However, by the final certification date (11 August), the principal Kosovo Serb political entity, the Povratak Coalition (KP), did not submit the required documents for participation in the coming elections. Furthermore, on the same date, an already certified Serb political entity, PSS-SPOT, informed the CEC that it was withdrawing from participation.
In choosing, at that stage to boycott the election process, Kosovo Serb leaders also made it clear that any Serb appointed to take up one of the “set aside” seats would not be invested with any credibility.
This stance may be seen as continuing the logic of the earlier Serb boycott of the PISG, particularly after the events of March 2004.
The reasons given for non-participation in the elections were dissatisfaction with the absence of a positive response to Belgrade proposals for decentralisation; a perception that voting will condone institutions which have failed to guarantee Serb security; impact of the March riots, proof for the Serb community of the incapacity of PISG and the international community to protect minorities.
The picture was rendered more complex by the fact that, although many Serbs in Kosovo apparently were prepared to participate in the elections, provided certain conditions were met, that the political signals emerging from Belgrade were both crucial and confusing.
Whilst the President of Serbia and Montenegro was favourable to participation, the Prime Minister was against, for example his statement on 28 July 2004 “the turnout of Serbs for the elections at this moment hardly makes sense”.
Although in the end, the Belgrade position was more positive, the reality on the day of voting (see below) was a virtual, total boycott.
3. STRUCTURE AND MANDATE OF THE KOSOVO ASSEMBLY
Chapter 9 Section 1 of the Constitutional Framework for Provisional Self-Government (UNMIK/REG/2001/9 of 15 May 2001) provides that the Assembly is “the highest representative and legislative Provisional Institution of Self-Government of Kosovo”.
The Assembly shall have 120 members elected by secret ballot. For the purposes of the election of the Assembly, Kosovo shall be considered as a single, multi-member electoral district.
100 of the 120 seats are distributed to parties, coalitions, citizens’ initiatives and independent candidates in proportion to the number of valid votes received in the election. 20 seats are reserved, as “set aside” seats, for additional representation of non-Albanian Kosovo Communities, as follows: 10 seats for candidates representing the Kosovo Serb Community; four seats for the Roma, Ashkali and Egyptian Communities; three seats for candidates representing the Bosniak Community; two seats for candidates representing the Turkish Community and one seat for candidates representing the Gorani Community.
The term of the Assembly is three years, commencing on the date of the inaugural session, which shall be convened within 30 days after the certification of the election results.
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