UNMIK/PR/1206
PRISTINA – A special three-member Panel acting under section 9.1.41 of the Constitutional Framework unanimously reached a Decision on 20 July 2004 on the Kosovo Health Law. This opens the way for the adoption of an important Law in a form that should be acceptable to Kosovo-Albanians and Kosovo-Serbs.
Pursuant to section 9.1.39 of the Constitutional Framework, members of the Coalition Return submitted a motion challenging the Kosovo Health Law adopted by the Assembly on 19 February 2004 on the grounds that its provisions violate the vital interests of the Kosovo-Serb Community. A special three-member Panel took up the matter. It consisted of representatives of Coalition Return and the Government as sponsor of the Law and a presiding member designated by the Special Representative of the Secretary-General. The Presiding Member was Mr. Matthias Reinicke, Task Manager for Health in the European Agency for Reconstruction in Kosovo. The UNMIK Legal Adviser provided guidance to the Panel to facilitate its work.
The Panel was convened on 19 and 20 July 2004. After full consideration of the arguments presented by Coalition Return and the Government, it reached a Decision which consisted of seven recommendations on the Law. These provide a basis for the adoption of the Law in a form in which the vital interests of the Serb Community are adequately safeguarded. Recommendations are made for the reformulation of expressions to appropriately reflect the status of Kosovo under UN Security Council resolution 1244(1999) and to ensure that the terminology used is neutral from the perspective of all the Communities of Kosovo. The Panel agreed that the Law should emphasize that Kosovo public health services should be accessible to all residents and all Communities in Kosovo. The Panel also agreed that a mandatory health insurance scheme, such as is contained in the Law, is necessary, while recognizing at the same time that special arrangements should be made by the Government and in subsequent legislation for those with limited opportunities to benefit from public health services covered by insurance.