Three Years after the Independence of Republic of Kosovo
Confidence Building in Kosovo
Advanced on Paper – Still Deficient in Practice
KosovoConstitutionaland legalCommitmentfully in line principles ofdemocracyandConfidence Building!
The substance of Kosovo constitution has been praised from EU Commission in its progress report for Kosovo
The constitution as such envisages separation of powers
Recently we have noticed that there is a need for strengthening the role of the president, and also improving the procedure of selection of the president – in this regard constitution will undergo some slight changes. In this line, perhaps Kosovo will slightly move from a pure parliamentary democracy to a form of semi-parliamentarian democracy. Nevertheless the role of the president in Kosovo has been strong enough, in particular in selecting judges, ambassadors.
Ahtisaari translated into the Constitution Republic of Kosovo
Overall Kosovo legislation reflect the Ahtisaari provisions in regard to respect to non majority communities; in decentralization of powers, in separation of powers, and also in making sure that there is going to be a full respect for cultural and language diversity in Kosovo. Also it is important to emphasize that based on Ahtiasari provisions, the constitution of Kosovo envisages our country (Kosovo) as a very constructive actor in relation to regional countries, and vis-à-vis its role and relation towards international organizations.
Decentralization
Decentralization process in Kosovo as projected by Ahtiasari status settlement, and by Kosovo constitution provides possible grounds for extended decentralization of powers from central to local/municipal authorities, and moreover embraces all international and European standards that guarantee financial, political, and operational autonomy /functionality of Municipal authorities. Following the entry into force of the Kosovo Constitution on 15 June 2008[i], Kosovo as projected by Ahtiasari status settlement, and by Kosovo constitution provides possible grounds for extended decentralization of powers from central to local/municipal authorities, and moreover embraces all international and European standards that guarantee financial, political, and operational autonomy /functionality of Municipal authorities. The model for this framework that provides greater autonomy for municipal leadership has been incorporated in the Law on Local Self Government (LLSG)[ii] which includes in itself a broad range of service sectors such as health care, education, social services and local economic development. The European Commission Progress Report for 2008[iii] states that “Local government has been strengthened. New legislation on administrative municipal boundaries, local self-government, and local government finance and decentralization came into force in June”. Under the Constitution of Kosovo, five new municipalities are to be established in minority areas and the territory of one municipality, Novobërdë/Novo Brdo, was to extend its territory. However, as it is highlighted in a KLGI Study[iv] developed two years after the adoption of the Constitution of Republic of Kosovo, “the process of decentralisation and the establishment of new municipalities have been marked with both challenges and successes”. New municipalities are struggling to provide basic services to their communities as they have to compete with the parallel structures sponsored illegally by Belgrade, which are still present, in particular in the field of health and education sector in several municipalities[v].
-Reserve Seats in the Parliament
10 seats are reserved for Serbs
10 for other minorities
-Multi EthnicGovernment
Kosovo has set a standard in regard to non-majority representation at all level of governance. We have ministerial representation in Kosovo, and also there are deputy ministers from Serb and other non-majority communities.
Challenges:
Official stand of Belgrade to Oppose Independence
The role of Belgrade in Kosovo developments has hindered and also undermined institutional commitments in Kosovo – those domestic or international – and sometimes was focused in making Kosovo a failed state. These include direct interference in Kosovo domestic/internal affairs, its role in interfering Kosovo integration in international organizations, its obstruction in Kosovo inter-state relations, and sometimes went to the point where Belgrade even interfered in developments of cultural and academic sphere such as interruption of participation of Kosovo citizens in conferences, seminars, and workshops. The simplified picture of Belgrade position was that Kosovo and its citizens should not be treated as all other Europeans.
Full Integration of Serbs (ParallelStructures, Northern Kosovo)
One example of Belgrade interference in Kosovo developments is through parallel structures. Such structures were established and supported by all means by Belgrade. The character of these parallel structures ranges from education – to – political – to security structures. Their active role in Kosovo was focused in refusing the legitimacy and functionality of Kosovo institutions. Nevertheless, Kosovo institutions and international community showed patience in order to integrate Serb community living all over Kosovo expect North of Kosovo where little progress has been achieved. In this line currently it is expected that Kosovo and international institutions/community will seriously tackle the issue of parallel structures in that area, in order to extend to make Kosovo a unified and fully functional political system/society.
Nonrecognitionfrom five EU Countries - EU Perspective in Question
The issue of non-recognition of Kosovo by five EU member states poses very serious challenges for the EU. During 90s the region has suffered from Europe ‘divisions’, and time has come for EU to show that they have a common policy for Balkan countries, and also they have a clear view how Kosovo future should look like, and what will be specific requirements for both Belgrade and Prishtina. Only then the EU institutions, and member states can hold accountable these countries for failing to have a constructive behavior – acceptable for EU.
Insincere approach from EU (they speak publicly with modest tone, cables are harsh agaisnt Kosovo)
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Economyand Rule of Law
Kosovo economy is closed and underdeveloped. Though the role of international institutions is to make sure that Kosovo economy is not going to deteriorate it is evident that Kosovo needs an increased international financial support package. Also for Kosovo there should be trade facilities, and perhaps member states can help with legal/seasonal work. It is difficult in time of world economical crisis but there should be special focus in regard to Kosovo economical performance. Also Kosovo economy can be supported by foreign investments.
The rule of law is one of major obstacles. There is a EU Mission designed to support this sphere of governance yet there is a crystal clear that little has been achieved. The international community should make clear to Kosovo political elite that the rule of law is not ‘negotiable’ standard for Kosovo European future, and also it should be based on rejection of double standards regarding law enforcement/implementation. Until there are signs that the law is not being applied when public and political figures are in question this will show that Kosovo remains far away from its EU integration objective. And the challenges for the rule of law in Kosovo remain widespread ranging from traffic breach of law, /administering with public finances, to counting of election ballots.
Way forward:
Full Partnership in EU Integration Agenda – Clear Road Map (similar to Standards before Status introduced by the Former Prime Minister Ramush Haradinaj
The only way that the region can move forward is that EU and USA deliversclear message to Belgrade that there is no way to go back – Independence has been recognized by 25 EU Member States partition is not an option
EU and USA deliver clear message to Kosovo Authorities that EUperspectiveis conditioned with R 0f L and Good Governance
[i] Constitution of Republic of Kosovo:
[ii] Law on Local Self Government:
[iii] EU Progress Report 2008:
documents/reports_nov_2008/kosovo_progress_report_en.pdf
[iv] Clear on Paper Blurred in Practise KLGI Report:
[v] Interview with Bajrush Ymeri, Mayor of Novoberde/Novo Brdo (13/04/2011), and Nexhmedin Arifi,