A/HRC/37/55/Add.1
46.
According to article 19 of the 2008 Constitution, international agreements, once
ratified, become part of the internal legal system and have superiority over the laws of
Kosovo. Article 22 stipulates that human rights and fundamental freedoms guaranteed by a
number of international agreements are constitutionally guaranteed and directly applicable
in Kosovo and, in the case of conflict, have priority over laws and other acts of public
institutions. However, this constitutional list does not include the International Covenant on
Economic, Social and Cultural Rights, despite the fact that it was ratified by Yugoslavia on
2 June 1971.
47.
While the Covenant is still part of the applicable law in Kosovo pursuant to UNMIK
regulation No. 1999/24,10 the Special Rapporteur encourages the Kosovo authorities to
clarify the matter and recommends a clear commitment to implement the rights and
obligations contained in the International Covenant on Economic, Social and Cultural
Rights.
48.
Considerable progress has been made in Kosovo with regard to building the rule of
law and institutions, and a number of laws and mechanisms for the protection of human
rights are in place. Nonetheless, implementation shortcomings are common. In 2015, a
package of basic laws on human rights was adopted. It includes the law on the
ombudsperson and the laws on gender equality and on protection from discrimination.
Kosovo also has a comprehensive legal framework for the protection of national minorities.
49.
There is a complex legal and institutional framework for the protection of cultural
heritage in Kosovo, including the 2008 Cultural Heritage Law, which is modelled on the
provisions of the Ahtisaari Plan and for which the Special Rapporteur heard praise. The
Kosovo Council for Cultural Heritage, an advisory body to the Assembly of Kosovo, is
mandated to oversee and coordinate implementation of the legal system and support the
protection, conservation and management of cultural heritage.
50.
The overall lack of implementation of this framework remains a concern, as does the
poor coordination among these institutions and the fact that some appear to be non-existent
or inactive. Concerns were raised with the Special Rapporteur that national policy or even
court decisions were not being fully implemented at the municipal level. The key is
political will, which must be clearly expressed and actively employed.
B.
General context
51.
Kosovo is a culturally diverse society still recovering from the effects of conflict,
with a committed civil society and growing cultural institutions. The majority of the people
in Kosovo today are Albanians, with a minority population which includes Serbs, Bosniaks,
Gorani, Roma, Ashkali and Egyptians, and Turks. Islam is the majority religion with
Serbian Orthodox, Roman Catholic and non-religious minorities, as well as some Muslim
minority groups, including Shia. Much has been achieved in the field of cultural rights, but
there are also many outstanding problems.
C.
Specific issues of concern
1.
Funding
52.
The Special Rapporteur heard repeated concerns that culture is not prioritized in the
budget. There are many excellent ideas and initiatives in Kosovo civil society that could be
carried out, but the lack of funds remains the main obstacle for many of them. This means
that more adequate allocations by national and municipal authorities are necessary, as well
as greater international funding for culture in Kosovo.
10
See A/HRC/31/54/Add.2.
9