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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.
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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.
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