Transfer of Competencies

SRSG Michael Steiner and Prime Minister Bajram Rexhepi co-chaired the first meeting of the Transfer Council, comprising senior officials from UNMIK and ministers from the Provisional Government on 8 April. Regrettably, Kosovo Serb members did not attend the meeting.

The Council will deal with transfer of what is left to be transferred of the non-reserved powers (over 40 remaining areas). The Council decided to set up three working groups, which would report back to the Council by 15 May. These groups are: 1) finance, logistics and recruitment, 2) technical assistance and 3) monitoring and intervention.

UN Security Council

On 23 April, the Secretary General’s report was presented to the Security Council. The report said: that the Kosovo Assembly was wasting time discussing laws and decisions outside its competencies and there was a lack of Serb participation; while it was true that organised crime was still a problem, big steps had been taken towards developing a professional local police service. It noted worrying events like bridge bombing and the murder of trial witness Ilir Selimaj in Pec/Peja; minority communities were still unable to move freely though there was some improvement; economic activity was declining as the international community downsized. However, there was success in creating legislative framework for economic reconstruction.

Politics

PDK leader Hashim Thaci proposed the idea of a moratorium on the issue of Kosovo’s final status. He suggested that during this period Kosovo and Serbia proper would move towards integration into European structures and improving functioning of their democratic institutions.

Governance

To reflect the progress towards the transfer of administrative reponsibilities to municipal authorities and the evolving role of UNMIK, the designations of Regional and Municipal Administrators were changed to ‘UNMIK Regional Representative’ and ‘UNMIK Municipal Representative’, respectively, on 1 April. Henceforth, the suspension of any municipal assembly decision deemed contradictory to UNSCR 1244 or the Constitutional Framework will require prior clearance of the DSRSG Civil Administration.

Decentralisation

On 17 April the Council of Europe Decentralisation Mission proposed five options on decentralisation. The idea was to bring the issue into the public domain and have a debate on the various options. (see page 8).

Criminal Codes

On 28 March, SRSG Michael Steiner sent the drafts of Provisional Criminal Code and the Provisional Criminal Procedure Code to Prime Minister Bajram Rexhepi for review and comment by the Government and the Assembly.

Law and order

On 28 April, the trial of Joe Trutschler, the former head of the KEK Supervisory Board, accused of embezzling money, began in Bochum, Germany. Trutschler was charged with misuse of European Union funds to the tune of $4.3 million.

On 14 April Ilir Selimaj, a witness in the so-called Dukagjini Group trial, was killed in an ambush in the Pec/Peja region. He and his family were returning home to Pec/Peja. Another woman in the car was also killed on the spot, while three other passengers in the car, including a 4-year-old child, suffered serious injuries.

On March 21, hand grenades were thrown at two police stations in Pristina, damaging some vehicles and windows. Two suspects were taken into custody.

IDP’s

On 4 March in Srecka/Sredska SRSG Michael Steiner and Kosovo PM Bajram Rexhepi visited the returns village of Sredska in Kosovo’s southern Zhupa Valley.

Terrorism/AKSH

On 18 April the SRSG issued an administrative direction declaring the Albanian National Army (AKSH) a terrorist organisation for trying to blow up a railway bridge in the Zveçan/Zvecani municipality on 12 April 2003. The action was taken under Regulation 2001/12 on the Prohibition of Terrorism and Related Offences. The SRSG’s direction said that ‘the AKSH has claimed responsibility for the act of terrorism involving the bombing of a railway bridge in Zveçan/Zvecani municipality on 12 April 2003, aimed at causing loss of life of a large number of innocent civilians and damaging public property; noting further that AKSH publications and other propaganda materials, including the AKSH website, clearly manifest that it seeks to achieve its objectives by violence and use of force, AKSH is a terrorist organization.’ The Police detained three persons in connection with this case.

In a letter to the Kosovo Protection Corps commander on 24 April, UNMIK and KFOR informed him of suspending all KPC training and deployment abroad until KPC commanders took action to remove from the organisation KPC personnel linked to AKSH/ANA.

EFC

The Economic and Fiscal Council met twice during the period covered by this chronicle. It held its tenth meeting on 27 March and the eleventh meeting on 30 April. In the tenth session, the EU pillar presented a progress report on the Free Trade Agreement with FYROM. FYROM officials had declared their intention to fully implement the agreement, which took effect on 25 March 2003. The eleventh session discussed among other things an update on the mid-year review process and the fiscal report for the first quarter of 2003 as well as a situation report on the implementation of the Free Trade Agreement with FYROM.

CPDG

On 25 March the newlyformed Civil Protection Development Group (CPDG) had its first meeting. The Group is tasked with the further development of the Kosovo Protection Corps (KPC) within the latter’s mandate. It is co-chaired by SRSG Michael Steiner and COM KFOR Lieutenant General Fabio Mini. Its members include several high-level representatives of the international community including some heads of liaison offices in Kosovo and the UNMIK KPC Coordinator Major General Andrew Cumming. KPC Commander Lieutenant General Agim Çeku and his deputy Major General Sylejman Selimi represent the KPC in the group. Among the issues discussed were developing tasks for the KPC within its mandate and de-mining activities that the KPC is carrying out.

Visits

On 5 April, SRSG Michael Steiner’s visited Belgrade, where he met the new Serbian Prime Minister Zoran Zivkovic and Deputy PM Nebojsa Covic. The main purpose was to establish contact with the new leader. The focus of the discussion was on the issue of transfer of competencies to Kosovo institutions. The SRSG explained that the transfer would be limited to competencies contained in Chapter 5 of the Constitutional Framework.

Dr Erhard Busek, the Special Co-ordinator of the Stability Pact for South Eastern Europe, visited Kosovo. After meeting with SRSG Micheal Steiner, Kosovo President Ibrahim Rugova and Prime Minister Bajram Rexhepi, Dr Busek said the Stability Pact’s goal was to help Kosovo become a developed European region. He promised the pact would support projects in the region, including stabilising the electricity supply and aiding Kosovo’s access to international finance institutions.

On 7 April, the British Foreign Minister for Europe Dennis MacShane paid one-day working visit to Kosovo. The main purpose of this visit was to reconfirm Britain’s engagement in rebuilding a democratic and multiethnic Kosovo. Mr. MacShane met SRSG Michael Steiner and the local leaders.

UNESCO

A UNESCO expert mission visited Kosovo from 12-18 March. The main purpose of the mission was to assess the state of the cultural heritage sites in Kosovo belonging to all communities. The mission visited 42 sites, 17 of which were Serb Orthodox. They met Serb Orthodox, Muslim and Catholic religious leaders, experts in vernacular culture and others.

Kosovo Assembly and the laws

SRSG Michael Steiner wrote to the President of the Kosovo Assembly Nexhat Daci on 15 April asking him to activate the procedures to bring the laws which the former had not signed because they violated UNSCR 1244 (1999) and the Constitutional Framework (CF) by 30 April 2003. He said in the absence of this action, I shall proceed to promulgate these laws with such adjustments as are necessary under UNSCR 1244 (1999) and the CF. You will understand that I cannot be a party to the legislative process being delayed indefinitely. The approach I am taking is in the best interests of Kosovo. The laws which are pending promulgation are: on Higher Education in Kosovo; on Telecommunications; on External Trade Activity; and on Management of Public Finances and Accountability.

Mr. Steiner informed him that he had promulgated the laws on Environmental Protection, on Liquidation and Reorganisation of Legal Persons in Bankruptcy and on Seeds in Kosovo, which were earlier adopted by the Assembly of Kosovo.

Mr. Daci responded to the SRSG on 28 April seeking more time to act on these laws, to which the SRSG agreed, giving the Assembly till 12 May to ensure that the laws conform to UNSCR 1244 and the CF.

Earlier on 3 April, the Kosovo Assembly adopted a position calling on the institutions of higher education and the PISG to enact the draft law of higher education, which had been returned by the SRSG for its failure to guarantee the rights of minority groups. The same day, SRSG Michael Steiner determined that the position adopted by the Assembly has no legal effect since draft legislation adopted by the Assembly enters into force only upon promulgation by the SRSG, under the Constitutional Framework. The Security Council President issued a statement at few days later strongly supporting the SRSG’s decision. Expressing concern about the Assembly’s action, the Council called on the PISG to focus their work on competencies under their purview, in a way consistent with 1244 and the Constitutional Framework.

After much political wrangling, Kosovo Health Minister Numan Balic was removed from his post by Prime Minister Bajram Rexhepi. A Commission of Enquiry had earlier established serious administrative irregularities. Permanent Secretary Pleurat Sejdiu was suspended at the same time. An acting health minister has been appointed while Mr Balic’s appeal against his dismissal continues.