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15.4.2015

OMBUDSPERSON’S STATEMENT ISSUED FROM THE PRESS CONFERENCE REGARDING GOVERNMENT’S UNLAWFUL DECISION WHICH VIOLATES THE RIGHTS OF FAMILY MEMBERS OF CIVIL VICTIMS OF WAR.

Individual complaints have been lodged with Ombudsperson during 2013 and 2014 as well as in the beginning of 2015 from persons who claim that are family members of civil victims of war. Complaints were concerning rejection to acknowledge the right to the status of family members of civil victims of war from the Department of Family Martyrs, War Invalids and Civil Victims (DFMWICW) of the Ministry of Labour and Social Welfare


Regarding this issue, the Ombudsperson has initiated investigations and during them he encountered on MLSW document, No. 171, dated 09 June 2011 and signed by the former Minister Mr. Nenad Rašić as well as the secretary of the above given Ministry Mr. Eshref Shabani. This document has never been published, opposite to the fact that it has served as a base for rejection of inquiries for recognition of the status and accomplishment of the rights of categories determined with the Law on War Values.


Through this document, former Minister Mr. Nenad Rašić, has recommended, without any legal base that DFMWICW to finalize the number of applicants for pensions and beneficiaries until 31st of May 2011, as well as to reject every inquiry for recognition of any right.


Actually, through this document, former Minister Rašić has banned implementation of the Law on War Values, initially for all categories derived from the War, while prohibition is actually at force solely for family members of civil victims, based on another Decision (Decision No. 10) of 21st of January 2013, issued again from former Minister Rašić.


A Report has been issued by the Ombudsperson on 14 July 2014 through which he has identified violations and recommended that:



  1. The MLSW Minister to undertake immediate steps for abrogation and annulment of decision No. 171, dated 9 June 2011.

  2. New decision to be issued from the MLSW Minister through which the damage caused by judicial consequences of the Decision No. 171, of 9 June 2011 to be restored, in a way that recognition of the status and accomplishment of rights to be applied from 31st of May 2011.

  3. The Recommendation to be forwarded to all Units within the Government of Republic of Kosovo and MLSW, for implementation of laws at force and ability to accomplish the rights guaranteed with the Constitution and Laws to all citizens as well as the possibility of using effective legal remedies, without any disparity.



These Ombudsperson’s Recommendations have been disregarded from former Minister Rašić.


Ombudsperson has forwarded the above mentioned Recommendations to the new MLSW Minister Mr. Arban Abrashi on 16 January 2015, but his reactions were the same as of the former Minister, by ignoring Ombudsperson’s Recommendations.


On 23 February 2015 the Ombudsperson issued a press release regarding violations conducted from the MLSW on the rights of the families’ civil victims of war and on this occasion a Report with Recommendation as well as the Decision No. 171 of 9th of June 2011 was published on the OI webpage.


Ombudsperson has notified the Government of Republic of Kosovo (previous as well as current) and the Assembly presidiums, in former and current legislature.


Ombudsperson considers that the overall irresponsibility and rejection to cooperate with Ombudsperson by the MLSW, actually by former Minister Mr. Nenad Rašić and actual Minister Mr. Arban Abrashi, comprise constitutional and legal violation and attests institutional irresponsibility.

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