Antonijevic: Implementation of the Law on Protection against Discrimination is more important than its amendments

Legal expert Milan Antonijevic emphasizes that Kosovo already has the Law on Protection against Discrimination in place, and efforts should primarily focus on its implementation, because, as he says, there is virtually no area in Kosovo where some form of discrimination cannot be identified.

Regarding the announcement by Kosovo Prime Minister Albin Kurti that the Kosovo Government is preparing a new anti-discrimination law aligned with the human rights standards of the Council of Europe, Antonijevic points out that the existing law contains sufficient elements to protect minority rights effectively but, as he observed, only on paper.

He notes that the EU conducted an analysis of the existing Law on Protection against Discrimination in 2023, particularly its implementation and that this analysis prompted the initiative for amendments.

“Kosovo already has a law addressing this area, discrimination. The Council of Europe has adopted new standards, which could be incorporated into a new law. Additionally, the EU conducted an analysis of this law in 2023, especially its implementation, and I believe the reasons for future amendments lie there. Whether a completely new law will be introduced is uncertain, given that the existing law contains many quality provisions that protect minority rights on paper and combat racism. The much bigger issue within Kosovo is the enforcement of these laws. This is evident on a daily basis, and I believe efforts should be focused there,” Antonijevic told Kosovo Online.

He says that laws can be amended and aligned with European practices, but Kosovo's Law on Protection against Discrimination is already sufficiently developed.

Antonijevic explains that the Law on Protection against Discrimination, in principle, spans all areas of a citizen’s life.

In Kosovo, he says, there is no domain where discrimination cannot be assessed, whether it concerns healthcare, social welfare, pensions, personal documentation rights, or property-related rights.

“For example, if property disputes for the Albanian population are resolved faster than for the Serbian population, that is clear discrimination. In virtually every imaginable area of life in Kosovo, you can determine the presence or absence of direct or indirect discrimination. There are standards that address procedures, the punishment of institutions, changes in practices, and even orders to amend discriminatory laws. These are all areas where this law can have an impact. Since its adoption in 2004, it could have produced significant effects, but here we are, only now discussing minor amendments. However, what is far more important than writing amendments is ensuring the law is fully implemented,” Antonijevic concluded.