1.Background
The ongoing political conflict in Kosovo has caused a profound crisis within the housing sector. In addition to the physical destruction of homes and the unlawful occupation of abandoned houses and apartments, housing rights violations that took place throughout the nineties continue to create uncertainty about ownership rights.
In 1990, the authorities restricted self-management rights in Kosovo and adopted so-called 'provisional measures'. This led to a general strike, which in turn led to the dismissal of many Kosovo Albanians. Some of them lost their apartments that had been allocated to them by their employers. Many of these apartments were reallocated to other employees and were subsequently privatized.
In 1991, the Serbian Parliament legislated to restrict the sale of property between ethnic groups in order to stem the migration of Serbian population away from Kosovo. However, sales continued to take place through informal or unregistered contracts. Such contracts were not notarized by a court official, as required by the Yugoslav law, and therefore could not be registered in the cadastre records. Those transactions still have not been registered.
The recent conflict caused a set of different problems, often involving forced evictions and illegal occupations. One hundred thousand housing units are estimated to have been destroyed during the conflict, representing almost half of the housing stock. UNHCR has registered 199,543 IDPs in Serbia proper and an additional 32,241 in Montenegro. As the elections registration campaign revealed, many of 45,000 Serbs remaining in Kosovo have been internally displaced into Serb-controlled areas. Among the other minority communities in Kosovo (Bosniaks, Roma, Turks, Goranis), which totalled approximately 120,000 individuals before the conflict, the estimates are that as many as 40,000 may have left Kosovo as refugees and IDPs. Of the Kosovo Albanian community, up to 100,000 individuals who have left Kosovo over the past ten years may have attempted to return.
In Kosovo, the number of individuals housed in internationally managed community shelters or live with their relatives and friends is limited, with most of the displaced population illegally occupying abandoned property. A proportion of these persons have already benefited from the reconstruction program, but they show no willingness to move out of the houses and apartments they are occupying.
2. Mandate and responsibilities
The Housing and Property Directorate (HPD) and Housing and Property Claims Commission, (HPCC), were established by UNMIK Regulation 1999/23 on 15 November 1999. The Directorate and Commission were accepted as an interim measure and charged with responsibility to restore property rights, resolve long-standing claims and endorse the rule of law in Kosovo. Both institutions have broadly defined functions, which will progressively be handed over to local authorities, as their capacity develops.
Managed by the UN-HABITAT
under the auspices of the United Nations Interim Administration Mission in
Kosovo, the HPD/HPCC became a part of a larger strategy designed to restore
housing and property rights in Kosovo.
Three categories of claims
The HPD/HPCC is an internationally
supervised body, with exclusive jurisdiction to receive and settle three specific
categories of claims involving residential property disputes in Kosovo. These
are:
(a) claims by individuals who lost property as a result of discriminatory
laws after 23 March 1989 ("Category A");
(b) claims by individuals who entered into informal transactions on the basis
of free will of the parties between 23 March, 1989 and 10 October, 1999 ("Category
B");
(c) claims by refugees and displaced persons who have lost possession of their
property after 24 March, 1999 as a result of the recent conflict ("Category
C").
The HPD has four permanent
offices inside Kosovo in Gnjilane, Pec, Mitrovica and Pristina and a Headquarters.
It is staffed with 20 internationals and 150 local staff.
This report covers the period July through September 2002.
3. Operational tasks
3.1 Overview
During the reporting period the claim intake has been low; approx. 3,100 claims collected, making a total of 20,900 claims, of which 13,500 are collected outside Kosovo.
A total of 750 claims have been notified during the reporting period, making a total of 4,455 notifications completed.
The number of cases verified increased significantly during the reporting period with targets set by HQ. More then 100 cases are now routinely verified per week per office. A total of 4,005 claims have been verified during the reporting period, making a total of 5,996 verified claims.
More then 190 claims were resolved during the reporting period; all of them as a result of adjudication by the HPCC.
The HPD has during the reporting period placed 180 residential properties under its administration, making a total of 1,785 properties. Some 130 permits for temporary housing were issued, reaching a total of 650 permits.
More then 215 evictions were executed during the reporting period, making a total of 440 evictions. It seems to be a trend for the evictees to return to the properties; break the seals and either re-occupy or loot the properties. During the reporting period one flat was set on fire. The HPD routinely report these cases to the police.
3.1.1 Belgrade Regional Office
The Office covers the northern part of Serbia and neighboring countries like Bosnia and Herzegovina and Croatia. In addition to executing the HPD mandate, the office also function as the main liaison office to both international and national governmental institutions, such as the Governments of Federal Republic of Yugoslavia, the Republic of Serbia and the diplomatic stations located in Belgrade. The office is coordinating the media campaign in Serbia proper alerting the public of the closing date for claims.
During the reporting period the claim intake has been low; 790 claims collected making a total of 4,100 claims collected since the opening of the office. Mobile teams have been deployed throughout the AoR and sub-offices were established in Smederanska Palanka, Velika Plana, Smedrevo and Pozarevac. The two latter offices are still operating.
The office started to verify claims during the reporting period, reaching a total of 70 claims verified by the end of the period. Since HPD has no official authority in FRY outside Kosovo, it has proven time-consuming to access the files. The office is working with the central authorities to facilitate such access.
3.1.2 Gnjilane Regional Office
The Office covers the eastern part of Kosovo, southern part of Serbia proper and neighboring countries like Macedonia. The office functions as a liaison office to the Government of Macedonia.
During the reporting period the claim intake has been low; 30 claims collected making a total of 1,130 claims collected since the opening of the office, of which 380 are collected in Serbia proper and the balance in Kosovo. Mobile teams have covered all relevant municipalities both in Kosovo and Serbia proper. However, claim intake is still to be launched in Macedonia.
The office notified 202 claims during the reporting period, making a total of 462 claims notified.
The office verified 900 claims during the reporting period, making a total of 1,285 claims verified.
The office placed 13 residential properties under HPD-administration during the reporting period, making a total of 500 properties. Approx. 15 permits for temporary housing were issued, reaching a total of approx. 80 permits.
The office executed 29 evictions during the reporting period, bringing the total to 99 evictions.
3.1.3 Mitrovica Regional Office
The Office covers the northern part of Kosovo and the central part of Serbia proper. A field office is established in Kraljevo with a field team deployed in Kragujevac.
During the reporting period the claim intake has been low; 700 claims collected making a total of 7,400 claims collected since the opening of the office, of which 4,700 are collected in Serbia proper and the balance in Kosovo. Mobile teams have covered all relevant municipalities both in Kosovo and Serbia proper.
The office notified 64 claims during the reporting period, making a total of 185 claims notified.
The office verified 1,050 claims during the reporting period, making a total of 1,206 claims verified.
The office placed 70 residential properties under HPD-administration during the reporting period, making a total of 520 properties. Approx. 50 permits for temporary housing were issued, reaching a total of approx. 245 permits.
The office executed 34 evictions during the reporting period, bringing the total to 89 evictions.
3.1.4 Pec Regional Office
The Office covers the western part of Kosovo (Pec and Prizren regions) and Montenegro. A field office is established in Podgorica (Montenegro) with field teams deployed in Berane and Sutemore (both Montenegro). The Podgorica office also functions as a liaison office to the Government of Montenegro, in addition to coordinate the media campaign in Montenegro.
During the reporting period the claim intake has been satisfactory; 1,050 claims collected making a total of 1,800 claims collected since the opening of the office, of which 1,500 are collected in Montenegro and the balance in Kosovo. Mobile teams have been deployed throughout the AoR.
The office notified 69 claims during the reporting period, making a total of 94 claims notified.
The office verified 1,050 claims during the reporting period, making a total of 1,607 claims verified.
The office placed four residential properties under HPD-administration during the reporting period, making a total of approx. 260 properties. Approx. 20 permits for temporary housing were issued, reaching a total of approx. 100 permits.
The office executed 17 evictions during the reporting period, bringing the total to 27 evictions.
3.1.5 Pristina Regional Office
The Office covers the central part of Kosovo and eastern part of Serbia proper. A field office is established in Nis.
During the reporting period the claim intake has been low; 520 claims collected making a total of 6,600 claims collected since the opening of the office, of which 3,000 are collected in Serbia proper and the balance in Kosovo. Mobile teams have covered all relevant municipalities both in Kosovo and Serbia proper.
The office notified 415 claims during the reporting period, making a total of 3,714 claims notified.
The office verified 935 claims during the reporting period, making a total of 1,828 claims verified.
The office placed 93 residential properties under HPD-administration during the reporting period, making a total of 480 properties. Approx. 50 permits for temporary housing were issued, reaching a total of approx. 220 permits.
The office executed 133 evictions during the reporting period, bringing the total to 224 evictions.
3.2 Case processing
In the third quarter of 2002, the HPD revamped its method of case processing, with the objective of radically accelerating the procedure in order to expedite resolution of all claims. Nine national lawyers produced a record number of cases for the September-session of the Commission, which resolved 162 new cases and 26 reconsiderations, setting several precedents. The Commission’s satisfaction with the quality (in addition to the quantity) of the legal work produced by the national staff confirmed the strategy of reducing the international scrutiny of the national staff, in order to allow for more volume.
The arrival of several international lawyers in September increased the overall capacity to manage the total workload. Meanwhile, the legal unit set out to quadruple its national staff by the beginning of 2003 in order to increase capacity further. Going forward, certain small teams, under international supervision, will handle the difficult legal research with a goal of creating precedents. The bulk of the legal staff will then treat claims which fall under those precedents in batches, in order to convert what was once a slow case-by-case adjudicatory process into a speedy mass-claims process.
By end of September, still only operating with a core national legal staff, the legal unit was concluding as many cases per week as it previous produce per three months. As the unit grows in size, these figures show that, funding permitting, all targets and speed goals set for next year should be accomplished.
4. Public Relations
The HPD continued its TV-spot on Radio-Television Kosovo (RTK), through the members of the European Broadcasting Union (EBU) and launched its media campaign in Montenegro. Continues media coverage was obtained both in written and electronic media throughout Kosovo, Montenegro and Serbia proper. One 30 minute program on HPD was broadcasted on Radio-Television Serbia (RTS) and another 30 minutes program was broadcasted by BBC World. The HPD facilitated the production of this latter program.
Financial resources have been committed for campaigns in Kosovo, Montenegro and Serbia proper to inform the public of the upcoming deadline for claims. The campaign will be launched in October in Montenegro and Serbia proper and November in Kosovo.
5. Conclusion
The HPD continues to experience a serious lack of funding and consequently lack of staff. The institution has the technical knowledge and infrastructure in place to complete its mandate within a reasonable timeframe. However, severe financial constrains forces the HPD to continue to run with only a skeletal staff, hence it is low on output.
Increased funding will enable the HPD to develop the claim processing system into a mass claim system, which include a fully developed IT-system. Furthermore, UNMIK Regulation 1999/23 allows the HPD to administer a rental scheme for abandoned residential properties. This scheme is partially developed, however still not implemented due to lack of resources.
Periodic
Reports