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24.11.2016

THE OMBUDSPERSON PUBLISHED THE REPORT CONCERNING THE FAILURE TO RESPECT LEGAL PROCEDURES DURING PERSONNEL RECRUITMENT PROCESS ACCORDING TO COMPETITIONS ADVERTISED BY MUNICIPAL EDUCATION DEPARTMENTS IN THE REPUBLIC OF KOSOVO

The Ombudsperson’s Ex-office Report has been delivered to Mayors of municipalities of Prishtina, Gjilan, Viti, Ferizaj, Lipjan, Klinë, Rahovec, Novobërdë and Obiliq, regarding the failure to respect legal procedures during personnel recruitment processes, according to competitions advertised by Municipal Education Departments in the Republic of Kosovo.

The purpose of this Report is to promote equality as well as to draw attention of Municipal Education Departments (MED) in the Republic of Kosovo, regarding the need to undertake relevant actions for law implementation and respect of legal recruitment procedures.

The Ombudsperson has analyzed documents and vacancy announcements advertised by MED in 19 municipalities of Republic of Kosovo and has noticed that while drafting these positions, in the past as well as now, criteria set were and still are, in contradiction with the law, and due to this making impossible equal treatment.

Based on analyzed vacancy announcements, the Ombudsperson observed that MEDs of above mentioned municipalities, did not undertake any action in order that competitions advertised be in compliance with the applicable laws in Kosovo and be cautious that they comply with the liability determined by the Law on Local Self- Government, which in Article 4, paragraph 2, expressly determines that: “All municipal organs shall ensure that the citizens of the municipality enjoy all rights and freedoms […], that they have fair and equal opportunities in municipality service at all levels.”

Ombudsperson observes that according to the court decisions of European Court of Human Rights (ECtHR), “the right not to be discriminated is violated when States treat persons in similar situations unequally, without giving any objective and reasonable justification”.

Based on all evidences presented and facts gathered, in compliance with the relevant legislation, the Ombudsperson pointed out on violations occurred on advertised vacancy announcements and found that there was violation of Human Rights and Fundamental Freedoms, since responsible officers of MEDs in the Municipality of Prishtina, Gjilan, Viti, Ferizaj, Lipjan, Klina, Rahovec, Novobërda and Obiliq have acted opposite with the legislation at effect.

As a conclusion, the Ombudsperson considers as indispensable that these practices are not repeated in the future, in order that all actions of municipal bodies are in compliance with legal provisions and at the function of the protection of human rights and freedoms.

Starting from the principle of implementation of legality and in order to improve and increase efficiency of authorities, the Ombudsperson, has delivered relevant recommendations to the respective municipalities:

Municipality of Prishtina to undertake all necessary measures to ensure the right guaranteed by Constitution to candidates that each person is free to choose his/her occupation

Municipalities of Gjilan and Viti, to undertake all measures to stop such cases of unequal treatment and ensure that all candidates enjoy equal rights and opportunities for employment in the education institutions, irrespective of the place where they live or where they were born .

Municipalities of Prishtina, Viti, Ferizaj and Rahovec to ensure that commissions for teachers’ selection are established in accordance with law.

Municipalities of Ferizaj, Lipjan and Klina, to guarantee the right of every candidate to apply in all work positions without further limitations.

Municipalities of Viti, Novobërda and Obiliq, to undertake all measures that drafting of competitions in the future is done based on legal acts which are at force.

Full Report with Recommendations is available for the public on OI official web page and has been distributed to media as well.
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