Identifier
Created
Classification
Origin
08PRISTINA274
2008-06-02 11:57:00
CONFIDENTIAL
Embassy Pristina
Cable title:
KOSOVO: PASSAGE OF AHTISAARI LAWS NEARLY COMPLETED
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C O N F I D E N T I A L PRISTINA 000274
SIPDIS
DEPT FOR DRL, INL, EUR/SCE
NSC FOR BRAUN
E.O. 12958: DECL: 05/30/2018
TAGS: PGOV PINR PREL EAID KV UNMIK KDEM
SUBJECT: KOSOVO: PASSAGE OF AHTISAARI LAWS NEARLY COMPLETED
Classified By: Chief of Mission Tina S. Kaidanow for Reasons 1.4 (b),(
d).
C O N F I D E N T I A L PRISTINA 000274
SIPDIS
DEPT FOR DRL, INL, EUR/SCE
NSC FOR BRAUN
E.O. 12958: DECL: 05/30/2018
TAGS: PGOV PINR PREL EAID KV UNMIK KDEM
SUBJECT: KOSOVO: PASSAGE OF AHTISAARI LAWS NEARLY COMPLETED
Classified By: Chief of Mission Tina S. Kaidanow for Reasons 1.4 (b),(
d).
1. (C) SUMMARY: Kosovo has made solid progress in passing
the required Ahtisaari legislation, with the Assembly having
pushed through 26 laws and the remaining five set to reach
the Assembly the week of June 2. Important laws and
regulations, not technically part of Ahtisaari but necessary
for a smooth transition from UN authority, have also been
dealt with under the same Ahtisaari expedited procedure.
Though passage of these laws has generally been smooth and
almost trouble-free, the highly symbolic Law on Official
Holidays did see a contentious debate in the Assembly; it
finally passed on May 23, but only by a small majority and
after an emotional and bruising political fight. We and the
International Civilian Office (ICO) will continue to team up
to get the remaining legislation passed and then focus on
implementation. END SUMMARY.
2. (C) With 26 laws passed and five more on the way, Kosovo
has made solid progress on creating a core legal framework
for independence to undergird the entry into force of its
constitution on June 15. Laws on Publicly Owned Enterprises,
the Kosovo Security Force (KSF),and the Kosovo Protection
Corps (KPC) are in the final stages of drafting and are
expected to be passed by June 15. Two more laws - on
Foreigners (i.e. on immigration) and Early Retirement of KPC
Members - are farther behind in the drafting process. Given
its complexity, the Law on Restitution, the last of the
Ahtisaari laws, will take far more time.
3. (C) Under Article 145.2 of Kosovo's constitution, UNMIK
regulations and laws adopted before independence will remain
in force. Much of this legislation, however, assigns
competencies to various UNMIK organs and thus needs to be
updated to reflect Kosovo authority. In six cases, the
legislation deals with key issues where competencies need to
be transferred and responsibility clarified quickly:
pensions, the Independent Commission for Mines and Minerals,
telecommunication, water services, energy regulation, and
resolution of property claims. These laws went through an
UNMIK-led working group process last summer to distribute
competencies to local authorities, but UNMIK recently
indicated its unwillingness to issue the relevant updated
regulations. As a result, these laws have been added to the
Ahtisaari "box" and will be amended using the same expedited
process as the Ahtisaari laws.
4. (C) Most of the activity in the Assembly has been smooth
and trouble-free. The first tranches sailed through the
Assembly with an average of 80 votes each. There has been
only one notable exception: the Law on Official Holidays
scraped by on May 23 with only 46 votes, with a wholesale
abandonment of the opposition - four "yes" votes out of 34
opposition MPs (not all of whom were even present at the
session). This lackluster vote followed four days of
lobbying from USEP and the International Civilian Office, as
well as a substantive amendment adding three Albanian and
eight minority "memorial days" into the law. (Note: These
memorial days will not have the force of official holidays,
i.e., they will have to be annually decreed by the government
and there will be no official government closures on these
dates. End Note.) The Official Holidays Law had symbolic
power in the eyes of the public and therefore its passage was
particularly sensitive; we do not anticipate this kind of
debate over the remaining laws.
5. (C) COMMENT: Kosovo has made very credible progress on
passing important and complex Ahtisaari laws within the
timeframe mandated for transition. Perhaps a year ago, no
one would have predicted such a thing was possible, but the
Kosovo government and opposition has delivered. Soon the
next phase of Ahtisaari will begin -- implementation --
requiring the coordinated and concerted effort of the
Embassy, ICO, and key Kosovo stakeholders. END COMMENT.
KAIDANOW
SIPDIS
DEPT FOR DRL, INL, EUR/SCE
NSC FOR BRAUN
E.O. 12958: DECL: 05/30/2018
TAGS: PGOV PINR PREL EAID KV UNMIK KDEM
SUBJECT: KOSOVO: PASSAGE OF AHTISAARI LAWS NEARLY COMPLETED
Classified By: Chief of Mission Tina S. Kaidanow for Reasons 1.4 (b),(
d).
1. (C) SUMMARY: Kosovo has made solid progress in passing
the required Ahtisaari legislation, with the Assembly having
pushed through 26 laws and the remaining five set to reach
the Assembly the week of June 2. Important laws and
regulations, not technically part of Ahtisaari but necessary
for a smooth transition from UN authority, have also been
dealt with under the same Ahtisaari expedited procedure.
Though passage of these laws has generally been smooth and
almost trouble-free, the highly symbolic Law on Official
Holidays did see a contentious debate in the Assembly; it
finally passed on May 23, but only by a small majority and
after an emotional and bruising political fight. We and the
International Civilian Office (ICO) will continue to team up
to get the remaining legislation passed and then focus on
implementation. END SUMMARY.
2. (C) With 26 laws passed and five more on the way, Kosovo
has made solid progress on creating a core legal framework
for independence to undergird the entry into force of its
constitution on June 15. Laws on Publicly Owned Enterprises,
the Kosovo Security Force (KSF),and the Kosovo Protection
Corps (KPC) are in the final stages of drafting and are
expected to be passed by June 15. Two more laws - on
Foreigners (i.e. on immigration) and Early Retirement of KPC
Members - are farther behind in the drafting process. Given
its complexity, the Law on Restitution, the last of the
Ahtisaari laws, will take far more time.
3. (C) Under Article 145.2 of Kosovo's constitution, UNMIK
regulations and laws adopted before independence will remain
in force. Much of this legislation, however, assigns
competencies to various UNMIK organs and thus needs to be
updated to reflect Kosovo authority. In six cases, the
legislation deals with key issues where competencies need to
be transferred and responsibility clarified quickly:
pensions, the Independent Commission for Mines and Minerals,
telecommunication, water services, energy regulation, and
resolution of property claims. These laws went through an
UNMIK-led working group process last summer to distribute
competencies to local authorities, but UNMIK recently
indicated its unwillingness to issue the relevant updated
regulations. As a result, these laws have been added to the
Ahtisaari "box" and will be amended using the same expedited
process as the Ahtisaari laws.
4. (C) Most of the activity in the Assembly has been smooth
and trouble-free. The first tranches sailed through the
Assembly with an average of 80 votes each. There has been
only one notable exception: the Law on Official Holidays
scraped by on May 23 with only 46 votes, with a wholesale
abandonment of the opposition - four "yes" votes out of 34
opposition MPs (not all of whom were even present at the
session). This lackluster vote followed four days of
lobbying from USEP and the International Civilian Office, as
well as a substantive amendment adding three Albanian and
eight minority "memorial days" into the law. (Note: These
memorial days will not have the force of official holidays,
i.e., they will have to be annually decreed by the government
and there will be no official government closures on these
dates. End Note.) The Official Holidays Law had symbolic
power in the eyes of the public and therefore its passage was
particularly sensitive; we do not anticipate this kind of
debate over the remaining laws.
5. (C) COMMENT: Kosovo has made very credible progress on
passing important and complex Ahtisaari laws within the
timeframe mandated for transition. Perhaps a year ago, no
one would have predicted such a thing was possible, but the
Kosovo government and opposition has delivered. Soon the
next phase of Ahtisaari will begin -- implementation --
requiring the coordinated and concerted effort of the
Embassy, ICO, and key Kosovo stakeholders. END COMMENT.
KAIDANOW