Kosovo represents an advanced model of protecting and promoting minorities rights and freedoms, giving the essential role and guarantees in making Kosovo home to all it’s communities.
It’s democratic system reflects over proportional representation in all fields of public and social life.
In this video, I will not compare Kosovo with other countries in the region, mainly due to the fact that Kosovo is proud of its treatment of minorities in way more democratic values than other countries in the region.
Thus, what Kosovo has achieved since it’s independence of 2008 could be serving as a great model in out region.
Immediately after the war, a new era for Kosovo people begun.
Kosovo was liberated in 1999, after decades and decades of hegemonic and inhuman occupation from Serbia. It was Kosovo Liberation Army resistance and NATO intervention that stopped the Serbian genocide against Kosovo people.
Immediately after the war, a new era for Kosovo people begun.
We committed ourselves to offering the hand to minorities, promoting democracy, human rights and freedoms to all.
In 2008, Kosovo adopted it’s democratic Constitution after declaration of independence, which was found not in violation with International Law by International Court of Justice in July 2010.
Kosovo, based on Article 1, paragraph 2, is defined as a state of its citizens.
The official languages in the Republic of Kosovo are Albanian and Serbian, while Turkish, Bosnian and Roma languages have the status of official languages at the municipal level.
Values of Kosovo Constitutional order
Values of Kosovo Constitutional order are defined by Artcile 7 of the Constitution:
The constitutional order of the Republic of Kosovo is based on the principles of freedom, peace, democracy, equality, respect for human rights and freedoms and the rule of law, non-discrimination, the right to property, the protection of environment, social justice, pluralism, separation of state powers, and a market economy.
Kosovo automatically by adopting the Constitution has agreed on Direct Applicability of International Agreements and Instruments.
Thus, the Article 22 defines that the Human rights and fundamental freedoms are guaranteed by international agreements and instruments and, in the case of conflict, have priority over provisions of laws and other acts of public institutions.
Details of democratic treatment of minorities in Kosovo
But, let’s see in more details the model of over-proportional representation of minorities that Kosovo has established since 2008.
In Kosovo Parliament:
Guaranteed seats, 10 seats for Serbs and 10 for Non-Serb minorities, out of 120 seats overall.
Two Deputy Presidents of the Parliament represent non-majority communities.
Guaranteed seats as vice chair in all Parliament Committees.
The Committee on Rights and Interests of Communities is a permanent committee of the Assembly, composed of 2/3 of members of non-majority communities.
Article 81 [Legislation of Vital Interest]
There are 8 laws that shall require voting of double majority, respectively voting of majority of the Assembly representatives of minorities.
In Government of Kosovo:
Reserved Ministerial posts for minorities.
Currently, there are 3 Ministers from minorities out of 15 Ministries of Kosovo Government.
1 Serb and 2 non-Serb communities’ representatives.
Also, there is one Deputy Prime Minister representing minorities.
There are a number of Deputy Ministers and Political Advisors to the Government from minorities.
Even the Civil Service is defined by Constitution as an multi-ethnic service. Article 101 defines that the composition of the civil service shall reflect the diversity of the people of Kosovo.
In Judiciary of Kosovo
There are reserved seats in all levels.
In Constitutional Court, 2 out of 9 jugdes are reserved for serbs and other minorities.
In Supreme Court, at least fifteen percent (15%) of the judges of the Supreme Court, but not fewer than three (3) judges, shall be from Communities that are not in the majority in Kosovo.
In Kosovo Judicial Council, 4 members out of 13 are reserved for minorities – respectively 2 serbs and 2 other minorities.
In Central Election Commission, 3 out of 11 members of Central Election Commission are reserved for Communities.
In Kosovo Ombudsperson, at least one (1) Deputy Ombudsperson shall be a member of a Community not in the majority in Kosovo.
In Kosovo Police
There are 2 deputy General Director – one of them is from Kosovo Serb community.
Kosovo Police has 8 Regional Directors – one of them is agreed to be appointed with Kosovo Serb police officers.
Cultural Heritage Protection Squad is functional.
In Municipal Level
Kosovo has 38 Municipalities, out of which:
10 Serb Majority Municipalities, and
1 Turkish Majority Municipality.
Within Serb Majority Municipalities, there are Municipalities with enhanced competencies, including the third level of education and health.
A post of Vice President of the Municipal Assembly for Communities shall be reserved for a representative of communities in all municipalities.
Representation for non-majority Communities in the Republic of Kosovo in the municipal executive body is guaranteed.
Freedom of religion is guaranteed
Regarding to Kosovo Serb community
- Serb Orthodox Church has a special legal status and additional protection;
- Serb Orthodox Church is exempt from certain taxes;
- Serb Orthodox Church can get donations and other benefits from external sources;
- Kosovo established Special Protection Zones for cultural heritage sites
The President of Kosovo established the Consultative Council for Communities
It is an inclusive association which represent the communities’ rights.
Rights of Communities and their Members
Are defined and promoted by the Constitution. Among other rights, Constitution guarantees that members of communities shall have the right, individually or in community, to:
- express, maintain and develop their culture and preserve the essential elements of their identity, namely their religion, language, traditions and culture;
(10) have guaranteed access to, and special representation in, public broadcast media as well as programming in their language, in accordance with the law and international standards;
Members of minorities based on Article 61, are entitled to equitable representation in employment in public bodies and publicly owned enterprises at all levels.
Veto
Minorities in Kosovo have their Veto in any process of amendments of Constitution of Kosovo through double two thirds of Members of Parliament.
Respectively, any amendment shall require for its adoption the approval of two thirds (2/3) of all deputies of the Assembly including two thirds (2/3) of all deputies of the Assembly holding guaranteed seats for representatives of communities.
We can talk in much more details about the values of Kosovo democratic system regarding to protecting and promoting the minorities’ rights and freedoms.
In one sentence:
Kosovo: HOME to all communities.
In out next video, we will talk about why Kosovo people are determined to develop democracy and prosperity for all.
We will see how much Kosovo people has suffered to achieve
FREEDOM, DEMOCRACY, INDEPENDENCE.