Mapping and Needs Assessment of the LGBT Community in Kosovo and in Bosnia and Herzegovina Commissioned by USAID/Kosovo & BiH July 13, 2014 Mindy Michels, Ph.D. TABLE OF CONTENTS: Acronyms .......................................................................................................p. 1 Executive Summary .......................................................................................p. 3 Introduction ....................................................................................................p. 5 Structure of the Report ...................................................................................p. 7 Kosovo ...........................................................................................................p. 8 Executive Summary ...........................................................................p. 8 Introduction ........................................................................................p. 12 Findings..............................................................................................p. 13 Recommendations ..............................................................................p. 27 Bosnia and Herzegovina ................................................................................p. 33 Executive Summary ...........................................................................p. 33 Introduction ........................................................................................p. 35 Findings..............................................................................................p. 36 Recommendations ..............................................................................p. 55 Annex 1: Including Sexual Orientation and Gender Identity as Cross- Cutting Issues: Examples from Bosnia and Herzegovina ..............p. 60 Annex 2: Meetings for Kosovo Research ......................................................p. 62 Annex 3: Meetings for Bosnia and Herzegovina Research ...........................p. 64 Selected References .......................................................................................p. 66 LGBT Assessment, Kosovo, Bosnia and Herzegovina Michels, p. 1 ACRONYMS BD Brčko District BIRN Balkan Investigative Reporting Network BiH Bosnia and Herzegovina B.U.K.A. Banjalučko Udruženje Kvir Aktivista (Banja Luka Association of Queer Activists) CDCS Country Development Cooperation Strategy CEL Center for Equality and Liberty Kosovo COE Council of Europe CPT Center for Peace and Tolerance CSGD Center for Social Group Development/Elysium CSO Civil Society Organization ECtHR European Court of Human Rights EU European Union FBiH Federation of Bosnia and Herzegovina FtM Female to Male (transgender) FTV Federalna TV GoK Government of Kosovo HIV Human Immunodeficiency Virus ICITAP Department of Justice International Criminal Investigative Training Assistance Program IDAHOT International Day Against Homophobia and Transphobia ILGA Europe European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association IVLP International Visitor Leadership Program KWN Kosovo Women’s Network LGE Law on Gender Equality (Bosnia and Herzegovina) LGB Lesbian, Bay, Bisexual LGBT Lesbian, Gay, Bisexual, and Transgender LPD Law on Prohibition of Discrimination (Bosnia and Herzegovina) MHRR Ministry for Human Rights and Refugees (Bosnia and Herzegovina) FtM Female to Male (transgender) MtF Male to Female (transgender) NGO Non-governmental organization OGG Office of Good Governance (Kosovo) OSCE Organization for Security and Cooperation in Europe PACE Parliamentary Assembly of the Council of Europe QESh Qendra për Emancipim Shoqëror / Center for Social Emancipation RAE Roma, Ashkali and Egyptian RS Republika Srpska RTA Resident Twinning Advisor (Kosovo) RTK Radio Television Kosovo SIDA Swedish International Development Cooperation Agency LGBT Assessment, Kosovo, Bosnia and Herzegovina Michels, p. 2 SOC Sarajevo Open Center SOP Standard Operating Procedure USG U.S. Government USAID U.S. Agency for International Development YIHR Youth Initiative for Human Rights (in Kosovo and in Bosnia and Herzegovina) LGBT Assessment, Kosovo, Bosnia and Herzegovina Michels, p. 3 EXECUTIVE SUMMARY The purpose of this study was to do a mapping and needs assessment of the current situation in Kosovo and in Bosnia and Herzegovina (BiH) related to Lesbian, Gay, Bisexual and Transgender (LGBT) rights; the current groups involved in advocating for rights based on sexual orientation and gender identity; and effective interventions for social and institutional change. Both countries are still strongly impacted by the aftermath of war and the ethnic conflict and nationalism stemming from the breakup of Yugoslavia. Additionally, traditional patriarchal values shaped by nationalism and religion characterize much of the discourse around gender and sexuality. LGBT communities are mostly still hidden and even the major cities have few or no welcoming meeting places. During the last two years, there have been violent homophobic attacks in both countries on public events, and the response of the criminal justice system has been minimal. Individuals who experience violence or discrimination based on sexual orientation or gender identity are rarely willing to take cases to relevant authorities for fear of additional discrimination, lack of adequate response, or wider disclosure of their identity. However, there are significant positive indicators as well as opportunities for intervention. National level anti-discrimination legislation is present in both countries. While implementation of the legislation is weak, the legal codes do explicitly include sexual orientation; the state level Law on Protection from Discrimination in BiH also includes gender identity and revisions to the Anti-Discrimination Law in Kosovo will likely result in the inclusion of gender identity soon. Both countries have several organizations focused on strengthening LGBT communities and advocating for rights based on sexual orientation and gender identity, though neither country has lesbian or transgender specific organizations. Over the last several years these organizations have had a significant impact on creating stronger community networks and developing relationships to government actors, especially the police. External pressure is also an effective tool in both Kosovo and BiH, though it is most effective when used in tandem with efforts from local actors. European Union (EU) accession is a powerful factor for increased state support for LGBT rights, especially in Kosovo. The United States Government (USG) also has a strongly influential role in both countries and the new diplomatic and development focus of the USG on issues of sexual orientation and gender identity has already resulted in additional support for LGBT organizations and initiatives. The findings in this report are based on a review of relevant documents and reports, a review of the legal frameworks, interviews with stakeholders, and attendance at community events. The research for the report on Kosovo was conducted during April 2014 and the research on Bosnia and Herzegovina was conducted at the end of May and the beginning of June of 2014. Based on the findings, the report provides a concrete list of recommendations for each country that can be used for: a) continuing to provide ongoing, culturally and contextually sensitive support to current efforts; b) exploring possible shifts in current programming to ensure inclusiveness; c) suggesting possible areas where additional funding could provide significant and sustainable impact, and d) identifying opportunities to effectively use the influence of the USG and other international stakeholders. LGBT Assessment, Kosovo, Bosnia and Herzegovina Michels, p. 4 The full list of country specific recommendations can be found in the Recommendations section of each country report; however, several primary recommendations for USAID in both countries can be summarized as follows: • Include sexual orientation and gender-identity in USAID program design and work with implementing partners to ensure that it is included where relevant, especially in (but not limited to) programs focusing on civil society, the justice sector, media, education, health, economic empowerment, youth, gender equality, and human rights. Include indicators to measure success. • Consider adding an indicator to the Mission Performance Monitoring Plan to monitor and track the success of implementers in working directly with LGBT organizations and including sexual orientation and gender identity in their projects, where relevant. • Continue to provide support and capacity building to LGBT civil society organizations; for smaller organizations with more limited capacity use a small grants mechanism and, where relevant, include funding for security measures and technical support such as assistance with financial management and strategic planning. • Encourage and fund non-LGBT human rights, women’s rights, cultural, and arts organizations to include sexual orientation and gender identity in their current work, and to take on LGBT specific projects to expand the base of support. • Recognize the diversity of the LGBT community and ensure that programs include women and transgender people. • In addition to funding, continue to strengthen working relationships between the USAID Mission, other USG agencies, and LGBT organizations; ensure the inclusion of the variety of LGBT organizations and stakeholders. • Continue to coordinate