+ Cooperation between civil society and Ombudsman institutions Goran Mileti ć Western Balkans Programme Director

+ Questionnaire How would you describe the importance of the Ombudsman in your country? Are the laws and bylaws reflecting clear mandate and function of the Ombudsman? Is the appointment of the Ombudsman transparent and fair process? Is the Ombudsman demonstrating its independence? Please provide example of its independence. How would you assess the oversight of the Government by the Ombudsman? Is the Ombudsman publishing annual reports or special reports? Is Parliament reviewing the Ombudsman annual report? If yes, do you know if Parliament undertook actions to implement the Ombudsman recommendations?

+ Questionnaire How would you assess the Ombudsman annual reports? Do they report on patters or trends of human rights violations or discrimination? Have you ever been invited to provide information and input for Ombudsman annual report? Do you think that the work of the Ombudsman ensures or contributes to the protection and promotion of human and minority rights in the country? Is the Ombudsperson raising issues and criticizing about sensitive human rights issues in the country (e.g. LGBT rights, Roma, women)? In your opinion do you think that Ombudsperson conducts independent and professional investigation of the complaints? How would you describe the cooperation of the Ombudsman with civil society? Please provide any successful or negative examples.

+ Questionnaire How would you describe your cooperation and collaboration with the Ombudsman? In which fields do you cooperate? How often and for which reasons do you meet with Ombudsman? Did you ever conduct joint advocacy initiatives or activities? Please provide example of such joint efforts. Do you submit complaints to Ombudsman on behalf of beneficiaries? If yes, how would you assess their response? In your opinion, are there any needs for improvements in Ombudsperson work and function (e.g. mandate, outreach, staff or other resources etc.) ? How would you assess the Ombudsman Outreach? Is Ombudsman issuing press releases, reactions or similar? Is the Ombudsman advocating for the issues that you are working for? If yes, please provide some examples with your own words.

+ Questionnaires Kosovo Albania Bosnia and Herzegovina Serbia up to 10 partner organisations

+ Importance of the Ombudsman in your country? Laws and bylaws reflecting clear mandate and function? Albania: from “important” to “very important”, clear mandate Kosovo: different than others in the region in relation to mandate, not financially independent, new law clear Serbia: “very important”, “clear mandate” Bosnia and Herzegovina: "crucial having in mind situation in BiH”, “clear mandate”, “should have more capacity”, “people perceive it as more advisory body”

+ Appointment of the Ombudsman in transparent and fair process? Ombudsman demonstrating its independence? Albania: Delay, doubts (in media), but impression of all: fair and transparent process Kosovo: NO (all), 5 times in three years, selection as compromise, advice: “having in mind that government want to control Ombudsman in KS, he should ask for support of human rights organisations” Serbia: Critical toward government/parties, but also toward Ombudsman (reason - sentence: “there are no human violations in Serbia, just the omissions on the part of the authorities to fulfil their obligations to secure human rights” and public support to the Belgrade Mayor (known for his racist and homophobic stance). Less than 20% thinks that he have possibility to be fully independent having in mind pressure from parties Bosnia and Herzegovina: more than 50%: “highly dependent”, also answers like “having in mind situation in BiH – independent as much as possible”

+ Oversight of the Government by the Ombudsman? Is the Ombudsman publishing annual reports or special reports? Albania, Kosovo, Serbia, Bosnia and Herzegovina: “Yes” and “good reports” Two comments in BiH: “could be better quality” “hard to judge on governmental performance” Two comments in Serbia: “diplomatic tones, rather than critique” “no substantial changes as a result of the report” Comment in Kosovo: “delay with no use of the report”

+ Parliament undertook actions to implement the Ombudsman recommendations? all countries: dissatisfaction of the follow-up conducted by the Parliament the best result for the Parliament “implementation of the recommendations could be much, much better”

+ Assessment the Ombudsman annual reports. Do they report on trends of human rights violations? Have you ever been invited to provide input for Ombudsman annual report? Albania: YES, all organisations satisfied Bosnia and Herzegovina: almost satisfied, “report could be more detailed”, one comment: “no practice in report, only statistics”, “no use of NGO findings” Serbia: No formal involvement of civil society (except one case), report written “too careful” Kosovo: all organisations – never invited ! Report “too academic”, “too general”

+ work of the Ombudsman ensures or contributes to the protection and promotion of human and minority rights in the country? Kosovo: Good to have it, but better results are expected Serbia: Yes, but “must be really independent”, “more active” “now more contribute than ensure” Bosnia and Herzegovina: partly, but NGOs are trying to justify this partial contribution Albania: YES ! (all)

+ raising issues and criticizing about sensitive human rights issues in the country (e.g. LGBT rights, Roma, women)? Albania: YES ! (even examples were given) Bosnia and Herzegovina: “to some extent”, “not ex officio” Serbia: yes, improvements are visible Kosovo: departments exist but results are needed

+ Ombudsperson conducts independent and professional investigation of the complaints? Kosovo: Lack of capacity = doubt Serbia: No, “not sure”, “deadlines”, not at all, yes (two) BiH: too slow, “hard to judge”, yes (two) Albania: yes, but improvement of capacities is needed

+ Describe the cooperation of the Ombudsman with civil society? Albania: Very good Bosnia and Herzegovina: Good, having in mind internal problems Serbia: “Always open for cooperation”, “cooperation visible” Kosovo: Some cooperation, improvement needed

+ Describe your cooperation and collaboration with the Ombudsman? Kosovo: good, but follow-up after meetings needed Serbia: good, fair, mostly positive examples, only one organisation with negative examples Bosnia and Herzegovina: diversity of positive examples Albania: good, both individual cases and legislative changes

+ Joint advocacy initiatives or activities ? Albania: YES ( all ) – different examples Bosnia and Herzegovina: NO (all), except Law against discrimination Serbia: Yes (50%), not so far (50%) Kosovo: No

+ Complaints to Ombudsman Albania: general satisfaction with that part of work Bosnia and Herzegovina: yes (majority), problem: delay Serbia: yes (all), problems in urgent situations Kosovo: no (majority)

+ Needs for improvements in Ombudsperson work and function ? Kosovo: staff, capacities, power Serbia: should be more active, more clear in statements, brave (Pride case) Bosnia and Herzegovina: human resources (all) and outreach (one) Albania: hiring more people with disabilities, more power etc. (no repeating in answers)

+ Ombudsman Outreach Albania: Very good ! Bosnia and Herzegovina: not good, but important, improvements are needed, reactions miss the right moment Serbia: quantity and quality of press releases needs to be improved Kosovo: should be more proactive and reactive (in media)

+ Is the Ombudsman advocating for the issues that you are working for ? Kosovo: Yes, but... Serbia: Yes (majority), No (two) Bosnia and Herzegovina: Yes, but should do it much more Albania: Yes !

+ Conclusions Co-operation : good, could be better Communication as a key tool for improvement Human Rights organisations very open for co-operation Key issue: Being active and independent Un-officially: Ready to react if government is obstructing Ombudsman !

+ THANK YOU !!!