KWN against Retrial of Murderer Pjetër Nrecaj’s case

On June 24, the Supreme Court returned to retrial the case of Pjetër Nrecaj, which is serving a life sentence for the murder of this wife, Valbona-Marku Nrecaj, and their 9-year old daughter, in August 2018.

Kosovo Women’s Network (KWN) has immediately reacted through a Press Release condemning this decision.

KWN recalled to the public that Pjetër Nrecaj deliberately using a fire gun took the life of his wife Valbona-Marku Nrecaj, and their daughter. Furthermore, before committing the premeditated murder, he had sent threating phone messaged to the late Valbona-Marku Nrecaj, after which messaged he committed the murder. There was also a lawsuit against Pjetër Nrecaj, for the possession, control, and unauthorized weapons possession.

KWN considers that the retrial for such cases directly affects the loss of trust in the justice system for potential victims of domestic violence and their family members.

Therefore, we demand the Supreme Court not to change the verdict of the Court of Appeal, taking into account all the legal aspects, as well as social and moral values which are in compliance with the life imprisonment sentence for double murder.

Read HERE the full Press Release.

 

KWN against Retrial of Murderer Pjetër Nrecaj’s case

On June 24, the Supreme Court returned to retrial the case of Pjetër Nrecaj, which is serving a life sentence for the murder of this wife, Valbona-Marku Nrecaj, and their 9-year old daughter, in August 2018.

Kosovo Women’s Network (KWN) has immediately reacted through a Press Release condemning this decision.

KWN recalled to the public that Pjetër Nrecaj deliberately using a fire gun took the life of his wife Valbona-Marku Nrecaj, and their daughter. Furthermore, before committing the premeditated murder, he had sent threating phone messaged to the late Valbona-Marku Nrecaj, after which messaged he committed the murder. There was also a lawsuit against Pjetër Nrecaj, for the possession, control, and unauthorized weapons possession.

KWN considers that the retrial for such cases directly affects the loss of trust in the justice system for potential victims of domestic violence and their family members.

Therefore, KWN demands the Supreme Court not to change the verdict of the Court of Appeal, taking into account all the legal aspects, as well as social and moral values which are in compliance with the life imprisonment sentence for double murder.

Read HERE the full Press Release.

KWN against Retrial of Murderer Pjetër Nrecaj’s case

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Today, on June 24, the Supreme Court returned to retrial the case of Pjetër Nrecaj, which is serving a life sentence for the murder of this wife, Valbona-Marku Nrecaj, and their 9-year old daughter, in August 2018.

Kosovo Women’s Network (KWN) through this Press Release condemns this decision of the Supreme Court, recalling to the public that Pjetër Nrecaj deliberately using a fire gun took the life of his wife Valbona-Marku Nrecaj, and their daughter. Furthermore, before committing the premeditated murder, he had sent threating phone messaged to the late Valbona-Marku Nrecaj, after which messaged he committed the murder. There was also a lawsuit against Pjetër Nrecaj, for the possession, control, and unauthorized weapons possession. At the very moment of the murder, according to the eyewitnesses, present were also the other children of this couple, which could also suffer from the shooting of Pjetër Nrecaj. The Court of Appeal rightly sentenced him to life imprisonment for these acts.

However, today the Supreme Court in its reasoning for this retrial, states that “the first instance verdict contains essential violations of the provisions of criminal procedure and that the Second Instance Court while accepting these defects in guilty plea procedure, it was obliged to review and reject the judgment, and not to move on with this violation, which is present and also limits legal qualification, since it may be the case of serious murder under Article 179 par. 1 subparagraph 1.11 of the KPC, exclusively if two or more premeditated murder were committed”.

Reminding the Supreme Court that the Penal Code, Article 44.par.1 states that: “The law may foresee a life sentence for the most serious criminal offenses committed in extremely severe or for offenses that have caused very serious damages, whereas lifelong imprisonment shall be imposed on any person who according to Article 179, par.1, sub.1.1 deprives a child of his or her life, and according to Article 1.3 deprives a family member of his or her life.

KWN considers that the retrial for such cases directly affects the loss of trust in the justice system for potential victims of domestic violence and their family members. The punishment of murders, especially of those who are legally recognized as domestic violence recidivists, such as the case of Pjetër Nrecaj (reminding that he has been in detention since in the presence of the children he conducted domestic violence against the deceased) shows that the justice system protects the victims of domestic violence and that the murder as a consequence of this violence is not tolerated.

Therefore, we demand the Supreme Court not to change the verdict of the Court of Appeal, taking into account all the legal aspects, as well as social and moral values which are in compliance with the life imprisonment sentence for double murder.

KWN supports the Commission on the work for Recognition and Verification of the Status of Wartime Sexual Violence Survivors

On June 18, Kosovo Women’s Network (KWN) representatives visited the Government Commission on Recognition and Verification of the Status of Sexual Violence Victims during the Kosovo Liberation War.

The aim of this visit was to gain a closer understanding with the progress of the process of recognizing and verifying the status of Sexual Violence Victims during the war, know the challenges that the Commission faces, as well as express KWN’s support for the tireless and transparent work ethic of the Commission.

“We have been part of this Commission’s journey since its establishment and we know it’s impartial and transparency,” said Ariana Qosaj-Mustafa, Chair of the KWN’s Board.

Whereas, Minire Begaj-Balaj, the Chairperson of the Commission, has shared with the staff the challenges and the work of this Commission.

“The work is done and efficiency of the Commission should not be measured solely by the number of approved applications: we should take into consideration the fact that dealing with such cases sometimes means handling a single case up to six times as a result of incomplete files. In this way we would underhand that the figures for our work are mathematically higher than the number of approved cases, she said.

Appreciating the commitment of the Commission, Igballe Rogova, KWN’s Executive Director said “As KWN has always pointed out, the will of the survivors should be respected in relation to the application process for recognition and verification of their status, because not everyone wants to apply. Therefore, providing an encouraging application environment, as well as providing the survivors with support and a confidential and impartial process is very important to us”.

Regarding this visit KWN has issued a Press Release, which you can read HERE.

KWN supports the Tireless and Transparent work of the Government Commission on Recognition and Verification of the Status of Sexual Violence Survivors during the Kosovo Liberation War

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On June 18, Kosovo Women’s Network (KWN) representatives visited the Government Commission on Recognition and Verification of the Status of Sexual Violence Victims During the Kosovo Liberation War. The aim of this visit was to gain a closer understanding with the progress of the process of recognizing and verifying the status of Sexual Violence Victims during the war, know the challenges that the Commission faces, as well as express KWN’s support for the tireless and transparent work ethic of the Commission.

“We have been part of this Commission’s journey since its establishment and we know it’s impartial and transparency,” said Ariana Qosaj-Mustafa, Chair of the KWN’s Board.

Among the key challenges of the Commission’s work, Minire Begaj-Balaj, the Chairperson of the Commission, listed the problem of incomplete cases that reach the Commission from the very beginning when they are brought for application, as well as delays in responding to verifiable requests made to organizations (which does not include the four organizations that are already authorized to receive the applications: Kosovar Rehabilitation Centre for Torture Victims (KRCT), Medica Kosova, Medica Gjakova and the Centre for Protection of Women’s Rights (CPWR) in Drenas).

Further, Begaj-Balaj through figures briefed on the work of the Commission starting from its inception period in February 2018. She stated that from the beginning of the Commission’s work, they have received 1,058 applications, of which 395 were approved, 152 were rejected, 52 are still proceeding, thus consisting 599 the number of all cases treated, while 461 remain in the treatment. She emphasized that most of the applicants are women, a small percentage of men, as well as that most applications are from the Albanian community, but there are also other communities applying for this status.

“However, the work is done and efficiency of the Commission should not be measured solely by the number of approved applications: we should take into consideration the fact that dealing with such cases sometimes means handling a single case up to six times as a result of incomplete files. In this way we would underhand that the figures for our work are mathematically higher than the number of approved cases, she said.

Appreciating the commitment of the Commission, Igballe Rogova, KWN’s Executive Director said “As KWN has always pointed out, the will of the survivors should be respected in relation to the application process for recognition and verification of their status, because not everyone wants to apply. Therefore, providing an encouraging application environment, as well as providing the survivors with support and a confidential and impartial process is very important to us”.

Recent developments in Kosovo, including the publication by MP Flora Brovina of a photograph aimed to witness the rape of a woman by Serbian military forces during the war in Kosovo, an act which KWN condemned, and later the authenticity of this image was contested, violate the dignity of sexual violence survivors, as well as serve as a discouragement for reporting from other sexual violence survivors. Furthermore, it serves as a dangerous precedent for all those individuals reporting sexual violence what they can expect from the process.

“After the publication of this photograph, we received numerous phone calls from sexual violence survivors who applied for their status and/or from their relatives seeking to withdraw the application fearing that their testimonies and pictures will circulate publicly as well, and their confidentiality will be affected”, Begaj-Balaj stated.

Supporting the tireless work ethic and the transparency of the Commission, KWN repeats its call for everyone to be cautious, to offer their support for the survivors, and to build a more encouraging environment for the recognition and verification of the status of wartime sexual violence survivors in Kosovo.

 

 

 

 

 

 

 

 

 

 

 

 

KWN Launches Exhibition: “Break the Silence: Ending Violence Behind Walls”

On 14-16 June in “Skënderbeu” square, Prishtina, 665 people visited the exhibition “Break the silence: Ending violence behind walls”, hosted by the Kosovo Women’s Network (KWN).

Symbolically this exhibition portrayed a labyrinth, resembling a home where domestic violence occurs. Stories and statistics about violence hung in frames on the walls. Through multimedia and interactive materials, visitors heard real stories of women and men who have suffered domestic violence in Kosovo.

An estimated 68% of Kosovar women have experienced domestic violence in their lifetimes, according to a 2014 national household survey by KWN. The harrowing stories and statistics within these walls affected those who had the courage to walk inside the labyrinth.

“When you were inside those walls, it was very hot and suffocating, but interestingly, once you walked out there was a fresh breeze of hope,” observed Reyes Charle Cuellar, Gender Adviser at the European Union in Kosovo.

Upon exiting from behind the walls, visitors found a host of institutions, the “retaining walls” available to provide support to persons who have suffered violence. These walls displayed the roles and responsibilities of institutions that deal with domestic violence, as well as where to report concerns if institutions do not carry out their responsibilities appropriately.

Visitors expressed their appreciation for providing access to such important information.

“Thank you very much for what you have done because these stories are my stories,” a woman told KWN, accompanied by her teenage daughter. “I just received legal aid, and my case is at court, but now I know which institutions to go to if I do not see justice, such as the Ombudsperson Institution. We have photographed every sign [of institutions], so I have this information in the future if I need it.”

The exhibition sought to encourage people to break the silence behind walls, and to seek support from institutions when violence occurs.

“Domestic violence is not a private matter,” said Igballe Rogova, KWN Executive Director, emphasizing society’s role in addressing it. “Domestic violence is a public matter and citizens must be active,” she said.

Gunther Zimmer, ADA Head of Office said that fighting domestic violence is an important priority for the Austrian government and that ADA has successfully cooperated with KWN to fight this phenomenon in Kosovo since 2012.

“We have seen important changes, such as the approval of the National Strategy for Protection from Domestic Violence, and finally the inclusion of domestic violence as a specific offence in the Criminal Code of Kosovo”, he said.

Vlora Nushi, Head of Office at UN Women; Hilmi Jashari, the Ombudsperson of Kosovo; and Deputy Minister of Justice Naim Qelaj, the National Coordinator against Domestic Violence also provided remarks at the grand opening. Several representatives of Kosovo institutions participated as well.

The exhibition will be open to visitors in five other municipalities in the upcoming months, specifically in Gjilan, Gjakova, Ferizaj, Peja and Mitrovica. It will also visit other municipalities in the future.

This exhibition was supported by the European Union (EU) through UN Women (#EVAW), the Austrian Development Agency (ADA), TOML, Night Design, and several volunteers and businesses.

For more pictures of the exhibition click HERE.

In THIS interview, Adelina Berisha, Advocacy and Research Coordinator on Gender Based Violence at KWN, explained the exhibition in more detail (available in Albanian only).

Gjilan becomes the Second City to Host the “Break the Silence: Ending Violence behind Walls” Exhibition

“Freedom vs Shame” marks the 7th Edition of FemArt Festival 

For the seventh time, the Center for Art and Community – Artpolis, a member organization of Kosovo Women’s Network (KWN), hosted the FemArt Festival– a regional festival for artists and activists, held in Prishtina on June 10-16. 

This year the festival’s motto was “Freedom vs Shame” encouraging women to take ownership over their lives, promoting life and society free from prejudices. FemArt’s motto aimed to empower all women regardless of any possible difference. 

FemArt brought in the capital city around 200 female artists and activists from Kosovo, the region, Europe, America, Asia, and Africa, as well as engaged 30 young volunteers from all communities in Kosovo.

In addition to music and poetry, part of the Festival was also discussion panels as; “Female artist in the decision-making process”, “Young Peace Promoters from Region”, “Discussion between the Generations on Feminist Activism in the Former Yugoslavia”, et cetera. 

During these seven days, activists conveyed the message of the Festival that women and girls should be free, should live as they want and make decisions beyond from what is considered as “shame” from a patriarchal society. 

FemArt Festival was among the 20 activities of marking the 20th anniversary of Prishtina’s liberation, co-organized with the Municipality of Prishtina. 

 

KWN calls on MPs not to pass the current Labour Law in the Parliament

Dear deputies,

We are writing to you in regards to the draft Labor Law, currently in the parliament.

Kosovo Women’s Network considers that the current format of this draft Law, except all ways of regulating parental, leave, maternal leave and paternal leave, it also does not specify in any way discrimination in the employment context. This Draft-law as such leaves women in the labor market unprotected and has a significant absence of a gender perspective between women and men, specifically in the employment context.

Driven by this preoccupation and hoping that we can count on your collaboration, we ask you to take into account our recommendations listed below into amending the Labor Law in such a way, that it clarifies the dispositions regarding labor discrimination. Hence, cases of this sort will be able to be resolved based on the Labor law, apart from cases related to the Law nr. Nr. 05/L -021 on protection from discrimination.

Proposal

Consider establishing a more logical division of the legal framework, towards addressing the presently inharmonious legal framework’s overlapping and differing definitions and sanctions, which, at present, may contribute to confusion and legal uncertainty.

Consider amending the LL to specifically address discrimination in the employment context and the LPD to address discrimination in the non-employment context. This can be done by adding a paragraph such as the following:

Article xx , Types of Unequal treatment at work

  1. Types of unequal treatment of employees/employee candidates are:
    • Direct discrimination – shall be taken to have occurred where one employee or employee candidate is treated less favorably than another is, has been or would be treated in a comparable situation based on one or more grounds such as those stated in Article 1 of the Law on Protection against Discrimination;
    • Indirect discrimination – is considered when a provision, criterion or impartial practice in appearance, has or will put the employee or employee candidate in an unequal position compared with others, according to one or more of the grounds set out in Article 1 of the Law on Protection against Discrimination, unless the provision, criterion or practice can be objectively justified by a legitimate purpose and the means of achieving that purpose are appropriate and necessary;
    • Harassment – shall be deemed to be discrimination, when an unwanted conduct (including but not limited to unwanted conduct of sexual and/or psychological nature), which has the purpose or effect of violating the dignity of the employee or employee candidate, and of creating an intimidating, hostile, degrading, humiliating or offensive environment based on the grounds set out in Article 1 of the Law on Protection against Discrimination;
    • Incitement to discrimination – shall be prohibited when it amounts to promoting hatred towards the employee or employee candidate, based on one or more of the protected grounds listed in Article of the Law on Protection against Discrimination, and when done intentionally;

 

On article 5, On prohibiting all types of discrimination, to add a new paragraph that specifies the following:

  • Direct or indirect discrimination of men and women is prohibited during employment, promotion and capacity building, if that job may be performed adequately by

Justification

Addressing protection from discrimination specifically in the employment context, by mentioning, among others, types of discrimination such as harassment, sexual harassment, and incitement for discrimination; To differentiate direct discrimination from indirect discrimination and to add other listed justifications on discrimination.

The discrimination provisions of the LL can be described as minimalistic. These deficiencies are somewhat alleviated by Article 5.5, which provides that the Law Against Discrimination No. 2004/3 (now replaced by the Law on Protection from Discrimination No. 05/L-021) is directly applicable within employment relationships (dealt with separately below). However, more developed and detailed protection from discrimination specifically set out in the LL for the employment context would be preferable to this cross-reference. The only way direct and indirect discrimination is mentioned in the LL is against persons with disabilities.

The law does not address other necessary dispositions on causes of unequal treatment. Therefore, it is necessary to address and regulate protection from discrimination in the labor context.

We look forward to your good will and understanding, Sincerely,

Kosovo Women’s Network

Kosovo Women’s Network (KWN) is a network of more than 143 women organizations of all ethnic groups in Kosovo, advocating on behalf of Kosovar women at the national level, regional and international. KWN’s mission is focused on economic empowerment of women and in increasing their role in decision making.letter_Labour law_Reccomandations reagrding the Discrimination-converted

KWN calls on MPs not to pass the current Labour Law in the Parliament

Kosovo Women’s Network (KWN) on June 14 wrote a letter to the MPs of the Kosovo’s Parliament regarding the vurrent Labour Law.

Kosovo Women’s Network considers that the current format of this draft Law, except all ways of regulating parental, leave, maternal leave and paternal leave, it also does not specify in any way discrimination in the employment context. This Draft-law as such leaves women in the labor market unprotected and has a significant absence of a gender perspective between women and men, specifically in the employment context.

Through this letter KWN asked the MPS not to pass the current Labour Law in the Parliament.

Read HERE the full letter along with the KWN’s recommendations.

KWN Presents at EU Stakeholder Conference on Employment, Social policy

13 June 2019, Luxembourg – The Kosovo Women’s Network (KWN) participated in the stakeholder conference held in connection with the first ever EU-Western Balkans Ministerial meeting on employment and social affairs.

The EU Commission’s Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL), responsible for EU policy on employment, social affairs, skills, labour mobility and the related EU funding programmes, today hosted a conference for stakeholders from civil society and social partners (e.g., trade unions) from the Western Balkans and EU to discuss their role, contribution and recommendations for the road forward for enhancing employment, developing social policies and furthering their implementation.

As a representative of women’s rights groups collaborating to address gender-based discrimination in labour in the Western Balkance, KWN’s Program Director / Lead Researcher, Nicole Farnsworth, said that “gender equality must be treated as part of the‘Fundamentals First’ Agenda of the EU”; gender equality is an essential part of reforms in all sectors, and not a separate issue to come after other reforms.  Specifically, in terms of social policy, the economic and social situation in the region cannot be improved without tackling gender inequalities. She noted that an interrelated social policy issue is the lack of accessible childcare and preschool education. Investing in these would create jobs, enable more women to work, improve children’s educational outcomes and thus future job prospects.

“Last but far from least, social policies need to better address gender-based violence,” she said. “Adequate state resources must be allocated for: temporary social housing; better social services; case management; trauma-sensitive vocational training and employment programs; and institutionalization of appropriate training for social service providers”.

The European Commission presented in February 2018 the Communication on “A credible enlargement perspective for and enhanced EU engagement with the Western Balkans”. The strategy calls for reinforcing the social dimension in the Western Balkans and increasing the focus on employment and social reforms, based on the principles of the European Pillar of Social Rights.

According to DG EMPL, social partners and civil society have a key role to play in the design and implementation of the policies affecting each and every citizen. This commitment was reiterated by representatives of the European Commission during the Stakeholder Conference.

“If we want to implement policies, we need people on the ground to implement these policies and take them forward,” stated Joost Korte, Director-General for Employment, Social Affairs and Inclusion at the European Commission, calling for the engagement of citizens in contributing to the EU Accession process.

This conference provided a space for an exchange between stakeholders, including participants of the Ministerial meeting, civil society and social partners regarding future cooperation. The senior level conference involved participants from the government administrations of the Western Balkans, social partners’ representatives from the Western Balkans and EU level organisations, government experts from EU Member States, civil society umbrella organisations from the Western Balkans and the EU, and regional and international organisations.

KWN utilized the opportunity to share some of the main findings from its research on gender-based discrimination and labour in the region, supported by the EU and Sida, and conducted together with its partners Gender Alliance for Development Center (GADC) in Albania, Helsinški parlament gradana Banja Luka in Bosnia and Herzegovina, Research in Action (Reactor) in North Macedonia, Centar za ženska prava / Women’s Rights Center in Montenegro and The Kvinna till Kvinna Foundation in Serbia.

KWN also used the opportunity raise issues that other partner women’s rights organizations in the region have emphasized previously as part of advocacy supported by the Kvinna till Kvinna Foundation.