Political Situation

The overall situation in Kosovo remains stable though the general political uncertainty concerning the future status talks brings certain tensions to the region.

Since 1999 Kosovo has been controlled by NATO forces and civilian administration, under the authority of the United Nations (UNIMK created through UNSC Resolution 1244). In 2001 the Constitutional Framework for Provisional Self-Government in Kosovo was promulgated.

Within the Constitutional Framework the PISG is required to ensure that ethnic, linguistic and religious communities and their members enjoy their constitutionally guaranteed community rights as well as "fair representation... in employment in public bodies at all levels"; and to "be guided in their policy and practice by the need to promote coexistence and support reconciliation between Communities and to create appropriate conditions enabling Communities to preserve, protect and develop their identities."

UNMIK Regulation 2000/45 stipulates that minority members have the right to access all municipal bodies and civil servants in their own language, and that meetings of Municipal Assemblies be conducted in Albanian and Serbian, or in the language of the community dominant in that municipality. A Community Office must be established in those municipalities where a community that is not in the majority forms a substantial part of the population. The Community Office is responsible for enhancing the protection of community rights and ensuring equal access for communities to public services at the municipal level.

Despite this regulation there are still dissatisfactions from municipalities and from the citizens in relation to municipal responsibilities towards them. This is due to defects that the regulation has in terms of its level of real responsibilities towards citizens and also in terms of how much it brings services closer to citizens. Thus it is qualified as being very centralized, and as such, given the present difficulties that communities are facing in terms of accessing to services, it hampers these efforts even more. It is proven also that the regulation contradicts other regulations at the central and local level and it’s vague in terms of rights for communities, thus leaving plenty of room for misinterpretations. 

The Constitutional Framework, Chapter 9.4.1 stipulates that the courts are responsible for the administration of justice in Kosovo in accordance with the applicable law, including the European Framework Convention for the Protection of National Minorities, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Racial Discrimination (CERD). 

Additionally, in order to preserve the community representation in the assembly, the Constitutional Framework, Chapter 9.1.3 (b) (i) and (ii), “positively discriminates‿ against the majority population and stipulates that twenty (20) of the 120 seats of the assembly shall be reserved for the additional representation of non-Albanian communities in Kosovo, therefore 10 seats shall be allocated for political entities having declared themselves as representing the Serb community and 10 seats will be allocated to Roma, Ashkali and Egyptian communities (4 seats), the Bosniak community (3 seats), Turkish community (2 seats) and Gorani community (1 seat). 

On the 2nd of February, 2007  UN Special Envoy Martti Ahtisaari presented the proposal for Kosovo’s final status (Comprehensive Proposal for the Kosovo Status Settlement) which is still under the discussion. Debates between the member-countries of the UN Security Council have been going on to reach a consensus on a unanimous Resolution to settle Kosovo’s status. At the time being resolution has been put on hold and the issue will now will be mediated by the collective Contact Group that is comprised of the UK, France, Germany, USA, Italy and Russia.

It is plausible that the UN mission will be terminated by the final resolution and replaced with an EU-led mission.