Report of the Head of the OSCE Mission in Kosovo, Ambassador

PC.FR/1/14
30 January 2014
OSCE+
ENGLISH only
Report of the Head of the OSCE Mission in Kosovo,
Ambassador Jean-Claude Schlumberger,
to the OSCE Permanent Council
6 February 2014
1. Major developments in Kosovo1
The dominant topic of the reporting period was the continued dialogue between Prishtinë/Priština and
Belgrade facilitated in Brussels by the European Union. On 8 September Prime Ministers Hashim
Thaçi and Ivica Dačić reached an agreement on telecommunications and energy. The prime ministers
met again in Brussels on 7 October, discussing modalities surrounding the 3 November local elections
in Kosovo. As the facilitator for the conduct of the elections in northern Kosovo, the OSCE
participated in the meeting to inform the prime ministers about the preparation process. On 5 and 13
December – just ahead of the EU Ministerial Council of 17 December, where the Council was
expected to announce its decision on the date for opening accession negotiations with Serbia,
European Union High Representative (EUHR) Catherine Ashton hosted another meeting of the prime
ministers in Brussels to discuss the further implementation of the 19 April 2013 First Agreement of
principles governing normalisation of relations between Belgrade and Prishtinë/Priština. An
agreement was reached on the modalities of integrating Kosovo Serb security personnel into Kosovo
Police. On 13 December the Kosovo Ministry of Internal Affairs announced that the first employment
contracts were signed with former members of the Serbian Ministry of Internal Affairs (MUP).
On 14 December the Kosovo government announced the commencement of the implementation of the
agreement on customs and the collection of VAT and excise taxes at the northern Kosovo crossing
points in Jarinje (Gate 1, Leposavić/Leposaviq) and Brnjak (Gate 31, Zubin Potok), whose revenues,
according to the implementation plan of the 19 April Agreement, are to be channelled into a
development fund for northern Kosovo. Progress was also made in the implementation of the
agreement on civil registry, reached on 2 July 2011. As of December 2013, EULEX has handed over
10,121 copies, out of a total of approximately 12,000 original civil registry books.2
Technical working group meetings resumed in Brussels in early January 2014 to define procedural
details with regard to the inauguration of the municipal assemblies of the four northern municipalities,
as well as the establishment of the Association/Community of Serb municipalities in Kosovo.
On 3 November mayoral and municipal assembly elections took place throughout Kosovo. No major
incidents or irregularities were reported south of the river Ibar. On 1 December run-offs for mayoral
elections were held in 25 municipalities.3 No major irregularities were reported, except for in
Parteš/Partesh municipality, where the second round of mayoral elections had to be repeated on 15
December in one polling centre, comprising three polling stations, in light of incidents on 1 December
in which sensitive materials at these polling stations were severely damaged.
The 19 April Agreement also stipulated that local elections in northern Kosovo are to be facilitated by
the OSCE. The OSCE was thus entrusted with chairing the meetings of the Working Group on
1
All references to Kosovo institutions/leaders refer to the Provisional Institutions of Self Government.
The copies of civil registry books are produced and certified as part of an EU funded project based in Niš, involving
EULEX, the EU Office in Kosovo/EUSR, the Danish Refugee Council as the implementing partner, and representatives
from Belgrade and Prishtinë/Priština. Following the handover to the Kosovo Civil Registration Agency, the certified copies
are hardcover bound in Prishtinë/Priština and subsequently handed over to the local municipal institutions for everyday use
in the municipal civil status offices.
3
According to the Central Election Commission (CEC), the overall turnout throughout Kosovo in the first round was 46.31
percent and in the second round 40.31 percent.
2
11403/14nn
Elections, composed of relevant representatives of Prishtinë/Priština and Belgrade, taking place in the
framework of the EU-facilitated dialogue process in the period June-November 2013. In line with the
19 April Agreement and the subsequent conclusions of the Working Group on Elections, the OSCE
conducted numerous activities within its facilitation role and in support to the Central Election
Commission (CEC), including the local election management structures. The OSCE provided
facilitation in the following areas: establishment of municipal election management bodies and
provision of advice to these bodies on a daily basis, key activities related to voter services, by-mail
voting for displaced persons residing in different areas of Serbia and Montenegro, political entity
certification, and voter information,
The first round of municipal and mayoral elections in northern Kosovo was also held on 3 November.
On the day, the OSCE deployed 240 facilitators to 94 polling stations in the four northern Kosovo
municipalities. Voting proceeded with no significant incidents reported until around 16.45 hrs, when a
group of around 30 masked men stormed into the polling centre Sveti Sava in Mitrovica/Mitrovicë
North and destroyed ballot boxes and other election materials, exhibiting hostility towards the OSCE
and local election staff and throwing tear gas. A similar scenario happened at the Technical School
polling centre in Mitrovica/Mitrovicë North, with indications that it might be repeated at the polling
centre Medical School in Mitrovica/Mitrovicë North. The OSCE facilitators withdrew from the three
schools. At 18.00 hrs, the security situation further deteriorated when a group of extremists gathered
outside the biggest polling centre in Zvečan/Zveçan municipality, throwing stones at OSCE and
EULEX vehicles and also exhibiting hostility. At 18.30hrs, the OSCE closed the polling stations in all
three remaining northern municipalities and took custody of election materials. The OSCE facilitators,
escorted by EULEX and KFOR, made their way safely to the hubs south of the river Ibar. Election
materials from the municipalities of Leposavić/Leposaviq, Zubin Potok, Zvečan/Zveçan, and from the
non-attacked centres in Mitrovica/Mitrovicë North were subsequently delivered to the CEC.
The CEC called for a re-vote in the three attacked centres in Mitrovica/Mitrovicë North, which was
held on 17 November with the facilitation of 60 OSCE staff deployed to the locations. Kosovo Police,
EULEX and KFOR significantly enhanced their presence at the voting locations and the re-vote was
held without significant incident. On 1 December run-off mayoral elections were held in
Mitrovica/Mitrovicë North and a re-vote was held at the polling centre in Zvečan/Zveçan which had
been attacked on 3 November, following a complaint by a political entity leading the CEC to call for a
re-vote. The OSCE deployed 110 facilitators and the three security responders maintained an
enhanced security presence near all voting locations. Voting on 1 December was also conducted
without incident. The overall turnout for the four northern Kosovo municipalities was above 25
percent. Candidates from Citizen Initiative Srpska (GIS) won the mayoral positions in all four
municipalities: Leposavić/Leposaviq (Dragan Jablanović), Zubin Potok (Stevan Vulović),
Zvečan/Zveçan (Vučina Janković) and Mitrovica/Mitrovicë North (Krstimir Pantić).
On 12 December the CEC certified the final results of the second round of mayoral elections on 1
December, as well as the results of the elections for municipal assemblies, which took place on 3
November along with the first round of mayoral elections. On 16 December it also certified final
results for mayoral elections in Parteš/Partesh municipality. According to the final certified results the
overall turnout in the 3 November local elections was 46.31 percent, representing a slight increase in
participation in comparison to the 2009 elections (with a turnout of 45.36 percent).
According to a preliminary statement of the European Union Election Observation Mission (EU
EOM), the elections were a “positive step forward for democracy in Kosovo”. In most of Kosovo,
Election Day passed calmly and peacefully, with people expressing their democratic right to vote,
including in most areas of northern Kosovo, despite attempts by opponents of the elections to
dissuade people from voting there. The EU EOM further stated that the OSCE Mission played a
crucial role in facilitating the elections in the north, as well as out-of-Kosovo postal voting from
different areas of Serbia and Montenegro.
2
The elections brought changes in the leadership of several municipalities. Isa Mustafa, President of
the Democratic League of Kosovo (LDK) and incumbent mayor of Prishtinë/Priština, lost the run-off
to Shpend Ahmeti from the Vetëvendosje (‘Self-Determination’) Movement. The leading government
coalition member, Democratic Party of Kosovo (PDK), and the third largest party in Kosovo, Alliance
for the Future of Kosovo (AAK), also lost the leading position in several municipalities they
previously held. For the first time, a woman has been elected mayor, with Mimoza Kuzari-Lila of the
Alliance for New Kosovo (AKR), who is a former Deputy Prime Minister and Minister of Trade and
Industry, winning elections in Gjakovë/Đakovica. The breakdown in terms of mayoral positions per
party is the following: Democratic Party of Kosovo (PDK) - 10 municipalities (down from 14 won in
2009 elections), LDK - nine municipalities (up from seven won in 2009 elections), Citizen Initiative
Srpska (GIS) - nine municipalities, Alliance for the Future of Kosovo (AAK) - three municipalities
(down from six in 2009 elections), AKR - two municipalities (none won in 2009), SLS (the Kosovo
Serb Autonomous Liberal Party) - one municipality (down from three in 2009 elections), and
Vetëvendosje - one municipality, with other municipalities being won by local-level civic initiatives.
On 11 January, following a wide consultation process, inaugural sessions were held by the four
northern Kosovo municipalities, in line with existing legal procedures. Mayors and municipal
assembly members took the oath of office and the municipal bodies were thus formally established,
except in the case of the mayor-elect of Mitrovica/Mitrovicë North, Krstimir Pantić, who refused to
sign an oath of office under a notion that Kosovo symbols were featured on the document under a
white band that reportedly covered a portion of the paper. As a consequence, on 20 January, President
Atifete Jahjaga called a repeat mayoral election for the municipality, to be held on 23 February. The
election will be held under OSCE facilitation and generally under the same arrangements as the
previous rounds of elections in the four northern Kosovo municipalities.
In terms of other developments during the reporting period, the Assembly of Kosovo was brought to a
stalemate on several occasions, with the main issue of discontent being the privatisation of 75 percent
of shares of the Post and Telekom of Kosovo (PTK), a publicly-owned enterprise. A series of
Assembly attempts to approve the Report of the government commission on PTK privatization, i.e. to
approve the sale of 75 percent of PTK shares, was not successful. On 26 December a final attempt to
approve the PTK privatization by including it in the Kosovo budget for 2014 as an amendment to the
draft law on budget was attempted, but was also unsuccessful. Thus, on 31 December, the Ministry of
Economic Development issued a press release announcing that due to the failure of the Assembly of
Kosovo to approve the Report, and since the deadline for the signing of the contract with the best
bidder expired on 30 December, the government commission “decided to terminate the process of the
privatization”.
It is notable that, in the course of PTK privatization discussions, opposition to the motion also came
from Assembly members representing the leading governing coalition member, PDK. Indeed, the
President of the Assembly, Jakup Krasniqi, and Fatmir Limaj, a senior party official and former
minister, were vocal against PTK privatization, as well as other PDK-run initiatives in the Assembly.
Mr Krasniqi and Mr Limaj also supported the newly-established Citizen Initiative for Drenas
(Gllogovc/Gllogovac) and Citizen Initiative for Malishevë, both seceding from local PDK structures
in the two municipalities. The latter initiative even won the mayoral elections in Malishevë/Mališevo,
taking the municipal leadership away from PDK for the first time since 1999.
On 26 December the Assembly dismissed the chairperson (Kosovo Albanian) and a member (Kosovo
Serb) of the Independent Media Commission (IMC) on grounds of continued unlawful involvement in
politics while serving as board members of an independent executive institution. The Head of the
OSCE Mission in Kosovo, Ambassador Jean-Claude Schlumberger, issued a public statement
welcoming the decision and hoping that it will help improve the situation of the broadcast media
regulator, as well as that the Assembly will act swiftly by appointing eligible, independent, and
professional members to the IMC Board.
3
On 11 January members of the Kosovo and Albanian government cabinets met in Prizren for “a joint
meeting to discuss important topics with the aim of deepening the cross-state cooperation”.4 The
meeting covered the situation of ethnic Albanians in southern Serbia, cooperation in several sectors,
facilitation of trade and joining efforts in the translation of the EU acquis communautaire into the
Albanian language. After the meeting, the two prime ministers signed a document on strategic
cooperation and partnership. In subsequent days, Prime Minister Thaçi stated that preparations had
started for a joint meeting with the government of the former Yugoslav Republic of Macedonia and
that there will be such meetings with other governments from the region in the future.
On 16 October the European Commission (EC) published its 2013 Enlargement Package and the 2013
Progress Report on Kosovo. The report lists progress regarding some political criteria and on the
implementation of EU legislation, and reflects a comprehensive reform agenda which Kosovo
institutions should address. The report “underlined the necessity to keep normalising relations with
Serbia and to continue building an inclusive Kosovo”. It also stated that further efforts are needed to
meet the challenges of the European reform agenda and lists as priority areas the rule of law,
judiciary, public administration, electoral reform, human and fundamental rights, protection of
communities, trade and internal market issues.
On 23 December the EC approved additional funds to “support the normalisation of relations between
Kosovo and Serbia”.5 Following its announcement at the end of October to allocate at least €15
million under the Instrument for Pre-Accession (IPA) to address the needs of Serb majority
municipalities throughout Kosovo, in particular the northern municipalities, the EC adopted a package
totalling €38.5 million. This fund will focus on the municipal infrastructure, public administration,
rural and regional development, employment, education and environmental protection. It comes in an
addition to the €70 million available under the 2013 IPA programme for Kosovo.
The European Union Rule of Law Mission in Kosovo (EULEX) continued its activities, including
those related to the prosecution of organized crime, war crimes and corruption. With a view to the
expiry of its current mandate on 14 June 2014, the Kosovo government on 18 September forwarded to
the Assembly of Kosovo a strategy for the gradual transfer of EULEX competencies to Kosovo
institutions. At the time of reporting, the draft was still under discussion. On 8 January 2014, Deputy
Prime Minister and Minister of Justice Hajredin Kuçi (PDK) stated that, after June 2014, EULEX
should have a monitoring and advisory role only.
On 17 September a panel of two EULEX judges and one Kosovo judge at the Basic Court in
Prishtinë/Priština acquitted the former minister and senior PDK member, Fatmir Limaj, and nine codefendants of war crime charges in the so-called Klecka case,6 after the trial panel considered that the
prosecution’s case rested substantially on the evidence of the deceased witness Agim Zogaj, which
was found inconsistent and contradicted by other evidence. The court found, however, in regard to a
Kosovo Liberation Army (KLA) operated detention centre in the village of Kleçkë/Klečka in 1999,
that some detainees were mistreated during their detention, that a number of detainees were
unlawfully killed in the detention centre and that one victim remained missing.
In another war crimes case – the so-called Drenica group case – the Special Prosecution of Kosovo
held the initial hearing on 27 November against four defendants charged with criminal offences of
war crimes against the civilian population, including torture and rape of two Kosovo Albanian
civilians, allegedly committed in Vaganica and Likoc/Likovac in 1998/1999. The accused include
Sylejman Selimi, Prishtinë/Priština’s ambassador in Tirana and a former KLA commander, and three
4
See [in Albanian] http://kryeministri-ks.net/?page=1,9,3951.
See http://eeas.europa.eu/delegations/kosovo/press_corner/all_news/news/2013/20131223_en.htm
6
The defendants were charged with, inter alia, war crimes allegedly committed in 1999 at an improvised Kosovo Liberation
Army detention centre located in Kleçkë/Klečka village in Malishevë/Mališevo municipality. Already in May 2012 the Basic
Court in Prishtinë/Priština had acquitted Fatmir Limaj and three co-defendants due to a lack of evidence, declaring the
testimony of a key witness of the prosecution inadmissible. In November 2012, the Kosovo Supreme Court ordered a retrial
of the case, annulled the first verdict of the Basic Court and declared the testimony of the key witness admissible.
5
4
other former KLA members. On 13 December EULEX issued a press release stating that human
remains were discovered “during the site assessment at the Rudnica quarry in the municipality of
Raška, Serbia”. According to EULEX, the remains of at least four victims were found buried at the
site. The operation is being conducted by Serbian authorities, the EULEX Department of Forensic
Medicine and forensic experts from the Kosovo Department of Forensic Medicine, and in the
presence of the EULEX War Crimes Investigation Unit, the Serbian Government Commission for
Missing Persons, and the International Committee of the Red Cross.
In terms of the international military presence, on 6 September, in a ceremony held at KFOR
headquarters, KFOR changed command with Major General Salvatore Farina (Italian Army) taking
over from Major General Volker R. Halbauer (German Army), who was serving since 7 September
2012. The number of KFOR troops in Kosovo is just under 5,000. There are no immediate plans for
the redeployment of the Operational Reserve Force (ORF) Battalion, which departed Kosovo in midJanuary 2013.
On 19 November the UN Security Council held its regular quarterly session on Kosovo, where the
UN Secretary General Special Representative for Kosovo presented the latest report on the UN
Interim Administration in Kosovo (UNMIK). The report noted that the implementation of the 19 April
Agreement between Prishtinë/Priština and Belgrade had passed an important milestone through the
successful conduct of municipal elections on 3 November. The report also noted that the priorities of
the UN Mission in Kosovo remain to promote security, stability and respect for human rights in
Kosovo and in the region, as well as the continuation of its constructive and intensive engagements
with Prishtinë/Priština and Belgrade, the communities in Kosovo, and regional and international
actors.
On 10-11 September the Heads of Delegation of 23 OSCE participating States7 and the head of the
EU Delegation to the OSCE travelled to Kosovo as part of a visit to a number of field operations in
the region. The delegation met with representatives of institutions, the Serbian Orthodox Church and
local communities, and the heads of international organizations in Kosovo. Also, the OSCE High
Commissioner on National Minorities, Astrid Thors, visited Kosovo from 22 until 24 October.
Ambassador Thors met with the President of the Assembly of Kosovo, the Minister of Communities
and Returns and other municipal, government and international officials, non-Albanian community
representatives and civil society, and visited a language training programme supported by her
institution for municipal officials in Fushë Kosovë/Kosovo Polje.8
On 21-23 January the Special Representative of the Chairperson in Office for the Western Balkans,
Ambassador Gérard Stoudmann, visited Kosovo as part of his visit to the region. Ambassador
Stoudmann met with senior management of the OSCE Mission in Kosovo, including the Regional
Centre in Mitrovicë/Mitrovica, as well as with President Atifete Jahjaga, and representatives of the
Kosovo government, municipal institutions, international organizations and the civil society. In a
press statement issued by President Jahjaga on the occasion of the visit, she “praised the cooperation
that Kosovo institutions have had with the OSCE Mission and at the same time thanked Ambassador
Stoudmann for the contribution this organization has extended in the past in terms of strengthening
democratic institutions in all of South-eastern Europe…”9
7
Albania, Armenia, Austria, Belgium, Croatia, Estonia, Finland, France, Germany, Greece, Italy, Ireland, Mongolia,
Norway, Poland, Russian Federation, Slovenia, Serbia, Sweden, Switzerland, the former Yugoslav Republic of Macedonia,
Ukraine, UK.
8
The HCNM has been funding language training in ten Kosovo municipalities since 2011 with the aim of improving the
provision of municipal services in both the Albanian and Serbian languages. Ambassador Thors noted that this programme is
a good example that should be followed by all municipalities so that communities can communicate with institutions and
between each other more easily.
9
See [in Albanian] http://www.president-ksgov.net/?page=1,6,3245.
5
2. Mission Activities
Human Rights and Communities
The OSCE Mission in Kosovo (Mission) worked to increase the compliance of central and local level
legislation and of public officials with international human rights, community rights and rule of law
principles. The Mission commented on a wide range of laws, including those on cultural heritage
protection and on data protection, and the majority of these comments resulted in changes to the law
during the drafting process. The Mission organized workshops for legal officers from various
ministries to increase their capacity to monitor the implementation of legislation at the executive level
and to improve internal administrative appeals processes at the executive level. To increase the
participation of the legal community in the law-making process, the Mission supported the Kosovo
Chamber of Advocates (KCA) by funding the placement of a local consultant to work with the KCA
for six months. This activity sought to increase the KCA’s ability to effectively engage in the lawmaking process, primarily through establishing a system whereby the institution could regularly
receive and comment on draft legislation.
To increase the compliance of law enforcement bodies with international human rights standards, the
Mission advised Kosovo Police on human rights issues related to hate crimes, freedom of expression,
the rights of arrested persons, and the use of force. The Mission continued to implement a
comprehensive programme on combating hate crimes, maintaining its focus on the Kosovo Police as
first responder. Following extensive advocacy efforts by the Mission, Kosovo Police decided to
include a module on combating hate crimes into the advanced training course for its officers at the
Kosovo Academy for Public Safety, starting in 2014, thus ensuring the sustainability of the Mission’s
programme. The Mission trained specialised police units on human rights and police ethics, providing
advanced training for commanding staff and basic training for police officers. It continued to build the
capacities of the Local Detention Monitoring Task Force.
The Mission supported the integration of Kosovo Roma, Kosovo Ashkali and Kosovo Egyptian
communities by assisting a platform of civil society actors in proposing recommendations to the
Kosovo government for improving current integration policies. Two municipalities were supported in
adopting local action plans to facilitate the integration of these communities.10 The Mission
implemented a public information campaign throughout Kosovo on language rights, through which it
also promoted the role of the Office of the Language Commissioner (OLC). A report was released on
the implementation of the legal and policy framework for the reintegration of repatriated persons,11
and the Mission conducted capacity-building activities with municipal officials to increase
compliance with that framework. The Mission organized meetings to improve relations between
Kosovo Albanian receiving communities and Kosovo Serb returnees. The Mission assisted the Office
of Community Affairs in drafting a document providing measures to improve co-ordination and
communication among officials responsible for protecting communities’ rights.
The Mission monitored the compliance of the judiciary with human rights standards in light of new
legislation on courts and on prosecution that reformed the justice system. The Mission supported the
Kosovo Judicial Council (KJC) in organizing a consultative process on the implementation of justice
reforms, through regional workshops held throughout Kosovo for justice system actors. This activity
aimed to strengthen the capacity of the KJC, based on the objectives of equal access to justice for all
communities, fair trial rights and multi-ethnic composition of the judiciary. The Mission supported the
KJC in organizing the Third Annual Judicial Conference, which discussed the Mission’s findings on
the implementation of the above-mentioned legislation by the judicial system. The conference focused
on four human rights concerns that arose from these findings: the rules on free legal aid in criminal
cases; the procedures for issuing and delivering summons; the system of appointing temporary
representatives for absent parties in inter-ethnic property disputes; and the failure of the judiciary to
hear and record evidence in criminal cases per international human rights and rule of law standards.
10
11
Shtime/Štimlje and Obiliq/Obilić municipalities.
See the report at https://www.osce.org/kosovo/110147.
6
The Mission promoted inter-faith dialogue through a conference that gathered religious leaders of the
Islamic, Serbian Orthodox, Catholic, Protestant and Jewish communities from throughout Kosovo. It
also supported the implementation of the legal and policy framework on equality and nondiscrimination by organizing training for municipal officials and civil society on that framework. The
Mission conducted awareness-raising activities in schools to promote diversity and nondiscrimination amongst youth. The Mission trained civil society organizations to effectively identify
and respond to violations of freedom of expression and hate speech. Workshops were organized on
the rights of women with disabilities, in particular from rural areas. Through individual meetings and
other outreach work, the Mission also sought to address the low secondary school enrolment rate of
girls in rural areas. It also organized prevention and outreach activities in secondary schools to raise
awareness on human trafficking, including trafficking for the purposes of forced child begging.
To strengthen institutional compliance with human rights standards, the Mission trained municipal
officials on budgeting based on the right to adequate housing, and lawyers on applying the right to
peaceful enjoyment of possessions under Protocol 1 to the European Convention on Human Rights.12
In its efforts to protect the property rights of all communities in Kosovo, the Mission held a
roundtable on the enforcement of tenure rights for occupiers of publicly-owned housing, and
supported the Property Rights Co-ordinator in drafting the 2014-2016 strategy on property rights
issues. The Mission launched a report on the provision of social housing13 and discussed its
recommendations with municipal officials to improve compliance with applicable legislation. The
Mission supported community participation in the regularization of informal settlements by drafting a
manual on the topic.14 Standards established in the manual were subsequently promoted at a workshop
for central- and local-level representatives and inhabitants of informal settlements. To strengthen
judicial capacity in adjudicating expropriation disputes, the Mission produced a compilation of
expropriation cases for judges in the Basic, Appeal and Supreme Courts. The Mission continued to
advocate for and promote non-Albanian communities’ cultural heritage rights by supporting a
government conference on the protection of movable cultural heritage, organizing a visit for school
children to the Serbian Orthodox Patriarchate of Peć, and Visoki Dečani and Gračanica monasteries.
Democratization
In support of civic engagement in local decision making processes, the Mission organized an
evaluation workshop with civil society organizations on public participation mechanisms. The
workshop solicited the opinions of civil society organizations on how to improve public participation
in decision making processes. In the last quarter of the year, the Mission also concluded a series of
municipal workshops on the role and responsibilities of the village council leaders and their
cooperation with municipal institutions. Additionally, the Mission conducted capacity building
activities for civil society organizations in Leposavić/Leposaviq on project cycle management, while
also discussing with international organizations present in northern Kosovo the legal requirements,
applicable procedures, lessons learnt and best practices for the development and implementation of
projects.
In September, the Mission, in cooperation with the Ministry of Local Government Administration
(MLGA) and the Office of Prime Minister, organized a workshop on implementation of the law on
access to public documents at the local level. The Mission also conducted a training session on
administrative law and procedures for local civil society representatives from a number of
municipalities, targeting organizations active at the local level. In addition, the Mission, in
cooperation with the Kosovo Institute for Public Administration, organized a series of training
sessions on the principles of administrative justice for civil servants across 25 targeted municipalities.
12
Training took place in the Prishtinë/Priština, Pejë/Peć and Gjilan/Gnjilane regions.
OSCE Report Assessment of the Provision of Social Housing by Municipalities in Kosovo (December 2013), at
http://www.osce.org/kosovo/108196.
14
Ministry of Environment and Spatial Planning, Manual on Regularization of Informal Settlements, 26 November 2013.
13
7
In light of the Mission’s support to enhanced participatory budgeting and greater accountability and
transparency at the municipal level, a series of workshops on the 2014 municipal budget development
process were organised in twenty-six municipalities across Kosovo. The workshops attracted the
participation of approximately 500 municipal practitioners and representatives from legislative and
executive branches involved in the budget development process. In support of gender responsive
budgeting, the Mission organized a workshop with municipal officials from targeted municipalities15.
During the event, it was noted that, as a result of the implementation of OSCE activities, there is a
significant increase in understanding among municipal senior officials, and an increased effort to
support activities that promote gender equality.
From September to December the Local Youth Action Councils (LYACs) implemented projects to
conduct outreach to rural areas, establish youth clubs and take part in volunteer activities. A
conference in December brought together central and local institutions with the LYACs to discuss
successes, challenges and best practices over the year. The conference presented the OSCE LYAC
participatory handbook, which will be used as a tool to train new LYAC members.
During the reporting period, local women caucuses16 across Kosovo organized outreach events in
respective municipalities to raise awareness among residents about topics such as property rights and
education for children with disabilities. Additionally, women caucuses were featured on TV and radio
debates to further promote awareness about challenges faced by women in accessing public life and
domestic violence. The caucuses also implemented small projects to address concerns identified by
women activists in their respective regions. These projects were drafted by women caucuses
following earlier OSCE trainings on project cycle drafting and management. Finally, in early October
2013, more than 90 women caucuses from across Kosovo met in Prishtinë/Priština to discuss best
practices and lessons learned from 2013 OSCE-sponsored activities.
The Mission supported the production of an audio-visual presentation to increase the understanding of
the role and importance of the newly established public broadcast channel in the Serbian language,
RTK2. In addition, the Mission supported RTK2 with in-house training courses on newsroom and TV
presentation skills for editors, journalists and TV presenters. The Mission also held a roundtable on
RTK2 outreach and viewership offering a platform for discussion among Assembly of Kosovo
members, the RTK Board and management, civil society, and journalists on the current situation of
RTK2 programme development and the fulfilment of audience expectations.
The Mission organized a meeting on the impact of the media on women’s public participation. The
meeting was attended by members of Kosovo media institutions, politicians/public officials, members
of the women caucus of the Assembly of Kosovo, gender equality experts, media representatives and
journalists, as well as representatives of international and civil society organizations from across
Kosovo. The event provided a platform for an informal discussion on the impact of the media in
promoting women’s public participation, focusing particularly on the issue of women’s access to the
media and media treatment of women. The Mission supported a workshop on enhancing the capacity
for conflict-sensitive reporting by Mitrovicë/Mitrovica journalists. The workshop was attended by 20
Kosovo Albanian and Kosovo Serb journalists from southern Mitrovicë/Mitrovica and
Mitrovica/Mitrovicë North, including three Kosovo Serb journalists from other areas.
The Mission supported five Assembly of Kosovo partner committees on human rights, rights of
communities, education, legislation and internal affairs in oversight of implementation of legislation.
The Committee on Internal Affairs concluded an inquiry into the budget performance of the Ministry
of Internal Affairs and Kosovo Police using a Mission-developed methodology. This was the first
time an Assembly Committee has overseen the financial performance of its line ministry. With
15
Prizren, Pejë/Peć, Mitrovicë/Mitrovica, Kamenicë/Kamenica, Lipjan/Lipljan.
The Mission supported the establishment of women caucuses in municipalities across Kosovo, mirroring the women
caucus in the Assembly of Kosovo and serving as a platform for the promotion of the rights and interests of women. Female
municipal assembly members, municipal officials and civil society representatives participate in these caucuses.
16
8
Mission support, members of the Assembly and civil society representatives drafted a parliamentary
declaration on cooperation between the Assembly and civil society. The declaration is pending
adoption by the Assembly. The Mission has supported the Women Caucus of the Assembly of
Kosovo to oversee the implementation of the law on labour from the gender perspective. This has
resulted in the preparation of a set of recommendations related to the gender aspect of this law. In
addition, the Mission has facilitated a number of outreach visits of the Assembly’s Women Caucus to
women caucuses on local level, with special focus on outreach to non-Albanian communities. These
visits have resulted in joint activities between the central and local level women caucuses.
Public Safety
As part of the continued effort to enhance co-operation between community safety forums and
Kosovo Police, the Mission organized five more regional seminars, bringing the total for 2013 to
twelve. The aim was to provide relevant interlocutors with the opportunity to share their best
practices, exchange experiences and discuss possible improvements in communications and cooperation in order to improve the safety of all communities in their respective municipalities. At the
same time, the Mission concluded a series of regional awareness-raising workshops on the current
status of the implementation of Community Policing Strategy and Action Plan 2012-2016. More than
400 high ranking police officers took part in eleven regional workshops designed to inform them
about the requirements, obligations and the implementation status of the Community Policing
Strategy.
The Mission assisted in the establishment of five more Local Public Safety Committees, bringing the
total number to 38, providing their members with a series of orientation sessions in different regions
throughout Kosovo, as well as with modules on community policing training. The training was
conducted in close co-operation with the Community Safety Co-ordination Office of the Ministry of
Internal Affairs, which is supposed to take over all activities pertaining to community safety in the
future. In addition, the Mission facilitated a five-day training course for 15 new community safety
trainers from five new safety committees, in order to equip them with specific training techniques
including the principles and tools of community safety and community policing. In order to enhance
the visibility of community safety related activities, the Mission organized a workshop for finalizing
the Action Plan for Public Awareness about Community Safety Forums.
The Mission also supported the printing of 3,000 copies of two community safety booklets on
Community Safety Related Legislation in Kosovo and the Guide for Municipal Community Safety
Councils for Developing Annual Working Plans. The booklets aimed to inform stakeholders at the
central, municipal and local levels about the concept of community safety in Kosovo and were
delivered to all concerned communities.
In the area of specialized and advanced training, the Mission supported Kosovo Police in developing
its first Training Strategy and Action Plan 2014-2018, which focuses on enhancing current capacities,
developing new training modalities, and strengthening co-operation with local and international
organizations. The Mission also provided its expert support in drafting the Strategy and Development
Plan 2014-2018 and the Training Plan 2014 for the Kosovo Academy for Public Safety. Furthermore,
the Mission assisted the Academy for Public Safety in drafting the occupational standards for Kosovo
law enforcement agencies.
During the reporting period the Mission delivered various training programmes to Kosovo Police and
other law enforcement agencies to strengthen their abilities to combat organized crime and tackle all
forms of transnational threats. More than 300 officers of various ranks took part in these specialized
and advanced training courses, focused on strategic/tactical assessments, tactical tasking, money
laundering, anti-corruption, computerized evidence analysis, management and security of criminal
evidence rooms, audio voice and visual forensic analysis, arrest and control techniques in high risk
situations, crime scene analysis and extradition procedures. In accordance with the needs identified in
the Intelligence-led Policing Strategy and Action Plan, more than 35 officers and analysts of the
Kosovo Police were additionally trained by the Mission on Criminal Intelligence Analysis, Strategic
9
Analysis and Design I-Base for Criminal Intelligence Analysis. Having assisted in the establishment
of the Kosovo Police Environmental Crime Unit and its work over the last two years, the Mission
further supported this Unit with the printing of 5,000 leaflets in three languages on combating
environmental crime. The purpose of the leaflet was to increase the public’s awareness about
environmental crimes occurring in Kosovo and encourage the public to report on and contribute to
preventing such crimes.
3. Overview of situation pertaining to non-Albanian communities
The Mission continued its intensive outreach to non-Albanian communities. The number of security
incidents affecting non-Albanian communities south of the river Ibar has decreased compared to the
same months in the previous year, though increased somewhat from the previous period. The
frequency and large number of incidents affecting property belonging to Kosovo Serb and other nonAlbanian communities remains a cause for concern. These incidents include cases of vandalism and
numerous burglaries from properties, mainly uninhabited houses belonging to Kosovo Serb returnees,
as well as a few incidents of property and land usurpation and fires with unknown causes. No
widespread violence was observed.
The Mission has repeatedly called for appropriate responses by all relevant institutions to incidents
affecting non-Albanian communities and has noted some positive examples during the reporting
period. On 30 August two Kosovo Albanians were arrested for illegally cutting wood from the
property of a Kosovo Serb in Tuçep/Tučep village in Istog/Istok municipality. The wood that had
been cut and the tractor used were seized. On 31 August a Kosovo Albanian was arrested for illegally
cutting wood from property belonging to a Kosovo Serb in Osojan/Osojane village in Istog/Istok
municipality. On 5 September the Ministry for Communities and Returns donated a tractor to a
Kosovo Serb returnee family in Sinajë/Sinaje village, following a request made by the beneficiary
after the theft of his tractor on 8 April. On 16 September a Kosovo Police patrol attempted to stop a
tractor that had been reported stolen by a Kosovo Serb returnee in Bërkove/Berkovo village in
Klinë/Klina municipality. Shots were fired and the suspects fled the scene. The tractor was later
returned to the owner. In Cërnicë/Crnica village in Gjilan/Gnjilane municipality, Kosovo Police
arrested a Kosovo Albanian who was caught in the act stealing electric cables from a Kosovo Serb
property. On 26 November Klinë/Klina municipality replaced the window of a Kosovo Serb property
that had been broken on 23 November when unknown person(s) threw stones at the house.
Nonetheless, the rate of arrest and prosecution of perpetrators for incidents affecting non-Albanian
communities continues to be low and institutional responses could improve.
In terms of the policy framework on communities, the Ministry of Communities and Returns has
drafted a new Strategy for Communities and Returns 2014–2018, which is expected to be adopted
in early 2014. In September and October the Prime Minister approved a new regulation on
management of the reintegration programme and a new strategy on reintegration of repatriated
persons 2014–2018. According to UNHCR, from September to December 2013, 63 displaced
persons voluntarily returned to Kosovo compared to 279 reported for the same period in 2012.
Sites of religious and cultural significance have continued to be affected by security incidents, in
particular Serbian Orthodox religious sites and graveyards. On 1 September unknown person(s)
removed two crosses from the Serbian Orthodox Church in Brod village in Štrpce/Shtërpcë
municipality. On 21 September unknown person(s) broke into the Orthodox Church in
Zherovnicë/Žerovnica village in Zveçan/Zvečan municipality, causing damage and stealing some
money donated to the church. On 28 September unknown person(s) damaged two windows of the
Serbian Orthodox church in the village of Bardhosh/Devet Jugovića in Prishtinë/Priština municipality.
The doors of the Orthodox Church in Vushtrri/Vučitrn town were damaged on 1 November. On 5
November three people broke into the Orthodox Church in Gjilan/Gnjilane town and stole some
money that had been donated. On 10 November unknown perpetrator(s) forcibly entered the Holy
Father Church in Zupče/Zupç village in Zubin Potok municipality and stole some food items. On 14
November two youths threw stones in the direction of the Orthodox Church in Vushtrri/Vučitrn town
10
causing some damage. A Kosovo Albanian youth was interviewed by police and released upon the
order of the prosecutor. On 23 November unknown person(s) stole copper pipes from the walls of the
Orthodox church in Laplje Selo/Llapllasellё village in Gračanica/Graçanicё. On 8 January a copper
bust was stolen from the Serbian Orthodox graveyard in Gornje Selo/Gornjasellë village in Prizren
municipality. The Islamic community representative in Prizren also reported in September that
numerous (13-15) donation boxes had been stolen from local mosques in the preceding months. In
addition, a representative of the Serbian Orthodox Monastery of Zočište in Rahovec/Orahovac
municipality was reportedly verbally assaulted by a group of Kosovo Albanian youths while he was
working within the monastery’s estate on 2 October. The incident was reported to Kosovo Police.
The Implementation and Monitoring Council (IMC) continues to hold regular meetings addressing
issues of concern regarding the protection of Serbian Orthodox heritage in Kosovo. The meetings
have been held in a constructive atmosphere, discussing concrete measures that facilitate better
protection of Serbian Orthodox sites and their special protective zones. Results have been noted,
namely resolution of the issue of illegal construction of a warehouse in the Special Protective Zone of
Gazimestan in Obiliq/Obilić municipality and demolition of an illegal construction in the Special
Protective Zone of the Church of the Presentation of the Virgin in Lipjan/Lipljane municipality.
In October the Ministry of Culture, Youth and Sports approved an updated list of cultural heritage
sites under temporary protection. The list includes 1,428 cultural heritage sites, which will be under
temporary protection for one year. The new list of cultural heritage sites contains for the first time 200
movable cultural heritage assets. On 21 October the construction of a wall around Zočište Monastery
commenced. The construction of the wall was part of an agreement reached between the monastery
and Rahovec/Orahovac municipality to clearly demarcate and protect the monastery’s land, after the
municipality illegally usurped part of its land during the construction of a local road in May 2011.
Between 13 and 16 December thirty-one out of the thirty-five Kosovo Roma and Kosovo Ashkali
families residing in the displaced persons camp in Leposavić/Leposaviq were relocated to new
housing. Twenty-eight families moved to the Roma Mahalla neighbourhood in southern
Mitrovicë/Mitrovica, two families moved to Fushë Kosovë/Kosovo Polje and one family moved to
Malishevë/Mališevo. Three of the remaining families have expressed interest in staying in
Leposavić/Leposaviq, while the other remaining family plans to move to Novi Sad. Closure of this
camp is part of an EU project implemented by international NGO Mercy Corps.
On the morning of 6 January protesters prevented buses carrying some 70 Serb pilgrims from
reaching the local Serbian Orthodox church in Gjakovë/Ðakovica for celebrations marking Orthodox
Christmas. Kosovo Police estimated that the number of protesters reached 3,500 at the peak.17 The
protesters also threw stones at the buses and several persons were reportedly arrested. According to
police reports, the buses were rerouted to Visoki Dečani Monastery. Kosovo Police also reported that
stones were thrown at a bus carrying Serb pilgrims in Deçan/Dečani. This followed an earlier
announcement by Serbian Minister and Director of the Serbian Office for Kosovo and Metohija,
Aleksandar Vulin, that he would include Gjakovë/Ðakovica among his visits for Orthodox Christmas.
Kosovo Minister of Internal Affairs Bajram Rexhepi, in a response letter to EU Special
Representative Samuel Žbogar, stated that Mr. Vulin was not allowed to visit the Orthodox
monasteries in Gjakovë/Ðakovica. The Mayor of Gjakovë/Ðakovica, Mimoza Kusari-Lila, published
an open letter on 5 January in which she appealed to the Kosovo government, the EU Office, EULEX
and KFOR not to allow Mr. Vulin’s visit to Gjakovë/Ðakovica and discouraged him from visiting.
In December 2013 eight Kosovo Serb families, who have been residing in the recently privatised
socially owned enterprise “Refrigeration Plant” in the Kosovo Serb village of Šilovo/Shillovë in
Gjilan/Gnjilane municipality since the March 2004 riots, were given notification by the new owner
that they should leave the premises by 8 January 2014. After the owner prevented the residents from
17
The protest was initiated by local Kosovo Albanian associations of family members of persons missing since the 1999
conflict. Similar protests are regularly organized around the Serbian Orthodox Christmas celebrations.
11
entering the premises on that day, the Minister for Communities and Returns visited the plant and the
owner agreed to allow the displaced families to stay while temporary accommodation was being
arranged. It was also agreed that the Ministry for Communities and Returns will fund the construction
of houses for the affected families and that the municipality will allocate land for this purpose.
4. Security overview
On 15 January a member of the Mitrovica/Mitrovicë North municipal assembly (Autonomous Liberal
Party - SLS) was killed by gunfire shortly after midnight in front of his home. The victim had been
previously targeted in incidents in the pre-election period, including placement of an explosive device
under his vehicle and shots fired at a shop that he owned. The investigation of the murder is being
carried out jointly by Kosovo Police and a EULEX special unit. The murder was widely condemned.
On 19 September two EULEX vehicles came under fire from unknown persons in Zvečan/Zveçan
municipality. The staff members in the vehicles were on regular rotation from the crossing point Gate
1 at Jarinje, in Leposavić/Leposaviq municipality. The incident resulted in the death from bullet
wounds of a Lithuanian EULEX customs officer. A reward of up to €27,500 was announced for
information that could lead to arrests, however at the time of reporting no arrests were made.
A number of other security incidents also occurred in northern Mitrovica/Mitrovicë in the pre-election
period, especially incidents targeting electoral candidates. On 12 September the wife of Oliver
Ivanović, mayoral candidate (GI-SDP-Oliver Ivanović) for Mitrovica/Mitrovicë North, was assaulted
in her home. On 14 October a device exploded at the property Nebojša Marić, who was a candidate
for the Mitrovica/Mitrovicë North municipal assembly. On 18 October there was an attack on the
property of Aleksandra and Đorđe Kostić, who were both candidates for the Mitrovica/Mitrovicë
North municipal assembly. On 19 October an explosive device was thrown at the balcony of Ninoslav
Đerić, who was a candidate for the Mitrovica/Mitrovicë North municipal assembly. On 20 October a
Kosovo Serb woman, who was a candidate for the Mitrovica/Mitrovicë North municipal assembly,
was verbally threatened. On 1 November Krstimir Pantić, mayoral candidate (Citizens’ Initiative
Srpska) for Mitrovica/Mitrovicë North, was physically assaulted by unknown person(s). On 7
November an explosive device was thrown near the Democratic Party of Kosovo (PDK) office in the
ethnically-mixed Bosniak Mahalla neighbourhood in northern Mitrovica/Mitrovicë. Most of these
incidents were condemned by local and international actors, including the OSCE. A number of
protests also took place throughout the pre-election period in the northern municipalities.
A number of other significant security incidents have also taken place in the northern municipalities,
especially in multi-ethnic areas in northern Mitrovica/Mitrovicë. On 20 September an explosive
device was thrown at a house in the ethnically-mixed Bosniak Mahalla neighbourhood in
Mitrovica/Mitrovicë North. According to media, the house was abandoned and is located near the
building housing Serbian Telecom. On 30 September several unknown persons threw stones at a van
driving Kosovo Serb passengers in the ethnically-mixed Suvi Do/Suhodoll village in
Mitrovica/Mitrovicë North, causing material damages. On 19 October, following a dispute, a Kosovo
Serb teenager was attacked by two Kosovo Albanians in Bosniak Mahalla. A Kosovo Albanian was
later arrested in relation to the incident. On 29 October a Kosovo Roma was physically assaulted by
an unknown person in Mitrovica/Mitrovicë North and sustained grievous body injuries. On 4
November a Kosovo Police investigative unit identified and arrested one of the Kosovo Albanian
male suspects. On 12 November Kosovo Police reported that a hand grenade exploded in an
abandoned house in Bosniak Mahalla. On 14 December unknown person(s) threw Molotov cocktails
at a vehicle of the civilian protection corps parked in Mitrovica/Mitrovicë North. On 22 December an
unexploded hand grenade was found on the street in the vicinity of the Serbian Telecom building,
located in Bosniak Mahalla. On 22 December two Kosovo Bosniaks were assaulted by knife in
Mitrovica/Mitrovicë North. On 7 January unknown person(s) threw an explosive device in Mitrovica
/Mitrovicë town that caused material damages to two business establishments and two vehicles.
In areas south of the Ibar River, some significant security incidents affecting non-Albanian
communities were reported. On 14 September a Kosovo Roma was stabbed by his Kosovo Albanian
12
neighbour in the Abdullah Presheva neighbourhood in Gjilan/Gnjilane. On 9 September two Kosovo
Roma (male and female) were physically assaulted by two Kosovo Albanian males after a dispute in
Pejë/Peć municipality. On 5 October two groups of Kosovo Serbs and Kosovo Albanians got into a
physical fight in the village of Gojbulë/Gojbulja in Vushtrri/Vučitrn municipality. Five Kosovo Serbs
and two Kosovo Albanians sustained injuries. Kosovo Police arrested three Kosovo Albanian suspects
in relation to the case. On 16 October a Kosovo Albanian stabbed a Kosovo Egyptian youth to death
in Qyshk/Cuška village in Pejë/Peć. Kosovo Police attended the scene, arrested the suspected
perpetrator, and initiated an investigation. On 4 January a Kosovo Roma woman was physically
assaulted by two unknown person(s) in her home in Fushë Kosovë/Kosovo Polje. On 5 January two
Kosovo Serbs (one of whom is a Kosovo Police officer) were assaulted in Gračanica/Graçanicë by
two unknown suspects. On the same day, Kosovo Police reported that in Kamenicë/ Kamenica two
Kosovo Albanians and one Kosovo Serb fought each other using hard items after a dispute over
property. All three persons sustained bodily injuries.
Some incidents involving threats to journalists and freedom of the media were reported. On 2
December a cameraman of TV Mreža was assaulted and his camera was taken by several persons in
Pasjane village in Parteš/Partesh municipality. The Association of Independent Electronic Media of
Kosovo (AMPEK) and the Serbian Network TV Mreža condemned the attack against the cameraman.
On 17 December, according to the news portal Standardi.info, unknown persons attacked a KTV
cameraman in Prishtinë/Priština. During the incident, a police officer intervened and arrested one of
the attackers. The KTV crew was filming a building over which a claim had been made that it does
not possess a building permit.
On 12 December EULEX announced that 11 officers from the Kosovo Police Special Operations Unit
have been indicted for the offences of mistreatment while performing official duty, assault and threat
exercised against ten Kosovo Serbs, who were arrested on 7 January 2013 in Gračanica/Graçanicë
during the visit of the Director of the Serbian Government Office for Kosovo and Metohija,
Aleksandar Vulin. The allegations are that the arrested were severely beaten by the members of the
Special Operations Unit on 8 January 2013 during their transport from the holding centre to the court
and within the court premises.
On 4 September EULEX announced that its prosecutors filed an indictment against three persons “for
their involvement in the attack on Kosovo 2.0 on 14 December 2012” in Prishtinë/Priština. The
indictment relates to a violent incident that occurred during an event hosted by the local magazine
Kosovo 2.0 to launch an issue on the topics of sex and sexuality, which also covered the issue of rights
of lesbian, gay, bisexual and transgender (LGBT) people. 18
On 11 November media reported that Kosovo Police arrested six persons on suspicion of terrorism.
All six had been under investigation since their return from Syria, where they reportedly participated
in the conflict. The following day, a phantom organization called “Followers of Tauheed and Jihad in
Kosovo” reportedly made threats by email to Kosovo Police that it would launch “painful attacks” if
the six arrested persons are not released. Following the arrests, there were wide public discussions on
the issue of participation in the Syrian conflict, and the Kosovo government and other institutions as
well as representatives of the Islamic Community of Kosovo, called on young people not to go to
Syria. In January 2014, media reported the killing of the sixth Kosovo Albanian fighter in the ongoing Syrian conflict.
*****
18
For more background see also Report of the Head of the OSCE Mission in Kosovo of 7 February 2013 (PC.FR/1/13).
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