Statement by Marek Antoni Nowicki, Ombudsperson in Kosovo,
on the occasion of the debate on Protection of human rights in Kosovo

First part of the 2005 Ordinary Session
of the Council of Europe Parliamentary Assembly
(Strasbourg, 24-28 January 2005)

25/01 2005

Mr. President,

Members of the Parliamentary Assembly,

Presidents and Secretaries General,

I am honoured and pleased to have been given this opportunity to address such distinguished representatives from European countries. Having worked as the Ombudsperson in Kosovo since July 2000, I am grateful to be able to speak on a matter that, on a professional and on a personal level, is of the utmost importance to me.

I would like to focus our attention to the background on which this report was conceived.  Although the human rights situation in Kosovo has improved in certain sectors, the general level of human rights protection there is still far below minimum international standards.

Ladies and Gentlemen,

The reason why I am standing here before you today:  It is essential that Kosovo has a Human Rights Court and that the Ombudsperson Institution be strengthened.

This debate is a significant sign that the Council of Europe intends to enhance its involvement in human rights protection in Kosovo. In this context, I would like to congratulate Mr. Tony Lloyd and the Committee on Legal Affairs and Human Rights for the report which is at the center of today’s meeting. I was especially pleased to see that this report covers many essential points I, myself, have raised in the past.

The most important recommendation contained in the report is clearly the one calling for the creation of a Human Rights Court in Kosovo.  But what will be the future relationship between such a Human Rights Court and also the recommended Special Chamber of the Supreme Court on Constitutional Framework Matters?

Both bodies would deal inter alia with individual human rights cases against the local administration but the Human Rights Court would be the only judicial organ handling complaints against United Nations mission and international military presence. The issue of their correlation still needs to be clarified. 

The report also addresses the question of strengthening the role of the Ombudsperson. Here, I add an additional proposal: UNMIK should be obliged to ensure that the local administration cooperate with the Ombudsperson. Both UNMIK and the provisional governing institutions of Kosovo should be required to respond to the Ombudsperson’s concerns within a specific and reasonable time frame. The international community in Kosovo must take this Institution as seriously as it deserves.  Far too often I receive inadequate responses from international actors in Kosovo, which frequently leaves me disappointed after my five years as Ombudsperson.

As to the future of the Ombudsperson Institution, an international Ombudsperson not only should continue to be at the helm of the Institution, but should also have a sufficient number of international staff members to work with and train the local staff. A sine quo non, in this respect is, of course, adequate funding.  I stress this point because recently I have been receiving certain worrying messages with regard to this subject.

Ladies and Gentlemen,

I would like you to remember from this debate that, what Kosovo needs first, in order to protect the rights and freedoms of its people, is a Human Rights Court and to consolidate the Ombudsperson Institution.

The Committee on Legal Affairs and Human Rights proposals debated today must be implemented without delay. 2005 is going to be a very important year: The international community will assess the progress made to date in the long and difficult process of building a modern and democratic society in Kosovo. 

All people in Kosovo must have guaranteed basic rights and freedoms that most other parts of Europe have long taken for granted.

Thank you.