In
consequence, the concept of democratic municipal self-government on the European
model is generally accepted and not in question. There is a lot of good will
for constant improvement in this direction.
2. However, the political environment in
Kosovo currently poses a wide array of obstacles to the full blossoming of
democracy in Kosovo. The reasons for that can be found in several aspects
of the history of Kosovo:
-
Kosovo
was part of the autocratic Ottoman Empire, the monarchic "Kingdom of
Serbs, Croats and Slovenes", socialist Yugoslavia and finally Serbia
under the regime of Slobodan Milosevic.
-
In
these states the individual was a subject rather than citizen, government
happened by top-down instruction rather than consultation, despite different
official policies of decentralisation and real power lay with a few centres.
Government practices were characterised by arbitrariness rather than rule
of law. There was poor identification or even resistance by the average
inhabitant in Kosovo against institutions. Minorities, be it ethnic or political
were not given a chance of participation and at times openly suppressed.
-
While
the state tended to be violent in its actions and relations towards the
inhabitants, it was at the same time very often weak in securing basic services,
security and delivery of justice. This led to a widespread inclination for
self-aid and resolution of conflicts within the society by forceful means.
-
The
Kosovo Albanian population re-acted to the abolition of the autonomy with
the establishment of parallel structures working in clandestine. Working
in clandestine led to a culture of secrecy in dealing with public matters
within the parallel structures and limited the extent the Kosovo Albanian
population could participate in the decision making and monitor the work
of the leadership. Tax evasion and breach of rules became widely accepted
means of passive resistance.
-
No
political system so far has known a clear separation of power. There was
always a focus point where all branches of government would meat in a supreme
head, Kalifs, Kings, Armed Forces, and Political Parties. The concept could
therefore never be seen in action in Kosovo.
In
consequence, while in principle welcome, the concept of democratic municipal
self-government on the European model which is based on citizen participation,
respect of laws and regulations, transparency, accountability, ownership by
the population and separation of power has no tradition in Kosovo and still
has to be developed.
3.
But not only the political, also the societal, mental and economic environment
of Kosovo shows particular features, which have to be taken into account:
In
consequence, the societal, educational and material basis on which democratic
municipal self-government stands in northern, western and central Europe does
not exist to the same extend.
Current
state of affairs
1.
Conception Short-comings
-
Municipal
Assembly members do not yet always perceive the Municipal Assembly as the
place where they are called upon to actively shape the immediate daily environment
of their fellow inhabitants.
-
Used
to assemblies under former systems which would allow the participants only
to reactively give their views on many times prearranged proposals, municipal
assembly members usually do not sufficiently use the chance to contribute
with visions and actively formulate policies.
-
As
municipalities under former systems were in real terms lowest sub-unit of
the state (ca. 80% of activities were in this field), not bodies of local
self-government, there is a tendency to orientated the own agendas at Kosovo-wide
politics rather than the management of municipal affairs.
-
Having
the former centralised systems entrenched in their minds, municipal assembly
members tend to lack the courage for decision making in their own affairs
and have tendency to want to refer decisions to “higher levels”,
which leads to passivity.
-
Unfortunately
this tendency is reinforced by shady distinction between reserved and transferred
powers, municipal and central responsibilities and centralised political
party structures behind the scene.
-
Along
the lines of former thinking, many assembly members regard themselves more
as delegates of a political party to who they are in turn accountable rather
than delegates of the electorate. This was unfortunately re-enforced by
a closed list electoral system that gave the parties full control of the
candidates’ list and the candidates and gave the electorate few chance
of personal choice of candidates.
-
In
addition to that personal accountability of Municipal Assembly members in
too many cases is directed towards wider family structures or particular
settlements and villages rather than the municipality as a whole. If there
is initiative shown, it is too often for particular interests rather than
the common good.
-
While
for the aforementioned reasons there is lack of initiative, the role of
watchdogs of the administration, which is too often regarded as the real
“government” is also not sufficiently exerted. As a legacy of
former systems, the average Assembly member too often feels that he cannot
constructively scrutinise the work of the “experts” in the administration.
-
Former
systems would discourage curiosity in getting to the core of issues; as
a consequence there is still passivity when it comes to aggressively request
documents and background information from institutions.
-
An
education system that limited rather than supported critical analysis of
information further in many cases deprives them of the methods to work with
documents and proposals, why they often choose not to do so.
-
As
former institutions on the territory of Kosovo did not know a real enforcement
of procedures, municipal assembly members take little interest in the formal
side of proceedings, as they do not regard them as relevant. This hampers
them in skilfully using rules and procedures even when and if the will for
more engagement is there. Disregard of procedures makes Municipalities also
liable in legal proceedings.
-
Free
exchange of opinion and open debate were neither promoted nor wished by
former systems. Information was not a freely available good for the use
of everybody, but a tool of the execution of power. Municipal Assembly members
therefore are not used to open debate as essential element of Municipal
Assembly work and act poorly therein.
-
Minorities
(political or ethnic) refuse to seriously participate. Used to the fact
that minorities in Kosovo traditionally did not have a voice and unacquainted
with the idea that arguments and ideas could change things in the favour
of the less powerful, they do not play the role of a democratic opposition,
nor do they understand it. Numberless walkouts are the proof. While a the
general focus is on the behaviour of Kosovo Serb political entities in this
context, as a matter of fact the number of Kosovo Albanian political entities
boycotting the institutions is much higher.
-
The
civil service is highly politicised. Civil Servants too often do not see
themselves as servants of the common good under a changing political leadership,
but as placeman of a particular political party to whom they also very often
owe their office.
-
Municipal
Assembly members come to assembly meetings unprepared as they do not study
the documents for the meeting.
-
The
political party groups obviously do not meet before meetings to agree on
common lines of policy.
-
There
is only rudimentary policy making in the Municipal Assembly. Assemblies
very often behave only reactive to the proposals and decisions brought forward
by the administrations; proposals from within the municipal assembly are
often ad-hoc and do not fit into any long term planning or strategy.
-
Political
minorities do not constructively challenge majority politics through counter
proposals and constructive criticism but rather boycott.
-
Assembly
members do not try to influence the agenda in the forerun of meetings, but
endlessly discuss and overthrow them at the beginning.
-
Assembly
members or political party clubs do not use the administration as provider
of information and expertise.
-
Assembly
members do not use their rights to request information and documents,
-
Committees
are not used as interface between Assembly and Administration, as forum
for discussions on a higher level of expertise, elaboration of details and
close scrutiny of the work of Municipal Administration.
-
Agendas,
even if changed at the beginning of the session, are disregarded and
overthrown,
-
Speeches
are lengthy, unfocused, off the agenda, repetitive and speaking times not
respected.
-
Lengthy
discussions on formalities of proposals, but not on their substance
-
Chairpersons
do not discipline, summarise and structure the debate.
-
Meeting
management by chairpersons is poor.
-
Discipline
of assembly members is poor (current walk in and out, ringing mobile phones,
private conversations).
-
Minute
taking is of varying quality, which leads to endless discussion of minutes.
-
Voting
procedures are unclear, which leaves doubts what has actually been decided
and who decided personally decided in which way.
-
While
full experts knowledge can and must not be expected from municipal assembly
members, they nevertheless too often lack the basic knowledge of legal frameworks,
planning and budgeting that would allow them to formulate policies
-
The
linkage of the average municipal assembly member back to the electorate
is poor; on the other hand assembly members are integrated into top-down
political party structures. This discourages independent decision making
based on the wishes and need so the local population. Accordingly no citizen
can hold an individual member accountable, the assembly member can not win
direct support from the electorate.