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Constitution of Kosovo, Chapter III

The Constitution of Kosovo protects and promotes the rights and interests of communities and their members living in Kosovo. It states that “Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions”, and guarantees full and effective equality for all its citizens. The Constitution defines that “the official languages in Kosovo are Albanian and Serbian. Turkish, Bosnian and Roma languages can have the status of official languages at the municipal level or will be in official use at all levels as provided by law”.

Reflecting the importance of community rights in Kosovo, Kosovo’s Constitution has one full chapter dedicated to the Rights of Communities and their Members. This chapter states that every member of a community can “freely choose to be treated or not to be treated as such”.

It also ensures equitable representation in public institutions, requires the representation of communities through several specific posts at the municipal level, enshrines the right of communities to “freely express, foster and develop their identity and community attributes” and establishes obligations of the state to ensure “full and effective equality among members of communities”. Finally, Chapter III also foresees the establishment of a Consultative Council for Communities, consisting of, amongst others, representatives of communities, with the mandate to afford communities the opportunity to comment at an early stage on legislative or policy initiatives, and to seek to have their views incorporated in relevant projects and programs.

The Constitution also protects the rights of communities in the legislative process. Out of an Assembly of 120 seats, it guarantees 20 seats for parties representing minority communities, with a specific number of seats assigned to the different communities. Additionally, the Constitution requires the creation of the Assembly Committee on Rights and Interests of Communities and ensures that legislation covering certain issues will be considered legislation of vital interest, which requires a double majority for its adoption, amendment or repeal, both a majority of the entire Assembly and a majority of the deputies holding seats guaranteed for communities. Finally, any amendment of the Constitution itself requires a double two-thirds majority, of both the entire Assembly and the deputies holding seats guaranteed for communities.

International human-rights instruments that apply under Article 22

Law No. 03/L-047 on the Protection and Promotion of the Rights of Communities and Their Members in Kosovo (consolidated)

The purpose of the Law on the Protection and Promotion of the Rights of Communities and their Members in Kosovo and its amendments, Laws No. 04/L-020 and 04/L-115, is to enable communities to cultivate, develop and express their identity, to protect their fundamental and human rights and to ensure their full and effective equality through special measures implemented by the Kosovo government. It provides a general definition of communities as:

“National, ethnic, cultural, linguistic or religious groups traditionally present in the Republic of Kosovo that are not in the majority. These groups are Serb, Turkish, Bosnian, Roma, Ashkali, Egyptian, Gorani, Montenegrin, Croatian and other communities. Members of the community in the majority in the Republic of Kosovo as a whole who are not in the majority in a given municipality shall also be entitled to enjoy the rights listed in this law.”

Together with the Law on the Use of Languages, this is the most important law with regard to community rights. It has provisions on identity, language, culture, media, religion, education, economic and social opportunities, health, political participation and the Consultative Council for Communities. The Law protects communities and their members’ right to freely express, maintain and develop their culture and identity. It also guarantees the equality of communities and protects them from discrimination.

The Law also sets out basic provisions on language, including the official status of Serbian and Albanian and their alphabets at central level. It refers to the Law on the Use of Languages for the more specific municipal rules.

Law on Protection from Discrimination

Law No. 05/L-021 on Protection from Discrimination, adopted in 2015, replaced Kosovo’s 2004 Anti-Discrimination Law. It prohibits direct and indirect discrimination, harassment, segregation and victimisation on grounds including nationality, ethnic origin, language, religion, race, colour, sex, gender identity, sexual orientation, disability, age, social origin and property, in the public and private sectors alike. A person who believes they have been discriminated against may complain to the Ombudsperson, which acts as Kosovo’s equality body, or bring a claim before the courts. Before competent courts and administrative authorities the burden shifts to the respondent once a prima facie case is shown, except in criminal and offence proceedings. The 2015 law was adopted as part of the human-rights legislative package that also brought a new Law on Gender Equality and a new Law on the Ombudsperson.

Law on Local Self-Government, Law No. 03/L-040

In order to establish a sustainable system of local administration and improve the efficiency of public services in Kosovo, the Assembly adopted the Law on Local Self Government.

This law foresees the establishment of several municipal institutions for the protection of communities in Kosovo. The Municipal Assemblies of Kosovo must establish a Municipal Communities Committee with the responsibility to review municipal policies, practices and activities to ensure that rights and interests of the communities are fully respected and issue recommendations to the Municipal Assembly. Moreover, in municipalities where communities make up at least 10% of the population, a Deputy Mayor for Communities must be appointed to advise the Mayor on community issues, and a Deputy Chairperson for Communities must be installed to form the “focal point for addressing non-majority communities’ concerns”.

Furthermore, the Law foresees the provision of enhanced participatory rights in the selection of the local police station commanders and enhanced competencies in the area of culture to municipalities with Serb-majority population. In reference to health and education, it outlines the provision of enhanced competencies regarding university education in the municipality of Mitrovicë/Mitrovica North, as well as in secondary health care in the municipalities of Mitrovicë/Mitrovica North, Graçanicë/Gracanica, Shtërpcë/Štrpce. Significantly, it also expressly allows municipalities to cooperate directly with institutions of the Republic of Serbia.

Law on the Use of Languages, Law No. 02/L-37

The Assembly of Kosovo adopted the Law on the Use of Languages in order to respect the linguistic identity of all people living in Kosovo and to create an environment for all communities to express and preserve their language and culture. The Law reaffirms that the official and equal languages in Kosovo are Albanian and Serbian, while other community languages, such as Turkish, Bosnian and Roma, can have official status or be in official use at municipal level.

Use of Languages in Municipal Institutions

A language is an official language at the municipal level if it is the mother tongue of at least 5% of the inhabitants of that municipality, and such a language will have equal status in that municipality to Kosovo’s official languages. Regardless of this provision, Turkish is defined as an official language in the Municipality of Prizren. Under Article 2.4, a language will be considered a language in official use at the municipal level if it is the mother tongue of more than 3% of the municipality’s inhabitants or if that language was traditionally spoken in the municipality. People belonging to communities whose language is in official use also have the right in their communication with the municipality to “present oral or written submissions and documents, and to receive a reply in their own language”.

Use of Languages in Judicial Proceedings

The Law stipulates that a person who is arrested or charged with a criminal offence and who does not speak or understand the language(s) of the proceedings has the right to be promptly informed about the reasons for the arrest and of any charge against him or her in a language he/she understands. Moreover, persons whose mother tongue is not an official language can make submissions, testify, and hear the facts and evidence in their mother tongue in criminal proceedings. The court and prosecution bodies are required to provide free translation to those involved in the criminal proceedings.

These two provisions can be understood together as an overall guarantee that any judicial proceeding will be carried out in such a way that all people involved can be informed and communicate in their native language, regardless of its official status or lack thereof.

Use of Languages in Education

The Law on the Use of Languages specifies that community members have the right to receive public school education in their mother tongue. At the same time, one official language of choice must always be studied, and a student with his/her parents has the right to “decide in which official language his/her school records will be kept, and reports issued, by the educational institutions that he/she attends”.

Use of Languages in the Media

According to Article 25, any person in Kosovo has the right to establish media and broadcasting time on the public broadcaster in the language of his/her choice.

Personal Names and City, Street, and Topographical Names

According to Article 27.1, a person has the right to have his/her name and surname registered in the public civil records and written on personal identification documents in the official language of his/her choice, which includes the writing system. The law also establishes that “official signs indicating or including the names of municipalities, villages, roads, streets and other public places shall be displayed in the official languages and in the languages that have the status of official language in the municipality”.

Office of the Language Commissioner

In order to ensure, promote and supervise the implementation of the Law on the Use of Languages, the Government of Kosovo established the Office of the Language Commissioner.

ECMI Kosovo’s part

Kosovo’s Law on the Use of Languages was drafted with ECMI’s support in 2005.

The community-rights law and the constitutional chapter were prepared with ECMI’s drafting and comparative expertise.

The Consultative Council for Communities and the Office for Community Affairs were established with ECMI’s support.

The direct applicability of these instruments was argued for during the constitutional drafting by ECMI Kosovo and Professor Marc Weller of the University of Cambridge, against considerable resistance; the provision was adopted as drafted and remains one of the Constitution’s distinctive features.

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Last reviewed November 2026