What will be discussed in Vienna (Express, Kosovo dailynewspapers)

 What will be discussed in Vienna (Express)



Along with a paper, Express carried a document that the Daily claims UN Status Envoy, Martti Ahtisaari, sent out to the Kosovo Negotiations Team. The paper writes that the meeting in Vienna, within the framework of decentralization, will also deal with issues like healthcare, education, social welfare, culture, police, justice and public services.

Express says the document prepared by Ahtisaari’s team shows a quite different approach to decentralization compared to the stances coming from Pristina and Belgrade Teams who concentrate more on territorial and political aspects.



1.      Health

Current situation: The PISG Ministry of Health is responsible for policy-making, development and implementation of health strategies, and provision of secondary and tertiary health services. The health directorates in municipalities are responsible for defining the budget for, and implementation of primary health care (PHC) as well as supply management in health facilities. At the end of 2004, the PISG public health system has one university hospital, five regional hospitals, three other hospitals /clinics, 10 TB dispensaries, five health institutions, six community mental centres all run by central level, and 365 PHC facilities run by municipalities.



Ministry of public services sets the staff ceilings for all health facilities while staff management on the PHC level, including hiring is the responsibility of the Ministry of Health and municipality directorates. Kosovo Serbs enclaves manage their own PHC facilities and a hospital in Northern Mitrovica, with financing from Serbian Government and only very limited degree of collaboration with PISG structures.



Ground to be explored: Optional secondary health care in municipal responsibility as long as certain preconditions are fulfilled (extensive catchments are, some degree of use to capacity, profitability). Responsibility for supply management and staff reside with the municipalities (to the extent of the municipalities have functional competencies and within the context of overall policy responsibility of the Ministry of Health and existing KCB budget envelope).



With secondary health care as a voluntary municipal function (possibly by encouraging inter-municipal cooperation) potential drawbacks are to be considered, particularly financial aspects since voluntary functions are usually not reflected in the grant system.



A different approach could be to provide by law that secondary health care shall be delegated to municipalities (or inter-municipal bodies) which fulfil certain conditions. In this case the existing structures will be managed by the concerned municipalities. Delegation will guarantee the right of the Government to exert ultimate control (via a super visionary mechanism), but will also oblige it to transfer the resources necessary.



2.      Education

Current situation: Kosovo currently administers an education system in which educational services are provided separately for the main ethnic groups. As a result Kosovo Albanians and Kosovo Serbs children pursue their studies in their own language according to their own curriculum, textbooks and materials. The PISG has implemented a 5+4+3/4 system of primary and secondary education.



There is only a small non-formal sector which includes eight vocational training facilities administered by the Ministry of Work and Social Welfare (MWSW). Recently, another centre (for agricultural training) has been opened in Lipjan/Lipljan through an agreement with Norwegian NGO Norges Vel.



University of Pristina is the main higher education institution in Kosovo (comprising of 22 faculties and colleges). There is also a university in Serbian language in Mitrovica as well as UP’s satellites in Peja/Pec and Prizren that work in Serbian and Bosnian languages. Education responsibilities are shared amongst central level (MEST and MWSW) and municipalities.



Responsibilities of the Ministry of Education Science and Technology (MEST) are broad and include higher education, school inspection, setting education standards, drafting of curriculum and textbooks, licensing private education institutions, appointment of school directors etc. MEST is represented in a regional level with five field offices. Municipalities are responsible for preschool, primary and secondary education. They are responsible for training the staff, entering the data for schoolchildren, financing, maintaining and repairing of schools, recruiting, contracting and paying administrative, teaching and non-teaching staff. Many municipalities are insufficiently equipped to meet these duties because the staff at disposal has little or no experience in administration of education and many responsibilities are not exercised in full.



School principals are appointed by panels consisting of MEST and municipality representatives, but the final appointment authority rests with MEST. Principals are responsible for academic issues and general administration of schools but they have almost no authority for employing or assessing the staff and organization which has been regulated by administrative instruction of MEST implemented by municipal directors of education. Almost all MEST instructions have been drafted and signed without participation of Kosovo Serbs and without taking into consideration specific concerns of minority communities in Kosovo. This has further aggravated isolation in the field of education.



Ground to be explored: Fundamental principles of decentralization in preschool, primary and secondary education remain valid. As far as education services, they are decentralized to a certain degree.



Structural improvements seem possible by taking into account selection of school principals (with a lesser impact of MEST representatives) as well as drafting of school textbooks (issue that can be left to an independent commission comprising of MEST, minority communities and international participants so that they timely agree on a general curriculum). Some responsibilities like school transport (for students and teachers) as well as food services of the school should be competencies of municipalities. The same goes for preschool education.



All administrative instructions of MEST that have to do with organizing and school staff should be reviewed with participation of Kosovo Serbs and include special measures for minorities. A possible temporary solution should be reviewed for a four-year transitional period during which the two systems of education would become compatible or mutually recognized.







3. Social Policies

Current situation: At present, social welfare services (social service and social assistance), employment, and pension services are under central level administration. Regulation 2005/45 on Family and Social Services, that had been promulgated in September 2005, provides for transfer of responsibilities in the field of social services from central to local level (for instance, Centres for social work, provisions for social services within the territory of municipalities – kindergartens, preschool facilities, household support, personal care, counseling, housing care), provisions on financial assistance to fulfill certain social needs of individuals (in a complementary way to the social assistance scheme that is managed by central level).



Ground to be explored: Regardless of receiving pensions transferred by the Yugoslav pension scheme and pensions received by Kosovo Serbs outside Kosovo (that will not be treated in this context), positions on “decentralization” of social policies should not be very different from one another.



In principle, pensions and other programmes of social protection should be addressed in the central level, therefore the responsibility for legislation, policy making, standards, budget coordination, coordination of trainings and licensing remain in the central level. Otherwise, social services, provided by Centres for Social Work (currently placed under municipal and sub-municipal level) will be transferred to local level as specified in Regulation 2005/45. It should be assessed whether increase of municipalities’ responsibilities should include specific functions transferred to implementation of social assistance programmes (contact centres should be established in municipalities).



In general, development of concrete social services should be led by local level with the greatest possible scope.     



4. Culture (cultural heritage, sports, stage arts, etc) and the media

Current situation: Currently the Ministry of Culture, Youth and Sports (MCYS) exercises a considerable number of responsibilities in the area of:

·        Cultural heritage (general managing of cultural sites in Kosovo, the Reconstruction Committee, identification and recording of local and national heritage, archives, stage and visual arts, promotions and libraries, culture legislation, registry and inventory of premises, including protection, financing and policies through for Institutes for Protection of Monuments led by central bodies with many transferred competencies.

·        Sports (federations for organizing sports, buildings and equipment. In accordance with Regulation 2000/45, the municipalities manage youth centres and Youth Network (with a financial help from Ministry of Culture, Youth and Non-Residential Affairs), local sports leagues, cultural events and some monuments (if they are not managed by the Institute for Protection of Monuments).



Out of 118 licensed broadcasters in Kosovo, 38 belong to minorities (32 of them to Kosovo Serbs, 2 to Turks, 2 to Bosniaks and 1 to Goranis). In general 30 broadcasters are to some point multiethnic, and a small number of owners broadcast one or more hours in the languages that are not the primary language of the station.



Awaiting the nomination of five local members for the Independent Media Commissioner, all broadcast media – from the municipal, regional or Kosovo wide level – get their licenses from the Temporary Media Commissioner. There are no municipality-owned broadcasters for the sake of protecting the freedom of the media and reducing the illegal local political interference, broadcasting licenses are not given to municipalities. All the radio and TV stations are as a consequence privately financed, with the exception of the RTK, which is a public broadcaster; with one television and two radio station.



Grounds to be explored: Although many responsibilities in the area of cultural heritage have been transferred, the Institute for Protection of Monuments (which in fact is led by the central level) needs to discuss further decentralization regarding maintenance, reconstruction and protection of religious sites. Protection and promotion like the inventorying and recording of the cultural heritage that has not explicitly been declared as ‘national’ should be transferred to municipalities (with some role in the hands of the MCYS in order for it to organize the work in accordance with European standards and to create a sustainable and comprehensive database of the Kosovo cultural heritage and also to organize awareness and education campaigns for respecting the cultural heritage of all the minorities).



The Reconstruction Committee should remain a direct responsibility of the MCYS, in cooperation with the international agencies (Council of Europe, UNESCO, and bilateral donors). However, a coordination/consultation mechanism/process can be recommendable to help transparency and to create the feeling of ownership and responsibility from municipalities.



Regarding the media, the position of the Temporary Media Commissioner/UNMIK is that the democratic principle of the free media rules out the media control by the state, no matter from what government level. Therefore, in no way will the municipalities be involved in managing or regulating the electronic media in Kosovo. There have been some measures taken by Kosovo institutions for a general media policy for minorities (minimal obligatory broadcasting for minority communities, reduction of custom duties and VAT in selling/importing of print media for the minority population), but not immediately linked to the decentralization schemes.



5. Police 

Current situation: Gradual transfer of responsibilities in the area of policing and justice from the exclusive use by UNMIK to the local institutions is being developed trough the establishing of a Ministry for Internal Affairs late in 2005 and transfer of responsibilities to the already completed KPS.



Since the SRSG will have the last say until the end of UNMIK mandate, the responsibilities will be transferred gradually step by step and will be subject to a careful examination of the performance the ministries will show in their responsibilities at each stage; in this process the guarantees for the minority communities should be strengthened.



Ground to be explored: For KPS to fully cooperate with local authorities and Municipality Security Councils of local communities and, with other smaller areas within communities, Local Security Councils are being established in communities inhabited areas, and in respective areas where they are conveniently represented. The Commander of KPS local stations will be selected in consultation with Police Commissioner (similar to ‘Ohrid’ model),

Also, in consultation with village leaders, police sub-stations are being opened in villages of community areas with a considerable number of minorities (14 of which where already established during 2005), and main priority for employment will be given to KPS Officers from these areas. The recruitment, at all levels of KPS, should reflect the need for equal representation of all communities in Kosovo – during 2005 the percentage of minority employment doubled, from 12% to 22%.



6. Justice

Current situation: There are 25 Municipal Courts in total which operate in most existing municipalities in Kosovo (including a number of liaison offices established in smaller municipalities), 5 District Court, an Economic Court in Pristina and Kosovo Supreme Court.



All Municipal and District Courts that operated in Kosovo before March 1999 are transferred to Serbia and have built a parallel system. There are still some parallel courts in Northern Kosovo (Mitrovica, Zubin Potok, Leposavic), while parallel courts in central Kosovo (Strpce, Lipjan and Gracanica) seems to have seized the operation for ever.



The review of community guarantees in the field of justice has already started. In particular, access to Municipal Courts will be enhanced through establishing ‘courts departments’ in enclaves (like the model of Gracanica and Sterpce), and opening of ‘Court liaison offices’ in areas where a new court wouldn’t be economically sustainable. Ideas for transferring responsibilities for minor offences from courts to local administration are being discussed in the context of proposition of a new efficient and economically capable structure of courts in Kosovo. Furthermore, the plans for the transformations of court liaison offices to Offices of civic rights for the implementation of anti-discriminatory laws are sketched and could be implemented with the donors’ assistance.



Ground to be explored: In accordance with the Council of Europe applicable standards, the direct participation of municipalities for the nomination of judges is ruled out because of principles. Furthermore, it seems difficult to avoid practical obstacles for ensuring an unbiased role of judges of minorities in the Kosovo legal system, particularly Serb community, to apply for positions.





7. Public services

Current situation: So far, the management of municipal property and the settlement of public services (as: water, waste, irrigation, water surfaces, drainage, road cleaning services, etc) is done by KTA. Most of municipal properties that served social enterprises (land, materials…) were taken by KTA, although some of them (forestry, agriculture) are managed by municipalities. Water and waste management is done by 8 regional centers  (extended throughout Kosovo – not always within municipal boundaries – excluding north, where a parallel waste management exists).

Under Resolution 1244, UNMIK is currently continuing the general policy of social enterprises privatization, without prejudging the status negotiations outcomes. Here consideration is given to the importance of subsidiary assistance that comes from public enterprises, financial transparency and modern business principles (private sector and public service structures).

Thus, accounting on a considerable transfer of competencies to the local level,    gradual deviation from the general policy is also being considered, such as the transfer of competencies of some social enterprises (land and real property, but transport as well) to municipalities without adequate compensation and the increase of municipality representation in Supervising Boards of Public Enterprises, such as regional centres.



As for power supply, there are discussions going on regarding the need of a vertical division of energetic sector in: production and distribution, later on it could be regionalized, or even at the municipal level (with arguments favouring local property/communities of energetic network and those that believe that the industrial trend is more aggressive and that solutions should be more competitive in the energy sector.)



Ground to be explored: KTA has carried a process of incorporation of Public Enterprises in order to improve the management of companies, financial transparency and accountability procedures. Taking into account the fact that Public Enterprises can operate in individual municipalities, in several municipalities, or throughout Kosovo, discussions are underway to extend the company boards with more municipal representatives. Legal mechanisms are being reviewed for facilitating the transfer of competencies of social enterprises to municipal level without any compensation.



The vertical division of energetic system is part of Athens Agreement, where UNMIK is participatory. The vertical division is necessary in order to make the energetic market more competitive and efficient, and consumers (at least the major one) would have the possibility of choosing the supplier. Vertical division of KEK should address questions like how, when and the scale of problems that may arise when transferring KEK’s assets to new companies.



In the long-term, it is clearly visible that a number of public services should eventually be transferred to municipal institutions, or to be privatized and operate as private enterprises. This transfer should be planned clearly in order to prevent flaws of providing services. In this context, the ownership of key networks should not necessarily transfer to specific municipalities. The ownership over the network should be kept at central levels.