Prishtina, 25 June 2013
The following is the full text of the speech made by the Prime Minister Hashim Thaçi at the start of the meeting of the Government of the Republic of Kosovo
Honorable deputy prime ministers,
Honorable ministers, government cabinet,
I would like to welcome the return of Deputy Prime Minister Bujar Bukoshi to the government cabinet of the Republic of Kosovo, thanking and respecting him for his commitment and his principle of fully respecting justice, by cooperating with the justice and system and naturally respecting the judicial decision dismissing all charges made against him.
The Kosovo Government will continue to give its full support to justice and will closely cooperate in all respects, so that with regard to law and order, Kosovo is a good example, an example of democratic reforms in all spheres.
I would like to inform you about the latest meeting in Brussels, led by Baroness Ashton, as well as the two delegations of the Government of the Republic of Kosovo and of Serbia.
We reached agreement on three issues. Naturally, already the state of Kosovo is undertaking its obligations to implement the technical part of the political Agreement of April 19 between Kosovo and Serbia. Today, we appointed the police commander for the region of the north, who will be Mr. Djuric who was previously a member of the Kosovo Police.
Meanwhile, another issue that we discussed, under the leadership of Baroness Ashton, was the question of holding local elections in Kosovo. All of this is in the framework of the April 19 Agreement.
Great progress has been made and now things are oriented in the right direction, in the framework which was planned and thought out, in a legal and political framework, but at the start, I would like to express my respect for the opposition parties that have supported this process and in these moments for Kosovo, the consolidation and strengthening of the state of Kosovo.
On the other hand, as has been made known publicly, with regard to participation in elections and the date of elections, local elections in Kosovo will be held on November 3, and I would like to strongly emphasize that this is a result of a compromise in the Brussels meeting chaired by Baroness Ashton.
November 3 has been noted as a guideline date, as a result of compromise in the Brussels meeting.
This date reflects the political and civic reality in the Republic of Kosovo. It is within the regular constitutional and legal deadline in Kosovo, and though not being within the expectations of particular political subjects, it is in the interest of the country and all its citizens.
As the country’s prime minister, I consider it an extraordinary success to be able to hold the first local elections on the same day. This is happening for the first time in Kosovo and I think that holding local elections on the same day in the entire territory of the Republic of Kosovo, marks a great achievement in the process of normalizing and integrating the north, in the territorial and social sense.
For the first time, these elections, the November 3 elections, will be held after 15 years in the entire territory of the Republic of Kosovo, and after 15 years, we are ensuring the participation of all communities in local elections, elections which will be held according to Kosovar legislation and international standards.
For the first time, we have territorial and all ethnic inclusion and as the country’s Prime Minister, at the Brussels’ meeting, chaired by Baroness Ashton, I kept in mind the interest of the country and its citizens above those of any political subject in Kosovo.
My interest, goal and vision is to respect the constitutional and legal deadline, above the desires of any particular political group.
But, I feel good that in this government atmosphere, we have managed not to allow the holding of local elections on two different days, one for the north and one for the south, as others proposed.
It was at our insistence and because of our determination, and it was our decision to hold elections as the law requires on one day in the entire territory of the Republic of Kosovo and for all ethnicities.
We did not dare to allow elections to be held on two days and on a basis of territorial division, one day in the south and one day in the north.
There were proposals for this which were rejected. But, with respect for the opinion of various opposition colleagues regarding November 3, I say to you, now as the leader of the biggest party in the country and as Prime Minister, and leader of the majority governing Kosovo, we are ready to accept any date for local elections that the opposition proposes, if they take the responsibility to organize elections in the entire territory of the country on the same day.
Therefore, I invite everyone to set aside party interests and to look to the interest of the country’s integration and the inclusion in the elections of all ethnic communities living in Kosovo. This is secured, but if there is prejudice about November 3, I tell you publicly, that if I had decided I would have chosen the beginning and middle of November, and not this date.
This date was a compromise of the Brussels’ meeting led by Baroness Ashton. The interest was greater than what the weather will be like that day; the interest was that elections be held on the same date in the entire territory of Kosovo, with the participation of all ethnicities.
This means the full normalization and integration of the territory of Kosovo and the normalization of inter-ethnic relations and their inclusion in Kosovo’s institutions.
Whereas, with regard to other proposals for local elections that derive from this, they are serious. Elections must be held within the constitutional and legal term and we cannot accommodate those who want them at Bozhic or the feast of Saint George, but only within the regular constitutional and legal framework.
Let me emphasize once again, we will respect any decision or proposal from the opposition for an election date, as long as they take responsibility for ensuring that elections are held across the country on the same day.
This duty has already been secured and guaranteed. The date is contested, but let the opposition decide. All of us in the majority will vote for it and welcome it.
But, I invite everyone not to view processes with prejudice. I am sure that if we were to hold elections on two days, criticism would be harsh. I am sure that if we were to hold elections in two parts of Kosovo’s territory, in one part on one day and in another part, on another day, there would be great discontent. And I would not allow such a thing to occur. Thus, the actual date is of minor importance. Let the opposition make a proposal or give a guideline, and ensure and guarantee that elections will be held in the entire territory on the same day, and we will applaud their skill, courage, foresight and vision.
The government cabinet in today’s meeting reviewed and approved the Law on Amnesty.
The following is the full text of the presentation of this draft law by the Deputy Prime Minister Hajredin Kuçi:
Today, allow me to present to you the Draft Law on Amnesty. In the beginning, allow me to apologize and seek your understanding, since I will speak for a bit longer than usual in presenting this draft law which is of importance for you, Government members and I believe for the public.
Naturally, these clarifications will be made to the public and in the Kosovo Assembly and I should note that today, I am ready on behalf of the Government of the Republic of Kosovo, to meet with and advise the parliamentary groups of political parties in the Kosovo Assembly, one by one.
Everyone in the Government knows that the Draft law on Amnesty began in 2011 when we took a decision to amend the Constitution of the Republic of Kosovo, but this procedure was not completed by the end of the supervision of Kosovo’s independence and the amendments made to the Constitution this year.
The preparation of this draft law started in 2011, when we took a decision to amend the Constitution of the Republic of Kosovo, but this procedure could not be completed by the end of the supervision of Kosovo’s independence and the amendment to the Constitution made this year.
It was not planned at that time to have an amnesty only for Albanians, just as today we are not planning an amnesty just for Serbs.
The Law on Amnesty is within the constitutional competences of Article 65 paragraph 1 and 15, and it is in full compliance with the EU, and thus we are entirely in alignment with the EU, and with other international countries.
I know that expectations may be higher from people who are serving sentences or persons who are being prosecuted, but I also know that the Law on Amnesty guarantees full respect for equality before the law for all citizens of the Republic of Kosovo, regardless of their ethnicity or the territory where they live and reside, now or before.
This Law does not amnesty and will not amnesty murder of official persons, in any phase that has occurred, or of other citizens, and naturally, here I am referring particularly to murders of an ethnic motivation, official political persons or other issues.
This Law allows procedures and conditions which provide amnesty for persons convicted of a criminal offense, persons who are being prosecuted for a criminal offense or persons who are the object of a prosecution for crimes committed before June 20, 2013.
Naturally, all perpetrators of crimes listed in this Law who committed these acts prior to June 20, 2013, will enjoy full or partial release from the execution of their sentence, in accordance with the conditions set out in this law. This law will be approved by 2/3 in the Kosovo Assembly.
This includes persons against whom an indictment has still not been filed or against which prosecution has not started, and which up to the date of the entry into force of this law, remains in detention in the Republic of Kosovo or outside of it.
Those relating to the Republic of Kosovo will be reviewed by domestic courts whereas those outside the country will be dealt with by a Ministry of Justice decision.
Allow me to say that 45 crimes, which are listed and will be published, will have their sentence reduced by 20 per cent.
Another issue is persons who have been sentenced for the first time for 3 months. We did not think that they should be released entirely from the execution of the sentence of imprisonment.
In addition, for persons who have been sentenced for the first time for 3-6 months, we plan to reduce their sentences by 50 per cent.
Whereas, persons aged over 65, should have a sentence of imprisonment reduced by 25 per cent.
Naturally, this all applies to a final and single conviction.
Amnesty conditions apply to prosecution and the full serving of a sentence, thus it includes two phases, for those who are serving sentences and for those who are in the stage of prosecution.
This includes crimes such as participation in various groups, crowds, acts of hooliganism, and in all cases, protests, demonstrations, when the perpetrator of the crime has not caused serious bodily injury or death.
Any person, who has participated in hooliganism, or crimes or other acts resulting in bodily injury or death to an individual, will not be amnestied.
We have been careful that the amnesty includes all periods, when the Criminal Code of the RS of Yugoslavia applied, as well as UNMIK’s laws, but also the Criminal Code of the Republic of Kosovo.
We have also excluded participation in a group that committed crimes resulting in serious bodily harm or murder and this exclusion guarantees for the citizens of the Republic of Kosovo, I believe, that such an amnesty will not be issued.
In addition, the amnesty will exclude persons who up to the date of entry into force of this law, were served with an arrest warrant but did not attend the court. No one who failed to attend court for sentencing will benefit from the amnesty.
Those persons who have been sentenced with imprisonment without parole twice, and with a sentence that was not delayed, will not be included in the amnesty.
The amnesty will not be applied especially to crimes against international actors in international security forces or domestic security forces, if those resulted in bodily harm or murder.
As soon as this law enters into force, within 72 hours the competent bodies will be informed, namely the first instance court, with regard to persons serving sentences who are included in the Law on Amnesty.
Furthermore, full information will be given about the start of the execution and expiration of the sentence by competent courts. In addition, within 3 days the issue will be reviewed and sent to the competent court for execution of the amnesty. In concrete cases, the court will take a decision within 7 days and when dealing with one of our citizens who is in another country, the Ministry of Justice will provide notification.
Deciding about applying the amnesty from prosecution will occur and be completed within 30 days of the entry into force of this Law, when the competent prosecutor will take a decision according to official duties in accordance with the Criminal Procedure Code to dismiss criminal charges, as provided for in the Law on Amnesty.
Within 60 days of the entry into force of this law, effective sentences that fall within the scope of this law will be erased from the criminal record.
We should emphasize one fact, that always when we are dealing with a case of confiscation, in accordance with the Law on Criminal Procedure, which is based partly on that person committing a crime, there will be no amnesty. Thus, confiscated goods will not be included in the amnesty.
Finally, allow me to emphasize that appeals can be made against this decision in the Court of Appeal.
I am convinced that through this process the full application of the law in Kosovo will be assisted, equality before the law, and I am also convinced that it will assist the integration of citizens in our judicial, political and economic system, but it is also the first time, that Kosovo has the opportunity to demonstrate its political will for amnesty, a will that of course probably existed before.
Naturally, this does not include and will not satisfy the expectations of all those who think they should benefit from an amnesty, but I say this is the first time that amnesty is being given.
In addition, I would like to emphasize that this amnesty will affect the re-socialization of persons, in particular times for particular acts, and they will be able to return to society as equal citizens, or by reducing their sentences by the percentages that I outlined.
In today’s meeting of the Government, the Minister of European Integration, Vlora Çitaku informed the government cabinet about preparations made to start negotiations on a Stabilization and Association Agreement.
The following is the full text of the statement given by Minister Çitaku:
Over time, Kosovo has met all the short-term criteria set out in the publication of the Feasibility Study of October last year.
There were a number of criteria in four areas, in the field of public administration reform, in trade, in protection of communities, and in law and order. The criteria which are outlined in the Feasibility Study have been met thanks to the great commitment of all institutions and political actors, and in early March of this year, we sent a letter to Commissioner Fule, with a table setting out compliance with our obligations.
The fulfillment of these short-term criteria was confirmed by the European Commission in April, and we now rightly expect the European Commission and Council of Ministers to decide on opening negotiations for a Stabilization and Association Agreement.
Kosovo is a specific case for the European Union itself. For the first time, the European Commission has opened negotiations for a Stabilization and Association Agreement with a country which is not recognized by all European Union member states, but we should applaud the creativity of the European Commission, also thanks to the fact that Kosovo is the last and only Stabilization and Association process after the Lisbon Treaty, and this Treaty has strengthened the mechanisms of the European Union, and has enabled them to enter into contractual relations with Kosovo, without needing recognition from all EU member states.
The Stabilization and Association Agreement, namely the negotiating directives, those that we have seen informally, as they are anticipated to be approved officially in the coming days, indicate a substantial SAA for Kosovo. There were fears that precisely because of political complexity, the SAA for Kosovo would not have the same content as SAAs of other countries in the region, but from what we have seen and been told by the European Commission, but also by Kosovo’s EU partners, the SAA will have all the components that it should do, not just trade, as was feared, but also political and justice components, and so on.
I believe this is good news. Now we have another test for the European Union. It would not be good if there was a delay for Kosovo, because of Serbia’s failure to fulfill obligations and achieve results with regard to the April 19 agreement. Kosovo has demonstrated seriousness in meeting the technical criteria, in the dialogue facilitated by Baroness Ashton, and the opening of SAA negotiations is not a gift, but a process based on merit.
We should also clarify, this is not about signing the SAA; it is about opening negotiations for signing the SAA. Negotiations will take time. Countries have negotiated SAAs, some for six months, some for a year. The good news is that Kosovo enters the process more prepared than the countries of the region. We have already established a negotiating structure, we have a chief negotiator, we have bodies that will be involved in this process, and we believe we will be able to finish the agreement in a very quick time, in order to sign it, and then to open the door for Kosovo to apply for candidate status in the European Union.
This will be a long road, but with the negotiating of the SAA, Kosovo enters an irreversible path towards integration into the European Union and with the opening of this chapter, the speed and dynamic will largely depend on the fulfillment reforms here at home.
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In the government meeting, it adopted the draft law on ratification of the Framework Agreement between the Government of the Republic of Kosovo and the European Investment Bank, which regulates the activities of the European Investment Bank in the Republic of Kosovo, according to the agreement signed on June 7, 2013 in Prishtina. With this agreement, the private sector will benefit especially by taking advantage of low interest loans.
Also, the cabinet approved the Draft Law on Ratification of the Financial Agreement “Istisna’a ” and the Agreement for the ” Istisna’a” Agency on Financing the Extension of the Road between Millosheva – Mitrovica Street m2, at a cost of 15.4 million Euros, concluded between Government of the Republic of Kosovo and the Islamic Development Bank.
At the proposal of the Ministry of Finance, the cabinet approved the Draft Law on the Ratification of a Financing Agreement, signed between the Government of the Republic of Kosovo and the International Development Association, relating to the Second Additional Financing of the Project for a Clean Energy Sector and soil reclamation.
The value of the agreement is 3.2 million Euros, and it will be implemented by the Ministry of Environment and Spatial Planning and the Kosovo Energy Corporation. This agreement aims to address and remedy environmental problems inherited from the open dumping of ash on the ground by the Kosovo A power plant.
“Through this agreement, KEK will be able to release land currently covered by heaps of material, for the purpose of community development and it will enable the regulation of the ash dump at Kosovo A. The project will allow KEK and the Ministry of Environment to implement continuous cleaning operations and to apply environmental best practices to the environmental and energy sectors. It should be noted that the credit conditions are extremely favorable and do not pose any problem for the budget of the Republic of Kosovo,” said Finance Minister Besim Beqaj.
Last modified: July 31, 2022