Kosovo Human Development Report 2010 - UNDP Kosovo - United ...

the highest international standards. It
is clear, transparent, accessible to the
wider public and available online. Freedom
of expression, the right of access
to public documents, freedom of the
media, freedom of gathering, freedom
of association are all guaranteed constitutionally
to every person equally.
The Constitution guarantees equal
rights for all citizens to participate, to
run for or hold public office, or to serve
in government posts. There are no
constitutional provisions that are likely
to disenfranchise or otherwise disadvantage
any voters. It is determined
that “state institutions support the possibility
of every person to participate in
public activities and everyone’s right
to democratically influence decisions
of public bodies.” 157 It specifies that the
exercise of public authorities in Kosovo
shall be based upon the principles of
equality of all individuals before the
law and with full respect for internationally
recognized fundamental human
rights and freedoms, as well as
protecting the rights of and encouraging
the participation of all communities
and their members. 158 It is further
stated that no one shall be discriminated
against on grounds of race, colour,
gender, language, religion, political or
other opinion, national or social origin,
relation to any community, property,
economic and social condition, sexual
orientation, birth, disability or other
personal status. Gender equality is ensured
“as a fundamental value for the
democratic development of the society,
providing equal opportunities for
both female and male participation in
the political, economic, social, cultural
and other areas of societal life“. 159
In addition to the Constitution, a
number of other laws promote the
inclusion of all citizens in political processes
– for example, the right to access
public documentation regarding
78 | KOSOVO HUMAN DEVELOPMENT REPORT 2010
We, the people of Kosovo, determined
to build a future of Kosovo as a free,
democratic and peace-loving country
that will be a homeland to all of its
citizens; Committed to the creation of a
state of free citizens that will guarantee
the rights of every citizen, civil freedoms
and equality of all citizens before the law.
The Kosovo Constitution
Kosovo’s institutions. According to the
Law on Access to Official Documents, 160
“any habitual resident of Kosovo or any
person who meets eligibility requirements
for registration as a habitual resident
of Kosovo, or any natural or legal
person residing or having registered its
office in Kosovo, has a right of access
to documents of the institutions, subject
to the principles, conditions and
limits defined with Law”.
Equal political participation is also
stipulated by Kosovo’s Laws on Gender
Equality161 and Anti-Discrimination.
162 These laws apply to all “natural
and legal persons as regards both the
public and private sectors, including
public bodies, in relation to any action
or inaction which violates the right or
rights of any natural or legal person or
persons to participation in public affairs,
including the right to vote and be
voted for”. Other laws ensuring political
participation on equal terms, without
distinction of any kind are the Law
on Local Self Government, 163 Law on
The Protection and Promotion of the
Rights of Communities and Their Members164
, Law on Local Elections165 , Law
on General Elections, 166 Law on Public
Gatherings, 167 Law on Freedom of Association
in Non-Governmental Organizations,
168 and the Law on Empowerment
and Participation of Youth. 169
Despite such a well-developed legal
framework guaranteeing and promoting
equal political opportunities