Public Administration Strategy:

Transcription

1 Draft Kosovo Public Administration Strategy: Towards a professional, responsive and impartial public service Provisional Institutions of Self-Government of Kosovo (PISG) United Nations Interim Administration Mission in Kosovo (UNMIK) July 2004

2 Public Administration Strategy Contents I. Introduction... 1 II. State of Public Administration in Kosovo... 4 III. The Way Forward: Strategic Areas and Objectives... 8 IV. Management of the Reform Process V. Sustainability and Risks of Reform Strategy Annex 1: Ongoing technical assistance in public administration

3 I. Introduction As the result of political, economic and administrative reconstruction in Kosovo during the past five years, the role of government and the functions of the public administration system have undergone a major transformation from the inherited conditions. While strong progress has been achieved in establishing the legal, institutional and procedural infrastructure required for a modern public administration system, the capacity gaps though still outweigh the strengths in Kosovo. For that reason, the Provisional Institutions of Self-Government (PISG) and the United Nations Interim Administration Mission in Kosovo (UNMIK) have decided to initiate the development of a Public Administration Strategy for Kosovo. An important objective with the formulation and adoption of the Public Administration Strategy is to attain consensus among stakeholders on key institutional development priorities in the public sector in Kosovo. Without clarity of vision, sense of direction, and commitment of all stakeholders to the further strengthening of the public administration system, development progress in Kosovo is likely to be further hampered. The establishment of a functioning public administration is also an essential part of the overall process of reconstructing political, economic, social and administrative governance in post-conflict Kosovo. An effective public administration that delivers services efficiently, transparently and equitably to citizens can have a powerful pacifying and unifying influence in Kosovo society, and thereby contribute to the development of social capital and enhanced trust in government. A. Key Milestones in the Reconstruction of Public Administration The reconstruction of public administration in Kosovo has passed through three major phases during the past five years. Each one of these inflection points has posed substantial challenges to local and international actors involved in the institution-building efforts. (1) Establishment of an Interim UN Administration for Kosovo. The adoption of the UN Security Council Resolution 1244 (UNSCR 1244) in June 1999 was the first major inflection point in rebuilding public administration in Kosovo. UNSCR 1244 authorized the Secretary- General, with the assistance of relevant international organizations, to establish an international civil presence in Kosovo in order to provide 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 self-governing institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo. The establishment of the Joint Interim Administrative Structure (JIAS), based on UNMIK Regulation 1999/1, was an important follow-up action to UNSCR The JIAS was created by the Special Representative of the Secretary-General for Kosovo (SRSG) in order to incorporate Kosovars-Albanian participation into governance structures after more than a decade of exclusion, effectively ending the parallel government structures previously established by ethnic Albanians, and thereby paving the way for the creation of a multi-ethnic civil service in Kosovo. (2) Formation of the Provisional Institutions of Self-Government (PISG). The formation of the PISG in March 2002, following the General Election in November 2001 and the adoption of the eight-point manifesto for socio-economic development, constituted the second major inflection point in the development of the public administration system in Kosovo. In pursuance 1

4 of UNMIK Regulation 2001/19, eleven ministries were established to carry out executive functions of the PISG, as defined in Chapter Five of the Constitutional Framework. Out of the eleven PISG ministries, seven ministries handle subjects considered to be part of the Civil Administration Pillar of UNMIK. The seven ministries are successors to the JIAS departments established by UNMIK. With the formation of the PISG, Kosovars assumed primary responsibility for the running of government, and UNMIK gradually withdrew from direct management responsibilities. As of December 2003, UNMIK has already transferred public administration responsibilities to the PISG in all non-reserved areas 1, including control over the relevant budgets. In accordance with UNMIK Regulation 2000/45, a number of powers and responsibilities have also been devolved to the 30 municipalities in Kosovo. These responsibilities are divided into three main categories, namely, subjects where: (a) the municipality is responsible within the laws regulating each activity; (b) the municipalities may take action within their territories; and (c) the municipalities shall be responsible for implementing regulations promulgated by the central authority, and for which commensurate resources are to be made available by the central authority. It is generally agreed that strong progress has been achieved over the past two years since the formation of the PISG in rebuilding public administration in Kosovo. Concrete strategies have been formulated under the leadership of PISG and UNMIK to promote political, economic and institutional development in Kosovo as stipulated in UNSCR Despite some setbacks, Kosovo has been gradually progressing towards self-government. A legal, institutional and administrative framework for civil service management, for example, has been built up in its entirety at both central and municipal levels. This new framework, based on European standards, has laid the foundation for the institutionalization of modern public administration in Kosovo. (3) Launching of the Kosovo Standards Implementation Plan. The launch of the Kosovo Standards Implementation Plan (KSIP) on 31 March 2004 by the Prime Minister of the PISG and the Special Representative of the Secretary-General (SRSG) for Kosovo constitutes the third major inflection point in the reconstruction of public administration in Kosovo. The KSIP contains specific targets, benchmarks and timelines for the next phase of political, economic, social and administrative reform in Kosovo. Public administration strengthening is an integral part of the overall strategy to reconstruct governance and revitalize economic development in Kosovo. Implementation of the Public Administration Strategy is also expected to contribute to the realization of the Kosovo Standards, as well as policy goals related to the Stabilization and Association Process of the European Union, which focuses on the West Balkans region. B. The Process of Developing a Public Administration Strategy PISG and UNMIK decided in the first half of 2003 to embark on a consultative process to formulate a Public Administration Strategy for Kosovo. This decision was greatly reinforced by the findings and conclusions of the following series of meetings: a delegation of PISG leaders, headed by Mr. Bajram Rexhepi, Prime Minister, visited the United Nations Department of Economic and Social Affairs (UNDESA) in New York, from October 2002, and participated in a roundtable meeting on the strengthening of the public administration system in Kosovo; a donor conference, organized by UNMIK in cooperation with the World Bank and the European Union in Brussels and held on 5 November 2002, placed the strengthening of the public 1 Reserved areas include the following: foreign policy, protection of the rights of minority communities, oversight of the judiciary and the police, and the administration of publicly and socially-owned enterprises. 2

5 administration system at the centre of a growth-oriented development strategy for Kosovo; and a seminar on civil administration, organized by UNMIK in Kosovo and held from November 2002, also highlighted the need to consolidate ongoing and future initiatives in this area within a strategic framework. The consultative process culminated in a Stakeholders Workshop, organized by PISG and UNMIK, held from 3-4 May 2004, which resulted in the development of a framework for public administration strengthening in Kosovo. The PISG and UNMIK have also set up a joint Steering Board for Public Administration (SBPA) to promote coordinated implementation of both ongoing and future initiatives to strengthen the public sector. The main tasks of the SBPA will be to: develop and announce a Vision Statement on Public Administration; approve the short and medium-term strategy for public administration; establish working groups for in-depth analysis of public administration issues, where required; provide overall guidance to relevant agencies as it relates to capacitybuilding measures; and guide the process of transfer of responsibilities from UNMIK to local authorities and related successor arrangements. In this context, the Public Administration Strategy can play a central role in promoting a coherent approach to the implementation of reform. Successful strengthening of the public administration system in Kosovo will require the adoption of a holistic and homegrown strategy that promotes the development of effective and sustained institutional capacities. This will include a four-pronged approach, namely (a) policy reform, (b) institutional strengthening, (c) capacity-building of staff, and (d) leadership development. In this context, policy and institutional reform, combined with leadership commitment, are essential prerequisites for the development of a strategy to strengthen the capacity of the human capital with the aim of revitalizing public administration in Kosovo. However, without effective leadership, policy and institutional reform will not work, and capacity development of human resources will not revitalize public administration. C. The Scope of Public Administration Strengthening Capacity development of the public administration system can take place at three levels: (a) the system, (b) the organization, and (c) human resources. For the purpose of the Public Administration Strategy, the focus of reform efforts will be on crosscutting subjects at these three levels. Crosscutting subjects include critical issues such as the role of government, its structure, processes and procedures, decentralization, accountability, and financial and human resources management. In this way, public administration strengthening will support, complement and facilitate service delivery improvements being initiated in different sector programmes. In implementing the Public Administration Strategy for the period 2004 to 2006, the PISG will particularly aim to: Facilitate the realization of the Kosovo Standards, as well as goals related to the EU Stabilization and Association Process; Promote the development of an enabling environment for the return of refugees and displaced persons; advance the difficult process of reconciliation; establish a multi-ethnic civil service; and maintain law and order, as well as peace and security; Develop mechanisms to institutionalize the participation of citizens through consultative processes; Promote the constant quest for concrete results, which will convince citizens that public administration reform does make a difference ; Ensure active participation of both the SBPA and the Committee of Permanent Secretaries in the implementation of reforms; 3

6 Mobilize additional resources to implement the reform programme; and Present a long-term horizon to ensure the ownership of successive governments. Finally, much analysis has already been undertaken to better understand the current problems and constraints facing the public sector in Kosovo, to gain consensus on priority issues and tasks to be addressed, and to build the necessary institutional capacity to manage the reform process during the next phase. For this reason, the PISG is now in a much better position to move from planning to full implementation of the next set of reform measures. The adoption of the Public Administration Strategy for the period 2004 to 2006 is intended to further support this critical process. II. State of Public Administration in Kosovo A number of studies have been carried out on the public administration system in Kosovo in the past few years, as mentioned earlier. The most recent one was a comprehensive study undertaken by UNDESA 2 in the second half of 2003, examining the capacity of the public administration system at three main levels, namely (a) the enabling environment, (b) the organization, and (c) human resources. The UNDESA study noted that significant multidimensional capacities exist within the present public administration, and immediate reform efforts should build upon these foundations. More specifically, the study identified the following strengths of the current public administration system in Kosovo: An existing, although not complete, constitutional, legal and regulatory framework for the management of the public sector; An institutional framework consisting of established central line ministries and departments, as well as local administrative structures at the municipal level; An existing, although not complete, base of operating policies, procedures and standards; and A political and executive management structure in the form of the PISG and the Cabinet, with evolving executive decision-making capacities. The UNDESA study also highlighted the essential role of public administration in the process of rebuilding political, economic, social and administrative governance in post-conflict Kosovo. This transformational process has involved major redrafting of the legal and policy framework governing the management of the public sector; the creation of functioning organizational structures, systems and procedures; and large-scale investment in capacitybuilding of staff in the public service. Based on the findings of the various assessment reports, as well as the outcome of the Stakeholders Workshop in May 2004, it is felt that there is particular need to strengthen public administration capacity in Kosovo in five main areas: firstly, to enhance checks and balances in the public administration system; secondly, to strengthen legal, policy and regulatory frameworks; thirdly, to improve executive decision-making, policy coordination and aid management; fourthly, to standardize organizational structures, administrative procedures and systems; and fifthly, to strengthen the management of the human capital in the public service. 2 See Public Administration in Kosovo: Situational Analysis and Strategy, UNDESA, July

7 A. Enhance checks and balances in the public administration system Sustainable institutions can only be built within a public administration system that fosters adequate checks and balances through core institutions, such as the Kosovo Assembly, the judiciary, and oversight bodies, as well as clear separation among the three branches of government. Public administration reform in Kosovo will require simultaneous capacity development of all the three arms of government. One of the principal roles of the Kosovo Assembly is to provide oversight of the Executive on behalf of the public. Strengthening the capacity of portfolio committees to provide financial and programmatic oversight of the PISG can further enhance the quality of governance arrangements. Improved oversight in Kosovo is also essential for more effective service delivery, as well as improved financial resources management. Taking into account the heavy politicization of government institutions, it is especially important to further strengthen the capacities of oversight bodies, such as the Auditor- General, the Ombudsman, and the Oversight Board of Kosovo. In addition, consideration should be given to the creation of specialized oversight bodies to combat corruption and to promote enhanced transparency in procurement in the public sector. Both the media and citizens play an important role in promoting accountability of public servants to citizens in Kosovo. An effective press lies at the heart of the integrity system. A professional, non-discriminatory and ethical media, operating within a sound legal and regulatory framework that enables it to convey information freely, fairly, and responsibly, has an important role to play in exposing corruption and unethical practices and promoting harmony in society. In addition, PISG can further strengthen accountability of public servants to Kosovars by promoting the use of citizens charters, service standards, report cards, client surveys, value-for-money studies and published benchmarks. As Executive functions are transferred to PISG, it also remains a high priority for both PISG and UNMIK to strengthen internal capacities to systematically monitor and evaluate progress in developing sustainable institutions in the public sector at both central and municipal levels. B. Strengthen legal, policy and regulatory frameworks While the legal infrastructure has generally been developed based on European standards for public sector management, it is felt by key stakeholders that Regulations 2001/36 and 2000/45 only provide the basic framework for civil service management at the central and municipal levels. This legal framework will need additional strengthening in the near future, both in terms of the range of issues covered, and also the elimination of ambiguities in the interpretation of the two laws. For these reasons, public officials at central and municipal levels have been able to exploit legal ambiguities to avoid accountability for the delivery of services. Other key areas where legal, policy and regulatory frameworks need to be further strengthened include civil service management; public utilities; transparency, accountability and integrity in governance; civil society; and the media sector. The challenge is also to strengthen the capacity of public institutions in Kosovo to implement existing laws and policies in a thoroughly efficient, transparent and equitable manner. C. Improve executive decision-making, policy coordination and aid management There is a lack of effective institutional capacity to formulate, coordinate and evaluate strategic policy options in the civil service in Kosovo. Draft Guidelines on Executive Business have been developed to regulate the coordination of governmental policy at the highest level. These guidelines are intended to strengthen the role of the cabinet as the highest political forum of the Executive. It is important that these guidelines be adopted and put into practice as soon as 5

8 possible in order to further improve the quality of cabinet decision-making. Guidelines have also been issued by the Office of the Prime Minister (OPM) for the drafting and submitting of laws by ministries to the Kosovo Assembly. These important guidelines need to become institutionalized as well, as it will further enhance the quality of the law-making process in Kosovo. There is also need to further strengthen coordination of economic, financial and administrative reform within the machinery of government. The OPM should play a key role in facilitating this important process. In the area of public administration, the SBPA and the Committee of Permanent Secretaries should similarly take a more active leadership role in coordinating reform efforts. Considering the high volume of technical assistance designated for capacity development of public administration, donor coordination also needs to be further strengthened. In this respect, the SBPA should play the role of overall coordinator of technical assistance to the public administration system. A Technical Secretariat, providing day-to-day internal and external coordination of public administration reform, needs to be established to support the SBPA. D. Standardize organizational structures, administrative procedures and systems Originally, it was envisaged that the structures of ministries would consist of the following administrative units: departments, divisions, sections and units. The implementation of this standard structure, however, has not been consistent across ministries. The result has been the creation of structures, which, in some cases, are not always compatible with the conventional organization of government. Weak harmonization of government structures has also led to the creation of more than 1,200 job designations in the civil service. There is an urgent need to issue an Administrative Direction that defines the structural taxonomy of ministries, including job designations. The continued existence of parallel administrative structures similarly challenges the day-to-day operations of some ministries and municipalities in Kosovo, particularly in the areas of education, health and administrative services. Integration of all structures under a joint PISG/UNMIK authority is critical for the implementation of the Public Administration Strategy. There is also need to build up strong administrative and financial management systems in the public service in Kosovo. The PISG should further strengthen its efforts to develop handbooks and guidelines for administrative and financial management in the civil service. In this context, the PISG should particularly strengthen the capacity of those central departments charged with the development of administrative, human resources and financial management standards, rules, procedures and capacity-building material. PISG needs also to invest in the development of sound systems for monitoring, accounting and auditing. An important prerequisite for effective transfer of responsibilities from international staff to locals is the existence of clear rules and procedures for the executive functions of government, including mechanisms to ensure compliance. Effective application of information technology can similarly help to strengthen the efficiency and common identity of the Kosovo civil service. The formulation of an e-government strategy should become an integral part of a comprehensive IT transformational process in Kosovo. The performance of municipalities has so far been quite uneven for a number of reasons. Generally, the functioning of municipal assemblies could be improved by better prepared and conducted meetings, including providing documents on time; greater public input into policy deliberations; more efficient secretariat services; enhanced work of committees; and better links with outlying villages. Municipalities also regularly suffer from lack of professionalism in public administration; absence of essential rules for the functioning of assembly secretariats; lack of 6

9 guidelines for the establishment of portfolio committees; inadequate administrative systems and infrastructure; weak management; insufficient understanding of assembly members of their roles and responsibilities; and poor institutionalization of the principles of transparency and accountability in public management. E. Strengthen the management of the human capital in the public service There is growing realization amongst decision makers in Kosovo that policy and institutional reform per se will not be sufficient to revitalize the public sector. The reform emphasis will therefore need to shift towards greater focus on the role of leadership and human resources in revitalizing public administration. Institutional effectiveness in the public sector in terms of the quality of organization, rules and norms is very much underpinned and sustained by the quality of leadership and the capacity and motivation of the human capital. This places capacity development of leaders and staff at the centre of efforts to reform the public administration system in Kosovo. The UNMIK-PISG capacity development strategy, adopted in April 2001, requires departments to recruit or appoint citizens of Kosovo to all senior and middle-level posts in the civil service, and to systematically transfer substantive responsibilities and authority to them from international staff. The transfer process in non-reserved areas has now been complete and almost all functions in the public administration system are being handled by Kosovars. In Kosovo, the representation of minorities remains highly inadequate at all levels or at approximately 8 per cent in central government and significantly lower at the local level. According to the Executive Branch Regulation (2001/19), the civil service should comprise about 15 per cent Kosovars-Serbs and 10 per cent from other minority communities. It remains an important challenge for UNMIK and PISG to ensure that the goals of equitable representation of all communities in governing institutions are fully achieved. The ability of PISG to attract and retain a fair share of the best talent is also essential for the long-term development prospects of Kosovo. In this context, the PISG needs to examine a range of relevant issues, including review of salaries and incentives in the public service, within the relevant budget constraint; redesign of career paths; and changing the image of the public sector in order to attract talented individuals into managerial and policy-making functions in government. Of all public sector employees, administrative support staff is probably most in need of capacity development. More investment should also be made in leadership and change management training of talented staff, including increased exposure to good practices in other countries. Most ministries and municipalities similarly suffer from lack of specialized expertise to formulate cost effective policies and regulations. In addition, PISG needs to make special efforts to strengthen the technical and consultative skills of staff in policy units in ministries and municipal administrations, as part of rebuilding of political, economic, social and administrative governance in Kosovo. III. The Way Forward: strategic areas and objectives The Stakeholders Workshop that took place from 3-4 May 2004 in Pristina resulted in the development of a Strategic Framework for public administration strengthening in Kosovo. 7

10 The framework consists of six strategic areas and key objectives, which are consistent with the priorities identified in earlier analytical studies undertaken by local and international actors in Kosovo, including the Working Papers of the Civil Administration Pillar of UNMIK; the 2003 UNDESA Report; the report of the joint PISG-UNMIK Task Force on public administration strengthening; the Kosovo Standards document; as well as various other technical papers prepared by development partners. Priorities for public administration strengthening over the next two years in Kosovo will therefore build on a solid analytical foundation, as well as the accumulated experience and lessons learnt gained during the past five years in reconstructing the governance system. At the same time, the above-cited reports have highlighted the need to further strengthen coordination of technical assistance in the area of public administration. The Public Administration Strategy is therefore intended to provide a common framework for priority-setting among local and international actors involved in capacity development in this area. The following table further delineates each strategic area by key objectives, primary outputs, indicative activities, prime movers, and a suggested deadline for the completion of the respective actions. It is envisaged that an important priority task of the Technical Secretariat for Public Administration (see Section IV: Management of the Reform Process) will be to prepare a more detailed Implementation Plan. This plan will define in some detail the outputs to be achieved over the next two years, the sequence and timetable of implementation, as well as the financial requirements of each output. 8

11 Strategic Framework for Public Administration Reform in Kosovo Strategic Area 1: Policy Planning and Monitoring Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Improve cabinet policy-making processes Strengthen policy planning and monitoring in ministries 1. Adoption and implementation of Rules of Executive Business (REB) 1. Enhanced capacity of policy units Rules of Executive Business adopted by cabinet Training sessions organized for Permanent Secretaries and policy officers in ministries in the application of REB An evaluation performed of the application of REB by mid-2005 Guidelines developed for policy planning and monitoring in ministries Training of senior officials and policy officers in policy planning and monitoring Office of the Prime Minister 30 June 2005 Office of the Prime Minister 30 April Development of standards for policy documents Standards for policy documents developed Briefing sessions conducted for senior officials in ministries on the standards Office of the Prime Minister 30 April Institutionalization of Monitoring and Evaluation (M&E) of policy implementation Guidelines for M&E of policy implementation developed Guidelines developed on how to implement the M&E policy Office of the Prime Minister 30 June Implementation of guidelines for legal drafting Training sessions organized for senior officials in ministries in the application of guidelines for legal drafting Office of the Prime Minister 31 December 2004 Strengthen policy-making at the municipal level 1. Implement Rules of Municipal Business (RMB) Rules of Municipal Business drafted Briefing sessions conducted for Municipal Assembly members and senior local officials An evaluation of the application of RMB performed by end of 2005 Ministry of Public Services 31 December

12 Strategic Area 1: Policy Planning and Monitoring Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Establish a Strategic Policy Unit (SPU) in OPM Strengthen internal and external coordination of the public administration reform programme 1. Improved planning, formulation, monitoring and evaluation of strategic policy options in the civil service 1. A well-functioning Steering Board for Public Administration Detailed TOR developed for the SPU An SPU established to guide policy planning and monitoring in the PISG Regular meetings of the SBPA to coordinate public administration reform Effective support services provided to the SBPA Office of the Prime Minister 31 March 2005 Office of the Prime Minister and UNMIK (civil administration) 31 December Establishment of a Technical Secretariat for Public Administration (TSPA) 3. SBPA to set up working groups to prepare in-depth technical analysis and formulate policy options for decisionmaking purposes A senior civil servant identified to head the TSPA OPM, MPS, MFE and UNMIK to second one senior staff member each to the TSPA Development partners invited to second technical specialists to the TSPA TSPA to prepare a detailed implementation plan for the reform process for adoption by the SBPA Three working groups to be set up to deal with (a) policy reform, (b) institutional development, and (c) human resources Office of the Prime Minister and UNMIK (civil administration) Office of the Prime Minister and UNMIK (civil administration) 31 March March TSPA to establish a donor group to facilitate external coordination of technical assistance to the reform programme TOR for a donor coordination group drafted by the TSPA Regular consultations undertaken with development partners supporting public administration reform Technical Secretariat for Public Administration 31 December

13 Strategic Area 2: Administrative Structures and Procedures Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Create uniform standards for organizational structures and job designations in ministries Implement rules of office procedures in ministries and municipalities Develop clear accountability lines of executing agencies Improve equal access of all citizens to public services Make the separation of policy formulation and policy implementation a standard practice in the public service Clarify the roles and responsibilities of central government-municipalities, particularly as it relates to (a) service delivery, (b) civil service management, (c) delegation of authority, and (d) financial resources management Perform a strategic review of functional responsibilities of ministries to promote more effective management of the public sector, including sharper division of labour among government ministries and other public bodies 1. An Administrative Direction (AD) defining the structural taxonomy of ministries 1. Rules of Office Procedures (ROP) in ministries and municipalities issued 1. Guidelines for accountability relations between ministries and executing agencies 1. Administrative Instruction (AI) issued specifying the responsibilities of ministries, executing agencies and municipalities in ensuring equitable provision of public services 1. Guidelines issued on the practical aspects of separating policy formulation and policy implementation 1. Detailed study of the central-municipal relationships in Kosovo 1. Functional review of the macro structure of government in Kosovo Draft AD prepared to facilitate discussion among relevant stakeholders Administrative Direction issued by MPS An evaluation conducted of the compliance of ministries with the AD Draft ROP prepared for review by ministries and municipalities ROP issued by MPS An evaluation performed of the compliance of ministries and municipalities with the ROP Draft guidelines prepared for review by ministries, executing agencies and other relevant stakeholders Guidelines issued by MPS Draft AI prepared for review by relevant stakeholders An AI issued by MPS Draft guidelines prepared for review by ministries and other relevant stakeholders Guidelines issued by MPS A legal and institutional review of centralmunicipal relations in Kosovo Findings of the study presented to Cabinet for review A policy adopted by Cabinet on how to further strengthen central-municipal relations A systematic review undertaken of the macro structure of government in Kosovo Findings of the study presented to Cabinet for discussion Consultations undertaken with a wide group of stakeholders to discuss the findings and recommendations of the study A policy adopted by Cabinet on how to further improve the efficient functioning of the public administration system Ministry of Public Services 30 June 2005 Ministry of Public Services 30 June 2005 Ministry of Public Services 31 August 2005 Ministry of Public Services 31 March 2005 Ministry of Public Services 31 December 2005 Ministry of Public Services 30 April 2005 Steering Board for Public Administration & Technical Secretariat for Public Administration 31 December

14 Strategic Area 3: Civil Service Reform Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Set normative standards for staff Realize goals of equitable representation of all communities in the civil service Establish guidelines on the roles and responsibilities of political appointees and senior civil servants in public administration Study the feasibility of establishing a career civil service based on uniform structures, post classification and pay grades Formulate a competency-based capacity development strategy for staff in the public service Formulate a strategy to attract a fair share of the best talent into the public service 1. Develop a code of conduct and values statement for staff in the public service 1. An implementation plan adopted for realizing goals for equitable representation of all communities in the public service 1. Guidelines adopted on the roles of political appointees vis-à-vis senior civil servants 1. Feasibility study on the pros and cons of establishing a career civil service in Kosovo 1. Capacity development strategy for staff in the public service 1. Strategy to attract a fair share of the best talent into the public service A draft code of conduct and values statement prepared for public servants Relevant stakeholders invited to review the draft code of conduct and values statement A code of conduct and values statement adopted by Cabinet Draft implementation plan prepared Draft implementation plan reviewed by Cabinet and other relevant stakeholders Implementation plan adopted by the Cabinet Draft guidelines formulated on the roles and responsibilities of political appointees vis-à-vis senior civil servants Draft guidelines reviewed by SBPA and other relevant stakeholders Guidelines adopted by Cabinet Systematic review performed of the pros and cons of establishing a career civil service in Kosovo Findings and recommendations of the study reviewed by SBPA and other relevant stakeholders Policy adopted by Cabinet on whether to continue with a position-based system or adopt a career civil service Draft capacity development strategy formulated for the public service Capacity development strategy reviewed by SBPA and other relevant stakeholders Capacity development strategy adopted by Cabinet Draft strategy prepared to attract a fair share of the best talent into the public service Draft strategy reviewed by SBPA and other relevant stakeholders Strategy adopted by Cabinet Ministry of Public Services 30 June 2005 Office of the Prime Minister 30 June 2005 Office of the Prime Minister 30 June 2005 Ministry of Public Services 31 December 2005 Ministry of Public Services and the Kosovo Institute for Public Administration Ministry of Public Services and the Kosovo Institute for Public Administration 30 June March

15 Strategic Area 4: Public Expenditures Management & Oversight Institutions Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Formulate and implement rules for budgeting, accounting and expenditures management 1. Rules for budgeting, accounting and expenditures management in the public service Draft rules prepared for budgeting, accounting and expenditures management Draft rules reviewed by relevant stakeholders Rules issued by MFE Ministry of Finance and Economy 30 June Handbooks for budgeting, accounting and expenditures management Handbooks prepared for budgeting, accounting and expenditures management Draft handbooks reviewed by relevant stakeholders Handbooks published by MFE Training sessions organized for relevant public servants on rules for budgeting, accounting and expenditures management Ministry of Finance and Economy 30 June 2005 Build institutional capacities to effectively implement the new law for procurement 1. Rules for procurement issued Draft rules for procurement prepared based on the new law Draft rules reviewed by relevant stakeholders Training sessions organized for staff in the public service in the application of the new law and rules Ministry of Finance and Economy 30 June 2005 Adopt an anti-corruption law Strengthen the capacity of the Office of the Auditor-General, the Oversight Board of Kosovo and the Ombudsman Office 2. Handbooks for procurement in the public service 1. Anti-corruption law adopted by the Kosovo Assembly 1. Capacity assessment undertaken of the Office of the Auditor-General (OAG), the Oversight Board of Kosovo (OBK) and the Ombudsman Office (OO) Handbook prepared for procurement in the public service Draft handbook reviewed by relevant stakeholders Handbook finalized by MFE for use in the public service Anti-corruption law adopted by the Kosovo Assembly Awareness raising of the new law Capacity assessments performed of the OAG, OBK and the OO Findings and recommendations of the capacity assessments reviewed by relevant stakeholders Strategy adopted for further strengthening of oversight bodies in Kosovo Ministry of Finance and Economy 30 June 2005 Office of the Prime Minister 31 March 2005 Steering Board for Public Administration and the Kosovo Assembly 31 March

16 Strategic Area 5: E-Governance Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Design an e-governance strategy 1. E-governance strategy Draft e-governance strategy prepared for Kosovo Draft e-governance strategy reviewed by SBPA and other relevant stakeholders E-governance strategy adopted by Cabinet Develop a cadre of trained IT professionals Formulate an IT applications perspectives plan 1. Strategy for attracting and developing a cadre of trained IT professionals into the public service 1. Perspectives plan for IT applications in the public service Draft strategy prepared for the recruitment and development of a cadre of trained IT professionals into the public service Draft strategy reviewed by all relevant stakeholders Awareness raising of the strategy Draft perspectives plan prepared for the use of IT applications in the public service Draft plan reviewed by relevant stakeholders Awareness raising of the plan Ministry of Public Services 30 June 2005 Ministry of Public Services and the Kosovo Institute for Public Administration 31 December 2005 Ministry of Public Services 31 December 2005 Strategic Area 6: Communications and Outreach Key Objective(s) Primary Output(s) Indicative Activities Prime Mover(s) Completed by Design a communications strategy Strengthen internal communications processes among ministries, OPM, municipalities and UNMIK on the public administration reform programme Improve consultations and communications with key constituents of the public administration reform programme, including civil society and private sector 1. Communications strategy for public administration reform 1. Put in place internal processes for regular communications on the reform programme 1. Establish formal consultative processes with key constituents of the public administration reform programme Communications strategy prepared for the reform programme Draft communications strategy reviewed by SBPA and other relevant stakeholders Communications strategy adopted by the SBPA Regular meetings organized with relevant stakeholders on the public administration reform programme Formal mechanisms established for consultations with key constituents of the public administration reform programme Technical Secretariat for Public Administration Technical Secretariat for Public Administration Technical Secretariat for Public Administration 30 June March March

17 IV. Management of the Reform Process A. Political leadership and coordination of reform The political direction for the coordination, management and implementation of public administration reform will be the responsibility of the PISG. This responsibility will be exercised through the high-level Steering Board for Public Administration (SBPA), chaired by the Prime Minister, and composed of senior PISG and UNMIK representatives. The SBPA will form working groups to support its work. Initially, it is envisaged the SBPA will constitute three working groups, focusing on (a) policy reform, (b) institutional development, and (c) human resources, respectively. Each working group can create subgroups, as needed. Terms of reference will be developed for each working group. The three working groups will bear the primary responsibility for in-depth technical analysis and the formulation of specific proposals for review and decision-making by the SBPA. The working groups and the subgroups will be composed of representatives of both central and municipal governments, as well as UNMIK, to foster policy coherence, coordination and ownership. Prominent experts in the respective fields will lead the three working groups. The SBPA will be supported by the Technical Secretariat for Public Administration (TSPA). The TSPA, in effect, will become the engine room of administrative strengthening. The success and sustainability of the reform effort will depend, to a large extent, on the agility, credibility and competency of the TSPA. The TSPA will be headed by a civil servant at the Permanent Secretary level, who is expected to establish close relations with the Permanent Secretaries in PISG ministries. The Technical Secretariat will take the lead in formulating an Implementation Plan based on the adopted strategy. The purpose of the Implementation Plan will be to provide the mechanism to transform the goals and concepts of the Public Administration Strategy into a more specified set of activities. It will also define the detailed outputs to be achieved over the next two years, the sequence and timetable of implementation, and the financial requirements of each output. The organization of the Implementation Plan will mirror that of the strategy to ensure continuity between these two documents. The Implementation Plan will also contain a brief narrative describing the salient features of the issues to be addressed, explaining the problems to be tackled and how they will contribute to the overall reform programme, and noting linkages with other components. Within each strategic area, the specific objectives and outputs to be achieved will be explained in terms of what will be done, who will be responsible for implementation and at which territorial level the activity will take place, as well as the results to be expected. B. Monitoring the implementation of public administration strengthening The Committee of Permanent Secretaries (CPS) will provide expert advice to the SBPA in the design and implementation of the public administration strategy. The CPS will also act as a Monitoring Forum for the implementation of the reform programme. In addition, a smaller Coordinating Committee, consisting of 3 to 4 Permanent Secretaries, will be set up to support the Head of the TSPA in facilitating the coordination of the reform programme. Each Permanent Secretary will also have overall responsibility for developing and implementing reform initiatives at the ministry level. To facilitate the reform process, every ministry will establish a Change 15

18 Management Committee to provide in-house leadership and technical guidance to organizational development. An Advisory Forum will also be created, composed of highly reputable individuals who are active in the private, non-governmental and academic sectors. Members will be proposed by the Head of the TSPA and nominated by the Prime Minister. The Advisory Forum is expected to provide independent expert opinions about the reform process and assess its impact. This Forum will meet twice a year or whenever considered necessary. A Donor Working Group will also be established. It can be expected to meet on a monthly basis. The Donor Working Group, or a delegated part of it, will coordinate and monitor financial and technical assistance to the reform process. One development partner, such as UNDP, could be expected to take the lead in coordinating the work of the Donor Working Group. C. Role of the Technical Secretariat for Public Administration As mentioned earlier, TSPA is the main technical body charged with the execution of the public administration reform programme. Its purpose is to support the functioning of SBPA and to ensure integrated planning, coordination, articulation and monitoring of reform programmes and projects. TSPA will have the following main functions: Identify and study problems that hinder administrative modernization; and propose projects for further improvement of public services; Provide technical assistance and secretariat services to the SBPA and working groups established under the auspices of the reform programme; and follow up on the implementation of policies and strategies adopted by the SBPA; Prepare semi-annual work plans and progress reports for the reform process; prepare regular briefings to the public on the status of the reform programme; and undertake periodic surveys of the attitudes of the public vis-à-vis public administration reform; Liaise closely with the Committee of Permanent Secretaries on reform strategies and implementation issues; set up a network of focal points in ministries, municipalities, and key agencies for public administration-related reform; provide technical assistance to sector focal points in the implementation of specific reform initiatives; and assist municipalities in setting up reform committees at the local level; and Create a system for permanent hearings and consultations with civil society and development partners on both general and specific reform issues. The Office of the Prime Minister, the Ministry of Public Services, the Ministry of Finance and UNMIK will each second one senior staff member to the TSPA. Core resources for the establishment of the TSPA will be provided by the Kosovo Consolidated Fund. Development partners will also be requested to financially support the creation of the TSPA. One development partner will be designated to coordinate technical assistance for the establishment of the TSPA and the respective support processes. UNMIK, with assistance from UNDESA, will prepare a draft organizational chart and Terms of Reference for the Technical Secretariat, as well as job descriptions for individual staff members for review and adoption by the SBPA. PISG will also initiate discussions with selected development partners to explore the possibility of seconding highly competent technical specialists to the TSPA. 16

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20 V. Sustainability and Risks of Reform Strategy The sustainability factors and the risks that might affect the success of public administration strengthening in Kosovo are significant and include the following: With regard to the sustainability of the reform, the following success factors are particularly highlighted: Strong long-term political commitment through the SBPA, OPM, MPS, MFE and other ministries; Credible pace of implementation; Support of public servants, particularly the Permanent Secretaries, the media and other segments of civil society towards the reform programme, promoted through regular consultations and progress reports; Willingness of development partners to coordinate technical assistance to the public administration reform programme; UNMIK to play an effective monitoring and advisory role; Keeping expectations of stakeholders realistic; Attainment of concrete results that demonstrate visible and tangible gains for society; Development of an effective communications strategy for the reform programme; Maintaining satisfactory growth of the economy; and An agile, credible and competent Technical Secretariat for Public Administration. As for risks, the following are particularly identified: The occurrence of emergency situations that may negatively affect the reconciliation process in Kosovo, and thereby slow down the pace of reform; Unequal participation of ethnic groups in the implementation of the reform strategy; The non-availability or untimely allocation of financial resources; Possible resistance to the reform within the public sector itself; Weak coordination of technical assistance to the reform programme; Poor internal coordination of reform; and Slowness in decision-making processes, particularly for those decisions that depend on external factors and are beyond the control of reform managers. Of the above success factors, the strong commitment of the political leadership and effective support by UNMIK and development partners to the reform programme is essential. Development partners can also contribute to the effective implementation of the programme by supporting strong coordination of technical assistance. In addition, development partners can play an important monitoring role of the administrative strengthening programme. The role of the Permanent Secretaries in the implementation of reform is also critical. The Permanent Secretaries are the main guardians of the institutional memory, professionalism, and integrity of the civil service. The SBPA, in consultation with relevant stakeholders, will perform a regular assessment of the risk and sustainability factors affecting the successful implementation of the reform programme. The findings of such analysis will be periodically discussed in the Cabinet and other forums associated with the management of the programme. 18