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Press release – Report with recommendations regarding the legal identity of unregistered persons

03/09/2020

Prishtinë, 3 September 2020 – The Ombudsperson, within the scope of exercising his powers and legal responsibilities, has published today Ex-officio Recommendation Report no.148 / 2020 with regard to the legal identity of unregistered persons.

Given Recommendations Report aims to draw attention of state institutions on treatment and undertaking of measures within the competencies and legal responsibilities entrusted with regard to the legal identity of unregistered persons. As a result, these persons to be provided with access to civil, economic, social, cultural, etc. rights, guaranteed by national acts and international instruments on human rights and freedoms.

The Ombudsperson, upon review of relevant legislation, of international instruments, case documents, information and data in his possession, considers that in this case, the failure to ensure the legal identity of the persons in question constitutes violation of Fundamental Human Rights and Freedoms, namely children’s rights, since the relevant authorities have not fulfilled constitutional and legal liabilities as well as international standards which are directly applicable in the Republic of Kosovo concerning provision of legal identity to its citizens.

The Ombudsperson has identified 84 individuals without legal identity, who cannot access basic human rights. Currently, 61 individuals of different ages are awaiting solutions at the administrative level, 23 at the judicial level. The average waiting time for solutions at any of the levels in line with the challenges outlined in the Report can last from 2 to 7 years.

The Report provides specific and concrete recommendations regarding actions to be taken by the relevant state institutions regarding the issue and has been disseminated to the responsible authorities.