Roundtable on drafting new constitution helps promote democratic values in Kosovo

When that time comes, Kosovo's leaders need to be ready and able to contribute to the process of drafting a new constitution that will enshrine strong democratic institutions and protect human rights.

To help meet the challenges ahead, the OSCE Mission in Kosovo organized a Parliamentary and Expert Roundtable on Constitutional Issues, which was held in Skopje in the former Yugoslav Republic of Macedonia, from 20 to 22 July this year.

Representatives from all Kosovo's communities, the provisional government, the Kosovo Assembly and various regional and international constitutional experts gathered in Skopje to share their ideas.

Addressing the opening session, the Head of Mission, Ambassador Werner Wnendt, told the participants: "The OSCE is organizing this event as part of its ongoing support to Kosovo's institutions. Its aim is to raise your skills, your professionalism and your knowledge.

"Based on good practices elsewhere in the world and on input from high-level experts, you will develop a good insight into the constitutional process."

Preparing for the future

Ambassador Wnendt also pointed out that the conference was not intended in any way to influence the outcome of the status talks, but rather to prepare Kosovo's communities for their aftermath.

The participants discussed core constitutional concepts such as human rights protection, power-sharing systems, implementation of the constitution, devolution of powers and institutions.

"I'm especially interested in institutions, because the goal of myself and my colleagues is a fully functioning and effective government," said Gjylnaze Syla, an MP for the Alliance for the Future of Kosovo (AAK).

"The process of drafting the constitution is as important as its content. Having a roundtable opens the door for what should be the process of drafting the constitution."

Open exchange of ideas

The conference participants also praised the design of the roundtable as not only providing excellent practise in the drafting process, but also enabling an open exchange of concepts and approaches.

"Training can sometimes be a one-way process, but this format seeks the views and input of all participants so that the roundtable can approach tough issues," said constitutional expert Fredrick Lorenz of the Public International Law and Policy Group (PILPG), which provides free legal assistance to countries or regions involved in conflict.

Constitutional handbook

Experts from Europe and the United States worked with the OSCE in facilitating discussions and writing the conference's post-conflict constitutional handbook.

The 116-page handbook brings together comparative analyses of over 150 constitutions into nine thematic chapters ranging from preamble provisions to protecting minority rights. The chapters weigh the pros and cons of different amendment procedures, legislative, executive and judicial structures, electoral systems and even provide sample language to help ensure a thorough and sustainable draft is developed.

Copies of the handbook in Albanian, Serbian and English were given to the 65 roundtable participants.

Matching theory and practice

Still, nobody is under any illusion that even a perfectly-crafted constitution will solve Kosovo's problems. Throughout history, matching theory and practice has proven to be a difficult task.

"You can't look at a document in isolation," said PILPG's Lorenz. "It still needs the support of the public, and it needs the support of officials and the government to implement it."

But through the exchange of ideas and the provision of tools, skills and knowledge by the OSCE and others, Kosovo is now gaining the means to create and sustain a more democratic society.