In principle, Kosovo Democratic Institute (KDI), is respectful and encourages freedom of association, be it for individuals, or municipalities as guaranteed under the Constitution. However, we consider that the Agreement reached in Brussels on the Association/Community of Serb majority municipalities in Kosovo, goes beyond the concept of freedom of association, and beyond the constitutional order of the Republic of Kosovo. This Association/Community does not constitute a non-governmental organization (NGO), as announced, but it leads to a third level government.  

The reasons why this Association/Community leads us to a third level government (between a municipality and the central Government) are the following, because:

–          It “exercises full overview” in the area of education (currently a responsibility of the Ministry of Education) – Point 4.c of the Agreement;

–          It “exercises full overview” to improve health care (currently a responsibility of the Ministry of Health) – point 4.d of the Agreement;

–          It “exercises full overview” to develop local economy (currently a responsibility of the municipalities) – Point 4.a;

–          It “exercises full overview” to coordinate urban and rural planning (currently a responsibility of the Ministry of Environment and Spatial Planning) – Point 4.e;

–          It is allowed competences to be delegated to it from the central level authorities (currently delegation of competences is allowed only to municipalities) – Point 5;

–          It is allowed to initiate proceedings to the Constitutional Court (Under the Constitution, only the President, the Government, MPs, Ombudsperson, and municipalities (within their own scope of work) may initiate matters to the Constitutional Court – Point 11.

 

And this Association/Community does not constitute an NGO according to Kosovo laws, because of at least these five reasons below:  

–          Its employees are be civil servants according to the Law on Civil Service (NGOs do not have civil servants) – Point 6.e of the Agreement;

–          Its budget will be administered under the law on public procurement (which is not the case with NGOs), and it will be audited by the Auditor General  (which is not the case with NGOs) – Point 16;

–          It will be funded from transfers of the central authorities (hence a separate and guaranteed budgetary line in the Kosovo budget) – Point 17.c;

–          A regional Police Commander (for the north) will be proposed on behalf of the Association/Community (NGOs may not, on their behalf, nominate a Police Commander)– Point 13;

–          It does not state that the Statute of the Association/Community shall be approved by the Ministry of Public Administration – Point 21.

 

Furthermore, as negotiated, this entity under this agreement represents a challenge for the state because:

–          It creates a mono-ethnic entity and violates principles of multi-ethnicity as guaranteed by the Constitution; as well as it will deepen ethnic divisions in Kosovo; it also constitutes an entity being superior in terms of one ethnicity (Serb) versus other ethnicities living in Kosovo;

–          It impedes integration of Serbs into Kosovo institutions and reverses the investment the society has done so far for the integration of Serbs into Kosovo institutions;

–          It will incite other ethnicities in Kosovo regions, and it creates an asymmetry in terms of competences and budget allocations with other municipalities; 

–          It may weaken these 10 municipalities as self-governing institutions, as it delegates some of the responsibilities to another entity, and it may cause obstacles in exercising competences.  

 

–          It may impede extending of national plans in the field of economic development, health care, education and urban/rural planning in the participating municipalities.