Council of Europe Commissioner for Human Rights Michael O’Flaherty has responded to a letter sent by Serbian civil society organizations and members of the academic community from Kosovo, who last week warned of the severe consequences that the announced implementation of Kosovo’s Law on Foreigners could have for the rights of the Serbian community.
“As the Commissioner for Human Rights, I am mandated to promote awareness of and respect for the human rights of all communities. Ensuring that the human rights of minority communities are upheld is key for guaranteeing democratic and human right-respectful societies across Europe, including Kosovo,” O’Flaherty said in his written response.
He thanked civil society representatives for drawing his attention to their concerns and for inviting him to visit Kosovo.
More than 30 civil society organizations and members of the academic community from Serbian areas in Kosovo recently warned that the strict implementation of the Law on Foreigners would have serious consequences for the functioning of educational and healthcare institutions serving the Serbian community.
In a joint public appeal addressed to Quint countries’ ambassadors, the EU, and the OSCE, they called for the urgent suspension of the law’s implementation and for its international review.
The law stipulates that all “foreign nationals,” as defined by Kosovo authorities, who stay in Kosovo for more than three days must register their residence with the Ministry of Internal Affairs. This provision particularly affects those who do not possess Kosovo documents — including a large number of students, professors, healthcare workers, displaced persons, and other Serbian citizens residing in Serbian-populated areas in Kosovo.
The signatories warned that enforcing the law amid the current legal vacuum could lead to a complete breakdown of education and healthcare services essential for the Serbian community’s survival in Kosovo.
In addition to a temporary moratorium on its enforcement, civil society groups urged the launch of international mechanisms, including referring the law to the Venice Commission for review.
They also stressed that implementing the law in the current political and institutional circumstances — in which Kosovo lacks a fully functional government — would amount to a violation of the basic rights of the Serbian community and further endanger regional stability.
The issue of the Law on Foreigners emerged alongside the closure of the Serbian pension and health insurance funds operating in Kosovo, as well as the announced enforcement of the Law on Vehicles, which, according to estimates, effectively bans driving with power of attorney — further deepening concern within the Serbian community.
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