Prishtine, 16 January 2024 – The Ombudsperson, on January 16, 2024, sent to the Constitutional Court of the Republic of Kosovo, the request for assessment of compatibility with the Constitution of Article 28 of the Law No. 08/L-228 for the General Elections in the Republic of Kosovo.

The contested provision (Article 28 of Law No. 08/L-228 on General Elections in the Republic of Kosovo) left the same definition from the previous law, as it determined that “

“In each political entity’s candidate list, at least thirty percent (30%) shall be male and at least thirty (30%) per cent shall be female, with one candidate from each gender included at least once in each group of three candidates, counting from the first candidate in the list.”

Concerning such regulation of gender representation in candidates’ lists, the Ombudsperson has requested from Constitutional Court to assess:

• If the contested provision is in compliance with Article 7 [Values] of the Constitution;
• If the contested provision is in compliance with Article 24 [Equality before the Law] of the Constitution; and
• If the contested provision is in compliance with Article 45, paragraph 1 [Freedom of Election and Participation] of the Constitution.

The request was submitted since the Ombudsperson is convinced that determination of the quota “at least 30%” for each gender justifies the unequal treatment of women. Such a legal regulation has proven in practice that women continue to be under-represented in electoral lists, by meeting solely the minimum set by law, and that this minimum does not reflect equality for women.

The Ombudsperson estimates that setting by the law of a quota of “at least 30%” for each gender represents a type of unjustified prejudice, considering that the gender percentage between the sexes is almost 50% to 50%, with small differences and each minimum quota of representation below 50% is not in accordance with the legitimate purpose pursued by the law.

In addition, the Ombudsperson draws attention to the fact that most of the lists of political entities that competed in the general elections of 14 February 2021, were represented by 30% women and 70% men, where even then the legal criteria for the gender quota has been that in the lists of political subjects each gender is represented by no less than 30%. In practice, it is observed that women were represented by 30% while men by 70%. Whereas, it has been observed that in almost all candidates’ lists of political entities, every third candidate was a woman, while the first two candidates were men.

We would like to clarify that with regard to the above-mentioned request, the Ombudsperson will not require the temporary measure, taking into account that an identical definition is also in the repealed law, which in practice would not reflect any substantial change.

On this occasion, the Ombudsperson points out that he will continue to remain committed to fulfilling his constitutional and legal mandate.