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In-depth Kosovar involvement

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From joint administration to self-government
"The best preparations we make is the delivery of a sound set of regulations, directives and instructions, and civil service institutions ready to take up the challenges of self-government. The more we focus on creating an efficient, democratic and impartial civil service, the better. We have to prove it works. No future government will be able to function without an efficient executive."

Tom Koenigs, DSRG,
Civil Administration
May 2001

Security Council Resolution 1244 enjoins UNMIK both to develop provisional institutions for democratic and autonomous self-government and to transfer its administrative responsibilities to them. These processes are taking place in three stages: initially agreement on the joint administrative structure in December 1999; setting up of local self-government following the October 2000 elections; and, still to come, establishment of Kosovo-wide self-government following the November 2001 election t (see p20).

Involving all UNMIK pillars, the endeavour calls for the design of a large number of administrative and support institutions. It also needs the development of a professional civil service at central and local levels. Extensive capacity-building for the personnel who share their running, and, in part, eventually took them over has become a major undertaking. Since early 2000, the centre-piece of this effort has been the the Joint Interim Administrative Structure (JIAS).

Formally, the Joint Structure has administered Kosovo since February 2000 when it officially replaced all previous parallel structures for revenue collection and provision of public services. Comprising the Kosovo Transitional Council (KTC), the Interim Administrative Council (IAC), and 20 separate administrative departments -prototypes of future ministries -and some ten independent agencies, the JIAS brings Kosovo politicians, professionals and general service staff together with internationals in a partnership reaching to the highest levels of decision-making. Both learn from each other; Kosovars, in particular, learn how to run a modern and democratic executive.

Always intended to reflect political support as well as represent civil society, the high JIAS organs were adjusted following the October 2000 local government election. Thus, the third largest party (the AAK) joined the two leaders (LDK and PDK) in the IAC and the KTC. A second Turkish representative completed the representation of of the Turkish political parties in the KTC. Kosovo Serbs are represented by three members of the Serb National Council and a representative of the Serb Orthodox Church.

A Kosovo resident and a senior UNMIK official, both designated as Co-Heads, co-direct each administrative department and serve as members of the SRSG's Council of Co-Heads. Thus, the IAC, the KTC and the Council of Co-Heads together constitute the most important mechanisms for coordination between UNMIK and the Kosovar leadership.

"Cabinet" role

The IAC makes policy recommendations, serves as an advisory cabinet for the SRSG, and acts as an executive board for the JIAS.

It consists of eight members-three Kosovo Albanian political leaders and a representative of the Kosovo Serb community, as well as four UNMIK members-plus an observer for each side. The Head of UNMIK (the SRSG) or, in his absence, the Principal Deputy SRSG presides over the Council meetings but does not vote.

Under its mandate, the IAC proposes policy guidelines for the 20 administrative departments. Its weekly meetings are devoted to a range of day-to-day substantive issues, such as the overall situation in Kosovo, draft regulations, the forthcoming general elections and how to accommodate the returning refugees. It addresses policy questions with in-depth discussions on specific issues ranging from education to health, and from the economy to fiscal policy. The SRSG consults the IAC on activities and developments in the competence of the administrative departments.

Under the original JIAS agreement, when the IAC is unable to agree on particular issues, the SRSG may take the final decision.

Nascent "Parliament"

In the joint administrative structure, the KTC links Kosovo society with senior UNMIK and KFOR officials (Photo: Ky Chung)

The KTC is the highest-level consultative body of the JIAS. A key institution in the province's evolving democracy, it is also an important step on the road to substantial autonomy.

Through its diverse SRSG-appointed membership, the Council acts as the link between Kosovar society and all the JIAS components. It serves as a bridge between Kosovo society and other important players concerned with Kosovo's future, frequently being addressed, for example, by leaders of the international community.

KTC members are regularly briefed by senior KFOR commanders and the Police Commissioner on the security situation, and by the Co-Heads of the JIAS departments on developments in their areas of responsibility.

They are also briefed on IAC decisions, and on IAC discussions of new SRSG-promulgated regulations. The 35-plus membership of the Council consists of five categories of representation: the main political parties, members of the IAC, religious community leaders, representatives of national communities and independents, together with civil society representatives. Since early April 2000, when the KTC was joined by Serb representatives, the Council has been able to address day-to-day issues of concern to all Kosovo's communities.

Embryo "ministries"

Fully operational since mid-2000, the administrative departments are at the cutting edge of Kosovo's rehabilitation and development. Their responsibilities range from fund-raising to implementation, and from daily operations to far-reaching restructuring and reform.

Since the October elections all JIAS departments have been following an administrative instruction calling for systematic devolution of competencies to municipalities as set out in the regulation on local administration. Progress to date has been mixed-good examples being in health and education. Devolution efforts are accelerating in advance of the next major change in Kosovo's governance, namely the changeover to self-government.

In healthcare, for example, Kosovo's previous hospital-centred approach is being replaced by a primary healthcare-based system operated by municipalities. In preparation, UNMIK Regional Health Offices have been designated as District Health Authorities and report directly to the Department of Health and Social Welfare.

The phased handover of primary health care responsibility to the municipalities is set out in service agreements covering the rights and obligations of the Department of Health and the municipalities. Hand-over kits assist the municipalities assume their responsibilities.

Benefiting from modern perceptions of child development-part of UNMIK's school reforms (Photo: Ky Chung)

Education is also being restructured, into primary, middle and senior schools of five, four and three years, corresponding to modern perceptions of child development and educational phases. Its focus is also being changed-from being identity-based to a personality orientation. The University will align with the Bologna Process offering three, five and eight years for the bachelor, masters and doctor degrees.

The process of educational decentralization is meanwhile under way, with education administrators commencing their work in the municipalities. Among the challenges associated with a change to a decentralized system is the need to depoliticize education. To that end, the World Bank sponsors a joint training programme for educational administrators and municipal education directorates.

At the same time, exemplifying problems in many social sectors, serious concerns remain regarding the security situation of students from Kosovo minority communities. Their participation in classes, seminars and meetings has become very difficult not only for security but also political reasons. Thus, regarding Kosovo Serb participation, extensive consultations are ongoing with the FRY Government to encourage the active involvement of the Kosovo Serb community on educational issues.

Transition

In mid-2001, all the JIAS departments were seeking to complete their work programmes in time for a handover to their successors under self-government at the end of the year. This meant completing their devolution to counterpart administrations in the municipalities, restructuring themselves around their remaining responsibilities, completing their own "Kosovarization" and, not least, ensuring that their priority legislation is promulgated before election day, 17 November.

Outlook

UNMIK's aim with respect to public administration is to hand over to the incoming government in 2001 a functioning public service complete with a set of basic laws enabling it to perform without significant interruption of day-to-day governmental functions.

After the new government takes over, Kosovar and international resources will continue to focus on enhancing the concept of civic responsibility for democracy to succeed. More energy and resources will have to be invested in delivering services to all communities and in ensuring that all communities actively participate and have a viable voice in governmental structures.

All groups in Kosovo society, together with the international community, will need to ensure that these democratic structures, jointly created by the people of Kosovo and UNMIK, are adopted by the Kosovo-wide government and become deeply rooted in this society.

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