United Nations Interim Administration Mission in Kosovo UNMIK news No. 93-21/05/01
  
New Police and Justice pillar established


In an effort to further ensure civil law and order, general safety and stability, UNMIK is realigning the administration's police and justice structures.

The principal instrument, a new Police and Justice pillar, headed by Principal Deputy SRSG Gary Matthews and designated as Pillar I, was signed into being last Friday by SRSG Hans Haekkerup.

The move will bring the police, security and justice structures under common management thus facilitating coordination internally within UNMIK and with other major players concerned with law and order, especially KFOR, international organizations and concerned governments. The new, distinct pillar provides greater focus, centrality and coordination for our efforts, says Matthews. But it will also build on what has already been accomplished by the police, security and justice functions. Coordination will be simpler and more effective and will also avoid duplication of effort and ensure a more judicious use of resources.

Five objectives
The new pillar will consolidate the law and order structure into a functionally logical response to peacekeeping and peace-building objectives that supports improvement of Kosovo's rule of law institutions.

In line with the Constitutional Framework, it will maintain effective international control and oversight over police and justice over the medium term, so that effective transition to future management by Kosovars can be strategically implemented. In the short term, it will increase the impact of law and order efforts through enhanced coordination of information and work.
The new pillar is also intended to enable an effective police and judicial response against destabilizing serious crime activity and underpin the establishment of an unbiased judicial process through initial international participation and reform of the judicial system.

Absolute priority for Pillar I will be strengthening the capabilities and the role of the UNMIK-administered law enforcement and criminal justice systems. Resource priorities, Matthews says, will include a phased increase in the number of KPS officers and enhancing their capabilities, increasing the number of judges and prosecutors and expanding the detention and penal facilities to hold those convicted of crimes.

The pillar will have its ability to deal with crime, terrorism and violence enhanced both by greater resources and legislative powers. On 4 June, legislation will come into force to deal with illegal weapons possession, with especially heavy fines for weapons trafficking. Legislation to deal with illegal border/boundary crossings will be signed in the coming days. In the pipeline are regulations to deal with those engaging in terrorist-related activities and other measures to help combat organized crime.

Fundamental also for the way Pillar I operates will be full and committed involvement of KFOR in law enforcement initiatives-ensuring a secure and safe environment and assisting UNMIK police in developing police primacy and conducting joint operations.
   
The recent promulgation of the Constitutional Framework and the setting of elections for November, notes PDSRSG Matthews, were also significant steps for democratic development and the rule of law in Kosovo. The establishment of the new pillar is thus well timed, complementing the steps the people of Kosovo will be taking to create a peaceful and productive life for themselves and their children. "They do not want fear and intimidation by organized crime, criminals and terrorists," Matthews insists. New initiatives and programmes will be implemented within the Police and Justice Pillar to help protect the population, he promised.

Future requirements 
Pillar I planners recognize that developing the Kosovo Police Service and delivering an effective, efficient and multi-ethnic approach to enforcement of law and order are fundamental to resolving criminality. A KPS complement of 6,000 envisaged by end 2002 would depend on significant donor contributions.

Future requirements in the justice system include independence and impartiality in the Kosovar judiciary, its insulation from political elements, a fully operational inspection unit, bar examinations, reforms of criminal, civil and commercial law, and additional international judges and prosecutors. In penal management there is a need to continue rebuilding Dubrava Prison, a psychiatric programme for the mentally ill prison population and more Kosovo Correctional Services guards.

Recognizing the need for more legislative tools for successful prosecution of serious and organized crime, a fast track procedure is being considered to prepare regulations on terrorism and organized crime, witness and victim protection in court proceedings.
 

Briefs...


A Security Council mission will visit Kosovo from 15 to 19 June to observe the "difficult challenges" faced by the United Nations in the troubled province, according to the terms of reference in a letter to Secretary-General Kofi Annan from the Council President, Ambassador James J. Cunningham of the United States. The delegation will look at the impact of the regional situation on the work of UNMIK, and convey a "strong message" to Kosovo leaders on the need to reject violence, condemn extremist and terrorist activities, promote ethnic reconciliation and support implementation of resolution 1244. Ambassador Anwarul Karim Chowdhury, Permanent Representative of Bangladesh to the United Nations, will lead the Council delegation.

Last week's announcement of 17 November as election day will enable the OSCE to finalize its time-line for the preparatory phase. The OSCE headquarters in Vienna, meanwhile, released $6.4 million to enable the Director of Election Operations to employ international staff and make other procurements. The amount is sufficient for all election preparations until the end of June, but parts of the election operation, including voter registration, the communication exercise and training for international registration supervisors, will have to be delayed up to four weeks. After June, a final budget decision will be made in Vienna.

Elected municipal assembly members are learning how to perform effectively when they are in opposition (not the majority party). Over 30-all Kosovo Albanians plus one Bosniac-took part in an OSCE seminar on the role of opposition parties in western democracies. Issues included were articulating goals, developing policy alternatives, networking and gaining support for their parties' objectives. The municipalities of Suharekë/Suva Reka, Skenderaj/Srbica, Gllogovc/Glogovac, Ferizaj/Urosevac, Kacanik, Malisevo, Vushtrri/Vucitrn and Dragash/Dragas were represented.

Members of municipal Communities Committees are taking part in the first of a series of training courses on human rights . The first workshop has taken place in Prizren, with more to follow at different locations throughout Kosovo over the coming weeks. The training is organized by the OSCE-run Institute of Civil Administration and the OSCE Department of Human Rights and Rule of Law, with the cooperation of the JIAS Department of Local Administration. The Communities Committees are responsible for ensuring that the basic fundamental rights, which everyone is entitled to, are respected in their municipalities.

An agreement on devolving the social assistance schemes to the municipalities while ensuring minority access to them has been reached by the Department of Health and Social Welfare, Department of Public Services, Banking and Payments Authority of Kosovo (BPK), and Central Fiscal Authority. Under the accord, payment to the beneficiaries will not be institutionally entrusted to the Local Community Officers (LCOs), as earlier foreseen. Instead, the BPK will develop a system, with the assistance of the LCOs, by which the responsibility for payment will rest with its own agents. However, the new arrangement in not expected to be introduced before the end of June 2001.

A revised draft of the proposed Regulation on Essential Labour Law now includes suggestions from ILO experts and from the UN Headquarters, New York. These would mean that the future labour legislation would mainly cover people employed in the private sector. Employment relationships with UNMIK and KFOR would be excluded. UNMIK employees are likely to be meanwhile covered by the personnel provisions and procedures in a draft Basic Public Service Law prepared by the Department of Public Services. The department of Labour and Employment hopes that the new regulation will enter into force on 1 September 2001.

Reacting to municipal and other political interference in the management of socially-owned enterprises (SOIs), the Department of Trade and Industry (DTI) is reminding all concerned that only people elected or appointed in accordance with applicable law (effectively the FRY Law on Enterprises of 1988, except provisions overruled by UNMIK) have authority to manage and direct them. A draft administrative instruction is in the pipeline that would allow the DTI or other responsible JIAS department to recognize managements of SOIs that demonstrate within 60 days of their designation that they were elected by a workers' council and that the SOI is being governed according to articles 46 to 66 of the FRY law, as amended. In cases where this is not demonstrated, the DTI or other responsible department will have authority to appoint a director following consultations with the workers' council and local officials.

The Department of Health and Social Welfare has issued an information circular on the World Non-Smoking Day-31 May -encouraging all health care facilities, schools, sports associations, UN agencies and NGOs to observe the day and organize relevant activities. This year's theme is "Second Hand Smoke Kills". Given the high number of smokers in Kosovo, there is a need to bring awareness to the general public and share information on the ill effects of second-hand smoke, especially affecting young and vulnerable people.

According to the guidelines issued by the Department of Health and Social Welfare (DHSW), in the event of an influx of refugees from the neighbouring countries , the "front line" municipalities and hospitals will have to provide services, to the extent possible, to those refugees staying with host families. Separate health services would be considered only if the UNHCR established refugee camps.

Siemens Munich, the European Agency for Reconstruction and the PTK have concluded an agreement regarding the installation of the new digital exchange with a capacity of 23,000 phone numbers. While this project will be implemented, phone lines of current subscribers will be shifted to a temporary digital remote switch, which will provided higher quality communications than the existing switch system. The PTK has also established radio communications links to Malisevo (Prizren), Sllatine/Slatina (Pristina) and Miloshevo (Pristina), which will enable installation of digital switches in these areas.

In the future all quarry applicants will  be required to submit environmental impact statements (EIS) before receiving a licence. Under a procedure drafted by the Department of Environmental Protection, licensing of quarries will need the approval of the Mining Advisory Board chaired by the Mines and Minerals Directorate of the Department of Trade and Industry. The Institute for Nature and the Environmental Protection will evaluate the environmental implication of the applications. EISs assess the environmental impact of the proposal and outline measures to protect the environment during quarrying. If quarrying is approved, the development consent includes conditions designed to ensure that quarrying activities have a minimal impact on the environment, adjacent landowners and residents.



UNMIK News is a publication of the Division of Public Information, UNMIK Pristina - Tel: (381.38) 501.395-402 Ext. 5610, email: ellwood@un.org