The Ombudsperson presented the report on the level of implementation of the Law on Protection from Discrimination

Prishtina, January 28, 2024 – The Ombudsperson, Mr. Naim Qelaj, together with the Department for Protection from Discrimination organized a roundtable and presented the findings of the “Annual Report 2023 on the Implementation of the Law on Protection from Discrimination”.

The Ombudsperson Qelaj said that the main challenge in overseeing the implementation of the Law on Protection from Discrimination is the lack of institutional data on reported cases of discrimination. He said that urgent needs are the strengthening of institutional capacities, training of officials and improvement of transparency so that the law is implemented in practice.

The Ombudsperson added that institutional cooperation is crucial, not only as a constitutional obligation, but also as a fundamental prerequisite for effectively combating discrimination and promoting human rights in Kosovo.

He added that the report also identified current gaps and critical aspects that need to be addressed to enable effective oversight of the implementation of the law by the Ombudsperson’s Institution.

Eva Palatov, Deputy Head of the EU Office in Kosovo, stressed that the EU has taken many steps to ensure that the protection against discrimination is functioning. She added that it is necessary to involve everyone in cooperation on the path towards EU integration.

The Head of the Council of Europe Office in Pristina, Mary Ann Hennessey, stressed that this report represents an important step in the fight against discrimination and contributes to Kosovo’s integration into the European Union. She added that this report is believed to have laid a solid foundation and provided recommendations for improving the law and its implementation.

The President of the Kosovo Judicial Council, Mr. Albert Zogaj, welcomed the report, emphasizing that the report has identified the responsibilities of each institution to implement the law against discrimination, including the courts, which have important weight.

The report highlights several key problems, including:

• Low institutional awareness of the necessity of collecting data and recording cases of discrimination;
• The absence of some of the fundamental links of the general system of prevention and protection against discrimination;
• The lack of implementation of minor offense procedures for cases of discrimination;
• The inadequate implementation of the Law by the courts.

It should be noted that the lack of institutional evidence of violations of the Law does not necessarily reflect the real situation, as reports and complaints of discrimination in the public and private sectors remain frequent.

The report includes six concrete and practical recommendations, which aim to improve the implementation of the law and guarantee more effective protection against discrimination.

This report was supported by the Council of Europe Office in Kosovo.