Press Release:17 December 2004

OMBUDSPERSON INSTITUTION IN KOSOVO

The report adopted recently by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly is a very positive sign that the Council of Europe and its Assembly intend to continue its engagement in the much needed debate on human rights and the mechanisms to protect them in Kosovo.

As the Kosovo Ombudsperson, I would like to express my heartfelt appreciation concerning this highly anticipated report. At the same time, I wait for an engaging debate on the conclusions of the report during the next Parliamentary Assembly session in January 2005.

Kosovo, and very much the people of Kosovo, need the strengthening of human rights mechanisms, because the levels of control of the actions of international and local institutions in Kosovo, in this respect, are far too inadequate.

Kosovo is part of Europe, and simultaneously, the people of Kosovo neither have the right nor the possibilities to be protected through fundamentalinternational human rights instruments.They are among the few who do not have access to the European Court of Human Rights. The only real mechanism that they have at their disposal, to defend their rights and freedoms, is the Ombudsperson Institution in Kosovo, which is doing its utmost to meet each and every need. But far more is needed today and in the future.

Given these circumstances, I sincerely welcome the idea of establishing an international Human Rights Court for Kosovo and I consider it of vital importance that strategies to this end be implemented without further ado. The Ombudsperson's jurisdiction should be extended to permit, him/her to approach the Human Rights Court in every case involving important general issues of public interest raising human rights questions.

The Special Chamber of the Supreme Court should be created, in particular, to review the existing laws in Kosovo for their compatibility with international standards and to deal with constitutional issues. The Ombudsperson Institution, however successful in its operations during the difficult and formative four years since the year 2000, needs additional support. This can only be done by insuring, on the one hand, that UNMIK and local government institutions improve their cooperation and support for our investigations and, in principle, follow our recommendations.

The legal framework of our Institution should also be re-enforced. One of the questions the international community will be faced in this respect is the moment when the Institution will be transferred to local hands. I consider however, for the time being and for a certain period of time, that only an international Ombudsperson would be able to guarantee the efficient functioning covering both the international and local governmental structures, while at the same time taking into proper consideration the interests of all ethnic communities in Kosovo.

I am convinced that, following the remarkable report prepared by Mr. Tony Lloyd, the Parliamentary Assembly will adopt recommendations opening a new and long awaited chapter in international discussion and action on Kosovo and the protection of rights and freedoms of its people.