UNMIK/PR/572
PRISTINA – The Kosovo Transitional Council spent nearly four hours today in freewheeling discussions on the final draft of the Legal Framework for Provisional Institutions of Self-Government in Kosovo.
The draft legal document had attachments from the Serb community, the Turkish community and the AAK representative in the Joint Working Group (JWG) on the Legal Framework.
Opening the debate, the SRSG Hans Haekkerup said the experts had done a fine job on the document and the purpose of discussion was to see if the KTC members could find common ground. He regretted the media attacks on JWG members.
Many members, cutting across political and ethnic lines, demanded that the legal framework document be called a “provisional constitution”, have a president, a constitutional court and the right to hold a referendum.
Several members made the point that, granting these demands, would not violate UN Security Council Resolution 1244. Another point made by some members was that the period of validity of the legal framework document should be specified. Some members felt that an elected assembly rather than the JWG should have prepared the document. Other members complained that there hadn’t been enough debate on the document. There were also demands by a few participants for including ministries of foreign affairs, defence and interior in the provisional government.
Several Kosovo Albanian members rejected the Serb attachment on different grounds, including that the Serb proposals were biased, they had come after the draft document was ready and that there could be no connection with FRY anymore.
LDK President and IAC member Ibrahim Rugova, complemented the work of JWG adding that the document had been discussed in IAC too. He stressed that it was an “interim document for an interim period. He supported the demand for calling the document provisional constitution, having a parliament, a directly elected president and a constitutional court. He said the proposals of the other communities would be considered and that the power to hold referendum would calm the situation, adding that the date of elections should be announced soon.
The Serb members supported the proposals submitted by their community representative in JWG. They stressed that the draft document must remain within the limits of Security Council Resolution 1244. They pointed out that the existing institutions in Kosovo had failed to ensure freedom of movement or protect the human rights of the Serb minority.
The Turkish members backed the proposals that they made and which were presented to the KTC as an attachment to the legal document.
Several Kosovo Albanian members called for rewording the provision in the draft document on the Kosovo Protection Corps.
PDSRSG Gary Matthews, who chaired the meeting after Mr. Haekkerup left to meet the Gjakove/Djakovica group at Merdare, told a member that the Security Council Resolution 1244 had not been overtaken by time. “It’s a living document” and guides the work of all that is being done now, he said. He said holding the elections would be a positive development.
Earlier, Mr. Haekkerup stressed that UNMIK was firm on collecting tax at the tax collection points on the boundary with Serbia. This was not customs duty, which he clarified once again, was charged on the border with Albania and FYROM. The tax was being collected for the Kosovo Consolidated Budget. He added that the goods coming through the boundary points with Serbia were going to all communities all over Kosovo and were not exclusively for the northern areas. UNMIK had done nothing to infringe the authority of FRY under Security Council Resolution 1244 by setting up these tax collection points. He said they will have a dialogue with Belgrade and try and explain what UNMIK is doing.