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Source: http://www.un.org/documents/sc/docs/2000/s2000538.pdf United Nations S/2000/538 Security Council Distr.: General 6 June 2000 Original: English
[The annexes, containing information relating to the consolidated budget, the establishment of military liaison officers in UNMIK and UNMIK Police, have been omitted.] Part III VIII. Democracy and civil society IX. Preparations for civil registration and municipal elections
VIII. Democracy and civil society 101. The institution-building component (OSCE) is the lead entity in building democracy and developing civil society in Kosovo. Supporting the development of democratic structures and processes and promoting the participation of people at all levels of society is one of the key tasks of the institution-building pillar. 102. The Institute for Civil Administration has been established and will be the official training institution for the public sector in Kosovo. Until the Institute is fully operational, interim training programmes are being conducted on topics such as personnel management, principles of democracy and human rights awareness, budget management and control, citizen participation, project management and public relations. In addition, technical training courses in computer skills and registration procedures have been held for executive and support staff. On average, each course has 140 participants. Thus far, 700 senior municipal administrators have participated in five seminars and over 250 civil servants have completed computer skills courses. 103. Five political party service centres have been established throughout Kosovo to provide branches of all political parties with access to basic infrastructure and communication facilities. Through these centres, political parties are assisted in developing democratic programmes and structures of organization and enabled to communicate among themselves and with other political parties outside Kosovo. Political party service centres also help the political parties to develop a democratic relationship with the electorate and to deal with public opinion and the media. Such support will be crucial for developing the capacity of Kosovo’s political parties to compete effectively and fairly in the municipal elections. UNMIK has also begun the process of political party registration, in accordance with UNMIK regulation 2000/16, and political party certification. Party supporter lists have been issued to some 30 parties, which are currently collecting the signatures necessary for both the registration of the party as a legal personality and the certification of the party for the municipal elections. 104. The scale and complexity of election preparations led to the establishment of the Political Party Consultative Forum in April in order to keep all political parties informed of decisions of the Central Election Commission regarding the electoral process. At the Forum, political parties and coalitions have an opportunity to meet with senior UNMIK officials to discuss election issues, such as a code of conduct for election campaigning and the certification of political parties for the upcoming municipal elections. The Forum has met three times since 21 April. A number of political party training activities have also been held around Kosovo. These training sessions address such issues as public and media relations, the basic principles of political party organization and platform development. Particular attention is being paid to include Kosovo Serb and other ethnic minority parties in these activities. During May, training was provided in nine distinct locations; four more training courses are planned for June. 105. UNMIK also continued to work with international and local women’s groups in order to promote the active participation of women voters in the municipal elections and to encourage female candidates to run for office. Starting in May, a series of round tables on the role of women in political life, designed to enhance and encourage women’s participation in political life and in public bodies, was initiated. Women politicians from several Kosovo parties have attended the discussions. 106. At present, more than 200 non-governmental organizations are registered in Kosovo. Similar to political party service centres, NGO resource centres give logistical support and offer training opportunities to these organizations. Out of 10 projected centres, 4 have already been opened. 107. A national and international group of lawyers and media experts completed the first draft of the interim broadcast regulation on 24 May. This regulation will create the Interim Broadcast Commission, which will be responsible for licensing broadcasters as well as enforcing a code of practice for all broadcasters. The regulation also establishes the legal structure for Radio Television Kosovo (RTK) as an independent public service broadcaster. UNMIK is working with technical experts to develop the specifications for broadcast equipment for RTK and for transmission equipment for the terrestrial broadcast transmission system in Kosovo. 108. A four-week training course for local radio journalists from across Kosovo, organized in conjunction with UNDP, was conducted during April. Approximately 40 local journalists took part. On 15 May, a major two-week training course for journalists at RTK and selected newspapers began on basic reporting and editing techniques. In addition, five media managers attended a two-week course in Canada on management skills. A second session, beginning on 29 May, was held, along with a specific training course for the journalists who will work at the Kosovo Serb station, Radio Caglavica, when it commences operation. 109. At the conference of the Association of the Media of Kosovo and international experts from the International Federation of Journalists, held on 11 and 12 March, the Association completed its code of conduct. It also made substantial progress on the creation of a court of honour, which will act as a media complaints and disciplinary board. In addition, the President of the Association made arrangements to travel to the regions to meet with Kosovo Serb journalists in order to encourage them to take part in the Association. IX. Preparations for civil registration and municipal elections 110. Elections are the next step in the political transition process and are scheduled to be held in October. My Special Representative has decided to include the municipalities of both Zvecan and Malishevo in the municipal elections. A Joint Registration Task Force has been established by the civil administration (United Nations) and institution-building (OSCE) pillars with the objective of carrying out civil and voter registration of habitual residents of Kosovo living in Kosovo, and voter registration for habitual residents living outside of Kosovo. It is estimated that there are approximately 1.2 million potential applicants for the first phase of civil and voter registration. 111. The Task Force initiated an early start of registration on 17 April in the Gnjilane region, and registration centres were opened throughout Kosovo on 28 April. The registration period is scheduled to end around 15 July. As at 26 May, 195 out of 199 registration centres were opened, at which 292,299 registration applications had been submitted. 32,784 additional cases (11 per cent) have gone into the review process. Documentation has been located in the municipal record offices for 60 per cent of the review cases. The average number of applicants per day is about 20,000. 112. Out-of-Kosovo registration began simultaneously with in-province registration by mail in 32 countries and in-person registration in Montenegro, Federal Republic of Yugoslavia; Albania; and the former Yugoslav Republic of Macedonia. Despite persistent efforts by UNMIK to secure the cooperation of the Yugoslav authorities on the registration of Kosovo internally displaced persons in Serbia proper, there has been no change in their negative position on this issue. Registration sites are being prepared on the northern and south-eastern boundaries with Serbia to allow potential applicants currently residing in Serbia access to the registration process. 113. Surveys have shown that the majority of registrants possess adequate documentation. However, the Task Force has established an enquiry service for those for whom there is no back-up documentation. The service requires the completion of an extensive questionnaire to describe and justify their claims of identity and residence. Furthermore, the Registration Appeals Commission has formally commenced operation. The Commission will hold hearings in Pristina and in the various regions. Special provision will be made for hearings in regions populated by non-Albanian communities. The Commission will hear and decide appeals concerning cases in which a person has been denied habitual residency status and was consequently denied admission to the civil registry. It will also adjudicate voter eligibility in cases where the applicant prevails in his or her appeal to the Commission. 114. Strenuous efforts have been made to ensure the registration of non-Albanians, including a specific media outreach programme (alongside similar outreach programmes for women, youth and the disabled). In general, the Kosovo Serb community continued its non-participation policy despite the efforts of UNMIK to persuade its members otherwise. A special meeting of the Political Party Consultative Forum was convened in Zubin Potok on 6 May to inform the Kosovo Serb political parties about recent developments regarding civil registration and electoral matters. The discussion emphasized that Kosovo Serb participation in registration was contingent on security and return. The Joint Registration Task Force is currently addressing the issue of the non-accessibility of registration sites as a result of security concerns. B. Municipal election preparations 115. The Central Election Commission is the principal regulatory body overseeing the conduct and supervision of the election process, and is composed of three international and nine local members. The Commission formally convened for the first time on 18 April, with all members present except for a Kosovo Serb representative. The Kosovo Serb observer in IAC had announced on 14 April that the Kosovo Serb community would keep its seat vacant until the conditions of security and return were met. At its first official meeting, the Commission adopted a code of conduct for political parties, coalitions, candidates and their supporters, which seeks to promote conditions conducive to the conduct of free, fair and informed elections and a climate of democratic tolerance in which political activity can take place. 116. The Commission has so far adopted seven electoral rules for the upcoming municipal elections. It adopted the electoral rule on the Election Complaints and Appeals Subcommission as part of the effort to ensure free and fair municipal elections. An international chief commissioner and three local deputy commissioners will head the Subcommission. The Subcommission will adjudicate all complaints of violations of the electoral rules, regulations and administrative directions concerning the electoral process, including accusations of bribery, threatening of voters, carrying of weapons at political meetings and using language that incites violence and voter fraud. The Subcommission will also consider all appeals concerning the voters’ list, except those that are adjudicated by the Regional Appeals Commission. 117. The electoral rule on the certification of political parties, coalitions, independent candidates and citizens’ initiatives certifies eligibility for ballot access in the municipal elections. The Central Election Commission has decided that the deadline for submission of certification applications is 11 June. The electoral rule on voter registration appeals allows persons who have been denied inclusion in the voter list outside of Kosovo to appeal this decision to the Election Complaints and Appeals Subcommission. The electoral rule on voter information specifies that all public and private radio and television broadcasters in Kosovo shall broadcast informational material concerning the civil registry and the electoral process as public service announcements. A. Kosovo consolidated budget 118. The Kosovo consolidated budget for 2000, initially approved through UNMIK regulation 1999/27 of 22 December 1999, has been recast to incorporate the JIAS structure and a number of other technical changes. In addition, the civil registration component has been identified as a special donor-funded project. The 2000 Kosovo consolidated budget provides for recurrent expenditures of DM 562 million, including recurrent expenditures from public enterprises and municipalities and salaries for civil servants. The number of people employed in the public sector is nearly 70,000. The 2000 Kosovo consolidated budget now provides for DM 429.3 million for the general “governmental” sector. The budget situation is under review, and revised expenditure and revenue estimates will be available by mid-June. At this point it appears that the overall revenue projections will not be met, mainly because of administrative delays in adopting some of the taxation measures. Donor pledges have been fulfilled, with DM 200 million pledged for budgetary support and DM 149 million received. As a result, Kosovo’s cash requirements should be met through September 2000. 119. Domestically generated revenue for the Kosovo consolidated budget is now in excess of DM 49 million. While internal tax collection points have now been established within Kosovo to collect sales and excise taxes, customs duty is not applied on goods coming from other parts of the Federal Republic of Yugoslavia nor on imports of goods from the former Yugoslav Republic of Macedonia pursuant to an existing trade agreement between the Federal Republic of Yugoslavia and that country. Sales and excise tax collection at the boundary with Montenegro contributed largely to the increase in domestic revenue during the reporting period. Declarations for the hotel, food and beverage tax continue, and should increase in the coming months as a result of the lowering of the threshold for application of the tax to DM 10,000 turnover per month, from DM 15,000. At the same time, some utilities, such as the Kosovo power company and the Kosovo post and telecommunications company, are generating revenue through the payment of utility bills and the sale of postage stamps and GSM chips respectively. The presumptive tax on business will lead to revenue in the third quarter of the year and will significantly increase the incidence of taxation in the community. B. United Nations Interim Administration Mission in Kosovo Trust Fund 120. As at 25 May, contributions received under the UNMIK Trust Fund totalled $32,973,929. The approved value of quick-impact projects to be paid from the UNMIK Trust Fund as at 29 May totals some $2,478,614. Payments totalling $1,201,456 have been made and a balance payable of some $522,212 remains. A total of 22 approved projects (with a value of $555,099) were transferred to the Central Fiscal Authority for payment under the Kosovo consolidated budget. There are currently 97 quick-impact projects being implemented, and 37 (with a value of $744,381) have been completed or closed. A total of some $14,457,713 was withdrawn from the Trust Fund for the payment of stipends to Kosovo civil servants and $10.0 million was withdrawn for the winterization programme. 121. Working closely with KFOR, UNMIK has made great progress, not only in containing the former conflict within the boundaries of Kosovo, but also in sharing responsibility for the interim administration with the local population. Through innovative measures, UNMIK has created an environment in which the population has become engaged in and committed to the process of creating provisional institutions for self-government. Nonetheless, while much has been done, much remains to be done. 122. Regrettably, some aspects of Kosovo society have not changed. Kosovo Serbs and other minority communities continue to be murdered, attacked and threatened. UNMIK staff members have also been murdered by extremists motivated by ethnic hatred. Such acts have drawn strong condemnation. However, UNMIK and KFOR continue to strive to create a safe and secure environment for all residents of Kosovo. 123. Local leaders and the people of Kosovo have made some encouraging efforts to create a society in which all people can live without fear. But understanding and tolerance in Kosovo remain scarce and reconciliation is far from a reality. It is vital that all concerned, leaders and ordinary people alike, make a personal and concerted effort to bring violence, intimidation and harassment to an end. While the international community can promote tolerance and coexistence, it is, in the end, the responsibility of the local population to nurture the basic prerequisites for a peaceful society in which all communities can live a normal life. 124. The fate of missing persons and the continued detention of persons from Kosovo in prisons in Serbia remain matters of deep concern that must be addressed on an urgent basis. I call upon all Member States to contribute to this cause, not only through the provision of funds and personnel for the ongoing exhumations in Kosovo, but also politically and diplomatically. All efforts must be made to resolve the fate of the missing persons from all ethnic communities in Kosovo. Likewise, I call upon the Government of the Federal Republic of Yugoslavia to work with the United Nations and Member States to resolve the issue of the continued detention of persons from Kosovo in Serbia proper. The appointment of a Special Envoy for missing persons, detainees and prisoners is therefore under active consideration. 125. The development and implementation of the rule of law in Kosovo requires UNMIK, with the valuable assistance of OSCE, to address all aspects of the provision of law and order — judicial, penal and law enforcement. Building and reforming a judicial system cannot be tackled piecemeal; a comprehensive approach is required. UNMIK began rebuilding the judicial system upon its arrival in Kosovo. Since then, the judicial system has made marked advances. Criminal cases are being heard and the law is being enforced; however, the partiality of the Kosovo judicial system must be remedied. The local judiciary has not yet proven itself capable of distancing itself from the recent conflict, and therefore international judges, prosecutors and support staff must be provided to support both the establishment of the day-to-day court system as well as the Kosovo War and Ethnic Crimes Court. Professional training and development of the local judiciary must also be supported. To underpin the judicial system, an efficient penal system must be established. This requires both resources and international personnel. 126. The United Nations, for the first time, fielded an executive police mission in order to provide effective policing on the streets of Kosovo. The challenges are immense. In order for UNMIK to maintain law and order in Kosovo, it must have the resources to do so. The training of KPS officers must also be accelerated so that increasing responsibility for law and order rests with representatives of the local population. I appeal to all Member States to provide UNMIK, as a matter of urgency, with the number of police officers and special police units necessary to implement its mandate. 127. The demilitarization of KLA and the establishment of the Kosovo Protection Corps are key achievements of UNMIK. KPC is funded entirely from voluntary contributions, which will be exhausted in August. Continuing support is essential if KPC is to receive meaningful training and continue to make an effective contribution to the reconstruction of Kosovo. 128. Good progress has been achieved in establishing a macroeconomic framework in Kosovo. Thanks to substantial help from the donors, and especially from the European Union, essential services like electricity and water have been maintained, despite very difficult circumstances. An immediate objective is to boost revenue collection to improve the sustainability of the Kosovo budget. This will be achieved through enhanced tax collection measures and improvements in cost recovery in the utilities sector. A second immediate objective is to implement the policy-driven public investment programme (Reconstruction 2000), which will facilitate the channelling of international funds towards reconstruction priorities. 129. Today, Kosovo’s economy is remarkably vibrant: 70 per cent of private enterprises have now restarted and are producing more and employing more than in 1998; winter wheat planting was at 80 per cent of the historical average; and the construction sector is booming. However, unemployment remains at around 50 per cent, and much still has to be done to establish the institutional and legal framework to meet the third main challenge ahead: encouraging enterprise development. A workable set of rules on company activities is needed urgently to provide both enterprises and potential investors with a stable environment. Also, existing enterprises must be helped to make the most out of the resources they have without prejudice to their eventual ownership. Interim measures are needed, focusing on good management, including through management contracts, leases and concessions, as well as measures to encourage the development of credit facilities for small and medium enterprises. In addition, privatization must be tackled, as it is the only long-term way to revitalize large parts of the economy, attract investment and establish a tax base. 130. In the coming months, UNMIK will work to broaden and deepen its achievements so that they take root in Kosovo. In addition to rebuilding a shattered society in legal and economic terms, UNMIK must also strive to rebuild communities. Key to this is the return of all refugees and displaced persons of all ethnic backgrounds. All previous residents of Kosovo have the right of return. This right cannot be made conditional, although the actual rate of return will be governed by the principles of voluntariness, sustainability and security. UNMIK will continue to strive to create those conditions. Continued international support for those returns, as well as the management of forced returns, is essential — funds, resources, personnel and continued political support combine to create an environment supportive of durable returns. 131. An essential element in the creation of long-term stability in Kosovo is the increasing inclusion of its people in the administration of the province to give them greater responsibility for its development. UNMIK undertook early and important steps in this regard with the formation of the Kosovo Police Service and the establishment of the Kosovo Transitional Council and advisory bodies, as well as the establishment of the Joint Interim Administrative Structure and the Interim Administrative Council. The next step is to conduct Kosovo-wide elections for municipal bodies. Already the political landscape in Kosovo shows greater evidence of pluralism than might have been expected. The municipal elections will give these nascent political parties the chance to achieve electoral support and to begin to represent the wishes of the electorate at the municipal level. It is vital that the people of Kosovo register for these elections and that the parties conduct fair and open campaigns. I urge the people of Kosovo to register to vote and to participate in the municipal elections. 132. Democracy in Kosovo must begin to take root, but given Kosovo’s troubled history, institutionalizing the sharing of administrative and political responsibility between the ethnic communities concerned will not be quick or easy. It is important, however, that UNMIK continue its energetic steps to facilitate greater inclusion of local residents. An important step in this regard is the development of a contract with the people of Kosovo. The contract should incorporate all the principles of Rambouillet and resolution 1244 (1999), guarantee the protection of all current and displaced residents of Kosovo and provide confidence in the future. Such a contract places obligations on all parties involved in building a peaceful and stable Kosovo. 133. Unfortunately, the security situation over the past few weeks has deteriorated. An upsurge of vicious attacks on Kosovo Serbs in several areas has undermined Kosovo Serb confidence in the future. These attacks appear to be part of an orchestrated campaign. The international community’s continued support and involvement in Kosovo is conditional on the full cooperation of all of Kosovo’s political parties and communities. The international community did not intervene in Kosovo to make it a haven for revenge and crime. The leaders and residents of Kosovo must play their part in meeting their obligations and responsibilities to make Kosovo an area where all may live in security. 134. In conclusion, I would like to commend my Special Representative, Bernard Kouchner, as well as all the international and local staff of UNMIK for their efforts in support of United Nations activities in Kosovo. I also wish to place on record my warm appreciation to all the men and women of UNMIK who are working in the regions and municipalities, often under very difficult and demanding conditions, for their continued dedication to the cause of the Organization. Finally, I wish to thank the United Nations High Commissioner for Refugees and her staff for ably meeting the challenges of the emergency relief needs of Kosovo throughout the winter and successfully facilitating the transition to reconstruction and development within the Mission. |
Document compiled by Dr S D
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