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04.11.2016

THE OMBUDSPERSON IS PARTICIPATING IN THE REGIONAL CONFERENCE REGARDING ACCESS ON THE RIGHT TO ASYLUM AND RETURN, IN MACEDONIA

The Ombudsperson of the Republic of Kosovo, Mr. Hilmi Jashari, is participating in a Regional Conference, which is taking place in Oher, Macedonia, within the scope of joint Project between UNHCHR, Office in Shkopje and Macedonian Ombudsman.

The theme of this conference is “Access on the Right to Asylum and formal and non- formal return of migrants/refugees”. On two days’ agenda, insofar as the Conference is going to last, discussions regarding the situation related to the access on the right to asylum are incorporated, from the viewpoint of national human rights institutions as well as observations and experiences of different respective institutions and civil society regarding this issue will be discussed.

As this Conference panelist, the Ombudsperson, Mr. Hilmi Jashari in his speech stated that migration is a phenomenon that affects a whole country or a whole continent, and as a global development it cannot be influenced by political actions. Ombudsmen can rely on current international standards as well as national laws but less on ethics and moral integrity of the public authorities- he continued, emphasizing that the Republic of Kosovo has not been affected by the influx of refugees, despite the huge number of refugees in the neighbouring countries.

During his speech the Ombudsperson explained that Republic of Kosovo is not signatory of the most important international conventions of human rights and fundamental freedoms, but most important international agreements and instruments are directly applicable in the Republic of Kosovo, which in the case of conflict, prevail over provisions of laws and other acts of public institutions.
In his speech he also mentioned legal normative and the procedure concerning asylum issue in Kosovo, as well as provided information related to Centre of Asylum Seeker, established in Kosovo in February 2012.

Furthermore, the Ombudsperson put the emphases on the fact that laws in the Republic of Kosovo pay special attention on treatment and care of persons with special needs, particularly children, unaccompanied minors, the elderly, disabled people, pregnant women, single parents with underage children, and persons who have been victims of torture, rape or another serious form of psychological, physical and sexual violence. According to the law at effect, special needs are defined on the basis of an individual assessment for each asylum seeker, refugee or person under subsidiary protection or persons under temporary protection.

The Ombudsperson, Mr. Jashari in his conclusion appointed to the necessity of having a unified approach of the Ombudsmen in the global plan with respect to the protection and monitoring of the rights of migrants. In this regard, he pointed out the need to alter and/or amend the international standards with regards to the rights of migrants and refugees, respectively the Convention related to the Status of Refugees of 1951, since the same does not sufficiently treat some of the most important principles, such as, the principle for the protection of dignity and the principle of non –refoulment.

After accomplishing its sessions on 3 and 4 November 2016, this International Conference ends its work today.
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