KOSOVO: FAST-TRACKING PLAN UNDERWAY FOR TRANSITION

UNCLAS SECTION 01 OF 02 PRISTINA 000506

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR DRL, INL, AND EUR/SCE, NSC FOR BRAUN, USUN FOR
DREW SCHUFLETOWSKI, USOSCE FOR STEVE STEGER

E.O. 12958: N/A
TAGS: PGOV EAID KDEM UNMIK YI
SUBJECT: KOSOVO: FAST-TRACKING PLAN UNDERWAY FOR TRANSITION
LAWS


SENSITIVE BUT UNCLASSIFIED -- PLEASE HANDLE ACCORDINGLY.


1. (SBU) SUMMARY: Under the Ahtisaari Plan, the Kosovo
Assembly must pass a number of laws during the established
120-day transition period. The Assembly's normal pace of
doing business is inadequate to do this, so the OSCE, EAR,
and NDI, working together as the Assembly Support Initiative
(ASI),have proposed fast tracking this legislation,
including shortening the time in committee and between
readings. ASI is also coordinating with the PM's office to
track drafting progress, which has been slow thus far. We
will continue weighing in with both Assembly members and the
Kosovo Government to make certain these laws are approved in
a timely fashion. END SUMMARY.

"Ahtisaari" laws


2. (SBU) Article 1 of Annex XII of the Ahtisaari Plan sets
out five laws that must be passed during the 120-day
transition: general elections; local elections; local
self-government; municipal boundaries; and the establishment
of protective zones for religious and cultural sites. The
Ministry of Local Government is responsible for the first
four. As of June 19, working groups had been established,
but only the draft law on local self-government had been
completed, and even it had not yet been submitted to Office
of the Prime Minister (OPM). Although a June 5 report
promised a law on municipal boundaries by June 15, it has not
yet been completed. The Ministry of Environmental and
Spatial Planning and Ministry of Culture are jointly
responsible for the law on protective zones. The meat of
this law is dictated by the Ahtisaari Plan itself, and the
June 5 report promised a draft by June 19. However, no draft
law is yet complete, although a transition working group on
religious and cultural heritage has recently come up with a
framework, in coordination with the internationals, including
the Council of Europe and UNESCO.


3. (SBU) Article 2 of Annex XII gives priority status to
further laws the Assembly may adopt during transition dealing
with: the rights of communities and their members; local
finance; education; health care; citizenship; use of national
symbols; public holidays; restitution; the Kosovo Security
Force (KSF); service in the KSF; service in the Kosovo
police; and laws establishing the Kosovo Security Council,
civil aviation authority, and a domestic intelligence agency.
Draft laws on citizenship, KPC retirement, public holidays,
and the use of national symbols are in various stages of
government review. The OPM expects to receive draft laws on
police and civil aviation by the end of June. According to
the OPM, the remainder of the laws have various concept
papers, working groups, and/or drafting committees, but OPM
has no estimate of when it will actually receive finished
drafts.

Fast-Tracking


4. (SBU) The Assembly Support Initiative, comprised of the
National Democratic Institute (NDI),European Agency for
Reconstruction (EAR),and the OSCE, is planning ahead for
this deluge of legislation the Kosovo Assembly will be
required to pass during the 120-day transition period
mandated by the Ahtisaari Plan. The ASI has come to
preliminary agreement about how to facilitate the passage of
these priority laws, but the details remain to be worked out
and implemented.


5. (SBU) ASI's plan is for the Assembly to depart from its
rules of procedure using rule 61, which allows such
departures upon a two-thirds vote. The Assembly will then
follow special procedures for these priority laws, such as
shortening the time for committee review and between
readings. ASI members will meet in the next week to produce
a recommendation for which departures from the rules should
actually be taken. That recommendation will go through the
Assembly's secretary general to the caucus leaders, committee

PRISTINA 00000506 002 OF 002


chairs, and eight-member Assembly Presidency. The Presidency
would then put the issue on the Assembly agenda for a plenary
vote.


6. (SBU) ASI is doing a number of things to speed up what is
often a lengthy review process in the Assembly committees.
First, the Assembly will deal with "Ahtisaari" laws to the
exclusion of their other work. (NOTE: This can be done under
rule 61. END NOTE.) Second, the table office will receive
special directions on which laws are assigned to which
committees, and how long committees have for review.
Committee assignments can be made in advance upon agreement
between committee chairs and the Assembly Presidency. (NOTE:
In a parliamentary system, the table office plays a crucial
organizational role, including being the
reception/distribution center for all of the parliament's
official business and tracking the progress of legislation
through committees. ASI is targeting the Kosovo Assembly's
notoriously hapless and ineffectual table office for
assistance to increase its ability to handle its
responsibilities. END NOTE.) Third, ASI plans to help the
committees review the laws quickly by adding legal support
and advisers, and inviting the drafters (both PISG staff and
their international experts) of the laws to committee
meetings to answer members' questions.
Involving the PM's Office


7. (SBU) ASI, Assembly President Kole Berisha, and other
Assembly leaders remain concerned that the PISG will not
submit laws to the Assembly in time for passage within 120
days. Thus ASI and Assembly staff have established contact
with staff in the OPM to keep track of when draft laws are
expected to be completed and submitted. OPM has promised
weekly updates on these laws.


8. (SBU) COMMENT: ASI is off to a good start in preparing
the Assembly for a very busy four month transition period,
but even under special rules political will and support from
leading MPs and cooperation among them will be crucial for
the "Ahtisaari" laws to sail smoothly through. That political
will may be harder to come by if status is delayed
indefinitely, however. Thus far, anecdotally, MPs have told
us they are prepared to work 24/7 to finish their work, but
we will weigh in when necessary to keep them motivated and
focused. END COMMENT.
KAIDANOW