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Press release – The Ombudsperson published the report on the returnees from North Macedonia in Obiliq

17/11/2023

Pristina, on November 17, 2023 – The Ombudsperson, based on his constitutional mandate and according to the powers and responsibilities defined by the Law on the Ombudsman, published the Report with recommendations Ex officio no. 453/2018 regarding the lack of suitable housing conditions for the Roma, Ashkali and Egyptian communities, returned to Obiliq from North Macedonia.

The report aims to draw the attention of the local and central governments to the need to take action to create dignified and suitable living conditions for the returnees in Plemetin village.

The Ombudsperson assesses that the issues related to the returnees in the village of Plemetin have been layered over the years, such as: the process and method of return, the concentration of the returnees in a certain area, the lack of property, the fact that the returnees were not residents of the locality before, the reaction and way of accepting the returnees from the host community, the lack of registration in civil status registers, etc.

This report, through an analysis of the current situation, actions of the authorities so far and legal analysis, aims to address the need for actions by the authorities to change this situation. In this regard, the Ombudsperson has concluded that there is a violation of the right to choose one’s residence, a right guaranteed by Article 35 of the Constitution, and a violation of Article 1 of Protocol 12 of the European Convention on Human Rights, which extends the scope of protection for “any right provided by law” and establishes a general prohibition of discrimination, which means situations where the case falls within the scope of a substantial right guaranteed by domestic law.

Based on the complex situation of the current return and the concerns of the residents of Plemetin, the Ombudsperson estimates that the issue should be resolved through the cooperation of the relevant central authorities, including the Ministry of Return and Communities, the Ministry of Local Government Administration, with Municipality of Obiliq, recommending as follows:

The Ministry of Communities and Return – in cooperation with the municipalities in the Republic of Kosovo, to create conditions for sustainable return, protection, integration and development of communities, based on the mission and vision for which it was established as a state institution.

Municipality of Obiliq – take actions to create suitable living conditions for the families of the Roma, Ashkali and Egyptian communities, returned to the village of Plemetin, regardless of their previous place of residence, in accordance with Law no. 03/L-164 on Financing of Special Housing Programs in the Republic of Kosovo, as well as taking into account the implementation of Regulation no. 01/2018 for the Return of Displaced Persons and Sustainable Solutions, in terms of the allocation of municipal land with rights of use in accordance with this regulation and with the relevant legislation in force.

Full report -> https://bit.ly/3umQrmM