Gender Analysis in the Justice Sector of Kosovo.pdf

Gender Analysis in the Justice Sector of

Kosovo

Prepared by Donjeta Morina

August 2024

DISCLAIMER - The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

Table of Contents

Acronyms 3

Executive Summary 4

Introduction and Background 7

Methodology 7

Legal Framework, Policies, and Justice System 8

Constitutional Provisions and Harmonization with International Treaties 10

Gender-Based Violence 13

Legal Framework 13

Current Situation and Institutional Response on Gender Based Violence in Kosovo 16

Domestic Violence 16

Sexual Violence 17

Institutional Response 18

The Kosovo Police 18

State Prosecutor 20

Centers for Social Work and Shelters 22

Agency or Free Legal Aid 23

Courts 23

Informal Justice and its impact on Gender Based Violence 24

Perpetrators of Gender Based Violence 25

Access to Justice 26

Access to Justice for Women 26

Property Rights 27

Access to Justice for Ethnic Minorities 29

Access to Justice for LGBTQI+ Individuals 30

Representation and Leadership 34

Equal Representation in the Kosovo Prosecution 35

Equal Representation in the Kosovo Judiciary 36

Factors contributing to women’s underrepresentation in the judicial system in Kosovo 36

Conflict and Transitional Justice 38

Overall Recommendations for future USAID projects 41

Recommendations for improving Institutional Response to Gender Based Violence 41

Recommendations for improving Access to Justice for Marginalized Groups 42

Recommendations for improving Equal Representation in Judiciary Institutions 42

Recommendations related to Conflict and Transitional Justice 43

Acronyms AGE Agency for Gender Equality

AFLA Agency for Free Legal Aid

CEDAW Convention on the Elimination of All Forms of Discrimination Against Women

CSW Center for Social Work

GBV Gender Based Violence

GEO Gender Equality Officer

KII Key Informant Interview

KJC Kosovo Judicial Council

KPC Kosovo Prosecutorial Council

LGE Law on Gender Equality

NGO Non-Governmental Organization

SOP Standard Operating Procedures

VAAO Victim’s Advocacy and Assistance Office

LGBTQI+ Lesbian, Gay, Bisexual, Trans, Queer, Intersex

KWN Kosovo Women’s Network

Executive Summary The overall goal of this report is to provide evidence-based and actionable recommendations to the

USAID/Kosovo Mission on how to integrate a gender perspective into future rule of law and justice sector programming. Main findings of the report include:

● Human rights, gender equality, and social inclusion are among the fundamental values of the constitutional and legal framework of Kosovo. Overall, the legal framework in Kosovo is fully harmonized with international and regional treaty obligations, particularly with the recent adoption of the Istanbul Convention. Gender equality is central to the Constitution, with explicit guarantees for equal protection under the law and mandates for gender representation across all public institutions.

● The legal framework on GBV Kosovo is very advanced and aligned with international conventions.

● The recorded cases of domestic violence in Kosovo have increased significantly from 1,179 in 2015 to 2,764 in 2022. This rise in reporting reflects a growing awareness and willingness to report such incidents. However, survey data indicates that the actual incidence of domestic violence is substantially higher, with up to 68% of women experiencing domestic violence but not reporting

it. The primary reasons for underreporting include perceptions of domestic violence as a private matter, fear of stigmatization, and low trust in rule of law institutions.

● Sexual harassment and assault remain underreported in Kosovo. Survey data shows that 29% of women have experienced sexual harassment, with only 9% reporting workplace harassment.

Between 2019 and 2022, the Kosovo Police received 231 reports of sexual harassment and 257 reports of sexual assault, indicating a need for improved institutional response and victim support.

● While the institutional response to gender-based violence in Kosovo has improved, significant challenges and gaps remain in effectively addressing it, supporting all survivors and ensuring perpetrators are held accountable.1

● Despite advancements, including the setup of friendly rooms in Police stations, victim-blaming and inadequate handling of cyber violence cases remain persisting challenges.

● Specialized prosecutors have received training on domestic violence, leading to improved case management. Several challenges remain though, such as over-reliance on the survivor’s testimony. Additionally, there is still a lack of training and experience in handling sexual violence cases, often resulting in confusion between harassment, sexual harassment, and sexual assault.

● Courts handle both criminal and civil domestic violence cases. Between July 2022 and April 2023, Basic Courts received 625 domestic violence cases, with the highest number in Prishtina. Courts have been criticized for inadequate penalties and a lack of specialized training for judges, leading to inconsistent rulings, such as reclassifying a rape case as "light bodily injury”.

● Agency for Free Legal Aid has expanded its services to support survivors of gender-based and domestic violence, with a significant increase in women seeking aid. However, a major challenge remains the lack of specialization among AFLA lawyers in domestic violence and sexual harassment cases, which hinders effective survivor support.

1 This report uses the term "survivor" to acknowledge resilience, but it also recognizes that some individuals identify as "victims," a perspective we fully understand and respect. While we use "survivor" throughout this report, we acknowledge and honor the varied ways individuals may refer to their own experiences.

● Customary practices which reflect traditional norms, continue to play a significant role in Kosovo, often interfering with formal judicial procedures. This system can be biased against women, youth, and marginalized groups, with male family members frequently mediating domestic violence cases, leading survivors to return home under promises of non-recurrence. In cases of sexual violence, informal resolutions such as marriages between survivors and perpetrators or negotiated monetary compensations are common.

● Despite strong laws against GBV, sentences for perpetrators often remain lenient, with many cases resulting in suspended sentences or fines rather than prison time, undermining justice and deterrence. In 2024 the Ministry of Justice developed the “National Programme for Treatment of

Perpetrators of Violence against Women," which is currently being piloted but remains voluntary.

In 2023, The Government of Kosovo allocated 600,000 euros for the "Electronic Monitoring

System", which includes the purchase of electronic bracelets for perpetrators. These bracelets are intended for individuals whose movement is restricted by court decisions, especially by protection orders for those involved in GBV cases.

● Access to justice for marginalized groups continues to be a significant problem in Kosovo. Roma, Ashkali, and Egyptian women face severe barriers due to low education levels, language barriers, and direct racism, making it difficult for them to access legal support and services. Children encounter psychological barriers, social stigma, and insufficient child protection services, which prevent them from reporting crimes and accessing justice effectively. Youth, particularly young women, face significant challenges in Kosovo, including cyber sexual violence and inadequate treatment by police. Incidents such as the halting of the International Women's Day march and the violent removal of peaceful protesters highlight systemic issues that undermine the trust of youth in the justice system. People with disabilities face both physical barriers, such as inadequate facilities in legal institutions, and systemic barriers, including expensive expert evaluations and prolonged case resolutions, which hinder their access to justice. LGBQTI+ individuals suffer from systemic discrimination and lack of confidentiality in reporting crimes, with institutions ill-equipped to handle hate crimes and specific issues related to their protection and support.

● Despite legal requirements for equal gender representation, women are significantly underrepresented in Kosovo's judiciary and prosecution services especially in decision-making levels. Cultural norms, family responsibilities, and lack of institutional support and gender audits contribute to the low representation of women in these sectors.

● The Kosovo Assembly has legally acknowledged and supported survivors of systematic sexual violence during the 1998-99 war by amending existing laws and establishing the Government

Commission on Recognition and Verification of the Status of Sexual Violence Victims During the

Kosovo Liberation War. Despite these efforts, challenges remain in addressing war-related sexual violence, with only 50 cases opened and 6 indictments raised by the Special Prosecution Office since the transfer of responsibilities from international missions.

Introduction and Background

This report provides an in-depth gender analysis of the rule of law and justice sector of Kosovo. The overall goal is to provide evidence-based and actionable recommendations to the USAID/Kosovo Mission on how to integrate a gender perspective into future rule of law and justice sector programming.

Conducting a gender analysis and collecting gender-disaggregated data are obligatory requirements for

USAID programs as mandated by the 2023 USAID Gender Equality and Women’s Empowerment Policy.2

According to the policy, all USAID programs must incorporate gender considerations to ensure equitable outcomes for all beneficiaries. Moreover, the Women’s Entrepreneurship and Economic Empowerment

Act of 2018 (Public Law No: 115-428) mandates USAID to prioritize gender equality and women's empowerment in its foreign assistance programs, making gender analysis a critical component of project planning and implementation.3 The requirement for gender-disaggregated data is further emphasized in

USAID's guidelines on data disaggregation, which state that all data collection efforts must differentiate between women and men accurately reflect gender-specific impacts. 4 This means that all USAID programs and the projects, including those in rule of law, that USAID supports must be based on gender analysis, must include gender-disaggregated data, and ensure that they address gender-specific needs and challenges. This report serves as the gender analysis for USAID on the rule of law aiming to inform their future programming, as per USAID requirements on gender analysis and gender disaggregated data.

The report first examines the legal and institutional framework governing rights, responsibilities, and access to justice in Kosovo. It assesses the degree of harmonization between national laws and international and regional treaty obligations, with a particular focus on women’s rights and gender equality. The analysis includes an evaluation of how women’s rights and gender equality are represented in the constitution, key legal areas. Second, the report focuses on GBV specifically by first assessing the legal framework and then analyzing the current situation and institutional response, focusing on the main

RoL institutions that survivors of GBV have frequent contact with. Third, the report focuses on Access to

Justice for marginalized groups, including women, ethnic minorities, persons with disabilities, youth, and

LGBTQI+ community. It assesses the main challenges and barriers that these groups still face while accessing justice. Fourth, the report focuses on an evaluation of women and men’s equal representation in RoL institutions in Kosovo, identifying the main barriers and constraints that prevent women from reaching decision-making positions. Lastly, the report focuses on transitional justice, analyzing the reparations for survivors of sexual violence during the war as well as the institutional response to rape as a war crime.

2 USAID, 2023 Gender Equality and Women's Empowerment Policy, at: https://www.usaid.gov/sites/default/files/2023-

07/2023_Gender%20Policy_508.pdf 3 Congress of the United States of America, Public Law 115-428 115th Congress, at: https://www.congress.gov/115/plaws/publ428/PLAW-

115publ428.pdf 4 USAID, Guidelines on Data Disaggregation, Accessed on 14 July 2024, at: https://www.usaid.gov/data-disaggregation https://www.usaid.gov/sites/default/files/2023-07/2023_Gender%20Policy_508.pdf https://www.usaid.gov/sites/default/files/2023-07/2023_Gender%20Policy_508.pdf https://www.congress.gov/115/plaws/publ428/PLAW-115publ428.pdf https://www.congress.gov/115/plaws/publ428/PLAW-115publ428.pdf https://www.usaid.gov/data-disaggregation

The report concludes with evidence-based, practical recommendations aimed at integrating a gender perspective into future rule of law programming to enhance gender equality and justice outcomes in

Kosovo.

Methodology

This report uses mixed methods to provide a detailed gender analysis in the RoL and justice sector of Kosovo. The approach combines qualitative and quantitative techniques to ensure an in-depth understanding of the situation and main existing challenges. Initially, a detailed desk review was conducted to gather existing data and identify gaps. This included government reports, statistical data, research conducted by NGO’s and think tanks, etc. Following the desk research, 22 Interviews with 25 Key Informants were conducted to gain more detailed information. Key Informants included a very diverse range of participants including representatives from justice institutions, civil society organizations, activists, students, and researchers. A full list of all KII’s as well as a brief description of the main points raised in each can be found in Annex I.

Additionally, two Focus Groups were conducted to obtain more detailed information from groups that were not available through KII's, covering diverse perspectives and regions. One focus group was held in Novobërdë with Kosovo Serbs, and a second Focus Group was organized with NGO’s working in different regions of Kosovo, to obtain information on the situation beyond Prishtina. This approach ensured a focused yet nuanced analysis of the rule of law and justice sector in Kosovo, addressing the unique experiences and challenges faced by different communities.

Overall, the research questions guiding this analysis were derived from the Scope of Work provided by

USAID. These questions include:

1) What is the legal framework governing rights, responsibilities, and access to justice?

2) How are women’s rights and gender equality represented in the constitution?

3) Are there legal protections against abuses of power such as sexual harassment or sextortion?

4) How widely understood and enforced are women’s legal rights related to family law, inheritance, property, and GBV?

5) Are there specialized courts addressing violence against women and girls?

6) What informal justice systems exist, and how do they treat women and marginalized groups?

7) To what extent are justice sector policies and practices gender-sensitive?

8) What gender-related barriers exist to accessing the justice system?

9) How gender-sensitive are justice actors in handling cases of GBV?

10) What barriers to reporting GBV or seeking justice exist?

11) How accessible are services for GBV survivors?

12) To what extent are perpetrators held accountable?

13) How are women and minorities represented within the justice sector?

In post-conflict contexts, do women have equal access to justice and reparations mechanisms?

Legal Framework, Policies, and Justice System

Constitutional Provisions and Harmonization with International Treaties

Human rights, gender equality, and social inclusion are among the fundamental values of the constitutional and legal framework of Kosovo. The Constitution itself recognizes gender equality and equal opportunities as core values.5 It moreover acknowledges that Kosovo is a multi-ethnic society where everyone is equal under the law, regardless of their ethnicity.6 Overall the Constitution enshrines the principles of equality and non-discrimination, and explicitly guarantees gender equality and mandates equal protection under the law. The Constitution states the values on which Kosovo's constitutional order is based, including equality for all its citizens, and emphasizes the importance of gender equality.7 It also highlights that that fundamental rights and freedoms are indivisible, inalienable, and protected equally for everyone8. The Constitution ensures that all citizens are equal before the law, and prohibits discrimination on any grounds, including sex.9 It moreover guarantees equal representation and absence of discrimination in public office, stating that criteria for eligibility for public office

(including civil service, the KJC, the KPC, the judiciary, the

Constitutional Court, etc.) must reflect the diversity of the Kosovo population, including on gender representation.10

Additionally, through Article 22, the Constitution establishes the direct applicability of international agreements, such as the Convention on the Elimination of all forms of Discrimination Against Women

(CEDAW), within Kosovo. CEDAW requires that all necessary measures are taken to eliminate discrimination against women in various domains, including the workplace, and to ensure equal rights for both men and women. The Universal Declaration of Human Rights as well as the European Convention of

Human Rights are also directly applicable to Kosovo through the Constitution.11International Conventions for the protection of national minorities are also directly applicable in Kosovo, including the Council of

Europe Framework Convention for the Protection of National Minorities and the UN Convention on the

Elimination of All Forms of Racial Discrimination. The most recent amendment of the Constitution in 2022, added the Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, to Article 22 of the Constitution, making it also directly applicable and superseding national law.

In addition to the Constitution, the Law on Gender Equality is the main legal instrument in encouraging gender equality and preventing discrimination against women in all sectors, including employment, 5 Assembly of the Republic of Kosovo (2008), Constitution of the Republic of Kosovo, Article 7.2, at: Microsoft Word -

Constitution.of.the.Republic.of.Kosovo.doc (rks-gov.net) 6 Ibid. Article 3.

7 Ibid. Article 7.

8 Ibid; Article 21.

9 Ibid. Article 24;

10 Ibid. Articles 104, 108, 109, 111.

11 Ibid. Article 22.

“The Constitution of Kosovo is extremely advanced when it comes to human rights. It is fully aligned with international conventions and treaties on the protection of human rights and fundamental freedoms”

Head of the Constitutional Court in Kosovo https://mapl.rks-gov.net/wp-content/uploads/2017/10/1.CONSTITUTION_OF_THE_REPUBLIC_OF_KOSOVO.pdf https://mapl.rks-gov.net/wp-content/uploads/2017/10/1.CONSTITUTION_OF_THE_REPUBLIC_OF_KOSOVO.pdf https://mapl.rks-gov.net/wp-content/uploads/2017/10/1.CONSTITUTION_OF_THE_REPUBLIC_OF_KOSOVO.pdf education, energy, and healthcare.12 The law requires equal gender representation, defined as 50%-50% across all decision-making levels in all public institutions, including legislative, executive, and judiciary bodies, as well as other public institutions. The Law, through Article 5.1.3, further requires that a gender perspective is mainstreamed in all government laws and policies in order to address existing problems and promote equality among women and men. Moreover, it obliges all public institutions in Kosovo to implement

Gender Responsive Budgeting (GRB) in their budget planning, allocation, and monitoring processes. GRB requires institutions to distribute government funding equitably and address existing gender inequalities.

This law focuses on two main mechanisms, the Kosovo Agency for Gender Equality (AGE) and Gender

Equality Officers (GEOs). AGE is an executive Agency and is located under the Prime Minister’s Office

(OPM). It is the central institutional body responsible for promoting, coordination, and monitoring gender equality in Kosovo.13 Among others, the Agency is responsible for proposing amendments to laws and policies, drafts policies, and continuously collaborating with civil society and international donor organizations. AGE has many other responsibilities, ranging from advocacy, awareness campaigns, reporting on international obligations, and monitoring institutions on gender mainstreaming and budgeting practices.14 Two additional key responsibilities for AGE are drafting the Kosovo Programme for

Gender Equality and monitoring its implementation, as well as cooperating and coordinating with GEO’s.

Gender Equality Officers are located in each Ministry and Municipality in Kosovo. Among others, GEO’s are responsible for reviewing laws and policies relevant to their sector from a gender perspective, and ensuring the implementation of the Law on Gender

Equality and the Kosovo Programme for Gender Equality within their Institution. Lastly, the Law on Gender

Equality promotes the usage of affirmative measures to address existing inequalities. These measures can be quotas, support programs, economic empowerment, and preferential treatment while still considering individual qualifications. The Law on Gender Equality is quite advanced, but there are several problems in its implementation. These problems are mainly a result of its lack of proper implementation on the one hand and the fact that other laws and policies are not aligned with this law.15

12 Assembly of the Republic of Kosovo (2015), Law No. 05/L-020 on Gender Equality, at: Annex-LAW_NO._05_L-020_ON_GENDER_EQUALITY.pdf

(equineteurope.org) 13 Ibid.

14 Ibid. Article 7 15 Key Informant Interviews, June and July 2024

“Equal representation requirements that are obligatory under LGE, are not implemented by public institutions. Many institutions, including those in the RoL sector, do not understand and do not implement affirmative measures”

Gender Specialist at Kosovo Commercial Justice Activity

“[…] for example, the Laws on Central and Local Elections are not aligned to the Law on Gender Equality. So, while LGE requires equal representation defined as 50%-50%, the electoral laws continue to require only 30% women’s participation in electoral lists, assemblies, and the Parliament”

Executive Director of Kosovo Center for Gender Studies https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-020_ON_GENDER_EQUALITY.pdf https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-020_ON_GENDER_EQUALITY.pdf https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-020_ON_GENDER_EQUALITY.pdf

In addition to LGE, Law No.05/L-021 on Protection from Discrimination protects the citizens of Kosovo from discrimination based on race, gender, ethnicity, religion, sexual orientation, or national origin.16 It prohibits discrimination in employment, education, housing, and access to public services, among others.

Similarly to the Law on Gender Equality, this law also allows for affirmative measures to be made in order to promote the representation of underrepresented groups aimed at achieving equal treatment. It highlights the fact that affirmative measures, when taken to support underrepresented or marginalized groups, do not constitute discrimination.17 However, affirmative measures in public institutions are rarely implemented, particularly regarding women's representation at decision-making levels, due to decision-makers' lack of understanding of when and how to apply these measures.

In conclusion, the legal framework in Kosovo is fully harmonized with international and regional treaty obligations, particularly with the recent adoption of the Istanbul Convention. Gender equality is central to the Constitution, with explicit guarantees for equal protection under the law and mandates for gender representation across all public institutions. On paper, there are no significant gaps in the legal framework, save for a lack of alignment of electoral laws with the LGE; in fact, several key respondents noted that

Kosovo's legal provisions for gender equality are among the most advanced in the region.18

Gender-Based Violence This chapter first examines the legal framework addressing gender-based violence (GBV) in Kosovo, focusing on laws and policies designed to prevent and respond to GBV. It continues to analyze the institutional framework, focusing on the institutional response of the main public institutions and entities.

It then analyzes the current situation, assessing how these laws are implemented and their effectiveness in practice.

Legal Framework

The legal framework on gender-based violence (GBV) in Kosovo is very advanced and aligned with international conventions. Both key informants and the desk analysis indicate that there are no significant issues with the legal provisions themselves.19 Existing laws and policies provide extensive protections for survivors and establish mechanisms for enforcement and support. This section details the key components of Kosovo's legal framework addressing GBV, highlighting the protections and measures in place to prevent and combat such violence.

16 Assembly of the Republic of Kosovo, Law No.05/L-021 on Protection from Discrimination, at: Annex-LAW_NO._05_L-

021_ON_THE_PROTECTION_FROM_DISCRIMINATION.pdf (equineteurope.org), 2015 17 Ibid. Article 7.3 18 Interviews with several key informants, June and July 2024 19 Interviews with several key informants, June and July 2024

“We have a very strong legal framework on GBV which is becoming stronger by the day. Recent legal changes such as the inclusion of the Istanbul Convention in the Constitution, the 2019 amendments to the Criminal Law, and several others are criminalizing GBV and improving the institutional response."

GBV Programme Manager at the Kosovo Women’s Network.

https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-021_ON_THE_PROTECTION_FROM_DISCRIMINATION.pdf https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-021_ON_THE_PROTECTION_FROM_DISCRIMINATION.pdf https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-021_ON_THE_PROTECTION_FROM_DISCRIMINATION.pdf https://equineteurope.org/wp-content/uploads/2019/10/Annex-LAW_NO._05_L-021_ON_THE_PROTECTION_FROM_DISCRIMINATION.pdf

Adopted in 2023, the Law No. 08/L-185 on Prevention and Protection from Domestic Violence, Violence against Women and Gender-Based Violence offers a number of protections for survivors of violence, including the obligation of all relevant entities to treat these cases with priority, the option to give emergency protection orders to survivors within 24 hours based on case file documents and without a court session, as well as other protections related to safety, access to justice, and other services. 20 In addition, the law establishes the function of National Coordinator, which is “the highest institutional authority for coordination, implementation, monitoring and evaluation of policies and measures to prevent and combat all forms of violence that are covered by this Law.”21 The National Coordinator is the

Minister of Justice, who within this new capacity also chairs the Inter-Ministerial Coordinating Group for protection from domestic violence, violence against women, and gender-based violence.

Adopted in 2022, the National Strategy on Protection from Domestic Violence and Violence against

Women 2022-2026 aims at addressing GBV and improving the institutional response.22 Key elements of the strategy include enhancing the legal and institutional framework to better protect survivors, improving data collection and research on gender-based violence, and increasing public awareness and education on the issue. Additionally, the strategy emphasizes the importance of victim support services, ensuring access to justice, and providing adequate resources for the rehabilitation of perpetrators.23 . The strategy is overseen by the National Coordinator for Domestic Violence and Violence against Women, who ensures that all actions are in line with international standards and best practices.

The recently adopted Law on Free Legal Aid, now covers the following groups as special categories of beneficiaries of free legal aid: survivors of sexual violence during the war, victims of domestic violence and the witnesses who depend on them, victims of gender-based violence, victims of any kind of sexual violence, including sexual harassment, and victims of trafficking in human beings.24 Before this, the victims had to meet qualification, financial, and legal criteria,25 and now with this amendment these special categories are exempt. The Law on Social and Family Services was adopted in January 2024, the law covers rights to social services, where children and adults that have been victims of domestic, gender-based, and other forms of violence are beneficiaries.26 Establishment and competencies of social service institutions, including Center for Social Work and Shelters, are also included in this law.27 In addition to services, victims of domestic and gender-based violence have the right to compensation. This right is defined in the Law on Crime Victim Compensation adopted in 2022.28 Victims of human trafficking, rape, and domestic

20 Official Gazette of the Republic of Kosovo, Law No. 08/L-185 on Prevention and Protection from Domestic Violence, Violence against Women, and Gender-based Violence. October 2023.

21 Ibid, Article 13.2.

22 Ministry of Justice of Kosovo, National Strategy on Protection Against Domestic Violence, and Violence Against Women, 2022-2026, at:

https://kryeministri.rks-gov.net/wp-content/uploads/2022/08/ENG-Strategjia-Kombetare-per-Mbrojtje-nga-Dhuna-ne-Familje-dhe-Dhuna-ndaj-Grave-2022-2026.pdf 23 Ibid.

24 Official Gazette of the Republic of Kosovo, Law No. 08/L-035on Amending and Supplementing the Law No.04/sL-017 on Free Legal Aid, Article

10A. February 2022.

25 Law No.04/L-017 on Free Legal Aid, Official Gazette of the Republic of Kosovo, February 2012.

26 Official Gazette of the Republic of Kosovo, Law No. 08/L-255 on Social and Family Services, Article 29. January 2024.

27 Ibid. Chapter VII.

28 Official Gazette of the Republic of Kosovo, Law No. 08/L-109 on Crime Victim Compensation. November 2022.

https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=83131 https://gzk.rks-gov.net/ActDocumentDetail.aspx?ActID=83131 https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803 https://gzk.rks-gov.net/ActDetail.aspx?ActID=85111 https://gzk.rks-gov.net/ActDetail.aspx?ActID=66178 https://gzk.rks-gov.net/ActDetail.aspx?ActID=66178 https://gzk.rks-gov.net/ActDetail.aspx?ActID=83131 https://gzk.rks-gov.net/ActDetail.aspx?ActID=83131 https://kryeministri.rks-gov.net/wp-content/uploads/2022/08/ENG-Strategjia-Kombetare-per-Mbrojtje-nga-Dhuna-ne-Familje-dhe-Dhuna-ndaj-Grave-2022-2026.pdf https://kryeministri.rks-gov.net/wp-content/uploads/2022/08/ENG-Strategjia-Kombetare-per-Mbrojtje-nga-Dhuna-ne-Familje-dhe-Dhuna-ndaj-Grave-2022-2026.pdf https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803 https://gzk.rks-gov.net/ActDetail.aspx?ActID=2803 https://gzk.rks-gov.net/ActDetail.aspx?ActID=85111 https://gzk.rks-gov.net/ActDetail.aspx?ActID=66178 violence have access to immediate compensation, and the types of compensation among others include physical injury, mental health impairment, and mental suffering.29

Additionally, in regards to domestic violence, the Kosovo Criminal Code criminalizes physical psychological, sexual, and economic violence, as well as mistreatment towards family members.30 The

Law on Protection from Domestic Violence defines three types of Protection Orders, including Protection

Orders, Emergency Protection Orders issued by Courts and the Temporary Emergency Protection Order issued by the Kosovo Police outside of regular court working hours.31 The Standard Operating Procedures for protection from domestic violence (SOP‘s) set out specific actions to be taken by professionals, for the identification and reporting of such violence, the risk assessment and referral of victims to support services, the protection and recovery of victims as well as the treatment of perpetrators of domestic violence. In several municipalities, the SOPs are implemented by municipal co-ordination mechanisms against domestic violence composed of professionals from relevant sectors, to promote cross-sectorial cooperation in victims’ assistance and access to justice.32

Kosovo has established several legal protections against Sexual Violence as well. These protections are embedded in various legislative frameworks such as the Law on Gender Equality, combined with specific provisions in the Criminal Code of Kosovo, criminalizes sexual harassment and abuse of power. The Kosovo

Criminal Code criminalizes sexual harassment and exploitation. Articles 225 to 236 covers sexual harassment, sexual assault, rape, violations of sexual integrity, including a series of sexual activities and child pornography.33 The minimum age for consent for voluntary agreement for sexual acts is 14 years old, if the age difference between the two individuals does not exceed two years.34 Otherwise, the minimum age for consent for voluntary agreement for sexual acts is 16 years old. In 2022, the

Government of Kosovo has adopted a state protocol to treat cases of sexual violence, where there’s no voluntary agreement.35 The protocol is a step by step guide for a muti-sectorial coordinated institutional response in the management of cases of sexual violence. The Kosovo government has also developed specific policies to combat sexual harassment, particularly within public administration. Another step in a positive direction Government Policy against Sexual Harassment in Public Administration Bodies, which outlines measures for prevention and response. This policy includes the creation of internal oversight mechanisms, complaint handling procedures, and mandatory training for public servants to recognize and address sexual harassment effectively.36 The MoJ is accountable for overseeing the implementation of this policy. Women can address their concerns and report cases of sexual violence or harassment to the

29 Ibid. Article 8 and 10.

30 Ministry of Justice of the Republic of Kosovo, Code No. 06/L-074 Criminal Code of the Republic of Kosovo, Article 248. January 2019.

31 Assembly of the Republic of Kosovo, Law No03/L-182 on Protection against Domestic Violence, 2010.

32 Council of Europe, Assessment of the alignment of Kosovo*'s laws, policies and other measures with the standards of the Istanbul Convention.

33 Ministry of Justice of the Republic of Kosovo, Code No. 06/L-074 Criminal Code of the Republic of Kosovo, Articles 225-236.January 2019.

34 Ibid. Article 225.

35 State Protocol for Treatment of Sexual Violence Cases, Ministry of Justice. November 2022.

36 Prime Minister of Kosovo issues the Policy against Sexual Harassment in Public Administration in Kosovo. Kosovar Gender Studies. November

2020.

https://www.refworld.org/legal/legislation/natlegbod/2019/en/123444 https://md.rks-gov.net/desk/inc/media/8C3ACF03-4387-453D-942A-AC5B38B00838.pdf https://www.kgscenter.net/site/assets/files/1772/politika_e_nenshkruar.pdf https://md.rks-gov.net/desk/inc/media/A5713395-507E-4538-BED6-2FA2510F3FCD.pdf http://www.assembly-kosova.org/common/docs/ligjet/2010-182-eng.pdf https://rm.coe.int/kosovo-assessment-report-istanbul-convention-eng/1680a9203e https://md.rks-gov.net/desk/inc/media/A5713395-507E-4538-BED6-2FA2510F3FCD.pdf https://md.rks-gov.net/desk/inc/media/8C3ACF03-4387-453D-942A-AC5B38B00838.pdf https://www.kgscenter.net/en/news-and-events/prime-minister-of-kosovo-issues-the-policy-against-sexual-harassment-in-public-administration-in-kosovo/#:~:text=The%20aim%20of%20the%20Policy%20against%20Sexual%20Harassment,form%20of%20sexual%20harassment%20is%20prevented%20and%20sanctioned.

Kosovo Police, the Victim’s Advocacy and Assistance Office

(VAAO), the Agency for Free Legal Aid (AFLA), and specific units within public institutions designated for handling such complaints.

In conclusion, while Kosovo's legal framework on gender-based violence is robust and continually improving, further efforts are necessary to fully align with international standards like the Istanbul Convention. The laws in place offer significant protections and establish mechanisms for support and enforcement, yet the implementation and awareness of these laws need ongoing enhancement

Current Situation and Institutional Response on Gender Based Violence in Kosovo

The previous chapter examined the legal framework and identified no major challenges, especially after the recent amendments and changes to the Constitution, the Criminal Law, and the Law on Protection from GBV. This chapter now looks at the actual situation to see how these laws are being implemented in practice, by analyzing the current situation and the institutional response.

Domestic Violence

In 2015, the Kosovo Police recorded a total of 1,179 domestic violence cases, making it the most prevalent form of gender-based violence reported in Kosovo. In 2022, this number increased to 2,764.37 Of these, more than 70% were reported by women and girls, highlighting them as the primary victims. Higher reporting does not indicate a higher incidence; in fact, it may indicate that more people are coming forward to report domestic violence cases. Despite these figures, surveys suggest the actual incidence of domestic violence is much higher, with up to 68% of women experiencing it but not reporting it due to perceptions of domestic violence as a private matter, fear of stigmatization, and low trust in rule of law institutions.38

Many survivors of GBV have low trust in rule of law institutions, which discourages them from reporting incidents. Only a small percentage of women trust the police and judiciary to handle their cases effectively, which is a significant barrier to seeking justice.39 On the other hand, survivors often fear social

37 Center for Information, Critique, and Action, Open Data Platform on Gender-Based Violence, 1≠1, at: https://data.qika.org/en/

38 Kosovo Women's Network, No more Excuses: An Analysis of Attitudes, Incidence, and Institutional Response to Domestic

Violence in Kosovo, 2015.

39 Kosovo Women’s Network, From laws to action: monitoring the institutional response to gender-based violence in Kosovo, 2021, at: KWN-GBV-

Report-ENG-Final-2.pdf (womensnetwork.org)

“A lot has been achieved in strengthening the legal framework for domestic violence, but there's still much to be done for addressing sexual violence.

We need to continue improving our laws to fully align with the Istanbul Convention, including establishing Rape Crisis Centers and Sexual Referral Centers.”

Executive Director of Kosovo Center for Gender Studies

1046 1026 1087

1225 1269

2009 2012 2015 2018 2021

Cases of Domestic Violence Reported to the Kosovo Police 2009-2021 https://data.qika.org/en/ https://www.womensnetwork.org/documents/20151124105025622.pdf https://www.womensnetwork.org/documents/20151124105025622.pdf https://womensnetwork.org/wp-content/uploads/2021/05/KWN-GBV-Report-ENG-Final-2.pdf https://womensnetwork.org/wp-content/uploads/2021/05/KWN-GBV-Report-ENG-Final-2.pdf stigma and retaliation from their abusers, which prevents them from coming forward. The societal perception of GBV as a private matter exacerbates this fear, making survivors hesitant to report abuse.40

Additionally, many survivors are economically dependent on their abusers, which creates a significant barrier to reporting GBV and seeking justice. The fear of losing financial support and the inability to support themselves and their children can deter survivors from taking legal action.41 The Ombudsperson

Institution itself noted that jurisprudence on gender-based discrimination is yet to be developed since cases are rarely reported either due to survivors’ lack of knowledge about their rights or due to their distrust in public institutions.42

There are Constitutional Court decisions that show the system does not handle these cases correctly. The

Constitutional Court decision on the Sebahate Morina case highlighted significant institutional gaps, specifically the failure of police and prosecution services to protect her life. Sebahate Morina had repeatedly reported domestic violence and threats from her husband, but the authorities failed to take adequate protective measures.43 The court found that the inaction of the police and prosecution constituted a violation of her right to life under Article 25 of the Constitution of Kosovo.

This case exemplifies the critical need for effective and timely institutional responses to domestic violence reports to prevent such tragic outcomes. 44The decision underscores the necessity for the Kosovo Police and the judicial system to improve their handling of domestic violence cases, ensuring that survivors receive the protection they need and that perpetrators are held accountable. Additionally, the

Constitutional Court decision on the Suzana Zogiani Sekiraqa case also provides critical insights into institutional shortcomings. Suzana Zogiani Sekiraqa was sentenced to 25 years in prison for the murder of her husband, whom she killed after years of domestic abuse.45 Despite reporting the abuse to authorities in both Kosovo and France, adequate protection measures were not provided. The Court found that the procedural handling of her case violated her right to a fair trial, as she was denied the opportunity to cross-examine witnesses, and the testimonies of the French authorities regarding her abuse were not considered. Additionally, the lack of a psychiatric evaluation and the improper questioning of her minor son without professional support were significant procedural flaws.46 The court further highlighted that the year-long abuse she suffered was not acknowledged as a mitigating factor in her case.47

40 Kosovar Institute for Policy Research and Development, Accessing Justice for Victims of Gender Based Violence in Kosovo: Ending Impunity for

Perpetrators. 2018 41 Ibid.

42 Ombudsperson Institution. Annual Report 2020.

43 Center for Information, Critique, and Action, "Constitutional Court highlights that Sebahate's Morina Right to Life was Violated, 2023, at:https://qika.org/gjykata-kushtetuese-konstaton-se-sebahate-morines-i-eshte-shkelur-e-drejta-per-jete/ 44 Ibid.

45 Constitutional Court of the Republic of Kosovo, Notification on decision in Case KI 161/21, 2023, at: https://gjk-ks.org/en/notification-on-decision-in-case-ki-161-21/ 46 Ibid 47 Ibid

“Reporting of domestic violence increases annually. This does not necessarily mean that it is occurring more, it just means that more victims are coming forward and reporting it”

GBV Programme Manager at the Kosovo Women’s Network.

https://www.eeas.europa.eu/sites/default/files/accessing_justice_for_victims_of_gender_based_violence_in_kosovo_eng.pdf https://www.eeas.europa.eu/sites/default/files/accessing_justice_for_victims_of_gender_based_violence_in_kosovo_eng.pdf https://equineteurope.org/annual-report-2020-of-the-ombudsperson-institution-of-kosovo/ https://gjk-ks.org/en/notification-on-decision-in-case-ki-161-21/ https://gjk-ks.org/en/notification-on-decision-in-case-ki-161-21/

Sexual Violence

Similarly to Domestic Violence sexual harassment is underreported. Survey data shows that 29% of women in Kosovo have experienced sexual harassment.48 When exploring the level of harassment in the workplace, survey data showed that only 9% of women had this experience, which was mainly in the form of verbal remarks of a sexual nature and inappropriate comments.49 Between 2019 and 2022, the Kosovo

Police received 231 reports of sexual harassment and 257 reports of sexual assault.50 Between 2020 and

2023, there were 63 reports for sexual assaults, 56 from women and 7 from men.51

Stalking is another form of gender-based violence, which is also underreported. Survey data shows that

8% of women experience stalking, in the form of calls, deliberate following, and texts.52 Another issue raised with the increased usage of social media is cyber violence in the form of enticing survivors s to open different links or share pictures, and then misusing this content or blackmailing them for it.53

Cyber Violence Cyber sexual violence is a growing issue in Kosovo, with institutions struggling to keep up with the rise in incidents.54 The rapid increase in internet and social media use has facilitated various forms of online violence, such as the sharing of non-consensual images, cyber harassment, and online gender-based hate speech.

Despite some progress, there is still a significant gap in the ability of legal and support systems to address these problems effectively. Kosovo's legislation currently does not address gender-based violence enabled by the internet and digital technologies.55 This legal vacuum makes it difficult for authorities to protect users from online abuses effectively. The report highlights that while there are general laws on gender-based violence, they do not sufficiently cover abuses facilitated by digital technologies, leaving many cases unaddressed by the legal system56

This issue is particularly harmful to youth, especially young women, who are often the targets of severe online predation and abuse. Many institutions in Kosovo lack the necessary tools and training to properly investigate and prosecute cyber sexual violence.57 On the other hand, youth are also unaware of the legal

48 Organization for Security and Co-operation in Europe (2019). Survey on the Well-Being and Safety of Women in Kosovo. Page 8.

49UN Women and IDRA (2023). Occupational Safety and Health: A study of sexual harassment in the workplace in Kosovo for public and private sector. Page 46.

50 Center for Information, Critique, and Action, Open Data Platform on Gender-Based Violence, 1≠1, at: https://data.qika.org/en/ 51 Data provided by the Kosovo Police, March 2024.

52 Organization for Security and Co-operation in Europe (2019). Survey on the Well-Being and Safety of Women in Kosovo. Page 44.

53 Kosovo Women's Network (2024). Gender Equality: At the Centre of IT... and Beyond A Gender Analysis of Digitalisation in Kosovo. Page 175.

54 Key Informant Interviews, June and July 2024 55 BIRN, Misogyny in the Albanian Digital Manosphere: The case of "Albkings", 2024, at: https://balkaninsight.com/wp-content/uploads/2024/06/THECASE-OF-ALBKINGS.pdf 56 Ibid.

57 Western Balkans Cybersecurity Research Network, "Online Actions, Offile Harm: Case studies on Gender and Cybersecurity int he Western

Balkans, at: https://kipred.org/repository/docs/Online-actions-offline-harms__725280.pdf

“We have encountered several instances in schools where young women's private photos were being circulated on social media via fake accounts. This situation left them frightened and unsure of where to turn for help, as they feared victim-blaming and lacked knowledge about reporting mechanisms" https://www.osce.org/files/f/documents/d/c/439781.pdf https://eca.unwomen.org/sites/default/files/2023-04/ENG_Safety%20Sexual%20Harassment%20and%20Well-Being%20of%20Women%20in%20the%20Workplace%20%20in%20Kosovo_English.pdf https://eca.unwomen.org/sites/default/files/2023-04/ENG_Safety%20Sexual%20Harassment%20and%20Well-Being%20of%20Women%20in%20the%20Workplace%20%20in%20Kosovo_English.pdf https://data.qika.org/en/ https://www.osce.org/files/f/documents/d/c/439781.pdf https://womensnetwork.org/wp-content/uploads/2024/02/Barazia-Gjinore-dhe-TI_-Analiza-Gjinore-e-Digjitalizimit-ne-Kosove-1.pdf https://balkaninsight.com/wp-content/uploads/2024/06/THECASE-OF-ALBKINGS.pdf https://balkaninsight.com/wp-content/uploads/2024/06/THECASE-OF-ALBKINGS.pdf https://kipred.org/repository/docs/Online-actions-offline-harms__725280.pdf protections available to them or how to report such incidents.58This gap in knowledge and resources contributes to the underreporting and inadequate handling of cases, leaving many survivors without the justice and support they need.

Institutional Response

There are many institutions in Kosovo that work towards protecting and supporting survivors of GBV.

These institutions play important roles in ensuring safety, providing necessary services, and facilitating justice for survivors. They include the Kosovo Police, the State Prosecutor's Office, the Victim’s Advocacy and Assistance Office, Centers for Social Work, shelters, the Agency for Free Legal Aid, and the court system. Each of these entities has specific responsibilities and mechanisms in place to address and respond to cases of gender-based and domestic violence effectively.

The Kosovo Police

The Kosovo Police are responsible to protect the survivor, investigate the case, and assess the risk for potential threats to safety.59 Survey data shows that Kosovo Police remains the first authority to go to if one feels threatened, as reported by 57% of women respondents.60 They also provide the survivor information about the next steps and the services available, and they can also issue temporary emergency protection orders in periods outside of working hours of the courts.61 As per the action plan62 of the national strategy, the Kosovo Police now has a designated Directorate for Prevention and Investigation of

Domestic Violence, which has its own sectors and more staff and resources than they had when this matter was handled on a sector basis.63 They are also in the process of establishing friendly rooms64, with rooms already set up in 26 out of 41 stations.65 When assessing the average response rate of the police in cases of domestic violence, measured as the time between the recipients of the call to arrival in location,…