REGULATION NO. 2000/1

UNMIK/REG/2000/1

14 January 2000

 

 

ON THE KOSOVO JOINT INTERIM ADMINISTRATIVE STRUCTURE

 

 

The Special Representative of the Secretary-General,

 

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

 

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 1999/24 of 12 December 1999 on the Law Applicable in Kosovo and UNMIK Regulation No. 1999/25 of 12 December 1999 Amending UNMIK Regulation No. 1999/1 on the Authority of the Interim Administration in Kosovo,

 

For the purpose of establishing a Joint Interim Administrative Structure for Kosovo,

 

Hereby promulgates the following:

 

 

Section 1

PRINCIPLES OF THE JOINT INTERIM ADMINISTRATIVE STRUCTURE

 

The following principles shall govern the Joint Interim Administrative Structure:

 

(a)   Respecting United Nations Security Council resolution 1244 (1999) of 10 June 1999, representatives of political forces of Kosovo share provisional administrative management with UNMIK.  The Special Representative of the Secretary-General retains legislative and executive authority;

 

(b)  All administrative decisions shall be in conformity with the law applicable in Kosovo;

 

(c)   The establishment of the Joint Interim Administrative Structure shall start on the entry into force of the present regulation.  Current Kosovo structures, be they executive, legislative or judicial (such as the “Provisional Government of Kosovo” and “Presidency of the Republic of Kosovo”), shall be transformed and progressively integrated, to the extent possible and in conformity with the present regulation, into the Joint Interim Administrative Structure, which should be operational by 31 January 2000 by which time these and all other Kosovo structures of an executive, legislative or judicial nature shall cease to exist; and

 

(d)  All communities of Kosovo shall be involved in the provisional administrative management through procedures set out in the present regulation with a fair representation of all communities.

 

 

Section 2

KOSOVO TRANSITIONAL COUNCIL

 

2.1     The consultative role of the Kosovo Transitional Council shall be maintained but its membership shall be enlarged as soon as possible following discussions in the Interim Administrative Council referred to in section 3 below, to better reflect the pluralistic composition of Kosovo.

 

2.2     The Kosovo Transitional Council should meet every two weeks.  The Special Representative of the Secretary-General may convene extraordinary sessions of the Kosovo Transitional Council whenever necessary.

 

2.3     The Kosovo members of the Interim Administrative Council are also members of the Kosovo Transitional Council.  They shall inform the Kosovo Transitional Council of the work of the Administrative Departments referred to in section 7 below.

 

2.4     The Co-Heads of Administrative Departments may be invited to inform the Kosovo Transitional Council on the work of their Departments.

 

2.5     If a majority of members of the Kosovo Transitional Council disagrees with a position or decision taken by the Interim Administrative Council, it can propose a different solution to the Special Representative of the Secretary-General who shall take a final decision.

 

 

Section 3

INTERIM ADMINISTRATIVE COUNCIL

 

3.1     The Interim Administrative Council shall make recommendations to the Special Representative of the Secretary-General for amendments to the applicable law and for new regulations.  In addition, it shall propose policy guidelines for Administrative Departments in applying the applicable law.

 

3.2     A Special Expert Committee on Security (also dealing with the situation of minorities), composed of UNMIK and Kosovo experts, shall be directly attached to the Interim Administrative Council.  This Committee may also liaise with KFOR and the Police.

 

 

Section 4

COMPOSITION OF INTERIM ADMINISTRATIVE COUNCIL

 

4.1     The Interim Administrative Council shall consist of eight members appointed by the Special Representative of the Secretary-General, of whom four members shall be from Kosovo and four members shall be deployed from UNMIK.

 

4.2     The four members from Kosovo shall consist of three members who shall be Kosovo Albanians and one member who shall be a Kosovo Serb. The UNMIK members shall be the Principal Deputy Special Representative of the Secretary-General, the Deputy Special Representative of the Secretary-General for Civil Administration, the Deputy Special Representative of the Secretary-General for Democratization and Institution-Building, and the Deputy Special Representative of the Secretary-General for Economic Reconstruction.

 

4.3     The Interim Administrative Council may by consensus, and subject to the procedures set out in the present regulation, take decisions to enlarge its membership.

 

4.4     The Special Representative of the Secretary-General shall invite two observers to attend the meetings of the Interim Administrative Council.  The observers shall be a representative of civil society in Kosovo and the Deputy Special Representative of the Secretary-General for Humanitarian Affairs.

 

 

Section 5

PROCEDURES OF THE INTERIM ADMINISTRATIVE COUNCIL

 

5.1     The Special Representative of the Secretary-General shall preside over meetings of the Interim Administrative Council.  In the absence of the Special Representative of the Secretary-General, the Principal Deputy Special Representative of the Secretary-General shall preside, in which case he may designate an alternate to act in his place as member.  The presiding officer shall not vote.

 

5.2     There shall be two co-chairs of the Interim Administrative Council.  One co-chair shall be the Principal Deputy Special Representative of the Secretary-General or his alternate.  The other co-chair shall be a Kosovo member.  This co-chair shall rotate among the Kosovo members every two months.

 

5.3     The Interim Administrative Council should meet at least once a week.  The Special Representative of the Secretary-General shall convene extraordinary meetings of the Interim Administrative Council whenever necessary.

 

5.4     Each member of the Interim Administrative Council shall have one vote.  An alternate designated by an absent member to act in his or her place at a meeting shall have the right to vote for that member. 

 

5.5     Observers shall have no right to vote but shall have the right to speak.

 

5.6     The Interim Administrative Council shall decide on its rules of procedure, including the assignment of certain responsibilities to particular members.

 

 

Section 6

DECISIONS OF THE INTERIM ADMINISTRATIVE COUNCIL

 

6.1     Members of the Interim Administrative Council shall try, to all possible extent, to reach consensus.

 

6.2     If the Interim Administrative Council takes a decision by consensus, or by a three quarters majority of those present and voting, the Special Representative of the Secretary-General shall accept such decision unless he advises the Interim Administrative Council otherwise in writing within seven days explaining the reasons for his differing decision.

 

6.3     If the Interim Administrative Council does not take a decision by consensus or by three quarters majority, the Special Representative of the Secretary-General shall take a decision.

 

 

Section 7

ADMINISTRATIVE DEPARTMENTS, THEIR LEADERSHIP AND STAFF

 

7.1     The Administrative Departments shall be established in accordance with the procedures in section 9 of the present regulation.  An indicative list is attached as an Annex to the present regulation.  The police shall not fall into the competency of any such Department.

 

7.2     The Administrative Departments shall perform the provisional administrative tasks to implement the policy guidelines formulated by the Interim Administrative Council. 

 

7.3     The Administrative Departments may make policy recommendations to the Interim Administrative Council through their respective Deputy Special Representatives of the Secretary-General.  The Deputy Special Representatives of the Secretary-General, in consultation with the Co-Heads of Administrative Departments, shall be responsible for the preparation of draft policy papers and for their transmission to the Interim Administrative Council.

 

7.4     The Administrative Departments report to their respective Deputy Special Representatives of the Secretary-General who shall be responsible, in close co-operation with the Co-Heads of Department, for the implementation of policy by the Administrative Departments and for the co-ordination between Administrative Departments.

 

7.5     The Administrative Departments shall be jointly led by a Kosovo and UNMIK Co-Head of Department.  Both must have expertise in their area of competence.

 

7.6     The Co-Heads of Departments shall be appointed by the Special Representative of the Secretary-General.  The Special Representative of the Secretary-General shall consult the Interim Administrative Council on the appointment of the Kosovo Co-Heads of Department.

 

7.7     A Deputy Special Representative of the Secretary-General may create independent bodies to render advice on the administrative work of specific Departments.  Such bodies shall report directly to their respective Deputy Special Representative of the Secretary-General.

 

7.8     A Co-Head of Department shall not be a member of the Interim Administrative Council.

 

7.9     Co-Heads of Department shall take decisions jointly. If agreement cannot be reached the respective Deputy Special Representative of the Secretary-General shall take a decision.

 

7.10    Co-Heads of Department, in consultation with the respective Deputy Special Representative of the Secretary-General, may make proposals on the organizational structure of their Department.  The Interim Administrative Council shall be consulted prior to the implementation of such changes. 

 

7.11    Kosovo members of the Administrative Departments shall be part of the Interim Administration of Kosovo and financed from the Kosovo Consolidated Budget. UNMIK international staff may be deployed to serve in Administrative Departments.

 

 

Section 8

LOCAL ADMINISTRATION

 

8.1     The administration in a municipality shall be performed by a Municipal Administrative Board headed by the UNMIK Municipal Administrator.

 

8.2     Municipal Administrative Boards shall be composed of the UNMIK Municipal Administrator (or his or her representative), and of other members appointed by him or her: a President if one is appointed by the Municipal Administrator, one or more Vice-Presidents, Heads of Department, and such other persons who may be designated by the Municipal Administrator.  The Administrative Boards shall, to the extent possible, incorporate members of the current Kosovo municipal structures.

 

8.3     The Municipal Administrator shall assign administrative functions to members of the Municipal Administrative Board and shall set out policies and monitor their implementation by the municipal services.

 

8.4     The Municipal Administrator shall also temporarily administer Municipal property and assets directly.

 

8.5     The Municipal Administrative Board shall consult with a Municipal Council, to be chaired by the Municipal Administrator.  The members of the Municipal Council shall represent the citizens of the municipality and be appointed by the Municipal Administrator.

 

8.6     The Municipal Council shall be a consultative body and shall make recommendations to the Municipal Administrator on any matter within his or her competence.

 

 

Section 9

IMPLEMENTATION

 

9.1     The Special Representative of the Secretary-General shall consult with the Interim Administrative Council on the Administrative Departments to be set up and on their detailed competencies, on the basis of the indicative list set out in the Annex to the present regulation.

 

9.2     The Administrative Departments and their detailed competencies shall be established by the Special Representative of the Secretary-General through the issue of regulations. 

 

9.3     The speed and scope of implementation of the Joint Interim Administration shall be dependent upon the assessment by the Special Representative of the Secretary-General of the speed and sustainability of the dissolution of the Kosovo structures.

 

 

Section 10

APPLICABLE LAW

 

The provisions of the applicable law shall apply subject to the provisions of the present regulation.

 

 

Section 11

ENTRY INTO FORCE

 

The present regulation shall enter into force on 14 January 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General

 

 

 

 

Annex to UNMIK Regulation No. 2000/1

 

Indicative List of Administrative Departments

 

 

(1)  Finance and Economic Development

(2)   Reconstruction and Donor Co-ordination

(3)   Business Administration and Commerce

(4)   Education and Science 

(5)   Culture

(6)   Civil Affairs

(7)   Justice

(8)   Transport, Post and Telecommunication

(9)   Health and Social Welfare

(10)  Agriculture and Environmental Protection

(11)  Civil Security and Emergency Relief

(12)  Democratization and Media Development

(13)  Local Administration

(14)  Emigration