The Weakest Link of Kosovo's Democracy - KFOS

The Weakest Link of Kosovo's Democracy - KFOS The Weakest Link of Kosovo's Democracy - KFOS

11.01.2013 Views

90 The Auditor has identified a great number of violations by the public companies, which compared to the ministries, are almost completely controlled by the Government of Kosova. The most blatant case is the one of the Kosova Energy Corporate (KEK). The Auditor found such grave failures the responsibility over which could be tracked all to the Prime Ministry. Accounting procedures, control procedures, and balance check have never been upgraded in KEK. These irregularities cause a difference in current balance for different fiscal years, creating opportunities for financial manipulation, while in the meantime obstructing from identification and uncovering of corruptive practices. According to the Auditor, this company lacked formal control for completed transactions causing a high manipulation risk in financial reporting, creating again an environment conducive for financial abuses. The Auditor has identified hundreds of violations during KEK’s auditing. The untouchables of Kosova In spite of the fact that auditing had been directed in a manner that leaves the governing coalition and UNMIK untouched, the reports published so far on the Auditor General[s webpage have presented numerous and sufficient arguments that prove that the institutions and public companies have been led on totally abusive foundation. It would not be a mistake to state that in over 90 per cent of audits, the reports on public fund expending have generated grave violations. The Auditor concluded of such violations in almost every municipal audit report, reports on ministries, and especially reports on public companies. Failing to audit the institutions proves continuously that neither government nor UN- MIK consider it of interest to act against law violators to maintain inter-connected interests untouched.

The Government’s Political Axe on Kosovar Administration case Study: Kosova Tax Administration June 2007 Kosova Tax Administration (KTA) has begun building own professional capacities far from political influences as this sector fell completely under UNMIK competences, along with customs administration. As soon as its command and control were transferred to the Ministry of Economy and Finance, the KTA became subdues to a political reorganization, while the institution’s founders were kicked out in the streets and replaced with people, loyal to political parties. People on whom it had been invested for a long time were kicked out, losing the generated expertise, only to replace it with amateurs and political loyalists. This was a heavy stroke of politics with destructive consequences for the foundations of the KTA. It caused an immediate erosion of the three-year long donor investment in building administrative capacities of the sector. Of course, the UNMIK during the whole time simply provided blessings by not taking a single act to protect the professional structures from political cleansing. Building an Administration in Kosova and the Eu context: Kosova All but Eu criteria The European Commission has a series of specific criteria for adhering countries, but the reform of the civil service is among the top demanding the guarantee of professionalism and political independence and guaranteeing a career based and training system. 35 The Provisional Institutions of Self-Governance (PISG) have to a considerable degree not only failed to respect this criteria, but on the contrary, they have violated them in the simplest for possible. An international expert confirms that the Kosovar administration is currently moving on the opposite direction compared to the one needed to meet the EU criteria. The civil service must be an important nucleus that does not change with the minister. It starts with the Secretary Permanent in the ministry all the way to the KTA managers, but the replacements always happen 36 . In this manner, all the Governments in Kosova have employed within the civil service members of their close family, including brother, sister, wife, mothers-in-law, nephews, sons-in law. Etc. The building of the Ministry of Economy and Finance had been initiated by the minister Ali Sadria on nepotism basis, while his nepotism structures in the government and institutions of financial administration have only been replaced by nepotism structures of the current minister, Haki Shatri 37 . 35 Verheijen, Tony 1999. Civil Service Systems in EU Candidate States: Introduction, 1999:90 36 Interview, UNMIK expert on tax administration, May 2007 37 See the following of this report 91 The Weakest Link of Kosovo’s Democracy forum 2015

90<br />

<strong>The</strong> Auditor has identified a great number <strong>of</strong> violations by the public companies, which<br />

compared to the ministries, are almost completely controlled by the Government <strong>of</strong><br />

Kosova. <strong>The</strong> most blatant case is the one <strong>of</strong> the Kosova Energy Corporate (KEK). <strong>The</strong><br />

Auditor found such grave failures the responsibility over which could be tracked all to<br />

the Prime Ministry. Accounting procedures, control procedures, and balance check<br />

have never been upgraded in KEK. <strong>The</strong>se irregularities cause a difference in current<br />

balance for different fiscal years, creating opportunities for financial manipulation,<br />

while in the meantime obstructing from identification and uncovering <strong>of</strong> corruptive<br />

practices. According to the Auditor, this company lacked formal control for completed<br />

transactions causing a high manipulation risk in financial reporting, creating again an<br />

environment conducive for financial abuses. <strong>The</strong> Auditor has identified hundreds <strong>of</strong><br />

violations during KEK’s auditing.<br />

<strong>The</strong> untouchables <strong>of</strong> Kosova<br />

In spite <strong>of</strong> the fact that auditing had been directed in a manner that leaves the governing<br />

coalition and UNMIK untouched, the reports published so far on the Auditor<br />

General[s webpage have presented numerous and sufficient arguments that prove<br />

that the institutions and public companies have been led on totally abusive foundation.<br />

It would not be a mistake to state that in over 90 per cent <strong>of</strong> audits, the reports on<br />

public fund expending have generated grave violations. <strong>The</strong> Auditor concluded <strong>of</strong> such<br />

violations in almost every municipal audit report, reports on ministries, and especially<br />

reports on public companies.<br />

Failing to audit the institutions proves continuously that neither government nor UN-<br />

MIK consider it <strong>of</strong> interest to act against law violators to maintain inter-connected<br />

interests untouched.

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