REGULATION NO. 2000/9

UNMIK/REG/2000/9

3 March 2000

 

 

ON THE ESTABLISHMENT OF THE ADMINISTRATIVE DEPARTMENT OF LOCAL ADMINISTRATION

 

 

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, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure, and recalling UNMIK Regulation No. 1999/14 of 21 October 1999 on the Appointment of Regional and Municipal Administrators,

 

For the purpose of establishing the Administrative Department of Local Administration,

 

Hereby promulgates the following:

 

 

Section 1

ADMINISTRATIVE DEPARTMENT OF LOCAL ADMINISTRATION

 

1.1       The Administrative Department of Local Administration (hereinafter as “the Department”) is hereby established.

 

1.2       The Department shall be responsible for:

 

(a)      Supporting the implementation of  policy guidelines formulated by the Interim Administrative Council in the area of local administration, as appropriate;

 

(b)      Safeguarding and developing local self-government; and

 

(c)      Reviewing the proposals and activities of other Administrative Departments, in order to ensure that such proposals and activities are consistent with the competencies and cost structures of local administrations.

 

 

Section 2

FUNCTIONS

 

2.1       The Department may make policy recommendations to the Interim Administrative Council through the Deputy Special Representative of the Secretary-General for Civil Administration concerning, inter alia:

 

(a)      The policy and legislative framework for local self-government;

 

(b)      The non-discriminatory, efficient, transparent and accountable provision of municipal services; and

 

(c)      Systems for financing local administrations that are sustainable and commensurate with their responsibilities, including a transparent, predictable and equitable system of budget allotments, and a general framework for local fees and charges.

 

2.2       The Department shall:

 

(a)       Establish and coordinate consultative mechanisms for joint review of policy issues amongst the municipalities;

 

(b)      Promote the development of a professional municipal civil service, including a fair, transparent and non-discriminatory recruitment policy, and provide guidance to build sustainable administrative capacity;

 

(c)       Identify efficient ways and means for training activities for the municipalities;

 

(d)      Assist the municipalities in making their activities and decisions transparent to the public;

 

(e)       Support inter-municipal cooperation;

 

(f)        Monitor the quality of municipal services, and ensure that services are provided on a non-discriminatory, efficient, transparent and accountable basis;

 

(g)       Facilitate the provision of legal guidance and advice to the municipalities;

 

(h)       Provide assistance to municipalities in the development of their budgets;

 

(i)         Coordinate the activities of international agencies and non-governmental organizations pertaining to municipalities;

 

(j)        Monitor the administration of municipal property;

 

(k)      Assists the Municipal Administrations and the Special Representative of the Secretary-General in the provision of administrative services to members of minorities through a Division of Community Affairs to be established within the Department;

 

(l)         Review compliance by municipalities with policy guidelines and administrative instructions in respect of tasks the execution of which is delegated to municipalities, and make appropriate recommendations to the Deputy Special Representative of the Secretary-General for Civil Administration; and

 

(m)     Perform such other functions as are ancillary to those set out above in this section and are assigned to the Department by the Deputy Special Representative of the Secretary-General for Civil Administration. 

 

 

Section 3

CO-HEADS OF THE DEPARTMENT

 

Co-Heads of the Department, under the supervision of the Deputy Special Representative of the Secretary-General for Civil Administration, shall be jointly responsible for:

 

(a)      Managing the Department and ensuring that the functions entrusted to it are implemented;

 

(b)      Staffing, organizing and administering the Department and issuing administrative instructions and operating guidelines on any matters pertaining to the functions of the Department; and

 

(c)      The effective and efficient management of resources provided to the Department from the Kosovo Consolidated Budget or from any other source.

 

 

Section 4

PERSONNEL AND EMPLOYMENT POLICY

 

Co-Heads of the Department shall:

 

(a)      Implement non-discriminatory personnel policies designed to ensure that the composition of the staff of the Department reflects the multi-ethnic character of Kosovo;

 

(b)      Endeavor to ensure equitable gender balance in all areas and levels within the Department; and

 

(c)      Ensure that all recruitment is based on professional qualifications, competence and merit.

 

 

Section 5

IMPLEMENTATION

 

The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.

 

 

Section 6

APPLICABLE LAW

 

The present regulation shall supersede any provision in the applicable law which is inconsistent with it.

 

 

Section 7

ENTRY INTO FORCE

 

The present regulation shall enter into force on 3 March 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General