Attachment 8_Mapping of Community Justice Needs_Justice Matters Activity 2019.pdf

December 2019

Submitted to USAID/Kosovo by the National Center for State Courts. The U.S. Agency for

International Development Justice Matters activity in Kosovo is implemented by the National Center for State Courts under USAID Contract number 72016718C00002.

JUSTICE MATTERS

MAPPING OF COMMUNITY JUSTICE NEEDS

JUSTICE MATTERS

MAPPING OF COMMUNITY JUSTICE NEEDS

TABLE OF CONTENTS

TABLE OF CONTENTS 3

ACRONYMS 4

A. EXECUTIVE SUMMARY 5

B. BACKGROUND AND CONTEXT 7

C. METHODOLOGY 10

D. METHODOLOGY 12

1. Common Legal Problems 12

2. Access to Information 13

3. Dispute Resolution 14

4. Awareness and Trust 17

5. Impact of Economic Situation 19

6. Impact of Age 21

7. Regional Patterns 24

E. PROFILES OF JUSTICE SEEKERS 27

1. Poor / Low Income 27

2. Women 28

3. Disability 29

4. LGBTI 30

5. Ethnic Minorities 31

F. 2018-2019 TRENDS 35

G. CONCLUSIONS 38

H. RECOMMENDATIONS 41

ANNEX 1 – SURVEY QUESTIONNAIRE 44

ANNEX 2 – KEY INFORMANT INTERVIEWS AND FOCUS GROUP DISCUSSIONS 49

ANNEX 3 – INDEX OF CHARTS AND TABLES 50

ANNEX 4 – MAPPING OF COMMUNITY JUSTICE NEEDS 2019 INFOGRAPHIC 51

ACRONYMS

ACA Anti-Corruption Agency

CSO Civil Society Organization

ECMI European Center for Minority Issues

FGD Focus Group Discussions

FLAA Free Legal Aid Agency

HLC Humanitarian Law Center

JSSP [USAID] Justice System Strengthening Program

KBA Kosovo Bar Association

KII Key Informant Interviews

KLI Kosovo Law Institute

NCSC National Center for State Courts

OSCE Organization for Security and Co-operation in Europe

RAE Roma, Ashkali, and Egyptian [communities]

UNDP United Nations Development Programme

USAID U.S. Agency for International Development

A. EXECUTIVE SUMMARY

The Justice Matters activity is a three-year initiative funded by the U.S. Agency for International

Development (USAID) and implemented by the National Center for State Courts (NCSC) to improve access to justice for all, inclusive of disadvantaged and marginalized groups, by strengthening the institutions, actors, and processes for providing legal aid services and legal information. Despite constitutional guarantees of free legal aid, Kosovo’s citizens struggle to connect to legal aid resources and information. Low levels of legal literacy and a lack of effective access to justice are most acute in Kosovo’s most vulnerable communities: women, non-majority communities, low-income citizens, and the LGBTI community. This mapping identifies the most pressing legal aid needs of Kosovo’s citizens and the groups most in need of legal information and assistance.

The Justice Matters Mapping of Community Justice Needs analyzes and prioritizes legal aid and legal information needs of Kosovo’s citizens and identifies the groups and communities most in need of additional resources, information, and assistance. Conducted annually, the Mapping is designed to inform the Justice Matters activity and programming from other development partners on how to support

Kosovo’s citizens and communities in accessing legal aid and how to prioritize the dissemination of legal information. This is the second iteration of the Mapping.

Research was conducted between July and October 2019 by a team of field researchers coordinated by

Justice Matters Chief of Party and analyzed with the support of Justice Matters Monitoring, Evaluation, and

Learning Advisor. Justice Matters administered a questionnaire with 345 citizens from Kosovo’s seven (7) regions—Pristina, Prizren, Gjakova, Peja, Gjilan, Mitrovica, and Ferizaj—and conducted key informant interviews (KII) and focus group discussions (FGD) to collect information on common legal problems, access to legal information, dispute resolution, and trust in legal and judicial actors. Fourteen (14) KIIs were conducted with justice sector actors and civil society activists involved in the provision of legal aid to obtain important information from practitioners on their insights and experiences. In addition, two (2)

FGDs were held with Free Legal Aid Agency (FLAA) regional staff and with representatives of the communities targeted by the survey. The survey population included 174 women and 171 men. 194 survey responses came from Kosovo’s Albanian majority and 151 responses from non-majority communities.

The 2019 Mapping indicates continuity from 2018 results in information habits and dispute resolution strategies of Kosovo citizens, although increases were recorded in the areas of dispute prevalence (91%, up from 85%), likelihood of action (68%, up from 63%), and achievement of justice outcomes

(improvement in resolution rate and decrease in abandonment rate). Common legal problems have changed both in terms of perception, with an increase in perceived seriousness of domestic violence and property disputes, and in experience, with a containment of social welfare disputes to the most marginalized communities and increase in theft, especially among the Serb community. Perceived severity of disputes decreased between 2018 and 2019, which, along with the containment of social welfare disputes and decreases in abandonment rates, may indicate greater resilience among communities.

Significant shifts were recorded in the reasons given by justice seekers who experienced a legal problem and did not take action, with loss of faith in the ability to obtain remedies (disbelief that it would make a difference and disbelief in a fair outcome) rising significantly compared to lack of information and lack of money, except among Roma and Ashkali communities. Awareness levels decreased, but trust indicators trended upward, suggesting opportunities to offset the loss of faith with increased information connecting citizens to providers. This is further reinforced by the high satisfaction levels expressed by justice seekers who accessed services provided by the FLAA.

The findings of the surveys and interviews identify priority areas for legal aid services in administrative

(social welfare) disputes, domestic violence, theft, and labor and property disputes. Access to legal information among women and the Ashkali and Roma communities was also identified as a priority area.

Finally, disillusionment of justice seekers from vulnerable groups and communities exacerbates gaps in access to legal information and representation among Kosovo’s most vulnerable groups and communities.

Based upon these findings, recommendations focus on expanding access to legal information and legal aid services, improving the quality of legal representation received through legal aid providers, and increasing the trust in Kosovo’s legal aid and justice sector institutions. Recommendations to address the needs of underserved groups and communities are:

● Engage both traditional media and CSO networks to tailor legal information campaigns with target constituencies to improve access to quality legal information.

● Expand the reach and citizen awareness of the FLAA and expand legal aid services provided through

CSOs and university legal clinics to improve access to free legal aid services.

● Improve the quality of free legal aid services provided to Kosovo’s citizens and underserved groups and communities.

● Address the disillusionment of justice seekers which is resulting in disengagement from the judicial process and lack of action to advance towards a resolution by highlighting the high satisfaction levels reported by users, encouraging peer exchanges with former users, and publicizing positive outcomes received by users of legal aid and the judicial process.

B. BACKGROUND AND CONTEXT

General

As of December 2018, the population of Kosovo was 1.8 million1, with women representing approximately half of the population and a majority (55.6%) of citizens under the age of 30. Estimated from data collected by the Organization for Security and Cooperation in Europe (OSCE) and the European Center for

Minority Issues (ECMI), the ethnic composition is 87% Albanians, 8% Serbs, and the remaining 5% of the population is made up of other communities, including Turkish, Bosniak, Gorani, Roma, Ashkali, Egyptian, Croat, and Montenegrin communities.2 Unemployment is high (31%), especially among youth (57%), and trending upward compared to 20173. Women were not economically-active in significantly higher percentages than their male counterparts. In 2018, only 12% of women were employed, compared to 45% of men.4 The Kosovo Statistics Agency reports than men earn on average 5.9% more than women. Certain ethnic communities are also disproportionately affected. The unemployment rate among the Roma community stands at 60%, with an estimated income of 119 euros a month.5 Similarly, unemployment rates within the Ashkali and Egyptian communities stand at 60% and 80%, compared to approximately 38% among Serb, Turkish, and Bosniak communities. In addition to high unemployment, Roma, Ashkali, and

Egyptian communities were disproportionately affected by school dropout and early marriage, further limiting their economic opportunities.6

The Constitution guarantees the right to free legal assistance for those without sufficient financial means if such assistance is necessary to ensure effective access to justice. Under the Law on Free Legal Aid

(2012),7 all citizens and residents of Kosovo are eligible for free legal aid provided they meet certain financial and legal criteria. According to the United Nations Development Program (UNDP), in 2017, 3,288 people benefited from legal aid services, out of whom 13% were from minority groups and 49% were women.8 In 2018 the number increased to 4,924 cases according to FLAA records showing increased utilization of the Agency’s services. Access to justice is particularly low among the most socio-economically disadvantaged ethnic communities, with Roma and Ashkali communities typically showing low levels of legal literacy or legal action. According to the Humanitarian Law Center Kosovo (HLC

Kosovo), the number of cases involving a member of a non-majority ethnic community increases year by year. This mainly relates to non-contentious procedures and inheritance matters, the most common cases in courts. The number of criminal cases involving a member of a non-majority community are relatively constant.9 Despite the efforts of civil society organizations (CSO) to provide information about free legal aid to marginalized groups, the lack of information remains a major issue within non-majority communities.

Non-majority ethnic communities are also affected by institutional and societal barriers that include poor or lack of translation services in proceedings before the courts, limited numbers of non-Albanian staff, 1 Kosovo Agency of Statistics, ‘Evaluation of Population 2018’, Available in Albanian at: http://ask.rks-gov.net/media/4892/vler%C3%ABsimi-i-popullsis%C3%AB-2018.pdf.

2 European Center for Minority Issues, ‘Communities in Kosovo: A guidebook for professionals working with communities in Kosovo’, Available at:

http://www.ecmikosovo.org/uploads/ECMIKosovoDec2013GuidebookforProfessionalsENG.pdf. Official ethnic data is incomplete due to the boycott of the 2011 census by Serb-majority populations in North Kosovo.

3 In 2017, unemployment was recorded at 29% overall and 54% among youth.

4 GAP Institute, ‘Employment and representation of women in Kosovo’, Available in Albanian at:

https://www.institutigap.org/documents/27857_Raporti%20statistikor%20per%20punesimin%20e%20grave.pdf 5 UNDP, ‘Kosovo Human Development Report 2012: Private sector and employment’. – As terms for comparison in the framework of Kosovo, consider: average monthly salary per person in Kosovo in general is 260€, the lowest in the region after Albania; unemployment among Albanians is rated 47.02%.

6 Koha Ditore, September 29, 2019 (page 3).

7 Law No. 04/L-017 on Free Legal Aid, Available at: https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803.

8 UNDP, Achievements Report 2017, available at:

http://www.ks.undp.org/content/dam/kosovo/docs/ResearchAndPublications/UNDP-AchievementsReport2017-ENG- INTERACTIVE.pdf.

9 Humanitarian Law Center Kosovo, ‘Assessment of Minorities’ Access to Justice in Kosovo Report 2010’, available at:

http://www.hlc-kosovo.org/wp-content/uploads/2018/07/Izvestaj_pristup_pravdi_stampa-eng.pdf.

http://ask.rks-gov.net/media/4892/vler%C3%ABsimi-i-popullsis%C3%AB-2018.pdf http://ask.rks-gov.net/media/4892/vler%C3%ABsimi-i-popullsis%C3%AB-2018.pdf http://www.ecmikosovo.org/uploads/ECMIKosovoDec2013GuidebookforProfessionalsENG.pdf https://www.institutigap.org/documents/27857_Raporti%20statistikor%20per%20punesimin%20e%20grave.pdf http://hdr.undp.org/sites/default/files/khdr2012-eng.pdf https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803 http://www.ks.undp.org/content/dam/kosovo/docs/ResearchAndPublications/UNDP-AchievementsReport2017-ENG-INTERACTIVE.pdf http://www.ks.undp.org/content/dam/kosovo/docs/ResearchAndPublications/UNDP-AchievementsReport2017-ENG-INTERACTIVE.pdf http://www.hlc-kosovo.org/wp-content/uploads/2018/07/Izvestaj_pristup_pravdi_stampa-eng.pdf http://www.hlc-kosovo.org/wp-content/uploads/2018/07/Izvestaj_pristup_pravdi_stampa-eng.pdf inconsistency between Kosovo-Albanian and Serbian versions of legislation, and the lack of a fully functional judiciary in northern Kosovo, despite considerable progress made in the Basic Court of

Mitrovica.10

Trust and Satisfaction

Despite making notable progress, judicial institutions in Kosovo continue to show a lack of efficiency in solving cases, with low accountability by court officials. According to the Kosovo Judicial Council, in 2018, there were 152,495 civil and criminal cases waiting for judicial review.11 Over 74,505 measures imposed by judicial decisions were expected to be executed.12 Corruption in public institutions is considered endemic. As of June 2018, Kosovo's Special Prosecution Office had received 44 cases from the Kosovo

Anti-Corruption Agency (ACA).13 Convictions on corruption charges continued to represent a small proportion of those investigated and charged, with the ACA receiving 160 allegations for corruption.

CSOs reported that indictments against senior public officials failed as a result of alleged mishandling by the judiciary, including prosecutors filing incorrect charges or making procedural errors. This has resulted in very few corruption complaints against senior officials resulting in indictments. The public perception of endemic corruption is compounded by the lack of access to public documents. While Kosovo has a law on access to public documents, CSOs and the media still struggle to secure access to this information.

The right of access to public information is undermined by the authorities’ fragmented implementation of relevant legislation14. These factors affect citizen trust in their judicial institutions and their ability to provide effective remedies.

Citizen satisfaction with the judiciary increased but remains low. According to Public Pulse, only 37.9% of

Kosovo citizens are satisfied with the courts (up from 31.2% in June 2018) and only 31.2% are satisfied with the work of the Prosecutor’s Office (up from 29.9% in June 2018). The satisfaction levels with the

Prosecutor’s Office are the lowest when compared to all other institutions, especially with non-majority communities, where dissatisfaction rates are significantly higher. This suggests that loss of trust in the rule of law and governance has influenced the overall satisfaction levels with all other institutions.15

Dissatisfaction also extends to individuals working within the court system such as lawyers. A survey conducted by the USAID Justice System Strengthening Program (JSSP) and D+ revealed that lawyers are displeased with the often-long process to settle cases. Civil cases can take twelve to twenty-four months to complete and criminal cases can last from six to twelve months largely because of delays and procedural errors by the courts. In addition, 13% of the lawyers who responded to this survey said that they have been asked for a bribe by a judge, court employee, or an intermediary of the court employee acting on behalf of another. However, the same report suggests that the lawyers also contribute to the public dissatisfaction, mainly through adjuring court hearings and ex parte communication practices. The combination of public dissatisfaction and dissatisfaction from within the legal system creates an atmosphere that continually erodes trust in judicial institutions across the country.16

Shifts in crime and migration

10 Group for Legal and Political Studies, Going South? Integration of Serb Judges and Prosecutors from the north into the Kosovar Justice System https://www.legalpoliticalstudies.org/wp-content/uploads/2018/11/FINAL-REPORT-Integration.pdf 11 Kosovo Judicial Council, Available in Albanian, Courts Statistical Report for 2017, at:

https://www.gjyqesori-rks.org/wp-content/uploads/reports/Raporti_vjetor_statistikor_per_vitin_2018_mbi_punen_gjykatave_Shq.pdf.

12 Ibid.

13 Department of State, Kosovo 2018 Human Rights Report, available at: https://www.state.gov/wp-content/uploads/2019/03/KOSOVO-2018-HUMAN-RIGHTS-REPORT.pdf 14 European Commission, Progress report 2019, available at: https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529-kosovo-report.pdf.

15 UNDP, Public Pulse XIV, November 2018, available at: http://unkt.org/public_pulse/court/.

16 “Quality of Services Provided by Kosovo Basic Courts: As Evaluated by Lawyers” http://www.dplus-ks.org/wp-content/uploads/2018/08/Report-2-2018-07-18-Report-on-Survey-with-Lawyers- ENG_format-brand.pdf.

The media reports significant increases in theft and violent crime, with theft now one of the most common criminal offences. Kosovo Police data reveals that bank robberies doubled, from 8 in 2017 to 15 in 2018.17

Theft has received media and public attention, becoming a common phenomenon. On average, there are

14 houses robbed every day.18 In the first six months of 2019, there were 12 murders, mostly due to property disputes.19 According to a report by the Council for the Defense of Human Rights and Freedoms, crime due to property disputes could be avoided if Kosovo courts were more efficient in prioritizing these cases.20

This worrying trend in violent crime has been connected to the economic situation and low respect for

Rule of Law standards, which in the long term remains the most effective tool against criminal behavior.

High unemployment rate, lack of opportunities, and weak labor rights have caused many youths to migrate to Western countries, both legally or illegally. While illegal migration dropped from 122,520 in 2015 to

9,175 in 2018, the number of work visas issued by the different EU Embassies in Kosovo has risen significantly.21 This has led to a financial dependency of low-income citizens on members of their families residing abroad, suggesting a lesser need for social assistance. Furthermore, due to the high number of youths seeking opportunities abroad and the endemic corruption, Foreign Direct Investments suffered a significant decline during 2018 according to the Central Bank of Kosovo, also influencing the economy.2223

Challenges to the Legal Aid System

In 2017, a study conducted by NCSC with the Kosovo Law Institute (KLI) pointed to insufficient funding as one of the key challenges to legal representation for citizens in both criminal and administrative law disputes.24 Out of 667 defendants in the cases monitored by KLI, 457 (68.51%) did not have legal representation. The KLI report documented lawyer representation in criminal hearings and tracked whether hearings were held as scheduled or adjourned. High rates of adjournments (39.1% of hearings monitored) and unrepresented defendants (68.5% of defendants in 524 hearings were unrepresented) were recorded in criminal hearings. For those criminal defendants who had representation, 25% (32) were represented by an ex-officio lawyer. This analysis further confirms chronic legal representation gaps undermining the principle of equality of arms and violating the rights of defendants in criminal cases.

Another report conducted by NCSC and KLI confirmed challenges and deficiencies identified via monitoring and flagged additional issues of concern in the conduct of hearings in administrative disputes, including the lack of proper legal representation.25

17 Osservatorio Balcani e Caucaso Transeuropa, “Kosovo: robberies and violent crimes on the rise” https://www.balcanicaucaso.org/eng/Areas/Kosovo/Kosovo-robberies-and-violent-crimes-on-the-rise-192124.

18 Zëri: “Cdo dite vidhen nga 14 shtepi ne Kosove” https://zeri.info/kronika/190126/cdo-dite-vidhen-nga-14-shtepi-ne-kosove/.

19 Telegrafi: Dymbëdhjetë vrasje në gjashtë muaj, disa prej tyre për shkaqe pronësore – pse po ndodhin ato?

https://telegrafi.com/dymbedhjete-vrasje-ne-gjashte-muaj-disa-prej-tyre-per-shkaqe-pronesore-pse-po-ndodhin-ato/?fbclid=IwAR1kNSDDK6uVs3j_gALv6WDsU_Vm6hEm3wXelGuZqxw-gqD3fs1CnkC7UKM.

20 KMDLNj për tragjedinë në “Mati 1” fajëson gjykatat që po neglizhojnë kontestet pronësore https://telegrafi.com/kmdlnj-per-tragjedine-ne-mati-1-fajeson-gjykatat-qe-po-neglizhojne-kontestet-pronesore/.

21 BIRN: Leaving Kosovo: Legal Migration Upsurge Causes Depopulation Fears https://balkaninsight.com/2019/04/25/leaving-kosovo-legal-migration-upsurge-causes-depopulation-fears/.

22 Central Bank of Kosovo, “Annual Report 2018” https://bqk-kos.org/repository/docs/2018/CBK-AR-2018.pdf.

23 The Vienna Institute for International Economic Studies, “Kosovo’s problem with foreign direct investment” https://wiiw.ac.at/kosovo-s-problem-with-foreign-direct-investment-n-339.html.

24 Kosovo Law Institute, Legal Aid in Criminal cases and application of European Court of Human Rights Standards in Kosovo Courts, available at: file:///C:/Users/Botek/Downloads/FLA-final-report_Eng_KLI.pdf.

25 Kosovo Law Institute, Effective Legal Remedies in Administrative Justice, available at:

file:///C:/Users/Botek/Downloads/3.-Final-Admin-Report_English-Version.pdf.

https://zeri.info/kronika/190126/cdo-dite-vidhen-nga-14-shtepi-ne-kosove/ https://zeri.info/kronika/190126/cdo-dite-vidhen-nga-14-shtepi-ne-kosove/ https://balkaninsight.com/2019/04/25/leaving-kosovo-legal-migration-upsurge-causes-depopulation-fears/ https://wiiw.ac.at/kosovo-s-problem-with-foreign-direct-investment-n-339.html about:blank about:blank

C. METHODOLOGY

The methodology of the Mapping of Community Justice Needs incorporated a mixed methods approach, using both quantitative and qualitative research. A survey was conducted to collect data on perceptions and experiences of legal disputes, access to legal information, and dispute resolution strategies. Binary questions were used to determine legal problems faced, legal information sought, or legal action taken.

Multiple choice questions with fixed options and one open-ended option were used to identify perceptions and experiences of legal disputes, access to legal information, and dispute resolution strategies. Questions using a psychometric five-point Likert scale were also used to measure the levels of satisfaction or knowledge of respondents. After an initial test in August 2018, the survey questionnaire was adjusted in consultation with the FLAA in November 2018 for the second iteration of the mapping. Revisions to the survey questionnaire were based on actual experience of user needs and intended to provide greater detail regarding legal problems, dispute resolution strategies, and awareness, trust, use, and satisfaction patterns. The complete survey questionnaire is included in English as Annex 1.

Qualitative research tools, including key informant interviews (KIIs), supplemented the data collected through the questionnaire. The KIIs were conducted using pre-determined questions and guidelines. In

August and September 2019, the Justice Matters Team conducted a total of fourteen (14) KIIs with FLAA

Legal Department Director and Regional Officers, the Ombudsperson, and representatives of CSOs providing legal aid services. In addition, two (2) FGDs were conducted in October with FLAA regional staff and representatives of the sub-groups targeted by the survey to validate key findings and to further analyze trends, similarities, and differences across sub-groups and over time. A complete list of interviews and FGD conducted is included in Annex 2.

Survey Sample

The survey was administered in all of Kosovo’s seven regions—Pristina, Peja, Gjakova, Prizren, Gjilan, Ferizaj, and Mitrovica—to ensure broad geographic coverage and up from five regions in the 2018 survey.

Regional selection was based on the location of Free Legal Aid Offices and universities hosting live legal clinics. A total of 345 responses were received. Respondents included 174 women and 171 men and 194 members of the Albanian ethnic majority community and 151 members of six ethnic minority communities—Serb, Ashkali, Egyptian, Roma, Bosniak, and Turk. Charts C.1 below provide an overview of the survey breakdown by gender, ethnicity, and region.

Charts C.1: Survey Sample—Gender, Ethnicity, Region

Respondents from the majority Albanian community were randomly selected through street interviews in the municipalities targeted for the survey. The random street selection provided a diverse sample in terms of income levels, with 25% reporting a household income less than 200 Euros (down from 32% in the

2018 survey) and 34% between 200 and 400 Euros. Ethnic minorities were targeted in the areas where they live as identified in the mapping of communities done by ECMI.26 The enumerators traveled to pre-

26 ECMI mapping available at http://www.ecmikosovo.org/en/Community-Profiles.

http://www.ecmikosovo.org/en/Community-Profiles identified minority community areas and selected respondents randomly by targeting every third house or on the streets. Men and women were targeted in similar proportions for both majority and minority communities. In addition, two sub-groups were specifically targeted based on special needs (disability) and sexual orientation. For these two sub-groups, sampling was done by referral from specialized CSOs providing services to these vulnerable sub-groups.

Research Limitations

Survey sampling is not statistically representative of Kosovo’s population across ethnicity and regions.

Ethnic minorities were specifically targeted in communities where they live, and the small sampling of individual communities does not allow for regional comparisons or disaggregation by gender, socioeconomic status, or other non-ethnic parameters within the sample. Justice seekers with special needs and the LGBTI community were specifically targeted through CSOs, which may have skewed upward the percentage of respondents who had experienced legal disputes, sought information, or acted to resolve them. The random selection of respondents from the majority community was conducted on the street in target municipalities. While the survey sample was representative in terms of gender and socio-economic distribution, only a few older (over 60) respondents participated, resulting in underrepresentation of this age group in the survey sample. The survey seeks to disaggregate findings by gender, socio-economic status, age, ethnicity, among other identifying factors, however, respondents often belong in multiple disaggregated categories. This mapping does not address how these various identifiers interact or address how identity may inform perceptions but seeks to provide a snapshot of what those perceptions are. Additionally, surveys largely sought information on respondents’ perceptions which may have skewed data and feedback related to well publicized events/trends. Specifically, responses related to theft and domestic violence legal disputes may have been skewed by increased media reporting and CSO mobilization on the topics.

Despite these limitations, the survey responses provide a valuable snapshot of patterns of legal disputes and strategies for access to information and dispute resolution as perceived and experienced across

Kosovo’s communities and vulnerable sub-groups. These patterns, and the conclusions that can be drawn from them, were confirmed and validated through the key informant interviews. As such, the mapping provides a sound basis to prioritize assistance to increase legal literacy and ability to pursue justice outcomes for Kosovo’s communities and vulnerable sub-groups.

D. METHODOLOGY

This section provides an overview of findings on the justice needs of Kosovo citizens and communities based on responses and key informant interviews.

1. Common Legal Problems

Respondents were asked to identify the most serious legal problems from a menu of twelve fixed and one open-ended option. The five most serious problems were identified as disputes related to domestic violence (32%), property (27%), accidents (20%), bodily injury (19%), and social welfare (18%). While these five problems were consistently identified as the most serious across communities and vulnerable sub-groups surveyed, marked increases in the perception of seriousness of domestic violence were recorded among some of the most vulnerable categories, especially women and the disabled and LGBTI communities. FGD participants confirmed that recent information campaigns, combined with an increase in media coverage of domestic violence and legal issues related to property, have contributed to increased recognition of the severity of these legal problems27. Notable differences, however, were identified in the determination of the most serious problem, with three main categories: income-related disputes (including social welfare and pension), physical violence (including domestic violence and bodily injury), and property

& theft. Table D.1.1 illustrates these differences.

Table D.1.1 – Most Serious Dispute(s) by Community Communities reporting dispute as most serious

Income-related

Disputes (Social

Welfare, Pension)

Low-income (under 200) (social welfare 20%)

Egyptian (social welfare 60%), Roma (24% social welfare) communities

Disabled (social welfare 40%, pension 35%)

Physical Violence

LGBTI (domestic violence, 67%; bodily injury, 53%)

Disabled (domestic violence, 55%; bodily injury 60%)

Women (domestic violence, 40%)

Low-income (under 200 Euros) (domestic violence, 25%)

Domestic violence also highest among Albanian (37%), Serb (56%), Ashkali (36%) communities

Property & Theft

Men (property, 34%)

Bosniak (property, 38%), Turk (property, 32%), Serb (theft, 28%), Ashkali (theft (24%) communities

In the last four years, 91% of respondents have experienced one or more legal disputes, up from 85% in

2018. The five most commonly experienced legal disputes were identified as disputes related to property

(18%), labor (14%), theft (14%), accidents (13%), and social welfare (12%). The focus group with FLAA legal officers, confirmed these disputes as the most common legal problems experienced by legal aid beneficiaries.28 Results show a correlation between direct experience with legal disputes and perception of the most serious legal problems, except regarding domestic violence which is perceived as the most serious by 32% of respondents but was experienced as a legal problem by only 5%. This difference may be explained by the low level of reporting of domestic violence, meaning individuals who experience domestic violence do not seek legal remedies. Key informants from Femrat Aktive të Gjakoves and Norma both highlighted domestic violence as a common legal problem among women, especially among the Roma, Ashkali, and Egyptian communities.29 Survey results indicate higher than average levels of experience of domestic violence among the Serb (18%) and LGBTI (30%) communities.

Overall, 48% of respondents reported their dispute as having significantly or severely affected their lives.

The level of seriousness was perceived as higher by individuals who experienced disputes related to

27 Focus Group held with FLAA legal officers, held in September 11, 2019 and Focus Group held with representatives of the communities targeted by the survey, held on October 25, 2019.

28 Focus Group held with FLAA legal officers, held in September 11, 2019.

29 Key Informant Interview with Ms. Valbona Rizvanolli, Executive Director, Femrat Aktive të Gjakoves, September 3, 2019 and Key Informant Interview with Ms. Valbona Salihu, Executive Director, Lawyer’s Association NORMA, September 4, 2019.

adoption (100%), pension (67%), social welfare (57%), bodily injury (54%), and domestic violence (53%).

Social welfare disputes were experienced at higher rates among low-income (under 200 Euros) respondents (24%) and the Ashkali (16%), Roma (24%) and Egyptian (46%) communities. These communities also experienced their dispute more severely than other communities. By contrast, property disputes and theft were more prevalent among the Serb community (36% & 27%), domestic violence and harassment among the LGBTI community (30% & 20%), property disputes among the Bosniak community

(35%), and pension disputes among the disabled (20%) and Turk community (16%). Theft was also significantly higher than the survey average among high-income (above 1,000 Euros) respondents (21%), although lower than among the Serb community (27%), suggesting a specific targeting of their property30.

These differences are illustrated in Table D.1.2 below.

Table D.1.2 – Patterns of Legal Disputes by Selected Vulnerable Sub-Groups Women Low-income Disabled Roma Serb LGBTI

Most frequent legal dispute

(first)

Theft 15% Social welfare

24% Pension 20%

Social welfare

24%

Property

36%

Domestic

Violence 30%

Most frequent legal dispute

(second)

Labor 14% Theft 13% Public

Services 15%

Public services

12% Theft 27%

Harassment, Discrimination

20%

Seriousness of legal disputes

High/Severe

50%

High/Severe

84%

High/Severe

36%

High/Severe

52%

High/Severe

63%

High/Severe

21%

Respondents were also asked to identify the type of legal assistance most frequently needed. The majority

(61%) selected legal advice, followed by legal information (28%), assistance to draft complaints (26%), and legal representation (21%), representing an increased need for advice and information compared to 2018.

These types of assistance and their frequency correlates with answers provided by key informants when asked to describe the type of legal assistance they provide and that their perceived most often needed or requested.31 Table D.1.3 provides an overview of the disputes for which the different types of assistance are most frequently requested.

Table D.1.3 – Disputes by Frequency of Type of Legal Assistance Requested Highest Frequency Second Highest Frequency Third Highest Frequency

Legal Advice Public services (81%) Adoption (80%) Divorce (75%)

Complaint Drafting Adoption (80%) Social Welfare (37%) Labor (36%)

Legal Information Adoption (60%) Domestic Violence (47%) Pension (38%)

Legal Representation Domestic Violence (47%) Bodily Injury (38%) Property (27%)

2. Access to Information

Almost two-thirds of the respondents (68%) who experienced a legal problem took some form of action to address their problem. Action included seeking legal assistance as well as consulting professionals and other sources for legal information or advice. While most respondents went to the police, a lawyer, or a court to obtain both information and assistance, some relied on sources outside the justice community.

These included family and friends (23%), CSOs (4%), online sources (3%), and mass media (2%).

Respondents who did not take action reported lack of access to information on where to seek information or assistance and unsuccessful attempts at obtaining information among the reasons preventing them from taking action. Overall, 20% of respondents who did not take action were impacted by a lack of knowledge of where to go and 7% were unsuccessful at obtaining information. Among the communities and vulnerable sub-groups surveyed, members of the Egyptian (67%) and Serb (50%) communities, low-income (under

200 Euros) respondents (32%), women (23%), and disabled respondents (20%) were most likely to have

30 “…there are recurring incidents of property and livestock theft, which frequently affect Kosovo Serbs, as well as other minority communities. Such incidents, even when they are not clearly ethnically biased, negatively influence the security perceptions of the affected community”, European Commission Kosovo* 2019 Report, pg. 30, available at:

https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529-kosovo-report.pdf.

31 Key Informant Interview, Rrona Berisha, Junior Legal Advisor, GIZ, September 5, 2019.

https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529-kosovo-report.pdf lacked access to information. Additionally, the Serb (75%) and Bosniak (23%) communities were most likely to have been unsuccessful at obtaining information. Based on KIIs, these communities and sub-groups were also identified as among the most disadvantaged when seeking access to justice and legal information32.

Respondents were asked to express their usual and preferred legal information sources. Lawyers were cited as the usual and preferred legal information source by most respondents, 44% and 46% respectively.

The other three main sources of legal information cited were justice institutions (31%), (including courts and the FLAA), family and friends (24%), and the Internet (21%). When asked what their preferred sources of information would be for information on legal remedies, respondents mentioned lawyers (46%) or justice institutions (43%). All sub-groups surveyed, except members of the Ashkali community33, expressed a preference for obtaining legal information from legal professionals or justice institutions as their first choice and, in most cases, their first and second choice. Data collected on preferred legal information sources indicates that citizens would prefer to decrease reliance on family and friends (-50%) or the

Internet (-21%) and instead to have access to more information from justice institutions (+41%). Unlike in 2018, CSOs were not reported as a usual or preferred source of legal information. Chart D.2.1 below contrasts used and preferred information sources. LGBTI respondents (40%), Women (25%), and the

Roma (24%) community also expressed high levels of preference for CSOs.

Chart D.2.1 – Used v. Preferred Information Sources for Legal Information

When asked to rank the frequency of use of four mass media sources—TV, Radio, Newspapers, and

Internet—more than four in five respondents noted that they often or always rely on the Internet (83%) and half on TV (48%) while they rarely or never rely on newspapers (79%) or radio (83%). Internet prevalence is higher among younger respondent groups, with 95% of respondents under 30 reporting that they often or always rely on the internet (“always”, 76%) compared to 63% of respondents under 60.

Conversely, 75% of respondents 60 and older relied often or always on TV while 40% of respondents under 30 never or rarely relied on TV. Non reliance on newspapers and radio was also significantly higher than the survey average among respondents under 30 (85% for newspapers, 93% for radio).

3. Dispute Resolution

More than two-thirds of respondents (68%) who experienced a legal problem took some form of action to seek resolution of their dispute. Low-income (under 200 Euros) respondents (65%) and the Roma

(64%), Egyptian (63%), Ashkali (61%) and LGBTI community (32%) were less likely to take action.

Significant differences were also identified within minority communities. Individuals from the Serb (92%) and Turkish (78%) communities expressed a higher likelihood of action, consistent with 2018 findings. By contrast, low likelihood of action was identified in the Bosniak community (43%), showing a shift from

2018. Likelihood of action was similar among both men (68%) and women (69%). Key informants noted that there is a strong correlation between low levels of education and a low likelihood of action, especially

32 Key Informant Interview, Blend Pira, Project Assistant, Youth Initiative for Human Rights, September 5, 2019.

33 Members of the Ashkali community ranked justice institutions as the second preferred source of information.

among some of the more vulnerable communities.34

To resolve their disputes, most respondents contacted law enforcement (police, 36%), consulted a lawyer

(27%), or went to a justice institution (court, 23%). In addition, 11% of respondents took other actions, with 61% going to a municipal or ministry office to exercise their rights to social welfare benefits, public service, or labor-related issues, and 10% went to the FLAA (compared to 3% in 2018). Dispute resolution strategies are impacted by the type of dispute as illustrated in Table D.3.1 below. Individuals experiencing disputes related to family matters (adoption, divorce), theft, accidents, or domestic violence were more likely to have gone to the police, while those experiencing disputes related to property or labor would have gone to a lawyer, and those experiencing disputes related to bodily injury would have gone to court.

Individuals experiencing pension and inheritance disputes reported having gone to a lawyer or court in equal numbers.

Table D.3.1 – Main Action Taken by Type of Dispute Dispute Prevalence Action Taken: I went to …

The Police A Lawyer Court Family/Friends FLAA

Overall 36% 27% 23% 23% 10%

Property 16% 35% 49% 44% 12% 14%

Labor 13% 9% 22% 13% 22% 17%

Theft 13% 78% 11% 22% 19% 8%

Accidents 12% 59% 12% 21% 32% --

Social Welfare 11% 19% 4% 15% 33% 26%

Public Services 9% 28% -- 22% 33% 6%

Inheritance 8% 19% 19% 19% 13% 13%

Pension 7% 16% 26% 26% 16% --

Domestic Violence 5% 58% 33% 33% 58% 17%

Bodily Injury 4% 33% 22% 44% 44% --

Divorce 4% 60% 40% 40% 20% 30%

Adoption 1% 80% 60% 60% 40% 40%

While 49% of respondents rate their dispute as having had a significant (very high) or severe impact on their life, the level of seriousness did not affect dispute resolution strategies as much as factors of vulnerability and the type of dispute experienced. Dispute resolution strategies chosen by vulnerable groups varied, in part due to differences in the most frequent dispute experienced by these groups.

Individuals from the Roma and LGBTI communities and low-income (under 200 Euros) and disabled respondents went to the police in higher percentages and relied significantly on family and friends.

Conversely, the Serb community (55%), disabled respondents (43%), and men (36%) placed more emphasis on going to a lawyer (43%). Table D.3.2 below provides an overview of dispute resolution strategies of these groups.

Table D.3.2 – Dispute Resolution Strategies of Selected Vulnerable Sub-Groups

Likelihood of action 68% 58% 64% 64% 88% 31%

Main Action

(first) Police 34% Police 41% Lawyer 43% Police 50% Lawyer 55% Police 78%

Main action

(second)

Family &

Friends 28%

Family &

Friends 27%

Family &

Friends 29%

Family &

Friends 50% Police 55%

Multiple answers

Most frequent legal dispute Theft 15%

Social welfare

25% Pension 20%

Social welfare

24%

Property

37%

Domestic

Violence 30%

Respondents were asked to rate their level of satisfaction with the legal assistance, information, and advice received. Slightly more than half (53%) expressed satisfaction, with the highest levels of satisfaction recorded among respondents who sought assistance from the FLAA (95%), on the internet (86%), or from

34 Key Informant Interview, Isak Skenderi, Executive Director, Voice of Roma, Ashkali and Egyptians, September 10, 2019.

lawyers (69%). By contrast, less than half of respondents who sought assistance from family and friends

(44%) or police (44%) were satisfied, and 55% of respondents who sought assistance from other institutions such as municipal services were dissatisfied. Higher levels of dissatisfaction were also recorded among the Egyptian (53%) and Bosniak (50%) communities, both of which were also more likely to have abandoned legal action (Egyptian 17%, Bosniak 30%) than the survey average (11%). Men (57%) were more likely than women (50%) to express satisfaction.

Respondents were given the opportunity to choose up to three out of six fixed options to explain the reasons for their decision to take action to resolve their legal dispute. Two out of three (68%) respondents noted that their actions were aimed at “realizing or exercising their right”, indicating that most justice seekers first and foremost act with the intention to protect their rights. Actions taken were also motivated by recovery of property or money (25%), punishment (21%), and intangible benefits such as improvement to relationships (15%) or an apology (6%). Respondents who experienced crime or domestic violence disputes were more likely to have sought punishment while those who experienced disputes related to property were more likely to have sought recovery of property or money. Respondents experiencing domestic violence, divorce, bodily injury, accidents, and public service disputes also expressed a higher demand for intangible benefits. Respondents from the Serb (33%) and Bosniak (35%) communities were significantly more likely to have sought punishment.

Of the respondents who took action to resolve their legal dispute, half (52%) had achieved some level of resolution, with 36% reporting full resolution and 16% partial resolution. By contrast, 37% reported the dispute as ongoing and 11% reported that they had not or were no longer taking action to resolve their dispute. Income level had a significant impact on action and resolution patterns. While rates of abandonment were consistent across income categories, low-income respondents were less likely to take action, less likely to achieve full resolution, and more likely to have their dispute extend over time. Details of patterns in dispute resolution across income level are presented in Chart D.5.2a on page 17. Disabled respondents (36%) and the Bosniak (30%), LGBTI (25%), and Egyptian (17%) communities reported rates of abandonment of legal actions significantly higher than the survey average. In addition, women (40%) and members of the Egyptian (63%), Serb (46%), Bosniak (40%) and Roma community (60%) were significantly more likely to have their dispute still ongoing than their counterparts from other communities. FGD participants and key informants shed light on some of the reasons leading to abandonment of action and pointed to requests for payment of additional procedural costs (e.g., expert fees, notary fees, court expenses) and extended length of proceedings.35 FLAA officers noted that financial barriers remain a significant challenge for justice seekers, although it has been displaced as a primary obstacle by growing disillusionment with the ability of institutions to provide meaningful remedies.

Respondents who did not take action to resolve their legal dispute were asked to select their main reason for not taking action from among eight fixed choices and one open-ended option. 80% of respondents who did not take action provided their reasons. The two main reasons cited by respondents were disbelief that action would make a difference (49%) or that action would result in a fair outcome (26%), which raises concerns about trust in the ability of the justice system to provide effective remedies. Lack of information and knowledge of where to seek assistance (20%) and lack of money (14%) remained important barriers to taking action although significantly less prevalent than in the 2018 survey. Other reasons cited included fear of retaliation (10%), failure to obtain information or advice (7%), and lack of time (6%).

In cases in which the impact of the dispute had been rated as severe or significant, respondents who did not take action were more significantly affected by lack of money (20%) and lack of information on where to go (23%). All sub-groups rated disbelief that action would make a difference as the primary reason for not taking action, except for the Serb community (lack of success in obtaining actionable information, 75%) and Egyptian community (lack of knowledge of where to go, 67%). Notable differences were identified among the sub-groups surveyed concerning second-ranked reasons. Women and LGBTI

35 Focus group discussion held with Legal Officers of the Free Legal Aid Agency on September 11, 2019 and Key Informant interviews with Norma and Key Informant Interview with Ms. Valbona Rizvanolli, Executive Director, Femrat Aktive të Gjakoves, September 3, 2019.

respondents did not believe they would get a fair outcome, demonstrating a strong feeling of powerlessness and loss of faith in the ability of institutions to provide a remedy. Members of the Bosniak community ranked disbelief in a fair outcome first and disbelief it would make a difference second. Low-income (under 200 Euros) respondents, disabled respondents, and members of the Serb community did not take action due to lack of access to advice and assistance. These challenges can be remedied with increased access to free legal aid services and to legal information. By contrast, lack of money most significantly impacted justice seekers from the Roma (44%) and Ashkali (33%) communities or with a household income between 200 and 400 Euros36.

Table D.3.3 – Dispute Resolution Patterns by Selected Vulnerable Sub-Groups

Likelihood of action 63% 58% 64% 64% 92% 31%

Reason for not taking action (first) Would make no difference

50%

Would make no difference

54%

Would make no difference

60%

Would make no difference

78%

Unsuccessful at accessing or getting info/assistance

75%

Would make no difference

62%

Reason for not taking action

(second)

Would not get fair outcome 29%

Did not know where to go

32%

Did not know where to go; lack of time 20%

Lack of money 44%

Did not know where to go 50%

Would not get fair outcome 33%

Likelihood of resolution 49% 41% 36% 60% 50% 54%

Likelihood of abandonment

11% 12% 36% 0% 4% 25%

4. Awareness and Trust

One in three respondents (30%) expressed at least a fair level of knowledge about legal aid. Respondents expressed higher knowledge of concepts over specifics, with 38% aware of the right to legal aid, 32% of the existence of the FLAA, and 21% of the eligibility criteria.