UNMIK responsibility.
The mandate for such a sharing of administration is
rooted in UN Security Council Resolution 1244, which on 10 June 1999
set out the tasks for the international presence in Kosovo. Among the
responsibilities it assigned to UNMIK was "organizing and overseeing
the development of provisional institutions for democratic and autonomous
self-government pending a political settlement" and "transferring,
as these institutions are established, its administrative responsibilities
while overseeing and supporting the consolidation of Kosovo's local
provisional institutions and other peace-building activities."
Oversight and advisory organs
The Interim Administrative Council
(IAC) makes policy recommendations, serves as an advisory cabinet
for the SRSG and acts as an executive board for the JIAS. It achieved
its full membership on 11 April when the Serb National Council nominated
its representative to attend as an observer. As the JIAS executive board,
the IAC meets twice each week. It defines the policies that the other
JIAS components. the 20 administrative departments and the municipal
structures will follow. It also recommends new regulations and amendments
to applicable law.
The Kosovo Transitional Council
(KTC), nominally with 36 members who represent the full spectrum
of Kosovo society, meets weekly. The highest-level advisory body of
Kosovars to UNMIK since it was established in July 1999, the Council
was expanded under the JIAS Agreement of 15 December 1999 in order to
better reflect the pluralistic composition of Kosovo. This increased
the representation of political parties, and brought in representatives
of minority and religious communities, as well as members of civil society.
Administrative departments
The interim administrative
departments are fully operational when they have appointed Co-Heads
and regulations promulgated by the SRSG (see chart
two). Each administrative department, along with four independent
agencies, is co-directed by a Kosovo nominated by a particular political
party and one by a senior UNMIK international staff member. Both Co-Heads
are subject to SRSG approval. As a group, the Kosovar Co-Heads reflect
a formula agreed by the Interim Administrative Council under which co-management
of the departments is shared among the three IAC members' parties, three
national communities (Serb, Bosniac and Turk) and a political independent.
Municipal councils and boards
An integral part of the JIAS, the municipal boards
and councils are the instruments for decentralizing the management and
delivery of many public services to a level where they can be influenced
by the communities they serve. The administration of each municipality
and day-to-day running of its services is the responsibility of a Municipal
Administrative Board, headed by the UNMIK Municipal Administrator. The
Administrator may appoint a president and vice-presidents of the Board,
as well as department heads.
While the Municipal Board acts as the executive body
at the local level, it is guided in terms of policy by its Municipal
Council, whose President and members represent a spectrum of local opinion.
Pending municipal elections, they are also appointed and headed by the
respective Municipal Administrator.
JIAS principles
The role and functions of the JIAS and its components
bodies were set out in UNMIK Regulation 2000/1, of 14 January 2000.
This largely incorporates the JIAS Agreement of December 1999, signed
by the leaders of three major Kosovo Albanian political parties (those
present at the Rambouillet talks). Hashim Thaçi of the PDK, Ibrahim
Rugova of the LDK and Rexhep Qosja of the LBD.
The Agreement binds its signatories to participate
in the JIAS, which will be governed by the following principles:
- Share provisional interim management of
Kosovo with UNMIK, while respecting UN Security Council Resolution
1244 and the legislative and executive authority retained by the SRSG;
- Reach decisions in conformity with the Applicable
Law in Kosovo;
- Transform and progressively integrate all other
executive, legislative or judicial structures into the JIAS;
- Involve all communities in Kosovo in the provisional
administrative management.
UNMIK recognized the need to incorporate local leadership
in the running of Kosovo in order to dismantle parallel structures of
various governments and to enable cohesive governance under the guidance
of the United Nations. On 1 February 2000, the IAC agreed. It endorsed
the immediate dissolution of parallel structures, defined as any body
not authorized under Resolution 1244 that claimed or attempted to exercise
any form of public authority in Kosovo. Thus, on that date, the 'Provisional
Government of Kosovo,' the 'Presidency of the Republic of Kosovo' and
the 'Parliament of the Republic of Kosovo' ceased to exist. Funds which
supported those structures should be transferred to theKosovo
Consolidated Budget. As well as KFOR, the UNMIK Police, UNMIK Civil
Administration, the Central Fiscal Authority and
UNMIK Customs Service, the signatory parties themselves were asked to
identify any parallel activities which had not stopped.