Departments

Legal framework (DCRPHR)

OI is an independent constitutional institution dealing with protection, monitoring and promotion of human rights and freedoms, established under the Constitution and the Law on Ombudsperson.

Powers, responsibilities and the basic normative rules governing the work of OI in the area of protection, monitoring and promotion of human rights and freedoms are defined under Articles 132, 133, 134 and 135 of the Constitution of the Republic of Kosovo; Law on Ombudsperson No. 05 / L -019, Anti-Discrimination Law No. 05 / L -021, the Law on Gender Equality No. 05 / L -020, as well as other special laws and this Regulation.

 

REGULATION No. 02/2016 ON RULES OF PROCEDURE OF THE OMBUDSPERSON INSTITUTION

CHAPTER V

COOPERATION, REPORTING ON AND PROMOTION OF HUMAN RIGHTS

Article 79
Promotion of human rights

 

  1. In accordance with Article 18, paragraph 1.4 and 1.5 of the Law on Ombudsperson, the Ombudsperson may, in the area of promotion, enhancement and protection of human rights, carry out the following:

1.1.      draw attention to human rights and the efforts to combat all forms of discrimination through awareness rising, especially through media information;

1.2.      issue recommendations to Government, Parliament and other competent authorities of the Republic of Kosovo on matters pertaining to promotion and protection of human rights and freedoms, equality and non-discrimination;

1.3.      advise and issue recommendations to authorities of Republic of Kosovo on programs and policies to ensure protection and promotion of human rights and freedoms in the Republic of Kosovo.

  1. The department responsible for communication, reporting and promotion of human rights, as established by the Regulation on internal organization and systematization of work places, shall conduct research on issues of fundamental human rights and freedoms, equality and discrimination; prepare annual, periodic and other reports on the bases of which it shall propose adequate measures and action and shall initiate, in conjunction with responsible institutions, development of Programmes on raising awareness and promoting human rights.
  2. The relevant department shall monitor and examine Strategic Documents of the Government and of other institutions, both in drafting and implementing stage regarding protection, monitoring and promotion of human rights in Kosovo, and depending on findings, shall make recommendations on a timely manner and with reasonable deadlines.

 

Article 80
Monitoring of situation of human rights and freedoms

 

  1. The OI shall monitor the situation of human rights and freedoms, based on received complaints, assessments and reports published by state bodies and civil society organizations, examinations and publications of international organizations as well as on the basis of information disseminated by media.
  2. Based on collected data, the OI may point to the need for measures and promotional activities, aimed at protection of rights and freedoms and suppress discrimination, which is under the Ombudsperson’s area of responsibility.

 

Article 81
Investigation and analyses

 

  1. As part of its responsibilities to protect, monitor and promote human rights, the Ombudsperson shall conduct and publish researches and analysis regarding protection of human rights and freedom.
  2. Research and analysis shall be accomplished through different research methods, based on citizens’ complaints under review, information and on other resources available.
  3. Based on data collected from surveys and researches, the Ombudsperson shall decide to undertake other measures under its authority and responsibility.

 

Article 82
Cooperation with civil society organizations

 

  1. Throughout his work, the Ombudsperson, in accordance with the Constitution and legislation in force, shall cooperate with all organizations and local and international institutions involved in protection of rights and freedoms.
  2. Cooperation with civil society organizations shall be done by organizing joint public hearings, awareness-raising activities on the importance of human rights, participation in and cooperation on projects related to specific cases of violations of human rights and freedom under the purview of the OI.

 

Article 83
National and international cooperation

 

  1. The OI shall establish and develops cooperation with national organizations and international institutions, active in the protection and promotion of human rights.
  2. Any cooperation under paragraph (1) herein shall be carried out in a manner that preserves the independence of OI, as defined in the Constitution and the Law on Ombudsperson.
  3. The relevant department of OI shall develop a database of previous and ongoing projects on the technical assistance extended.
  4. The projects database shall include data on targets and activities conducted, donors, implementation units and partners, experts involved, budgets, results achieved, periods of implementation, cooperation with all stakeholders and exchange of experiences with the view of coordinating new projects with previous activities, in order to avoid overlap of efforts and adjust to results and lessons learned from past experiences, as well as to establish a cooperation platform at local, national and international level, by managing and updating the project database.

 

Article 84
Work plan

 

  1. Activities of the OI are set out under Annual Work Plan, adopted by the Ombudsperson.
  2. The Annual Work Plan shall comprise:

2.1.      an overview of responsibilities and activities;

2.2.      information on objectives planned to be achieved, related to general and specific objectives arising from three-year Strategic Plan (Program);

2.3.      budgetary cost of the planned activities, and

2.4.      data on the most important risks that may affect achievement of certain objectives.

  1. All OI departments, offices and units shall approve work plans, based on the general work plan and strategic objectives of the OI, set out in the IO Strategic Development Program.

 

Article 85
Ombudsperson’s Annual Reports

 

  1. In accordance with its obligations derived under Article 29 of the Law on the Ombudsperson and specific laws, the Ombudsperson shall present before the Assembly of the Republic of Kosovo regular Annual Reports for the year ended, by 31 March of the next year.
  2. Drafting of the Annual Report shall be based on the annual performance reports of departments and respective units in OI.
  3. The summarized Annual Performance Report of the relevant Departments shall be initially review by the IO Panel and shall then be forwarded to the Ombudsperson for approval, no later than 15 of December each calendar year.
  4. The Ombudsperson’s Annual Report shall contain findings on the compliance level with the fundamental human rights and freedoms and legal protection of the citizens of the Republic of Kosovo; information on the work of National Preventive Mechanism against torture, anti-discrimination and gender equality, statistical presentation of received and processed claims, description of typical cases of violations or mismanagement as well as an overview of other activities of interest for protection, monitoring and promotion of human rights.

 

Article 86
Ombudsperson’s Special Reports

 

  1. In accordance with Article 30 of the Law on Ombudsperson, the Ombudsperson shall also issue Special Reports on specific areas of human rights.
  2. The Ombudsperson shall present Special Reports when he ascertains that discrimination has occurred and that constitutional and legal rights of the Kosovo citizens have been seriously threatened, due to actions or inactions which represent abuse of authority.
  3. Deputy Ombudspersons and heads of relevant departments in the area of professional services shall also be involved in preparations and drafting of Special Reports.
  4. Drafting procedure and the content of each Special Report shall be proposed by the OI Panel, and subsequently approved by the Ombudsperson.