INPO: The Municipal Assembly to hold accountable the Mayor and his subordinates for legal violations in the development of the MDP, the prosecutor to make independent investigations

18/09/2017

Organization INPO expresses deep indignation on the incapacity and successive failures of the Ferizaj / Uroševac municipality to guarantee efficient and effective governance, based on law and order, as well as oriented towards the service of the sustainable development of the city of Ferizaj.

The annulment of the decision to grant the consent for the approval of the Municipal Development Plan in Ferizaj, by the Ministry of Environment and Spatial Planning confirms once again all findings and evaluations of INPO on the unlawful and out of the democratic spirit of drafting strategic documents for spatial development in the municipality.

INPO has consistently criticized municipal planning authorities for improper, non-transparent and unlawful access to the MDP drafting process. Even in 2015, INPO had publicly demanded the dismissal of the Director of the Urbanization Directorate, as the main person responsible for the entire unjust and unlawful cycle of drafting municipal spatial planning policies. Durin that time, INPO also requested from the Basic Prosecution in Ferizaj to conduct investigations into allegations that the criminal offense of falsifying an official document, respectively the decision of the Municipal Assembly for revision of the I and VIII areas of the city had been used the sole purpose of raising building coefficients.

As a consequence of the non-implementation of accountability mechanisms within the municipal institution and the unwillingness of the Mayor to hold accountable his subordinates in front of the law, has enabled the MDP drafting process to be continuously challenged by MESP, citizens and civil society.

Further, the deposition of the criminal report to the Basic Prosecution of Ferizaj, by the Department for Economic Crimes of the Kosovo Police, about allegations of misuse of office or official authority against the Director of the Urbanization Directorate and other members of the commission for reviewing citizens’ complaints about the MDP draft, is a clear indicator that  legal obligations have not been implemented in this process and that the legitimate demands of the citizens have not been reviewed according to law.

Consequently, the two (2) year-old commitment of the planning authorities failed to adopt this document so necessary for the development of the municipality. However, this failure to approve the MDP due to legal obstacles should be an alarm for the Municipal Assembly, as the highest decision-making authority and the chief supervisor of the work of the Mayor. INPO requests from the Municipal Assembly of Ferizaj that on its scheduled meeting to be held on Monday (September 18, 2017) to request political and institutional accountability from all responsible officials up to the Mayor,  for all legal violations and their failures to guarantee governance which is legal, transparent and in full harmony with citizens’ interests.

Finally, INPO calls upon members of the Municipal Assembly of Ferizaj to perform their legal obligations and decide on the interest of citizens to hold accountable the Mayor and his subordinates for their unwillingness to ensure legitimate, sustainable governance, efficient spending of public funds for sustainable spatial regulation and adequate access to public services for all citizens indiscriminately.

INPO has always had and always will have within its mission to respect the relations established in the defense of functional democracy and the rule of law and certainly over all the protection of citizen’s interest by publicly denouncing any phenomenon or activity that is inconsistent with the legitimate interests. Being convinced in the fight against these phenomena, we appreciate that actions such as those of municipal officials seriously undermine democracy within the country, as well as the legal relations established for the protection and functioning of the rule of law and justice in Kosovo.

In addition to the obligation of the elected members of the Municipal Assembly of Ferizaj, INPO will monitor how law enforcement agencies will act to ensure the enforceability of laws and the punishment of offenders in these cases.

This grant is funded by the Democratic Society Promotion (DSP) project – funded by the Swiss Cooperation Office in Kosovo (SCO-K) and the Ministry of Foreign Affairs of Denmark (DANIDA) and managed by the Kosovo Civil Society Foundation (KSCF).