Blendë Pira, Program Coordinator for the Human Rights and Rule of Law Program at YIHR (Youth Initiative for Human Rights), said that in December last year they published an analysis, where they analyzed 14 textbooks to see how much discriminatory, exclusionary and stereotyping language they had. She said that in 14 textbooks they managed to identify 130 such formulations.
"So, in high school textbooks in Kosovo, there are still formulations like 'Down syndrome is 'Mongoloid idiot', such formulations," Pira said on "Tempus" on KTV.
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Letter to the Reader — Why We're Asking for Your Support ContributeAccording to her, such an analysis was also conducted in 2017, where there were again over 100 such formulations. She said that such an analysis has been repeated now in the hope that this situation has improved.
Pira also spoke about the consequences that these texts could bring.
"Normally, textbooks are not neutral carriers of information, they are meant to shape the opinions of young people and those people come to various state positions, where they will probably be even before the implementation of the Law on Protection from Discrimination, and it is not like we can expect much from those people," she said.
Therefore, Pira emphasized that it is important to have continuous training for officials, at least for those who are competent to implement this law and to provide services to these vulnerable groups.
Pira: We hope that the Civil Code will be passed in the new legislature and that protection will be offered to these persons
Blendë Pira, Program Coordinator for the Human Rights and Rule of Law Program at YIHR (Youth Initiative for Human Rights), said on the "Tempus" show on KTV that the adoption of the Civil Code is important because it should offer the possibility of marriage to people of the same sex in Kosovo.
"I hope that in the new legislature it will be passed and protection will be offered to these persons as well, but considering the polarization of both society and MPs in the Assembly, we know that since the beginning of 2022 there has been a lot of controversy about this Code, then there has been hate speech that has been used a lot in the Assembly and in other institutions," she added.
Pira said that they have filed a lawsuit in court and a complaint with the Ombudsman, where he said that the latter considered that there was discrimination by the deputies against this group.
While speaking about the institutional treatment given to marginalized groups in Kosovo, Pira emphasized that one of the largest marginalized groups is women, citing cases where they are victims of domestic violence or gender-based violence.
According to her, the punishment of perpetrators in these cases is very light.
Pira also spoke about the measures the state is taking to rehabilitate women who report violence to the police, adding that there is a clear lack of institutional treatment.
Pira also spoke about the majority community, saying that there is room for improvement.
"A little over a year ago, a national platform was created for reporting cases of discrimination, but if you look at it, even that platform is quite limited. Because it is only for the Roma, Ashkali, Egyptian communities. While other communities, such as Bosniaks, Turks in Kosovo, and the Serbian community, cannot report on such a platform, considering that they face problems down to the most basic ones, such as language rights, for example," said Pira.
Meanwhile, he said that the Law on Protection against Discrimination, which is being amended, is among the most unenforceable laws in Kosovo.
Shala: Institutions attempted to regulate certain areas through the establishment of mechanisms, but without taking care to ensure they were effective
Gzim Shala, senior researcher at the Kosovo Law Institute (KLI), said that institutions attempted to regulate a certain area by establishing mechanisms, but without ensuring that those mechanisms were effective.
Regarding this, he mentioned several examples on "Tempus" on KTV.
"For example, according to the Law on Gender Equality, a gender equality officer must be appointed. Gender equality officers have been appointed, but there is no guarantee that this officer as a mechanism is effective," Shala stressed.
He also mentioned such cases in the Law on Protection from Discrimination, where he said that an officer for protection from discrimination has been appointed, but that there continues to be a problem with effectiveness.
Shala also said that a similar situation exists with whistleblowing, conflicts of interest, and others.
According to him, this has been created more as a formal approach. He emphasized that it is clear and a well-known fact that a single official cannot regulate all these issues.
The researcher emphasized that citizen awareness increases if there are concrete measures and actions.
"Otherwise, a campaign, although necessary, without taking concrete actions through which citizens and members of these groups see in practice how a certain situation is being addressed, will not send enough messages and there will not be adequate awareness," he added.
Qeli: Ministry of Education hesitant to support Roma community with textbooks in their language
Lendrit Qeli, head of the Office for Communities and Returns in the Municipality of Rahovec, said on the "Tempus" show on KTV that the Ministry of Education continues to be hesitant to support the Roma community.
"Since the Roma community is also considered part of the marginalized groups, I said that the main violations are from the start when they need education, but nevertheless there have been some improvements in some of the municipalities, this is thanks to a political will at the municipal level that has enabled the use of the Roma language in Prizren and Gracanica, something that should be seen as positive for other municipalities as well," said Qeli.
However, he says that despite the maximum efforts of their representatives, the Ministry of Education continues to be hesitant to support the Roma community with textbooks.
"Despite the fact that there has been maximum effort, even in the political aspect, from the political representatives we have in the Kosovo Assembly, it seems that their political influence is slightly smaller compared to other non-majority communities that have a slightly greater political influence and the processes are also changing," said Qeli.
He said that pressure must also be exerted by the international factor so that our institutions reflect it.
However, he says that despite the maximum efforts of their representatives, the Ministry of Education continues to be hesitant to support the Roma community with textbooks.
"Despite the fact that there has been maximum effort, even in the political aspect, from the political representatives we have in the Kosovo Assembly, it seems that their political influence is slightly smaller compared to other non-majority communities that have a slightly greater political influence and the processes are also changing," said Qeli.
He said that pressure must also be exerted by the international factor so that our institutions reflect it.
Zekaj: Greater awareness is needed among judges, lawyers and marginalized groups to address cases of discrimination
Lawyer Yll Zekaj, invited to "Tempus" on KTV, said that greater awareness is needed among judges, lawyers, and marginalized groups to address cases of discrimination.
He said that lawyers must be up to the task when representing discrimination cases.
"The party, as a layperson, cannot know what form of discrimination he is facing in a certain relationship, whether it is a work relationship or other relationships," Zekaj added.
According to him, lawyers should also be much more proactive in addressing these issues in court, where the case goes or is represented by lawyers.
"Many cases are represented by legal aid who are not actually lawyers. We have the Legal Aid Agency which is already problematic in itself for addressing these issues, especially among marginalized groups," he said.
While he stressed that lawyers are obliged, based on the law on advocacy, to represent pro bono in these cases, Zekaj also sees a problem with judges themselves when they handle discrimination cases.
Therefore, he said that greater awareness is needed among lawyers, judges, and marginalized groups so that we can all together raise awareness to address these issues as much as possible.
Shala: There are no reports of cases of discrimination, although they exist
Gzim Shala, senior researcher at the Kosovo Law Institute (KLI), said that the problem with discrimination cases lies in their underreporting.
Shala said on "Tempus" on KTV that there is no lack of mechanisms that combat discrimination, but there is a lack of effectiveness. He said that perhaps there are a few more mechanisms than are needed.
"If we mention other judicial mechanisms, the first is the institution of the Ombudsman that handles cases of discrimination, the second is in some cases the officials and in some cases the units for the protection of human rights in municipalities and ministries. This means that in all municipalities and ministries by now these mechanisms should have been established, but in practice they do not function," said Shala.
He said that different reports talk about different problems, and in some cases he says that the officials themselves are not clear about their role.
"However, the most general problem is that there is no reporting of these cases. While it is clear that we cannot say that there are no cases of discrimination," said Shala.
Zekaj: No political party had a program to promote the rights of marginalized people
Lawyer Yll Zekaj, on the "Tempus" show on KTV, said that in the parliamentary elections of February 9, no political party had a program to promote the rights of marginalized groups.
"None of the political parties had a program, a concept, to promote the rights of marginalized people, with special emphasis on people with disabilities," said Zekaj.
He recalled that during the elections there was a reaction from the association representing people with disabilities - Handikos, who were critical of political parties and demanded basic rights through a declaration of commitments to be signed by the candidates for prime minister, but which did not find support.
He said that in the context of Kosovo, marginalized groups are those groups that are not well represented or discriminated against in relation to other groups, groups that do not have equal treatment with other groups, and those that have greater needs than other groups.
The lawyer said that the state, in addition to its legal obligations to affirm the rights of these groups, also has obligations to undertake affirmative measures towards these groups.
According to him, the laws ensure equal access for these groups, but in practice the situation leaves much to be desired.
Zekaj mentioned people with disabilities who face a multitude of problems, starting from infrastructure and access to institutions.
"If we look at the approach of governments, both the current government or the incumbent government and past governments in relation to marginalized groups, we can rightly say that very little has been done towards the realization of these rights, towards enabling these persons to realize their rights," said Zekaj.
Qeli: The marginalized groups that have the most pronounced problems are those of the Roma, Ashkali and Egyptian communities.
Lendrit Qeli, head of the Office for Communities and Returns in the Municipality of Rahovec, said that the marginalized groups that have the most pronounced problems are the Roma, Ashkali and Egyptian community groups.
"Among the most prominent groups that have these problems are the Roma, Ashkali and Egyptian community groups. They are considered a little more vulnerable because they have received almost no significant attention from the state despite the legal infrastructure that was also mentioned in the Constitution," said Qeli, on the "Tempus" show on KTV.
He emphasized that it has been consistently seen that the state is trying to create different strategies for the integration of these communities.
"Despite the term 'integration', I personally do not like it because these communities are not repatriated to Kosovo but need treatment, perhaps as affirmative measures, until they improve their situation and are then treated more equally in society," he said.
Qeli said that so far we have seen minimal support and that the situation of these groups continues to be fragile, especially in the vital issues they face.
"Let's not talk about the many problems that are basic, starting from education, perhaps the Ashkali and Egyptian communities are a little luckier because their language is Albanian and they have easier access to education, while for the Roma community, discrimination is initially made because, taking into account that they are a linguistic community in Kosovo and they are forced wherever they are, depending on the area, to go to school to learn the Albanian language," said Qeli.
According to him, this represents a violation of the right to education in their native language, which is why the state is hesitant to create textbooks or provide the opportunity to teach in the Romani language for members of the Roma community, so as not to assimilate or have other effects.
He added that there are also obstacles in employment. He said that there are only 14 employees from the Egyptian community in the administration, with only two of them holding low-level leadership positions.
"Based on the Law on Public Officials, a 10% quota is foreseen that gives the opportunity to non-majority communities to be part of the public administration where we only have 14 Egyptians employed and only two of them have low management positions. So, the problems are vital, the problems are among the most basic and unfortunately so far we are not seeing serious concentration in the reflection of the state in developing the position and advancing the position of these three communities," said Qeli.
