20 strategies initiated during this term, while implementation ...

gap monitor no. 5, May 2009

of Kosovo Government Decisions

20 strategies initiated during this term, while implementation remains a different issue - “Brain Fund” Scheme, a program proposed by GAP Institute, gets approval - Administrative Instruction on meat imports excludes local companies - Law on Tobacco is reapproved, since the initial one was not implemented - FRIDOM recommendations are approved

gap monitor May 2009

Hello! In May, the government of Kosovo has held four meetings in which 23 draft-laws have been approved. In one of the meetings, the government has taken no steps towards approving any decisions. It has only discussed the details over the visit of the United States Vice President, Joseph Biden. During this month, the government of Kosovo, has approved seven draft-laws and one administrative order. Over a five month period, the government of Kosovo has twice approved these three laws: VAT, Personal Income Tax and Corporate Income Tax. A decision has been made to restart reversing ownership in Hade village, while Harilaq of Fushë Kosovë has been designated as a toxic waste landfill. In a decision, the government has asked the City Council of Lipjan to reverse their decision on taxi drivers access to the Prishtina International Airport. As far as the governmental decisions of the past month, even-though they have approved the Draft-Law for Prishtina in April, they have not yet sent this legislation to the Kosovo Assembly for approval. They’ve done the same with the Kosovo Draft-Strategy Against Corruption 2009-2011. The GAP Institute has continued monitoring the decisions made in the past four months. However, as opposed to the previous editions, the process of implementation of these decisions will be shown on a table, apart from the narrative part of GAP Monitor. The new table gives a clearer perspective over the implementation process of the decisions starting with their approval. Many decisions made over the past four months have not been implemented in full, or have not begun being implemented at all. For all these and other decisions, we invite you to read the fifth edition of GAP Monitor, as well as analyze the table of implementation. We would also like to thank all of you who have contacted us on [email protected] We welcome all your comments, suggestions and critiques. Enjoy reading GAP Monitor!

Contents 3

The number of strategies initiated over this term goes to 20 – implementation still a problem

4

The Law on Corporate Income Tax is ReApproved

5

“Brain Fund” Scheme receives Green Light

7

The Tobacco Law was not practical – Government Decided to Re-approve it

8

The Government changes the Administrative Instruction over Meat Import

9

15

Family of the National Fallen Hero Sami Rama are given 7,000 Euros of Aid

16

Draft-Law on Protection Against Air Pollution Approved

17

The Law on Mines and Minerals Approved

18

Licensing Student-Biologists Allowed

19 20

Path to Buying Embassy Buildings Cleared

10

Administrations of three Ministries undergo Reforms

11

Hade Property Expropriation Begins

12

The Government proposes to the Assembly the Heads of the Water, and Sewage Regulatory Office

13

The Government allows the Ministry of Agriculture to reroute 372,000 Euros

14

Harilaq of Fushë Kosovë Designated as a Landfill for Waste and Toxic Waste

Government Seeks Reversal of the Lipjan Municipality Decision – the Municipal Institution will not Consider it The Draft-Law on Bestowing Presidential Decorations is Approved

21

The Personal Income Tax Draft-Law is Approved

21

Two New Checkpoints on the Border with Albania are Opened

22

Kosovo takes Unilateral Steps Towards the Visa Liberalization Process

25

The “Diaspora” Program mobilizes the Ministry of Internal Affairs

26

Summary


The number of strategies initiated over this term goes to 20 – implementation still a problem

T

he Government of Kosovo has decided to initiate a procedure for drafting two more strategies. With 03/66 and 04/66 decisions, the Government of Kosovo has asked the Ministry of Internal Affairs to start the procedures for drafting the National Strategy for Confiscation of Illegal Weapons and The National Strategy and Action Plan for the Prevention and Elimination of Crime. With these two, the number of initiated strategies since January 2008 has reached 20, 15 of which are approved and the other six are still being drafted.

The Ministry of Internal Affairs has taken the main responsibility for drafting the strategies. During this term, MIA has initi-

ated the drafting of nine strategies of which only three have been approved. The strategies initiated by MIA are:

The number of strategies initiated from January 2008, comes to 20, nine of which are competencies of the Ministry of Internal Affairs. The 2008 Progress Report for Kosovo, compiled by the European Commission, in ten points criticizes the Government of 3 Kosovo for non-adaptation and actual non-implementation of these strategies

Strategy

Initiation

Status

The Strategy for Controlling Small and Light Weapons.

-

Approved on 24.4.2008, with decision 08/17.

Strategy and Action Plan Against Human Trafficking 2008-2011.

-

Approved on 31.07.2008, with decision 03/29.q

Strategy and Action Plan for War Against the Organized Crime in The Republic of Kosovo.

Initiated on 6.11.2008, with decision 08/44.

Not approved yet.

Strategy and Action Plan for War Against Terrorism in The Republic of Kosovo.


Not approved yet.


Strategy

Initiation

Status

Strategy and Action Plan for War Against the Trafficking of Narcotics in The Republic of Kosovo.

Initiated on 6.11.2008, with decision10/44.

Not approved yet.

National Strategy for Migration and Action Plan.


Not approved yet.

The Republic of Kosovo Integrated Border Management National Strategy and Action Plan.


Approved on 8.4.2009 with decision 08/60.

National Strategy for the Confiscation of Illegal Weapons.


According to MIA it’s expected to be approved in the fourth trimester of 2009.

National Strategy and the Action Plan for the Prevention and Elimination of Crime.


Sipas MPB, pritet të miratohet në tremujorin e katërt të 2009.

As you can see from the above table, MIA has a lot more work to do when it comes to drafting the four strategies initiated earlier. According to the MIA officials, the difference between the National Strategy Against the Organized Crime and the Strategy for the Prevention and Elimination of Crime, is that the first one deals with more serious crimes, and the second with less serious crimes. Also, The Strategy for Controlling the Small and Light Weapons

with the Strategy of Confiscation of the Illegal Weapons are closely interlaced. In the 2008 European Commission Progress Report for Kosovo, ten of many more challenges mentioned in this report deal with missing strategies and action plans, and the non-implementation of existing ones. With the numerous challenges that the Kosovo Institutions are expected to be faced with, the 2008 Progress Report criticizes the Ko-

sovo Government for not drafting a strategy and an action plan for confiscating illegal weapons and a strategy for fighting the organized crime. The Government of Kosovo has been late in the adoption of these strategies, so their approval is not expected to come through before the 2009 Progress Report and the feasibility study. This year, again, Kosovo will be criticized for not approving these two strategies.

The Law on Corporate Income Tax is Re-Approved

T

he new law on Corporate Income Tax that was approved by the Government in May would completely replace Law 03/L-113 on Corporate Income Tax, which was approved by the Kosovo Assembly on December 18, 2008. The reasoning behind the re-approval of this law, just like the reasoning behind the Value Added Tax (VAT) Law – approved last month,

4

the new law is well rounded and is concurrent with the joint legislation of the European Union. Some of the issues that the DraftLaw advances further are: the dividend issue, loss of value, unmanaged debt, and other issues. The Draft-Law is concurrent with EU Directives no.2003/123 and no.2006/98, which deal with dividend issues. Furthermore, the

Over a period of five months, the Government of Kosovo has twice approved the Draft-Law on Corporate Income Tax, the Value Added Tax, and the Personal Income Tax as well as the Personal Income Tax Law – something we will discuss below, is that

Draft-Law aims to have harmony between the Tax Law and the requests from the Pre-Admission

Body (PAB). It will also satisfy the issue of non-calculated import, as well as guarantee special tax deduction for those items used for religious purposes, the way it’s specified in the Ahtisaari’s Proposal and the Law 02/L-31 Granting Religious Rights in Kosovo. It is important to note that every bilateral agreement signed by MEF for the elimination of double taxation will be above the provisions of this law. The Corporate Income Tax Law, approved in December 2008, replaced the UNMIK Regulation 2004/51 and lowered the tax bracket from 20% to 10%. The Draft–Law keeps this tax bracket and also offers several additional tax deductions. This will have an effect in lowering the budgetary income by 1.7 million Euro in the next three years.


“Brain Fund” Scheme receives Green Light

O

n December 24, 2008 with decision 02/48, the Government of Kosovo has approved the “Brain Fund” program draft. The draft is a proposal created by GAP Institute for Advanced Studies. The purpose of this draft is the creation of a fund for financing

sector or that of the International Organizations in Kosovo. Higher pay in the public sector are usually interlaced with political posts, whereas many qualified individuals would rather not be identified with politics. In order to make it possible for

’Brain Fund’ is a program which aims at involving 150 to 200 professionals in the Kosovo state administration. According to this program, these professionals will get a substantial pay, which in turn will prevent the staff from leaving the state administration for the private sector and International Organizations 150 – 200 professionals to work in Kosovo’s civil service. Currently, qualified Kosovar professionals work in the private sector or International Organizations operating in Kosovo. For them, the public institutions have not been attractive for the fact that the salaries are not concurrent with the private

Kosovo to attract as many qualified non-political individuals in the civil service sector, the GAP Institute has proposed a separate draft, which in sectors with a deficit and with greater need, like The Ministry of Economy and Finance, The Ministry of Education and The Ministry of Health, would

have specific positions in the main departments, where the qualified individuals would be involved. The salary for these posts would be higher and the recruitment would be done differently from that of the civil staff, according to the already established norms. According to the GAP Institute proposal, the salaries for these posts would be between 1,2001,500 Euros. It is important that the whole project is administered by a central authority, appointed by the Ministry of Public Services (now The Ministry of Public Administration). In order for the idea of the “Brain Fund” to function properly, it is necessary to 5 implement an honest recruitment process, taking under consideration recruitment only for important posts, like those for heads of departments as well as the recruitment of professionals, who would be able to carry out reforms in the public administration sector of Kosovo. The proper implemen-


tation of this idea would be able to make the public sector an attractive place to work in, thus bringing in qualified individuals who are currently employed either in the private sector or International Organizations. “Brain Fund” proposal is also supportive of the Ministry of Education’s “Brain Gain” program. Kosovar Professionals who have finished studying in wellknown Universities abroad, would be able to come back to Kosovo through the “Brain Gain” program while

their civil service posts would be financed through the “Brain Fund” scheme. Such examples of “Brain Fund” idea can also be found in administrations of other countries like that of Great Britain (“Fast Stream Program”). This proposal, which was approved by the Kosovo Government last December, foresaw, as a testing pilot project, using the Department for Macroeconomic Policies and the Public-Private Partnership Unit, functioning under the Ministry of Economy and

Budgetary Organization 1 2 3

4

5 6 7 8

According to the GAP proposal, the whole “Brain Fund” scheme should be managed by one central authority located in the 6 Ministry of Public Administration. The reasoning behind this is that the Office of the Prime Minister is overloaded with a number of tasks and if the central authority is added to the Office of the Prime Minister, it’s possible that this project be poorly managed. Nevertheless, according to the Government, this authority is titled “The Manager of the Brain Fund” and is placed exactly un-

100,000 € 80,000 € 80,000 €

Number of Benificiaries 5-11 4-8 4-8

300,000 €

14-31

80,000 € 80,000 € 80,000 € 275,000 €

4-8 4-8 4-8 13-29

1,075,000 €

50-112

Amount

Office of the Prime Minister Ministry of Education Ministry of Law Ministry of Economy and Finance, which includes the Kosovo Tax Administration, Customs and Automated Transfers of the Macroeconomics and the Public-Private Partnership Units. Ministry of Health Ministry of Transport Ministry of Trade and Industry Other Ministries, 11 in Total (25,000 € each) Total

Finance. The Government’s decision, also foresaw that the salaries for this program to be from 800 to 1800 Euros. Decision 07/63, taken on May 7, 2009, extends the “Brain Fund” scheme even further. This decision sets the maximum level of distribution of funds. The table below shows the number of posts and funds that will be distributed in each of the Ministries for the implementation of the “Brain Fund” scheme.

der the authority of the Office of the Prime Minister. The project will cost 1,075,000 Euros, and the whole project will have 50112 beneficiaries. The project manager will have a salary of 800 Euros. The proper functioning of the project will greatly depend on the recruitment process. For this reason, GAP has proposed 13 steps to follow for the recruitment of the individuals in this project. It’s left to be seen how closely will the Government adhere to these guidelines for the proper recruitment. Eventhough this decision has been made in

the May 7, 2008 meeting, initially it hasn’t been public along with other decisions from the same meeting only to be added to the decisions later on. One of the proposals of the GAP Institute, was a strong advertising campaign throughout the media, the design of a website specifically for this project, promotion of discussions about the project and so on, in order to get the information about the idea to the masses. However, none of the proposed ideas have been implemented yet and the media has not once reported about it.


The Tobacco Law was not practical – Government Decided to Re-approve it

T

he Kosovo Government has approved a Draft-Law on the Amendment and Additions to the Tobacco Law. The Tobacco Law has been approved by the Kosovo Assembly on October 3, 2005 and has been promulgated on January 9, 2007 by the SRSG. This law has 13 articles. Since the beginning, this law was

than 10 mg. tar per cigarette, more than 1 mg nicotine per cigarette and more than 10 mg carbon monoxide per cigarette. The testing for tar, nicotine and carbon monoxide would be done in the Ministry of Health. Each tobacco product package would have to print these cautionary details on the outside: “Smoking

Before the Tobacco Law beginning its implementation, it is requested that it be amended and supplemented. The changes expected to be made have nothing to do with the improvement of the impracticality dispositions, since the law has not yet begun to be implemented as a result of the unwillingness of the institutions. The Amendment and additions to the Tobacco Law changes none of the main points of the law already approved never implemented. This is a fact also recognized by the government officials. Even-though the Kosovo Assembly approved the legislation in October 2005, and under Article 3.2, it is said that the Law would start being implemented from January 1, 2005. So, the law was supposed to begin implementation retroactively from January 1, 2005, when in reality it was promulgated two years later (January 2007). The Law would prohibit the trade of tobacco products containing more

Kills”, “Smoking seriously damages your health and your environment”, “Smoking causes cancer”, etc. The advertising and promotion of any form of tobacco products by any physical or legal person is prohibited. The sale or offering of tobacco products by any person aged 18 or younger is prohibited. A clearly visible sign advising that smoking for persons under the age of 18 is prohibited should be placed in places where tobacco is sold. The sale of tobacco products through automated

tobacco machines is prohibited. The law also cites punishments for non-compliance with the dispositions of this law. For example, all public officials smoking in a workplace will be fined with 5% the amount of their salary. None of the above dispositions have been implemented. The Ministry of Health has no laboratory where the amount of tar, nicotine and carbon monoxide could be tested; youngsters aged 18 and under can freely buy, sell and smoke cigarettes. Public officials without the slightest obstacle smoke in their workplace. In some cases, even deputies who have approved the law do not abide by it. For example, an automated cigarette machine is found by the entrance of the City Council Offices of Podujeva while the Mayor of that city has been a member of the Functional Committee in Kosovo Assembly which approved this law. In Assembly committees, especially in the Committee for Budged and Finance, every meeting is associated with smoking. After numerous factgathering visits in different municipalities of Kosovo, we have noted that officials smoke in every governmental building; and even civil servants whose job is to regularly deal with

7


clients, don’t refrain from smoking during the business hours and while talking to clients. We noted these examples in order to give a clear idea of the fact that the Tobacco Law is being broken by public officials, as well as other citizens. The changes that were made to this law through the Law for Amending and Supplementing the Tobacco Law are all superficial and don’t change at all the substance of this law. Non-implementation of the Tobacco Law was not as a result of a non practical Law, but as a result of the lack of interest by the public officials to apply this law. With the proposed

changes, the Law is supposed to go into effect on January 1, 2010 (as opposed to January 1, 2005 as it was stated in the last Law). Other changes deal with slight changes in the language of the law and nothing more. Even the explanatory Memo released by the Ministry of Health, gives no explanation on the need to change the law. In other words, the Law for Amending and Supplementing the Tobacco Law is a re-approval of the Tobacco Law. With the approval of this law, nearly four years ago, the Government had not calculated the financial statement on it.

Now, with the new legislation sent to the Kosovo Assembly, the financial statement is attached to it. According to the financial statement, in four years, from 2009 to 2012, the implementation of the Law would get 880,000 Euro. In 2009, 20,000 Euros would be spent on preparations for the implementation; in 2010, 600,000 Euros would be spent to buy the testing laboratory and the employment of five professionals; and 130,000 Euros would be spent in the coming years for the implementation of this law. This sum has not been included in the 2010-2012 Mid-Term Expenditure Framework.

The Government changes the Administrative Instruction over Meat Import

I

8

n April, the Government of Kosovo approved a request made by the Agency of Food and Veterinary to amend the Administrative Instruction 18/2005, for the Veterinary Control of Import, the Transit Passage of Food and Non-Food Products Originating from Live Animals, and the Substances for Animal Fertilization. The reasoning behind this change was that the Administrative Instruction should be in accordance with the Food Law, which was approved by the Kosovo Assembly in March 2009. In May, the Kosovo Government approved the Administrative Instruction 07/2009 to amend the 18/2005 one. Although, nowhere in the first paragraph of the Administrative Instruction 07/2009 is stated that this Administrative Instruction supports the Food Law, but only the Veterinary Law and the European Union’s requests in accordance with the Integrated Border Management. According to the Administrative Instruction, the meat import from EU member states is only allowed from slaughter houses and meat manufacturing plants which have approved the export number by the European Union and have the certificate of the origin of the product, the invoice

and other necessary documentation which proves the health regularity of the product. It is allowed that meat be imported from Latin America, Australia, New Zealand, Turkey, and third countries, but only from plants that are in the European Union approved list for import. Also, allowed is the meat import from the United States

plementation of this proposal. According to the Food Law, FVA is and agency of the Office of the Prime Minister. It is incomprehensible why such an agency should be directly connected to the Office of the Prime Minister and not that of the Ministry of Agriculture or the Ministry of Health.

A month after the approval of the Food Law, the Government takes measures to amend the administrative instructions under this Law. This is an exception, because it usually takes the Government many years to complete its obligations towards secondary legislations. The administrative instruction excludes the local companies from the meat import process and Canada in accordance with bilateral agreement among Kosovo and these two countries. In order to implement this Administrative Instruction, an international tender will be announced. The Administrative Instruction excludes local (national) companies from the meat import, after decisively announcing that this right from now on is reserved only for International companies. The Food and Veterinary Agency (FVA) will be responsible for the im-

In accordance with the Official Newspaper Law, the normative acts of the government should be published in the Official Kosovo Newspaper, but this does not happen with the Administrative Instructions. Even-though Administrative Instructions deal with important issues dealing with the life of the citizens of Kosovo, such as this proposal, securing these proposals is extremely difficult since they are not made public anywhere.


Path to Purchasing Embassy Buildings is Cleared

I

n February of this year, the Government of Kosovo has approved the Ministry of Foreign Affairs request for the modification of the Public Procurement Law. The modifications were necessary because the current law did not support its procurement outside the country, as a result – MFA was not able to purchase the embassy and consulate buildings.

needs to send a request with more than one offer to the MFA. In those cases, MFA gathers an internal committee consisting of three members, which then evaluates and approves or denies the request for purchase. The purchase of diplomatic/consular offices is, primarily, a decision of the Government. After the decision, the Government selects a professional committee responsible for the start

With the changes made to the Law on Public Procurement, MFA can start the procedures for purchasing embassy and consulate buildings, as well as vehicles and other supporting items. In the Draft-Law for the Amendment and Supplementation of the Law on Public Procurement, the Government has not included suggestions given from the Progress Report 2008, because the provisions of the law do not comply with those of the joint EU legislation Three months after the approval of this change in the Public Procurement Law, the Kosovo Government has approved a Draft-Law for the Amendment and Supplementation of the Public Procurement Law. Based on the proposed changes, the MFA and the diplomatic and consular mission heads, or the personnel authorized by them, have the right to sign contracts of high and low value. If the Embassy or the Consulate of Kosovo needs to purchase vehicles, it

of negotiations with the subject selling the property (item). Real estate and other purchased property of the diplomatic and consular missions is a property of the Republic of Kosovo. The Ministry of Foreign Affairs keeps track of all the estate and property of the diplomatic/consular missions. When it comes to the Embassies and Consulates, the newly approved changes will allow for different and non-traditional procedures to be applied. While purchasing inside the

Kosovo territory, the contract negotiations and approvals are done by the certified legislative officials of each of the budgetary agency, the contract negotiations and approvals in the foreign missions are done by the head of the diplomatic or consular mission him/herself. Since in this case, the legislative procedures are different, the auditory procedures will be different too. The Law for the Creation of the General Audit Office and the Kosovo Audit Office does not include the audit of the Embassies and Consulates. However, it is understood that these budgetary units will be also audited since the General Audit Office audits all the agencies financed through the budget of the Republic of Kosovo. The General Audit Office Chief announced that the Embassy and Consulate audit will be a part of the MFA audit report. When talking about the Public Procurement Law, it needs to be said that in the European Commission’s 2008 Kosovo Progress Report, it is noted that the Public Procurement Law is not concurrent with the standards of joint EU legislations. The Government did not find that making this law compatible with the EU one was necessary, even-though this was requested by the Kosovo Assembly’s Action Plan for the challenges of EC 2008 Kosovo Progress Report.

9


Administrations of three Ministries undergo Reforms

T

10

he Government of Kosovo has the umbrella of the Ministry of Public of the MPA. Along with reforms in taken another step towards the Services. the MPS, reforms are also foreseen reform of the public administration. Within six months of approving within MIA. After the May 2009 approval of the this decision, the Government will MIA will have to establish the Draft-Law on Civil Service and the make a number of reforms. The Min- Civil Registration Agency, an agency Draft-Law on the Civil Servant Sala- istry of Public Services will become which will offer all the services to the ries, which now intends to regulate the Ministry of Public Administration citizens applying for ID cards, passthe functionality of civil service in (MPA). MPA will be responsible for ports, citizenship, civil status docuKosovo, the Government approved the public administration reform pro- ments, driver’s license, and other the decision for the reform of three cess. documents for automobile registraMinistries: the Ministry of Internal Although, until the approval of tion. In this decision, nothing has Affairs (MIA), the Ministry of Public the Regulation for the Organization been said about how the current deServices (MPS), and the Ministry of and Structuring of MPA, this Ministry partments and its documents will be Local Governance Administration will function according to the UNMIK absorbed into the new agency. (MLGA). Nevertheless, in the With all the recent changes, The Government’s de“Analytical Report for the cision over the reforms in Functional Review of MIA”, the Ministry of Public Services these three ministries is in it is said that the Civil Regbecomes Ministry of Public fact an approval of the recistration Agency will be build ommendations that came on the basis of the existing Administration out of the functional review departments of registration process. A year ago, on May 30, 2001/19 Regulation for the Execu- and of those issuing documents. 2008, the Government of Ko- tive Branch of the PISG. The current Also, according to the Decision sovo, with the Decision 04//22, departments and divisions of MPS 04/63, MIA will have to establish a formed the Inter-Ministry will be reconstructed on the basis department for coordinating draftCommittee for the Public of recommendations that came out ing and implementation of policies, Administration Reform, of the functional review. The Ko- as well as monitoring of the Kosovo which in cooperation with sovo Cadastral Agency, which until Police, the Inspectorate of the Kothe FRIDOM project would now has been under the umbrella of sovo Police, and the Kosovo Center be responsible for the func- the MPS will be carried over to the for Education and Development. It is tional review of all the min- Ministry of Environment and Spatial requested that the Firefighter servicistries and come out with Planning. The Central Administra- es be removed from the current lorecommendations regarding tion Department, which has worked cal governance and instead create steps that need to be taken fur- as a branch of MPS, will be com- a unique agency for Firefighters and ther. FRIDOM is the abbreviation for pletely absorbed and its divisions Emergency Services under MIA. Functional Review and Institutional will be rearranged and administrated Among others, MIA will establish the Design of Ministries, a project under directly by the Permanent Secretary Department for Citizenship, Asylum


and Migration. MAPL will begin the preparations and application of the new Strategy for the Development of the Workforce Skills in order to strengthen the ministry capacities. The Decision 04/63 has not considered all the recommendations made by FRIDOM. Although, according to FRIDOM, this is expected to be done gradually and in several stages, knowing that an immediate reform in this sector cannot be expected. The reason behind this is

reorganization of others. Except for the reforms in the administration in the central level, the Government has decided to reform the administrations in the local level of municipalities of Kosovo. On April 10, 2008, The Government of Kosovo has formed an Inter-Ministry group for calculating the number of employees in all the local municipal administrations. This group presented a report over the number of employees that the local

Even-though since September 17, 2008 we’ve had in place the Institutions of the Republic of Kosovo, the executive branch still operates under the Provisional Institutions of Self-Government regulations regarding the executive branch. The Ministry of Public Administration will function in accordance with UNMIK Regulation 2001/19 on the PISG branch that the Kosovo State Administration is also the largest employer in Kosovo, and the new reform calculates a loss of some jobs and the

municipal administrations should have. The report was approved in December with the decision 10/46. According to this decision, the mu-

nicipalities of Kosovo with population over 100,000 (7 municipalities), have the right to hire one civil servant per 750 people. The municipalities with a population of less than 100,000 will have the right to have one civil servant per 620 people. According to this draft, of all 33 existing municipalities, 23 of them will have to hire more staff to fill the requirements, and 10 of them will have to let some staff go. Until now, it’s been noted that it has been more difficult to apply the reforms in the municipalities where staff needs to be let go, than in others where new staff is needed. In the municipalities where laying-off staff is required, this decision has not yet been implemented. It is left to be seen if the decision for reform of the administration of three Ministries will be implemented. FRIDOM will further report on the reforms of the ministry administrations and other central agencies. The Government is expected to bring more such decisions regarding the reform of the central administration.

Hade Property Expropriation Begins

I

n its 66th meeting, the Government of Kosovo has decided to allow Kosovo Energy Corporation (KEC), to claim ownership and compensate for property and estate the inhabitants of Hade village, respectively the Shalaj neighborhood cadastral line, in order to expand the mining of South-East Sibovc. The Government has decided to form a special committee for the implementation of this decision, which will record and calculate the value of the estate. This committee will be made up of the Ministry of Environment and Spatial Planning; Ministry of Economy and Finance; KEC; and Municipality of Kastriot. The expropriated property will become a property of the Government of Kosovo. KEC has announced that it has secured the equipment for the continuation of mining the Southeast Sibovc from the Government.

According to KEC, with the approval of the Property Expropriation Law, requirements to start this process have been fulfilled. The number of properties to be claimed is 81. The total claimed area is 11 hectares and 2,261 square meters, and it includes 73 homes. The cost of property ownership claim is four million Euro, which were secured from the Kosovo budget. On a different note, the Government of Kosovo, with Decision no 4/119 of November 3, 2004, and Decision 02/57 of March 13, 2009 has announced that the New Mining area with an area of 143,254 square meters is a Special Economic Interest Zone. The Interest Zone includes the Municipality of Kastriot, that of Fushe Kosovo, Vushtrri and Drenas. KEC’s request to claim ownership of the property and estate from the inhabitants of the Shala

neighborhood of Hade was approved despite Government’s claims that it will stop expropriations, in order to verify the claims of wrongdoings by the previous government during the claim of ownership from the people of Hade. The Government of Kosovo has never made the wrongdoings discoveries public. After the Government’s decision to restart the claim of ownership, the Ministry of Environment and Spatial Planning has announced that the decision for creation of the committee will be public at the end of this week or in the beginning of the next week, depending on the confirmation of proposed names from other institutions that have been decided according to the Government’s decision.

11


The Government proposes to the Assembly the Heads of the Water, and Sewage Regulatory Office

W

ith Decision 05/63, the Government of Kosovo recommended Raif Preteni as a candidate for Director of the Water, and Sewage Regulatory Office, and Kero Bardhaj as a Deputy Director candidate. In absence of a director, up until now the responsibilities of the head of this office have been claimed by the vice president of this agency – Afrim Lajçi. The Water, and Sewage Regulatory Office (WSRO), was established in 2004, under the UNMIK 2004/04 Regulation over the activities of service providers of water, sewage and waste management. According to this regulation, WSRO is an independent organ with its own director, deputy-director, professional and supporting staff. 12 The director and deputy-director, according to the regulation, are nominated by the SRSG. After the declaration of Kosovo’s Independence, the Ko-

sovo Assembly supported by the legislations drafted by Ahtisaari, swiftly approved the Law 03/L-086, thus amending the UNMIK Regulation and transformed it into a Kosovo state law. According to the Kosovo As-

WSRO, is also authorized to make regulatory decisions.” In the absence of the Director, the Deputy Director takes on the responsibilities of managing WSRO. The governmental recommendations for Director and Deputy Direc-

According to the CVs sent to the Kosovo Assembly, Raif Preteni and Kero Bardhaj are not professionally trained to head the Water, and Sewage Regulatory Office. The current deputy-director, Afrim Lajçi has not been recommended from the Government even-though he is an engineer with 20 years of experience sembly approved Law, WSRO is an independent agency that reports back to the Kosovo Assembly. The Director and Deputy Director are appointed for a term of five years by the Kosovo Assembly after recommendations from the Government. WSRO would be managed by the Director who, according to this law “aside from managing and overseeing the daily functionality of

tor of this office will be reviewed in June by the Assembly Committee on Agriculture, Forestry, Rural Development, Environment and Spatial Planning, which will then present the report over to the Kosovo Assembly. From the candidates’ CVs that we at GAP Institute for Advanced Studies have been able to secure, we could see that before being recommended for this position, Reif


Preteni has worked as a Deputy tion, is a Hydro Engineer with 20 most competent candidates. Chief of the Planning and Analysis years of experience in the field of The Committee has concluded Department in the Kosovo Protec- Hydro-Systems, according to his that the decision for the nomination tion Corps (KPC) HQ, ranked a Col- biography posted on the company’s of the Director and the Deputy Dionel. He held this position for ten website. rector of WSRO needs to be done years. Before that he worked as an The Committee of Agriculture, by the Assembly’s Legal Office. Administration Chief in the Police Forestry, Rural Development, En- The Law does not specify the numService in Peja. He ber of candidates to The Kosovo Assembly has not accepted has graduated with be nominated by the a degree in Law. Government, in order the Government’s decision to only Kero Bardhaj, to have the option nominate two people, one for each also holding a law of choosing the best degree, has initially amongst the candiposition, but has asked for more names worked in the Puband choices. To clear up the situation, an dates. lic Attorney’s Office Even-though, acopinion from the Assembly Legal Office of the Prishtina Recording to the Law, gion, then later in WSRO is an indehas been requested, but the law does the Court of Minor pendent agency that not specify how many candidates the Offences in Prishtireports only to the na and in the SocialKosovo Assembly, its Government should nominate ly-Owned Company independent status is “Kosova Hidroteknika” as an acting vironmental and Spatial Planning still unclear. The Law requires that General Director. He also worked at has asked that it be the body inter- WSRO be financially independent “Unikosprojekt” as a Deputy Direc- viewing the candidates in one of its and the income be generated from tor, a company where he currently meetings. Some of the members of the licensing tax, but up to the end works as a Director – after the com- the Committee have voiced doubts of 2008 the WSRO budget was set pany became privately-owned. that the decision of the Government by the Government, something that On the other hand, Afrim Lajçi, is not based on the Law, because is in utter disharmony with the regacting Director of the WSRO, who only two names had been sent for ulations concerning independent is not recommended as a potential approval, thus not leaving options regulatory offices. candidate for the director’s posi- for selection of the best and the

The Government allows the Ministry of Agriculture to reroute 372,000 Euros

I

n their 66th meeting, held on May 29, 2009, the Government of Kosovo decided to transfer € 372,000 from the Ministry of Agriculture, Forestry and Rural Development. This is a transfer taking place within the Ministry, from the capital

funds would enable subvention of farmers. While they have not clarified why the funds have been registered as destined for capital projects, they have announced that they have asked MEF to carry the funds over to a new budgetary line

The farmers get the first share of the subvention of € 1.5 million. The transfer of such a sum from the program of capital investments to the program of subventions and transfers, shows poor budget planning by the Ministry of Agriculture program projects of the Department of Stockbreeding Production in the subvention and transfers category. The Ministry of Agriculture officials have announced that these

– that of subvention and transfers, in order to make the transfer to the farmers possible. Subventions, like this Ministry announced, will be given to the

farmers according to the number of livestock they own. The total sum that the Ministry plans to give to the farmers, during this year is € 1.5 million. According to the Ministry of Agriculture officials, the transfer of the total sum has not taken place because of legal restrictions – the law does not allow for more than 25% of the funds to be transferred with a single governmental deci13 sion. The remaining part of the funds will be transferred during this year. Such a transfer of funds from the capital investment program to the subvention and transfer program shows a lack of good budget management from the Ministry of Agriculture.


Harilaq of Fushë Kosovë Designated as a Landfill for Waste and Toxic Waste

I

14

n its 66th meeting, held on May 29, 2009, the Government of Kosovo has made Harilaq of Fushë Kosovë designated landfill for waste and toxic waste. The waste will be dumped on 9 state owned properties. In the meantime, while the Government of Kosovo claims that this is the safest place to be designated as a landfill and as such it causes no potential risk for the citizens, Fushë Kosovë officials, where the landfill will be, have claimed to have not been properly notified about this decision. Kosovo doesn’t have a system for the management of waste and toxic waste. Up until now, the waste has been managed by private companies, which as a part of their activities have contributed in producing this waste and toxic waste. Based on the evaluation of the Government of Kosovo, the waste has been

dumped improperly, and even in cases of institutional management they have been poorly managed. The Ministry of Environment and

building a warehouse-type structure where toxic waste might be temporarily kept. This recommendation has been approved by

According to the Government of Kosovo, this provides the safest place for a landfill - farthest from residential areas. However, the Municipal officials have asked to be informed about the meaning of the phrase “toxic waste”, since, according to them, it is possible they will face citizens’ complaints on the issue Spatial Planning started working on specifying these designations in 2007, starting from the Kosovo Plan for Environmental Action for 2004-2010. Until now, the Government has picked the location for dumping waste and has drafted projects for the creation of an infrastructure for this landfill. The group in charge of the Ministry has recommended Kodra e Goleshit as the best place for

the Ministry for Environment and Spatial Planning in order to, later on, make possible the finalization of the Evaluative Study of Health Risks of this project. The alternative location which was proposed by the working group for containing waste was a barrack in Llukar. However, the group had decided that in order to have a greater level of protection from the possible negative environ-


mental effects from toxic waste, it would be better if the landfill would be placed in Kodra e Goleshit. “In the designated location, toxic waste, according to the Spatial Ministry, would be kept in highly controlled conditions and would be administered in a safer manner, with a possibility to classify the waste and place it in different dumps according to its properties. The chosen location offers the possibility for the structures for the containment of toxic waste of specific qualities to be built within appropriate distances from one another”, further explains the MESP report. This Ministry has announced that this zone is separated from inhabited grounds – in the south-

west, there are hills; in the northeast, there are a few houses 1500 – 2000 meters away; east from it, in a distance of 3 kilometers is the village of Harilaq and north from there is the road. The closest towns are located in a distance of 3 kilometers. Sllatinë village is located about 3.5 kilometers from this location. The landfill has an area of 40 hectares. The Ministry has brought to attention that a number of investments are needed in order to use this location, such as marking the borders and the rehabilitation of internal roads. Fushë Kosovë Municipal officials, where the landfill is expected to be, have announced that they

have not been appropriately notified about this decision. They have said that they, at least, have the right to be informed about waste dumping in their Municipality. “The decision has come from the Government of Kosovo. We have not been informed from the Government or the Prime Minister’s cabinet. We don’t know what the risks for our citizens are, eventhough we’ve secured some paperwork that should contain that information”, Ali Topalli, Spokesperson for the Fushë Kosovë Municipality said. According to him, this Municipality will require to be informed about what is meant with “toxic waste” since, according to him, this will likely bring in complaints from the citizens.

Family of the National Fallen Hero Sami Rama are given 7,000 Euros of Aid

S

ince the beginning of the mandate of the Government, the Kosovo Prime Minister had made it clear that he wanted to help the parties affected by the war: families of the fallen, KLA war-disabled individuals, and war veterans. For this purpose, he established a specific office under the supervision of the Office of the Prime

In September 2008, with decision 03/34, the Government of Kosovo gave 150,000 Euro to the same society for the purchase of prosthesis for its members. In January 2009, the Government set aside 20,000 Euro for renovating the house of Hasan Ramadani, a fallen hero. In February 2009, the Government, again gave 343,510 Euro to

All the Government’s decisions for setting aside funds for helping the victims of war, come as an ad-hoc result of requests made by post-war organizations and as a lack of a strategy by the Government. These funds are allocated from the “Unpredicted Governmental Reserves Minister. Since January 2008, the Kosovo Government has made six different rulings for the disbursement of funds helping parties affected by the war. In May 2008, with decision 10/22, the Government of Kosovo gave 153,000 Euro to the KLA War Society for the Disabled, for the rehabilitation of 800 disabled KLA war veterans and 200 family members of the fallen.

the KLA War Society for the Disabled for the purchase of prosthesis for its members. In April, 30,000 Euro were designated for the erection of a statue of the fallen hero, General Adrian Krasniqi, in Peja. In addition, there was this month’s decision to give 7,000 Euro to the family of the fallen hero, Sami Rama. The sum of these funds is

703.510 Euro. However, the Government of Kosovo has yet 15 to develop a strategy or a Action Plan on how to deal with the problems that the parties affected by the war are facing. All the above mentioned decisions by the Government have been made as a response to requests made by the post war organizations and not as a legitimate plan of the Government. All of these funds have come from the “Government’s Unpredicted Reserves.” In 2006, the Kosovo Assembly has approved a Law on the Status and the Rights of the Families of the Fallen, Disabled, Veterans and Members of KLA as well as the Families of Civil Casualties of the War. This law specifies the aid and pensions designated to parties affected by the war. However, these parties are not satisfied with the assistance received from the Government, and many times over, they have protested, asking the Government to increase the assistance for the affected categories.


Draft-Law on Protection Against Air Pollution Approved

Q

evejtjen a ajrit nga ndotja. Projek The Government of Kosovo has approved the Draft-Law on Protection Against Air Pollution. Kosovo has such a law – Law no. 2004/30 since 2004. However, the Government has now decided to replace the existing law with a new one, claiming that the existing law does not fully comply with the European Union’s conditions over air pollution. The new Draft-Law differs about 60% from the current one. This is the reason why this law is considered to be new and not an

factors, like: setting a limit for the amount of emissions, the norms for emissions by moving sources, emissions of greenhouse gases, etc., be dealt with by sublegal acts All of these sublegal acts are supposed to be approved within a period of 18 months, starting from the date the draft-law becomes a law. Aside from these sublegal acts, the law will be also associated with the Strategy for Air Quality and its Action Plan, which would have to be drafted by the Executive and approved by the Kosovo Assembly; as well

Air quality monitoring would be done by the Ministry of Environmental and Spatial Planning. The Draft-Law has also set the fines for individuals and legal entities not abiding by the law – between 300 and 100,000 Euro.

16

amendment or supplementation to the existing one. It contains a lot more volume than the existing one. However, a lot of issues are intentionally left out, to be regulated by sublegal acts – on 15 clauses of the law is said that further explanation will be made through sublegal acts. According to the Draft-Law, the causes for air pollution are: 1. Nonmoving sources (technological plants, technological process equipment, surface mining, etc); 2. Moving polluting sources; 3. Small polluting sources (fuel warehouses, pollutant leftovers etc.); 4. Diffusive sources, which include equipment, surfaces and other spaces through which pollutants spread freely because of the lack of filters or other collecting measures. It has been decided that the most important air protection

as Municipal Plan for Action, which would have to be approved by each Municipal Assembly. The Strategy for Air Quality would be a separate strategy from the Strategy for Environment Protection, since the current law incorporates the Strategy for Air Quality into the Strategy for Environment Protection. The report on the realization of plans the Strategy for Air Quality is responsible for, will be presented to the Kosovo Assembly, at least once a year. Air quality monitoring would be done by the Ministry of Environmental and Spatial Planning. The Draft-Law has also set the fines for individuals and legal entities not abiding by the law – between 300 and 100,000 Euro. The Environmental Department under the umbrella of MESP has a budget of 2,191,389 Euro.


The Law on Mines and Minerals Approved

T

he Government of Kosovo, in its 66th meeting on May 29, 2009, has approved the Law on Mining and Minerals. Up until now, this field has been regulated with the UNMIK Regulation 2005/3 on Mines and Minerals. On January 21, 2005, UNMIK had announced two important regulations which regulated the field mines and minerals: UNMIK Regulation 2005/2 on the Independent Committee of Mines and Minerals and UNMIK Regulation 2005/3 on Mining and Minerals. The Regulation 2005/2 of ICMM has been changed and supplemented with the Law of the Kosovo Assembly no. 03-L081 for ICMM. The Approval of the Law on Mines

any activities involving research, use and/or manufacturing of the mineral resources, or any other activity without a license released from the ICMM, in accordance with this Law. ICMM will be able to release these licenses: License for Research, License for Keeping the Rights, License for Use, License to Practice Special Activities, License for Craftsmanship Practice, Discretionary License. The Draft-Law defines the meaning of these licenses, time validation for each, renewal methods, individuals and legal entities, who have the right to get licensed, etc. The license for the use of all minerals, except for those that are en-

The license for the use of all minerals, except for the energy sources has been given a maximal time limit of 25 years, which can be extended to another 25 more years. On the other hand, the license for mining energy sources is given for a time-frame of 40 years without the possibility for an extension and Minerals, which would replace UNMIK Regulation 2005/2 and 2005/3 was a request of the European Partnership Action Plan (EPAP) 2008. According to EPAP, this law would’ve had to be approved in the first half of 2008. The Law on Mines and Minerals has 88 articles. The Law aims at the promotion of research, mining and enrichment of minerals, as well as the regulation of gathering, managing and the archiving of the Geoscientific data for the good of the Republic of Kosovo. The law specifies the method of mineral use in Kosovo, while also specifying methods and procedures of getting permissions from the ICMM. According to the Law nobody would be able to practice

ergy sources, is given with a maximum validation time of 25 years and can be renewed for another 25 years after that. On the other hand, the license for energy producing minerals is released with 40 years time validation without a possibility of renewal. The Law also defines the income from duties and taxes. The Ministry of Energy and Mining and the Ministry of Economy and Finance, after consulting and consid17 ering the perspective of ICMM and other interested parties, including existing carriers of licenses or their representatives, together prepare and draft a proposal list of taxes that license carriers need to pay for exercising licensed activities for the mineral resource use in


Kosovo. The above mentioned draftproposal will define in detail the formulas to be used for the calculation of tax sums. After the list would be prepared by the two appropriate Ministries, they will together hand it to the Government for approval. After the approval, the Government would send the list over for approval by the Kosovo Assembly. With the approval of the Law on Mines and Minerals the creation of Inspectorate of Mines and Geological Services of Kosovo is anticipated. The Mines Inspectorate will function under the umbrella of ICMM. No additional funds are needed to insure its functionality. However, the Kosovo Geological Service will function under the Ministry of Energy and Mines. The creation of Kosovo Geological Service will require additional budgetary funds of € 102,321 per year.

An important document in this field, besides the Law on Mines and Minerals, is also the Mining Strategy, which will become a law after its approval by the Kosovo Assembly. The Ministry, in cooperation with ICMM and Kosovo Geological Service, will prepare and send a Mining Draft-Strategy for approval by the Government. This Draft-Strategy lays out the projections and an implementation plan recommended by the Ministry for coordinated and sustainable research of mineral resources in Kosovo, taking under consideration the characteristics and specific conditions for each region, repositories for specific mineral resources, and the conditions for research and commercial and industrial use. During the preparation of the development of spatial and urban planning, all public authorities should

completely consider and act in accordance with the Mining Strategy approved by the Kosovo Assembly. The Mining Strategy has the advantage over any other spatial or urban planning that is not in accordance with it. During the period prior to the approval of the Mining Strategy by the Kosovo Assembly, no public authority would be able to approve or implement a spatial or urban plan without having an approval from the Government. Before giving this approval, the Government should consult the Ministry. The Government should give the approval unless the Ministry can provide a written explanation, clearly explaining that the execution of such a plan would considerably compromise the coordinated sustainable research of mineral resources in Kosovo.

Licensing Student-Biologists Allowed

A

ccording to the 2nd Article of the Administrative Instruction no.10/2003 for the Registration and Licensing of Health Professionals, the following categories of health workers had the right to get licensed: medical doctors, dentists, masters of pharmacy, specialists of the above professions, graduated nurses, graduated physiotherapists, graduated gynecological nurses, clinical psychologists, other nurses and health technicians from the Official Registry of the Ministry of Health Board. Nowhere in this Administrative Instruction was mentioned the licensing of graduated students of applied fields, such as Biology/Biochemistry-Physiology. After this, the academic staff and the students of Applied Biology and Biochemistry-Physiology, protested against this instruction. To solve this problem, the University of Prishtina Senate sent a request to the then 18 Prime Minister of Kosovo, Agim Çeku. After that, the Government of Kosovo confirmed a five-member committee made up of representatives of the Office of the Prime Minister, MEST, MH, and the

Prishtina University Departments of Natural-Mathematic Sciences and Medicine. However, because of the parliamentary elections and the creation of the new government, the work of this committee brought no results. Once the new government started functioning, Rector Enver Hasani turned to them once more with a request to solve this problem. The Government of Kosovo, on June 12, 2008, formed a professional committee, which would evaluate the teaching methods in this field as well as finding the licensing possibilities. The Committee was made-up of five members amongst whom were representatives of the Office of the Prime Minister, MEST, MH, and the Prishtina University Departments of Natural-Mathematic Sciences and Medicine. A year after this governmental decision, the committee has presented one proposal to the Government. The committee’s proposal was approved with the Decision 02/63 of May 7, 2009. According to the proposal of the Professional Committee, studentbiologists from the fields of Applied Biology (biology engineer) and Biochemistry-Physiology (Master’s level), are allowed licensing based

on the Law on Health. After being licensed, the students who graduated from the above mentioned fields will hold the title of Expert Medical Laboratory Technician, while the ones holding a Bachelor’s degree will hold the title of Medical Laboratory Technician. The licensing would take place only after certain standards are met. Within three months after the approval of this decision, the University of Prishtina will draft a new curriculum for students of these fields of Biology, adding new medical courses. Aside from this, the graduates need to do a 6 month internship in the appropriate medical facilities. The Ministry of Health is obligated to officially notify the medical institutions that the licensed candidates, based on this decision, should be treated as equal to the rest of the medical professionals. This new field of the Department of Biology has been offered since 1996-1997. The students and doctors have always been opposed to the idea of licensing biology students, claiming that the licensing would make them equal while the curriculum of study is not.


Government Seeks Reversal of the Lipjan Municipality Decision – the Municipal Institution will not Consider it

I

n the beginning of May 2009, the President of Lipjan Municipality decided that the taxi drivers not registered with the Lipjan Municipality have no right of transporting people from the Prishtina International Airport (PIA), claiming that the airport is located in its municipal territory. This decision by the President of the Lipjan Municipality sparked a revolt amongst the taxi drivers from Prishtina and Fushë Kosovë.

port issue is a competency of Municipalities, which is recognized by the Law on Local Self-Governance, precisely Article 17.f., as well as by the Law on Ground Transportation – Article 6, which says that “a Municipality decides on the development policies of safe and effective services within the its borders”, and Article 19.2, which says that “the Municipality is responsible for order and coordination of regular urban transport via

The request for the reversal of the decision is not based on a clear legal ruling. On the other hand, the Lipjan Municipality decision is based on the Law on Local Self-Governance and the Law on Ground Transport Until now, the right to operate at the PIA held taxi operators from Prishtina and Fushë Kosovë, according to an agreement reached in 2004 between these municipalities and the Ministry of Transport and Post-Telecommunication (MTPT). However, this time, MTPT has announced that it will not get in the middle of this and will not request a review of the decision taken by the President Shukri Buja. The regulation of the local trans-

buses and taxis.” A month after the decision made by the President of Lipjan Municipality, the Government of Kosovo, on May 8, makes a decision, asking the Municipality of Lipjan to cancel the decision for the taxi operation in the PIA. According to its Spokesperson, the Lipjan Municipality will not carry on the Government’s decision, since that decision does not obligate them in any way. The Government’s decision does not cancel out the Munici-

pal Decision, it only asks from the latter that they make a decision to cancel the decision themselves. Before the approval of 19 this decision, the Local Governance Minister has also sent a letter to the Lipjan Municipal Assembly, in order to discuss the decision pertaining to taxi operators. With this decision, the Government of Kosovo has not given reasons which explain the legal basis for the central government to ask for the cancellation of a decision at the local level, neither does the Government of Kosovo give reasons explaining how, if at all, the Lipjan Municipal Assembly and its President have broken the law when making this decision. The Lipjan Municipality, however, stands in a favorable position, having the Local Governance Law and Ground Transportation Law provisions on its side. Aside from the taxi operator decision, in April, the Lipjan Municipality has also made a decision to raise taxes for the commuter transportation companies from €7,000 to €20,000. The Government, as opposed to the taxi operator decision, did not say anything about this one.


The Draft-Law on Bestowing Presidential Decorations is Approved

A

20

ccording to the Republic of Kosovo Constitution, one of the constitutional duties of the President is the bestowing of Decorations, Recognitions, and Prizes. This was a right enjoyed by the President even through the Constitutional Frame for Temporary Self-Governance in Kosovo. Now, this right will also be regulated by a separate law. The Government of Kosovo has approved a Draft-Law for Bestowing Decorations from the President of the Republic of Kosovo. According to this law, the President has the right to give 17 different types of decorations: The Order of National Hero; The Gold Medal of Freedom; The Gold Medal of Independence; The Gold Medal of the Prizren League; The Gold Medal – Freedom Fighter Adem Jashari; The Gold Medal for Peace, Democracy and Tolerance Dr. Ibrahim Rugova; Humanitarian

Medal Mother Theresa; The Medal of Peace and Forgiveness Anton Çetta; Title Artist of Merit; The Army Medal for Service in Kosovo; The Decoration Honorary Citizen of Kosovo; The Decoration Crystala Dardanica; The Presidential Prize “E” for Business and Export Services; The Presidential Prize for Security; The Presidential Prize for Researchers; Honorary Ambassador of Kosovo; The Presidential Trophy for High Achievements in Sport. On the Official Website of the President of Kosovo, there are 25 types of Decorations listed. The Draft-Law has left our 8 types of decorations: National Ambassador of Kosovo; Teacher of Merit Medal; Kosovo Citizen of Merit Medal; Presidential Prize for Innovation, Research and Developments; The Civil Medal for Service in Kosovo; Presidential Medal of Merits; Presidential Prize for Management Quality and Ability; Presidential Prize for Success and Production in Business; Presiden-

tial Prize for Environmental Merits. The draft-Law also sets the rules about whose right is to nominate one for a decoration and the ones where the President takes the selfinitiative to decorate various personalities. The President specifies an evaluating committee for bestowing decorations. The Draft-Law also projects the creation of an Archive for Decorations. The draft, which has been sent to the Kosovo Assembly for approval does not include a design for the decorations, and neither does it mention the procedures of how the decorations and medals design will be regulated in the future. Some of the decorations and medals also have specific logo as you should be able to see from the above photos. For the period July 2009 – 2011, the Law for Bestowing Decorations from the President will have a budget cost of € 510,000 (€ 150,000 for 2009 and € 180,000 for each of the coming years).


The Personal Income Tax Draft-Law is Approved

O

nly five months after the beginning of the implementation of the Personal Income Tax Law, the Government of Kosovo has approved another draft-law to replace it. The income tax issue has been regulated through a number of UNMIK regulations since 2002. Since then, different norms have been applied from one year to another (UNMIK Regulations 2002/4, 2003/3, 2004/52, 2007/23). Until January 2009, before the approval of the Personal Income Tax Law by the Kosovo Assembly, the personal income tax norm was regulated as follows: For taxable income of € 960 or less, 0%; for taxable income between € 960 and € 3000, 5%; for taxable income between € 3000 and € 5400, € 102 plus 10% of the sum above € 3000; for taxable income over € 5400, € 342 plus 20% of the sum above € 5400 (the sums and calculations are based on annual income). The Kosovo Assembly Law over Personal Income Tax has changed these brackets as follows: the tax norm of 0% stayed the same for income up to € 960; for income between € 960 and € 3000 the tax dropped a percentage point to 4% of the sum over € 960; for income between € 3000 and € 5400

the tax dropped by two percentage points to € 81.6 plus 8% of the sum above € 3000; and for income over € 5400 the tax dropped by half to € 273.6 plus 10% of the sum above € 5400. The new law was favorable to the persons making more than € 5400. Aside from that, the legislation signed into law on January 1, 2009, has not brought any other significant change from the UNMIK regulations. The new Law, approved by the Government in May, keeps these tax norms unchanged. The new draft-law, amongst others, aims at the elimination of flaws from the current law on personal income, in which case businesses have had a different treatment from that of the norms set for corporate income. The Draft-Law on Personal Income Tax will be even more advanced in some aspects dealing with issues of dividends, depreciation, unmanageable debt dispositions and others. The new draft-law aims to put in place an all inclusive tax, thus advancing the tax system creating a more attractive environment for investments, as well as bringing the Kosovo system closer to the more favorable standards and practices of the EU.

Even-though the new draft-law brings about crucial improvements to the current law, a big number of important issues have not been clearly addressed in the law and are being regulated through sublegal acts. The draft-law does not specifically define the obligations of the citizens of Kosovo who receive income from abroad, or the ones who claim temporary residency outside Kosovo. This issue is supposed to be regulated through sublegal acts. The Ministry of Economy and Finance is obligated to draft these sublegal acts that deal with: the profit which comes from items handed down from employer to employee and exceeds the minimal specified sum; the realistic business travel expense compensation; inquires over the unmanageable debt deduction; tax deduction over humanitarian contributions; tax loss, etc. The draft-law has not set out a deadline on how long after the approval of this law MEF needs to draft the sublegal acts. This oversight should not have been allowed by the Kosovo Assembly, especially from the Assembly Committee for Budget and Finance.

Two New Checkpoints on the Border with Albania are Opened

W

ith the summer season coming, the Government of Kosovo has decided to open two new checkpoints on the border with Albania. These two checkpoints will be opened in Glloboqice-Borje and Gorozhub-Pogaj. In this decision, it is not mentioned how long these two new border crossing points will be open. According to the National Strategy of the Republic of Kosovo for Integrated Border Management, approved in April of 2008, the Re-

public of Kosovo has 13 regular border checkpoints and two temporary ones – in Krushqeve and Orqushe. But, according to this Strategy, the Republic of Kosovo, in agreement with relevant neighboring states, can decide on additional border crossing point for these reasons: exercising cultural sportive, religious, scientific, professional, and touristic activities; reacting to natural disasters and emergency cases, implementation of crossborder agreements; exercising agricultural, stock-breeding or other

economical activities. In the Government’s decision to open these two border crossing points, no reasons for doing so are mentioned, and neither is mentioned whether this decision is made in proper agreement with the Government of Albania. The Ministers’ Cabinet of the republic of Albania has not made a similar decision about this issue. The functionality of these two border crossing points requires the involvement of both the Kosovar and Albanian side.

21


Kosovo takes Unilateral Steps Towards the Visa Liberalization Process

W

ith Decision 03/63 on the Approval of the “Roadmap for the Implementation of Criteria for the Visa Liberalization Process Between the Republic of Kosovo and the European Union,” the Government of Kosovo has approved the document prepared by the Ministry of Internal Affairs for starting 22 the application of the criteria and standards, which would open up doors towards the visa liberalization process. The Republic of Kosovo is formally not a part of the visa liberalization process for political reasons, because five EU member states have not yet recognized its independence. Although Kosovo is not a part of the agreement with the European Commission for Re-Admission and Visa Relief, MIA has announced that this document will serve for the fulfillment of the technical criteria of the pre-admission, so that once the conditions are met, the country would be ready to be a part of the agreements with the EU. “Keeping in mind that all the Western Balkan states have initiated or even are finalizing the preparations for the visa liberalization agreement, the Republic of Kosovo would like to move forward towards visa liberalization by fulfilling all the criteria for

this process,” is said on this Roadmap. MIA has said that by not allowing Kosovo to have a defined Roadmap for the visa liberalization, “The European Commission risks the isolation of Kosovo, something that would endanger and destabilize further Kosovo and the region.” Four issues in focus during the dialogue for the visa liberalization are: document security, illegal migration, public order and security, and the issues of foreign agreements associated with the movement of people. Up until now, the European community has finished visa liberalization agreements with Albania, Bosnia and Herzegovina, Republic of Macedonia, Montenegro and Serbia. These agreements were signed and approved on January 1, 2009. The Roadmap lists the criteria that Kosovo needs to fulfill in order to start the dialogue for the visa liberalization. They are: document security, actions preventing and addressing illegal migration – also including re-admission, asylum approval policies, migration management, prevention and fight against organized crime, terrorism and corruption, the implementation of the International conventions that deal

with court cooperation in criminal cases, inter-agency partnership for implementation of rule of law, data security, granting the citizens of Kosovo freedom of movement and the protection of the rights of its citizens – including the rights of the minorities. The Roadmap includes the list of actions to be taken from the Republic of Kosovo with the intention of removal of visa requirements. The Republic of Kosovo, as a reference, has noted the low level of refusal, which would have to move towards 3% for visas and 1000 persons per year having been refused entrance in the Schengen zone. MIA officials have announced that the work towards drafting an Action Plan and implementation of this roadmap will begin soon after the completion of the working team with experts on this process. According to the spokesperson for MIA, the team will consist of members nominated by the Government of Kosovo, as well as members nominated by the International Institutions in Kosovo. The Action Plan will be finalized in the third quarter of 2009. The European Commission report which has become public recently, has applauded the progress of all the Western Balkan nations, but with an added dose of affirmation for Macedonia,


Serbia and Montenegro. One of the many criteria that Kosovo needs to fulfill for the visa liberalization process with the EU is the application of electronic passports. MIA has announced that it is searching for consultants, who would study the feasibility of the application of these passports. This study, according to MIA will realistically secure the basis for a smooth transition from the current documents to the ones equipped

with an electronic chip in a timely manner. “After finishing a successful program on the new documents of Kosovo, MIA is getting ready to enter the new era of releasing documents with electronic chips or “e-documents”. Knowing the complexity of this field, the lack of expertise in Kosovo, as well as the fact that even in the European arena these are new technical challenges, a feasibility study is

needed”, Fisnik Rexhepi, spokesman of MIA, said. MIA is also in the process of installing a new program for gathering and analyzing of biometric data. The releasing of biometric documents, according to this Ministry, is expected to begin in the first half of 2010. On the other hand, the cost of the production of current passports was 1.5 million Euro for the 600,000 passports released to date.

The Parameters upon which the European Commission proposes the liberalization or non-liberalization of visas for a certain country: I. Re-Admission and visa relief - The agreement for visa re-admission. - The agreement for visa relief. II. Documentation Security, Illegal Migration, Public Order and Security, and Foreign Connections. Block 1: Documentation security 1.1 The release of biometric passports in accordance with the ICAO and EC standards. 1.2 The security of the integration and the security of the personalization and distribution process. 1.3 Offering trainings against corruption and ethical codes for the officials (passports, visas). 1.4 Reporting lost and stolen passports to the Interpol/LASP database. 1.5 Offering high security measures for the identification documents, as well as the procedures for obtaining these documents. Block 2: Illegal Migration, including Re-Admission 2.1.1 Adoption and implementation of the respective law in persons’ movements beyond borders, and law for the border patrol in accordance with the International Strategy for the Border Management Integration, 2007. 2.1.2 Undertaking respective budgetary measures and others as needed, in order to secure the efficiency of the infrastructure, equipment and the informative systems in border check-points. 2.1.3 Offering training against corruption and the ethical codes of the officials (border management). 2.1.4 Finalize the working agreements with FRONTEX. 2.2.1 Adoption and implementation of the Law on Transport Agency Responsibilities. 2.3.1 Adoption and implementation of the Law on Asylum Seekers in full accordance with International standards. 2.3.2 Offering adequate infrastructure (asylum-seeker centers) & strengthening of the body responsible for the required procedures of the asylum-seekers. 2.4.1 Monitoring of the migration (including the migrating profiles), creating a competent body. 2.4.2 Implementation of International Migration Strategy 2005 and an Action Plan. 2.4.3 Development of ground coverage, improvement of prosecution capacities of illegal and organized migration 2.4.4 Adoption and implementation of Law on Admission and Granting a Right to Stay to Foreign Citizens. 2.4.5 Secure deportation of foreign citizens staying in the country illegally.

23


Block 3: Public Order and Security 3.1.1 Adoption and implementation of a strategy for fighting organized crime (especially those in cross-border aspects) while creating and implementing an Action Plan. 3.1.2 Adoption and implementation of a Strategy and an Action Plan for fighting human trafficking. 3.1.3 Adoption and implementation of a strategy for fighting money-laundering and financing terrorism, as well as the implementation of the respective Law on Confiscation of Assets of Criminals. 3.1.4 The National Strategy Implementation and an Action Plan for Narcotics 2004-2010, availability of information for drug confiscation and the persons involved as well as the development of cooperation with the appropriate International organizations. 3.1.5 National Strategy Against Corruption implementation, the creation and implementation of an Action Plan against corruption, as well as additional measures. 3.1.6 The implementation of proper conventions for the UN and the EU, as well as the implementation of GRECO recommendations in the above mentioned fields in the war against terrorism. 3.2.1 International conventions implementation in the fields of court cooperation for criminal issues. 3.2.2 Improvement of court cooperation for criminal issues with EU states and regional ones. 3.2.3 Working relationship development with Eurojust. 3.3.1 Improvement of cooperation in the field of law implementation between appropriate national agencies. 3.3.2 Building cooperation mechanisms for information trade amongst national agencies. 3.3.3 Cooperation improvement in the field of law implementation and information trade with EU member states. 3.3.4 Operational and juristic capacity improvement of law implementation services for dealing with cross-border crimes. 3.3.5 Preparation for finalizing the agreement of operational cooperation with Europol. 3.4.1 Implementation of the Personal Data Protection Law (March 2008) – creation of supervising authority. 3.4.2 Signage, ratification, and implementation of international conventions for personal data protection. Block 4: Foreign Connections and Basic Rights 4.1.1 Guaranteeing citizens the freedom of movement without discrimination. 4.2.1 Guaranteeing access to identification and travel documents to all the citizens. 4.2.2 Guaranteeing access to identification documents for refugees. 4.3.1 Creation and implementation of a law against discrimination. 4.3.2 Specifying the conditions and circumstances for adopting Albanian citizenship. 4.3.3 Guaranteeing prosecution of ethnically motivated incidents in the freedom of movement sense. 4.3.4 Guaranteeing the supervision of Constitutional dispositions for the protection of minorities. 4.3.5 Implementation of appropriate policies for minorities, including the Roma. Final Notes

24

- Norms for visa refusal and norms for entry denial. - Implementation of joined EU actions for travel restrictions.


The “Diaspora” Program mobilizes the Ministry of Internal Affairs

T

he Government of Kosovo has once again taken steps towards providing the Diaspora and all other citizens with ID cards and travel documents during the summer season. This mobilization is called the “Diaspora” Program. For this purpose, two decisions have been reached in the 66th meeting of the Government: Decision 05/66, approving hiring of interns and Decision 17/66, approving longer working hours for the employees of MIA. In order to implement the “Diaspora” Program, 485 MIA employees would work with an extended working schedule for three months. Starting on

June 1 through August 31, the Department of Document Production (176 employees), the Department of Registration and Civil Standing (240 employees) and the Department of Automotive Driver’s License Registration (69 employee), would work for 11 hours per weekday, and 8 hours on Saturday. As restitution, they would get an additional € 200 per month as overtime. For three months, the state budget would set aside € 291,000 for overtime. This program has also been implemented in 2008, when starting July 1, 2008 through February 28, 2009, 406 MIA employees have worked the same long shifts. With that being the case, it was still im-

the es, l l d a r issu ur a re o To onito h all visit: P M er wit ions, A rg t G eth o a . c i p a tog publ g ti er u t h i t o st

n

w

.i w w

possible to avoid the long lines at the Municipal Buildings, facing our Diaspora with different problems. However, this year, aside from the extended working hours, interns would be hired to help the MIA employees. According to MIA officials, the interns would be Law students. For this purpose, on June 18, MIA and the College of Law were planned to sign an agreement for the involvement of 65 students as paid interns. Thirty-five students from Electro-Engineering Prishtina University Department would also be hired. The interns would be paid € 100 per month for a period of three months.

From now, on, you can read about the implementation of previous months’ decisions at our website: www. institutigap. org

gap monitor no. 5, May 2009

SUMMARY

of Kosovo Government Decisions

In May of 2009, the Government of Kosovo has held four meetings. In its 65th meeting, no ruling was made. Below, we list all the rulings made by the Government in May 2009, in chronological form. 1. Decisions Made in the 63rd Kosovo Government’s Meeting, held on May 7, 2009: 1.1 Decision 02/63 showing support by the Government of the Republic of Kosovo towards the Governmental Committee’s proposal over licensing biology students 1.2 Decision 03/63 over the Approval of the Roadmap for the Implementation of Criteria for the Process of Visa Liberalization between the Republic of Kosovo and the European Union. 1.3 Decision 04/63 over the approval of recommendations that came from the review process of FRIDOM Project (Functional Review and Institutional Organization of Ministries). 1.4 Decision 05/63, the Government of Kosovo proposes the candidates for Director and Deputy- Director of the Office of Ordinance, Water Supply and Waste Management to the Assembly. 1.5 Decision 06/63 for allocating 7,000 Euros as aid to the family of the fallen hero, Sami Rama. 1.6 Decision 07/63, the maximum level of disbursement of funds is set, for “The Brain Fund” scheme, which was approved with decision 02/48 on December 24, 2008. 2. Decisions from the 64th Kosovo Government Meeting, held on May 8, 2009: 2.1 Decision 01/64, The Municipality of Lipjan is asked to cancel out a decision over taxi operators’ right to work in the Prishtina International Airport. 3. Decisions from the 66th Government of Kosovo Meeting, held on May 29, 2009: 3.1 Decision 02/66 for the approval of re-routing 372,000 Euros from the Ministry of Agriculture, Forestry and Rural Development. 3.2 Decision 03/66, initiating procedures for the drafting of the National Strategy for Collection of Illegal Weapons. 3.3 Decision 04/66 initiating procedures for the drafting of the National Strategy and a Action Plan for the Prevention and Elimination of Crime. 3.4 Decision 05/66 allows hiring of paid interns in order to increase the capacity in the local Civil Registration centers and in the Department of Document Production. 3.5 Decision 06/66, for the opening of two temporary border-crossing points between Kosovo and Albania. 3.6 Decision 07/66, the location for dumping and managing of waste and toxic waste is set to be in the Fushe Kosovo Municipality – the cadastral zone of Harilaq; state property cadastral zone no.5, 7, 10, 11, 12, 13, 15, 22 and 24 – ownership certificate no. 149. 3.7 Decision 08/66, the Kosovo Energy Corporation is allowed to claim ownership upon property and compensate the same to the inhabitants of Hade village, specifically the cadastral zone of Shalaj neighborhood, according to the expansion-development strategy of the South-East Sibovc Mining, based on the parcel table presented in the annex, attached to this ruling. 3.8 Decision 09/66 over the approval of Administrative Regulation for the Amendment of Administrative Regulation 18/2005 for the Veterinary Control of Imports, Transit Passing of Food and Non-Food Products of Animal Origin, as well as the Animal Fertilization Substances. 3.9 Decision 10/66 over the Approval of Draft-Law on Decorations Bestowed by the President. 3.10 Decision 11/66 over Approval of a Draft-Law on the Amendment and Supplementation of Tobacco Law no. 02/L-36. 3.11 Decision 12/66 over the Approval of the Draft-Law on Mines and Minerals. 3.12 Decision 13/66 over the Approval of the Draft-Law on the Amendment and Supplementation of Law no. 02/L-99 on Public Procurement in Kosovo, no. 2003/17. 3.13 Decision 14/66 over the Approval of a Draft-Law on Corporate Income Tax. 3.14 Decision 15/66 over the Approval of a Draft-Law on Personal Income Tax. 3.15 Decision 17/66 over the Approval of a Draft-Law Against Air Pollution. 3.16 Decision 17/66 over the Approval of a Plan of the Ministry of Internal Affairs for extension of the weekday working schedule to 11 hours and an additional 8 hours on Saturdays in the Department for Production of Travel Documents, Department of Civil Standing and Registration, Department of Motor-Vehicle and Driver’s License Registration, in order to successfully implement the “Diaspora” Program.

GAP Monitor is a monthly publication by GAP Institute for Advanced Studies. This issue was prepared by: Agron Demi, [email protected]; Rudina Heroi, [email protected]; Antigona Berisha, [email protected], Florina Hajdini and Kreshnik Berisha, [email protected]. GAP Institute is a Kosovar Think Tank that works in bridging the gap between Kosovo citizens and governance toward advancing the Kosovar society. Rr. Nëna Terezë 41/29, 10000 Prishtinë, Kosovë │ +381 38 224 145 │ [email protected] │ www.gapinstitute.org

20 strategies initiated during this term, while implementation ...

20 strategies initiated during this term, while implementation ...

Suggest Documents

Comprehension strategies while reading expository

This research was initiated while all of the authors were ... - Ethics CORE

While this personal encounter

Ovarian follicular development is initiated during the

Strategies for Dealing with Drift during Implementation of ERP Systems

Implementation Strategies of Knowledge

Implementation Strategies of Knowledge

Ventilation Strategies during Neonatal

20% Discount with this flyer

Strategies to facilitate implementation and

VoIP Implementation Strategies - Google Sites

Family Navigation Implementation Strategies - amchp

Implementation and Short-Term Impacts

Session 4: System Implementation Strategies

Implementation of a GMPLS-based Network with End Host Initiated ...

Long-Term Trading Strategies - Oscogen

Strategies for Long-Term Growth

Design and Implementation of Sender Initiated Congestion Control

Evaluating the implementation of nurse-initiated HIV rapid testing in ...

20/20 & Long-term Solutions to Violence - cloudfront.net

5/20 #P 1. Sweepstakes: 5/20 #PatsHatFriday Sweepstakes (this ...

While

Specific features of ion-initiated processes during pulsed laser ...

Efficacy of a Doxycycline Treatment Regimen Initiated during Three ...