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Kosovo decentralization framework 

24. 02. 2004.

Kosovo Government recently approved the Final Proposal of the Plan on
implementation of the reform of local governance. This plan will be debated
in a special session of Kosovo Assembly in a week(s) ahead. Taking into
consideration the parliamentarian procedures of the Kosovo Assembly sessions
where the Document on short-term and mid-term developments in Kosovo should
be reviewed the special session on decentralisation will begin in the first
week of March. 
According to the decentralisation plan the first phase, already approved by
the Government, will be the phase of the establishment of new
municipalities, so-called ‘pilot-projects’. This phase will be according to
the decentralisation plan planned finished by May this year.Goverment
announced that out of 5 pilot-project municipalities 2 are in predominately
Albanian areas – General Jankovic and Junik, 2 are in predominately Serbian
areas- Gracanica and Partes and one is in predominately Turkish area-
Mamusha.
The second phase will be the establishment, of the wider character on the
Kosovo level. The declaration of new municipalities in majority of the place
according to territorial principle, according to the residences that have
more than 7,000 inhabitants and their connection with regional principle is
foreseen to take place within this phase that is planed to be accomplished
by the beginning of November this year. 
The third phase is the final rundown of the establishment of new
municipalities and the announcement of the town residences as independent
units, where Prishtina city will have a special status. 
According to the sources the centre of Prizren will be declared as a part
protected by UNESCO, while Mitrovica will be divided in two separate
administrative units, but for the sake of possible political reactions it
will be politically managed as one coordinated unit by a provisory EU
representative. This project is planned to be finished by March next year. 
Kosovo Prime Minister Ramush Haradinaj said that this decentralisation
document adopted by the Government was made taking into consideration Kosovo
constitutional framework and that in its finalisation Kosovo Government
experts, UNMIK officials, Council of Europe officials and USAID
representatives gave their contribution.
Kosovo Prime Minister pointed out that this document has two important
aspects; establishment of the new pilot-projects municipalities and
preparation of the needed legislation so that it can be continued with the
reforms in local governance. 

Intensive talks on different levels, government officials’ statements and
opposite views on decentralization issue reached their culmination on the
Kosovo Parliament session that took place on Wednesday 23rd of February when
PDK deputies left Assembly session as a sign of dissatisfaction since their
request for an immediate debate on decentralization was not regarded. 
PDK and ORA, two the biggest opposition parties made clear from the very
beginning of the  talks about the decentralisation issue that they are
against decentralisation, as it was presented, and that they think that as
such this local government reform would lead more to ethnic division than
contribute to local government reform.
The Kosovan opposition warned Kosovo Government some time ago that it
entered without a clear concept in this process speaking about the criteria
that are dangerous for functioning of the power in Kosovo and about
territorial integration in Kosovo. 
Special Representative of Secretary General Jessen-Petersen has announced
the inclusion of the opposition in this process in order to soften the
existing differences on this very sensitive issue. The authorities of Kosovo
Government have confirmed their readiness in taking into consideration the
stances of the opposition, but after they finish with needed materials. 
Reporting about the PDK leaving Kosovo Assembly session media here wrote in
their Thursday’s 24th of February editions about the decision of the PDK
caucus to leave the session coming from following a pre-debate with Fatmir
Sejdiu, an LDK MP, who chaired the session, and PDK caucus Chief Jakup
Krasniqi. 
Even LDK MP Fatmir Sejdiu said that the debate on this will take place after
the Government turns the document on decentralization into the Assembly
Jakup Krasniqi chief of PDK caucus had announced earlier that if the
Assembly is not going to discuss this matter, they will abandon the session.

On the Assembly session Krasniqi said, “The pilot municipalities (the
Albanian and Turk ones) are for legalizing the enclave municipalities of
Gracanica and Partes, but not for decentralization and better services for
citizens, regardless of their ethnicity.”
In addition, PDK chairman Hashim Thaci said, “It would be good if
parliamentary groups would set a date for debate today, because it may take
place very late, in March or April, so when the process would be ongoing.” 
Veton Surroi, leader of the opposition party ORA also presented his three
recommendations about decentralization. 
“Firstly, decentralization should not come to the Assembly before going
through the committee in charge. We suggest these laws to be ready for
entering the procedure in one or two weeks,” said Surroi. 
“The implementation of pilot projects should not start before reviewing the
documents about this matter, since they are illegal and unconstitutional
categories as such. Thirdly, if we want reformation of the local power, we
can do this only within a new constitution.” 
No matter how hot the talks about the decentralisation in Kosovo are at the
moment the local media put more on it with speculating about the Serbian
President Boris Tadic confidential proposal for decentralisation submitted
to UNMIK. 
According to these speculations in the proposals he sent to UNMIK, Tadic
aims at finding a solution between Serbian Government plan for
decentralization and Kosovo Government plan for decentralization by
considering the Kosovan offer insufficient enough and by not dealing with
political autonomy for Kosovo Serbs. 
Therefore “this plan” was focused on two basic ideas – creation of new
municipalities in Kosovo and providing additional competencies for the local
power. 
According to Kosovo media Serbian President asked for the possibility of
changing the borders of the existing municipalities in Kosovo (which is
strictly ruled down in the Plan of Kosovo Government on decentralization)
and creation of municipalities with Serb majority and their merging in the
cases where these Serb localities are in two municipalities but still
neighbouring.

Asked how they see decentralization Kosovo Serbs mostly say they disagree
with it. This particularly applies on the opinion of the ones the ones with
the proposed pilot municipalities will be on the spot, like the ones that
live in Gracanica.

They see in it international community insisting on the standards
implementation.

They also say that the Serbian Government plan for decentralization was not
taken into consideration and why would they than go for the one that comes
from the Kosovo Government.
 
In addition to this opinion Serbian national council stated that the reform
of the local governance "is unilateral concept that is in opposition with SC
resolution 1244 because the changes in municipal territorial organisations
can not be made by the Government “.  
Serbian National Council thinks that "these acts represent severe violation
of the international documents and are directly against Serbian interests
and interests of Serbian State in Kosovo.” 
Oliver Ivanovic, leader of Serbian List for Kosovo and Metohija said that
without participating in the local governance reform working groups Serbs
couldn’t influence proposed plan at all.  He also said that the Serbs are
now only in position to complain but not to make any influence on proposed
decentralisation plan.

Oliver Ivanovic pointed out that with this foreseen plan of decentralisation
the number of Kosovo municipalities could be increased from 30 up to 75 or
80. He also pointed out that Kosovo Serbs will not be happy with
government’s plan to get within these reforms only 5 to 6 new
municipalities. 

Kosovo Serbs are today majority population in only 5 Kosovo municipalities.

 
B.I.
 





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