Education International Barometer of Human & Trade Union Rights in Education
Kosovo
Republic of Kosovo
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  Pre-primary Primary Secondary Tertiary Spending % of
Kosovo Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009
2008
2007 0
2006
2005
2004
2003
2002
2001
2000
1999
Last updated: 20 June 2007

Introduction

Kosovo is administered by the United Nations Interim Administrative Mission (UNMIK) in Kosovo. UNMIK is responsible for regulations and ratifies legislation passed by the Kosovo Assembly. The provisional institutions of self-government are established in the Constitutional Framework for Provisional Self-Government in Kosovo. Elections on the basis of universal suffrage were held for the Kosovo Assembly in 2004. Observers deemed the multi-party elections as generally free and fair. Elections are held every 3 years. The Assembly elects the President and Prime Minister. The 120-seat Assembly has 100 members elected by proportional representation and 20 members elected to represent national minorities. Numerous political parties exist, with the result that no party has gained power without forming a coalition. The LDK (Democratic League of Kosovo) and AAK (Alliance for the Future of Kosovo) currently form the governing coalition.

The Prime Minister resigned when the International Criminal Tribunal for the former Yugoslavia indicted him for war crimes. After the death of the President, the incumbent Prime Minister was replaced. The current Prime Minister has been recognised for his outreach to minorities, though Serbia claims he does not do enough for Kosovo Serbs. The Minister for Communities and Returns is the only Serbian minister in government. There are 36 women in the Assembly, 34 of whom have established an informal women's caucus with a multi-ethnic board. Women occupy every third spot on political party candidate lists. There are in practice 21 assigned ethnic minority seats in the Assembly, 10 for ethnic Serbs and 11 (including 1 proportionally elected seat) representing ethnic Turks, Bosniaks, Gorani, Roma, Ashkali and Egyptians. However, the ethnic Serbs boycott the Assembly and have not taken their Cabinet posts.

A UN-NATO peacekeeping force (KFOR) provides security. Politically motivated disappearances are reported. A working group continues its search for 2,464 persons missing from the 1999 conflict, mostly but not exclusively ethnic Albanians. Reports of politically motivated violence against ethnic Serbs have declined, but conditions remain difficult in the enclaves. A leader of the education union SBASHK received death threats for being in contact with the ethnic Serb education union SOK. A letter attached to his home warned him to cease contact with Serbian colleagues; after some time in exile, he has now returned to Kosovo. Education International and its member organisations have supported the work of SBASHK and SOK in this area. The International Crisis Group has reported that corruption is a problem among the security forces, particularly in the border police.

Discrimination on the basis of race, gender, ethnic origin, disability or language is prohibited, but violence and discrimination are reported. Legally, the judiciary is independent but is accused of being biased and subject to influence. The Serbian government operates a parallel but unauthorised judicial system in ethnic Serb enclaves. The courts have a backlog of residential property claims, mostly by ethnic Serbs. The public perceives official institutions as corrupt.

Freedom of speech and of the press are guaranteed and respected, though hate speech and articles inciting ethnic violence are prohibited. A press code has been adopted to provide for self-regulation of the media. Internet access is not restricted. Trafficking in persons is a criminal offence, but women and children are trafficked for sexual exploitation and domestic servitude or forced labour. International and local official involvement are cited. Kosovo is a source, transit, and destination region for trafficked persons. The International Organisation for Migration reported that 73% of Kosovars who have been trafficked had completed only primary education.

Freedom of movement is provided in law, but interethnic tensions restrict this freedom, and ethnic Serbs continue to live in enclaves and travel with difficulty. Ethnic Albanian attacks on Serbian Orthodox churches and cemeteries have resulted in extensive damage of religious sites dating from the fourteenth century.

Discrimination on the basis of sexual orientation is illegal, but the legislation is not enforced. Traditional attitudes result in intimidation of homosexuals, who have been portrayed in the press as paedophiles. Job discrimination against homosexuals is also reported, and the Justice Party includes a condemnation of homosexuality in its political platform.

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?Education Rights

Education is compulsory for children aged 6 to 15. Primary education is free. Children from some minority groups do not attend public schools because of security concerns. UNICEF reports that 97.5% of ethnic Albanian children and 99% ethnic Serbian children are enrolled in primary school; 77% of children of other ethnic minorities are reported to be in school. Fewer than 52% of children who complete primary education enrol in secondary school. Ethnic Albanian girls have lower rates for completion of secondary school than do Albanian boys or ethnic Serb girls. Regulations require equal conditions for schoolchildren regardless of ethnic origin, but this does not always work in practice. Mother tongue language instruction at primary and secondary levels is available for some Serbian, Bosnian and Turkish students. Schools in general have inadequate facilities and lack basic equipment.

A few schools house both Serb and Albanian pupils who study different curricula and rotate schedules. Roma, Ashkali and Egyptian children attend schools with ethnic Albanian children, and there are reports of intimidation. Roma children are disadvantaged by poverty and work from an early age. Bosniak children are often unable to get primary education in their language. Anti-trafficking educational materials have been produced for use in primary and secondary schools since children are victims of trafficking.

A teacher was suspended for wearing a headscarf to class, and the principal cited a law making public education institutions "neutral towards religion." The Pristina department of education subsequently dismissed the teacher. School authorities have also dismissed a student from class for wearing a headscarf. The Organisation for Security and Cooperation in Europe (OSCE) ombudsman recommended that the prohibition of headscarves should only apply to school teachers and officials, not students.

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?Children with Special Needs

Discrimination against persons with disabilities is prohibited in education and in other state services, but is noted in practice. There is a reported lack of expertise on the issue of the rights of persons with disabilities and a high rate of child abandonment. Children with disabilities are often hidden away without proper care in rural areas. Abandoned disabled children aged 3 to 18 live in government-funded homes. Some attend specialised schools. People with mental disabilities are detained in isolation. From mental health care facilities come reports of physical abuse, sexual assault, neglect and arbitrary detention by staff and patients.

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?Refugee Children

The law does not provide for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees or its 1967 Protocol. The UNHCR reports some 225,487 persons are displaced in Serbia and Montenegro from the 1999 conflict, and 1,364 of the 4,100 persons driven from their homes in 2004 riots in Mitrovica and Pristina remain displaced. Uncertainty over Kosovo's future, lack of employment, security concerns and property disputes leave many discouraged. 2,048 minority members have returned to Kosovo, 35% of them being ethnic Serbs.

Religious identity and ethnicity are closely intertwined. The Serbian Orthodox Church influences cultural, historical, political and religious views. Violence and crimes against property are a problem. Private property belonging to ethnic Serbs is a target for arson by ethnic Albanians; some cases of violence against Serbs are thought to be efforts to force them to sell property.

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?Minorities and Indigenous Peoples

Discrimination continues against ethnic Serbs in education and health services. Minority employment is low and is generally in menial work. Minorities occupy 11% of positions in government, despite a target of more than 16%. Kosovo Albanians destroyed their homes and are forced to live in camps for internally displaced persons.

Roma live in abject poverty without access to hygiene, medical care and education and subject to social and economic discrimination. Bosniak leaders complain of discrimination and a lack of economic opportunity. Authorities began a process of decentralisation in mono-ethnic areas. The process has been delayed as opposition parties oppose the working program; Serbs left the discussions following a failure to reach consensus on the boundaries for 2 pilot projects.

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?Academic Freedom

Reports do not indicate any restrictions of academic freedom. Serbian academics have mostly left Kosovo and are in exile.

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?Gender Equality

The Prime Minister has created an office for gender equality. The subject of discrimination against women has been introduced into the human rights curriculum at the University of Pristina. Sexual harassment is a common problem and is not illegal. Women have the same legal rights as men, but not the same social status. Women and men have an equal right to inherit property, but family property by tradition passes only to men. Few women achieve upper-level management positions. Women are increasingly found in the paid work force, but female unemployment is reported at around 70%, much higher than unemployment in the whole population, which may be as low as 40%. In rural areas women have little ability to make decisions involving their children or to exercise control over property. Rural Albanian widows can lose custody of their children through a custom that passes children and property to the deceased father's family, while the widow is expected to return to her birth family.

Domestic violence is a serious problem. Violence is under-reported since the cultural stigma stops families from filing charges. Trafficking in women for sexual exploitation is a serious problem

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?Child Labour

The minimum age for employment is age 16. Under age 18, work cannot jeopardise the health, safety or morals of a young person. Children may work at age 15 if the work is not harmful or prejudicial to school attendance. A prohibition of forced or compulsory labour is provided in law, but children are trafficked for sexual exploitation and some are forced to beg. Young children work to assist on small-scale family farms. Urban children work in the informal sector. The number of children selling on the streets is increasing.

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?Trade Union Rights

Workers have the right to form and join trade unions. The Association of Independent Trade Unions of Kosovo (BSPK) claims over 120,000 members, though only 50,000 are employed. The BSPK claims worker rights are abused. Collective bargaining is permitted but rarely takes place. The education union, SBASHK, has bargained with the education ministry on salaries and conditions of work. UNMIK does not recognise the right to strike, but strikes take place.

Forced or compulsory labour is prohibited, but reports indicate that such practices occur. Regulations permit a minimum wage, but none has been set. The average full-time monthly public sector wage is US$181 (151 euros); the average private sector wage is US$250 (208 euros); neither provides a decent standard of living for a worker and family. A 40-hour work week is standard.

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Footnotes

Education Statistics: Separate education statistics are not provided for Kosovo, because despite its separate government it remains part of the Republic of Serbia.

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Country/Territory name Republic of Kosovo
Population 2200000 (2005)
ILO Conventions
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