New Ministries

PISG assumes new responsibilities

The transfer of responsibilities in the rule of law sector, slated to begin before the end of 2005, is a key element of the comprehensive security agenda for both UNMIK and the PISG, one of the six priorities listed by SRSG Søren Jessen-Petersen in his latest address to the UN Security Council.

The structure and responsibilities of the Ministry of Internal Affairs and the Ministry of Justice have been developed through extensive consultations over several months, between the representatives of UNMIK and the PISG represented by the Office of the Prime Minister. The agreed framework is set out in a draft Regulation amending UNMIK Regulation No 2001/19 on the Executive Branch of the Provisional Institutions of Self-Government. (At the time of writing, the draft regulation is at the UN Headquarters in New York for review and approval).

It is foreseen that once the Ministry of Justice is established it will assume responsibilities for policy development in the field of justice related to public prosecution and access to justice for minorities, the management of budgetary and financial resources of the ministry, providing guidance in respect of the development and implementation of prosecutorial policy without interfering in the operation of the Office of the Public Prosecutor, provide training and examination for prosecutors and lawyers in coordination with the Kosovo Judicial Institute (KJI), cooperating on matters pertaining to the correctional service, and assistance to victims of crime.

The Ministry of Justice will also represent the Government in disputes and procedures before the courts and arbitration tribunals, provide expert advice for the preparation by the Government of agreements in the area of international cooperation and assist UNMIK in the exercise of its responsibility for international legal cooperation, including cooperation with the European Court of Human Rights, the International Criminal Court and the ICTY.

In parallel, the establishment of the Kosovo Judicial Council is also underway, to which responsibility for the appointment, discipline and dismissal of judges will be transferred. The Council, an independent body, will also be responsible for administration of the courts.

The other new ministry being created, the Ministry of Internal Affairs, will be responsible for facilitating the preparation and implementation of legislation in the field of public order and safety, administration of financial and budgetary affairs of the Kosovo Police Service (KPS) and the Ministry, implementation of Integrated Border Management in coordination with UNMIK and in accordance with the guidelines of the European Union, implementation of the applicable legislation on movement of persons into and out of Kosovo, collection and analysis of statistical data in the field of public order, and performance of functions in disciplinary proceedings against police officers in conformity with the applicable legislation.

Furthermore, several functions currently undertaken by the Ministry of Public Services will be transferred to the Ministry of Internal Affairs. These include functions related to emergency preparedness, the registration of vehicles, assistance in the administration of the central civil registry and database, and assistance in the administration of policies related to civil documents.
Early transfer in this key domain of governance is being undertaken with the aim of providing the PISG with the tools to take responsibility for security in Kosovo and top it up with focused capacity-building, as and where required, with the support of the donor community.

“Bearing in mind the sensitivity of these sectors, transfers will be gradual, phased and dependent on transparency and non-politicization at each prior stage,” the SRSG stated in the UN Security Council. The principle of step-by-step transfer is exercised through the arrangement that, following the transfer of the first set of responsibilities, an interim review will be conducted to ensure that the new ministries are functioning professionally and effectively, in the interest of all communities and without undue influence from any political party. Upon positive outcome of the review, further responsibilities will be assigned to the ministries, which could be as early as three months after their initial establishment.

In the meantime, UNMIK must retain executive capacity to deal with threats to stability in Kosovo, particularly in such areas as serious public disorder, organised crime, terrorism, politically-motivated and serious inter-ethnic crime. The SRSG will retain final authority for remedial intervention and will continue to exercise sovereign functions such as conclusion of international agreements and international judicial and police cooperation.

Edina Halapi, Pillar I