Freedom in the World 2024 - Kosovo

PARTLY FREE
60
/ 100
Political Rights 28 / 40
Civil Liberties 32 / 60
LAST YEAR'S SCORE & STATUS
60 / 100 Partly Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

Kosovo holds credible and relatively well-administered elections. Many public institutions are undermined by entrenched corruption, though there are signs that a new generation of politicians are moving to confront corrupt practices through judicial and administrative reforms. Journalists continue to face intimidation, particularly on social media. The rule of law is inhibited by interference and dysfunction in the judiciary.

Key Developments in 2023

  • In February, Pristina and Belgrade agreed to the European Union (EU)–backed Agreement on the Path to Normalization of Relations between Kosovo and Serbia, followed by the Implementation Annex, which was agreed to in North Macedonia in March. Despite these agreements, tensions between the two governments remained high throughout the year.
  • Mayoral elections were held in four ethnic Serb–majority municipalities in northern Kosovo in April. A majority of Kosovo Serbs boycotted the elections, which recorded just 3.47 percent voter turnout, resulting in the election of ethnic Albanians in all four municipalities.
  • The April elections in northern Kosovo sparked large protests, including some that featured violent clashes between protesters and security forces, who had been tasked with installing the newly elected officials and guarding municipal buildings. In May, clashes between protesters and members of the Kosovo Force (KFOR)—a North Atlantic Treaty Organization (NATO)–led peacekeeping force—resulted in more than 30 soldiers and over 50 protesters being injured.
  • In September, members of the Kosovo Police were attacked by ethnic Serb militants in Banjska in northern Kosovo; one police officer and three attackers were killed. Prime Minister Albin Kurti later accused the Serbian government of sponsoring the Banjska attack, a claim that the Serbian government denied.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4

Kosovo is a parliamentary republic, with the prime minister indirectly elected for a four-year term by a simple majority (61 votes) of the 120-member Assembly.

Following snap elections in February 2021, the Vetëvendosje party won a landslide victory with just over 50 percent of the vote.

The president is elected by the Assembly for a five-year term by a two-thirds majority, or simple majority if after two rounds no candidate has received a two-thirds majority. In April 2021, the Assembly elected Vjosa Osmani with a majority of 71 votes in the third round.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 3 / 4

The unicameral Assembly contains 120 seats and members are elected to four-year terms; 100 are directly elected by proportional representation, while 10 seats are reserved for ethnic Serbs and another 10 are reserved for members of other ethnic communities.

In the 2021 parliamentary elections, Vetëvendosje won 58 seats, the Democratic League of Kosovo (LDK) won 15 seats, the Democratic Party of Kosovo (PDK) won 19 seats, and the Alliance for the Future of Kosovo (AAK) took 8 seats. The Serb List won 10 seats; other minority parties filled the remaining 10 seats.

In November 2022, numerous ethnic Serb politicians, judges, and police resigned in protest against plans to enforce a government order requiring the reregistration of vehicles whose license plates had been issued by Serb authorities. In April 2023, mayoral elections were held to fill the vacancies left by the mass resignation in four ethnic Serb–majority municipalities in northern Kosovo. A majority of Kosovo Serbs boycotted the April elections, which saw just 3.47 percent voter turnout, resulting in non–ethnic Serb candidates winning those seats. The ethnic Serb population protested the election outcome, contesting its legitimacy. In June, following significant social unrest and violent protests, Prime Minister Kurti agreed to hold new mayoral elections in the four affected municipalities. Those elections had not been held as of year-end 2023.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4

The Central Election Commission (CEC) is generally transparent and fair, winning praise from EU and other observers for its oversight of the 2021 local and national elections. However, Kosovo has faced long-standing criticism for failing to address inconsistencies and unclear provisions in the electoral code, including those for scheduling snap elections and challenging election results, as well as for declarations of campaign spending.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4

While parties can operate freely for the most part, intimidation and harassment of party representatives continues to be reported. The Serb List party has been accused of harassing rival parties and creating an environment where voters fear repercussions for supporting alternative groups.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 4 / 4

Opposition parties have a reasonable chance of gaining power through elections. In the 2021 snap elections, Vetëvendosje won more than 50 percent of parliamentary seats and was able to form a government without relying on the support of the country’s old political guard. The current opposition parties—the LDK and PDK—have recently changed their leadership and brought in new members.

Candidates competing in Serb areas from parties other than the Serb List encounter intimidation and interference during election campaigns. All 10 parliamentary seats reserved for ethnic Serbs are filled by Serb List representatives.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 3 / 4

Corruption and clientelism continue to impact voters’ choices during elections, as does pressure from powerful business interests. Serbian authorities continue to exert influence on the platform of the Serb List, as well as the political choices of Kosovo’s ethnic Serbs generally.

Some political figures in Kosovo have links to organized crime and high-level corruption. However, the 2021 election ushered in a major shift in Kosovo’s political landscape, relegating to the opposition a number of key figures who were implicated in illicit activities.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 3 / 4

Members of ethnic, racial, and other groups are generally able to participate meaningfully in politics, though LGBT+ people remain notably marginalized. Twenty parliamentary seats are guaranteed for ethnic Serbs and other minority groups, and the current government includes ethnic Serb and other minority representatives. Six of 18 cabinet members are women.

Gender quotas are enshrined in the constitution. However, women have historically been underrepresented in politics. Though parties are legally required to achieve gender parity in their candidate lists, they often fail to do so.

In June 2023, the seventh annual Pride Parade was held in Pristina without incident, and politicians from various parties were seen joining the crowd, including Prime Minister Kurti.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4

Kosovo’s political system has historically been characterized by dysfunction and instability. However, despite some struggles, Prime Minister Kurti and his government have worked to implement a reform-oriented platform.

The April 2023 local elections in the north were largely boycotted by Kosovo Serb voters, resulting in the election of ethnic Albanian candidates in all four ethnic Serb–majority municipalities. The election saw voter turnout of just 3.47 percent, according to the CEC, and triggered social unrest and violent protests by ethnic Serbs, who disputed the legitimacy of the polls. After the newly elected officials were inaugurated, protesters attempted to prevent them from entering municipal buildings, leading to violent clashes between protesters and security officers. Both US and EU officials called on the Kurti government to deescalate the situation, and in June, the government agreed to move toward holding snap local elections in order to offer Kosovo Serb voters an opportunity to vote.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 1 / 4

The impact of long-term corruption is still evident in public institutions, despite the government’s efforts to tackle it. Since independence, authorities have shown little commitment to prosecuting high-level corruption, and when top officials are prosecuted, convictions are rare.

The mandates of Kosovo’s main anticorruption bodies overlap, and they have difficulty coordinating their efforts. However, significant anticorruption legislation passed in 2022 transformed the existing Anti-Corruption Agency into the Agency for the Prevention of Corruption, which has broadened powers and enhanced corruption prevention mechanisms. An EU report released in November 2023 acknowledged improved performance by the body, but also noted that the agency had not yet implemented all corruption prevention tools available.

The Kurti government has pursued reforms aimed at combating corruption and organized crime. Among other efforts, the administration produced a draft law on confiscation of assets gained through corruption, and advanced reforms to judicial vetting processes. In February 2023, the assembly passed legislation that would establish a bureau for the verification and confiscation of unjustified assets. Civil society groups have expressed concern that the law lacks mechanisms that would ensure the body’s complete independence, making it vulnerable to politicization. The legislation remained before the Constitutional Court as of year’s end.

C3 0-4 pts
Does the government operate with openness and transparency? 2 / 4

The Kurti government has made a number of key decisions—including related to the Kosovo-Serbia dialogue process—with limited transparency and without consulting the Assembly, prompting criticism from the opposition and civil society groups.

Government institutions frequently deny legal requests for public information with little or no justification. Courts have been slow to respond to complaints from those denied information due to persistent backlogs in the judicial system.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 2 / 4

The constitution guarantees press freedom, and a variety of media outlets operate in Kosovo. Journalists report harassment and intimidation, particularly on social media, and frequently engage in self-censorship.

In June 2023, the government suspended the business certificate of private media outlet Klan Kosova—the country’s largest private television channel—due to alleged irregularities in the registration of its business license. The suspension was stayed by the Commercial Court in August. Journalists and civil society organizations called the government’s actions politically motivated and condemned the suspension of the outlet’s license as an attack on freedom of speech and the media.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 2 / 4

The constitution guarantees religious freedom. However, the Law on Freedom of Religion prevents some religious communities from registering as legal entities, a designation that would allow them to more easily buy and rent property, access burial sites, establish bank accounts, and carry out other administrative activities. Although tensions between Muslims and Orthodox Christians have occasionally flared up in the past, interreligious relations are generally peaceful. In January 2023, the government approved draft legislation amending the law on religious freedom, with the aim of deepening interreligious tolerance.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4

Kosovo’s higher education system is subject to political interference. However, there is relative freedom in academic circles to freely express opinions and be critical of the government.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 3 / 4

Individuals are largely free to express their political views without fear of retribution. In recent years, discussion of politically sensitive topics such as ethnic relations and LGBT+ matters has become more common.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 3 / 4

Freedom of assembly is generally respected, though demonstrations are occasionally restricted for security reasons.

Following the April 2023 local elections, hundreds of ethnic Serbs in Kosovo’s north protested against ethnic Albanian mayors taking office. The demonstrations featured clashes between protesters, who threw rocks, and police, who deployed tear gas, pepper spray, and water cannons in return. The violence escalated in May, when protesters clashed with police and NATO’s KFOR peacekeeping troops, injuring over 30 KFOR soldiers; more than 50 Serbs were also reportedly injured. Protests continued into June.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 3 / 4

Under the law on freedom of association, nongovernmental organizations (NGOs) function freely, though the courts can ban groups that infringe on the constitutional order or encourage ethnic hatred. NGOs occasionally experience pressure to curtail criticism of the government, though many continue to criticize the authorities and have largely been able to engage in advocacy work without interference.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 2 / 4

The constitution protects the right to establish and join trade unions, but employers frequently fail to respect collective bargaining rights. Employers are known to employ severe intimidation efforts to prevent private-sector workers from organizing, and few private sector unions exist in Kosovo.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 1 / 4

Political interference in the judiciary remains a problem, and widespread judicial corruption negatively impacts the branch’s independence. Resource constraints and a lack of qualified judges also hinder the performance of the judiciary. During 2022, the Ministry of Justice prepared documentation to initiate vetting in the judiciary; that December, the Assembly agreed to form an ad hoc committee tasked with administering the vetting process. Constitutional amendments providing for the vetting of senior-level officials in the judiciary were finalized by the committee in March 2023 and sent to the Constitutional Court. In December, the court released its findings, ruling that the proposed amendments were constitutional with the exception of one provision. That provision, which would have allowed judges and prosecutors to be removed on the basis of “vulnerable integrity,” was rejected by the court for being unclear and imprecise.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 1 / 4

Prosecutors and courts remain susceptible to political interference and corruption by powerful political and business elites, undermining due process.

Although the law states that defendants should not be detained before trial unless they are likely to flee or tamper with evidence, judges often order suspects to be detained without cause. Lengthy pretrial detentions are common due to judicial inefficiency and resource constraints.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4

Although the EU brokered an agreement in 2015 between Kosovo and Serbia to disband the Serb Civilna Zastita (Civil Protection) security force in the north of Kosovo, there have been reports that the force has continued to operate illegally. In June 2023, the government declared the Civil Protection and the North Brigade, both operating in the north, as terrorist organizations.

In September, members of the Kosovo Police were assaulted by Serb militants in the village of Banjska in the north, resulting in the death of one police officer and three attackers. While investigating the incident, Kosovan authorities reported that they had found and confiscated weapons stockpiles; Prime Minister Kurti later accused the Serbian government of backing terrorist attacks in Kosovo, including the September Banjska attack. The Serbian government has denied having any part in the attack. Milan Radojičić, then vice president of the Serb List and a close ally of Serbian president Aleksandar Vučić, later claimed responsibility for the Banjska attack. In October, Serbian authorities briefly detained Radojičić in Belgrade for his involvement in the attack.

Large protests following the April local elections in northern Kosovo featured violent clashes between ethnic Serb protesters and security forces. In May, violent clashes between protesters and security forces guarding municipal buildings resulted in over 30 KFOR soldiers and more than 50 protesters being injured. In reponse, NATO officials announced that they would be sending an additional 700 peacekeeping troops to help quell the unrest.

Prison conditions have improved in recent years, but violence and poor medical care remain problems. The police sometimes abuse detainees in custody.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 2 / 4

Kosovo’s Roma, Ashkali, and Gorani populations continue to face discrimination in education, employment, and access to social services.

LGBT+ people face social pressure to hide their sexual orientation or gender identity and transgender individuals face obstacles in making legal changes to their identification cards. The Civil Code of Kosovo excludes same-sex partnerships from explicit legal recognition.

Women experience discrimination in employment, particularly in regard to hiring for high-level positions in government and the private sector. The Law on Gender Equality seeks to ensure that the governing boards of private companies have gender parity, but this has not been widely implemented.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 3 / 4

Freedom of movement and residence is somewhat restricted in Kosovo, especially for those living in ethnic Serb areas. In August 2022, the governments of Kosovo and Serbia reached an agreement on travel identification that made cross-border movement easier. Tensions rose over Kosovo authorities’ plan to issue fines for those with Serb-issued license plates, but a deal that deescalated the situation was reached that November. During 2023, social unrest in the north resulted in protesters constructing sporadic barricades on main roads, often hindering free movement.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 1 / 4

The legal framework on property rights is poorly outlined, and those rights are inadequately enforced in practice. While the law states that inheritance must be split equally between male and female heirs, patriarchal attitudes lead to pressure on women to relinquish their rights to male family members. A number of policies incentivize co-ownership, where couples who wish to register their properties jointly have their municipal taxes and fees waived. However, this has not significantly increased the percentage of properties owned by women. Property reclamation by displaced persons is hindered by threats of violence and local resistance to accepting returnees.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 2 / 4

Domestic violence remains a problem. When criminal cases are referred, prosecutions and convictions are rare. Rape is illegal, but spousal rape is not addressed by the law. Courts often give convicted rapists sentences that are lighter than the prescribed minimum. An August 2023 Amnesty International report criticized authorities’ approach to combating domestic violence, saying that they too narrowly focus on criminal prosecutions while failing to provide adequate protection for victims.

Same-sex marriage is not legally recognized in Kosovo, though LGBT+ activists say that provisions in the constitution implicitly permit same-sex marriages.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4

Kosovo is a source, transit point, and destination for human trafficking. Children are at particular risk of exploitation by traffickers, who can force them to beg or engage in sex work. Labor laws intended to protect employees’ rights exist, but are frequently violated in practice. EU–commissioned reports have estimated that around 30 percent of Kosovo’s economy is informal, which increases the risk of employee exploitation.