Contrasting opinions on petitions in the north: Krasniqi convinced that elections will soon be held, Uglanin skeptical
Different opinions were heard today from participants in the debate “Efficiency and Impact of Citizens’ Petitions as a Means of Exercising Rights and Bringing About Change in Society“ at the Media Center in Caglavica. Minister for Administration and Local Self-Government Elbert Krasniqi is convinced that elections will soon be held in northern Kosovo, while the President of the Assembly of the Municipality of North Mitrovica, Nexhat Uglanin, is skeptical about it because there is no Law on Referendum.
After the request for a referendum on revoking the decision on land allocation near the Vojni remont site in North Mitrovica was rejected, the public is unsure whether the same fate awaits petitions for the dismissal of the mayors.
President of the Serbian Democracy, Aleksandar Arsenijevic, regarding the rejection of the request for a referendum on revoking the decision on land allocation near the Vojni remont site despite collecting a sufficient number of signatures, emphasized that without mechanisms to control institutions, there was no democracy.
"If this is the official response that will determine that, then it would mean that every decision since 2008, every municipal regulation, is not in line with democracy and lacks legitimacy. The prerequisite for a multi-ethnic society is democracy, and without it, there is nothing else. Article 72 of the Law on Local Self-Government pertains to the dismissal or recall of the mayors, and Article 71 states that with 10 percent of signed citizens, a referendum for the recall of that decision should be initiated. We have collected a sufficient number of signatures and submitted them to the President of the Municipal Assembly, Mr. Uglanin, and as far as we are concerned, as citizens, we have fulfilled our part," Arsenijevic said.
He added that citizens should not suffer because there was no Law on Referendum.
"We proposed to the municipality to impose a moratorium on that decision until the referendum is conducted or until the law is enacted. We are patient," Arsenijevic said, requesting clarification from the Minister of Administration and Local Self-Government of Kosovo, Elbert Krasniqi.
The President of the Municipal Assembly of North Mitrovica, Nexhat Uglanin, claims that Arsenijevic knew the final answer beforehand even before initiating the petition.
"The request itself is essentially illogical because it states, 'Request for confirming the municipal act through a local referendum.' That's it. When there is no Law on Referendum and the request itself states 'until conditions for organizing a local referendum provided by law are met,' it was rejected because there is no Law on Referendum," Uglanin said.
He said that even the request for the dismissal of mayors was illogical, which was why he was very skeptical about it.
"The hot potato is now in the hands of the Central Election Commission. How the process will continue, considering that Administrative Instruction cannot be stronger than the law or the Constitution... I consider that the non-existence of the Law on Referendum is a complicating factor. I may have been the first to say that in the north, which may have bothered the petition collectors and the Serb List the most," Uglanin said.
On the other hand, Minister of Administration and Local Self-Government Elbert Krasniqi explained how the procedure will end.
"As for Article 72 of the Law on Local Self-Government, which provides one of the methods for the dismissal of mayors from their positions through a petition, everything is in accordance with both the Law on Local Self-Government and the prescribed procedure in the Administrative Instruction. This does not pertain to a referendum, which is occasionally inserted here, intentionally or not. Article 72 is the legal basis from which the Administrative Instruction originates, developed in consultation with local and international experts, serving as a democratic instrument for citizens. I expect that this procedure will continue its course," Krasniqi said.
The President of the People's Movement of Serbia, Milija Bisevac, believes that one solution is for mayors to resign and withdraw all decisions made, while in the meantime, "normal and democratic elections" are organized.
"My stance from the beginning has been that we should not have entered into such a process. The Administrative Instruction states that '50 plus 1' percent of citizens must turn out and vote in the referendum. First and foremost, we need to consider that a large number of people have left Kosovo, the voter registers are not updated, a significant number of people have passed away, and they have not been removed from the registers... I believe that the numbers on the voter registers are unreliable, and a large number of young people have serious issues obtaining Kosovo citizenship in order to be registered on the voter list," Bisevac said.
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