Civil Society Contribution to EC Progress Report for KOSOVO 2013
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1 Commentary II Civil Society Contribution to EC Progress Report for KOSOVO 2013 November, 2013 Prishtina 1
2 Introduction Each year the European Commission adopts its "Enlargement Package" - a set of documents explaining its policy on EU enlargement and reporting on progress achieved in each country aspiring to join the Union. Most importantly, this package includes the annual Enlargement Strategy Paper which sets out the way forward for the coming year and takes stock of the progress made over the last twelve months by each candidate country and potential candidate. In addition to this strategy paper, the package contains the so-called Progress Reports in which the Commission services present their assessment of what each candidate and potential candidate has achieved over the last year. Since March 2002, the Commission has reported regularly to the Council and Parliament on progress made by the countries of the WB including Kosovo. The progress report briefly describes the relations between Kosovo and the Union; analyses the political situation in Kosovo in terms of democracy, the rule of law, human rights, protection of minorities and regional issues; analyses the economic situation in Kosovo; reviews Kosovo's capacity to implement European standards, that is gradually to approximate its legislation and policies with the acquis, in line with the Stabilisation and Association Process, and European Partnership priorities. This year s report, published on 16 th October, 2013, covers the period from October 2012 to September Progress is measured on the basis of decisions taken, legislation adopted and measures implemented. As a rule, legislation or measures which are being prepared or awaiting parliamentary approval have not been taken into account. This approach ensures equal treatment across all reports and permits an objective assessment. The report is based on information gathered and analysed by the Commission. Many other sources have been used, including contributions from the Kosovo authorities, the EU Member States, the EU Special Representative in Kosovo, the EU rule of law mission (EULEX), European Parliament reports and information from various international and non-governmental organisations. The years 2012 and 2013 were marked with important milestones on Kosovo s European path. Through the assessments made by the Feasibility Study for signing an SAA, Kosovo has a very good perspective of opening negotiations 2 and signing its first contractual relation with the EU. Therefore, civil society contribution is of great value to add to objectivity and credibility of the enlargement process. The EC progress report assessment, among others, continues to rely on nongovernmental organizations input. The Stabilisation and Association Process Dialogue sectorial meetings and plenary with civil society provides great structure to give input. However, the most important contribution is through written input. KCSF regularly sends its input for EC 1 EC Progress Report for Kosovo, 16 th October, Opening of negotiations have been announced for 28 th October, The Council has approved the negotiating directives for an SAA on its meeting held 28 th June,
3 progress report. In addition, this year KCSF has organized training sessions and encouraged Kosovar NGOs to send written inputs to EC. In this regard, by making it public and available to interested NGOs KCSF s written input has been used as a tool to promote and advocate for CSOs contribution to progress report. Below, is the summary of KCSF s written input to EC Progress report for Kosovo 2013 which covers chapters on: I) Democracy and the rule of law, II) Government, Public Administration, Human Rights and the protection of minorities, Civil and political rights, III) Regional issues and international obligations KCSF written input to EC Progress Report for Kosovo 2013 Kosovar Civil Society Foundation (KCSF) provides its input to the EC Progress Reports on the field of civil society development, as well as on main issues on relations between the EU and Kosovo, including regional cooperation. KCSF input covers only the developments for the reporting period beginning of October 2012 end of July Democracy and the rule of law, Government / Public Administration Administrative structures established to run EU integration process in Kosovo Major developments The National Council for European Integration (NCEI) established last year by the President of Kosovo also includes representatives of civil society. The regular members from the sector in the Council are representatives of CIVIKOS Platform, Kosovar Civil Society Foundation (KCSF), Kosovo Chamber of Commerce (OEK) and Association of Kosovo Municipalities (AKK). Since its establishment, the Council has met four (4) times. By mandate given from NCEI, the Ministry of European Integration launched the process of drafting the National Strategy for European Integration. This task is led by the Task Force for European Integration (TFEI), established specifically for this purpose. The TFEI within its seven (7) thematic round tables invited civil society representatives for consultations and contributions during diagnosis phase, whereby some of the thematic tables are chaired by prominent civil society representatives. EU has decided to start SAA negotiations with Kosovo. The government of Kosovo has established a negotiating structure for SAA leaving possibility to invite experts and civil society members to negotiating groups upon need. Main challenges Despite few positive developments, this reporting period has been marked by a number of challenges which can be summarized as the following: National Council for European Integration (NCEI) has been established in order to ensure broad national consensus and increase transparency and communication with 3
4 the public in the EU integration process. The Council has failed to gather all the actors of the opposition. Whereas during council meetings the issues and policies of major public interests have been also kept out of public debate and closed for the media. The Council meetings lack sufficient preparations and follow up. Meetings are scheduled in short notice and lack consistence and rather serve daily politics. This results into general discussions and far from obligations vis-à-vis EU reforms. This practice of work does not provide a fruitful ground for civil society contribution, involvement and monitoring of the EU integration process for Kosovo. The draft National Strategy for European Integration has been finalized in June 2013, however the draft strategy has not been sent yet for discussion and approval to NCEI, neither has it undergone a public consultation process in accordance with the legal provisions in force. 3 Inclusion of all stakeholders into SAA negotiations as per adopted Rules of Procedure is not mandatory. The experience of other countries of the region which have undergone SAA negotiations in the past years shows that, having all stakeholders on board including civil society, academia, trade unions and individual experts within SAA negotiation rounds ensures inclusive and participatory approach and secures additional sources of needed expertise Human Rights and the protection of minorities, Civil and political rights The current state of play in civil society development and civil dialogue Major developments Civil society has been successful in engaging government to support its initiatives for establishing a structured cooperation between two sectors. A governmental strategy for cooperation with civil society has been initiated in late 2011 and has been adopted on 5 th of July The Strategy provides the main directions for government policies and mechanisms with regards to civil society participation in policy-making, service provision from CSOs and public funds for civil society. The drafting process was inclusive and numerous CSOs led the process and contributed to the document. In early 2013, drafting of the Administrative Instructions deriving from the Law on Freedom of Association in NGOs has been initiated, in close cooperation with civil society organizations. Based on the obligation for public consultations deriving from the Rules of Procedures of the Government, many Ministries have invited CSOs to provide their written contributions to the draft-laws and other documents. During 2012, more than 80 draft-documents have been published for public consultations, 3 This contribution to EC Progres Report was sent in July, The National Strategy for European Integration has been discussed and approved at the NCEI held on 7th October,
5 The Constitutional Court declared non-compatible with the Constitution a number of provisions of the Law on Banks, Microfinance Institutions and Non-bank Financial Institutions, thus preventing the transformation of Microfinance NGOs into joint stock companies. This Law was adopted by the Assembly of Kosovo on 12th of April 2012, without any formal involvement of civil society, which expressed serious concerns on transformation of non-for-profit capital to private capital. Following an intensive advocacy and public campaign in opposing the transformation, and after exhaustion of all legal remedies, a number of NGOs used the institution of the Ombudsman to file a request to the Constitutional Court. Main challenges Despite few positive developments, this reporting period has been marked by a number of challenges, which hamper development of civil society. Most of the challenges derive from the lack of political willingness to constructively engage with civil society, causing serious deficiencies of transparency and accountability, and poor implementation of existing legislation. Yet, one of the most important consequences is the lack of capacities of institutions responsible for cooperation with civil society. Moreover, government and other public institutions have been unwilling to address the issue of human and financial capacities for many years now. The outcome of these deficiencies directly impacts the following: The Governmental strategy for cooperation with civil society adoption was shadowed by of the proceedings of the Government with regards to the Law on Amnesty that was happening in the same period the breach of consultation for such an important law immediately endangered the implementation of the main component of the Strategy, which aims to promote participation of civil society in drafting and implementation of public policies and laws. A lack of ownership on the adopted documents and difficulties in implementation are evident, since most of the progress achieved was based on the civil society input solely. This was the case on the requirements for public consultation, governmental strategy for cooperation with civil society, administrative instructions of the NGO Law, etc. Since the Governmental Strategy for cooperation with civil society includes most of the necessary measures for improving the environment for civil society in Kosovo, its timely and full implementation is of crucial importance. Only with a substantial change of the political willingness and increase of capacities of responsible institutions such an implementation can be expected. The level of implementation of the Law on Access to Public Documents is low, making the access to public documents difficult for all interested parties. Currently, the provision of information from public institutions is selective without any standard or criteria, in particular with regards to issues considered of high political and economic interest. In addition, the issue of Classified Documents, although regulated by law, is often misused by civil servants and politicians who are unwilling to provide specific information or unjustifiably delaying timely provision of information to the public. 5
6 Only few of public consultations conducted by the Government have respected the legal requirements of timely and adequate information, period for contribution, institutional setup and feedback on the results of consultations. Furthermore, the breach of Rules of Procedures of the Government and Assembly in passing the Law on Amnesty with regard to the requirements for public consultations (see attached open letter by KCSF on that matter) has sent an extremely negative signal as per the real political will to participatory policy making including in the areas of high importance such as laws pertaining to the constitutional category. Public consultation is not only a legal requirement, but it is a basic and necessary tool for reflecting the interests of citizens in policies and laws drafted by their elected representatives. Absence of proper consultation has often resulted with poor quality legislation and harmed its implementation. In Kosovo, laws and policies of major political and economic interests are often kept out of the public debate and scrutiny, due to the lack of mechanisms of implementation, monitoring and evaluation for the process of public consultations at central level. The Law on Banks, the Law on Amnesty and the entire package of Laws for Visa Liberalization process are only some of many examples of non-transparent and non-inclusive decision-making on important legislation, despite the legal requirements to conduct public consultations. The financial reporting for NGOs remains identical to private businesses. This is due to the low understanding of specific nature of the non-for-profit sector on the side of Tax Administration and decision-makers, exposing NGOs to difficulties in their daily operation with regards to taxes and reporting. The financial reporting requirements need to be amended so to take into account the specific nature of the NGOs and be proportionate to the size of the organization and its type/scope of activities. The benefits of CSOs with public benefit status are not specified in the Law on Freedom of Association in NGOs, and concrete tax exemptions have to be clearly provided in respective tax and custom laws. In the respective tax laws, the few existing benefits are quite ambiguous, making the tax deductions for individual and corporate donations to CSOs almost inexistent and subject to interpretation of officials. Kosovo institutions officially do not have any state or public funding for civil society. However, recent studies show that around 8% of civil society funds come from governmental sources 4, while no criteria and procedures on disbursing and using these funds exist. Law on Freedom of Association in NGOs requires all public institutions that cooperate and financially support civil society to have predetermined and transparent criteria for this support. So far, this requirement has produced no effects in practice, neither in developing legal instruments, nor in developing administrative and human capacities. Thus, a specific framework for principles and standards of public funding for civil society needs to be initiated, based on a wide debate and contribution from all parties involved
7 2.3 Regional issues and international obligations Major developments and challenges with regards to regional participation Major developments Kosovo s main achievement on the regional cooperation fora is the decision of the Regional Cooperation Council (RCC) Board to amend the statute and the list of participants of the organization, reflecting the results of the EU-mediated dialogue between Belgrade and Prishtina. Hence, Kosovo becoming one of the 27 participants of the RCC Board, on February 28, Main challenges Regional cooperation momentum built up lately for Kosovo is not being advanced effectively by the government for Kosovo s participation/membership and ultimately benefit from other regional initiatives and task forces. Kosovo s RCC participation risks being an open-ended objective in itself without a proper followup for membership in other regional structures and activities. The government of Kosovo should devote administrative resources and most importantly appoint a National Coordinator for RCC, who will be able to actively contribute as well as make the appropriate link between Kosovo and RCC, in order to benefit from structures and projects of RCC and its regional initiatives. Conclusions This written input was used as a model to encourage civil society organizations for contribution and participation in European agenda for Kosovo. As a result a dozen of NGOs have sent their written contributions and also invited by EC to consultations held in Brussels. Last but not least, thanks also to continuous advocacy directed towards EC, for the first time the Commission has included a separate paragraph on civil society under the heading 2.1 Democracy and rule of law which reads: Civil society 5 The task forces on European integration and the National Council on European integration have continued to involve representatives of local civil society. The government s strategy and action plan on cooperation with civil society for was prepared with the involvement of civil society representatives. It was adopted in July. Cooperation between civil society organizations and the institutions of Kosovo continues to be ad hoc. Even when public consultations on draft legislation take place, follow-up is often unsatisfactory. There is limited public funding for e.g. social services delivered by civil society on behalf of the authorities. The central and local authorities need to improve cooperation with civil society, notably as regards defining and executing public policies. 5 EC Progress Report for Kosovo, 16 th October, Page 11 7
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