Ombudsperson calls for a new legal framework for religious communities in Kosovo

Following its review of a complaint by the Community of Tarikats of Kosovo concerning the inability to separately declare religious affiliation in the 2024 Population Census, the Ombudsperson has published an Opinion on the recognition of religious communities and the determination of their legal status in the Republic of Kosovo.

A media release said that the lack of an option to declare religious affiliation on the census form was linked to shortcomings in the current legal framework. According to the Ombudsperson, this framework does not create an effective mechanism for the registration of religious communities and their acquisition of legal personality, resulting in practical and legal consequences both for the expression of religious affiliation and for the free exercise of their activities.

The Ombudsperson also assessed that the way the question on religious affiliation was formulated in the 2024 Population Census does not fully guarantee the right to religious self-identification and does not fully reflect religious pluralism in Kosovo. “Including only some religious communities and grouping other communities under the ‘Other’ category limits the institutional visibility of other religious communities and may create unequal treatment.”

According to the Opinion, the state must maintain neutrality and impartiality in religious matters and ensure equal treatment for all religious communities, in accordance with the Constitution and international human rights standards.

“In this regard, the Ombudsperson calls on the Government and the Assembly to take the necessary steps to adopt a comprehensive legal framework for the registration and legal status of religious communities, ensuring objective, transparent and non-discriminatory criteria, in accordance with the Constitution, the European Convention on Human Rights, the case law of the European Court of Human Rights and the recommendations of the Venice Commission. In addition, public institutions must respect the right to self-identification, equality before the law and the prohibition of discrimination in future processes of collecting statistical data and drafting public policies.”

The Ombudsperson reiterated that religious pluralism, the autonomy of religious communities and equality in their treatment are important pillars of a democratic society and of the effective guarantee of freedom of belief, conscience and religion.