K O S O V O

S T A N D A R D S

I M P L E M E N TAT I O N

P L A N

31 March 2004

EXECUTIVE SUMMARY

The Kosovo Standards Implementation Plan

The Kosovo Standards Implementation Plan (KSIP) sets out the actions and policies to reach the standards set out in the document “Standards for Kosovo” published in Pristina on 10 December 2003 and subsequently endorsed by the UN Security Council in its statement of 12 December. The “Standards for Kosovo”, and in particular its introduction, establish the legal foundation and guiding principles for this implementation plan.

The “Standards for Kosovo” describe a Kosovo where public institutions are representative and democratic, where the rule of law is effective, respected and accessible to all, where those IDP’s who wish to are free and able to return to Kosovo without hindrance, threat or intimidation, where all individuals, regardless of ethnic background, can travel and work safely, and use their languages (and where that use is respected) anywhere and in any institution of Kosovo, where the framework for a functioning market economy is in place and where the Kosovo Protection Corps operates strictly within its mandate; furthermore, the standards describe a Kosovo where Pristina is participating in successful dialogue with Belgrade and where Kosovo is in stable and peaceful relationships with its regional neighbours. In short, a truly multi-ethnic, stable and democratic Kosovo which is approaching European standards. In this regard, the standards process is in harmony with Kosovo’s parallel European Union Stabilisation and Association Process Tracking Mechanism (STM). These processes are mutually reinforcing.

The “Standards for Kosovo” document describes this objective in detail. The “Standards for Kosovo” remains the target for Kosovo. Progress against this target will be the basis for any review in mid-2005 to begin consideration of Kosovo’s final status.

Achievement of the standards also requires co-operation from the government of Serbia and Montenegro in Belgrade. We urge their constructive engagement in a process designed to protect and promote the interests of all communities in Kosovo.

Structure of the KSIP

The Kosovo Standards Implementation Plan (KSIP) describes actions to be undertaken by the PISG and other institutions to achieve the standards. UNMIK’s actions, in most elements of the Plan, are in support of the PISG. In some cases, in particular for areas of reserved competence (such as the Rule of Law), UNMIK bears the primary responsibility for action since it bears legal and functional responsibility for these standards. In some cases, actions are to be jointly undertaken by the PISG and UNMIK, but, in all respects, achievement of the standards requires cooperation and collaboration of the PISG and UNMIK.

The KSIP sets out in detail what actions are designed to meet the standards (“Action”), who is responsible for undertaking that action (“Responsible Actor”), who will support the principal actor (“Supported by”) and when the action is planned to take place (“Timeline”).

In each section of the KSIP, the introductions set out in detail the strategy and priorities to reach the standards in that area.

Immediate Priorities

In the light of the violence of 17-20 March 2004, the immediate priority is the establishment of the rule of law, prosecution of perpetrators and public respect for law and order. This is the responsibility of all the people of Kosovo. In addition, there must be rapid steps, primarily undertaken by the PISG, to rebuild damaged and destroyed property and actively to facilitate the return of those displaced from their homes. There need to be steps taken, led by political leaders, to begin to effect reconciliation between the communities.

In the longer run, it remains vital that there be progress in all areas of the standards. But within them, there are some key priorities.

It is essential that Kosovo’s institutions, including the institutions of government, the Assembly and municipal-level bodies make more progress in allowing the full participation of all communities and in producing and implementing policies that fully protect the rights and reflect the needs of all communities. Political parties, particularly in an election year, bear the same responsibility. The participation of all communities, and policies and actions to facilitate such participation, is central to the standards process.

Meanwhile, there will be a greater effort to examine new institutional arrangements to allow more effective local government, accountable to local communities, and to integrate parallel structures into Kosovo’s institutions. Both goals will be taken forward in discussion with leaders of all communities in Kosovo, with the overall aim to produce institutional arrangements that are acceptable and effective for all and which thus help lay sound foundations for Kosovo’s future. The dismantling of parallel structures will also require the cooperation of the government of Serbia and Montenegro.

An effective rule of law requires above all that every member of every community in Kosovo is able to live, work and travel in a peaceful and secure environment. Recent events have demonstrated how far there is to go in attaining this goal. Such an environment requires not only an effective and professional police service and judiciary but above all the active cooperation of every inhabitant of Kosovo. There must be coordinated action to enforce and protect property rights and end illegal occupation of property.

The standard of freedom of movement is also some way from being met. It is the responsibility of the PISG to institute policies that enable members of every community to travel, live and work freely anywhere in Kosovo. These policies are now being examined, and may be revised, to ensure that they can effectively meet this target. Likewise, it remains a standard that all those IDP’s who wish to do so should be helped to return to their homes. This requires action from the PISG at central and municipal level, supported by UNMIK, and the support of all communities in Kosovo and their leaders.

There must be more dynamic action to energise Kosovo’s economy. This requires that there is a clear legal framework, responsible management of the budget and transparent economic policy-making. There needs to be more rapid progress in privatisation. All these actions will facilitate investment – both internal and external - and job-creation.

Review of the KSIP

The KSIP will be reviewed in future months and revised as actions are fulfilled and new ones are identified. In particular, the section on returns and freedom of movement will be thoroughly reviewed in the light of recent events, in order to ensure that planned actions can effectively fulfill these essential standards. The purpose of future revisions will be to ensure that actions contained in the plan effect maximum progress towards the standards as set out in “Standards for Kosovo”.

Assessment

Assessment of the progress of the PISG and Kosovo as a whole against the standards will be performed on a quarterly basis by the United Nations, in consultation with other key international partners (such as the Contact Group and European Union), and will be reported to the Security Council by the UN Secretary-General.

31 March 2004

1. FUNCTIONING DEMOCRATIC INSTITUTIONS

“The Provisional Institutions of Self-Government (PISG) are freely, fairly and democratically elected. The PISG governs in an impartial, transparent and accountable manner, consistent with UNSCR 1244 and the Constitutional Framework. The interests and needs of all Kosovo communities are fully and fairly represented in all branches and institutions of government. Those communities participate fully in government. The laws and functions of the PISG approach European standards. The PISG provides services for all people of Kosovo throughout the territory of Kosovo; parallel structures have been dismantled.”

The Provisional Institutions of Self-Government (PISG), elected municipal bodies, the media and civil society are expected to play a determining role in the achievement of the Standards for Kosovo overall. The events of 17-20 March, however, indicate that the efforts by institutional and civil society actors in the Kosovan society need to be intensified to establish inter-communal tolerance, respect and co-operation . The active contribution of the PISG and civil society to the building of confidence between all communities is essential for the foundations of democracy in Kosovo and for the sustainability of its institutions.

Elections

Current Situation

Since 1999, the three election cycles in Kosovo have been almost exclusively international undertakings. From 2004 and onwards, elections will be managed to an increasing extent by a Kosovan electoral administration, a multi-ethnic Central Electoral Commission (CEC) and its Secretariat.

Challenges Ahead

The elections slated for autumn 2004 present challenges for Kosovo; the challenge of achieving inclusiveness has become more pressing after the March violence. However, they also present an opportunity to build on the legacy of free, fair, inclusive and democratic elections from the three previous cycles. To make the election processes sustainable, their cost-effectiveness shall also be ensured, without compromising the international standards for elections. The political parties participating in the Kosovo elections have a responsibility towards the electorate to increase their internal democracy, transparency, and accountability. To achieve that aim, they should amend their statutes where necessary to bring them in harmony with relevant legal provisions, actively promote the democratisation of their structures, and comply with requirements of financial reporting, both on their electoral campaigns and on an annual basis.

Priority Actions

The following actions should be prioritized:

· CEC provides a level playing field for political entities, candidates, and eligible voters to participate in the elections without discriminating against any community.

· CEC operates a sustainable programme that allows IDPs and refugees to choose to participate in elections even if their ability to return to Kosovo is curtailed.

· Elections are held that are determined by local NGOs and international organizations, certified to observe the elections, to be free and fair and to satisfy basic standards of universality, transparency, and ballot secrecy.

· Political parties should comply fully with the legal framework for their operation and financial accountability, including amending their statutes where necessary to bring them into compliance with applicable law.

· In the run-up to the elections, the political parties encourage community reconciliation and should refrain from indulging into divisive policies that could encourage inter-ethnic hatred

PISG

Current Situation

While some progress has been made by the Provisional Institutions of Self-Government in consolidating their functioning democratic underpinnings, the PISGs still suffer from institutional, systemic and human resource capacity problems. These pose limitations to the achievement of the overall objectives of fairness, multi-ethnicity, efficiency and transparency, which are critical for the sustainability of the institutions and stability in the region.

Challenges Ahead

Recent events showed the need for the PISG to play a much more active role in fostering a multi-ethnic and inclusive society in which all communities have a sense of effective participation and none feels discriminated against. In addition, institutional mechanisms should be strengthened and human resources capacity enhanced, with a view to eliminating “ad-hocism” in policy-making, as well as corruption and inequities in service-delivery.

Priority Actions

The Standards Implementation Plan enjoins the PISG to address these challenges through:

· Involvement of all communities in a meaningful manner in decision-making, and promotion of an atmosphere of tolerance and co-operation among them;

· Adherence to the overall legal framework for their respective activities;

· Enhancement of institutional efficiency by further consolidating legal and administrative systems and procedures in governance;

· Implementation of norms and procedures in all activities and effecting service delivery in a transparent, fair, equitable and sustainable manner and without discrimination or favour;

· Playing a constructive role in addressing issues such as decentralization of local government and integration of parallel structures in the PISG structures;

Media/Civil Society

Current Situation

The media and civil society have an important part to play in monitoring and enhancing democracy in Kosovo. In particular, action needs to be taken to ensure professional, responsible, and non-discriminatory media that caters to all ethnic communities. The violence of 17-20 March and the irresponsible role played by some in the media underlines this need.

Challenges Ahead

The media should ensure access to information by all communities in their mother tongue, and education in journalism should be made available without discrimination, in order to create a firm basis for qualitative journalism in the future. Media should be ready to perform in a professional way when confronted with challenges of ethnic tension, and foster notions of ethnic tolerance and co-operation. Civil society organisations, without discrimination as to what communities they represent, should be allowed to function in Kosovo without hindrance and within the law, and their role of effectively representing their interests should be facilitated.

Priority Actions

The following actions should be prioritized:

· Put in place a comprehensive media regulatory system, including the establishment of the Independent Media Commission (IMC), in accordance with European standards.

· Create a multi-ethnic press council, to provide print media with a necessary self-regulatory system, including a system for eliminating hate speech.

· The role and functioning of the Kosovo public broadcaster should be supported and regulated by law.

· Permanent structures that would provide civil society organisations with more access to public policy making should be established and respected.

1. Elections

Standard	Action	Responsible Authority	Supported By	Timeline
1. Elections are regular, transparent, free and fair, conforming to international standards, allowing the full and peaceful participation of all communities and ethnic groups.	1.1 Certify local NGOs and international organizations to observe elections. Elections are determined by observers to be free and fair and to satisfy basic standards of universality, transparency, ballot secrecy.	CEC	Pillar III, Observers	March-November 2004 and future elections
	1.2 Organize a sustainable and cost effective field operation, including management of the budget.	CEC and Secretariat, Municipal Authorities, MECs OPM, MPS, MEST, MFE	Pillar III	March-November 2004 and future elections
	1.3 Provide adequate voting sites to all communities in Kosovo. Adequate security and other measures if freedom of movement to assigned polling stations is inadequate.	CEC and Secretariat, Municipal Authorities	Pillar III, Pillar I (Police), KFOR	March-November 2004 and future elections
	1.4 Cooperation with municipal level to dedicate local resources without delay in support of the preparation and execution of polling day activities.	CEC and Secretariat, Municipal Authorities	Pillar III	Ongoing
	1.5 Provide sufficient public information on how, what, when and where voting will take place.	CEC and Secretariat, all Media	Pillar III	March-November 2004 and future elections
2. Internally-displaced persons and refugees continue to be fully included in the Kosovo election process and their ability to vote is facilitated.	2.1 Operate a sustainable program, to allow IDPs and refugees to choose to participate even if their ability to return to Kosovo is curtailed.	CEC	Pillar III	Operation phase starts March 2004, and future elections
	2.2 Conduct outreach for participation by eligible out-of-Kosovo voters.	CEC and Secretariat, Media, Political Entities	Pillar III	March-November 2004 and future elections
3. An independent, representative and multi-ethnic Central Election Commission administers elections.	3.1 Multi-ethnic and continuously operationalCEC is established, as provided under electoral framework.	Mandated body under electoral framework	Pillar III	March 2004
	3.2 Provide a level playing field for political entities, candidates, and voters to participate in the elections. CEC decisions do not discriminate against any community in Kosovo and take into consideration specific interests of all communities and the need to build a stable multiethnic community in which the interests of all communities are clearly and equitably represented and served.	CEC	Pillar III	2004 onwards
	3.3 Electoral rules and procedures approved in a timely manner. Diverging political or ethnic interests are not allowed to create operational stalemate. The interests of all communities are taken into account and are specially considered when determining electoral rules and procedures. Gender equality considerations shall also be taken into account.	CEC	Pillar III	March 2004
	3.4 Monitor the thorough implementation of the legal dispositions regarding the participation of women in the electoral process, in line with European Standards.	CEC	Pillar III	Ongoing
	3.5 Ensure a cost-effective electoral process which satisfies international standards	CEC and Secretariat/MFE	Pillar III	Ongoing
4. A comprehensive legal framework covering political party operation and finances is adopted and enforced	4.1 Adopt comprehensive Political Party Regulation, including sanctions for non-compliance	Political parties Pillar III	Pillar III	March 2004
	4.2 Political parties comply with terms of the regulation and amend their statutes where necessary to bring them into compliance with its requirements , including: Political party representatives and organs are democratically elected and on a regular basis. Political parties regularly submit their financial reports, as prescribed in the Regulation. Parties which have not submitted their annual financial reports for 2002 and 2003 do so, as provided under AD 2004/1. Political Parties allow and cooperate with auditing of their finances. If public funding for political parties is available, establish formula for its allocation and distribution that does not discriminate against reserved seats in the Assembly.	Political Parties Assembly	Pillar III Pillar III	Start when Regulation in force As soon as possible
5. A range of democratic political parties contests elections.	5.1 Certify all political parties which satisfy registration and certification requirements.	CEC	Pillar III	Certification period
	5.2 Establish effective and efficient complaints and appeals procedure for refusal of certification to participate in the elections.	ECAC/ CEC	Pillar III	Ongoing

2. Provisional Institutions of Self - Government

Standard	Action	Responsible Authority	Supported By	Timeline
6. All communities are proportionately represented at all levels of the PISG, in accordance with applicable legislation. The PISG and local municipal government decide and enact legislation in an open, accountable and democratic manner.	6.1 Implementation of established administrative instruments for providing representation to communities, based on their population, in all central provisional government offices.	PISG (MPS, Government)	Pillar II	Ongoing, administrative instruments established.
	6.2 Determination of minimum representation standards, based on population criteria, for municipal level offices, taking into account the right and the demand of refugees and IDPs to return.	MPS/ Municipalities	Pillar II	July 2004
	6.3 Development and implementation of plans designed to increase and encourage participation of the communities in the civil service esp. at senior levels (e.g. outreach programs and rules for operating rosters for filling up vacancies keeping in view the legislation and standards so developed and notified). Communities participating in the civil service do so in an atmosphere of tolerance and respect for each other.	MPS; Pillar II	Pillar II	September 2004 and onwards
	6.4 Enhancing access to employment information by all communities, including IDPs(e.g by increased use of all communities media for vacancy announcements).	All PISG	Pillar II and Pillar III	From January 2004 onwards
	6.5 Organisation of special recruitment drives for removing back-log of communities’ vacancies in PISG at central and local levels.	All PISG	Pillar II	From January 2004 onwards
	6.6 Establish structure, e.g. a separate office with representation from all communities, to monitor communities’ representation in the PISG.	OPM/MPS	Pillar II and Pillar III	June 2004
	6.7 Staff records maintained and statistics produced (gender, ethnicity, age, seniority) by all PISG offices.	All PISG	Pillar II	December 2004
	6.8 Rules of Procedure for the Conduct of Assembly business to be reviewed, well defined, notified and adhered to. The Rules should be in accordance with the Constitutional Framework and internationally accepted norms for legislatures.	Assembly	OLA	As soon as possible
	6.9 Rules of Procedure for Assembly incorporate provision for consultative process (public hearing of draft laws, conformity with EU aquis etc.) in accordance with European practices, and there is no breach of such provisions.	Assembly, OPM	Assembly Support Initiative, OLA	As soon as possible
	6.10 Rules of Procedure of the Assembly provide for debates/question time to review work of Ministries.	Assembly, OPM	Pillar II and Pillar III	As soon as possible
	6.11 Rules for conduct of Government Business to be formulated notified and adhered to. The Rules would inter-alia specify the class of cases that will require the approval of the Government and the procedures for inter-ministerial consultation and examination of technical issues before consideration by Government.	OPM	Pillar II	September 2004
	6.12 Rules for conduct of municipal business adopted and implemented by each municipality. The Rules should inter-alia provide for inter-departmental consultations, public consultations and consultation with communities’ committees/ groups.	MPS/ Municipalities	Pillar II	September 2004
	6.13 Government and Municipal policy decisions are screened for compliance with equal opportunity/ human rights/ gender equality/ communities’ interests.	All PISG/ AOGG (OPM)	Pillar II and Pillar III	Continuous
	6.14 Joint (UNMIK-PISG) Gazette publication to start. All PISG legislative issuances and Administrative Directions and Instructions to be notified in the Joint gazette in all official languages.	PISG(OPM) and Pillar II	Pillar II	June 2004
	6.15 Information provided in a timely and constructive manner to UNMIK personnel assigned to monitor Ministries, Assemblies and Municipalities on impending policy decisions and processes.	All PISG	Pillar II and Pillar III	Continuous
	6.16 Assembly does not recommend for promulgation any law that is inconsistent with UNSCR 1244 and the Constitutional Framework.	Assembly	O/SRSG (OLA) and Pillar III	To start immediately
7. All official languages are respected throughout the institutions of government.	7.1 Establish structure/unit, to oversee the implementation of the official language policy that adequately meets the requirements of the communities. Corrective actions to be taken on infringement of the policy.	PISG, OPM	Pillar II	June 2004
	7.2 PISG issues Executive Direction and ensures implementation of the Official Language Policy laying down mandatory norms to be followed by PISG offices.	PISG, OPM	Pillar II	June 2004
	7.3 Statistics/report on compliance with official language policy from all government Ministries and Municipalities are obtained and published.	OPM	Pillar II	December 2004
	7.4 PISG assign responsibility within each Government Office to ensure implementation of official language policy.	OPM, All Ministries	Pillar II	December 2004
	7.5 A Kosovo Assembly Committee (with requisite community participation e.g. the Committee on rights and interest of communities) is empowered t oversee the implementation of official language policy.	Kosovo Assembly	Pillar III	December 2004
	7.6 Adequate staffing and financial resources allocated to offices for ensuring that translation and interpretation facilities are available in a timely manner.	PISG, MFE	Pillar II	March 2004
	7.7 Government approves panel of translators for translating documents, together with corresponding rates, to ensure timely translations of official documents.	OPM, MFE	Pillar II	June 2004
	7.8 Legal instruments concerning names of cities, villages and municipalities etc are respected, and changes to them are addressed through appropriate legal instruments that are developed through consultation between UNMIK and the PISG.	UNMIK, PISG		Ongoing
8. PISG and Municipalities ensure the availability of basic public services such as health care, utilities and education, without discrimination to all communities in Kosovo.	8.1 Functional Joint Steering Board on Public Administration (chaired by the Prime Minister and including Heads of UNMIK Pillar II and III) to provide strategic guidance and coordination for strengthening public administration in Kosovo.	OPM	Pillar II and Pillar III	Board established.
	8.2 Development and announcement of a Public Administration Strategy by Government, with concrete objectives and a strict implementation time-table, as a follow-up of the initiatives flowing from the expert studies already conducted and a proposed workshop with local and international stakeholders.	OPM	Pillar II	February 2004- June 2004
	8.3 PISG, Ministries and Public Service providers formulate and publish standards of services they will provide to the citizens, to be measured periodically through Citizens' Report Cards. Ensure that the formulation of public services standards fully takes into consideration the specific needs and interests of women.	All PISG, AOGG (OPM)	Pillar II	December 2004
	8.4 Anti-discrimination law is adopted and enforced, in compliance with relevant European standards.	OPM, Kosovo Assembly	Pillar II and III	As soon as possible
	8.5 All PISGs, Municipalities and Public Service Providers prepare and implement annual sub-component plans (as a supplement to their detailed budgets) specifying, in physical and financial terms, the measures to be taken for addressing the needs of communities that constitute the minorities in their areas. The sub-component plans should conform to the norms of fair-share financing.	All PISG Ministries and Municipalities	Pillar II.	April 2004 for preparation- Implementation thereafter
	8.6 Report on the communities’ sub-component plan to be made an integral part of the annual reports of the Ministries, Municipalities and Service Providers.	PISG Ministries, Municipalities and Service Providers.	Pillar II	Annual
	8.7 Appropriate administrative institution in PISG identified, (with adequate community representation), for evaluating service delivery to communities-including the provision of public utilities- and publication of reports by such institutions on a quarterly basis.	OPM	Pillar II	May 2004
	8.8 All PISG Ministries and municipalities establish public grievance redressal offices with adequate community representation, including a system for accepting and engaging with public utilities providers on claims of inadequate utility service provision .	All PISG Ministries and Municipalities and Public utility providers	Pillar II Pillar IV	September 2004
	8.9 PISG designate a responsible office to engage with Public Utilities to address inequalities in service provision to communities and their representation/employment within the utilities sector, particularly in customer services and technical support.	PISG, OPM	Pillar IV	May 2004
9. The civil service is professional, impartial and accountable, representative of all communities in Kosovo and includes a significant proportion of women.	9.1 Organisational structures in the Ministry Headquarters (Secretariat) to be standardized.	OPM with MPS and other Ministries	Pillar II	September 2004
	9.2 Administrative direction to be issued delegating administrative and financial responsibilities by Ministers to various civil service levels in PISG Ministries, permitting routine administrative functions to take place without political interference.	MPS, MFE	Pillar II	June 2004
	9.3 Disciplinary procedures of the civil service to be elaborated.	MPS	Pillar II	June 2004
	9.4 Comprehensive Plan to be approved, duly supported by financial resources, for capacity building of civil servants, including technical and leadership training. The plan should have at least the following: Definition of KIPA’s role; Definition of professional standards for key posts (finance, personnel, legal, planning) in Ministries and Municipalities; Assessment of capacity gaps; Updated training needs assessment; Training Plan for year 2004 and 2005;	MPS	Pillar II and Pillar III	September 2004
	9.5 Recruitment procedures to be reviewed and elaborated to insulate them from political interference and to enhance transparency. Mechanisms for addressing recruitment related issues/ complaints to be strengthened by operationalising the Independent Oversight Board.	MPS	Pillar II	Ongoing
	9.6 Investigate thoroughly all incidents of discrimination and harassment in the workplace by public servants and elected officials (see also 8.4 on Anti-Discrimination law).	MPS, AOGG	Pillar II and Pillar III	Ongoing
	9.7 Performance Appraisal System for civil servants established and functional.	MPS	Pillar II	September 2004
	9.8 Produce and notify specific set of regulations for parliamentary staff, in line with Kosovo civil service provisions.	Assembly (Presidency and Secretariat)	Assembly Support Initiative	First half of 2004
	9.9 Actions for representation of communities and women in the PISG (as elaborated elsewhere in the paper)	PISG (OPM)	Pillar II	Ongoing
10. All communities have fair access to employment in public institutions.	Same as 6.1 to 6.7 and 8.4
11. Code of conduct and enforcement procedures exist to provide for transparent and accountable government; recommendations of Ombudsperson are given full weight.	11.1 Preparation of Rules of Government, as stated above in standard 6.	OPM; MPS	Pillar II	September 2004
	11.2 Rules of Government, Rules of Procedure and Codes of Conduct adhered to by PISG in practice and action taken by Government for violations.	All PISG	Pillar II	March 2004 onwards
	11.3 Information on PISG policies and executive actions made available timely and readily by PISG to UNMIK monitors at central and municipal levels.	All PISG	Pillar II	March 2004 onwards
	11.4 Ministries, Municipalities and Public Utility Entities publish annual reports including their financial statements. The reports are provided to the Kosovo Assembly, Municipal Assemblies and UNMIK structures within three months of the closing of the year.	All PISG	Pillar II	March 2004 onwards.
	11.5 Code of Conduct (including provision for financial disclosure) for political appointees is drafted and adopted. Mechanism established for enforcement of the Code.	OPM	Pillar II and Pillar III	September 2004
12. Regular and independent audit of KCB, Assembly, government ministries and municipalities.	12.1 Audit plans drawn up by Auditor General’s Office every year in advance, and notified.	Auditor General	Pillar IV	March 2004
	12.2 Auditor-Generals reports submitted to SRSG and the Assembly.	Auditor General	Pillar IV	December 2004
	12.3 Internal Audit Units established for main expenditure units of KCB, and internal audits conducted.	MFE with PISG and Auditor- General	Pillar II	June 2004
	12.4 Results on implementation of audit recommendations notified by each PISG expenditure unit.	All PISG	Pillar II	Annual
	12.5 Kosovo Assembly Budget Committee, or a functional sub-committee of it, oversees public expenditures in PISG Ministries and budget organizations.	Kosovo Assembly	Pillar II and Pillar III	Start June 2004 and onwards
13. Allegations of misconduct are thoroughly investigated, elected officials and public servants responsible for unethical, fraudulent or corrupt behaviour are effectively disciplined.	13.1 Adopt and implement Anti-Corruption Strategy for Kosovo, including an Anti-Corruption campaign.	Government, PISG	EAR/GTZ Pillar II	Adoption by April 2004 and implementation from April onwards
	13.2 Promulgation and enforcement of an Anti-corruption law.	MPS; Kosovo Assembly	Pillar II	September 2004
	13.3 Discipline and Appeal Boards established and functioning in all PISG organizations.	All PISG	Pillar II.	September 2004
	13.4 Establishment of central anti-corruption body and designation of vigilance officers in Ministries and government offices.	OPM; All Ministries	Pillar II	September 2004
	13.5 Code of conduct for elected officials and civil servants drawn up and adhered to. Codes of conduct provide that all public officials and civil servants contribute to the establishment of an atmosphere of tolerance between all communities.	OPM; Kosovo Assembly	Pillar II and III	September 2004
	13.6 Enforcement mechanism for Code of conduct for elected officials and civil servants is in place.	OPM	Pillar II and III	September 2004
	13.7 PISG identify and punish elected officials and civil servants inciting inter-ethnic violence or hatred between communities, or failing to discharge responsibilities to prevent such violence or hatred.	All PISG	UNMIK	April 2004 onwards
14. Proposed Assembly legislation is reviewed and cleared by Assembly Committee on Rights and Interests of Communities prior to adoption by the Assembly.	14.1 Amendments proposed by the Committee on Rights and Interests of Communities should be carefully reviewed and voted on. Representatives from all communities participate in the drafting of laws. The draft laws and decisions proposed by representatives of smaller communities are considered with due respect.	Kosovo Assembly	Pillar III	March 2004
15. Women participate in the institutions of the PISG at rates that equal or exceed rates in the region and the interests of women are fully reflected in its policies and legislation.	15.1 Promulgate and disseminate widely the Law on Gender Equality.	OPM, Assembly	Pillar II	March 2004
	15.2 Create the Office of Gender Equality at the highest possible level of government with a clear mandate and adequate resources and create capacity that enables it to influence policies and formulate Kosovo-wide strategies.	PISG	Pillar II	June 2004
	15.3 Develop, disseminate and implement the Kosovo Action Programme for Gender Equality.	Government, Office of Gender Equality	Pillar II	September 2004
	15.4 Set up, make functional and/or strengthen mechanisms for gender mainstreaming envisaged by the Law on Gender Equality: · Inter-ministerial Council for Gender Affairs; Gender Affairs Officers in Ministries; Municipal Gender Offices; Gender Equality Attorney.	PISG (Office of Gender Equality),	Pillar II	December 2004
	15.5 Set clear targets and implement affirmative actions to substantially increase the number and enhance the position of women within PISG structures.	Office of Gender Equality, PISG.	Pillar II	Ongoing
	15.6 Maintain and publish statistics on positions occupied by women in PISG on an annual basis.	All PISG, Office of Gender Equality	Pillar II	Ongoing
	15.7 Electoral Process ensures at least the existing level of representation of women in elected positions.	Political Parties	Pillar II and III	Ongoing
16. The proposals of decentralization of the COE have been examined and considered with the aim to create functional structures of local government.	16.1 Proper examination of the CoE proposals in the Government keeping in view the European charter on local self-government and other European standards. Examination of proposals is done in co-operation with UNMIK and representatives of all communities and takes into consideration all interests.	OPM; MPS; Kosovo Assembly, Municipalities	Pillar III and Pillar II, Council of Europe	September 2004
	16.2 Establishment of joint Task Force with the UNMIK and agreement on implementation modalities.	Government, UNMIK	UNMIK to coordinate functioning of the TF.	December 2004
17. Parallel structures for the provision of services have been dismantled or integrated into PISG structures.	17.1 Develop strategy to reduce demand for and dismantleparallel structures and integrate them into PISG structures.	All PISG, UNMIK		By summer 2004
	17.2 Start implementation of strategy.	PISG; UNMIK		September 2004
	17.3 Negotiation with Belgrade on technical issues.	PISG; UNMIK	O/SRSG, Pillar II	To start ASAP

3. Media and Civil Society

Standard	Action	Responsible Authority	Supported By	Timeline
18. A range of private, independent print and broadcast media exists, providing access to information for all communities throughout Kosovo.	18.1 Develop strategic plan for minority broadcasting that is consistent with the European Convention on Minority Rights.	Temporary Media Commissioner, PISG	Pillar III	January- March 2004 to prepare draft plan for comment
	18.2 Endorsement and implementation of plan by PISG	PISG	Pillar III	March-April 2004 and onwards
	18.3 Develop and implement a long-term licensing planthat ensures a sustainable, dual public/private broadcasting sector and serves the needs of minority communities in accordance with European standards.	Temporary Media Commissioner/Independent Media Commission, OPM	Pillar III	April-June 2004 and onwards
	18.4 Establish local institutions for education in journalism at undergraduate and graduate levels. Curriculum meets European standards. Establish Department of Journalism	MEST, Universities MEST	Pillar III, NGOs	September 2004 October 2004
	18.5 Copyright law is passed and enforced.	Assembly, MCYS	Pillar III, Authors’ Association.	July 2004
	18.6 Ensure freedom of information is respected, including implementation of the Law on Access to Official Documents.	All PISG	Pillar III	June 2004
	18.7 Establish award for media outlet/journalist best promoting democratic values and reconciliation in Kosovo.	PISG, Media Associations	Pillar III, Temporary Media Commissioner	2004
	18.8 Kosovo media outlets advance democratic values and human rights issues e.g. gender equality awareness.	All Media	Pillar III	Ongoing
19. There is an independent and effective media regulatory authority, aspiring to European standards, recruited without discrimination and according to merit	19.1 Independent Media Commission law is passed. Independence of media regulator is fully safeguarded.	Assembly	Pillar III	As soon as possible
	19.2 Independent Media Commission staff recruitment is completed. Staff should be multi-ethnic. Complete development of internal policies and procedures.	Temporary Media Commissioner	Pillar III	January-April 2004
	19.3 Media comply with Temporary Media Commissioner’s guidelines on copyright, until copyright law is passed. Media professionals comply with media legislation and standards	All Media	Pillar III	Start March 2004
20. Hate speech, or any form of incitement, is condemned by political leaders, the media regulatory authority and media commentators.	20.1 Develop and adopt comprehensive new code of conduct for journalists, with the goal of, among other things, eliminating libelling and threats causing hatred.	Kosovo media associations, Temporary Media Commissioner	Pillar III, NGOs	January –March 2004
	20.2 Create self-regulatory system for print media. Press council should be multi-ethnic.	Kosovo media associations, Temporary Media Commissioner	Pillar III, NGOs	March- June 2004
	20.3 Media criticise any form of hate speech and refrain from broadcasting or printing it. Media encourage tolerance among the communities and report in an unbiased way, especially when dealing with situations of inter-ethnic tension.	All Media, Temporary Media Commissioner, Press Council, Independent Media Commission	Pillar III	Ongoing
21. Publicly-funded media devotes a full and proportionate share of its resources and output to all ethnic communities.	21.1 Strategic plan for minority broadcasting defines complementary roles of public and private broadcasting and scale and source of necessary resources. (same as 18.1) Endorsement and implementation of plan by PISG.	Temporary Media Commissioner, PISG, RTK	Pillar III	January-March to prepare draft for comment, endorsement in April, implementation to follow
	21.2 Drafting, adoption, and implementation of a law establishing RTK as a public broadcaster in accord with best European practices	Temporary Media Commissioner, Government, Assembly, MFE	Pillar III	Drafting by March-April 2004 Adoption as soon as possible on completion of an acceptable draft law
	21.3 Public TV signal is received all over Kosovo.	KTTN	Pillar III	As soon as possible.
22. Non-governmental organizations, in particular those representing minorities, are able to operate freely within the law and individuals are free to join them without discrimination	22.1 Adopt Freedom of Association Law.	OPM/Assembly	Pillar III	As soon as possible
	22.2 Establish Kosovo register for NGOs with multi-ethnic staff.	PISG	Pillar III	As soon as possible
	22.3 Regulate financial transparency, government financing and tax exemptions for NGOs/non-profit activities.	OPM/Assembly	OLA Pillar IV	2004
	22.4 Adopt legislation or establish standard procedures (e.g. formation of public private commissions) enabling civil society organisations- especially those representing minority communities- get more involved in public policy making and the delivery of services. Such action might include the establishment of a Civil Society Committee at the Central Assembly.	OPM/Assembly	Pillar III & II	2004

Glossary:

CEC Central Election Commission

MEC Municipal Election Commission

MPS Ministry of Public Services

MCYS Ministry of Culture, Youth and Sports

MEST Ministry of Education, Science and Technology

MFE Ministry of Finance and Economy

OLA Office of The Legal Advisor

OPM Office of the Prime Minister

O/SRSG Office of the Special Representative of the Secretary General

KPS Kosovo Police Service

AD Administrative Directive

ECAC Elections Complaints and Appeals Sub-Commission

AOGG Advisory Office of Good Governance

KIPA Kosovo Institute for Public Administration

KCB Kosovo Consolidated Budget

COE Council of Europe

RTK Radio and Television Kosovo

KTTN Kosovo Terrestrial Transmissions Network

EAR European Agency for Reconstruction

1. Equal Access to Justice

Standard	Action	Responsible Authority	Supported By	Timeline
1. All crime is thoroughly investigated, regardless of the ethnic background of the victim or perpetrator	1.1 UNMIK Police (both CIVPOL and KPS) investigate crimes without fear or favour and any gender bias, with special priority to the investigation of crimes of violence committed during the events of 17-20 March 2004	Pillar I (Police)	OPM (Advisory Office on GG, HR, EO and Gender)	Ongoing
	1.2 Transition of the KPS into a professional, impartial and multiethnic force, containing specialized units, and supported with adequate resources from the PISG (budget resources and administrative support)	Pillar I (Justice)	PISG	Ongoing; transition completed by end 2006 (subject to review)
	1.3 The PISG on all levels unequivocally support by public statements thorough investigations regardless of ethnic or political background of victims and will refrain from political allegations that an investigation is ethnically or politically motivated	PISG		Ongoing
	1.4 Political leaders encourage all Kosovans to cooperate with police in solving all crime, including inter-ethnic crime	PISG		Ongoing
	1.5 Increase public confidence in police by implementing proactive public information strategy leading to greater transparency and better public understanding	PISG (OPM, Assembly), Municipalities	Pillar I (Police)	Introduced in phases to mid-2005
	1.6 Draft and promulgate legislation establishing KPS	UNMIK Pillar I (Justice), OLA	PISG	Promulgation by mid-2005
2. The prosecution and conviction of perpetrators of crime is consistent and effective, regardless of the ethnic background of victim or perpetrator	2.1 Court rulings are made, and criminal prosecutions are conducted on the basis of the applicable law, and not on the basis of ethnicity, gender, religious or political affiliation or financial considerations	PISG (Courts, Prosecutors)		Ongoing
	2.2 Develop Judicial Inspection Unit (JIU) to build capacity of Kosovan staff to analyse and evaluate functioning of courts and prosecutors’ offices; and to implement conclusions of these analyses and evaluations	UNMIK Pillar I (Justice)		Ongoing
	2.3 Public prosecutor’s offices (municipal and district) exercise their functions promptly, impartially and objectively, regardless of the ethnicity, gender, religious or political affiliation of the defendant	PISG (Prosecutors)	UNMIK Pillar I (Justice)	Immediate and ongoing
3. Substantial progress has been made in solving the most serious murders and assaults against members of ethnic minorities	3.1 Increasingly deploy KPS officers from all communities to police units specializing in criminal investigations, providing adequate training to enable them to perform these roles	Pillar I (Police)		Ongoing
	3.2 Deploy and train KPS officers in all regions and stations with special responsibility for investigating and monitoring crimes against members of ethnic minorities	Pillar I (Police)		Sept 2004 and ongoing thereafter
	3.3 Establish central monitoring team to review all investigations of serious crimes against members of ethnic minorities and improve coordination between investigative units	Pillar I (Police)		June 2004 and ongoing thereafter
4. Witnesses are effectively protected from intimidation and retribution	4.1 Formal or ad hoc agreements are reached with Kosovo’s neighbours and other countries on the basis of which witnesses and families are relocated from Kosovo.	Pillar I (Police and Justice),	OLA	First relocations pursuant to agreements from September 2004 onwards
	4.2 Identify or (if necessary) build, open and thereafter maintain adequate facilities in Kosovo for protection of witnesses	Pillar I (Police and Justice)		Identify: by April 2004. Open by December 2004; maintain thereafter
	4.3 Review and amend existing witness protection legislation to ensure that witnesses are informed of all available protective measures, to improve court procedures in relation to witness protection, to strengthen criminal sanctions for breach of protective orders, and to provide a statutory basis for witness relocation, and train courts and prosecutors in amended legislative provisions	Pillar I (Justice), OLA, KJI		June 2004 (review) December 2004 (promulgation); review ongoing thereafter
	4.4 Provide courts with adequate equipment to preserve anonymity of protected witnesses	PISG (MPS/DJA)	Pillar I (Justice)	Jan 2005
	4.5 Impose and enforce adequate sanctions against public servants, lawyers and others who disclose, and media who publish, confidential details about protected witnesses	UNMIK (TMC, all); PISG (all) KCA		Ongoing
	4.6 Investigate, prosecute and punish assaults against witnesses	Pillar I (Police), Courts, Prosecutors		Ongoing
5. Crime clearance rates for crimes of violence against persons of all communities are roughly equivalent	5.1 Establish monitoring of criminal cases involving minorities and treatment of minorities by justice system; ensure effective action taken to address problems identified by monitoring system	Pillar III, Pillar I (Police and Justice)	PISG (MPS/ DJA)	Mid-2004 (monitoring established) and ongoing thereafter
	5.2 Develop and implement strategy for community safety to include joint crime prevention councils in all municipalities	Pillar II	OPM, Municipal Authorities, Pillar I (Police)	Ongoing
6. Misconduct by judges, prosecutors, attorneys, police, and penal system employees is routinely investigated and appropriately punished	6.1 Complaints against judges and prosecutors, lawyers and employees in justice, police and correctional systems are investigated promptly, appropriate action is taken and the complainant receives a written response to the complaint, regardless of the ethnicity of the complainant or the subject of the complaint	Pillar I (Police and Justice), KJPC, KCA		Immediate and ongoing
	6.2 Build capacity (especially of Kosovan staff) within Judicial Inspection Unit to investigate allegations of misconduct by judges and prosecutors and to submit their findings to KJPC, while also building capacity of Kosovan members of KJPC to conduct disciplinary hearings in appropriate cases	Pillar I (Justice),	KJPC	Ongoing
	6.3 Investigate allegations of misconduct of attorneys and conduct disciplinary hearings in appropriate cases	KCA	Pillar I (Justice)	Ongoing
	6.4 The Policy-and-Procedures-Manuals for UNMIK Police (CIVPOL and KPS) are constantly evaluated and updated, allegations of misconduct are thoroughly investigated and disciplinary hearings conducted in appropriate cases	Pillar I (Police)		Ongoing
	6.5 Investigate allegations of misconduct of penal system employees and conduct disciplinary hearings in appropriate cases	Pillar I (Justice)		Ongoing
7. There are professional codes of conduct for judges, prosecutors, lawyers and other members of the police and penal system, including a Bar Association representative of all Kosovo communities	7.1 Review and, as necessary, revise codes of conduct of judges, prosecutors and lawyers and police and penal employees to ensure compliance with international standards and inclusion of a gender equality approach	Pillar I (Police and Justice), KJPC, KCA	OPM (Advisory Office on GG, HR, EO and Gender)	September 2004
	7.2 ; Judges, prosecutors, lawyers and police and penal employees are trained in revised codes of conduct	Pillar I (Justice), KJI, PISG (MPS/DJA), KPSS, KCA		Ongoing after September 2004
	7.3 Effectively remove all obstacles to women’s representation in these professions and affirmative actions are taken to promote their substantial inclusion	Pillar I (Police and Justice), KCA	OPM (Advisory Office on GG, HR, EO and Gender)	December 2004 and ongoing thereafter
	7.4 Develop and implement strategy to encourage participation by women and members of all communities in the Kosovo Chamber of Advocates, and monitor levels of participation by women and minority community members to ensure strategy is effective	KCA	OPM (Advisory Office on GG, HR, EO and Gender), Pillar III	Mid 2004 and ongoing thereafter
	7.5 Include in advocates’ Code of Ethics provisions on inter-ethnic and religious tolerance, and investigate and sanction appropriately any complaints of ethnic or religious intolerance or unprofessional conduct in cases involving parties from different ethnic communities	KCA	OPM (Advisory Office on GG, HR, EO and Gender), Pillar III	Mid 2004 and ongoing thereafter
8. Acts of retribution against individuals involved in disciplinary processes are rare and such individuals are adequately protected	8.1 Review and amend as necessary employment conditions and disciplinary procedures for civil servants to ensure that complainants are protected from victimization

The Kosovo Standards Implementation Plan

Structure of the KSIP

Review of the KSIP

Assessment

Elections

Current Situation

Challenges Ahead

Priority Actions

PISG

Current Situation

Challenges Ahead

Media/Civil Society

Current Situation

Challenges Ahead

Priority Actions

1. Elections

Responsible Authority

Timeline

2. Provisional Institutions of Self - Government

1. Equal Access to Justice

First relocations pursuant to agreements from September 2004 onwards

Identify: by April 2004. Open by December 2004; maintain thereafter

Ongoing