UNMIK/FR/0054/01
FEATURE RELEASE - 6 July 2001

HPD/Trying to assist in housing disputes                        

By Dmitry Kaportsev

On June 13, the Housing and Property Directorate (HPD) executed its first two cases of evictions in Kosovo. Both were carried out in the Obiliq/Obilic Municipality, with the assistance of UNMIK Police and KFOR.  The operation went smoothly, without any resistance from the illegal occupants.  The apartments were allocated to families in humanitarian need of temporary accommodation.  A third eviction was executed on 30 June in downtown Pristina. 

Thus the HPD has begun to put into practice the policy that will eventually help Kosovars to resolve numerous disputes over residential property, disputes which cause a lot of tension and sometimes even lead to violence.  This policy is based on the premise that housing rights are human rights, and the regulation of the housing sector is a vital element in helping people of Kosovo on the road to democracy and peace.  In trying to reverse the destructive effect of the past conflict and the legacy of discrimination, it is crucial to regularize housing and property rights.

The HPD was specifically set up as an impartial and independent mechanism for resolving residential property claims using local and international legal expertise, preferably through mediation.  Unresolvable claims are referred to the Housing and Property Claims Commission (HPCC)-established simultaneously with the HPD--which acts as an independent quasi-judicial body and consists of international and local Commissioners.  HPCC decisions are final and not subject to review by any other judicial authority in Kosovo, including local courts.

HPD seeks to serve justice If one of the parties is not satisfied with a decision or if it could not participate in the proceedings, it can request the HPCC to reconsider its decision within 30 days of the ruling and/or on the presentation of fresh new evidence.  HPCC sessions are held every two months.
For example, at its most recent session in June, the HPCC reviewed 21 cases.  Of those, 14 were decided in favour of claimants whose apartments were illegally occupied. The Commission ordered these apartments vacated within 30 days of notification by the HPD.  One claim was referred to the local court since the matter fell outside HPCC's jurisdiction.  Five claims and two reconsideration requests were rejected, and one case was referred back to the HPD for additional investigation.

The HPD Regional Offices are currently operational Pristina, Gjilan/Gnjilane, Mitrovica and Pejë/Pec.  Full time claims intake facilities are also available in Gracanica and Shterpce, in addition to mobile teams that are operational throughout the province.  Up to date, over 3,200 claims have been filed in all the regions, and appointments were made with some 1,200 clients.

In his letter to Anna Kajumulo Tibaijuka, Executive Director of the UN Centre for Human Settlements (Habitat)--which is the governing body for both HPD and HPCC--SRSG Hans Haekkerup wrote: "…a timely completion of the HPD mandate as well as the successful implementation of the cadastre programme continue to be of utmost importance for the peace-building process in Kosovo. By addressing the effects of property-related discrimination against the Kosovo Albanian population in the preceding decade and by safeguarding impartial dispute settlement beneficial to all minorities in Kosovo, the HPD contributes greatly to post-conflict peace-building and to the re-introduction of the rule of law."
 
All claims carefully considered The resolution of property disputes is a comprehensive process. To submit a claim with the HPD, one has to schedule an appointment at the HPD regional office or mobile team for an interview.  This may also be done through an authorized representative.  An HPD Officer will interview the claimant, assist in completion of a form, or explain the claims processing procedure. If the claim is not within HPD's jurisdiction, the Registration Officer will advise of possible options.

Due to a suspension imposed on the transfer/sale of specific previously socially-owned apartments, potential buyers should exercise great care when planning to buy property.  Documents should be checked to ensure that the apartment is not affected by the suspension.  The sale of a previously socially-owned apartment conducted despite the suspension will be null and void.
As a means of checking ownership or occupancy rights, the HPD issues a Publication of Claims containing lists of properties which are subject to claims.  The Publication is being displayed at the HPD offices for viewing by the general public.

Note for editors
The full document may be consulted online in English at http://www.unmik.org/. Albanian and Serbian versions can be provided.

For a selection of photographs, please contact Mr Ky Chung at 038 504-604 ext. 5467