UNMIK ON AIR

Property rights

By Gezim Kasapolli

SLUG: According to the latest report Kosovo’s Housing and Property Directorate or HPD, there have been approximately twenty-nine thousand property claims filed since 1999. HPD asserts that 20.000 of them will be resolved by the end of August. And for the 7th edition of the “Let’s Talk” program – these property rights issues were the focus of the discussion.

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According to the latest report by Kosovo’s Housing and Property Directorate or HPD - there have been approximately twenty-nine thousand property claims filed since 1999.

HPD asserts that 20.000 of them will be resolved by the end of August.

Are such claims realistic?

This and many other property rights issues were covered on the 7th edition of the “Let’s Talk” program.

Two audience members:

“I am Xhevdet Kalludra from Mitrovica where I was born and where I lived for 60 years until August 10th 1999 – the date I was expelled from my apartment together with my family. When and will I ever be able to return home?

Milorad Colic from Rahovec:

“I would like to ask the representative of HPD when are they planning to return the apartments that are currently occupied by people who are not the original inhabitants. Out of 155 apartments - none has been returned and I fear that because of the lack of freedom of movement these people will not be able to return even after they receive decisions by the HPD?”

Xhevdet Kalludra from Mitrovica and Milorad Colic from Rahovec are only two of thousands of Kosovans who are still patiently waiting for their claims to be resolved

David Chillaron is the regional coordinator for Mitrovica and Pristina with Housing and Property Claims Commission or HPCC.

He says that HPCC will answer the claims, but adds that the implementation of the claims and a true return of Kosovans to their homes does not depend entirely on the Housing and Property Claims Commission.

David Chillaron: “Take into consideration that those who do get a decision from HPCC and those who actually return to the property represent two different steps in the process. We expect to have issued all these decisions before December of next year. If people will be able to return to their properties is something that has to be answered by the community, by the society, by the people of Kosovo.”

The issue of property rights is a very complicated one. Many Kosovans point out that there are gaps in legal knowledge and misuses of legal ownership with many properties in Kosovo.

A system that would remedy disputes over lands and properties needs to be in place says Visar Morina, Advisor to the Minister of Environment and Spatial Planning. He asserts that such a system would be the basis for all relevant institutions.

Visar Morina: “The point is that we have reached an agreement for creating a compact legislation with European standards and here I would like to mention the international convention of human rights and its additional components. This is an obvious problem - a challenge for Kosovo’s institutions. We need legislation that would guarantee the property right that would determine a demarcation category for all types of property including private, state and publicly owned property.”

Zudije Sej – Shehu, Director of the Civil Rights Project considers the issue of property rights as very related to other standards and that a joint effort between of all relevant institutions is the only key to the solution.

Zudije: “Other problems that we are faced with are the freedom of movement, the ability of clients to access their private and public means, inherited problems and various transactions that were transferred for years - reforms of public real-estate registers in municipalities, for example. It is important for these cases to be a priority for the judges because this would enable minorities and people to have access and to solve their problems.”

Although responding to those claims is a priority for HPD, the process of enforcement is much more problematic. HPCC Regional director, Chillaron says that on many occasions – HPD has had to call in local police.

Chillaron: “Unfortunately we have to enforce decisions on A daily basis with the support of law enforcement and it has happened today, it happened yesterday and unfortunately it is going to happen tomorrow. And this is the main problem we are facing in Kosovo where property rights are not sufficiently respected and therefore we have to implement decisions by force.”

By the end of August many Kosovans will receive letters from HPD responding to their claims. But the question still remains - will those responses be sufficient for people to return home.

And that concludes this edition of UNMIK on air - thanks for listening and stay tuned.