Pristina, August 26, 2021 – The FOL Movement held a press conference today, in which case it published the report “(Non) implementation of the Law on Declaration of Assets by the Government of Haradinaj, Kurti 1 and Hoti”.

Mexhide Demolli Nimani, executive director of the FOL Movement, said that this report, in addition to an analysis of the current law that is in force and the draft law that is being drafted by the current government, has also monitored the publication of asset declaration forms by the Anti-Corruption Agency and offers the data for each of the ministers and deputy ministers of the three previous governments such as the Haradinaj Government, the Kurti 1 Government and the Hoti Government regarding compliance with the legal deadlines for the declaration of assets on the occasion of appointment, the regular annual declaration and the declaration on the occasion of dismissal or the end of the mandate.

Meanwhile, Albana Hasani, researcher at the FOL Movement, said that from the main findings of the report regarding the observance of legal deadlines by the ministers and deputy ministers of the three governments, it appears that:

-Out of the 131 ministers/deputy ministers of the Haradinaj Government, only 62 of them had respected the legal deadlines for declaration of wealth when appointed to these positions (that is, within one month of being appointed to office), as well as the regular annual declaration, but none of he did not declare his assets upon handing over his official duties.

– Of the 45 ministers/deputy ministers of the Kurti 1 Government, only 20 of them have respected the legal deadline for declaring assets when appointed to these positions. However, only 15 of them have made the declaration of assets when they take office or when they are dismissed from office.

– Meanwhile, out of the 77 ministers/deputy ministers of the Hoti Government, only 32 of them have respected the legal deadline for declaring assets when appointed to these positions, declaring assets within the period provided by law. Meanwhile, none of the officials of this government have declared their assets when they take office or when they are dismissed.

These data, therefore, are based on the forms published on the official website of AKK. Also, it should be noted that, despite the fact that these officials did not declare their assets upon appointment, dismissal or dismissal, these officials do not appear “on the list of persons who have not declared their assets”, published on the web the website of the AKC. Details for each official from these three Governments can be found in the report by clicking here.

Based on these findings and the analysis of the current legal framework and the draft law that is being worked on by the Government of Kosovo, FOL gives the following recommendations:

• To increase the vigilance of public officials regarding the observance of the legal deadlines for the declaration of assets upon appointment, the regular annual declaration and the declaration upon the end of the mandate or dismissal;
• To remove the category of doctors, professors and university assistants from the list of declarative subjects of the declaration of wealth, which is foreseen to be made in the new Law on the Declaration of Wealth. This is because the inclusion of these categories would endanger the impossibility of implementing the law in practice, due to the lack of capacities and human resources of AKK, as well as it would affect their discouragement in performing their functions. The law should focus on senior public officials and some other categories that are potentially more exposed to corruption;
• Remove the possibility of accepting random gifts from public officials;
• To increase the cooperation of the competent agency with the police, the prosecution, the tax administration, the Financial Intelligence Unit and other relevant institutions regarding the exchange of data and information regarding the declaration of assets;

Pristina, August 24, 2021 – We, the organizations below, react to the lack of transparency in the case of the proposal of candidates for Constitutional Court Judges by the special Committee of the Assembly.

The special committee of the Assembly for the examination of candidates for appointment to the Constitutional Court, chaired by MP Adnan Rrustemi, has secretly developed the process for the selection of candidates for judges in the Constitutional Court.

Although in the initial steps of this process on July 22, 2021 (at the stage of preparing the test questions) members of the civil society had participated in the monitoring of the process, in the later stages (of testing and selection) the civil society was not informed about the meetings at all of the Commission, although some civil society organizations had submitted requests and expressions of interest to the officials of the Assembly and the chairman of the Commission. At the same time, the chairman of the Commission Mr. Rrustemi had informed those present at the initial meeting that they will be informed about the next meetings in time.

Such information never happened (despite all the requests made), while this Commission, eight days later, published on the website the news that it proceeded to the Assembly for the appointment of the short list of six candidates, where only two will eventually be appointed from the Assembly in the next sessions. This process took place without the participation of civil society — although the meetings of the Commission should be open and transparent in accordance with the Rules of Procedure of the Assembly.

We as Civil Society Organizations in Kosovo see with concern the fact that this Commission ignores the involvement of civil society in such an important process as the selection of judges of the Constitutional Court. The Commission has neither sent invitations to participate in the Commission’s meetings, nor has it responded to expressions of interest in participation sent to its address. This did not happen in the preliminary process for examining candidates for Constitutional Court judges, where civil society had actively participated. Changing this practice is incomprehensible and has no legal basis. Moreover, this action of the Commission fundamentally affects the integrity of the process of selection of judges of the Constitutional Court, whose eventual selection would be described as non-transparent.

This is not the first time that the Commissions of the current legislature ignore the important participation of civil society in monitoring processes of public interest. In the organizations below, we see such trends as very disturbing and call for such to be considered by the entire political and social spectrum in Kosovo. Above all, the current legislature must be clear about the role and importance of civil society, creating the necessary conditions for the exercise of its mission.

Signatory organizations:

Kosovo Institute for Law (IKD)

The FOL movement

Group for Political and Legal Studies (GLPS)

Democratic Institute of Kosovo (KDI)

Kosovo Foundation for Civil Society (KCSF)

Mitrovica, August 24, 2021- The FOL movement, within the framework of visits with students of the Faculty of Law, has organized the last visit to the Basic Prosecutor’s Office of Mitrovica.

The students had the opportunity, through these visits, to become closely acquainted with the work of the Chief Prosecutors and prosecutors of Mitrovica, Peja, Pristina, Gjakova, Prizren, Gjilan and Ferizaj.

Pristina, August 13, 2021- FOL has completed the cycle of lectures on legal provisions and the fight against corruption.

In the 10th lecture of this series, Isuf Zejna appeared, who lectured about corruption in public procurement.

Pristina, 12 August 2021 – It has been held the 9^th lecture on the cycle of lectures about the law provisions and the war against corruption. Muhamet Hajrullahu, from Telegraph lectured on corruption reporting and medias while explaining the difficulty of journalists and their reporting.

Pristina August 3, 2021 – FOL Movement on Tuesday has waited on visit the ambassador of the Dutch Kingdom, Mrs. Carin Lobbezo and the representative of the embassy, Mrs. znj. Venera Ramaj, senior official for the rule of law. During this meeting it was discussed about the transparency and the accountable of Kosovo Institutions, monitoring the government’s annual work plan, reforms on the public administrations, the rule of law in the Republic of Kosovo, Vetting process, corporation between institutions and civil society organizations in Kosovo.

Prishtina, 27 July 2021 – The ad-hoc committee of the Assembly of Kosovo for the selection of the member of the Media Complaints Board has requested a meeting yesterday from the civil society representatives, who are following the process of selecting a member of the Board, to sign the Confidentiality Agreement (see appendix 1)

We, the civil society organizations and the activists written below, strongly oppose the initiative of the deputies through which it is attempted to silence the civil societies and the activists. The restrictions set forth in this Confidentiality Agreement are illegal, severely infringe on the public’s right to information, and impede the work of civil society.

The Confidentiality Agreement stipulates, inter alia, that civil society representatives may not openly discuss or publish materials related to candidates as well as the progress of the process during the process (and contains significant restrictions that would apply once the process is completed).

Although we believe that we need to maintain the integration of the process, the Confidentiality Agreement is illegal. Law no. 04 / L-44 on the Independent Media Commission stipulates that “[a] members of the Appeals Board shall be appointed by the Assembly of Kosovo on the basis of open and transparent procedures” (Article 38 (1)). This provision prevents the ad hoc Commission’s harmful tendencies for member selection procedures to be closed through confidentiality agreements. The conditionality of the participation of civil society representatives in the selection process with the signing of this agreement violates the legal requirement that the procedure be open and transparent, preventing civil society representatives from expressing themselves freely regarding eventual findings.

Furthermore, the mission of civil society organizations and activists is to monitor the work of public authorities, to inform the public about monitoring findings, and hold politicians and people in power accountable for their actions. By forcing organizations and activists to sign such illegal agreements, the Assembly will disable the work of organizations and deprive the public of the right to be informed.

As such, this requirement prevents civil society organizations from performing one of the basic functions of their mission, which is to monitor the work of public institutions and to keep the public informed.

The Assembly of Kosovo is in the process of selecting a member of the Media Complaints Board of the Independent Media Commission (IMC). The selection will be made by the Ad-Hoc commission of the Assembly of Kosovo for the selection of the member of the Media Complaints Board composed of: Mërgim Lushtaku and Floretë Zejnullahu (Democratic Party of Kosovo) and the members Valon Ramadani, Doarsa Kica Xhelili, Njazi Isaku, Fitim Haziri and Besim Muzaqi (Lëvizja Vetëvendosje), Agim Veliu (Democratic League of Kosovo), Time Kadriaj (Alliance for the Future of Kosovo), Igor Simic (Serbian List) and Samra Iljazi (Group Multiethnic). The illegal agreement was proposed and sent for signature by email to several organizations after the first meeting of the ad-hoc commission held on July 26, 2021. The agreement was proposed by the chairman of ad-hoc commission Mërgim Lushtaku and was not opposed by any of the other members of the Ad-Hoc Committee present.

We request that the above-mentioned deputies of the ad hoc Committee of the Assembly of Kosovo for the selection of a member of the Media Complaints Board withdraw from this initiative and allow civil society organizations and activists to monitor freely.

Signatory organizations and activists:

1. AMPEK
2. Ardita Metaj Dika
3. Center for Education and Training Prizren
4. D+
5. Flutura Kusari
6. Kosovar Foundation for Civil Society
7. GERMIN
8. GLPS
9. GAP
10. KDI
11. QPA
12. PIPS
13. Instituti EPIK
14. Instituti I Kosoves per Drejtesi
15. Klubi Albin Prishtina
16. Lëvizja FOL
17.  OJQ “VISION 02”
18. Rrjeti i OJQ-ve, Demokracia Fillon Këtu (DFK)
19. YIHR KS

Republika e Kosovës – Republika Kosovo-Republic of Kosovo

Kuvendi – Skupština – Assembly

Ad-Hoc commission for the selection of members of the Media Complaints Board

Confidentiality Agreement

This Confidentiality Agreement is an audible document that sets out the commitment of each individual to behave with integrity in their involvement in the appointment process.

Confidentiality Agreement

As an independent observer, a representative of civil society, I vow to:

Maintain the confidentiality of the candidate by:

• Do not discuss the applicant or candidate’s performance with anyone outside the Commission or the designated team.
• Do not share (other than those directly involved in the selection process) information received about candidates during any part of the nomination process.

Maintain the confidentiality and integrity of the candidate by:

• Do not share (forward) any evaluation material received as part of the appointment process.
• Discuss any views or concerns regarding the appointment process with the Chair of the Committee in the first place.
• Do not publish any report until the appointment process is fully concluded (excluding official reports required as part of the appointment process itself) unless expressly authorized to do so, by the Chair of the Committee.
• Do not provide comments or interviews to the press or media until the process is complete and the results are officially published, unless expressly authorized to do so by the Chair of the Commission – if he or she does so after the process is complete, then do so. without mentioning names or talking about the performance of individual applicants/candidates, and informing the Chair of the Commission who has contacted the press.
• Disclosure of any conflicts of interest that are relevant to the appointment process.
• Disclose any conflict of interest with any applicant or candidate within the appointment process.

Raised with the Chair of the Committee, any concerns about the integrity in the conduct and performance of others during the conduct of the appointment process.

Emphasize to the Chair of the Commission, any other issues or concerns which may jeopardize the integrity of the appointment process.

Name:…………………Process: Board Members for Media Complaint

Signature:………….. Date:26.07.2021

Prishtina, 23 July 2021 – Lëvizja FOL, Debate Center, and Internews Kosovo in the frame of “Justice Sector in Kosovo – responsible, reliable and transparent” continued their visits in the Basic Prosecutions of Kosovo, in which, in addition to the visit of the institution, a meeting will be held with the Chief Prosecutors of these prosecutions.

The purpose of these meetings is to familiarize students with the function, efficiency, and competencies of these institutions.

In the frame of these visits Lëvizja FOL has held meetings with two Basic Prosecution Offices in the country, that of Gjilan 22 July 2021 and Ferizaj 23 July 2021.

While these visits the students had the opportunity to talk with the Chief Prosecutor Mr. Arben Kadriu from the Basic Prosecution of Gjilan and Mr. Shukri Jashari the Basic Prosecution of Ferizaj.

FOL will hold such meetings in the Prosecutions of Prizren, Peja, Gjakova, and Mitrovica.

To participate in the next visits please fill in the link below;

https://docs.google.com/…/14UAAE0GJfzcRHOZIBgLYbdl…/edit

Prishtina, 09 July 2021 – FOL has held the information session for Telegrafi.com journalists for the Open and Transparent Procurement Portal, as a platform for open procurement contracts. In this session, the journalists were informed about the data provided by the portal regarding public contracts, as well as about the new modules that are already part of this portal, mapping, and networking. Also, from Democracy Plus was introduced the Red Flag in procurement website, which is included in the Open and Transparent Procurement Portal. Red flags aim to prevent mismanagement and corruption in public procurement.

Prishtina, 08 July 2021 – Lëvizja FOL held the 5^th lecture in the series of lectures on legal provisions and the fight against corruption, where present was Skender S. Perteshi from the Kosovo Center for Security Studies as guests. Throughout this lecture Mr. Perteshi lectured on the dangers of security in the country from corruption, shortcomings in the justice system in terms of security, and Kosovo’s path towards membership in regional and international security organizations.

Prishtina, 4th July 2021 – Lëvizja FOL, Debate Center, and Internews Kosovo, in the frame of “Justice Sector in Kosovo – responsible, reliable and transparent” have held “Creative Writing and Public Political Analysis” training. During the training, the participants were given the opportunity to understand more easily the technical and institutional processes related to the process of proposing and implementing public policies. Ardi Shatri, except for practical group work; lecture about; (1) analysis about the current situation, (2) problem identification, (3) SWOT and CBA analysis, (4) economic policy analysis techniques, (5) counter-factual situation, and (6) assessment.

The participants will be engaged in creating various public policy analyzes, which we will share with you very soon.

This training was conducted by Lëvizja FOL, Debate Center and Internews Kosovo in the frame of “Justice Sector in Kosovo – responsible, reliable and transparent”.

Prishtina, 29 June 2021 – Lëvizja FOL held the 4^th  of a series of lectures on legal provisions and investigative procedures in the field of corruption, where Mr. Gzim Shala lectured on “Management of conflict of interest as the fight against corruption.”

Pristina, 29 June 2021 – Managing conflict of interest as a fight against corruption

FOL Movement held the 4^th  of a series of lectures on legal provisions and investigative procedures in the field of corruption, where Mr. Gzim Shala lectured on “Management of conflict of interest as the fight against corruption.”

Prishtina, 17 June 2021 – The FOL movement within the series of lectures on legal provisions and investigative procedures in the field of corruption, has held the third lecture where the speaker was Mr. Florent Spahija, legal advisor at the Democratic Institute of Kosovo (KDI).

The topic of discussion was signaling, namely the protection of whistleblowers in the fight against corruption.

Meanwhile, for the other two candidates, Krenare Sogojeva Dermaku and Edon Miftari we are waiting to receive the full file from the Assembly of Kosovo.

Prishtina, 17 JUNE 2021 – In the parliamentary session held on June 17, 2021, Krenare Sogojeva Dërmaku was elected Commissioner for Information and Privacy. Mrs. Sogojeva Dërmaku was twice recommended by experts hired by the British embassy for recruitment to senior positions but did not get enough votes.

We express our deep disappointment with the boycott of this process by the opposition. Deputies have a constitutional obligation to stay in the hall and vote. They have failed to meet their obligations.

We invite Mrs.Sogojeva Dermaku to start the very much needed reform of the Agency for Information and Privacy, to select the staff of the agency -especially inspectors- on the basis of merit, to perform the work responsibly and professionally in handling cases related to access to public documents and protect the personal data of the citizens of Kosovo. We invite Mrs. Sogojeva Dermaku to make staff recruitment transparent by allowing civil society to closely monitor these processes. We expect agency decisions to be professionally written, based on European standards, well reasoned and easily accessible on the website.

Regarding the suspicions raised about the documents submitted by Mr. Bujari, the acting head of the parliamentary group, Mrs. Mimoza Kusari Lila, called for the involvement of the prosecution. In order to remove the doubts raised during this process, we suggest the interviewing panel to follow the advice of Ms. Kusari Lila by addressing the prosecution.

We will continue to closely monitor the work of the Information and Privacy Agency.

FOL

Flutura Kusari

GLPS

KDI

KCSF

Çohu

D4D

GAP

Pristina,  16 JUNE 2021 – We the organizations and activists written below, after gathering additional evidence about the candidate Enver Bujari, we ask Levizja Vetëvendosje  and the ruling parties not to proceed with this process.

After the suspicions that Mr. Bujar has changed the data on work experience and education, through the right of access to public documents, we have provided the complete file of his application.

According to the documents provided, it results that Mr. Bujar did not provide the document that proves the work experience, as required by competition and law, but only the report of the Pension Trust. This document is important because for this position the candidates are required to have: at least, eight (8 years of professional work experience, of which, at least, five (5) years of experience in leadership positions, and only with the report of the Pension Trust such a thing can not be proven.

In the absence of this evidence, the deputies of the interview panel – composed of Lëvizja Vetëvendosje and other ruling parties – should not have invited Mr. Bujar at all for an interview. The responsibility for checking the file lies with the deputies of the interview panel. For this failure, we hold responsible the following MPs: Fatmir Humolli, Shqipe Mehmeti Selimi, Mefail Bajqinovci, Enver Dugolli and Arbër Rexhaj from Lëvizja Vetëvendosje, Erxhan Galushi and the Progressive Movement of Roma of Kosovo and Slavko Simić from the Serbian List.

Knowing that Mr.Bujari did not submit the full application, his application should not be consired at all.

The Law on Personal Data Protection requires that three candidates be nominated for the plenary session. The invalidity of Mr. Bujar’s application leaves only two candidates in the race, contrary to the law in question.

Recall that this process was accompanied by the most irregularities, starting from the composition of the panel contrary to parliamentary practice, non-transparency in the evaluation of candidates and high evaluation of candidates who did not perform well in the interview.

The Information and Privacy Commissioner will be the most important person in Kosovo in protecting personal data and guaranteeing access to public documents. He must be professional, without political coloration and with high integrity. We hope that Levizja Vetëvendosje will reflect and will not endanger such an important institution.

Meanwhile, for the other two candidates, Krenare Sogojeva Dermaku and Edon Miftari we are waiting to receive the full file from the Assembly of Kosovo.

FOL

Flutura Kusari

GLPS

KDI

KCSF

Pristina, 09 June 2021 – The FOL movement has started with the series of “FOL hapur” discussions with the leaders of the opposition parties in the country.

Today to the “FOL hapur” Forum was invited Enver Hoxhaj, chairman of the Democratic Party of Kosovo.

During this forum the topics were discussed:

– PDK Opposition to the Kurti Government 2 (with special emphasis on Foreign Policy, the Covid-19 Pandemic Situation and the Rule of Law)

– PDK position on the Kosovo-Serbia dialogue

– Local Elections 2021 and PDK reform at the local level