Ombudsman in Kosovo As Well

AIM Pristina, December 25, 2000

200 years after the institution of Ombudsman was founded in the world, UN Special Representative for Kosovo Bernard Kouchner, by his Decree 2000/38 of June 30, this year established the institution of Ombudsman in Kosovo entrusting it with the supervision of the institutionalisation of democratic developments. The two centuries that have passed since the founding of the first Ombudsman in Sweden till the founding of this one in Kosovo, speak tellingly of the reality in Kosovo and this part of the Balkans.

There is an impression that the international community is doing everything it can, giving green light to the establishment of all those institutions which have globally proved necessary for the creation of a democratic surrounding in the true meaning of the word, supervising and warning of all possible irregularities that in the process of developing democracy in any surroundings might limit the rights and freedoms of physical and legal persons. This authority is more than necessary in Kosovo, all the more as everything is here at its beginning. The international community monitors and directs the development of democracy, starting from the most fundamental segments a society needs in its endeavours to build a totally new democratic system, which requires enormous efforts not only of the international community, but of local protagonists as well.

By founding the institution of Ombudsman, Civil Administrator for Kosovo Bernard Kouchner has placed all his, as well as all other authorities, including the local ones, under the control and possible influence of the Ombudsman. According to the first Deputy of the International ombudsperson, Nik Ljumezi, this practically means that this body should follow, advise as well warn authorities at all levels, regarding the adoption and implementation of legal enactments in cases when they are at odds with the principles of democratic rights and duties in line with standards laid down in international documents of the most developed democracies in the world. This authority has the aim of ensuring and promoting the degree to which human rights of physical and legal persons are exercised, their harmonisation with the international norms laid down in international human rights conventions.

From June till November, representatives of the international community have done for this institution as much as they were probably able to, appointing one foreign representative, as envisaged by the Decree on the Establishment of Ombudsman's Office. In this case they appointed a Pole - Mr. Marek Antoni Novicky, a human rights activist for many years in Strasbourg, as the head of the Ombudsman institution, as well as his three deputies. Further development of this institution will progress in line with the local circumstances. From June till November, when it officially started carrying out its functions, only five lawyers, out of the total envisaged number of 50, have been engaged.

According to Mr. Novicky's Deputy, the reason is of material nature. Experienced legal experts, whose instructions and objections could have a bearing on all authorities, from UNMIK's administration to all local and communal authorities, are nor prepared to give up their enormous salaries, which they earn as private legal counsels. In other countries, the institution of Ombudsman represents a constitutional or legal category elected by the Assembly. In Kosovo, which is under the international protectorate and where there is no Assembly or Constitution, i.e. whose final status has not yet been resolved, this institution is that much more important because, as Mr. Ljumezi said, it provides the possibility for monitoring all democratic guidelines which should determine a totally different direction of development of human, civil, political, economic, as well as cultural rights in Kosovo. Mr. Ljumezi pointed to the limitless influence which this body will have on all lines of democratic development.

Relations have not yet been established between KFOR and Ombudsman, although that is envisaged by the Rules of Procedure of this body, despite the fact that since November, when the institution of Ombudsman officially started functioning, a large number of appeals has arrived, mostly pertaining to property relations between UNMIK and KFOR administrations and citizens.

"In just one month we have received 110 appeals from individuals and groups of citizens. A process of determining the regularity of a decision of the Ministry of Public Services on disconnecting a group of citizens from the power-supply grid, is in process" told us Mr. Ljumezi.

"Practically in all countries of the world there is an Ombudsman and not in one single case has its opinion been disregarded" told us our collocutor deeply convinced that in Kosovo this authority will play an important role in the development of democracy. The effects will undoubtedly, depend on the material support, which is now based on donations. The required representation of ethnic groups, following, monitoring and determining of fact in objections raised in Kosovo and outside it, whenever they concern the citizens of Kosovo, imply a responsibility that must be awarded.

The financing of this authority should be secured from the budget, same as in other countries of the world, although funds envisaged for the next year will not be sufficient to hire those people who could contribute to the greater efficiency of this authority, all the more as legal expertise is better awarded in private practice. Experienced lawyer himself, Mr. Ljumezi expressed hope that the arrival of Ms. Donna Gomien, an American lawyer, who will be taking over from Mr. Novicky and his Deputy Mrs. Christiana Hintzen, and to whom the UN have entrusted the next six-month term of office in this position, will mark the improvement of both material as well as formal importance of this institution in Kosovo. The number of appeals received in only one month points to the conclusion that here too the authorities will not remain untouchable.

However, in contrast to the optimistic forecasts, there are those analysts who think that the influence of this institution will be much smaller that it is assumed. As a reason they mention the "insensitivity" of the local authorities and structures to the public in general, and thus to this institution also, mostly authoritarian tradition and character of local political institutions and political behaviour, as well as very difficult situation in the region regarding the respect of human and minority rights in general.

AIM Pristina

Tehire GOVORI