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By:
Shaban Maxharraj
- 6 January 2024 09:00
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The merging into one institution of the National Ballet of Kosovo, "Shota" and the Opera of Kosovo, increased powers of the director and the Minister of Culture, a National Arts Council that defines cultural policies even for the independent cultural scene, are some of the points of the Law on art and culture. It has fueled debate and doubts yet without being implemented in practice. It was intended that the Philharmonic would also be included under one institution, but it will not happen like this, but the "merger" does not want even the National Ballet of Kosovo
Within two years, the National Ballet of Kosovo, the national ensemble of songs and dances "Shota" and the Opera of Kosovo will be an institution under the name Opera, Ballet and National Ensemble. But unlike other national cultural institutions, the Opera, Ballet and Folk Ensemble units will also have artistic leaders. But in other institutions, this position will disappear with the end of the mandates of the current artistic leaders. Along with this position, there will no longer be management councils in institutions. They will be replaced with artistic advice. And to some extent the role of the current management councils will be played by the National Arts Council. In comparison to the current operation, the choice of directors will be more centralized by the Minister of Culture even with the legal regulation, as it was indirectly the case in most cases with the previous legislation.
With the approval in the second reading of the Law on art and culture on December 15 of last year, the Minister of Culture, Hajrulla Çeku, has pushed forward one of the reforms that he aimed at taking this position and even proclaimed it during the campaign election. He has packaged in legislation his vision for the structuring of cultural institutions.
"Repeal" of the four previous laws
With the new Law, which has replaced four previous laws, the central institutions of culture will be the National Theater of Kosovo, Opera, National Ballet and Ensemble, the Philharmonic of Kosovo, the National Gallery of Kosovo, the Museum of Contemporary Art, the Cinematographic Center of Kosovo and National Library of Kosovo. Between the two readings of the Draft Law in the Assembly, Minister Čeku also wanted to include the Kosovo Philharmonic along with the trinomial ballet, opera and ensemble. But he changed his mind after the Philharmonic management meeting with him.
Apart from the KKK, which has a separate law, the others will operate based on the new Law. The governing bodies of the institutions will be the director and the artistic council. Until now, the director has been chosen by the Governing Council - except for the Cinematographic Center of Kosovo - with the new Law, things will change.
The director of the central and local public institution of art and culture is selected through the public competition process.
"The procedure for electing the director is organized by the Ministry through the National Arts Council for central institutions of art and culture, while by the relevant municipality for local institutions of art and culture, in accordance with this law and the relevant legislation in force", it is written in point 3 of Article 12 of the Law. There it is determined that the selection of the director of the central public institution is made by the Minister of Culture after the recruitment procedure through the public competition and the recommendation of the list of at least two names by the National Arts Council. Until now, it has worked like this only as far as the director of the KKK is concerned. One more year of office will be added to the current four-year mandate of the directors, with the possibility of extending the mandate only with the recommendation of the KKA. The directors elected after the approval of the Law will also have the competence of directing the artistic activity. The Artistic Council will advise and assist the director regarding the artistic program. This troupe will have three members. Of them, one proposed by the minister, who also appoints this body, one by the KKA and one by the director of the institution.
Cultural policies in the hands of the National Arts Council
As for the National Arts Council, it will be an advisory, selection and supervisory body, which is appointed and dismissed by the Government of Kosovo on the proposal of the Minister of Culture. The mandate of the members of the National Arts Council is five years.
"The Council consists of eleven (11) members, who are elected after the public invitation of the Ministry of Culture for the nomination of representatives from all fields of art and culture and fields related to culture", is written in point 3 of Article 20 In this article it is determined that the nominations for members of the Council are made by the central institutions of art and culture, academic, educational and scientific institutions, non-governmental organizations in the field of art and culture and other relevant bodies in the field of art and culture and the fields of related to culture.
This council will have the responsibility to analyze, recommend and give suggestions in the creation of cultural policy. It can also make proposals for the development and improvement of cultural activities, examine recommendations for the cultural development strategy. Initiates appointment and dismissal procedures for directors and recommends funding levels for local art and culture institutions from the Ministry's budget and proposes to the Minister the names for professional juries for awarding prizes in the relevant fields of art, culture and museology.
Recognition of the independent scene and artist status
According to the new Law, the independent art scene is also recognized. There will be a Council of the independent cultural scene composed of five members, of which two representatives of the Ministry, two of the independent scene by public call and another selected by the Minister of Culture.
This law mentions the status of the independent artist as well as that of the meritorious artist. For the second, as for the operation of all the innovations of this Law, by-laws must be issued in advance.
With this law, the Law on the Philharmonic, Opera and Ballet of Kosovo, that on the national song and dance ensemble "Shota" and on other ensembles, the Law on theaters and the provisions of the Law on Cultural Institutions, which regulate the field of Art and Culture, while the provisions that regulate the field of cultural heritage continue to remain in force.
Director with all powers, override remarks
But this law has also raised some concerns. Deputy Eliza Hoxha has said that in some form the management of cultural institutions is being re-centralized. She called for MKRS not to be the founder of the central cultural institutions, which was the case in the first version of the Draft Law. As for the union of the institutions, he continues to think that "Shota" should be independent without merging within the Opera and Ballet.
"The director is given all the powers. I understand that not all institutions have functioned well because of the clashes, but even focusing such power on one person for five years, I think it can be a problem", she said, adding that the director is left to make decisions about everything. According to her, also in this case the minister is empowered to have a direct relationship with the director of the institution. Hoxha has also mentioned these in the Assembly. She also criticized the issue of the independent cultural scene.
According to her, it is about a tendency for the Government to have access to the development of the independent scene, since the Council of the independent scene will make the operating policies.
The director of the National Ballet of Kosovo, Sinan Kajtazi, has always been and remains against the merger of the three institutions.
He said that in the capacity of the director he sent comments on the new law, where he expressed his opposition to the merger of the BKK with any other institution, based on the bad experience of the Ballet while it was part of National Theater of Kosovo.
"Unfortunately, our comments were not taken into account and the Law was voted as it was originally intended. I continue not to understand why this was done, as I continue to think that this is not good for the BKK, because I consider that institutional independence is an asset and not a burden for our country", he said. In this case, he added that he wishes it was wrong, but considering the experience, it is unlikely to be so.
"Also, I have proposed that in the Law on art and culture, a form should be found to enable the BKK to educate new staff, always without violating the Law on education and training. Unfortunately, even this request was not taken into account and for me it is painful, because I consider that this was an opportunity where the ballet school would have been given direction, but I am afraid that we have lost this opportunity as well" , he said. The legal reform will continue with the by-laws that will make the new law enforceable.