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Minorities in Kosovo Raif Elezi Deputy Minister of Local Government Administration
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State Construction Article 1, point 2 of the Constitution of the Republic of Kosovo: The Republic of Kosovo is a state of its citizens. The Republic of Kosovo exercises its authority based on the respect for human rights and freedoms of its citizens and all other individuals within its borders. Article 3, point 1 states: The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions.
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State Construction Definition of communities: … inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of the Republic of Kosovo…
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Law on Communities 1.4 For the aims of this law, communities are defined as national, ethnic, cultural, language or religious groups present traditionally in the Republic of Kosovo which are not majority. These groups are of the Serbian, Turkish, Bosnian, Roms, Ashkali, Egyptian, Gorans and other communities. Members of the majority community in Kosovo who in total are not majority in a certain municipality also have the listed rights in this law.
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Multi-ethnic character of the society in Kosovo The Republic of Kosovo is a multi-ethnic society consisting of Albanian and other Communities, governed democratically with full respect for the rule of law through its legislative, executive and judicial institutions. Constitution of the Republic of Kosovo, Article 3, point 1. The flag, the seal and the anthem are the state symbols of the Republic of Kosovo all of which reflect its multi- ethnic character Constitution of the Republic of Kosovo, Article 6, point 1.
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Special rights Article 57 of the Constitution Inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of the Republic of Kosovo (Communities) shall have specific rights as set forth in this Constitution in addition to the human rights and fundamental freedoms provided in chapter II of this Constitution.
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Communities participation and representation Representation of communities in the Assembly of Kosovo (determinate seats: 10 for Serbian community and 10 for the other communities) For the procedures of special interest – double majority Appointing the deputy chairperson of the Assembly from communities Committee on Communities Rights and Interests Communities Consultative Council Representation in Government: Ministers from Serbian community and other communities Representation in the judicial system: 2 representatives in the Constitutional Court and 3 in the High Court. Wide representation in adminsitration.
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Other mechanisms providing multi- ethnic character Democratic government through mechanisms dividing and balancing the government among communities Key institutions reflecting ethnic diversity: structure of civil servants; Kosovo Police, Kosovo Security Force and intelligence service. Legal standards based on those of European Union.
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Local Government Establishment of new municipalities: the majority of communities live in municipalities where they compound the majority Asymmetric devolution of the government: extended municipal competences Inter-municipal cooperation Special relations with Serbia
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Legal Guaranties Ahtisaari Document Constitution of the Republic of Kosovo Law on the communities and their partners rights protection and promotion in the Republic of Kosovo A considerable number of laws regulating language usage, education, police, civil service etc.
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Other fields of communities’ protection Albanian and Serbian language determined as official languages in the state level Special measures on education, including high education Preservation and advance of culture, heritage and religious rights of communities
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