Functional Review of the Ministry of Environment and Spatial Planning
Functional Review of the Ministry of Environment and Spatial Planning Functional Review of the Ministry of Environment and Spatial Planning
Gender balance at the MESP The overall gender balance of the MESP central apparatus staff (281 persons) represents 61 % men and 39 % women. In the top management (Minister and Permanent Secretary) and middle management (all department directors) there is only one woman (Director of Department). At the lower level management (division, sector and office heads) 3 positions are occupied by women and one political adviser is also a woman. Higher proportions of women are present in expert, officer and technical staff positions. There is no need for specific action in the gender balance promotion area, as this step might – despite its good intentions – cause more harm then good to the organization. It is hard to find and retain qualified personnel with experience in any of environmental management and even harder in spatial planning field, so MESP should rather focus on enhancing staff capacity than on improving the gender balance. Consultants’ conclusion: Generally it can be stated, that Kosovo’s case is well within the European parameters. In principle all administrative units and all institutions in the environmental field do have their mandates based on legal provisions. Competencies and functions are also detailed in secondary documents such as the Administrative Instructions which corresponds to EU practice. There is an urgent need to implement missing pieces of legislation as described in Recommendation 6 of this report. 19
SECTION III. RECOMMENDATIONS REGARDING SPECIFIC FUNCTIONS This section summarizes the main recommendations regarding specific business functions of the MESP. The functions covered include policy analysis and coordination, legislative coordination, implementation, the inspection function and supervision. The aim of these recommendations is to increase the overall performing capacity of the departments described. III.1 Environmental Protection Department (DEP) / Department of Waters (DoW) The following four recommendations relate to both “environmental” departments. Even understaffed, they have mandate to deal with their particular functions. III.1.1 Legislative function Kosovo adopted a set of environmental laws comprising i) environmental protection; ii) air protection; iii) water protection; and iv) waste management. Some other environmental laws are presently under discussion. This specifically environmental legislation is to a considerable extent harmonised with the EU acquis (it should be mentioned that it is not needed at this stage in terms of full implementation). It introduces environmental impact assessment (EIA) and strategic environmental assessment (SEA) as new elements of environmental management. The above mentioned laws prescribed adoption of sub-laws and defines the responsibilities of different bodies in this respect. The necessary secondary legislation is in some cases lagging behind, so that currently part of the legislation is still blocked for use in practice. For implementation of this legislative framework, which regulates the field of environment and the spatial planning, the MESP has issued sub-laws so called Administrative Instructions (AI). The entire list of subsidiary legislation adopted to date in Kosovo is in Annex 4 of this report. In the medium-term period, it is foreseeable that the Kosovo administration will be confronted with even larger challenges when the envisaged approximation to EU membership will require the transposition and implementation of the whole environmental acquis without exception. Table 2. presents a summary of the EC legislation by environmental sub-sector and shows the task represented by this challenge. The comparable amount in Kosovo is 15 promulgated environmental laws and 66 issued by-laws. It does not necessarily mean that Kosovo should approximate all this legislation in short-term. The purpose is to demonstrate the volume of work and show where Kosovo is in respect to that. Table 2. Summary of the EC legislation by environmental sub-sectors Sector Directives Regulations Decisions Total Horizontal 5 2 0 7 Air Quality 18 1 10 29 Waste Management 17 3 8 28 Water Protection 11 0 1 12 Nature Protection 4 6 1 11 Industrial Pollution Control and Risk Management 6 2 7 15 Chemicals and Genetically Modified Organisms 8 5 4 17 Noise 10 0 0 10 Nuclear Safety and Radiation Protection 5 3 0 8 Civil Protection 0 1 7 8 TOTAL 84 23 38 145 The respective departments do not have appropriate capacity in legislation. This workload can be solved only with closed and well coordinated collaboration with the Legal Department. 20
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Gender balance at <strong>the</strong> MESP<br />
The overall gender balance <strong>of</strong> <strong>the</strong> MESP central apparatus staff (281 persons) represents 61 % men <strong>and</strong> 39 %<br />
women. In <strong>the</strong> top management (Minister <strong>and</strong> Permanent Secretary) <strong>and</strong> middle management (all department<br />
directors) <strong>the</strong>re is only one woman (Director <strong>of</strong> Department). At <strong>the</strong> lower level management (division, sector<br />
<strong>and</strong> <strong>of</strong>fice heads) 3 positions are occupied by women <strong>and</strong> one political adviser is also a woman. Higher<br />
proportions <strong>of</strong> women are present in expert, <strong>of</strong>ficer <strong>and</strong> technical staff positions.<br />
There is no need for specific action in <strong>the</strong> gender balance promotion area, as this step might – despite its<br />
good intentions – cause more harm <strong>the</strong>n good to <strong>the</strong> organization. It is hard to find <strong>and</strong> retain qualified<br />
personnel with experience in any <strong>of</strong> environmental management <strong>and</strong> even harder in spatial planning field,<br />
so MESP should ra<strong>the</strong>r focus on enhancing staff capacity than on improving <strong>the</strong> gender balance.<br />
Consultants’ conclusion: Generally it can be stated, that Kosovo’s case is well within <strong>the</strong> European<br />
parameters. In principle all administrative units <strong>and</strong> all institutions in <strong>the</strong> environmental field do have <strong>the</strong>ir<br />
m<strong>and</strong>ates based on legal provisions. Competencies <strong>and</strong> functions are also detailed in secondary documents<br />
such as <strong>the</strong> Administrative Instructions which corresponds to EU practice. There is an urgent need to<br />
implement missing pieces <strong>of</strong> legislation as described in Recommendation 6 <strong>of</strong> this report.<br />
19
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