Assessment on the employment of members of non-majority ...

Office of Prime Minister / Office for Community Affairs

Assessment on the employment of members of non-mAjority Communities

in the Kosovo Civil serviCe And publiCly owned enterprises

May 2013

Table of ConTenTs

foreword ...............................................................................................................................................................6

executive summary .........................................................................................................................................9

Introduction .................................................................................................................................................... 11

background .................................................................................................................................................... 12

Non-majority communities in Kosovo ...................................................................................................... 12

Legal Framework .............................................................................................................................................. 13

Primary Legislation ......................................................................................................................................... 13

Secondary Legislation .................................................................................................................................... 14

Legislative Evolutions ..................................................................................................................................... 15

Methodology .................................................................................................................................................. 16

The Survey ......................................................................................................................................................... 16

Other Sources of Data..................................................................................................................................... 17

Data Analysis ..................................................................................................................................................... 17

Main Findings .................................................................................................................................................... 19

non-Majority Community Representation ...................................................................................... 20

Overview ............................................................................................................................................................. 20

Ministries and Representative Institutions ............................................................................................. 22

Executive Agencies .......................................................................................................................................... 25

Independent Agencies .................................................................................................................................. 27

Publically Owned Enterprises (POEs) ........................................................................................................ 29

Municipalities .................................................................................................................................................... 30

active Recruitment Measures .................................................................................................................. 33

Overview ............................................................................................................................................................. 33




Publically-Owned Enterprises ...................................................................................................................... 37

Municipalities .................................................................................................................................................... 37

Gender balance of non-Majority Community Representation ............................................... 38





Municipalities .................................................................................................................................................... 43

Position level of Minorities ...................................................................................................................... 44

Overview ............................................................................................................................................................. 44




POEs ...................................................................................................................................................................... 48

Municipalities .................................................................................................................................................... 49

levels of education of Minorities ........................................................................................................... 49

Overview ............................................................................................................................................................ 49

Government Institutions ............................................................................................................................... 50



Municipalities .................................................................................................................................................... 52

Training provided to Minorities .............................................................................................................. 53

Overview ............................................................................................................................................................. 53





Municipalities .................................................................................................................................................... 58

Job applications from non-Majority Communities ...................................................................... 59

Perceptions of Hiring Managers in all Institutions ....................................................................... 60

Policy Recommendations .......................................................................................................................... 61

annex 1: list of Public Institutions surveyed .................................................................................. 65

annex 2: Table of figures ........................................................................................................................... 68

aCRonyMs and abbRevIaTIonsARM Active Recruitment MeasureAoK Assembly of KosovoCEC Central Election CommissionECMI European Centre for Minority IssuesIMC Independent Media CommissionKCS Kosovo Civil ServiceKEK Kosovo Energy CorporationKOSTT Kosovo Electricity Transmission System and Market Operator KIPA Kosovo Institute for Public AdministrationKJI Kosovo Judicial InstituteKP Kosovo PoliceMAFRD Ministry of Agriculture, Forestry and Rural Development MCR Ministry of Communities and ReturnMCYS Ministry of Culture, Youth and Sports MoD Ministry of the DiasporaMF Ministry of Finance MED Ministry of Economic DevelopmentMESP Ministry of Environment and Spatial Planning MEST Ministry of Education, Science and Technology MEI Ministry of European IntegrationMFA Ministry of Foreign AffairsMoH Ministry of HealthMIA Ministry of Internal AffairsMoJ Ministry of JusticeMKSF Ministry of the Kosovo Security ForceMLGA Ministry of Local Government AdministrationMLSW Ministry of Labor and Social WelfareMNAO Mitrovica North Administrative OfficeMPA Ministry of Public AdministrationMTI Ministry of Trade and IndustryMI Ministry of InfrastructureOCA/OPM Office for Community Affairs in the Office of the Prime MinisterOP Office of the PresidentOPM Office of the Prime MinisterOSCE Organization for Security and Co-operation in EuropePOEs Publicly-Owned EnterprisesPTK Post and Telecom of Kosovo TAK Tax Administration of KosovoTRA Telecommunications Regulatory Authority TrainKos Kosovo RailwaysUNMIK United Nations Interim Administration Mission in KosovoUCCK University Clinical Center of KosovoUP University of Prishtina/Priština

Please see the appendix for the full list of institutions surveyed for this report; this includes all institutions mentioned but not necessarily abbreviated in this report.

The research was done in collaboration with the United Nations Development Programme and Novus Company (www.novusconsult.net) who did the field research and

prepare the Report.

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Assessment on the employment of members of non-mAjority Communities in the Kosovo Civil serviCe And publiCly owned enterprises

foRewoRd

The Office for Community Affairs (OCA) in the Office of the Prime Minister (OPM) was established on the 3rd of September 2008 by the decision of the Government. Its purpose is to contribute to the coordination of governmental efforts in the implementation of the national legal framework governing the rights of communities and to make certain measures, recommendations and provide advice to affect implementation of laws that protect and promote the rights of communities.

In addition to raising public awareness about issues important to the community, the OCA analyzes the situation, identifies deficiencies in the implementation of legislation and recommends taking measures to the Prime Minister. It also highlights objectives for each of the governmental bodies and monitors effect of measures taken by each institution regarding the protection of community rights.

This Office also strategically uses its resources to meet the needs of the communities, works on promotion of effective communication with communities, promotes equal treatment of all communities and regularly exchanges information with relevant partners.

The existing legal framework governing the rights of communities is adequate. However, in practice, there is a need to provide additional measures and mechanisms in certain areas of application of the existing legal framework in order to achieve its full implementation.

As per its capacities, every year the Office seeks to launch a particular initiative that aims at the promotion of the implementation of law in areas that are important for the communities.

In 2013, the Office decided to launch an initiative that aimed at improving and strengthening measures to ensure complete implementation of existing laws and regulations, and to create a new policy on employment of non-majority communities in Kosovo.

Given that economic growth and employment are among the key important factors for the survival and integration of communities in Kosovo, the Office has decided to focus its efforts in that direction and to make a contribution to the creation of long-term policies and employment strategies of the non-majority communities.

In April 2011, following the initiative of the Office for Community Affairs, the government decided to establish a working group that will develop and submit recommendations on the proposed measures to strengthen and increase the efficiency of mechanisms and procedures governing the employment of non-majority communities, i.e. recommendations on the system of measures that would enhance monitoring of implementation of the policy of employment of non-majority communities at both central and local levels, companies and agencies.

In 2010, the OCA conducted a study on the employment of communities aiming to provide an accurate picture of the representation of non-majority communities in the Kosovo civil service and public companies, as well as assessment of the level of implementation of legal provisions governing the employment of non-majority communities.

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In order to monitor the situation of the employment of non-majority communities after three years, the OCA decided to conduct a second study to get a better insight into the current situation regarding the employment of non-majority communities and to make a comparative analysis with the situation in 2010. The company that conducted the research in the field was selected in cooperation with the UNDP.

In this report you will find more information on the representation of non-majority communities in on the central and local level, distribution of non-majority communities in the hierarchical structure of institutions, active employment measures, additional trainings and programs and recommendations that should contribute to increasing the representation of non-majority communities in public institutions.

The initiative aims to promote the employment policy of non-majority communities in several areas, ranging from procedures governing publication of job vacancies, the hiring process, and additional programs and training to make the members of non-majority communities more competitive in the job market. We also want to raise public awareness about the challenges faced by the non-majority communities in the hiring process and point out the importance of developing strategies for recruitment, especially in those institutions that do not have a single employee representative from non-majority communities.

It is our duty and obligation to protect and promote the rights of communities and their equal treatment in all spheres of life, as well as to point out the flaws in the exercise of these rights. We urge the competent authorities to improve their policies so that we can jointly contribute to building mutual trust between communities and their integration into society.

I would like to take this opportunity to especially thank the UNDP, ECMI Kosovo and OSCE for their contribution to this report, as well as the representatives of the following embassies: United States, Great Britain, Norway, Switzerland and Germany and representatives of the Office of the EU Special Representative in Kosovo that actively support this initiate by participating the Working Group in capacity of observers. I would also like to thank the company Novus, which conducted the research and prepared the report.

Srđan Popović

Senior Advisor to the Prime Minister, Director of the Office for Community Affairs

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exeCuTIve suMMaRy

The purpose of this report is to provide the most comprehensive and in-depth assessment of non-majority representation in the Kosovo civil service to-date.

It is based on a survey of 104 public institutions conducted in April 2013 designed to assess the level of compliance of public institutions in Kosovo with the Civil Service Law. In total, 19 ministries, 3 representative institutions, 22 executive agencies, 21 independent agencies, 4 publically-owned enterprises (POEs), and 35 municipalities were asked to self-report information about non-majority representation and active recruitment measures in every institution.

First, with regards to the representation of non-majority communities, we found that 7.7% of civil servants in central- and local-level institutions (excluding POEs) are from non-majority communities, that Ashkali, Egyptian, Gorani and Roma are relatively underrepresented compared to their share of the population, and that Bosniaks, Serbs and Turks are close to their respective census marks. In terms of gender balance, civil servants from non-majority communities are on average more likely to be women than for civil servants in general.

Independent agencies and municipalities have the highest average rate of non-majority community representation (8.9% and 8.8% respectively). POEs have the lowest rate (2.2%). Government institutions (ministries and representative institutions) and executive agencies have a relatively low rate of representation from non-majority communities (6.6% and 6.2% respectively).

In terms of position-level, minorities mostly occupy professional and administrative positions, and are generally underrepresented at the managerial level of public institutions. Nearly all Ashkali, Egyptians, Gorani, and Roma civil servants have administrative-level positions. And although there are some Serb, Bosniak and Turk managers in public institutions, they are less likely—proportional to their population numbers—to occupy these posts than Albanians.

In terms of education, civil servants from non-majority communities are half as likely to have a university degree as majority civil servants. However, as noted in this report, this could likely be due to the current non-recognition of tertiary education. A large proportion of students from Kosovo non-majority communities undertake their tertiary education at the “University of Prishtina/Priština, temporarily located in Mitrovicë/Mitrovica”. This institution operates within the Serbian academic system and its degrees are currently not acknowledged by the Kosovo public institutions (although improvement in this situation is anticipated in light of recent progress in the normalization of relations between Kosovo and Serbia).

Conversely, non-majority civil servants are far more likely to have lower levels of education (non-university) than majority civil servants.

Second, in terms of active recruitment measures, we found that 75-90% (78-93) of institutions declared to publish job advertisements in non-majority languages (Measure 1) and implement positive discrimination (Measure 5). More than 50% of institutions reported to actively reach-out to minorities (Measures 2, 3, and 4) and provide training to civil servants from non-majority communities for career advancement (Measure 9). Between 40 and 50% (42-52) of institutions have claimed to offer internship programs for minorities

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(Measure 6) and vocational training (Measure 8). Finally, less than 35% of institutions have scholarships (Measure 7), mentoring programs (Measure 10), in-job training (Measure 11), non-discrimination workshops (Measure 12), joint-recruitment strategies (Measure 13), and rosters of non-majority applicants (Measure 14).

In terms of training, we found that municipalities provide the most training to non-majority civil servants with 6.7 average weeks of training per non-majority civil servant. POEs provide an average of 5.2 weeks non-majority civil servant, executive agencies 3.5 weeks, and independent agencies 2.7 weeks. Government institutions (ministries and representative institutions) are the least committed to capacity-building for non-majority civil servants and have only provided an average of 1.5 weeks of training per non-majority civil servant.

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InTRoduCTIon

The civil service is the backbone of a functioning state as it administers the policies of the government and delivers public services to citizens. As a young state with over a decade of a non-inclusive civil service during the 1990s, Kosovo needs to continue building a professional civil service. It also needs to build an inclusive and multi-ethnic civil service. In fact, the Civil Service Law binds all public institutions in Kosovo to quotas for employment of non-majority civil servants, as well as to meet its positive obligation to implement certain active recruitment measures.

The Office for Community Affaire (OCA) is part of the Office of the Prime Minister of Kosovo (OPM) and is mandated to oversee the implementation of legislation and develop policies regarding community issues. One of the central areas of work of the OCA is to enhance the access of non-majority communities to public-sector employment. In 2010, it published a first report assessing the representation of non-majority community members.1 The OSCE has also followed this issue closely through its Communities Rights Assessment Reports.2

The purpose of this report is to provide the most comprehensive and in-depth assessment of non-majority representation in the Kosovo civil service to-date. It is based on a survey of 104 public institutions. In total, 19 ministries, 3 representative institutions, 22 executive agencies, 21 independent agencies, 4 publically-owned enterprises (POEs), and 35 municipalities were surveyed in April 2013.

The data presented in this report is based on self-reported information provided by the heads of personnel of respective institutions. Our research team checked the accuracy of statistical data, however, the information provided around active recruitment measures and other qualitative data provided here is as reported by the institutions.

The survey data is used to assess each institution’s level of compliance with non-majority quotas and active recruitment measures. The collected statistical data illustrate the level of non-majority representation in each institution. It also breaks down non-majority representation by community, gender, position in the hierarchy, professional experience, and training received. Moreover, the report includes data about the number of active recruitment measures that public institutions have implemented, as well as the level of job applications received from non-majority communities.

The report outlines trends by comparing the current situation with the results of the 2010 ECMI report. It also introduces new indicators that can be used as a baseline for future studies. Finally, the report makes a number of detailed policy recommendations based on its findings in order to better focus and bolster policy-making in this regard.3

1 ECMI Kosovo (2010) Employment of Members of Non-majority Communities with Kosovo Civil Service and Publicly Owned Enterprise. http://www.kryeministri-ks.net/zck/repository/docs/1-Policy_study_no1_FINAL.pdf (accessed 15 May 2013)

2 OSCE Report Communities Rights Assessment Report December 2009, pp. 42-43, http://www.osce.org/kosovo/40779 (accessed 15 May 2013); OSCE Report Communities Rights Assessment Report Second Edition December 2010, pp. 13-14, http://www.osce.org/kosovo/74597 (accessed 15 May 2013); and OSCE Report Communities Rights Assessment Report Third Edition July 2012, pp. 32-33, http://www.osce.org/kosovo/92244 (accessed 15 May 2013).

3 Working Group on Employment of Minorities.

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baCkGRound

non-Majority Communities in kosovo4

According to the 2011 population census, Kosovo has a total population of over 1.73 million. The Albanian majority makes up over 90% of the population, while the rest is composed of the following non-majority communities: Serbs, Turks, Bosniaks, Roma, Ashkali, Egyptian, Gorani, Montengrins and Croats.5

The individual share of each non-majority community is shown in the table below. The share of the Serb population in Kosovo is widely accepted to be higher than shown in official statistics, however, due to the fact that many boycotted the Census. Various estimates of international organizations in Kosovo indicate that the share of the Serb community in a non-majority position in Kosovo amounts to approximately 5% of the population (excluding the northern municipalities6 of Leposavić/Leposaviq, Zvečan/Zveçan, Zubin Potok, North Mitrovica). Therefore, in this study we use the 5% figure as a benchmark for the Serb population.

Community Population number

Population Percentage

bosniaks 27.533 1,58%

serbs 25.532 1,47% (est.: 5%)

Turks 18.738 1,08%

ashkali 15.436 0,89%

egyptians 11.524 0,66%

Gorani 10.265 0,59%

Roma 8.824 0,51%

others 2.352 0,14%

ToTal 120.204 6,91%(est.: 10,44%)

The rights and status of these communities are recognized in the Constitution of Kosovo and in specific laws. Nevertheless, non-majority communities of Kosovo face numerous challenges. The OSCE’s Community Rights Assessment Report of 2012 identifies several challenges with regards to non-majority communities. In particular, problems persist around “access to property

4 In this report, minorities are defined as national, ethnic, cultural, linguistic or religious groups traditionally present in the Republic of Kosovo that are not in the majority position. For institutions at central level, the report uses the Kosovo-wide ethnic percentages where all ethnicities are considered minorities except for the Albanian community. For local level analyses the report uses census data for municipalities individually and introduces the context of minorities at municipal level.

5 The Croat and Montenegrin community were not included as separate ethnic groups in the 2011 census, however they are included in the Law on Communities of December 2011.

6 Although data was gathered from the Mitrovica North Administrative Office (MNAO) for this report, it was not included in the narrative analysis since it is an administrative office which is not yet a representative body at the local level (like the municipalities used in this report).

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and housing, the lack of economic opportunities, and restrictions on access to basic services such as education, health care and social assistance” as well as language use.7

Another key challenge identified by the report is lack of “fair and equitable representation of all community members, including women, in the public administration in Kosovo”8.

It also finds that the situation “has not improved since the second edition of the Communities Rights Assessment report”9, and that a lack of political will, funds, and co-ordination between central- and local-level institutions prevent the effective integration of non-mayority communities in Kosovo.10

legal framework

This section provides an overview of the legal provisions regulating proportional representation of non-majority communities within the KCS (Kosovo Civil Service).

Kosovo has a sophisticated legislative framework for the overall protection of non-majority communities. To start, the Constitution of Kosovo specifically covers the representation of communities in public institutions and publicly owned enterprises (POE). Article 61 states that “communities and their members shall be entitled to equitable representation of employment in public bodies and publicly owned enterprises [...]”11 There are also numerous of legislations that protect non-majority rights in Kosovo.12

Two main legislations set enforceable standards for the representation and recruitment of non-majority communities in the Kosovo Civil Service (KCS): the Civil Service Law 03/L-149 and the MPA regulation 04/2010.

Primary Legislation

The Kosovo Civil Service Law No.03/L-149 entered into force in July 2010.13 It defines the status of civil servant as an employee of Ministries, Executive Agencies, Representative Institutions (OPM, OP, and AoK), Independent and Regulatory Agencies, and Municipalities.14

Article 11 requires that a minimum of 10% of positions at central level are reserved for “persons belonging to communities that are not majority in Kosovo”, and that at the municipal level, representation must be proportionate to the demographic composition of the given municipality.15

7 OSCE (2012) Community Rights Assessment Report, pp.148 Idem, pp.329 Idem.10 See also, OSCE (2011) Implementation of the Action Plan on the Strategy for the Integration of the Roma, Ashkali and Egyptian

Communities in Kosovo.11 Constitution of the Republic of Kosovo, Article 6112 See, Law No. 04/L-020 on amending and supplementing of the Law No. 03/L-047 on the Protection and Promotion of the

Rights of Communities and their Members in Kosovo (2011). Law No. 02/L-37 on the Use of Languages (UNMIK Regulation No. 2006/51); Law on Primary and Secondary Education in Kosovo (UNMIK Regulation 2002/19), Law on the Higher Education in Kosovo (UNMIK Regulation 2003/14); Law on Cultural Heritage (UNMIK Regulation 2006/52).

13 Civil Service Law (No.03/L-149), Art. 414 Idem, Art. 415 Ibid, Art. 11.3

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A number of state employees are not considered civil servants, and therefore are not included within the scope of the Civil Service Law. These include: employees of educational and health institutions, police, customs officers, and correctional officers, and members of Kosovo Security Force. Political appointees and personnel employed in the cabinets of public officials are also excluded. The Labor Law covers these employees.

Publically-Owned Enterprises, for their part, are regulated by the Law on Publicly Owned Enterprises (Law No. 03/L-087), which requires POE’s establish fair recruitment procedures in order to ensure equal employment opportunities and adequate representation of non-majority communities, but does not set legally-binding quotas or positive obligations.

The Civil Service Law also required that the Ministry of Public Administration (MPA) issues secondary legislation “to ensure fair proportional representation of the communities in Kosovo Civil Service” and “on procedures of civil service”, including “procedures for equal opportunities”.16

Secondary Legislation

The Ministry of Public Administration (MPA) issued secondary legislation as required by the Civil Service Law, within 6 months of its adoption. Regulation 04/2010 on “Procedures for the Fair and Proportional Representation of Communities Not in the Majority in the Civil Service of the Republic of Kosovo” requires that public institutions, both at the central and local level, implement active recruitment measures (ARMs) to improve the representation of non-mayority communities.17

Article 11 of MPA regulation 04/2010 requires that public institutions implement a minimum of 6 ARMs out of a possible 14. These measures include: outreach (measures 1, 2, 3, and 4), positive discrimination (measure 5), internship, scholarships, and training programs for applicants (measures 6, 7, and 8), training for non-majority civil servants (measures 9, 10, and 11), anti-discrimination workshops (measure 12), as well as inter-institutional cooperation (measures 13 and 14).

(1) Publish vacancies in all official languages in the press and on official websites.

(2) Target communities directly by distributing job vacancy announcements where non-mayority communities are concentrated.

(3) Training scheme for non-majority applicants (i.e. in cooperation with regional offices for employment).

(4) Make efforts to identify and solicit job applications from under-represented communities.

(5) When presented with a choice between two candidates of equal merit, select the candidate from an under-represented community.

(6) Internship scheme for under-represented communities.

(7) Scholarship programs or financial awards for under-represented communities.

(8) Vocational training programs, including language courses.

16 Idem, Art. 11.4-517 MPA Regulation No. 04/2010 on Procedures for the Fair and Proportional Representation of Communities not in the Majority in

the Civil Service of Kosovo (21 September 2010), Art. 4.4

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(9) Training to support the promotion, career opportunities or skill-building for employees of under-represented communities, who lack specific expertise but who show potential (in co-operation with the Kosovo Institute of Public Administration (KIPA).

(10) Mentoring program (individual or group) for lower-level employees (in co-operation with KIPA).

(11) In-service on-the-job training scheme for non-mayority communities.

(12) Workshops on non-discrimination and how to report discrimination.

(13) Joint recruitment strategies with organizations representing under-represented communities (in co-operation with the Ministry of Labor and Social Welfare - MLSW).

(14) Applicant pools of qualified persons from under-represented communities (in co-operation with MLSW).

In addition, Regulation 04/2010 requires that institutions collect anonymous statistics about the community affiliation of applicants18, and submit an annual report to the Ministry for Public Administration (MPA) on the implementation of the regulation’s provisions.19

Legislative Evolutions

Prior to the 2010 Civil Service Law, the acting legislation relative to the civil service was UNMIK Regulation No. 2001/36.20 The definition of civil servants was far broader than under the current Civil Service Law, and included any employee working in a public institution and paid from the Kosovo consolidated budget. As a result of this change in definition, it is difficult to compare data about civil servants under UNMIK regulation with those under the current Civil Service Law.

18 Idem, Article 1019 Idem, Article 1420 Regulation No.2000/136 on the Kosovo Civil Service.

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MeTHodoloGy

The survey

The study is primarily based on a survey conducted by Novus Group. The target of the survey was all public institutions in Kosovo. A total of 104 institutions were surveyed (see Annex I), including: (1) Government Institutions (22)

- 19 Ministries - 3 Representative institutions (OPM, OP, and AoK)

(2) Executive Agencies (22)(3) Independent Agencies (21)(4) Publically-Owned Enterprises (4)(5) Municipalities (35)

The aim of the survey was:

a) To assess the level of representation of officially-recognized non-majority communities in Kosovo, and;

b) To assess the level of compliance of institutions with their positive obligations to actively recruit non-mayority communities.

The survey was based on a three-part questionnaire composed of a total of 27-questions.

The first part of the questionnaire focused on non-majority representation in public institutions. It produced detailed quantitative indicators for non-majority civil servants in each institution. Specifically, it calculated:

- The overall level of non-majority representation,

- The gender composition of non-majority civil servants,

- The position-level of non-majority civil servants,

- The educational level of non-majority civil servants,

- The professional experience of non-majority civil servants, and;

- The level of training provided to non-majority civil servants.

The second part of the survey focused on active recruitment measures. Specifically, data was collected on:

- The number of active recruitment measures listed in the Civil Service Law being implemented by each institution, and;

- The proportion of job applications received from non-mayority communities.

The third part of the survey was composed of qualitative questions. Specifically, we asked respondents to:- Self-evaluate their level of satisfaction with non-majority representation in their institution,- Identify and rank by importance the challenges that institutions face in recruiting non-

mayority communities, and; - Identify and rank possible solutions to the problem.

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Data-gathering took place in April 2013, and was undertaken by a team of surveyors that personally met with every individual institution’s head of personnel and/or head of institution. The response rate was 100%, and no data was missing from the survey results.

other sources of data

Four other sources of data were used as baselines to compare our survey results:

(1) Ministry of Public Administration Quarterly Reports21

(2) Census Data22

(3) ECMI Report Data23

(4) OSCE Report24

First, the MPA collects data on civil servants from every ministry, municipality and agency in Kosovo (not POEs). It compiles these numbers into four quarterly reports. These reports include, for each institution: the total number of civil servants, their gender balance, their level of education, and level of professional experience. In addition, it includes the total number of civil servants in each institution that are from non-mayority communities, broken-down by community.

Second, the 2011 census was used as a baseline for the general Kosovo population by community and location. An exception was made for the Serb population, however, for which we use the OSCE estimate of 5% instead of the declared 1.5% in the census. This is due to the census not including a significant part of the Serb community who refused to participate, especially Serbs in the north of Kosovo.

Thirdly, the ECMI report on non-majority representation in Kosovo conducted on behalf of the OCA/OPM in 2010 collected a number of indicators. The report established a baseline with regards to: the representation of non-mayority communities, their gender make-up, their position level in the hierarchy, as well as their level of education, experience and training.

Finally, we use the OSCE report on the Representation of Communities in the Civil Service in Kosovo as a comparative benchmark. It covers the two main themes of this report. It relates MPA data about non-majority representation and analyzes the implementation of active recruitment measures, and is derived from direct interviews with representatives of 15 central-level institutions,.

data analysis

As mentioned above, the questionnaire yielded both qualitative and quantitative data. We aggregated the quantitative data into indicators, which we then ranked ordinately and compared with data from the MPA, the Census and ECMI Report. Specifically:

21 MPA Quarterly Report (December 2012). Provided by MPA. 22 Provided by the Kosovo Statistical Agency. 23 ECMI (2010) Employment of Members of Non-majority Communities with Kosovo Civil Service and Publicly Owned Enterprise.

http://www.kryeministri-ks.net/zck/repository/docs/1-Policy_study_no1_FINAL.pdf (accessed 15 May 2013).24 OSCE (2013) Representation of Communities in the Civil Service in Kosovo. http://www.osce.org/kosovo/99601 (accessed 15

May 2013).

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We used the latest available MPA data (as of December 2012):- To confirm our survey data on the proportion non-majority civil servants – both in total and

by community; - On gender-balance, to compare the gender make-up of non-majority civil servants with that

of majority civil servants in each institution; - On education level, to compare the level of education, or “recognized education” of non-

majority civil servants with that of majority civil servants in each institution;- On professional experience, to compare the level of professional experience of non-majority

civil servants with that of majority civil servants in each institution.

We used the 2011 Census: - To compare the proportion of each community’s representation in public institutions

compared to their representation in the general Kosovo population. - For municipalities, to calculate the required quota of non-majority civil servants in

municipalities—this is to be proportional to each community’s share of the municipality population.

We used the ECMI report to measure progress over the 2010-2013 period in:- The level of non-majority representation- Gender balance of non-majority civil servants - Position level of non-majority civil servants

However, there were constraints in using the ECMI report as a baseline. Firstly, the ECMI report covers fewer institutions (69 compared to over 100 institutions in this survey).25 Moreover, the results of the ECMI report were sometimes sparse, which meant there was insufficient data to be used as an inter-temporal baseline. This is especially true with regards to the:- Level of education of non-majority civil servants; - Level of professional experience of non-majority civil servants; - Level of training received by non-majority civil servants.

Our survey also included open-ended questions that were discussed in semi-structured interviews with heads of personnel and/or institution. These yielded very useful qualitative information regarding perceptions, challenges, and possible solutions to promote greater non-majority representation. These discussions provide depth to our analysis, and enable us to shed light on a rather complex and sometimes shrouded phenomenon.

Finally, we used the OSCE 2013 report for comparative purposes. We used the data they collected in 2012 on non-majority representation and active recruitment measures to check for consistency with our results. On the whole, our results are mostly congruent with those of the OSCE report. Nevertheless, comparisons are mostly indicative as this survey contains a sample of institutions about twice as large as that of the OSCE report, and thus used more direct interviews with institutions individually.

25 For example, this report includes 12 independent agencies while the ECMI report only surveyed 3. This makes comparisons unrepresentative.

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Main findings

Topic Main findings

non-Majority Representation

1. 7.7% of civil servants in central- and local-level institutions (excluding POEs) are from non-majority communities.

2. Ashkali, Egyptian, Gorani and Roma are relatively underrepresented compared to their share of the population. Bosniaks, Serbs and Turks are close to their respective census marks.

3. Independent agencies and municipalities have the highest average rate of non-majority representation (8.9% and 8.8% respectively). POEs have the lowest rate (2.2%). Government institutions (ministries and representative institutions) and executive agencies have a relatively low rate of non-majority integration (6.6% and 6.2% respectively).

active Recruitment Measures (self-reported by institutions)

4. 75-90% (78-93) of institutions publish job advertisements in non-majority languages (M1) and implement positive discrimination (M5).

5. +50% of institutions actively reach-out to non-mayority communities (M2, M3, M4) and provide training to non-majority civil servants for career advancement (M9).

6. 40-50% (42-52) of institutions have internship programs for non-mayority communities (M6) and vocational training (M8).

7. Less than 35% of institutions have scholarships (M7), mentoring programs (M10), in-job training (M11), non-discrimination workshops (M12), joint-recruitment strategies (M13), and rosters of non-majority applicants (M14).

non-mayority communities and Gender

8. The gender-balance of non-majority civil servant is on average higher than for civil servants in general.

Position-level of non-mayority communities

9. Non-majority communities are mostly concentrated in professional and administrative positions, and underrepresented at the managerial level of public institutions.

10. Nearly all Ashkali, Egyptians, Gorani, and Roma civil servants have administrative-level positions.

11. There are some Serb, Bosniak and Turk managers in public institutions, but on average are less likely to reach this level than majority Albanians.

education-level of non-majority communities

12. Non-majority civil servants are less likely (50% less chance) to have a university degree (or one that is recognized) than majority civil servants.

13. Non-majority civil servants are more likely to have lower levels of education (non-university) than majority civil servants.

Training provided to non-majority communities

14. Municipalities declared providing the most training to non-majority civil servants (6.7 Weeks per non-majority), followed by POEs (5.2 WpM), executive agencies (3.5 WpM), and independent agencies (2.7WpM). Government institutions are the least committed to capacity-building for non-majority civil servants (1.5 WpM).

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non-MaJoRITy RePResenTaTIon

overview

Kosovo needs to build a professional, inclusive and multi-ethnic civil service. The Constitution recognizes and protects the multi-ethnic composition of Kosovo, which should be represented in the civil service.

In fact, every institution in Kosovo is legally bound to a quota for the representation of non-majority communities in civil service. As mentioned in the previous section, central institutions should have at least 10% of its civil servants from non-majority communities, and local-level institutions should have a quota of non-majority civil servants that is proportional to the ethnic composition of every individual municipality.

The data gathered from the 104 institutions in this survey show that the average rate of non-majority representation is 5.6%. All but five central level institutions are below the 10% threshold. Independent agencies have the highest average rate of non-majority representation (8.9%), while POEs have the lowest rate (2.2%). Government institutions (ministries and representative institutions) and executive agencies also have a very low rate of non-majority representation (6.6% and 6.2% respectively). Municipalities, however, have a relatively high average rate of non-majority representation (8.8%).

Active Recruitment Measures (ARMs) are not adequately implemented by public institutions in Kosovo either. Only municipalities and POEs report implementing more than the 6 ARMs – as required by the Kosovo Civil Service Law. The following section deals with this in more detail.

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overall, central- and local- level institutions in kosovo have a total of 5.6% of civil servants from non-majority communities.26 This is lower than the 7.3% reported by the ECMI – which also includes POEs.27 If we exclude POEs28, non-majority representation rises to 7.7%. The OSCE’s estimate of 8.0% included only central-level institutions, excluding POEs.

The table below exhibits the difference in representation between central and local level institutions. Municipalities have a greater percentage of non-majority civil servants as a proportion of their total workforce. Central level institutions have nearly two percentage points less non-majority civil servants when POE data is excluded and about four percentage points less with POE data included.

Type number of total civil servants/employees

number of non-majority civil servants/employees

Percentage of non-majority civil-servants/employees

Central level institutions (including Poes)

22,103 1,033 4.7 %

Central level institutions (excluding Poes)

11,707 830 7.1 %

local level institutions 6,107 539 8.8 %

26 This figure includes civil servants that are a minority in Kosovo but a majority in their municipality.27 Although ECMI also includes POEs, this survey counts 50% more institutions. The definition of civil servant has also changed

between Regulation No. 2001/36 and the new Civil Service Law. 28 They are in fact not bound by the Civil Service Law, and therefore are not legally-required to implement a 10% quota.

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The graph below compares the share of individual non-majority communities in the civil service, as reported by the Ministry of Public Administration29 and the Novus survey. The dark red line shows the proportion of every community in the general population.30 There are two main observations to make here. First, the results of the Novus survey are mostly equivalent to the MPA data (except for the Serb community).

Second, different communities have different levels of representation in the civil service (relative to their share of the population). On the one hand, the Ashkali, Egyptian, Gorani and Roma communities are relatively underrepresented in the civil service – when compared to their share of the Kosovo population. Conversely, Bosniaks, Serbs and Turks are close to their respective census marks. In the case of the Turk community, participation in the civil service surpasses their share of the population.

Finally, according to interviews with personnel managers, the most crucial challenges to further enhancing non-majority representation in the civil service are: the lack of a required/recognized educational background and work experience (especially among the Roma, Ashkali, Egyptian and Gorani communities).

Ministries and Representative InstitutionsThe survey shows that the central-level fares worse than municipalities in recruiting non-majority communities, even though the non-majority civil servants at the ministries may have higher positions in the civil service than at the local level. The representation of non-majority members in civil service government institutions (including all ministries, the Assembly of Kosovo, the Office of the President and the Office of the Prime Minister) is at 6.6%, alarmingly short of the 10% quota required by the Law on the Civil Service. If the Ministry of Communities and Return is taken out of the equation, the share of non-majorities in Kosovo’s government institutions falls to just 6%. Therefore, a significant proportion of the MCR’s employees are from the non-majority communities.

29 MPA Quarterly Report (December 2012).30 We use the 2011 census data; except for the Serb population, for which use the OSCE estimate of 5% due to low participation

of the Serb community in the census.

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In early 2010, the similar assessment conducted by ECMI concluded that the representation of non-majority communities in Kosovo’s civil service was about 7.3%. It would appear, therefore, that in 3 years the civil service has moved in the wrong direction in terms of including under-represented communities at the central government institutions.

There are other factors that have affected this apparent negative trend, mainly that the Law on the Civil Service was amended in 2010 changing the classification of civil servants and the movement of non-majority communities from the central to the local municipalities. The ECMI’s assessment was undertaken with the previous classification of civil servants, which changed drastically in 2010, and many new non-majority led municipalities have been created as part of the decentralization process and this has led to some civil servants moving to work at the local level. Nevertheless, as the civil service classification expands and changes, the central government institutions must include non-majority communities as the law requires.

A closer look at each central government institution shows that most of them have a large gap in meeting the quota for non-majority communities in their civil service. Figure 5 below uses 10% non-majority representation as the baseline, with institutions with over 10% representation appearing above the 0 line and those with fewer than 10% representation appearing below the 0 line. The percentage for each institution is the number above or below 10%. Nearly all the ministries fall short of 10% representation of non-majorities, apart from the Ministry of Communities and Return, the Ministry of Diaspora and the Ministry of Labor and Social Welfare The MCR employs 34 non-majority civil servants. The Ministry of Diaspora, established in 2011, meets its legal requirement but it has a rather small number of civil servants at 35, of which 4 are from the non-majority communities. The Office of the President is exactly at the 10% threshold.

The Ministry of Internal Affairs has the second largest number of civil servants from the non-majority communities, 42 in total, right after the Ministry of Labor and Social Welfare which employs 102 civil servants. However, and perhaps due to the large number of total civil servants in this ministry (882), the Ministry of Labor is only half-way in meeting its legal requirement. The Ministry of Justice, the Ministry of Trade and Industry and the Ministry of Finance are among the lowest in the share of non-majority representation in their staff. The Office of the Prime

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Minister31 falls below its required legal obligation whereas. The Assembly of Kosovo has 10.7% representation of non-majorities.

In terms of the different non-majority communities in central government institutions, it is clear that most communities are not represented proportionally to their share of the overall population. In fact, only the Turkish community is over-represented in central institutions when compared to their share of the population of Kosovo. There are hardly any civil servants in central government institutions from the Ashkali, Egyptian, Gorani and Roma communities. There are only 3 Ashkali, 2 Egyptian, 6 Gorani and 5 Roma civil servants out of the nearly 5,000 civil servants at the central level. The Serb community has the most civil servants (182) but it is far from the 5% mark considered to be their make-up of the population, excluding the Serb-majority municipalities in the north of Kosovo.

31 The executive agencies under the OPM are not accounted for here. They fall under the Executive Agencies assessment below.

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executive agencies

Executive agencies are overseen either by ministries or the OPM, although they are quite independent in their civil service recruitment procedures. Regional hospitals, specialized health institutions, public universities, the police and the customs agency, are all executive agencies – although they report directly to a ministry. Not surprisingly these types of agencies fare about the same as their parent institutions in terms of non-majority representation. Average representation at executive agencies is 6.2%. More than 3,700 civil servants in a total of 22 such agencies were surveyed in this assessment. However, if we take out the civil servants of the Kosovo Police, which has the largest number (128) of civil servants from non-

majority communities,32 the share of non-majorities in the civil service of executive agencies falls to only 4.1%.

It must be noted that in some cases such agencies require civil servants of a certain profession since they perform very specific, professional tasks. Nevertheless, there are some agencies such as public universities and regional hospitals that could do much better in recruiting non-majority communities as they are constantly in direct contact with citizens of all backgrounds. The University Clinical Center of Kosovo, for example, which is the main health institution in Kosovo, has only two non-majority communities out of more than 160 civil servants.33 The University of Prishtina/Priština does not have a single non-majority civil servant out of a total of 375 civil servants. Therefore, many of these agencies are unable to meet the 10% representation required by the Law on the Civil Service.

32 While, the Kosovo Police has about 11% non-majority community civil servants, the institution has 14% non-majority community police officers.

33 Both of the civil servants in the UCCK are from the Turkish Community.

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figure 8. Gap between 10% objective and actual non-majority representation34

Only 7 such agencies have any civil servants from the Serb community. The Department of the Treasury has only 1 Serb, the Kosovo Forestry Agency only 3, and the Kosovo Academy for Public Safety in Vushtrri/Vučitrn only 4 Serbs out of 167 total civil servants. Differences between actual and targeted representation are presented above.

Overall, executive agencies have a little more than 4% of Serb civil servants (two-thirds of these in the Kosovo Police). There are no Ashkali or Egyptian community members, and there are only 4 Roma and 6 Gorani. The Bosniak and the Turkish community are represented at 0.9% of the civil service of executive agencies, which is below their share of the population. The diagram below depicts non-majority community representation as compared to their percentage share of the Kosovo population.

34 Note: The figures refer only to civil servants in these institutions. For example, while 11.6% of the employees in Kosovo Customs are non-majority communities, they are classified as “public workers” and not “civil servants”.

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Independent agencies

Independent Agencies have the highest rate of non-majority representation compared to ministries, executive agencies and POEs. With 8.9% of civil servants from non-majority communities, independent agencies can be considered to have achieved a relatively good result. However further improvements are needed if these agencies are to meet the target of 10%.

The Serb community seems to be most positively affected, since their share of civil servants in independent agencies at 5.5% is higher than their estimated share in the total population (based on the estimated Kosovo Serb population in all of Kosovo).

Although a smaller number in total compared to the Serb community, the representation of the Turkish community in independent agencies is roughly proportional to their share of the population. The Bosniak and the Roma communities are almost at the same level of employment in independent agencies (1.52% and 0.32%) as their share in the overall population, 1.6% and 0.5% respectively. The Ashkali community has the lowest share of civil servants in independent agencies (0.03%), and this is less than their share in the total population (0.89%).

The Gorani and Egyptian communities also do not stand well in independent agency employment. They only represent 0.013% and 0.03% of civil servants, compared to 0.59% and 0.89% of the total population. The diagram above presents the representation of each non-

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majority group as compared to their share of the population. As noted in the Strategy for the Integration of Roma, Ashkali and Egyptian Communities in Kosovo, Kosovo institutions are aware of these shortfalls and partly blame the low level of education and professional training for this situation among the relevant communities.35 This was also confirmed by statements from the personnel managers in these Agencies.

As shown above, there are independent agencies across the spectrum, those surpassing the 10% requirement, being either slightly above or below or failing to meet the requirement. Again, the average for these 21 agencies is 8.9% overall. The Civil Aviation, Railway and Telecommunication Regulatory agencies as well as the Kosovo Judicial Institute, and Academy of Arts and Sciences do not have any non-majority communities in their staff. Among the low performing agencies is also the Central Bank, which has only 5 of its 182 civil servants from non-majority communities. The Office of Auditor-General is also low performing in non-majority representation as only 6 of its 134 employees are from non-majority communities.

However, the Kosovo Judicial Council (the Courts) has the highest number of non-majority communities, 163 out of its 1418 civil servants or 11.5%. The Kosovo Privatization Agency comes second with 26 non-majority civil servants at nearly the 10% mark. Other agencies above the 10% mark are the Central Election Commission with 11 non-majority civil servants in its 77-strong secretariat, the Free Legal Aid Agency with 3 non-majority communities in its workforce of 22, and the Constitutional Court with 7 non-majority civil servants in its 38 person secretariat (which is also the highest share).

35 OSCE Mission in Kosovo. 04 April 2013. Putting the spotlight on the employment of young Kosovo Roma, Ashkali and Egyptians. Available at: http://www.osce.org/kosovo/100496.

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Publically owned enterprises (Poes)

Publicly owned enterprises (POEs) employ a large number of people but none of these employees are civil servants and thus are not bound by the 10% quota of non-majority employees. Nevertheless, they are publically owned and thus do have a responsibility to the state and inter alia its policies. As a result, they should aim for a higher share of employment for non-majority communities. POEs require highly educated people with specific skill sets. This is lacking among some non-majority communities. According to the four enterprises assessed,36 there is very low representation of non-majority communities in POEs, of less than 2%.

There are more than 10,000 employees at these four public enterprises but only 203 employees are of non-majority community backgrounds. There is slightly negative trend from the 2010 reported data on non-majority representation in POEs. Whereas in 2010 it was reported that 244 employees of non-majority communities were employed in these four POEs, this figure decreased to the aforementioned 203 reported employees.37

The Post and Telecom of Kosovo (PTK) has the largest share of non-majority communities represented, 3.2% or 76 employees of its 2,384 workforce. Of the 76 non-majorities, 31 are Serbs, 25 Turks, 13 Bosniaks and 7 are Ashkali. This also exhibits a negative trend from 2010 when 120

36 The four POEs assessed were: The Kosovo Energy Corporation, TrainKos, KOSTT (Energy Transmitter and Operator), and the Post and Telecom of Kosovo. The latter two have been recently privatized and thus are even less inclined to have the public responsibility of hiring underrepresented groups. Prishtina International Airport was left out of the assessment because at the time of the assessment it had been fully handed over to private ownership.

37 The TRAINKos has changed in organization, where it used to by the Railway of Kosovo, as of 2012 it was split into TRAINKos and Railway.

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employees from non-majority communities were reported. The Kosovo Energy Corporation (KEK) has the most employees of all, 7,415, but only 1.6% of its workforce is from non-majority communities (52 Serbs, 31 Bosniaks, and 20 Turks). Although a low share, it is a slight increase from 2010 when ECMI reported 109 or 1.35% non-majority community employees in KEK. Most of the increase has come from the Serb community, from 28 Serbs working in KEK in 2010 to 52 today. It is worth noting that there is no member of the Gorani or Egyptian communities employed in the POEs. The diagram below compares the representation of non-majority communities to their share of the total population.

MunicipalitiesLocal institutions are the best performers in including underrepresented communities in the civil service. By law, the local government is obligated to have a civil service that represents the ethnic composition of its residents (not the 10% quota as in the central-level institutions). The share of non-majority communities in local government comes to 8.8%. This figure accounts for non-majorities in the municipal level and not those that are considered non-majority communities in the national level. If we account for civil servants that are part of non-majority communities at the national level but a majority in their municipalities (Serbs in Gračanica/Graçanicë, Štrpce/Shtërpcë, Klokot-Vrbovac/Kllokot, Ranilug/

Ranilluk; Turks in Mamuşa/Mamusha), the overall share of non-majority civil servants at the local level becomes 12.1%, which is more than the share of these communities in the population.

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The representation of non-majority communities in the local government civil service has greatly improved as compared to the 2010 ECMI report (from 5.5% to 8.8%). Decentralization stands out as a possible reason for this positive trend. Kosovo underwent a process of territorial decentralization since 2010, whereby new non-majority community-led municipalities were created (while ECMI accounted for 27 municipalities in 2010, excluding the 3 in the north; in 2013, seven new municipalities have since been added to the local level of government38).

However, despite the relative satisfactory representation of non-majority communities in most municipalities, there are some communities such as the Ashkali, Egyptian, Gorani, Roma and even Turks that are underrepresented in the local government compared to their share of the population. The Bosniak community is most represented proportionally to their share in the population. If we estimate that the Serb population makes up about 2.5% of the total population of Kosovo (excluding the north and the municipalities where the Serbs are a majority), the Serb community is represented in satisfactory numbers overall in local government. There is a share of 3.7% Serbs in civil service of municipalities when they are a non-majority. However, accounting for all municipalities, even the ones where the Serbs are in the majority, their share of employment in local level civil service comes to 7.7%, which is more than the share in the population (excluding the north municipalities). See the presentation below to compare non-majority community employment to their population size.

38 The seven new municipalities are: Junik/Junik, Mamuşa/Mamusha and Hani i Elezit/Elez Han (created in 2007), Gračanica/Graçanicë, Klokot-Vrbovac/Kllokot, Ranilug/Ranilluk, Partesh/Parteš (created in 2009 and 2010).

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Most municipalities are in line with the Civil Service Law, which says that local government should have at least the same share of non-majority communities in the civil service as in its population. In total, 21 municipalities have a larger share of civil servants from non-majority communities than their share in the population. Municipalities such as Obiliq/Obilić, Rahovec/Orahovac and Vushtrri/Vučitrn, as well as larger municipalities such as Prishtina/Priština, Gjilan/Gnjilane and Mitrovicë/Mitrovica surpass the legal requirement. It is difficult to compare the share of civil service with the share of population in Serb municipalities (including Novobërdë/Novobrdo) as a large part of the Serb community did not participate in the 2011 Census. However, Gjakova/Đakovica, Pejë/Peć, Prizren/Prizren and Dragash/Dragaš are below their share of population in terms of representation of non-majorities in civil service.

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aCTIve ReCRuITMenT MeasuRes

overview

As mentioned in the legal framework section above, Article 11 of MPA Regulation 04/2010 states that public institutions are required to apply a minimum of 6 out of 14 proposed active recruitment measures. Details of these measures are shown in the table below.39

active Recruitment Measures39

(1) Publish vacancies in all official languages in the press and on official websites.

(2) Target communities directly by distributing job vacancy announcements where non-majority communities are concentrated.

(3) Training scheme for non-majority applicants (i.e. in cooperation with regional offices for employment).

(4) Make efforts to identify and solicit job applications from under-represented communities.

(5) When presented with a choice between two candidates of equal merit, select the candidate from an under-represented community.

(6) Internship scheme for under-represented communities.

(7) Scholarship programs or financial awards for under-represented communities.

(8) Vocational training programs, including language courses.

(9) Training to support the promotion, career opportunities or skill-building for employees of under-represented communities, who lack specific expertise but who show potential (in co-operation with the Kosovo Institute of Public Administration (KIPA).

(10) Mentoring program (individual or group) for lower-level employees (in co-operation with KIPA).

(11) In-service on-the-job training scheme for non-majority communities.

(12) Workshops on non-discrimination and how to report discrimination.

(13) Joint recruitment strategies with organizations representing under-represented communities (in co-operation with the Ministry of Labor and Social Welfare - MLSW).

(14) Applicant pools of qualified persons from under-represented communities (in co-operation with MLSW).

Active recruitment measures are designed to boost the integration of non-majority communities in the civil service, and are to be implemented “until the quotas for the representation of communities not in the majority … are fulfilled”. They are suggested policy choices for public institutions, who are nonetheless obligated to implement at least 6 of them.

39 Article 11 Paragraph 3.1-4 of MPA Regulation 04/2010

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We asked institutions to report the number of active recruitment measures that they currently implement. We found the following results:

Type of Institution average number of active Recruitment Measures

Government Institutions Average number of measures: 5.5 out of 14.

executive agencies Average number of measures: 5.6 out of 14.

Independent agencies Average number of measures: 4.7 out of 14.

Poes Average number of measures: 6.2 out of 14.

Municipalities Average number of measures: 7.0 out of 14.

The most commonly implemented measures were measures 1 and 5 (implemented by 89% and 74% of all institutions, respectively). More than half of all institutions reported implementing measures 4 (60%), 3 (57%), 2 (56%), and 9 (53%). Many institutions also declared implementing measures 8 and 6 (47% and 42% respectively). The measures least implemented by public institutions in Kosovo are measure 12 (34%), measure 11 (24%), measure 13 (21%), measure 10 (19%), measure 7 (8%), and measure 14 (3%).

The OSCE report (2013) presented a more polarized picture with respect to ARMs. It reports that all central-level institutions and virtually all local-institutions published vacancies in all official languages (M1), but none “implemented a more proactive recruitment strategy” (M3 or M4). In contrast, many institutions in this survey reported implementing M3 and M4.

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It also found that “no institution at either the central or the local level implemented any activities in relation to initiatives (3), (6), (7), (8), (9), (10), (12), (13), (14).”40 The OSCE survey, however, focused only on training sessions targeting non-majority community employees, and not on general anti-discrimination training. The survey used for this report also found low implementation rates for measures (6), (7), (8), (10), (12), (13), and (14). However, more than half of institutions reported in this survey that they implemented training schemes for non-majority applicants (M3) and for non-majority civil servants (M9). The discrepancies between the two surveys may be explained by the fact that this survey simply reports the self-reported answers from institutions – without background verifications. A more in-depth survey of institutions focused on ARMs might be necessary in the future, as a result. It is also possible that the OSCE survey may have also under-reported certain values.41

Finally, the OSCE reports that over half of ministries had positive discrimination (M5), which is roughly equivalent to this survey’s results.

Ministries and Representative Institutions

Ministries and representative institutions claim to implement on average 5.5 ARM per institution. The MCR, OPM, and MED are the most committed to meeting their positive obligations with more than 9 implemented ARMs. Conversely, MEI and MKSF were the ministries that implemented the least number of ARMs (only 2).

executive agenciesExecutive agencies showed a similar trend with an average of 5.6 ARMs per agency. Four agencies implementing more than 9 ARMs (the Forestry Agency, Correctional Service, the Police, and Tax Administration), while the three least compliant executive agencies were the Kosovo Security Council, Agency for Gender Equality, and Pedagogic Institute of Kosovo(with 2 or less ARMs).

40 OSCE (2013) Representation of Communities in the Civil Service in Kosovo. http://www.osce.org/kosovo/99601 (accessed 15 May 2013), p 15.

41 For example, we found that many municipalities implement anti-discrimination workshops through the Human Rights Units and Municipal Offices for Communities and Return.

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Independent agencies Independent agencies were the least likely to implement ARMs with an average of 4.6 measures per agency. Only one institution declared having implemented 9 ARMs (Kosovo Constitutional Court). While a third of agencies declared implementing less than 3 ARMs (Kosovo Anti-Corruption Agency, Civil Aviation Regulatory Office, Telecommunication Regulatory Authority, Kosovo Prosecutorial Council, Kosovo Judicial Institute, Energy Regulatory Office, Kosovo Judicial Council, and the Academy of Sciences and Arts).

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Publically-owned enterprisesPublically-owned enterprises, with a declared average of 6.2 measures per POE, mostly meet the legally required amount of 6 ARMs. As previously mentioned, however, this may require more thorough verification in future studies.

MunicipalitiesMunicipalities have the highest rate of ARM implementation of all types of institutions with an average of 7 ARM per municipality. Most municipalities declared implementing more than six ARMs, with Dragash declaring 12 ARMs. Istog/Istok, Podujevë/Podujevo, and Shtime/Štimlje declared 11 ARMs. Conversely, only four municipalities declared implementing 3 or less measures (Drenas/Glogovac, Deçan/Dečani, Junik/Junik, and Partesh/Parteš).

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GendeR balanCe of non-MaJoRITy RePResenTaTIon

The employment of women in Kosovo is generally a challenge for all communities concerned. The Law on Gender Equality calls for equal representation of gender in all central and local institutions, and equal representation is specified in Articles 3.1 and 3.2 of the law with representation of one gender with at least 40% participation.42

Women have low rates of participation and employment in Kosovo. Young women experience higher unemployment rates than men and are more often in lower level positions, part-time and fixed-term jobs. Gender stereotypes play a major role in this situation, since women and men follow traditional education and training paths which often place women in occupations that are less valued and remunerated. Women work much less in technical fields, despite the existence of labor market shortages.43

The provisions of the new Law on Labor, especially the maternity leave requirements,44 have a negative impact on women seeking employment and those currently employed; however this impact is more evident in the private sector rather than in public institutions.


In certain state institutions, including the Office of the Prime Minister, Ministries, Office of the President and Assembly of Kosovo, the share of non-majority women employed in the civil service is equal to or higher than the number of non-majority males employed from the same communities. The highest number of non-majority female employees is in those institutions that are run by the non-majority community itself or where specific departments of these institutions deal with non-majority issues. In this regard, the Ministry of Labor and Social Welfare leads in the number of female employees, (60 females from a total of 102 non-majority community employees), followed by Ministry of Internal Affairs, which has 22 females from 42 total employees, and the administration of the Assembly of Kosovo which has 14 females from a total of 18 employees from non-majority communities.

42 The Law on Gender Equality No. 2004/2. Assembly of Kosovo. Available at: http://www.assembly-kosova.org/common/docs/ligjet/2004_2_al.pdf.

43 Kita, Linda. HRD country analysis – Kosovo, ETF working paper, May 2008. Available at: http://www.etf.europa.eu/pubmgmt.nsf/(getAttachment)/82184CC7164F60E2C12574B9005788F6/$File/NOTE7J5LPJ.pdf.

44 Assembly of Kosovo. 2010. Law on Labor. Available at: http://www.kuvendikosoves.org/common/docs/ligjet/2010-212-eng.pdf.

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The diagram above depicts the proportion of female employees from the non-majority communities to the total proportion of females in the civil service. The smaller the number of the overall non-majority communities employed in one institution, the higher the proportion of female versus male non-majority communities employed in that institution. This suggests that these institutions favor hiring female employees. In this regard, the Ministry of Health has all females from a total of three (3) non-majority employees, and the Office of the President has three out of four (4) female non-majority employees. The Office of the Prime Minister has four (4) female from a total of seven (7) non-majority employees.

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executive agencies

The data gathered by the Ministry of Public Administration for Executive Agencies are aggregated with their parent ministry in most cases. But there are three Executive Agencies where there is data on overall gender balance thus making them comparable with the gender representation of non-majority communities. The University of Prishtina/Priština has no civil servants from the non-majority communities, thus there are no women from non-majority communities. However, overall this institution has very balanced gender representation among its civil servants. More important for this study is the Kosovo Police, with MIA as the parent ministry. Also important but to a lesser extent is Kosovo Customs, which has a small number of non-majority communities among its civil servants and has the Ministry of Finance as its parent institution. The KP has 127 non-majority civil servants and 72 of them, more than half, are women. Customs has only one non-majority civil servant (and no male non-majority) out of a total of 72 civil servants. It should be emphasized again that the overwhelming majority of Customs employers are not considered civil servants. 11.6% of all Customs employees are from the non-majority communities.45

45 Kosovo Customs employs a total of 583 employees, of which 515 are Albanian, 28 Serb, 15 Turk, 14 Bosnian, 3 Roma, 3 Gorani, 3 Egjyptian and 2 Ashkali.

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Independent agencies There are also challenges regarding non-majority women employment in Independent Agencies. However, independent agencies as mentioned above require skills that are more specific in nature and this makes it more difficult to recruit non-majority communities.46 Among independent agencies we have those that have no civil servants from non-majority communities, and therefore speaking about the gender-balance is irrelevant. Such independent agencies are the Kosovo Judicial Institute (KJI), the Academy of Arts and Sciences, the Railway Regulatory Authority, the Energy Regulatory Authority, the Civil Aviation Regulatory Agency and the Telecommunication Regulatory Agency. The percentage of female non-majority civil servants is presented below.

In institutions that deal directly or indirectly with non-majority communities, the employment rate from the same communities is higher. In this regard, the Kosovo Judicial Council (Justice as listed in the graph) has the largest total number of women civil servants from non-majority communities, with 86 employees from a total of 163, followed by the Kosovo Prosecutorial

46 This may be the case for two reasons. First, as aforementioned in the report, non-mayority civil servants have a lower proportion of recognized university education. Second, employers have a smaller pool of technically able-bodied employees from the non-mayority communities, due to the fact that there is a smaller pool of individuals who could have those required abilities.

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Council (Prosecutorial as listed in the graph), with 15 out of 21 females. For both these independent institutions, the proportion of female versus male non-majority communities is higher than the proportion of females versus males of the majority community.

The Privatization Agency (KPA) has 15 women of its 26 non-majority communities. The Kosovo Property Agency has 8 women out of 20 total non-majority civil servants, roughly the same as the share of women in the majority community. There are some independent agencies that have fewer employees from the non-majority communities, but where all or most of them are female. This is the case with the Ombudsperson, the Independent Media Commission and the Public Procurement Regulatory Commission, where all four non-majority community employees are female. This includes two women out of a total of two non-majority civil servants in the Ombudsperson, and one woman out of a total of one non-majority civil servant in the IMC. On the other hand, there some institutions that only have few female non-majority communities despite the relatively high number of non-majority communities employed This is the case with the Central Election Commission which has only two (2) female employees from a total number of 11 non-majority civil servants, and the Kosovo Constitutional Court which has only one woman from a total of 7 non-majority civil servants.

Publically-owned enterprises

The Ministry of the Public Administration does not keep data on the employees in POEs. However, since POEs are considered public institutions, they are required to uphold the inclusion of women non-majority civil servants, as the less represented gender, at the 40% level based on the Law on Gender Equality POEs do not perform well in non-majority representation in their work force so their women representation among non-majority communities lags as well.

The chart above presents the percentage of non-majority women employment, as compare to total women employment in POEs. While all POEs have not managed to reach the 40% women representation among their non-majority work force, some of the larger ones do come close to it. KOSTT has a total of only 3 non-majority employees, one of them is a woman, and

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the Post and Telecom of Kosovo has 76 non-majority employees of which 32% (24) are non-majority women. The Kosovo Energy Cooperation has a 17% share of women among its 121 non-majority employees. This is 3% lower than the figure reported in 2010 by ECMI, while KEK had 20% women from its non-majority employees. The only POE that does not have a single female employee from the non-majority communities is TrainKos, and it only employs 3 non-majority communities in total.

The Serb community has the most women employees in the POEs relative to other non-majority communities. There are a total of 22 Serb women in the four POEs surveyed, 13 of them in the PTK and 9 in KEK. The Turkish community has 10 women in POEs, 7 of them in the PTK and 3 in KEK. There are 8 Bosniak women total in POEs, with 2 in the PTK and 6 in KEK. There are no Roma, Egyptian or Gorani women working in publicly owned enterprises.

Municipalities

Participation of women non-majority communities in local government is particularly difficult as in several cases there is generally low inclusion for non-majority communities. The low inclusion is generally in the majority-led municipalities, and is not a problem in the municipalities where it is the national non-majority that is in the local majority. As stated above, representation of non-majority communities in the civil service of municipalities must mirror their proportion of residents in the respective areas.

Some municipalities do not have any civil servants, and therefore no women, from non-majority communities, such as Drenas/Glogovac, Junik/Junik and Kaçanik/Kačanik. Some municipalities have a very small number of non-majority civil servants, which makes it difficult to draw comparable results on gender balance. For example, Suharekë/Suva Reka and Shtime/Štimlje each have 2 civil servants from non-majority communities, and employ one woman each; Deçan/Dečani and Podujevë/Podujevo each have 3 non-majority civil servants, also employing 1 woman each; and Klinë/Klina has a total of 5 non-majority civil servants, only one of which is a woman. In terms of percentages of non-majority gender-balance, they rank close to 50%. However, in terms of absolute numbers each of these municipalities only has 1 woman from non-majority communities.

There are eleven municipalities that have 40% or more female civil servants representing the non-majority communities. Of the municipalities with a larger share of non-majority communities, Obiliq/Obilić has the proportion of female non-majority communities, 69% (11), followed by Mitrovicë/Mitrovica with 50% (9) of its non-majority civil servants being women. Two municipalities with a relatively high number of non-majority communities, Prizren/Prizren and Dragash/Dragaš, do not have an adequate level of women representation among their civil servants, only 29% (18) and 7% (3), respectively.. See the distribution below on women representation among non-majority civil servants as compared to overall women representation in the civil service of local institutions.

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PosITIon level of non-MaJoRITy CoMMunITIes

overview

Non-majority communities as a whole are generally underrepresented at the managerial level of civil service institutions, and are mostly concentrated in professional and administrative positions. This may be due to several factors. Firstly, there may not be large numbers of managerial positions available in general. Secondly, there may not be adequate capacities among non-majority communities generally, or with particular communities, that make it so they are employed mostly in professional or administrative positions. Another factor that has been reported widely is the lack of meritocratic recruitment in the public service. Lastly, and most important to this report, this may be due either to the lack of more rigorous and concerted efforts to actively employ these communities.

There are similar trends in the share of managerial, professional and administrative positions allotted to the more populous non-majority communities, Serbs, Bosniaks, and Turks. It should be noted that most of the people from these communities are employed in the local government or independent agencies. This is mostly due to their being more jobs available at these institutions. However, there is not much of a difference in their employment level depending on the type of institution.

Serbs, Bosniaks and Turks are least likely to be employed as managers in independent agencies and publicly owned enterprises, as compared to other institutions. As mentioned above,

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independent agencies require employees with particular competencies. In addition, publicly owned enterprises receive less scrutiny in terms of employing non-majority communities and are not stringently obliged to do so.

While the other communities—Ashkali, Egyptians, Gorani, Roma and others—are very few in number, those that are employed are nearly all administrative personnel within public institutions. These communities are mostly employed at the local government level, the independent agencies and then at the central government institutions. Few are employed in executive agencies and POEs. The distribution of position level jobs for these non-majority communities is best at the local level, where almost all of these communities have at least one public service manager.


While non-majority communities are almost evenly employed in professional and administrative positions, only 12% of those employed work in management at government institutions. Again, this may simply reflect the low number of management positions compared to positions offered at the other levels. However, it does show a greater proportion of management positions for Serbs and Bosniaks in comparison to those for other non-majority communities. This is likely a combination of both limited management opportunities and limited management capacity among certain, less populous, non-majority communities.

As for the allocation of professional and administrative positions, the government institutions data, seen above interestingly shows that there are more professional as opposed to administrative employees. A comparison between professional levels is difficult to analyze with the smaller non-majority communities, which have employees only in the single digits. The diagram below presents a breakdown of non-majority community employment at different position levels within government institutions.

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executive agenciesExecutive agencies employ the lowest absolute number of non-majority communities. These agencies mostly employ the Serb, Bosniak and Turk communities and very few other non-majority groups. The diagram below depicts the employment of non-majority communities by category or level of position.

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Independent agencies As aforementioned in this report, independent agencies fare best in non-majority representation in comparison to the other public service institutions. Although it is encouraging that these agencies include high numbers of non-majority communities, the majority of these individuals are employed in administrative positions. While 68% of independent agency non-majority employees are administrative personnel, 27% are professional level employees and only 6% are managers. This can be viewed in the diagram below.

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In terms of the distribution of non-majority communities along the different position levels, the three larger communities were mostly concentrated in administrative positions, less so in professional positions and sparingly in managerial ones. Apart from the Roma, there was little employment of the other non-majority communities.

PoesThis paper has noted non-majority quota obligations not strictly applying to publicly owned enterprises as being one of the factors that has potentially resulted in the employment of the lowest amount of non-majority communities in POEs. The non-majority communities employed in POEs are mostly staffed in professional and administrative positions and only two persons from these communities work as managers.

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Municipalities

The decentralization of governance at the local level would imply that especially Serbs and Turks—who run their own municipalities—would have access to managerial, professional and administrative positions. The May 2013 data does seem to suggest a rational distribution of different level positions among the Serb, Turk and also Bosniak communities. Most likely, this reflects the managerial, professional and administrative jobs on offer at these levels.

The non-majority communities that are smaller in number, namely the Ashkali and Roma, also seem to be employed in greater numbers in municipalities, with nearly 30 employed Ashkali and 13 Roma. Unlike with other institutions, municipalities engage almost all non-majority communities in managerial posts, with the exception of the Gorani.

levels of eduCaTIon of non-MaJoRITy CoMMunITIes

overview

This section sets out the level of education47 of all civil servants and of non-majority communities employed in the civil service. Average education of non-majority communities falls below the average education of all civil servants in all types of public institutions. While the difference in education between the non-majority communities and the civil servant average is similar in most institutions surveyed, it is very stark when comparing local level institutions to those at the central level. At the local level, non-majority communities have less superior education and, unlike the civil servant average, they maintain a low associate education level. It should be noted that although quantitative data was not available during the process of this review, it is generally accepted that a large proportion of students from Kosovo non-majority communities

47 While primary and secondary education is self-explanatory, associate education refers to civil servants with two years of education following high school (university education) and superior education refers to those with at least an undergraduate degree.

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undertake their tertiary education at the “University of Prishtina/Priština, temporarily located in Mitrovicë/Mitrovica”. This institution operates within the Serbian academic system. Degrees issued by this institution are not currently acknowledged by the Kosovo public institutions (although improvement in this situation is anticipated in light of recent progress in the normalization of relations between Kosovo and Serbia). Thus, in reporting “lack of qualifications” or “insufficient qualifications”, it is important to consider this observation as a negative influence on the quantitative data.

Government Institutions

As shown above, the majority of non-majority community civil servants in the government institutions, 64%, have secondary education only. Only 25% have superior education. As for the education of all civil servants working in the government institutions, 54% have superior education, while 40% have only secondary or high school education.

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This trend of education level is similar in independent agencies. The average among all civil servants is superior education of 41% while 27% of non-majority communities have this level of education. In terms of secondary education, 64% of non-majority communities have secondary education only, while this is the case for 49% of the civil service.

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Publically-owned enterprises

Publicly owned enterprises seem to have less academically capable non-majority community civil servants. About 80% of these communities have only secondary education, while 6% have two years of college education and 8% completed university.

Municipalities

In local level institutions, such as with government institutions and independent agencies, the average education of non-majority communities is less than that of the average for all civil servants. 64% of non-majority communities have secondary education, while 18% have superior education. The civil servant average education stands at 41% for superior education, 36% for associate education and 16% with only secondary education. Interestingly, while average civil servants have associate education in much greater proportions at this level, the same is not the case for non-majority communities. Only 8% of non-majority communities have associate education compared to the 36% figure for all civil servants. This may reflect less access to this level of education in the language of non-majority communities. See the diagram below for reference.

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TRaInInG PRovIded To non-MaJoRITy CoMMunITIes

overview

We also sought to evaluate the amount of training that non-majority employees receive in the Kosovo Civil Service. Training is an essential ingredient for greater representation of non-majority communities in the civil service. Firstly, non-majority civil servants that receive training build their skills and capacity, and thereby can improve their future job prospects. Secondly, institutions that provide training to non-majority civil servants demonstrate their commitment to integrating non-majority employees and increasing non-majority representation.

It should be noted that none of the institutions have separate training programs for non-majority employees. Institutions provide the same type of training to non-majority employees as the rest of the workforce. The data presented below is not training specifically targeting non-majority communities.

We asked institutions to report the amount of training that was provided to non-majority employees since joining the institution. Institutions were asked to report how many non-majority civil servants had respectively received:

- Less than 1 week

- 1 week to 1 month

- More than 1 month

- More than 3 months

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With this information, we developed a “training indicator” that shows the average amount of training (in weeks) per non-majority employee provided by each institution. We calculated the following average training indicators for each category of institution:

Type of Institution average number of weeks of training Per civil servant per non-majority

Municipalities 6.7 weeks

Poes 5.2 weeks

executive agencies 3.5 weeks

Independent agencies 2.7 weeks

Government Institutions 1.5 weeks

We also collected data about the type of training that non-majority civil servants need. The majority of respondents stated that non-majority civil servants needed training on management skills (planning/organization) (46%), learning of official languages (30%), and writing/communication skills in the workplace (19%).

Lastly, we collected data on the type of training provided to non-majority civil servants. Firstly, we found that no institution has a training program specifically focused on non-majority civil servants. Non-majority civil servants take part in training programs commonly offered to all civil service employees. The majority of institutions offer non-majority civil servants job-specific training, 56%, followed by administrative and finance training, 40%, languages training, 26%, and lastly management training, 22%. See the diagram below for a graphical presentation of these findings.

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In terms of the division of areas of training between institutions, government institutions, municipalities and independent agencies had the greatest diversity of training types offered. Government institutions offered 38% of their trainings in each of the following areas: administration and finance, official languages and management. They offered 62% job-specific training. Executive agencies and POEs offered mostly job-specific training, while both independent agencies and municipalities offered a division of training types similar to that of government institutions. Independent agencies offered mostly job-specific training, at 69%, and municipalities offered mostly administration and finance training, at 52%.

The previous section of this report on the position level of non-majority communities noted that most of these civil servants worked in administrative and professional positions, and not managerial positions. This most likely was one of the determinants of the type of training that non-majority civil servants were offered. For example, it was more likely for administrative personnel to receive administration and finance training and less so managerial training.

Total figures showed that institutions reported 37% of trainings of civil servants in the “other” category. The types of training highlighted in this category were that on EU integration/legislation, KIPA training and training on writing and other forms of communication.


In government institutions, we found that ministries had provided an average of 1.5 weeks of training per non-majority civil servant. The ministries that provide the most weeks of training per non-majority employee were M. Dias (8w), MED (5w), MAFRED (4w), MEST (3w), MCR (3w), and MLGA (3w). Conversely, the MKSF, MPA, MI, MESP, MCYS, and MEI had provided 0 weeks of training to their non-majority civil servants.

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executive agencies

Executive agencies showed a similar trend than ministries and provided an average of 3.5 weeks of training per non-majority civil servant. The police is the central-level institution that provides the most training with a total of 24w of training per non-majority civil servant. This is mostly due to the fact that every police officer (regardless of background) must graduate from the police school. The executive other executive agencies that showed the most commitment to training were the Mental Health Agency (12w), Statistical Agency (12w), University of Prizren/Prizren (8w), National Library (4w), and Telemedicine (3w). Conversely, many executive agencies only had provided 1 week of training per non-majority employee. The correctional service, Customs, the Treasury, Agency for Gender Equality, and Pedagogical Institute provided 0 weeks of training to their non-majority employees.


Independent agencies provided an average of 2.7 weeks of training per non-majority employee. The agencies Anti-Corruption Agency (12w), Privatization Agency (12w), Constitutional Court (8w), and Office of Auditor General (8w) provided the most training to non-majority civil servants. Conversely, 8 independent agencies provided no training at all to their non-majority employees. Therefore, although the average weeks of training provided by independent institution is not low, more than half of them provided less than one week of training.

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Publically-owned enterprisesPublically-owned enterprises provided an average of 5.2 weeks of training per non-majority employee. This is a high average, but as always with POEs the small size of the sample reduces the statistical significance of mean a value. PTK and TrainKos reported a high average number of weeks of training per non-majority civil servant (12w and 8w respectively), while KOSTT and KEC provide 1 or no weeks of training.

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Municipalities

Municipalities were the most committed institutions to training non-majority civil servants in Kosovo. On average, municipalities provide 6.7 weeks of training per non-majority civil servant, the highest of any category of institution. Partesh/Parteš provided the highest amount of training to its non-majority civil servants of any public institution in Kosovo (28w). Six more municipalities provided an average of 12 weeks of training (Deçan/Dečani, Gjilan/Gnjilane, Klokot-Vrbovac/Kllokot, Novobërdë/Novo Brdo, Obiliq/Obilić, and Suharekë/Suva Reka). Conversely, the municipalities of Kamenicë/Kamenica, Lipjan/Lipljane, Prishtina/Priština, and Rahovec/Orahovac did not provide a single week of training per non-majority civil servant.

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Job aPPlICaTIons fRoM non-MaJoRITy CoMMunITIes

Approximately 10% of all job applications received during 2012 were from non-majority communities. Municipalities had the largest share of non-majority applicants with 20.6% (as per the local/municipal ethnic composition), to which recently created (or expanded) multiethnic municipalities contributed with a significant portion of applications. For example, over 50% of all job applications in Štrpce/Shtërpcë, Klokot-Vrbovac/Kllokot, and Novobërdë/Novo Brdo were from non-majority communities.

Government institutions had 7.6% of job applications come from non-majority communities during 2012. The Ministry of Communities and Return had the largest portion of non-majority applicants, with about 40%. Executive Agencies, POEs and independent agencies reported receiving less than 5% of job applications from non-majority communities. 48

Type of Institution Percentage of job applications from non-majority communities during 201248

Municipalities 20.6 %

Poes 3.3 %

executive agencies 4.2 %

Independent agencies 2.3 %

Government Institutions 7.6 %

48 Data is based on a total of 48 institutions that had at least one non-majority job application.

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PeRCePTIons of HIRInG ManaGeRs In all InsTITuTIons

In order to help explain the perceptions of hiring managers in terms of non-majority representation, the NOVUS survey asked personnel managers and heads of institutions to report and rank what they considered their greatest challenges hiring non-majority communities. The self-reported results show that personnel managers identify inadequate education and experience of non-majority communities as a main challenge, at 39%, followed by what they perceive as a lack of interest by these communities for employment, at 38%, and wit 9% report political obstacles and pressures hindering greater non-majority community employment. The perception of the lack of interest of non-majority communities for employment may be due to institutions not doing enough on their part to reach out to these communities, although this is reaching out is identified separately as a challenge. Other difficulties mentioned by hiring managers were obstacles in communication—non-majority communities not being able to speak official languages required for certain positions and the lack of opportunities for employers to reach out to non-majority communities.

This report identifies the challenges to non-majority employment from the point of view of the public sector employer and this may not, or likely would not, be the same as the point of view of potential non-majority community employees. This is a topic for further enquiry. As for the findings noted above, they are consistent with the fact, as aforementioned, that non-majority communities have comparatively less education attainment than the average civil servant. This may be partly due to the non-majority communities having university education from the “University of Prishtina/Priština temporarily located in Mitrovicë/Mitrovica”. Also, the concentration of these communities in administrative and professional positions—and less so in managerial ones—may also attest to them not having the necessary public sector experience for certain positions.

Representatives of the Office of the Prime Minister, Ministry of Economic Development and the local administration in Gjakova/Đakovica interviewed for this report mentioned inadequate experience and education as hampering greater employment of non-majority communities. Such was the case with the independent agencies and POEs, with this being cited as a key challenge by KOSTT, IMC, the Central Bank and the CEC. This report has identified the problem of inadequate education and/or experience as being most acute with the less populous non-majority communities—the Roma, Ashkali, Egyptian and Gorani communities in particular. This is not to say that it does not affect the Serbs, Bosniaks or Turks either but these latter communities were found to be comparatively more capable in terms of academic and professional experience. The other challenges identified by personnel managers were not able to be supported by any of the additional data resulting from the survey.

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PolICy ReCoMMendaTIons

The following are the policy recommendations put forward by the Office for Community Affairs of the Office of the Prime Minister. These recommendations are based on the assessment of the employment of non-majority communities in the Kosovo civil service and publicly owned enterprises. These recommendations and this report will form the basis for the forthcoming recommendations of the Working Group on Employment Policy of Non-Majority Communities,49 which will be addressed to the Kosovo government. The Working Group will include in their recommendations measures to ensure effective monitoring and evaluation, and a clear delineation of the roles and responsibilities of particular institutions—in terms of implementation, monitoring and evaluation. These recommendations contain budgetary implications for the implementing institutions, and therefore the Working Group will identify the current capacity for implementation and the available donor support to carry out such implementation.

1. develop Mechanisms to enforce Implementation of active Recruitment Measures:

It is difficult to envisage that there would be an increase in non-majority community representation without ARM implementation. Despite the fact that the policy-tools are clearly outlined and made mandatory by the Civil Service Law, public institutions in Kosovo continue to be insufficiently pro-active in recruiting non-majority communities. First, more communication around ARMs would ensure that the policy obligations are well understood by the relevant officials in every institution. Second, there should be a regular in-depth evaluation of the progress made in this regard for all institutions. Finally, a persistent failure to implement ARMs should be met with punitive measures—such as budget cuts, and/or dismissals of underperforming managerial personnel for example.

2. develop Tailored active Recruitment action Plans:

Every institution would benefit from developing their own Active Recruitment Action Plans so that they can be tailored to their specific needs. Different institutions have different problems and have diverse needs for civil servants. For example, independent and executive agencies need staff with specific skills, which may require an Action Plan focused on developing ARMs focused on training. Local-governments, on the other hand, may find it more useful to build the capacities of their existing non-majority community employees through specific mentoring and training programs, whereas ministries may wish to develop scholarship and internship schemes targeted to non-majority communities.

49 The Working Group includes Senior Adviser to the Prime Minister and the Director of the Office for Community, Srdjan Popović, and representatives of the following institutions:; the Office for Strategic Planning, OPM; the Government Secretariat for Coordination, OPM; the Director of Legal Office, OPM; the Consultative Committee for Communities; the Ministry of Public Administration; the Ministry of Labor and Social Welfare; the Ministry of Internal Affairs; the Ministry of Local Governance Administration; the Ministry of Justice; the Ministry for Communities and Return; the Ombudsperson; the Assembly of Kosovo; the Kosovo Police; Kosovo Customs; Kosovo Railways; the Kosovo Energy Corporation; the Post and Telecom of Kosovo; the Radio Television of Kosovo; the Kosovo Anti-Corruption Agency; the Agency of Statistics, and; the Association of Kosovo Municipalities. The Working group is chaired by the Deputy Prime Minister of Republic of Kosovo and Minister of Local Government Administration, Slobodan Petrovic. The Working Group observers include the U.S. Embassy, the British Embassy, the Swiss Embassy, the Norwegian Embassy, the German Embassy, UNDP, OSCE, the European Union Office in Kosovo/EU Special Representative, and ECMI.

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3. Reach-out to non-Majority Communities More systematically, such as by Creating a Roster of non-Majority Community applicants:

Institutions can be most successful in reaching out to non-majority communities, in attracting more non-majority community applications and boosting overall non-majority community representation, if their efforts are carried out more systematically. Firstly, it should be made mandatory for all institutions to implement Active Recruitment Measures 1, 2, and 4.

Secondly, creating an online platform where non-majority communities interested to work for public institutions can register their interest and develop a profile that contains their qualification and area of interest would help improve communication. Public institutions looking to increase the proportion of non-majority communities could consult this roster for potential candidates and send personal invitations to apply for specific openings. Email alerts of new job openings in the civil service could also be sent directly to non-majority communities that are registered on the online platform. Perhaps, in cooperation with the Office of the Prime Minister, the Ministry of Public Administration could take the lead in managing this project, in cooperation with the employment agencies, and create better communication between non-majority communities and government institutions.

Lastly, the legal obligation of all public institutions under Regulation 04/2010 to collect anonymous data about the ethnic origin of applicants should be enforced by the MPA. This information should be used to better evaluate progress in this regard. Institutions should also set and declare specific targets regarding the proportion and number of job applications they aim to receive from non-majority communities over a given period.

4. Create non-Majority Community-Targeted Internship Programs:

All institutions ought to be strongly encouraged to create an internship scheme that targets under-represented communities (ARM 6). This report strongly encourages for these internships to be remunerated, as a way of making them more attractive to non-majority communities and financially supporting the particularly marginalized communities. On the one hand, this would enable non-majority communities to enter the world of public institutions and gain some civil service experience. On the other, it would give the opportunity for public institutions to identify young talent from under-represented communities that could be employed in the future.

5. Create non-Majority Community-Targeted Training Programs:

All institutions should be strongly encouraged to create a training scheme targeting under-represented communities. Such a training scheme could target the particular needs of non-majorities and train them for jobs or professional fields where they are under-represented or for which they are under-skilled, and/or on learning and improving their knowledge of the official languages. Such a scheme should not discourage common training for all civil servants, regardless of ethnic or other background, but it ought to complement this training with that focused on the particular professional needs of non-majority communities.

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6. Create General non-discrimination Training Programs

The self-reported data collected for this assessment revealed perceptions that may limit further integration of non-majority communities in the Kosovo civil service. Such perceptions could be the result of a lack of experience in multi-ethnic work environments or a low level of awareness or sensitivity towards those of different, in this case ethnic, backgrounds. Although these programs should be particularly targeted to the majority Albanian community, they ought to also be extended to the non-majority communities as well, who themselves may have false perceptions about the majority community or the other non-majority communities.

7. specifically Target the Roma, ashkali, egyptian, and Gorani Communities:

The adverse employment situation of these communities requires specifically targeted measures. Firstly, municipalities that under-represent these communities should develop internship and scholarship schemes to help redress the fact that they are the least educated, least represented and occupy the lowest positions of all non-majority communities. This should be done in coordination with the Action Plan on the Strategy for the Integration of the Roma, Ashkali and Egyptian Communities in Kosovo.

8. focus attention on Institutions who are in direct Contact with Citizens (i.e. executive agencies)

Institutions that are particularly important in delivering public services and are in direct contact with citizens (i.e. executive agencies) should be especially encouraged to meet the 10% quota. The University of Prishtina/Priština, the UCCK, the Tax Administration, the Academy for Public Service, and the National Library all perform work of crucial national importance and are often in direct contact with citizens but count less than 5% of non-majority communities in their civil service staff (the University of Prishtina/Priština has 375 civil servants and none from the non-majority communities). The Kosovo Police is a good example of effective and active recruitment of non-majority communities, and other agencies should be encouraged to emulate this success.

9. Greater Central- and local-level Collaboration on employment:

The Ministry of Labor and Social Welfare should work more closely with under-performing local governments to develop joint-recruitment strategies, in cooperation with Regional Employment Centers.

10. distinguish “under-represented communities” from “non-majority communities”:

Officials in charge of employment in civil service could improve inclusion of non-majority communities by focusing on including under-represented communities rather than by meeting the 10% quota by employing any community in the non-majority. At the central level, the Turkish community is well represented (compared to their share in the population) while other communities in the non-majority are less represented. However, not enough attention has been paid to fulfilling the 10% quota by employing the most under-represented non-majority communities. One of the more effective ways to rectify this could be through an Administrative Order from the MPA to make the distinction more clear.

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11. Give more importance to gender-balance in hiring:

Institutions should give more specific consideration to gender-balance in the hiring of the Roma, Ashkali, and Egyptian communities. Gender-balance within these under-represented communities is most problematic and public institutions should bear this in mind in practicing ARMs.

12. devise punitive measures for institutions that perform poorly in non-majority community employment

The Ministry of Public Administration and other relevant institutions should regularly track the performance of central and local level institutions in terms of meeting legal obligations to hire non-mayority communities. Institutions that underperform for a considerable amount of time, three to five years for example (this should be specified by the implementing institutions), may more actively pursue non-majority communities if their procedures are continuously reviewed and if they are issued punitive sanctions.

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annex 1: lIsT of PublIC InsTITuTIons suRveyedCentral-level Institutions

Category name of Institution

Ministry Ministry of Public Administration

Ministry Ministry of Local Government Administration

Ministry Ministry of Environment and Spatial Planning

Ministry Ministry of Education, Science and Technology

Ministry Ministry of Agriculture, Forestry and Rural Development

Ministry Ministry of Diaspora

Ministry Ministry of Justice

Ministry Ministry of Finance

Ministry Ministry of Infrastructure

Ministry Ministry of European Integration

Ministry Ministry of Culture, Youth and Sports

Ministry Ministry of Labor and Social Welfare

Ministry Ministry of Internal Affairs

Ministry Ministry of Foreign Affairs

Ministry Ministry of Health

Ministry Ministry of Economic Development

Ministry Ministry of Kosovo Security Force

Ministry Ministry of Trade and Industry

Representative Institution Office of the Prime Minister

Representative Institution Office of the President of Kosovo

Representative Institution Assembly of Kosovo

Executive agency Kosovo Food and Veterinary Agency

Executive agency University of Prishtina/Priština

Executive agency Kosovo Police

Executive agency Kosovo Customs

Executive agency Kosovo Forestry Agency (Min. Agriculture)

Executive agency University of Prizren/Prizren (Min. Education)

Executive agency Kosovo Tax Administration (Min. Finance)

Executive agency Kosovo Police Inspectorate (Min. Interior)

Executive agency Pedagogic Institute of Kosovo (Min. Education)

Executive agency Kosovo Academy for Public Safety (Min. Interior)

Executive agency National and University Library (Min. Education)

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Executive agency Kosovo Agency for Medical Products (Min. Health)

Executive agency University Clinical Center of Kosovo (Min. Health)

Executive agency Mental Health (Min. Health)

Executive agency Telemedicine (Min. Health)

Executive agency Kosovo Statistical Agency (MAP)

Executive agency Central Procurement Agency (Min. Finance)

Executive agency Secretariat of the Kosovo Security Council (OPM)

Executive agency Department of Treasury (Min. Finance)

Executive agency Agency for Gender Equality (OPM)

Executive agency Kosovo Correctional Service (Min. Justice)

Executive agency Regional Hospital Prizren/Prizren (Min. Health)

Independent agency Privatization Agency of Kosovo

Independent agency Kosovo Property Agency

Independent agency Kosovo Anti-Corruption Agency

Independent agency Civil Aviation Regulatory Office

Independent agency Telecommunication Regulatory Authority

Independent agency Ombudsperson

Independent agency Central Bank of Kosovo

Independent agency Independent Media Commission

Independent agency Central Election Commission

Independent agency Public Procurement Regulatory Commission

Independent agency Kosovo Chamber of Commerce

Independent agency Office of Auditor General

Independent agency Energy Regulatory Office

Independent agency Kosovo Judicial Council

Independent agency Kosovo Prosecutorial Council (MoJ)

Independent agency Academy of Sciences and Arts

Independent agency Kosovo Judicial Institute

Independent agency Independent Agency for Mines and Minerals

Independent agency Railways Regulative Authority of Kosovo

Independent agency Agency for Free Legal Aid

Independent agency Kosovo Constitutional Court

Publicly owned enterprise Kosovo Energy Corporation

Publicly owned enterprise KOSTT

Publicly owned enterprise Post and Telecom of Kosovo

Publicly owned enterprise Train Kos

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local-level Institutions (Municipalities)

Municipality Municipality of Deçan/Dečani

Municipality Municipality of Dragash/Dragaš

Municipality Municipality of Drenas/Glogovac

Municipality Municipality of Ferizaj/Uroševac

Municipality Municipality of Fushë Kosovë/Kosovo Polje

Municipality Municipality of Gjakova/Đakovica

Municipality Municipality of Gjilan/Gnjilane

Municipality Municipality of Gračanica/Graçanicë

Municipality Municipality of Hani i Elezit/Elez Han

Municipality Municipality of Istog/Istok

Municipality Municipality of Junik/Junik

Municipality Municipality of Kaçanik/Kačanik

Municipality Municipality of Kamenicë/Kamenica

Municipality Municipality of Klinë/Klina

Municipality Municipality of Klokot-Vrbovac/Kllokot

Municipality Municipality of Malishevë/Mališevo

Municipality Municipality of Mamuşa/Mamusha

Municipality Municipality of Mitrovicë/Mitrovica

Municipality Municipality of Novoberdë/Novo Brdo

Municipality Municipality of Obiliq/Obilić

Municipality Municipality of Partesh/Parteš

Municipality Municipality of Pejë/Peć

Municipality Municipality of Podujevë/Podujevo

Municipality Municipality of Prishtina/ Priština

Municipality Municipality of Prizren/Prizren

Municipality Municipality of Rahovec/Orahovac

Municipality Municipality of Štrpce/Shtërpcë

Municipality Municipality of Suharekë/ Suva Reka

Municipality Municipality of Viti/Vitina

Municipality Municipality of Vushtrri/Vučitrn

Municipality Municipality of Lipjan/Lipljan

Municipality Municipality of Ranilug/Ranilluk

Municipality Municipality of Shtime/Štimlje

Municipality Municipality of Skënderaj/Srbica

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annex 2: Table of figures

Figure 1. Representation of Non-Majority Communities across Various Institutions ...............................20

Figure 2. Total percent of non-majority communities in public institutions ..............................................21

Figure 3. Percentage representation by ethnic group for all civil servants vs. data from MPA and 2011 census ......................................................................................................................................................22

Figure 4. Percent of non-majority communities’ representation in government institutions ...............23

Figure 5. Gap between 10% objective and actual non-majority representation .......................................24

Figure 6. Representation of Non-majority Communities vs. Share of Total Population ..........................24

Figure 7. Percent of non-majority communities’ representation in executive agencies .........................25

Figure 8. Gap between 10% objective and actual non-majority representation .......................................26

Figure 9. Representation of Non-majority Communities vs. Share of Total Population ..........................26

Figure 10. Percent of non-majority communities’ representation in independent agencies ................27

Figure 11. Representation of Non-majority Communities vs. Share of Total Population .......................27

Figure 12. Gap between 10% objective and actual non-majority representation ....................................28

Figure 13. Percent of non-majority communities’ representation in POEs ...................................................29

Figure 14. Non-majority Representation in POEs ..................................................................................................29

Figure 15. Representation of Non-majority Communities vs. Share of Total Population ........................30

Figure 16. Percent of non-majority communities’ representation in local government institutions ..30

Figure 17. Gap between legally-required level of representation and actual non-majority representation ....................................................................................................................................................................31

Figure 18. Representation of Non-majority Communities in Municipalities ...............................................32

Figure 19. Average level of implementation of active recruitment measure by all institutions ...........34

Figure 20. Number of active measures implemented by government institution ....................................35

Figure 21. Number of active measures implemented by executive agencies.............................................36

Figure 22. Number of Active Recruitment Measures in Independent Agencies ........................................36

Figure 23. Number of active measures implemented by PEOs ........................................................................37

Figure 24. Number of active measures implemented by municipalities ......................................................37

Figure 25. Female non-majority civil servants vs. total female civil servants per institution .................39

Figure 26. Percentage of female non-majority civil servants in executive agencies ................................40

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Figure 27. Percentage of female non-majority civil servants in independent agencies .........................41

Figure 28. Percentage of female non-majority employees in POEs vs. total female employees per institution .....................................................................................................................................................................42

Figure 29. Female non-majority civil servants vs. total female civil servants per institution .................44

Figure 30. Total percent of non-majority communities broken down by position/level .......................45

Figure 31. Distribution of non-majority communities along positions-levels in government institutions ..........................................................................................................................................................................46

Figure 32. Total percent of non-majority communities broken down by position/level .......................46

Figure 33. Distribution of non-majority communities along positions/levels in executive agencies 47

Figure 34. Total percent of non-majority communities in Independent Agencies broken down by position/level ....................................................................................................................................47

Figure 35. Distribution of non-majority communities along positions/levels in independent agencies .....................................................................................................................................................48

Figure 36. Total percent of non-majority communities in POEs broken down by position/level ........48

Figure 37. Distribution of non-majority communities along positions/levels in municipalities ..........49

Figure 38. Percent of non-majority and total civil servants by education level ..........................................50






Figure 44. Average number of weeks of training per non-majority employee by government institution ...................................................................................................................................................55

Figure 45. Average number of weeks of training per non-majority employees by executive agencies 56

Figure 46. Average number of weeks of training per non-majority employee by independent agency ........................................................................................................................................................57

Figure 47. Average number of weeks of training per non-majority employee by POE ......................... 57

Figure 48. Average number of weeks of training per non-majority employee by Municipality ..........58

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