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<p align="justify"><b>Doc. 9290</b></p>

<p align="justify">12 December 2001</p>

<p><b>Ad Hoc Committee for the observation of the elections to the Kosovo Assembly &#8211; 17 November 2001</b></p>

<p align="justify">Report</p>

<p align="justify">Bureau of the Assembly</p>

<p align="justify">Rapporteur: Mrs Tarja Kautto, Finland, Socialist Group</p>

<p><b>Introduction</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; At its meeting on 4 July 2001 the Committee of Ministers accepted the invitation of Mr. Hans Haekkerup, Special Representative of the Secretary General of the United Nations, and Ambassador Daan Everts, Head of the OSCE Mission in Kosovo and Deputy Special Representative for Institution Building, to organise the international observation of the elections to the Kosovo Assembly and approved the setting up of the Council of Europe Election Observation Mission II (CEEOM II).</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CEEOM II was set up on 15 July 2001 with Mr Owen Masters as Head of Mission and Mr Vladimir Dronov, seconded by the Parliamentary Assembly Secretariat, as Deputy Head of Mission. The tasks of the Observation Mission were to assess the final phase of the voter registration, and to observe the electoral campaign and elections for the Kosovo Assembly  in Kosovo as well as in Montenegro and Serbia were IOM organised the registration and election polling for the Internally Displaced Persons (IDPs) from Kosovo. Furthermore the CEEOM II observed the mail-in voting and registration processes organised by the IOM.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; At its meeting on 7 September 2001 the Bureau of the Assembly decided to observe the elections to the Kosovo Assembly and to set up an ad hoc committee for this purpose. Based on the proposals of the Assembly&#8217;s Political Groups, the ad hoc committee was composed as follows:</p>

<p align="justify"><b>Socialist Group (SOC)</b></p>

<p align="justify">Mrs Tarja KAUTTO&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;    Finland</p>

<p align="justify">Mrs Ans ZWERVER&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;    The Netherlands</p>

<p align="justify"><b>Group of the European People&#8217;s Party (EPP/CD)</b></p>

<p align="justify">Mr  Björn von der ESCH&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   Sweden </p>

<p><b>Mr Renzo GUBERT</b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;    I<b>taly</b></p>

<p align="justify">Mr Emerenzio BARBIERI&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   Italy</p>

<p align="justify"><b>European Democratic Group (EDG)</b></p>

<p align="justify">Mr Cevdet AKÇALI&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;    Turkey</p>

<p align="justify">Mr Azis POLLOZHANI&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   The Former Yugoslav Republic of Macedonia</p>

<p align="justify"><b>Liberal, Democratic and Reformers&#8217; Group (LDR)</b></p>

<p align="justify">Mr Dra&#382;en BUDI&#352;A&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;    Croatia</p>

<p align="justify">Mr Roman JAKI&#268;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;    Slovenia</p>

<p align="justify"><b>Group of the United Left (UEL)</b></p>

<p align="justify">Mrs Tatana JIROUSOVÁ&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   Czech Republic</p>

<p align="justify">Mrs Maggi MIKAELSSON&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;   Sweden</p>

<p align="justify"><b>Secretariat </b></p>

<p align="justify">Mr John HARTLAND &#8211; Councillor </p>

<p align="justify">Mr Bas KLEIN &#8211; Co-Secretary</p>

<p align="justify">Mr David &#262;UPINA &#8211; Co-Secretary</p>

<p align="justify">Mr Lars NYCTELIUS &#8211; Executive Assistant</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The ad hoc committee met from Wednesday 14 till Sunday 18 November 2001. Mr. Roman JAKI&#268; (Slovenia, LDR) was elected Chairman and I was appointed Rapporteur of the ad hoc committee. We observed the elections in close co-operation with delegations from the OSCE Parliamentary Assembly and the European Parliament. A delegation from the Congress of Local and Regional Authorities of Europe also observed the elections. The members  of the committee visited over 100 polling stations in Prishtina/Pri&#353;tina, Fushë Kosova/Kosovo Polje, Obiliq/Obili&#263;, Gjilan/Gnjilane, Prizren, Mitrovicë/Kosovska Mitrovica and Pejë/Pe&#263;. </p>

<p align="justify">5&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the light of these observations and following consultations with the European Parliament and the OSCE Parliamentary Assembly a joint statement (see Appendix I) was made that concluded that the elections were well organised and that the voting took place in an orderly and calm fashion. The &#8220;Parliamentary Troika&#8221; pledged their continuing support and solidarity with the people of Kosovo in their historic task to build a democratic society based on the respect for human rights and the rule of law.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In addition to observing the elections the members participated in a two day briefing programme organised by the CEEOM II. For those members of the parliamentary delegations who could only arrive late in the week a special briefing session was organised. In addition the leadership of the three parliamentarian delegations held meetings before the elections with Mr Hashim Thaci - leader of the Democratic Party of Kosovo (PDK), Mr Ramush Haradinaj &#8211; leader of the Alliance for the future of Kosovo (AAK) and Mr. Ibrahim Rugova &#8211; leader of the Democratic League of Kosovo (LDK).</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The support for the parliamentary election observation mission was given by the CEEOM II, in line with its terms of reference. However on several occasions the specific nature and needs of the parliamentary delegations needed to be clarified. For future occasions it should be ensured that logistical and technical details are not allowed to overrule the political objectives of the parliamentarian election observation exercise.</p>

<p align="justify"><b>The Political Context</b></p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In total 26 political entities were registered by the OSCE for these elections. The political landscape in Kosovo is dominated by three political parties, the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo (LDK) and the Alliance for the Future of Kosovo (AAK) around which the electoral campaign centred. The three parties did not differ widely in their main political message: the need for an independent Kosovo and the campaign seems therefore to have been mainly focussed on the personalities leading these three parties. It is noteworthy that all three parties declared themselves open for possible coalitions after the elections and did not exclude coalitions and cooperation with any party, including the Koalicija Povratak. It is hoped that this is not only campaign rhetoric.</p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The main question overshadowing the electoral campaign was that of the participation of Kosovo Serb community in the election. It was clear from the meetings with the Serb leadership during the pre-election mission that the final decision regarding participation in the elections would be taken by the leadership in Belgrade. The main Serb demands for participation centred on the return of IDPs, security and freedom of movement as well as a solution to the question of missing persons. Only after several calls by international leaders, and after receiving assurances from the international community that the question of independence for Kosovo would not be on the agenda of the Kosovo Assembly for the next three years, did the parliaments of the Federal Republic of Yugoslavia and Serbia, as well as President Ko&#353;tunica endorse on 3 November 2001 the participation of the Kosovo Serb community in the elections..</p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In order to gain a better understanding of the political situation and stakes in these elections  period a pre-election mission to Kosovo was organised from 21 to 24 October 2001 with the aim to observe the election preparations and electoral campaign. The delegation that visited Kosovo was composed of a representative of each political group in the Assembly and consisted of: Mrs Maggi MIKAELSSON (Sweden, UEL), Mr Roman JAKI&#268; (Slovenia, LDR), Mr Cevdet AKÇALI (Turkey, EDG), Mr. Lars RISE (Norway, EPP/CD) and Mrs Tarja KAUTTO (Finland, SOC). The members met with the leadership of  the Democratic Party of Kosovo (PDK), the Alliance for the future of Kosovo (AAK), the Democratic League of Kosovo (LDK), the People&#8217;s Movement of Kosovo (PDK), the Bosniac Party of Democratic Action of Kosovo (BSDAK), and the Turkish Democratic Party of Kosovo (KDTP) as well as with Mr. Oliver Ivanovi&#263; and Bishop Artemije of the Serb National Council, Ambassador Daan Everts &#8211; OSCE Head of Mission , Peter Erben &#8211; OSCE Head of Election Operations, the Ombudsperson for Kosovo Mr Marek Novicki and the staff of the CEEOM II. The rapporteur would like to thank the CEEOM II for the excellent organisation of the pre-election mission.</p>

<p align="justify"><b>The Pre-Election Period</b></p>

  <ul><p align="justify"><i>a. Legal Framework</i></p>

</ul><p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Special Representative of the Secretary General of the United Nations (SRSG), Mr Hans Hækkerup announced on 14 May 2001 that the elections for the Kosovo Assembly would be scheduled for 17 November 2001, in accordance with the mandate given by the United Nations Security Council<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1244"> Resolution 1244</a> to develop provisional democratic self-government institutions for Kosovo. The announcement came after the promulgation of Regulation No. 2001/9 entitled &#8220;Constitutional Framework for Provisional Self-government&#8221;.  The provisions concerning the Kosovo Assembly are to be found in Section I of Chapter 9 of the Regulation. It should be recalled here that the Provisional Institutions of Self-government are: the Assembly, the President, the Government, the Courts, and other bodies laid down in the Constitutional Framework. The OSCE Mission in Kosovo (OMIK) was responsible for the organisation and implementation of these elections.</p>

<p align="justify">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; For these elections Kosovo was a single electoral constituency with seats allocated on a proportional basis. The Assembly is composed of 120 seats, of which 20 are set aside to ensure representation of the minority communities in the Assembly. The Serb community was allocated ten seats, the Roma, Ashkali and Egyptian (this term is contested) community four seats, the Bosniac community three seats, the Turk community two seats, and the so-called &#8220;Gorani&#8221; community one seat. These set aside seats were added to any other seats that the communities won of the 100 seats for which all voters voted. Voters had to vote for a closed candidate list with no preferential vote for an individual candidate possible. The list of candidates was drawn up by political entity. Due to the late finalisation of the candidate list  of Koalicija Povratak (Coalition Return), their candidates were not listed on the posters provided by the OSCE to the polling centres, which created confusion in some polling stations</p>

<p align="justify">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The length of the mandate of the Assembly is three years. The Assembly can be dissolved by the SRSG on his own initiative or at the request of two-thirds of its members being communicated by the President of Kosovo, which is elected by the same Assembly. The responsibilities of the Assembly are: the adoption of laws (binding legislative acts) and resolutions (non-binding declarations) in the areas of responsibility of the Provisional Institutions of Self-Government, the endorsement of the Presidency of the Assembly, the election of the President of Kosovo, the endorsement or rejection of the candidate for the Prime Minister, decision-making on other appointments specified in the Constitutional Framework, the consideration and endorsement of proposed international agreements, the decision on motions of no-confidence in the Government, the instruction to the Government to prepare draft laws, the adoption of the rules of procedure, and the other responsibilities specified in the Constitutional Framework and in other legal instruments. </p>

<p align="justify">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Central Election Commission (CEC), chaired by the OSCE Head of Mission, Mr Daan Everts, was responsible for the drawing up of electoral rules. It was composed of representatives of the parties represented on the UNMIK Joint Interim Administrative Structure (JIAS), three members of the Kosovar civil society, one representative of the Turkish community, one representative of the Bosniac community and three international members. The CEC appointed the members to the Municipal Election Commissions (MECs). The Election Complaints and Appeal Sub-Commission (ECAC) ensured compliance with the Electoral rules and, with the approval of the CEC, could sanction candidates, political entities and members of electoral bodies.  </p>

  <ul><p align="justify"><i>b. Voter registration and certification of Parties and Coalitions</i></p>

</ul><p align="justify">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Voter registration started on  30 July 2001. The initial response to register was disappointing especially among the Kosovo Serb Communities within Kosovo. Only after public statements of support for registration by Serbian leaders such as Bishop Artemije, Patriarch Pavle and President Ko&#353;tunica of the Federal Republic of Yugoslavia did the registration among Kosovo Serbs increase significantly. In order to deal  with this sudden surge in demand for registration the voter registration period was extended by the Central Election Commission (CEC) with two weeks till 22 September 2001. </p>

<p align="justify">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The International Organisation for Migration (IOM) managed on behalf of the OSCE the Out of Kosovo voting and registration services, which were governed by the electoral rules and decisions of the CEC. Registration Centres were set up in Serbia and Montenegro while Kosovo citizens living elsewhere could register by mail via the IOM offices in Vienna. In order to be eligible to register and vote a person had to proof that he or she was living in Kosovo on 1 January 1998. While this requirement disenfranchised a percentage of the Kosovar diaspora it was generally accepted that it helped to dispel the fear among the communities in Kosovo that the final voters list would not be a true reflection of the ethnic breakdown in the province.  </p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In total 1.249.987 persons were registered to vote among whom approximately 100.000 in Serbia and Montenegro and approximately 30.000 by mail. The CEEOM II concluded that the registration process had been conducted in a manner in accordance with international standards, with very few reported cases of violence or intimidation.</p>

<p align="justify">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  The CEC registered in total 26 political entities (23 parties, coalitions and citizens initiatives and 3 independent candidates). Of these 26 political entities one represented the Kosovo Turk community, two represented the Kosovo Bosniac and Gorani communities and 3 represented the  Kosovo Roma, Ashkali and Egyptian communities. On 24 September, after long internal negotiations, the coalition of Serb political parties and community organisations,  Koalicija Povratak (Coalition Return) was certified. In total 4 parties were refused certification due to unacceptable signature lists supporting their registration. </p>

<p align="justify">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In total 1.282 candidates on lists of the certified political entities were approved by the CEC. The rapporteur welcomed the CEC requirement that every third person on the candidate list should be a woman. This means that women will make up for approximately 20% of the members of the Kosovo Assembly. All political entities complied with this requirement.  Persons serving as judges or prosecutors, members of the Kosovo Police Service and Kosovo Protection Corps (TMK), as well as persons convicted or indicted by the International Criminal Tribunal for the Former Yugoslavia in the Hague were prohibited from being candidates for the Kosovo Assembly. Due to international concern in the wake of the 11 September attacks the SRSG instructed the CEC not to accept as candidate any individual mentioned on the so-called &#8220;United States Black List&#8221;.</p>

  <ul><p align="justify"><i>c. The Election Campaign</i></p>

</ul><p align="justify">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The election campaign started on 3 October and ended on 15 November 2001 with a 24 hour &#8220;period of reflection&#8221; before the elections on 17 November. The election campaign was not as high profile as the campaign for the municipality elections in 2000, and took place in a relatively calm atmosphere while few instances of political violence and unrest were recorded. It is noteworthy that most instances of political violence recorded by the Political Violence Taskforce where intra-ethnic in nature. All parties during the pre-election mission of the Assembly stated their satisfaction about the manner in which the electoral campaign was conducted.</p>

<p align="justify">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The ad hoc committee regretted that the endorsement by the Serbian leadership for the participation in the elections came at such a late stage as it left little time for the campaign among the Kosovo Serb community as well as for the organisation of the elections in Serbia and Montenegro</p>

<p align="justify">22. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; During the campaign the media were governed by Electoral Rule No. 7/2001, (repealing the former Electoral Rule No. 2000/11), which obliged the media to ensure that  all registered entities were given fair coverage, and the broadcast media to provide equitable free broadcast time to all these entities. All paid political advertisements on the broadcast media were prohibited. It was regretted that the main focus of the media was on the three largest parties, giving little visibility to the smaller parties and the representatives of the minority population. The media coverage of the campaign was prohibited twenty-four hours prior to the opening of the polling stations until their closure, and this provision was respected<font color="#ff0000">. </font></p>

<p align="justify">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; During the campaign period accusations were made about the alleged partiality of representatives of the international community. The ad hoc committee stresses the importance that the international community is seen as impartial and objective by all communities and political entities in Kosovo. Representatives of the international community should therefore avoid at all costs any actions that could be seen as biased to or subjective to one entity of community or the other.</p>

<p align="justify"><b>Election Day</b></p>

<p align="justify">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The elections were carried out free and fair and in a calm and orderly fashion conform international democratic standards. Polling stations in general opened and closed in time and queues were well managed and orderly.</p>

<p align="justify">25. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; These elections took place under full international supervision, with international supervisors present in every polling station. In the framework of the CEEOM the elections were observed by around 200 short term international observers in addition to 20 long term observers who had started their work in the field since July 2001. Furthermore, the ad hoc committee welcomed the large number of domestic observers present in the polling stations<font color="#ff0000"> </font>from such non-governmental organisations as KMDLNJ (Council for the Defence of Human Rights and Freedoms), IFES (International Foundation for Election Systems) or CeSID (Centre for free and democratic elections).   </p>

<p align="justify">26. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Considering that international election supervisors were present in all polling stations the local election officials in general carried out their tasks in a professional and competent manner as expected. Nonetheless this is a positive step in the direction of creating the conditions for self-organised elections in the future.</p>

<p align="justify">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In comparison to similar elections few problems were encountered with the voters list. The fact that pictures were added to the voter registration data certainly helped in this respect. The adding of photos on the voter list could be a model for similar other elections.</p>

<p align="justify">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The minority turn-out, especially in Serb areas, was very low in the first part of the election day. Only in the last hours before the closing of the polling stations a massive surge in voting was recorded in the Serb minority areas.</p>

<p align="justify">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The flying of Albanian flags in and around polling stations was a course of concern. A clear policy regarding the flying of community flags was absent and should be developed, in consultation with the communities concerned, for future elections. Maps of Albania, and more worryingly of &#8220;greater Albania&#8221;, as well as portraits of the Albanian national hero, Skenderbeu, were visible in schools serving as polling centres in the municipality of Gjilan. Some were removed upon the request of international supervisors before the opening of the polling stations.  </p>

<p align="justify">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Regrettably, international observers noted attempts to prevent voters from voting in Northern Mitrovica. Observers in the municipality of Prizren observed that two voters were refused the right to vote, because their identification papers (in this case driving licences) contained names written in a different language (Serbian) than the language in which their names appeared on the civil register (Turkish).  </p>

<p align="justify">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As a result of the global Anthrax scare the OSCE decided to open all mail&#8211;in votes in a secure location specially set up for the occasion. The main reason for this was that any suspected mail item would have resulted in the closure of the central counting facility for a period of two days which would have let to an unacceptable delay in the announcement of the results of the elections. The processing of the mail-in votes at this secure location was also observed by the CEEOM II and parliamentary delegations. Your rapporteur fears that this special treatment for mail-in votes could become a standard feature for our elections.</p>

<p align="justify">32. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The counting of the votes took place in a rapid and efficient fashion with the preliminary results being available on the evening of the election day.</p>

<p align="justify"><b>Results of the ballot</b></p>

<p align="justify">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The final turn-out in the election was 64.3% . Among the Kosovo Albanian community the turn-out was 65% and in the Kosovo Serb community 46%. The turn-outs in Serbia and Montenegro were 57% and 56% respectively. The ad hoc committee regretted that the overall turn-out was markedly lower than for the 2000 Municipality elections where the turn-out was around 80%, but welcomed the higher-than-expected turn-out of the Kosovo Serb community despite their late decision to participate in the elections and therefore short electoral campaign.</p>

<p align="justify">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The CEC announced the final results of the elections on 26 November 2001. From the Kosovo Albanian parties the clear winner was Mr Rugova&#8217;s  Democratic League of Kosovo (LDK) with 45.65% of the vote or 47 seats, followed by the Democratic Party of Kosovo (PDK) with 25.7% of the vote (26 seats) and the Alliance for the Future of Kosovo (AAK) with 7.83% of the vote (8 seats). Four other Kosovo Albanian entities, the National Movement for Liberation of Kosovo (LKCK), the People&#8217;s Movement for Kosovo (LPK), the Justice Party (PD) and the Albanian Christian Democratic Party (PSHDK) won each one seat in these elections.</p>

<p align="justify">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Kosovo Serb entity Koalicija Povratak won 11.34% of the vote or 22 seats, including the 10 set aside seats for the Kosovo Serb community, making it the third political entity in the Kosovo Assembly. The Bosniac/Gorani entity Vatan won four seats (including 3 set aside seats) while the Bosniac Party of Democratic Action (BSDAK) received the other set aside seat for the Kosovo Bosniac community. The Kosovo Turkish Democratic Party (KDTP) won a total of three seats, including the two set aside seats for the Kosovo Turkish community. The Ashkali Albanian Democratic Party (PDASHK) received two of the four set aside seats for the Roma, Ashkali and Egyptian communities, while the other two seats will be taken by the New Democratic Initiative of Kosovo (IRDK) and the United Roma Party of Kosovo (PREBK). All other political entities failed to win any seats in the Kosovo Assembly.</p>

<p align="justify"><b>Conclusions</b></p>

<p align="justify">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; These first Kosovo-wide elections are an indispensable transitional step towards the construction of  a democratic society in Kosovo based on the respect for human rights and the rule of law. It is vital that all political entities and their leadership will accept the results of the election and will play a responsible and constructive role in the setting up and work of the Kosovo Assembly and other autonomous institutions to be set up further to these elections.</p>

<p align="justify">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; These elections are an important next step after the municipality elections that took place in September 2000 in the setting up of the institutions for self government and  further reconstruction of Kosovo. The crucial next phase will be the setting up and start of functioning of the of the Kosovo Assembly. These processes should be closely monitored by the Parliamentary Assembly and actively supported were necessary. It would be useful that a post-election mission will be organised at the earliest possible date to monitor the follow up to these elections.</p>

<p align="justify">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The rapporteur acknowledges the importance of the resolution of the Final Status of Kosovo for all constituent communities in Kosovo. However this debate should not be allowed to overshadow the current governing of Kosovo and the important issues for its future the that the Assembly should deal with in the immediate term. Security, freedom of movement for all inhabitants of Kosovo, the return of refugees (insofar as their security can be guaranteed), the right to property, the question of missing people and political prisoners as well as the participation of all communities in the governing of  Kosovo are key issues on the agenda.</p>

<p align="justify">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The independence and objectivity of the international election observation mission vis-à-vis the organisers of the elections (OSCE) has been crucial for the success of the election observation exercise. Especially where elections are organised under the supervision of intergovernmental organisations such as OSCE is the parliamentary component of the election observation mission an important element to guarantee this independence. This underlines the importance of the work of the Assembly in this domain.</p>

<p align="justify">40. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Rapporteur regrets the limited visibility in the international media of the CEEOM II and the parliamentary election observation, despite the importance of its mandate for the peace and stability in Kosovo and the region.</p>

<p align="justify">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As democratically elected representatives, the ad hoc committee stressed the need for the wishes of all Kosovo people, through their elected representatives, to be heard in any future discussion about the final status of Kosovo. In this regard it is hoped that the Assembly will become more citizen- than ethnic-focused, and that the political entities, now essentially divided along sometimes artificial ethnic lines, will develop into Kosovo-wide political parties promoting the concept of a Kosovar entity encompassing all communities, which is after all the fundamental reason for the presence of the international community in Kosovo.  </p>

<p align="justify">42.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The ad hoc committee would like to complement the CEEOM II for successfully carrying out its task of observing the elections to the Kosovo Assembly often with resources more limited than available to similar election observation missions organised by other entities. The committee would like to stress however that the Council of Europe should only accept similar election observation missions if sufficient resources are made available by the Member States to successfully carry out their tasks in a professional and competent manner.</p>

<p align="justify">43.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The working relations of the &#8220;Parliamentary Troika&#8221; proved to be cordial and efficient. The working model as established during these elections should be the basis for future election observation missions.</p>

<p align="justify"><b>APPENDIX I</b></p>

<p><b><a name="P155_25957"></a>Kosovo Assembly elections bring democracy forward </b>

<br><b>and strengthen regional stability</b></p>

<p align="justify">Pristina, 18.11.2001 &#8211; Yesterday&#8217;s Assembly elections in Kosovo were a significant step towards constructing a democratic society based on human rights and the rule of law in the aftermath of the 1999 conflict, concluded the International Election Observation Mission in a statement issued in Pristina today.</p>

<p align="justify">The joint statement welcomed the peaceful atmosphere of the election period and Election Day itself. It was issued by <b>Roman Jakic</b> MP (Slovenia), on behalf of the Council of Europe Parliamentary Assembly delegation; <b>Doris Pack</b> MEP (Germany), on behalf of the European Parliament delegation; <b>Bruce George</b> MP (UK), on behalf of the OSCE Parliamentary Assembly delegation; and <b>Owen Masters</b>, Head of the Council of Europe Election Observation Mission (CEEOM). </p>

<p align="justify"><i>&#8220; The people of Kosovo are ready to take a larger part in managing their own affairs. The election opens the way for a better-balanced partnership with the international community,&#8221; said Doris Pack, head of the European Parliament delegation.</i></p>

<p align="justify"><i>&#8220; We understand the difficulties of ethnic Serbs and other communities in Kosovo. It is vital that the new Assembly, as provided for in the Constitutional Framework, should work from the start on a multi-ethnic basis,&#8221; said Roman Jakic, head of the Council of Europe Parliamentary Assembly delegation</i>.</p>

<p align="justify"><i>&#8220; Democracy based on the integration of all ethnic communities is the key to stability and economic improvement in South East Europe. The test of this election will be the functioning of the new Kosovo Assembly,&#8221; said Bruce George, head of the OSCE Parliamentary Assembly delegation.</i></p>

<p align="justify">The Mission leaders said that the elections were well organised and that yesterday&#8217;s voting was orderly. The turnout of around 65% is markedly lower than last year&#8217;s municipal elections and this is a cause of some concern. However, indications are that all communities participated in these elections. Although they were late to enter into the election campaign, well over 40% of the Serbs cast their vote.  The Mission also welcomed the very high number of domestic observers.</p>

<p align="justify"><b>The International Observation Mission</b></p>

<p align="justify">The International Observation Mission was one of the biggest of its kind ever organised, with a strong parliamentary component &#8211; a 12-strong delegation from the Council of Europe Parliamentary Assembly, 9 Members of the European Parliament and a 50-strong delegation of the OSCE Parliamentary Assembly.</p>

<p align="justify">The three parliamentary delegations were also joined by the Congress of Local and Regional Authorities of Europe (CLRAE) and by international observers from Europe, North America and Japan, bringing the total to over 200. </p>

<p align="justify">The observation was led and organised by the Council of Europe Election Observation Mission (CEEOM), which has worked with 21 long-term observers in the field and a core team in Pristina since July.<b> </b></p>

<p align="justify"><b>Operational Information</b></p>

<p align="justify">This is an interim assessment only. A final assessment will follow a detailed analysis of data collected. A press conference is scheduled in Pristina on Thursday 22 November at 11am in the ABC cinema. A press conference will be held in Belgrade on Sunday November 25 at 11am in the Tanjug International Press Centre to coincide with the final count</p>

<p align="justify">For further information, please contact:</p>

  <ul><p align="justify">&#8226; Cathie Burton, Spokesperson, Council of Europe Election Observation Mission</p>

  <p align="justify">+381 38 518 101/100 Kosovo mobile: +377 44 201 466 French mobile: +33 685 11 64 93</p>

  <p align="justify">&#8226; Sabina Mazzi-Zissis, Administrator, European Parliament, +32-496 599 473</p>

  <p align="justify">&#8226; Jan Jooren, Press Counsellor, OSCE PA, +45 40304985</p>

</ul><p align="justify"><b>Kosovo Election Observation Mission Website:</b></p>

<p align="justify"><font color="#0000ff"><u><!-- TRANSIT - HYPERLINK --><!-- .http://www.coe.int/. --><a href="http://www.coe.int/" target="_top">www.coe.int</a></u></font><b> - </b>theme files<b>. </b></p>

<p align="justify"><b>International Election Observation Mission </b></p>

<p align="justify"><b>Preliminary Statement</b></p>

<p align="justify">Pristina, 18.11.2001 - These first Kosovo-wide elections - held in the aftermath of the 1999 conflict &#8211; were a significant step in the challenging process of constructing a democratic society based on the respect of human rights and the rule of law. </p>

<p align="justify">The International Observation Mission welcomes the fact that the elections took place in a more peaceful atmosphere than the local elections of 28<sup>th</sup> October 2000. </p>

<p align="justify">It recognises the unique nature of the elections that follow United Nations Security Council<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1244"> Resolution 1244</a> which calls for the development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo. The people of Kosovo were given an opportunity to elect their Assembly, with political and technical support by the international community.</p>

<p align="justify">The Mission congratulates the people of Kosovo for actively participating in the elections. It was encouraging that voters from all communities participated, giving hope for reconciliation between them. Serb participation in the elections was essential for building confidence in the future administration of Kosovo. It was also positive to see so many domestic observers active on Election Day.</p>

<p align="justify">The Mission concluded:</p>

  <ul><p align="justify">&#8226; The Electoral Code provided conditions for free and fair elections.</p>

  <p align="justify">&#8226; Registration was carried out successfully. Enough time and resources were given to this vital process. Even more importantly, the people of Kosovo made a decision to fully participate. It was significant that a large number of the Serb population of Kosovo registered.</p>

  <p align="justify">&#8226; The campaign was not as high profile as last year, but party rallies were often well attended and the political leaders made themselves available to the voters in each region. A number of incidents and disturbances did take place, but the level of violence was much lower than last year, which is to be welcomed. Sadly the Serbs delayed the decision to participate, leaving a short time for their campaign.</p>

  <p align="justify">&#8226;  In general, the media gave good coverage to rallies and other political events.  However, 70% of coverage went to the three main Albanian parties, giving scant visibility to the smaller parties and to representatives of the minority population.</p>

  <p align="justify">&#8226; Mail-In voting was organised worldwide from 33 countries. The International Organisation for Migration in Vienna was in charge of processing these postal votes.  The mail-in process was efficient and transparent, with enough security guarantees to ensure that ballots were not mislaid or lost.</p>

  <p align="justify">&#8226; Based on the debriefing at 12h00 today (Sunday 18th November) of over 200 short-term observers, the elections were conducted in an efficient manner. Polling stations opened and closed on time. Last year&#8217;s queues were not repeated and this is proof that lessons learned have led to improvement.</p>

  <p align="justify">&#8226; Overall turnout was markedly lower than last year.</p>

  <p align="justify">&#8226; Questions remain about the participation late in the day of some none Albanian communities.</p>

  <p align="justify">&#8226; The flying of community flags in and around polling stations was a cause of concern as in last year&#8217;s elections, and should be the subject of future consultation and eventually a clear policy.</p>

  <p align="justify">&#8226; The organising authorities performed their duties in a constructive and professional manner.</p>

</ul><p align="justify">The Mission expects all parties and political leaders to respect the result of these elections. The significance of the 2001 Kosovo Assembly election will depend on the work of the elected Assembly.  The International Election Observation Mission stresses the responsible role that must be played by the political leaders and all Assembly members in promoting reconciliation and the construction of democratic institutions in Kosovo. Their main task will be to develop a civil society based on the respect of European standards of human rights and the rule of law.  Immediate issues include ensuring free movement, finding solutions on both sides to the question of missing people and releasing remaining political prisoners.</p>

<p align="justify">The Council of Europe Parliamentary Assembly, The OSCE Parliamentary Assembly and the European Parliament pledge their continued support and solidarity to the people of Kosovo in this historic task. </p>

<p align="justify">For further information, please contact:</p>

  <ul><p align="justify">&#8226; Cathie Burton, Spokesperson, Council of Europe Election Observation Mission</p>

  <p align="justify">+381 38 518 101/100 Kosovo mobile: +377 44 201 466 French mobile: +33 685 11 64 93</p>

  <p align="justify">&#8226; Sabina Mazzi-Zissis, Administrator, European Parliament, +32-496 599 473</p>

  <p align="justify">&#8226; Jan Jooren, Press Counsellor, OSCE PA, +45 40304985</p>

</ul><p align="justify">Kosovo Election Observation Mission Website:</p>

<p align="justify"><font color="#0000ff"><u><b><!-- TRANSIT - HYPERLINK --><!-- .http://www.coe.int/. --><a href="http://www.coe.int/" target="_top">www.coe.int</a></b></u></font> - theme files. </p>
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