Ombudsperson: The lack of fully functioning institutions is harming citizens’ rights in Kosovo

The political and institutional situation in Kosovo continues to have a negative impact on the functioning of institutions, the course of legislative processes and the daily lives of citizens.

Naim Qelaj, the Ombudsperson, told KosovaPress that Kosovo is entering its second year without fully functioning institutions as a result of repeated elections.

He assesses that the failure to form institutions is directly affecting human rights and increasing citizens’ uncertainty about future developments in the country.

Qelaj: The failure to establish institutions undermines and seriously harms human rights

“This is the second year that Kosovo has continued to function without fully formed institutions, as a result of the repeated elections taking place in Kosovo. The failure to establish institutions undermines and seriously harms human rights, first and foremost because of the stagnation of legislative initiatives, amendments to laws and the adoption of new laws that directly affect citizens’ lives, their well-being and the raising of living standards. It naturally also greatly affects the work of other institutions themselves, which in the absence of supervisory authorities remain at a very low level of engagement in their daily work, as well as in projects that they are unable to complete and unable to start anew. And this, of course, has led to the citizens of Kosovo today facing a situation of insecurity, or unpredictability, as to what will happen next,” Qelaj said.

According to him, the conclusion of the most recent elections should be followed by the creation of institutions, while he stresses that any further prolongation of political and institutional crises would bring even more serious consequences for the country.

Qelaj underlines that some institutions are continuing their work with extended mandates, including the Ombudsperson institution.

Qelaj: A large number of institutions are operating under extended mandates

“I consider that the result of the most recent elections will be finalized with the creation of institutions and that there will be no continuation of other political and institutional crises, because we are also in a difficult situation where a large number of institutions are operating under extended mandates, including the Ombudsperson. So, I am in the position of Ombudsperson with an extended mandate, according to the law until the election of the new Ombudsperson; otherwise, my five-year mandate expired back in October of last year. The damage being caused to Kosovo by the failure to create institutions is extraordinary. I think the institutional and political responsibility of the people who are responsible for creating these institutions should be greater and stronger; there should not always be thinking only in terms of political calculations and the division of power,” he added.

The Ombudsperson points out that this crisis has produced budget restrictions, blockages in legislative initiatives, infrastructure projects and the justice reform process. According to him, one of the fundamental pillars of this reform should be respect for the separation of powers.

Qelaj: We have stagnation in justice reform and other processes that have been launched

“We have budget restrictions, restrictions on legislative initiatives, and on new infrastructure projects. We have stagnation in justice reform, and we have stagnation in many other processes that have been launched, and this is the result of this institutional and political crisis, which in a way is even losing its meaning. The first thing that I consider important in justice reform is that the separation of powers must be respected. Everyone who lives in Kosovo and who bears institutional responsibility must know that interference in the branches of power and the influence over or capture of the judicial branch by the legislature or the executive seriously undermines Kosovo’s democracy,” he stressed.

He also expressed concern about what he sees as a tendency toward interference in the justice system, calling for politics and the executive not to influence the judiciary and the prosecution.

Qelaj: I think there have been actions that show a tendency to interfere in justice

“I think there have been actions that show a tendency to interfere in justice. Starting from the reactions of institutional leaders toward specific names. To mention them as undesirable for leadership positions within the prosecutorial and judicial system, and all the way to calls and tendencies to announce vacancies, or to take concrete actions. The justice system, the Judicial Council and the Prosecutorial Council, are independent authorities, whose decision-making should be based on the law and on the needs and plans they themselves make, and not on the basis of political agendas. Therefore, my call in this case is for politics and the executive to stay as far away as possible from interference in the justice system, while always supporting it and coordinating and cooperating in the interest of genuine reform,” Qelaj said.

The latest elections in Kosovo were held on June 7 of this year, and the winner was the Vetëvendosje Movement.

The Central Election Commission has still not certified the results, as some candidates for MPs have filed complaints with Kosovo’s Supreme Court.

LVV leader Albin Kurti told the media that after the certification of the results, he will begin communication with political parties to secure an agreement on the creation of institutions, as well as on the election of Kosovo’s president.

The previous elections were held on December 28 and February 9. In those electoral processes as well, LVV was the winner, but in the December elections no agreement was reached on the election of the president.