Advisory Office on Good Governance, Human Rights, Equal Opportunities and Gender Issues
The Advisory Office on Good Governance, Human Rights, Equal Opportunities and Gender Issues (AOGG) has been operational within the Office of the Prime Minster since March 2002. The AOGG is responsible for reviewing legislation, as well as policies, procedures and practices, for compliance with applicable human rights standards and practices of good governance and to make recommendations to the PM and relevant Ministries accordingly. Its mandate is formulated broadly and the AOGG is not an organisation dedicated to the interests of communities. However, it is expressly mandated to ‘consult with community representatives, and develop consultative bodies as needed, to address good governance, human rights, and equal opportunity and gender issues’. That is, although it does not have an express obligation to specifically protect the rights of communities, the AOGG must engage and involve the communities in the context of its obligations to protect human rights, encourage equal opportunity, address gender issues and uphold good governance.
Office for Community Affairs
The Office for Community Affairs will be the key coordinating body for community issues. Since the establishment of the Provisional Institutions of Self-Government in Kosovo, each Ministry, government agency and institution has followed its own disparate strategy towards communities. This has often created confusion and left gaps in the delivery of services to communities, leading to frustration for members of communities. The OCA, first proposed by the Prime Minister in January 2008, is aimed at resolving this lack of coordination, which was not addressed in the Ahtisaari plan. To date, the mandate of the OCA is still under negotiation and the OCA should begin to function within the OPM by summer 2008. It is envisioned that the OCA will coordinate government and donor efforts in their work with communities, monitor community related legislation and advocate for government adherence to issues of key importance. As such, the OCA will be one of the primary bodies addressing the needs of communities in the Kosovo government.
Ministry for Community and Return
The Ministry for Community and Return (MCR) was established in 2005. It is the key ministry tasked with the protection and promotion of communities and their members. Annex XII of Regulation 2005/15 sets out the mandate for MCR, which includes:
- Develop policies and promote and implement legislation for the promotion and protection of the rights of Communities and their members, including the right to return
- Promote the establishment of conducive conditions for return and ensure a rights-based approach to return
- Provide the lead in confidence building, dialogue and reconciliation activities among communities and support the implementation of these activities
- Develop and oversee implementation of a Government outreach strategy relating to communities and returns, and support the development and implementation of such strategies in all municipalities
Despite the broad and powerful mandate given to the MCR, in operational terms, the Ministry has worked mainly on returns issues. Activities in relation to communities and their protection have been generally limited to monitoring and reporting under international instruments such as the Framework Convention.
Ministerial Human Rights Units
Human Rights Units (HRUs) were officially created within each Ministry in March 2007. Administrative Instruction XX/2007 provides that HRUs are independent units within each Ministry, which report directly to the Permanent Secretary of the Ministry. HRUs are tasked to monitor the compliance of its Ministry’s policies, legislation and activities to relevant human rights standards. The issue of community rights is, in practice, considered to be within this remit. As such, HRUs should monitor the impact of Ministerial actions, policies and legislation on communities. In addition, HRUs act as a point of information for Ombudsperson and international human rights mechanisms.
Communities Consultative Council
The CCC is intended to be the key mechanism to facilitate the political participation of communities at the central level. Its functions, among others, will include assisting in the organisation and articulation of views of communities in relation to legislation and policy adopted by the government and acting as a mechanism of exchange and dialogue between communities and governmental institutions. The mandate and operations of the CCC are largely fixed by legislation. The Law on the Protection and Promotion of the Rights of Communities and their Members, signed into Law on 15 June 2008, contains many of the provisions governing the CCC. According to the law, the CCC’s functions include:
- To afford the communities the opportunity to participate at an early stage on legislative or policy initiatives prepared by the Government or the Assembly, to suggest such initiatives and to have their views incorporated in the relevant projects and programs, including the annual strategy and report
- To enable communities to participate in the needs assessments, design, monitoring and evaluation of programs that are aimed at their members or are of special relevance to them
- To make recommendations during the decision-making process concerning the apportionment of funds for projects for Communities from both international funds and the domestic budget
- To raise awareness of community concerns within Kosovo and contribute to harmonious relations between all communities.
The work of the CCC is focused on enabling collective decision-making, so that communities are involved in political decisions that affect their lives. As such, the CCC with be the central body for consultation with communities on the issues that effect them the most, especially community policies and legislation, programmes and funding. The CCC was officially established by Presidential Decree on 15 September 2008 was will soon begin functioning.
Human Rights Coordinator
In May 2007, the Prime Minister created the position of Human Rights Coordinator of the Government of Kosovo (HRC) and appointed Mr Habit Hajredini, who also holds the position of the Director of the AOGG. The position was created within the OPM and the HRC:
- Coordinates the work of the Human Rights Units (HRUs) in the Ministries of the Government of Kosovo, with the aim to promote and protect the human rights in Kosovo
- Coordinates the activities concerning reporting to the mechanisms of the Government of Kosovo for Human Rights.
The mandate of the HRC is very broadly defined. Consistent with the tendency to treat minority rights as a part of human rights, there is also no express mention in this HRC’s mandate of the rights of communities and their members and issues relevant to them, but is considered implicitly part of the HRC’s mandate by some people.
Ombudsperson
The Ombudsperson is a part of the Constitutional Framework, and it was established and formally inaugurated in November 2000. It is mandated to receive complaints from individuals concerning human rights violations or abuse of authority in Kosovo. The Ombudsperson has been granted jurisdiction to receive and investigate complaints, monitor, take preventive steps, make recommendations and advise on any such matters. It can also open an investigation independently, without a formal complaint lodged by an individual (ex-officio investigations). The Ombudsperson is also mandated to monitor policies and laws to ensure that they respect human rights standards and requirements of good governance. If the Ombudsperson finds that a general practice or situation affecting the public as a whole has violated international human rights’ standards (not only one person or group of persons, for example, a community) it can issue a Special Report with recommendations to the Government. Committee on the
Rights and Interests of Communities and Returns
According to the Rules of Procedure of the Assembly of Kosovo, the CRICR is a standing parliamentary committee. It acts as a ‘preventive’ mechanism to ensure that legislation passed is consistent with ensuring that community rights and interests are adequately addressed. The Committee holds hearings on proposed laws, can propose laws on its own initiative and holds debates regarding community concerns.
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