UNMIK/PR/1719
UNMIK Countdown #33
PRISTINA – The Ombudsperson Institution in Kosovo, established in 2000 by UNMIK Regulation No. 2000/38, is an independent institution with a mandate to address issues concerning alleged human rights violations or abuses of authority committed by the Provisional Institutions of Self-Government or UNMIK. Through its work, the Institution helps promote respect for human rights and good governance in Kosovo and contributes towards making institutions of government accountable and transparent.
From 2000 to 2005, the Ombudsperson Institution was led by an International Ombudsperson and two local deputies. In December 2005 the International Ombudsperson departed, and the SRSG appointed Hilmi Jashari, a Kosovo Albanian, as Acting Ombudsperson. Since February 2006, the Assembly of Kosovo has had authority to appoint a local Ombudsperson in accordance with UNMIK Regulation No. 2006/6 on the Ombudsperson Institution in Kosovo. Under this regulation, the Ombudsperson Institution would retain its mandate to investigate complaints against local authorities or other bodies of Kosovo’s Provisional Institutions of Self-Government, but would not be competent to investigate complaints against UNMIK.
In June 2007, the Assembly of Kosovo issued a vacancy announcement for the position of Ombudsperson. Pending the appointment, the Acting Ombudsperson is operating in accordance with UNMIK Regulation No. 2000/38, and therefore has the mandate to review and recommend redress regarding any act, omission or decision constituting a human rights violation or an abuse of authority by UNMIK.
“The Ombudsperson Institution is crucially important to ensuring the protection and promotion of human rights for all those residing in Kosovo. I urge the newly-elected members of the Assembly of Kosovo to move quickly in appointing the Ombudsperson. The Ombudsperson Institution must remain a well-funded, independent and impartial voice that ensures institutions of government operate in a manner that is consistent with democratic institutions, namely that they are accountable to the people and transparent in their activities,” Special Representative of the Secretary-General Joachim Rucker said.
With regard to allegations of human rights violations committed by UNMIK, following promulgation of UNMIK Regulation No. 2006/12 on the Establishment of the Human Rights Advisory Panel, the Human Rights Advisory Panel (HRAP) has jurisdiction to examine complaints of persons or groups claiming to be a victim of a violation of human rights by UNMIK after all other available remedies have been exhausted. HRAP’s jurisdiction covers “alleged violations of human rights that had occurred not earlier than 23 April 2005 or arising from facts which occurred prior to this date where these facts give rise to a continuing violation of human rights.”
