K O S O V O

 

S T A N D A R D S

 

I M P L E M E N TAT I O N

 

P L A N

 

 

 

 

 

 

 

 

 

 

31 March 2004

 

 

EXECUTIVE SUMMARY

 

 

The Kosovo Standards Implementation Plan

 

The Kosovo Standards Implementation Plan (KSIP) sets out the actions and policies to reach the standards set out in the document “Standards for Kosovo” published in Pristina on 10 December 2003 and subsequently endorsed by the UN Security Council in its statement of 12 December.  The “Standards for Kosovo”, and in particular its introduction, establish the legal foundation and guiding principles for this implementation plan.

 

The “Standards for Kosovo” describe a Kosovo where public institutions are representative and democratic, where the rule of law is effective, respected and accessible to all, where those IDP’s who wish to are free and able to return to Kosovo without hindrance, threat or intimidation, where all individuals, regardless of ethnic background, can travel and work safely, and use their languages (and where that use is respected) anywhere and in any institution of Kosovo, where the framework for a functioning market economy is in place and where the Kosovo Protection Corps operates strictly within its mandate; furthermore, the standards describe a Kosovo where Pristina is participating in successful dialogue with Belgrade and where Kosovo is in stable and peaceful relationships with its regional neighbours. In short, a truly multi-ethnic, stable and democratic Kosovo which is approaching  European standards.  In this regard, the standards process is in harmony with Kosovo’s parallel European Union Stabilisation and Association Process Tracking Mechanism (STM). These processes are mutually reinforcing.

 

The “Standards for Kosovo” document describes this objective in detail.  The “Standards for Kosovo” remains the target for Kosovo. Progress against this target will be the basis for any review in mid-2005 to begin consideration of Kosovo’s final status.

 

Achievement of the standards also requires co-operation from the government of Serbia and Montenegro in Belgrade. We urge their constructive engagement in a process designed to protect and promote the interests of all communities in Kosovo.

 

 

Structure of the KSIP

 

The Kosovo Standards Implementation Plan (KSIP) describes actions to be undertaken by the PISG and other institutions to achieve the standards.  UNMIK’s actions, in most elements of the Plan, are in support of the PISG.  In some cases, in particular for areas of reserved competence (such as the Rule of Law), UNMIK bears the primary responsibility for action since it bears legal and functional responsibility for these standards.  In some cases, actions are to be jointly undertaken by the PISG and UNMIK, but, in all respects, achievement of the standards requires cooperation and collaboration of the PISG and UNMIK. 

 

The KSIP sets out in detail what actions are designed to meet the standards (“Action”), who is responsible for undertaking that action (“Responsible Actor”), who will support the principal actor (“Supported by”) and when the action is planned to take place (“Timeline”). 

 

In each section of the KSIP, the introductions set out in detail the strategy and priorities to reach the standards in that area. 

 

 

Immediate Priorities

 

In the light of the violence of 17-20 March 2004, the immediate priority is the establishment of the rule of law, prosecution of perpetrators and public respect for law and order.  This is the responsibility of all the people of Kosovo.  In addition, there must be rapid steps, primarily undertaken by the PISG, to rebuild damaged and destroyed property and actively to facilitate the return of those displaced from their homes.  There need to be steps taken, led by political leaders, to begin to effect reconciliation between the communities.

 

In the longer run, it remains vital that there be progress in all areas of the standards.  But within them, there are some key priorities.

 

It is essential that Kosovo’s institutions, including the institutions of government, the Assembly and municipal-level bodies make more progress in allowing the full participation of all communities and in producing and implementing policies that fully protect the rights and reflect the needs of all communities.  Political parties, particularly in an election year, bear the same responsibility.  The participation of all communities, and policies and actions to facilitate such participation, is central to the standards process.

 

Meanwhile, there will be a greater effort to examine new institutional arrangements to allow more effective local government, accountable to local communities, and to integrate parallel structures into Kosovo’s institutions.  Both goals will be taken forward in discussion with leaders of all communities in Kosovo, with the overall aim to produce institutional arrangements that are acceptable and effective for all and which thus help lay sound foundations for Kosovo’s future.  The dismantling of parallel structures will also require the cooperation of the government of Serbia and Montenegro. 

 

An effective rule of law requires above all that every member of every community in Kosovo is able to live, work and travel in a peaceful and secure environment. Recent events have demonstrated how far there is to go in attaining this goal. Such an environment requires not only an effective and professional police service and judiciary but above all the active cooperation of every inhabitant of Kosovo.  There must be coordinated action to enforce and protect property rights and end illegal occupation of property.

 

The standard of freedom of movement is also some way from being met.  It is the responsibility of the PISG to institute policies that enable members of every community to travel, live and work freely anywhere in Kosovo.  These policies are now being examined, and may be revised, to ensure that they can effectively meet this target.  Likewise, it remains a standard that all those IDP’s who wish to do so should be helped to return to their homes.  This requires action from the PISG at central and municipal level, supported by UNMIK, and the support of all communities in Kosovo and their leaders.

 

There must be more dynamic action to energise Kosovo’s economy.  This requires that there is a clear legal framework, responsible management of the budget and transparent economic policy-making.  There needs to be more rapid progress in privatisation.  All these actions will facilitate investment – both internal and external - and job-creation. 

 

Review of the KSIP

 

The KSIP will be reviewed in future months and revised as actions are fulfilled and new ones are identified.  In particular, the section on returns and freedom of movement will be thoroughly reviewed in the light of recent events, in order to ensure that planned actions can effectively fulfill these essential standards.  The purpose of future revisions will be to ensure that actions contained in the plan effect maximum progress towards the standards as set out in “Standards for Kosovo”.

 

 

Assessment

 

            Assessment of the progress of the PISG and Kosovo as a whole against the standards will be performed on a quarterly basis by the United Nations, in consultation with other key international partners (such as the Contact Group and European Union), and will be reported to the Security Council by the UN Secretary-General.

 

31 March 2004

 

1.    FUNCTIONING DEMOCRATIC INSTITUTIONS

 

“The Provisional Institutions of Self-Government (PISG) are freely, fairly and democratically elected.  The PISG governs in an impartial, transparent and accountable manner, consistent with UNSCR 1244 and the Constitutional Framework.  The interests and needs of all Kosovo communities are fully and fairly represented in all branches and institutions of government.  Those communities participate fully in government.  The laws and functions of the PISG approach European standards.  The PISG provides services for all people of Kosovo throughout the territory of Kosovo; parallel structures have been dismantled.”

 

The Provisional Institutions of Self-Government (PISG), elected municipal bodies, the media and civil society are expected to play a determining role in the achievement of the Standards for Kosovo overall. The  events of 17-20 March, however, indicate that the efforts by institutional and civil society actors in the Kosovan society need to be intensified to establish inter-communal  tolerance,  respect and co-operation . The active contribution of the PISG and civil society to the building of confidence between all communities is essential for the foundations of democracy in Kosovo and for the sustainability of its institutions.    

 

Elections

 

Current Situation

 

Since 1999, the three election cycles in Kosovo have been almost exclusively international undertakings. From 2004 and onwards, elections will be managed to an increasing extent by a Kosovan electoral administration, a multi-ethnic Central Electoral Commission (CEC) and its Secretariat.

 

Challenges Ahead

 

The elections slated for autumn 2004 present challenges for Kosovo; the challenge of achieving inclusiveness has become more pressing after the March violence. However, they also present an opportunity to build on the legacy of free, fair, inclusive and democratic elections from the three previous cycles. To make the election processes sustainable, their cost-effectiveness shall also be ensured, without compromising the international standards for elections. The political parties participating in the Kosovo elections have a responsibility towards the electorate to increase their internal democracy, transparency, and accountability. To achieve that aim, they should amend their statutes where necessary to bring them in harmony with relevant legal provisions, actively promote the democratisation of their structures, and comply with requirements of financial reporting, both on their electoral campaigns and on an annual basis. 

 

Priority Actions

 

The following actions should be prioritized:

·        CEC provides a level playing field for political entities, candidates, and eligible voters to participate in the elections without discriminating against any community.

·        CEC operates a sustainable programme that allows IDPs and refugees to choose to participate in elections even if their ability to return to Kosovo is curtailed.

·        Elections are held that are determined by local NGOs and international organizations, certified to observe the elections, to be free and fair and to satisfy basic standards of universality, transparency, and ballot secrecy.

·        Political parties should comply fully with the legal framework for their operation and financial accountability, including amending their statutes where necessary to bring them into compliance with applicable law.

·        In the run-up to the elections, the political parties encourage community reconciliation and should refrain from indulging into divisive policies that could encourage inter-ethnic hatred

 

PISG

 

Current Situation

While some progress has been made by the Provisional Institutions of Self-Government in consolidating their functioning democratic underpinnings, the PISGs still suffer from institutional, systemic and human resource capacity problems. These pose limitations to the achievement of the overall objectives of fairness, multi-ethnicity, efficiency and transparency, which are critical for the sustainability of the institutions and stability in the region.

 

Challenges Ahead

 

Recent events showed the need for the PISG to play a much more active role in fostering a multi-ethnic and inclusive society in which all communities have a sense of effective participation and none feels discriminated against. In addition, institutional mechanisms should be strengthened and human resources capacity enhanced, with a view to eliminating “ad-hocism” in policy-making, as well as corruption and inequities in service-delivery.

 

Priority Actions

The Standards Implementation Plan enjoins the PISG to address these challenges through:

·        Involvement of all communities in a meaningful manner in decision-making, and promotion of an atmosphere of tolerance and co-operation among them;

·        Adherence to the overall legal framework for their respective activities;

·        Enhancement of institutional efficiency by further consolidating legal and administrative systems and procedures in governance;

 

·        Implementation of norms and procedures in all activities and effecting service delivery in a transparent, fair, equitable and sustainable manner and without discrimination or favour;

·        Playing a constructive role in addressing issues such as decentralization of local government and integration of parallel structures in the PISG structures;

 

Media/Civil Society

 

Current Situation

 

The media and civil society have an important part to play in monitoring and enhancing democracy in Kosovo. In particular, action needs to be taken to ensure  professional, responsible, and non-discriminatory media that caters to all ethnic communities.  The violence of 17-20 March and the irresponsible role played by some in the media underlines this need.

 

Challenges Ahead

 

The media should ensure access to information by all communities in their mother tongue, and education in journalism should be made available without discrimination, in order to create a firm basis for qualitative journalism in the future.  Media should be ready to perform in a professional way when confronted with challenges of ethnic tension, and foster notions of ethnic tolerance and co-operation. Civil society organisations, without discrimination as to what communities they represent, should be allowed to function in Kosovo without hindrance and within the law, and their role of effectively representing their interests should be facilitated. 

 

Priority Actions

 

The following actions should be prioritized:

·        Put in place a comprehensive media regulatory system, including the establishment of the Independent Media Commission (IMC), in accordance with European standards.

·        Create a multi-ethnic press council, to provide print media with a necessary self-regulatory system, including a system for eliminating hate speech.

·        The role and functioning of the Kosovo public broadcaster should be supported and regulated by law.

·        Permanent structures that would provide civil society organisations with more access to public policy making should be established and respected.


 

1. Elections

 

Standard

Action

Responsible Authority

Supported By

Timeline

1. Elections are regular, transparent, free and fair, conforming to international standards, allowing the full and peaceful participation of all communities and ethnic groups.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.1 Certify local NGOs and international organizations to observe elections. Elections are determined by observers to be free and fair and to satisfy basic standards of universality, transparency, ballot secrecy.

 

CEC

Pillar III, Observers

March-November  2004 and future elections

1.2 Organize a sustainable and cost effective field operation, including management of the budget.

 

CEC and Secretariat, Municipal Authorities, MECs OPM, MPS, MEST, MFE

Pillar III

March-November 2004 and future elections

1.3 Provide adequate voting sites to all communities in Kosovo. Adequate security and other measures if freedom of movement to assigned polling stations is inadequate.

 

CEC and Secretariat, Municipal Authorities

Pillar III,  Pillar I (Police), KFOR

March-November 2004 and future elections

1.4 Cooperation with municipal level to dedicate local resources without delay in support of the preparation and execution of polling day activities.  

 

CEC and Secretariat, Municipal Authorities

Pillar III

Ongoing

1.5 Provide sufficient public information on how, what, when and where voting will take place.

 

CEC and Secretariat, all Media

Pillar III

March-November 2004 and future elections

2. Internally-displaced persons and refugees continue to be fully included in the Kosovo election process and their ability to vote is facilitated.

 

 

2.1 Operate a sustainable program, to allow IDPs and refugees to choose to participate even if their ability to return to Kosovo is curtailed.

 

CEC

Pillar III

Operation phase starts March 2004, and future elections

2.2 Conduct outreach for participation by eligible out-of-Kosovo voters.

 

CEC and Secretariat, Media, Political Entities

Pillar III

March-November 2004 and future elections

 

3. An independent, representative and multi-ethnic Central Election Commission administers elections.

 

3.1 Multi-ethnic and continuously operationalCEC is established, as provided under electoral framework.

 

 

 

Mandated body under electoral framework

Pillar III

March 2004

3.2 Provide a level playing field for political entities, candidates, and voters to participate in the elections. CEC decisions do not discriminate against any community in Kosovo and take into consideration specific interests of all communities and the need to build a stable multiethnic community in which the interests of all communities are clearly and equitably represented and served.

CEC

Pillar III

2004 onwards

3.3 Electoral rules and procedures approved in a timely manner.  Diverging political or ethnic interests are not allowed to create operational stalemate. The interests of all communities are taken into account and are specially considered when determining electoral rules and procedures. Gender equality considerations shall also be taken into account.

 

CEC

Pillar III

March 2004

3.4 Monitor the thorough implementation of the legal dispositions regarding the participation of women in the electoral process, in line with European Standards.

CEC

Pillar III

Ongoing

3.5 Ensure a cost-effective electoral process which satisfies international standards

CEC and Secretariat/MFE

Pillar III

Ongoing

4. A comprehensive legal framework covering political party operation and finances is adopted and enforced

4.1 Adopt comprehensive Political Party Regulation, including sanctions for non-compliance

 

Political parties Pillar III

Pillar III

 

March 2004

4.2  Political parties comply with terms of the regulation and amend their statutes where necessary to bring them into compliance with its requirements , including:

  • Political party representatives and organs are democratically elected and on a regular basis.
  • Political parties regularly submit their financial reports, as prescribed in the Regulation.
  • Parties which have not submitted their annual financial reports for 2002 and 2003 do so, as provided under AD 2004/1.
  • Political Parties allow and cooperate with auditing of their finances.
  • If public funding for political parties is available, establish formula for its allocation and distribution that does not discriminate against reserved seats in the Assembly.

Political Parties

 

 

 

 

 

 

 

 

 

 

 

Assembly

Pillar III

 

 

 

 

 

 

 

 

 

 

 

Pillar III

Start when Regulation in force

 

 

 

 

 

 

 

 

 

As soon as possible

5. A range of democratic political parties contests elections.

 

5.1 Certify all political parties which satisfy registration and certification requirements.

 

CEC

Pillar III

Certification period

5.2 Establish effective and efficient complaints and appeals procedure for refusal of certification to participate in the elections.

ECAC/ CEC

Pillar III

Ongoing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Provisional Institutions of Self - Government

 

Standard

Action

Responsible Authority

Supported

By

Timeline

6. All communities are proportionately represented at all levels of the PISG, in accordance with applicable legislation.

The PISG and local municipal government decide and enact legislation in an open, accountable and democratic manner.

6.1 Implementation of established administrative instruments for providing representation to communities, based on their population, in all central provisional government offices.

PISG (MPS, Government)

 

Pillar II

Ongoing, administrative instruments established.

6.2 Determination of minimum representation standards, based on population criteria, for municipal level offices, taking into account the right and the demand of refugees and IDPs to return.

MPS/ Municipalities

Pillar II

July 2004

6.3 Development and implementation of plans designed to increase and encourage participation of the communities in the civil service esp. at senior levels (e.g. outreach programs and rules for operating rosters for filling up vacancies keeping in view the legislation and standards so developed and notified). Communities participating in the civil service do so in an atmosphere of tolerance and respect for each other.

MPS; Pillar II

Pillar II

September 2004 and onwards

6.4 Enhancing access to employment information by all communities, including IDPs(e.g by increased use of all communities media for vacancy announcements).

All PISG

Pillar II and Pillar III

From January 2004 onwards

6.5 Organisation of special recruitment drives for removing back-log of communities’ vacancies in PISG at central and local levels.

All PISG

Pillar II

From January 2004 onwards

6.6 Establish structure, e.g. a separate office with representation from all communities, to monitor communities’ representation in the PISG.

 

OPM/MPS

Pillar II and Pillar III

June 2004

6.7 Staff records maintained and statistics produced (gender, ethnicity, age, seniority) by all PISG offices.

All PISG

Pillar II

December 2004

6.8 Rules of Procedure for the Conduct of Assembly business to be reviewed, well defined, notified and adhered to. The Rules should be in accordance with the Constitutional Framework and internationally accepted norms for legislatures.

Assembly

OLA

As soon as possible

6.9 Rules of Procedure for Assembly incorporate provision for consultative process (public hearing of draft laws, conformity with EU aquis etc.) in accordance with European practices, and there is no breach of such provisions.

Assembly, OPM

Assembly Support Initiative, OLA

As soon as possible

6.10 Rules of Procedure of the Assembly provide for debates/question time to review work of Ministries.

Assembly, OPM

Pillar II and Pillar III

As soon as possible

6.11 Rules for conduct of Government Business to be formulated notified and adhered to. The Rules would inter-alia specify the class of cases that will require the approval of the Government and the procedures for inter-ministerial consultation and examination of technical issues before consideration by Government.

OPM

Pillar II

September 2004

6.12 Rules for conduct of municipal business adopted and implemented by each municipality. The Rules should inter-alia provide for inter-departmental consultations, public consultations and consultation with communities’ committees/ groups.

MPS/ Municipalities

Pillar II

September 2004

6.13 Government and Municipal policy decisions are screened for compliance with equal opportunity/ human rights/ gender equality/ communities’ interests.

All PISG/ AOGG (OPM)

 

 

Pillar II and Pillar III

 

Continuous

6.14 Joint (UNMIK-PISG) Gazette publication to start. All PISG legislative issuances and Administrative Directions and Instructions to be notified in the Joint gazette in all official languages.

PISG(OPM) and Pillar II

Pillar II

June 2004

6.15 Information provided in a timely and constructive manner to UNMIK personnel assigned to monitor Ministries, Assemblies and Municipalities on impending policy decisions and processes.

All PISG

Pillar II and Pillar III

Continuous

6.16 Assembly does not recommend for promulgation any law that is inconsistent with UNSCR 1244 and the Constitutional Framework.

Assembly

O/SRSG (OLA) and Pillar III

To start immediately

7.  All official languages are respected throughout the institutions of government.

 

7.1 Establish structure/unit, to oversee the implementation of the official language policy that adequately meets the requirements of the communities. Corrective actions to be taken on infringement of the policy.

 

PISG, OPM

Pillar II

June 2004

7.2 PISG issues Executive Direction and ensures implementation of the Official Language Policy laying down mandatory norms to be followed by PISG offices.

PISG, OPM

Pillar II

June 2004

7.3 Statistics/report on compliance with official language policy from all government Ministries and Municipalities are obtained and published.

OPM

Pillar II

December 2004

 

7.4 PISG assign responsibility within each Government Office to ensure implementation of official language policy.

OPM, All Ministries

Pillar II

 

December 2004

7.5 A Kosovo Assembly Committee (with requisite community participation e.g. the Committee on rights and interest of communities) is empowered t oversee the implementation of official language policy.

Kosovo Assembly

Pillar III

December 2004

7.6 Adequate staffing and financial resources allocated to offices for ensuring that translation and interpretation facilities are available in a timely manner.

PISG, MFE

Pillar II

March 2004

7.7 Government approves panel of translators for translating documents, together with corresponding rates, to ensure timely translations of official documents.

OPM, MFE

Pillar II

June 2004

7.8 Legal instruments concerning names of cities, villages and municipalities etc are respected, and changes to them are addressed through appropriate legal instruments that are developed through consultation between UNMIK and the PISG. 

UNMIK, PISG

 

Ongoing

8. PISG and Municipalities ensure the availability of basic public services  such as health care, utilities and education, without discrimination to all communities in Kosovo.

 

 

8.1 Functional Joint Steering Board on Public Administration (chaired by the Prime Minister and including Heads of UNMIK Pillar II and III) to provide strategic guidance and coordination for strengthening public administration in Kosovo.

OPM

Pillar II and Pillar III

Board established.

8.2 Development and announcement of a Public Administration Strategy by Government, with concrete objectives and a strict implementation time-table, as a follow-up of the initiatives flowing from the expert studies already conducted and a proposed workshop with local and international stakeholders.

OPM

Pillar II

February 2004- June 2004

8.3 PISG, Ministries and Public  Service providers formulate and publish standards of services they will provide to the citizens, to be measured periodically through Citizens' Report Cards.

Ensure that the formulation of public services standards fully takes into consideration the specific needs and interests of women.

All PISG, AOGG (OPM)

 

Pillar II

December 2004

8.4 Anti-discrimination law is adopted and enforced, in compliance with relevant European standards.

OPM, Kosovo Assembly

Pillar II and III

As soon as possible

8.5 All PISGs, Municipalities and Public Service Providers prepare and implement annual sub-component plans (as a supplement to their detailed budgets) specifying, in physical and financial terms, the measures to be taken for addressing the needs of communities that constitute the minorities in their areas. The sub-component plans should conform to the norms of fair-share financing.

All PISG Ministries and Municipalities

Pillar II.

April 2004 for preparation-

Implementation thereafter

8.6 Report on the communities’ sub-component plan to be made an integral part of the annual reports of the Ministries, Municipalities and Service Providers.

PISG Ministries,  Municipalities and Service Providers.

Pillar II

Annual

8.7 Appropriate administrative institution in PISG identified, (with adequate community representation), for evaluating service delivery to communities-including the provision of public utilities- and publication of reports by such institutions on a quarterly basis.

OPM

Pillar II

May 2004

8.8 All PISG Ministries and municipalities establish public grievance redressal offices with adequate community representation, including a system for accepting and engaging with public utilities providers on claims of inadequate utility service provision .

 

All PISG Ministries and Municipalities and Public utility providers

Pillar II

Pillar IV

September 2004

8.9 PISG designate a responsible office to engage with Public Utilities to address inequalities in service provision to communities and their representation/employment within the utilities sector, particularly in customer services and technical support.

PISG, OPM

Pillar IV

May 2004

9. The civil service is professional, impartial and accountable, representative of all communities in Kosovo and includes a significant proportion of women.

9.1 Organisational structures in the Ministry Headquarters (Secretariat) to be standardized.

OPM with MPS and other Ministries

Pillar II

September 2004

9.2 Administrative direction to be issued delegating administrative and financial responsibilities by Ministers to various civil service levels in PISG Ministries, permitting routine administrative functions to take place without political interference.

MPS, MFE

Pillar II

June 2004

9.3 Disciplinary procedures of the civil service to be elaborated.

MPS

Pillar II

June 2004

9.4 Comprehensive Plan to be approved, duly supported by financial resources, for capacity building of civil servants, including technical and leadership training. The plan should have at least the following:

  • Definition of KIPA’s role;
  • Definition of professional standards for key posts (finance, personnel, legal, planning) in Ministries and Municipalities;
  • Assessment of capacity gaps;
  • Updated training needs assessment;
  • Training Plan for year 2004 and 2005;

MPS

Pillar II and Pillar III

September 2004

 

9.5 Recruitment procedures to be reviewed and elaborated to insulate them from political interference and to enhance transparency. Mechanisms for addressing recruitment related issues/ complaints to be strengthened by operationalising the Independent Oversight Board.

MPS

Pillar II

Ongoing

9.6 Investigate thoroughly all incidents of discrimination and harassment in the workplace by public servants and elected officials (see also 8.4 on Anti-Discrimination law).

MPS, AOGG

Pillar II and Pillar III

Ongoing

9.7 Performance Appraisal System for civil servants established and functional.

MPS

Pillar II

September 2004

9.8 Produce and notify specific set of regulations for parliamentary staff, in line with Kosovo civil service provisions.

Assembly (Presidency and Secretariat)

Assembly Support Initiative

First half of 2004

9.9 Actions for representation of communities and women in the PISG (as elaborated elsewhere in the paper)

 

PISG (OPM)

Pillar II

Ongoing

10. All communities have fair access to employment in public institutions.

Same as 6.1 to 6.7 and 8.4

 

 

 

11. Code of conduct and enforcement procedures exist to provide for transparent and accountable government; recommendations of Ombudsperson are given full weight.

11.1 Preparation of Rules of Government, as stated above in standard 6.

OPM; MPS

Pillar II

September 2004

11.2 Rules of Government, Rules of Procedure and Codes of Conduct adhered to by PISG in practice and action taken by Government for violations.

All PISG

Pillar II

March 2004 onwards

11.3 Information on PISG policies and executive actions made available timely and readily by PISG to UNMIK monitors at central and municipal levels.

All PISG

Pillar II

March 2004 onwards

11.4 Ministries, Municipalities and Public Utility Entities publish annual reports including their financial statements. The reports are provided to the Kosovo Assembly, Municipal Assemblies and UNMIK structures within three months of the closing of the year.

All PISG

Pillar II

March 2004 onwards.

11.5 Code of Conduct (including provision for financial disclosure) for political appointees is drafted and adopted. Mechanism established for enforcement of the Code.

OPM

Pillar  II and Pillar III

September 2004

12. Regular and independent audit of KCB, Assembly, government ministries and municipalities.

12.1 Audit plans drawn up by Auditor General’s Office every year in advance, and notified.

Auditor General

Pillar IV

March 2004

12.2 Auditor-Generals reports submitted to SRSG and the Assembly.

Auditor General

Pillar IV

December 2004

12.3 Internal Audit Units established for main expenditure units of KCB, and internal audits conducted.

MFE with PISG and Auditor- General

Pillar II

June 2004

12.4 Results on implementation of audit recommendations notified by each PISG expenditure unit.

All PISG

Pillar II

Annual

12.5 Kosovo Assembly Budget Committee, or a functional sub-committee of it, oversees public expenditures in PISG Ministries and budget organizations.

Kosovo Assembly

Pillar II and Pillar III

Start June 2004

and onwards

13. Allegations of misconduct are thoroughly investigated, elected officials and public servants responsible for unethical, fraudulent or corrupt behaviour are effectively disciplined.

13.1 Adopt and implement Anti-Corruption Strategy for Kosovo, including an Anti-Corruption campaign.

Government, PISG

EAR/GTZ

Pillar II

Adoption by April 2004 and implementation from April onwards

13.2 Promulgation and enforcement of an Anti-corruption law.

MPS; Kosovo Assembly

Pillar II

September 2004

13.3 Discipline and Appeal Boards established and functioning in all PISG organizations.

All PISG

Pillar II.

September 2004

13.4 Establishment of central anti-corruption body and designation of vigilance officers in Ministries and government offices.

OPM; All Ministries

Pillar II

September 2004

13.5 Code of conduct for elected officials and civil servants drawn up and adhered to. Codes of conduct provide that all public officials and civil servants contribute to the establishment of an atmosphere of tolerance between all communities. 

OPM; Kosovo Assembly

Pillar II and III

September 2004

13.6 Enforcement mechanism for Code of conduct for elected officials and civil servants is in place.

OPM

Pillar II and III

September 2004

 

13.7 PISG identify and punish elected officials and civil servants inciting inter-ethnic violence or hatred between communities, or failing to discharge responsibilities to prevent such violence or hatred.   

All PISG

UNMIK

April 2004 onwards

14. Proposed Assembly legislation is reviewed and cleared by Assembly Committee on Rights and Interests of Communities prior to adoption by the Assembly.

14.1 Amendments proposed by the Committee on Rights and Interests of Communities should be carefully reviewed and voted on. Representatives from all communities participate in the drafting of laws. The draft laws and decisions proposed by representatives of smaller communities are considered with due respect.

Kosovo Assembly

Pillar III

March 2004

15. Women participate in the institutions of the PISG at rates that equal or exceed rates in the region and the interests of women are fully reflected in its policies and legislation.

15.1 Promulgate and disseminate widely the Law on Gender Equality.

OPM, Assembly

Pillar II

March 2004

15.2 Create the Office of Gender Equality at the highest possible level of government with a clear mandate and adequate resources and create capacity that enables it to influence policies and formulate Kosovo-wide strategies.            

 

PISG

Pillar II

June 2004

15.3 Develop, disseminate and implement the Kosovo Action Programme for Gender Equality.

Government, Office of Gender Equality

Pillar II

September 2004

15.4 Set up, make functional and/or strengthen mechanisms for gender mainstreaming envisaged by the Law on Gender Equality:

·         Inter-ministerial Council for Gender Affairs;

  • Gender Affairs Officers in Ministries;
  • Municipal Gender Offices;
  • Gender Equality Attorney.

PISG (Office of Gender Equality),

Pillar II

December 2004

15.5 Set clear targets and implement affirmative actions to substantially increase the number and enhance the position of women within PISG structures.

Office of Gender Equality, PISG.

Pillar II

Ongoing

15.6 Maintain and publish statistics on positions occupied by women in PISG on an annual basis.

All PISG, Office of Gender Equality

Pillar II

 

Ongoing

15.7 Electoral Process ensures at least the existing level of representation of women in elected positions.

 

Political Parties

Pillar II and III

Ongoing

16. The proposals of decentralization of the COE have been examined and considered with the aim to create functional structures of local government.

16.1 Proper examination of the CoE proposals in the  Government keeping in view the European charter on local self-government and other European standards. Examination of proposals is done in co-operation with UNMIK and representatives of all communities and takes into consideration all interests.

OPM; MPS; Kosovo Assembly, Municipalities

Pillar III and Pillar II, Council of Europe

September 2004

16.2 Establishment of joint Task Force with the UNMIK and agreement on implementation modalities.

Government, UNMIK

UNMIK to coordinate functioning of the TF.

December 2004

17. Parallel structures for the provision of services have been dismantled or integrated into PISG structures.

17.1 Develop strategy to reduce demand for and dismantleparallel structures and integrate them into PISG structures.

All PISG, UNMIK

 

By summer 2004

17.2 Start implementation of strategy.

 

PISG; UNMIK

 

September 2004

17.3 Negotiation with Belgrade on technical issues.

PISG; UNMIK

O/SRSG, Pillar II

To start ASAP

 

3. Media and Civil Society

Standard

Action

Responsible Authority

Supported

By

Timeline

18. A range of private, independent print and broadcast media exists, providing access to information for all communities throughout Kosovo.

 

18.1 Develop strategic plan for minority broadcasting that is consistent with the European Convention on Minority Rights.

Temporary Media Commissioner, PISG

Pillar III

January- March 2004 to prepare draft plan for comment

18.2 Endorsement and implementation of plan by PISG

 

PISG

Pillar III

March-April 2004 and onwards

18.3 Develop and implement a long-term licensing planthat ensures a sustainable, dual public/private broadcasting sector and serves the needs of minority

communities in accordance with European standards.

 

 

Temporary Media Commissioner/Independent Media Commission, OPM

Pillar III

April-June 2004 and onwards

18.4

  • Establish local institutions for education in journalism at undergraduate and graduate levels. Curriculum meets European standards.
  • Establish Department of Journalism

 

MEST, Universities

 

 

MEST

Pillar III, NGOs

September 2004

 

 

October 2004

 

18.5 Copyright law is passed and enforced.

 

 

Assembly,

 MCYS

Pillar III, Authors’ Association.

July 2004

18.6 Ensure freedom of information is respected, including implementation of the Law on Access to Official Documents. 

All PISG

Pillar III

June 2004

18.7 Establish award for media outlet/journalist best promoting democratic values and reconciliation in Kosovo.

 

PISG, Media Associations

Pillar III, Temporary Media Commissioner

2004

18.8 Kosovo media outlets advance democratic values and human rights issues e.g. gender equality awareness.

 

All Media

Pillar III

Ongoing

19. There is an independent and effective media regulatory authority, aspiring to European standards, recruited without discrimination and according to merit

 

 

19.1 Independent Media Commission law is passed. Independence of media regulator is fully safeguarded.

 

Assembly

Pillar III

As soon as possible

19.2 Independent Media Commission staff recruitment is completed. Staff should be multi-ethnic. Complete development of internal policies and procedures.

Temporary Media Commissioner

Pillar III

January-April 2004

19.3 Media comply with Temporary Media Commissioner’s guidelines on copyright, until copyright law is passed. Media professionals comply with media legislation and standards

All Media

Pillar III

Start March 2004

20. Hate speech, or any form of incitement, is condemned by political leaders, the media regulatory authority and media commentators.

 

 

 

20.1 Develop and adopt comprehensive new code of conduct for journalists, with the goal of, among other things, eliminating libelling and threats causing hatred.

 

 

Kosovo media associations, Temporary Media Commissioner

Pillar III, NGOs

January –March 2004

20.2 Create self-regulatory system for print media. Press council should be multi-ethnic.

 

Kosovo media associations, Temporary Media Commissioner

Pillar III, NGOs

March- June 2004

20.3 Media criticise any form of hate speech and refrain from broadcasting or printing it. Media encourage tolerance among the communities and report in an unbiased way, especially when dealing with situations of inter-ethnic tension.  

 

All Media, Temporary Media Commissioner, Press Council, Independent Media Commission

Pillar III

Ongoing

21. Publicly-funded media devotes a full and proportionate share of its resources and output to all ethnic communities.

21.1 Strategic plan for minority broadcasting defines complementary roles of public and private broadcasting and scale and source of necessary resources. (same as 18.1)

Endorsement and implementation of plan by PISG.

 

 

 

Temporary Media Commissioner, PISG, RTK

Pillar III

January-March to prepare draft for comment, endorsement in April, implementation to follow

21.2 Drafting, adoption, and implementation of a law establishing RTK as a public broadcaster in accord with best European practices

Temporary Media Commissioner, Government, Assembly,

MFE

Pillar III

Drafting by March-April 2004

Adoption as soon as possible on completion of an acceptable draft law

21.3 Public TV signal is received all over Kosovo.

 

KTTN

Pillar III

As soon as possible.

22. Non-governmental organizations, in particular those representing minorities, are able to operate freely within the law and individuals are free to join them without discrimination

 

22.1 Adopt Freedom of Association Law.

OPM/Assembly

Pillar III

As soon as possible

22.2 Establish Kosovo register for NGOs with multi-ethnic staff.

 

 

PISG

Pillar III

As soon as possible

22.3 Regulate financial transparency, government financing and tax exemptions for NGOs/non-profit activities.

 

OPM/Assembly

OLA

Pillar IV

2004

22.4 Adopt legislation or establish standard procedures (e.g. formation of public private commissions) enabling civil society organisations- especially those representing minority communities- get more involved in public policy making and the delivery of services. Such action might include the establishment of a Civil Society Committee at the Central Assembly.

 

OPM/Assembly

Pillar

III & II

2004

 

 

 

 

Glossary:

 

CEC                 Central Election Commission

MEC                Municipal Election Commission

MPS                 Ministry of Public Services

MCYS              Ministry of Culture, Youth and Sports

MEST              Ministry of Education, Science and Technology

MFE                 Ministry of Finance and Economy

OLA                Office of The Legal Advisor

OPM                Office of the Prime Minister

O/SRSG           Office of the Special Representative of the Secretary General

KPS                 Kosovo Police Service

AD                   Administrative Directive

ECAC              Elections Complaints and Appeals Sub-Commission

AOGG              Advisory Office of Good Governance

KIPA               Kosovo Institute for Public Administration

KCB                Kosovo Consolidated Budget

COE                 Council of Europe

RTK                 Radio and Television Kosovo

KTTN              Kosovo Terrestrial Transmissions Network

EAR                 European Agency for Reconstruction

 

 

 

 

 

 

 

 

 

 

 

 


2.    RULE OF LAW

 

“There exists a sound legal framework and effective law enforcement, compliant with European standards.  Police, judicial and penal systems act impartially and fully respect human rights. There is equal access to justice and no one is above the law: there is no impunity for violators.  There are strong measures in place to fight ethnically-motivated crime, as well as economic and financial crime”

 

Current Situation

 

Although the overall crime rate in Kosovo has been steadily improving over the four-and-a-half years, the violent events of 17-20 March 2004 have demonstrated the fragility of the security situation for ethnic communities in areas where they are a minority.

 

The achievements since 1999 include:

 

 

 

·        The establishment of a multi-ethnic Kosovo Police Service, based on respect for human rights, which has grown steadily in size to over 5,700 officers, and whose officers are now engaged in almost every sphere of police work in Kosovo;

·        Over 370 local judges and prosecutors working throughout Kosovo, with increasing representation of all communities in Kosovo.

 

 

Challenges ahead

 

 But much more remains to be done to establish the rule of law in Kosovo:

 

·        Above all, the security environment for members of all ethnic communities must be improved.

·        All communities must give unequivocal support to UNMIK and PISG’s commitment to fight crime, and in particular inter-ethnic crime, organized crime and trafficking, and terrorism;

·        Kosovans must assume progressively greater functional responsibilities throughout the justice sector and in prisons and the KPS, and demonstrate their capacity to exercise those responsibilities effectively and impartially towards all ethnic communities;

·        UNMIK’s justice system, both civil and criminal, must be both effective and equally accessible to both men and women and to all communities in Kosovo;

·        Witnesses must be better protected from retaliation;

·        Corruption must be targeted in all public institutions and offenders brought to justice;

·        All residents and institutions in Kosovo must maintain a high level of commitment to security of both international and local law enforcement officials, judges and prosecutors.

 

 

Priority Actions

 

·        As soon as possible, bringing to justice those responsible for crimes of violence during the events of 17-20 March 2004 and ensuring they are punished appropriately;

·        By mid-2004, strengthening the capacities of police to investigate crimes against members of smaller ethnic groups by the establishment of a central monitoring team and the designation of police officers in all regions and stations with special responsibility for investigating such crimes;

·        Improving the standards of judges and prosecutors by introducing a new compulsory judicial entrance examination, establishing a new school of magistrates which will train every new judge and prosecutor before admission to office, and establishing a full programme of compulsory continuing professional education for judges and prosecutors.  These should be in place by March 2005, and will depend upon adequate funding from the Kosovo Consolidated Budget for their successful future operation;;

·        Starting, by the end of 2004, the training of local judges and prosecutors to undertake organized crime, corruption and other serious crime cases, so that assignment of such cases to local prosecutors and judges steadily increases;

·        Implementing, by mid-2005, an anti-corruption strategy throughout the PISG in line with the OPM/EAR strategy.

·        Building and opening, by the end of 2004, a sustainable witness protection facility in Kosovo and securing arrangements for resettlement of protected witnesses outside Kosovo within the same time period.


1. Equal Access to Justice

 

Standard

Action

 

Responsible Authority

 

Supported By

Timeline

1. All crime is thoroughly investigated, regardless of the ethnic background of the victim or perpetrator

1.1 UNMIK Police (both CIVPOL and KPS) investigate crimes without fear or favour and any gender bias, with special priority to the investigation of crimes of violence committed during the events of 17-20 March 2004

Pillar I (Police)

 

OPM (Advisory Office on GG, HR, EO and Gender)

Ongoing

1.2 Transition of the KPS into a professional, impartial and multiethnic force, containing specialized units, and supported with adequate resources from the PISG (budget resources and administrative support)

Pillar I (Justice)

PISG

Ongoing; transition completed by end 2006 (subject to review)

1.3 The PISG on all levels unequivocally support by public statements thorough investigations regardless of ethnic or political background of victims and will refrain from political allegations that an investigation is ethnically or politically motivated

PISG

 

Ongoing

1.4 Political leaders encourage all Kosovans to cooperate with police in solving all crime, including inter-ethnic crime

PISG

 

Ongoing

1.5 Increase public confidence in police by implementing proactive public information strategy leading to greater transparency and better public understanding

 PISG (OPM, Assembly), Municipalities

Pillar I (Police)

 

Introduced in phases to mid-2005

1.6 Draft and promulgate legislation establishing KPS

UNMIK Pillar I (Justice), OLA

PISG

Promulgation by mid-2005

2. The prosecution and conviction of perpetrators of crime is consistent and effective, regardless of the ethnic background of victim or perpetrator

 

 

 

2.1 Court rulings are made, and criminal prosecutions are conducted on the basis of the applicable law, and not on the basis of ethnicity, gender, religious or political affiliation or financial considerations

PISG (Courts, Prosecutors)

 

Ongoing

 

2.2 Develop Judicial Inspection Unit (JIU) to build capacity of Kosovan staff to analyse and evaluate functioning of courts and prosecutors’ offices; and to implement conclusions of these analyses and evaluations

UNMIK Pillar I (Justice)

 

Ongoing

2.3 Public prosecutor’s offices (municipal and district) exercise their functions promptly, impartially and objectively, regardless of the ethnicity, gender, religious or political affiliation of the defendant

PISG (Prosecutors)

UNMIK Pillar I (Justice)

Immediate and ongoing

3. Substantial progress has been made in solving the most serious murders and assaults against members of ethnic minorities

 

3.1 Increasingly deploy KPS officers from all communities to police units specializing in criminal investigations, providing adequate training to enable them to perform these roles

Pillar I (Police)

 

 

Ongoing

3.2 Deploy and train KPS officers in all regions and stations with special responsibility for investigating and monitoring crimes against members of ethnic minorities

Pillar I (Police)

 

Sept 2004 and ongoing thereafter

3.3 Establish central monitoring team to review all investigations of serious crimes against members of ethnic minorities and improve coordination between investigative units

Pillar I (Police)

 

June 2004 and ongoing thereafter

4. Witnesses are effectively protected from intimidation and retribution

4.1 Formal or ad hoc agreements are reached with Kosovo’s neighbours and other countries on  the basis of which witnesses and families are relocated from Kosovo.

 

 

Pillar I (Police and Justice),

OLA

First relocations  pursuant to agreements from September 2004 onwards

4.2 Identify or (if necessary) build, open and thereafter maintain adequate facilities in Kosovo for protection of witnesses

Pillar I (Police and Justice)

 

Identify: by April 2004.  Open by December 2004; maintain thereafter

4.3 Review and amend existing witness protection legislation to ensure that witnesses are informed of all available protective measures, to improve court procedures in relation to witness protection, to strengthen criminal sanctions for breach of protective orders, and to provide a statutory basis for witness relocation, and train courts and prosecutors in amended legislative provisions

Pillar I (Justice), OLA, KJI

 

June 2004 (review) December 2004 (promulgation); review ongoing thereafter

4.4 Provide courts with adequate equipment to preserve anonymity of protected witnesses

PISG (MPS/DJA)

Pillar I (Justice)

Jan 2005

4.5 Impose and enforce adequate sanctions against public servants, lawyers and others who disclose, and media who publish, confidential details about protected witnesses

UNMIK (TMC, all); PISG (all)

KCA

 

Ongoing

4.6 Investigate, prosecute and punish assaults against witnesses

Pillar I (Police), Courts, Prosecutors

 

Ongoing

5. Crime clearance rates for crimes of violence against persons of all communities are roughly equivalent

 

5.1 Establish monitoring of criminal cases involving minorities and treatment of minorities by justice system; ensure effective action taken to address problems identified by monitoring system

Pillar III, Pillar I (Police and Justice)

PISG (MPS/

DJA)

 

Mid-2004 (monitoring established) and ongoing thereafter

5.2 Develop and implement strategy for community safety to include joint crime prevention councils in all municipalities

Pillar II

OPM, Municipal Authorities, Pillar I (Police)

Ongoing

 

6. Misconduct by judges, prosecutors, attorneys, police, and penal system employees is routinely investigated and appropriately punished

 

6.1 Complaints against judges and prosecutors, lawyers and employees in  justice, police and correctional systems are investigated promptly, appropriate action is taken and the complainant receives a written response to the complaint, regardless of the ethnicity of the complainant or the subject of the complaint

Pillar I (Police and Justice), KJPC, KCA

 

Immediate and ongoing

6.2 Build capacity (especially of Kosovan staff) within Judicial Inspection Unit to investigate allegations of misconduct by judges and prosecutors and to submit their findings to KJPC, while also building capacity of Kosovan members of KJPC to conduct disciplinary hearings in appropriate cases

Pillar I (Justice),

KJPC

Ongoing

6.3 Investigate allegations of misconduct of attorneys and conduct disciplinary hearings in appropriate cases

KCA

Pillar I (Justice)

Ongoing

6.4 The Policy-and-Procedures-Manuals for UNMIK Police (CIVPOL and KPS) are constantly evaluated and updated, allegations of misconduct are thoroughly investigated and disciplinary hearings conducted in appropriate cases

Pillar I (Police)

 

Ongoing

6.5 Investigate allegations of misconduct of penal system employees and conduct disciplinary hearings in appropriate cases

Pillar I (Justice)

 

Ongoing

7. There are professional codes of conduct for judges, prosecutors, lawyers and other members of the police and penal system, including a Bar Association representative of all Kosovo communities

 

7.1 Review and, as necessary, revise codes of conduct of judges, prosecutors and lawyers and police and penal employees to ensure compliance with international standards and inclusion of a gender equality approach

Pillar I (Police and Justice), KJPC, KCA 

 

OPM (Advisory Office on GG, HR, EO and Gender)

September 2004

7.2 ;  Judges, prosecutors, lawyers and police and penal employees are trained in revised codes of conduct

Pillar I (Justice), KJI, PISG (MPS/DJA), KPSS, KCA

 

Ongoing after September 2004

7.3 Effectively remove all obstacles to women’s representation in these professions and affirmative actions are taken to promote their substantial inclusion

Pillar I (Police and Justice), KCA

OPM (Advisory Office on GG, HR, EO and Gender)

December 2004 and ongoing thereafter

7.4 Develop and implement strategy to encourage participation by women and members of all communities in the Kosovo Chamber of Advocates, and monitor levels of participation by women and minority community members to ensure strategy is effective

KCA

 

OPM (Advisory Office on GG, HR, EO and Gender), Pillar III

Mid 2004 and ongoing thereafter

 

7.5 Include in advocates’ Code of Ethics provisions on inter-ethnic and religious tolerance, and investigate and sanction appropriately any complaints of ethnic or religious intolerance or unprofessional conduct in cases involving parties from different ethnic communities

KCA

OPM (Advisory Office on GG, HR, EO and Gender), Pillar III

Mid 2004 and ongoing thereafter

8. Acts of retribution against individuals involved in disciplinary processes are rare and such individuals are adequately protected

 

8.1 Review and amend as necessary employment conditions and disciplinary procedures for civil servants to ensure that complainants are protected from victimization

Pillar II

 

PISG (MPS/

DCA)

Mid 2004 (further periodic reviews ongoing thereafter)

8.2 Introduce and implement legislation to protect complainants from victimization by provision of adequate judicial or other remedies

PISG (Ministry of Labour and Social Services)

 

End 2004 (promulgation) mid-2005 (fully implemented) and ongoing thereafter

9. All communities are fully and fairly represented amongst judges, prosecutors and in the Kosovo Police Service (KPS) and Kosovo Corrections Service (KCS)

 

9.1 No discrimination against minority members applying for appointment as police and correctional officers

Pillar I (Justice)

 

Immediate and ongoing

9.2 Encourage and facilitate prosecutors and judges from minority communities to join UNMIK justice system

Pillar I (Justice), PISG (OPM, Assembly, Courts)

 

 

Ongoing

9.3 Suitable candidates for Prosecutors and Judges from minority communities recommended and approved without delay or discrimination

PISG (Assembly), KJPC

 

Ongoing

9.4 Introduce and thereafter implement mandatory multi-ethnic and gender balanced recruitment policy for judges, prosecutors, KPS and KCS, requiring equitable representation at all levels, and including provisions for enforcement

Pillar I, KJPC

 

PISG, OPM (Advisory Office on GG, HR, EO and Gender)

Mid-2004 (introduction); implementation ongoing thereafter

10. Institutions are functioning to train and educate the police, judges, lawyers, and penal system managers

 

10.1 Transformation of KPSS into sustainable future training institution(s) for police and correctional officers, involving progressive transfer of responsibilities to Kosovan staff

Pillar I (Police) and Pillar III

 

PISG

Ongoing, with substantial transfer of functional responsibilities by Mid 2005

10.2 Ensure that an ethnic and gender awareness component is integrated in all training provided to police officers, judges, lawyers, prosecutors, and penal system managers, and that it is an integral part of programmes for continuing professional education

Pillar I (Police and Justice), Pillar III (KJI, KPSS), KCA

PISG, OPM (Advisory Office on GG, HR, EO and Gender)

Ongoing with a view to full integration by Early 2005

10.3 Promulgation of new legislation to fully establish the Kosovo Judicial Institute (KJI) to provide advanced legal education for judges and prosecutors, and to introduce a new examination and pre-appointment training for judicial and prosecutorial candidates

Establishment of new KJI: PISG (Assembly), New examination and training requirements: Pillar I (Justice), Pillar III, OLA

 

 

Mid-2004

10.4 Implementation of new judicial examination and Compulsory pre-appointment training programme for judges and prosecutors; post-appointment vocational training system improved and expanded

KJPC, KJI, PISG (MPS/DJA)

 

 

Early 2005 (new examination and training programme in force) and ongoing thereafter;  improvement of vocational training ongoing

 

10.5 Continuous legal education programme for lawyers established within the Kosovo Chamber of Advocates

KCA

Pillar III, donors

Established by Early 2005 and ongoing thereafter

11. An effective and impartial system of justice in the civil law sector is accessible to members of all communities in Kosovo

 

11.1 Ensure that courts are open and functioning effectively in all municipalities, and open Court Liaison Offices in all minority communities which do not currently enjoy effective access to UNMIK justice, thereby facilitating the elimination of parallel court structures

Pillar I (Justice)

 

Ongoing 

 

11.2 Review salaries of judges and prosecutors to ensure adequate compensation, and implement any recommendations for increased salaries.

 

 

PISG

 

 

 

Pillar I (Justice)

Mid-2004 (review); Jan 2005 (implementation)

 

11.3 Implement a sustainable system of civil legal aid, compatible with European standards and equally accessible to men and women and to all communities in Kosovo

Pillar I (Justice),

EAR, KCA

Early 2005 and ongoing thereafter

12. The backlog of civil law cases in courts is steadily being reduced

 

12.1 Reform courts to optimize distribution of judges and prosecutors among courts, including legislative reform of court system if necessary

Pillar 1 (Justice), KJPC

PISG (MPS/DJA and Courts)

 

End 2004

12.3 Implement automated case management systems in all courts

PISG (MPS/DJA and Courts)

 

Pillar I

Installed by end 2004 and review ongoing thereafter

13. Judgments in civil law matters are being enforced, court execution officers are functioning, and court fines are routinely being paid

 

13.1 Hire, train and deploy adequate numbers of court execution staff in all courts

PISG (MPS/DJA and Courts)

 

End 2004

 

13.2 Court execution staff collect fines impartially without regard to ethnicity, gender, religious or political affiliation; complaints of misconduct against court staff are promptly investigated and disciplinary action is taken if appropriate

PISG (MPS/DJA and Courts)

 

Immediate and ongoing

14. Legislation in civil law matters is reviewed and developed to ensure greater conformity with European standards

 

14.1 Review and, as necessary, revise legislation in civil law in line with European standards, with special attention to legislation referring to gender equality and other civil rights legislation

Pillar I (Justice), OLA,

 

 PISG (OPM/Assembly)

Mid 2005

14.2 Train judges, court staff and lawyers in new legislation

PISG (MPS/DJA), KJI

 

End 2005

15. Alternatives to litigation for resolving civil disputes are expeditiously developed and effectively used

 

15.1 Establish Communities Committees and Mediation Committees in all municipalities in accordance with UNMIK Regulation 2000/45 and encourage their use as an alternative to litigation for cases involving municipal decisions

Municipal Authorities

 Pillar II

End 2004 and ongoing thereafter

15.2 Conduct review of alternatives to litigation, in particular arbitration and/or mediation, and develop and implement strategy based on recommendations of review

Pillar III, II

 

Pillar I (Justice),

End 2004 and ongoing thereafter

16.  There is effective action to eliminate violence against women and children, trafficking and other forms of exploitation, including preventative education and provision of legal and social services to victims

 

16.1 Cases of trafficking in persons are pursued as a priority, to include investigation by covert measures; programmes to receive, protect and repatriate victims of trafficking are enhanced; increasing numbers of KPS officers trained and deployed in anti-trafficking operations; training for local judges and prosecutors in laws against trafficking is conducted; trafficking cases in district/municipal courts are specially monitored

Pillar I (Police and Justice)

 

Pillar III

Ongoing

16.2 Mechanisms are put in place for the effective implementation of UNMIK Regulation 2003/12 on Protection Against Domestic Violence, including the provision of relevant training to local judicial actors

PISG (MEST, MPS/DJA), KJI,

OPM (Advisory Office on GG, HR, EO and Gender)

December 2004 and ongoing thereafter

16.3 Gender and human rights education incorporated as core elements in school curricula to support societal transformation of which the legal system is a reflection

PISG (MEST)

 

OPM (Advisory Office on GG, HR, EO and Gender)

End 2004 and ongoing thereafter

16.4 Establish and operate fully-functional victim resource centres with 24-hour emergency management mechanisms, guaranteeing municipal coverage

Pillar I

 

April 2004 and ongoing thereafter

16.5 Promulgate and then effectively implement legislation establishing responsibilities of Victim Advocacy Coordinator (VAC), on the basis of which VAC coordinates provision of legal and social services to victims

Pillar I (Justice), OLA

 

June 2004  (legislation); activity of VAC ongoing thereafter

 

16.6 Review and amend judicial procedures to ensure that they guarantee women effective protection against gender-based crimes and other crimes disproportionately affecting them and to ensure that women defendants, victims or witnesses are not re-victimized or discriminated against in the investigation and prosecution of crimes

UNMIK Pillar I (Justice), OLA

 

 OPM (Advisory Office on GG, HR, EO and Gender),

End 2004 and ongoing thereafter

 

 

 

 

 

 

2. No one is above the law

 

Standard

Action

 

Responsible Authority (RA)

 

Supported By (SB)

Timeline

17. All crimes, especially those of violence, that promote inter-ethnic hatred and fear are thoroughly investigated and resolved, and perpetrators are brought to justice and punished

 

17.1 All prosecutions of violence involving inter-ethnic hatred are given priority treatment by both local and international prosecutors: prosecutions by local prosecutors are carefully monitored by  international prosecutors and action taken to address any issues arising through training or referral to JIU for investigation. 

Pillar I (Justice)

 

Ongoing

18. Incidents of organized crime, trafficking, crime rooted in extremism, terrorism, and economic crime are vigorously investigated and local judges and prosecutors effectively prosecute and try perpetrators. The percentage of unsolved cases of crime rooted in extremism or terrorism is steadily declining.

 

18.1 Organized crime, terrorism cases are investigated by existing specialized units and, where possible, pursued by covert measures; Prosecutions in connection with organized crime and economic crime increase in proportion to number of incidents;

Pillar I (Police and Justice) Pillar IV (Customs)

 

Ongoing

18.2 Public figures (both centrally and in municipalities) unequivocally condemn  statements condoning or likely to incite violence, inter-ethnic hatred or any other form of extremism

PISG (All): Municipal Authorities

 

Ongoing

18.3 Assignment of organized crime/trafficking/terrorism cases to local judges progressively increased

Pillar I (Justice)

 

PISG (Courts)

Assignment to local judges ongoing by Mid-2005 and continuing thereafter

18.4 Establish Special Prosecutor’s Unit within DOJ to coordinate prosecution of special cases by specially trained local prosecutors; international prosecutors monitor these prosecutions and address any issues arising through training, referral to JIU for investigation or other measures

Pillar I (Justice)

 

PISG (Courts)

End 2004(establishment); thereafter ongoing

18.5 Intensify training for KPS, judges and prosecutors to investigate and prosecute these serious crimes

Pillar I (Justice), Pillar III (KJI, KPSS)

 

PISG (MPS/DJA)

End 2004 and ongoing thereafter

18.6 UNMIK PISG and municipal authorities to present united front in supporting full cooperation with investigations related to organized crime, trafficking, economic crime, crime rooted in extremism and terrorism, especially where public or influential figures are involved

PISG (All); Municipal Authorities

 

Pillar I

Ongoing

 

18.7 Establish mechanism to evaluate the security needs of local judges and prosecutors who will be assuming responsibility for serious crimes, and ensure that security measures are taken in line with the assessment made

Pillar I

 

 

mid-2004 and ongoing thereafter

19. Perpetrators of assaults on judges, prosecutors, KPS officers and witnesses are fairly tried in local courts and are sentenced appropriately

 

19.1 Monitor each assault of judges, prosecutors and KPS officers to ensure that the case is properly investigated and prepared for prosecution

Pillar I (Justice)

 

Pillar III

Ongoing

19.2 Monitor trials by local courts of assaults on judges, prosecutors, KPS officers and witnesses to ensure fairness of trial and appropriate sentence

Pillar III

PISG (Courts)

Ongoing

19.3 Cases of unfair trials or inappropriate sentence are investigated by Judicial Inspection Unit in addition to any judicial appeal and referred, where appropriate, for disciplinary action

Pillar I (Justice),

KJPC

Ongoing

20. Mechanisms of regional and international cooperation are functioning for police and judicial authorities, including transfer of suspects and sentenced persons, and mutual legal assistance to jurisdictions

 

20.1 Implementation of UNMIK Regulation No. 2003/34 as soon as possible through written agreements with European states; fugitives subject to transfer are identified, located and arrested in a coordinated round-up

Pillar I (Justice),

OLA

April 2004 and ongoing thereafter

20.2 Continue development of police cooperation at international and regional level, by further strengthening existing cooperation with Serbia, Montenegro, FYROM and Albania, and continuing negotiations with Bosnia and Herzegovina, Slovenia, Bulgaria and Croatia, involving KPS officers as and when possible in increasingly responsible positions so as to enhance the reputation of the KPS as a recognized reliable partner in law enforcement

Pillar I

 

PISG (through Stability Pact initiatives)

Ongoing

 

 

 

 

 

 

 

 

21. There is full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), including arrest of indictees and provision of witnesses and information.

 

21.1 All UNMIK institutions fully support activities and requests of ICTY

UNMIK (All)

 

 

Ongoing

21.2 All PISG institutions fully support activities and requests of ICTY

PISG (All)

 

 

Ongoing

22. Those war crimes not addressed by the ICTY are prosecuted fairly in Kosovo

 

22.1 In coordination with ICTY-Pristina, local prosecutors are gradually recruited to assist in (and to take increasing responsibility in the prosecution of) war crime cases in Kosovo of non-ICTY war crime cases

Pillar I (Justice)

 

Special Prosecutor’s Unit established by end-2004;  Assignment to local prosecutors ongoing by Mid-2005 and continuing thereafter

22.2 Monitor trials by local courts and/or prosecutors of war crimes cases and address any issues arising through training, referral to Judicial Investigation Unit for investigation, or other measures

Pillar I, Pillar III

PISG (Courts)

As 22.1

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Economic and Financial Crime

 

Standard

Action

 

Responsible Authority (RA)

 

Supported By (SB)

Timeline

23. Effective legal, financial and administrative mechanisms that conform to EU standards are in place to tackle economic crime in both the public and private sectors, including seizure of illegally-acquired assets

 

23.1 Draft and promulgate anti-corruption legislation (including relevant recommendations of OPM/EAR Anti-Corruption Strategy), law on economic crimes and other relevant legislation

UNMIK (OLA)

PISG (OPM, Assembly),

Pillar I

End 2004

23.2 Establish and then monitor financial and administrative mechanisms necessary to ensure full implementation of laws promulgated under 23.1, including implementation of relevant recommendations of OPM/EAR Anti-Corruption Strategy

PISG (All)

 

Pillar I, Pillar III

Mid-2005 and ongoing thereafter

23.3 Train police officers, customs officers, judges and prosecutors on new legislation

Police training: Pillar I (Police), KPSS. Training of judges/prosecutors: PISG (MPS/DJA), KJI.  Training of customs officers:  Pillar IV (Customs)

 

Ongoing after promulgation of legislation

23.4 Auditors within Auditor-General’s office trained and performing regular audits of financial activity of Government bodies;

AGO

 

Ongoing

23.5 ; PISG bodies comply fully with audits from Auditor-General’s office; PISG bodies introduce adequate internal financial controls and system of internal audits

PISG (All)

 

Ongoing

24. There is a clear understanding amongst the vast majority of public sector employees of ethical conduct requirements, especially regarding conflict of interest

 

24.1 Rules on ethical conduct enshrined in Civil Service terms and conditions, explained to all civil servants and effectively enforced

PISG (MPS/DCA)

 

Mid 2004 and ongoing thereafter

25. Adequate investigative mechanisms  have been created and  are functioning effectively

 

25.1 Financial Investigation Unit and Investigative Task Force fully functioning

UNMIK

 

Early 2004 and ongoing thereafter

 

25.2 A public corruption unit within the Special Prosecutor’s Office is formed, initially with the participation of (and eventually under the leadership of) local prosecutors, to prosecute at its discretion any public corruption case; local prosecutors are selected to join the unit,  and trained to perform their role, their performance is monitored and issues addressed through further training or referral to JIU for disciplinary investigation

Pillar I (Justice)

 

December  2004 (unit formed); Dec 2005 (unit led by local prosecutors monitored by internationals) and ongoing thereafter

26. Money laundering legislation is effectively implemented and suspicious financial transaction reporting is in place

 

26.1 Establish and operate Financial Information Centre as provided for in Money Laundering Regulation, at first under international control but with progressive transfer of responsibilities to Kosovan staff

Pillar I  (Police)

 

May 2004 (establishment) and ongoing thereafter

26.2 Train financial obligors and others in reporting responsibilities under Money Laundering Regulation

Pillar IV (BPK)

Pillar I (Police)

May 2004

26.3 Train customs officers in powers of seizure etc. under Money Laundering Regulation

Pillar IV (BPK, Customs)

Pillar I (Police)

May 2004

26.4 Train police (including KPS) in Money Laundering Regulation

Pillar I (Police), KPSS

 

May 2004

26.5 Train judges and prosecutors in Money Laundering Regulation

Pillar III, KJI

Pillar I (Police)

May 2004

 
GLOSSARY

 

AGO    Office of the Auditor-General

BPK     Banking and Payments Authority of Kosovo

DCA    Department of Civil Administration (Ministry of Public Services)

DJA     Department of Judicial Administration (Ministry of Public Services)

EAR     European Agency for Reconstruction

KCA    Kosovo Chamber of Advocates

KJI       Kosovo Judicial Institute

KJPC   Kosovo Judicial and Prosecutorial Council

KPSS   Kosovo Police Service School

MEST  Ministry of Education, Science and Technology

MPS     Ministry of Public Services

OLA    Office of The Legal Adviser (UNMIK)

OPM    Office of the Prime Minister

-           Advisory Office on GG, HR, EO and Gender      Advisory Office on Good Governance, Human Rights, Equal Opportunity and Gender

TMC    Temporary Media Commissioner (UNMIK)


3.    FREEDOM OF MOVEMENT

 

“All people in Kosovo are able to travel, work and live in safety and without threat or fear of attack, harassment or intimidation, regardless of their ethnic background. They are able to use their own language freely anywhere in Kosovo, including in public places, and enjoy unimpeded access to places of employment, markets, public and social services, and utilities.” 

 

The ability of members of ethnic communities to travel, work and live safely in Kosovo has been fundamentally undermined by the violence of 17-20 March.  In addition to the reestablishment of fixed military checkpoints around enclaves and villages in which ethnic community members live, the violent attacks against Kosovo Serbs, Roma, Ashkali and minority Kosovo Albanians in Mitrovica, have greatly exacerbated already existing fears held by ethnic communities.   While such fears have always been the product of both objective fact and perception, the events of March realized the worst fears of some communities, and have destroyed the small amount of confidence that had been built.  Communication between communities has been silenced.

 

Beyond the provision of security by KFOR and police, clear and unequivocal actions by Kosovo’s leaders are essential to establishing a secure environment for all communities and addressing those fears.  As described in the section “returns and the rights of communities”, the PISG will undertake an immediate and proactive campaign to reach out to the Kosovo Serb and other communities in order to rebuild trust and confidence between the communities.  Much of this work must be implemented at the municipal and local levels where direct communication between the authorities and ethnic communities will yield the greatest result.

 

The original PISG/UNMIK implementation plan for Freedom of Movement (which is appended herein) must be fully reviewed and revised as a result of the violence of 17-20 March.  While many of the actions included in the original plan may continue to be relevant, the actions identified must be thoroughly reconsidered in order to ensure that they most effectively addresses the new reality and needs of ethnic communities.

 


I. Freedom of Movement and free use of language - REVISED POST 17 MARCH 2004

 

Standard

 

Action

Responsible Authority

Supported By

Timeline

 

ALL STANDARDS

RELATING TO FREEDOM OF MOVEMENT

1.  The 5 priority actions detailed in section  returns and rights of communities” (Standard 4) of this plan must be implemented in order to build a more tolerant climate and improve freedom of movement. 

See section on  “returns and rights of communities” (Standard 4)

See section on  “returns and rights of communities” (Standard 4)

See section on  “returns and rights of communities” (Standard 4)

2.  The joint PISG-UNMIK implementation plan for the standard Freedom of Movement will be reviewed and revised on an expedited basis given the fundamentally changed environment due to the events of 17-20 March.

 

The original UNMIK/PISG Implementation Plan for Freedom of Movement is attached as Annex 1 to this revised Implementation Plan for information.

 

Joint Implementation Working Group on Sustainable Returns, Rights of Communities and their Members and Freedom of Movement

Pillar II/OCA, ORC, Pillar I/Police

To begin on 1 April 2004 and to be completed by 1 May 2004

 


 

Annex 1

Freedom of Movement Implementation Plan (Pre-17 March 2004)

 

TO BE REVISED (See Action 2 above)

 

I. Freedom of Movement

 

Standard

Action

Responsible Authority

Supported By

Timeline

1. All communities are able freely to exercise rights to social, cultural and religious expression, including attending ceremonies and access to relevant sites.

1.1 Majority community leaders show public support for the ability of all communities to exercise these rights and actively discourage and respond to acts that are counter to social, cultural and religious expression. 

 

Municipalities, Ministries, OPM, party leaders

Pillar I/Police, Pillar II, UNHCR

Ongoing

1.2 Ensure the ability of all people, regardless of ethnicity, displacement, or gender, to participate in religious and cultural ceremonies through the provision of safe transport.

Municipalities, Ministry of Public Services, OPM, Advisory Office on GG, HRs, EO, and Gender

Pillar II, Pillar I/Police

Ongoing

1.3 Municipalities exercise responsibility under Section 3, Regulation 2000/45 to maintain graveyards and draw up legislation to govern use, maintenance and procedures regarding ‘Go-and-See Visits’.

Municipalities, Ministries, OPM

Pillar I/Police, Pillar II

Ongoing

2. Military and police escorts are no longer needed; members of all ethnic communities have access to safe and public transportation.

 

 

2.1 Humanitarian bus service operates effectively and provides service where there is both demand and need from a security standpoint.

 

Ministry of Transport

Pillar II (OCA)

Ongoing

2.2 Attempts made to start integrated public transport.  Kosovotrans should hire minority drivers and open experimental lines.  Minority operators to be issued licenses without undue delay and function on equal terms.

Support also given to private companies operated by ethnic communities.

Ministry of Transport

Pillar II (OCA)

Ongoing

2.3 Incidents in which freedom of movement is obstructed or threatened are addressed effectively and promptly, including through prosecution of alleged perpetrators  (see below) and proactive public awareness campaigns to support freedom of movement and tolerance.

Pillar I/Police, Pillar I/Judiciary, DoJ, PISG authorities

Pillar I, DPI

Ongoing

3. Public employees from minority communities are able to work in majority areas without difficulties.

3.1 Transport service for public employees is provided until freedom of movement is fully in place.

Ministry of Public Services

Pillar II (OCA)

Ongoing

4. The number of crimes specifically related to movement by minorities (e.g. stoning incidents) is significantly reduced and infrequent.

4.1 Such crimes at all levels of seriousness are systematically investigated and the perpetrators are sanctioned.

Pillar I/Judiciary, Pillar I/Police, DoJ

 

Ongoing

4.2 Community policing initiatives systematically focus on such incidents.

Pillar I/Police

DoJ

Ongoing

4.3 Political leaders encourage all Kosovans to cooperate with police in solving such crimes.

 

Government offices, Kosovo Assembly, party leaders, Municipalities, OPM.

Pillar I/Police, Pillar II, ORC

Ongoing

5. Political leaders, without prompting, condemn and take actions against acts of violence against ethnic communities and their members.

 

 

5.1 The leaders of the majority communities make timely public statements condemning such crimes.  Ethnic community leaders avoid making public statements that would raise tensions and discourage other members of their communities from making such statements.

Government offices, Kosovo Assembly, party leaders, Municipalities, OPM.

Pillar I/Police, Pillar II, ORC

Ongoing

5.2 Majority and ethnic community leaders proactively engage with Municipal and local authorities in responding to such incidents.

Government offices, Kosovo Assembly, party leaders, Municipalities, OPM

Pillar I/Police, Pillar II, ORC

Ongoing

 

 

 

2. Free use of language

 

Standard

Action

Responsible Authority

Supported By

Timeline

6.  Meetings of the Assembly and its Committees are conducted in all official languages.

6.1 Language units are established and are functioning effectively for the Assembly and all its Committees. 

MPS, Kosovo Assembly, Ministries, Municipalities, OPM

Pillars II, III, ORC

Summer 2004

Ongoing

7. Official Municipal and Ministry documents are translated in a timely manner into all official languages.

7.1 The PISG has developed and implemented a system to monitor whether all official documents are translated in a timely manner into all official languages.

MPS, Ministries, Municipalities, OPM

Pillars II, III, ORC

Summer 2004

Ongoing

7.2 In cases when official documents are not translated or are not translated in timely manner, the responsible authorities are identified and sanctioned.

MPS, Ministries, Municipalities, OPM

Pillars II, III, ORC

Summer 2004

Ongoing

7.3 Adequate language units are established and are functioning effectively in all Ministries and Municipalities.

MPS, Ministries, Municipalities, OPM

Pillars II, III, ORC

Summer 2004

Ongoing

7.4 Implementation of the findings of the Task Force on Language Standards Compliance, including allocation of  sufficient resources to ensure and support language compliance

OPM, Ministries, Municipalities

Pillars II, III, ORC

Ongoing

8. Municipalities and Ministries provide adequate interpretation and translation services for minorities, including translation of all official documents and interpretation for all official meetings in relevant minority languages.

8.1 The PISG has developed and implemented a system to monitor whether adequate interpretation and translation services are provided. 

MPS, Ministries, Municipalities, OPM.

Pillars II, III, ORC

Summer 2004; Ongoing

8.2 In cases when official documents are not translated or are not translated in timely manner the responsible authorities are identified and remedial action is taken.

MPS, Ministries, Municipalities, OPM.

Pillars II, III, ORC

Summer 2004; Ongoing

8.3 Adequate language units are established in all Ministries and Municipalities.

MPS, Ministries, Municipalities, OPM

Pillars II, III, ORC

Summer 2004

9. Personal documents are issued in the native language of the recipient.

9.1 Adequate staffing and resources are allocated by responsible authorities to ensure that personal documents are translated into the official languages of Kosovo, as well as into the native language of the individual belonging to any of the main ethnic groups.

MPS (Department of Registration Services), Ministries, Municipalities, OPM.

Pillars II, III, ORC

Ongoing

10. Official signs inside and outside municipal and ministerial buildings are expressed in all official languages.

10.1 The relevant authorities ensure that official signs inside and outside all public buildings are expressed in all official languages.

MPS, Ministries, Municipalities, Public utilities, OPM.

Pillars II, III, ORC

Summer 2004

 

10.2 In cases when signs outside public building are not expressed in all official languages the responsible authorities are identified and remedial action is taken.

MPS, Ministries, Municipalities, Public utilities, OPM.

Pillars II, III, ORC

Ongoing

11. Names of streets, cities, towns, villages, roads and public places are expressed in Albanian, Serbian and any other language of a community that lives there in a significant number.

11.1 The relevant Ministry establishes a system where the local communities live in significant numbers in a municipality may request names of the streets, cities, towns, villages, roads and public places to be expressed in the language of these communities.

 

 

MPS, Ministries, Municipalities, OPM.

Pillars II, III, ORC

Summer 2004

11.2 In cases of violations a system of warnings and sanctions is established and implemented.

MPS, Ministries, Municipalities, OPM.

Pillars II, III, ORC

Summer 2004; Ongoing


4.    Sustainable Returns and the Rights of Communities and their Members

 

“Members of all communities must be able to participate fully in the economic, political and social life of Kosovo, and must not face threats to their security and well-being based on their ethnicity.   All refugees and displaced persons who wish to return to Kosovo must be able to do so in safety and dignity.” 

 

The violence of 17-20 March 2004 dramatically altered the existing realities for advancing the returns process and achieving greater protection of the rights of ethnic communities.  These targeted attacks against communities have created a situation in which more than 4100 individuals have been displaced in a matter of a few days and the returns process involving those displaced previously has ground to a halt.  Over 800 houses, public buildings, and religious sites belonging to communities have been destroyed or significantly damaged.  Many communities have again become isolated enclaves, requiring a constant KFOR or UNMIK Police presence to ensure their protection. 

 

In light of these stark changes, approaches to attaining the standards relating to sustainable returns and the rights of communities must be reviewed and fundamentally altered.  In particular, the PISG’s efforts to build a “social contract” with Kosovo’s smaller communities have suffered a serious setback, and innovative approaches to creating a tolerant environment where the rights of all people are protected are needed.  Before proceeding to address the standards implementation plan that existed prior to 17 March, several core activities aimed at addressing these immediate concerns must be a priority.   The PISG has committed itself to a massive effort to quickly reconstruct the property damages from the recent violence.  That campaign must be implemented effectively and transparently, with the involvement of the ethnic communities most affected by the violence.  In addition, this effort must entail not only the reconstruction of buildings, which is a key first step, but also the rebuilding the bonds of trust and confidence between the Government and its constituents from all ethnic communities.  Government officials at all levels must engage in a systematic effort to promote reconciliation, build tolerance within the Kosovo Albanian community, and condemn those that encouraged or facilitated acts of violence against members of other communities.  The PISG should also demonstrate its break from the past through investigating and sanctioning those central, ministerial and municipal authorities and political party branch leaders who contributed to violence against community members through public statements and actions, or who failed to exercise their authority properly.

 

To reflect the fundamental changes that must follow the violence of mid-March, the implementation plan for the standard on Sustainable Returns and the Rights of Communities and their Members must be thoroughly reviewed and revised.  As with the other standards, UNMIK and the PISG jointly drafted the original plan (which is appended herein) to reflect the needs of the landscape before 17 March.  While many of the actions contained in that plan remain essential today, the plan should be analysed to ensure that it properly prioritises those steps that are most critical to the present environment, and that it reflects the fundamental changes that are needed in order to create a sustainable environment in which communities and their members can return home and live in safety.


1.Sustainable Returns and rights of communities – REVISED POST 17 MARCH 2004

 

Standard

 

Action

Responsible Authority

Supported By

Timeline

 

ALL STANDARDS

RELATING TO SUSTAINABLE RETURNS AND RIGHTS OF COMMUNITIES AND THEIR MEMBERS

1.  The PISG will implement a comprehensive program to ensure full reconstruction of all property destroyed through the violent acts of 17-20 March 2004.  These efforts will involve the affected ethnic communities within the assessment, procurement and implementation phases of the project, and will be undertaken in cooperation with UNMIK's Reconstruction Support Team established to provide technical support to the PISG in this effort.  A program to compensate victims for loss of personal property as a result of the March violence will also be implemented.  The PISG will also work with the UN Country Team to assume responsibility for humanitarian relief efforts involving those displaced as a result of the 17-20 March violence.

 

OPM, MFE, MPS

Pillar II/OCA, Pillar IV, ORC, OPA

 

Priority projects completed by 1 June 2004; Reconstruction of homes by 1 September 2004; all reconstruction by 31 December 2004

2.  The PISG will ensure that sufficient funding is set aside for both reconstruction efforts and adequate compensation for loss of personal property.

OPM, MFE

Pillar II/OCA, Pillar IV, ORC

Throughout 2004

3. The PISG will develop and implement immediately a groundbreaking systematic program to reach out to the Kosovo Serb and other ethnic communities in order to rebuild trust and confidence between the communities.  These efforts will also include planning medium and longer-term reconciliation and inter-ethnic dialogue strategies.

OPM, Ministries, Municipal Presidents, Additional Deputy Presidents, CEOs, Municipal Assemblies

Pillar II, Pillar III, ORC

 

To begin immediately

4. The PISG and party leaders will investigate and sanction central, ministerial and municipal authorities and political party branch leaders who contributed to violence against community members through public statements and actions, or who failed to exercise their authority properly from 17-20 March 2004, including by recommending to the SRSG the removal of municipal officials or dissolution of Municipal assemblies, as may be found appropriate.

OPM, Ministries, Municipalities, Party Leaders

SRSG, ORC, Pillar II, Pillar III

Investigations to be completed by 30 April; Recommendations made and sanctions imposed by 31 May 2004

5.  The PISG and party leaders will take immediate steps to publicly condemn reports by print and broadcast media that contributed to ethnic violence from 17-20 March 2004 and will support the recommendations of the Temporary Media Commissioner in relation to his investigation into these reports.

OPM, Ministries, Municipalities, Party Leaders

Pillar II, Pillar III, ORC, DPI

To begin immediately

6.  The joint PISG-UNMIK implementation plan for the standard 'Sustainable Returns and the Rights of Communities and their Members' will be reviewed and revised on an expedited basis given the fundamentally changed environment due to the events of 17-20 March.

 

The original UNMIK/PISG Implementation Plan for ‘Sustainable Returns and the Rights of Communities and their Members’ is attached as Annex 1 to this revised Implementation Plan for information.

 

Joint Implementation Working Group on Sustainable Returns, Rights of Communities and their Members and Freedom of Movement

 

To begin on 1 April 2004 and to be completed by 1 May 2004.

 

 

 

 

 

Annex 1

Sustainable Returns and Rights of Communities and their Members Implementation Plan (Pre-17 March 2004)

 

TO BE REVISED (See Action 6 above)

 

1.Sustainable Returns

 

Standard

Action

Responsible Authority

Supported By

Timeline

1. Municipalities and ministries are able to assume responsibility for returns within all communities in a manner consistent with European standards. 

1.1 Strategy regarding central structures relating to returns, including the Office of Inter-Ministerial Coordinator for Returns, is developed by a committee.  This committee should be established by the Office of the Prime Minister and include ORC, OCA, UNHCR, OSCE and OHCHR (Linked to discussion on OPM proposal for new Ministry, and to anticipated EAR consultancy on central structures).

OPM, Ministries

ORC, Pillar II, III, UNHCR, OHCHR, EAR

Immediate  to September 2004

1.2 Agreed strategy for central returns structures (which will clarify the mandates of the Inter-Ministerial Coordinator’s office and define the responsibilities of the Ministries) is implemented as per the recommendations of the committee above.

OPM, Ministries

ORC, Pillar II, III, EAR, UNHCR

Immediate from development of the strategy to  December 2004

Ongoing

1.3 Office of the Inter-Ministerial Coordinator for Returns has adequate resources and staffing to fulfill its responsibilities within current mandate and mandate to be developed as part of agreed strategy for central returns structures.

OPM, Ministries

Pillar II, ORC, EAR

OngoingInitial Assessment:  03.06.04

1.4 Each ministry has a focal point to support returns process, and works effectively to implement its responsibilities consistent with the agreed strategy for central returns structures.

OPM, Ministries

Pillars II, III, ORC, UNHCR

OngoingFocal Points established by:  30.04.04

1.5 Ensure community, returnee and IDP women representatives are involved in decision-making and planning for returns at all levels.

OPM, Advisory Office on GG, HRs, EO, and Gender, Ministries and Municipalities

Pillar II, UNHCR

Ongoing

1.6 Each municipality (except Gllogove/Glogovac) develops a municipal returns strategy for 2004 and subsequent years, and the returns strategies are implemented effectively

Municipal Presidents, Additional Deputy Presidents, CEOs

Pillar II (Municipal Representatives, Local Community Officers), Regional Returns Units, Pillar III, ORC, UNHCR

2004 strategy developed by June 2004

Future strategies by 31 December on a yearly basis

Ongoing

1.7 Each municipality with ongoing or projected returns has established and filled a Municipal Returns Officer post.

 

CEOs of Municipalities

Pillar II (Municipal Representatives, Local Community Officers), Regional Returns Units, ORC, UNHCR

June 2004

1.8 Municipal Working Groups and Municipal Assemblies (including Municipal Directorates) provide ongoing support for returns in the municipality at a level consistent with the demand for return and including a commensurate level of resources, including ultimate assumption of responsibility for MWGs by municipality.

Municipal Presidents, Additional Deputy Presidents, CEOs, Municipal Returns Officers, Municipal Assemblies (including Municipal Directorates)

Pillar II, Municipal Representatives, Regional Returns Units, Pillar III, ORC, UNHCR

 

Joint: MWG

Ongoing per performance

Municipality chairing pilot MWGs:  31.08.04

 

1.9 Task Forces, including representatives from the returning community, have been established and function effectively to address individual organized returns projects, where necessary. (Task Forces report to the Municipal Working Group).

Municipal Presidents, Additional Deputy Presidents

Pillar II (Municipal Representatives, Local Community Officers), Regional Returns Units, ORC, UNHCR

OngoingTask Forces established for appropriate projects on RCG List by 31.03.04

2. The number of municipalities with sustainable returns increases, including an increase in returns to urban areas, the pace of returns overall accelerates, and the level of unmet demand for return has been substantially reduced.

2.1 Municipalities supporting returns through local structures wherever needs have been identified through IDP demand. 

Municipalities

Pillar II (Municipal Representatives), Regional Returns Units, ORC, UNHCR

Ongoing

2.2 All returnees are provided with adequate identification documents in a timely manner.  The responsible authorities provide, to the extent possible, returnees with any other documentation necessary in order for them to exercise their right to return. 

Municipal MCROs

Pillar II (Municipal Representatives)

Ongoing

2.3 Returns projects that are consistent with the Manual for Sustainable Return are developed and implemented in all locations where sufficient demand is identified.

Inter-Ministerial Coordinator for Returns, Municipalities, NGOs, Displaced Persons Associations

ORC, Regional Returns Units, Pillar II (Municipal Representatives), UNHCR

 

Joint: MWG

Ongoing

2.4 Returns projects in urban areas involving repossession of residential property developed and implemented. (Concept papers for at least 5 projects in addition to the 3 already underway should be developed by 15 March)

Inter-Ministerial Coordinator for Returns, Municipalities, HPD, NGOs, Displaced Persons Associations, Pillar I/Police

SB: Pillar II (Municipal Representatives), Regional Returns Units, ORC, UNHCR

 

Joint: MWG

Ongoing

2.5 Individual and small group returns effectively and promptly served by mechanisms to support their sustainable return (including BPRM and UNHCR programs, and the RRRF), and responsibility for those mechanism is ultimately assumed by municipalities.

Inter-Ministerial Coordinator for Returns, Municipalities, UNHCR, UNDP, NGOs

 

SB: Pillar II (Municipal Representatives), Regional Returns Units, ORC

 

Joint: MWG

Ongoing

2.6 When there is resistance to return at municipal or local level, it is responded to promptly and eliminated through coordinated action (including dialogue).

Municipal authorities, Central authorities (OPM, Presidency, Assembly, Inter-Ministerial Coordinator for Returns, Political Parties), NGOs

ORC, SRSG, Pillar II (Municipal Representatives, Local Community Officers, Regional Representatives), Regional Returns Units, Pillar I/Police, UNHCR

Ongoing

2.7 Community members accurately informed through established contact with relevant PISG officials about the prospect for return.

 

Municipalities

Pillar II (Municipal Representatives, Local Community Officers), Regional Returns Units, ORC, UNHCR

Ongoing

2.8 Revised edition of the Manual for Sustainable Return is completed and distributed.  Changes reflected in the revised Manual are implemented.

ORC, UNHCR, Inter-Ministerial Coordinator for Returns, NGOs

 

Manual completion: March 2004

Distribution and Implementation:  April to June 2004

2.9 Rate and location of returns and extent of demand closely monitored and reported in transparent manner, including information on ethnicity and gender of returnees.

Current:  ORC, UNHCR

Mid-term:  OPM, PISG central returns structures

Pillar II, Advisory Office on GG, HRs, EO, and Gender

Ongoing

 

2.10  Information database regarding displaced population, demand within displaced population, and level of returns is improved.

Current:  UNHCR, ORC, HPD

Mid-term:  PISG central returns structures

IDP Associations, NGOs, Pillar II, Pillar III

December 2004 and ongoing.

3. Returnees to Kosovo are able to participate in the economy and job market without discrimination and limitations based on the freedom of movement. 

3.1 Minority employment in both central and municipal levels of government, civil service, and public utilities in accordance with proportional ranges and with equitable distribution of ethnic communities in senior-level positions.   Full implementation of Section 10 of Administrative Direction 2003/2 implementing UNMIK Regulation 2001/36 (Fair Representation in Civil Service), UNMIK Regulation 2001/19 and UNMIK Regulation 2001/36.  Civil Service Law is strictly enforced in cases of discrimination and unethical conduct.

MPS, MFE, MLSW; Public utilities

Pillars II, III

Ongoing

3.2 Continued inclusion of income generation components in concept papers supporting returns projects, and development of regional approaches to income generation.

Municipalities, NGOs

Pillars II, IV, ORC, UNHCR

 

Joint:  MWG

Ongoing

3.3 Identify and remove barriers to the participation of community members in the economy and job market, including those obstacles deriving from gender-biased procedures, practices and behavior.  Ensure returnee and IDP participation in vocational/professional training and programs, promoting a gender-sensitive approach. 

Municipalities

Pillars II, IV, ORC, UNHCR, Advisory Office on GG, HRs, EO, and Gender (OPM)

Ongoing

4. Health care, social services, education and public utilities are available to returnees on a level equal to that of the rest of the population.

4.1 Ministries develop and implement centrally coordinated measures/policies to improve communities’ access to essential services.

MPS, MLSW, MEST, MH, OPM, Municipalities

Pillars II, III, ORC

Summer 2004

Ongoing

4.2 Education in one’s own mother tongue is made available throughout Kosovo to communities that meet the criteria and the desire for such education has been expressed.

MEST

Pillars II, III

Summer 2005

Ongoing

4.3 Minority students are able to attend mixed or shared schools.

MEST

Pillar II

Summer 2005

Ongoing

4.4 All schools offer teaching of minority language courses where sufficient demand exists, including qualified teachers and textbooks in minority languages. 

MEST

Pillar II

Summer 2005

Ongoing

4.5 Administrative Direction on past public utilities debt relating to properties of displaced persons has been adopted and implemented. 

Pillar IV, KEK

Pillar II, III, IV, ORC, OLA

March 2004 and ongoing

4.6 Connection and supply of public utilities to returnees is provided efficiently and without discrimination.

Pillar IV, KEK

Pillar II, III, IV, ORC, OLA

June 2004, and ongoing

 

4.7 Monitor returnee access to social services, education and public utilities, using a gender-sensitive approach, and ensure that all barriers preventing the equal access to services are effectively removed.

OPM, MPS, MLSW, MEST, MH, Advisory Office on GG, HRs, EO, and Gender

Pillar II, III, ORC

Summer 2004

Ongoing

4.8 Implementation of actions undertaken to dismantle, or integrate into PISG structures, parallel structures for the provision of services according to the implementation plan on Functioning Democratic Institutions.

See Implementation Plan on Functioning Democratic Institutions

See Implementation Plan on Functioning Democratic Institutions

See Implementation Plan on Functioning Democratic Institutions

5. Returnees face no greater risk of violence than the population as a whole, and police and the judiciary respond promptly and without discrimination to crimes, irrespective of the ethnic background of the victim. 

5.1 Development of crime prevention councils in municipalities with significant inter-ethnic population or potential returns and effective implementation of these councils.

Pillar II and Municipalities, Pillar I/Police

 

October 2004

Ongoing

5.2 Meet standards relating to security within the transition strategy towards professional, impartial and multiethnic KPS.

Pillar I/Police, Pillar I

 

Ongoing

5.3 Political leaders at all levels publicly encourage all Kosovans to cooperate with police in solving all crime, including inter-ethnic crime.

PISG/Municipal authorities

Pillar I/Police

Ongoing

5.4 In addition to what may be accomplished through regular operational activities, increase public confidence in police through community policing, proactive public information strategy and better public understanding.

Pillar I/Police

OPM, Kosovo Assembly

Ongoing

5.5 Judiciary provides high-level of rights protection, including equal access to justice and adherence to fair trial standards for communities and effective enforcement of laws relating to ethnic discrimination. (See Rule of Law Implementation Plan)

Pillar I/Judiciary, Pillar I

Pillar III

Ongoing

5.6 Community members are able to travel without restriction or escort as a result of improved security environment through community policing, visible support by PISG and access to safe transportation (as per 16.1 below). 

Pillar I/Police, All PISG

Pillar II

Ongoing

6. Funding is allocated from the KCB to support returns projects and smaller communities.

6.1 Sufficient funding regularly allocated from KCB to support returns projects and communities, including the earmarking of funds to support municipalities constructively engaged in returns projects and minority integration,

MFE, OPM, Kosovo Assembly

Pillars II, IV, ORC, UNHCR

Ongoing

 

6.2  Funding is distributed fairly to address returns priorities, and projects funded through Kosovo budget are implemented effectively.

Current:  ORC for RCG List and RRRF; Municipalities for MCF

Future: Central Returns Structures, Municipalities

Pillar II, UNHCR

Ongoing

7. Visible support of the returns process by community leaders and public information and education efforts supported by the PISG create a climate of tolerance and support for the right to return.

 

7.1 PISG developed and funded public information campaigns and initiatives in support of minority rights, multi-ethnicity and tolerance, including a gender perspective, and initiatives at municipal level, are implemented.

OPM, Advisory Office on GG, HRs, EO, and Gender, Ministries, Municipalities

DPI, Pillars II, III, ORC, UNHCR

July 2004 – Ongoing

7.2 UNMIK supported information campaign developed and implemented, including component involving local NGO initiatives in municipalities.

ORC, DPI

PISG, III, UNHCR

January-December 2004

Ongoing

7.3 Visible support by majority community leaders at all levels, including positive regular public declarations enhancing minority rights, and encouraging returns as well as visits to community areas and returns sites.

Ministries, Municipalities, party leaders, OPM

Pillars II, III, ORC, DPI, UNHCR

Ongoing

7.4 Visible engagement by PISG officials from all parties and both executive and legislative branches.

Ministries, Municipalities, party leaders, OPM

Pillar II, ORC, DPI, UNHCR

Ongoing

7.5 Relevant PISG authorities in direct contact with the IDP community and its representatives, including through involvement in ‘Go-and See Visits’ and ‘Go-and-Inform Visits’ and through producing public information for the displaced.

Municipalities, relevant Ministries, OPM, Inter-Ministerial Coordinator for Returns, Government offices

Pillar II, ORC, UNHCR

Ongoing

7.6 Successful central-level intervention in cases where municipal authorities or community leaders are obstructing the process, which leads to a removal of the obstruction or resolution of the dispute and successful advancement in the process.

OPM, party leaders, Ministries, Inter-Ministerial Coordinator for Returns, Municipalities

Pillar II, ORC, UNHCR

Ongoing

7.7 Civil society engagement in and support for returns and integration projects are supported by PISG and that support extends to all qualified NGOs without discrimination.

OPM, Ministries, Municipalities, NGOs

Pillars II, III, ORC, UNHCR

Ongoing

 

 

 

7.8 Civic instruction on coexistence and tolerance in mixed communities is increased and systemized in all schools.

OPM, Ministries, Municipalities, NGOs

Pillars III, II, ORC

Ongoing

8. PISG support for returns, including financial assistance, is distributed equitably to all communities.

 

8.1 Reporting on spending (both distribution and utilization) is reviewed to ensure equitable distribution of funds to all communities, consistent with size of community, needs of community members, and demand for return. 

ORC, Inter-Ministerial Coordinator for Returns, MFE, OPM

Pillars II, IV, UNHCR

Ongoing

 

2. Rights of Communities

 

Standard

Action

Responsible Authority

Supported By

Timeline

9. The laws of Kosovo provide a full range of protection for human rights and the rights of communities and their members, consistent with European standards.

9.1 International human rights standards, including standards relating to the rights of women and children, are incorporated into domestic legislation, including issuances and directives of the Kosovo Assembly, Ministries, and Municipalities whenever necessary, and all such legislation is implemented effectively and without discrimination. 

Kosovo Assembly, Ministries, Municipalities, OPM, Advisory Office on GG, HRs, EO, and Gender

Pillars III, I, II, ORC, OLA, UNHCR

Ongoing

9.2 Anti-Discrimination Law (ADL) consistent with European Union Directives and international standards endorsed by Kosovo Assembly for promulgation by SRSG.  (Endorsed  on 19.02.04)

Kosovo Assembly

Pillars III, I, II, ORC, OLA

15.02.04

9.3 PISG endorses for promulgation regulations and administrative instructions to implement the Anti-Discrimination Law effectively. 

Relevant Ministries

Pillars III, I, II, ORC, OLA

30.04.04

Ongoing

9.4 Endorsement and implementation of Equal Opportunity Laws consistent with European Union Directives and international standards adopted by Kosovo Assembly, including implementation of Administrative Instruction NR MSHR/DCSA 2003/12, which establishes Equal Opportunity Officers and instructions to act without discrimination.

Kosovo Assembly, OPM

Pillars III, I, II, ORC, OLA

30.06.04

Ongoing

9.5 Legislation at municipal and central level include vital interest clause that provides special provisions in the protection of immutable rights of communities.

Kosovo Assembly, Municipalities

Pillars II, I, III, ORC, OLA

Fall 2004

Ongoing

9.6 Training on ADL provided to the judiciary and the legal community.

Pillar III (KJI)

 

Summer 2004

Ongoing

 

9.7 Effective public information campaign on ADL launched.

OPM, Office of Communities, Relevant Ministry or offices (see below)

DPI, Pillar II, III

Summer 2004

Ongoing

9.8 Gaps identified and appropriate action taken by PISG to ensure ADL provides effective remedies and sanctions for discrimination.

Relevant Ministries, Municipalities, OPM

ORC, Pillar III, II, OLA, UNHCR

Ongoing

10. Kosovo participates in the Council of Europe implementation process for the Framework Convention for the Protection of National Minorities and fully implements recommendations resulting from that process.

10.1 Council of Europe, with support from PISG and UNMIK, includes Kosovo in monitoring process for Framework Convention.

Council of Europe

OLA, ORC, Pillar III

March 2004

10.2 Appropriate PISG staff allocated and provided with the necessary resources to prepare the reports required under the Framework Convention.

OPM, Office of Communities, Relevant Ministry or offices (see below)

Pillar II, III, ORC