Ombudsperson’s statement related to equal gender representation in the process of Early Parliamentary Elections 2019
Prishtinë, 5 September 2019 – The Ombudsperson, in accomplishing his entrusted mandate and assessing the inalienable importance that elections have within a democratic system, is closely monitoring the dynamics of the process for the Early Elections for the Assembly of the Republic of Kosovo.
As crucial for democratic state functioning, elections require indisputable integrity, powerfully supported on guarantees and principles set forth by the Constitution and the Laws of the country.
To elect and be elected is a right guaranteed for each citizen of the Republic of Kosovo above 18 years of age. In this light, and given previous elections, the Ombudsperson reinstates general public and competent authorities’ attention to equal opportunities for participation of both genders in all segments of the election process, considering, like the Constitution of the country, the gender equality as a fundamental value for democratic development of a society.
The Ombudsperson reminds political entities that the Law No. 05/L-020 on Gender Equality, actually Article 14 of this Law, explicitly stipulates: “Political parties with their acts are obliged to implement measures to promote equal participation of men and women at authorities and bodies of the parties in accordance with provisions of Article 6 of this Law..”, which among others determines that, Legislative, executive, judicial bodies at all levels and other public institutions shall be obliged to adopt and implement special measures to increase representation of underrepresented gender, until equal representation of women and men according to this Law is achieved..” (Article 6, paragraph 7).
Furthermore, the Law at effect on Gender Equality clearly defines that “Equal gender representation in all legislative, executive and judiciary bodies and other public institutions is achieved when ensured a minimum representation of fifty percent (50%) for each gender, including their governing and decision-making bodies.” (Article 6, paragraph 8).
Faced up with vacillation regarding the priority of implementation of normative acts[1], the Ombudsperson strongly emphasizes that provisions of Law no. 05 / L-020 on Gender Equality have preeminence over provisions of Law no. 03 / L-073 on General Elections, which speak about gender representation. This, for two reasons:
1.The Law on Gender Equality is a special law with regard to the guarantee, protection and promotion of gender equality, as fundamental values for development of democratic society;
2.The Law on Gender Equality is recently adopted Law in comparison with the Law on General Elections and mandatory requires application, according to the provisions contained therein.
Specifically, due concern should be given to Article 5, paragraph 2 of the Law No. 05/L-020 on Gender Equality, which explicitly stipulates that: “Any provision which is in contradiction to the principle of equal treatment under this Law shall be repealed.”
The Ombudsperson deems as a mandatory act provision of equal and non-discriminatory opportunities on any basis to candidates’ lists and to electoral process in general and calls upon the public that this is safeguarded.
Therefore, the Ombudsperson anticipates that political entities participating in this electoral process, as well as the Central Election Commission (CEC), shall respect the principle of equality in the entire electoral process, with particular emphasis on equal representation in the electoral lists, in accordance with the provisions of Law no. 05 / L-020 on Gender Equality and the compatibility with the spirit that the Constitution of the Republic of Kosovo reflects.
Guaranteeing equal opportunities and non-discrimination on the basis of gender is not solely indispensable for a democratic society, but is a constitutional and legal determination that must be applied by everyone, including political parties.
[1] See Ombudsperson’s Ex Officio Report regarding principles for the interpretation of normative acts https://oik-rks.org/2018/09/28/raport-me-rekomandime-ne-lidhje-me-tri-parime-te-pergjithshme-per-interpretimin-e-akteve-normative/