KOSOVO, FEDERAL REPUBLIC OF YUGOSLAVIA (Serbia and Montenegro)(Kosovo)
Economic and Social Reforms for
Peace and Reconciliation
Prepared by the World Bank
February 1,
2001
Table
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Key Challenges: The Political Economy
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VOLUME 1
CHAPTER 3:
Policy Priorities
and UNMIK Response
Against the background of the lost decade of
growth and the institutional and political challenges outlined
above, policy priorities lie in stabilizing macroeconomic
conditions, making provision for essential public services -
administration, education, and health - and setting the stage for
private sector led recovery and long-term growth. The policies being
pursued by UNMIK as the interim civil administration are designed to
these ends.
The fundamental conditions for macroeconomic stability have been
laid by permitting the unfettered use of a hard currency, the
deutsche mark (‘Euro’), in all transactions without disturbing
the legal status of the dinar. This policy will serve to shield
Kosovo substantially from the inflation being experienced in the
rest of FRY. The inflow of diaspora funds seen at present will
provide resources for reconstruction and investment and will be a
stabilizing factor. The local Kosovo budget that has been prepared
by UNMIK will be financed fully through local taxation and donor
budget support contributions: thus, the fiscal stance will also add
to stability. A treasury with proper controls over expenditures has
been established within UNMIK.
Box 2: Reforms Over the Medium Term
|
The structural reforms over the medium term
will center on the transition to a market economy and
effective, affordable social protection for the population. In
parallel, reforms towards modern, cost-effective standards in
education and health will be pursued. Together with local
political leadership and with the assistance of local
technical experts, UNMIK is devising a strategy for medium
term reforms.
It is of crucial importance to assist the
revival of the private sector. As experience elsewhere shows,
the major source for new jobs will lie in the small and medium
enterprise sector. The framework of laws, regulations and
institutions for supporting small and medium-sized enterprises
(SME) growth are being developed. Business advice to nascent
and existing enterprises will be provided through TA. Credit
lines are being planned (including one through the Bank’s
grant operation) in support of SME growth. With regard to
existing enterprises and in particular large enterprises
(mining, metal works, food processing, construction
materials), it is of vital importance to clarify ownership
status and to provide a functioning framework for private
sector participation through concessions, leasing or
ownership.
Kosovo faces the challenge over the medium
term of providing for an extremely young population profile:
education, technical training, and employment. Moreover, the
needs of the vulnerable elements in the population that
include those affected by the recent conflict and displaced
minorities will have to be addressed. The social protection
framework being devised within UNMIK will reflect these needs
as well as deal with the creation of enduring and sustainably
funded systems for pension and social insurance.
In the eighteen months since the end of the conflict, UNMIK
has, understandably, focussed on the urgent tasks of providing
basic public services, reviving the economy, establishing
fiscal and bank supervision systems. It has, together with its
donor partners, including the Bank, initiated work on the
medium term policy priorities identified above. This medium
term strategy will have strong local participation in its
formulation and implementation. Indeed, a major challenge for
the newly established joint administration will be to carry
this strategy forward. The constraints posed by Resolution
1244 and the constitutional status of Kosovo will have to be
borne in mind as medium term reforms are developed. |
The major expenditure
items in the budget relate to administration (civil service,
judiciary, law and order), education, and health. Schools were
re-opened in September 1999 and health centers and hospitals are
functioning again. UNMIK has reconstituted a judiciary, established
a self-defense force - the Kosovo Protection Corps – as well as a
police force and a civil administration in the major spending
sectors has been built up. Education, health and social assistance
strategies this chapter contains a summary of the state of play, the
essential priorities, and suggested policy reforms in each of the
economic and social sectors covered by this report.
A. Budget and
fiscal structures
UNMIK is making progress towards establishing a
public administrative structure intended to deliver adequate public
services to the population of Kosovo, within the available budgetary
resources complemented by donor support. As noted above, such
progress includes the establishment of the Joint Interim
Administrative Structure (JIAS) that provides for the participation
of both Kosovars and international staff in administration. Within
the JIAS can be found the Kosovo Transition Council – a 36 member
body of politicians – that can be thought of as a rudimentary
national assembly with consultative powers; a smaller deliberative
body of 11 technocratic members, the Interim Administrative Council;
as well as a Council of Ministers consisting of the two co-heads of
each of the 20 departments (akin to ministries) -- an international
and a Kosovar co-head. A notable institutional achievement was the
establishment of the Central Fiscal Authority (CFA) and a budget
management system that is able to provide resources in a timely
manner and ensure that these resources are spent efficiently and
transparently for the purposes intended. In addition, progress is
being made to improve coordination in the reconstruction efforts,
given substantial needs for capital investments and donor
commitments and financial support to finance these needs.
The key institutional development at this stage
in ensuring effective budget outcomes and effective service delivery
over time relates to the link between the policy formulation process
and planning and budgeting within a coherent budget strategy and
expenditure framework. The link between policy, planning and
budgeting becomes essential in the specific circumstances of Kosovo
given a unique multinational administrative structure and
substantial donor involvement in financing a considerable part of
the recurrent budget needs and the entire capital investment needs.
The present separation of the recurrent and capital budgets, with
the former being financed partly through local taxation and partly
through external donor assistance and the latter entirely from donor
support, inhibits the formulation of a coherent budget strategy
undermining the effective and efficient use of budgetary resources.
The Budget Balance for 2000 and Estimates for 2001
1
In the year 2000, the financing gap is estimated
to be DM 200 million. Underlying this estimate is a revenue
performance of DM 18.6 million per month in 2000 as compared to DM
7.6 million per month in 1999 and expenditures of DM 35.3 million
per month in 2000 as compared to DM 21.7 million per month in 1999.
Thus, the self-financing of the budget was estimated to rise
strongly in 2000, with the financing gap as a proportion of
expenditures falling from 65 percent in 1999 to 47 percent in 2000.
Developments in the first two months of 2000
showed an extremely weak revenue performance, with significant
shortfalls in all categories of revenues, particularly excises.
Though the causes of these developments are not fully understood, it
is likely that the tax coverage gap related to the Montenegro
boundary line led to large leakages. UNMIK has, as noted, now set up
a tax post at the Montenegro boundary line and expects to meet its
budgeted revenue estimates on the basis of the new taxes to be
instituted and improved tax administration and coverage.
Following the poor performance of the first two
months, revenue collections rose markedly. Excise taxes have shown
strong increases due to the application of unified tax rates for
heating oil and petroleum products. Hotel Food and Beverage Tax is
now fully operational. Although its collections remain small, the
experience gained through its administration was an ideal training
ground for the staff and taxpayers for future inland taxes such as
presumptive tax. Total revenues have shown significant improvements
and are slightly above the pro-rata figures in the ten months ending
October 2000.
The 2000 budget proposed a strong rise in overall
expenditures (but at a rate less than the rise in tax and fee
revenues) centering on education, health and social assistance. The
key objectives of the education budget were to ensure full
enrollment, initiate steps towards a unified curriculum, enhance
pre-service teacher training, reform the Pristina university, and
undertake comprehensive school mapping. The budget also funded the
preschool sector. The major objectives for the health sector were
strengthening primary care and building up the physical facilities
for health care. The social assistance budget focused on assistance
delivery to the most needy, particularly elderly over age 70, single
parent families and families with a handicapped person.
Expenditure estimates for the 2000 budget rested
on the assumption of DM 273 per month for the average public sector
wage (a rise of nearly 50 percent in relation to those who received
wages in 1999) and a fall in public employment (particularly in
education and health sectors) of an estimated 10 percent. There was
also the intention to develop retraining and counseling for
redundant public sector employees and to establish a framework for
unemployment insurance in future years.
The budget outturn for the ten months of 2000 as described above
show that this limit of DM200 million in donor financing for the
year as a whole is achievable, assuming that: (i) recent positive
trends in revenue collections are maintained till the end of the
fiscal year; and (ii) on the expenditure side there is partial
catch-up in under-spending, with discipline on wage and subsidy
spending being exerted in the rest of the year. On the other hand ,
any additional surpluses coming as a result of better than expected
revenue performance should be used to ease up pressures on the next
fiscal year by paying off arrears for the electricity imports as
well as using some of the resources to support redundancies which
otherwise must be financed out of the year 2001 budget. It is clear
that additional donor budgetary support would not be required till
the end of the year, opening the way for medium-term sustainability
in the Kosovo local cost recurrent budget.
Table 4: Summary Budget Accounts
(in millions of deutsche marks)
| |
Sept-Dec 1999 |
2000
Budget
|
2000
Amended
|
2000
Projection
|
2001
Budget
|
| |
Estimates |
Outturn |
|
|
Estimates |
|
Total Revenues |
47.7 |
30.5 |
223.2 |
210.0 |
212.6 |
344.0 |
|
Customs |
9.3 |
9.0 |
38.0 |
35.0 |
51.8 |
44.5 |
|
Excises |
14.7 |
1.6 |
21.0 |
18.0 |
39.7 |
83.4 |
|
Sales and VAT (from mid-2001) |
23.6 |
19.5 |
104.0 |
91.0 |
104.4 |
138.0 |
|
Payroll |
- |
- |
15.0 |
15.0 |
- |
- |
|
Hotel Food and Beverage |
|
|
|
|
2.7 |
4.0 |
|
Fees and user charges |
- |
- |
26.7 |
32.0 |
11.0 |
40.1 |
|
Other |
- |
0.5 |
18.5 |
19.0 |
3.0 |
34.0 |
|
Total Expenditure |
121.6 |
86.6 |
423.2 |
429.3 |
432.6 |
505.9 |
|
Education |
44.0 |
32.4 |
116.2 |
116.2 |
… |
118.0 |
|
Health |
24.9 |
17.3 |
81.1 |
81.1 |
… |
98.0 |
|
Civil administration |
13.4 |
13.6 |
49.7 |
53.8 |
… |
109.1 |
|
Social Assistance |
28.0 |
8.9 |
82.5 |
82.5 |
… |
85.0 |
|
Other |
11.3 |
14.4 |
93.7 |
95.7 |
… |
95.8 |
|
Financing Gap |
73.9 |
56.1 |
200.0 |
219.3 |
220.0 |
161.9 |
|
(in US dollars, millions) |
(41) |
(31) |
(103) |
(113) |
(100) |
(74) |
|
Donor contributions |
73.9 |
85.3 |
200.0 |
200.0 |
220.0 |
161.9 |
|
Transfer to cash reserves |
- |
29.2 |
- |
-19.2 |
|
- |
| Source:
UNMIK
|
Revenue projections for year 2001 assume
improvements in both tax policy and tax administration and are
expected to increase by 45 percent compare to 2000, to DM 344
million. Although such an increase is significant, it is necessary
to ensure that Kosovo moves towards self-sufficiency and becomes
less dependent on donor financing, especially for the recurrent
expenditures. Increasing revenues in 2001 would be achieved by a
broadening of the tax base and removal of the large distortions
associated with the existing customs tariff structure. Measures are
proposed towards the adoption of a modified VAT from mid-2001 and an
extension of the tax base, therefore, to domestic production of
goods and services. The abolition of the customs tariff from the
time VAT is introduced, with the rate of the VAT being set to be
revenue-neutral, will eliminate significant distortions in the
current revenue raising system and help raise economic efficiency.
Finally, the establishment of the legal framework for private sector
development would open up opportunities for employment, growth and
higher tax yields.
Total expenditures in the 2001 budget are
estimated at DM 480 million or about DM 50 million over the expected
outturn for 2000. These estimates represent a modest increase in the
overall expenditures, mainly in civil administration and
expenditures to support the new decentralized structure of
municipalities; such expenditure tightness is clearly supportive of
self-sustainability of the budget over the medium term. There are no
planned increases in wage levels. However, major risks will remain
in the next year’s budget and in the medium term, if the
structural issues in year 2000 budget are not addressed. They
include (i) bringing employment to a sustainable level for 2001,
especially in health and education that have been running in excess
of planned levels, even in year 2000; (ii) reduce transfers to the
utilities by reducing employment and preparing an implementation
plan for introducing cost recovery measures: (iii) preparing a
fiscally sustainable redundancy policy and implementing employment
reduction measures consistent with the policy; (iv) carefully
implementing an adequate fiscal decentralization plan consistent
with the local government capacities for taking over financial
management responsibilities.
Consistent with the self-sustainability principle
and tight fiscal scenario in the year 2001 budget, donor support is
projected at DM 162 million. Donor support will, thus, fall not only
in absolute terms as compared to 2000, but also sharply as a
proportion of expenditures (51 percent in 2000; 32 percent in 2001).
The rise in the self-financing of the budget is, of course, a
necessary condition for an eventual successful "exit" by
donors from providing budgetary support. Other conditions are being
created for a successful exit: the infusion of new technologies and
skills in fiscal and banking system management and supervision (to
name but the two most important developments thus far) and the
creation of institutions of governance and management. Keeping
fiscal spending within the limits of medium-term sustainability as
determined by the likely capacity to raise domestic revenues and
obtaining external funding for investment will be critical.
Instruments and institutions of economic management of this kind are
being constructed to be durable whatever may be the eventual
political settlement applied to Kosovo.
Budget Systems
Initial fiscal spending was organized in an ad
hoc fashion, outside the context of a fiscal framework and
budget planning process. It was directed to financing the stipends
of some health employees and judges in an effort to quickly address
urgent needs. In response to the existing situation the
establishment of a Central Fiscal Authority with the functions of a
finance ministry was identified as a first priority
The Central Fiscal Authority (CFA) was
established by regulation 1999/16 at the end of 1999. After making
an impressive start in December 1999 it is functioning admirably
despite extremely difficult and complicated circumstances. Its main
divisions for budget, treasury, tax policy and tax administration
became operational within a very short period and are performing
important functions including: (i) budget preparation and
monitoring; (ii) execution of budgetary transactions through
the Treasury Single Account (TSA) and their financial control; (iii)
formulation of tax policy and the management of tax and customs
revenues. In addition, the CFA has hired and trained many local
staff who already performs several routine tasks in the budget and
treasury divisions, as well as a large number of tax inspectors.
These functions are being performed under a newly established legal
and regulatory framework which includes regulations and procedures
on the functioning of the divisions, procedures on expenditure
authorization, accounting and reporting, regulations on procurement
of goods and services as well as tax legislation and procedures on
revenue collection and administration. Internal audit capability
reporting to the highest level of UNMIK is also under preparation.
Despite this impressive progress challenges
remain to complete the development of budget management
institutions. The budget and treasury system should be extended
beyond UNMIK's spending departments and the budgetary transactions
should be carried out as appropriate by the spending units. This
requires further developments in the treasury and payments system.
It also requires significant strengthening of budget and financial
management capacities to the spending units to ensure a transparent
and accountable use of budgetary resources. This last link in the
expenditure chain is being worked on by the CFA and UNMIK in
cooperation with the Banking and Payments Authority. Although the
2000 budget was prepared in consultations with the spending
departments, formal procedures need to be developed to guide the
budget formulation process for 2001 and beyond. Moreover these
procedures should include recurrent and investment expenditures in
order to ensure an integrated approach to budget planning, the
formulation of a coherent budget strategy, and better coordination
of foreign donors that finance entirely investment expenditures.
Challenges to Fiscal Performance
The task of a finance ministry in the
circumstances of today’s Kosovo is an exceptionally difficult one.
This applies to budget formulation as well as execution. The fiscal
base is uncertain in view of the difficulties in projecting real
rates of growth of the economy from a very low base under conditions
of major institutional changes. Customs and tax administrations are
being reinforced, but uncertainties surround their capacity, speed
of strengthening, and willingness to apply the law fairly.
Closing the two major tax gaps, with the boundary
line with the rest of FRY (Montenegro and the rest of Serbia) and
FYR Macedonia effectively is important. A tax point was to have been
established at the boundary point with Montenegro on January 1,
2000, but this was not done until March; the delay is estimated to
have cost DM 20 million in revenues. The tax post will
likely take some time to function effectively. There appears to be
widespread evasion of excise taxes. With respect to FYR Macedonia,
the budget assumed the repeal of the preferential trading
arrangement, but steps to this end have not been taken. Delay in
closing this gap is leading to revenues losses associated with both
Macedonian goods and false certificates of origins on goods
purporting to be of Macedonian origin.
Prompt institution of domestic coverage for sales
and excise taxes and the payroll tax were planned for early 2000. It
is now the intention to introduced a modified VAT in mid-2001 and
therefore to extend the tax base to some domestic goods and
services. The payroll tax was delayed by legal controversy over
whether local staff of the UN system could be covered.
Adhering to the public sector wage bill as
given in the budget. There are pressures to raise overall wages and
to change relativities. A higher average wage is unsustainable over
the medium term and would lead to an irresponsible budget. The
budget estimates are based on a significant fall in public
employment, particularly in education and health to eliminate
ghost workers. Achieving this will be difficult given the strong
sense of entitlement to a job and public opinion that calls for a
mainstreaming of all parallel system workers. At best, it may take
considerable time.
There are likely to be pressures for subsidies
to public enterprises in order to re-start certain enterprises
(regardless of their ultimate economic viability) or to
greater-than-budgeted subsidies to the electric sector to make up
for possible slow cost recovery and non-payment of charges. A
significant reduction in the bloated labor force of the electricity
company is essential; as a first step, a reduction of about 25 per
cent is planned for 2001. It is essential to stick to budget limits
for subsidies to public enterprises.
As implementation of capital investment projects
progresses, there will be pressure on the Kosovo Consolidated Budget
for higher proportions of operating expenses to go towards
maintenance of the investments, particularly in the case of roads
and other infrastructure. This could also be a significant issue in
the utilities sector, although in principle that pressure should be
contained within the operating costs and pricing structure of the
utility providers.
Strengthening Capacities for Policy Formulation and
Implementation
Although some progress has been made during the
last few months, capacities for strategic policy formulation at the
sector spending departments of UNMIK remain weak. A systematic
process that defines main sector policy objectives and priorities
and ways to implement them should be institutionalized as part of
the overall budget formulation process. This would require
strengthening capacities for:
- Setting overall objectives in the sector;
- Defining the appropriateness of public service provision in
the sector consistent with these objectives and the overall
economic program; and
- Defining strategic programs in the sector and identifying
priorities for which budgetary resources (recurrent and
investments) will be needed consistent with the overall
resource framework.
The objective is to be able to have the right
information and analytical work for the preparation of short
strategy statements for each sector that can be used as an input
into the preparation of a comprehensive budget strategy and
expenditure framework and presented for discussions to a high level
inter-sectoral decision making body and subsequently to the donor
community.
Strengthening the Investment Planning Process
The establishment from UNMIK of the new
Department for Reconstruction (DOR) has been a positive step in an
effort to coordinate the donors and the reconstruction efforts in
Kosovo. However, this department was created outside the CFA, with a
mandate that goes well beyond just the coordination of the
reconstruction efforts and into the formulation and implementation
of a strategy for reconstruction. This organizational structure does
not encourage an integrated planning and implementation process.
While it is necessary to review, evaluate and coordinate external
financed projects, there is a risk that such an exercise, usually
reflected in the preparation of a donor-funded Public Investment
Program (PIP) would be accorded undue priority. As a result, the
investment planning process would focus primarily on the need for
donor coordination, thereby crowding out the vital need for the
preparation of a comprehensive and integrated budget strategy that
reflected the priorities of an overall program.
As a first step towards a more integrated process
the mandate of the DOR should be revised to serve as a department
for project coordination and evaluation (including maintaining
formal contacts with the donor community) and ensure consistency
between investment projects, policy priorities in the sector and
overall program. It is vital that policy formulation and
implementation should be left with the spending departments. DOR
should, however, maintain responsibility for creating an information
database and strengthening capacities for project evaluation,
especially in the sectors where most of the donor financing is being
directed.
Strengthening the Policy Choice Mechanisms
Linking the policy formulation process with
planning and resources (budgeting) in a resource constrained
environment such as the one in Kosovo, requires that difficult
decisions are taken on inter-sectoral and intra-sectoral tradeoffs,
consistent with the policy objectives within the sectors and
consistent with UNMIK's overall program. These broad policy and
program tradeoffs can be made by a decision making body at the
center of the administration that has the right incentives to make
the necessary tradeoffs and has adequate authority to enforce them.
Such a body should be the forum to ensure that policy formulation
and budget decisions are made in the right sequence and also serve
as a mechanism for ensuring accountability during the implementation
of sector strategies and priority programs and ensure that intended
results are being achieved.
B. Trade Regime and
Customs Administration
The Structure of the Regime
The introduction of a simple, neutral trade
regime was considered to be important in stimulating private sector
led economic growth and reconstruction, and in creating the
conditions for healthy exports. Moreover, in the absence of adequate
administrative machinery to collect taxes on consumption and
incomes, UNMIK saw the introduction of the customs/external trade
regime as the major source of revenue for the local recurrent budget
of Kosovo.
The key characteristics of the trade regime are: First,
a uniform tariff structure of 10 percent was introduced. This tariff
structure is commendable in its simplicity and the low rate
involved. The principle of the uniform tariff rates was, however,
compromised by the simultaneous introduction of duty exemptions on
some agricultural and medical products. Also compromised were the
major advantages of a regime of uniform tariff rates such as
neutrality in protection afforded to various stages of production
and the reduction in opportunities for rent seeking. Second,
the foreign trade regime is devoid of non-tariff measures (NTMs) and
quantitative restrictions (QRs). Third, a further advantage
of the system is that its registration procedures of traders
(exporters, importers and forwarding agents) and licensing are
non-discriminatory and transparent. There is no state trading and
foreign trade activity is open to all firms. There are no
non-automatic licenses and the existing regime offers limited, if
any at all, opportunity for bureaucratic micro-management of foreign
trade.
Policy Aspects: Coverage and Taxation
Although the Kosovo foreign trade regime has the
right institutional design, and low and almost uniform tariff rates,
a number of policy concerns arise.
, an important weakness of the trade
regime stems from the recognition of the preferential trade
agreement between FRY and FYR Macedonia. Granting of preferential
status to FYR Macedonia has distorted trade flows and led to revenue
losses for two reasons: FYR Macedonia has been traditionally an
important trading partner of Kosovo; and a considerable portion of
total imports into Kosovo transit through FYR Macedonia. The latter
has provided opportunity to falsify certificates of origin.
Second, the lack of complete coverage
through tax collection points (TCPs) at the boundary lines of Kosovo
and the rest of FRY provide a strong incentive to traders to reroute
shipments through Montenegro and points across the rest of Serbia
and thus narrow the tax base.
The two policy concerns outlined above could be
addressed by removing the customs tariff altogether. UNMIK has
undertaken to abolish the customs tariff at the same time as the
introduction of a value added tax (expected to be in mid-2001) with
the VAT to be set at a rate to ensure revenue neutrality. This
decision is a major step towards removing the significant distortion
that arises from the FYR Macedonia preferential trade arrangement
and the treatment of commerce from the rest of Serbia as well as
from Montenegro. Such a step would broaden the tax base and lead to
a reduction in the disparity of taxes levied. A unified VAT rate of,
say, 20 per cent, would result in a reduction of around 6 percentage
points in the customs cum sales tax on imports (other than from FYR
Macedonia) and a rise of 5 percentage points in the sales tax on
imports from Macedonia and commerce flowing in from the rest of
Serbia and Montenegro. Excise taxes would continue to be levied on
all excisable goods regardless of origin.
, at present, sales and excise taxes
on goods are applied to imported goods only. Since these taxes are
levied only on imports, they constitute trade measures; they
discriminate against imports. It is entirely understandable that
under current conditions of weak local capacity and lack of an
internal tax administration, there was no other tax base other than
imported goods. The intention of UNMIK to widen the tax base to
domestic products when VAT is introduced is welcome. The imposition
of VAT on domestic goods will level the playing field vis-à-vis
imports and diminish incentives for evasion.
Fourth, while the 10 percent ‘almost
uniform’ tariff rate is very low by the standards of least
developed countries, the aggregate burden of border taxes is quite
considerable. The sales tax of 15 percent is applied on the
post-tariff value of imports. Thus, the actual ‘tax burden’ for
non-food, non-medicine products amounts to 26.5 percent ad
valorem. For products subject also to excise taxes with rates
varying between 5 and 50 percent, total payment rises even further
since excise is calculated on the basis of the value of imports post
tariff tax.
Such tax burdens are not unusual; they prevail in
many countries, developed or developing. However, several problems
emerge: By recognizing the preferential trade agreement between FRY
and FYR Macedonia signed on October 7, 1996 and the granting of
preferential status to FYR Macedonia (Section 16 of the AD 1999/01),
a potential source of evasion and consequent loss of revenues has
been created. Imports originating in FYR Macedonia are not subject
to custom duties, as noted above, but only to a 1 percent ad
valorem customs fee. Thus, the fee lowers total tax on
non-excise goods from 26.5 percent ad valorem to 16.2
percent that amount to the loss in revenue 10.3 percent of the value
of imports from FYR Macedonia. On products subject to excise tax,
the losses are higher ranging between 16 and 11 percent of the value
of imports of these products.
-
Fifth, a clear case can be made for a wider use
of specific taxes (in a simple and transparent manner) in place of
ad valorem taxes - with the exception of coffee, all excise taxes
are in ad valorem terms (Table 2). Since Kosovo uses the deutsche
mark as the main transaction currency, the ‘inflation’ argument
against specific taxes does not apply.2 In the absence of
sophisticated control techniques, the advantages of specific taxes
are considerable: they are simpler and thus easier to implement and
more difficult to evade; and they remove the incentive to
under-invoicing, which is particularly strong in case of high excise
rates.3
The Impact of the Regime on Emerging Exports
Of considerable concern is that in two aspects
the trade regime presents a significant impediment to Kosovo’s
nascent exports. The first is legal or institutional in nature –
the formal recognition by trading partners of Kosovo’s trade
regime and, in particular, trading arrangements in the context of
the Stability Pact; the second, certain disincentives to exports
arising from the trade and tax regimes.
The de facto establishment of a customs territory
by UNMIK was neither accompanied nor followed by its de jure
recognition. Its legal status as a foreign trade entity continues to
remain vague and issues arising from this ambivalence tend to be
addressed on ad hoc rather than systemic basic. As a
consequence, Kosovo does not show up in Customs Codes of any country
including that of its preferential trading partner—FYR Macedonia.
Except for the EU (see below), Kosovo’s trade and customs regime
is treated as a part of the FRY trade and customs regime, despite
the institution of its own trade regime by UNMIK, and its exports
are subject to the same conditions of access as those faced by
exporters from Serbia or Montenegro.
With the entry into force of the Council
Regulation No. 2007/2000 (18 September 2000), the EU has formally
recognized UNMIK as an autonomous customs territory "… in
accordance with UNSC Resolution 1244 (10th and 11th
preambular" and linked to the EU’s Stabilization and
Association Process.4 The Regulation has extended trade preferences
to Kosovo, which previously were limited to Croatia and
Bosnia-Herzegovina.5 It has also considerably widened trade
preferences already applied by removing the remaining tariff
ceilings for industrial products and by improving conditions in
access to EU markets for agricultural products.6
Once
UNMIK-CS has effective procedural and organizational procedures
harmonized with the EU for issuance certificates of origin, they
would then be accepted by EU Customs provided that appropriate
measures are taken.
But as long as the trade status of Kosovo is not
clarified by other countries (especially its neighbors),
preferential access to EU markets alone will not suffice to trigger
export growth. Therefore, UNMIK, in cooperation and support of the
EC, should obtain for products originating in Kosovo duty-free
access to markets in at least Albania, Bulgaria and countries of the
former Yugoslavia – Bosnia and Herzegovina, Croatia and Slovenia.
One possibility would be to accomplish this goal through integration
into the existing network of bilateral free trade agreements among
Balkan countries. For instance, both Bulgaria and UNMIK customs
territory have free trade agreements with FYR Macedonia. The
immediate step should be for Bulgaria and Kosovo extending the same
rules in their mutual trade as in their trade with FYR Macedonia.
Similarly, UNMIK should accord free trade access to Albanian
exporters in return for a similar treatment of Kosovar exports
The fiscal disincentive to exports arises from
the fact that the trade regime does not provide for a scheme for
rebate of tariffs and taxes on imported inputs used for exports,
thereby unwittingly penalizing exports, in particular, inward
processing activities. Typically, such activities are an important
source of employment and growth in transition economies, especially
in the initial phases.7 Moreover, by not introducing schemes that
support exports specifically – duty drawbacks, rebates, in-bond
manufacturing or temporary admission – the trade regime makes it
less attractive, perhaps quite unattractive, for foreign firms to
establish processing activities in Kosovo.
Implementation
The customs service remains understaffed. It came
into being with hiring of 14 customs officers – previously
with FRY Customs Administration – on August 3, 1999. By the end of
August it employed 42 ex-FRY customs officers. With subsequent
recruitment its staff rose to 90 customs officers by March 2000.
While the Kosovo customs administration under the FRY regime was
probably overstaffed (around 200 customs officers and
administrative supporting staff), the current level seems to be well
below levels needed to cover all crossing points as well to open one
or two inland customs processing stations. Estimate suggests that at
least 30 more customs officers would be needed to perform these
functions.
Despite an impressive record of implementing
customs control, the customs service does not have adequate
administrative capacity to process shipments efficiently in all CBPs
and a TCP. Technical problems at the border augmented by the absence
of in-land customs clearance facilities and warehouses have often
created disorderly conditions at CBPs and further delayed their
opening. While UNMIK has established the trade regime and customs
administration with commendable speed, especially given the need to
control borders and begin to raise local revenues, the deficiencies
in design and practice noted above should be promptly addressed if
distortions are to be minimized and fiscal revenue increased.
Summary of Recommendations
The preceding discussion suggests three major
issue-areas that should be given consideration: the status of Kosovo
in terms of international economic relations; external trade
policies; and tax policy. The broad recommendations are: (i) that
the Kosovo trade and customs regime should be recognized
internationally as autonomous customs territory for foreign trade
purposes; (ii) that the trade and customs regime should be modified
as to make more friendly to exports and consequently imports; and
(iii) that incentives for evasion of tariffs and duties should be
minimized.
C. Currency and Banking
System
Currency
On September 2, 1999, UNMIK issued a regulation
permitting the use of foreign currencies for payments and contracts
in Kosovo, thereby setting aside FRY restrictions on the use of
foreign currencies for domestic transactions as well as FRY capital
controls. Foreign currencies may now be freely and legally used for
payments and contracts in Kosovo. The legal tender status of the FRY
dinar under FRY law is unaffected: thus, all payments may be made
and contracts discharged in dinars if the payer so wishes. No other
currencies are to be given legal tender status. Deutsche marks or
dinars may be used for tax and other official payments; the use of
deutsche marks is encouraged with dinar use in such transactions
being subject to an administrative fee to cover administrative and
handling costs. No consideration is being given by UNMIK to the
creation of a Kosovo currency.
As residents of Kosovo have long been conducting
business in foreign currencies, overwhelmingly the deutsche mark,
the UNMIK regulation acknowledges and legalizes current practice.
The continued recognition of the dinar as the legal tender will
maintain existing law. Granting legal tender status to any other
currency requires the consent of the central bank issuing the
currency in question and, in any case, appears unnecessary, it being
sufficient to permit the circulation and use of that currency within
Kosovo. It is also not necessary for Kosovo to issue its own
currency; reliance upon a hard foreign currency will serve the
purpose of a stable medium for transactions and for savings - two
important pre-conditions for the revival of a private market based
economy. By mid-2000, the deutsche mark was being used
overwhelmingly as the currency of Kosovo, with the dinar playing an
extremely minor role.
The Banking System
The banking industry that was left at then end of
the spring 1999 conflict was exceptionally weak, with little
capital, technical ability, few deposits or performing assets, but
with strong local interest in reviving banks or establishing new
ones (the 1989 nostalgia being very evident). Of the local
banks, Vojvidanska and Economika banks had been operational in
making limited payment transfers and some other limited activities,
but were highly short of capital and liquidity. Two other local
banks, Bankkos and Yugobanka, have not conducted banking operations
for over one year now and their viability remains highly unlikely.
Banks suffer from an extreme lack of confidence
on the part of the public in view of the effective confiscation of
foreign currency deposits by the Belgrade authorities over the past
decade and the weak management and capital positions of the banks
themselves. In these respects, Kosovo is not different from some of
the former republics of Yugoslavia. The revival of the banking
industry will depend crucially on regaining public confidence. That,
in turn, is closely related to the quality and probity of banks and
bank management. The key policy steps consist of establishing firm
banking supervision within the framework of a stringent banking law
and, eventually, introducing limited deposit insurance. It appears
likely that revived banking activity in Kosovo will originate from
new entrants, whether foreign or domestic.
As of end 1999, there were no banks operating in
Kosovo. One bank, the Micro-Enterprise Bank of Kosovo (MEB-Kosovo),
with EBRD and IFC being equity participants, received approval to
commence operations in January 2000. A second financial institution
(technically a "non-bank"), the Grameen-Missione AMF, also
obtained a license to operate as a micro-finance institution,
although it was not active as of the second quarter of 2000.
Preliminary licenses were approved by the licensing and supervisory
authority in spring 2000 for three banks with a history of
operations in Kosovo, but it is uncertain whether these banks would
be able to qualify for permanent licenses.
In parallel to these developments there have been
a number of donor-led initiatives that relate to or support credit
activities. The most significant one is the creation of UNMIK’s
Interim Credit Unit. This initiative is joint effort of the World
Bank and European Agency for Reconstruction and it aims at
channeling donors funds to small and medium enterprises. While still
at an initial stage, the new ICU envisions to unload its activities
and know-how into emerging private banks.
Immediate problems of the banking system include:
- The absence of banks that have been prepared to compete
along commercial lines;
- The inadequacy or nonexistence of meaningful financial
information and management systems in the banking (and
enterprise) sector;
- The heretofore lack of adequate banking sector
infrastructure (e.g., laws, judicial capacity, regulations,
accounting/audit framework) to provide the needed guidelines
and parameters for a well-managed and viable banking sector;
- The absence of financial intermediation (deposit-taking or
lending) resulting from a lack of public confidence, past
resource misallocation and politicization of bank lending, and
the need for cash to finance trade and services in the largely
informal Kosovo economy;
- The presence of only a small and costly range of banking
services, namely transfers, which are provided more by travel
companies or informally rather than through banks; and
- Allegations that fraud, money laundering and other illicit
financial activity could occur if the supervision system
proves not to be effective.
The Development of the Banking Sector
Success in banking reforms will depend on a
number of factors: a sound legal and institutional framework to
ensure incentives are in place for adequate resource mobilization;
proper risk management guidelines and practices; and public
confidence. There has been clear progress with respect to developing
the regulatory framework for banking. The newly-instituted banking
supervision agency within the Banking and Payments Authority (an
umbrella body that also shelters the operation of the payments
system) enforces a regulation system that prescribes conditions or
responsibilities for:
- Requirements to obtain and maintain a license;
- The right of foreign banks to operate, with associated
cross-country supervisory requirements;
- The authority of the Banking and Payments Authority (BPK) of
Kosovo to approve banks’ governing boards, conduct on-site
inspections, request any/all information as needed for
supervisory oversight, require prompt corrective action when
regulatory capital falls to two-thirds or less of
requirements, and to appoint receivers and liquidate;
- Minimum capital of at least DM 1 million as a
"narrow" bank,8 DM 3 million to provide basic banking
services, and a higher minimum capital of
DM 5 million to engage in non-DM currency futures
trading, trust, investment/portfolio management, and
securities underwriting and trading;
- Minimum capital adequacy requirements/ratios (to be
specified);
- Exposure and concentration limits on large loans (to be
specified);
- Restrictions on banks’ equity holdings in non-financial
companies to 15 percent of regulatory capital per
investment, and no more than 100 percent of regulatory capital
in aggregate;
- Liquidity practices and risk management functions regarding
interest rate, exchange rate, maturity, and asset-liability
risks/gaps;
- Ownership, management, and governance guidelines based on
prudent internal controls, modern management information
systems, internationally accepted standards and qualifications
of board members and managers, and legal, operational,
financial and administrative autonomy for banks;
- Autonomous internal audit functions;
- External audits based on IAS on both an individual and
consolidated basis, including assessments of the (non)viability
of internal audit standards, guidelines, practices and
information systems;
- Reporting to supervisory authorities to maintain a banking
license;
- Prohibition on certain activities and fines and sanctions
for violations; and
- Receivership and liquidation.
The supervision agency is developing a basic
policy framework utilizing a CAMEL-style evaluation system to guide
supervisory decisions, and then extend the scope to include a
broader array of assessment factors and techniques, such as risk
management and risk profiling. The manual delineates UNMIK’s
expectations regarding the standards of financial condition and
management practices for financial institutions, as well as
evaluation methodology. The manual focuses on risk management
principles and other non-financial areas, such as corporate
governance, transactions with affiliates and insiders, internal
controls, and issues related to regulatory compliance, etc. The
manual itself will become a more comprehensive supervisory policy
manual containing principles-based guidance for the assessment of
risk in individual institutions and the sector. It also facilitates
consistent policy application throughout the range of supervisory
activities, including licensing activities/licensing, examination,
and off-site surveillance. In addition, it enhances the ability of
the agency to design and initiate risk-appropriate corrective
actions.
The development of the policy manual also serves as the basis for
continued development of the organizational structure, creation of
supervision programs/cycles, on-site examinations, off-site
surveillance and risk profiling activities. Additionally, the
principles in the manual help guide decision-making with respect to
licensing and problem bank management and resolution. It also
provides the basis for periodic staff training as well as the
foundation for a comprehensive training program. Lastly, the
well-articulated policy structure, in conjunction with the legal and
regulatory framework, provides a solid base on which the agency can
sustain sound financial sector management after the withdrawal of
UNMIK.

The success or failure of efforts to introduce
lasting reform hinges on the efficiency of resource use, the ability
to attract private direct investment into the banking and enterprise
sectors and on interrelated programs for development of responsive
civil institutions. Three key medium-term challenges in banking
sector development are:
-
Expanding
Institutional Capacity for Effective Implementation
of Reforms. Progress has been achieved with new banking
regulations and rules. Commercial reform is also underway in
support of an improved environment for contract enforcement,
recognition of property rights, secured transactions and other
features that will provide some comfort to lenders to take risk.
The challenge now will be to develop institutional capacity in
the judicial system, bank supervision, among accounting and
audit professionals, and the bankers themselves.
-
Creating a Virtuous Circle to Restore Public Confidence.
Observance by bankers of the new prudential regulatory framework
and sound governance and management practices will be needed to
restore confidence and financial intermediation. Deviation from
global standards may lead banks in Kosovo down the same path found
in many other neighboring economies: poor asset management that
undermines solvency and liquidity, triggering doubts about deposit
safety. This, in turn, undermines the funding base, limits access
to credit, and raises its cost through fees and higher interest
rates. Sound management should reverse this process in which sound
returns, which strengthen capital and liquidity, lead to a more
stable funding foundation based on rising levels of depositor,
shareholder, inter-bank, and regulatory confidence.
-
Utilizing Changing Incentives for Management Purposes .
There is a tendency on the part of older bankers in Kosovo to
tolerate a return to the Yugoslav non-commercial orientation of
the banking system, which relied on connected lending, excess
concentration, distorted classifications, and a passive role
whereby banks merely disbursed credits to their enterprise owners.
The new owners and managers of banks in Kosovo should ensure the
new incentive structure works profitably for them. At a minimum,
this will require more and better information for strategic
planning, and the ability to monitor developments in a timely
manner to ensure risks are adequately understood and controlled.
Payments System
Since the inception of UNMIK, the work of
re-establishing a functioning payment system has passed through
several stages. Of particular importance has been the establishment
of the Banking and Payments Authority of Kosovo (BPK). As earlier
noted, the BPK’s main purpose is to foster the development of
efficient and sound banking and payments in Kosovo. At its
inauguration in May 1999, the BPK was able to provide teller window
exchange of DM banknotes, services to UNMIK for payments of stipends
and wages; and receipt of taxes, opening and maintaining of deposit
accounts for banks and official entities and the acceptance of
deposits and withdrawals from those accounts of DM; and receipt of
payment orders (for non-cash payments) from authorized agents of
depositors and their execution (clearing and settlement).9
As the government’s banker, the BPK can accept
deposits from the CFA and other UNMIK agencies; it also makes
payments from these accounts in accordance with the instructions of
the CFA and other depositors. During the initial stage, all deposits
with the BPK have been in cash since it is not yet prepared to
accept non-cash deposits. As the bankers’ bank, the BPK is
responsible for clearing interbank payments in DM and settling them
using bank deposits with the BPK.
The institutional development of the BPK and of
its payment services has been delayed. The delay in developing the
BPK’s ability to offer deposit and payment services and the faster
than expected establishment of banks with the ability to offer such
services, necessitates a re-evaluation of the BPK’s plans to use
the temporary authority given to it in UNMIK Regulation
No. 1999/20 to accept deposits from enterprises. A further
implication of these developments is that the teller window services
for government wage and salary payments and tax collections can be
moved to banks more quickly than was originally envisaged.
With an increasing number of banks being
licensed, the need to develop interbank clearing and settlement
becomes more urgent. Since the payment system infrastructure is only
in the embryonic stage of development, it has been recommended that
their design from the beginning, should be based upon electronic
media deposited directly with the BPK, and settled on a gross basis
to ensure safe and reliable service to customers. Finally, it is
recommended that an UNMIK regulation on payment transactions in
foreign currencies be adopted in the near future. The objective of
such legislation is to provide for a modern law establishing a firm
foundation for an advanced market economy payment system to operate
in Kosovo.
D. Conditions for Private
Market Growth
The absence of a proper commercial law framework
and the severe problems affecting the definition of property rights
makes distinctions somewhat unclear, yet it can be argued that
Kosovo’s economy consists of three basic components: publicly
owned enterprises; privately owned enterprises, and the parallel
segment. Publicly owned enterprises formerly engaged in all sectors
of the economy but predominately in the industrial sector, and
generally in poor condition. The population of privately owned
enterprises - much larger in number and collective output - engaged
mostly in trade and services. The substantial parallel segment
consists of gray market activities in trade and services on a small
to medium scale. All exist today in institutionally and economically
unfriendly conditions: no industrial production, no banking system,
and no regulatory framework.
The sharp decline in the Kosovo GDP over the past
decade can be attributed to a dramatic falloff in industrial output
in a sector comprised almost entirely of publicly owned enterprises.
Virtually all enterprises suffered heavy damage during this decade
of disinvestment and neglect," leaving many in a severely
deteriorated physical condition. Most enterprises now need
significant restart capital to resume even minimal production.
Enterprises also suffer from the far more serious problem of having
lost their markets. This is because the rest of the Balkan region
moved on economically after 1989, with FRY no longer a viable market
for most products previously manufactured in Kosovo. As a result of
the exclusion of the ethnic Albanians from management and skilled
worker positions, the skills of the ethnic Albanian workforce are
out of date.
Facilitating Private Market Development
The success of the program of economic
development and reconstruction of Kosovo hinges to a large extent on
the degree to which the private sector can be empowered quickly to
generate growth. While the difficult political and legal issues in
Kosovo are being addressed, the existing private sector will need to
provide stimulus for economic growth. In addition to the rapidly
growing retail and services areas, short-term growth can be expected
to come largely from agriculture, agro-processing, construction, and
the production of construction materials. Primary agriculture and
construction, which are mostly private, should be encouraged to
follow the lead of the impressive development of SMEs in the retail
and services sector.
To develop the private sector, Kosovo will need
to pursue three strategic paths concurrently. First, promote
the growth and development of privately owned enterprises already in
the formal economy. Second, embrace the parallel economy and
bring it into the formal economy through a combination of incentives
and requirements. And third, expand the private sector’s
composition by transferring the potentially viable public
enterprises to private ownership.
To support private sector development, UNMIK must
assign top priority to the introduction of a regulatory environment
that makes the cost of operating illegally significantly greater
than operating legally. The regulatory framework should be: (i) simple,
understandable, and enforceable; (ii) facilitate compliance; (iii)
allow as little discretionary authority as possible to minimize
scope for corruption; (iv) eliminate any duplication of existing FRY
regulations; and (v) remove all discriminatory aspects of the
existing FRY system. The essential elements of the framework are a
business registration system, enterprise and contract laws,
competition and foreign investment laws, and mechanisms for settling
all kinds of disputes.
As taxation inside Kosovo is introduced, careful
attention should be given to the overall tax burden on enterprises,
especially given the high sales taxes levied at the border. In
addition, the trade regime will need to be refined to with respect
to taxes that could constrain private sector growth in Kosovo. For
example, a rebate system needs to be introduced in the medium term
to stimulate processing, subcontracting and consignment
arrangements, which will be important to allow Kosovo to exploit its
abundance of labor. Also, it is clearly not in the interest of
Kosovo’s economic development to tax imported capital goods - even
in the short term.
The lack of short- and long-term credit for
viable productive activity has been identified in a recent survey of
Kosovo SMEs as their most serious constraint. This limits the
private sector to activities that require minimal investment -
mainly in the services and retail sectors. Establishing a credit
program based on sound economic and financial principles will be
critical.
The Bank and a number of other donors have either
started or are still planning to provide credit lines for SMEs. In
order to ensure coherence of purpose and approach and to foster the
emergence of market-based credit, UNMIK has taken the lead in
developing certain principles upon which such programs ought to be
based.
- SME lending activities must be conducted within the
newly established banking supervisory regime;
- Credit should be extended mainly for private enterprises only,
based on sound credit analysis;
- Credit should be extended to enterprises in the parallel
sector only after their conversion to the official economy (the
lack of a functioning enterprise law or registry means that
interim procedures will have to be adopted if the credit line if
to be disbursed expeditiously);
- Borrowing terms extended to enterprises should not distort
competition with commercial credit;
- Lending programs should be conducted so that it support the
medium-term institution building needs for the banking
sector;
- Donor-financed SME credit should be viewed only as a
transitional measure until a healthy banking system is
developed;
- Donor coordination must be maximized and overseen by UNMIK
itself; and
- Similar principles should be applied to the extension of micro-
and agricultural credit.
Selling Public Enterprises to Private Hands
Following a decade of neglect and enforced
measures, many enterprises may not be viable, and thus will need to
be liquidated. Therefore it should be recognized that keeping some
of these entities running would only subtract value from the
economy. While ownership transformation should be a key objective
for the development of the private sector, it is no substitute for
outright liquidation of non-viable entities. Under this premise, and
in planning for privatization, Kosovo’s socially-owned enterprises
can be organized into the following categories: (i) large unique
enterprises, such as the Trepca mining complex; (ii) utilities;
(iii) enterprises of potential interest to foreign investors; (iv)
other viable and potentially viable enterprises; and (v) non-viable
enterprises.
Appropriate privatization methods may include: (i)
asset sales/liquidation of the non-viable enterprises; (ii) public
auctions or tenders for assets or shares for the majority of viable
enterprises; and (iii) concessions or management contracts for
special cases, such as Trepca. Asset sales would be the simplest to
organize and the most attractive for potential investors.
Privatization progress requires resolution of
several key issues, including UNMIK’s mandate, ownership of social
property, treatment of workers, and treatment of claims. These
issues can be resolved quickly but will require detailed procedures
for enterprise preparation and privatization transactions, in
addition to public support.
The ownership issue has been considerably
simplified by Regulation 1999/24. This defines the applicable laws
as those in force as of March 22, 1989 - except when superseded
by UNMIK regulations. It is generally considered that little or no
privatization under the 1988 "Markovic" law had occurred
by March 22, 1989. Although the majority of enterprises subsequently
affected by "enforced measures" were wholly socially owned
by March 22, 1989, there currently is no mechanism to establish this
as a basis for further action. Recent policy statements by UNMIK
propose the establishment of an adjudication panel to rule on the
structure of ownership in each enterprise.
The ownership issue has been considerably
simplified by Regulation 1999/24. This defines the applicable laws
as those in force as of March 22, 1989 - except when superseded
by UNMIK regulations. It is generally considered that little or no
privatization under the 1988 "Markovic" law had occurred
by March 22, 1989. Although the majority of enterprises subsequently
affected by "enforced measures" were wholly socially owned
by March 22, 1989, there currently is no mechanism to establish this
as a basis for further action. Recent policy statements by UNMIK
propose the establishment of an adjudication panel to rule on the
structure of ownership in each enterprise.
It seems appropriate to equate social ownership
with state ownership and for the privatization of such property to
be administered by UNMIK. In the SFRY, social ownership conferred
wide powers on workers to elect their management and otherwise
determine how an enterprise would conduct its business; however,
workers did not have a share in the capital of the enterprise.
Moreover, in the former SFRY republics that recognized social
ownership, the transformation of social capital was organized by the
state, with the state receiving proceeds from the sale of
transformed social capital.
In the interests of speed and efficiency, it is
vital to limit restructuring of enterprises to the minimum
necessary. It will be important that the only restructuring that
takes place before privatization should be the separation of social
assets (apartments) and public assets (power plants and irrigation
systems) from the economic assets of an enterprise.
In recent months UNMIK has proposed the
establishment of two public agencies: one for the adjudication of
claims; the other for administering the adjudication decision,
taking control of and managing enterprises until their
privatization. It is important that the adjudication body is a
small, efficient organization, with rules of procedure that permit
rapid results. It is also proposed that once ownership is
established, those businesses of which the majority of the stock is
publicly owned will be brought under the control of a new Kosovo
Enterprise Agency (KEA). The mandate of the KEA would be to
corporate the businesses and pay out any compensation according to
the findings of the OAC, to take interim control of the enterprises
until privatization, and to organize the privatization process, when
that becomes appropriate. The KEA will be part of UNMIK, but it will
report to an independent Steering Board representing all sections of
Kosovar society. However, the proposal to establish the KEA flies in
the face of experience with enterprise revival and privatization in
transition economies. It is not advisable to have a government body
being responsible for the control and operation of enterprises, even
less to have such a body reporting to all sections of society,
thereby permitting a conduit for pressures from workers, directors
and others to press on with their vested interests. Inaction,
deadlock and the preservation of enterprises are likely to result.
It appears more efficient to appoint temporary management to such
enterprises prior to their eventual sale or liquidation. Indeed, the
privatization mandate should have clear and enforceable deadlines
for preparation for sale and execution of the sale, with liquidation
following on automatically should the enterprise prove to be
insolvent or unsaleable.
Recent UNMIK proposals also contemplate that 10
percent of the capital of large enterprises, and 20 percent of small
and medium sized be reserved for purchase by the workers.
Preferential share sales to workers, however, should not be allowed
to interfere with the ability of a strategic investor or dedicated
management group to control an enterprise’s operations and carry
out necessary restructuring. Terms for preferential share sales
should also be kept simple – e.g., cash purchases rather than
installment purchases. It will also be necessary to define which
workers (e.g., 1989 vs. 1999) are eligible for preferential share
purchases.
As a first step towards privatization, UNMIK
should assert its authority over potentially viable socially-owned
enterprises by confirming or replacing current enterprise directors;
establishing requirements and standards for regular financial
reporting (including development of a current balance sheet) and
preparations for privatization transactions; limiting the ability of
enterprises to dispose of assets outside the ordinary course of
business; and establishing director liability and penalties for
non-compliance with UNMIK regulations.
Viable enterprises should be privatized through
asset sales or – if there is a need to allow share sales to
workers – through share sales. There are a very small number of
socially owned enterprises in Kosovo, and the even smaller number of
those that are potentially viable. Preliminary estimates suggest
there may be fewer than 200 potentially viable socially owned
enterprises of all sizes. Simple processes which focus on speed and
transparency of the process, rather than revenue generation, or even
equity, should be the objective when considering what institutional
arrangements are necessary to get the potentially productive assets
back to work.
E. Education
The formal asserting of centralized control over
education content from 1990 caused the Kosovar Albanians to develop
a "parallel" education system financed by remittances from
abroad and by informal tax revenues collected and managed at the
municipality level. Despite the remarkable efforts during the past
nine years – particularly among teachers – to maintain a
functioning education system under extremely difficult conditions,
the quality of education delivered in the classroom has inevitably
suffered. Enrollment ratios, thought to be over 90 percent in
primary prior to 1989, have almost certainly declined substantially
over the past decade, particularly among girls. As a result of the
recent conflict and a decade of inadequate maintenance, 30 to 50
percent of school facilities is in need of reconstruction,
presenting a serious constraint to re-starting the education system.
Since June 1999, Kosovar Albanians have taken it upon themselves to
re-start the education system. Curricula and textbooks developed
under the "parallel" system will be used in the first
several years while new programs can be developed based on modern
teaching and learning innovations.
Thus, in terms of provision of educational inputs
(which say little about learning outcomes), the past nine years and
the recent conflict have taken a serious negative toll. Few
teachers, professors or administrators – with the important
exception, perhaps, of those living abroad - have benefited from any
organized professional skills upgrading. Even prior to 1989,
pre-service teacher training lacked a methodological focus and
education administrators were not exposed to modern public sector
management skills. Basic textbooks for primary and general secondary
education were reported to have been generally available to most
students, financed through external contributions, but their
pedagogical and physical quality is said by teachers to be lacking,
and many of these books were destroyed or lost during the recent
conflict.
Key sector priorities
Priorities in education can be expressed in two
broad categories:
- The need to restore a minimally acceptable learning
environment to children currently in schools, and
- The need to define a new education system and policies that
will serve children in Kosovo for generations to come.
The education system in Kosovo needs to begin a
transition that has been underway in many of its central and eastern
European neighbors for the past seven to eight years. While
comprehensive, locally driven strategy and policy development will
take time to evolve, there are a number of key priorities and
objectives that an eventual education strategy would be expected to
address.
Education governance and financing. The key to
establishing an efficient distribution of responsibilities and
functions across levels in education is twofold: first, to allocate
to the center the authority for policy/strategy formulation and for
ensuring equity of access (redistribution to disadvantaged areas)
and the quality and consistency of educational programs; and,
second, to ensure that lower levels are given the responsibility and
authority (including budget and expenditure authority) to implement
programs flexibly and creatively within established norms. A
priority should be to continue a policy of decentralization to
ensure the authority of municipal officials to manage the majority
of resources for education. The design of a system of fiscal
devolution for education in Kosovo would include two crucial
elements:
-
Once the relative priority for education has
been determined at the center in competition with other sectors and
priorities, the distribution of resources for education to the
municipalities could be carried out in the form of block grants on
the basis of a per student budget formula. Such a formula-approach
to education funding – common in Western Europe and North America
and recently adopted in Hungary, Poland and the Czech Republic --
would help ensure equity (all children would be entitled to equal
funding) and provide a powerful incentive to municipal officials to
manage education resources efficiently. The formula can be adapted
to take into account existing disparities (separate urban and rural
budgeting norms, for example), and to allow additional spending for
programs in low performance areas. A centrally mandated public pay
scale for teachers and other employees in education could also be
maintained under such an arrangement. The introduction of per
student funding would also contribute greatly to transparency in
terms of allocation of resources across ethnic groups.
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Despite the tradition of local management and
financing councils, priority would have to be given to supporting
municipality governance structures to develop their public
administration skills and for re-defining the role of local school
boards and parent associations -- which are mandated without much
description in informal Kosovar Albanian legislation. Local school
boards, in particular, should be expected to play an important role
in ensuring accountability in the definition of local priorities and
the expenditure of funds to achieve those priorities.
The central ministry’s role in ensuring
educational standards and consistency within a fiscally devolved
system is discussed below in the curriculum and assessments section.
Higher Education Governance. The University of
Kosovo operates as a loose association of faculties, academies,
colleges and institutions, each with a legally autonomous status and
management structure. This dispersal of authority in what should be
a single institution has led to a redundancy of programs, personnel,
and facilities across faculties which diverts resources from
improving the quality of teaching and learning. The weakness of the
university rectorate also hinders an effective prioritization of
programs in the face of a changing economic and social environment
and allows autonomous faculties to resist systemic reforms aimed at
investing efficiency gains in improving the quality of programs. As
the university is re-established and new legislation is drafted over
the coming months/years, authorities in Kosovo should make the
university compatible with European standards in university
governance and management. The key will be not to allow direct
investments in single faculties to re-enforce the inefficiency and
redundancy of the current governance structures. Further, specific
higher education programs, which respond to particular development
needs or skills shortages – such as the development of programs
for medical, business administration and public administration
programs – should be a high priority.
Curriculum and Assessments. There is an
awareness among leading professional educators that educational
programs at all levels are characterized by a dense and ambitious
body of knowledge to be learned, leaving little flexibility to focus
on thinking and learning skills or to deal with children with
varying capabilities. In order to make the education system
responsive to changes in the skill needs of the labor market,
reforms will be needed not only in what is learned in school but in
how it is learned. The authority for developing and monitoring a
curriculum framework and modern learning standards should be placed
at the center. Agreement among all stakeholders on an institutional
mechanism and process for beginning this fundamental effort should
be a priority for the coming year.
Teaching. There is complete agreement among
education authorities that top priority should be given to upgrading
the teaching skills of nearly all the estimated 22,000 primary and
secondary school teachers currently serving the system. Local
authorities and donors should balance support between the need to
re-define pre-service teacher training curriculum and re-structure
delivery mechanisms for in-service training – reform initiatives
which should start soon – with the need to provide at least some
remedial training to existing teachers with a degree of urgency over
the next year or two. Donors and NGOs should play a major role in
helping to organize both medium term teacher training reform and
offering urgent skills training to teachers in the short term.
Secondary and Vocational Education. As currently
designed, the secondary system in Kosovo is out of alignment with
the emerging market economy’s need for broad-based skills, labor
flexibility and continuous learning. It is crucially important for
donors not to rush into the re-establishment of the current
secondary system until local authorities have developed a strategy
for secondary reform. Focus should then be put on the medium term
objective of developing new broad-based programs and on an extensive
re-training program for the existing secondary teaching force.
A reform of secondary technical/vocational
education will also necessitate commensurate reforms in the field of
adult training and two-year higher education technical/professional
programs. The goals are to develop a network of training suppliers
(public university, private-for-profit, semi-public, NGOs,), to
bring social and private sector partners into the governance of
adult training, to complement government funding with cost recovery,
and to facilitate the availability of labor market information.
F. Health
The health system in Kosovo has traditionally
been financed by pay-roll and profit contributions to a health
insurance fund (HIF), and service delivered through a tertiary
hospital in Pristina, five other district hospitals, "health
houses" (a form of polyclinic) and small primary health care (PHC)
clinics. The prevailing model of medical practice is excessively
specialized, yet out of line with modern clinical practice. Family
medicine and nursing practice need a great deal of development.
After 1989, HIF management, and policy and
regulation were centralized to Belgrade, with district office
functions in Pristina and four other districts of Kosovo. Ethnic
Albanians were dismissed from management and senior medical
positions. The HIF covered only around half of the ethnic Albanian
population, many of whom ceased to pay contributions and lost HIF
coverage. Ethnic Albanians set up a parallel system to provide PHC
through the Mother Theresa Society (MTS); delivered parallel
training of 700 doctors and 1200 nurses; and delivered services
through private practice financed from user fees. Since June, the
MTS system has largely collapsed, and there appears to be little
desire to restore it. Many Albanian doctors have moved to the
hospitals, claiming rights to restitution of previous employment, or
to specialist training positions denied to them during the past 10
years. Thi |