21.03.2024. » 05:54

OP - ED Mechanisms for the protection of (non)majority communities in Kosovo

Although complex, Kosovo's legal and institutional framework for the protection of the rights of minority communities provides strong foundations for the promotion of respect for individual and group rights. There are strategies and programs aimed at realizing these rights. Although the legislation is largely advanced, it is necessary to ensure full implementation of the legislation and more effective coordination between public institutions responsible for implementation in order to resolve challenges and guarantee equal treatment and opportunities for the Roma, Ashkali and Egyptian communities. in Kosovo. Mechanisms, instruments and programs should focus on improving access to Roma, Ashkali and Egyptian communities.

So, in Kosovo, even though we have mechanisms of existing legal and constitutional guarantees, we need additional mechanisms and tools to protect us.

Kosovo possesses a complex legal framework that protects and promotes minority rights (although the term "just community" is used in the Kosovar language and will be used in the following text). The Constitution of Kosovo, which entered into force on July 15, 2008, guarantees and protects fundamental rights such as protection from discrimination, the right to life, freedom of speech and assembly of all individuals regardless of race, ethnicity, gender, religious orientation or other characteristics that distinguish them from others. The third chapter of the Constitution is fully devoted to the protection and promotion of the rights of communities and their members. Community rights are further explained and protected by the following laws:

• Law on the Protection and Promotion of the Rights of Communities and Their Members in Kosovo 45 (03/L-047)46,
• Law on Education in the Municipalities of the Republic of Kosovo (03/L-068)47,
• Law against discrimination (2004/3)48,
• Law on the use of language (02/L37)49,
• Law on Local Self-Government (03/L-040)50,
• Law on Cultural Heritage (02/L-88)51i
• Law on Special Protection Zones (03/L-039).

The appointment of the deputy mayor of the municipality for communities is mandatory in municipalities where non-majority communities make up at least ten percent of the municipality's population. Based on the decision of the municipal assembly, the function of the vice president for communities can also be established in municipalities where the population of non-majority communities does not exceed ten percent.

Main documents • Law on Local Self-Government (No. 03/L-040, 2008); • Administrative Instruction (UA) no. 02/2020 for the procedure for the appointment of deputy mayors of municipalities; • Description of the jobs and duties of the vice president for communities * Administrative Instruction (UA) no. 02/2014 has ceased to be valid with the entry into force of Administrative Instruction (MAI) no. 02/2020 for the procedure for the appointment of deputy mayors of municipalities from September 21, 2020.

The appointment of the deputy chairman of the municipal assembly for communities (ZvKKK) is mandatory when the communities make up at least ten percent of the municipality's population. The mandate of the ZvKKK is to examine complaints from community members about acts or decisions of the municipal assembly that violate their rights and is responsible for sending these complaints to the municipal assembly. The MCC may request the re-examination of the relevant act or decision. In addition, in certain circumstances, the CCC may submit to the Constitutional Court acts or decisions that it considers to be in violation of a right guaranteed by the Constitution.

Main documents • Constitution, article 62 (1) and (2); • Law on Local Self-Government (No. 03/L-040, 2008); • Guide for the Deputy Speaker of the Municipal Assembly for Communities.

Committees for communities - KK, (Community Committees) are municipal mechanisms composed of representatives of the communities living in the municipality and councilors of the Municipal Assembly. Their creation is mandatory. The main competence of the KK is to review all municipal policies, practices and practical activities in order to recommend measures to the Municipal Assembly to ensure that the rights and interests of the communities are respected.

Main documents • Law on Local Self-Government no. 03/L-040, 2008; • Administrative Instruction of the Ministry of Local Government (MPU) no. 05/2020 on the establishment procedure, composition and powers of permanent boards and other boards in the municipality; • Community board guidelines and job and task descriptions.

Municipal Offices for Communities and Return (MCO) are mandatory for all municipalities and have a mandate to protect the rights of communities, ensure equal access to services and create conditions for sustainable return. The MCC reports directly to the mayor. The composition and number of jobs in the MCCC are determined based on the percentage of communities living in the municipality and their needs, as well as the number of planned or expected returnees or repatriated persons.

Main documents • Regulation no. 02/2010 for municipal offices for communities and returns.

These are some of the key mechanisms for the protection and promotion of the rights of communities in Kosovo.

While in the European framework for national Roma integration strategies, the Roma, Ashkali and Egyptian communities in Kosovo fall under the broader definition of Roma, the Constitution of Kosovo recognizes them as three different minority communities. Therefore, in the national context, any particular concerns of the three communities must be distinguished separately. The Roma belong to an immobile community spread throughout Kosovo, with a greater concentration in the municipalities of Gracanica, Peja and South Mitrovica. According to official figures, 8,824 Roma live in Kosovo, which is 0.5% of the total population in Kosovo. They originate from Central India. Most Roma are Sunni Muslims and speak the Romani language, which is different from the official languages of Kosovo.

The Ashkali community is the largest of the three mentioned and has 15,436 members or one percent of the total population in Kosovo. The Ashkali community is sedentary and urban, and most of its members live in the municipalities of Ferizaj, Fushë Kosova, Lipjan, Prizren and Shtimje and believe that their ancestors came from Old Persia. They are Sunni Muslims and speak Albanian.

The Egyptian community has 11,524 members, slightly less than one percent of the total population of Kosovo. Egyptians are a sedentary and urban population, and the largest number live in the municipalities of Gjakova, Peja, Istog and Klina. They believe they originated in Ancient Egypt. They are Sunni Muslims and speak Albanian.

Although human, political and community rights are guaranteed to all communities by Chapters II, III and IV of the Constitution, there are several institutions and mechanisms at the national and municipal level that ensure the protection of the rights of minorities, Roma, Ashkali and Egyptians .

Communities face challenges such as social marginalization and discrimination. Like the Roma population in Central and Southeastern Europe, the Roma, Ashkali and Egyptian communities in Kosovo face higher unemployment rates and lower employment rates than the majority of the population. Therefore, there is a huge gap between these communities and the rest of the population in terms of education, health, food security and living conditions. A regional survey on the situation of Roma from 2017 shows that there is a difference of 29 percentage points when it comes to food security in Roma and non-Roma households in the same area. In the month before the survey, 29 percent more Roma than non-Roma households had a person who went to bed hungry due to lack of money for food. Compared to non-Roma families living in their vicinity, 17% fewer Roma families have access to a toilet in their apartment; 10% less use of preventive health services; and 23% fewer young people are employed, in education or training.

Education, in general, the Roma, Ashkali and Egyptian communities are in a much worse position compared to others in terms of vocational education. 73% of women and 87% of men from these three communities are educated, compared to the national average of 98%. Nationally, the net attendance rate is 96% in secondary school and 82% in upper secondary school. For young people from the Roma, Ashkali and Egyptian communities, the figures are 65% and 30%. However, educational centers play an important role in reducing the number of children from these communities who drop out of school and enable their further integration into the education system. Also, Roma children are provided with free textbooks in the Roma language.

When we talk about gender equality, women have worse results in education, employment and health than men. Only 37% of women from Roma, Ashkali and Egyptian communities have a positive perception of their lives compared to over 55% for men from these and other communities and 51% for women from other communities. The literacy rate among women from the Roma, Ashkali and Egyptian communities is about 73% compared to 86% among men from these communities and 98% nationally.

Ethnic discrimination is another explanation for the poor status of the Roma, Ashkali and Egyptian community in the labor market, but it is rarely taken into account by decision-makers and policy-makers. Although Kosovo has an adequate legal and institutional framework that protects and promotes, the application of affirmative measures and the protected number of places for the registration of students from non-majority communities in public institutions of higher education has not been fully implemented.

When we talk about the opportunities and challenges for dignified work in Kosovo, when we talk about the rights of these communities, which include equal opportunities for employment and the prohibition of discrimination, the implementation of the law lags behind. In general, public institutions do not have the capacity and are not coordinated enough to implement the law effectively. Moreover, the changes in behavior and attitudes, the necessary background for the effective implementation of the law, have not penetrated the Kosovar society and prejudices still exist.

With what steps and how to proceed further...

Kosovo's legal and institutional framework for the protection and promotion of the rights of non-majority communities, including the Roma, Ashkali and Egyptian communities, is adequate.

The problems that exist are mainly related to implementation. The legal framework at national and local level requires stronger political will for implementation among policy makers and decision makers, and more acceptance and respect from other communities. It has been confirmed by local and national authorities that Roma, Ashkali and Egyptians face serious difficulties in accessing the labor market and that remedial measures are needed.

In general, the Roma, Ashkali and Egyptian communities do not have sufficient knowledge of how to succeed in a highly competitive labor struggle against discriminatory attitudes.