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Gender Audit of

Reconstruction Programmes in

South Eastern Europe

By Chris Corrin
 
 
 
 
 
 
 
 
 
 
 
 
 
 

The Urgent Action Fund

and

The Women’s Commission for Refugee Women and Children
 
 
 
 
 

June 2000










The Urgent Action Fund was created in October 1997 to promote the human rights of women within the context of strategies outlined in the Beijing Platform for Action. The Fund’s goal is to encourage structural changes resulting in the advancement of women’s human rights. A global network of women and men committed to a world of equality and social justice, the Fund provides immediate financial support for unanticipated and time-urgent opportunities to advance the human rights of women.

The Women’s Commission for Refugee Women and Children seeks to improve the lives of refugee women and children through a vigorous program of public education and advocacy and by acting as a technical resource. The Commission, founded in 1989 under the auspices of the International Rescue Committee, is the only organization in the United States dedicated solely to speaking out on behalf of women and children uprooted by armed conflict or persecution.

This report was written by Dr. Chris Corrin, director of the Centre for Women’s Studies at the University of Glasgow in Scotland. Readers and editors included Ariane Brunet, Mary Diaz, Delina Fico, Rachel Wareham, Julie Shaw and Suvira Chaturvedi. Special thanks to the Advisory Group for the project: Jan Bauer, Anne Gallagher, Vjollca Krasniqi, Nada Ler Sofronic and Rachel Wareham. The organisers would also like to thank the International Centre for Human Rights and Democratic Development and the Women’s Network of the Open Society Institute, particularly Debra Schultz.
 
 
 
 
 
 
 
 
 
 

If you quote from this report, please credit the Urgent Action Fund and the Women’s Commission for Refugee Women and Children.

Women’s Commission for Refugee Women and Children
122 E. 42nd Street
New York, NY 10168
212.551.3111
wcrwc@intrescom.org

Urgent Action Fund
P.O. Box 1138
Fairfax, CA 94978-1138
Urgentact@aol.com
 
 





TABLE OF CONTENTS




Preface 1

Executive Summary 2

Introduction 3

United Nations Mission in Kosova 5

Stability Pact for South Eastern Europe 17

Appendices 22
 
 

Preface

Since 1997, the Urgent Action Fund (UAF) has supported 23 interventions by women in support of the human rights of women and girls in 16 conflict areas in various regions of the world. Now, with support from the Ford Foundation, and in partnership with the International Centre for Human Rights and Democratic Development (ICHRDD) and the Women’s Commission for Refugee Women and Children, the UAF is launching an initiative to strengthen the role of women in building a coherent, gender sensitive policy for human rights and democratic development throughout South Eastern Europe.

The decision to undertake a gender audit before establishing the Gender Forum was based on information gathered during the February 2000 visit to South Eastern Europe by Ariane Brunet, coordinator of the Urgent Action Fund Balkan Gender Initiative. There were clear indications that the UAF project needed to be reviewed, with particular attention paid to the need for an evaluation of the effect of reconstruction programmes and peace agreements in the region. It also seemed clear that an analysis of the effectiveness of programmes from a gender perspective—or gender audit—with a primary focus on the UN Interim Administration Mission in Kosova (UNMIK) and the Stability Pact for South Eastern Europe was needed. Once this Audit is disseminated and discussed in the region, the UAF will be able to determine if local NGOs want to pursue the Gender Initiative. It is our hope that the Gender Audit will help foster cooperation among local NGOs, INGOs, intergovernmental bodies and agencies in the work to achieve gender equality.

In collaboration with the Women’s Commission for Refugee Women and Children and with the support of the Ford Foundation, UAF engaged a researcher, Chris Corrin from the University of Glasgow, to conduct the research upon which this Gender Audit is based. The Audit is intended to help women and women’s groups in SEE to assess opportunities and barriers for working with the international donor community. The hope is that the Audit will not only be used by NGOs to establish ways and means to work constructively with the international community, governments and INGOs. We also hope it will be used by the international donor community to identify the needs to be addressed, devise the mechanisms that must be put in place in order to work collaboratively and create effective implementation tools for gender mainstreaming.



Executive Summary

In considering the political, social and economic administration of change in Kosova it has become apparent that there has been discrimination against women during the reconstruction period. As a result, the potential contributions of women have been ignored and at times undermined. This has been particularly apparent in the international community’s lack of regard for mainstreaming gender issues within the political and policy-making processes. For example

With these and other points in mind, there remains a need to assess how quickly and how far processes for women’s integration can be developed in key areas of political, economic and social reconstruction and rehabilitation. Such areas include
Introduction

This Gender Audit reviews the reconstruction programmes established for South Eastern Europe. The specific focus is the impact of these programmes on women and girls, including consideration of whether and how the international community is ensuring the participation of women in rehabilitation and reconstruction efforts. The major programmes reviewed are: (a) the UN Interim Administration Mission in Kosova (UNMIK) which was established following adoption of Security Council resolution 1244, 10 June 1999; (b) the Stability Pact for South Eastern Europe which was agreed in Cologne, 10 June 1999; (c) the Sarajevo Declaration of 30 July 1999 (as addressed in the context of the Stability Pact.)

The central area of concern and consideration of this Audit is the extent to which encouragement has been given to increasing women’s social, economic, educational and political participation (in both ‘"informal civic fora and organisations, and at the formal levels of power). For continuity and in the interests of follow-up projects, the Gender Audit assesses "gaps" in policy making, service provision, data collection and in coordination and monitoring of projects designed to increase the participation of women and girls. Proposals for further investigation and collaboration will be developed. It is hoped this audit will suggest and inspire additional monitoring, investigation and collaborative efforts to bring about the full integration of women and girls in the rebuilding of South Eastern Europe.

Gender Analysis

The word "gender" is used to refer to the culturally, socially, economically and historically defined roles of women and men and to understand how the unequal power relations between them are shaped and built into social institutions such as the family, legal systems, religious systems and beliefs. Gender roles are learnt socially from a variety of sources within a culture from the time of birth. As they are not biologically determined, they can and have been changed. Gender analysis forms the base upon which mainstreaming the training and development required to ensure equitable progression for women and men in any reconstruction and reintegration processes depend. Working with gender issues means looking at the roles, needs, involvement and decision-making of both women and men in a community.

The United Nations is committed to gender equality in all its policies and programmes. The 1997 report of the Economic and Social Council defines gender mainstreaming as:

The process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality. With the international community’s commitment to gender mainstreaming in mind, gender analysis of the reconstruction and rehabilitation projects and programmes that are ongoing within UNMIK structures in Kosova means giving consideration to the impact that the work has had on women and men separately. This requires considering the reproductive, productive and social or community roles women are playing, as well as understanding the roles played economically and socially by men. By understanding how a community or group works and ensuring that the views of women, as well as those of men, are heard within that community or society, efforts can be made to include them actively in projects and decision-making. Given the unusual situation in Kosova -- with the UNMIK officials forming an administration, in coalition with local party politicians and independents -- these processes must be two-way and transparent. Key to the processes are: (a) the need for sex and age disaggregated statistics so that ratios of women/girls and men/boys in various arenas can be studied; (b) engendering policy-making implications for different groups and; (c) gender mainstreaming throughout administrative and political decision-making.

UN Interim Administration Mission in Kosova(UNMIK)

Under resolution 1244 (see Appendix), the UN Security Council decided on 10 June 1999 to establish in Kosova an interim international civilian administration. The 12 July 1999 report of the Secretary-General set out a comprehensive framework for the UN-led international civil operation. The same resolution vested in the Mission authority over the territory and people of Kosova, including all legislative and executive powers and administration of the judiciary and directed UNMIK to "provide an interim administration for Kosovo ¼ which will provide transitional administration while establishing and overseeing the development of provisional democratic self-governing institutions to ensure the conditions for a peaceful and normal life for all inhabitants of Kosovo." The key tasks of the Mission are to

To implement this mandate and to increase the participation of Kosovar communities in the governance of Kosova, UNMIK established a Joint Interim Administrative Structure for Kosova (JIAS). Through this structure 20 Administrative Departments were developed as central administrative bodies, each with an UNMIK and a Kosovar co-head. The co-heads report to the Interim Administrative Council (IAC) through one of the Deputy Special Representatives of the Secretary General (DSRSG) who, with Kosovar leaders, serve on the IAC. The tasks of UNMIK are divided into four sectors, known as "four pillars", that are being undertaken in five integrated phases. As of 31 March 2000, the four pillars were: (a) humanitarian assistance, (b) civil administration, (c) democratisation and institution building, and (d) economic restructuring. As of 1 April 2000, Pillar I was no longer operating; the work started under this pillar, however, is ongoing.
 
 
 
 
 
  Pillar I: Humanitarian Assistance, led by the Office of the UN High Commissioner for Refugees (for this Audit, details of health and education are covered as key aspects) The main focus of UNHCR work that has concentrated on women’s needs and rehabilitation has been the Kosovo Women’s Initiative (KWI) which was funded through the United States Department of State’s Bureau for Population, Refugees and Migration (BPRM). The U.S. government has provided $10 million for KWI with the intention that it be spent very quickly, in less than one year (it was considered humanitarian—or emergency—assistance). Start-up of KWI projects took longer than anticipated, due to the lack of organisational, legal, financial and other structures, and the time frame has been extended by one year.

Healthcare work to April 2000

Rather than devote resources simply to restoring the healthcare system to its previous level, UNMIK has adopted an approach designed to leave behind a better system. In July 1999, draft health guidelines were prepared and by September the Interim Health Policy Guidelines were produced in three languages (Albanian, English and Serbian). An Administration for Health was established in all 20 JIAS departments. Over time, all municipalities will receive a health administration. The Administration functions as a Ministry of Health by developing an infrastructure, workforce and issuing guidelines. In the development stage, the work had a clear humanitarian aspect and was carried out mainly by INGOs. The areas of focus included immunisation of children, heating maternity hospitals, training for reproductive health care providers, supplying reproductive health care materials and providing mental health services. In the longer term, the international organizations began to prepare programmes to upgrade the nursing profession, which is mostly female in Kosova. (In all of the former Yugoslavia there were very few fully trained nurses.) Cooperative efforts with, for example, the UN Fund for Population Activities (UNFPA), have been planned in such areas as maternity training and the training of doctors, nurses and midwives.

At the same time, and with the preparation of the Kosova consolidated budget, the Administrations were able to become more involved in the everyday running of hospitals and ordering drugs and consumables. The emphasis was on the development of primary health care and changing from an institutional healthcare system to more community-based services.

An assessment of the progress made in the provision of healthcare and rebuilding of the healthcare system indicates that, in general, both INGOs and UN agencies have introduced issues related to sexual- and gender-based violence to health care professionals through training. Also, greater attention has been given to maternity care and accessible medical practices. Critics of the reconstruction administration processes, however, point to: (a) the fact that, despite assurances to the contrary, primary health care has not been treated as a funding priority, and instead the focus is on hospitals; (b) the need to develop more ways of reaching women in rural areas and providing them with access to health care; (c) the fact that the doctors and nurses in Mother Theresa hospitals in rural areas have migrated to city hospitals and other better paid jobs, which has serious consequences for women’s access to health care. (The Mother Theresa Society (MTS) was the largest humanitarian assistance organization providing health care and food throughout the war and internal displacement of hundreds of thousands of Kosovars.) Critics have also noted that there is little attention paid to community-based programs, such as elderly services, meals-on-wheels, and services for the disabled.

Education reconstruction work to April 2000

An assessment of schools carried out by the UN Children’s Fund (UNICEF) showed that, as of November 1999, only 784 out of 1,050 school buildings were still standing. Of these, 45 percent had suffered substantial damage. By the spring of 2000, more than 400 schools that had been repaired were in operation and other schools that needed no substantial repair were operational.

When UNMIK authorities took over the completion of further tasks, however, the process of renovation ended. Critics of the UNMIK effort also note: (a) there was a break of several months while new guidelines were completed; (b) qualitative standards incorporate massive guidelines that are cumbersome to read and understand; (c) the UNMIK mapping of schools took almost four months which is seen vital time lost in getting young people back into the educational system; (d) the process of INGOs bidding for tenders that are then put out to local contractors exacerbates this slow process; (e) despite the fact that basic textbooks were ready for printing in August 1999 they were not produced until April 2000; (f) there are few resources for travel to school, which is expensive; (g) little priority has been given to girls’ attendance at school; (h) there do not seem to be adult education concepts, an aspect that is especially important for women who have had little education; (i) while local non-governmental organisations (NGOs) have given attention to adult literacy there has been little or no action by the state in this area.

Information also indicates that university reform -- including such areas as teaching methods and standards of learning throughout the higher educational sector -- remains a serious challenge, In the absence of reform, fears have been expressed that the educated middle-classes in Kosova could be destroyed.

With regard to girls, it is likely that post-war trauma, poverty and insecurity will prevent a number of them from completing a grade eight education. (In 1997 the drop-out rate for girls was 34 percent. Although there is little data on current rates, education specialists working in the region note that the drop-out rate for girls appears to be very high.) Increased transportation costs and economic limitations are posing barriers to families educating their daughters. While girls in certain regions are receiving additional education through local groups, four reasons have been cited for the relatively high drop-out rate for girls. (a) Security: fear of being physically attacked or raped; (b) Poverty: boys are chosen above girls who are useful to work at home or on land; (c) Unwillingness: often girls did not want to go because of a lack of encouragement at home and school; (d) Age: reflecting the fear that girls in their latter teens will be too old to find marriage partners. As in the area of healthcare, children with learning difficulties are not fully included in the current system and many children with disabilities are not attending school.

Civil and judicial rehabilitation

Through its civil documents section, UNMIK is issuing birth, death and marriage certificates in all 29 municipalities and preparations for civil registration were begun. The Mission will issue ID cards to up to two million Kosovars in a process that is linked to voter registration and elections. There are not assurances, however, that all statistics will be sex- and age- disaggregated.

In terms of judicial rehabilitation, UNMIK established an Emergency Judicial System consisting of four district courts, one ad hoc court of final appeal and an Office of Public Prosecutor. In March 2000 a new Criminal Code was under review, with OSCE working on key priorities for legal working groups on sexual violence, domestic violence and juvenile justice. The lack of a fully functioning legal system, however, has gender implications in that traditional laws work very much to the disadvantage of women. With the poor functioning of the courts, women seldom receive a favourable court decision in support of their right to custody of children. Similarly, women’s right to property is not generally recognized and, in cases of violence against women or children (including incest), the courts tend to free the husband and/or father on grounds of "lack of evidence" despite the presentation of photos and witness statements in evidence.
 
 
 
 
 
 

Pillar II: Civil Administration, under the UN and assistance to Communities at Risk

Domestic violence is pervasive in Kosova and there are few services that directly address the psychological and material needs of survivors. The means of support for women experiencing abuse differs across regions and cultures; long-term refuges or shelters are not the most appropriate option given the need for familial and community support.

With the arrival of a large international presence in Kosova, issues related to prostitution and trafficking have taken a more central significance. Rather than a route for traffickers, Kosova has become a destination. In light of this development, a number of needs have been identified, including for: (a) clear codes of conduct for all international staff in Kosova; (b) the application of real sanctions against the exploitation of women; (c) further enforcement by UNMIK of the trafficking laws that do exist; avoiding the criminalization of the victims of trafficking by having such women charged and prosecuted for prostitution.

The continuum of violence against women raises a multitude of concerns; clearly the INGOs, UNMIK and local groups need to improve their responses. Women are most likely to go to Centres for Social Work (QPS-Qendra per pune sociale) than anywhere else. Established in 1974, these Centres offered employment help and housing rental assistance to women fleeing violence. The Centres, 22 before the war, employed between 200-400 people. Unfortunately, despite many teams getting together after the war and working to reconstruct the centres (only in Gjakova was the building suitable for immediate use), no salaries were being paid. By the time salaries were paid in April 2000, many of the staff members were forced to seek alternative work.

Kosovar support groups

There are 50 or more indigenous Kosovar organisations of which 15 are working on women’s issues. Among these are:

women and children affected by war. Established a women’s centre in Prishtina in 2000. International organisations and initiatives

Among the many international organisations working in Kosova are:

UN organisational work on community assistance and women’s issues

In cooperation with various INGOs and local organisations, a number of UN agencies continue to work in Kosova. For example:

Criticisms of the international effort in Kosova and the funding provided for, and interest in, women’s issues have addressed, inter alia: (a) the lack of transparency and information on funding; (b) the need for a person to work with groups on issues of funding needs and applications so that criteria, processes and guidelines are clear and transparent; (c) the need to ensure translation of documents, guidelines and reports into Albanian and Serbian and the need to have meetings with internationals at which translation is freely available, rather than meetings in English with only certain women able to participate; and (c) the need for much more collaboration between UNHCR, UNIFEM, Organisation for Security and Cooperation in Europe (OSCE), and the Office for Gender Affairs.

The Office for Gender Affairs

The Gender Advisory Unit within the Office of the Special Representative of the Secretary-General in UNMIK was established to advise UNMIK structures on gender issues. In its initial stages, the Unit identified three key areas in Kosovar society that required attention: (a) the inadequate representation of women in decision-making; (b) violence against women (including rape, sexual trafficking and domestic violence); (c) economic recovery.

In March 2000, the Unit became the Office for Gender Affairs. The hope was that the Office would, in time:

PILLAR III: DEMOCRATISATION AND INSTITUTION BUILDING led by the Organisation for the Security and cooperation in Europe (OSCE) In implementing Security Council resolution 1244, UNMIK is mandated to provide for substantial autonomy and self-administration for Kosova while respecting the sovereignty and territorial integrity of the Federal Republic of Yugoslavia (FRY). The municipal elections in September 2000 will mark a watershed in Kosova's political transition, as they will confer international legitimacy on the local administrations. It is essential they are conducted freely and fairly, that citizens are well informed about key issues (which requires an effective and objective media) and that there is a level of participation by all ethnic groups. In April 2000 it was apparent that some of the emerging political parties are relatively weak, and do not have realistic policies for the future. As a consequence, and in response to the need to facilitate the development of political parties, the Organisation of Security and Cooperation in Europe (OSCE) assumed, on 21 March 2000 responsibility for the registration and operation of political parties in Kosova.

Registration and elections

A Joint Registration Taskforce (JRT) has been established by merging efforts under Pillar II (civil administration) with those under Pillar III (institution building). The JRT has the potential to be an important body in terms of gender data collection and mainstreaming as it is responsible for: (a) registration processes; (b) organisation of archives lost or confiscated; (c) consolidation of data bases of electronic information into search-supported formats; (d) recruitment and training of international and local staff to conduct registration activities; (e) conducting public information programmes on procedures and requirements of registration; (f) conducting civil and voter registration for Kosovars living in Kosova and voter registration for those outside; (g) completing the first phase of civil and voter registration database.

In preparation for the elections, registering with the UN civil administration will be a pre-requisite for political parties as legal entities and enable their participation in electoral processes with benefits. Political parties must submit their statutes and party programmes. According to OSCE guidelines, the latter must include ‘a commitment to democratic principles, the protection of human rights and tolerance for all people, regardless of their ethnicity’.

A number of points related to the September 2000 elections, and others planned for later, have been noted including that the manner in which registration and education for electoral participation are carried out is of the utmost importance in terms of defining democratic processes of collaboration and support from the international community towards Kosovar groups and communities. In terms of the position of women, some modernisation of ideas has occurred and the political process has become more open. Concern has been expressed, particularly by women, over several aspects related to democratisation generally and the elections specifically. These concerns relate to, for example: the fact that no education campaign on the electoral process has been planned or organized for women; the likelihood that the elections will result in "male political parties" using the votes of women to their own benefit; the lack of attention given to understanding and overcoming the obstacles to women’s participation (e.g. family obligations); the fast-track approach that is being taken, allowing little if any time for adequate education for women. Finally, in recent voter registration work of OSCE, information collected was not disaggregated by sex.

Human rights

The Secretary-General’s 12 July 1999 report to the Security Council noted that "In assuming its responsibilities, UNMIK will be guided by internationally recognised standards of human rights as the basis of the exercise of its authority in Kosovo. UNMIK will embed a culture of human rights in all areas of activity and will adopt human rights policies in respect of its administrative functions." Respect for and promotion of human rights and principles of democratic governance should, therefore, be at the heart of all work of the interim administration.

On 6 December 1999, OSCE released two human rights reports that document extensive human rights violations in Kosova. The first report, Kosovo/Kosova - As Seen, As Told, covers the period from December 1998 to June 1999 and concludes that Yugoslav and Serbian forces committed extensive human rights abuses and violated the laws governing armed conflict. Their victims were overwhelmingly Kosovar Albanians. The second report, As Seen, As Told, Part II, covers the period between 14 June and 31 October 1999 and details human rights violations against minorities.

As of 28 March 2000, the post of Ombudsperson was established and given a mandate to investigate and report on complaints of human rights violations and maladministration. The Ombudsperson will review and redress actions constituting an abuse of authority by the interim civil administration or any emerging central or local institution. The Ombudsperson and international monitors, local NG0s, and remedies through judicial processes can thus be seen to continue to work in defence of human rights and fundamental freedoms "from the outside" while the Department of Democratic Governance and Civil Society Support (DGCSS) works from the inside.

At the same time, the Office for Human Rights in Belgrade, which was established by the Office of the UN High Commissioner for Human Rights (OHCHR), has asked the Justice Minister for the FRY for an accounting of all Kosovars detained in the territory before March 1999, those held in Serbia after that date and all who have been released from Serbian prisons. The Human Rights Office has also asked the Ministry of Justice to visit several Serb prisons to ascertain the condition of women, children, the elderly or sick detainees from Kosova.

In should be noted that general concern has been raised about the situation of minorities, especially women and girls, within the demographic profile in Kosova, and the human rights implications of this situation. Particular concern was expressed about, inter alia, the Roma minorities (who is assisting them and how they survive among Albanian and Serb majorities), and the situation of Serb and Bosniac minorities in areas of Albanian majority. Given that more minorities are emerging in Kosova and, more generally in South Eastern Europe, information has indicated that the situation of women and girls is worst. As such, it may be expected that the newly appointed Ombudsperson and the OHCHR human rights offices in Belgrade and other areas of the FRY will be called upon to monitor respect for the rights of persons belonging to minorities and intervene on their behalf when and where appropriate and/or possible.

Media

It is generally acknowledged that an independent and respected media is a cornerstone of democratic development. A number of significant programmes to promote human rights and support the development of independent media have, therefore, built on the work that was done with refugees while in exile in Macedonia and Albania. Continuing work in this area has included encouraging professional journalists to establish a voluntary ethical code and convening regular roundtables with Kosovar journalists and international donors to address media development policies. These policies include the eventual establishment of an independent agency or commission with responsibility for licensing and regulation of radio and television broadcasting. The Interim Media Commission (IMC), proposed by the Department of Democratic Governance & Civil Society Support (DGCSS), has been projected as the body that will be responsible for licensing and regulation of broadcasters. The DGCSS has also committed itself to ensuring that administration in Kosova respects the two basic principles governing the relationship between public authorities and the media, namely: (a) to act in the public interest to manage and safeguard a public trust; and (b) to have the right of accountability when public funds are directly involved.

Joint Interim Administrative Structures(JIAS)

The Interim Administrative Council agreed on 4 January 2000 to begin drafting regulations to define the competencies of the 20 departments (the equivalent of ministries) that were to be created under the JIAS, in cooperation with the legal office of UNMIK. The 20 departments that were agreed are: agriculture; central and fiscal authority (budget and finance); civil security and emergency preparedness; culture; democratic governance and civil society support; education and science; environment; public services; health and social security; justice; labour and employment; local administration; non-resident affairs; post and telecommunications; reconstruction; sports; trade and industry; transport and infrastructure; utilities; and youth. The administrative departments were allocated to political parties -- Kosova Democratic League (LDK) and the Democratic Progress Party of Kosova (PPDK) -- to co-head them with officials of UNMIK. Only the Department of Democratisation and Civil Society was allocated to an independent. As of April 2000, four other departments were unfilled and were to be co-headed by national communities (agriculture and labour and employment – Serb; environment – Bosniac; transport and infrastructure – Turk).

In 1999, no women were appointed to the Kosovo Transitional Council, the equivalent of and few elsewhere. Kosovar women participated fully in the parallel system of politics; during the war and in reconstruction processes locally and regionally their involvement has been key. This has not been recognised within the rehabilitation processes and in the creation of new adminstrative structures. For example, of the 20 government departments only 2 are headed by Kosovar women, with only 1 as an independent (political party affiliation). In March 2000, the OSCE statistics showed that while 24% of the Kosovar police force was female, only 6% of the UN police force was female.

The Department for Democratic Governance and Civil Society Support (DGCSS)

This Department is being established as a watchdog, with a mandate to advise on, and encourage the observation of, human rights and democratic standards in Kosova’s interim administration, police forces and any emerging governmental structures. It also aims to take a lead role within JIAS in promoting gender equality and ensuring that this equality is guaranteed by legislation and in the practices of the administration. The Department is to work closely with civil society groups active in the area of women’s issues and to use their resources to promote such issues. As part of the JIAS structure, the Department will be forming and implementing human rights policy and principles of democratic governance to (a) protect independent bodies and autonomous institutions from improper governmental influence, (b) facilitate interaction of independent bodies and NGOs with the administration and (c) assist other Administrative Departments in meeting applicable standards of human rights and democratic governance.

In April 2000, the Department was planning to implement its work through five functional units. The units, as currently designed, include the Human Rights Policy Bureau, the Bureau for Democratic Governance, the Equal Opportunities Board (EOB), an NGO Office and an Independent Media Support Office. The bureaux are expected to develop independent advisory boards to provide independent advice in their areas of competence.

For women, the Equal Opportunities Board will be key in that attention will focus on ensuring that the policies, legislation and other regulations that are developed by the JIAS are gender sensitive and work in such a way as to mainstream gender. The EOB strives to ensure equal opportunities and freedom from discrimination on all grounds as enunciated in relevant international instruments, including but not limited to sex, age, sexual orientation, religion and race. It will also focus on the rights of persons with disabilities and encourage and facilitate their integration into the workplace, political processes, and other facets of society; efforts will also be made to ensure access to processes and premises for persons with disabilities.

Pillar IV: Economic reconstruction, managed by the European Union. Four of the priorities of Pillar IV were and still are: This work is being conducted in five integrated phases with Phase I more or less complete and Phase II currently under way. Phase I: Set up administrative structures, deploy international civilian police, provide emergency assistance for returning refugees and displaced persons, restore public services, train local police and judiciary, develop a phased economic recovery plan and seek to establish a self-sustaining economy Kosova is one of the poorest regions in Europe and was one of the less developed parts of Yugoslavia. In the 10 years prior to the NATO action in Kosova, the parallel economy developed by Kosovar Albanians promoted entrepreneurship and networks to support small business. Since the cease-fire and return of the refugees in 1999, various sectors of this alternative economy are healthy. International efforts to rebuild the economy have included a project designed by the World Bank Community Development Fund. The aim of the project is to help small community projects improve the living conditions of people. The Fund has a completely local board with at least 50 per cent representation by women. What is needed, however, is long-term funding for development of various areas and locations in Kosova. Also, while acknowledging that there are now more job opportunities for women in Kosova, most of these jobs are only appropriate for unmarried, young educated women. There continues to be a need for training and retraining of women to enhance their capacity to participate in, and benefit from, economic reconstruction. As in many places around the world, women in Kosova would benefit from workplace training and part-time or flexible working hours, plus some emphasis in farming skills – such as tractor driving and general agricultural and horticultural training. Phase II: Administration of social services and utilities; consolidation of the rule of law; preparation for elections Since 1989, the social systems and social structure in Kosova were divided along ethnic lines with Serbian control through the formal structures of the FRY. In the post-conflict situation it has become clear that Serbia is able to extend its influence over the provision of basic services to Kosovar Serbs who remain in Serb "enclaves"such as that in part of Mitrovica, northern Kosova. Traditional Kosovar Albanian family structures, which linked rural and urban communities, were undermined by the conflict and it was unclear how the parallel networks were able to respond to community needs given the dislocation of refugees and returnees. Some fragmentation of these networks was seen to be associated with the relative strengths in different regions of Kosova of the very localised networks of the Democratic League of Kosova (LDK) and the former Kosova Liberation Army (KLA/UCK).

The final three phases under Pillar IV do not yet appear scheduled for completion within a planned time frame. These phases involve:

Conclusions

Since the end of the NATO action in 1999, the willingness of Kosovars to assist UNMIK authorities in various fields, as well as their capacity for self-organisation, have been undermined or blocked in keys areas. The causes for this are various and include, for example:

It can also be said throughout the administration of social, economic and political change in Kosova there has been discrimination against women. As a result women’s potential contributions have been ignored and at times undermined. This has been particularly apparent in, for example: It is clear that greater consultation between international organisations working on gender issues at much earlier stages of reconstruction would have facilitated a more inclusive and coherent process. For example: Recommendations

It is recommended that:

Stability Pact for South Eastern Europe

The Stability Pact (the Pact) for South Eastern Europe was agreed in Cologne on 10 June 1999. The Pact aims at strengthening countries in South Eastern Europe in their efforts to foster peace, democracy, respect for human rights and economic prosperity, in order to achieve stability in the whole region. Those countries in the region who seek integration into Euro-Atlantic structures, together with a number of other participants in the Pact, believe that the implementation of this process will facilitate their objective.

The states pledged to cooperate in order to:

· Preserve the multinational and multiethnic diversity of countries in the region and protect minorities.

· Create vibrant market economies based on sound macro policies, open markets to greatly expanded foreign trade and private sector investment, establish effective and transparent customs and commercial/regulatory regimes, and develop strong capital markets and diversified ownership, including privatization.

· Foster economic cooperation in the region and between the region and the rest of Europe and the world, including free trade areas.

· Promote unimpeded contacts among citizens.

· Combat organised crime, corruption and terrorism and all criminal and illegal activities.

· Prevent forced population displacement caused by war, persecution and civil strife as well as migration generated by poverty.

· Ensure the safe and free return of all refugees and displaced persons to their homes while assisting the countries in the region by sharing the burden imposed upon them.

· Create the conditions, for countries of South Eastern Europe, for full integration into political, economic and security structures of their choice.

To reach the agreed objectives, a South Eastern Europe Regional Table will review progress under the Pact. The Regional Table will ensure coordination of activities of and among three Working Tables that will build on existing expertise, institutions and initiatives. These Working Tables are set up to address (a) democratisation and human rights; (b) economic reconstruction, development and cooperation; (c) security issues.

At the Sarajevo Summit on 30 July 1999, a Declaration was made of all principal parties to endorse the purposes and principles of the Pact that was subsequently placed under the auspices of the OSCE. For the purposes of this Audit, relevant points in the Sarajevo Declaration are, inter alia:

Among the most significant concrete initiatives launched by the Pact since the Sarajevo Summit are (a) conclusion of an investment compact that includes firm commitments by countries in the region to improve their investment environment; (b) an anti-corruption initiative as part of an overall effort to fight organised crime; (c) creation of a business advisory council that will be closely involved in, among other issues, the Investment Compact process and provide advice on private sector development; (d) a process to identify the main priorities related to infrastructure reconstruction and improvement, and private sector initiatives that will enable the Pact to advance concrete proposals at a regional funding conference; (e) development of concrete and integrated action plans by operationally oriented task forces, with the participation of key actors, on good governance, education, freedom of the media, gender, ethnic minorities and refugees. It may be noted that the European Commission has made contributions to the Working Tables, in particular: proposals for a regional network of civil society organizations, an environmental action plan for the region and an initiative in support of Roma minorities.

Within the context of the Pact, in November 1999 the Gender Task Force (under OSCE) outlined an action plan that focuses on concrete reforms in three areas of activity: political empowerment of women, electoral legislation, and national gender machinery. It was unclear in April 2000, however, what follow-up developments had taken place in these three areas of activity.

In February 2000, the potential for conflict in the Balkans was recognized. It was suggested that, within the framework of the Pact, consideration be given to two initiatives: the establishment of a Balkan Parliament and the establishment of a Balkan Political Club. In terms of these and other proposals that may be made in future, the question remains as to the whether the Pact has the backing and political influence to pursue its broader political aims, that is to devise a common international response to the region from Romania to Greece and to coordinate systematic reform.

Questions have also been raised regarding whether the small Pact office (in Brussels) has the necessary profile to referee the competitiveness between the international organisations, as well as those between donor states, and among rival Balkan countries. The Pact assumes that a common European foreign and security policy already exists; this is not the case. For example, differences between member states on sanctions policy towards Serbia have presented early obstacles and it remains to be seen how the office will bring any authority to bear on its tasks. The US$2.3 billionfund raised by the international community at a meeting on 28 and 29 March 2000, however, has convinced people that the Pact is now a working initiative and the international community has the possibility to make some constructive changes in the South East European region. Others have viewed the Pact, however, as a "clearing house" trying to link donors’ pledges with concrete projects.

Several key reasons for the disappointment in the pact, after one year, are apparent. Those reasons include (a) although the Pact was designed as a post-war reconstruction initiative, conflict was still occurring when the initiatives were applied; (b) since Milosevic is still in power in Belgrade, the major objective of regional integration remains at the level of speech-making; (c) the Pact is also something of a survivor of the wars inside the European Union and between the U.S. and the EU; (d) the Pact has become part of the problem rather than the solution because of the high expectations created in societies in the region that have not been fulfilled; (e) the Pact’s major failure is that it has not initiated constructive debate on the future of the region and advanced ideas that are substantively different than those already tried in Bosnia; (f) there has not been sufficient involvement of media professionals from the region; (g) there has been an apparent bias towards those emanating from Western-based organisations in the selection of projects, although may of these organizations do not have sufficient local-partner dimensions.

Specifically with regard to women, it has been suggested that donors should, within the context of the Pact, give greater appreciation to and consideration of women’s initiatives. It has been noted by women in the region that women are a promising force for peace and peace-building. While women’s projects may seem very simple , they have the political goal of promoting peace and stability.

Conclusions

At the outset, the expectations of the people in South Eastern Europe were hopeful and supportive of the new Stability Pact, which became popular with civic groups and NGOs. It was imagined that the initiative was a departure from the "government first policies" of the European community in the past and would not be only about security but also about human security. However, almost one year after its launch, there is recognition that a major failure of the Pact has been an intellectual failure, namely, its failure to initiate a constructive debate on the future of the region and to spark ideas different from those already tried in Bosnia. Other observations and the past and future of the Pact include that:

Recommendations

In terms of future work and demands to be addressed to donor governments and regional bodies, it is recommended that:


 
 
 
 
###
Acknowledgments

Thanks all those who took time from busy lives to meet with me in Kosova in March 2000 and to patiently answer my queries. My thanks are also to those women and men in the South-East European Information Network who gather and disseminate information for readers of the Stability Pact Watch. My gratitude also to Ariane Brunet (UAF) and Mary Diaz (WCRWC) for facilitating my visit to Kosova and for our long fruitful conference calls! My final debt of gratitude is to all feminist friends throughout Central and South Eastern Europe without whom I would not have been able to make this report.

Chris Corrin

Glasgow, May 2000

Centre for Women's Studies

Department of Politics,

University of Glasgow

GLASGOW G12 8RT

SCOTLAND, UK

Fax: +44 141 330 5071

E-mail: c.corrin@socsci.gla.ac.uk
 
 

Chris Corrin’s meetings in Prishtina – March 2000

UNMIK co-heads: Local Administration; Democratic Governance and Civil Society Support; Education and Science; Health and Social Security

Members of UNDP, UNMIK Office for Gender Affairs*, UNIFEM*, Kosova Women’s Initiative (UNHCR)*, UNMIK Radio, OSCE Human Rights Officers*, DFID Prishtina, USAID (small-medium enterprises), Canadian Cooperation Support Office, World Bank Community Development Programme; University Professors

NGOs and Women’s Organisations: Kosovar Civil Society Foundation; Women’s Studies group; Motrat Qiriazi; Rural Women’s Network; Radio 21; International Medical Corps

* Denotes more than one meeting/discussion.
 
 






Appendix I







Acronyms

AI Amnesty International ANEM Association of Independent Electronic Media

AOR Area of Responsibility

BPRM Bureau for Population, Refugees and Migration, United States Department of State

CDHRY Council for the Defence of Human Rights

CEDAW Convention on the Elimination of all forms of Discrimination against Women (UN)

CIVPOL United Nations Police

CPWC Centre for the Protection of Women and Children, Kosova

CSW Centres for Social Work, Kosova

CSW UN Commission the Status of Women

DESK Developing Education in Kosova

DEVAW Declaration on the Elimination of Violence against Women

DfID Department for International Development (UK)

DGCSS Department of Democratic Governance & Civil Society Support

DSRSG Deputy Special Representative of Secretary General

EOB Equal Opportunities Board (DGCSS)

EU European Union

FRY Federal Republic of Yugoslavia

GNP Gross National Product

HCIC Humanitarian Community Information Centre HRW Human Rights Watch, USA

IAC Interim Administrative Council

ICIMPD International Centre for Migration Policy Development, Austria ICTY International Criminal Tribunal on Yugoslavia

ICCRHD International Centre for Human Rights and Democratic Development

IFRC International Federation of the Red Cross

IMC Interim Media Commission IMC International Medical Corps, USA

INGO International Non-Governmental Organisation

IOM International Organisation for Migration

IRC International Rescue Committee

JIAS Joint Interim Administrative Structure for Kosovo

JRT Joint Registration Taskforce

K-FOR Kosovo NATO forces

KLA Kosova Liberation Army (UCK - Albanian initials)

KPC Kosovo Protection Corps

KTC Kosovo Transitional Council KVM Kosovo Verification Mission of the OSCE

KWECC Kosovo War and Ethnic Crimes Court

KWI Kosovo Women’s Initiative (UNHCR)

LDK Kosova Democratic League

LDK League for a Democratic Kosova

MCI Mercy Corps International

MQ Motrat Qiriazi Rural Women's group, Kosova

MTS Mother Theresa Society

NATO North Atlantic Treaty Organisation

NGO Non-governmental organisation

NUNS Independent Union of Serbian Journalists

OSCE Organisation for Security and Cooperation in Europe

PPDK Democratic Progress Party of Kosova

QPS Qendra per Pune Sociale (Centre for Social Work)

SRSG Special Representative of Secretary General

UAF Urgent Action Fund

UN United Nations

UNFPA United Nations Fund for Population Activities

UNICEF United Nation Children’s Fund

UNIFEM United Nations Development Fund for Women

UNMIK United Nations Mission in Kosova

USAID United States Agency for International Development

VJ Yugoslav army

WHO World Health Organisation
 
 














Appendix II
 
 

Security Council Resolution 1244 (1999) on situation relating to Kosovo







Adopted by the Security Council at its 4011th meeting, on 10 June 1999

The Security Council

Bearing in mind the purposes and principles of the Charter of the United Nations, and the primary responsibility of the Security Council for the maintenance of international peace and security,

Recalling its resolutions 1160 (1998) of 31 March 1998,1199 (1998) of 23 September 1998, 1203 (1998) of 24 October 1998 and 1239 (1999) of 14 May 1999,

Regretting that there has not been full compliance with the requirements of these resolutions,

Determined to resolve the grave humanitarian situation in Kosovo, Federal Republic of Yugoslavia, and to provide for the safe and free return of all refugees and displaced persons to their homes,

Condemning all acts of violence against the Kosovo population as well as all terrorist acts by any party,

Recalling the statement made by the Secretary-General on 9 April 1999, expressing concern at the humanitarian tragedy taking place in Kosovo,

Reaffirming the right of all refugees and displaced persons to return to their homes in safety,

Recalling the Jurisdiction and the mandate of the International Tribunal for the Former Yugoslavia,

Welcoming the general principles on a political solution to the Kosovo crisis adopted on 6 May 1999 (S/1999/516, annex 1 to this resolution) and welcoming also the acceptance, by the Federal Republic of Yugoslavia of the principles set forth in Points 1 to 9 of the paper presented in Belgrade on 2 June 1999 (S/ 1999/649, annex 2 to this resolution), and the Federal Republic of Yugoslavia's agreement to that paper,

Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2,

Reaffirming the call in previous resolutions for substantial autonomy and meaningful self-administration for Kosovo,

Determing that the situation in the region continues to constitute a threat to international peace and security, Determined to ensure the safety and security of international personnel and the implementation by all concerned of their responsibilities under the present resolution, and ac tin for these purposes under Chapter VII of the Charter of the United Nations,

1. Decides that a political solution to the Kosovo crisis shall be based on the general principles in annex 1 and as further elaborated in the principles and other required elements in annex 2;

2. Welcomes the acceptance by the Federal Republic of Yugoslavia of the principles and other required elements referred to in paragraph 1 above, and demands the full cooperation of the Federal Republic of Yugoslavia in their rapid implementation;

3. Demands in particular that the Federal Republic of Yugoslavia put an immediate and verifiable end to violence and repression in Kosovo, and begin and complete verifiable phased withdrawal from Kosovo of all military, police and paramilitary forces according to a rapid timetable, with which the deployment of the international security presence in Kosovo will be synchronized;

4. Confirms that after the withdrawal an agreed number of Yugoslav and Serb military and police personnel will be permitted to return to Kosovo to perform the functions in accordance with annex 2;

5. Decides on the deployment in Kosovo, under United Nations auspices, of international civil and security presences, with appropriate equipment and personnel as required, and welcomes the agreement of the Federal Republic of Yugoslavia to such presences;

6. Requests the Secretary-General to appoint, in consultation with the Security Council, a Special Representative to control the implementation of the international civil presence, and further requests the Secretary- General to instruct his Special Representative to coordinate closely with the international security presence to ensure that both presences operate towards the same goals and in a mutually supportive manner;

7. Authorizes Member States and relevant international organizations to establish the international security presence in Kosovo as set out in point 4 of annex 2 with all necessary means to fulfil its responsibilities under paragraph 9 below;

8. Affirms the need for the rapid early deployment of effective international civil and security presences to Kosovo, and demands that the parties cooperate fully in their deployment;

9. Decides that the responsibilities of the international security presence to be deployed and acting in Kosovo will include:

(a) Deterring renewed hostilities, maintaining and where necessary enforcing a ceasefire, and ensuring the withdrawal and preventing the return into Kosovo of Federal and Republic military, police and paramilitary forces, except as provided in point 6 of annex 2; paragraph 15 below;

(b) Demilitarizing the Kosovo Liberation Army (KLA) and other armed Kosovo Albanian groups as required in (c) Establishing a secure environment in which refugees and displaced persons can return home in safety, the international civil presence can operate, a transitional administration can be established, and humanitarian aid can be delivered;

(d) Ensuring public safety and order until the international civil presence can take responsibility for this task;

(c) Supervising demining until the international civil presence can, as appropriate, take over responsibility for this task;

(f) Supporting, as appropriate, and coordinating closely with the work of the international civil presence;

(g) Conducting border monitoring duties as required;

(h) Ensuring the protection and freedom of movement of itself, the international civil presence, and other international organizations;

10. Authorizes the Secretary-General, with the assistance of relevant international organizations, to establish an international civil presence in Kosovo in order to provide an interim administration for Kosovo under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia, and which will provide transitional administration while establishing and overseeing the development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo;

11. Decides that the main responsibilities of the international civil presence will include:

(a) Promoting the establishment, pending a final settlement, of substantial autonomy and self-government in Kosovo, taking full account of annex 2 and of the Rambouillet accords (S/1999/648);

(b) Performing basic civilian administrative functions where and as long as required;

(c) Organizing and overseeing the development of provisional institutions for democratic and autonomous self-government pending a political settlement, including the holding of elections;

(d) Transferring, as these institutions are established, its administrative responsibilities while overseeing and supporting the consolidation of Kosovo's local provisional institutions and other peace-building activities;

(e) Facilitating a political process designed to determine Kosovo's future status, taking into account the Rambouillet accords (S/1999/648);

In a final stage, overseeing the transfer of authority from Kosovo's provisional institutions to institutions established under a political settlement;

(g) Supporting the reconstruction of key infrastructure and other economic reconstruction;

(h) Supporting, in coordination with international humanitarian organizations, humanitarian and disaster relief aid;

(1) Maintaining civil law and order, including establishing local police forces and meanwhile through the deployment of international police personnel to serve in Kosovo;

(J) Protecting and promoting human rights;

(k) Assuring the safe and unimpeded return of all refugees and displaced persons to their homes in Kosovo;

12. Emphasizes the need for coordinated humanitarian relief operations, and for the Federal Republic of Yugoslavia to allow unimpeded access to Kosovo by humanitarian aid organizations and to cooperate with such organizations so as to ensure the fast and effective delivery of international aid;

13. Encourages all Member States and international organizations to contribute to economic and social reconstruction as well as to the safe return of refugees and displaced persons, and emphasizes in this context the importance of convening an international donors' conference, particularly for the purposes set out in paragraph 11 (g) above, at the earliest possible date;

14. Demands full cooperation by all concerned, including the international security presence, with the International Tribunal for the Former Yugoslavia;

15. Demands that the KLA and other armed Kosovo Albanian groups end immediately all offensive actions and comply with the requirements for demilitarization as laid down by the head of the international security presence in consultation with the Special Representative of the Secretary- General;

16. Decides that the prohibitions imposed by paragraph 8 of resolution 1160 (1998) shall not apply to arms and related material for the use of the international civil and security presences;

17. Welcomes the work in hand in the European Union and other international organizations to develop a comprehensive approach to the economic development and stabilization of the region affected by the Kosovo crisis, including the implementation of a Stability Pact for South Eastern Europe with broad International participation in order to further the promotion of democracy, economic prosperity, stability and regional cooperation;

18. Demands that all States in the region cooperate fully in the implementation of all aspects of this resolution;

19. Decides that the international civil and security presences are established for an initial period of 12 months, to continue thereafter unless the Security Council decides otherwise;

20. Requests the Secretary-General to report to the Council at regular intervals on the implementation of this resolution, including reports from the leaderships of the international civil and security presences, the first reports to be submitted within 30 days of the adoption of this resolution;

21. Decides to remain actively seized of the matter.


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