Constitutional framework

With UN Security Council Resolution 1244 (1999) Kosovo has been placed under ”an interim administration for Kosovo under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia, and which will provide transitional administration while establishing and overseeing the development of provisional democratic selfgoverning institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo”.

In May 2001, UNMIK enacted a constitutional framework for Provisional Self-government which provides for the gradual transfer of competencies from UNMIK to the Provisional Institutions of Self-government (PISG)

On 26 March 2007, UN Special Envoy for the Status Negotiations Process, Martti Ahtisaari, presented his report to the UN Secretary General including a “comprehensive proposal for the status settlement”. According to this proposal which provides for a supervised independence of Kosovo, the president of Kosovo should, immediately after the entry into force of this settlement, convene a constitutional commission with the task of drafting a constitution on the basis of the constitutional provisions contained in the proposal.

In the following months, Ahtisaari’s proposal was developped further by a working group composed of representatives of the international community and, in particular, of the International Civilian Office (ICO), and of the Kosovo institutions.

The draft was made available for public debate after Kosovo’s declaration of independence. Romano Them, together with other Roma NGOs, has submitted its comments to the Constitutional Commission. The organisations have asked substantial improvements in order to safeguard the rights of Roma.

The constitution was endorsed by the Kosovo Parliament on April, 9th and will enter into force on June 15th. Romano Them regrests that none of the proposals submitted by a coalition of Roma NGOs was taken into account, and fears that the constitution will confine Roma to the status of third class citizens.

 See also: Kosovo Constitution: Romano Them regrets lack of improvement for Roma community