The self-government promised to Kosovo in Security Council Resolution 1244 as the defining characteristic of substantial autonomy is taking place in two stages, each following an election. The municipal elections held in October 2000 signalled the start of local self-government. The general elections planned for 17 November 2001 will usher in Kosovo-wide self-government through Kosovo-wide institutions.

UNMIK's precept for local self-government in advance of arrangements for the central authority was significant: Regulation 2000/45 on Self-Government of Municipalities accords municipalities the right to exercise all powers not expressly reserved to the Central Authority.

Local self-government

Regulation 2000/45 bases and determines the powers, size, structure and procedures of municipal representation and administration on the European Charter on Local Self-Government. It thus gives local authorities the right, within the limits of the law, to regulate and manage a substantial share of public affairs under their own authority and in the interests of the local population.

This has meant UNMIK's Municipal Administrators taking a step back from their previous duties. Nevertheless they retain broad reserve powers of intervention, for example, ensuring that municipal decisions are in compliance with UNMIK's own mandate, as set out in SCR 1244. In the event, those powers are used very circumspectly.

Municipal Administrators are also required to co-sign the budget once it has been through the Municipal Policy and Finance Committee and adopted by the Assembly. This will continue until an independent auditor certifies that adequate budgetary and financial management systems are in place and that the particular municipality has the capacity and capability to implement effective financial procedures and controls.

Structure

Solemnly declaring to perform his duties honourably, faithfully, impartially and conscientiously, an elected local government Assembly member takes his oath of office (Photo: Ky Chung)

Each Municipal Assembly has a prescribed number of elected seats. Additional seats for appointed representatives of minority communities are filled at the SRSG's discretion. Each Assembly elects a President, appoints three obligatory committees (for policy and finance, community matters and mediation) and approves the selection of a Chief Executive Officer and members of the Municipal Board whose directors run the municipal departments.

Since October 2000, most municipal assemblies have taken the first steps towards self-governance. Presidents have been elected in all but one (Shtërpcë/Štrpce). Some 27 Municipal Assemblies have elected Deputy Presidents; 26 have Chief Executive Officers and 21 have appointed Boards of Directors to run the municipal departments. The key Policy and Finance Committees are up and running in 29 municipalities. Municipal Statute and Rules of Procedure have been adopted in one third of the municipalities. In the rest, UNMIK's model statute meanwhile applies.

As many of Kosovo's minority groups chose not to participate in the civil registration or the 2000 elections, the SRSG appointed representatives of minority communities to Assemblies in approximately two thirds of the municipalities. For the most part, representatives of non-Serb minority communities, including Kosovo Turks, Bosniacs, Roma, Ashkali and Egyptians, accepted their appointments.

Some movement has also been evident with regard to the participation of the Serb community, for example in the municipalities of Novobërdë/Novo Brdo, Rahovec/Orahovec, Viti/Vitina and Skenderaj/Srbica, Istog/Istok and Pejë/Pec. The Assembly of Novobërdë/Novo Brdo has seven appointed Kosovo Serb representatives. The Municipality of Kamenicë/Kamenica Assembly approved its Statute with the concurrence of six appointed Kosovo Serb members. Seven Kosovo Serbs have begun to attend the Gjilan/Gnjilane Assembly.

In Leposaviq/Leposavic, Zubin Potok and Zvecan, where the electoral process was decertified because of the non-participation of the majority Serb community, the SRSG has inaugurated wholly-appointed Assemblies. They have met several times, and elected presidents and deputy presidents. Minor progress has also been made with regard to Serb community participation where they are in the minority.

Minority rights

UNMIK Local Community Offices help Roma women access public services (Photo: Ky Chung)

Prefiguring the regulation defining the central authority, Regulation 2000/45 requires all municipal organs and bodies to ensure that inhabitants of the municipality enjoy all rights and freedoms without distinction of any kind, such as race, ethnicity, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status. It enjoins them also to have fair and equal employment opportunities in municipality services at all levels.

Municipal Assemblies are specifically required to pursue policies and practices that promote coexistence between their inhabitants and to create appropriate conditions enabling all communities to express, preserve and develop their ethnic, cultural, religious and linguistic identities. The obligatory Communities Committees are charged with ensuring the promotion and protection of all communities living within the municipality, and must themselves fairly reflect the diversity of communities living in the municipality by being represented by those communities.

To the same end, UNMIK's existing Local Community Offices are to be fully integrated into municipalities and their administrative structures, thus ensuring continuous and equal access to public services at the municipal level and protection of community rights. At present, there are 23 such offices-all in municipalities where one or more communities not in the majority form a substantial part of the population. The Head of each Office will serve as an ex-officio member of the Municipal Board of Directors thus facilitating their institutionalization in the municipal structures.

Capacity-building

In conjunction with a Transition Task Force set up after the 2000 election comprising members of both the Civil Administration Pillar (the UN) and the Institution-Building Pillar (OSCE), the Department of Local Administration (DLA) identified considerable training needs for municipal politicians and civil servants. OSCE's Institute for Civil Administration thus conducted intensive seminars to familiarize both groups with the roles and functions of the assemblies. Seminars on issues such as conflict-resolution, economic development, citizens' participation in local government, and the role of the opposition in the new assemblies were developed for municipal assembly presidents and CEOs.

Similarly, the DLA and OSCE together drew up the course content for seminars on human rights held for members of the Municipal Assemblies' Communities Committees.

In reality

Despite considerable orientation and training efforts, UNMIK retains serious concerns over the completion and the implementation of the October 2000 election results.

Key issues are the politicization of the bureaucracy and lack of ability in all political parties to organize their legislative activities and to input in a proactive manner. In UNMIK's judgment, this clearly inhibits the emergence of coherent planning and the development of a substantive policy content necessary for effective self-governance of municipal affairs.

In many municipalities, the party with the largest number of votes adopts a "winner takes all" approach, using assembly majorities to secure the president and deputy president positions. Relations between the two largest parties have polarized and consequently they take a non-cooperative approach to municipal governance.

The Pillar for Civil Administration is therefore increasing attention on ways to ensure the implementation of a policy of positive engagement with the Kosovo Serb community. The goal is a pluralistic multi-ethnic civil service. The most significant obstacle remains lack of freedom of movement in many localities, and threats and intimidation in the workplace.

Constitutional Framework

Selling the idea: UNMIK posters promote the Constitutional Framework (Photo: Sheida Sheiki)

UNMIK's promulgation of the Constitutional Framework setting out what the Kosovo people would vote for in the 2001 election is counted a major milestone on the road to Kosovo-wide self-government.

The Framework defines the Assembly (120 elected seats, of which 20 are set aside for minority representation) and prescribes the other institutions of government. They are: the President of Kosovo, a Government comprising the Prime Minister and Ministers, an Assembly Presidency and key committees. It also prescribes the judicial system, a number of independent bodies and offices, and reserve powers of the SRSG.

The President of Kosovo has to represent the unity of the people and guarantee the democratic functioning of their self-government. He or she will be elected by the Assembly. The President nominates the Prime Minister and other governmental members for Assembly approval. He or she also coordinates with the SRSG to conduct certain functions in the field of external relations.

The Government as a whole, comprising a Prime Minister and Ministers, will be responsible for implementing the Assembly laws. It may also propose new laws on its own initiative. The Prime Minister will preside over governmental ministers' meetings.
The 120-seat Assembly will endorse the government and adopt laws on a wide range of matters under its purview. A seven-member Assembly Presidency will be responsible for managing the Assembly's day-to-day business.

At the same time, the SRSG retains power in areas outside the competency of the Assembly. His reserved powers and responsibilities include: the protection of the rights and interests of communities, security matters, ensuring the Assembly adheres to SCR 1244, fiscal and monetary policy, law enforcement, external relations (including the conclusion of agreements with states and international organizations), ultimate budget control and control and authority over the Kosovo Protection Corps (KPC). According to the Constitutional Framework, the KPC remains a civilian emergency organization.

Conflicting concerns

Victim of extremism: funeral of UNMIK town planning official (Photo: Ky Chung)

Throughout the work to draw up the Constitutional Framework, UNMIK's foremost priorities were to protect the rights and interests of all communities on one hand, and (in accordance with SCR 1244) to respect the sovereignty and territorial integrity of the FRY on the other. The resulting text is in strict conformity with that resolution. It specifically does not prejudge a final political settlement for Kosovo.

It will nevertheless give the Kosovo people a unique opportunity to administer their daily lives in a way that will, UNMIK's hopes, marginalize extremism and encourage moderates to further the political process. At the same time, it retains (see above) crucial areas of responsibility under the direct authority of the SRSG.

The final document represents the collaborative effort of UNMIK, the Joint Working Group of Kosovo and international experts that drew up the main draft, Kosovo's political leaders and the international community. The text reflects the large measure of agreement already reached within the Working Group, including comprehensive provisions on the structure and powers of the legislature, the judiciary and the executive branch, as well as extensive safeguards for protection of communities and human rights.

Specific provisions were added later to address concerns reflected in proposals put forward by the Kosovo Serb member and expressed in submissions by the Kosovo Turkish communities on the protection of community rights.

Many of the Kosovo Serb concerns involved measures to ensure effective minority participation and protection. Other proposals aimed to create consensual democracy through mechanisms such as national delegations, which, in UNMIK's view, would have amounted to a virtual second chamber within the Assembly. The Kosovo Serb representative also wanted their national group to have veto rights on all legislation-also not conceded.

UNMIK's task during the negotiations was to strike a balance on the outstanding issues between the legitimate aspirations of all parties and the political and legal constraints, all without jeopardizing the aim of a functioning system of self-government. There was no way to completely satisfy all concerned.

The SRSG discussed the draft, at various stages, with Governments of surrounding countries, Security Council representatives and other international stakeholders. This ensured broad-based support for the document so that international reaction to its promulgation has, by and large, been favourable.

Outlook

Kosovo Co-Heads of JIAS departments take increasing responsibility prior to handing over to Ministers (Photo: Ky Chung)

Following up the Constitutional Framework, an SRSG-chaired UNMIK steering group on its implementation is coordinating five areas of work: the structure of future government, the impact on UNMIK, the logistical implications, security, and the elections.

Between them, the groups will work out a preliminary plan for the number of administrative departments (effectively the number of ministries and ministers in the government) and where the new ministries will be located. They will investigate all aspects of government security and how the elections will be managed. UNMIK will also draft a number of regulations, both for the overall structure and for each proposed ministry.

At the administrative department level, JIAS Co-Heads are preparing detailed plans for the entire transition to the new institutions of self-government, due to take over early in 2002. Co-Heads must also ensure that all sectoral functions currently carried out at regional level are transferred by the end of the year, either to the corresponding municipal departments or back into the central administration. Meanwhile they must submit progress reports on their degree of "Kosovarization" and plans to complete the integration with due inclusion of representatives of minority communities.

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