Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape and domestic violence against all persons, including rape of a relative or spouse. By law, rape is punishable by two to 15 years in prison. EULEX noted courts often applied penalties lighter than the legal minimum in rape cases and that law enforcement rarely took steps to protect victims and witnesses. Furthermore, sentences were often further decreased by the appellate court. The Prosecution Victim Assistance Office reported an increased number of domestic violence cases during the year, from 946 cases in 2019 to 1,145 as of October. Sexual violence and rape occurring either within or outside the family or domestic unit, were rarely reported by victims, frequently due to social stigma or lack of trust in authorities.
The law recognizes gender-based violence as a form of discrimination but lacks a definition of gender-based violence for use in criminal and civil proceedings. Women’s rights organizations held a protest in June to draw attention to disparities between domestic violence suspects, who are generally incarcerated, and sexual assault suspects, who are often released. The groups demanded both types of crimes be treated equally by judicial officials.
The Prosecution Victim Assistance Office helped to provide access to justice for victims of all crimes, with a special focus on victims of domestic violence, trafficking in persons, child abuse, and rape. In addition, each prosecutor’s office had a prosecutor who specialized in handling domestic violence cases. These prosecutors could apply risk-assessment tools to mitigate risk of future abuse and were empowered to recommend harsher sentences for repeat offenders and violators of protective orders.
Police investigated cases of domestic violence before transferring them to prosecutors who make the determination on filing charges. In the first half of the year, the prosecution expeditiously processed domestic violence cases and indictments. The rate of prosecution was low, however, and sentences were often lowered on appeal. Advocates and court observers asserted prosecutors and judges favored family unification over victim protection, with protective orders sometimes allowing the perpetrator to remain in the family home while a case was pending. Sentences ranged from judicial reprimands to up to five years’ imprisonment. The criminalization of domestic violence in April 2019 was accompanied by an increase in arrests, prosecutions, and convictions for the crime. The Pristina basic court held online hearings on domestic violence cases consistent with government anti-COVID-19 pandemic measures.
In September a basic court reduced the life sentence of Pjeter Ndrecaj for murder to 24 years’ imprisonment after the Supreme Court returned the case for retrial. Ndrecaj was found guilty of killing his former wife and nine-year-old daughter in 2018. The court’s original sentence of 24 years had been extended in 2019 by the court of appeal, which found aggravating circumstances not considered by the basic court. Ndrecaj’s former wife had sought help from the police station in Gjakove/Djakovica several hours prior to the killing, but police failed to locate Ndrecaj before the murders took place. As a result, three police officers received five-month suspensions for “abuse of official duty.”
The government licensed and supported 10 NGOs to assist child and female survivors of domestic violence. The government established a budget line for financial support of shelters, resolving a long-standing funding problem. Both NGOs and shelters reported timely receipt of funding.
The Office of the Prime Minister maintained a commission to recognize and compensate survivors of wartime sexual violence. The commission has granted pensions to more than 800 women since 2018. The SPRK designated one prosecutor for cases of wartime sexual violence. Police maintained a unit for war crimes cases, including cases of wartime sexual violence.
Sexual Harassment: The law defines sexual harassment in civil and criminal proceedings. The criminal code stipulates prison sentences as an enhanced penalty for sexual harassment against vulnerable victims and in cases where the criminal procedure is initiated upon the victim’s request. In cases where a crime is committed with the use of a weapon, the sentence may vary from one to five years in prison. The NGO Kosovo Women’s Network reported that implementation of sexual harassment laws was hampered by poorly defined procedures for filing complaints of harassment, and lack of clarity regarding which government bodies should receive these complaints.
According to women’s rights organizations, harassment was common at workplaces in both the public and private sectors and in public institutions of higher education.
Reproductive Rights: Couples and individuals, regardless of gender, ideology, or religious or cultural background; have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and the means to do so, free from discrimination, coercion, or violence. The government generally respected reproductive rights, but poor, marginalized, and illiterate individuals often had insufficient access to information. To address the problem, the government and the UN Population Fund created family-planning curricula for all educational levels and were training educators to implement it. According to 2018 World Bank data, the country had 16 births per 1,000 inhabitants. A 2019 report from the international coalition Countdown to 2030 found that 88 percent of women had access to modern contraception, 98 percent had at least four prenatal medical visits, and 99 percent had a skilled health-care provider attend the delivery. Accurate maternal mortality data were unavailable, because the government neither gathered nor maintained records of such deaths. The law obligates the government to provide access to sexual and reproductive health services for survivors of sexual violence, including survivors of conflict-related sexual violence. Survivors are assigned a “victim’s protection official” who assists with both criminal justice and medical treatment processes. The Ministry of Labor and Social Welfare registered survivors of conflict-related sexual violence and provided them with medical and psychosocial support as well as a monthly pension. More than 800 individuals received such benefits during the year.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women and men. The law requires equal pay for equivalent work. The law stipulates that partners in marriage and civil unions have equal rights to own and inherit property, but men usually inherited family property and other assets. In rare instances Kosovo-Albanian widows, particularly in rural areas, risked losing custody of their children due to a family custom requiring children and property to pass to the deceased father’s family while the widow returned to her birth family.
Relatively few women occupied upper-level management positions in business, police, or government. The Kosovo Women’s Network reported women were often subject to discriminatory hiring practices.
Gender-biased Sex Selection: The boy-to-girl ratio at birth was 108 boys to 100 girls. The government did not introduce policies to encourage a more equal gender balance.