Indpendent Agencies Report - Alb, Ser, Eng.pdf - QKSS

investigations although the law explicitly obliges public authorities to grant such access. 360 Insufficient
human resources, low salaries, lack of proper working conditions and a very limited budget are other
factors which adversely affect the functioning of the Ombudsperson Institution. 361 Despite increasing
activities, the budget of the Ombudsperson Institution has been reduced every year, at least according to
representatives of the Ombudsperson Institution. But Members of the Kosovo Assembly maintain that
no specific funding requests have been submitted by the Ombudsperson Institution as otherwise such
requests would have been considered positively. 362 However, the current arrangements for budget
drafting, where it is perceived that the Government actively intervenes in the determination of the
budget, are considered a serious impediment to the independence of the Ombudsperson. 363 Then again,
existing legislation specifically provides that no budget organization, public authority, person or
enterprise may use the budgeting and appropriations process for an independent agency in a manner
that intends to exert political, personal or commercial influence over such agency. 364 However, the new
draft law provision for a submission of the budget proposal directly by the Ombudsperson to the
Assembly of Kosovo is expected to strengthen the independence of the Ombudsperson Institution.
Irrespective of the guarantees of the Ombudsperson’s independence as set out in the Constitution and
existing legislation, the Ombudsperson is not free from political interference, as the significant delays in
the appointment of the Ombudsperson have recently shown. Since the departure of the international
Ombudsperson Mr. Marek Antoni Nowicki in December 2005, the position of the Ombudsperson has
remained vacant and was provisionally filled by the Deputy Ombudsperson Mr. HHilmi Jashari. 365 It
was only in June 2009 that the Assembly of Kosovo appointed Mr. Sami Kurteshi as Ombudsperson,
following several failed attempts in the Assembly to reach agreement on the candidate. Representatives
of civil society interpret the stalemate in the Assembly, preventing the appointment of the
Ombudsperson for three years as an indication of the politicization of the Ombudsperson Institution. 366
Even members of the Assembly admit that the delays in appointing the Ombudsperson were the result
of political conflicts between political groups within the Assembly. 367 Perceptions of an increasing
360 Interview with Mr. Hilmi Jashari; Interview with Mr. Veton Vula
361 Interview with Ms. Raba Gjoshi, Youth Initiative for Human Rights, dated 26 May 2010; Interview with Mr. Hilmi Jashari;
Interview with Mr. Veton Vula.
362 Interview with Mr. Ibrahim Makolli
363 Interview with Ms. Raba Gjoshi
364 Law on Public Financial Management and Accountability, Article 65.1
365 OSCE Kosovo Press Release dated 4 June 2009.
366 Interview with Ms. Raba Gjoshi; Interview with Mr. Driton Selmanaj
367 Interview with Mr. Ibrahim Makolli
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