Are women in Kosova equal, safe and free yet?
TextCornelia Maier
Are women in Kosova equal, safe and free yet?
Foreword by Ambassador Teuta Sahatqija
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Inhaltsverzeichnis
Titel
Introduction
Contributions to Kosovar democracy by women
Insufficient implementation of the law against domestic violence and its implications
Advocacy for improvements
Impressum neobooks
Introduction
Foreword by Ambassador Teuta Sahatqija Can we say that women around the world have equal rights; they are free or even safe? There are places in the world where women are better represented in Parliaments, where women are Presidents of states, Prime Ministers, and Ministers; countries where there are a high percentage of women that own real estate, businesses, or have a satisfactory income. Unfortunately however, in the majority of cases, women’s position is not favorable across the world.
In most cases, there are very few women in leading positions, they are underrepresented in Parliaments and Governments, they are less paid than men, and they have much lower ownership of properties and businesses. Women are often main protagonists of grim news as victims of violence, be it domestic, social or as objects of sexual abuse during wars.
Women in Kosova are not different from their sisters around the world. Despite the context, they have achieved remarkable results in legislation and otherwise. President Atifete Jahjaga was the first woman in the entire region of the Balkans to be a head of state. Women within the Parliament as well as Municipal Assemblies make up more than 30% of the representatives. The Constitution and Legislation of Kosova are very modern and do not discriminate against women. On the other side however, women’s representation in leading positions is still far from being satisfactory whereas domestic and gender based violence are still at a vulnerable level.
Ms. Cornelia Maier is a feminist, a fighter for gender equality and a champion of women’s empowerment. She has a vast knowledge about the legislation, the Constitution and the legal possibilities that exist de jure in Kosova. She is also a realist and is objectively aware of the real situation on the ground, the statistics, obstacles and the de-facto situation that Kosovar society faces in everyday life.
Domestic violence is a subject that Cornelia is very passionate about. Dr. Maier significantly contributed to the amendment of the Law against domestic violence while she was working with the Gender Equality Agency of the Republic of Kosova and she is still very well connected to the Kosovar gender equality ecosystem, Civil Society organizations, Parliament, the Women’s Cross- Party Caucus, and all other stakeholders in this field.
In this document, she attempts at identifying the root causes responsible for this situation, exploring patriarchal society, lack of education, lack of economic independence or lack of self-esteem among women. While articulating the potential causes, she also lists recommendations and possible solutions.
Throughout this document, she emphasizes that it is not sufficient to just work with the immediate victims of domestic violence – it is imperative that the work is also focused on prevention and continuous assistance for survivors of domestic violence such that they progressively achieve economic independence and have opportunities so as not to return and live with their perpetrators under the same roof.
Dr. Maier describes the situation, setting the context through statements of many authors and public figures of Kosovar society, analyzing the sources of violence, society and its mentality, and the struggle of modern forces to change it and put an end to gender based violence. She interlinks the economic well-being of Kosovar Women with the level of domestic violence. Women who are economically independent are less prone to be victims of domestic violence. In many cases Kosovar society treats domestic violence as an internal family issue, giving the right to the husband to exert violence while at the same time blaming women for causing the violence.
This document holistically covers the efforts of feminists from the time of the oppression against Kosovar Albanians under the occupation of Milosevic’s regime, continuing through the war, the post-war period, the period Kosova was recovering from the wounds of war, rebuilding not only its infrastructure but building a new modern society. She heftily backs her story with documents, testimonials, and her personal experience working in legislation.
Ms. Maier speaks to the efforts to fight domestic violence, documenting the statements of various women activists, like Flora Brovina, a former prisoner of Serbia, and her work on women’s empowerment, continuing with activists such as myself, Vjosa Dobruna, Natasha Kandic, Sonja Biserko, Shehrije, Atifete Jahjaga, Feride Rushiti and many others.
Dr. Maier highlights many organizations, such as Kosova Women’s Network, Medica Mondiale, Medica Gjakova, all of which left a significant mark in Kosova’s journey towards women’s empowerment. Beyond that, the booklet delineates recommendations of the Women Cross-Party Caucus on preventing gender based violence and mechanisms for continuous and sustained work with survivors.
In a masterful way, Ms. Maier weaves the story of the building blocks and mechanisms that together make the system on fighting gender based and domestic violence.
Among the many stakeholders she interviews, Dr. Maier also highlights the discussions with Tahire Haxholli from Kosova’s Police describing her insights from the police’s perspective on dealing with immediate victims and perpetrators. As Kosova Women’s Network research shows, there is an alarming situation of domestic and gender based violence against women in Kosova whereby the more disquieting issue is that such violence is the least reported kind - giving perpetrators an open field for unpunished, unremitting abuse. Women’s unfavorable economic situation and lack of socio-economic prosperity are barriers that prevent them from breaking out of the cycle of violence.
Cornelia Maier’s book “Are women in Kosova equal, safe and free yet?” is definitely a valuable source of information about the actual situation, the analysis of historical and societal ties, and patriarchal mentality. Dr. Maier weaves a complete story, inclusive of stories of ex political prisoners, women activists during the occupation, those in modern institutions, the work of women organizations, and the achievements in the Constitution, such as CEDAW, quota in Parliament, Law on Gender Equality and many others.
Reading this book, you are taken through different stories in multiple dimensions, all of which complement each other and paint a clearer picture of the unique Kosova Story.
Congratulations to Dr. Maier on her valuable work and I look forward to more books in the future.
By Cornelia Maier:
Although the Constitution and the laws of Kosova (Albanian for Kosovo) are very democratic and progressive, including legislation against domestic violence on which I worked myself, the implementation is still insufficient. Women have the same rights under the law but the State of Kosova can’t protect them yet properly in actual fact. Of course, women’s rights are in theory protected under the Constitution, as pointed out, for example by “Kushtetuta ju mbron (The Constitution Protects You)”, a brochure which was published in 2008 by the Agency for Gender Equality, the Women’s Cross-Party Caucus (of the female Members of Parliament), the NDI and USAID (http://abgj.rks-gov.net/Portals/0/KUSHTETUTA%20JU%20MBRON.pdf), and that aimed to enlighten women about their human rights. Kosova has ratified CEDAW on the constitutional level and there are plans to include domestic violence under the penal code (http://www.womensnetwork.org/?FaqeID=1&n=668). However, of course, there is often times a huge difference between having a right as a natural birthright in terms of human rights and realizing that very right in actual fact. Patriarchy is particularly alive and (un)well in rural areas where old customs and traditions often make life extremely difficult for women. They are still frequently oppressed (see for example, also Patricia Evans on patriarchy and oppression in general in Patricia Evans 1996: The Verbally Abusive Relationship). All too often, there is little awareness that women’s rights are human rights. Victim blaming is viral and rampant and many women have internalized such notions and have come to collaborate with their own oppression and alas, with the suppression of other women and girls, too as they subscribe to the very dehumanizing ideas they actually suffer from on the other hand, too. The situation is alarming (cf., for example Kosova Women’s Network: Security begins at home / http://www.womensnetwork.org/documents/20130120165404373.pdf). As Teuta Sahatqija stated once during a talk she gave: “If a woman is able to respect herself first, she is able to respect other women. If she will not respect herself, how will she see another woman, parliamentarian, or director or other [sic]?” (http://nr.onu.edu/node/5365) It’s a vicious circle as abuse and violence in turn diminish and often destroy self-esteem (see for example, Patricia Evans 1993: Verbal Abuse Survivors Speak Out). That widespread basic lack of women’s positive self-concepts goes together with a frequent shortage of formal, professional and academic education. On average, it’s much more difficult for women who have other ideas than leading a traditional life-style in non-urban areas (even though I personally know of some positive examples from outside Prishtina as well, of course). But even if women who were abused or who are threatened by (more severe) domestic violence do get away from the countryside and flee to Prishtina, the capital of Kosova, the situation will prove extremely hard for women over there without sufficient money. Unemployment is very high and welfare is completely insufficient (Kosovo: Situation of single women in Pristina, including their ability to access employment, housing, and social services; whether Catholic Albanian women would face particular challenges accessing housing, employment and social services when relocating to Pristina from a different area of Kosovo (2013) / https://www.refworld.org/docid/5188f45d4.html). That’s why it’s so difficult for women to get free from domestic violence and abusive situations in general and why the State of Kosova can’t protect them yet properly from domestic violence (and other grievous abuse).
The adoption of the Law on Protection from Domestic Violence has been a milestone in the feminist history of the land (which will still have to be written yet, of course) and it is also relevant within the framework of EU standard harmonization.
On top of being a freelance translator, I am also a feminist political scientist and therefore, I worked personally on elaborating the bill. After having read on the website of the Kosova Women’s Network (KWN) that a new law against domestic violence would be drawn up, I got in touch by email with Ms. Shqipe Krasniqi, who was then CEO of the Gender Equality Agency in the Office of the Prime Minister (now Ms. Edi Gusia is in this position after Ms. Edona Hajrullahu succeeded Shqipe) and offered my contributions as a volunteer. After emailing several times back and forth, we talked for the first time on the phone. I was so happy on that day. The world seemed wide open and full of unlimited possibilities. It was absolutely a highlight for me when we discussed our plans for the first time. I emailed her my recommendations for the draft law over in English, which were all made part of the bill including the following: The law is worded in gender-neutral language. Survivors can obtain protection orders also with regard to offenders who are family members (also from their families of origin), not just with respect to husbands and in-laws. Emotional abuse and intimidation and duress and coercive control are grounds for protection orders as well. It is possible for survivors to file for emergency protection orders, too. And it’s illegal under penal law to offend against a protection order. The police needs to advise survivors of their rights and help them get their stuff out of the house / apartment and take abused women to a shelter (Law No.03/L 182
ON PROTECTION AGAINST DOMESTIC VIOLENCE / http://www.assembly-kosova.org/common/docs/ligjet/2010-182-eng.pdf). The problem lies with the implementation of the law. Above all, there should be done more to support survivors in terms of public assistance as soon as better welfare will be established. Actually, when I was working on the law against domestic violence in Kosova, I encouraged Shqipe to make sure that a provision like Article 27 of the Law on Protection against Domestic Violence be included for subsequent legislation so that something would be done to provide survivors with assistance in the future. That would have to be done later on since otherwise, the law wouldn’t even have been adopted in the first place. Unfortunately, nothing has been achieved on that front so far for several years yet. As the Ombudsperson Institution also wrote, "there is a pressing need to elaborate survivors' rights under" this Article (Ombudsperson Institution 2016: Sexual and reproductive rights in Kosovo: A Reality beyond the Law?) and that’s where matters still stand. I will deal with the grave consequences of that more in detail in the chapter on insufficient implementation.