Kosovar civil society has had many incarnations since the early 1990s. It is a product of the occupation of the Kosovo province by the Socialist Federal Republic of Yugoslavia through 1999, then expanded when the Republic of Kosovo was under UNMIK and KFOR control, and now how it has evolved since the unilateral declaration of independence on February 17, 2008. It consists of the former civil society organizations from before the 1999 conflict, the local NGOs that came about post conflict, and the international NGOs that have either dispersed money or opened local branches within Kosovo.
It has a majority ethnic Albanian population, while having a minority Serbian, Roma, Ashkali, Egyptian, Macedonian, Montenegrin, and Croatian population. Prior to 2008, the government functions were administered by UNMIK and it was protected by KFOR. UNMIK and KFOR started their missions in 1999 after the NATO-led bombing of Yugoslavia and Serbian positions.
The province of Kosovo was a part of Yugoslavia since its creation in 1943. After the 1974 Yugoslavian constitution, it was made an autonomous province that had status similar to the other Yugoslavian republics without giving it full rights. This lasted until Slobodan Milošević came into power in 1988, when he changed the legal status of the province and started a campaign to purge Albanians from the government and education system. The response was the creation of parallel societies in Kosovo, one controlled from Belgrade and one created by the local Albanian population. A few of these organizations still exist, but all were focused on providing basic services, such as education and healthcare.
This period of time is characterized by a legal environment that severely restricted the amount of NGOs and their effectiveness. In addition to the legal constrictions, there were also security concerns that limited the number of NGOs. [1]
The Mother Teresa Society was one such organization that provided health care services; [2] The Council for the Defense of Human Rights and Freedoms collected and recorded information about human rights violations. [3] These NGOs lasted through the war and are still active in the community to date.
This period is characterized by the increased effectiveness of NGOs due to changes in the legal and security situation in Kosovo. The focus of the NGOs was on reconstruction, of infrastructure and residences, and humanitarian aid.
Directly after the war, there was a large surge in international NGOs and money donated into the post-conflict area. After the NATO-led intervention and the signing of Regulation 1999/22 [4] on May 9, 2000, the legal and security situation surrounding NGOs vastly improved. This allowed the international NGOs that had rushed into the country to operate with local counterparts; it also permitted the establishment and regulation of Kosovo-based NGOs. [1]
With the 5th anniversary of Kosovo, the focus of the civil society in Kosovo has shifted from reconstruction to governance and nation building. There has also been a shift in focus towards the protection of minority rights, specifically women, Roma, and Serbs.
As Kosovo has moved past the initial reconstruction phase, there has also been a decrease in the amount of available funds and number of donors. It is estimated that there are only approximately 500 "active" NGOs, from the 4882 registered; [5] the others have been deemed either dormant or do not have the capacity to have any sort of meaningful effect on the country.
The civil society of Kosovo is generally made up of ethnic Albanians. After the NATO-led intervention, the influx of international NGOs changed the demographics of the civil society. There were a large amount of internationals from NATO member countries especially, that were based in Kosovo. Since the declaration of independence, there has been a shift to include the minorities into the process of building a democratic society.
Due to the Republic of Kosovo's young population and high unemployment rates, there have been few instances of a shortage in engaging with the local population. However, NGOs cannot sustain large numbers of employees, most have between three and five employees and very few have more than 10, so while there are plenty, they are unable to provide employment for large portions of the population.
The civil society in the 1990s was focused on education, health care, women's rights, and the recording of human rights violations. Post-conflict Kosovo civil society was again focused on health care, women's rights, community development, and human rights; there were additional focuses on reconstruction of infrastructure and residences and humanitarian aid. Since the declaration of independence, the focus has been on the legal system, especially the judiciary and rule of law, community development, and good governance. Majority of the NGOs are focused on transparency in both the legal system and governance.
Kosovo recognizes two types of domestic organization, associations and foundations. Both organizations can apply for Public Beneficiary Status, though both types are still responsible for VAT, with minor exceptions. [6]
An association is a membership organization established by at least three domestic or foreign legal or natural persons. At least one member must reside in the Republic of Kosovo.
A foundation is an organization without members, whose main function is to manage property or assets. It would be created by at least one legal or natural, foreign or domestic person. It can be created by a will. There has to be at least one agent who has residence in Kosovo.
The NGOs have been the major agents of change throughout Kosovo since before the war. They were able to provide basic services during the 1990s and help UNMIK rebuild the country after the 1999 conflict. According to UNDP's Human Development Report in 2008, every fourth Kosovar family has had their life impacted by a civil society activity and that there are more people benefiting from the system than those who are participating in the system. This latter aspect is seen more with other minorities and seen least among Kosovar-Serbs, the report states; however it does mention that Kosovar Serbs answered "don't know" when surveyed, so there could be confusion about the benefits and if they are receiving more than they know.
The report also states that assistance with housing is the most common form of benefit, followed by infrastructure, education, and health care respectively.
The structure of the civil society has affected the impact tremendously. There are, generally, strong organizational features of the civil society of Kosovo. However, there are areas of improvement, especially in the implementation aspect. It also states that while democratization and transparency are emphasized in internal documents and memorandums, it does not consistently translate into practice. [7]
The NGO sector in Kosovo exists in a donor-funded environment. Of the organizations that reported revenues, a majority of them receive most of their financial support from a single donor and receive small amounts from few others. Foreign donors continue to be the main source of funding for CSOs in Kosovo, though with a noticeable decline compared to data from 2015. [8] There has been little movement towards fundraising from local businesses. In Kosovo, there are several types of tax benefits available for donors. Despite their existence, however, there is limited interest in using them. [9]
Tax deductible donations can be received by any CSO, as long as it is duly registered in accordance with the NGO Law and has received and maintained public benefit status. Other CSOs such as organizations to protect the environment and institutions, including medical and educational institutions, religious institutions and orphanages are also eligible recipients of tax-deductible donations. The tax exemption provided cannot be used if the donation directly, or indirectly, benefits the donor or related persons of the donor. [10]
Since 1999, NGOs have had to deal with a two-tiered system of government. They were regulated by the PISG and UNMIK. This has created problems, as UNMIK has been unresponsive to local level civil society activities compounded by the seeming distrust between civil society and PISG.
Since 2002, the international community has been reducing the amount of money flowing into Kosovo to ensure that the PISG and NGOs would be forced to work together. However, this has not happened to a large extent. Only with international pressure does the PISG really consult with NGOs on the formation of new laws and regulations, with the notable exception of the National Action Plan for Gender Equality between politicians and women's civil society organizations. [11] This happened over 10 weeks in 2003.
Normal interactions between the government and NGOs are done through personal contacts. There are no institutional mechanisms in place to facilitate or require cooperation between the two entities.
It has been speculated that the PISG still has views of the civil society as a supportive role from the pre-war era, while also viewing NGOs as competitors for the ever-shrinking international monetary fund. The reverse is the traditional Kosovar suspicion of government authorities. This cycle has impaired the process of state building, reconstruction, and development. [11]
Majority of the funding for NGOs is project-based and generally has individual donating bodies. There is still a good amount of money that comes from UNDP, EULEX, and OSCE. UNDP focuses on projects and proposals that will affect the development of Kosovo, from infrastructure to education. EULEX focuses on projects and proposals that will increase the effectiveness of rule of law in Kosovo. OSCE works with elections and ethnic relations. They try and increase government accountability, transparency, and good governance. [11]
Think Tanks or Research Institutes:
Grass-root Organisations:
Activist Organisations:
Regional:
Specific Funding Sources:
Source: [29]
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