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REPORT:POSITION OF PERSONS WITH DISABILITIESIN SERBIAN COMMUNITY IN KOSOVO

An a EU funded project managedby European Union Office to Kosovo

The Report was produced with the financial support ofthe European Union office in Kosovo through the European Instrument for Democracy and Human Rights (EIDHR). The responsibility for the content of this document, and any possible omissions or errors contained therein lies solely with the authors.

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ACKNOWLEDGMENTS

Publisher: Centre for Society Orientation – COD Authors: Miloš Milovanović Goran Lončar Editor: Goran Lončar Researcher: Igor Kalamar Darja Butigan Research associates: Igor Savić Uroš Staletović Zorica Jovanović Ivana Vukmirović Jovan Kuzić Logistics and technical support: Vera Brakus Bojana Glušac Translation: Ivana Djurić Preparation, design and printing: Printing house “Sever” - Štrpce

Publisher:Centre for Societz Orientation — COD

Authors:Miloš MilovanovićGoran Lončar

Editor:Goran Lončar

Researchers:Igor KalamarDarja Butigan

Advisors:Sonja dr. VasićZoltan Mihok

Research associates:Igor SavićUroš StaletovićZorica JovanovićIvana VukmirovićJovan Kuzić

Logistics and technical support:Vera BrakusBojana Glušac

Translation:Ivana Djurić

Preparation, design and printing:Printing house Simbol, Petrovaradin

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CONTENTS

ACKNOWLEDGMENTS .......................................................... 2

ABBREVIATIONS AND ACRONYMS ................................. 4

FOREWORD ................................................................................ 5

INTRODUCTION ...................................................................... 6

1. OBJECTIVES OF THE REPORT ......................................... 8 2. METHODOLOGY .................................................................. 10 3. DEFINITION AND INFORMATION ON DISABILITY 11 4. THE POLICY CONTEXT OF DISABILITY ....................... 16 4.1. International framework .......................................................... 16 4.2. Local framework ...................................................................... 18 4.3. Analysis ................................................................................... 23 5. STAKEHOLDERS AND COORDINATION MECHANISMS IN KOSOVO .................................................

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5.1. The Goverment of Kosovo ........................................................ 28 5.2. Office for Kosovo and Metohija ............................................... 29 5.3. Local non-governmental organisations in the Serbian community in Kosovo directly involved in disability issues .........

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5.4. Coordination mechanisms ....................................................... 32 6. LOCAL CONTEXT ................................................................. 34 6.1. Mitrovica Community Profile ................................................ 38 6.1. Štrpce Community Profile ...................................................... 42 7. MAIN CHALLENGES AND PROBLEMS FACED BY PERSONS WITH DISABILITIES IN SERBIAN COMMUNITY IN KOSOVO ...................................................

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7.1. Social and health care and social services ................................ 45 7.2. Education ................................................................................ 60 7.3. Health care ............................................................................... 66 7.4. Employment ............................................................................ 71 7.5. Accessibility ............................................................................ 84 8. CONCLUSION ....................................................................... 90 BIBLIOGRAPHY ........................................................................ 94

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CONTENTS

ACKNOWLEDGMENTS .......................................................... 2

ABBREVIATIONS AND ACRONYMS ................................. 4

FOREWORD ................................................................................ 5

INTRODUCTION ...................................................................... 6

1. OBJECTIVES OF THE REPORT ......................................... 8 2. METHODOLOGY .................................................................. 10 3. DEFINITION AND INFORMATION ON DISABILITY 11 4. THE POLICY CONTEXT OF DISABILITY ....................... 16 4.1. International framework .......................................................... 16 4.2. Local framework ...................................................................... 18 4.3. Analysis ................................................................................... 23 5. STAKEHOLDERS AND COORDINATION MECHANISMS IN KOSOVO .................................................

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5.1. The Goverment of Kosovo ........................................................ 28 5.2. Office for Kosovo and Metohija ............................................... 29 5.3. Local non-governmental organisations in the Serbian community in Kosovo directly involved in disability issues .........

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5.4. Coordination mechanisms ....................................................... 32 6. LOCAL CONTEXT ................................................................. 34 6.1. Mitrovica Community Profile ................................................ 38 6.1. Štrpce Community Profile ...................................................... 42 7. MAIN CHALLENGES AND PROBLEMS FACED BY PERSONS WITH DISABILITIES IN SERBIAN COMMUNITY IN KOSOVO ...................................................

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7.1. Social and health care and social services ................................ 45 7.2. Education ................................................................................ 60 7.3. Health care ............................................................................... 66 7.4. Employment ............................................................................ 71 7.5. Accessibility ............................................................................ 84 8. CONCLUSION ....................................................................... 90 BIBLIOGRAPHY ........................................................................ 94

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ABBREVIATIONS AND ACRONYMS PWD - Persons with disabilities DPO - Disabled people’s organisation CSO - Civil society organisations NGO - Non-governmental organisations NES - National Employment Service CSW - Centre for Social Work COD - Centre for Society Orientation WHO - World Health Organization UN - United Nations UNDP - United Nations Development Programme EU - European Union ECMI - European Centre for Minority Issues OSCE - Organization for Security and Cooperation in Europe EC - European Commission OPD - Organisation for persons with disabilities MPMW - Ministry of Labour and Social Welfare RS - Republic of Serbia EL – Educational level IIHR – Innovation, Inclusion, Human Rights

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FOREWORD Dear readers, The Center for Society Orientation - COD has started the research about position of persons with disabilities in Serbian community in Kosovo as part of the project “Innovation, Inclusion, Human Rights”. The project is implemented in cooperation with NGO “Future Without Fear - FWF” from Štrpce financed by European Union’s office in Kosovo. The overall aim of the research is to point out the problmes, needs and priorities of persons with disabilities and their families. Persons with disabilities are mostly marginalized social group in Kosovo, especially in Serbian community, which has found itself in a very tough social, political and economic situation since the ending of war conflict in 1999. There is no official database but the estimation is that there are around 30.000 persons with disabilities in situation of social isolation, deprived of right for equal education and employment, with limited access to health services, public services and information, deprived of equal participation in public and political life. The report should help decision-makers, policy makers and other actors to be more familiar with the situation of persons with disabilities, their problems, needs and priorities in order to enhance the knowledge and understanding about unacceptably unequal life circumstances. This is the first step in direction of finding adequate solutions for existing situation, which is unacceptable from the perspective of respect of all human rights principles. Sonja dr. Vasić COD Board member, Centre for Society Orientation

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INTRODUCTION The report on the situation of persons with disabilities (PWDs) in the Serbian community in Kosovo has been prepared within the project “Innovation, Inclusion, Human Rights”, funded by the European Union Office in Kosovo and conducted by the Centre for Society Orientation - COD in cooperation with NGO “Future without Fear - FWF” from Štrpce. The work on the preparation of the report involved representatives of COD, representatives of the “Future Without Fear”, individuals, representatives of disabled people’s organisations (DPOs), representatives of civil society organisations (CSOs) and experts on human rights and disability. The purpose of this report is to provide more information on the situation and needs of persons with disabilities in the Serbian community in Kosovo. The report aims to identify the key problems that the PWDs face in everyday life, as well as the existence of support services and other important factors that facilitate daily life and affect their position in society. The report also analyses legislation, policies and programs of their implementation within the system of Kosovo institutions, as well as the review of legislation of the Republic of Serbia on which mostly Mitrovica municipality relies in its operation. The methodology used in the preparation of the report is the approach which does not consider disability as a fixed “final condition”, but rather from the perspective of human rights, meaning that persons with disabilities are active actors of social processes. This perspective is consistent with the approach to

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FOREWORD Dear readers, The Center for Society Orientation - COD has started the research about position of persons with disabilities in Serbian community in Kosovo as part of the project “Innovation, Inclusion, Human Rights”. The project is implemented in cooperation with NGO “Future Without Fear - FWF” from Štrpce financed by European Union’s office in Kosovo. The overall aim of the research is to point out the problmes, needs and priorities of persons with disabilities and their families. Persons with disabilities are mostly marginalized social group in Kosovo, especially in Serbian community, which has found itself in a very tough social, political and economic situation since the ending of war conflict in 1999. There is no official database but the estimation is that there are around 30.000 persons with disabilities in situation of social isolation, deprived of right for equal education and employment, with limited access to health services, public services and information, deprived of equal participation in public and political life. The report should help decision-makers, policy makers and other actors to be more familiar with the situation of persons with disabilities, their problems, needs and priorities in order to enhance the knowledge and understanding about unacceptably unequal life circumstances. This is the first step in direction of finding adequate solutions for existing situation, which is unacceptable from the perspective of respect of all human rights principles. Sonja dr. Vasić COD Board member, Centre for Society Orientation

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human rights and equal opportunities to disability, emphasising the importance of equal opportunities law, the rule of law and social attitudes. Information were collected “randomly”, through surveys and interviews with representative population of persons with disabilities from Štrpce and Mitrovica regions, without prior selection of disability category or any other criteria. This method involves random selection of DPOs and PWDs in which research activities were performed. In addition to the analysis of the situation of persons with disabilities, the report gives recommendations in order to draw attention to key issues and problems faced by persons with disabilities as well as amending existing legislation and policies at the local level in the municipalities included by this research. Furthermore, the report proposes measures, i.e. activities necessary to ensure that persons with disabilities in the Serbian community in Kosovo enjoy full rights and freedoms effectively and on an equal basis with other citizens. Bearing in mind the unresolved international status of Kosovo, as Kosovo is not a UN member and therefore not in a position to sign the international Convention on the Rights of Persons with Disabilities, internationally stipulated standards during the process of transition and accession are those that apply, regardless of their political status.

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1. OBJECTIVES OF THE REPORT In order to address disability in a strategic, efficient and effective way basic data on disability are required. In Kosovo, primarily in the Serbian community that somehow continues living in social, political and economic isolation from other communities, there are no updated data on disability prevalence or the nature and cause of disability. Also there are no reliable data on the availability of services for persons with disabilities. The objectives of the present report are as follows:

1. To map and assess the scope of the current situation in the field of disability, priority fields, problems and needs of persons with disabilities;

2. To offer short and long-term recommendations for development and implementation of policies at all levels which should be reformed through relevant sectors (accessibility, health, education, employment, social services and local services) in order to improve the position of PWDs in the Serbian community in Kosovo;

3. To provide opportunities for PWDs and DPOs to improve their capacities and use the results of the report for the representation and active participation in development of disability field.

In order to be actively developed and applied, policies and programs relating to the rights of persons with disabilities require participation of the persons with disabilities in the processes related to their position and improvement of the current situation in this field. This report, through the cooperation with disabled people’s organisations and

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individuals who collected certain information at the local level involves relevant stakeholders and provides a basis for further improvement of the active participation of persons with disabilities in the monitoring, as well as in implementation and development, proposing necessary changes relating to the status of persons with disabilities. Strengthening the capacities of persons with disabilities provides the necessary conditions for multi-sectorial cooperation needed for research objectives to be implemented in practice. Persons with disabilities often live under the influence of stereotypes of the surroundings and are subjected to discrimination which they may not be aware of in performing their daily activities and meeting the needs. The restrictions exist, due to marginalisation and stereotypes that are distinct, but also because of isolation and inaccessible rural areas where persons with disabilities live in the municipalities that are subject of this study. One of the main goals of this research is to introduce persons with disabilities and the communities they live with the rights, needs and current situation of persons with disabilities, opportunities to overcome the limitations and the importance of active participation in changing and developing an inclusive society which is based on the needs and rights of all individuals who live in it. In the framework of the objectives of the research, presented results in the municipalities that are defined in this project can serve as a basis for issues of importance to the disability of other municipalities and greater promotion and advocacy of the rights in line with the existing data that will require its further improvement, based on the cooperation of all relevant stakeholders of local communities.

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2. METHODOLOGY The report of the Centre for Society Orientation – COD, provides an overview and analysis of the existing reports, studies, strategies, policies and regulatory framework. In addition to the analysis of existing documents, information are methodologically supplemented by prepared questionnaires for PWDs and DPOs, that is the information obtained in the field by completing questionnaire and conducting interviews in Mitrovica and Štrpce during the implementation of the project with a total of 50 persons with disabilities who participated in the project - the residents of these two municipalities. Centre for Society Orientation has trained interviewers who conducted direct face to face interviews with persons with disabilities, while by organizing and holding focus groups they conducted data collection from various stakeholders in the field (disabled people’s organisations, local civil society organisations, service providers, the Centre for Social Work), from which the COD obtained relevant information on the situation of persons with disabilities. This report summarises our conclusions from the afore-mentioned and makes recommendations based on the findings and experiences of COD in the field of disability. The research relies on the method “APPROACH”, which is simple but effective and applicable to different types of reports. The name of the method comes from the abbreviation of different phases in development, as follows: (A) presentation of objectives, framework and possible limitations of the report, (P) presentation of the current situation – elements communicated to understand the situations and problems arising from it; (P) presentation of the problem the report deals with and which should be clarified; (R) presenting reactions from the surroundings or research results that are presented before

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proceeding to the interpretation of the authors of the report - it's the part of the objectivist phase, while the subjectivist phase continues (O) the author’s opinion presented on the basis of observation and analysis of the data presented: (A) practical applications or recommendations; (C) conclusions in terms of synthesizing the main findings of the report and priorities for the proposed recommendations / activities and at the end (H) perspectives and possible future developments of the recommended activities. This methodological approach provides the opportunity for persons with disabilities to actively participate and enhance their knowledge and capacities based on the assumption that this methodological assumption is applicable within the limited capacities and the need to further develop the potential of persons with disabilities. The results obtained by this methodology include easy understanding of the situation and use to further advocacy of disability development.

3. DEFINITION AND INFORMATION ON DISABILITY The UN Convention on the Rights of Persons with Disabilities (CRPD), as the most important international document on the rights of persons with disabilities uses the term “persons with disabilities” to apply to all persons with disabilities including “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others” (Article 1 of the UN Convention on the Rights of Persons with Disabilities). Unfortunately, there is a frequent use of widespread social terms which have pejorative

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connotation and that represent discrimination persons with disabilities face on a daily basis.

The National Disability Action Plan for the Republic of Kosovo 2009-2011 adopted the definition of persons with disabilities as a part of the Action Plan and future legislation in Kosovo1. Disability is complex and multidimensional. Key to understanding disability is recognising the impact of environments in which impairments occur – some environments are more disabling than others. For example, in a society where corrective lenses are available for someone with extreme myopia (near-sightedness), this person would not be considered to have a disability, however someone with the same condition in a society where corrective lenses were not available would be considered to have a disability, especially if the level of vision prevented the person from performing tasks expected of this person such as farming, sewing or working on a computer2. This applies both to the physical and the social environment, because the biggest obstacles are those related to 1 National Disability Action Plan for the Republic of Kosovo 2009-2011, available at: http://www.cooperazioneallosviluppo.esteri.it/pdgcs/download/Kosovo_Plan.pdf 2 Example taken from UN Enable, Frequently Asked Questions: http://www.un.org/esa/socdev/enable/faqs.htm

«..."Discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.»

UN Convention on the Rights of Persons with Disabilities, Article 2

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public awareness on disability. With this in mind, persons with disabilities in our society often experience marginalisation, discrimination and social exclusion. Persons with disabilities experience the same problems as people from the same communities do, but these problems may be aggravated by disability. For example, a person with disability who cannot pay for wheelchair repairs may also not be able to access health care. Persons with disabilities and their households experience higher rates of poverty than non-disabled people3. Social isolation associated with disability reduces the possibilities of support and access to opportunities. Policy-makers should recognise this crucial role of external barriers (both physical and attitudinal) in determining disability and instead of focusing interventions on the individuals only, contribute to making social and environmental changes that will enhance full social and economic participation of persons with disabilities, ensuring protection of their human rights. World Health Organisation (WHO) estimates that 15% of the world’s population has some form of disability. This is more than the previous WHO estimate, dating from the 1970s, which determined the world’s population with disabilities at about 10%. The most common explanation for this increase in the number of persons with disabilities is the populations ageing (it is estimated that in countries with life expectancies over 70 years, individuals spend on average about 8 years living with disabilities) and the global increase in chronic health conditions associated with disability, such as diabetes, cardiovascular diseases and mental illness. Civil society also places particular

3 World Health Organization, World Report on Disability 2011, http://www.who.int/disabilities/world_report/2011/en/index.html

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emphasis on factors related to the environment, air and water pollution, scientific experiments conducted without the informed consent of the victims, terrorist violence, wars, intentional physical mutilations carried out by the authorities and other attacks on the physical and mental integrity of persons, as well as violations of human rights and humanitarian law in general4. There is a lack of qualitative and quantitative data on the number of persons with disabilities in Kosovo. According to approximate figures from researches, conducted by various local and international non-governmental organisations, there are around 150.000 children and adults with disabilities in Kosovo5. The questions on disability were included in Kosovo 2011 census, held in April 2011, conducted by Kosovo Agency of Statistics, representing the first internationally recognised Kosovo census since 1981. The results were presented in September 2012 numbering around 93,000 persons with at least one long-lasting difficulty (deafness or severe hearing impairment, blindness or severe visual impairment, a condition that substantially limits one or more basic physical activities, such as walking, climbing stairs, lifting or carrying things, a learning or intellectual disability, a long-standing psychological or emotional difficulty and other, including any long-standing illness). In general, however, inaccurate reporting of disabilities is very common in national censuses due to inadequate questionnaire design or insufficient training of interviewers. Furthermore, it is important to emphasise that the census results do not include the entire territory of Kosovo, since there

4 UN Enable, Factors Causing Disability http://www.un.org/esa/socdev/enable/dispaperdes2.htm 5 Study on Persons with Disabilities, Office of the Government of Kosovo and UNDP

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are no results from the census enumeration for the Serbian majority municipalities - Mitrovica north, Zubin Potok, Zvečan, Leposavić, Štrpce, Gračanica, Klokot, Parteš, Ranilug and Novo Brdo whose residents boycotted the census for political reasons.On the other hand, the census conducted in the Republic of Serbia in 2011 does not include Kosovo. The result of the census indicates the lack of statistical indicators for persons with disabilities in the areas of Kosovo with Serb-majority.

Also, during the preparation of this report on the basis of research, the research team came to the conclusion that there are no statistics which show the living conditions of persons with disabilities in the Serbian community in Kosovo. During the preparation of the report, a conducted research shows that nearly 70 % of persons with disabilities in the Serbian community in Kosovo live at or below the poverty line. It should be borne in mind that these data were obtained through the activities of the project “Innovation, Inclusion, Human Rights”, conducted by non-governmental organisation, while the official institutions at the local and national level have no available data to provide clearer picture of lives of persons with disabilities. The Western Balkan countries have intention to, through the Euro-integration process, become full members of the European Union (EU). Therefore, in this report we use definitions and information arising from the relevant documents in the area of disability at the EU level. The EU and its Member States are firmly committed to improving the social and economic status of persons with disabilities and they rely on three important documents: the Charter of Fundamental Rights, the Treaty on

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the Functioning of the EU and the UN Convention on the Rights of Persons with Disabilities6.

4. THE POLICY CONTEXT OF DISABILITY 4.1. International framework

UN framework: In 2001, the international community initiated the process for the adoption of the UN Convention on the Rights of Persons with Disabilities7, which was adopted with its Optional Protocol by the UN General Assembly in 2006 and opened for signature8. The Convention constitutes a commitment of the international community to inclusion of the disability perspective and persons with disabilities in all aspects of society and development. The Convention is intended as a human rights instrument that re-affirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. EU framework:

Article 26 of the Charter of Fundamental Rights9 of the EU states that the EU recognises and respects the right of persons with

6 European Disability Strategy 2010 – 2020: A Renewed Commitment to a Barrier-Free Europe, page 37 UN Convention on the Rights of Persons with Disabilities is available at: http://sr.cod.rs/index.php?option=com_content&view=article&id=51:2010-12-09-16-10-57&Itemid=28 8 Until February 2013, the Convention was ratified by 127 countries and signed by 155 countries. Also 76 countries have ratified and 90 have signed the Optional Protocol. Neighboring countries are also signatories to the convention. 9 The Charter of Fundamental Human Rights in the European Union dates from 2000

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disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community. In addition, Article 21 prohibits any discrimination on the basis of disability.

The Treaty on the functioning of the EU requires the EU to combat discrimination based on disability when defining and implementing its policies and activities (Article 10) and gives it the power to adopt legislation to address such discrimination (Article 9).

Further, the Convention on the Rights of Persons with Disabilities is the first legally binding international human rights instrument to which the European Union as an entity and all its Member States are parties and the first to be embodied in its entirety in the Acquis Communautaire. Countries that are in the process of European integration, such as the Western Balkan countries, as they strive to become full members of the EU, take into consideration the normative framework of the EU regulations in the process of convergence,

«Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. » Article 21 Non-discrimination, Charter of Fundamental Rights

of the European Union

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and appropriate normative framework is a prerequisite for further development and association. 4.2. Local framework Kosovo, due to its international political status is unable to ratify the Convention on the Rights of Persons with Disabilities, but efforts are made to align activities and existing laws for persons with disabilities with the Convention. Article 24 of Kosovo’s Constitution (chapter Fundamental Rights and Freedoms) stipulates that “No one shall be discriminated against on grounds of race, colour, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status”. The comprehensive overview of Kosovo legal, institutional and regulatory framework has been given in Broad Survey of Persons with Disabilities - a research initiated by the Office of the Prime Minister/Office for Good Governance, Human Rights, Equal Opportunities and Gender Issues, in cooperation with the United Nations Development Programme (UNDP) and published in December 2011. The most significant laws specifically dedicated to PWDs are10:

1. The Law on Disability Pensions, No. 2003/2311 The objective of this Law is to support social protection for persons unable to work or to provide for themselves and to

10 The official names and terminology used for the PWDs in the legislative framework use the outdated terminology in the field of disability, which is contrary to internationally accepted practices 11 http://www.assembly-kosova.org/?cid=2,191,12

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reduce poverty. The Law sets out the conditions of the use of funds, and that right can be exercised by persons with permanent residence in Kosovo and other conditions stipulated by the Law. The Law stipulates the Medical Commission, which assesses the medical condition of the applicants, and the amount of the pension is equal to the monthly amount of basic pension. Article 13 stipulates benefits for persons with disabilities, such as for example transportation in the city transport which is free of charge, while in intercity transportation it is charged 50 % of the total price. Within the set of measures, of particular importance is that all newly built public buildings must meet standards of accessibility that enable persons with disabilities unhindered movement.

2. The Law on Material Support for Families of Children with Permanent Disabilities, No.03/L-02212

This Law regulates the right to material support to families with children with disabilities. The Law uses outdated terminology where children with disabilities are divided into immobile children, totally blind children and children who, because of the nature of illness, are not able to independently move, feed or maintain personal hygiene.

3. The Law on Vocational Ability, Rehabilitation and Employment of People with Disabilities, No. 03/L-01913

This Law aims to determine the rights of persons with disabilities in order to improve their position on the open market under the general and special conditions. The aim of the Law is that persons with disabilities can be employed, professionally trained and re-trained on principles of equal opportunities and employment in order to carry out their work

12 http://www.kuvendikosoves.org/common/docs/ligjet/2008_03-L022_sr.pdf 13 http://www.assembly-kosova.org/common/docs/ligjet/2008_03-L-019_al.pdf

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unhindered. Article 5 prohibits discrimination and emphasises the need for equal opportunity and treatment in employment and guarantees legal protection in this regard. The Law implies the procedure for assessment of work ability of persons with disabilities. The Law stipulates the obligation of employment of persons with disabilities in every 50 employees, or payment of monthly contributions to the budget of 1% of the minimal wages. This is significantly less than the legal decision in the Republic of Serbia and other countries in the region, which could be the basis for further changes and stimulation of the employment of persons with disabilities.

4. The Law on the Status and the Rights of the Martyrs, Invalids, Veterans, Members of Kosovo Liberation Army, Civilian Victims of War and their Families, No.04/L-05414

This Law predominantly applies to rights with regard to the Kosovo Liberation Army, but also includes civilian war invalids and civilian victims of war, missing civilians and other categories. Annex to this Law determines the amount of pensions that can be realised by persons defined by this Law.

5. The Law for Blind Persons, No. 04/L-09215, approved by the Kosovo Assembly on June 14, 2012

This Law governs the rights of blind persons and prohibits discrimination in order to meet international human rights standards. Definition in Serbian uses completely unacceptable terminology and a blind person is defined as a “blind”, which

14 http://gazetazyrtare.rks-gov.net/Documents/Ligji%20per%20Vlerat%20e%20Luftes%20%28anglisht%29.pdf http://www.assembly-kosova.org/common/docs/ligjet/Law%20for%20blind%20%20persons.pdf 15 http://www.assembly-kosova.org/common/docs/ligjet/Law%20for%20blind%20%20persons.pdf

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is a pejorative terminology. Article 11 of this Law allows the information in Braille for the official information of public services and literature for all school levels. This Law stipulates benefits for the blind persons in the transportation, the cost of electricity and telephone services. The Government agrees that all blind persons should be equipped with auxiliary speech software for the blind. The Laws containing relevant provisions regarding persons with disabilities are:

1. The Labour Law, No. 03/L-21216 This Law in the Article 48, entitled “Protection of Motherhood” specifies that a single parent with a child with a disability under 3 years of age should not work more than regular full-time working hours or at night.

2. The Law on Construction, No. 2004/1517 Article 31, in the inspection of the project, includes elimination of the barriers for access of persons with limited physical abilities.

3. The Anti-discrimination Law, No. 2004/318 In the framework of the prevention of discrimination against persons with disabilities, this Law aims to combat discrimination against all citizens, the general anti-discrimination law, while persons with disabilities are defined in Article 2 as persons with physical or mental disabilities. Article 4 of this law determines the scope of the Law, which applies to the following areas: employment, access to vocational training, membership in various organisations, 16 http://www.assembly-kosova.org/common/docs/ligjet/2010-212-alb.pdf 17 http://www.assembly-kosova.org/common/docs/ligjet/2004_15_al.pdf 18 http://www.assembly-kosova.org/common/docs/ligjet/2004_3_al.pdf

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social security, housing, access to goods and services, equality before the courts, personal security and participation in public affairs.

4. Law on Social Assistance Scheme, No. 2003/1519

This law provides a scheme of social assistance, which includes persons with disabilities who are defined as “persons with disabilities and dependent persons aged over 18 years who are mentally disabled or permanently and completely incapable for work. “(Article 2 - Definitions). Furthermore, there are some significant secondary legislation acts on PWDs:

Regulation No. 2000/66 on Benefits for War Invalids of Kosovo and for the Next of Kin of those who Died as a Result of the Armed Conflict20;

Regulation No. 2000/66 on Benefits for War Invalids of Kosovo and for the Next of Kin of those who Died as a Result of the Armed Conflict21;

Administrative instruction for Construction Buildings Technical Terms of Accessibility to Disabled People No. 07/2007;

Administrative instruction for Procedures of Application for Rights in Recognition of Skills, Rehabilitation, and Employment of People with Disabilities No. 03/2010 2622;

19 http://www.assembly-kosova.org/common/docs/ligjet/2003_15_al.pdf 20 UNMIK Regulation No. 2000/66 http://www.unmikonline.org/regulations/2000/reg66-00.htm 21 UNMIK Regulation No. 2000/66 http://www.unmikonline.org/regulations/2000/reg66-00.htm 22 http://mpms.rksgov.net/Portals/0/Ligji/SekondarAnglisht/Administrative%20Instruction%20No.2-

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Administrative instruction No. 2/2003 on Presentation of Disability Persons and Underage in Informative Media23 (determinates forms, conditions, procedures of exposure in informative media of abandoned infants and persons with mental disabilities who are under the responsibility of legal guardian and professional institutions of Ministry of Labour and Social Welfare).

National Disability Action Plan for the Republic of Kosovo 2009-2011, although expired by date still remains the only official Kosovo strategy in the field of disability. 4.3. Analysis Many local and international sources agree that the implementation of legislation protecting persons with disability in Kosovo has so far produced limited results. According to the European Centre for Minority Issues Kosovo (ECMI Kosovo), positive exception to this rule is the Law on Disability Pensions. The implementation of this law has been more successful, because it was approved in 2003, while Kosovo was still under international administration, which helped to ensure that a separate budget was assigned for its implementation24. On the other hand, the Law on Disability Pensions is strongly criticised for discouraging persons with disabilities to actively seek employment by permanently cutting their disability pensions from the moment of actual employment, including self-employment (Article 3.4), and furthermore asking them to repay all disability pension payments received after the 23 http://mpms.rks.gov.net/Portals/0/Ligji/SekondarAnglisht/Administrative%20Instruction%20No.2-2003%20On%20Presentation%20of%20Disability%20Persons.pdf 24 ECMI Kosovo, A Legal Handbook for Vulnerable and Marginalised Groups in Kosovo, page 162

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beginning of employment or self-employment (Article 9.2). Persons with disabilities have therefore little incentives when it comes to employment, since they risk having their regular disability pensions replaced by incomes from unstable or short-term employments, and on the other hand they are not sufficiently motivated to find employment due to low level of public awareness and the general problem of employment in the entire territory of Kosovo. The implementation of the Law on Vocational Ability, Rehabilitation and Employment of People with Disabilities (aiming to integrate persons with disabilities into the open labour market) is stagnating, mainly due to the negligence of authorities to allocate sufficient funds for its implementation. This law stipulates that all Kosovo administrative bodies and employers (from private and public sectors) with more than 50 employees are required to hire one person with disability for every 50 employees, and to ensure adequate working conditions for their employees with disabilities. The employers who do not comply with these rules risk fines and penalties, that go to the Kosovo budget and should be used for the implementation of the projects for persons with disabilities. However there is a concern that it is being adhered to neither by public nor private sector, as the penalties for failure to implement this law are limited and difficult to be charged25. Through the research we have conducted on the territory of Mitrovica and Štrpce municipalities, we came to the conclusion that this law is not implemented so the solution to the problem should be sought in its proper implementation and

25 ECMI Kosovo, A Legal Handbook for Vulnerable and Marginalised Groups in Kosovo, page 162

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improvement of incentive measures for employment of persons with disabilities. In municipalities where the analysis relating to this research is carried out, it is evident the existence and functioning of the public and private sectors working under the system of the Republic of Serbia. Therefore it is important to mention the Law on Professional Rehabilitation and Employment of Persons with Disabilities26 that does not oblige state public institutions to employ persons with disabilities, but the quota system regulates employment of persons with disabilities under this Law and provides that every employer with at least 20 employees employs one person with disability. An employer with 50 or more employees shall employ 2 persons with disabilities and on each additional 50 employees one person with disabilities should be employed. The Anti-Discrimination Law No. 2003/04, even though qualified as a very progressive and advanced, as it incorporates the best international practices and is in compliance with European standards, has not been very successful in its implementation. Some bodies, foreseen by the provisions of the Law have not been established yet (such as for instance Centre for Equal Treatment, foreseen by the Article 9.5 that should have been responsible for administering compensation). There is no action plan for the implementation of the Anti-Discrimination Law, which is in force since 2007, which represented a significant obstacle to the implementation of the Law itself. As a result, only a very small number of complaints regarding discrimination have been logged with executive bodies and, as stated in the OSCE report from 2012, single case

26 Law on Professional Rehabilitation and Employment of Persons with Disabilities http://www.kg.ac.rs/ush/dokumenta/Zakon_o_profesionalnoj_rehabilitaciji.pdf

2726

has not been resolved27. In the Republic of Serbia the Law on Prevention of Discrimination of Persons with Disabilities was adopted in 2006 and the Law on Prohibition of Discrimination was adopted in 2009.

According to the results of interviews conducted by COD in two municipalities in which the project “Innovation, Inclusion, Human Rights” is implemented, most of the respondents consider that the laws of both legal systems (Kosovo and Serbian), which provide for the protection of the rights of persons with disabilities are not implemented at all, while only 2% consider that they are properly implemented. Respondents indicate strong dissatisfaction regarding the implementation of laws relating to the rights of PWDs (89%).

Chart 1: Implementation of the laws on the rights of PWDs

According to the Ombudsman report from 2011, the adoption of several important laws such as the Law on Health Care

27 OSCE Kosovo report “Implementation Measures for Legislation Impacting Human Rights in Kosovo”, page 16 http://www.osce.org/kosovo/94360

89%

9%

2%

Are the laws on the rights of persons with disabilities implemented?

Not implemented at all I don’t know They are implemented

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Insurance and the Law on Disability and Pension Insurance remains a major challenge to the legislation. As noted in Kosovo Progress Report of the European Commission (EC) for 2011, Disability Action Plan, as well as the Law on Vocational Training and Employment of Persons with Disabilities, needs to be better enforced, and their implementation monitored. Appropriate actions at municipal level are also required. However, since this recommendation there has not been any progress noted. By date, this action plan has expired in 2011 and new municipalities with Serbian majority population, formed in the process of decentralisation, have neither adopted nor developed Local Disability Action Plans that would define the implementation of the laws in all areas relevant to the lives of persons with disabilities at the local level. As an example of good practice we can mention Gračanica municipality, which, at the request of OPD Gračanica – Muscular Dystrophy Association, adopted a Local Disability Action Plan28 in the municipality of Gračanica for the period 2013-2017 in which the following areas are determined as priorities for the lives of persons with disabilities in the municipality of Gračanica:

Raising awareness of the population Support services Accessibility Education Employment Information and research

28 http://kk.rks-gov.net/gracanice/Dokumenta/lokalniakcioniplanuoblastiinvalidnostiopstinegraca.aspx

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5. STAKEHOLDERS AND COORDINATION MECHANISMS IN KOSOVO 5.1. The Government of Kosovo All matters related to disability in Kosovo are the responsibility of the Ministry of Labour and Social Welfare. Social services are provided through 30 Centres for Social Work that operates Kosovo wide under the direct supervision of this ministry. Within the Program of the Government of the Republic of Kosovo 2011 - 2014 in the section on social welfare29, persons with disabilities are defined as a social category with special needs for whose needs funds are allocated from the Kosovo budget through the following schemes:

Scheme of Social Assistance and the Scheme for Special Needs;

Scheme of Disability Pensions; Scheme for Supporting Families with Children with

Disabilities. Under the responsibility of the Ministry of Labour and Social Welfare (MLSW)30 in the Government of the Republic of Kosovo, special attention is paid to persons with disabilities (defined as persons with special needs), regardless of ethnicity.

29 Program of the Government of the Republic of Kosovo 2011-2014, page 31 http://www.kryeministri-ks.net/repository/docs/Programi_i_Qeverise_srb_.pdf 30 Creation and improvement of the legal framework for employment and social policy - Ministry of Labour and Social Welfare http://mpms.rks-gov.net/Portals/0/Aktiviteti%20javor/Aktiviteti%20i%20MPMS%202012_sr.pdf

27

Insurance and the Law on Disability and Pension Insurance remains a major challenge to the legislation. As noted in Kosovo Progress Report of the European Commission (EC) for 2011, Disability Action Plan, as well as the Law on Vocational Training and Employment of Persons with Disabilities, needs to be better enforced, and their implementation monitored. Appropriate actions at municipal level are also required. However, since this recommendation there has not been any progress noted. By date, this action plan has expired in 2011 and new municipalities with Serbian majority population, formed in the process of decentralisation, have neither adopted nor developed Local Disability Action Plans that would define the implementation of the laws in all areas relevant to the lives of persons with disabilities at the local level. As an example of good practice we can mention Gračanica municipality, which, at the request of OPD Gračanica – Muscular Dystrophy Association, adopted a Local Disability Action Plan28 in the municipality of Gračanica for the period 2013-2017 in which the following areas are determined as priorities for the lives of persons with disabilities in the municipality of Gračanica:

Raising awareness of the population Support services Accessibility Education Employment Information and research

28 http://kk.rks-gov.net/gracanice/Dokumenta/lokalniakcioniplanuoblastiinvalidnostiopstinegraca.aspx

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In 2008, the Government of the Republic of Kosovo adopted a strategy and action plan for human rights in the period 2009-201131, which precisely sets out the rights of persons with disabilities and the following areas: Education, Health, Social Welfare, Accessibility and Statistics (within the framework of the National Plan for Persons with Disabilities of the Government of Kosovo, 2008). A draft of new strategy and action plan for human rights from 2013-2017, which does not deal directly with persons with disabilities, but has a comprehensive approach to human rights and population groups is available on-line. 5.2. Office for Kosovo and Metohija (Government of the Republic of Serbia)

Office for Kosovo and Metohija32 was established instead of the former Ministry for Kosovo and Metohija upon the formation of the new government in Serbia, in July 2012. As of the middle of 2012, the Office for Kosovo and Metohija of the Government of the Republic of Serbia oversees Serbian institution on the territory of Kosovo and Metohija and monitors human rights of Serbs living in Kosovo and Metohija. Office of Kosovo also has a mandate to address the issues of internally displaced persons from Kosovo, as well as the issues of returnees and other issues that are of importance to the daily lives of the Serbs in Kosovo. As it is well known, people living in Kosovo and Metohija have all the rights guaranteed by the Constitution of the Republic of Serbia and all laws and bylaws,

31 Strategy and Action Plan for Human Rights in period 2009-2011 32 Information on the operation of the Office for Kosovo and Metohija is available at: http://www.kim.gov.rs/rs/

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as well as provisions of the Republic of Serbia determine the rights of persons with disabilities so that PWDs from Serbian community exercise them through the Office of Kosovo and Metohija and through local institutions that operate in the territory of Štrpce and Mitrovica municipality. Thus, through the work of these institutions, Kosovo Serbs exercise their rights to social and health care, the right to employment through the work of the office of the National Employment Service (NES), the right to social and pension insurance and the right to purchase devices for persons with disabilities. 5.3. Local non-governmental organisations in the Serbian community in Kosovo directly involved in disability issues A small number of civil society organisations and organisations of persons with disabilities in the Serbian community in Kosovo deal with disability issues. Through the project “Innovation, Inclusion, Human Rights”, which brought together most of the organisations of persons with disabilities and part of civil society organisations from Štrpce and Mitrovica municipality, it is notable the lack of organisations that deal with certain specific aspects of disability. Important to note is the obvious need to increase the capacity of these organisations, primarily in the field of human rights, but also in the area of lobbying and self-advocacy, employment, social services and services that will lead to initiatives, measures and policies in order to improve the position of persons with disabilities in the Serbian community. Centre for Basic Rehabilitation is a non-governmental organisation that is very active in improving the situation of

32 31

persons with disabilities in Kosovo and gives a special contribution to the inclusion of children with learning and developmental disabilities. It also represents the only day care centre that exists in Mitrovica and Kosovo Serbian community in general. Services of the Centre for Basic Rehabilitation are used by app. 150 persons with disabilities, of which 50 are children. Day care centre organizes inclusive workshops for children, sports and recreational activities for persons with disabilities, computer courses and other activities. Organisation of Persons with Disabilities - OPD is the only organisation in Gračanica actively involved in disability issues. In addition to work on developing a local action plan for the municipality of Gračanica, they are engaged in providing legal assistance and counselling to persons with disabilities to exercise the rights provided by law and activities for persons with disabilities such as workshops, trainings and computer courses. World of Angels is civil society organisation with mandate to Protection and promote universal principles of human rights, with specific focus given to the rights of people with disabilities – PWD’s, children and women rights through active participation in development of inclusive and human rights-based environment. In Štrpce, beside organisation Future Without Fear, there is no other organisation dealing with disability issues. Through the activities of the Centre for Society Orientation an initiative for the establishment of organisations of persons with disabilities which registration process is on-going is launched. Also, this initiative was launched in Mitrovica, where during the project implementation another organisation of people with

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disabilities was registered. These organisations will primarily deal with local policies and the adoption of local action plans in the field of disability, as well as with active participation in their pursuance. On the territory of northern Kosovo activities are conducted by the disability associations such as: “Association of Disabled Veterans”, “Multiple Sclerosis Society of Kosovo and Metohija”, “Inter-municipal Association of Deaf and Partially Hearing Persons”, “Inter-municipal Association of Blind and Visually Impaired”. Through the research and interviews with members of these associations we also came to the information that the activities of these associations are often limited because of financial problems in the functioning of the associations (funding by the Ministry of Labour, Employment and Social Policy of the Republic of Serbia and local self-governments), and due to lack of capacity in organisations themselves. These associations are trying to provide their members support services such as “sign language interpreters” and “translation of documents in Braille”, but their financial and organisational capacities are not sufficient to make these services constant and quality. Unfortunately, national organisations of persons with disabilities in Kosovo, such as HandiKos or Handicap Kosovo rarely implement their activities in municipalities and regions where Serbian population is in majority. There is no constant cooperation between disability people’s organisations or civil society organisations from Serbian and Albanian communities, which consequently results in lack of capacities of disability organisations and civil society organisations of Serbian community for the rights of persons with disabilities as stipulated by laws and mechanisms to realise their rights.

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5.4. Coordination mechanisms The Kosovo National Council for Persons with Disabilities was established in April 2006 as a consultative body at the governmental level, involving the Deputy Prime Minister, 5 deputy ministers and 9 representatives of DPOs. Its aim was to coordinate implementation of legislation and to be the national coordination and consultation body on disability issues, in order to create opportunities for greater equality and to improve the living conditions of PWDs in education, employment, support services and accessibility. It is very important to note that the Kosovo National Council for Persons with Disabilities did not include representatives of the organisations of persons with disabilities and civil society organisations from the Serbian community. Most of the respondents had never heard of the existence of such council, while those who are familiar with it, do not know who are the members of this body. In their reports the Government, non-governmental organisations and the international community warned about the dysfunctionality of this Council and as a result in September 2011 the government of Kosovo made a decision to re-establish the National Council for Persons with Disabilities33, which unfortunately again does not include organisations of persons with disabilities from the Serbian community. There is no law, which defines or provides for the authority for monitoring the rights of persons with disabilities. The

33 The composition of the National Council for Persons with Disabilities can be found at: http://www.kryeministri-ks.net/repository/docs/Odluke_sa_36_sednice_vlade.pdf

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Ombudsman should work on monitoring in accordance with the Law on the Ombudsman Institution, but unfortunately, monitoring at the local level in areas with predominantly Serbian population is rarely conducted. Some non-governmental organisations of persons with disabilities are constantly working on monitoring, but there is no comprehensive mechanism that would include organisations of persons with disabilities and civil society organisations from the Serbian community in Kosovo. For the time being, most of the attention of the monitoring of the implementation of the laws comes down to the work of organisations of persons with disabilities and individuals who don' have developed capacities for comprehensive monitoring nor financial sustainability of processes and activities that require this kind of monitoring of implementation and proposed solutions in the regulatory framework. In this sense, we can estimate that the monitoring is based on the problems faced by persons with disabilities and their organisations and that there is the need for greater participation in policy formulation and in developing their capacities.

6. LOCAL CONTEXT Kosovo Serbs live in different regions in Kosovo and constitute its second largest ethnic community. Their political and socio-economic role has significantly changed in the past decades – from the period when Kosovo Serbs held the key positions in, at that time, autonomous provincial administration to such an influence being limited nowadays only to the municipalities in which they represent numerical majority. According to the Organization for Security and Co-operation in Europe (OSCE) Mission in Kosovo publication “Kosovo Communities Profiles”

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the younger people, born after the late eighties) are relatively limited. Many of officially employed Kosovo Serbs work for Serbia-run institutions and service providers (hospitals, education institutions, etc.) or for international organisations and local non-governmental organisations, while others generate or supplement their incomes through agriculture or small privately-run businesses (shops, restaurants, bars, etc.). Among Kosovo Serbs living outside of northern municipalities there is an increase in number of people employed by the municipal institutions (mainly in smaller villages), public companies (KEK, PTK, etc.) and the police. Unemployed Kosovo Serbs rely on social and humanitarian assistance and subsidies provided from Serbia, international donors or Kosovo institutions (to a limited extent), minimum salaries from previous public employment or pensions. Difficulties in accessing employment and sustainable income generating activities, along with security concerns are the main obstacles for return and successful reintegration of Kosovo Serbs to Kosovo. In the presented framework it can be concluded that persons with disabilities do not have sufficient preconditions for the exercise of their rights, and that the communities have restrictions that draw attention from the issues of importance to persons with disabilities. In the study, conducted among persons with disabilities, general opinion prevails that the problems faced by persons with disabilities at the local level do not have such importance at the community level, and that issues such as accessibility, range of social and health services or employment of persons with disabilities are ignored comparing to the problems and difficulties faced by the general population, so in a situation of high unemployment the focus problems of persons with disabilities in the labour market remain in the shadow for the time being.

35

the number of municipalities with a Kosovo-Serb majority increased from four to nine (after process of decentralisation and local elections held in 2009), giving the community a greater role in local governance. After 1999, the community established local institutions of government that continued to operate with the financial support from the Republic of Serbia. The mentioned OSCE “Kosovo Communities Profiles” enumerates among the key community issues the following:

Limited participation in Kosovo institutions, particularly at the central level;

Real or perceived lack of security and limited freedom of movements in some areas;

Low number of returns due to unresolved property rights issues, the lack of economic sustainability and security perceptions;

Illegal occupation (or illegal use) of agricultural land owned by Kosovo Serbs;

Shortage of sustainable economic opportunities and dependence on aid from various sources.

For persons with disabilities access to social services and social protection is of particular importance. In the use of social welfare services, Kosovo Serbs can rely both on the institutions of Kosovo and Serbia. However, the study reveals that persons with disabilities often rely on the institutions of the Republic of Serbia as regards to social services while only a small number relies on the Kosovo institutions. Thus, in the region of Mitrovica the exercising of the right to benefits under the social security relies solely on the institutions of the Republic of Serbia. In terms of employment, perspectives for Kosovo Serbs who don’t speak Albanian language (which is the case for most of

3736

the younger people, born after the late eighties) are relatively limited. Many of officially employed Kosovo Serbs work for Serbia-run institutions and service providers (hospitals, education institutions, etc.) or for international organisations and local non-governmental organisations, while others generate or supplement their incomes through agriculture or small privately-run businesses (shops, restaurants, bars, etc.). Among Kosovo Serbs living outside of northern municipalities there is an increase in number of people employed by the municipal institutions (mainly in smaller villages), public companies (KEK, PTK, etc.) and the police. Unemployed Kosovo Serbs rely on social and humanitarian assistance and subsidies provided from Serbia, international donors or Kosovo institutions (to a limited extent), minimum salaries from previous public employment or pensions. Difficulties in accessing employment and sustainable income generating activities, along with security concerns are the main obstacles for return and successful reintegration of Kosovo Serbs to Kosovo. In the presented framework it can be concluded that persons with disabilities do not have sufficient preconditions for the exercise of their rights, and that the communities have restrictions that draw attention from the issues of importance to persons with disabilities. In the study, conducted among persons with disabilities, general opinion prevails that the problems faced by persons with disabilities at the local level do not have such importance at the community level, and that issues such as accessibility, range of social and health services or employment of persons with disabilities are ignored comparing to the problems and difficulties faced by the general population, so in a situation of high unemployment the focus problems of persons with disabilities in the labour market remain in the shadow for the time being.

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Security threats and limited freedom of movement remain an important issue for Kosovo Serbs, as incidents against persons, private property and sites of religious and cultural importance continue to occur. Kosovo Serbs rarely use public transport to travel outside of their settlements and across Kosovo, relying mostly on private means of transportation, taxi services and humanitarian buses. After the 2008 Kosovo declaration of independence, the Kosovo Serbian community has withdrawn from Kosovo’s institutions and public life and Serbia-run institutions gained more influence in terms of local governance and service provision. While in some regions, the presence of Serbia-run institutions is mostly symbolic or even not available at all, in others, especially in the northern part, they are the main part of the local governance and provide to Kosovo Serbs the required services, including administration, education and health. Kosovo Serbs are relatively well represented at the central level. Ten Kosovo Serbs hold seats in the Assembly of Kosovo. They are also part of the Kosovo Government and are responsible for the operation of several ministries such as the Ministry of Labour and Social Welfare, the Ministry for Communities and Return and the Ministry for Local Government Administration. However, community participation is limited due to the boycott of parliamentary elections after declaring independence of Kosovo in 2009. The Kosovo Serbian community has a relatively limited access to both printed and electronic media. Radio and Television of Kosovo (RTK) broadcasts 15 minutes of daily news and one-hour weekly documentary in the Serbian language. The community relies mainly on TV channels from Serbia. The quality of reception of TV channels broadcast from Serbia is

39

38

good in many municipalities; in others, the community has access only through cable or satellite TV. Serbian television producers have launched the “TV Mreža”, a network linking four Serbian language television stations around Kosovo and covering 80% of the Kosovo Serb population. The Kosovo Media Association radio network in Serbian broadcasts throughout Kosovo. Nearly all municipalities have access to local radio stations that broadcast in Serbian. A while ago, another channel of Radio Television of Kosovo was established, which will broadcast in Serbian language and the languages of minority groups, but it does not work at full capacity and has no coverage in most areas inhabited by Kosovo Serbs. Newspapers are, on the other hand, only available for those Kosovo Serbs who live in areas in which they represent the majority. Many Kosovo Serbs feel cut off from current events in and about Kosovo. In these circumstances, limitations of persons with disabilities are more visible and marginalisation is followed by discrimination in terms of exercising the rights of the above mentioned areas, from available formats of information to sustainable transport of persons with disabilities and providing tailored services to persons with disabilities, necessary for daily functioning in local communities. 6.1. Mitrovica Community Profile Since the 1999 conflict, Mitrovica town has been divided along the Ibar River with nearly all Kosovo Serbs living in the north

40

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and Kosovo Albanians in the south. The municipality consists of Mitrovica town and 45 villages. According to OSCE municipal profile from November 2011, in the northern part of Mitrovica, there are approximately 29, 460 inhabitants. In post-conflict and unstable political situation, persons with disabilities and their rights are not sufficiently recognised, resulting in the marginalisation of persons with disabilities. Nonetheless, organisations of persons with disabilities in these circumstances and limited financial resources and capacities provide support to the users and members. Local institutions start to recognise the need to address the problems faced by persons with disabilities. Jurisdiction and further development of the municipality in the political context are still burdened with finding the solutions that will be based on long-term plans. The initiatives exist but they need considerable improvement. Serbian institutions organised municipal elections in the northern part of Mitrovica in May 2010 and formed the “Kosovska Mitrovica” municipal assembly with 30 seats. This municipal administration is headed by municipal president Dragiša Vlašković (in position since March 2013, since the resignation of former president who was appointed the deputy director of Serbian government Office for Kosovo and Metohija) and it consists of seven departments: inspection, legal and property department, general administration, finances, social affairs, economic development and urbanism. After the signing of the Brussels Agreement in April 2013, it is expected that the municipality of Mitrovica operates and is involved in the general system of Kosovo and decentralised according to the Ahtisaari plan for Kosovo. The elections were announced by President of Kosovo, Atifete Athijaga and they will be held on November 3, 2013.

4140

The economy in the northern part of the town relies on investments from the Serbian government: the Ministry of Health and the Ministry of Education are the main employers, followed by the local administration, and publicly owned enterprises. There are also a few hundred small businesses which provide goods and services. From 2010, Office for Kosovo and Metohija adopted the program for distribution and use of funds to encourage entrepreneurship in Kosovo and Metohija by granting loans for the purchase, which particularly encourages small and medium entrepreneurship. In the northern part of Mitrovica, all the main roads are asphalted. The urban area of the northern Mitrovica and three villages are connected to Mitrovica regional water and sewage supply systems. Since October 2009, northern part of Mitrovica has been connected to the power supply network of the Serbian Electric Corporation (EPS). In the northern part of Mitrovica, there is one regional hospital and one health centre operating under the Serbian Ministry of Health. The hospital serves as the main health institution for Kosovo Serbs from across Kosovo. There is also a students’ policlinic that provides health care services for students within the university complex.

In northern Mitrovica, there are 11 primary schools and four 4 secondary schools, one kindergarten and other specialised schools. The majority of the students are Kosovo Serbs with a small number of Kosovo Bosniaks Kosovo Gorani and Roma. There is also a public University in northern Mitrovica, founded by the Ministry of Education of the Republic of Serbia, offering lectures in Serbian language.

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Although there are no official data on the exact number of persons with disabilities in the municipality of Mitrovica, COD, through its research came to the information that there are 432 persons with disabilities in the municipality, which are the data from the Centre for Social Work, Municipality of Mitrovica and associations of persons with disabilities. Number of persons with disabilities: Disability category: Physical disability- 58 Hearing and speech impairment - 80 Blind and visually impaired - 107 Multiple sclerosis - 29 Intellectual disability - 50 Psychosocial disability – 28 Children with disabilities – 80 (there are no data on the type of disability)

Chart 2: CSW data on the number and types of disabilities of persons with disabilities in the Municipality of Mitrovica

58

80

107 29

50

28

80

Number and types of disability of PWDs in Mitrovica

Physical disability

Hearing and speech impairment Blind and visually impaired Multiple sclerosis

Intellectual disability

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We have to note that these are the official information of the Centre for Social Work, which does not represent the official number of persons with disabilities in the municipality of Mitrovica, which is assumed to be much higher. 6.2. Štrpce Community Profile According to OSCE municipal profile of the municipality of Štrpce, including Štrpce town and 16 villages has a population of 13.630 (9.100 Kosovo Serbs residing in town and 11 villages, 4.500 Kosovo Albanians mainly residing in villages and 30 Kosovo Roma mainly residing in town). There are also about 900 displaced Kosovo Serbs and refugees from Croatia residing in the municipality and living in the collective shelters in Brezovica and in private houses. The municipality is headed by the mayor, Bratislav Nikolić and the municipal assembly has 19 seats distributed among Kosovo Albanians (10 seats) and Kosovo Serbs (9 seats). In Štrpce municipality there are two local governments operating parallel to each other; the local government operating under Kosovo system (based on the results of the elections organised in fall 2009) and the local self-administration that had been there since 1986, financed by Belgrade, but without any significant political influence. The two administrations cooperate well in the framework of the overall decentralisation process taking place in Kosovo, with Kosovo Albanian side interpreting the question of two parallel administrations as a purely political one. The economy of the municipality of Štrpce is mainly based on agriculture, raspberry growth, tourism and small and medium-sized enterprises. Municipality is best known for the ski resort in Brezovica and the Šara National Park, the only national park

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in Kosovo, which extends over 4 municipalities and has over 60 % of its area located in Štrpce municipality. Unfortunately, the ski centre is not functioning at full capacity, which means that it does not contribute to the economic development of the municipality. The overall status of infrastructure in Štrpce municipality is assessed as good. Most of the roads connecting villages with the urban centre are asphalted. Štrpce town and most villages are connected to water supply and sewage systems. Power supply has improved since August 2009, as residents started paying the electricity bills to KEK. The primary health care system currently includes one municipal family health centre located in Štrpce town and seven health centres in both Kosovo Serb and Kosovo Albanian villages. Health sector employs doctors, nurses and support staff that work under Kosovo system. In addition, there are approximately 300 employees working in the municipal family health centre in Štrpce town, being paid by the Serbian Ministry of Health. Both Kosovo Serbs and Kosovo Albanians have access to health care and all the health facilities regardless of the system under which those operate. In the framework of general decentralisation process, the municipality was given responsibility from the central level to provide secondary health protection and a new hospital is under construction. There are 6 primary schools; 2 secondary schools, and 1 kindergarten. Three primary and one secondary school attended by Kosovo Serbs are working under the Serbian Ministry of Education. The municipality has an access ramp for persons with disabilities and is committed to further improvement of their position in the municipality. Disabled people’s organisations

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almost don’t exist, while the existing civil sector is committed to protecting the rights of persons with disabilities and there is openness to issues of interest to the field of disability. There are initiatives for improving the capacities and visibility of persons with disabilities, a greater understanding of the environment which resulted in the establishment of organisation of persons with disabilities which is in the process of registration. It is necessary to significantly improve the situation of persons with disabilities at the level of municipalities and rural areas where most persons with disability live, with an emphasis on the education of persons with disabilities, families and general population on issues of the rights of persons with disabilities. One of the main tasks is to raise public awareness and understanding of disability issues in order to change the perception of their abilities. Although there are no official data on the exact number of persons with disabilities in the municipality Štrpce, COD through its research came to the information that there are 122 persons with disabilities in the municipality, which are the data from the Centre for Social Work, municipality Štrpce and civil society organisation “Future without Fear”. Unfortunately, data on the disability category are not available for Štrpce. We will try to present you the position of persons with disabilities in social, economic and political context of the post-conflict period in which many questions still have not been resolved according to the fields and the problems that persons with disabilities face.

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7. MAIN CHALLENGES AND PROBLEMS FACED BY PERSONS WITH DISABILITIES IN SERBIAN COMMUNITY IN KOSOVO

7.1. Social and health care and social services

Social and health care are an important part of living conditions in which persons with disabilities live. The existing system of social services in the community plays a key role in improving the quality of life and ensuring social protection34. Social services should be accessible to persons with disabilities at affordable price, including a personal choice, i.e. based on the principles of human rights and freedom of choice of the individual, and the quality of social services for persons with disabilities is a requirement for every individual in order to have independent living and actively participate in the society35. Social protection is an important segment of the UN Convention on the Rights of Persons with Disabilities within which the right to social protection for persons with disabilities is recognised. To be able to enjoy this right it is necessary to fulfil certain requirements: to enable access to social services that are affordable, also within the tendency to reduce poverty the state must take measures through the system of assistance related to the disability, programs of social housing and access

34 Social Services for Persons with Disabilities as Support for Equal Socio-economic Development, Monitoring Report 2012, Center for Society Orientation, 2012, page 18 http://sr.cod.rs/images/COD_Monitoring-izvestaj-2012_Socijalni_servisi-2012.pdf35 Disability High Level Group Position Paper: Quality of the Social Services of General Interest, October 2007

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to benefits in connection with the exercising the right to the pension.

In the framework of the EU Strategy for Persons with Disabilities 2010-2020 part of the scope of the action is social protection36. The document notes that the problem is often low level of participation in the educational system and the labour market which causes inequity and social exclusion of persons with disabilities and it is necessary to provide system of social protection and poverty reduction programs in order to promote decent living conditions for persons with disabilities. There are two main programmes of social assistance of the Government of Kosovo and the Ministry of Labour and Social Welfare in Kosovo, which are directly related to persons with disabilities: direct funds allocated for persons with disabilities and disability pensions. This social assistance scheme was created in order to fill in the holes and gaps such as children’s allowance (child benefit), sick leave and unemployment benefits.

36 European Disability Strategy 2010-2020, Section 6- Social Protection, page 8. The whole document can be downloaded at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF

«…recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability. »

UN Convention on the Rights of Persons with Disabilities, Article 28. Adequate standard of living and social protection

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7. MAIN CHALLENGES AND PROBLEMS FACED BY PERSONS WITH DISABILITIES IN SERBIAN COMMUNITY IN KOSOVO

7.1. Social and health care and social services

Social and health care are an important part of living conditions in which persons with disabilities live. The existing system of social services in the community plays a key role in improving the quality of life and ensuring social protection34. Social services should be accessible to persons with disabilities at affordable price, including a personal choice, i.e. based on the principles of human rights and freedom of choice of the individual, and the quality of social services for persons with disabilities is a requirement for every individual in order to have independent living and actively participate in the society35. Social protection is an important segment of the UN Convention on the Rights of Persons with Disabilities within which the right to social protection for persons with disabilities is recognised. To be able to enjoy this right it is necessary to fulfil certain requirements: to enable access to social services that are affordable, also within the tendency to reduce poverty the state must take measures through the system of assistance related to the disability, programs of social housing and access

34 Social Services for Persons with Disabilities as Support for Equal Socio-economic Development, Monitoring Report 2012, Center for Society Orientation, 2012, page 18 http://sr.cod.rs/images/COD_Monitoring-izvestaj-2012_Socijalni_servisi-2012.pdf35 Disability High Level Group Position Paper: Quality of the Social Services of General Interest, October 2007

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What seems to improve the situation of Kosovo Serbs is that they have the access to this kind of assistance from both sides - from Kosovo and Serbian institutions. However, the data we have show that, the Kosovo Centre for Social Work registers only 20 persons with disabilities in Štrpce (15 adults and 5 children), while 10 persons with disabilities receive support in the average amount of 66 €; and most of the persons with disabilities are registered in the Centre for Social Work - 122 people of which 60 beneficiaries receiving material allowance, functioning in the system of Štrpce municipality, which is funded by the Government of the Republic of Serbia. Number of persons with disabilities receiving social welfare allowance in Štrpce Municipality:

Chart 3: Total number of persons with disabilities using material allowance in

Štrpce Municipality Regardless that the Kosovo Serbs in the areas south of the Ibar river have opportunities for carer’s allowance on both sides,

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20

Number of PWDs users of social welfare allowance

Material allowance allocated from the budget of the Republic of Serbia Material allowance allocated from the budget of the Government of Kosovo

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these funds are not used enough, and they are often not enough to cover basic needs and expenses of persons with disabilities. On the territory of northern Kosovo, particularly in Mitrovica, carer’s allowance and material assistance that persons with disabilities receive only comes from the Republic of Serbia because of the political situation and unacceptance of Kosovo institutions in the north.

The Ministry of Labour, Employment and Social Policy of the Republic of Serbia on the territory of Kosovo pays cash benefits as well as special financial benefits, such as carer’s allowance. According to the data of the Office of the Government of Serbia for Kosovo and Metohija in January 2013 the social benefits provided by the Republic of Serbia in Kosovo are:

Benefits to families with children (app. 6500 users), Benefits for new-borns (1400 users), Carer’s allowance (800 users), Cash benefits (2700 users), Benefits to the returnee families (app. 500 families) and Benefits to persons of the kidnapped and missing (app.

10 families). An important question and what we want to point out in this report is that the financial benefits and compensation are the only types of social services which institutions (of both systems) provide to persons with disabilities and their families. A great problem for all persons with disabilities in the Serbian community in Kosovo is the lack of social services for persons with disabilities. In the context of this report - social services consist of a large number of different services aimed at improving the living conditions of persons with disabilities. They contribute to non-

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discrimination, equality, equal opportunities, protection of human health and the improvement of living standards and quality of life from the perspective of human rights to make services, which are built in the system of social protection of the state, act as key instruments in the struggle against poverty and social exclusion, by creating equal opportunities for all, and thus strengthen the capacities of individuals to fully participate in the society. States should guarantee access to social services to all citizens.

There is an evident lack of services in the municipalities covered by this report. System of services as a support for persons with disabilities in Mitrovica and Štrpce almost does not exist. According to the available information, social services for persons with disabilities do not exist in other areas inhabited by Kosovo Serbs as well. Persons with disabilities are generally seen as passive recipients of charity and social benefits. The society generally sees disability, rather than the possibilities of persons with disabilities. In most cases, persons with disabilities are excluded from the socio-economic programmes. The only way for persons with disabilities to be equally involved in the socio-economic development at the local level and beyond, is the development of sustainable and adequate social services based on the needs of persons with disabilities.

«...Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community»

Article 19, UN Convention on the Rights of Persons with Disabilities

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As regards social services, the laws provide for a decentralised system of services for PWDs that are based on local service providers, including local institutions and independent service providers. This system implies that local governments are the key factors that are responsible for defining the local needs of PWDs, to provide advice and recommendations to the independent service providers, as well as provide funding for services. These competences of local self-government are under the supervision of the Ministry of Labour and Social Welfare. Kosovo municipalities have two sources of financing available: their own income and government transfers. They are very dependent on the central budget, as own resources are insufficient to meet the urgent needs at the local level. This has a significant impact on the quality and provision of social services. Regardless of the provisions, social services have not become functional and often not even identified at the local level:

Transportation: One of the basic services for persons with disabilities is a transportation service which does not exist in the municipalities in which the survey was conducted. PWDs usually rely on their own transportation if they possess a vehicle, or on taxi services. There were initiatives of some organisations from Mitrovica to start this (transportation) service, but because of the lack of funds, this service became unsustainable. Public transportation should also be accessible

to persons with disabilities, but for the time being it is missing,

«Transportation service does not exist, so we are limited in movement, there is no public transportation that would be accessible to persons with disabilities, so we often stay locked up at home.»

Focus group participant from Mitrovica

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as within the public transportation system there are not buses that are adapted for passengers with disabilities. In addition, a range of factors affects the use of public transport, such as dropped curbs, accessible bus stops and the possibility of free movement of wheelchair users. It is evident that the problems of transportation and seeking their solutions must rely on multi-sectorial approach that would involve persons with disabilities in future planning. Day care centres: The only day centre for persons with disabilities in the Serbian community in Kosovo is located in Mitrovica, managed by the Centre for Basic Rehabilitation and Hendikos, and is equipped in a modern manner. In other areas, day care centres do not exist, which primarily leads to the exclusion of persons with disabilities in society, affects their psychological and physical health and prevent family members to be employed.

If a day care centre or a similar service in which persons with intellectual disabilities could actively spend time with the professionals existed, that would mean that the caregivers of these persons could be employed, and persons with intellectual disabilities could have the opportunity to spend their time actively and develop themselves. In the current situation, the rights of parents/guardians and children are denied.

«I cannot get a job because I have to be with my daughter as there is no one to take care of her. I saw that in some cities there are day care centers in which various activities for children with such problems are conducted, but such day center does not exist here. »

Mother of girl with intellectual disability from Štrpce

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Day care centres, as a service in the countries of the region, gains in importance, especially in the deinstitutionalisation process which allows persons with disabilities to spend their lives in the local community. Access to day care centres, in addition to their existence, should be oriented towards the person, and special attention should be directed towards civil sector, as it is noted that, for example, in the Republic of Serbia this sector is equated with the state in providing this type of services. However, special attention should be directed towards creation of programmes, because even day care centres may affect their isolation, and the goal is primarily that each individual develops their skills, knowledge and social contacts. It is necessary to promote quality systems and procedures in the general context of the provision of services and tailor services to the real needs of their users within the existing system of providing this service and the establishment of new ones in accordance with the needs of the local community. Sign language service: In Mitrovica, there is a service of sign language interpreters, who provide their services to the members of the association. What is alarming is that not a single institution has their own sign language interpreter, and they do not use the services of an interpreter service that exists and it presents a barrier in communication between institutions, institutions and citizens who are deaf or have a hearing impairment. Therefore, it is impossible to expect that citizens who need this service of sign language in important contacts within institutions enjoy their rights. There is an evident lack of this service, which can also be said for the

«My daughter spends most of her time isolated in the house and I cannot work.»

Mother of a girl with intellectual disability from Štrpce

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«Sign language is a living thing that changes, there are some new words and signs that participant of the training from Štrpce cannot understand, therefore they cannot understand our translation and interpreting and properly follow the training.»

Project sign language interpreters

legislation, as there the law regulating this field is still missing. In RS this problem has been actualised, which resulted in the law that will regulate this area, which is in the procedure. In

Kosovo legislation, there is no law to regulate this area, but the fact that the Law for Blind Persons already exists is encouraging, as well as that in the near future the Law that would allow persons who cannot hear the improvement of their position in society will be enacted. The need of support to organisations of deaf and partially hearing persons is evident, particularly taking into consideration that the institutions, establishments of importance to deaf persons unfortunately are unable to communicate with its citizens who cannot hear. While in Mitrovica members of the association “Inter-municipal Association of the Deaf and Partially Hearing Persons” can obtain sign language interpreter services, in other municipalities with Serbian majority in Kosovo there are NO sign language interpreter services, that is, there is lack of sign language interpreters. Therefore, the knowledge of sign language of the deaf peoples is also questionable.

«Going to the doctor, the pharmacy or the municipality building is a big problem, because I cannot say what I need and what I want because I cannot communicate, I have to write everything on the paper. »

A deaf person from Štrpce, participant on the local trainings

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During the activities under the project, the idea of organising the course “Fundamentals of sign language” in Štrpce was initiated, as an opportunity to create conditions for the establishment of sign language translation service. Finding appropriate ways of funding the course can represent a great foundation for inter-municipal cooperation and development of services needed in communications and information. Personal assistance services: Personal assistance, as a social service, does not exist in Mitrovica and Štrpce, or in other places, and persons in need for this type of assistance may hire assistants at their own expense or rely on family support. Also, there is no training for personal assistants in Kosovo in the Serbian community. Personal assistants present an important link in the creation of conditions of independent living for persons with disabilities. Otherwise, with the lack of personal assistance services PWDs may be deprived of achieving full participation in society and often only within the family satisfy their needs as opposed to the concept of human rights. In addition to sustainability of personal assistance as a support service, it is important to mention tendencies within the Council of Europe, which emphasises the choice of individual as a key factor in achieving rights, independent planning and possibility of the utmost control over the issues of personal importance, including dismissing their personal assistants37. It is important to mention the quality of services; in addition to their existence they must meet certain principles such as availability, accessibility, orientation to individual needs,

37 CommDH/ Issues Paper (2012)3, The Right of People with Disabilities to Live independently and be included in the Community: https://wcd.coe.int/ ViewDoc.jsp?id=1917847#P418_63798

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comprehensiveness, continuity and the ability to evaluate quality38. In addition to the accessibility of personal assistance services, a range of issues related to accessibility (accessibility to public institutions, educational institutions, workplace, communication, etc.) must be met in order not to reduce personal assistance to a service that has no pretensions to eliminate all forms of marginalisation and isolation related to social life in the community.

Rehabilitation services (rehabilitation treatment, the right to medical devices): Habitation and rehabilitation services for persons with disabilities were traditionally provided in residential and indoor facilities, often with large capacities which were accompanied by unacceptable living conditions. Rehabilitation services and services in rehabilitation fall within the domain of health services. Kosovo Serbs in 99 % of cases use health services in the system of the Republic of Serbia on the basis of the Healthcare Act39, Article 2 describing health care as a series of measures that serve to maintain and improve the 38 Social Services for Persons with Disabilities as Support for Equal Socio-economic Development, Monitoring Report 2012, Center for Society Orientation, 2012, page 27 39 Healthcare Act, “Official Gazette of the Republic of Serbia”. Nos. 107/2005, 72/2009- sec. law, 88/2010, 99/2010, 57/2011, 119/2012 and 45/2013 – sec. law

«I need help on a daily basis, but I did not miss it because my wife was always by my side. For that reason I didn‘t have a feeling of lack of support. But we have a small child at home and the problem is because my wife needs to devote to him and to me. If I had the service of personal assistant, I could dedicate myself more to the work of the organisation.»

Project participant

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health of citizens, early detection, timely and effective treatment and rehabilitation. Persons with disabilities have the right to access to health services without discrimination based on disability. This includes health care related to disability, as well as access to services related to general health. The analysis shows that the field of health, habilitation and rehabilitation is one of the most important for the interviewed persons with disabilities. Persons with disabilities are often faced with the problem of inability to go to a spa treatment as a result of restrictive legal provisions, which is supported by the following quotes:

The right to health care also includes medical rehabilitation in the event of illness or injury, as well as prosthetic, orthotic and other devices for moving, standing and sitting, sight, hearing and speech devices (medical-technical devices). Medical rehabilitation implies establishment, application and evaluation of rehabilitation procedures and the Republic Fund determines the manner of medical rehabilitation use by the Rulebook on the Content and Scope of the Right to Health Care under the

«Procedures for obtaining spa treatment are very complicated, millions of examinations which must be done in order to comply with the procedures; you have to collect millions of paperworks and than you go to the medical commision which meets infrequently and outside our municipality.»

Interviewee from Jažice village, municipality Štrpce

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Compulsory Health Insurance and Participation for 201340, which actually determines the rights of insured on medical-technical devices, medical rehabilitation in the case of injury or illness, etc. Exercising the right to orthopaedic devices is often a challenge for persons with disabilities due to complicated and restrictive procedures for achieving these types of right: Kosovo Serbs usually acquire orthopaedic devices in Belgrade – from the Republic Fund of Health Insurance or donations from companies or international donations. The problem is also their service, the hospital in Mitrovica cooperates with the company in Kragujevac, which performs orthopaedic service, but some respondents complained about the quality of services provided.

40 Regulation on the Content and Scope of the Right to Health Care under the Compulsory Health Insurance and Participation for 2013, “Official Gazette of the Republic of Serbia”, No. 124/2012

«I needed a medical device, that is, prosthesis, but I previously had to get the refferal from a chosen doctor, than to have the examination at the physiatrists to get the signature...than the orthopaedist examination, then social welfare department... it takes a lot of time and paperwork. And also, if I have to go to Belgrade for taking measures... a lot of problems.»

Interviewee from Jažice village, municipality Štrpce

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Availability of services and health care services: Patients’ rights are determined by the Law on the Rights of Patients41, which observes patients through the prism of the general health services and care. Article 6 of this Law establishes the right to access to health services so the patient has the right to affordable, quality health care in accordance with their health condition. This Article prohibits discrimination on various grounds, without specifying discrimination against persons with disabilities, but indirectly on the basis of differences that can be the cause of discrimination includes this important issue in its framework. Within the Kosovo legislation, we highlight the Law on Health42 that perceives persons with disabilities as persons with limited abilities. Article 5 of the principles of implementation in health care guarantees full and easy access to services for persons with disabilities. The inaccessibility of health services, lack of adjustment of diagnostic and therapeutic equipment, facilities, medical 41 The Law on the Rights of Patients, “Official Gazette of the Republic of Serbia”, No. 45/13 42 Law on Health, 04/L-125 available at: http://www.kuvendikosoves.org/common/docs/ligjet/Zakon%20o%20zdravstvu.pdf

«All medical services are availabe to my son, but problems arise when we have to go to examinations... the ambulance comes in front of the house, but we have to bring him into the vehicle and then we arrive to the health center and since the doctor's office is on the second floor, the doctor has to examine him in the corridor... going to the dentist is also impossible because of the inaccessibility. For some examinations doctors come to our home.»

Father of the person with Down syndrome from Štrpce

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transportation and communication accessibility is one of the causes of exclusion of access to health services of persons with disabilities. Recommendations for the improvement of the situation in the field of social and health services – support services

In order to decentralise financing of services at local level, it is necessary to prioritise services and plan financial sustainability. This can be achieved by developing local action plans on the principles of multi-sectorial cooperation which enhance the capacities of local self-governments. Financial sustainability can be provided by accessing to international funds for what it is also necessary to continuously strengthen the capacities of local self-governments and civil sector;

Improve capacities of local organisations of persons with disabilities in mapping and provision of support services;

Educate staff of local institutions on the rights of persons with disabilities;

Consistently develop and apply quality standards in the provision of services, especially in the area of greater participation of beneficiaries in the evaluation of certain social service;

Legally regulate important issues relevant to all persons with disabilities, such as the sign language service;

Enable accessibility of facilities and social and health services at the level of local communities;

Improve awareness of stakeholders in social and health care on the road of full inclusion of persons with disabilities;

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Improve access to health services and services for persons with disabilities, from physical/architectural accessibility of objects and appropriate adaptations of medical equipment and procedures, to finding alternative means of communication with persons with disabilities.

7.2. Education

Education represents the initial link in the chain of socialisation, independence and inclusion of persons with disabilities. Education is the foundation of effective and independent participation in the free society, increasing the level of knowledge and competences, chances on the open market, equal participation in social development processes. Persons with disabilities should not be excluded from the education system on the basis of disability and the state is obliged to provide the conditions in the framework of compulsory education and the opportunity to continue their education. By relying on the concept of human rights and overcoming the narrow confines of the medical model views of disability, inclusive education becomes imperative in quality, reasonably adapted education with appropriate support within the general education system, with effective support measures at the individual level in line with the goal of full participation - inclusive education43. The EU Disability Strategy includes the issue of inclusive education for persons with disabilities. The strategy emphasises the need to promote inclusive education and lifelong learning for pupils and students with disabilities. There is a need to get

43 Systemic Monitoring, Monitoring of Laws and Policies in the Field of Disability, Center for Society Orientation, 2013, page 65

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persons with disabilities in the educational framework integrated into the general education system and also to provide them with adequate individual support. Education is the starting point for inclusion of persons with disabilities in the society. With good education, they acquire the prerequisites for the competence in the labour market as a precondition for equal independent living. The obstacles in this regard are limited to the environment, and on the road to equality persons with disabilities are determined to undertake necessary steps within the system such as the inclusion in the education system.

Kosovo Serbs acquire their education in schools and educational institutions of the Republic of Serbia under the Law of Inclusive Education. With the adoption of the Law on Inclusive Education, there has been a harmonisation of the education system. Formerly, the education system for children and youth with disabilities in Serbia was parallel and not in line with the regular, general education. In recent years, some progress towards the introduction of more inclusive practice can be seen, which the new Law on the Foundations of Education has certainly contributed to. Adoption of the Law on the Fundamentals of the Education System created conditions through systematic and institutionalised support to facilitate the successful inclusion of all children in the

«... Persons with disabilities can access an inclusive, quality and free primary education and secondary education on an equal basis with others in the communities in which they live...effective individualised support measures are provided in environments that maximize academic and social development, consistent with the goal of full inclusion.»

Article 24 – Education, UNCRPD

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educational process. Section 6 guarantees the right to education to every person. The citizens of the Republic of Serbia shall be equal in exercising their right regardless of their gender, race, national, religious and language background, social and cultural background, financial status, age, physical and psychological constitution, developmental impairments or disabilities, political opinion or another personal trait. Persons with “developmental impairments and disabilities” shall be entitled to education and pedagogy which takes into consideration their educational needs within the regular education and pedagogy system, within the regular system with individual or group additional assistance or in a special preschool group or school, in accordance with the law. According to the records of the Centre for Basic Rehabilitation in Mitrovica received from representative of Ministry of Education of RS, 66 students with disabilities in Mitrovicaattend primary, secondary and special schools.

Chart 4: Number of students with disabilities in Mitrovica

0 5

10 15 20 25 30

Primary school

Secondary school

Special school

27

15

24

Number of students with disability in Mitrovica

Primary school Secondary school Special school

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According to the information from the representatives of primary and secondary schools in the municipality Štrpce, 25 students with disabilities attend school.

Chart 5: Number of students with disabilities in Štrpce

Representatives of the Ministry of Education officially announced the start of the implementation of an inclusive education of children with disabilities, that is, the inclusion of children with disabilities in regular classes since autumn 2010, and organised education for teachers. “The process of inclusion has started in Mitrovica, we had pilot projects for children in the preschool age, and pilot projects started in Mitrovica and Zubin Potok. However, some parents have problems with pedagogues and school management. A boy with autism attending secondary school says that there are no major problems. On the other hand, according to the information from the Centre for Basic Rehabilitation from Mitrovica, we have a situation of two sisters with cerebral palsy, one of them is immobile and her mother must carry her

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Number of studnets with disability in Štrpce

Primary school Secondary school

6564

every day to the third floor to the classroom, which represents a direct violation of the principle of dignity. There is a special school for children and youth with disabilities “Kosovo peony” (“Kosovski božur”), for elementary and secondary education in Mitrovica. Before the conflict, the building was on the south side of Mitrovica and since 1999 the Ministry of Education of the Republic of Serbia has built a building in the northern part of Mitrovica. School has 24 students. Most of the students are persons with sensory and intellectual and psychosocial disabilities. There are also cases of discrimination against persons with disabilities in education. The case of student with autism, who was allowed the enrolment in primary school “Branko Radičević” by the commission faced with protest from the school principal, teacher and parents of children from the class - and the parents of the child with autism have made a decision to enrol their child in the school in Zupče village in the municipality of Zubin Potok. On the other hand, the level of awareness of peers, parents of other children and even teachers is not raised enough, and the interviewees testified about the humiliation and even physical abuse and a very low level of acceptance of their peers. Through interviews with interviewees who had previously completed primary and secondary education we have concluded that among them there are those who had experienced a violation of the principles of participation, inclusion and accessibility, and as the reason was alleged lack of support services in education, teaching appliances and physical inaccessibility of the facility. Although the Law precisely enacts the obligation on schools to remove physical

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barriers, in reality there are only a small number of schools that are adapted.

According to the conducted research, persons with physical disabilities and chronic illnesses are more likely to attend or have attended regular schools (68 %) compared to those with sensory disabilities less attending regular schools (44%) and those with intellectual or psychosocial disabilities or (26%).

Chart 6: The percentage of persons with disabilities who attended regular school

Recommendations for the improvement of the situation in the field of education

Enable persons with disabilities attending regular schools without discrimination, given the cases which discuss in favour of discrimination a greater actualisation and raising community awareness of the problems faced by persons with disabilities is required;

Sanction all forms of discrimination that occur in practice and provide teaching staff additional training

68%

64%

22%

Percentage of PWDs who attended school in regular eduactional system

Physical disability/chronic illnesses Sensory disability

Intellectual/psychosocial disability

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on the rights of persons with disabilities; strengthen equality and programmes tailored for each person with disability within the education system;

Adopt appropriate by-law, to regulate support services for students with disabilities, whereby the accessibility of buildings of schools and availability of textbooks to each student according to his needs must be taken into account;

Make textbooks and means of communication available to students with disabilities;

Provide greater role of informal education and participation of the teaching staff to further professionalise and sensitisation in order to achieve greater results in the application of inclusive education.

7.3. Health Care Often, health care is the most important for persons with disabilities due to health-related disability. However, the inaccessibility of health services, lack of adjustment of diagnostic and therapeutic equipment, facilities, medical transportation and communication accessibility are the causes of exclusion of access to health services of persons with disabilities. Also, the treatment by health care workers and their level of education and awareness of persons with disabilities is often the cause of discrimination. Even though medical model approach to disability has been abandoned on a global level, in the field of health of persons with disabilities, medical rehabilitation and access to appropriate medical devices remain essential component for the full inclusion and participation of persons with disabilities.

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Health care is also a field of action for the achievement of the objectives of the EU Disability Strategy, which highlights the need to promote equal access to health services and related benefits for persons with disabilities. Measures that stand out are accessibility and non-discrimination of health services, information on disability in medical schools and curricula for healthcare professionals, development of early intervention and needs assessment. In the framework of the UN Convention on the Rights of Persons with Disabilities the right of persons with disabilities in the enjoyment of the highest attainable standard without discrimination based on disability is recognised. It is therefore important to develop and provide health services that are specifically needed by persons with disabilities and the

«Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programs as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes.»

Article 25 - Health, UN Convention on the Rights of Persons with Disabilities

« A big issue is a descent into the health centre, as it is very steep, and if I wanted to go to the rehabilitation centre, it would be impossible for me. But I have no objections on the visits of nurses and doctors on the field, if they need to give me the injection or something else.»

Interviewee from Mitrovica

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provision of health care services is necessary to be provided as close as possible to persons’ own communities, including rural areas. Kosovo Serbs almost exclusively use medical services provided by Serbia-run institutions, which are offered free of charge to those who own Serbian medical insurance. For urgent and serious cases patients are transferred primarily to Serbia-run hospitals in northern Mitrovica or Gračanica or to other hospitals in Serbia (Vranje or Belgrade). Within the Kosovo Serbian community, women are the most affected by the lack of structures dedicated to reproductive care. Women with disabilities are subject to double discrimination, because of the lack of appropriate system of gynaecological examinations, both on the territory of Kosovo and Serbia, but also because of the stereotypes that prevail against persons with disabilities in terms of sexual and reproductive health. Services are usually sought in the medical institutions in Mitrovica or elsewhere in Serbia and they usually include medical examinations, reproductive healthcare and childbirth. Primary medical care is obtained almost exclusively through Serbia-run institutions. In some villages-centres it is also available through mobile teams (in Uroševac, for instance) or in local primary health care centres. In Štrpce, there are also some secondary health care services, available in the main health centre.

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Under the Law on Amendments to the Health Act (Law no. 03/L-124 of December 2008)44, Article 3 stipulates that the municipalities of Mitrovica, Gračanica and Štrpce should have their own competencies to provide the secondary health care, including the registration and licensing of health care institutions, employment, payment of salaries, training of health personnel and health care administration, in accordance with the guidelines and standards defined in the applicable legislation. There is no health insurance system in Kosovo and this negatively influences procurement or orthopaedic and sanitary equipment. Adapted vehicles, orthopaedic, visual and hearing aid devices are exempted from custom taxes but these devices are still mainly provided through non-governmental organisations, local and international donors. Kosovo Serbs usually acquire orthopaedic devices in Belgrade – from the Republic Fund of Health Insurance or donations from companies or international donations. The problem is also their service, the hospital in Mitrovica cooperates with the company in Kragujevac, which performs orthopaedic service, but some respondents complained about the quality of services provided. Good health care has also an important role in the prevention of disability and it is necessary to invest significant efforts in the further development because the existing range of services within the health care system does not provide the full extent of health care for persons with disabilities. The most evident problems in this regard relate to the exercise of the right on medical devices and rehabilitation, as well as the availability of general health care for persons with disabilities. The

44Available at: http://www.assembly-kosova.org/common/docs/ligjet/2008_03-L-124_en.pdf

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inaccessibility of health services, lack of adjustment of diagnostic and therapeutic equipment, facilities, medical transportation and communication accessibility is one of the causes of exclusion of access to health services of people with disabilities. Support for persons with disabilities and the level of education of employees in the health care system is the important prerequisite for further training and enabling the realisation of the highest degree of health for persons with disabilities. Persons with disabilities are guaranteed the right to the enjoyment of the highest attainable standard of health without discrimination based on disability. In this regard, it is necessary to enhance and improve the quality of health care that involves providing choice, quality and appropriate standards as close to the place of residence of persons in order to create the necessary conditions for early detection, intervention and provision of health services to reduce disability to a minimum in order to daily life of people with disabilities becomes better. Discrimination in the provision of health services should not exist and a continuous fight against all forms of discrimination is needed. Recommendations for the improvement of the situation in the field of health care

Improving access to health services and services for persons with disabilities, from physical/architectural accessibility to objects and appropriate adaptation of medical equipment and procedures, to finding alternative means of communication with persons with disabilities;

Better distribution of health-education type of publications in accessible formats;

Reducing the prevailing stereotypes about sexual and reproductive health of persons with disabilities;

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Providing additional training for medical personnel to work with persons with disabilities;

Promotion of alternative forms of medical rehabilitation, that is, finding substitutions for expensive spa treatments through the creation of mobile teams for physical rehabilitation at home, improving access to medical rehabilitation in primary health care level and the participation of the Ministry of Health to promote and support healthy lifestyles and recreation of persons with disabilities in local communities.

Education and training of health care workers on the rights of persons with disabilities, discrimination they are facing and the greater involvement of service users in the planning system and improvement of the services related to the health of persons with disabilities.

7.4. Employment By observing the employment of persons with disabilities from the perspective of human rights and opportunities for equal access to the labour market, we can conclude that this area is one of the most relevant indicators of the real inclusion of persons with disabilities in social and economic processes in the community and opportunities of leading independent lives enabled under the equal conditions for all its citizens. Discrimination against persons with disabilities in the open labour market exists; it is often accompanied by low education structure, which results in fewer opportunities to respond to the competitive requirements of the market. Even if there is an interest in the employment of persons with disabilities (in

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Kosovo employment of persons with disabilities is stipulated by the law), for now, employment on an auxiliary jobs is a frequent case, followed by the stereotypes that persons with disabilities are not able to respond to the tasks and that they are not active social participants. On the other hand, employment implies independent life that cannot be reduced to a system of social benefits and is essential for persons with disabilities. Economic independence of persons with disabilities is the most visible protection against poverty that is extremely distinct among this population group. International documents also emphasise the importance of including persons with disabilities in an inclusive labour market, and the EU Disability Strategy emphasises the need for greater number of persons with disabilities who will earn their living on the open market. In the framework of the EU, the employment rate of persons with disabilities is 50% and the situation in Kosovo and the region is far more unfavourable, indicating that emphasise should be directed to development to this area. Problem that further burdens persons with disabilities are indicators of high unemployment rate of the general population in Kosovo, which affects the marginalisation of persons with disabilities in the open labour market. In the framework of the UN Convention on the Rights of Persons with Disabilities, the importance of equal employment opportunities for persons with disabilities with the necessary preconditions for inclusion without discrimination, adjustment of the workplace and employment of persons with disabilities in the public sector is emphasised.

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The Government of Kosovo and the Ministry of Labour and Social Welfare presented a sectorial strategy associated with the Action Plan 2011 - 201345, which focuses on the policy of job creation and development of active employment measures. The Employment Strategy focuses on youth, persons with disabilities, beneficiaries of the cash benefits and the poor. In the progress report of the European Commission it is stated that the resources and capacities are not sufficient to cover all vulnerable groups which are mostly outside of the labour market. The example of the inadequate implementation of policies related to employment opportunities for persons with disabilities is frequently is cited. Government offices are not accessible to persons with disabilities. The provisions of the Law on Vocational Ability, Rehabilitation and Employment of People with Disabilities, which obliges all employers to employ a person with a disability in every 50 employees, are not sufficiently implemented46. The number of employers with 50 45 Kosovo Employment Strategy 2010-2012 and the Action Plan for its implementation, December 2009 46 The Law on Vocational Ability, Rehabilitation and Employment of People with Disabilities, No. 03/L-019

Obligation to “protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances“

Article 27, UN Convention on the Rights of Persons with Disabilities

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employees is not large compared to the total number of employers, and penalties are not stimulative enough for hiring persons with disabilities. Persons with disabilities consider that monitoring of implementation of the law provisions by the employers is still not functional enough, and the regulations on equal opportunities and non-discrimination are often ignored. Organisations of persons with disabilities and their partners are considered to be the leaders in terms of raising the awareness of the situation of persons with disabilities. One example of good practice is the grand annual campaign organized by the DPOs, large companies and government offices. “Disability Mentoring Day” is a campaign based on the international good practice that manages to employ a certain number of persons with disabilities in a short period of time in companies or public institutions. The results are short-term, although number of participants is increasing, but small number of people gets a permanent job after the campaign and probation period in companies. This kind of activity is not organized in the Serb communities in Kosovo except in terms of activities of the National Employment Service of the Republic of Serbia, which by organizing job fairs covers the territory of Kosovo. In 2013, National Employment Service - branch Mitrovica and municipality of Mitrovica announced a public call for the implementation of programmes for professional practice for 2013, which aim is to train unemployed persons with disabilities to involve in the open labour market in a short timeframe.

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The provisions of the Law on Vocational Ability, Rehabilitation and Employment of People with Disabilities define the so-called “protected workplaces” and companies with the aim to provide jobs for persons with disabilities adapted in a way to respond to the abilities and needs of persons with disabilities. In Kosovo, we did not find such jobs neither in Štrpce nor Mitrovica.

“I was employed in the Water Supply Company, but the accident happened and I don't work now. When the accident happened I was 21. There was no chance to keep my job, because the doctor wrote down that they must not move me, but they still did that. I had problems in finding a job; they all rejected me during applying. No one understands that we need to live as well. I've been rejected from the Water Supply Company about ten times and I don't know how many times I’ve knocked on the door of the Mayor and the Head of the Department. All I get is just a promise. I'm still trying to find a job; I have addressed the NES at least ten times, but still nothing. I finished the computer course two years ago and it was a course intended for persons with disabilities, where I obtained my diploma. There is no one to whom I can address. The assessment of the work capacity is completed and was told that I can do light work"

Interviewee from Mitrovica in the framework of IIHR research

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National Employment Service of the Republic of Serbia has a branch in Mitrovica which performs administrative and other tasks in the area of employment and exercising the rights in case of unemployment. In addition to this branch, there are additional three branches in the territory of Kosovo (Priština - Gračanica, Prizren - Štrpce and Gnjilane - Ranilug), and 16 branch offices, established and funded by the Republic of Serbia. In northern Kosovo, majority of employees are from the budget-funded institutions of the Republic of Serbia. According to the data provided by the Government Office of Kosovo, about 1,800 people are employed in the local self-government, 1400 in health care and 1300 in education. Next is the MMCC “Trepča” with about 1,300 employees, and the private sector (in the four municipalities 470 private enterprises are registered, mostly craft and trade shops, restaurants, coffee shops and gas stations) which employs about 1,300 people. Since the beginning of the implementation the Law of Professional Rehabilitation and Employment of Persons with Disabilities47, from May 23, 2010, the National Employment Service of the Republic of Serbia, as holder of employment affairs, gained an important role in the process of inclusion of unemployed persons with disabilities into the labour market.

47 Law on Professional Rehabilitation and Employment of Persons with Disabilities, “Official Gazette of the Republic of Serbia”, No. 36/09

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According to the data, available from the National Employment Service, there are 38 persons with disabilities (15 women) on the records of unemployed in Mitrovica (including Zvečan, Leposavić and Vučitrn offices). Among them, there are 29 persons (11 women) actively seeking employment.

Chart 7: Number of unemployed PWDs in MItrovica

Also, according to the NES from Štrpce, there are 16 persons with disabilities on the record of unemployed in Štrpce who are actively seeking employment. Unfortunately, there is no categorisation by gender and type of disability in Štrpce. According to Kosovo Agency for Emoloyment, on records of unemployed persons there are 15 persons with disabilities, 10 male and 5 male:

38

23

15

0 5

10 15 20 25 30 35 40

Number of unemployed PWDs according to National Employment Service Mitrovica

Total number of PWDs on records of NES Male

Female

7978

Chart 8: Number of unemployed PWDs in Štrpce

The term “actively seeking employment” means an unemployed person properly fulfils obligations under the law and individual employment plan. Individual plan includes measures established by an unemployed person and the National Employment Service and which are the basis for the implementation of active employment policy towards the unemployed. This data refers to 2012 and 2013 (until June 30, 2013). Regarding the age structure, the majority of persons registered as unemployed are from 20 to 35. Almost all are interested in employment. Statistical data from the National Employment Service shows that the largest number of unemployed persons with disabilities, in this area, has secondary school level of education (4th degree). There are also a number of people with elementary school level of education (1st degree) and skilled workers (3rd degree). Among those with completed 3rd degree, there is the greatest motivation for work (100%).

15

10

5

Number of unmployed PWDs according to Kosovan Agency for Employment

Total number of unmployed PWDs Male

Female

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The most numerous registered are persons with physical disabilities, as well as persons with mild intellectual disabilities. 5 persons who are interested to work and actively seek employment passed the process of work capacity assessment to date. Currently, 8 persons with disabilities are engaged through the programme of “Public Works”, one person in the “Internship”, active employment policy measures relating to the unemployed without work experience. Both active employment policy measures are related to specific time period of 6 months (“Public Works”) and 24 months (“Internship”). The assumption is that there are more unemployed persons with disabilities on this territory, because the official statistics of the National Employment Service registers only those persons who are residents of Mitrovica, Zvečan, Leposavić and Vučitrn. Unemployed persons from other places in northern Kosovo address the National Employment Service and have rights and obligations, but existing statistics do not register them. Also, prejudices are still present to a large extent, and some parents of persons with disabilities hide this fact from the public and prevent them from getting involved in the work process, which results in poor integration at all levels of the community. Public works programmes are measures of active employment policy that provides for the approval of funds for employment of unemployed persons with disabilities registered with the National Employment Service (NES) and includes the implementation of actions taken by the employer - contractor of public works, which are aimed at achieving a particular social interest. These active policies of employment of persons with disabilities are used in a very small extent.

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Internship programme is intended for unemployed persons that for the first time attend professional training for the occupation they have a specific type and level of education or who are professionally trained by less than the time required for taking professional exam for the purpose of fulfilling the conditions for it in accordance with law or general act of the employer, without employment.

Chart 7: Number of persons with disabilities in the record of the NES, 38 (15

women and 23 men), out of that number active job seekers are 29 persons with disabilities (11 women and 18 men)

Official records of unemployed persons with disabilities by disability category National Employment Service data for the territory of the Mitrovica municipality

Disability category

Total number of unemployed persons

Women

Disabled war veterans 4 0

Disabled peacetime veterans 0 0

Disabled war veterans in civil service 0 0

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29

Ratio of the total number of persons with disabilities and active job seekers

Total number of registered with NES Active job seekers

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81

Disabled worker – category 2 1 0

Disabled workers – category 3 0 0

Categorised youth:

- Blind persons 0 0

- Partially sighted persons 0 0

- Deaf persons 3 0

- Partially hearing persons 1 1

- Persons with mild intellectual disabilities 7 5

- Persons with multiple disabilities 2 0

- Physically disabled persons 8 5

Other categories of the disabled:

- Blind persons 0 0

- Partially sighted persons 0 0

- Deaf persons 1 0

- Partially hearing persons 0 0

- Persons with mild intellectual disability 2 2

- Persons with multiple disabilities 4 3

- Physically disabled persons 0 0

Persons assessed for work capacity:

- first-degree disability (employment under general conditions) 4 0

- second-degree disability (employment under special conditions) 1 0

- third degree disability (job centre) 0 0

TOTAL 38 16

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Skills and organisational abilities to create an effective system of employment, enterprise development and structure based on equal conditions for all without discrimination require development based on multi-sectorial cooperation, in which decision makers, disabled people’s organisations and the private sector will jointly find appropriate solutions to create conditions and enhance the participation of persons with disabilities in the labour market at the level of local community.

Recommendations for the improvement of the situation in the field employment

• Through primary and secondary legislation seek

opportunities to advance solutions for further inclusion of persons with disabilities in the labour market. In RS, it is necessary to equalize the state with other employers in term of fulfilling the obligation of employing persons with disabilities, while the Kosovo legislative solution needs to balance the obligation of employers and penalty policies, as these solutions show no stimulation and increasing of involvement of persons with disabilities;

• Develop a wide range of services that facilitate the employment and retention of employment of persons with disabilities;

• It is necessary to provide appropriate stimulative measures that allow a certain advantage to persons with disabilities in the labour market (positive discrimination) at the community level;

• Create an appropriate system of Supported employment - Supported employment facilitates competitive work in an integrated work environment for individuals with disabilities. Supported employment provides assistance such as job coaches,

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transportation, assistive technology, specialised job training and individually set supervision. Supported employment encourages people to work within their communities and encourages work, social interaction and integration;

• Development of new educational programmes and additional education that follow the labour market;

• Stimulating employment of persons with disabilities - by granting subsidies for self-employment, subsidies to employers to create new jobs, salaries subsidies for persons with disabilities without work experience that an employer hires on a fixed-term basis, allowance for salary for persons with disabilities employed in “Public Works” programme and other active employment policy measures that encourage the employment of persons with disabilities;

• In accordance with the legal provisions of the Anti-discrimination Law, make stronger anti-discrimination measures and improve public awareness and the awareness of employers with the goal of strengthening the conditions for equality in the workplace;

• Аs regards to the public works programmes for persons with disabilities, which have positive impact on employment, unfortunately they are short-term solutions for unemployment of persons with disabilities, and organisations should lobby the employers and the NES to find the way, after the end of programmes, to employ already engaged persons with disabilities in these institutions and companies;

• Strengthen the role and capacities of disabled people’s organisations to develop social entrepreneurship, as a very useful form of employment of persons with disabilities and their retraining.

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7.5. Accessibility Accessibility represents the foundation for independent living and free movement of persons with disabilities, which often represents the obstacle in environment with barriers and main problem they face with. Accessibility is reflected in every aspect of life of persons with disabilities, from movement, information, communication, accessibility of the workplace, public institutions, architectural barriers, accessibility of the education system, the media and access to social services and health care. Accessibility and social inclusion are fundamental human rights. Persons with disabilities in the face in their daily activities with barriers when using transport, access and movement through private and public buildings, public spaces, the use of home appliances, electronic and digital systems, products and services, as well as in communication and information. In the Serbian community in Kosovo, in their daily activities, persons with disabilities are facing with barriers when using transport, during entering and moving through private and public buildings, the use of home appliances, electronic and digital systems, services and products and in communication and information. In the framework of the EU Disability Strategy, the need to ensure accessibility of goods, services, including public services and devices for persons with disabilities are emphasised. Accessibility is as a precondition for participation in society. Also, the UN Convention on the Rights of Persons with Disabilities in Article 9 addresses the issue of accessibility, emphasising the need to facilitate accessibility of both indoor and outdoor facilities, and special measures include the

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identification and elimination of obstacles and barriers to accessibility for persons with disabilities. The provisions describe the accessibility that, in addition to accessible of physical environment and transport, includes accessibility to information and communication, as well as the elimination of barriers in the built environment by putting an equal sign between urban and rural areas. In addition to physical accessibility, it is assumed that public institutions are labelled in such a manner as to be accessible to persons with sensor and intellectual disabilities. Increasingly, the necessity of providing affordable services and products occurs as a requirement in this area. It is also important to ensure the use of new information - communication technologies as a form of support to persons with disabilities in order to actively participate in all aspects of life. Mobility and accessibility of buildings of public interest are preconditions for the improvement of position of persons with disabilities. Unfortunately, public transportation in Mitrovica, Štrpce and other areas is not accessible to persons with disabilities, nor there is a specially arranged transportation for persons with disabilities, so they are forced to rely on taxi services or to adapt their own vehicles if they have it.

« Develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public .»

Article 9. Accessibility, UN Convention on the Rights of Persons with Disabilities

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In the annual report for 2011, the Ombudsman stated that regardless the fact that there is administrative guidance for the technical conditions of buildings for access of persons with disabilities, this issue is not regulated even in the most important public buildings such as hospitals, schools, courts and municipal buildings. In Štrpce, the entrance to the municipal building was made in accordance with the accessibility standards, but unfortunately, except the entry persons with disabilities do not have access to departments that are located on the upper floors of the building. There is no elevator in the building, as well as toilets adapted for people with disabilities. The building of the cultural centre of Štrpce is fully inaccessible to the persons with disabilities, with no possibility to climb the stairs in the length of 4 meters. The health centre in Štrpce has a ramp build according to the technical standards of accessibility, but similar to the municipal building, only the ground floor is accessible. Through the interviews with PWDs, we were told that almost all specialist departments: dentistry, cardiology and lab are located on the second floor of the health centre building and therefore, they are not accessible. “I cannot go to the dentist, as the dentist’s office is on the second floor, the last time my father carried me to the office.” There is no toilet in the health centre adapted for persons with disabilities. The school building is also inaccessible, with many obstacles – the “stairs”. In the secondary school in Štrpce, few students with disabilities attending classes in classrooms on the ground floor, which is one of the measures of the school administration

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to provide education for all, but there is no ramp. There are no adapted toilets for persons with disabilities in schools. We have the similar example in Mitrovica, where two students attend classes on the third floor, where their classroom is not accessible and their parents have to carry them every day. The building of post office is inaccessible, on the initiative of the COD and participants of the project “Innovation, Inclusion, Human Rights” and the order of mayor of Štrpce to arrange the access to the post office building, but technically it is not possible without the installation of elevators that require additional funding. Banks are also inaccessible, ProCredit Bank building is the only one that has a ramp, but unfortunately is not built according to the standards of accessibility and is without handrails. Other banks are inaccessible for PWDs because every entrance has stairs. In Mitrovica, buildings of public importance are mostly inaccessible, from the municipal building, through the post office where persons with disabilities receive their pensions, to the hospital where among other things physical therapy is provided - the hospital has a ramp, but it is too steep for wheelchair users to be able to independently use it. A positive example is a health centre that has accessible ramp.

« To be equal with other fellow citizens, it is necessary that all institutions have a ramp, which allows me the access to public buildings. However, in reality that is often not the case. In order to pay the bills at the bank, someone else has to do it for me, to deal with my money. » Participant of the project «Innovation, Inclusion, Human Rights»

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Negative example of accessibility:

Rehabilitation centre – there is a ramp but too slant. The inclusion of the minimum standards of accessibility is necessary so the elements of accessibility can be functional. In their statements, persons with disabilities talk about the poor quality of road surface and pavement (holes, open manholes, improperly installed street furniture), curbs, lack of tactile tape, lack of audio semaphores.

«I have adapted the apartment I live for myself, in a building where I live I’ve made an accessible ramp, but in the city is a chaos, sidewalks and curbs are not adapted, and where they are, they can’t be passed because of the parked cars. Parking spaces are not marked and most institutions do not have access for persons with disabilities. »

Interviewee from Mitrovica Ispitanik iz Kosovske Mitrovice

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Also, they talk about the barriers within the institutions necessary for their operation. The initiative of the project participants was submitted to the municipality of Mitrovica in order to decide on the adaptation of existing buildings of public importance and commercial buildings. Until publishing of this report we have not received a response from the responsible authorities on this initiative. In April 2010, persons with disabilities held a protest march under the slogan “Freedom of movement for all” in Mitrovica, in order to draw public attention to their unfavourable position. The march was organised by NGOs Hendikos and Centre for Basic Rehabilitation. Recommendations for the improvement of the situation in the field accessibility

Establish and support the work of multidisciplinary advisory bodies on accessibility issues at the local level. Consideration should be given to strengthening the regulatory framework at the local level in terms of strategic documents and allocated budget for the removal of barriers. An effective approach is the formation of accessibility teams consisting of policy makers, professionals and persons with disabilities

«The access to hospital where physical therapy is performed is poor, so I must perform most of the exercises at home. At home, I do exercises, such as legs stretching and changing sides of lying so I won’t get a decubitus. »

Interviewee from Mitrovica

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who have an advisory role, monitor and advocate for optimal solutions;

Adopt the Law on the Use of Sign Language and the Laws on the Use of a Guide Dog, the use of facsimile and other laws that eliminate barriers in the environment of persons with disabilities;

Education - continuous efforts to educate experts, the authorities responsible for monitoring the compliance with standards and guidelines on accessibility;

Insert in the relevant law provisions related to housing, adaptation of living space to meet principals of accessibility and enable procedures that allow fast and efficient adaptation of living space for persons with disabilities. Costs of conceptual project and obtaining of the license are the obligations of persons with disabilities, who are often not in a position to pay the costs. The examples of individual interviews speak in favour of this thesis;

Support the work and projects of disabled people’s organisations dealing with issues of accessibility for persons with disabilities.

8. CONCLUSION In Kosovo, within the municipalities of Mitrovica and Štrpce persons with disabilities do not have a sufficient level of support and their rights are burdened by the political context of the situation, which results in a low level of satisfaction among the persons with disabilities burdened by isolation, marginalisation and widespread social stereotypes about persons with disabilities in the local communities. However, it is evident that the problem of the rights of persons with disabilities is actualised, local community is more open, as local

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institutions agreed that it is necessary to enable persons with disabilities the enjoyment of human rights. Also, the slight shift of perception of the community in relation to disability issues is noticeable, which is an important step towards the acceptance of persons with disabilities as equal citizens in the community, the transformation of understanding disability as a problem that unable active participation in the community leads to a key turnover in perceiving persons with disabilities only as receivers of charity and social benefits, and it is necessary to work further and improve the capacity of persons with disabilities in their struggle to achieve the highest standards of human rights. As regards the institutional support, system of financial support thought social benefits is still dominant, which continues to represents persons with disabilities as passive recipients, instead of giving opportunities to their potentials and enable active participation in the community. However, both the institutions and local communities are changing slowly their perception in need to make participation of persons with disabilities possible and to identify all barriers in their way towards equality. Policies and programmes offer comprehensive solutions in a limited extent, normative legislative framework somewhat includes disability, but it needs to be significantly improved especially when it comes to implementation of policies. Inclusion of persons with disabilities with the possibility to express their opinion related to their interests and to influence further development and their larger involvement in all areas of the society is a significant step. At the moment, there are very few persons with disabilities engaged in different areas of society, mainly being engaged through the work of Disabled People’s Organisations (DPOs). Therefore, it is necessary to raise the

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capacities of DPOs for further improvement, but also to include persons with disabilities in different aspects of planning and decision-making, especially those decisions related to disability area. One of the bright examples in Kosovo referring to development of local policies is certainly development of Local Disability Action Plan for Gračanica municipality where the DPOs has developed LDAP in cooperation with other civil society organisations and local institutions and decision-makers. It comprises range of particular key issues for persons with disabilities and possible solutions at the community level, based on multi-sectorial approach with participation of different relevant stakeholders for improving the position of persons with disabilities and fulfilment of their guaranteed rights. In addition, development of system of monitoring of the implementation of guaranteed rights represents a significant impact on improving the position of persons with disabilities, because the insight in the practice of laws, policies and services for persons with disabilities might determine the extent in which the local community will be able to answer on the targeted goals. Despite the certain law provisions, their further improvement is needed, as well as the incorporation of laws which are not adopted yet, but their existence is urged by social reality. In addition to multi-sector cooperation, which means joint work on relation persons with disabilities – DPOs – institutions - decision-makers – media – public, it is needed to further develop the system of cooperation within different institutional sectors which reflects the approach to problem solution and improvement of situation, where decision-makers from

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different sectors are working together on finding the adequate solutions. Monitoring the rights of persons with disabilities should engage persons with disabilities themselves in assessment of situation of their rights. The example of monitoring led by persons with disabilities, their DPOs, disability experts, should be an answer on the real state in all areas that are subject of this report. In the Republic of Serbia, holistic monitoring of the rights of persons with disabilities has resulted in the Report on Monitoring the Rights of Persons with Disabilities, which serves as advocacy tool, for identification of key issues and gaps in implementation of legal framework. The domains processed in this report has shown that there is no segment of reality related to disability in which significant problems doesn't occur and which allows full participation and enjoyment of guaranteed rights for persons with disabilities. Problems like lack of accessibility, architectural barriers, problems at open labour market for persons with disabilities, underdeveloped system of social services and lack of possibility for satisfying the basic needs in community are alarming for the need of significant improvement in disability field. The goal of each community on the way to full participation and enjoyment of human rights is respect for differences, fight against all forms of discrimination, tolerance and mutual understanding.

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BIBLIOGRAPHY - World Health Organization, World Report on Disability 2011 - National Disability Action Plan for the Republic of Kosovo, 2009-2011, May 2008

Priština - UN Enable, Factors Causing Disability - “Comprehensive Disability Policy Framework for Kosovo”, Study on Persons

with Disabilities, Office of the Government of Kosovo and UNDP - http://www.see-

educoop.net/education_in/pdf/compr_disability_policy_frmwrk_kos-yug-kos-srb-t02.pdf

- Charter of Fundamental Rights of the European Union - Social Services for Persons with Disabilities as Support for Equal Socio-economic

Development, Monitoring Report, Centre for Society Orientation 2012 - Broad Survey of Persons with Disabilities, Office of the Government of Kosovo

and UNDP - European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-

Free Europe - United Nation Convention on the Rights of Persons with Disabilities - ECMI Kosovo, Legal Handbook for Vulnerable and Marginalised Groups in

Kosovo - OSCE Kosovo report “Implementation Measures for Legislation Impacting

Human Rights in Kosovo”, September 2012 - Kosovo Communities Profiles, 2010, OSCE Mission in Kosovo - Program of the Government of the Republic of Kosovo 2011-2014, Strategy and

action plan for human rights - Local Action Plan in the Field of Disability for period 2013-2017, Gračanica

Municipality, OPD Gračanica – Muscular Dystrophy Association - Social Services for Persons with Disabilities as Support for Equal Socio-economic

Development, Monitoring Report 2012, Centre for Society Orientation, 2012 - Systemic Monitoring, Monitoring of laws and policies in the field of disability,

Centre for Society Orientation, 2013 - Holistic report, ”Monitor your Rights” - Monitoring the rights of persons with

disabilities in RS, Centre for Society Orientation, 2013 - Law on Disability Pensions, No. 2003/23 - Law on Material Support for Families of Children with Permanent Disability, No.

03/L-022 - Law on Vocational Ability, Rehabilitation and Employment of People with

Disabilities, No. 03/L-019 - Law on the Status and the Rights of the Martyrs, Invalids, Veterans, Members of

Kosovo Liberation Army, Civilian Victims of War and their Families, No. 04/L-054

- Law for Blind Persons, No. 04/L-092 - Labour Law, No. 03/L-212

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- Law on Health, 04/L-125 - Law on Construction, No. 2004/15 - Anti-discrimination Law, No. 2004/3 - Law on Social Assistance Scheme, No. 2003/15 - Kosovo Employment Strategy 2010-2012 and the Action Plan for its

Implementation, December 2009 - Regulation No. 2000/66 on Benefits for War Invalids of Kosovo and for the Next

of Kin of those who Died as a Result of the Armed Conflict in Kosovo - Administrative Instruction for Construction Buildings, Technical Terms of

Accessibility to Disabled Persons No. 07/2007 - Administrative Instruction for Procedures of Application for Rights in

Recognition of Skills, Rehabilitation and Employment of Persons with Disabilities, No. 03/26 2010

- Administrative Instruction No. 2/2003 on Presentation of Disability Persons and Underage in Informative Media

- Law on Professional Rehabilitation and Employment of Persons with Disabilities, “Official Gazette of the Republic of Serbia”, No. 36/09

- Law on Prevention of Discrimination of Persons with Disabilities - Law on Prohibition of Discrimination - Healthcare Act, “Official Gazette of the Republic of Serbia”. Nos. 107/2005,

72/2009- sec. law, 88/2010, 99/2010, 57/2011, 119/2012 and 45/2013 – sec. law - Regulation on the Content and Scope of the Right to Health Care under the

Compulsory Health Insurance and Participation 2013, “Official Gazette of the Republic of Serbia”, No. 124/2012

- Law on the Rights of Patients, “Official Gazette of the Republic of Serbia”, No. 45/13

- Law on Fundamentals of the System of Education, “Official Gazette of the Republic of Serbia”, Nos. 72/2009, 52/2011, 55/2013

Useful links http://www.kuvendikosoves.org/?cid=3,191 http://www.kuvendikosoves.org/common/docs/ligjet/Evidencija%20zakona.pdf http://www.mei-ks.net/repository/docs/Aneks_C_-_Spisak_strategija_i_akcionih_planova_institucija_Vlade_Kosova.pdf http://www.parlament.gov.rs/akti/doneti-zakoni/doneti-zakoni.1033.htmlhttp://www.disabilitymonitor-see.orgwww.cod.rshttp://invalidnost.cod.rs

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- Law on Health, 04/L-125 - Law on Construction, No. 2004/15 - Anti-discrimination Law, No. 2004/3 - Law on Social Assistance Scheme, No. 2003/15 - Kosovo Employment Strategy 2010-2012 and the Action Plan for its

Implementation, December 2009 - Regulation No. 2000/66 on Benefits for War Invalids of Kosovo and for the Next

of Kin of those who Died as a Result of the Armed Conflict in Kosovo - Administrative Instruction for Construction Buildings, Technical Terms of

Accessibility to Disabled Persons No. 07/2007 - Administrative Instruction for Procedures of Application for Rights in

Recognition of Skills, Rehabilitation and Employment of Persons with Disabilities, No. 03/26 2010

- Administrative Instruction No. 2/2003 on Presentation of Disability Persons and Underage in Informative Media

- Law on Professional Rehabilitation and Employment of Persons with Disabilities, “Official Gazette of the Republic of Serbia”, No. 36/09

- Law on Prevention of Discrimination of Persons with Disabilities - Law on Prohibition of Discrimination - Healthcare Act, “Official Gazette of the Republic of Serbia”. Nos. 107/2005,

72/2009- sec. law, 88/2010, 99/2010, 57/2011, 119/2012 and 45/2013 – sec. law - Regulation on the Content and Scope of the Right to Health Care under the

Compulsory Health Insurance and Participation 2013, “Official Gazette of the Republic of Serbia”, No. 124/2012

- Law on the Rights of Patients, “Official Gazette of the Republic of Serbia”, No. 45/13

- Law on Fundamentals of the System of Education, “Official Gazette of the Republic of Serbia”, Nos. 72/2009, 52/2011, 55/2013

Useful links http://www.kuvendikosoves.org/?cid=3,191 http://www.kuvendikosoves.org/common/docs/ligjet/Evidencija%20zakona.pdf http://www.mei-ks.net/repository/docs/Aneks_C_-_Spisak_strategija_i_akcionih_planova_institucija_Vlade_Kosova.pdf http://www.parlament.gov.rs/akti/doneti-zakoni/doneti-zakoni.1033.html

Center for Society Orientation - COD

Bul. Milutina Milankovića 68/3, 11070 Belgrade,Serbia

+381 11 3113 860, +381 65 8778 [email protected]

Office in KosovoMain Street NN, 73000 Štrpce,Kosovo

+381 290 70 075, +377 45 540 022

Mandat of COD is to work on capacity building of local actors in Republic of Serbia and other countries of South-East Europe during transition period with the goal to fulfill fundamental human rights and equal opportunities for all marginalized groups with a special focus on persons with disabilities.

Future Without Fear - FWF

Main Street NN, 73000 Štrpce,Kosovo

+381 290 70 075, +386 49 554 [email protected]

Mandate of FWF is development of democratic civil society in all communities and among all groups in order to show that equality might become part of everyday life in Kosovo.

This report is part of Disability Monitor Initiative South East Europe, it is advocacy initiative for collection and dissemination of information on relevant topics in disability field, which support tendencies for full participation and equal opportunities for persons with disabilities. This initiative is prevalently based on findings from the field, consultations with people with disabilities, Disabled People’s Organizations, service providers, civil society, state and local authorities. The goal is to monitor and to exchange of knowledge about ways in which local organizations, authorities, state and international organizations are developing and supporting reforms which are promoting and allowing full participation of people with disabilities.

The Report “Position of persons with disabilities in Serbian community in Kosovo” has been produced with support of European Union through European Instrument for Democracy and Human Rights (EIDHR).