1.Introduction
The fundamental human right to property and accommodation is a prerequisite for the sustainable return of refugees and the internally displaced in post-conflict situations. Such returns are central to the mandate of the United Nations Interim Administration Mission in Kosovo (UNMIK).
The Housing and Property
Directorate (HPD) and the Housing and Property Claims Commission (HPCC) are
mandated by UNMIK Regulations 1999/23 and 2000/60 to provide quasi-judicial
resolution and regularisation of the Kosovo residential property market. Three
categories of claims are considered covering the period March 23, 1989 - October
13, 1999, which deal with property loss through discrimination; property sales
through 'informal' transactions, and loss of possession through illegal occupation
of homes of displaced families after the March 1999-conflict. The resolution
of the majority of disputes is undertaken through the issuance of final and
binding decisions by a panel of Commissioners, both internationals and locals.
In addition, the HPD has the mandate to administer abandoned residential properties.
2.Main activities
HPD/HPCC's jurisdiction overrides that of the Kosovo judiciary in the following three categories of cases involving residential property:
" Claims by individuals
who lost property as a result of discriminatory laws after 23 March 1989.
" Claims by individuals who entered into informal transactions on the
basis of free will of the parties between 23 March 1989 and 13 October 1999.
" Claims by owners, possessors and property right holders who, as a result
of the conflict, lost possession of their properties after 24 March 1999.
The initial stage of collecting
claims is largely completed (legislated deadline for receiving claims is 1
June 2003). HPD/HPCC's current focus is on processing these claims. This includes
notifying the current occupants, verifying the documents provided by the interested
parties, preparing the cases for adjudication, and finally implementing the
decision after the case is adjudicated by HPCC, which may involve settlement
or eviction. Other important functions of HPD include the inventorisation
and administration of abandoned properties, and the provision of alternative
accommodation to those evictees in need of housing, on humanitarian grounds.
3. Achievements
Since its inception, HPD/HPCC has:
" Set up a legal
framework and rules of procedure for regularisation of residential property
rights,
" Received 23,137 claims (the total number of claims is not likely to
exceed 30,000)
" Resolved 1828 claims
" Placed 1982 properties under administration
" Allocated 738 properties on humanitarian grounds
" Evicted illegal occupants from 681 properties.
4. Extension of the Claims Deadline
The extension of the current deadline by six months from 1 December 2002 to 1 June 2003 has just been announced. Based in the current levels of claim collection it is not expected that this figure will exceed 30,000, a more realistic figure is likely to be nearer 27,000. Claim collection will continue alongside claim implementation in 2003.
Regional activities
Belgrade Regional Office
The Office covers the northern part of Serbia proper. In addition to executing the HPD mandate, the office also function as the main liaison office the Governments of Federal Republic of Yugoslavia, the Republic of Serbia and the diplomatic stations located in Belgrade.
HPD Belgrade ended the
year with a number of structural changes. After 4 November 2002 UNMIK took
over the responsibility of HPD Kosovo. While pending its own MOU UN-Habitat
offered its good offices to maintain operation across the Federal Republic
of Yugoslavia. Offices in Kraljevo and Nis were closed. Mobile teams will
now cover Serbia proper from Belgrade until the end of claims deadline.
During the reporting period Belgrade Office collected 5214 claims, in Belgrade
itself and across the region where offices opened and closed, such as Novi
Sad and Smederevo. Altogether across Serbia proper, HPD has collected 13710
claims.
Verification of legal
documents to support claims processing back in Kosovo started and by the end
of 2002 over 600 requests were forwarded to Belgrade. The office has been
working with the central authorities to facilitate access to the first-hand
information and by the end of the year agreements have been reached with the
Ministry of Finance, the Ministry of Interior, the Commissariat for Refugees
and the Ministry of Justice. This last Ministry appointed a contact point
in charge of HPD on behalf of the courts of Serbia. Many documents are allocated
in courts across the country.
Gnjilane Regional Office
The Office covers the eastern part of Kosovo, Prizren region, southern part of Serbia proper and neighbouring countries like FYROM.
During the reporting period the claim intake has been low; 55 claims collected making a total of 1,185 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 FYROM. Staff has been recruited and an accessible office premise has also been identified. It is expected that operations will begin in FYROM in early 2003.
During this period, the region has prioritised its operations in accordance to new initiatives to process mass claims by decentralisation. Four new staff have been recruited to directly process claims in the regions. In the later period of this quarter, all operations have been focused on all out notifications and reply interviews to ensure to prepare towards mass claims processing in the next quarter.
The office notified 496 claims during the reporting period, making a total of 958 claims notified.
The office verified 773 claims during the reporting period, making a total
of 2058 claims verified.
The office placed 53 residential properties under HPD-administration during the reporting period, making a total of 553 properties. Fifteen permits for temporary housing were issued, reaching a total of approx. 80 permits.
The office executed 18
evictions during the reporting period, bringing the total to 117 evictions.
Mitrovica Regional Office
The Office covers the northern part of Kosovo and till 1st December was covering the central part of Serbia proper with a field office established in Kraljevo and a field team deployed in Kragujevac.
During the reporting period the claim intake has been slightly higher than the previous period; 920 claims collected making a total of 8320 claims collected since the opening of the office, of which 5120 are collected in Serbia proper and the balance in Kosovo. Mobile teams have covered all relevant municipalities both in Kosovo region and in the central part of Serbia proper.
The office notified 200 claims during the reporting period, making a total of 385 claims notified.
The office verified 900 claims during the reporting period, making a total of 2100 claims verified.
The office placed 35 residential properties under HPD administration during the reporting period, making a total of 520 properties. Approximately 25 permits for temporary housing were issued, reaching a total of approximately 266 permits.
The office executed 14
evictions during the reporting period, bringing the total to 101 evictions.
Pec Regional Office
The Office covers the western part of Kosovo. Until mid November it covered Prizren, which is now covered by Regional Office of Gnjilane.
During the reporting period the claim intake has been low; 42 claims collected making a total of 1,842 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 sent throughout the Region.
The office notified 405 claims during the reporting period, making a total of 499 claims notified.
The office verified 706 claims during the reporting period, making a total of 2,313 claims verified.
The office placed four residential properties under HPD-administration during the reporting period, making a total of approx. 264 properties. 11 permits for temporary housing were issued, reaching a total of approx. 111 permits.
No evictions have been
conducted.
Pristina Regional Office
The Office covers the central part of Kosovo and eastern part of Serbia proper. The field office established in Nis on 1st October 2002 was under the management of Pristina Regional Office until 30 November 2002.
During the reporting period the claim intake in Pristina has been low; 646 claims collected making a total of 7,246 claims collected since the opening of the office, of which 3,559 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 428 claims during the reporting period, making a total of 4,142 claims notified.
The office verified 1543 claims during the reporting period, making a total of 3,371 claims verified.
The office placed no residential properties under HPD-administration during the reporting period. The total remains 480 properties. Approx. 57 permits for temporary housing were issued, reaching a total of approx. 277 permits.
The office executed 163 evictions during the reporting period, bringing the total to 387 evictions.
Municipal Program:
Municipal
staff has produced 335 inventory cases under close supervision of HPD regional
officers. 29 eviction orders have been decided. 128 cases are closed, the
rest is still on ongoing procedure.
Case processing
The fourth quarter of 2002 saw unprecedented productivity in claims resolution. The Commission scheduled, for the first time ever, an electronic session at the end of October, as allowed by UNMIK Regulation 2000/60, in order to expedite the resolution of numerous claims ahead of the regularly-scheduled quarterly session in December. The electronic session resolved 226 cases, a new record for a single session (and all the more astounding because previous sessions had three month preparation time as opposed to one-and-a-half for this session). Less than a month and a half later, the Commission met again in Pristina in December, and once again broke the record with 251 additional cases resolved, including many difficult precedent-setting cases.
In addition to the cases resolved by the Commission, the HPD lawyers resolved 474 claims by means of other legal processes. This brought the total number of claims resolved in this quarter to 951, a figure which is roughly equal to the total number of claims resolved from the opening of the HPD through September 2002.
At the December session,
the HPD discussed with the Commission its own plans for continuing to accelerate
the process. New operating procedures that the HPD has adopted were seconded
by the Commission, which contributed new procedures of its own. These procedures
will be implemented in 2003 with the goal of greatly enhancing the ability
of the HPD to resolve claims more expeditiously. The main elements of the
new system are decentralization to the HPD's regional offices, increased coordination
between legal and regional teams and the homogenization of the HPD's internal
structure, and the implementation of a new database and tracking system a
based on modern information technology.
5. Public Relations
The HPD conducted media
campaigns in both Kosovo and Serbia proper with TV and radio commercial, posters,
leaflets and billboards. Continues media coverage was obtained both in written
and electronic media throughout Kosovo and Serbia proper.
Periodic Reports
January-March 2002