C Explanatory memorandum by Ms Béatrice
Fresko-Rolfo, rapporteur for opinion
1 Introduction
1. On 14 September 2023, the Committee
on Equality and Non-Discrimination appointed me rapporteur for opinion
on the application by Kosovo for membership of the Council of Europe.
2. This opinion is linked to the report by the Committee on Political
Affairs and Democracy, which deals with the geopolitical situation
and the political and legal aspects of Kosovo’s application for
membership and retraces the time-line of the accession procedure
started by the submission of the application on 12 May 2022. The
Committee on Political Affairs and Democracy adopted its draft Opinion
Note prepared by Ms Theodora Bakoyannis
(Greece, EPP/CD) on 27 March 2024. The application was also referred
for opinion to the Committee on Legal Affairs and Human Rights,
which appointed Ms Azadeh Rojhan (Sweden, SOC) rapporteur.
3. I obtained vital information during the fact-finding visit
conducted jointly with Ms Rojhan from 3 to 6 December 2023.
Note We were able to exchange with members
of the government, parliamentarians and representatives of non-governmental
organisations dealing with the protection of the rights of non-majority communities,
gender equality, the fight against gender-based violence, LGBTI
rights and the rights of persons with disabilities. We also met
representatives of international organisations, including the United
Nations Interim Administration Mission in Kosovo (UNMIK), the EU
and the Organization for Security and Cooperation in Europe (OSCE).
In addition, we were able to exchange views with representatives
of the diplomatic corps based in Kosovo, with the Ombudsman and
with the Language Commissioner. Our meetings took place in Pristina
and in Gračanica/Graçanicë. The government members we spoke to expressed
their desire to build a stronger and more stable democracy. I would
like to take the opportunity to thank everyone we met during our visit
and during bilateral meetings in Strasbourg.
4. In this opinion, I will focus on the aspects relating to equality
and non-discrimination issues, in line with my terms of reference.
These aspects have been examined by the eminent lawyers
Note and the issue of the protection
of minority rights has been presented in detail by Ms Bakoyannis.
With this opinion, I wish to provide some information and food for
thought with regard to gender equality and combating gender stereotypes, preventing
and combating gender-based violence, combating discrimination against
LGBTI persons, the situation of the Roma communities in Kosovo,
participation for all and the fight against hate speech. I also
wish to underline the importance of dialogue, reconciliation and
building a resilient and open society. Lastly, I would point out
that accession by Kosovo to the Council of Europe is without prejudice
to individual member States’ positions as regards the statehood
of Kosovo.
2 Minority rights,
participation in political life and the fight against hate speech
5. A number of agreements enabling
Council of Europe monitoring mechanisms to operate in Kosovo were concluded
during the period in which the international community held executive
power in Kosovo. This applies, in particular, to the reports prepared
in respect of the Framework Convention for the Protection of National Minorities
(ETS No 157), which are currently in their fifth cycle.
Note Article 3
of the Constitution of Kosovo guarantees the protection of the rights
of the communities. It recognises Kosovo as “a multi-ethnic society consisting
of Albanian and other Communities, governed democratically with
full respect for the rule of law through its legislative, executive
and judicial institutions.” Albanian and Serbian have the status
of official languages, while Turkish, Romani and Bosniak are recognised.
The body of legislation to protect minority rights is relatively
comprehensive, but its implementation needs to be improved.
6. The participation of the representatives of non-majority communities
in politics and institutions is one of the foundations of the protection
of minority rights. Four government ministers are from non-majority communities.
20 seats are set aside in parliament for representatives of the
non-majority communities, but the representatives of the Serbian
community (10 seats) have not taken part in parliament’s work for
almost a year. The Central Election Commission of Kosovo has set
21 April 2024 as the date for fresh elections in four municipalities
in the north of the country where the mayors resigned in November
2022 in protest against the Kosovo Government’s decisions, which
they believed discriminated against Kosovo Serbs. It is obvious
that participation in political life is vital so as to ensure that
interests are represented.
7. I would reiterate Ms Bakoyannis’ call to set up the Association
of Serb majority municipalities, which I believe is a vital step
towards lasting reconciliation. It is a commitment made that has
to be honoured to demonstrate to Kosovo Serbs that their rights
will be respected and their demands taken into account. Combating
hate speech and promoting reconciliation should be priorities and
are closely linked to the protection of the rights of minorities.
8. Language teaching, recruitment of translators, improving public
servants’ language skills, recognising qualifications, systematically
translating court rulings and strengthening the role of the Language Commissioner
are practical measures that can be implemented quickly. The absence
of translation and interpretation hinders interaction and can undermine
trust at all levels of society. During our meeting, Mr Slaviša Mladenović,
Language Commissioner, recommended language teaching at all levels.
9. Failure to recognise the qualifications of people who have
completed their education in another school system prevents them
from working and entering the labour market. The work done so far
by the Diploma Verification Commission is to be commended and the
extension of the office’s remit to the verification of secondary
school qualifications is a significant step forward.
10. The 2023-2027 strategy for the protection and promotion of
the rights of communities and their members has been approved by
the government. Mr Nenad Rašić, Minister for Communities and Returns,
emphasised the need to reach out to young people so as to reconcile
Albanian-speaking Kosovars and Kosovo Serbs. His ministry’s budget
has been increased for 2024 with a view to funding economic development
and employment support projects in municipalities where communities
are in the majority. 10% of jobs in public authorities are reserved
for non-majority communities and recruitment is in progress. Many
Kosovo Serbs have left to live in Serbia or elsewhere in Europe.
Staying in Kosovo can be difficult if there is no support for economic development.
11. The civil society representatives in Gračanica/Graçanicë told
me about their lack of hope and trust in institutions and a feeling
of dehumanisation which they had experienced in recent years. The
lack of interaction between the two education systems was mentioned,
as well as the development of two parallel societies between which
exchanges are limited.
12. In the draft Opinion, Ms Bakoyannis describes the security
incident in Banjska and deplores the rise in tensions over the past
two years. The police have a key role to play in easing tensions:
the composition of the police force should reflect that of the population
and all members of the police should be bilingual.
Note
13. The Kosovo Government announced that from 1 February 2024,
it would no longer be possible to make payments in dinars in northern
Kosovo, and that there would be no transitional measures. Following
criticism from the international community, transitional periods
of one month and then three months were introduced. The change makes
financial transactions and payment of pensions more complicated
and may also heighten tensions on the ground. The UN Security Council
held a meeting on the issue on 8 February 2024. At the meeting,
which was attended by the Serbian President and the Prime Minister
of Kosovo, several delegations called for dialogue.
14. Any escalation in tensions is accompanied by a rise in hate
speech. Given the major role played by political leaders in preventing
and combating hate speech, political parties in Kosovo should be
encouraged to sign and implement the Parliamentary Assembly’s Charter
of European political parties for a non-racist and inclusive society.
Note
3 Gender equality
15. While so-called traditional
social norms still weigh heavily, Kosovar society is young, resolutely
forward-looking and wants to move towards greater equality. Women
play an active part in political life in Kosovo. Ms Atifete Jahjaga
was the first woman elected President in 2011 and Ms Vjosa Osmani-Sadriu
was elected President in 2020. Women have been appointed to key
ministries, including the Ministry of Justice and the Ministry for
Foreign Affairs. Women currently account for 43 members of parliament
out of a total of 120, which reflects a positive trend, although
parity has not yet been achieved.
16. The momentum of participation in politics is not, however,
reflected in participation in economic life, and the official employment
rate for women is still very low at approximately 14%. Many women
work in undeclared jobs. Steps have been taken to promote the official
participation of women in the labour market. For instance, in order
to encourage women to open bank accounts, family allowances are
paid directly into their accounts, which can help in empowering
them.
17. As stated by the eminent lawyers, I would point out that “custom
and prejudice against women and girls result in them renouncing
inheritance in favour of male family members.”
Note
18. While the official age for marriage is 18 years, early marriages
do take place. Efforts to combat early and forced marriages should
be stepped up. An interagency working group on preventing and detecting
early marriages in the Roma, Ashkali and Egyptian communities was
set up by government decision, following the 16 days of activism
to end violence against women
Note (25 November-10 December
2023). In Resolution CM/ResCMN(2023)12 on the implementation of
the Framework Convention for the Protection of National Minorities in
Kosovo*, adopted on 31 October 2023,
Note the Committee of Ministers of the
Council of Europe called on the Kosovo authorities to “develop comprehensive
policies and measures to prevent early marriages and combat domestic
and sexual violence and support awareness-raising efforts among
parents, in schools and in communities.”
19. During my meeting with Ms Arbërie Nagavci, Minister for Education,
Science, Technology and Innovation, I obtained information about
programmes to promote gender equality in schools. 1 000 scholarships
have been set aside for girls to encourage them to take up STEM
(science, technology, engineering and mathematics) studies. There
are also programmes to combat exclusion from school, in particular
for girls in rural areas.
4 Preventing and
combating gender-based violence
20. On 25 September 2020, the Assembly
of Kosovo adopted an amendment to the Constitution giving effect
to the Council of Europe Convention on preventing and combating
violence against women and domestic violence (CETS No. 210, “Istanbul
Convention”).
Note This enshrining of the
convention in the constitution demonstrates Kosovo’s determination
to prevent and combat such violence.
21. In connection with the Council of Europe co-operation project
entitled “
Reinforcing
the fight against violence against women and domestic violence in
Kosovo* (phase III)”, the alignment of the laws, policies and other measures
in force in Kosovo with the obligations under the Istanbul Convention
was examined on the basis of the methodology employed by the Group
of Experts on Action against Violence against Women and Domestic
Violence (GREVIO) during its previous evaluation procedures. According
to the report’s press release, “further action is warranted to ensure
effective access to justice, protection and recovery for women victims.”
Note The resources allocated for assistance
for women survivors of violence seem inadequate, in particular as
far as shelters are concerned. While there is still no sex education
programme in schools, the introduction of such programmes could
help prevent gender-based violence.
22. Combating gender-based violence was described as a priority
by the Kosovo authorities during our visit. A national strategy
for protection against domestic violence and violence against women
(2022-2026) has been adopted and many activities were held during
the 16 days of activism to end violence against women (at the end
of 2023). The first programme for the perpetrators of violence began
in January 2024 with support from the Council of Europe.
Note
23. An issue in terms of lack of trust in the justice system and
the police was mentioned by the NGOs. Additional training for professionals
who may have to deal with survivors was recommended. The Istanbul Convention
should be signed and ratified as quickly as possible after accession
to the Council of Europe.
5 Combating discrimination
against LGBTI persons
24. In recent years, Pride marches
have taken place without incidents in Pristina, with the participation
of political leaders, including the President and the Prime Minister,
and the international community. There is visible political support
from some political quarters for the protection of LGBTI rights.
25. A draft revised civil code has been drawn up by the government
and includes the recognition of same-sex civil unions. A corresponding
proposal was already presented in parliament in March 2022, without success.
Demonstrations were held against the bill,
Note and only
28 out of the total 120 members of parliament voted for it.
Note In January 2024, the Minister of
Justice, Ms Albulena Haxhiu, announced that the revised civil code
would be tabled again in parliament,
Note which
was confirmed by the Prime Minister, but so far, the announcement
has not been followed by the bill’s inclusion on the National Assembly
agenda. The recognition of same-sex civil unions would make it easier
for couples to live together. It is still hard for same-sex couples to
rent accommodation as couples.
26. While progress has been made on a political level, the acceptance
of LGBTI persons by society is relatively low according to the representatives
of organisations defending LGBTI rights. The media do not yet show
same-sex couples in works of fiction and same-sex couples still
have a relatively low profile in public. A performance by Peaches,
a queer singer from Canada, at the Dokufest festival in Prizren
in August 2023
Note was criticised by the Council of the Islamic
community in Prizren, which organised the demonstration, and threats were
made against people taking part in the festival.
27. The situation of transgender persons attracted my attention
because of the difficulties they face in accessing healthcare. Hormone
therapy is not available in Kosovo and gender reassignment surgery
is still not possible. Transgender persons go to North Macedonia
or Serbia for operations and hormone therapy. While there is still
no legislation allowing the legal recognition of gender changes,
such recognition can be granted by courts. Transgender women are
apparently excluded from wills and are less well accepted in society
than transgender men.
28. Lesbian, bisexual and queer (LBQ) women have a low profile
and are at risk of multiple discrimination. The NGO representatives
referred to differences in the situation of LGBTI persons between
Pristina and the rest of Kosovo. Few incidents are reported, often
because of a lack of trust in the police. As elsewhere in Europe,
anti-gender movements are gaining ground. The international community
has worked hard to ensure that the rights of LGBTI persons are recognised
and is stepping up its efforts in this connection.
6 Inclusive schools
29. I would like to draw attention
to the situation of the Roma, Ashkali and Egyptian communities in
Kosovo, who are often stigmatised and live in particularly precarious
conditions. Access to employment, education and healthcare can be
complicated and these communities are therefore in a vulnerable
situation. The children go to Serbian or Albanian schools depending
on where they live. Learning centres have been set up, but several have
closed over the past two years. The education of girls in Roma,
Ashkali and Egyptian communities often stops at primary level. Combating
exclusion from school is a challenge for the Kosovo authorities.
30. Persons with disabilities are the group that suffer most discrimination
and marginalisation in Kosovo. The accessibility of facilities is
poor and only 12% of children with disabilities attend school. Access
to quality primary and secondary education should be ensured for
all children.
31. In the draft Opinion, Ms Bakoyannis addresses the issue of
textbooks. It is vital that all children in school are provided
with the textbooks they need to keep up at school and make progress
regardless of the language taught in their school.
7 Recommendations
and conclusions
32. Accession to the Council of
Europe would be an appropriate time to reassert the importance and
the commitment of the authorities in favour of the participation
of all communities, both majority and non-majority, in society,
of living together peacefully, of reconciliation and of restoring
trust. The recognition of all the identities of the citizens of
Kosovo must be ensured in that process. This should be accompanied
by transitional measures, the promotion of bilingualism, consultation
and clear communication about the decisions taken.
33. A strategic approach to the language issue is necessary. The
effective implementation of the law on the use of languages, including
at local level, could enable trust in the institutions to be restored.
Investment in language education and teaching is vital to achieving
the goal of an open and inclusive society.
34. Accession may also present an opportunity for non-majority
communities to have the assurance that their rights will be protected
more effectively and their concerns will be recognised. The Council
of Europe can offer a new forum for discussion and empowerment of
communities. While accession would clearly be political, it would
also be citizen-oriented, given the impact which it could have on
the daily lives of people in Kosovo.
35. The Council of Europe could also send a strong message of
support to civil society in Kosovo, recognising the importance of
its work in recent years and affirming its desire to co-operate
more closely in the years ahead. The Council of Europe will undeniably
be an ally which will support the reconciliation efforts in the long-term.
No one should have the impression they are being left behind.
