The authorized version of the legal framework finally went public last week giving rise to a marathon session of the Kosovo Transitional Council (KTC). And, given the level of acrimony that accompanied versions leaked earlier, what was remarkable was not how little, but how much in the 9,000-word document, the majority of the nine-man Joint Working Group (JWG) was able to agree on.

At the end, areas of disagreement remained however, substantial-especially those presented by the Kosovo Serb member. These were set out in one of three attachments to the JWG's 17 April draft. 

Comprising a preamble and 14 chapters, the draft defines what is needed to set up and develop meaningful self-government at this stage in Kosovo's history-namely the transfer (within the limits of  SCR 1244) of legislative, executive and judicial  competencies to provisional self-government institutions, which should be established through free and fair elections. The JWG could not agree on two of  the five main institutions proposed (see box), namely a President of Kosovo and a Constitutional Court. 

The framework places responsibility on the institutions for ensuring conditions for a peaceful and normal life for all inhabitants. It provides that these institutions, through parliamentary democracy, enhance democratic governance and respect for the rule of law. They are to promote economic prosperity and the welfare of the people through development of a market economy.

The framework also explicitly acknowledges the ultimate authority of the SRSG under SCR 1244, which "shall not in any way" be affected or diminished. Some 27 areas of reserved powers and responsibility are to remain exclusively in the SRSG's hands.

Finally, it commits the institutions to respect rights-human rights and fundamental freedoms, civil and political rights, and freedom from discrimination, both racial and against women. It also recognizes the European Charter concerned with minority languages and the Council of Europe's convention on protection of national minorities.

Among principles to be observed are the need to fully protect and uphold the rights of all communities of Kosovo and their members, the division of power between the legislative, the executive and the judiciary, the right of all refugees and displaced persons to return to their homes and to recover their property and personal possessions.

Executive authority

The framework reflects agreement on Kosovo's current status-an undivided territory under interim international administration, throughout which the provisional institutions will exercise their responsibilities. The territory is understood to be composed of municipalities, which will remain the basic territorial units of self-government.

The Government envisaged by the JWG comprises a Prime Minister and Ministers, of which at least one will be a Kosovo Serb and one will be from another non-Albanian community.

The provisional self-government institutions will exercise responsibilities in almost all sectors currently assigned to present joint administrative (JIAS) departments. Additions include technology (joining education and science), concern for the family, minors and gender issues, information technologies, spatial planning and tourism. Good governance is spelled out with attention to human rights and equal opportunity.

New competencies to be transferred under self-government will be responsibilities in the field of mass media-presently the executive concern of UNMIK's OSCE pillar. Laws and enforcement mechanisms will prevent defamation and hate speech, broadcast media will be regulated in line with best European practice, the public broadcaster's independence will be guaranteed.

Significantly, the provisional institutions will coordinate external relations responsibilities with the SRSG. They are committed to align their legislation and practices with relevant European and international standards and norms.

Justice, law and order

The framework makes explicit people's right to judicial review of the legality of decisions by the Government and executive agencies. People will also have the right to complain to the independent Ombudsperson office, which will have powers to investigate and make recommendations.

It establishes a Public Prosecutor's office for Kosovo and assigns responsibility for justice and the proper functioning of the courts within the existing structure to the judiciary. The contribution of the Kosovo Police Service to maintenance of law and order, under the authority of the SRSG is recognized, and. the role of the Kosovo Protection Corps as a civilian emergency organization is reaffirmed.
 
KTC initial reaction

Many KTC members, cutting across political and community lines, demanded that the document be called a "provisional constitution", that it establish a president and a constitutional court, and the right to hold a referendum.

Several pointed out that granting those demands would not violate SCR 1244. Some members wanted the the period of validity of the legal framework to be specified. A few participants demanded inclusion of ministries of foreign affairs, defence and interior.

A few Kosovo Albanian members rejected the Kosovo Serb attachment.  However, LDK President and IAC member Ibrahim Rugova said that the proposals of other communities should be considered. Kosovo Serb members stressed that the draft document must remain within the limits of SCR 1244. They also noted that the existing institutions on Kosovo had failed to ensure freedom of movement or to protect the human rights of the Kosovo Serb minority.

Gjakova detainees finally free

After nearly two years of international and local lobbying for their release, the Gjakova Group returned to Kosovo last week. The 143 Kosovo Albanians had been held in Serbian prisons since May 1999 on terrorism charges.

At the Medere boundary crossing, SRSG Hans Haekkerup hailed the return and the decision of the Serbian Supreme Court that the mass trial that had convicted them had followed faulty procedures.  The issue of their release, said Haekkerup, had been raised many times by UNMIK.  While in Belgrade a few weeks ago, he, himself, had been assured by FRY President Kostunica that they would be freed in a judicial way. This was a very important step…and it would bode well for the future, he said.

The International Red Cross played a large part in supporting the prisoners and their families throughout the detention and helped to facilitate their release. SRSG also hoped to see the release of a further 70 political prisoners and the transfer to Kosovo prisons of more than 100 Kosovars accused of other crimes.

In another move to appease the international community, Belgrade brought charges against 183 soldiers for crimes committed during the war in Kosovo. More cases are under investigation.

"You can win or lose the future," Robertson warns

In Brussels at the invitation of NATO Secretary General Lord George Robertson, Kosovo leaders heard a strong warning from NATO: "Violence in and around Kosovo still remains at an unacceptable level," Robertson told them.

Chris Patten, EU External Relations Commissioner, said that Kosovo's political leaders had an obligation on their part "to make plain the difference between the ballot box, and the bombs and the bullet." Patten stressed that Europe has already committed 730 million euros to Kosovo. If Europe is to continue with the rebuilding, Kosovo must show that it is setting itself clearly on the road to European values, he said.

Citing the shooting of the President of the Kline Municipal Assembly and the bombing in Pristina that killed one Serb and left four others injured as examples of how far Kosovo has to go in terms of security, Lord Robertson, again called on leaders in Kosovo to use every bit of influence they have to put an end to violence.   

While Kosovo Albanians wanted independence from Belgrade, it was Resolution 1244 that dictated policy and it stated only "substantial autonomy" within Yugoslavia, Lord Robertson reminded them. Rada Trajkovic, as part of the delegation, suggested that Kosovo Albanian leaders should meet with Yugoslavian leaders to discuss the future of Kosovo.
All four IAC members and representatives of Kosovo's minorities travelled together with SRSG Hans Haekkerup for the meetings.

Briefs. . . .

A Water Conservation Seminar, to prepare for the coming summer, set up two workshops. The seminar was organized because the lack of snow over the winter will mean less water in Kosovo's available supply for summer. One focussed on the implementation of the water regulations, including agencies' involvement and cooperation, work of municipal inspectors, fines, etc. The other concentrated on the public awareness campaign: the role of media and political leaders, and water conservation programmes at schools.

The Department of Labour and Employment has prepared a work programme for employment of women, which is in accordance with the Kosovo Action Plan for the Advancement of Women. The programme has the following goals: promotion of equal access to employment, good working conditions and access to credit, etc.; prevention of discrimination at work and its environment; raising socio-economic living standards of vulnerable female groups/female family heads, long-term unemployed and low-income minorities; and supporting women's initiatives for income-generating projects and activities, including small and medium-sized companies.

A directive intended to curb extortion and bribery at Pristina University has been issued by the Department of Education and Science. The practice of letting students pass exams and granting them admission in exchange for payment remains a problem at the University. This directive makes it clear to both teachers and students in all educational establishments that failure to comply may entail serious consequences.

The Department of Culture, in collaboration with the Kosovo Institute for the Protection of Monuments, is negotiating with potential donors on financing projects for the restoration and conservation of monuments having architectural, cultural and historical value. Interested potential donors include the Government of Turkey, Cultural Heritage without Borders-Sweden, INTERSOS, the Saudi Relief Committee and the Council of Europe. The Department is meanwhile setting up a database of all cultural monuments of Kosovo listed as protected. The database will also include an inventory of artifacts of the Museum of Kosovo.

A foster-parent scheme will soon be piloted in Pristina. Under an agreement between the Department of Health and Social Welfare and UNICEF, the latter will be giving DM 100 to persons as soon as they start sheltering a child and pay them DM 150 a month for up to six months, after which it is expected that the child will be adopted. Meanwhile, an agreement was reached to recruit a National Coordinator for adoption. A Board for inter-country adoption will also be set up soon with members comprising representatives from the Department, the Institute for Social Policy, Centres for Social Work, UNICEF and NGOs dealing with child protection.

The Departments of Transport and Infrastructure, Non-Residential Affairs and some units of the Department of Public Services will shift to new premises in the now completed Gremia building. This will ease office space congestion in the Eximkos building, the New Economic Faculty and Government Building. In future, the Department of Public Services will be responsible for the security of all administrative buildings housing JIAS departments. This function is being transferred from the UNMIK budget to the Kosovo Consolidated Budget.