Aspects and techniques of parliamentary democracy: a programme for the National Assembly of Kosovo

Background

This two and one-half year programme is a joint initiative of the East-West Parliamentary Practice Project, the Second Chamber of the Dutch Parliament and the Assembly of Kosovo.

During Kosovo’s first-ever parliamentary elections, which were held on 17 November 2001, the number of eligible voters was over 1.2 million, with the UN peacekeeping operation (UNMIK) estimating that some 150,000 eligible voters were Kosovo Serbs. The overall turnout was 64.3 per cent of Kosovo’s 1.25 million registered voters. More than 1,300 candidates from 26 political parties contested the elections, including 60 from the Kosovo Serb Return Coalition. In the final results, the Democratic League of Kosovo (LDK) won 45.7 per cent of the vote and the Democratic Party of Kosovo (PDK) won 25.7 per cent, with the Return Coalition accounting for 11.3 per cent and the Alliance for the Future of Kosovo (AAK) with 7.8 per cent.

With the elections of the Assembly and of the President of Kosovo, and with the increasing transfer of powers to local institutions, the capacity of the Assembly of Kosovo and its members to fulfil such basic functions as representing the electorate and developing legislation in accordance with their needs is being tested on day-to-day basis. At the Assembly level, a lack of access to accurate information, a lack of experience, a lack of logistical and administrative support, interference from party headquarters, extreme polarization and an inability to engage in the debating and decision-making process stand in the way of the development of effective democratic parliamentary practice. Although the OSCE Mission in Kosovo, the USAID, the Friedrich Naumann Stiftung and other organizations are conducting training courses on specific aspects of parliamentary work, there is at present no long-term programme aimed at building trust and confidence among the members and the different political groups, the normalization of inter-party relations, or the establishment of channels of communication between the members of the Assembly and their European counterparts.

Programme objectives

The primary purpose of the programme is to strengthen the capacity of the Kosovo Assembly, with particular emphasis on building professional skills among parliamentarians, reinforcing the representative function of the MPs, strengthening relations between the MPs and their constituencies, promoting transparency and accountability, and exposing Assembly members to the cumulative experience of older, more established parliamentary democracies. In addition, the programme aims to strengthen cooperation within the Assembly between representatives of different parties and ethnicities, as well as to reinforce cooperation between Kosovo MPs and their European counterparts. The target group for the purposes of this programme includes both Members of the Kosovo Assembly and parliamentary staff.

The aim of EWPPP roundtable discussions, working visits, workshops and consultations is not to teach the host parliament how to run its affairs. Rather, the emphasis lies on open dialogue, discussion and the sharing of experience and ideas. The proposed programme will focus on such specific issues as:

Dialogue and consensus building

• Instruments of political dialogue and consensus building
• Coalition forming
• Legal and procedural protection against the abuse of authority by the majority parties’ parliamentary leadership
• Participation of party groups in the coordination of parliamentary activities
• Intra-party relations

Parties in the decision-making and legislative process

• Realisation of the party programme through legislative activity
• Realisation of the party programme through legislative activity
• The ability of the political factions to influence the agenda of plenary sessions
• Parties’ accountability to the electorate

Inter-party relations in parliament

• Allocation of party leadership positions
• Procedures for selecting party leaders in parliament
• Allocation of seats on committees and committee chairmanship
• Distribution of resources among party groups
• Relations between the party and the public

Parliament as a representative body

• Public participation in law and policy-making process, e.g. the right to initiate legislation, to present grievances to and MP or the Assembly
• The relations between parliament and government
• Liaison mechanisms and channels of communication and access between parliament and civic groups, NGOs, and individuals
• Lobbying
• Ways of ensuring transparency and accountability in decision and policy-making
• Communication skills (dealing with constituent mail, public presentation, organising working visits)

Programme duration

1 December 2002 – 30 June 2005

Funding

The programme “Aspects and techniques of parliamentary democracy: a programme in support of the Assembly of Kosovo” is being funded by the Ministry of Foreign Affairs of the Netherlands.

Programme activities

Introductory visit to the Assembly of Kosovo: 9-12 January 2003

The purpose of this visit was to officially introduce the program in support of the Assembly of Kosovo, which was approved by the Dutch Ministry of Foreign Affairs in December 2002. During the last EWPPP visit in Kosovo, there was talk of a program proposal. Our partners in Kosovo had mentioned during our previous meetings that a lot of proposals and initiatives do not materialize nor go beyond the proposal status. For this reason, we organized an introductory visit to Kosovo to introduce our proposal.

Preparatory visit prior to workshop I: 23-28 March 2003

The purpose of this meeting was to set up the date and the agenda for the first inter-parliamentary workshop between Kosovar MPs and Dutch MPs and former MPs. Ambassador Pascal Fieschi, Head of the OSCE Mission in Kosovo, noticed that 18 committees have been set up and were functioning in the Assembly. The Assembly Support Initiative set up by the OSCE Mission in Kosovo was coordinating the support of foreign aid and donors concerning the Assembly. The ASI is now emphasizing the process of legislatures and is focusing on providing assistance with respect to drafting, developing, discussing and amending laws both at committee and plenary level. Franklin de Vrieze, ASI Coordinator noted that the first three laws have already been adopted, namely the law on pensions, the law on primary and secondary and higher education. Several other laws are at present in consideration. According to the ASI representatives, there is need for quality in the legislative process. The work of the ASI has been channeled down four pillars, namely on the organization of conference on issues such as transparency; on the organization of workshops in Prishtina; on providing technical assistance and advise on the content of laws by means of consultations; on the organization of visits to other parliaments.

Inter-parliamentary workshop I: Inter-party and intra-party relations in parliament, 8-10 May 2003

The first Inter-parliamentary workshop “Inter-party and intra-party relations in parliament” was held on 8-10 May 2003, in Pristina. The meeting focused on the following topics:

• Relations among parties in parliament
• Cooperation among parties in parliament
• Distribution of resources among party groups
• Relations between the party and the public
• The role of the opposition
• The role of the party leader
• The role of the chairman of the parliamentary group
• Procedures for selecting party leaders in parliament

Outcome

Views were exchanged concerning the current status of the relations among and between the parties in the Assembly of Kosovo. It should be emphasised that participants included all ethnic groups represented in the Assembly of Kosovo, i.e. all three major Albanian parties, the Serb coalition, the Turkish, the Roma and the Ashkali Party. The opening speech was delivered by the Speaker of the Assembly of Kosovo, Mr. N. Daci, who emphasised once more the importance of direct communication between the Kosovar and the Dutch MPs, thanking the Dutch government for the great opportunity of providing for means to make such a communication possible through this programme. Dutch MPs noted the importance of coalition forming and transitioning period from the opposition to majority for a political party.

Regarding the intra-party relations, Kosovar MPs agreed that the most essential point of disagreement among them is the status issue. The new leader of the Serb Coalition Return was praised for the constructive role in ending the long parliamentary boycott and including the coalition in the everyday Assembly business. Serb MPs emphasised the cooperation with the Albanian parties in the drafting of one specific law, which in that case proved successful. Nonetheless, it was pointed out that Belgrade is behind the political strategy of the coalition Return, which sometimes makes dialogue impossible. The organisation of political parties along ethnic lines was related to the policy followed by UNMIK with respect to the status of the minorities in Kosovo. Kosovo’s MPs further emphasised that fact that they all have personal relations with each other, but that there are no intra-party relations. Unfortunately, the cooperation between various MPs does not go beyond the committee work, as politics start to interfere from there on.

With regard to the relations within the party and the role of the party leader, it seemed that the MPs were more satisfied with the state of the affairs. The role of the party leader, the selection procedure and the role of the leader of the parliamentary group were further discussed by both Dutch and Kosovar MPs, emphasising the differences in both countries. The latest developments in the Dutch political scene were also discussed. Contrary to Dutch experience, the position of the party leader in Kosovo seems to be essential. Nonetheless, a new development is being observed: party leaders are being more careful and allowing for more space for other members. The role of the Speaker seemed to be problematic.

It was further concluded that the Kosovars have a love-hate relationship with UNMIK. They also agreed that the topics to be discussed during the second workshop in the Hague include transparency, the role of the Assembly leadership vis-à-vis the Assembly, management of the Assembly, the role of the Assembly vis-à-vis the government, infrastructure and resources allocated to party groups, the role of the party group vis-à-vis the committee.

Working visit of a delegation from the Assembly of Kosovo to the Dutch Parliament, 18-22 October 2003, The Hague

The first working visit of a delegation from the Assembly of Kosovo to the Dutch Parliament was held on 18-22 October 2003 in The Hague. The meeting focused on the following topics:

• Distribution of powers in Parliament
• Checks and balances as a means against abuse of power
• The role of the opposition
• Infrastructure and resources allocated to party groups
• The role of the party group vis-à-vis the committee
• Procedures for selecting party leaders for the parliamentary groups
• Inter-party relations in Parliament
• Financial regulations in Parliament: a comparative overview
• The importance of a transparent party financing system
• The role of Parliament in controlling the executive

Outcome

During the first session on the Dutch parliamentary system, the focus was on the distribution of powers in Parliament, checks and balances as a means against abuse of power and the role of the opposition. It was noted that coalition forming is an unpredictable process in the Netherlands: any coalition is in principle possible and all parties are open to cooperation. A short introduction of the history of the House of Representatives and coalition forming in the Netherlands was given. It was noted that the opposition always has an influence in Parliament. Sometimes, the governing parties join forces with the opposition in order to reach the majority in parliament and pass certain drafts or amendments. Further, relations with the civil sector are of great importance; the electorate is aware of what is going on in Parliament.

Summarising the discussion, it was noted that the final status of Kosovo is the most important issue. The solution to this issue is also of great importance for the Dutch Parliament. Acknowledging the fact that the status issue has to be resolved, Kosovar MPs need to deal with the present first, including the fact that the Assembly is given only limited powers. He added that the discussion brought forward two important issues: the influence of the media and the parliamentary procedural rules. The second session was opened with a short introduction by a Dutch MP who discussed party representation in parliament, including issues such as infrastructure and resources allocated to party groups, the role of the party group vis-à-vis the committee, procedures for selecting party leaders for the parliamentary groups and inter-party relations in Parliament. It was noted by a Kosovar MP that their party leader is selected by the party congress members. The head of the parliamentary group is selected by the newly elected MPs. It was further added that party leadership is not the most important position this however, was argued by another Kosovar representative who found the party leader to be the most important. A member of the PDK noted that the PDK was the most Democratic Party in Kosovo with regard to party transparency and selection of leaders. Kosovar MPs further noted that leadership roles especially the leadership of the Assembly were not well established.

Consultation Visit: Pristina, Kosovo 17-20 November 2003

The purpose of this first consultation visit was to meet with different parliamentary groups and answer questions on the way party groups function in other European parliaments. The Dutch Consultants met with Serbian Parliamentarians, members of the Parliamentary Group of the PDK, the Head of the Netherlands Office in Pristina, members of the Committee Group for Transport and Telecommunications, members of the Parliamentary Group of the AAK and representatives from the OSCE Mission in Kosovo. The consultation visit, the first of its kind, was deemed a great success by the consultants, Kosovar MPs and OSCE representatives involved in the visit. The Kosovar MPs had the opportunity to ask questions on specific aspects of parliamentary practice.

Outcome

The structure of party groups in the Assembly is weak, whereas the parties they represent exercise all political power. The general assumption is that better functioning party groups would be more effective in strengthening the controlling task of the Assembly. Further, cooperation and formation of ad hoc coalitions were seen as a means to further strengthen the role of parliament vis-à-vis government and UNMIK. The meeting with the member of the Committee for Transport and Telecommunications showed that this committee functioned in a different way from its European counterparts, namely behind closed doors.

Recommendations

In view of lack of experience of the Assembly members with regard to fulfilling their basic duties, the exchange of information about the situation in other European Parliaments and discussions on their possible application to Kosovo’s parliamentary system is of great importance. Following the request of the members of the Committee for Transports and Telecommunications, we will organise a small workshop with the members of this committee.

Consultative Visit: Pristina, Kosovo, 12-15 February 2004

One of the main purposes of this visit was to touch base with Kosovar parliamentarians and discuss implementation of scheduled activities for the first half of 2004. In consultations with representatives of all party groups in Parliament, it was decided that the upcoming in-country workshop should be held on the subject of the general elections. Following the request from inside, EWPPP programme advisors also met with government officials and local government representatives in Pristina and discussed with them their relations with the Assembly and the general state of affairs with regard to the assistance provided by the international community. A request was made for more information on economic relations between municipalities in the Netherlands.

Working Group Meeting: Santpoort, the Netherlands, 16-18 April 2004

Following the outburst of violence 16-19 March 2004 and the set up of an ad-hoc investigative committee on 9 April 2004 and upon consultation with both the OSCE Mission in Kosovo and the Assembly of Kosovo, the EWPPP decided to provide key members of Kosovo’s Assembly, representing all political groups, the opportunity to convene in an informal setting in the Netherlands. This meeting took place at a time when the Serbian political group was boycotting parliament and had decided not to be part of the work of the new investigative committee. The meeting was divided into two sessions, focusing on the current situation in Kosovo and the functioning of an investigative parliamentary committee.

Outcome

Participants valued the meeting as crucial. The participation of the representatives of the Serbs and the Other Communities was regarded as a breakthrough for all sides involved. It was pointed out that the new committee needs a secretariat and administrative support as well as financial support from the Assembly. The March violence revealed a lack of communication between different segments of the society in Kosovo, such as between the institutions and the international community, the institutions and the youth population, and among the different communities. The lines of communication that did not function during the crisis need to be re-established. It was further added that there is a large need to create informal channels of communication including other levels of representation. The Dutch participants urged the Serbian MPs to rejoin the political process from which they have withdrawn. In the same vain, they were advised to closely follow the work of the new investigative committee as observers until they decide to end the boycott and appoint one of their MPs as a member. Since this is the first investigative parliamentary committee in Kosovo, the Kosovar members of the committee asked for Dutch assistance in matters concerning the rules of procedure, legal expertise, political independence, etc. The EWPPP’s programme advisors agreed to follow the work of the committee closely and provide the committee members with objective and impartial expertise.

Consultative Visit: Pristina, Kosovo, 20-23 April 2004

Following the Santpoort Meeting, Mr. Jan Dirk Blaauw, an EWPPP advisor, scheduled this visit at the request of the new members of the investigative committee. During the visit, he met with all members of the newly established parliamentary investigative committee. Serb participation in the work of the committee was considered very important, although that was related to more long-term objectives. The committee was advised to continue keeping an empty seat available for the Serb representative.

Kosovar-Dutch inter-parliamentary workshop III: Role of Political Parties in Parliament and in the run-up to elections, Pristina, Kosovo, 17-19 June 2004

The workshop focused on the issues including balancing party loyalty and legislative obligation, duties and responsibilities towards the electorate, duties and responsibilities towards party policies, communication with the electorate and interest groups, legal personality of the MP, preparing for elections, campaign formulation of party policies, party responsibility towards the electorate, negotiating compromises before the campaign, role of media in election campaign and the electoral and post electoral processes.

Outcome

The Dutch MPs told the participants that the Council of Europe might be a source of help to the various problems faced by the MPs in Kosovo, adding that the Assembly should work to gain observer status at the Parliamentary Assembly of the Council of Europe. It would help the Assembly get acquainted with the mechanisms operating within the framework of the Council of Europe. Other issues discussed included the work and the power of the committees vis-à-vis the Assembly’s Presidency, the Assembly’s Speaker and the Ministers.

Preparatory Assessment Visit: Pristina, Kosovo, 11-13 November 2004

The main purpose of this visit was to meet with new Kosovar parliamentarians and discuss the implementation of scheduled activities following the October general elections. In consultations with representatives of all party groups in Parliament, it was decided that the upcoming in-country workshop’s subject should be the relations between the majority and the opposition in Parliament. Kosovar MPs agreed that the role of the opposition should be clarified for all parties given the fact that for the first time in Kosovo’s history the opposition was not divided along ethnic lines, but rather along political lines. The Kosovar MPs requested the participation of regional MPs to the upcoming workshop in order to hear more about the role of the majority and opposition in the region.

Kosovar-Dutch inter-parliamentary workshop IV: Government and opposition in a parliamentary democracy, Pristina, Kosovo, 10-12 December 2004

The parliamentary groups in the governing coalition: shaping and influencing government policies, structures and procedures of the parliamentary groups in the governing coalition, the parliamentary groups of the opposition: constructive criticism and control and the plans of the parliamentary opposition for this mandate.

Participants from Kosovo included the President of the Assembly of Kosovo, Professor Nexhat Daci. Based on the positive feedback and enthusiastic reactions from programme participants, the EWPPP workshop in Pristina was overwhelmingly well-received; 34 Members of the Assembly participated including, the President of the Assembly, Heads of the largest Parliamentary Groups, two newly appointed Ministers, and representatives from various minority parties.

Consultation Visit: Pristina, Kosovo, 22 – 24 March 2005
This visit to Pristina was scheduled upon the request of the Chairman of the Committee on Legal and Constitutional Affairs, Mr. Hydajet Hyseni. Mr. Jan Dirk Blaauw, Member of the Dutch Parliament (1976-2002) met with Nexhat Daci, President of the Kosovo Assembly; Peter Bas Bakker, Head of the Netherlands Office in Kosovo; Alush Gashi, Member of Parliament, Head of the LDK; Hydajet Hyseni, Member of Parliament, PDK; Oliver Ivanovic, Member of Parliament, SLKM-GIS; Jakup Krashniki, Member of Parliament, PDK; Teuta Sahatqija, Member of Parliament, ORA; Gjylnase Syla, Member of Parliament, AAK; and Franklin de Vrieze, OSCE.

The meetings focused on the realization of an initiative to draft a law on Parliamentary Inquiry/Investigation. In 2004, there was an attempt by the Kosovo Assembly to investigate the acts of violence of 15 – 17 March, but that attempt was grounded. After the meetings, Mr. Blaauw concluded that there is support from all sides, although participation by SLKM-GIS was at the time unlikely; outside help is necessary preferably, from the EWPPP and the OSCE, who have pledged their support; the initiative is the responsibility of the Committee on Legal Affairs; and the estimated time needed to set up the ad hoc investigative committee is six months.

Regional Visit of a delegation from the Assembly of Kosovo to the Hellenic Parliament, 29 March – 1 April 2005, Athens
As a country in the region and a long standing member of the European Union, Greece was chosen as an important democratic model for the transitioning countries of the Balkans. Participants included the President of the Assembly of Kosovo, eleven members of the Kosovar Assembly, two Kosovar Assembly staff, seven members of the Hellenic Parliament including the Deputy Speaker, a representative from the OSCE Assembly Support Initiative, and EWPPP staff and programme advisor.

Topics discussed included inter-party relations in the Greek Parliament, the role of the President of the Parliament, the role of the opposition, inter-parliamentary cooperation, regional parliamentary cooperation, Greece’s experience in joining the EU, and Greece’s experience in joining the NATO. The delegation from Kosovo also had a guided tour of the Hellenic Parliament and observed a Plennary Session.