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

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