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19.5.2017

OMBUDSPERSON’S STATEMENT CONCERNING EQUAL GENDER REPRESENTATION IN CANDIDATES’ LIST BY POLITICAL ENTITIES

In accomplishing the mission entrusted as an equality institution, the Ombudsperson evaluates elections as crucial process of citizens’ free will through the vote as well as deems of a great importance to call upon political parties that candidates’ lists submitted to Central Election Commission (CEC) provide equal opportunities for men and women, and by doing this, to abide with the Law no. 05/L-020 on Gender Equality.

The Ombudsperson reminds political parties that Article 14 of this Law explicitly states: “Political parties with their acts are obliged to implement measures to promote equal participation of men and women at authorities and bodies of the parties in accordance with provisions of Article 6 of this Law”, Article which among others specifies that “Legislative, executive, judicial bodies at all levels and other public institutions shall be obliged to adopt and implement special measures to increase representation of underrepresented gender, until equal representation of women and men according to this Law is achieved .” (Article 6, paragraph 7).

Furthermore, the Law No. 05/L-020 on Gender Equality, stipulates plainly that “Equal gender representation in all legislative, executive and judiciary bodies and other public institutions is achieved when ensured a minimum representation of fifty percent (50%) for each gender, including their governing and decision-making bodies. ( Article 6, paragraph 8).

In order to get rid of possible legal uncertainties and to ensure equality between men and women as well as applicability of this human rights standard, the Law no. 05/L-020 on Gender Equality, which has entered at effect on summer 2015, specifically determines that “Any provision which is in contradiction to the principle of equal treatment under this Law shall be repealed.” (Article 5, paragraph 2.)

The Ombudsperson considers as mandatory deed provision of equal opportunities and without discrimination on any bases, on candidates’ lists as well as on election process in general. On the other hand, the Ombudsperson awaits from political entities participating in this election process, the same as from CEC, to respect the principle of equality where representation of 50% for each gender is guaranteed, by ensuring in this way compliance with Law no. 05/L-020 on Gender Equality and compatibility with the spirit that the Constitution of Republic of Kosovo spreads.
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