UNMIK/PR/322
PRISTINA— The foundation for Kosovo’s local democracy has been set with the signing into law of the regulation on the Self Government of Municipalities. The regulation covers almost all aspects of municipal government from the composition of the municipal assembly to the work of the chief executive officer.
The regulation will essentially come into effect after the local elections which have been called for October 28th. It sets down that the municipal assembly – where those politicians elected will sit – must be held within 15 days of the vote.
At that time each member must swear an oath that s/he will carry out municipal duties “honourably, faithfully, impartially, conscientiously and according to the law so as to ensure conditions for a peaceful life for all.”
The municipalities have a range of responsibilities which include:
- education, up to the end of secondary level;
- primary health care;
- social services;
- housing;
- urban and rural planning;
- naming roads, streets and other public places;
- fire and emergency services;
- local utilities and services -- roads, transport, sewage, waste management, drains and water.
In addition, municipalities may take on other activities such as tourism, economic promotion, civic promotion, sports and leisure. Municipalities will have the right to make their own local regulations as long as they are not in conflict with applicable law.
They will also have a duty to implement regulations from the central authority including civil and voter registration and business registration.
The regulation sets out the number of members of each of Kosovo’s 30 municipal assemblies. After the first two-year terms, members of the assembly shall be elected for four-year terms. They will be allowed time off work to attend to Assembly business and may receive some financial compensation for their participation.
The members will elect a President and Deputy President from the assembly’s members; a second Deputy President will be appointed in those municipalities where there is a substantial part of the population is from a community which is not in the majority.
The public is allowed to attend meetings of the assembly and of municipal committees; there are times when the meetings will be held in private, such as if the issue being discussed is of a personal or commercially sensitive nature or it is about legal proceedings. Elected members will be excluded from decision making if s/he or a family member has a personal or financial interest in the matter being discussed.
Two languages will be used in municipal assemblies and committees – Albanian and Serbian. If the language of part of the community is neither of the two official languages the proceedings and documents will be translated into the third language.
The first step for the newly formed municipalities is the adoption of a Statute, which regulates the way each municipality carries out its responsibilities. There will also be Rules of Procedure to establish the management and control of the administration.
Under the regulation each Municipal Assembly has to appoint a Policy and Finance Committee – responsible for proposing the budget – a Communities Committee – to ensure that all people enjoy civil, political, social and economic rights and to promote the rights and interests of the communities living in the municipality. A Mediation Committee must also be established to deal with issues raised by the Communities Committee.
The municipality can set up other committees as it wishes. Their membership will have to reflect the proportion of seats held by political parties and coalitions in the Assembly.
The administration will be headed by a Chief Executive Officer and a board of directors, comprised of the heads of municipal departments. Like elected members, they too will be excluded from matters in which they may make a personal or financial gain.
Underlying the administration of the municipalities is the European Convention on human rights. Municipal civil servants will be expected to work in an impartial manner, acting within the applicable law. If an individual believes s/he has been unjustly treated by the administration they can complain to the Chief Executive Officer.
The monies to run the municipalities will come from two sources – the Central Authority and through local revenues. A municipality will be allowed to raise revenue from licences and fees, fines or income from municipal assets. Municipalities will have to produce an annual report and will have to be open to an independent auditor.
The transition from former bodies to the new municipal assemblies will be arranged by Municipal Administrators. They will also assist municipalities in their physical reconstruction and in creating the conditions for the return of displaced peoples. Municipal Administrators can intervene in the running of municipalities if decisions are not in line with UN Security Council Resolution 1244.
The Special Representative of the Secretary General will still maintain overall control – and can set aside a decision of a municipality if it does not take into account the rights of those communities which are not in the majority or if it is counter to Resolution 1244.