The Ombudsperson has delivered today to the competent bodies the Report with Recommendations concerning the failure of competent authorities to fulfill obligations for management of material containing asbestos within the territory of the country.

The Report aims drawing attention of competent authorities, respectively of the Ministry of Environment and Spatial Planning (MESP) as well as municipalities, on the need to undertake immediate preventive measures in order to reduce the negative impact to the environment and human health.

According to the Document of the World Health Organization (WHO) and the International Labor Organization (ILO), published on 2007, concerning Development of National Programs for elimination of asbestos-related diseases: “Exposure to asbestos causes asbestosis, pleural plaques, obesity and effusions, lung cancer, mesothelioma, laryngeal and possibly other cancers with different latent periods.” While according to the WHO document, published in 2014 “Elimination of Asbestos-related Diseases“, which reviews the adverse effects of exposure to asbestos in health, is estimated that at least 107,000 people die every year from lung cancer, as a result of exposure to asbestos during profession exercising.

The Ombudsperson, upon case review, even though no response has been served to him by the Ministry of Environment and Spatial Planning, based on the information received from the Municipalities of Prishtina, Ferizaj, Mitrovica, Gjilan, Gjakova, Peja and Prizren, considers that, regardless sufficient legal basis provided for by Law no. 04 / L-060 on Waste and Administrative Instruction No. 22/2015 for Management of Waste Containing Asbestos, the Ministry of Environment and Spatial Planning as well as Municipalities, with the exception of the Municipality of Mitrovica, apart the fact that they are entrusted with functions for implementation of the right and are responsible for the protection of the environment, nature and biodiversity, have failed to undertaken actions to ensure safe and healthy environment for Kosovo citizens, as positive obligation under Article 25 [Right to life] and Article 52 [Responsibility for the Environment] of the Constitution.

The Ombudsperson has concluded in the Report that the lack of any awareness-raising activities on public information regarding the dangerousness of asbestos-containing materials indicates the failure and negligence of the competent authorities to protect human health and life and at the same time restriction of the right to a safe and healthy environment as well as the right to life.

While, the failure of the Ministry of Environment and Spatial Planning to undertake actions related to treatment of asbestos containing materials within the territory of Republic of Kosovo, as foreseen by the Law and the Administrative Instruction, the Ombudsperson considers as the failure to implement obligations arising from the Article 92 of the Constitution for exercising of executive power pursuant to the Constitution and the Law and enforcement of the Laws adopted by the Assembly of Republic of Kosovo.

Based on the investigations conducted the Ombudsperson, pursuant to Article 135, paragraph 3 of the Constitution of Republic of Kosovo, as well as Article 18, paragraph 1.5 and 1.7 of the Law on Ombudsperson, recommends  that:

1. The Government to undertake immediate measures for management of waste with asbestos content, as foreseen with the Law No. 04/L-060 on Waste.
2. The Ministry of Environment and Spatial Planning (MESP) to undertake additional measures for management of waste containing asbestos;
3. Municipalities, in cooperation with the Ministry of Environment and Spatial Planning, to promptly undertake measures for implementation of obligations deriving from the Law No. 04/L-060 on Waste and the Administrative Instruction No. 22/2015 for the Management of Waste Containing Asbestos.
4. The Ministry of Environment and Spatial Planning to immediately begin, through various forms, information and awareness rising on asbestos impact on human health and environment, as well as on forms of management.
5. The Ministry of Environment and Spatial Planning, with the exception of information restricted by law, to make available to the public the NGO “Pro Vitae” Report on asbestos research of all public buildings in Municipality of Peja and Istog.
6. The Committee for Agriculture, Forestry, Rural Development, Environment and Spatial Planning of the Kosovo Assembly to seek responsibility from the Minister of MESP for the failure to undertake measures provided for in the Law No. 04/L-060 on Waste, Administrative Instruction No. 22/2015 for the Management of Waste Containing Asbestos.

The Recommendation report has been published on OI official web-page, at: