UNMIK/PR/26

PRESS RELEASE

16 August 1999

NEW INCLUSIVE APPROACH TO REVIEWING LEGAL SYSTEM

PRISTINA-The Special Representative of the Secretary-General (SRSG) and Head of UNMIK, Dr. Bernard Kouchner, yesterday announced an all-new inclusive approach to reviewing the existing legal framework and the laws applicable in Kosovo with a view to purging it of all provisions which are inconsistent with the standards recognized in Europe and the rest of the world. This was at a meeting at UNMIK HQ with 50 Kosovar judges, prosecutors and Kosovar law professor Mr. Blerim Reka.

The meeting, which also included Serb judges and prosecutors, was held to hear the concerns of the legal establishment over the way in which new regulations were being promulgated in the region and over the question of whose law was applicable in Kosovo.

Judges and prosecutors who had announced they would resign over this issue, welcomed the new approach and withdrew their threat to step down.

Addressing the gathering, Dr. Kouchner invited the legal representatives to establish a partnership with UNMIK for the creation of new laws that were fully consistent with their shared aims. He also said it must be shown to the people of Kosovo that their new laws would be different from their past experience; they would be open, democratic, accessible and responsive. 

As a result of the meeting a special Advisory Group was set up. This includes 19 legal experts from around Kosovo who will work in consultation with UNMIK to refine the different areas of the law, such as property, customs, the judiciary, social welfare and the criminal code. Legal experts from UNMIK will be assigned to work with individual Kosovo legal experts for this purpose.

Dr. Kouchner said the main task of the Advisory Group would be to review existing legislation and to draft new laws, which would eliminate all elements of discrimination; that is, the notion of apartheid. An example of this was the present "Law on Changes and Supplements on the Limitation of Real Estate Transactions"-which prohibited Albanians from property transactions.

The Working Group, which will meet for the first time on Wednesday to constitute itself, will be co-chaired by UNMIK and Professor Blerim Reka. Yesterday’s meeting also resulted in the establishment of an Association of Judges and Prosecutors for Kosovo.

"The results of the meeting are a turning point for the people of Kosovo," said Dr. Kouchner. "I also intend to follow this same procedure-consulting with Kosovar representatives and experts-in all administrative areas under the UNMIK mandate, such as health, education etc." In that regard, he told the judges that he had instructed his advisers and experts that no important decision would be taken without the involvement of the people of Kosovo and its experts.

 In this regard, a meeting between UNMIK and representatives of the Kosovo health service is planned for the end of this week.