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JWG on the Legal Framework Press Briefing: 13 April 2001 Press Conference by Chairman and Members of the Joint Working Group (JWG) on the Legal Framework Johan Van Lamoen, Chairman Statement by Chairman Johan Van Lamoen I have to catch a plane and I can only be here for a couple of minutes to tell you how far we have come. In fact what is left of the work we could not accomplish under my chairmanship are some minor issues which can be done under the chairmanship of Mr. Borg-Olivier, the legal adviser of UNMIK. I think he will do it in the same manner that I have done it, that means with professionalism and with pleasure. I can say that the last weeks have been very hectic of course, with long discussions even with evening sessions until 11 o'clock in the evening, but I can assure you that the fruit of our work is on the table and it is only a pity that I cannot be there when the last word is put on paper but that is only a detail. I would like to thank all of my colleagues in the Joint Working Group for their efforts, for the constructive approach and their energy, because in fact, as I said before, we have spent a lot of time negotiating and discussing because of course when there are two sides at the table it doesn't mean that it is always easy to come to a conclusion. But as you will remember from other press conferences, I always spoke about the teamwork and the consensus we tried to reach and again you will see me in front of you for the last time. Again I can repeat that we have reached consensus on 99.9% of the text and I am very happy that this has happened. I have now to say goodbye and go back to East Timor where I will continue with the efforts to draft another constitution and prepare for the elections at the end of August which will lead to the establishment of the sovereign state of East Timor by the end of the year or the beginning of next year. So I have another task in front of me and that is the reason I have to leave you now and again thank all of you for the interest you have shown over the last couple of weeks. I think that the public in fact deserved to be informed, maybe not always in the detail as you may have wished, but this will come soon when the text will be on the table, I mean on the public table. Thank you all and I wish Kosovo well in its future and I think it will be a good future. Thank you all. MK: Now before we start with the questions, maybe Mr. Alexander has a few words to say also. I have been authorized by the Kosovar group, that was honored to have worked with Mr. Van Lamoen, to thank him for the work he has done and the way he has led this very important work and this group and to show him that we have been honored to work in such a group that was led in a professional and diplomatic way by him. I want to thank him once again and wish him successful work in Timor and at the same time to express the opinion of the group that Mr. Van Lamoen is always welcome in Kosovo and for sure he will be the first guest of the Assembly of Kosovo and all other institutions that will come out of this. So we thank him and wish him further success on his work in the future. Alexander Borg Olivier (ABO): I certainly wish on behalf of the international members of the joint working group to associate myself with the words of appreciation that have been expressed for the leadership and the very skillful ways in which our Chairman Johan Van Lamoen, I hope I pronounced it well by the end of our association I should, has led us over very difficult negotiations but always with skill, patience and grace and he has enabled and provided us an atmosphere that has allowed us to reach important consensus on many issues that divided us in the beginning. But as he said, we have reached agreement on almost all of the issues that are on the table for negotiation and we are certainly going to finish this task in a short period. And we wish to express our deep appreciation to you for helping us to arrive at this stage of our work and it is basically almost completed and we will undertake to put the final touches on this work in the next few days. So let us thank Mr. Van Lamoen together because I know that he needs to leave and he wishes to be relieved as quickly as possible and I think we should do that. Thank you. (Applause) Questions: Q: What is the 0.1% that still needs agreement and when will the final draft be completed? ABO: Well we have, as the chairman has stated, gone over almost all of the issues before us. There are still some housekeeping reviews that needs to be done. We have covered the essential aspects of the contents of the document that we will present to the SRSG. I have purposely not given a definitive name to the product of our work because there is still some agreement that needs to be reached on this. But, we have done extremely well in understanding the exact nature and scope of our work and moving forward to set out as fully as possible the competencies of the self government for Kosovo, taking into account always the constraints that are there in Resolution 1244 and for this reason our work will necessarily include a clear definition of certain responsibilities that will be reserved for the SRSG. I am sure that my colleagues on the Kosovar Albanian side would like to make some general remarks at this time as well. FS: I would just like to add that it has been a pleasure to work with Mr. Van Lamoen and the whole team and now we have the opportunity to continue our work on this small remaining part of the document under the leadership of Mr. Borg-Olivier and we believe that as soon as possible we will accomplish this task which we have in front of us. The fundamental issues that were raised were in a good content. It is true what Mr. Olivier said, that a great part of the responsibilities have been transferred into the hands of the Kosovars. Of course, we were cautious to respect the restraints that came out of Resolution 1244, the responsibilities reserved for the SRSG, but by a progressive movement to respect Resolution 1244, I think its spirit is in the document. We have respected the clear criteria for defining a self-governing structure, on the principle of sharing the power, and the overlapping of their functioning. Thank you.
Q: Before leaving Mr. Lamoen said he was going to East Timor to draft another constitution, even if the name is not chosen, did he say the name of the text? ABO: I think he was rather relaxed in his choice of terminology. Q: Can you give us some details of the text of the legal framework or constitution? ABO: As you know on assuming his office SRSG Mr. Hans Haekkerup set out as one his priority objectives to move as quickly as possible toward the Kosovo wide elections but only after a clear legal framework setting out the various responsibilities of the institutions that will be created after the Kosovo wide elections was worked out. That process has now almost been completed and I am sure that my colleagues will agree that we will be presenting in the next few days a comprehensive framework which will govern the provisional self government institutions that will come into place after the Kosovo wide elections. There is no question that the document, whatever its name is, is of a constitutional character. It will contain a preamble which sets out the context in which the work that follows is set out. It will have basic provisions that will ensure the responsibilities of the self-government in the three fields of the legislature, the executive and the judiciary. It will set out the fundamental principles that will govern the functioning of self government in the fields of human rights, in the protection of communities and of minority rights with all the safeguards that are essential to ensure acceptance on as a wide a basis as possible of the work that we are preparing. The document will set out very comprehensively the areas and the fields in which the self-government institutions will have their functions and responsibilities. I believe that I have given you a picture of what will be presented in the document. The document will also have, of course, detailed provisions about the various institutions, the assembly, the courts and the government and it will also have a chapter or a section that makes clear the special reserved powers of the SRSG. At all times we have been extremely careful to cover the fundamental concerns of all inhabitants of Kosovo. Q: We are speaking in general terms, could you be more specific. What would be the powers or competencies of the assembly of Kosovo? From what I understand, you haven't yet
AB: I think this is not disputed. Now we have an agreement on the self-government that Kosovo will enjoy. The assembly of Kosovo would be the highest body, with legislative representatives. The legislative power of the assembly of Kosovo is not disputed and its power to decide on the most important issues of Kosovo. Of course, we will have a typical parliamentary government, the prime minister as well, who will have a lot of power. But we believe we will have a full institutional structure in Kosovo, other bodies that Kosovo needs to have as well, the president of Kosovo, the judicial system and a constitutional court, as the final legal authority in Kosovo. We have given sufficient political and legal arguments that Kosovo can and should have these institutions during the transitional period and I believe that by coming to an understanding with the international factor and by the support of the public opinion of Kosovo and the political structures of Kosovo, we will manage that in the constitution to have all these requirements of the people of Kosovo. Q: You are saying the name of the document is the main sticking point. How can you resolve this issue? If you can't resolve it, how will that effect the timing of the elections, which we have been told is supposed to be happening this fall? ABO: I think that what is important is the content of the document, much more than the name. The we have proposed is Legal Framework for the Provisional Self-government. Now the exact terminology will be determined politically perhaps. But I don't see it as a sticking point that is going to stop elections from taking place, hopefully before the end of this year. Possibly its name could be something like the Constitutional Framework for the Self Government of Kosovo. We have done within the Joint Working Group our job. We have fulfilled our responsibilities, clarifying what this framework, constitutional framework, should be, and I believe what is important is when it is announced that all those who are interested examine the content and they will find in it much substance which covers all the essential elements necessary to ensure a self-government in Kosovo. FS: I think this is only a suggestion made by Mr. Borg-Olivier. We will stick to our suggestion and our proposal and I believe we have agreed this proposal will be reviewed at the higher political level. Q: As far as I have understood, until now drafting this text is like drafting a constitution with another state, another country. Which country is it in this case? BR: I think just because Mr. Van Lamoen said that "I am going to draft another constitution" we still stick to our suggestion. We think the term constitution should have a place in this document. About the question in which country the constitution will be, I want to answer that it will be in Kosovo. At present we are speaking about the transitional period under the international administration. No country or no geographical term has been mentioned anywhere in this text. ABO: I must add that, of course, we are at this stage acting exactly within the terms of Resolution 1244. We are producing the framework, the necessary legal framework, constitutional framework that will enable us to move toward the next phase that is envisaged in Resolution 1244 and namely, the stage at which democratic institutions of self-government would come into being and administer day-to-day life in Kosovo. Q: Who will go to Belgrade with the SRSG and this draft document to ask for permission from the Belgrade authorities? ABO: This exercise is being undertaken with the participation of all who have to play a role in its formulation and appropriate consultations will be and are being undertaken at all stages of the process. Of course, the authorities in Belgrade will have an interest in the outcome of this process and will be informed as is appropriate by the SRSG. This is essentially a process for Kosovars and all elements of Kosovar society engaged in the process and I am confident that the result will be widely accepted by all elements in Kosovo and supported by the international community. Q: It seems to me you are one of the main persons opposing calling the document a constitution. Earlier you said this document has the contents of a constitution. What stops you from calling it a constitution? ABO: Besides the resolution that guides our work, I am an international lawyer and this puts on me some constraints and inhibitions that others might not have. Q: The Serb representative is not here. How do you assess his cooperation with the working group, on what he was insisting and in this constitutional framework something similar to the constitution of 1974, which means having political, cultural, national and territorial autonomy? ABO: We are very pleased that we could have amongst us a Kosovo Serb representative. It would have been so much better if we had such participation at an earlier stage. But nevertheless we now have a Kosovo Serb representative, who has participated professionally, constructively, in our work and we have noted whatever suggestions and concerns which have been expressed and where appropriate, such concerns have been reflected in agreements we have reached. As to the nature of the document, the document will be appropriate for the purpose for which we are engaged, i.e. to provide full and comprehensive legal structures, framework that will govern the provisional self-government in the forthcoming phase. Q: I am coming back to the question of Mr. Haekkerup going to Belgrade to present this document again. What's the importance of presenting this document to the Belgrade authorities, Mr. Borg-Olivier, when you said this document is being drafted for Kosovars only? ABO: There is no question that the document is a document for Kosovo. But it also must be recognized that Belgrade has an interest, which is reflected in Resolution 1244 and it is in this context that it is kept informed. MK: First of all let me tell you, I want to make a small intervention
here, because we cannot dispute whoever Mr. Haekkerup decides to inform.
But as far as consultations are concerned, if the SRSG goes to consult the
authorities there and makes any changes in the text, it is completely
unacceptable to us. I want to tell you another issue about which we were
concerned during the last three days. Three days ago a representative of
the Serb minority started working in the Joint Working Group. He said that
from the 1970's he had been living in Belgrade and not in Kosovo and our
concern was "who does he represent?" Since we got a statement from Mr.
Haekkerup that he had been appointed by Mr. Haekkerup and that the person
was born in Kosovo, and after we were made aware of his work and
Q: You are not agreeing to a president in Kosovo. Have you ever visited a place without a president and how this place was? Also, who is ………….more powerful courts in Kosovo and who is against human rights and international covenants on them. ABO: The question of the president of Kosovo has been discussed and this is largely a political question and there are opinions as to whether political power should be vested in one strong institution or such power should be dispersed among the political parties and representatives in the assembly. This is a matter that needs to be resolved. The Kosovar side has unanimously expressed its support for such an institution and the international side and the Working Group feels that this is a matter that is beyond our competence to resolve. On consultations, I should mention that the consultations will have to be after we finish our work. The SRSG will necessarily consult political leaders and political actors in Kosovo. He will consult the international community and that includes all those who have been involved in developments concerning Kosovo, the Contact Group, the QUINT and other international actors. We shouldn't only think of consultations with one particular area or authority. It will be a widespread consultation. This is important in order to secure an agreement on as wide a basis as possible not only in Kosovo and for all the communities of Kosovo and also all those in the international community who have invested so much and who are interested in its outcome being a successful one. BS: It seems to me judging by the questions you are asking, that our role and that of the chairman is being changed to that of the political class, to which we do not belong. Mr. Borg-Olivier is not the SRSG, in case you did not know that, and we are not political leaders. We are a working group. Of course we have to take into consideration all political concerns, the public opinion of Kosovo and then form them into concrete proposals or suggestions. On the other hand, I believe we can come to an agreement and overcome all disputed issues. The final decision on these issues and the whole document rests with the Interim Administrative Council that should make its decision on Tuesday. As far as the role of the SRSG is concerned in relation to presenting this document to Belgrade, it's well known that the international procedure allows the possibility to give information but the decision rests with the IAC. Q: A question for Mr. Reka. Does the preamble of the text include the words "according to the free will of the people of Kosovo"? Another matter I would like to have answer to is whether there will be a ministry of external affairs. BR: Well regarding the first issue, this was the first disputable issue and we all Kosovar representatives categorically stated that this wording of the free will of the population should be included in the preamble. This is one of the issues that remains to be discussed later today and eventually we will come to a decision together with the international parties. Now, regarding the second issue of whether the minister of external affairs will exist, you know that as far as the protection of the international borders of Kosovo are concerned we are protected by KFOR and the external relations or the foreign policy issues are exclusively reserved for the SRSG. As far as competencies of KFOR, we couldn't come up with anything for the Kosovar, so it is an exclusive mandate of NATO, KFOR. Regarding the second issue, we have discussed this field and it remains to the SRSG as an exclusive competence. Thank you. |