REGULATION NO. 2000/40
UNMIK/REG/2000/40
10 July 2000
The Special Representative of the Secretary-General,
Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,
Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 2000/1 of 14 January 2000 on the Kosovo Joint Interim Administrative Structure,
For the purpose of establishing the Administrative Department for Democratic Governance and Civil Society,
Hereby promulgates the following:
Section 1
1.1 The Administrative Department for Democratic Governance and Civil Society (hereinafter “the Department”) is hereby established.
1.2 The Department shall be responsible for the promotion of democratic governance and civil society, where, for the purposes of this regulation:
(a) The promotion of democratic governance shall include the creation of institutionalized mechanisms for public participation in governance and the promotion of democratic principles, human rights, pluralism, non-discrimination, equal opportunity, gender equality, prevention of corruption, transparency in governance, rule of law and an independent media; and
(b) The promotion of civil society shall include the promotion of public participation in governance, fulfillment of civic responsibilities, minority re-integration and post-conflict reconciliation.
1.3 The Department shall implement the policy guidelines formulated by the Interim Administrative Council in the field of democratic governance and civil society.
Section 2
2.1 The Department may make policy recommendations to the Interim Administrative Council through the Deputy Special Representative of the Secretary-General for Institution Building concerning, inter alia:
(a) The formulation of an overall strategy for the promotion of democratic governance and civil society;
(b) The promotion of democratic decision-making and broad-based participation and consultation at all levels of the interim administrative structure;
(c) The formulation of guidelines, in cooperation with the Administrative Department of Public Services, for other Administrative Departments, public officials and civil servants of the interim administrative structure to ensure compliance with international human rights standards and other principles basic to democratic governance and civil society; and
(d) The preparation of regulations.
2.2 The Department shall:
(a) Monitor the implementation of the overall strategy and policies for the promotion of democratic governance and civil society;
(b) Observe the policies and practices of, and assist, other Administrative Departments, local administration, and any emerging self-governing structures to encourage compliance with international human rights standards and other principles basic to democratic governance and civil society, and make appropriate recommendations;
(c) Advise Administrative Departments on the preparation of regulations, administrative directions and administrative instructions in order to encourage compliance with international human rights standards and other principles basic to democratic governance and civil society;
(d) Assist in the training of public officials and civil servants within the interim administrative structure in international human rights standards and other principles basic to democratic governance and civil society;
(e) At the request of the Deputy Special Representative of the Secretary-General for Institution Building, help establish independent bodies to provide impartial monitoring, analysis and advice on issues pertaining to democratic governance and civil society;
(f) Promote the establishment of non-governmental organizations in Kosovo and facilitate their interaction with the Joint Interim Administrative Structure;
(g) Encourage the development of independent public electronic media and independent media regulatory structures;
(h) Liaise with and consult international agencies and non-governmental organizations on issues pertaining to democratic governance and civil society;
(i) Encourage and facilitate public participation in governance;
(j) Assist in the development and implementation of public awareness campaigns to promote international human rights standards, transparency in governance and other principles basic to democratic governance and civil society; and
(k) Perform such functions as are ancillary to those set out above in this section and are assigned to the Department by the Deputy Special Representative of the Secretary-General for Institution Building.
Section 3
Co-Heads of the Department, under the supervision of the Deputy Special Representative of the Secretary-General for Institution Building, shall be jointly responsible for:
(a) Managing the Department and ensuring that the functions entrusted to it are implemented;
(b) Staffing, organizing and administering the Department and issuing administrative instructions and operating guidelines on any matters pertaining to the functions of the Department; and
(c) The effective and efficient management of resources provided to the Department from the Kosovo Consolidated Budget or from any other source.
Section 4
Co-Heads of the Department shall:
(a) Implement non-discriminatory personnel policies designed to ensure that the composition of the staff of the Department reflects the diversity of Kosovo;
(b) Endeavour to ensure equitable gender balance in all areas and levels within the Department; and
(c) Ensure that all recruitment is based on professional qualifications, competence and merit.
Section 5
The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.
Section 6
The present regulation shall supersede any provision in the applicable law which is inconsistent with it.
Section 7
The present regulation shall enter into force on 10 July 2000.
Bernard
Kouchner
Special Representative of the Secretary-General