The constitution provides for freedom of conscience and religion for all residents, including the right to change, express, or not express religious belief; practice or abstain from practicing religion; and join or refuse to join a religious community. These rights are subject to limitations for reasons of public safety and order or for the protection of the health or rights of others. The constitution provides for the separation of religious communities from public institutions, including the right of religious groups to regulate independently their own organizations, activities, and ceremonies, and the right to establish religious schools and charities. It provides for equal rights for all religious communities, stipulates the country is secular and neutral regarding religion, declares the state shall ensure the protection and preservation of the country’s religious heritage, and prohibits discrimination based on religion. The constitution states the law may limit freedom of expression to prevent violent and hostile provocations on racial, national, ethnic, or religious grounds. It allows courts to ban organizations or activities that encourage racial, national, ethnic, or religious hatred.
The law on religious freedom states, “All religions and their communes in Kosovo, including the Kosovo Islamic Community, Serbian Orthodox Church, Catholic Church, Hebrew Belief Community, and Evangelical Church (the five “traditional” religious communities), shall be offered any kind of protection and opportunity in order to have rights and freedom foreseen by this law.” The constitution provides for rights and protection for all citizens, including maintaining, developing, and preserving their religion using their own language. The constitution also states religious communities have the right to establish religious schools and charitable institutions with the possibility of being funded with government financial assistance “in accordance with the law and international standards.” The constitution provides guarantees of freedom and pluralism of media. It guarantees all ethnic communities access to public media. Additional rights for religious groups include establishing and using their own media, maintaining unhindered peaceful contacts with persons outside the country with whom they share a religious identity, and having equitable access to public employment.
The constitution guarantees 20 of 120 seats in parliament to representatives from ethnic minority communities, which are often associated with a single majority religious group, such as Muslims or Orthodox Christians. It also stipulates the adoption, amendment, or repeal of all laws pertaining to religious freedom or cultural heritage requires approval by a majority of the parliamentarians representing minority communities, as well as by a majority of all parliamentarians.
The constitution provides for the Ombudsperson’s Institution, which is responsible for monitoring religious freedom, among other human rights, and recommending actions to correct violations. It stipulates the state shall take all necessary measures to protect individuals who may be subject to threats, hostility, discrimination, or violence because of their religious identity.
The law stipulates there is no official state religion, but it lists the five “traditional” religious communities that receive extra protections and benefits, including reduced taxes.
The law does not require registration of religious groups, but it also does not provide a legal mechanism or specific guidance for religious groups to obtain legal status through registration or other means. Without legal status, religious communities may not own property, open bank accounts, employ staff, or access the courts as a collective entity. Individual congregations or individuals, however, may do so and perform other administrative tasks in their own name. Local communities often recognize religious groups’ possession of buildings; however, the law generally does not protect these buildings as property of a religious community, but rather as the private property of citizens or nongovernmental organizations. SOC property is an exception; the law on SPZs acknowledges and protects the integrity of SOC property ownership and stewardship over designated areas within the SPZs.
The law stipulates freedom of religious or nonreligious practice and the rights to establish humanitarian/charity organizations, accept voluntary financial contributions from individuals and institutions, and engage in national and international communication for religious purposes.
The law provides safeguards for sites of religious and cultural significance and prohibits or restricts nearby activities that could damage the surrounding historical, cultural, or natural environment. According to the law, the IMC is responsible for arbitrating disputes between the government and the SOC concerning SPZs and other matters related to protecting the SOC’s religious and cultural heritage. The IMC is a special body originating from the 2007 Comprehensive Proposal for the Kosovo Status Settlement (also known as the Ahtisaari Plan) and established by law. IMC members include the Ministry of Economy and Environment (cochair); Special Representative of the European Union (cochair); Ministry of Culture, Youth, and Sport; SOC; and OSCE.
Municipalities are legally responsible for the upkeep and maintenance of all public cemeteries, including those designated for specific religious communities.
According to the law, “Public educational institutions shall refrain from teaching religion or other activities that propagate a specific religion.” This law is unenforceable in schools operated under Serbian government-run parallel structures, over which the Kosovo government has no control.
A Ministry of Education and Science (MES) administrative circular on the code of conduct and disciplinary measures for elementary and high school students, which carries the force of law, prohibits students from wearing religious “uniforms” on elementary and secondary school premises.
The country is not a party to the International Covenant on Civil and Political Rights.
In September, the cabinet approved and sent to parliament amendments to the law on religious freedom that would permit religious groups to acquire legal status, conduct business and acquire real and personal property in their name, open bank accounts, and gain import tax benefits. At year’s end, parliament had not voted on the amendments; there was a persistent lack of a quorum due to the COVID-19 pandemic and boycotts by Kosovo Serb parliamentarians. Absent enactment of the legislation, all religious communities said they continued to operate bank accounts registered to individuals instead of communities. In addition, communities such as the Kosovo Protestant Evangelical Church (KPEC) said they continued to be taxed as for-profit businesses.
According to BIK, there were multiple cases in which elementary schools denied access to female Muslim students as a result of the enforcement of the MES administrative circular prohibiting “religious attire” on school property. Imam Labinot Maliqi, head of the nongovernmental organization Kosovo Center for Peace, reported that two female elementary school students, one in Fushe Kosove/Kosovo Polje and the other in Gjakova/Djakovica, were denied entrance to school for wearing a hijab. School officials reversed their decision after the Kosovo Center for Peace inquired into the situation. In July, according to Maliqi, MES officials told him the MES was committed to reviewing the religious attire prohibition. The ban remained in place at year’s end.
Muslim community representatives said there were cases of hiring discrimination against Muslim women who wore religious attire during the year, but they did not cite any examples.
On September 4, Kosovo and Serbia signed lists of commitments in Washington, D.C., in which the government of Kosovo pledged to protect and promote freedom of religion, including renewed interfaith communication, protection of religious sites, and implementation of judicial decisions pertaining to the SOC, and continue restitution of Holocaust-era heirless and unclaimed Jewish property.
Decan/Decani municipal officials continued to refuse to implement a 2016 Constitutional Court decision upholding the Supreme Court’s 2012 ruling that recognized the SOC’s Visoki Decani Monastery’s ownership of approximately 24 hectares (59 acres) of land in the monastery’s vicinity. In November, the SOC appealed to the Kosovo Cadastral Agency; its decision was pending at year’s end. NATO troops in the country continued to provide security at the Decani Monastery.
In August, the Decan/Decani municipality began road work within the Visoki Decani Monastery SPZ in violation of the law. The government halted the work following international criticism. In November, the IMC and the Decan/Decani municipal government endorsed an Italian-brokered arrangement that adhered to the law for the rehabilitation of the road. The arrangement included the development of both a bypass road external to the SPZ boundaries, which would connect Decan/Decani to Montenegro, and a separate local road within the SPZ. The proposed road work had not begun by year’s end.
In July, Pristina Municipality issued a construction permit for, and construction began on, a Grand Mosque in Pristina, funded by the Turkish government. Some citizens opposed construction of the mosque, saying its design was based on an archaic Ottoman style rather than traditional Kosovo mosque architecture. Some local imams continued to state existing downtown mosques fulfilled the needs of their constituency and there was no demand for such a large mosque in the area.
Jewish community representatives again said local governments did not properly maintain Jewish cemeteries outside Pristina, including in Novo Brdo/Novoberde, Lipjan/Lipljan, Kamenice/Kamenica, Prizren, Mitrovice/Mitrovica, and Gjilan/Gnjilane, notwithstanding their legal obligation to do so.
With the government’s assent, the OSCE continued to monitor the implementation of legislation on protection of SPZs around SOC religious and heritage sites. The Police Unit for the Security of Religious and Cultural Heritage Buildings continued to provide 24-hour security to 24 SPZs countrywide.
At year’s end, Pristina Municipality and the Jewish community continued to disagree on a suitable location for a synagogue for which the municipality had issued a construction permit in 2016.
The SOC said the Kosovo Anti-Corruption Agency continued to dispute SOC ownership of the property the agency has used since 2001. The SOC stated the agency owed rent for use of the property. The SOC received partial payment for the rent in 2018 but received no further compensation. At year’s end, neither the SOC nor the agency had initiated legal action over the dispute.
According to BIK, the central government continued to provide some funding for Islamic education in the BIK madrassah in Pristina and its branches in Prizren and Gjilan/Gnjilane. Some University of Pristina law faculty members said they believed this funding was discriminatory because the government did not provide funding for religious education to any other religious group.
KPEC stated the Kosovo Immigration Office continued to deny recognition of non-Kosovo missionaries engaged by the Church. KPEC said the Customs Service sought payment of 3,393 euros ($4,200) in taxes for humanitarian aid KPEC received from abroad during the year, while some other religious communities, such as BIK, were exempt from the taxation. KPEC said the Customs Service continued to insist on the tax payment despite intervention by then-Prime Minister Ramush Haradinaj in 2019. In addition, according to KPEC, some businesses did not respect the value-added tax exemption for goods purchased by their churches due to religious prejudices.
The SOC continued to complain about public statements made by Decan/Decani municipal leadership against Visoki Decani Monastery Abbot Sava for his opposition to illegal road construction within the Decan/Decani SPZ.
The Water Services Regulatory Authority stated it waived water utility fees during the year for religious buildings belonging to all religious communities, in contrast with the previous year, when it billed some religious communities, such as Protestants and Tarikats.