All individuals in the Republic of Kosovo are equally entitled to protection of their fundamental human rights. These include, for example, a general protection against discrimination, an inherent right to life, freedom of expression and assembly, and many more.
Anti-discrimination All people in Kosovo are guaranteed state protection from discrimination. Where such discrimination prevents community members from enjoying their fundamental rights, the state must take special measures to redress this.Prohibited Grounds of Discrimination Discrimination is prohibited on a number of grounds. Of particular relevance to communities are those of national, ethnic, cultural, linguistic or religious identity. 1 Direct and Indirect Discrimination 2 3 . Similarly, if you are unable to exercise your fundamental rights for the same reasons, the state must take “special measures” to remedy this. 4 ]
1 Law on Communities, Article 3.3. It should be noted that the general prohibition against discrimination contained in the Anti-discrimination Law 2004 lists other grounds such as gender, etc (Article 2.a).2 Law on Communities, Article 3.3; Anti-discrimination Law, Article 2.a, 3.a, 3.b.3 Law on Communities, Article 3.2.4 Law on Communities, Articles 3.3, 1.2.
Security and Freedom of Movement As a member of a community, you are guaranteed both freedom of movement, and safety and security throughout the country. The state is obliged to protect these rights on your behalf.1 This is in addition to your rights as a citizen/legal resident of Kosovo to free choice of your location of residence.2 1 Law on Communities, Article 3.5.2 Constitution, Articles 29.1, 35.
Identity Rights This section focuses on broad identity rights, such as the right to voluntarily associate yourself with a particular community, and the prohibition of forced assimilation.
Right of voluntary association
1
Prohibition of forced assimilation
2 If this occurs, you are entitled to state protection.1 Law on Communities, Article 1.5.2 Law on Communities, Article 2.3.
Culture and Religion Community rights in Kosovo place a lot of emphasis on the right to protect and promote community culture, and on assurances of religious freedom. These are listed in more detail in sections 1 and 2 below.
Culture
1 The state is under an obligation to create the conditions for you and your community to achieve this.2 3 However, their main function is to act as umbrella organisations for your community, and to represent it to the Community Consultative Council (CCC). 4 5 These must comply with a code of conduct regarding representativeness, democratic functioning, efficiency and financial transparency, which should be adopted by your representative organisation through the CCC. 6 7 8 9
Religion
10 11 This includes the freedom to have, not to have, to retain or to change religion or belief. It also includes the freedom to manifest your religion or beliefs (in worship, teaching, practice and observance), either alone or in community with others, in public or in private.12 13 , but is obliged to protect the practice of religious rights, traditional forms of religious life, including monastic life, and religious education, along with religious property. 14 15
Traditional and religious holidays
16
Religious and cultural heritage
17 18 19 20 1 Constitution, Article 59.1; Law on Communities, Article 5.1.2 Law on Communities, Article 2.2.3 Law on Communities, Article 11.5.4 Law on Communities, Article 5.3.5 Law on Communities, Article 5.2.6 Law on Communities, Article 5.3.7 Law on Communities, Article 5.4.8 Law on Communities, Article 5.6.9 Law on Communities, Article 5.7.10 Constitution, Article 8; Law on Communities, Article 7.1.11 Constitution, Article 38.1 ; Law on Communities, Article 7.2.12 Law on Communities, Article 7.2.13 Law on Communities, Article 7.3.14 Law on Communities, Article 7.4.15 Law on Communities, Article 7.7.16 Law on Communities, Article 5.5.17 Law on Communities, Article 5.12. 18 Law on Communities, Article 7.6; Law on the Establishment of Special Protective Zones, Article 1.19 Law on the Establishment of Special Protective Zones, Article 2.20 Law on the Establishment of Special Protective Zones, Article 4.
Language The issue of language is absolutely central to the protection and promotion of community rights in Kosovo, as it impacts on many other areas of particular importance for communities, such as education, political participation, media, and equal access to employment opportunities, among others. Use of languages at the state level a.Official languages of the Republic of Kosovo Meetings and work of the central institutions If your mother tongue is not one of the official languages of Kosovo, special provisions apply to you in the context of the central institutions: Government. If you are a member of the Government and your mother tongue is not one of the official languages, you have the right to use your mother tongue in the meetings of the central institutions, as well as in any public meetings they organise. At your request, the central institutions must provide interpretation. Assembly of Kosovo. If you are an Assembly member and your mother tongue is not an official language, you have the right to use your mother tongue in the work, debates or other proceedings of the Assembly and its Committees, as well as in any public meetings it organises. At your request, facilities will be made available to ensure interpretation from and into your mother tongue. Any document you submit in your mother tongue must be translated into the official languages, and all responses must be made to you in your mother tongue. Ombudsperson. If your mother tongue is not one of the official languages of Kosovo and you wish to lodge a complaint with the office of the Ombudsperson, you have the right to present your oral or written submissions to the Ombudsperson in your mother tongue. You are also entitled to receive a reply in your mother tongue. For more details on submitting a complaint to the Ombudsperson, see section III.A below.Use of languages at the municipal level Languages with official status at the municipal level Languages in official use at the municipal level Meetings and work of the municipal institutions Languages in official use at the municipal level Use of languages in public services Use of languages in the justice system Arrest Judicial proceedings Use of other languages Detention Personal names Use of languages in the private sphere
Media An open and independent media is of central importance to any democratic and diverse society. The importance of information and its accessibility to a wide audience is vital for the related rights of freedom of expression and political participation. General 1 You are entitled to create and use your own language media.2 This includes daily newspapers and wire services. You are also entitled to a reserved number of frequencies for electronic media. You are also guaranteed free reception of cross-border broadcasts, whether direct or by means of transmission or re-broadcasting.3 4
Public broadcast media 5 Specifically, Radio Television of Kosovo, the public broadcasting institution, must dedicate no less than 10% of its programming budget and no less than 15% of its program time – including prime-time news coverage – to non-majority communities on a proportionate basis. These broadcasts must be in the respective community languages.6 Communities and their members are to have a leading role in generating and presenting such programs.7 8
The composition of the Council is relevant to communities. Five (5) of the Council’s seven (7) members must be residents of Kosovo (‘civil society members’), and must respect representation of ethnic communities in Kosovo.9 One (1) resident member is appointed by the Assembly of Kosovo, while the other four (4) are nominated by individuals and organizations with legal residence in Kosovo. These include, for example,
Serbian-language television 10
1 Law on Communities, Article 6.1.2 Law on Communities, Article 6.1.3 Law on Communities, Article 6.6.4 Law on Communities, Article 6.8.5 Law on Communities, Article 6.2.6 Law on Radio Television of Kosovo, Article 6.6.7 Law on Communities, Article 6.3.8 Law on the Independent Media Commission and Broadcasting, Articles 3.3, 8.5.9 Law on Communities, Article 6.7.10 Law on Communities, Article 6.5.
Education Education is crucially important to communities in Kosovo, not only because it constitutes the primary source of ideas and knowledge for a new generation, but because it has huge practical implications for equal access to employment and social opportunities.
Curriculum
1 In line with this aim, the stated goal of the Ministry of Education, Science and Technology (MEST) is “a unified education system in Kosovo which respects the differences in language, culture, history, art and traditions through which national identity is cultivated”.2 To ensure maximum community input, it was declared that the national curriculum of Kosovo would be developed in consultation with community representative organizations. 3
Language of instruction
4 , if you belong to a community whose mother tongue is not a national language of instruction you will not be able to take full advantage of this fundamental right. This would constitute indirect discrimination, as described in section II.B.2 above. Right to education in one of the official languages of Kosovo 5 6 Teaching in the Serbian language 7 In doing so, they are also entitled to cooperate with municipalities and institutions in the Republic of Serbia, including government agencies. 8 9 For guidance on how to do this, refer to section III.D.2 below.Enhanced competencies in higher education 10 11 It must ensure that it receives adequate premises and funding for its operations from the Kosovo budget and other institutional sources. The university may also receive funding from the Government of the Republic of Serbia, provided this is transparent, public, and in accordance with the laws of Kosovo. 12 Education in community languages that are not an official language 13 However, at these primary and secondary schools, you must also study an official language of your choice.14 If you are receiving education in a community language that is not an official language, you are entitled to have your reports and certificates issued, and your records kept, in your mother tongue. 15
Subsidized transport to an area where such schooling is being offered,
Distance learning,
Roving teaching arrangements, or
Offers of boarding.16
17 18 19 20 Higher education and training 22 Private educational and training facilities in community languages 23 1 Law on Communities, Article 8.12.2 Kosovo Ministry of Science, Education and Technology (MEST), ‘Education and the Integration of Communities’, official website of the MEST, available at http://www.masht-gov.net/advCms/#id=106 (accessed 1 July 2009). 3 Law on Communities, Article 8.12.4 Constitution, Article 47.5 Law on Communities, Article 8.1; Law on the Use of Languages, Article 19.2. 6 Law on the Use of Languages, Article 24.1.7 Law on Education in the Municipalities of the Republic of Kosovo, Article 12.1.8 Law on Education in the Municipalities of the Republic of Kosovo, Article 4.3.9 Law on Education in the Municipalities of the Republic of Kosovo, Article 12.4.10 Law on Education in the Municipalities of the Republic of Kosovo, Article 14.11 Law on Education in the Municipalities of the Republic of Kosovo, Articles 14.d.12 Law on Education in the Municipalities of the Republic of Kosovo, Articles 14.e.13 Law on Communities, Article 8.1; Law on the Use of Languages, Article 20.1.14 Law on Communities, Article 8.10; Law on the Use of Languages, Article 21.15 Law on the Use of Languages, Article 24.3.16 Law on Communities, Article 8.217 Law on Communities, Article 8.7.18 Law on Communities, Article 8.7.19 Law on Communities, Article 8.8.20 Law on Communities, Article 8.9.21 Law on Communities, Article 8.3.22 Law on Communities, Article 8.11.23 Law on Communities, Article 8.4; Law on the Use of Languages, Article 22.
Economic and Social Opportunities The legislative provisions on economic and social opportunities remain comparatively underdeveloped. Aside from general obligations on the state to promote full and effective equality, attention is focused primarily on employment.
General
1 . Access to employment, social protection and housing are highlighted as areas of particular importance.2 3 4
Employment
5 6 7 Furthermore, the enhancement of community access to economic and employment opportunities must be undertaken with the full participation and consultation of community representative organisations.8 9 10 For example, all employing authorities can use the following affirmative action measures, as needed:
Active recruitment. The employer can make a special effort to identify and solicit job applications from under-represented populations, especially internally displaced persons and refugees.
Addressing the results of long-term discrimination. The employer can develop on-the-job training programs for commonly disadvantaged populations, to enhance their ability to apply and compete for promotions. Training must be offered equally to civil servants of all ethnicity and both genders.
Addressing discrimination through training and proper mechanisms for redress. The employer should ensure that personnel understand anti-discrimination policies and have access to adequate grievance procedures. 11
Encouraging applications from under-represented sections of Kosovo society, including members of minority communities;
Promoting understanding and the use by employees of both the official languages of Kosovo; and
Ensuring that all citizens are offered the same high quality of civil services. 12
1 Constitution, Article 58.4.2 Anti-discrimination Law, Articles 4.a, 4.c, 4.e, 4.h.3 Law on Communities, Article 9.1.4 Law on Communities, Article 9.4.5 Regulation No 2001/36 on the Kosovo Civil Service, Article 2.1.g.6 Law on Communities, Article 9.2.7 Law on Communities, Article 9.5.8 Law on Communities, Article 9.3.9 Regulation No 2001/36 on the Kosovo Civil Service, Articles 3.1.a-b.10 Law on Communities, Article 9.6.11 Administrative Direction No 2003/2 implementing UNMIK Regulation No 2001/36 on the Kosovo Civil Service, Articles 10.1(a)-(c).12 MPS DCSA AI 2003/12 on Equal Opportunity Procedures, available at http://www.ks-gov.net/mshp/Documents/No.MPS-DCSA-2003-12.pdf (accessed 1 July 2009).
Health Health care rights for communities and their members are mainly concerned with recognition of medical qualifications and the translation of medical information into community languages. More advanced rights also exist in the assignment of enhanced competencies to certain municipalities in the provision of secondary health care.
General
1 In particular, it must establish effective, transparent, participatory and accessible procedures for monitoring access to and delivery of health care services for members of communities.2 Particular attention must be paid to ensuring that satisfactory health care services are provided for persons belonging to socially and economically vulnerable communities. 3 4 Medical safety instructions must also be made available in your language. 5 6
Enhanced municipal competencies 7 1 Law on Communities, Article 10.1.2 Law on Communities, Article 10.6.3 Law on Communities, Article 10.2.4 Law on Communities, Article 10.5.5 Law on Communities, Article 10.3.6 Law on Communities, Article 10.4.7 Law on Local Self-government, Article 20.
Political Participation Provisions for the effective political participation of communities are central to the proper functioning of a multi-ethnic society. Only through effective political representation can the diverse interests of different communities be given proper consideration in political decision-making and in the development of laws and government programmes. In the institutions of Kosovo, community participation extends both ‘vertically’ and ‘horizontally’: Political parties Central level Assembly of Kosovo - Other communities are also entitled to a minimum number of seats, as follows:
Three (3) seats for the Bosnian community,
Two (2) seats for the Turkish community,
One (1) seat for the Gorani community,
One (1) seat for the Roma community,
One (1) seat for the Ashkali community,
One (1) seat for the Egyptian community, and
One (1) additional seat for the Roma, the Ashkali or the Egyptian community with the highest overall votes.
Committee on the Rights and Interests of Communities (CRIC) It composition is as follows: Its procedure is as follows: Legislation of vital interest These areas of vital interest are specified as follows: Government of Kosovo
Within the Government, there must be: Judiciary Supreme Court and courts of appeal Kosovo Judicial Council Its composition is as follows: Its appointment procedure is as follows: Kosovo Prosecutorial Council Deputy Chairperson for Communities (DCC) (see also section III.C.2 below) Deputy Mayor for Communities (DMC) (see also section III.C.2 below)
