Democracy begins here, SRSG urges newly elected municipal assembly members

The future of Kosovo lies in tolerance. The rule of the majority cannot mean disrespect for minorities, SRSG Bernard Kouchner enjoined Kosovo's 869 elected municipal assembly members at their swearing in ceremonies on Saturday.

Most ceremonies proceeded smoothly despite representatives’ concerns over which flag should fly in the background. Pristina deployed the national flags of Albania, Bosnia and Turkey alongside that of the UN. In Pejë/Pec, elected PDK members refused to be sworn in without a promise that the Albanian flag would be present alone. Other PDK members in Obiliq/Obilic and Vushtrri/Vucitrn left without taking the oath.

UNMIK’s Municipal Administrators simultaneously read out a message from the SRSG in each of the 27 municipalities where the recent local elections had been certified. In Pristina, he delivered it personally to the municipality’s newly elected members.

It was essential, Dr. Kouchner said that all Kosovo communities in each municipality are treated in a fair manner without discrimination, and that their interests are protected.

Fair representation of all communities meant that, in accordance with the Municipal Law, the SRSG would appoint members of all communities to the Assemblies in those municipalities where they lived in significant numbers.

He also asked representatives to support the work of Community Offices that would be set up to ensure that the public services they rendered to the majority would be rendered to all communities.

Underlining the serious responsibilities that go with the powers conferred by the representatives' oath of office, the head of UNMIK told them that the process required an open mind, respect for the views and legitimate interests of others. It embodied one of the essential elements of democracy: that of exercising the right to uphold differing views within the law.

On law and order, Kouchner reminded his listeners that this meant more than calling the police. It mean active cooperation with all the institutions of law and order. He called on representatives, who had been legally elected, to educate their people—to advocate to implement and to enforce legality themselves.

UNMIK support
Calling the Municipal Assemblies the first significant step towards genuine self-government, Dr. Kouchner reiterated his belief that the new “Municipal Assemblies should do as much as they can by themselves. Municipal governance is the level of government closest to the people. It is where democracy should begin-out in the community.”

Assembly representatives and UNMIK, particularly through the Municipal Administrators, had to be partners to ensure the most effective working of the Assemblies. As SRSG, he would only use his prerogative to intervene to ensure the full implementation of Security Council Resolution 1244 and the regulations issued here in Kosovo. But, were it necessary, he would do so, Dr. Kouchner added.

Recalling his own pre-election promise, offered as a pact, to work towards central elections if Kosovo passed the first test of democracy, the UNMIK Head said he would push to ensure those elections took place as soon as possible. Kosovo's tremendous success in passing that test would be the message he would carry to the Security Council next week.

Nevertheless he warned representatives to be careful. The violence, hatred and confrontation were not over. The cowardly assassination of four people (see box above) three days earlier meant that the enemies of peace and democracy, the militants of intolerance, had not given up. "Do not accept this image of Kosovo that is so detrimental to your future," he cautioned.

Murder most foul: an attack on all of Kosovo

The killings, last Thursday, of four Ashkali men returning to the homes they had fled during the war was a shocking crime that dealt a serious blow to Kosovo's fledging democracy, SRSG Bernard Kouchner warned in a statement.

"Whoever murdered these men, less than 48 hours after their return home, intended to destroy all the progress Kosovo has made in the past year, and particularly in the last few weeks… the damage which has been done to the seeds of democracy which took root last month may be immeasurable…it is an attack not only on the Ashkali community, but on all of Kosovo."

The slain men—three heads of families and a 16-year-old boy—were the advance party of a group of Ashkali and Kosovo Albanian families who were ready to return to the village of Dosevac/Dashevc from Fushë Kosovë/Kosovo Polje, where they have been living as displaced people for the past two years. UNHCR had helped the men to return to their village, where had been welcomed back by Albanians in the area. They slept in a tent because their houses had been destroyed and were set to begin rebuilding their homes with the help of UNHCR and a Scottish charity.

The killings came after one of the less violent periods seen in Kosovo-the time before and during the recent municipal elections. But between 30 October and 9 November there were at least 8 other murders. UNMIK Police and KFOR say that there are still too many people using weapons to settle grievances. KFOR and UNMIK Police are calling on everyone still in possession of weapons to turn them in. They have given assurances that such weapons will be accepted with no questions asked.

Dr. Kouchner also appeals to the people of Kosovo not to destroy all the progress Kosovo made in the past year and particularly in the past few weeks. Donors and investors, jubilant about the peaceful elections, may turn away from Kosovo if the violence continues.

Housing Directorate given teeth

Last week saw a major step towards solving one of Kosovo's most divisive issues: residential property claims.

Families who lost their occupancy rights under discriminatory policies applied after 1989, people illegally occupying flats owned by others and anyone involved in residential property disputes or looking to buy apartments may be affected.

The new regulation 2000/60 on residential property claims gives the Housing and Property Directorate (HPD) and Housing and Property Claims Commission (HPCC) the legal authority to start processing claims pertaining to the loss of rights to apartments and houses. Some 700 such claims have been filed in the Pristina region alone.

From now on, the Directorate will have the rules of procedure it needs—for example, to halt the numerous illegal occupations of residential property. The regulation temporarily bans sale of certain socially- owned apartments, including those purchased under discriminatory law by people who were not the occupancy right holders prior to 23 March 1989. It protects people who lost their jobs and hence their occupancy rights in the 1990s from having their flats sold by someone else. Sales made in breach of the regulation are null and void.

People can lodge claims, if due to discrimination during the 1990s, they lost their rights to apartments, if they could not have ownership registered in their own names, or if they were legal owners or the occupancy right holders prior to 24 March 1999 and since then have lost the possession. Anyone wishing to file a claim must do so by 1 December 2001.

Anyone directly affected by claims will have the opportunity to take part in legal proceedings, provided they give timely notification of their interest. People wishing to lodge claims or take part in proceedings need to contact the HPD.

Claimants who (for security or other reasons) do not wish to act on their own can give power of attorney to another party to act on their behalf. People who left apartments or homes in Kosovo and are not ready to return, can request the HPD to take the property under its own administration, where it will be used temporarily for humanitarian accommodation. Owners can then be sure that their property is not illegally occupied, meanwhile.

Given the uncertainty surrounding ownership, the HPD warns buyers to be careful when purchasing real estate. The Directorate will issue a Property Gazette indicating which properties are subject to claims. In the meantime, potential buyers should check all documents to ensure that the apartment is not affected by the sales ban and be aware that the sale of a previously socially-owned apartment conducted in violation of the ban may be found null and void. People who act rashly may find themselves without the money and out of a apartment, HPD warns.

The HPD has an office in Pristina, which also operates mobile teams in Kosovo Polje and Gracanica. An office in Gjilan/Gnjilane opens next week, followed by the Mitrovica, Pejë/Pec and Prizren regions. The Mitrovica office will also operate mobile teams.

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