Property rights in Kosovo crucial to rule of law

PRISTINA, 13 February 2002 - A comprehensive review of property rights, issued today by the OSCE Mission in Kosovo, noted the progress made by the main institutions responsible for settling property claims. The report, presented by Ambassador Pascal Fieschi, Head of the OSCE Mission in Kosovo, laid out a number of recommendations to address the challenges and problems faced by authorities to ensure that no one is deprived of their property rights.

"The deprivation of a person's right to their property is a fundamental human rights violation," said Ambassador Fieschi. "The continued functioning of a structure to deal with property rights is therefore crucial in the respect for human rights and the rule of law, as well as ensuring the conditions for return," he added.

According to the recent report, the resolution of property ownership issues is fundamental to the return process. The denial of property rights impacts particularly on Kosovo's smaller communities as well as on efforts to create sustainable conditions for the return of internally displaced persons and refugees.

Substantial factors still obstruct with the full realization of property rights. Among these are:

• Lack of clarity and authoritative interpretation of the applicable law leads to the potential violation of property rights. Comprehensive legal reform is essential to ensure that the law is interpreted according to solid legal principles;
• Continued funding for the Housing and Property Directorate (HPD) and the Housing and Property Claims Commission (HPCC). The OSCE recommends that resources be allocated to ensure that these institutions are sustainable and can adequately fulfil their mandate;
• Slow decision making process in the HPCC on the resolution of claims and its impact on the return process - 46 years to complete at the current rate. The OSCE suggests that efforts should be made to improve the efficiency and the rate at which claims are settled and decisions carried out.
• Delegated authority to municipalities does not include the executive power to allocate property or conduct evictions. Administrative instructions should be issued to clarify HPD's jurisdiction and the responsibilities of municipal authorities in housing matters.
• Backlog of property disputes before the regular courts, resulting from both a confusion over jurisdiction between the HPPC and courts and from cases pending before 1999. The judiciary should acknowledge the role of HPD and HPCC in the legal system and guarantee due process to all property claims.
• Lack of equal access and treatment of Kosovo's smaller communities to the courts. The OSCE will continue to monitor the judicial system in order to guarantee their property rights and obligations.

Despite the progress achieved the mechanism is far from being fully functional. As a result, property rights are being violated without any effective remedy, leaving most residential property disputes unresolved.

The protection of property rights in Kosovo is a key area of concern in the OSCE's monitoring of human rights. The OSCE is already working closely with HPD on approaches and policies to further the implementation of property legislation.