The constitution prohibits religious discrimination and provides for freedom of religion, subject to limitations to ensure public order, health, and safety or to protect the rights of others. The law does not provide a means for religious groups to acquire legal status. The Kosovo Assembly (parliament) did not consider draft legislation that would have allowed religious groups to acquire legal status and conduct business in their name. While religious groups stated they generally had collaborative relationships with local governments, the Kosovo Protestant Evangelical Church (KPEC) said municipal governments did not treat religious organizations equally on property issues, including in the granting of building permits and allocation of burial space in public cemeteries. KPEC and others also stated the Kosovo Islamic Community (BIK) held contracts to run many municipal cemeteries and discriminated against minority religious groups in the allocation of burial plots and provision of services. Representatives of the Serbian Orthodox Church (SOC) said the government violated some of the Church’s property rights stipulated by the Law on Special Protective Zones (SPZ), such as refusal to implement a three-year-old court decision to recognize SOC ownership of certain parcels of land around Visoki Decani Monastery and continuing road construction that threatened to extend into the SPZ. According to the SOC, no municipal officials were held accountable for this refusal. BIK reported two instances of employment related discrimination against practicing Muslims. Some BIK officials stated the level of anti-Muslim sentiment in media increased and said it could harm employment opportunities for devout Muslims.
National police reported 61 religiously motivated incidents, most targeting religious sites, including cemeteries, in the first nine months of the year. Many incidents were linked to ethnicity as well as religion. On January 6, Kosovo-Albanians threatened an SOC priest in front of his church in Novo Brdo/Novoberde. On July 13 and December 16, unknown persons vandalized the Orthodox cemetery in Lipjan/Lipljan. The national and municipal governments condemned the incidents immediately and called for law enforcement action to apprehend the perpetrators. In Gjakova/Djakovica, on January 6, Kosovo-Albanians protested in front of the local Serbian Orthodox church against what they called the visit of “criminals disguised as pilgrims,” forcing displaced Serbs to cancel their Orthodox Christmas annual pilgrimage to the church for security reasons.
U.S. embassy officials continued to encourage government enforcement of mechanisms to protect religious sites and implementation of judicial decisions pertaining to the SOC, as well as resolution of SOC property disputes. The Ambassador and other embassy representatives met with religious leaders to discuss their concerns and encouraged them to foster religious tolerance and improve interfaith dialogue. In November the U.S. Ambassador at Large for International Religious Freedom met with representatives of all major faith communities and, in a gathering with youth from religious and secularist groups, called for greater religious freedom and pluralism.
The constitution provides for freedom of religion as well as the right to change one’s religion. It specifies there is no state religion and stipulates equality and freedom for all religious communities. The law prohibits religious discrimination and hate speech. Religious groups, particularly the Serbian Orthodox Church (SOC), continued to state the laws governing their legal status were inadequate. On December 27, parliament passed the Law on the Freedom of Religion and Beliefs and Legal Status of Religious Communities. President Milo Djukanovic signed the law on December 28. The SOC strongly criticized the law, which stipulates religious property lacking clear ownership and that falls under the pre-1918 “cultural heritage” of the state may become state property. Although the government repeatedly stated it had no intention of confiscating SOC property but rather intends to resolve century-old questions regarding the country’s religious and state identity before its 1918 loss of independence to Serbia, hundreds of thousands of SOC believers throughout the country protested, largely peacefully, the law almost daily since its passing. There were isolated incidents of violence against the police in some of the demonstrations, accompanied by online incitements to violence. Police sometimes prevented Montenegrin Orthodox Church (MOC) and SOC members from simultaneously engaging in religious activities at Orthodox sites, citing concerns over potential clashes. Prime Minister Dusko Markovic commented on a long-lasting controversy surrounding an SOC church on Mt. Rumija, saying to SOC Metropolitan Amfilohije Radovic, “Do you really think that the state does not have the power to stop and knock down your illegal interventions? We can, and we can do it in one day, in one night. The baptistery and the church on Mt. Rumija, and all other churches which you build without the agreement of the state.” Markovic added the government did not wish to do this, wanting to instead to come to an agreement via dialogue. The SOC said the Ministry of Interior (MOI) continued to deny visas to its clergy. The government maintained its policy of not restituting religious properties confiscated by the Yugoslav communist government.
The SOC stated the predominantly Muslim residents of Gusinje municipality blocked it from holding religious ceremonies on the foundations of the Church of St. Basil of Ostrog in Martinici and vandals destroyed and threw into the river a cross the SOC had left at the ruins of the church. The SOC and the MOC continued to dispute ownership of Orthodox sites in the country, most of which are held by the SOC, for which the MOC said ownership rights were wrongfully transferred.
The U.S. Ambassador and other embassy officials met with government and religious representatives to discuss relations between the government and religious groups, particularly with regard to the new religion law. In May the Ambassador hosted an iftar with representatives of different religious communities to discuss interfaith tolerance and moderation. During a visit in November, the U.S. Ambassador at Large for International Religious Freedom met with religious leaders from the Orthodox, Catholic, Islamic, and Jewish communities. The Ambassador hosted a discussion for the Ambassador at Large on the new religion law with participants from a wide diversity of religious communities and the government, the first such discussion of its kind. Embassy representatives discussed issues of religious freedom and tolerance with the principal faith groups.
The constitution guarantees the freedom of religion, including the right to change one’s religion, forbids the establishment of a state religion, guarantees equality for all religious groups, and prohibits incitement of religious hatred. While religious groups are not required to register with the government in order to conduct religious services, some religious groups reported that it is difficult to conduct business, hold bank accounts, or own property without being registered. The Ministry of Justice (MOJ) did not act to resolve contested religious registration claims by different Jewish groups, which Jewish leaders said contributed to an ongoing rift in the community. The Ministry of Culture and Information assumed responsibility for establishing a memorial at the site of the World War II (WWII)-era Staro Sajmiste concentration camp in Belgrade; in October the ministry issued a draft law establishing the memorial and held public consultations on the proposed legislation. An off-duty gendarme officer in Belgrade reportedly threatened to kill a group of Jehovah’s Witnesses engaged in door-to-door ministry, and there were incidents of local authorities obstructing Jehovah’s Witnesses from engaging in proselytizing.
Jehovah’s Witnesses also reported cases of verbal threats toward members engaged in missionary work, destruction of mobile literature carts, and inconsistent and sometimes inadequate responses to these incidents by police and prosecutors. Smaller groups, mainly Protestant churches, said they encountered public distrust and misunderstanding and said members of the public frequently branded their religious groups as “sects,” which has a very strong negative connotation in the Serbian language. Anti-Semitic literature was available in some bookstores.
U.S. embassy officials urged the government to continue restitution of Holocaust-era heirless and unclaimed Jewish property and urged the Ministry of Justice to act on certification of contested elections within the Jewish community. U.S. government officials monitored progress on the draft law establishing a memorial at the WWII-era Staro Sajmiste concentration camp site, advocating that the government speed up progress on the process. Embassy officials continued to meet with representatives from a wide range of religious groups to discuss issues of religious freedom and tolerance, cooperation with the government, interaction between traditional and nontraditional religious groups, and property restitution. In March the Assistant Secretary of Educational and Cultural Affairs met with the Serbian Orthodox patriarch to highlight U.S. support for church cultural preservation efforts. In October the Ambassador at Large for International Religious Freedom met with various religious leaders to encourage renewed interfaith communication.