Source description last updated: 5 May 2020

In brief: The Ombudsperson Institution [OI] in Kosovo is responsible for protecting, monitoring and promoting human rights and fundamental freedoms as well as for acting as a national mechanism for the prevention of torture and other cruel, inhuman or degrading treatment and punishment.

Coverage on ecoi.net:

Reports.

Monthly coverage on ecoi.net.

Mission/Mandate/Objectives:

“Ombudsperson Institution represents legal mechanism for protection, monitoring and promotion of human rights and fundamental freedoms of natural and legal persons from unlawful and irregular actions or inactions of the public authorities, institutions and persons or other authorities, who exercise public authorities in the Republic of Kosovo as well as acts as a National Mechanism of prevention of torture and other cruel, inhuman and degrading treatments and punishments within all places where persons deprived of their liberty are placed [...]. Furthermore, the Ombudsperson is an equality mechanism for promotion, monitoring and support of equal treatment without discrimination […] The main OI challenge and objective remains its establishment and development, which is so called culture of good governing, which implies good administration, transparency and accountability of the public administration towards Kosovo citizens, as well as strengthening of the rule of law in general. The OI engagement for balancing of a relationship between the citizens and public administration, which intends to help the citizens, has exactly the same purpose. Ombudsperson’s recommendations aim improvement of standards and the quality of public administration’s services provided to the citizens. Intention of the Ombudsperson’s efficient activity is to increase the confidence of the people on the institution and administration by providing coherent relation between the citizen and the public administration.” (Website of the Republic of Kosovo Ombudsperson Institution: About us, undated)

“The mandate of the Ombudsperson is defined by the Constitution of the Republic of Kosovo and the Law on Ombudsperson, according to which the Ombudsperson receives and investigates complaints from any person, inside or outside the territory of the Republic of Kosovo, who claims that his or her rights and freedoms have been violated by public authorities in Kosovo.” (The Republic of Kosovo Ombudsperson Institution: Annual Report; 2019, 2 April 2020, p. 11)

Funding:

“The OI is an independent institution financed from the Budget of the Republic of Kosovo. According to the law on Ombudsperson, ‘OI prepares its annual budget and submits it for approval to the Assembly of the Republic of Kosovo’. According to the same legal provision, the OI is provided with the necessary additional budget for cases of increase of obligations and competencies with this law and other laws, namely additional relevant and adequate financial and human resources. During 2019, the OI has received great support from various donors. […] Budget allocated to the OI for 2019 amounts to € 1.373.753,99, earmarked for the following budget categories:

990. a) Wages and salaries in the amount of € 990.900,99;
991. b) Goods and services in the amount of € 309.353,00;
992. c) Utilities in the amount of € 25.500,00;
993. d) Capital Expenditures in the amount of € 48.000,00.” (The Republic of Kosovo Ombudsperson Institution: Annual Report; 2019, 2 April 2020, p. 168)
     
     Scope of reporting:

Geographic focus: Kosovo.

Thematic focus: Human rights violations by public authorities.

Methodology:

“The Ombudsperson conducts investigations, issues recommendations, publishes reports as well as advocates for human rights and freedoms. [...] OI does not replace the Court and cannot investigate crimes directly or change court’s decisions or issue binding decisions. […] The Ombudsperson can initiate cases in the Constitutional Court in compliance with the Constitution and the Law on Constitutional Court. The Ombudsperson also exercises his/her competencies through mediation and reconciliation. OI does not conduct investigation on the issues related to disputes between private persons. [...] The OI may offer legal services regarding complaints of Kosovo citizens addressing public authorities outside Kosovo by forwarding these complaints to relevant institutions (in most cases to homologues [sic!] institutions – to the Ombudsman) in the other country or to another homologues [sic!] institution. […] In cases that require immediate actions, the OI submits request for interim measures.” (Website of the Republic of Kosovo Ombudsperson Institution: About us, undated)

The Ombudsperson Institution in Kosovo publishes annual reports, reports on specific cases, reports on specific areas of human rights, ex-officio reports (on investigations initiated by the OI itself), annual reports and recommendations of the National Preventive Mechanism (NPM), reports in cases of amicus curiae, opinions, letters of recommendation in legal cases, requests sent to the constitutional court and reports on local elections.

UNMIK Regulation No. 2006/06 calls “on public authorities to cooperate with the Ombudsperson Institution and respond to its request within a reasonable time.” The Ombudsperson has the right to “investigate individual complaints alleging violations of human rights or abuses of authority with regard to the above law and practice or to review any thereto related or subsequent enactments for their compatibility with recognized international standards.” (Ombudsperson Institution in Kosovo: Special Report No. 13; On the failure of the Municipal Authorities in Senderaj/Srbica and Mitrovice/Mitrovica to cooperate with the Ombudsperson Institution in Kosovo, 22 May 2007, p. 2)

Languages of publications:

English, Serbian, Albanian

Further reading / links:

The Republic of Kosovo Ombudsperson Institution: Annual Report; 2019, 2 April 2020
https://www.oik-rks.org/en/2020/04/02/godisnji-izvestaj-2019/

European Network of National Human Rights Institutions: Ombudsperson Institution of Kosovo, undated
http://ennhri.org/our-members/kosovo/

All links accessed 5 May 2020.