What does the draft statute of the Community of Municipalities with a Serbian majority in Kosovo foresee?

Radio Free Europe had an insight into the draft statute for the formation of the Community of Municipalities with a Serbian majority in Kosovo, which was drawn up by European officials. Those in the Government of Kosovo did not want to comment, while RSE's sources in Brussels confirmed that it is one of the last drafts, which, however, may be subject to minor changes.

This document for the establishment of the Community of Serbs in Kosovo should provide a certain level of self-management.

It is clearly specified that the Union will not have executive powers, and that it will not threaten the independence and integrity of Kosovo. It is added that the document will be considered by the Constitutional Court of Kosovo. Among other things, this draft statute clearly foresees the possibility of financial support for the Community from Serbia, and "an effective direct channel of communication between the Kosovo Serb community and the Government of Kosovo through the Ministry of Local Self-Government Administration".

Jurisdiction or authority is the question why the Kosovo authorities have so far refused to form the Community according to the Brussels agreement, with the explanation that it could threaten the internal functionality of the country, like Republika Srpska in Bosnia and Herzegovina.

Otherwise, the Constitutional Court of Kosovo established in 2015 that some of the principles for the formation of the Union of Municipalities with a Serbian majority are not in accordance with the letter and spirit of the Constitution. However, in the conclusion of the decision, it is stated that the objections can be harmonized with the statute of the Community or the decree of the Government of Kosovo.

After several years of unsuccessful efforts by the international community for Pristina and Belgrade to harmonize their positions on this issue, the EU announced at the end of October that the parties had been handed a "modern draft statute" for the formation of the Community. This was supported by other Western countries: the USA, Germany, France and Italy.

Then the Prime Minister of Kosovo Albin (Albin) Kurti said for the first time that the statute for the formation of the Community is "acceptable" because it is in accordance with the Constitution of Kosovo. The document was also acceptable to the President of Serbia, Aleksandar Vučić, but the Serbian authorities insisted in public that it was in accordance with the Constitution of Serbia and the previously reached agreements within the framework of the dialogue.

Competencies and relationship with central authorities

The part of the statute that refers to the competences of the Union of Municipalities with a Serbian majority specifies that this body has the right to make decisions, regulations, instructions and declarations. It will also have full authority at the local level in the areas of economic development, spatial planning, health, education, and the protection of cultural and religious identity.

In the part that talks about relations with the central authorities, it is written that the Union will not undermine or circumvent the constitutional and legal authorities and competences of its members, nor in any way undermine the constitutional and legal relationship between the central and local authorities in fulfilling its goals.

It is added that the relationship with the central authorities will be based on mutual cooperation and exchange of information in the spirit of promoting democracy, multi-ethnicity and an integrated society in accordance with the current Kosovo laws.

Also, the Association has the right to initiate or be a party to proceedings before the courts, including the Constitutional Court of Kosovo, if the decisions or actions of any institution affect the exercise of its powers in accordance with the statute.

Organizational structure and budget

Based on the draft statute, the Association of Municipalities with a Serbian majority should, in addition to its symbols, have an Assembly, a president and vice president, an advisory council, an administration and an appeals office.

The main organ of the Community should be the Assembly, which adopts proposals for amending or supplementing the statute, adopts regulations, decisions or declarations.

Also, it is the Community Assembly that appoints and dismisses the president and vice president.

In addition to the president, the Assembly of the Community should have at least two vice-presidents. The members of the Assembly are elected by the members of the Municipal Assemblies, which are members of the Community.

The headquarters should be in North Mitrovica, one of the four municipalities with a Serbian majority in the north of Kosovo.

When it comes to financing, it is envisaged that the Community will have its own budget, which it will dispose of "responsibly and transparently". It is also specified that the Community must have an account in a bank licensed by the Central Bank of Kosovo.

Therefore, the Community can be financed from its own budget, contributions from its members, central institutions, donations, and financial support from other domestic or international institutions, including Serbia.

Otherwise, the budget and expenditures should be under the supervision of the EU for a period of five years.

The community should consist of municipalities with a Serbian majority in Kosovo, of which there are currently ten: Gračanica, Štrpci, Parteš-Pasjane, Ranilug, Klokot, Novo Brdo, Sjeverna Mitrovica, Leposavić, Zvečan and Zubin Potok.

However, any other municipality in Kosovo can join this Association if it wishes.

What's new?

In addition to the fact that the Community will not be any third level of government, emphasis is also placed on the management of educational and health institutions in Kosovo.

These institutions are almost the only ones that have never been integrated into the Kosovo system, that is, all educational institutions in Serbian communities in Kosovo work in the Serbian system under the auspices of the Ministry of Education of the Government of Serbia. These include preschools, primary and secondary schools, and the University based in North Mitrovica.

When it comes to health institutions in Serbian communities in Kosovo, the Ministry of Health of the Government of Serbia is responsible. In addition to health centers or local clinics, there is also a clinical hospital center in Gračanica near Pristina and North Mitrovica in the north of Kosovo, and a health center in Pasjan, in the Pomeranian region.

The statute stipulates that these institutions become private under the auspices of the Community of Municipalities with a Serbian majority and that Serbia provides a "financial contribution".

Private education and health sector

It is specified that educational and health institutions in Kosovo would have the "status of foreign, private institutions" and that they would receive permits, or licenses to work, in accordance with the current Kosovo law.

"The curriculum is regulated in accordance with the applicable law," reads the draft statute.

Also, there would be a standard of "issuance of double diplomas", Kosovo and Serbian diplomas, which would be recognized by both Kosovo and Serbia.

However, it is still not clear what the educational plan and program would look like in this case, bearing in mind that Kosovo and Serbia have completely different points of view when it comes to history or geography.

Serbia does not recognize the independence of Kosovo, which was declared in 2008, that is, it considers it part of its territory.

The draft statute also states that educational and health institutions can use premises whose construction was financed by Serbia, but that this will not interfere with the already existing Kosovo education and health system.

On the other hand, it is said that the Community will have full competence related to education, which implies cooperation between members, presentation of education policy before the central authorities, to provide legal and financial support to its members, to provide advice to the central authorities regarding the Serbian curriculum in regarding the regulation of the law of Kosovo, to provide advice on amendments to the law on education and so on.

The Association of Municipalities with a Serbian majority should have almost the same competences in the field of health, i.e. it should facilitate cooperation between members regarding the improvement of primary and secondary health, to represent health and social policy before the central authorities, to finance infrastructure projects, equipment and other medical material, to finance or collect funds for social assistance and so on.

Culture, economic development, spatial planning, return

According to its statute, the community of municipalities with a Serbian majority should promote and protect the rights of its members in the fields of culture, language and religion. This means, among other things, the financing of projects related to cultural heritage within the "administrative boundaries" of the Community, and the maintenance, rehabilitation or construction of cultural heritage.

Also, the Community should have full competence at the local level when it comes to economic development, and provide financial assistance in that area.

Full jurisdiction at the local level is also provided for urban and rural spatial planning.

The draft statute also mentions return to Kosovo in accordance with the Regulation on the Return of Displaced Persons from 2018 and current laws.

This decree was adopted by the Government of Ramuš Haradinaj and refers to the creation of necessary conditions for achieving permanent solutions for displaced persons within Kosovo and in the region, who were displaced as a result of the conflict in the period from February 28, 1998 to March 31, 2004.

The regulation provides for the construction of housing units for returnees and internally displaced persons whose property is estimated to be significantly or completely damaged, those in the severe category receive construction materials and employment assistance, those in the middle category are followed by construction materials or a partial assistance package, depending on the number of members .