IKD: With new KPM independence law different, values and principles of democracy are violated

By analyzing this Law, The IKD has found that guaranteed independence with the Constitution for an independent institution like the KPM is changed depending on this institution towards the ruling party.

Florian Smajli, a researcher in the IKD, has said that this approach is dangerous and directly violates the values and principles of democracy embedded in the Kosovo Constitution.

According to him, the manner of action regarding the adoption of the Law on the KPM shows that its adoption was clearly the only will of the position, as with this Law the opposition, international partners, media and civil society disagreed, and by not respecting obligations related to the implementation of minimum standards of public consultation concerning this important bill for democracy and media freedom in Kosovo.

Smajli said the Law for KPM precedes an unacceptable KPM attack on the KPM, including the unprecedented campaign since the declaration of independence where the ruling party's exhibitors launch orchestrated campaigns against the chairman and KPM members, charging them with national treason and other inappropriate languages against an independent constitutional mechanism.

The independence of these institutions in general and KPM in particular has vital interest in principles and values that promote democracy, freedom of speech and the media in a democratic society what the Republic of Kosovo aspires to and through the international obligations it has undertaken through a Stabilisation and Association Agreement with the European Union. The joy of true legal and practical independence is a prerequisite for these authorities to be able to carry out their task effectively, transparent and responsible”, he has said.

He added that this report has stressed the need for harmonisation of the KPM Law with the Media Services Audio-Vizuele. For which, according to him, the original KPM Bill adopted in Government stressed that the law is in full compliance with the directive.

This article was changed during its treatment in the Republic of Kosovo Assembly, so it was stressed that the KKP Bill is only partially in line with this directive. However, the need for the adoption of the new KPM Law does not imply the possibility of the Parliament undermining the constitutional independence of KPM”, Smalji added, stressing that the law should not degrade the work of this independent institution.

Senior IKD researcher Gzim Shala has said the provisions involving the selection procedure of KPM members allow the ruling party to easily politicise it.

He said that this law says the competition is announced by the KKP, until the candidates accepted for chairmanship and members are reviewed by the Kosovo Parliament's relevant Media Commission, which the Commission after the development of interviews, recommends the Parliament's vote on two candidates for any free position. While, the Assembly elects one of the highly recommended candidates for the vote.

In this situation, he said, the bill has facilitated KPM politicisation through the selection of its members.

“Scila Government has at least the absolute majority in the Assembly, without which it cannot stay. While, for the selection of KPM members, only the simple majority of votes are needed. Politically, a KPM member can be elected by 31 votes. For this reason, the KPM Bill openly leaves the possibility of politicising this institution for each Government”, Shala said.

Shala said the Law for KPM has not defined any standards adequate for the selection of KPM members. He took an example of selecting candidates for Constitutional Court judges, where the law stipulates the establishment of a special commission with inter-institution representatives, which the commission presents to the Parliament the narrow list of qualified candidates.

While, in the case of KPM members, the Law for KPM stipulates that all this procedure is carried out by a Parliamentary Commission, composed only of political representatives.

Thus, the Government, which has the majority in the Assembly, has both the procedure and the vote of KPM members. This situation clearly places the KPM in the absence of objective independence for its functioning”, Shala added.

On the other hand, he said the dismissal of KPM members strip the KPM of any independence and operation, putting it under constant pressure on the Assembly.

Kosovo Institute for Justice (IKD), on Friday, with support from Rockefeller Brothers Fund, published the “Politisation of KPM” (Analis of the Bill for Independent Media Commission).