The Conflict Did Not Bring Us Flowers

TECHNICAL REPORT

THE CONFLICT DID NOT BRING US FLOWERS

The Need for Comprehensive Reparations for Survivors of Conflict- Related Sexual Violence in Kosovo

ISBN: 978-1-63214-053-1

The views expressed in this publication are those of the author and do not necessarily represent the views of UN Women, the United Nations or any of its affiliated organizations.

All references to Kosovo in this report should be understood in full compliance with United Nations Security Council Resolution 1244 (1999) and without prejudice to the status of Kosovo.

Produced by UN Women Kosovo with the support of the Peace and Security Section in New York.

This document was produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.Author: Siobhan Hobbs

Design: Fjolla Shllaku Nimani Printer: Digi Print

View the report at:

http://eca.unwomen.org/en/digital-library/publications/2016/08/the-conflict-did-not-bring-us-flowers TECHNICAL REPORT THE CONFLICT DID NOT BRING US FLOWERS

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo

UN WOMEN Prishtinë / Priština, July 2016 TABLE OF CONTENTS

ACKNOWLEDGEMENTS 5 Violence Victims During the Kosovo Liberation War 53 ABBREVIATIONS AND ACRONYMS 6 D. To Non-Government Institutions and EXECUTIVE SUMMARY 7 Actors 54

I. INTRODUCTION AND METHODOLOGY 11 ANNEXES 55

A. Introduction 11 Annex I: Summary of Reparative Initiatives for Survivors of Conflict-Related Sexual Violence B. Methodology 13 in Kosovo 55

Annex II: Summary of Benefits under II. REPARATIONS FOR CONFLICT-RELATED SEX- UAL VIOLENCE: DEFINITIONS, LEGAL FRAME- Law no. 04/L-054 and Law no. 04/L-172 58 WORK, CHALLENGES AND BEST PRACTICES 17 Annex III: List of Stakeholders Consulted 60 A. Definitions 17 Annex IV: List of Key Documents Consulted 63 B. Legal Framework 19

C. Challenges for the Design of Reparations for Conflict-Related Sexual Violence 20

D. Best Practices to Approaches to Repara- tions for Conflict-Related Sexual Violence 21

III. REPARATIONS FOR CONFLICT-RELATED SEXUAL VIOLENCE IN KOSOVO 27

A. Current Reparative Initiatives for Conflict-Related Sexual Violence in Kosovo 29

B. Survivor Perspectives on Reparations 36

IV. RECOMMENDATIONS FOR A COMPREHEN- SIVE REPARATION PROGRAMME FOR VICTIMS OF CONFLICT-RELATED SEXUAL VIOLENCE IN KOSOVO 49

A. To the Government of Kosovo 49

B. To the Government of Kosovo and Non-Government Institutions and Actors 52

C. To the Government Commission on Recog- nition and Verification of the Status of Sexual

4 The Conflict Did Not Bring Us Flowers ACKNOWLEDGEMENTS

UN Women expresses its gratitiute to the survivors of conflict-related sexual violence in Kosovo who shared their time, energies and expertise to collaborate and produce this report. The report is intended to bring forward their voices and demands for timely and comprehensive reparations.

UN Women would like to thank the organizations and individuals involved in the production of this report. Special thanks to Siobhan Hobbs, the author of this report. Appreciation is extended to Koso- vo institutions, officials, and civil society representatives, particularly the fourth President of Kosovo Atifete Jahjaga and members of the National Council on the Survivors of Sexual Violence During the War in Kosovo for their close collaboration and support.

This document was produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 5 ABBREVIATIONS AND ACRONYMS

Timor-Leste Commission for Reception, Truth and Reconciliation CAVR (Acronym from Portuguese title: Comissão de Acolhimento, Verdade e Reconciliaçao) Convention on the Elimination of All Forms of Discrimination against CEDAW Women

CRSV Conflict-related sexual violence

CSO Civil Society Organization

DMFWI Department of Martyrs’ Families and War Invalids

EULEX The European Union Rule of Law Mission in Kosovo

Forum ZFD Forum Civil Peace Service

Morocco’s Equity and Reconciliation Commission (Acronym from IER French title: Instance Equité et Réconciliation) Inter-Ministerial Working Group on Dealing with the Past and Recon- IMWG DwPR ciliation

KIESA Kosovo Investment and Enterprise Support Agency

KLA Kosovo Liberation Army

KRCT Kosovo Rehabilitation Centre for Victims of Torture

KWN Kosovo Women’s Network

The National Council on the Survivors of Sexual Violence During the National Council War in Kosovo

NATO North Atlantic Treaty Organization

NGO Non-Governmental Organization

OHCHR Office of the United Nations High Commissioner for Human Rights

TÍKA Turkish International Cooperation and Coordination Agency

UNMIK United Nations Mission in Kosovo

UNSCR United Nations Security Council Resolution

United Nations Entity for Gender Equality and the Empowerment of UN Women Women United States Agency for International Development Property Rights USAID PRP Program

WPS Women, Peace and Security

6 The Conflict Did Not Bring Us Flowers EXECUTIVE SUMMARY

Conflict-related sexual violence in Kosovo is and educate their children, in the hope they can an open secret. In the first few years after the provide a better life for them. conflict, scant reports emerged in the public do- main of sexual violence against Albanian wom- In recent years, significant efforts have been en, perpetrated by Serbian police and paramil- undertaken by many actors in Kosovo to up- itary forces. In the mid to late 2000s, whispers hold the rights of survivors to reparation and of sexual violence against other groups, Koso- address their needs. From the innovative struc- var ethnic Roma, Ashkali, Egyptian and Serbs, ture of the National Council on the Survivors of as well as Kosovar men and boys, were heard Sexual Violence During the War in Kosovo (the Na- in the back rooms of organizations providing tional Council) aimed at addressing identified support to survivors of conflict-related sexual imminent needs of survivors, to the fervour of violence. Service providers, women’s civil soci- civil society and members of parliament seeking ety groups and political actors have over time legislative recognition of survivors, to the will- highlighted the occurrence of sexual violence ingness of the central authorities and respective during the conflict in Kosovo, bringing public ministries to be involved in processes to benefit awareness and political action to the needs of survivors, through to the key local level leaders victims and survivors of conflict-related sexual showing public support for survivors. Activities violence during the conflict in Kosovo. and initiatives to date have demonstrated the capacity and willingness of Kosovar authorities Today, the survivors of conflict-related sexual to respond to the needs of survivors of con- violence in Kosovo still face enormous challeng- flict-related sexual violence. However, survivors es. Perceived or actual community attitudes have had limited involvement in these activities, towards victims of sexual violence have led to initiatives and processes, as their requests for several deaths by suicide. An additional small confidentiality and anonymity have often been number have died from domestic violence per- interpreted to indicate a wish not to be involved. petrated against victims in the name of hon- Outside of the organizations that assist them, our. Fear of violence and stigmatization have survivors do not have any avenues to share prevented many from seeking services. Access their views on these matters or to participate in to health, employment, (re)education and (re) relevant decision making processes. skilling services is difficult for most, particularly for those in areas not currently serviced by civil A significant first step towards guaranteeing the society organizations which provide health ser- rights of survivors to reparations has been tak- vices and small scale income generation activi- en with the passing of a legislative framework to ties. The needs of those who have identified as provide reparations to survivors of conflict-re- survivors of conflict-related sexual violence are lated sexual violence. Steps are being taken to not uniform. Access to health care and financial implement the legal framework and establish means are top priorities for many; however, the Government Commission on Recognition and widows, single mothers, those married to peo- Verification of the Status of Sexual Violence Victims ple injured in the war, and people with disabil- During the Kosovo Liberation War (the Commis- ities face additional difficulties. Survivors with sion). Secretariat members of the Commission children focus primarily on their ability to feed have been selected, and processes to select and

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 7 train Commission members, secretariat mem- vide for different needs, and avoid sending a bers and authorized civil society and local Gov- message of differentiated value of suffering. ernment officials is under way. However, critical steps such as publishing a call for Commission Meanwhile, survivor heads of household and members to enable their recruitment, and a those with children have specific additional Government decision announcing the amount needs. Benefits, such as access to education of compensation to be provided to verified sur- and health care, are currently unavailable to vivors are eagerly awaited. It is important to the children of survivors of conflict-related sex- implement the current legal framework quickly, ual violence even though they are desperately and to undertake all processes required to make needed. In many cases survivors value the fate the Commission functional and able to dispense of their children more than their own. Some feel the benefits currently conferred by law in order guilty for the suffering they were subjected to, to assure survivors that the fulfillment of their as it has affected their ability to provide a bet- rights is a priority for the government. ter future for their children. Providing education and health services to the children of survivors In conjunction with undertaking the process- is beneficial to the survivor, as well as to those es presently prescribed by law, a number of children affected as indirect victims of the viola- amendments to the legal framework are rec- tions suffered by one or both of their parents. ommended to ensure that the Commission can It is also a way to make sure that children born function without discrimination, in accordance from rape are included in the reparations mea- with international law, and can meet the needs sures, but are not singled out as children born of survivors. These amendments should not from rape. Providing access to services to chil- slow down or in any way hinder the establish- dren of survivors can also reduce the risk of ment of the Commission. These include: recti- transgenerational and inter-generational dis- fying the translation differences between the crimination and stigmatization. Albanian, Serbian and English versions of Law no. 04/L-054 (as amended by Law no. 04/L-172) Reparations provide recognition to victims, not to ensure that the definition of beneficiaries is only as victims, but also as rights holders. Sym- in accordance with international law; ensuring bolic acknowledgement of the violation of their all survivors of conflict-related sexual violence rights can serve as a reassertion of their equal are exempt from invalidity testing (not just sur- rights as citizens and send a message of mem- vivors of rape); and amending the timeframe bership and dignity to both survivors and the in respect of acts of sexual violence so as to in- community. (Former) President Jahjaga made clude acts that occurred leading up to the con- significant efforts to acknowledge the violation flict, and after the formal cessation of hostilities of rights and suffering of victims of conflict-re- immediately after the armed conflict. lated sexual-violence, however, it is important for the rebuilding of civic trust between survi- It is further recommended that the present pro- vors and the government that survivors receive visions pursuant to Law no. 04/L-054 are sup- official recognition from Parliament and current plemented to ensure that the variety of survi- Government officials. High-level public acknowl- vor needs can be met to enable them to rebuild edgements can serve as a display of a State’s their lives. Survivors need access to health care commitment to victims, contribute to societal inside of Kosovo, along with (re)education and healing and reconciliation, and reinforce the employment opportunities. Furthermore, pro- message of membership and dignity. viding survivors of conflict-related sexual violence with the benefits to which other groups Presently, survivors of conflict-related sexual vi- are entitled can reduce the risk of them being olence in Kosovo feel they have limited avenues identified as survivors of sexual violence, pro- to be heard or to contribute to the important

8 The Conflict Did Not Bring Us Flowers processes being undertaken on their behalf. that society understand that “the conflict did not Miscommunication and delayed communica- bring us flowers.” Guarantees of non-recurrence tions have also resulted in survivors being un- for conflict-related sexual violence require dis- aware of the various stages of each process as mantling the social structures and stereotypes they are occurring, causing further anxiety and that perpetuate discrimination and violence discontent. Policy makers, programme design- against women and girls. The creation of aware- ers and implementers can better address the ness-raising campaigns about the facts of sexu- needs of survivors if they engage directly with al violence and the suffering of victims must be survivors, understand what survivors consider done in consultation with survivors to prevent important with regard to justice and redress further harm. for themselves and their families, and listen to survivors about the challenges they face in ac- Survivors continue to face challenges in all as- cessing and maximizing access to services and pects of everyday life. Pre-existing gender in- benefits. equality, stigmatization in the home and community, and other lingering consequences of The processes associated with providing repa- the violations survivors have faced limit their ca- rations themselves can be an opportunity for pacity to engage as full citizens in economic and empowerment of survivors. Meaningful par- social life. Access to structures and programs ticipation of survivors can enhance reparation that may be able to assist their rehabilitation programme design and the effect of transitional and reintegration remains difficult. justice measures. It can also help improve the reach, completeness and comprehensiveness Targeted actions to improve access to justice for of the reparation programmes. Moreover, di- survivors of conflict-related sexual violence are rect engagement with survivors can help man- being carried out by various actors under the age expectations and increase the meaningful- coordination of the Ministry of Justice in accor- ness of symbolic and material reparations. dance with the Action Plan for Access to Justice for Victims of Sexual Violence During the War. In It is important to note that, despite a strong addition to these initiatives, there are a number gender-equality legal framework in Kosovo, in of programmes and initiatives in Kosovo that do practice, women’s participation remains limited not directly target survivors of conflict-related in decision-making processes, especially at the sexual violence, but could provide significant community level. Survivors themselves are also transformative benefits by assisting with their not accustomed to speaking openly and often rehabilitation and reintegration. These include defer to the established leader in the room. Ap- initiatives to encourage and facilitate property propriate measures need to be put in place to ownership by women, income generation ac- accommodate their concerns in engaging with tivities, provision of small grants, and access to processes that affect them. As such, a “do no economic development programmes for vul- harm” approach must be employed in all activi- nerable groups in Kosovo. Coordination of ex- ties and processes. isting initiatives that could be adapted to benefit survivors, and facilitation of survivors’ access to The harm of conflict-related sexual violence is these initiatives, would be beneficial. Including not limited to the act itself, but can also come survivors within programmes and initiatives from the treatment survivors receive in the aimed at wider audiences would avoid identifi- home and community as a result of it. Many cation and further stigmatization. survivors fear violence, stigma and ostracism as a result of being a victim of sexual violence. As To the extent possible, synergies should be one survivor eloquently stated, it is important sought between reparations and development

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 9 programmes. The Government has shown po- 3. Prioritize the acknowledgement of the vio- litical willingness to uphold the right to repara- lation of the rights survivors of conflict-relat- tion by establishing a legal framework to pro- ed sexual violence and reinforce a message of vide verification and reparations to survivors membership and dignity. of conflict-related sexual violence. With that commitment in place, State and development 4. Ensure survivors of conflict-related sexual vi- actors can work together to implement this le- olence are included in the consultation and de- gal framework and enhance the effectiveness of cision-making stages of all processes that affect reparations for survivors. Development policies them. Participation should adjust to evolving can complement the reach of reparation poli- capacity. cies to guarantee social and economic rights to marginalized groups. 5. Continue to educate communities about sexual violence and highlight the link between past The preliminary steps that Kosovo has taken can abuses and ongoing violations. and should be followed up with further progress and realization of rights for survivors. In doing 6. Facilitate the social and economic reintegra- so, the Government of Kosovo can provide ade- tion of survivors. Ensure survivors can access quate restitution, compensation, rehabilitation, existing programs and initiatives and support and guarantees of non-repetition to survivors of and facilitate survivor participation in the de- conflict-related sexual violence. By fully guaran- sign of future programmes that can better as- teeing the right to reparation, the Government sist them to rebuild their lives. of Kosovo can help survivors rebuild their lives, assist in restoring civic trust between the sur- 7. Seek synergy between the reparation pro- vivors and the authorities, and make further gramme and development programmes to progress towards building sustainable peace. If maximize resources and ensure long-term com- these further steps are taken, it is possible that mitments to reparative goals and objectives. Kosovo can serve as a positive example for other countries attempting to address the legacy of conflict-related sexual violence.

A series of specific recommendations to more fully guarantee the right to reparation for conflict-related sexual violence are contained in Section V. Broadly, these recommendations are:

1. Implement the current legal framework and ensure the Government Commission on Recog- nition and Verification of the Status of Sexual Violence Victims During the Kosovo Liberation War can function effectively, efficiently and without discrimination.

2. Amend and supplement the current legal framework to guarantee the right to reparation for all survivors, and provide reparative measures that can assist survivors in rebuilding their lives.

10 The Conflict Did Not Bring Us Flowers I. INTRODUCTION AND METHODOLOGY

A. Introduction sexual violence. Service providers adapted to the needs of survivors over the years, later providing The movement to establish an independent psycho-social support and sexual and reproduc- Kosovo escalated into an armed conflict -be tive health care. Throughout this period, prom- tween February 1998 and June 1999. Then a inent women’s rights activists led campaigns to province of Serbia within the former Yugoslavia bring awareness of the plight of survivors, at- Republic (which at the time consisted of Serbia tempting to break the silence surrounding con- and Montenegro), the violence in Kosovo began flict-related sexual violence. Between 2008 and when Belgrade cracked down on organized eth- 2012, a loose network of women’s rights activ- nic Albanian resistance. Among the variety of ists began to coordinate and collectively advo- human rights abuses reported to have occurred cate for the needs and rights of survivors and during the conflict, the separation of men and to break the stigma attached to sexual violence women by Serb forces during attacks on ethnic during the conflict. In 2010, the Regional Wom- Albanian areas was reportedly common.1 Re- en’s Court (a regional civil society initiative), ports of sexual violence before, during and after began providing a space for discussion about the conflict also emerged over time. The conflict violence against women during and after the came to a close when the North Atlantic Trea- conflicts in the Western Balkans in the 1990s.4 ty Organization (NATO) supported the Kosovo In December 2010, the Women’s Court held ses- Liberation Army (KLA) with a protected bomb- sions in Kosovo focusing on conflict-related sex- ing campaign directed against Serbian targets ual violence. Further sessions have been held in the former Yugoslavia Republic. The 1999 across the region and included Kosovo survi- intervention led to the withdrawal of Yugoslav vors of conflict-related sexual violence, with the forces from Kosovo and the establishment of last held in May 2015 in Sarajevo. UNMIK, the United Nations Mission in Kosovo, which administered the interim government in Since Kosovo declared independence in 2008, Kosovo. In the immediate aftermath of the con- local authorities have undertaken many initia- flict, as refugees who had been displaced by the tives aimed at dealing with the past.5 Advocacy violence began to return, a countervailing flight campaigns focused on conflict-related sexual of Yugoslav forces and ethnic Serbs occurred en violence, particularly since 2012, have served to masse. Despite the formal cessation of hostili- break the previously deafening silence on sexu- ties, numerous reports detailed the proliferation changeably in Kosovo in the context of sexual vi- of revenge attacks perpetrated by both sides.2 olence. It is acknowledged that how each affected individual chooses to identify is a matter of personal preference. For the purpose of this document, In the aftermath of hostilities, women’s groups persons who suffered sexual violence are referred and civil society organizations provided emer- to as victims in the context of having been violated, gency services to survivors3 of conflict-related and as survivors in post-violation contexts. 4 Regional Women’s Court – A Feminist Approach to 1 Andrew Testa, “Endgame in Kosovo”, New York Justice. See: http://www.zenskisud.org/en/index. Times, 9 December 2007. html. 2 In the course of documenting survivor perspec- 5 A full description of the situation in Kosovo, includ- tives for this report, sexual violence within ethnic ing initiatives to date, can be found in Section IV. groups and against ethnic groups emerged as hav- The Kosovo context and Annex I: A summary of re- ing curred in the context of these revenge attacks. parative initiatives for survivors of conflict-related 3 The words “Victim” and “Survivor” are used inter- sexual violence in Kosovo.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 11 al violence and strengthen government support er representatives of key Ministries that could for survivors. In a few short years, discussion of support sexual violence survivors, civil society conflict-related sexual violence has increased and international stakeholders towards an im- exponentially at various levels of government. proved, better coordinated response. Among Efforts to provide both redress and support to the many activities of the National Council were the survivors of conflict-related sexual violence the drafting of a strategy on access to justice for and to pursue accountability for their assailants survivors, the development of a Memorandum have accelerated over time. of Understanding with the Ministry of Health on access to health services, awareness-raising ac- Lobbying efforts to amend the legisla- tivities, and economic empowerment initiatives tion recognizing and providing benefits through multi-stakeholder projects. to KLA martyrs, veterans and civilian victims (deceased, missing and injured),6 The President and National Council members in order to also include victims of conflict-relat- also worked closely with the Office of the Prime ed sexual violence, began in 2012. In 2014, an Minister Legal Department to draft a regula- amendment drafted by the Parliament to rec- tion to implement the legislative amendment ognize and provide benefits to survivors of con- to recognize and provide benefits to survivors. flict-related sexual violence was passed.7 Passed in December 2015, the regulation provides for the establishment of a Commission to In 2012-2013, the Office of the United Na- verify the status of victims and survivors of con- tions High Commissioner for Human Rights flict-related sexual violence, and to ensure the (OHCHR) with the support of UN Women un- distribution of the benefits provided by law. The dertook research to outline the patterns and Office of the Prime Minister is now taking steps long-term consequences of sexual violence to establish and functionalize the Government in Kosovo between February 1998 and June Commission on Recognition and Verification 1999, identify the availability of services and of the Status of Sexual Violence Victims During access to justice for survivors of conflict-re- the Kosovo Liberation War (the Commission).9 lated sexual violence, and identify gaps in the legislative framework for access to justice While the legislative amendments to date have and measures for protection and reparation.8 been large steps forward, the current legal framework does not address the full range of survivors’ The strong support of civil society, political and needs. To some extent, the legal framework has other groups was further harnessed by Presi- been supplemented by agreements between dent Atifete Jahjaga in March 2014, when by a the Office of the President and individual Minis- special Presidential decree, the National Coun- tries to provide access to services and recourse cil on the Survivors of Sexual Violence During to justice for survivors of sexual violence.10 the War in Kosovo (the National Council) was es- With the end of President Jahjaga’s term on 7 tablished. The National Council brought togeth- April 2016, and the closing of the National Coun- cil, an evaluation of reparative initiatives to date 6 Kosovo, Law no. 04/L-054 On the Status and the Rights of the Martyrs, Invalids, Veterans, Members and guidance on future steps to address the of Kosovo Liberation Army, Civilian Victims of War pressing needs of survivors is timely. and their Families, of 8 December 2011 [Hereafter “Law no. 04/L-054”]. 7 Kosovo, Law no. 04/L-172 On Amending and Sup- Within this context, as a member of the Nation- plementing the Law no. 04/L-054 On the Status al Council, UN Women in Kosovo initiated this and the Rights of the Martyrs, Invalids, Veterans, Members of Kosovo Liberation Army, Civilian Vic- 9 Kosovo, Regulation no. 22/2015 On Defining the tims of War and their Families, of 20 March 2014 Procedures for Recognition and Verification of the [Hereafter “Law no. 04/L-172”]. Status of Sexual Violence Victims During the Koso- 8 Victoria S Rames, Healing the Spirit: Reparation vo Liberation War, of 2 February 2016 [Hereafter for Survivors of Sexual Violence Related to the “Regulation no. 22/2015”], art. 3 (1.2). Armed-Conflict in Kosovo (2013). 10 Outlined in section IV.

12 The Conflict Did Not Bring Us Flowers study to complement prior initiatives with up- vivors to enable their full participation in their dated research, focusing on bringing survivor family life, communities and national processes voices and perspectives to the forefront of fu- through improved quality of life and empow- ture policy and programme design. It is intended erment; removing barriers in access to justice, to bring together best practices in reparations, health care, and economic independence; and including those outlined in the 2014 United Na- improving community recognition and support tions Secretary General’s Guidance Note on Rep- for survivors. arations for Conflict-Related Sexual Violence,11 and the views, expectations and needs of sur- A number of sub-objectives complement the vivors of conflict-related sexual related in holistic approach taken by the National Council: Kosovo to supplement efforts to date and ensure full reparation for survivors of con- • To lift survivors out of poverty and provide flict-related sexual violence that is victim-cen- economic independence through eco- tric, gender-sensitive, and transformative.12 nomic opportunities, tax exemptions and It is aimed at complementing existing and economic support. planned measures to increase their effectiveness to address survivor needs, as guided by • To ensure that survivors of sexual violence survivors’ voices. have access to the highest possible standard of health care. B. Methodology • To enable access to justice for survivors of The consultant conducted the research from sexual violence through physical and logis- 1 September 2015 to 31 January 2016 in Koso- tical means. vo. Information was collected throughout the period from workshops and meetings with • To address the societal shame and stigma survivors of sexual violence, the National associated with sexual violence. This in- Council, its members individually, and repre- cludes redirecting the societal shame and sentatives of Ministries and departments.13 stigma associated with sexual violence from survivors and to place it squarely on Research began with review of all publications the perpetrators of sexual violence. and informal documents available on the situation of sexual violence survivors in Kosovo • To empower survivors to use their own and engagement with members of the National voice on behalf of themselves and other Council.14 A workshop was held with the Nation- survivors around the globe, and assist sur- al Council in early October 2015. vivors to shed the self-doubt and shame that has attached to being a victim of sex- During this workshop, the National Council out- ual violence. lined its overarching objective: developing a comprehensive approach to reparation for sur- Survivors of sexual violence were placed at the centre of the research, and information and 11 Guidance Note of the Secretary-Gen eral on Rep- arations for Conflict-Related Sexual Violence (June outreach were conducted in a two-way dialogue 2014). over the five months to overcome the physical 12 Reparations can be transformative when they seek and cultural distance that has separated sur- to transform the structural inequalities which led to the violations of women’s rights, respond to vivors from decision-making to date. Approxi- women’s specific needs and prevent their - re-oc mately 70 survivors participated in activities with currence, rather than seeking to re-establish the the consultant: 14 participated in a preliminary situation that existed before the violation. 13 A full list of key stakeholders consulted can be meeting in October 2015, 59 attended a two-day found in Annex III. workshop comprising of six focus group meet- 14 A full list of resources can be found in Annex IV.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 13 ings in November 2015, and several attended time with the consultant to disclose details of both. The consultant also connected with survi- their experience and specific consequences vors at National Council and community events. which were documented. These details are not included in this report. Outreach to survivors was made possible through the four civil society organizations pro- It was not possible to reach out to male victims viding psycho-social support services to this of conflict-related sexual violence and include population: Medica Kosova, Medica Gjakova, their perspectives. This is not to suggest men the Kosovo Rehabilitation Centre for Victims of and boys were not victims of conflict-related Torture (KRCT) and the Centre for the Promo- sexual violence in Kosovo. Indeed, male survi- tion of Women’s Rights. Confidentiality of sur- vors have come forward to service providers for vivors who participated in the research was a treatment and to the media to tell their stories. paramount concern. Details of the workshop To date, just one service provider in Kosovo has and meetings were not made public, names of had the capacity to provide counselling and participants were not utilized for logistical pur- health services to male survivors. Other provid- poses, and photographs were not taken. Par- ers have not been able to provide such services ticipants on all occasions were able to engage for lack of capacity and safe, anonymous spaces unidentified during the sessions if they wished for men and boys. Another service provider is and, at each session a sealed box was provid- attempting to build such capacities in order to ed in order that survivors might leave messages provide services to male survivors in the near anonymously. As the confidentiality of survi- future. Nonetheless, at this time it appears that vors remains a key concern, details that could many male survivors of conflict-related sexual identify individual survivors or areas in which violence lack the access specific and tailored self-identified survivors may reside have been services. Outreach to male survivors is thus omitted from this report. Necessarily, the report presently difficult. remains vague on specific areas, such as localities in which survivors reside that could benefit The aim of the consultations was to hear and from communal services or resources. Actors highlight voices of the participants and look at interested in undertaking activities that the heterogeneity of needs. Much of the work could provide such services are encouraged to date in Kosovo has been based upon the to contact the UN Women office in Kosovo assumption that survivors have one collective for guidance on areas with specific needs. voice. The reality is that, previously, the more self-assured and vocal members within both the During the two-day workshop, wellness ses- communities of survivors and the service pro- sions such as art therapy, stress management, viders have been most heavily relied upon for and body therapy sessions were conducted by the provision of information pertaining to survi- trained facilitators as another means of two- vors and their needs. way participation. In this way, survivors able to be a part of the reparations design process Meetings with each of the civil society orga- were provided with health improvement tools nizations working with survivors were also to take home with them, and sessions focused conducted. Each organization detailed the on documenting their needs and voices were services they provide to survivors of con- interspersed with convivial and relaxation ses- flict-related sexual violence and background sions. information relating to how and why these services were identified as needed. As the Survivors were not asked questions in relation OHCHR report has documented these ser- to their specific experiences of sexual violence. vices, they are not included in this report.15 However, several survivors offered unprompted An important consideration of any reparation accounts of their experiences during the group programme design is the capacity and willing- sessions and several more sought out private 15 See Annex II of Rames, Healing the Spirit.

14 The Conflict Did Not Bring Us Flowers ness of the respective government to provide reparations. To ascertain this, meetings were held with representatives of: the Office of the President; Office of the Prime Minister; Ministry of Health; Ministry of Labour and Social Welfare; Ministry of Agriculture, Forestry and Rural De- velopment; Ministry of Justice; Ministry of Trade and Industry; Ministry of Education, Science and Technology; and the Agency for Gender Equali- ty. All government entities expressed genu- ine willingness to find solutions within their respective portfolios to the challenges survivors face.

The research and recommendations were pre- sented to 72 survivors in April 2016. Meeting in four groups, 68 of the 72 survivors who participated in the April 2016 validation meetings also participated in the focus group sessions in No- vember 2015. These meetings served to confirm the findings from the previous workshops and provide further clarification of perspectives on a few points.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 15 16 The Conflict Did Not Bring Us Flowers II. REPARATIONS FOR CONFLICT-RELATED SEXUAL VIOLENCE: DEFINITIONS, LEGAL FRAMEWORK, CHALLENGES AND BEST PRACTICES

20 A. Definitions Victims of conflict-related sexual -vio lence include women, girls, men, and boys The Secretary-General Guidance Note on Rep- who individually or collectively suffered arations for Conflict-Related Sexual Violence16 sexual violence and also family members, utilizes the definition of conflict-related sexual such as children or partners, and children 21 violence developed in the UN Analytical and Con- born as a result of pregnancy from rape. ceptual Framing of Conflict-Related Sexual Vio- Persons who depend on the immediate vic- lence.17 According to this definition, conflict-re- tim of sexual violence may also be victims as lated sexual violence refers to incidents or a consequence of the harm inflicted through patterns of sexual violence against women, men, the violation. Victims may include persons who girls or boys occurring in a conflict or post-con- have suffered harm in intervening to assist vic- 22 flict setting that have direct or indirect links with tims in distress or to prevent victimization. the conflict itself or that occur in other situations The words “victim” and “survivor” are used inter- of concern in the context of political repression.18 changeably in Kosovo in the context of sexual violence. It is acknowledged that it is a matter of Conflict-related sexual violence takes -multi personal preference as to how each chooses to ple forms including rape, forced pregnancy, identify. For the purpose of this document, per- forced abortion, forced sterilization, forced sons who suffered sexual violence are referred nudity, forced prostitution, sexual exploita- to as victims in the context of having been violat- tion, trafficking, sexual enslavement, forced ed, and as survivors in post-violation contexts. circumcision, castration, and other forms of sexual violence of comparable gravity.19 20 See Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Viola- tions of International Human Rights Law and Seri- 16 Guidance Note of the Secretary-General on Repa- ous Violations of International Humanitarian Law rations for Conflict-Related Sexual Violence (June (A/RES/60/147, 21 March 2006) [Hereinafter “Basic 2014). Principles and Guidelines on the Right to Remedy 17 A/66/657- S/2012/33, para. 3. and Reparation”], principles 8 and 9. 18 Guidance Note of the Secretary-General on Repa- 21 Ibid., principle 8; and Guidance Note of the Secre- rations for Conflict-Related Sexual Violence (June tary-General on Reparations for Conflict-Related 2014), p. 3. Sexual Violence (June 2014), p. 3. 19 Ibid., p. 2. 22 Ibid.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 17 Victims of conflict-related sexual violence in • Rehabilitation includes medical and psy- Kosovo are therefore all persons who expe- chological care as well as legal and social rienced any form of sexual violence before, services.27 during and after the formal period of hostilities, that had direct or indirect links to the conflict, in- • Satisfaction refers to non-financial -ex cluding acts of sexual violence against and with- pressions of reparations which can include in ethnic groups. Victims can be both female truth-seeking and disclosure; official -dec and male, and may belong to any ethnic group. larations restoring the dignity, reputation Victims may also be family members of the im- and rights of the victim; public apologies, mediate victim, and persons who depend on the including acknowledgement of the facts; immediate victim as a consequence of the harm and inclusion of accurate accounts of of the violation. Harm can be immediate and the violations in educational materials.28 long-term: physical and mental harm; loss of economic and education opportunities; related • Guarantees of non-repetition include further violations of human rights including the measures to contribute to the prevention right to family life; and moral damage including of further or future violations such as in- social humiliation, tarnished reputation and re- stitutional reforms; promotion of mecha- lated fear or anxiety. nisms for monitoring and preventing social conflicts; and promotion of human rights.29 In international law, reparations refers to all measures that may be employed to redress the These forms of reparations were developed various types of harms that victims may have without specific regard for gendered viola- suffered as a consequence of certain crimes.23 tions and, consequently, can pose challeng- They can take various forms and traditionally in- es to redressing the harm of conflict-related clude restitution, compensation, rehabilitation, sexual violence and the specificity of women’s satisfaction, and guarantees of non-repetition.24 experiences. Their application within the broader legal framework and through a gen- • Restitution is aimed at restoring the vic- der-sensitive approach is discussed below.30 tims to the pre-violation position (as far as possible). It can include restoration of liberty, enjoyment of human rights, family life and citizenship, restoration of employment and return of property.25

• Compensation should be provided for economically assessable damage, as appropriate and proportional to the gravity of the violation. Damage can include physical and mental harm; lost opportunities including employment, education and social benefits; moral damage and costs required for assistance.26

23 Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence to the General Assembly (A/69/518, 14 October 2014), para. 19. 24 Basic Principles and Guidelines on the Right to 27 Ibid., principle 21. Remedy and Reparation, principle 18. 28 Ibid., principle 22. 25 Ibid., principle 19. 29 Ibid., principle 23. 26 Ibid., principle 20. 30 See section III. C and D.

18 The Conflict Did Not Bring Us Flowers B. Legal Framework Under international law, remedies for gross violations of international human rights law and The right to an effective remedy is enshrined serious violations of international humanitarian in international human rights law and human- law include the victim’s right to: itarian law,31 as well as regional instruments.32 The right to an effective remedy has been a. Equal and effective access to justice; elaborated on in jurisprudence.33 In December 2005, the United Nations General Assembly b. Adequate, effective and prompt reparation adopted the Basic Principles and Guidelines on for harm suffered; the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights Law and c. Access to relevant information concerning vi- 35 Serious Violations of International Humanitari- olations and reparation mechanisms. an Law. The Basic Principles and Guidelines on the Right to Remedy Reparation is a compila- Pursuant to domestic and international law, tion of the rights recognized by the interna- States must provide reparation to victims of tional community through the Commission gross violations of international human rights on Human Rights and the General Assembly.34 law and international humanitarian laws that can be attributed to the State. Persons and en- 31 Key provisions in international human rights law tities found liable for violations during conflict are: The Universal Declaration on Human Rights, art. 8; the International Covenant on Civil and Po- may also be liable to provide reparations. In litical Rights, art. 2; the International Convention the event a person or entity is found liable for on the Elimination of All Forms of Racial Discrim- ination, art. 6; the Convention Against Torture and reparation to a victim, and the State has pro- Other Cruel, Inhuman or Degrading Treatment or vided reparation to the victim, the liable per- Punishment, art. 14; the Convention on the Rights son or entity should compensate the State.36 of the Child, art. 39; the International Convention for the Protection of All Persons from Enforced In the event that those liable for providing Disappearances, art. 24. Key provisions in interna- reparations are unwilling or unable to meet tional humanitarian law are found in: The Hague their obligations, States should endeavour Convention respecting the Laws and Customs of War on Land of 18 October 1907 (Convention IV), to establish national programmes for rep- art. 3; the Protocol Additional to the Geneva Con- arations and other assistance to victims.37 ventions of 12 August 1949, and relating to the Protection of Victims of International Armed Con- flicts (Protocol I) of 8 June 1997, art. 91 (applicable Jurisprudence confirms that the obligations to to international armed conflict but the obligation provide reparations go beyond monetary com- is now considered as part of customary international law applicable to non-international armed pensation. They include public investigation and conflict); the Rome Statute of the International prosecution; legal reform; restitution of liberty, Criminal Court, arts. 68 and 75. employment or property; medical care; and ex- 32 Regional instruments include: The African Charter on Human and Peoples’ Rights, art. 7; the Ameri- pressions of public apology and official recogni- can Convention on Human Rights, art. 25; and the tion of the State’s responsibility for violations.38 Convention for the Protection of Human Rights and Fundamental Freedoms, art. 13. Currently, there are not any regional instruments enshrining The United Nations Security Council Resolutions the right to remedy to which Kosovo is a party. in the Women, Peace and Security agenda pro- 33 See for example the Human Rights Committee vide methods for adopting a gender-sensitive General comment no. 31 adopted on 29 March 2004, and the Committee against Torture General approach to the application of the legal frame- comment no. 3. For an example of jurisprudence work.39 In addition, the Convention on the Elim- concerning State-to-State reparations for violations of international human rights law and inter- 35 Basic Principles and Guidelines on the Right to national humanitarian law see for example, Armed Remedy and Reparation, principle 11. Activities on the Territory of the Congo (Democratic 36 Ibid., principle 15. Republic of the Congo v Uganda) (Merits) [2005] ICJ 37 Ibid., principle 16. Rep 116. 38 A/69/518, para. 17. 34 General Assembly Resolution 60/147. 39 In particular, UNSCR 1325 (2000), 1820 (2008),

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 19 ination of All Forms of Discrimination Against Compensation for economically-assessable Women (“CEDAW”) Committee has also contrib- damage requires an understanding of the im- uted to the understanding of the legal framework mediate, medium and long-term harm that through its General Recommendation 30 on Wom- can result from conflict-related sexual violence, en in Conflict Prevention, Conflict and Post-Conflict and the gendered factors inherit in structural Situations which recommends that States ensure inequalities that may affect such calculations. reparations are gender-sensitive, promote wom- Sexual violence can cause long-standing physi- en’s rights, and include women in the design.40 cal, mental and emotional trauma, including the inability to conceive, infertility, and reproductive C. Challenges for the Design of health problems; loss of education, economic and marriage opportunities; loss of property; Reparations for Conflict- further violations of human rights such as the Related Sexual Violence right to family life; and moral damage such as social humiliation and damaged reputation. The traditional forms of reparation – restitution, compensation, rehabilitation, satisfaction, and Rehabilitation for survivors of sexual violence guarantees of non-repetition – if narrowly inter- requires an understanding of who may need preted, may prove problematic and ineffective access to what kind of services, and how acces- in providing redress for victims of conflict-relat- sible these services are. Too often, rehabilita- ed sexual violence. tion is limited to the provision of medical and physiological services for women victims of con- For crimes of sexual violence, the goal of seek- flict-related sexual violence. As sexual violence ing to restore the individual to the pre-viola- against men and boys is often invisible and/or tion state (restitution) is problematic as the under-reported, male victims of conflict-related status quo for women before, during and af- sexual violence often lack access to specific and ter conflict is often one of systemic disadvan- tailored services. Rehabilitation for other types tage. Pre-existing structural gender inequalities of victims can also be overlooked. Victims may can not only compound the consequences of also include family members and persons who conflict-related sexual violence, but also pose may depend on the immediate victim, as well as significant challenges to the design -and im persons that suffered harm intervening to assist plementation of measures aiming to address victims in distress or to prevent victimization.42 the harm of conflict-related sexual violence. Among the many negative consequenc- Women experience inequality and vulnerability es of sexual violence on the lives of sur- from a wide variety of daily realities: discrim- vivors, the emotional impact on the rest ination and stereotypes in the home, commu- of the family can be most devastating.43 nity and places of employment; cultural and Access to appropriate rehabilitation services for legal restrictions on female ownership of and other victims in addition to the immediate victim access to property; gender-based restrictions is critical, especially to address inter-generation- on movement and access to public spaces; al harm resulting from conflict-related sexual cultural norms and beliefs regarding female chastity and honour; exposure to sexual and Prevention of Violence Against Women and Girls (2012), pp.8 – 10. Available from http://www.un- gender-based violence and harassment; and unwomen.org/~/media/Headquarters/Attachments/ equal access to health services and education.41 Sections/Library/Publications/2012/11/Report-of- the-EGM-on-Prevention-of-Violence-against-Wom- 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), en-and-Girls.pdf. 2122 (2013), and 2242 (2015). 42 Basic Principles and Guidelines on the Right to 40 UN Committee on the Elimination of Discrimina- Remedy and Reparation, principle 8; and Guidance tion Against Women, General recommendation no. Note of the Secretary-General on Reparations for 30 on women in conflict prevention, conflict and Conflict-Related Sexual Violence (June 2014), p. 3. post-conflict situations, CEDAW/C/GC/30, 1 Novem- 43 Cristián Correa, Integrating Development and Repa- ber 2013. rations for Victims of Massive Crimes (University of 41 UN Women Report of the Expert Group Meeting on Notre Dame, 2014), p. 9.

20 The Conflict Did Not Bring Us Flowers violence. If considered more broadly, rehabilita- only victims of violence. Acknowledgements and tion also has the potential to include victim em- efforts to restore the dignity and reputation of powerment strategies, such as linking survivors survivors must be gender-sensitive and focus with education and economic opportunities.44 on upholding their rights as equal citizens. In cases where survivors of conflict-related sexual violence suffer from ostracism that can lead The concept of guarantees of non-recurence is to destitution, access to housing could also be a similarly problematic if interpreted too narrowly. form of rehabilitation. The violence and inequality women are exposed to in everyday life has a symbiotic relationship The concept of satisfaction as a form of rep- with the violence women experience during con- aration involves efforts to acknowledge and flict. Research suggests that structural econom- disclose facts, and restore the dignity of the ic and social inequalities for women create con- victim. What may be considered “satisfaction” ditions conducive to violence in everyday life.46 is likely to vary between women, girls, men, There is also evidence that violence against and boys. Understanding the societal shame women and girls is intensified and exacerbat- and stigma is critical to the design of measures ed in situations of socio-economic stress, con- intended to provide satisfaction. The devas- flict and other crisis situations.47 Conflict-related tating physical and physiological impacts of sexual violence has been a persistent feature sexual violence are often compounded by the in conflicts throughout the ages.48 In order to stigma attached to it. Victims can face fear of provide adequate reparations – including guar- physical, emotional and mental abuse from antees of non-repetition – it is therefore critical those around them which may lead to death to address the structural realities of everyday in extreme cases of physical abuse, or suicide. violence, discrimination and inequality in wom- For men and boy survivors of conflict-related en’s lives, as well as the harm resulting from the sexual violence, homophobia and the concept violation. of emasculation or feminization of victims can lead to additional stigma and discrimination.45 D. Best Practices to Approach- In addition to the self-censorship due to fear of stigma, survivors of sexual violence can face ac- es to Reparations for Conflict- tive silencing from those close to them as well Related Sexual Violence as those in the wider community. Fear of societal shame and stigma can also prevent survivors Guidance for the design of national adminis- from accessing effective remedies, including trative reparation programmes can be found in reparation. reparation programmes that have been administered in various States to date.49 Efforts aimed at acknowledging facts and victims 46 Fionnula Ní Aoláin, Catherine O’Rourke and Aisling must not put survivors at further risk of harm. Swaine, “Transforming Reparations for Conflict-Re- lated Sexual violence”, p. 107. They should not identify, further stigmatize, or 47 UN Women Report of the Expert Group Meeting on disempower victims. Too often, women and Prevention of Violence Against Women and Girls their experiences are missing from public ac- (2012), pp. 8 – 10. Available from http://www.unwomen.org/~/media/Headquarters/Attachments/ knowledgements related to conflict, and when Sections/Library/Publications/2012/11/Report-of- present focus on the narratives of women being the-EGM-on-Prevention-of-Violence-against-Wom- en-and-Girls.pdf, p. 8. 44 Fionnula Ní Aoláin, Catherine O’Rourke, Aisling 48 Elizabeth D Heinman (Ed.), Sexual Violence in Con- Swaine, “Transforming Reparations for Conflict-Re- flict Zones: From the Ancient World to the Era of Hu- lated Sexual Violence: Principles and Practice”, man Rights (2011). Harvard Human Rights Journal, vol. 28 (July 2015), p. 49 Judicial reparation programmes that mention 121. forms of sexual violence among the list of viola- 45 Guidance Note of the Secretary-General on Repa- tions that qualify a victim for reparations have rations for Conflict-Related Sexual Violence (June also been developed. However, as administrative 2014), p. 5. reparation programmes are wider reaching, and

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 21 National administrative reparation prorammes 1. Reparation Program Design and Imple- specifically for conflict-related sexual violence mentation Must Be Guided by the Principle have been designed and implemented to var- of “Do No Harm” ious degrees in Peru (high implementation), Croatia (medium to high implementation) The design and implementation of reparation Guatemala (low to medium implementation), programmes for conflict-related sexual violence Sierra Leone (low to medium implementa- should be guided by the principle of “do no tion), Bosnia and Herzegovina (medium imple- harm”. The design must take into account the mentation), and Timor-Leste (no implementa- specific challenges of access and stigmatization. tion).50 In other countries, sexual violence was Limiting access to reparations to a process re- not an explicit category for reparations, rath- quiring registration of victims can run the risk er broader categories were adopted (such as of exposing victims, even if the registration pro- victims of human rights violations). Today, cess is confidential. Designing a reparation pro- several more countries are in the process gramme in which benefits are available to vic- of designing administrative reparation pro- tims of conflict-related sexual violence as well as grammes for conflict-related sexual violence.51 other categories of persons can assist to hide Each country designing and implementing rep- the identity of sexual violence victims in the big- aration programmes is different as the type of ger group, thereby avoiding stigma. conflict, historical context, legal traditions, region and socio-economic development differ. In Timor-Leste, the Commission for Reception, Truth Nevertheless, the lessons learnt from each pro- and Reconciliation (CAVR) recommended single cess are valuable. mothers, widows and survivors of conflict-related sexual violence receive benefits that could assist to Principles and guidance for the design of rep- rebuild their lives such as skills trainings and income arations for conflict-related sexual violence are generating activities. The recommendation not only found in the Basic Principles on the Right to served to prioritize those whose biggest challenge Remedy and Reparation; the Guidance Note of was securing financial security, but also aimed to the Secretary General on Reparations for Con- reduce the risk of identification of sexual violence flict-Related Sexual Violence; and the 2014 Re- port of the Special Rapporteur on the promo- survivors by not singling them out. tion of truth, justice, reparation and guarantees of non-recurrence to the General Assembly.52 For reparation programmes for conflict-related A summary of the key features of a reparation sexual violence that involve a registration pro- programme for conflict-related sexual violence cess, care must be taken with the procedural based on these principles, practices, and guides rules to protect the interests of the victims, par- is provided below. ticularly their security and privacy. It is essential that reasonable and appropriate measures for burden of proof are adopted.

In Peru, a variety of mechanisms were used for reg- istering victims, including declarations of community leaders and analysis of contextual information. In Chile, Kosovo has already embarked on the process of the payment of reparations for torture did not re- an administrative reparation programme, these are not considered within the scope of this paper. quire victims to disclose or prove their experiences 50 To date, the administrative reparation programme of torture. The fact that they had been detained in a in Timor-Leste has not been implemented, howev- centre known for its extensive use of torture meant er, within the mandate of the Truth and Reconcilia- tion Commission, emergency reparative measures that compensation was paid without needing to meet were provided to victims deemed to require ur- a burden of proof. gent assistance. 51 Such as Tunisia, and Côte d’Ivoire. 52 A/69/518.

22 The Conflict Did Not Bring Us Flowers 2. Reparation Programme Design, Implemen- 3. Reparations Must Be Gender-Sensitive tation, Monitoring and Evaluation Must Be Victim-Centric and Inclusive The design of a reparation programme that is just requires understanding the gendered nature Reparations are the only transitional justice and consequences of harm suffered by women measure designed to benefit survivors directly. and girls as well as men and boys. Gender in- It is therefore critical to hear survivors’ views on equalities also need to be considered to ensure specific forms of reparations, and to prioritize that reparations do not marginalize, ostracize, resources to ensure reparations are effective.53 penalize or exclude women, girls, men or boys.54 All survivors of conflict-related sexual violence The intersection of gender with other forms of should be able to participate in reparation pro- identity (such as ethnicity or religion) and struc- cesses, and be treated with respect and care tural positions (such as age, education or mari- to avoid causing additional harm and trauma. tal status) must also be considered.55 Participation and consultation should be facilitated without discrimination on the basis of sex, For example, a gender-sensitive approach to gender, identity, ethnicity, race, political affilia- the calculation of compensation for conflict-re- tion, class, marital status, sexual orientation, na- lated sexual violence against women must take tionality, religion, and (dis)ability, or any other into account the social importance of a woman’s status. fertility, chastity, honour and role in society as a wife and mother; the consequences of sexual Ensuring that victims can adequately partici- violence for a woman’s marriage prospects; and pate and have their perspectives included in factor in the lack of financial reward for wom- the design, implementation, monitoring and en’s work in the private sphere. evaluation of reparation programmes requires: providing adequate information through acces- Similarly, a gender-sensitive approach to reha- sible means to all potential victims; identifying bilitation must take into account the additional legal, cultural, social, economic, and other barri- difficulties male survivors may face in accessing ers faced by victims; listening to and accommo- services they require. Additional resources may dating their concerns; and providing safe envi- also be required to enable the participation of ronments which facilitate participation in ways men and boys in reparation processes. that are acceptable to the culture and religion of participants, and possible with the multitude of 4. Reparations Should Strive to Be Transfor- family, work and social obligations participants mative may have. “Reparations must go beyond the immediate rea- The reparation process itself should strive to sons and consequences of the crimes and violations; increase the inclusion and autonomy of victims they must aim to address the political and structural throughout all stages, and adjust to evolving inequalities that negatively shape women’s and girl’s capacities. Women only focus groups during lives”. Nairobi Declaration on Women’s and Girl’s community consultations can facilitate the development of women’s autonomy. Ensuring de- Right to Remedy and Reparation cision-making processes are gender-balanced can serve to empower women to participate. 53 Basic Principles and Guidelines on the Right to Sexual violence often results from and perpet- Remedy and Reparation; Guidance Note of the uates pre-existing discrimination and struc- Secretary-General on Reparations for Conflict-Re- lated Sexual Violence (June 2014); Report of the Special Rapporteur on the promotion of truth, jus- 54 Guidance Note of the Secretary-General on Repa- tice, reparation and guarantees of non-recurrence rations for Conflict-Related Sexual Violence (June to the Human Rights Council, A/HRC/21/46 (9 Au- 2014), p. 5. gust 2012); and A/69/518. 55 A/69/518, para. 70.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 23 tural subordination.56 Sexual violence against to ensure inequalities can be adequately ad- women is often rooted in beliefs about their dressed and not exacerbated. It requires redis- subordination and male sexual entitlement, tribution of resources to empower and effect together with a disregard for their equal en- social change. joyment of rights. Sexual violence against men can also be rooted in stereotypes about mas- Morocco’s Equity and Reconciliation Commission (IED) culinity and constructions of gender and sex- sought to contribute through its mandate to efforts ual identity around power and domination.57 to alter discriminatory practices. For example, the Just and effective reparation programmes IER did not use the models of previous compensation must therefore seek to dismantle – as much as possible – these structures of discrimi- schemes based upon traditional inheritance laws that nation and inequality. They should strive to prevent the wives of the disappeared or killed from address both the causes and consequenc- obtaining compensation. Rather, applying non-dis- es of conflict-related sexual violence.58 criminatory principles, the IED, awarded the wives They must not reinstate or reinforce structural reparations based upon their role as the victims’ conditions within a society that may contribute spouses. This decision has been subsequently used by to the perpetuation of sexual violence, or the the women’s movement in its campaign to change the discrimination against sexual violence victims. 59 discriminatory family laws.

To date, the ability of reparation programmes to be transformative has been limited. However, In addition, the consequences for the health much has been written by way of guidance as and wellbeing of victims, long-term discrimina- to how reparation programmes, especially for tion and stigmatization can prevent victims from conflict-related sexual violence, can be transfor- progressing socially and economically.61 In mative.60 A first step in designing transformative terms of empowering survivors through distri- reparations for conflict-related sexual violence bution, providing periodic benefits and autono- is to identify the political, economic, and social my-enhancing projects such as micro-credit and cultural foundations that may contribute programmes in combination with specific train- to the underlying structural causes of inequal- ing have been shown to be more beneficial and ity and discrimination. The design of reparation sustainable than lump-sum or one-off bene- programmes also requires victim participation fits.62 The provision of health care, housing, and other necessary benefits are also critical for sur- 56 Guidance Note of the Secretary-General on Repa- rations for Conflict-Related Sexual Violence (June vivors to be able to take advantage of such pro- 2014), p. 8. grammes. Access to health care, education op- 57 Ibid. portunities and inheritance for children of 58 CEDAW/C/GC/30 (2013), para. 77. 59 Guidance Note of the Secretary-General on Repa- victims can help to halt long-term, inter-genera- rations for Conflict-Related Sexual Violence (June tional and transgenerational consequences that 2014), p.8; and A/69/518, para. 72. may result from conflict-related sexual violence 60 See for example: Melanie Hyde, Emma Palmer and Sarah Williams, Transformative Reparations and prevent structural inequalities spanning for Sexual and Gender-Based Violence at the Ex- across generations. traordinary Chambers of the Courts of Cambodia: Report of the Workshop (28 November 2014); Fionnula Ní Aoláin, Catherine O’Rourke and Aisling The goal of transformative reparations is to ad- Swaine, “Transforming Reparations for Conflict-Re- dress both the cause and consequence of the lated Sexual violence”; Ruth Rubio-Marin, “Repara- tions for Conflict-Related Sexual and Reproductive violence and/or violation. Defining a standard Violence: A Decalogue” William & Mary Journal of to guide the development and implementa- Women and the Law (2012) 19(1), p. 69; A/69/518; Guidance Note of the Secretary-General on Rep- 61 Cristián Correa, Integrating Development and Repa- arations for Conflict-Related Sexual Violence (June rations for Victims of Massive Crimes, p.13. 2014). 62 A/69/518, para. 73.

24 The Conflict Did Not Bring Us Flowers tion of reparations can assist in addressing the In Colombia, 25 May has been declared the “National causes and consequences of violence. Correa Day for the Dignity of Women Victims of Sexual Violence eloquently suggests that an appropriate stan- caused by the Internal Armed Conflict”. The commemo- dard for reparations is the delivery of a con- rative day is one of the collective reparation measures crete message of membership and dignity.63 proposed by a survivor of conflict-related sexual violence As gross human rights violations such as con- to recognize the physical suffering experienced victims of flict-related sexual violence can be seen asa conflict-related sexual violence and restore their dignity. message denying the victim’s dignity and membership in the community, and inaction or further mistreatment can reinforce that message, the goal of reparations should therefore be to As an effective reparation programme distrib- deliver the opposite message. All reparative utes benefits in such a way as to turn every sur- measures therefore should seek to deliver and vivor into a beneficiary,64 combining different reinforce the message of membership and dig- forms of reparations can help to achieve maxi- nity. mum results. Combining forms can also serve to maximize resources, as programmes that bene- 5. Adequate Reparation for Conflict-Related fit both individuals and collectivities may cover Sexual Violence Requires a Combination of a larger number of survivors.65 Since not all sur- Different Forms of Reparations vivors of conflict-related survivors may wish to identify as such (even if identification processes Reparations can take various forms, and are gen- are confidential), combining forms also helps erally categorized as material, symbolic, individ- to reach out to those that do not wish to apply ual or collective. Material forms of reparations for individual benefits. Including multiple repar- may include cash payments, or services and ative measures in a reparations package – for benefits such as health care, housing, or educa- example payments, health care, scholarships, tion. Symbolic forms of reparations may include access to housing and symbolic forms of repa- official apologies, establishing memorials, and/ rations – also provides for different needs with- or dedication of public spaces (such as muse- out sending a message of differentiated value ums, parks or changing names of streets), com- of suffering.66 memoration days, or rehabilitation measures such as restoring dignity and honour to victims. In June 2015 Croatia’s Parliament adopted a law that pro- Individual reparations are for the benefit of specific individuals, and collective reparations for vides all sexual violence victims of the war with a once-off specific groups or communities. Individual and payment, monthly compensation for the rest of their collective reparations should complement and lives, and access to legal aid, compulsory and additional reinforce each other. Reparation programmes, health insurance, regular annual medical check-ups and in addition to including material and symbolic accommodation in institutions providing services and elements to individuals and collectivities, can be assistance to war veterans and war victims. increased in effectiveness when also combining immediate and ongoing benefits. Though material forms of reparation are often the first that come to mind, symbolic reparations are an important means through which harm that cannot be repaired with money (such as stigma) can be addressed, communities can be assisted to make sense of the painful events

64 A/69/518, para. 23. 65 Ibid., para. 31. 63 Cristián Correa, Integrating Development and Repa- 66 Cristián Correa, Integrating Development and Repa- rations for Victims of Massive Crimes, p.12. rations for Victims of Massive Crimes, p. 12.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 25 of the past, and the message of membership political will or capacity to implement. Doing so and dignity can be reinforced.67 State acknowle- can defeat victims’ expectations and undermine degment is a key form of symbolic reparation the purpose of reparations, causing distrust that is crucial to addressing and combatting between victims and the State. Development stigma and restoring the victim to a position of actors can assist authorities to develop the ca- value.68 Frequent affirmation of the message of pacity to provide reparations and strengthen membership and dignity can serve to reinforce reparation programmes through infrastructure it.69 Symbolic forms of reparation are an integral that can deliver reparations, such as schools, part of reparations for conflict-related sexual hospitals and dissemination of information to violence; however, caution is required in the de- potential beneficiaries. sign of symbolic forms of reparation so as not to further enhance stigma and stereotypes attach- Reparation programmes and development pro- ing to survivors.70 Survivor input into the form grammes can also increase the effectiveness of symbolic reparations is critical to ensure it is for one another. For example, reparation pro- both meaningful and does no harm. grammes, particularly for conflict-related sexual violence, can assist development through em- 6. Linking Reparations with Development powering survivors who may in turn participate in development decision-making and benefit The right to reparation and the right to devel- more directly from development programmes. opment are distinct rights. States have primary Similarly, development programmes can assist responsibility to provide reparations to victims to maximize resources available for reparations of gross violations of international human rights and continue to reinforce the goals and objec- law and serious violations of international hu- tives of reparation programmes in the long- manitarian law.71 Development policies often term. This is important for addressing long-term have a broader focus, aimed at larger groups harm and discrimination in particular, as it is not and communities who may suffer from mar- something that can be resolved in a short peri- ginalization and poverty. Development pro- od of time. grammes should not be utilized as a substi- tute for reparation programmes, however, the grounding, functions and purpose of reparation and development programmes can be linked to mutual and long-lasting benefits, thus providing long-term positive impacts on the wellbeing of survivors and communities.

Reparation programme design must take into consideration the capacity of the State to provide reparations. There is little utility in designing a reparation programme where there is little

67 Ibid; A/69/518, para. 33. 68 Fionnula Ní Aoláin, Catherine O’Rourke and Aisling Swaine, “Transforming Reparations for Conflict-Re- lated Sexual violence”, p. 118. 69 Cristián Correa, Integrating Development and Repa- rations for Victims of Massive Crimes, p.17. 70 Guidance Note of the Secretary-General on Repa- rations for Conflict-Related Sexual Violence (June 2014), p .7. 71 Basic Principles and Guidelines on the Right to Remedy and Reparation.

26 The Conflict Did Not Bring Us Flowers III. REPARATIONS FOR CONFLICT-RELATED SEXUAL VIOLENCE IN KOSOVO

This report is focused on the rights and needs healing the trauma and, developed methods of survivors of conflict-related sexual violence for supporting people with trauma.74 Activism in Kosovo today, 16 years after the conflict, came at a price, however: for many women, im- and how these should be addressed through prisonment, interrogation, police harassment a comprehensive reparation programme.72 It as well as physical and psychological strain were necessarily focuses on the perspectives and not uncommon. In the aftermath of the conflict, voices of women survivors as only women sur- many women (including survivors of sexual vio- vivors were able to participate in the consulta- lence) became heads of households, having to tions focused on the design of a reparation pro- deal with trauma and new economic responsi- gramme. This should not be taken to suggest all bilities simultaneously. Kosovar women experienced sexual violence, or victims of sexual violence did not suffer other Focusing on women’s perspectives also does experiences as well during the conflict. Indeed, not suggest that only women experienced sex- women’s incredible activism during the conflict ual violence. Male survivors of conflict-related in Kosovo has been well documented.73 Women sexual violence have spoken about their experi- were engaged in smuggling goods past check- ences and some have sought the services of civ- points, delivering humanitarian assistance to il society organizations providing psycho-social the front lines and caring for the wounded in support.75 Unfortunately, infrastructure to sup- the early days of the conflict. As fighting intensi- port men and boys who have suffered sexual fied, women’s organizations assisted those flee- violence has been limited, and the experiences ing the violence by helping the displaced with of men have not been the focus of documenta- food, shelter, support, medical care and other tion efforts. To date, only one service provider necessities, as well as by working with interna- has been able to assist male survivors. Anoth- tional NGOs to monitor and report on human er provider has reportedly been approached rights abuses. During the chaos of the conflict, by a number of male survivors for assistance, many women recognized the need to work on but has not had the capacity to respond. During

72 Given the lapse of time since the conflict, child vic- 74 Ibid., p. 132. tims of conflict-related sexual violence are today 75 A recent example of a man’s account of the sex- adults and hence referred to as women and men ual violence he experienced during the war can survivors. be found at: Arton Konushevci, ‘Rrëfimi i një burri, 73 See for example: Kosovar Gender Studies Centre, viktimë e dhunës seksuale gjatë luftës në Kosovë History is Herstory too: The History of Women in Civil (Lit. The story of a man victim of sexual violence Society in Kosovo 1980 – 2004, (Prishtinë/ Priština, during the war in Kosovo)’ (2016) (23 March) Radio 2008). Free Europe.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 27 the focus group discussions, a woman survivor services to victims of forced nudity and has ex- of conflict-related sexual violence noted that a cluded them from other activities. young male relative also suffered from sexual violence during the conflict, but that it has not Similarly, recognition of acts perpetrated after been possible to connect him with a service the formal end of hostilities remains challeng- provider, primarily due to fear of the violation ing. Sexual violence is widely known to have against him becoming known and the possible continued after the official cessation of hostil- societal consequences that could flow from ities and is considered to have been facilitated such identification. by the lack of infrastructure in the immediate aftermath of the war such as power outages Conflict-related sexual violence occurred and poor lighting.78 Nevertheless, the current throughout Kosovo before, during and after the legislative framework for the recognition of sur- conflict. To date, however, there has not been vivors of conflict-related sexual violence for the any systematic documentation or research provision of reparative measures is limited to of conflict-related sexual violence in Kosovo. persons who suffered sexual violence between Much of the documentation of conflict-related 27 February 1998 and 20 June 1999.79 sexual violence has described sexual violence perpetrated by Serbian police or paramilitaries Conflict-related sexual violence has had severe against ethnic Albanian women. Rape is believed consequences in Kosovo. Victims suffered phys- to have been used to dehumanize Kosovar Alba- ical injuries and physiological trauma. Many nians, and women in particular were potentially women sought abortions under desperate sit- targeted in an effort to thwart their activism and uations and others bore children conceived in support for the Kosova Liberation Army (KLA). rape.80 The social shame and stigma faced by However, sexual violence against ethnic Roma, survivors of sexual violence prevented many Ashkali, Egyptian and Serbian women by other from accessing care and rehabilitation ser- perpetrators has also been reported.76 Sexu- vices. Perceived or actual community attitudes al violence against men also occurred but has towards victims of sexual violence have led to been even less reported and documented. several deaths by suicide. An additional small number have died from domestic violence per- Within the accounts of conflict-related sexual petrated against victims in the name of honour. violence that have been documented, various For some, it limited or wholly erased their eli- forms of sexual violence have been identified.77 gibility to marry, further affecting their status Nonetheless, several service providers and ac- in society. Others have been rejected by their tors engaged in advocacy efforts for the recog- husbands, or have otherwise become a finan- nition of survivors of conflict-related sexual vi- cial burden and source of lingering shame to olence have limited views of sexual violence as their families. After 16 years, many still have not meaning only rape (acts of penetration). For ex- come forward for fear of repercussions such as ample, one organization has reportedly refused ostracism from their communities or even families. The survivors had, and in many cases con- 76 Kosovar Gender Studies Centre, History is Hersto- tinue to have, strong incentives to remain silent ry too, p. 275; Humanitarian Law Centre, “Kosovo Roma: Targets of Abuse and Violence 24 March 78 CIVPOL registered 362 cases of rape/ sexual as- – 1 September 1999”. Available from http://www. sault from 2000- 2002 (annual reports); Kosovar greekhelsinki.gr/english/reports/hlc-march- Gender Studies Centre, History is Herstory too, p. sept-1999.html; and a service provider in Kosovo 275. has reported providing services to Roma, Ashkali 79 Law no. 04/L-172 art. 4 (3.6). and Egyptian survivors of conflict-related sexual 80 According to the Guardian, humanitarian organi- violence. zations such as the as the International Red Cross 77 See for example: Human Rights Watch, “Kosovo: estimated that in January 2000 approximately one Rape as a Weapon of Ethnic Cleansing”, (2000). hundred babies conceived of rape were born in Available from http://www.hrw.org/legacy/re- Kosovo: Helena, S., “Rape Victims’ Babies Pay the ports/2000/fry/index.htm#TopOfPage. Price of War”, The Guardian, 16 April 2000.

28 The Conflict Did Not Bring Us Flowers about their experiences which in turn has wors- • On 4 June 2012, an Inter-Ministerial Work- ened their psychological trauma.81 It should be ing Group on Dealing with the Past and noted that this is not the situation for all survi- Reconciliation (IMWG DwPR) was created vors. A small number enjoy the support of their in Kosovo, with the main purpose of draft- family members and have benefited enormous- ing a “transitional justice strategy.”82 The ly from psycho-social and other services provid- IMWG DwPR has four sub-working groups ed by civil society organizations. structured on the four traditional pillars of transitional justice: the right to repa- Much of the support for survivors of sexual vio- ration sub-group; the right to justice sub- lence has come from women-led civil society or- group; the right to know sub-group; and ganizations. During the conflict, these became the guarantees of non-recurrence sub- spaces for women to gather and share their group. These groups have held semi-reg- experiences. The services and advocacy initia- ular meetings which have culminated in tives of these organizations have evolved over the outline of objectives for their work, time, from providing trauma care during and mapped transitional justice initiatives and immediately after the conflict, to psycho-social identified key issues for transitional justice services, and, more recently, small scale income in Kosovo. The IMWG DwPR is currently in generating opportunities. These organizations, the process of preparing for national con- particularly the four providing services today sultations intended to begin in 2016. – Medica Kosova, Medica Gjakova, the Kosovo Rehabilitation Centre for Torture Victims (KRCT) • On 29 January 2014, the Government ap- and the Centre for the Promotion of Women’s proved the Action Plan for Implementa- Rights – as well as advocacy and support groups tion of UNSCR 1325, which includes as one and networks, such as the Kosovo Women’s of its three outcomes the provision of re- Network, have been remarkable in their adap- dress to survivors of conflict-related sexu- tation to the evolving needs of survivors of con- al and gender-based violence. flict-related sexual violence. • On 5 March 2014, the President of Kosovo, A. Current Reparative with a special Presidential decree, established the National Council on the Survi- Initiatives for Conflict-Related vors of Sexual Violence during the war in Sexual Violence in Kosovo Kosovo (the National Council). The Nation- al Council brought together representa- Various stakeholders have undertaken a variety tives of key ministries, civil society and in- of steps to achieve recognition and reparations ternational stakeholders that can support for conflict-related sexual violence in Kosovo. A 82 The Kosovo Inter-Ministerial Working Group on full list of these initiatives is included in Annex I. Dealing with the Past and Reconciliation (IMWG DwPR) was established by Government Decision As the obligation to fulfill the right to reparation no. 03/77 (04 June 2012). The IMWG DwPR is com- of victims of conflict-related sexual violence is a posed of 16 representatives from goverment insti- State obligation, the focus of this section is on tutions, and 8 representatives from civil society, including representatives in the capacity of experts the steps taken to date by the Kosovo authori- and observers in its activities and meetings. The ties to fulfil that obligation. first meeting of the IMWG DwPR was conducted on 18 March 2013. On 15 October 2014, the Gov- ernment approved IMWG DwPR Rules of Proce- In a few short years, the authorities of Kosovo dure (Decision no. 02/200 15 October 2014) which have taken a number of monumental steps to define the mandate of IMWG DwPR, obligations of members, secretariat and leadership; and the address the rights and needs of survivors of IMWG DwPR Work Plan 2015-2017 (Decision no. conflict related sexual violence. These can be 03/200 15 October 2014) which defines the activ- summarized as follows: ities towards drafting the Transitional Justice Strat- egy and the time frame for the implementation of 81 Kosovar Gender Studies Centre, History is Herstory each activity. Regulation no. 18/2014 (7 November too, p. 276. 2014) outlines the work of the IMWG DwPR.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 29 violence survivors towards an improved, 1. The Current Domestic Legal Framework to better coordinated response. Its members Address Conflict-Related Sexual Violence included Ministers, representatives of the judiciary and prosecutors, as well as prom- The process of achieving legislative reform to inent civil society organizations and inter- recognize survivors of conflict-related sexual vi- national organizations. olence in Kosovo, despite having a slow start, is a testament to the strength of civil society, will- • On 20 March 2014, the Kosovo Assembly ingness of political parties and authorities, and approved Law no. 04/L-172 On Amending ability of both groups to work efficiently and and Supplementing the Law no. 04/L-054 effectively together towards a common goal.83 On the Status and the Rights of the Mar- The amendment to Law no. 04/L-054 to provide tyrs, Invalids, Veterans, Members of Koso- legal recognition of survivors of conflict-related vo Liberation Army, Sexual Violence Vic- sexual violence was put forward to Kosovo As- tims of the War, Civilian Victims and Their sembly by the parliamentary group of Lëvizja Families, which legally recognizes the sta- Vetëvendosje in March 2013. Various relevant tus of civilian victims of the sexual violence Parliament Committees made further changes during the last armed conflict in Kosovo. to the amendment before it went on to become Law no. 04/L-172 On Amending and Supple- • On 30 December 2015, the Government menting the Law no. 04/L-054 On the Status of Kosovo passed a regulation to imple- and the Rights of the Martyrs, Invalids, Veterans, ment the amendments to Law no. 04/L- Members of Kosovo Liberation Army, Sexual Vi- 054, specifically to recognize and provide olence Victims of the War, Civilian Victims and the benefits provided by Law no. 04/L-172. Their Families and entered into force in March Regulation no. 22/2015 On Defining the 2014. Procedures for Recognition and Verifica- tion of the Status of Sexual Violence Vic- Implementing legislation for the amendment tims During the Kosovo Liberation War to Law no. 04/ L-054, namely Regulation no. establishes the criteria and procedures for 22/2015 On Defining the Procedures for Rec- verification of conflict-related sexual- vio ognition and Verification of the Status of Sexual lence victims. It also provides the authority Violence Victims During the Kosovo Liberation for the establishment of the Government War, was drafted in an inclusive process under Commission on Recognition and Verifica- the leadership of the Legal Office of the Office tion of the Status of Sexual Violence Vic- of the Prime Minister. A working group of the tims During the Kosovo Liberation War. Nation Council comprised of representatives of various ministries and civil society actors col- • The Government Commission on Rec- laborated on the draft and drew on the lessons ognition and Verification of the Status of learned from the similar process in neighbour- Sexual Violence Victims During the Kosovo ing Bosnia and Herzegovina. Regulation no. Liberation War is in the process of being 22/2015 entered into force in February 2016. established. The Legal Office of the Office of the Prime Minister is leading the pro- A summary of the benefits that conflict-related cesses required for establishment of the sexual violence survivors will be entitled to once Commission. verified by the Commission, together with the benefits for other categories of persons provided for under Law no. 04/L-054, can be found in Annex II. In summary, the provisions of the leg-

83 The steps taken by the various actors are outlined in Annex I.

30 The Conflict Did Not Bring Us Flowers islative amendments for conflict-related sexual The legislative amendments are large, positive violence survivors are as follows: steps forward to recognizing and addressing the needs of conflict-related sexual violence survi- Beneficiaries: A “sexual violence victim of the vors. However, the limited construction of ben- war” is defined as a person who survived sexual eficiaries and benefits poses some difficulties. abuse and rape within the period 27 February The timeframe of eligible beneficiaries is too 1998 until 20 June 1999.84 Beneficiaries of the narrow. Sexual violence occurred leading up to law are to be determined after the review of the conflict, and after the formal cessation of cases by the responsible Government Commis- hostilities immediately after the armed conflict. sion.85 Restricting potential beneficiaries to persons who survived sexual abuse and rape within Benefits: the period 27 February 1998 until 20 June 1999 excludes persons who experienced sexual vio- 1. Pension.86 (To be determined by decision lence as a result of the conflict outside of this of the Government)87 timeframe. Notably, it excludes sexual violence during revenge attacks, which affected persons 2. Other benefits:88 of all ethnic groups, but particularly Serbs. Un- der Law no. 04/L-172, missing civilians are those a. Health services abroad for treatment reported missing from 1 January 1998 to 31 De- of deteriorated health conditions that cember 2000. It is suggested that this is also a are a consequence of the war and for suitable timeframe for recognition of conflict-re- which there is no treatment in Kosovo.89 lated sexual violence.

b. Priority in employment in the public At the time of writing, the pension amount to and private sector, in accordance be received by verified conflict-related sexual with the Law no. 03/L-19, for training, violence victims had not been established. It is professional rehabilitation and employ- therefore not known how effective this will be in ment.90 addressing survivors’ needs.

c. Release of property tax for victims who The provision of access to free health care ser- are in difficult economic conditions.91 vices outside of Kosovo on its surface appears to be beneficial. However, the lack of access to d. Residential care in collective social free health care within Kosovo poses a major housing for persons in difficult econo- challenge to survivors. Moreover, the eligibility mic conditions.92 for health care services outside the country is linked to the condition for which the care is be- 3. Regulation no. 22/2015 enables the Com- ing sought, meaning a deteriorating condition mission to consider urgent medical assis- that resulted from the sexual violence. This is an tance.93 almost impossible threshold to meet for many survivors suffering severe health conditions 84 Law no. 04/L-172 art. 4 (3.6). 85 Law no. 04/L-172 art. 7, amending Law no. 04/L- such as cancer, epilepsy, or heart conditions. 054 art. 14 (added as 2.8). 86 Law no. 04/ L-054 art. 5 (1.2.3). 87 Law no. 04/L-172 art 7, amending Law no. 04/L-054 While positive discrimination for survivors is in- art. 14. ventive and appealing, in practice providing pri- 88 Applicable sections of article 6 of Law no. 04/L-054. ority to verified victims in areas of employment 89 Law no. 04/L-054 art. 6 (1.5). 90 Law no. 04/L-054 art. 6 (1.8). is actually difficult to do without disclosing a re- 91 Law no. 04/L-054 art. 6 (4). cipient’s identity as a survivor of conflict-related 92 Law no. 04/L-054 art. 6 (6). sexual violence. Similarly, the benefits of access 93 Regulation no. 22/2015, art. 28.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 31 to tax breaks and social housing for survivors in Another difficulty posed by the differing trans- difficult economic conditions will be difficult to lations relates to the exemption of survivors of implement without disclosing applicants to be conflict-related sexual violence from testing the survivors of conflict-related sexual violence. The degree of invalidity applicable to victims of oth- release from residential taxes is of limited utili- er types of violence. KLA and civilian victims with ty as most survivors are women, and tradition- disabilities attributable to the conflict are cate- ally women do not own property in their own gorized under the law according to their degree names. Access to housing may be of great ben- of invalidity, with benefits varying by category.98 efit for some survivors; however, it is unclear In the English version of Law no. 04/L-172, ar- whether survivors will be included in the priority ticle 7 provides that “sexual violence victims of group of persons eligible,94 and currently access the war shall be excluded from the degree of to such housing is limited. invalidity” (emphasis added). This is believed to be the intention behind the provision; however, Regulation no. 22/2015 provides a framework the same provision in the Albanian and Serbian for the administrative processes of the Govern- versions translates to: “rape victims of the war ment Commission on Recognition and Verifi- shall be excluded from the degree of invalidity” cation of the Status of Sexual Violence Victims (emphasis added).99 This translation error or During the Kosovo Liberation War including oversight could lead to the interpretation that the application form to be utilized. The Com- only survivors of rape, not other forms of sexual mission, once established, will determine the violence, are exempt from being categorized ac- specificities of the application process and the cording to a degree of invalidity. This gives rise criteria upon which applications will be decided. to the question of how a degree of invalidity can While the definition of beneficiaries in all ver- be assessed for a survivor of sexual violence sions of the law provides for victims of sexual other than rape. It can be assumed that this will abuse and rape,95 the name of the Commission not only be a difficult task to assess, but will -de (as established in Law no. 04/L-172) in the offi- ter survivors of sexual violence from applying to cial languages of Kosovo, Albanian and Serbian, the Commission for verification in order to re- gives rise to concern over how the Commission ceive the benefits provided under the law. will define sexual violence for the purpose of verification.96 The title of the Commission in The application process for verification by the both the Albanian and Serbian versions of the Commission was designed in consultation with law translates to “The Government Commission civil society actors providing services to survi- on Recognition and Verification of the Status of vors, and drew on lessons learned from other Rape Victims During the Kosovo Liberation War” reparation programmes, particularly that of (emphasis added).97 The title in the English ver- Bosnia and Herzegovina. Applicants are able sion of the law is “The Government Commission to submit a written application form (attached on Recognition and Verification of the Status of to Regulation no. 22/2015) to the Commission Sexual Violence Victims During the Kosovo Lib- via three methods: via an authorized NGO, via eration War” (emphasis added). a regional office off the Department of Martyrs’ Families and War Invalids (DMFWI); or to the 94 Law no. 04/L-054 provides prioritization in access to social housing to be provided to martyrs’ close Commission Secretariat directly by mail or hand families and those of missing persons, and inva- delivery.100 These methods were established to lids: art. 6 (6)(6.1). avoid further stigmatization of applicants. Uti- 95 Law no. 04/L-172 art. 4 (3.6). 96 The official languages of Kosovo are Albanian and lizing locations that survivors already visit can Serbian: Law no. 02/L-37 On the Use of Languages, art. 2.1. 98 See Annex II. 97 Albanian: Komisioni Qeveritar për Njohjen dhe 99 Albanian: përjashtim nga shkalla e invaliditetit bë- Verifikimin e Statusit Gjatë Luftës Çlirimtare të jnë personat e dhunuar gjatë luftës. Serbian: Za Kosovës. Serbian: Vladina Komisija za Priznavanje lica silovana tokom rata ne primenjuje se stepen I Verifikaciju Statusa Osoba Silovanih Tokom Oslo- invalidnosti. Law no. 04/L-172, art. 7 (2.6). bodilačkog Rata Kosova: Law no. 04/L-172 art. 8. 100 Regulation 22/ 2015, art. 25.

32 The Conflict Did Not Bring Us Flowers ensure greater levels of confidentiality, and pro- resulted in a number of significant initiatives viding information in writing is anticipated to and achievements. prevent unnecessary identification of survivors. It will be critical that all persons that may come into contact with survivors through the appli- a. Legal Recognition and Access to justice initiatives cation and verification process (NGO, DMFWI and Commission personnel) have appropriate Shortly after Law no. 04/L-172 was adopted in training on human rights, gender-sensitive ways Parliament on 20 March 2014, a working group o deal with victims and confidentiality require- of the National Council was formed to work ments. on the implementing legislation. The working group, led by the Director of the Legal Office 2. The National Council on the Survivors of of the Office of the Prime Minister, adopted an Sexual Violence During the War inclusive approach to the drafting of the regulation, consulting widely on its content. The The National Council on the Survivors of Sexu- Regulation was approved in December 2015 al Violence During the War in Kosovo (“the Na- and entered into force in February 2016. Steps tional Council”) was established by President to functionalize the Government Commission on Jahjaga in March 2014. In 2013, concerned by Recognition and Verification of the Status of Sexual the slow moving efforts until that point for re- Violence Victims During the Kosovo Liberation War parative measures for victims of conflict-related are being undertaken. sexual violence and some of the points of discussion in Parliament in the process of drafting The Access to Justice Working Group, chaired by and adopting Law no. 04/L-172, the President the Ministry of Justice, included representatives began looking at ways in which the Presiden- of the Kosovo Judicial Council, Kosovo Prosecu- cy could offer its power to support the -survi torial Council, Kosovo Police, EU Rule of Law vors. In October 2013, the President convened Mission in Kosovo (EULEX), Office of the Presi- a meeting with a group of survivors to obtain dent, Office of the Prime Minister, civil society concrete information about their situations and organizations that work with conflict-related needs. During that meeting, the President was sexual violence survivors and UN Women. The overwhelmingly requested by survivors to assist group drafted an Action Plan for Access to Jus- them with four areas of reparation: legal recog- tice for Victimes of Sexual Violence During the nition and access to justice; economic support War which identifies survivors’ impediments to and empowerment; health care; and awareness accessing justice and opportunities to strength- raising to tackle the stigma and discrimination en the capacity of judicial institutions to deal they face. The beginnings of the National Coun- with cases of conflict-related sexual violence. cil developed from this meeting, and it was for- The Action Plan outlines 16 activities and 26 mally opened on 5 March 2014. actions or steps to be taken towards the fulfillment of three objectives: legal and institutional The National Council had two unique and highly reform; development of capacity of relevant ac- effective features. The first is that its member- tors; and support to empower victims and raise ship was comprised of representatives of key public awareness of victims’ right to justice. It government and civil society institutions, and it also contains indicators and timeframes, and enjoyed strong support from both sectors. The specifies institutions to be responsiblefor partic- second key feature was that it had four working ular actions. A number of the actions included in groups centered around the needs articulated the Action Plan have been undertaken, includ- by survivors. The strong support of the Presi- ing a number of capacity-building trainings on dent, Government and civil society actors, cou- investigating and prosecuting conflict-related pled with the topic-focused working groups, has sexual violence for members of the judiciary,

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 33 prosecution and Kosovo Police organized by UN kova has enlisted the assistance of a women’s Women and EULEX. The Action Plan was formal- business association to advise on quality control ly adopted in November 2015 by the Ministry of and small business management techniques. Justice, which will continue its implementation. USAID is piloting a project in Kosovo to understand the full range of difficulties women face in accessing land and property with a view to b. Economic empowerment activities addressing these problems at the system level. Despite these initiatives, current small scale in- The civil society organizations providing psy- come-generation activities for survivors of con- cho-social and other services to survivors have flict-related sexual violence do not offer regular begun a variety of income-generating activities sources of living-wage incomes for survivors. with small groups of survivors. Medica Kosova has been assisting women affected by the con- Through the National Council, President Jahjaga flict, including survivors of conflict-related sexu- assisted in improving income generation oppor- al violence, with small-scale income generation tunities by attracting donor funding to increase activities for several years. The majority of these the capacities of two existing projects, and pilot- activities are agricultural in nature, including ing a new initiative. Through the President, fund- honey-making, dairy-farming, cheese-making ing was provided to support to a cooperative and crop farming. Medica Kosova has assisted plan established by Medica Gjakova, and sup- the women to receive training and skill-building port to the textile project established by KRCT opportunities, and has facilitated the provision and the Centre for the Promotion of Women’s of required products and equipment such as Rights. Funding and Presidential support were pesticides, cows, bees, beehives, tractors, and also instrumental for the development of a new other equipment from municipal agricultural initiative, a project in cooperation with a private offices and donors. Some of the larger- equip entity to train a small group of survivors with a ment, such as tractors for carrying wood to sell, view to finding work placements for them. are utilized in accordance with a rotation plan, ensuring access and consequent income gener- The project in cooperation with the private en- ation possibilities to a large number of women. tity was innovative. It involved a three-month training programme for 20 survivors, four of In more recent years, Medica Gjakova has also whom have been subsequently employed by been assisting women survivors with agricultural the entity. Representatives of the organizations income generation activities; KRCT and the Cen- and institutions involved in the planning and tre for the Promotion of Women’s Rights have facilitation of the project have provided mixed established a small textile workshop in which reviews. As many of the survivors did not live survivors have been producing small amounts near the training site, some were often late and ready-to-wear clothes, such as skirts and dress- at times unable to attend. Consequently, only es. The workshop also has the capacity to make approximately 13 of the 20 participants fin- garments and other products to order. ished the training. Additionally, while there was no obligation of the private entity to recruit all These income generation activities have not participants who finished the training, just four been without difficulties. Access to quality- in were able to be employed following the course. puts, quality control, markets to sell products, The training was job specific, and it is unknown and land and property to undertake activities how many of the skills developed in the course remain challenging. The service providers have of the training are transferable to other roles. sought to address these challenges in innova- Nonetheless, the project is reported to have had tive ways. For example, Medica Kosova has an a positive impact on all the participants who de- agronomist on staff to assist with agricultural scribed feelings of “normalization” from having planning and quality control, and Medica Gja- somewhere to be and something to do during

34 The Conflict Did Not Bring Us Flowers work hours. The consistent employment of the Presidency negotiated an agreement with the four remaining at the entity is reported to be Ministry of Health to amend the regulation im- life-changing. Integration into an existing entity plementing the law on health insurance, so as with large workforce has assisted survivor rein- to include survivors of conflict-related sexual tegration. It has resulted in significant improve- violence, and release them from the requisite ments in their economic situation and conse- co-payments. The practicalities of this arrange- quently on their social status and well-being. ment are currently being worked through by the Ministry of Health and Office of the President. It is important that the methods established to c. Access to health initiatives implement this arrangement do not lead to unnecessary identification of survivors. The civil society organizations have for a number of years provided psychological and social support to survivors of conflict-related sexual d. Awareness raising activities violence that have sought their services. Both KRCT and Medica Gjakova have doctors on staff Several community leaders such as mayors, to provide general practice diagnostic and re- members of parliament in their individual ca- ferral services. Additionally, Medica Gjakova is pacities, ministers, celebrities and community able to provide a limited range of health (largely activists have voiced their support for survivors gynecological) screening services to survivors of of conflict-related sexual violence. Some promi- sexual violence. KRCT has a memorandum of nent voices have strived to address the stigma- understanding with the Ministry of Health to be tization of victims of sexual violence through able to provide medications that are on the es- funding and support for campaigns utilizing sential list of prescriptions to survivors, though creative art forms such as the song “Silence of often these are unavailable. a Song”,101 movie “Three Windows and a Hang- ing”102 as well as theatre and street performanc- The health needs of many survivors are vast, es.103 and access to medical treatment and medication remains difficult for most. President Jahjaga was eager to address the most pressing health 101 By Eliza Hoxha, the song “Heshtja e Kangës” (lit: needs of survivors and seek long-term solutions Silence of a song), its video and exhibition in Pr- to the impediments survivors face in accessing ishtinë/Priština were supported by the (then) Minister of EU Integration, Vlora Çitaku. The quality health care. A few small scale initiatives song is accessible at: https://www.youtube.com/ aimed at helping specific survivors were facili- watch?v=Kv7Qhid8PhE; and further information tated by the National Council over 2014 and available at: Kosovalive. Eliza Hoxha theu “Hes- htjen e Kenges” (lit: Eliza Hoxha broke “Silence of a 2015. With the support of the National Council, Song”),14 May 2014, Available from http://www. Medica Gjakova has also been able to secure an kosovalive360.com/eliza-hoxha-theu-hesht- agreement with the Turkish aid agency TÍKA to jen-e-kanges.html. 102 Directed by Isa Qosja (2015) Three Windows and provide some medical supplies and women’s a Hanging [Motion Picture] Kosovo. Information hygiene products. Critically, TÍKA and the Turk- available from http://www.arpafilmfestival.com/ feature-film-three-windows-and-a-hanging-2015- ish Embassy in Prishtinë/ Priština, through Turk- arpa-film-festival-selection/; Alissa Simon, Film Re- ish medical facilities in Kosovo, will also produce view: Three Windows and a Hanging”, 9 October a fixed number of test results (such a pap tests 2014. Available from http://variety.com/2014/film/ festivals/film-review-three-windows-and-a-hang- and blood tests) which dramatically increases ing-1201315280/. the number of women to whom Medica Gjakova 103 Such as the theatre play “The Valley of Her Suf- can provide testing services. ferings” by theatre group Artpolis, further information available from http://kvinnatillkvinna.se/ en/2011/07/04/theatre-tour-on-womens-experi- Looking for a long-term solution to the prob- ences-of-war/ and the performance “Examination” lem of access to health care, creative solutions by street performance group Haveit, further information available from http://www.womensnet- were investigated by the National Council. The work.org/?FaqeID=1&n=65.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 35 Since the establishment of the National Coun- individual capacities, ministers, ambassadors, cil, awareness-raising activities have increased prominent activists and celebrities expressed and possibly reached wider audiences due to their support for survivors. The dresses were the collective reach of Council members and the then hung on clotheslines in Prishtinë/Priština prominence of the President of Kosovo. Aware- Football Stadium. The installation aimed at both ness-raising activities undertaken under the “airing the dirty laundry” and bringing women’s auspices of the National Council include: com- dresses to a typically male-dominated arena as munity theatre, panel discussions, film screen- a means to bring attention to the plight of sur- ings, public debates, and an art installation. vivors and bring the issue out of the home and into the public arena. The art installation “Thinking of You”, took place in June 2015, under the patronage of President Equally significant have been the visits of, and Jahjaga. The event gained local, regional and meetings with, the former President in her ca- worldwide attention and was covered by all ma- pacity of Head of State. President Jahjaga has jor world media.104 Kosovo-born artist Alketa strived to be available to survivors, holding Xhafa-Mripa organized the donation and subse- meetings with groups semi-regularly and at quent installation of thousands of dresses and times visiting survivors in their local communi- skirts as a means to increase awareness and ties. This appears to have had an impact on the provide support to the survivors of conflict-re- status of many survivors within their families lated sexual violence. Thousands in Kosovo and and local communities. Family members report- abroad responded to the President’s call to do- edly have proudly announced their loved one nate dresses as a sign of solidarity with survi- is meeting with the President and is therefore vors. During the dress collection period, com- not home. The visits to localities outside Prisht- munity members and community leaders such inë/Priština have reportedly also served to raise as a prominent member of the Jashari fami- awareness of the needs of conflict-related sex- ly,105 mayors, members of parliament in their ual violence survivors in the community, paving

104 See for example: Cristina Marí, “Thinking of You: A the way for dialogue in the community and an Collective Healing Among Skirts”, Kosovo two point increased social status for survivors. zero, 11 June 2015. Available from http://www. kosovotwopointzero.com/en/article/1689/thinking-of-you-a-collective-healing-among-skirts; Kate B. Survivor Perspectives on Booth, “5000 dresses transform soccer stadium in Kosovo into a venue for addressing wartime Reparations rape”, The New York Times, 12 June 2015. Available from http://nytlive.nytimes.com/womeninthe- Consultations with the survivors took place world/2015/06/12/5000-dresses-transform-soccer-stadium-in-kosovo-to-venue-for-address- from October 2015 to January 2016. It was a ing-wartime-rape/; and Natalia Zaba, “How a Dress period categorized by simultaneous optimism, Display Broke Wartime Rape Taboos”, Balkan Insight, 6 June 2016. Available from: http://www. uncertainty, and disgruntlement. For the most balkaninsight.com/en/article/how-a-dress-display- part, survivors appeared relieved at the ac- broke-wartime-rape-taboos-06-06-2016. knowledgement of sexual violence having been 105 The producer and artist of the “Thinking of You” campaign met with Rifat Jashari, brother of Koso- perpetrated during the conflict, and increased vo’s most prominent war hero (often referred to as awareness of their plights, however feelings of father of the KLA). Mr. Jashari commented “finally disappointment and anger were also expressed the time has come to support our sisters, mothers and daughters and to tell them that it was not their at the pace of efforts to provide material ben- fault.”: Adem Ferizaj, “Wartime rape is no longer efits to survivors and the perceived lack of po- kept under wraps in Kosovo”, Open Democracy, 1 litical acknowledgment in Parliament. The sur- July 2015. Available from https://www.opendemocracy.net/5050/adem-ferizaj/wartime-rape-is-no- vivors were engaged in discussion of a number longer-kept-under-wraps-in-kosovo; and Cristina of topics. Their perspectives and voices on these Marí, “Thinking of You: A Collective Healing Among Skirts”, Kosovo two point zero, 11 June 2015. Avail- topics are outlined below. able from http://www.kosovotwopointzero.com/ en/article/1689/thinking-of-you-a-collective-healing-among-skirts.

36 The Conflict Did Not Bring Us Flowers 1. Heterogeneity of Voices and Survivor riences. Barriers, such as a lack of access to Agency decision-making arenas, and a lack of creative means through which participation could be Survivors of conflict-related sexual violence in achieved without leading to stigma, persist, as Kosovo – as would be expected in many plac- do ostracism and fear of violence. es – do not share a collective story, nor do they have a collective voice. Many of the initiatives • “Women here are exhausted by their past to date have been based on the voices of the and speaking about their past. They shouldn’t more self-assured and vocal survivors and ser- only deal with past, but the future also – so it vice providers. Among service providers there is great, workshops [consultations] like this.” is a vague form of abstract collectivity (largely formed through the National Council), howev- • “Always, organizations spoke on our behalf. er, therapists and other professionals engaged We could never take courage like the veter- with survivors do not share a collective voice ans of war and speak publicly and ask for or equal access (geographical and political) to our rights from other institutions. There were inform central decision-making. The voices in many testimonies. Many documentaries. But this section are those of the 70 that participated it was always that the survivors are ‘back- in consultations.106 It is important to note that stage’. I could never appear as publicly as a survivors associated with service providers are veteran. We never had the courage.” consequently those that have self-identified as victims/survivors of conflict-related sexual -vio A small number of survivors have become lead- lence and have sought assistance. ers in their own communities. These women described how being a leader has helped them- During the consultations, survivors expressed selves and others. feelings of gratitude for the support from several civil society actors, including but not limited to • “[T]he idea came to me to be a leader and the civil society organizations providing services help every woman in this category. First, we such as medical, psycho-social and economic need to get courage and never look back. Not opportunities. However, distrust between civil be hindered by the past, regardless of your organizations appears to have flowed outside of circumstances. If you look forward, and want the organizational borders with a few survivors to help others from the bottom of your heart, repeating statements of discontent aimed at or- you can overcome.” ganizations to which they are not affiliated. -Un fortunately, this has served to harness distrust Survivors request inclusion in the processes amongst survivors rather than to assist them to that affect them. They need their security and collectivize. Nonetheless, at the time of writing privacy protected while doing so. Unfortunately, this report, renewed organic efforts from survi- on a number of occasions, well-meaning advo- vors to connect with survivors associated with cates and media representatives have failed to different organizations were being made. It is protect survivors’ identities, leading to discovery hoped that civil society organizations may be and damage of individual survivors. able to better facilitate interaction between survivors in the future. • “If we don’t advocate for our rights, who will?”

Participants in the consultations expressed • “The thing is, we have no trust in civil society/ some frustration that their involvement to local institutions … We want to have a repre- date in processes that directly affect them has sentative of ourselves in the Commission [to been limited to the telling of their past expe- be established to verify survivors]. All other categories have this. Why not us?” 106 See section II. B. Methodology.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 37 • “I want to appoint a woman who will be a Many survivors, particularly those who have leader of sexual violence survivors. Only a been involved in advocacy initiatives for several woman can do this.” years, feel disappointed with the lack of support and acknowledgement from elected officials, They would like support to develop their own particularly in Parliament. During the consul- networks, and to develop their own voices. tations, several vocal survivors vehemently ex- Many have specifically requested facilitation of pressed their dissatisfaction with the comments more meetings among themselves. of parliamentarians about conflict-related sexual violence survivors made during the debate on • “It [an association of survivors of conflict-re- the amendment to Law no. 04/L-054.107 lated sexual violence] is needed. We would be much stronger and much more secure. The • “The worst one is political recognition. The more associations we have, the better we can second is the position of women. Gender be. The lack of continuation of progress is equality. Even though they say we are equal, due to the lack of money and not due to the we do not feel it. Third, they look at us like lack of will [of the survivors].” animals. We are stronger than the others. The President alone supports us. Community • “There is always very good cooperation be- attitudes are a big problem.” tween women. We do not want to know about the disputes among organizations. We • “We do not have the support of the Parlia- should think on our own.” ment and its members. We would like to see parliamentary support for us.” 2. Official Acknowledgments • “We want acknowledgment from the Govern- The acknowledgement, efforts and attention of ment as well [as Parliament], our State does the President Jahjaga have been well received not recognize us; the Government should and appreciated by survivors. Many survivors apologize as well”. individually and collectively expressed positive views to the Consultant of the efforts and at- • “I would feel relieved, almost as if the crime tention of President Jahjaga. Comments such as had not happened if our Government would “From the government, only the President has been recognize what had happened. This is what interested” were common. Some feel that the worries me the most, the fact that they do not fact that the President was a woman made all recognize us even as human beings.” the difference, that as a woman she was able to understand the extent of their suffering. State- ments such as “She is a woman, she understands” and “A woman understands a woman differently, 107 Some of the disgruntlement at Parliamentari- ans includes but is not limited to, the manner in men have made fun of us” were common from which discussion about the inclusion in basic Law survivors. no. 04/L-54 took place. Some of the unfortunate comments during those discussions included ex- pressions of doubt about the claims of survivors of The end of President Jahjaga’s term caused conflict-related sexual violence, and suggestions some concern among survivors who worry that, that survivors be examined by a medical practi- tioner to verify whether they have suffered sexual without the strong support of the President, abuse. See: Assembly of Republic of Kosovo, “Tran- the reparative processes in motion will stall. In skript i mbledhjes plenare të Kuvendit të Repub- the words of one survivor: “We are lucky to have likës së Kosovës, e mbajtur më 14, 15 dhe 19 mars 2013 (Lit. Transcript of the plenary meeting of the the woman president who established the council. Assembly of the Republic of Kosovo, held on 14, 15 Learning that her mandate is only until April, our and 19 March 2013)”, March 2013. Available from: http://www.assembly-kosova.org/common/docs/ blood stopped flowing.” proc/trans_s_2013_03_14_10_4805_al.pdf

38 The Conflict Did Not Bring Us Flowers The most pressing request of survivors (af- • “We are all frustrated because it is taking a ter that for the provision of financial benefits very long time to establish the Commission.” through the establishment of the Commission) is an official acknowledgement and apology At the time of finalizing this report, the Gov- from Parliamentarians and the Government. It ernment had not yet specified the amount of is the most desired form of symbolic reparation. the pension to be received by survivors in ac- The acknowledgement needs to be unequiv- cordance with the law. This continues to cause ocal, to acknowledge survivors of all groups, discontent and anxiety amongst survivors and and to clearly reinforce the fact that they are service providers who may see the perceived victims of the conflict. Survivors were clear that delays of the Government to finalize the bene- not only Albanian women were sexually abused, fits promised in the law as a means to derail the and not only Serbians were perpetrators: “[we process. While survivors have not questioned were] also raped by Albanians, not only Serbs! the prioritization of material benefits for veter- Roma too. None of us knew who was who.”108 Sur- ans and their families, some have noted that as- vivors believe that such an acknowledgement sistance to survivors has been much slower and would serve to bolster their right to adequate that survivors are unable to employ the same reparation, and assist to change social attitudes tactics as veterans to garner attention for their towards them. needs.

3. The Commission and Compensation • “For veterans it was quicker.”

During the course of focus group discussions, • “We cannot go on the streets and protest like Regulation no. 22/2015 was in draft form and they [veterans] did. People could recognize us survivors were eager to see it formally adopted. and our voices.” Much of the discussion in the early stages of consultation was focused on political willingness to • “I want my compensation. My rights. I don’t pass the regulation, establish the Government want to be without electricity anymore. I have Commission on Recognition and Verification of nothing against the veterans – they deserve the Status of Sexual Violence Victims During the what they get. But this category, is the most Kosovo Liberation War, and to provide benefits hurt in soul and in blood. And if the Minister as required under the law. The regulation has ever thought about this category… Where do since been passed into law, entering into force our hopes remain? Where can we find sup- in February 2016. As verification by the Commis- port? We need compensation as soon as pos- sion will provide access to a range of material sible.” benefits, survivors who participated in the consultations were also acutely concerned that only • “Nobody cares for civilian victims. [They care] “real victims” be recognized. The lack of clarifi- only if you were in the KLA.” cation as to the amount to be received (to be determined by a decision of the Government)109 Participants in the focus group discussions appears to exacerbate this concern as many fear also expressed concern about the processes the amount may be dependent on the number of the Commission. They fear that applying to of survivors who apply for verification. the Commission, or attempting to receive resulting entitlements, could lead to their public • “They told us last February [2015] that we identification. The primary concern of survivors would get money. But it never happened.” appears to be whether those associated in the

108 Some survivors do know who sexually abused work of the Commission will honour the obli- them, but this was not a topic of discussion during gation of confidentiality. Survivors noted that the consultations. as Kosovo is a small country, the chances of a 109 Law no. 04/L-172, Annex 1; Regulation no. 22/2015, art. 34. person knowing another are quite high and it

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 39 is common to share information that in other Veterans are employed, [they are] taxi driv- settings may be considered confidential. For the ers, tourist agents. They are quite empow- safety of applicants and the credibility of the ered. Also the benefits of the veterans are Commission, it is important that persons as- transmitted as inheritance. Not for us.” sociated with the Commission understand the requirements of confidentiality and are held ac- • “We cannot change the attitudes of people. countable for any breaches of it (as provided for For 16 years if I called myself a veteran then in the law). I could be proud – whereas a sexual violence survivor is not empowered and lives in si- • “We know that the Commission cannot func- lence. Even money will not give us happiness. tion without having the information and But it will ease the burden. The wounds can- data, but this process is very open. Our fami- not be healed.” lies might end up knowing things.” 4. Access to Information • “I think people might know who the victims are. Even though I do not talk, and you do not In general, survivors find it difficult to access- in talk, others might talk.” formation about the legal framework to provide official verification of being a survivor- ofcon Some participants in the focus group discus- flict-related sexual violence and the processes sions also expressed concern about how they being undertaken to establish the Commission will be able to explain to their families where and benefits. They are not included in the deci- the money they will receive as compensation sion-making processes and are limited to receiv- has come from, or how they can hide this from ing relevant information second, or third-hand. their families. Many fear that it may lead to their Misinformation in the media about the pro- identification, further stigmatization, and po- cesses further compounds this challenge and tential violence. During monitoring of the im- heightens frustrations. For example, several plementation of Law no. 04/L-54, the Centre for media reports have cited the monthly pension Research, Documentation and Publication re- to be provided to survivors as having been set ceived testimonies of domestic violence occur- when it has not.111 In addition to misinforma- ring over pensions and benefits to war survivors tion, some survivors have at times misinterpret- and their families.110 It is critical that community ed information, for example, “In 2015, there was awareness campaigns are utilized to breakdown news that there was 24 million Euros for victims the stigma associated with conflict-related sex- of sexual violence” and “The President promised ual violence before, during and after the Com- us in 2011 that the law was going to pass but it mission is established and verifies survivors. It is almost 2017.” The misinformation and misin- is essential that information regarding punish- terpretation of information is a main source of ment for domestic violence is simultaneously discontent with the government. disseminated, and any perpetrators are held accountable.

• “We are concerned for many reasons. Veter- 111 See for example: Amra Zejnell, “How Long Can ans of the war have benefitted for years. Not You Keep a Secret? For Kosovo’s Wartime Rape Victims, the Answer is: Maybe Forever” Radio Free us. Even if it is only €10 that the veterans get, Europe, 29 May 2016, which reports that the law it makes a difference. Even if a sexual- vio foresees a monthly payment of USD 400. Avail- lence survivor gets €500 she is embarrassed. able from http://www.rferl.org/content/kosovo- wartime-rape-victims-kept-secret/25403115.html; 110 Centre for Research, Documentation and Publica- and Adem Ferizaj, “Wartime rape is no longer kept tion, Report on Law: Monitoring of Law no. 04/L-054 under wraps in Kosovo” 50:50 Inclusive Democra- On the Status and the Rights of the Martyrs, Invalids, cy, 1 July 2015, which reports there is a monthly Veterans, Members of the Kosovo Liberation Army, Ci- payment of EUR 350. Available from https://www. vilian Victims of War and their Families (March 2014), opendemocracy.net/5050/adem-ferizaj/wartime- Albanian, p. 43; English p. 89; and Serbian p .136. rape-is-no-longer-kept-under-wraps-in-kosovo.

40 The Conflict Did Not Bring Us Flowers • “It is going to be a year now that we have Access to medical care for serious conditions XXX [organization] visiting us with the prom- and prevention measures is problematic due ise that what belongs to veterans, will also to a lack of specialist facilities and the location belong to us, even an ID card of a victim. of such facilities. Survivors with serious illness- In March [2015], when they came, they said es need access to bigger hospitals in the capital they would bring it to parliament and to the or abroad. Screening services for preventable world… But where are we now? The politi- diseases are also limited. For example, though cians do not meet promises.” in theory women have access to screenings for breast cancer, in reality, there are too few Access to information requires providing clear mammogram facilities. There is just one mo- channels of communication that survivors can bile mammogram unit in Kosovo that is often access, and ideally engage in two-way com- unable to meet the demands for screenings in munication to avoid misinterpretation. Provid- each location. When operational, it is unable to ing information sporadically through informal service the numbers seeking screening in rural channels, in one direction only, increases the communities. Although almost all survivors can likelihood of misinformation and misinterpreta- physically access a general hospital, their lack tion of information. of financial resources effectively prevents them from obtaining medical treatment, or from fi- Survivors would also like to see increased ef- nancing the medications required for the treat- forts to disseminate accurate information about ment. A system for access to prescription med- sexual violence during the conflict. In the words ication that is on a list of “essential medication” of one survivor “people should know what we is in operation in Kosovo. In theory, if a person is have experienced and not laugh at us because we prescribed medication is on this list, it should be are people too, we are women.” In addition to us- accessible free of charge; however, in practice ing accurate messaging that can shift the shame the medication is often unavailable and many and stigma from survivors to perpetrators, most are forced to buy it through a private chemist. survivors would like to see accurate historical A reimbursement system for medications that documentation of their experiences that gives are unavailable is also in place, though many equal recognition of the violation of their rights do not know of its existence, or have the ability alongside the violation of the rights of victims to meet its requirements (a doctor’s letter and of other types of violence. The right to remedy form from the municipal office to be taken to includes the right of access to relevant infor- the Ministry of Health). mation concerning violations and reparation mechanisms. It is important that survivors are • “We want survivors to have access to the afforded direct access to information about the medicines on the essential list of medication. verification process and entitlements, and that In the health care law, pensioners with chron- information about the violations is accurately ic illnesses and gastrointestinal diseases are publicized. mentioned. We want to be included also.”

5. Access to Health Care • “We want medical check-ups. We know the situation in health care provided by the State. A significant concern for most survivors is the Very poor conditions! Nothing is designed for practical access to medical and psychologi- us. But when no treatment is provided by cal care. All participants highly appreciate the State, we want to be able to attend the pri- counselling services they receive from civil so- vate hospitals with a discount in prices of ciety organizations: “Local organizations have treatments. Or maybe a certain number of saved us.” However, they appreciate that these private hospitals that provide this option.” service providers also have their limitations.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 41 • “We want to provide survivors with same • “I always wanted education. I have done pri- insurance/treatment as to the veterans. We mary education. Now, at this age, I don’t think want to be treated as a priority.” I can go and travel to work due to health reasons. If I could dream, I would be a doctor. • “I have suffered great injuries – I have been Maybe it is not possible anymore. Maybe if I four times per year in hospital. The only thing could work in a factory, I would do that. But I enjoy is the retirement pension due to inval- my city is a bit far for this… I would like part- id status. In order to get hospital treatment, time work because of health reasons.” I need at least €150 – and pension is €70! I had to discontinue my treatment. And not to • “I’d love to learn to sew with a machine – tai- mention paying a visit to the psychologist! We loring.” want our status and entitlements to be defined.” • “I sew and have some small income but I’d love to sell abroad. I would love links to do 6. Access to Education, Training and Employ- that.” ment Opportunities • “The biggest satisfaction for me would be to Almost all survivors who participated in con- do more for women and do more projects sultations have a desire to work. Most have the – I want to do more for women. There is so physical ability to do so. The work aspirations much arable land that could be worked. We of survivors are varied, and are largely depen- need support.” dent on their place of residence (rural/urban). They include, farming, tailoring, hairdressing, • “I could do anything – I would do anything! I beekeeping, handicrafts, elderly care, small graduated in xxx, but what I wanted is gone. I business (shop), herb cultivation, and work in or don’t know if my husband would allow me to manage a kindergarten. Inability to access edu- work.” cation, training and employment opportunities has negative consequences for survivors and A significant number of the survivors reported their families. It also has the potential to cross having attended numerous trainings. A very generations, limiting the opportunities and sur- small number indicated that the skills learned vival of future generations. during the trainings led to employment, and the income generation from the employment • “I am not educated. Only 8 years primary has changed their lives. Many others noted that school but I have strong passions.” they have not been able to utilize the skills for income-generation since receiving training. One • “I have my own cows – I sell dairy products, survivor reported having attended 14 trainings but maybe I could be a cleaning lady.” for cheese making, but there is no market for it. Survivors engaged in the production of handi- • “I would like to make sweets and have my crafts and sewing clothes consistently reiterat- own small business.” ed their hopes to be connected with markets for • “I have been to medical high school – I want- the sale of their goods. ed to be a nurse. But I had to take care of my kids without a husband! I still would love to • “I am not on social assistance, even though work as a nurse.” I am a single mother of one daughter… My husband died…. I never received my hus- • “My dream was to work with kids in a kinder- band’s assets. I stayed at my father’s house. garten. But I couldn’t educate myself. Now I Luckily I have xx for support. I was lucky – I would have a business or do anything if the could find myself in a better position with my government could support me! I would still sewing machine.” love to have a kindergarten.”

42 The Conflict Did Not Bring Us Flowers Some survivors are engaged individually or col- • “I would like to take loans with a lower rate of lectively in small business activities such as hon- interest. I understand that for grants it works ey-making, agricultural work and tailoring/sew- like that, but you only get grants in Kosovo ing. Each of the organizations providing services when you know people.” to survivors have in some way worked with small groups of survivors to develop income-gener- • “I took a 500 Euro loan and had to pay 750 ating activities. These processes are at various Euros.” stages of progress. Recognizing that economic empowerment strategies fall outside its main 7. Access to Justice and Legal Services line of business, Medica Gjakova has engaged a local women’s business association to assist Approximately 75% of the survivors who par- a group of survivors to establish and manage a ticipated in the focus groups expressed hopes cooperative. Although the project has only just to see the prosecution of offenders of sexual begun, the partnership with the women’s busi- violence. Community attitudes towards sexual ness association, which has a long-standing rep- violence survivors and a lack of family support utation for supporting women entrepreneurs, could make the provision of testimony difficult will hopefully ensure sustainability of the coop- for many. Some indicated that, should com- erative. munity and family attitudes change, they may consider giving evidence in court. The reality for Access to funds to establish small businesses many is that they do not know who the perpe- or expand existing ones is very challenging for trator was and therefore feel there is little utility survivors. Without property that can be used in engaging with investigation and prosecution as collateral for a loan, large sums are unavail- mechanisms. Some of the survivors who partic- able, and unsecured smaller sums reportedly ipated in the focus groups had provided state- require high interest payments. Women’s prop- ments to EULEX, but to their knowledge nothing erty ownership in general is very low in Kosovo. further was done with their cases. Just 3.8% of women in Kosovo inherit immovable property from their parents; and just 2% of • “We have had great cooperation with EULEX – women have a collateral bank loan where the we provided our testimonies – but not much collateral is immovable property.112 Access to has happened.” small grants or micro-finance opportunities is also challenging, due in most part to a lack of • “The best thing the government could do information about available programs. Survi- would be to have a criminal indictment.” vors seem skeptical that grant schemes and micro-finance opportunities could be obtainable. Access to justice for resolution of other matters Several suggested that access to such financial is also a pressing concern of survivors. Access- opportunities is on a who-knows-whom basis, ing legal services that could provide support for but these opinions may be more of an indica- disputes relating to property, child support and tor of perceived corruption rather than actual family grievances is difficult largely due to the corruption as a result of a lack of information lack of financial resources. In bigger cities, legal and transparency about the application and se- aid appears to be available, however, from rural lection processes for grants and micro-finance areas it is difficult to physically access. Due to opportunities. these needs, both Medica Gjakova and Medica 112 USAID PRP National Baseline Survey for Property Kosova have sought to connect survivors with Rights in Kosovo, June 2015. Both GIZ and USAID these needs to legal practitioners who can assist have focused efforts on increasing women’s ac- them. cess to property in Kosovo. One of the four pillars of the current USAID Property Rights Program is to encourage and facilitate women’s access to land and ownership of land and property.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 43 8. Survivor-Heads of Households • “In our group, we have 2 women whose husbands were killed. We cannot tell them that I Survivors of conflict-related sexual violence who am happy to have a husband.” are also single mothers, widows or married to persons with disabilities face particular hard- • “Most of us have husbands with problems ships, including a lack of financial means to sup- and cannot work, but even still it is far worse port themselves and their families and lack of to be without a husband.” emotional support to deal with life’s many challenges. • “I am head of a household; I have raised my children without my husband. The oldest has • “My son suffers from [a significant illness]. a job, now my burden is less so why not have five years ago they stopped his benefits. I someone else benefit more than me?” receive nothing. Five years ago, my husband died. From the village, I receive charity some- • “I agree that those who are in more need times. I would love to have a cow.” than the rest receive more support.”

• “I am the breadwinner. My husband was Approximately 86% of the deaths and disap- killed. Other family members died. I am ill. I pearances in Kosovo during the conflict were have [illness], I have anxiety. I have no mon- men.113 This would suggest that women consti- ey. And I don’t have money to do check-ups.” tute the majority of family members left behind. Given the proximity of those left behind to the • “Without husbands, what can we do further deaths and disappearances, and the reports of with just a small amount of [social welfare] women and men being separated during at- money?” tacks, it is possible there is a sizeable overlap between persons who suffered sexual violence • “The women whose husbands are veterans, during the conflict and those who were left be- receive some benefits. But us… nothing!” hind. The social and economic discrimination that survivors of sexual violence may face could • “My husband is disabled and he is ill. So therefore be further aggravated by the loss of a he cannot help me. I help him. My son is xx family member.114 years, my daughter xx years.” 9. Survivors with Children Most of the focus group participants were of the view that survivors who are also heads of Survivors with children reported grave concern households should receiving additional support for the futures of their children. None have been due to the additional hardship of their situation. able to access medical or psychological services for their children. One survivor indicated that a • “[Receiving additional benefits] is fair. We are young male family member may have been sex- fighting to help them.” ually assaulted and needs some psychological care but there is nowhere to take him. Access

• “Once the husbands are a little bit ill we are 113 11,674 men and 1,874 women (civilians and armed lost without them. Imagine how those with- forces) are reported dead or disappeared during out husbands feel!” the conflict: The Humanitarian Law Centre, The Kosovo Memory Book 1998 -2000, Available from http://www.kosovomemorybook.org/?page_ • “We are not as badly affected as those wom- id=48&lang=de. en without husbands. They are really in a 114 The United Nations Working Group on Enforced Disappearance, General Comment on Women (A/ very bad position.” HRC/WGEID/98/2, 14 February 2013) para. 12 highlights the particular challenges of women left behind as a result of enforced disappearances.

44 The Conflict Did Not Bring Us Flowers to education, especially upper secondary and • “My daughter has studied xx for four years tertiary education, is difficult if not impossible but I couldn’t send her to Prishtinë/Priština for most. Approximately half of the participants’ to continue.” children have been unable to finish education due to financial constraints. As a consequence, Sending their children to school also involves these children face discrimination and limited other costs that survivors are unable to meet. life opportunities. The consequence of these Providing clothing and resources for their chil- violations is having intergenerational effects. dren can be challenging and a lack of resources Many survivors expressed feelings of guilt about can lead to discrimination against their children. their inability to provide better lives for their children. • “[My children] see others at school with more [clothing etc]. They are laughed at, discrimi- • “If I cannot help my kids to go through school nated against.” and university, what is the purpose of life? I am very careful when it comes to education. • “[I have] problems at home. Nothing to wear, I cannot give the gift of a good education to no money for eating food – can’t give them my daughter. I only hope that she will have a one Euro to get food at lunch. So they don’t better fate than me.” want to go anymore!”

• “We all have children. We all needed govern- • “In xx [location], they asked for money from ment support. We are very glad that organi- us to buy school curtains and to paint the zations assist us. All organizations that gath- walls.” er us – we are happy. But what we really need is government support. We need to provide Survivors also lamented the lack of employment food to our children daily! I have a daughter opportunities for their children. Kosovars in with top grades, but I can’t afford to send her general have strong family bonds, and the fami- to better and further education. I can’t invest ly unit is the primary source of security. Without in her. With no salary, nothing in my parlour employment opportunities for their children, – how can I survive?” the future security of their families is uncertain. Several participants noted that their children • “They [children] need access to health care.” wanted to go abroad to be free from their situations. Participants explained that education for children is free, however access to high schools • “It has been really difficult for older children (grade ten onwards) is difficult. Schools offering to get a job.” grade ten and beyond are further afield requir- ing transport to access which incurs additional • “My eldest daughter is looking for a job – we costs. have no money for her to continue studies.” • “I have xx children. If you have no salary, how can you go further? We have no potential to • “My son wants to go abroad because of bad educate them beyond ninth grade.” life conditions.”

• “Year 10 is at least three kilometres from my Participants also expressed concern for the home. My children would need to go by bus. children of survivors who have since died. They For some even below year nine is far away would like to see these children have access to from the homes.” health services, education and employment opportunities. • “My daughter graduated from a xx secondary school but due to lack of means, she could • “We also have those who have passed away not continue further.” since their violent experiences. We would like for their successors to have the benefits.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 45 For their children. The underage kids do not • “For me it was easier as my husband is edu- know. We do not dare to tell them! Just the cated. But in some areas, it is more difficult to mature children.” raise these subjects. They don’t want to hear about other peoples’ stories, let alone their 10. Fear of Violence and/or Ostracism own wives! If they would know they would not allow them to work. They might have such a Fear of violence and ostracism in the home and/ mentality that only because of this issue, they or the community is very real for many survi- would lock them in the house without any vors. Several fear removal from their homes. It is support. But you must understand this cate- not common for women to be property owners, gory of women.” and they have little recourse to justice if forced out of their homes. Many reported being teased • “In my village we have xx houses. All women by community members, and in one case by a are married. Only X [number] of us are able police officer. The taunting of children of survi- to come here. No one else would be allowed vors has led to several dropping out of school or would dare! We were always laughed at, and being unable to engage with children of a but I have family support so I feel ok.” similar age-group. Survivors were also emphat- ic in their reports of victims of conflict-related Stigmatization, ostracism, and fear of violence sexual violence that have lost their lives through are both causes and effects of the inequality violence in the home and suicide. and discrimination survivors face. It is critical that awareness raising campaigns target these Survivors in one region are fearful of their hus- forms of inequality and discrimination. Training bands discovering they were sexually abused. of professionals and officials working with sur- Their husbands think that their poor health is vivors is also important to avoid further stigma- attributed to the stress of the conflict. The wom- tization. en fear that, if found out, they would lose their families and homes. 11. Awareness Campaigns

One participant described being fearful of mem- The topic of awareness-raising campaigns pro- bers of her community who know that she has duced mixed responses from the focus group suffered sexual abuse during the conflict. Her participants. Some participants think that gen- community told her that if she gives her testi- eral awareness-raising campaigns would be mony, they will kill her. “I want to be sent abroad. helpful. Many expressed concern that cam- I want to leave.” paigns could exacerbate the discrimination they face and therefore be dangerous if they led to Another participant described a family member the identification of survivors. who was sexually abused during the conflict telling another family member of her ordeal. The • “We don’t want awareness based on individu- listening family member has not spoken to the al stories, but if it is in general then it is okay. survivor since. For example, media broadcasting to make the citizens aware that this happened to us It is important to highlight that some survivors without our own will.” have the strong support of their husbands and do not fear violence in their homes. A small • “We need to educate them that for women number attribute their strength to engage in the conflict did not bring us flowers, but suf- lobbying and advocacy activities to the support fering. And that the same fate could have of their husbands. befallen their wives or mothers. It is very dif-

46 The Conflict Did Not Bring Us Flowers ficult because if you touch the honour of an • “Even those who have supported us are now Albanian woman and if a criminal sexually tired of us. No matter who you are in the end, abuses a woman, he directly affects the fam- you are a mother and you have family obli- ily’s honour. And so a man should not openly gations. My husband can get tired of these accept these things.” things!”

• “[Campaigns] are a bit of a problem because The general consensus among survivors on all our children are adults now… our chil- awareness-raising campaigns is that they should dren might have problems with their friends be involved in their design to avoid further stig- because they might say he/she is child of a matization. Enabling survivors to participate woman who…” in design processes requires consideration of their needs and concerns. It is essential that There were mixed responses as to how general appropriate measures to protect their security awareness-raising activities could assist (if at all) and privacy are taken, such as enabling anon- survivors in sharing their experience with their ymous participation, freedom from obligations husbands or other family members. Some were to be photographed, and freedom from other of the view that before they tell their husbands, requirements often associated with reporting it is important that awareness is raised more obligations of institutions and organizations. generally on the topic. Others felt that obtaining their family’s support first could assist with 12. Memorialization awareness raising of the community, but several noted that they feel unprepared to engage Memorialization for victims and survivors of their husbands or other family members on this conflict-related sexual violence is a topic that topic. has produced mixed results which are subject to change. In early discussions with survivors, • “There are some areas in Kosovo that the almost all survivors consulted (if not all) made husbands don’t want to know and some it very clear that they do not want any memo- women don’t dare to mention it.” rialization initiatives during their lifetime. Such reactions to the concept of a physical memorial • “If we have a public awareness campaign of sexual violence during the conflict is possibly – and the husbands don’t yet know but are linked to the fact that in Kosovo memorials are aware and supportive of victims in general, largely for deceased persons. once they realize it’s about their wives – then! Then they will disapprove. So campaigns Presently there is one physical memorial report- could be dangerous. If they tell husbands edly dedicated to survivors of conflict-related and they respond badly.” sexual violence in Kosovo, the Heroinat statue in Pejton, Prishtinë/ Priština.115 However, as the Survivors who enjoy the support of their hus- memorial does not have a fixed plaque explain- bands and family members in general not- ing its purposes, explanations of the statue vary, ed that if family members were involved with ranging from representing the contribution of awareness-raising campaigns it could help com- women during the war, the suffering of women munity members come to terms with what has during the war, survivors of conflict-related sex- happened. While some indicated that their hus- ual violence, and any combination of the above. bands would likely be willing to assist, others It is also unclear if it is intended to memorialize supposed that their husbands and other family women from all ethnic groups or only Albanian members would not. women.116

115 Heroinat is the plural form of “heroine” in Alba- nian. 116 At the inauguration of the of the memorial in June

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 47 The Heroinat memorial is 3D image of the side During the April 2016 validation workshop with profile of a woman’s face, made from 20,000 survivors, a small number of survivors indicat- medals. According the artist who conceptualized ed that they welcomed memorialization in the the memorial, the number of medals represents form of Heroinat or a similar physical memorial. an early estimate of conflict-related sexual vio- One survivor in favour of the concept of memo- lence victims in Kosovo.117 Subsequent research rialization lamented that “Heroinat” is not in a has shown this estimate to be baseless as meth- prominent position: “it is left in the dark, like sur- odology utilized to formulate the estimate was vivors”. Another stated “I would be proud if there incorrectly applied. The number of conflict-re- was a monument because what has happened is a lated sexual violence victims in Kosovo remains crime and no one’s fault. I would like to have joint unknown.118 memorial with men as well because it has happened to men too. We cannot be separated like Despite being well-intentioned, many survivors this.” are unhappy with the Heroinat statue. Many reported confusion over what the memorial is The change in attitudes of some survivors to- for: “Heroinat is too broad, you cannot know what wards memorialization and Heroinat is note- they mean.” Some survivors have found the rhet- worthy. Survivors appear not to have been oric around the memorial offensive, specifically consulted prior to the establishment of the when it implies sexual violence being a sacrifice Heroinat statue. Since being consulted about or contribution for the cause. Concerns were the concept of memorialization in general, it is also voiced about Heroinat representing only clear that many have begun to consider what Albanian women, thereby excluding victims of would be appropriate forms of memorialization other ethnic groups, and men and boys who for survivors of conflict-related sexual violence. also suffered conflict-related sexual violence. Survivors are eager and able to participate in Others consider the establishment of such a discussions of this topic. They request to be con- memorial to be premature, preferring material sulted on the construction of plaque to explain forms of reparations ahead of symbolic forms. Heroinat, and any future memorials or other 2015, Prime Minister Isa Mustafa referred to Her- forms of symbolic reparation. oinat memorializing women’s contribution during the war and “all the tragic experiences of Albanian women during terrors of this war, but also throughout our national history”.: Prime Minister Isa Mus- tafa, “Speech of the Prime Minister Isa Mustafa in the Inauguration of the Memorial” Pejton, Pris- tinë/ Priština, 12 June 2015. Available from http:// kryeministri-ks.net/?page=2,9,5030. 117 A photograph of the memorial and description by the artist can be found at: https://competition. adesignaward.com/design.php?ID=33265. 118 UN Women Kosovo has provided a memo to the National Council which outlines the research methodologies utilized to reach the various esti- mates of sexual violence victims in Kosovo (vari- ously ranging from 20,000 to 45,600). The research describes how each of the methodologies were applied incorrectly, and that there is no way of knowing a more accurate estimate at present. The only known number is that of self-identified survivors of sexual violence which have sought services from civil society organizations contemporane- ously or since the conflict, that being a total 767. Undoubtedly this figure alone provides an incom- plete picture as many survivors are unwilling to identify as such: UN Women Kosovo, unpublished document to the National Council, 16 March 2016.

48 The Conflict Did Not Bring Us Flowers IV. RECOMMENDATIONS FOR A COMPREHENSIVE REPARATION PROGRAMME FOR VICTIMS OF CONFLICT-RELATED SEXUAL VIOLENCE IN KOSOVO

A. To the Government of c. Establish set amounts for survivors of sexual violence pursuant to the harm suffered Kosovo and their needs. Consider an additional amount for survivors who are the head of 1. Implement the current legal framework households and those with children. For and ensure the Government Commission on example, provide a set amount each year Recognition and Verification of the Status of for school supplies per child (for books, Sexual Violence Victims During the Kosovo pens, pencils, uniforms). Liberation War can function effectively, efficiently and without discrimination d. Ensure that all persons associated with the work of the Commission and the Com- Specific recommendations: mission members receive appropriate training on human rights, gender-sensitive a. Commit to a realistic timeframe by which methods of dealing with victims, and con- the Commission will be established and fidentiality requirements. Ensure accountable to implement its mandate, and com- ability for breaches of confidentiality, how- municate the timeframe directly to survi- ever small they may be. vors.

e. Prioritize the provision of information b. Set aside a budgetary amount for the pen- about the benefits and eligibility for recog- sion scheme envisaged by Law no. 04/L- nition and verification by the Commission. 054 (as amended by Law no. 04/L-172) for Utilize the awareness raising campaign victims of conflict-related sexual violence. to simultaneously address stigmatization of survivors and prevent violence against them.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 49 2. Amend and supplement the current legal h. Provide access to education and training framework to guarantee the right to repara- programmes for survivors and their chil- tion for all survivors of conflict-related sexu- dren. Release the children of survivors al violence, and provide reparative measures from university administrative payments that can assist survivors to rebuild their lives (art. 6 (8) Law no. 04/L-054).

Specific recommendations: i. Extend the provision of priority in employment for children of survivors (art. 8 (1.2) a. Amend the date range for recognition of Law no. 04/L-054). survivors of sexual violence to encompass the periods immediately preceding and 3. Prioritize the acknowledgement of the vi- proceeding the conflict. The date range for olation and suffering of survivors, and rein- missing civilians (1 January 1998 to 31 De- force messages of membership and dignity cember 2000) is suggested. Specific recommendations: b. Adopt a definition of sexual violence that goes beyond rape, and that is in accor- a. Continue public acknowledgements. Con- dance with international law and the Guid- sider an acknowledgement of conflict-re- ance Note of the Secretary General. lated sexual violence in parliament and government. The acknowledgement needs c. Amend the title of the Commission in the to be unequivocal and inclusive; acknowl- Albanian and Serbian versions of the Law edge wrong-doing on all sides and survi- no. 04/L-172 (now in Law no. 04/L-054) to vors of all groups as victims of the conflict. “The Government Commission on Recog- Encourage community leaders to publical- nition and Verification of the Status of Sex- ly acknowledge their support for survivors ual Violence Victims During the War.” of conflict-related sexual violence. d. Amend Law no. 04/L-054 art 14 (2.6) (as in- b. Address survivor concerns regarding the serted by Law no. 04/L-172, art. 7) so that Heroinat Statue. Engage survivors on an the Albanian and Serbian versions provide appropriate explanation of the purpose of that all victims of sexual violence during the memorial. Place a sign on the statue the war are excluded from the degree of to avoid misinterpretation of the purpose invalidity. and recognition of the statue. e. Include survivors and their children in the 4. Ensure survivors of conflict-related sexu- category of “vulnerable groups” in the Law al violence are included in the consultation on Health Insurance, releasing them from and decision-making stages of all processes co-payments required under the law. that affect them f. Amend art. 6 (1.3) of Law no. 04/L-054 to Specific recommendations: include survivors of sexual violence and their children among the persons eligible a. Ensure the inclusion of survivors in design, for free health care in Kosovo. implementation, monitoring, and evaluation of all programmes and policies that g. Extend access to tariff free reduced con- affect them. Processes themselves should sumption of electricity units free for sur- seek to empower survivors through prior- vivors facing economic hardship (art. 6 (3) itizing their autonomy and participation in Law no. 04/L-054). decision-making processes, and adapt to their evolving capacities.

50 The Conflict Did Not Bring Us Flowers b. Ensure gender is mainstreamed, ensur- i. Prioritize women and girls only focus ing women’s access to and participation groups. in these processes – from their design to the implementation of recommendations. ii. Create methods of anonymous ac- Specific measures are often required to cess to the consultation process via ensure women’s full participation such as: means such as sound and written outreach and information programmes, submissions. quota provisions to ensure that women are represented in these processes at the g. Ensure IMWG DwPR decision-making pro- leadership levels, procedures for protect- cesses are gender-balanced. ing the security and dignity of victims and witnesses, measures to compensate for 5. Continue to educate communities about constraints and mobility including travel sexual violence and child care costs, assurance that processes take place in local languages, and, Specific recommendations: if necessary, the provision of identity documents to facilitate women’s participation. a. Include survivors of conflict-related sexual violence in the design process of edu- c. Keep victims and survivors at the center of cation campaigns aimed at raising aware- advocacy and awareness-raising efforts. ness about the facts of conflict-related Survivors are best positioned to comment sexual violence. on possible negative impacts of awareness campaigns and facilitate effective message b. Continue to educate communities about delivery. sexual violence and highlight the link between past abuses and ongoing violations. d. Facilitate access to information about violations and the reparation processes. c. Encourage community leaders to public- Insofar as possible, prioritize the direct ly condemn violence against women and channels of communication that enable girls, show support for survivors of con- survivors to ask questions and be heard in flict-related sexual violence and reinforce order to avoid misinformation and misin- messages of their membership and digni- terpretation. ty. e. Avoid excluding or marginalizing groups. 6. Facilitate the social and economic reinte- Efforts should be made to include ethnic gration of survivors Roma, Ashkali, Egyptian, and Serb survivors, as well as other ethnic minorities, Specific recommendations: and men and boys. a. Create a coordination and facilitation f. Ensure the national consultation process mechanism for survivor access to ini- (led by the Inter-Ministerial Working Group tiatives that do not directly target them for Dealing with the Past and Reconcilia- but from which they may benefit (e.g., tion- IMWG DwPR) for the design and im- economic development activities, grant plementation of a national transitional jus- schemes, education and employment op- tice strategy is inclusive, and that survivors portunities). This mechanism should: of conflict-related sexual violence have adequate avenues of engagement, including: i. Map (and maintain a current list of) existing initiatives and programs

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 51 which survivors may benefit from d. Ensure a method via which sexual violence (government and non-government), victims can anonymously obtain informa- and identify gaps. tion and referrals to services. Possibilities include providing such information via the ii. Encourage institutions and actors hotline to be established by the Commis- with relevant programs and initia- sion, or establishing a separate toll-free tives to tailor their programs to en- hotline providing information to a wider able access for survivors. group, including victims of sexual and domestic violence as well as conflict-related iii. Provide advice to these institutions sexual violence. and actors on appropriate methods for engaging with survivors. e. Prioritize the registration of women’s land and property ownership. iv. Facilitate survivor access to existing programs and initiatives through the f. Continue the implementation of the Ac- provision of information and linkage tion Plan for Access to Justice for Victims with appropriate actors. of Sexual Violence During the War to dismantle the culture of impunity. Establish a v. Support and facilitate survivor par- monitoring mechanism for its implemen- ticipation in the design of future pro- tation. grams and initiatives. g. Place a high priority on ensuring the full vi. Ensure that decisions in relation implementation of the existing laws and to the delivery of government pro- commitments that advance women’s programs and initiatives strive to trans- tection and empowerment. UN Security form gender inequalities and gender Council Resolution 1325 – which acknowl- discrimination, not reinforce them. edged the disparate impact of conflict on women and girls, and affirmed the partic- b. Prioritize the inclusion of survivors in job ipation and representation of women in creation strategies and economic develop- conflict resolution and post-conflict recov- ment activities. ery – has not been fully implemented. c. Prioritize survivor access to available B. To the Government of health care: Kosovo and Non-Government i. Ensure free access to medications Institutions and Actors on the essential list to survivors and their children. Adopt an easier strate- 1. Seek synergy between reparations and de- gy for reimbursement or provision of velopment programmes these medications when unavailable at local public providers. Specific recommendations:

ii. Ensure survivor access to mobile a. Collaborate to facilitate the establishment health units, such as the mobile of the Government Commission on Rec- breast screening unit, through tar- ognition and Verification of the Status of geted information delivery and co- Sexual Violence Victims During the Kosovo ordination with service providers as- Liberation War. Development actors could sisting survivors. assist with tasks such as:

52 The Conflict Did Not Bring Us Flowers i. The training of Commission and Sec- c. Partner to promote domestic structures retariat members, as well as Govern- available to assist vulnerable and mar- ment staff and civil society organi- ginalized persons, and help link survivors zations, that will serve as reception with these assistance programmes. For points for the application forms to example, various assistance schemes are the Commission on international available within the Ministry of Agriculture, standards of documenting and iden- Forestry and Rural Development, Ministry tifying conflict-related sexual -vio of Health, Ministry of Education, Science lence. and Technology and Ministry of Labour and Social Welfare that survivors may ben- ii. The design and creation of a secure efit from. Consider the establishment of database for the Commission. micro-finance arrangements for self-employment initiatives of survivors. iii. Awareness-raising activities to identify possible conflict-related sexual d. Implement development policies that can violence survivors and encourage complement reparative aims and reinforce them to register with the Commis- the message of membership and dignity. sion. For example, development policies that focus on sexual and gender based violence, b. Collaborate to identify and address gaps gender-based discrimination and gender in the Government of Kosovo’s capacity to inequality can help to address long-term deliver reparations, such as: discrimination and stigmatization of survivors of conflict-related sexual violence, as i. Addressing the issue of access to well as other marginalized groups. specialized health services in Koso- vo for survivors of conflict-related C. To the Government sexual violence survivors. In partnership with the Government of Kosovo, Commission on Recognition development actors could construct and Verification of the specialized public health facilities, fa- Status of Sexual Violence cilitate the provision of mobile health Victims During the Kosovo facilities (such as mobile mammogram units), facilitate the supply of Liberation War medicines, equipment or diagnostic capacities (particularly sexual and a. Ensure that the operationalization of the reproductive health related tests), reparations through provision of benefits and train professionals at those fa- after verification from the Commission cilities on international standards in does not exclude, marginalize, or penalize response to conflict-related sexual women or men. violence. b. Adopt a broad definition of sexual violence ii. Identify and support methods of that goes beyond rape; one that is in ac- outreach and service provision to cordance with international law and the men and boy survivors of conflict-re- Guidance Note of the Secretary General. lated sexual violence. c. Ensure strict confidentiality of the Com- iii. Develop a scholarship system for mission’s processes and work. Pursue ac- children of survivors of conflict-relat- countability for breaches of confidentiali- ed sexual violence. ty.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 53 d. Prioritize the safety and security of appli- iii. Support micro-credit projects and cants to the Commission. Establish rules economic activities for survivors of procedure that specify working meth- within development programmes. ods, training requirements, confidentiality protocols and outreach methods. iv. Support other forms of implementation and enhancement of the State reparation programme as required D. To Non-Government (see potential areas of collaboration in section V.B. above). Strive to Institutions and Actors ensure that all processes are victim-centric, gender sensitive and 1. To Local Civil Society Organizations and transformative in nature. Actors b. Prioritize, encourage and facilitate the a. Prioritize increasing the agency of survi- involvement of survivors of conflict-relat- vors. Access to rehabilitation and support ed sexual violence in development pro- services should not come at the expense gramme decision-making. Participation of a loss of agency. Connecting women should adjust to evolving capacity. survivors of conflict-related sexual -vio lence to women’s groups may assist in this c. Continue engagement on rule of law pro- regard. cesses as a means of strengthening guarantees of non-recurrence. b. Facilitate survivors’ participation in transitional justice consultations and deci- d. Prioritize the strengthening of transpar- sion-making on projects and programmes ency in Kosovo in order to assist with the that affect them. Participation should ad- clear flow of information, rebuilding of civ- just to evolving capacity. ic trust and guarantees of non-recurrence. c. Facilitate better linkages and cross fertil- 3. To UN Women: ization of ideas between civil society and victim groups. a. Develop indicators inline with UN Security Council Resolution 1325 to monitor the im- 2. To the International Community plementation of reparation programmes. a. Assist Kosovo authorities and institutions with fulfilling the obligation to provide reparations to all survivors of conflict-related sexual violence.

i. Help fill any identified resource gaps in the State reparation programme. Support the development of funding structures as required.

ii. Support infrastructure projects in areas in which survivors do not have easy access to health, education and water and sanitation facilities.

54 The Conflict Did Not Bring Us Flowers ANNEXES

Annex I: Summary of Reparative Initiatives for Survivors of Conflict-Related Sexual Violence in Kosovo

Date Action

Medica Kosova held a three-day legal conference on sexual crimes during the November war. This was the first public initiative in Kosovo to acknowledge the situation of 2003 conflict-related sexual violence survivors and it sought to identify obstacles in the documentation of this violence.

The (then) international Ombudsperson in Kosovo Marek Antoni Nowicki sent a letter to the (then) Prime Minister of Kosovo Ramush Haradinaj, requesting Early 2005 Kosovo authorities to take measures to ensure that services are available to survivors of conflict-related sexual violence. Medica Kosova and UN Women (then UNIFEM) advocated for an amendment in the draft Law recognizing civilian victims of the war to include survivors of 2006-2007 conflict-related sexual violence (predominantly women) as a special category of civilian victims. Law no. 04/L-054 On the Status and the Rights of the Martyrs, Invalids, Veterans, Members of the Kosovo Liberation Army, Civilian Victims of War and Their Fam- December 2011 ilies was passed. Victims of conflict-related sexual violence were not included as a special category of civilian victims. A working group, under the auspice of the Prime Minister’s Office and led by the 22 February 2012 Agency of Gender Equality, was established to develop an Action Plan for the Implementation of UNSCR 1325. The Kosovo Women’s Network – an umbrella body of over 90 women’s NGOs in 8 March 2012 the country – highlighted the issue of conflict-related sexual violence during its commemoration of the International Women’s Day. The Women Caucus in the Kosovo Assembly initiated a parliamentary resolution calling for support for survivors of conflict-related sexual violence and upon local and international prosecutors to punish the perpetrators of these crimes. As a response to the 8 March commemoration and submission of the parlia- 9 March 2012 mentary resolution, Vlora Çitaku, the (then) Minister of European Integration, established a Task Force on Sexual Violence and Torture. Çitaku also supported a public campaign to raise awareness about survivors of conflict-related sexual violence. Vlora Çitaku, (then) Minister for European Integration, Suzan Novobërdaliu, (then) Member of Parliament, Medica Kosova, KRCT, the Ombudsperson Insti- June 2012 tution in Kosovo and survivors of conflict-related sexual violence held a discussion on conflict related sexual violence which led to commitment by the parties involved to further advocacy efforts.

The Inter-Ministerial Working Group on Dealing with the Past and Reconciliation 4 June 2012 was established under the auspices of the Office of the Prime Minister.

A forum for civil society to voice its concerns to the UN leadership in Kosovo, the Global Open Day, was held. Organized by UN Women, and including women 12 September 2012 Members of Parliament and survivors, the forum focused on the pressing need to provide redress for survivors of conflict-related sexual violence.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 55 UN Women held one debate and two roundtables on the topic of conflict-related sexual violence with key stakeholders from Kosovo, including Kosovo institutions and EULEX representatives. The roundtables served also as a forum for 4-6 December 2012 stakeholders from Bosnia and Herzegovina to share their best practices and lessons learned in regard to survivors of conflict-related sexual violence realizing their right to reparation. These were held in Prishtinë/Priština and in Gjakovë/ Đakovica. The Agency for Gender Equality organized a roundtable where the Minister of Justice, Hajredin Kuçi, committed to ensuring that the Law no. 04/L-054 On the 8 March 2013 Status and the Rights of the Martyrs, Invalids, Veterans, Members of Kosova Liberation Army, Civilian Victims of war and Their Families would be amended to legally recognize the status of survivors of conflict-related sexual violence. The Kosovo Assembly passed on first reading the draft law on amending and supplementing Law no. 04/L-054, which would provide legal recognition of the status of survivors of conflict-related sexual violence. The amendment was put 14 March 2013 forward by the parliamentary group of Lëvizja Vetëvendosje. Various relevant Parliament Committees made further changes to the amendment before it went to its second reading in 2014. The Security and Gender Group (a multi-stakeholder group of representatives from civil society, government and international organizations chaired by UN Women) organized a public consultation between Members of Parliament and 23 April 2013 women’s advocates and civil society after the first reading of the amendment. Following this discussion, the Group sent comments for improvement of the amendment to the all Parliamentarians. OHCHR published “Healing the Spirit: Reparation for Survivors of Sexual Vio- lence Related to the Armed Conflict in Kosovo” authored by Victoria S. Rames. The study aims to highlight the most prevalent consequences of sexual violence committed during the armed conflict in Kosovo; to analyze the current state of Summer 2013 affairs with respect to reparations for these crimes; and to highlight the most desirable forms and methods to provide redress for these crimes from the per- spective of its survivors.

The Government approved the Action Plan on Implementation of UNSCR 1325, with a commitment to cover 51 percent of the budget for its implementation. The action plan has three outcomes, including an outcome that focuses on pro- 29 January 2014 vision of redress to survivors of conflict-related sexual violence: “Survivors of sexual violence, torture and other forms of violence associated with conflict/ war have improved access to protection, access to justice, rehabilitation and re-integration.” President of Kosovo, Atifete Jahjaga, with a special Presidential decree, established the National Council on the Survivors of Sexual Violence during the War. The Council brought together representatives of key ministries, civil society and 5 March 2014 international stakeholders to work towards an improved, better coordinated response in psycho-social and health treatment, access to justice, legal recognition, and economic empowerment for survivors of conflict-related sexual violence and awareness raising about the topic. The Assembly approved Law no. 04/L-172 On Amending and Supplementing the Law no. 04/L-054 On the Status and the Rights of the Martyrs, Invalids, Vet- erans, Members of Kosovo Liberation Army, Sexual Violence Victims of the War, 20 March 2014 Civilian Victims and Their Families. The amendment legally recognizes the status of survivors of sexual violence within the period 27 February 1998 and 20 June 1999 in Kosovo.

56 The Conflict Did Not Bring Us Flowers Under the patronage of the National Council, events parallel to the Global Sum- mit to End Sexual Violence in Conflict were organized in Prishtinë/Priština with June 2014 the aim to raise public awareness on the issue of conflict-related sexual violence. A meeting was organized to exchange experiences between Council members and relevant stakeholders from Bosnia and Herzegovina with a view of contrib- 14-17 January 2015 uting to the drafting of secondary legislation establishing the Commission and procedures to recognize and verify the status of conflict-related sexual violence survivors. A working group chaired by representatives of the Legal Office within the Office of the Prime Minister, and including representatives from institutions, civil so- 16 March 2015 ciety, and UN Women, was formed to draft a regulation to implement the recognition of conflict-related sexual violence survivors under the amended law. A series of workshops were organized with members of the above-mentioned working group to work on the regulation that would establish the procedures March – June 2015 for recognition of status of survivors of conflict-related sexual violence, establish the relevant Commission, and to work on the application form that the Commission will use in the future. The Council organized the art installation “Thinking of You” where thousands of skirts/women’s dresses were collected throughout Kosovo and hung on clotheslines in the Prishtinë/Priština sports stadium on June 12. The installation con- May – June 2015 ceptualized and implemented by artist Alketa Xhafa Mripa, produced by Anna di Lellio, received a lot of local and international media attention. A documentary of the collection process and the installation itself was produced and screened on several occasions both in Kosovo and abroad. The Action Plan for Access to Justice for Victims of Sexual Violence During the War was endorsed by the Ministry of Justice, Kosovo Prosecutorial and Judicial Councils, and Office of the President. The Action Plan was developed bythe November 2015 Council’s working group on access to justice, chaired by the Ministry of Justice, and with members from institutions, rule of law sector, civil society and UN Women. The Government approved Regulation no. 22/2015 On Defining the Procedures for Recognition and Verification of the Status of Sexual Violence Victims During 30 December 2015 the Kosovo Liberation War. It was signed by Prime Minister Isa Mustafa on 2 February 2016. Prime Minister Isa Mustafa appointed civil servants from the Prime Minister’s February 2016 Office as members of the Secretariat of the Commission, as per provisions in Regulation no. 22/2015. The Office of the President and Ministry of Health signed a Memorandum of -Un derstanding. Through this, the Ministry has committed to harmonizing the ex- March 2016 isting legislation, intensify its cooperation with NGOs, and ensuring that NGOs providing services to conflict-related sexual violence survivors have the medications from the essential list. The National Council on the Survivors of Sexual Violence during the War held its closing meeting. Relevant line Ministries and civil society organizations commit- 30 March 2016 ted to continue working on providing redress to conflict-related sexual violence survivors.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 57

Survivors of CRSV of Survivors

Y Y

Group V 41 - 50% - 41 V Group

Y Y Y Y

Group IV 51-60% IV Group

Y Y Y Y

Group III 61-70% III Group

Y Y Y Y

Group II 71 - 80% - 71 II Group

Y Y Y Y

Group I 81 - 100% - 81 I Group

Civilians Invalids Y Y Y Y Y

Group VIII 10 -19 % % -19 10 VIII Group

Y Y Y Y Y Y

group VII 20-30% VII group

Y Y Y Y Y Y Y

Group VI 31-40% VI Group

Y Y Y Y Y Y Y

Group V 41-50% V Group

Y Y Y Y Y Y Y

Group IV 51-60% IV Group

Y Y Y Y Y Y Y

Group III 61-70% III Group

Y Y Y Y Y Y Y

Group II 71- 80% 71- II Group

Y Y Y Y Y Y Y

Group I 81 - 100% - 81 I Group

Receivable by the individual KLA invalids Y Y Y Y Y Y Y Y

In life of invalid of life In

Y Y

invalid

After death of of death After

KLA Inva lids Y

Missing

Victims (dec’d) Victims

Civilians Y

Missing

Y Y Y

Martyrs (dec’d) Martyrs

Y Y Y

martyrs 1997-1999 martyrs

Deceased & missing missing & Deceased Receievable by family members of KLA members Y Benefits Pensions Family pension [1] Personal disability pension [2] Family disability pension [1] Health Care taking assistance allowance Medical & physical rehabilitation in Kosovo [3] Health services in public health facilities Hospital services abroad if not curable in Kosovo Hospital services abroad for deteriorating condition due to war that is not curable in Kosovo Prosthetics & orthopaedic tools Education, Training & Employment Professional training (adult education) Priority in enrolling public educational institutions Annex II: Summary of Benefits under Law no. 04/L-054 and 04/L-172

58 The Conflict Did Not Bring Us Flowers Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

- Release from administrative payments at University Grants for secondary and university education Dormatory accommodation compensation Priority in employment public & private sectors Housing Access to collective social housing for those in diffi cult economic conditions [4] Nursing home accommodation Release from fees, taxes & duties Release from import taxes and customs on special vehicles for personal use Release from import taxes on orthopaedic tools Free electricity & reduced electricity debts if social assitance criteria is met Release from property tax if in condition difficult economic Release from court, administrative & public fees Other Years in war count as double for work experience Funeral expenses Urban and inter-urban transport 1. When children are the beneficiary, they are entitled until the age of 18 years or until 26 years if attending schools. Entitlements based on the status ofdeceased spouse cease upon remarriage. a 2. Cannot be claimed in addition to another pension. 3. Prioritized according to degree of impairment 4. Priorities will be given to family’ of martyrs and KLA missing, invalids their families.

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 59 Annex III: List of Stakeholders Consulted

Survivors of conflict-related sexual violence

A series of meetings were held with approximately 70 survivors of conflict-related sexual violence.

Kosovo Institutions

Position in Organization or Insti- Organization or Institution Name tution

Agency for Gender Equality Head of Legal Department Leonora Selmani

Inter-Ministerial Working Group on Dealing with the Representatives of the sub- Sub-group on Right to Reparation Past and Reconciliation (IMWG group DwPR)

Acting Director, Program Coordi- Kosovo Judicial institute Besim Morina nator

Chief of War Crimes Investigation Kosovo Police Captain Ramadan Ahmeti Section

Director of Policy Development Ministry for Agriculture, Forest- Department, Head of Managing Shqipe Dema ry and Rural Development Authority

Ministry of Health Political Advisor to the Minister Dr. Valbon Krasniqi

Ministry of Justice Legal Adviser to the Minister Dafina Buçaj

Ministry of Labor and Social CDF Advisor to the Minister Merita Gashi Welfare

Head of Export Promotion Sector, Ministry of Trade and Industry, Private Sector Promotion Direc- Kosovo Investment and Enter- Remzi Ahmeti torate Export, Export Promotion prise Support Agency (KIESA) Sector

National Agency for Personal Head of Legal Office Valon Kryeziu Data Protection

60 The Conflict Did Not Bring Us Flowers Office of Prime Minister, Legal Director of Legal Office Besim Kajtazi Office

Political Adviser to former Presi- President’s Office Jeta Krasniqi dent Atifete Jahjaga

State Prosecution Deputy Chief State Prosecutor Sevdije Morina

Kosovo War Crimes Research Professional Associate Baki Svirca Institute

Civil Society Organizations

Position in Organization or In- Organization or Institution Name stitution Center for Promotion of Women’s Executive Director Kadire Tahiraj Rights Forum Civil Peace Service – Forum Programme Manager Nehari Sharri ZFD

Humanitarian Law Center Kosovo Executive Director Bekim Blakaj

INTEGRA Executive Director Kushtrim Koliqi

Kosova Rehabilitation Center for Executive Director Feride Rushiti Torture Victims (KRCT)

Kosovo Women’s Network (KWN) Executive Director Igballe Rogova

Medica Gjakova Executive Director Mirlinda Sada

Medica Kosova Executive Director Veprore Shehu

Youth Initiative for Human Rights – Executive Director Edona Tolaj Kosovo

The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 61 International Organizations

Position in Organization or In- Organization or Institution Name stitution

European Union Rule of Law Mis- Head of Kosovo Special Prose- Jonathan Ratel sion in Kosovo, EULEX cution Office

European Union Rule of Law Mis- International Gender Advisor Lina Andeer sion in Kosovo, EULEX

European Union Rule of Law Mis- Prosecutor, Kosovo Special Damaré Theriot sion in Kosovo, EULEX Prosecution Office

International Center for Transitional Senior Associate, Reparative Cristián Correa Justice Justice Program

International Organization for Mi- Land, Property and Repara- Igor Cvetkovski gration tions Officer

International Organization for Mi- Project Development Officer Patrik Shirak gration

Office of the United Nations High National Programme Officer Ljubiša Bašćarevič Commissioner for Human Rights

Development Coordinator, UN Development Coordinator’s Of- UNDP Resident Representa- Andrew Russell fice tive

Project Manager of Property United States Agency for Interna- Rights Program implemented Don Cuizon tional Development by Tetra Tech

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66 The Conflict Did Not Bring Us Flowers The Need for Comprehensive Reparations for Survivors of Conflict-Related Sexual Violence in Kosovo 67 UN WOMEN IS THE UN ORGANIZATION DEDICATED TO GENDER EQUALITY AND THE EMPOWERMENT OF WOMEN. A GLOBAL CHAMPION FOR WOMEN AND GIRLS, UN WOMEN WAS ESTABLISHED TO ACCELERATE PROGRESS ON MEETING THEIR NEEDS WORLDWIDE.

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