Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks Opinions and conclusions or recommendations given in this report are the sole responsibility of the Fund for Humanitarian Law Kosovo and do not in any way reflect those of the Kosovo Foundation for Open Society. Decembar 2013
Publisher: Kosovo Foundation for Open Society Prepared by: Fund for Humanitarian Law Kosovo Betim Zllanoga Pre-print and layout: XHAD - Studio Circulation: 300 copies
CONTENTS SUMMARY 5 FOLLOW UP RESEARCH 7 PART I - Protection And Promotion Of Minority Rights (In Particular Those Addressing Roma, Ashkali And Egyptian Communities) At The Local Level Peja/Peć- Municipality 7 Community Committee (Cc) Municipal Office Of Communities (Mco) Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Ferizaj/Uroševac 13 Community Committee (Cc) Municipal Office Of Communities (Mco) Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Fushë Kosovë/Kosovo Polje 17 The Community Committee (Cc) Municipal Office Of Communities (Mco) Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Gjakova/ Đakovica 21 The Community Committee (Cc) Municipal Office Of Communities (Mco) Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Gjilan/Gnjilane 25 The Community Committee (Cc) Municipal Office Of Communities (Mco) Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks
4 Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Istog/Istok 29 The Community Committee (Cc) Municipal Office Of Communities (Mco) Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Prizren 33 The Community Committee (Cc) Municipal Office Of Communities (Mco) Budget And Local Action Plan Property Rights And Informal Settlements Information And Awareness Municipality Of Mitrovicë/Mitrovica 37 Community Committee (Cc) Municipal Office Of Communities (Mco Budget And Action Plan Property Rights And Informal Settlements Information And Awareness Conclusion For Local Level 39 Part II - Protection And Promotion Of Minority Rights (In Particular Those Addressing Roma, Ashkali And Egyptian Communities) At The Central Level 41 Ministry Of Education, Science And Technology - Mest Ministry For Culture, Youth, And Sport (Mcys) Ministry Of Health And National Institute Of Public Health Ministry Of Labor And Social Welfare -Mlsw Ministry For Communities And Return (Mcr) The Institutional Structures For Communities In Kosovo Central Level Conclusion
SUMMARY 5 This paper is a follow up of the previous publication Governance of Roma, Ashkali and Egyptian Rights in Kosovo 1 which was supported by KFOS and conducted by the Humanitarian Law Center Kosovo (HLC Kosovo) and published in 2009. Aim of the study is to evaluate the implementation of the Strategy and Action Plan for the Integration of Roma, Ashkali and Egyptian communities in the Republic of Kosovo. In preparing this report, HLC Kosovo used different research methods such as visiting municipalities, conducting interviews with local and central institution officials as well as analysis of secondary data from the media, institutions and other organizations reports. The research is very informative and evaluates the work and the role of the Central level in making available the necessary resources, the work and efforts of municipalities (i.e. Mayor, municipal assembly, Community Committees, Municipal office of Communities etc). The work of Ministries such as: Ministry of Education, Science and Technology - MEST; Ministry for Culture, Youth, and Sport (MCYS); Ministry of Health and National Institute of Public Health; Ministry of Labor and Social Welfare -MLSW; and Ministry for Communities and Return (MCR). This study assesses the quality of activities and services offered for the implementation of the Strategy and Local Action Plans and improvement of Roma, Ashkali and Egyptian communities participation in municipal decision making processes. The study furthermore shows the impact of the Strategy and local Action plans in the improvement of promotion and protection of Roma, Ashkali and Egyptian communities rights. According to the Government of Kosovo s decision dated December 24, 2008 Nr.20/48, Office for Good Governance has drafted the Kosovo Action Plan for the Implementation of the Strategy for the Integration of Roma, Ashkali, and Egyptian 2009-2015. The Action Plan was approved on December 23, 2009 by the Government of the Republic of Kosovo. In the opinion of HLC Kosovo when comparing the report which was published in 2009, the current situation leaves much to be desired. In general Kosovo institutions have failed to fulfill their commitments in implementing the Strategy and Action Plans for the integration of Roma, Ashkali and Egyptian communities 2009 2015. However, it should be noted that positive results have also been documented and will be shown in the report below. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks Even thought Central and Local level institutions have drafted the Action Plans, the same institutions have failed to deliver a special budget line for the implementation of the Action Plans. Thus, the foreseen activities were not conducted due to lack of funds. The establishment of the Technical Working Group and the Inter-Institutional Steering Committee had an impact in increasing the political commitment in local and cen 1 Governance of Roma, Ashkali and Egyptian Rights in Kosovo (2009) http://kfos.org/governance-of-roma-ashkaliand-egyptian-rights-in-kosovo/
6 tral levels; however, these commitments are still not met. All the necessary human and financial resources are needed in order to fully implement the foreseen activities within the Strategy and the Action Plan. None of the Municipalities are working in line with the drafted local Action Plans for the implementation of the Kosovo Strategy for the integration of Roma, Ashkali and Egyptian communities, but rather have ad-hoc activities. Since 2010 all Municipalities have failed to implement their drafted local Action Plans as a result of lack of financial and human capacities. Overall, HLC Kosovo considers that the Kosovo Strategy for the integration of Roma, Ashkali and Egyptian communities did not improve the position of these communities in Kosovo society. Employment, education, representation in public institutions and decision making process, support of cultural activities, access to health, access to justice and social welfare issues remain big challenges for the Roma, Ashkali and Egyptian communities in Kosovo.
FOLLOW UP RESEARCH 7 PART I- Protection and Promotion Of Minority Rights (In Particular Those Addressing Roma, Ashkali and Egyptian Communities) At the Local Level Peja/Peć- Municipality The municipality of Peja/ Peć, is situated 90 km west of Prishtina/ Priština and encompasses a territory of 603 square kilometers. According to the data provided by Kosovo Agency of Statistics, data from census that was organized in April 2011 2, Municipality of Peja/Peć has 96,450 inhabitants the vast majority of whom are Albanians (87,975), followed by Roma (993) Ashkali (143) and Egyptian (2,700), Gorani (189), Bosniaks (3,786), Serbs (332) and Turks (59) 3. Residents of these communities live mainly in four neighborhoods: Qerhane/Qerhan, 7 Shtatori, Kristal and Zata. There are twenty two (22) members of minority communities employed in Peja/Peć Municipal Assembly, out of which fourteen (14) are Bosniaks, five (5) are Serbs, two (2 ) are Egyptians and one (1) Roma. On September 28, 2008 the Municipal Assembly of Peja/ Peć adopted the statute of Peja/ Peć municipality which guarantees the use of the native language in communication with municipal bodies, in line with the requirements deriving from the Law on the Use of Languages. Assembly meetings, committee meetings as well as all other meetings shall be held in Albanian, Serbian and Bosniaks languages. All the official municipality documents shall be translated into Albanian, Serbian and Bosniaks languages. The statute foresees the establishment of permanent committees and other committees. Community Committee (CC) - is one of the permanent committees of this municipality. The Community Committee is comprised of seven (7) members (which includes assembly members and community representatives). Each community in this municipality shall be represented with at least one representative. There are seven (7) members appointed to the Community Committee in Peja/ Peć municipality: three (3) Albanians, one (1) Bosniak, one (1) Serb, one (1) Egyptian, and one (1) member of the Roma community 4. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks The Community Committee (CC) has a consultative mandate. CC jointly with the Municipal Office for Communities holds monthly meetings. During the meetings both the Committee and representatives from the Municipal Office discuss issues relating to the needs of the mi- 2 Kosovo Agency of statistics, April 2011 http://esk.rksgov.net/rekos2011/repository/docs/te%20dhenat%20kryesore_alb.pdf 3 ibid 4 Rustem Nurkovic chairman(vakat), Sali Ukaj (AAK), Hashim Shala (PDK), Avdi Sefa (LDK), Shaip Gavrani (Egyptian community representative), Sofije Toska (Roma community representative), Branimir Jovovic (Serbian community representative
8 nority communities. Furthermore, meetings are organized to meet with representatives of minority communities, visit their settlements and have information meetings with them in order to best identify their problems and look for solutions. Among other tasks assigned to this committee is the monitoring of the implementation of legislation, sub legal acts and other policy documents pertaining to minority rights in Peja/Peć municipality. The Community Committee also reviews requests and complaints submitted by citizens of minority communities and presents them to respective municipal directorates and other municipal institutions. In the majority of cases, these requests and complaints relate to the reconstruction of houses, road infrastructure, electricity and education. According to the MALG report 5, this committee reported regular meetings from 2010 to 2012. From January to June 2013 the committee reported six (6) meetings 6. The municipal Community Committee has regular monthly meetings in order to discuss situation of the minority communities and their needs in Peja/ Peć municipality. The Community Committee is responsible for monitoring the implementation of all municipal regulations and other strategic documents that affect minority rights in our municipality. S. C. Head of municipal Office of Communities in Peja/Peć HLC Kosovo Interview, July 24 2013 Municipal Office of Communities (MCO) is body of the municipality which is foreseen within Civil Service with the municipality statute 7. This office is responsible for the promotion and protection of minority rights, ensuring equal access of minorities to public services at municipal level and other duties with the view of improving the status of the minority communities. This office has drafted an Action Plan on integration of Roma, Ashkali and Egyptian communities 2013-2015 covering the area of Education, Health and Social Welfare, Employment and Economic Development, Housing and informal settlements, Culture, Youth and Sports, Information, Representation and Decision-Making, Safety, Police and Justice 8. Despite the fact that the Action Plan was approved by the Mayor of the Municipality, to date the budget foreseen for the implementation was not delivered by any of directorates involved in the Action Plan. In most cases it is local NGOs that work towards the implementation of the Action Plan through their projects and activities. The work of these NGOs goes towards contributing to the achievement of goals outlined in the Action Plan. MCO is also involved in projects which aim to improve road infrastructure, water supply and the sewage system. 5 http://mapl.rks-gov.net/getattachment/dabe921f-fd4a-438e-b4be-c090fde72897/raporti-i-funksionimit-te- Komunave-te-Republikes-s.aspx 6 http://mapl.rks-gov.net/getattachment/e559b0ce-3a20-44a9-8046-866b70ecfdd7/raporti-i-funksionimit-tekuvendeve-te-komunave-pe.aspx 7 Municipal statute amendment February 2010 8 Action Plan of integration of Roma, Ashkali and Egyptian communities 2013-2015, Municipality of Peja/Pec
Action Plan for the Integration of Roma, Ashkali and Egyptian communities was approved by the Mayor of Municipality, but nothing concretely has been done towards its implementation in practice. I consider that since 2009 we didn t work in line with Kosovo Strategy and Action Plan, but more with ad-hoc activities that are linked with our Action Plan. None of the directorates delivered any budget for drafted Action Plan 9 G.T. Coordinator of municipal office of communities in Peja/Peć HLC Kosovo interview, July 24 2013 The MCO in Peja/Peć currently has eight (8) employees, three (3) Bosniaks, two (2) Serbs, one (1) Albanian, one (1) Egyptian and one (1) Roma. The mandate of this office is the promotion and protection of minority rights through various activities. Residents of the Municipality do visit the office with various requests and daily issues they face. Requests mainly deal with housing, social problems, education and unemployment. According to the field research which was conducted for the purpose of this report, there were issues initially in drafting the Action Plan. Most of the directorates that were involved in drafting the plan failed to attend meetings. The Action Plan was drafted in accordance with the Kosovo Strategy for the Integration of Roma, Ashkali and Egyptian communities. There were problems in drafting the Action Plan. Whenever we invited directorates to attend consultation meetings they would ignore our invitations. Our Action Plan addresses all components foreseen in the Kosovo Strategy such as Education, Health and Social Welfare, Employment and Economic Development, Housing and Informal Settlements, Culture, Youth and Sport, Information, Representation and Decision-making, Safety, Police and Justice. S. C Municipal Office for Communities, Municipality of Peja/Pec HLC Kosovo interview July 24, 2013 Through field research it also became evident that involvement of community representatives in drafting the Action Plan was quite low. We are not satisfied with how the strategy has been drafted and definitely not satisfied with the implementation of it. I consider that since 2009 when the initial Strategy for the Integration of Roma, Ashkali and Egyptian communities was adopted not much has been realized in practice and none of the components of the Strategy have been fully implemented. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks G. T Municipal Office for Communities, Municipality of Peja/Pec HLC Kosovo interview July 24, 2013 Budget and Local Action Plan The municipal assembly adopts the municipal budget annually. However, no special budget has been allocated by the Municipal Assembly for the needs of Roma, Ashkali and Egyptian communities residing in the municipality, or special budget for the implementation of the Action Plan for Integration of Roma, Ashkali and Egyptian communities.
10 A total of 149,397 EUR of Peja/ Peć municipality is allocated to the MCO and for projects designated for minority communities. This sum includes expenditures for salaries of the employees, goods and services, municipal services and capital investments. This budget is also used for road reconstruction, other infrastructure projects and utilities under the capital investment component. Nothing has been done in order to implement the foreseen activities outlines in the Action Plan 2013 2015. We have ad-hoc activities that are linked to the Action Plan; however, we do not carry out our work in line with the plan. None of the directorates have provided the needed budget for Roma, Ashkali and Egyptian communities needs. Activities which are implemented are mainly focused on capital investment such as infrastructure, sewage, renovation or housing. G.T Municipal Office for Communities, Municipality of Peja/Pec Property rights and informal settlements - At the moment, there are four (4) informal multiethnic settlements in Peja/ Peć municipality. One is located in Zata, two in 7 Shtatori and one in Kristal neighborhood. Approximately 1500 members of Roma, Ashkali and Egyptian communities are living in these informal settlements. Albanians and Bosniaks also inhabit these settlements. In total there are around 400 houses in this area. These settlements are multiethnic and Albanians, Serbian and Bosniaks also reside in them. The municipality has not taken any steps to either legalize or dismantle these four informal settlements. Lack of documentation over their previous property presents the biggest problem that members of Roma, Ashkali, and Egyptian community are facing. We don t have any plan to legalize informal settlements in our municipality. Besides, some members of Roma, Ashkali and Egyptian communities cannot prove that they have been in possession of a property because they lack documentation. The municipality cannot help them and cannot take responsibility for resolving ownership issues. G.T. - HLC-Kosovo Interview, July 24, 2013. Information and Awareness Municipal officials are informed about the Strategy for the Integration of Roma, Ashkali and Egyptian communities in Kosovo in the 2009-2015 period. The Municipal Office of Communities is where members of communities go to ask for assistance and receive support for solving their problems. Mainly MCOs are dealing with social issues. The Office of Communities in Peja/Peć has good cooperation with the civil society sector. They work together on the implementation of various projects in the area of education, infrastructure and health.
I would say that Roma, Ashkali and Egyptian communities are living in miserable condition. Representatives from these communities were mainly ignored from municipal directorates. This especially applies to Roma communities who lack education and reside in areas where living conditions are bad. 11 S. C Municipal Office for Communities, Municipality of Peja/Pec HLC Kosovo interview July 24, 2013 Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks
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MUNICIPALITY OF FERIZAJ/UROŠEVAC 13 The municipality of Ferizaj/Uroševac is located in the southern part of Kosovo. The municipality covers an area of 345 square kilometers and consists of a city and 44 villages. It is largely an agricultural plain. Ferizaj/Uroševac has a population of approximately 111,141 9 inhabitants. The majority of them are Albanians. Other communities residing in the municipality include Ashkali (3,971), Roma (292), Egyptians (52) 10, Gorani (32), Bosniaks (76), Serbs (14) and Turks (25) 11. Most Serbs have returned to Kosovo after spending years as refugees or displaced persons and are now living in the villages of Bablak/Babljak, Srpski Babuš/Babushi and Talinoc i Muhaxherëve/Muhadžer Talinovac. Roma, Ashkali and Egyptians mainly live in the village of Dubravё/Dubrava and the settlements of Halit Ibishi/Halit Ibiši, Sallahane/Salahane and Koçi Xoxe/Koče Zoze 12 in the city of Ferizaj/Uroševac. The municipality of Ferizaj/Uroševac has a network of primary healthcare consisting of the Main Center of Family Medicine and three smaller clinics. The villagers receive medical services at nine Health Stations, including mobile teams. There are 31 primary schools in the municipality. Number of students from Roma, Ashkali and Egyptian communities in the Municipality are as follows - 96 pupils in pre-school education out of which 89 are Ashkali, 6 are Roma and 1 Egyptian; 877 pupils in primary school out of which 818 are Ashkali, 58 are Roma and 1 Egyptian; 89 students in secondary schools out of which 84 are Ashkali and 5 are Roma. In total there are 14 students enrolled in the university out of which 13 are Ashkali and 1 is Roma. Illiterate residents in total from Roma, Ashkali and Egyptian communities equal to 222 persons. In the following table are presented data on employment of Roma, Ashkali and Egyptian communities 13 : Number of Houses 741 Ashkali 49 Roma 10 Egyptian Number of Families 683 Ashkali 47 Roma 9 Egyptian Number of employed in public sector Number of employed in private sector 94 Ashkali 6 Roma No Egyptian 83 Ashkalil 18 Roma No Egyptian Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks In 2013 in total 23 families have been repatriated out of which 4 were Ashkali, 2 were Roma and 17 were Albanian families. 9 http://esk.rks-gov.net/, Kosovo Agency of Statistic, September 2013 10 Information nformation from M MCO Feri aj, Ferizaj, updated on June 2013 11 Kosovo Agency of Statistic, Kosovo Census, ensus, April 2011 12 Interview ntervie of HL HLC Kosovo, Rahman Bajrami M MCO Feri aj/urusevac Ferizaj/Urusevac July 2013 13 MCO M o ce data
14 On June 2013, the Municipal Assembly of Ferizaj/Uroševac adopted the statute of the municipality 14. Anti-discrimination principles and the use of official language in communication with municipal bodies are guaranteed by this statute in line with the Anti-Discrimination Law and the Law on the Use of Languages. The statute foresees the establishment of permanent committees and other committees 15. Community Committee (CC) is one of the permanent committees of the municipality. The CC is comprised of assembly members and community representatives. According the municipality statute each community that lives in the municipality should be represented with at least one representative, which is not the case in CC of Ferizaj/Uroševac. Currently members of the CC in Ferizaj/Uroševac include two (2) Albanians, one (1) Serb and one (1) member of the Roma community, no representation from Ashkali and Egyptian communities. This committee meets every month but also meets on special occasions or when the need arises. The CC is responsible for ensuring that persons holding public positions in the municipality do not discriminate on the basis of ethnicity and language. The main duty of this committee is to ensure that all municipal policies and decisions regulating the area of minority rights are in line with applicable legislation and have the best interests of the minorities living in this area. The CC may also review any alleged violation of minority rights and reports that issue to the municipal assembly. The CC in Ferizaj/Uroševac was involved in municipal projects related to education and healthcare. The mandate of this body is to improve the status of minorities in our municipality and contribute to the promotion and protection of minority rights. HLC Kosovo interview July 2013- R.B MCO Ferizaj/Urusevac Municipal Office of Communities (MCO) according to the statute this office is an integral part of the municipality administration and it is supported by the municipal budget. The position of the Chief of the Municipal Office of Communities is equal to the position of the Director of the Municipal Directorates 16. The Chief of the MCO reports directly to the Mayor. According to the statute and MCO officials this office is responsible for monitoring of all projects related to minority affairs, including the promotion of the protection of minority rights, equal access of minorities in public services at municipal level in the area of education, healthcare and employment opportunities. Currently at MCO in Ferizaj/Uroševac there are 13 persons employed as staff out of which two (2) are Roma, one (1) Serbian, one (1) Gorani, one (1) Turk, one (1) Albanian and seven (7) are Ashkali. The mandate of this office is to initiate and facilitate projects related to the promotion of minority rights in the municipality. MCO focuses its work in 9 different components such as Education, Employment and Economic Development, Health and Social 14 http://kk.rks-gov.net/ferizaj/getattachment/municipality/assembly/statute/statuti-i-komunes-2013. pdf.aspx 15 Statute of Municipality of Ferizaj/Urusevac, article 19 of the statute. 16 Municipality of Ferizaj/Urusevas Statute
Issues, Housing and Informal settlements, Return and Reintegration, Registration or resolving the issue of undocumented residents, Media, Culture and Information, Participation and Representation and Security and justice. 15 I believe that the Strategy was more of a political commitment towards international organizations. The Kosovo government and local institutions did not allocate the proper budget for the implementation of the Strategy which shows how unserious their commitment was. HLC Kosovo interview July 2013- R.B. MCO Ferizaj/Urusevac In 2009, KFOS through local NGO INPO, assisted the MCO in drafting local Action plan for the Integration of Roma, Ashkali and Egyptian communities. MCO has established a working group to revise/update the local Action Plan for the Integration of Roma, Ashkali and Egyptian Communities 2013-2015. Staff of MCO, municipal Directorates linked through Action Plan components, local and international organizations, are members of this working group., We are planning to send the final draft of the local Action Plan for approval in September 2013 to Municipal Assembly and start its implementation properly in 2014. Despite the lack of budget for implementation of activities designed to assist integration of Roma, Ashkali and Egyptian communities we have reached good results in improving the lives of Roma, Ashkali and Egyptian communities in our Municipality through activities designed by our office and also other projects which were implemented with the support of both local and international organizations. For example during this year we will start building 44 new houses in the village of Dubravë/Dubrava. We are also waiting for positive response from the municipality to give us approval for the rebuilding of 17 houses for community residents. HLC Kosovo interview July 2013- R.B. MCO Ferizaj/Urusevac MCO also implements other activities that are part of the educational component and registration of Roma, Ashkali and Egyptian community pupils in secondary schools. Another task of the MCO was to promote the representation of minorities in municipal authorities. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks Budget and Local Action Plan The Municipal Assembly decides on the allocation of the municipal budget on annual basis. The budget of MCO is broken down as follows 51,920.29 EUR for salaries and per diems, 48,184.26 EUR for salaries with payment lists and 10, 250.00 EUR for goods and services. The allocated budget is also used for reconstructing roads, infrastructure, electricity reparations, healthcare and education activities. MCO has established a working group to draft the local Action Plan. Staff of MCO, other Directorates linked through Action Plan s component, local and international organizations such as INPO, OSCE, KFOS, and GYR are members of this working group. For the year 2013 the Municipality of Ferizaj/Urusevac did not have a special budget allocated for the needs of the Roma, Ashkali and Egyptian communities. It is important to note that despite receiving approval from the Municipal Assembly for a budget in 2010 no
16 delivery took place. Mayor of the Municipality and other officials stated that the reason for failure to deliver was due to lack of budget for this specific category. Both the MCO in the Municipality of Ferizaj/Urusevac and all Municipal Directorates are informed about the Kosovo Strategy and Action Plan for the Integration of Roma, Ashkali and Egyptian communities. Until today no directorates have supported allocation of a budget for the implementation of activities under the Action Plan. Directorate for Education has assisted MCO in registering youth from Roma, Ashkali and Egyptian communities in secondary schools. Registration of students took place regardless of whether they have passed the state exam or not. Directorate for Social Issues has helped several families with goods and housing services. Property rights and informal settlements In the municipality there are 4 informal settlements: Dubravё/Dubrava, Halit Ibishi/Halit Ibiši, Sallahane/Salahane and Koçi Xoxe/ Koče Zoze. Property legalization in informal settlements is a big problem. Until today in Dubravё/Dubrava in total 43 properties have been legalized out of 192, in Sallahane/Salahane 94 legalized out of 165 and 1 occupied, Halit Ibishi/Halit Ibiši 20 legalized out of 43 and in Koçi Xoxe/Koče Zoze 62 properties legalized and 21 still remain. Unemployment and a lack of property deeds are the biggest problem for members of the Roma, Ashkali and Egyptian communities. The municipal administration claims that they cannot take the responsibility resolving the ownership documentation in these circumstances but tries to support members of these communities in all other ways that they can. The problems with informal settlements are usually due to lack of documents as property deeds and also uncertainty of who really owns the land. HLC Kosovo interview July 2013- R.B. MCO Ferizaj/Urusevac Information and Awareness- The MCO staff in Ferizaj/Uroševac is well informed about the Strategy for Integration of Roma, Ashkali and Egyptian community for the period 2009-2015. The MCO cooperates with various international and local organizations that deal with education programmes. On a daily basis this office is open for all citizens to come to voice their problems and concerns. The MCO in Ferizaj/Uroševac cooperates closely with IOM, UNDP, OSCE, UNICEF and local NGOs on education programmes, return process projects and awareness campaigns. The MCO office staff has regular field visits. They keep community members informed through NGOs, weekly visits and through media. Also there are regular visits from community members at the MCO office with different request.
MUNICIPALITY OF FUSHË KOSOVË/KOSOVO POLJE 17 The municipality of Fushë Kosovë/Kosovo Polje is located 8 km southwest of Prishtina/ Priština. It consists of 17 villages and the town of Fushë Kosovë/Kosovo Polje itself. Three villages are populated by Serbs (Ugljare/Uglar, Kuzmin/Kuzmin and Batuše/Batushë), whereas the village of Bresje/Bresje and Fushë Kosovë/Kosovo Polje town are multiethnic. This municipality has a total of 36,897 inhabitants 17. Besides Albanians who make up the overwhelming majority of the population, there is a substantial number of minority communities living in this municipality - 292 Roma, 3,870 Ashkali and 262 Egyptians 18, 162 Serbs, 23 Bosniaks, 8 Gorani and 27 Turks 19. Prior to the 1999 conflict, Serbs comprised 25% of the population. However, their number is now estimated at 162 according to Kosovo Agency of Statistic. Most of the Serbian population are Internally Displaced Persons (IDPs) or are refugees in countries of the region. Despite the efforts made by the municipality to unify the healthcare system, health facilities remain divided. Albanians, Ashkali and Egyptians seek medical attention and treatment at the Family Health Centre in Fushë Kosovë/Kosovo Polje and 11 health centers in the surrounding villages. Serbs and Roma receive medical treatment at the Health Center in the village of Ugljare/ Uglar, as well as other centers of primary healthcare in Kuzmin/Kuzmin and Batuše/ Batushë. The problem of non-attendance and late enrolment in education system were successfully tackled in Fushë Kosovë/Kosovo Polje when 53 Roma, Ashkali and Egyptian children were enrolled in the 2011 2012 academic school year in the multiethnic school of Selman Riza. This was achieved following the intervention of the international community and with the assistance of the municipality and MEST 20. There are 680 pupils from Roma, Ashkali and Egyptian communities in the Selman Riza primary school which is taught in the Albanian language. Mihal Grameno primary school is attended by 4 Roma and 30 Ashkali pupils. Number of pupils enrolled in the Serbian language primary school equals to 83 Roma. In the Municipality of Fushë Kosovë/Kosovo Polje as part of civil servant staff there are two (2) Ashkali, one (1) Roma and one (1) Egyptian. Roma, Ashkali and Egyptian communities are also represented in the Municipal Assembly with one (1) Egyptian and one (1) Ashkali, both of whom are members of political parties. Two (2) Serbs, one (1) Ashkali, one (1) Roma and one (1) Albanian works at MCO. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks The Municipal Assembly of Fushë Kosovë/Kosovo Polje adopted its statute on July 30, 2012. It guarantees the use of official languages in oral and written communication with municipal bodies, in line with requirements of the Law on the Use of Languages. The statute foresees the establishment of permanent committees 21 and Municipal Office of Communities 22. 17 http://esk.rks-gov.net/eng/ Kosovo Agency of Statistics, Census April 2011 18 MCO M - interview intervie of HLC HL Kosovo June 2013 19 Kosovo Agency of Statistic, ensus Census data April 2011 20 OSCE S E report - ommunity Community rights assessment third edition 21 Municipal Statute. Article 36 22 Municipal Statute, Article 49
18 The Community Committee (CC) is one of the permanent committees of the municipality. The CC consists of assembly members and community representatives living in Fushë Kosovë/ Kosovo Polje. Each community living in the municipality is represented by at least one representative. There are eight (8) members appointed to the Community Committee in Fushë Kosovë/Kosovo Polje municipality: 3 (three) Serbs, 2 (two) Albanians, 1 (one) Egyptian, 1(one) Roma and 1 (one) Ashkali 23. This committee holds its meetings depending on the events and needs of the communities. The mandate of the CC is to protect and promote minority rights at the municipal level. The main duty of the CC is to ensure that all municipal policies and decisions regulating the area of minority rights are in line with applicable legislation and best interests of minorities living in this area. The CC also recommends measures to be undertaken by the municipality with a view of promoting ethnic, cultural, religious and language identity of all communities. The requests of the citizens and complaints are generally related to the reconstruction of houses, the return process, road infrastructure, electricity and education. Members of CC have monthly meetings where they discuss the situation of minority communities and address their needs in respective directorates and the Assembly. HLC Kosovo interview F.G member of CC, July 2013 Municipal Office of Communities (MCO) - according to the statute of the municipality the mandate and function of the MCO is regulated with the statute of the municipality. 24 This office supports and facilitates integration of minorities into society and helps in the implementation of the minority rights legislation. Furthermore, MCO cooperates with all directorates of the municipality in implementation of various projects aiming at improving the status of minority rights and establishes priorities of the municipality on minority rights affairs. There are currently five (5) employees in the MOC of Fushë Kosovë/Kosovo Polje out of which two (2) are Serbs, one (1) Ashkali, one (1) Roma and one (1) Albanian. The mandate of this office is to cooperate with all directorates of the municipality and to contribute to the promotion and protection of minority rights through different activities. It encourages citizens to forward and raise their problems and concerns. The Municipality of Fushë Kosovë/Kosovo Polje in partnership with the Ministry of Labour and Social Welfare held training on completing job applications. This activity was targeted at non-majority communities and returnees. The MCO also provided details of training sessions that have been held by the municipal employment office in cooperation with the United Nations Development Programme aimed at providing non-majority community members with better opportunities to enter the workforce 25. 23 http://kk.rks-gov.net/fushekosove/municipality/assembly/comittees/komiteti-per-komunitete.aspx 24 Municipal statute, article 49, competences 25 OSCE S E report - ommunity Community rights assessment third edition
Budget and Local Action Plan The Municipal Assembly adopts a municipal budget annually. The municipality budget is allocated to meet the needs of minority communities. The budget of MCO amounts to 5, 000EUR for goods and service, 13, 500EUR for salaries and per diems. The capital budget goes through the Municipal Directorates. For 2013 MCO is still waiting for additional 10,000EUR to be delivered from the Municipality to carry out several activities. The MCO officers in Fushë Kosovë/Kosovo Polje have been engaged in awareness raising campaigns on healthcare and hygiene targeting Roma, Ashkali and Egyptian girls and women as well as campaigns for family planning and against domestic violence. 19 Both the Strategy and the Action Plan were necessary in order to meet the needs of minority communities. It would be so much easier for MCO to work in line and within the framework of the Action Plan. In my opinion in this regards we could be more efficient. I also believe that failure for the local Action Plan to be implemented is largely due to lack of political will and failure to allocate a planned budget for the implementation of the plan. HLC Kosovo interview MCO office, July 2013 There is no specific budget for the implementation of the local Action Plan. On several occasions Directorate for Culture, Youth and Sport has allocated budget for various activities addressing the needs of Roma, Ashkali and Egyptian communities, however, overall directorates failed to provide the requested amount. KFOS through NGO-INPO, supported the drafting of local action plan for integration of Roma, Ashkali ande Egyptian communities in municipality of Fushë Kosovë/Kosovo Polje. Action Plan for the Municipality was approved and work is being conducted in line with the local Action Plan. Our main focus still remains on education even thought the action plan has 9 components. Despite the lack of a special budget, we do meet the needs planned within the Action Plan. HLC Kosovo interview MCO office, July 2013 Property rights and informal settlements The municipality of Fushë Kosovë/Kosovo Polje has no special programme for the registration of unregistered members of minority communities. Most of the settlements where Roma, Ashkali and Egyptian communities live are informal, due to lack of property deeds. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks In our municipality the settlements where Roma, Ashkali and Egyptian communities live are generally regarded as informal. This is due to the fact that sale of land mostly happens through an oral agreement rather than legally bounding one. HLC Kosovo interview MCO office, July 2013 High unemployment rates and lack of property deeds serve as problems for the members of the Roma, Ashkali and Egyptian communities. The municipal administration has neither the obligation nor the desire to get involved in ownership disputes, though they have made it clear that they are ready to support members of Roma, Ashkali and Egyptian communities in all issues related to the municipality.
20 Information and Awareness The MCO staff in Fushë Kosovë/Kosovo Polje were involved in drafting the Strategy for the Integration of Roma, Ashkali, and Egyptian Communities for the 2009-2015 period. The CC is also well informed on the standards and priorities of this strategy. The MCO officials believe that it is vital to organize debates and inform communities on what the strategy is about. MCO is open for all citizens to come and address their problems and concerns. The MCO officials instruct and advise them on how to proceed with their complaints. The MCO in Fushë Kosovë/ Kosovo Polje cooperates closely with civil society as well as with international and local organizations. MCO keeps communication with members of Roma, Ashkali and Egyptian communities through various NGOs and by holding both public and private meetings with minority representatives. They have worked with OSCE, UNICEF, Cultural-Youth Center, Balkan Sun-Flower and ECMI Kosovo on various projects and awareness campaigns.
MUNICIPALITY OF GJAKOVA/ ĐAKOVICA The municipality of Gjakova/ Đakovica covers a territory of 521 square kilometers. According to Kosovo Agency of Statistic Gjakova/Đakovica has a population of 96,071 inhabitants 26. Albanians constitute the overwhelming majority, minority communities living in Municipality of Gjakova/ Đakovica are Serbs (17), Roma (738), Ashkali (613), Egyptian (5,117), Bosniaks (73), Gorani (13) and Turks (16) 27. According to the Municipal Officials minority communities have no security related problems. The municipal leadership claims it has played a crucial role in their return by supporting and facilitating this process. However, in order to fully integrate community members at all levels of the society, a lot more remains to be done especially in terms of employment and education. The employees in the Municipality are as follows: four (4) Egyptian in Civil service, one (1) political representative (Vice chairperson of municipal assembly), two (2) Egyptian, one (1) Ashkali and one (1) Roma in the MCO in Municipality of Gjakova/ Đakovica. On December 26, 2008 the Municipal Assembly of Gjakova/ Đakovica adopted the statute of the municipality. This statute guarantees the use of official language in communication with municipal bodies in line with the Law on the Use of Languages. The statute foresees the establishment of permanent committees and other committees. The Community Committee (CC) is one of the permanent committees of the municipality. The CC is comprised of assembly members and community representatives. Each community living in the municipality is represented with at least one representative 28. There are seven (7) appointed members of the CC in the municipality of Gjakova/Đakovica. 29 Committee holds monthly meetings. According to the MALG report 30, from January to June 2013 this committee held four (4) meetings. The committee is in charge of monitoring the implementation of legislation, sub legal acts and other policy documents regulating minority rights in Gjakova/ Đakovica municipality. Community Committee also reviews requests and complaints submitted by citizens of minority communities and presents them to respective municipal directorates and other municipal institutions. In addition to this, the committee provides recommendations to the Assembly on measures that should be undertaken in order to implement applicable legislation and improve the status of minorities in Gjakova/ Đakovica 31. 21 Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks In the majority of cases, requests and complaints made by citizens relate to reconstruction of houses, road infrastructure, electricity and education. 26 http://esk.rks-gov.net//, Census April 2011 27 Number of Communities living in Municipality of Gjakova/ Đakovica - MCO 28 Municipality of Gjakova/ Đakovica Statute, Article 35 29 Nevruz Nevru Tafoshi (IRDK), ( RDK), Ali Gashi (IRDK), ( RDK), Zenel enel Zenunaj enunaj (PDAK), Arif Cërmjani rmjani (PRBK), Agneta Bytyqi Byty i (LDK), Ilfeta lfeta Jakupi (BSDAK), Saranda Hyseni (AAK) 30 MALG report - On n functionality of municipal assembly - January - June 2013 31 Municipality of Gjakova/ Đakovica Statute, Article 35.1, 35.2
22 The mandate of the Municipal Community Committee is to monitor the respect of minority rights and review the requests and complaints coming from minority communities. This body meets once a month. CC also provides recommendations to the Assembly on how to solve different problems of minorities and how to implement regulations concerning minority rights. A.B. Head of municipal Office of Communities in Gjakova/Đakovica HLC-Kosovo Interview, July 2013. Municipal Office of Communities (MCO) The statute of municipality regulates the MCO mandate and function 32. By statute, this office is responsible for promotion and protection of minority rights, equal access of minorities to the public services at municipal level and promoting anti discrimination principles. There are five (5) employees working at the MCO 33. One (1) Albanian, two (2) Egyptians, one (1) Ashkali and one (1) Roma. The mandate of the office is to cooperate with all directorates of the municipality in order to protect and promote minority rights through various activities. This office drafts its local Action Plan every year covering the area of education and awareness campaigns aiming at the inclusion of Roma, Ashkali, and Egyptian children in schools. Our office has managed to create equal access for all communities in public services, has eliminated informal settlements, has solved the problem of housing for residents of the Koloni, has managed to activate the active citizenship of young people in the community, has managed to approve and begin the implementation of local Action Plans for the Integration of Roma, Ashkali and Egyptian communities in Gjakova. Furthermore we have managed to support the activities of the community center, as well as supporting the opening of Radio Prosperity as Egyptian community radio which in its online mode broadcasts programs in Roma language as well. A.B. Head of municipal Office of Communities in Gjakova/Đakovica HLC-Kosovo Interview, July 2013. Budget and Local Action Plan Municipality of Gjakova/Đakovica has an Action Plan for the integration of Roma, Ashkali and Egyptian communities and a small budget has been allocated for this purpose. The drafting of local action plan in 2009, and revision of it in 2012 was supported by KFOS. All MCO staff members are informed about the Strategy and the Action Plan. Action Plan for the Municipality of Gjakova/Đakovica focuses mainly on education, health care, culture and media. The allocated budget for the implementation of the Action Plan is used in education projects. At the local level MCO, CC and a working group direct their efforts towards monitoring the implementation of the local Action Plan. The budget helps support projects aimed at education, such as the centre for community support for the maintenance of pre-school activities and help with homework and other educational activities. The budget furthermore supports projects such as launching of a local radio for Egyptian communities, launching of news programs in Roma language, infrastructure projects, health, etc. A.B. Head of municipal Office of Communities in Gjakova/Đakovica HLC-Kosovo Interview, July 2013. 32 Municipality of Gjakova/ Đakovica Statute, article 48 33 Structure of the MCO o ce - Chief of o ce, coordinator for sustainable return, coordinator for rights and reintegration, o cer for sustainable return and o cer for rights and reintegration.
Strategy, action plan and also the municipal statute that has information regarding the responsibilities of the office in protecting and promoting the rights of minority communities, and municipal regulation for MCO - Nr 02/2010 are among the documents which are used by the MCO in addressing the needs of the Roma, Ashkali and Egyptian communities. 23 The budget is usually planned by MCO or the Chief of the office for salaries, daily payments, goods and services and subsidies. Capital investments are managed by municipal directorates. Total yearly budget amounts to 63,500.00 EUR, salaries and per diem 20, 500.00EUR, goods and services 18, 000.00EUR and subsidies 25,000.00EUR. With the allocated budget, MOC supports Roma, Ashkali and Egyptian communities by providing various services in infrastructure and other activities. Different projects are also supported by the Municipality where it acts as a co-founder. A.B. Head of municipal Office of Communities in Gjakova/Đakovica HLC-Kosovo Interview, July 2013. Property rights and informal settlements The municipality of Gjakova/Đakovica has no programme for registration of unregistered persons who have fled and lived elsewhere after the war and have recently returned to Kosovo. MCO has prepared an information leaflet with instructions on how to register. There are currently three (3) multi-ethnic informal settlements in the Gjakova/Đakovica municipality. Koloni/Koloni has one informal settlement, Dardania/Dardani has also one informal settlement, and another such settlement is located in Brekoc/ Breko. Members of the Roma, Ashkali and Egyptian communities make up the majority of inhabitants in informal settlements, though there are also members of other communities living there, including Albanians. Living conditions in these places are very poor. The municipality is preparing to legalize these settlements. In this regard it has allocated four hectares of land for building houses for all inhabitants living in these informal settlements. Many returnees of the Roma, Ashkali and Egyptian communities in Gjakova/Đakovica, like those in Peja/Peć, lack a property deeds which prevents them from enjoying their own possessions. While the municipal administration has shown readiness to assist members of these communities in all possible ways, it says that it can do very little when it comes to documents which prove property ownership. Strategy for integration of Roma, Ashkali and Egyptian communities Reality or fireworks We are working to legalize informal settlements in our municipality. Municipality has allocated four hectare of land to build houses for citizens that live in informal settlements and hopefully we will soon begin construction of houses. The living conditions in these settlements are unbearable. On the other hand, members of Roma, Ashkali and Egyptian communities lack original property documentation. A.B. Head of municipal Office of Communities in Gjakova/Đakovica HLC-Kosovo Interview, July 2013.