UNMIK/PR/736
SRSG Michael Steiner noted today that on the first anniversary of its promulgation, the Constitutional Framework for Provisional Self-government in Kosovo has been “a great success.”
“We have had elections; we have an Assembly, provisional institutions and a Government. None of this would have been possible without the Constitutional Framework,” he said
Signed as Regulation 2001/9 by then-SRSG Hans Haekkerup, the Constitutional Framework set up the legal structure for today’s Provisional Institutions of Self-Government (PISG), and it described the powers and responsibilities that would be put into the hands of Kosovo’s leaders and civil servants after the general elections of 17 November, 2001.
The Constitutional Framework was drafted over seven weeks in spring 2001 by a working group composed originally of seven Kosovo and six international members under the chairmanship of Mr. Johan Van Lamoen, an international expert in the field of transitional legal regimes.
In its preamble, the Constitutional Framework recalled that “UNSCR 1244 (1999) envisages the setting up and development of meaningful self-government in Kosovo pending a final settlement…” and that a “gradual transfer of responsibilities to Provisional Institutions of Self-Government will, through parliamentary democracy, enhance democratic governance and respect for the rule of law in Kosovo…” It also recognized “the importance of creating a free, open and safe environment which facilitates the participation of all persons, including all members of Communities in the process of establishing democratic institutions of self-government…”
The Constitutional Framework stipulated that the municipalities would be the “basic territorial units of self-government,” and that the Provisional Institutions of Self Government would be the Assembly, the President of Kosovo, the Government, Courts and other bodies and seats set forth in the regulation.
The document placed a strong emphasis on human rights and the rights and protection of communities and their members.
In setting out the responsibilities to be transferred to the PISG, the Framework listed 19 areas: economic and financial policy; fiscal and budgetary issues; administrative and operational customs activities; domestic and foreign trade, industry and investments; education, science and technology; youth and sport; culture; health; environmental protection; labour and social welfare; family, gender and minors; transport, post, telecommunications and information technologies; public administration services; agriculture, forestry and rural development; statistics; spatial planning; tourism; good governance, human rights and equal opportunity; and non-resident affairs.
The Constitutional Framework also set out the powers and responsibilities reserved to the Special Representative of the Secretary General, as well as the structure and responsibilities of the Assembly, the Government and the judicial system.
A subsequent regulation in September 2001 described the executive branch of the PISG.
