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Towards a Functioning Property Rights System

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Towards a Functioning Property Rights System DETAILS Newsletter published by the OSCE Mission in Kosovo Volume 3 - Edition 5 - August 2005 Towards a functioning Property Rights System Property rights must be protected as they are the cornerstone upon which a healthy market economy and an effective democratic gov- ernment are built. A functioning property rights protection system is essential to ensure the rule of law, sustainable returns, economic development – including foreign direct investment – and the protection of minorities’ interests. Jose Arraiza and Isabel De Blas Marin, OSCE In Kosovo, the property rights system is still being reformed. Judicial and cadastral property-related records are incomplete or missing, a high number of property-related claims at the courts are stalled and the prop- erty-related legislation is in some cases unclear and incomplete. In addition, due to added institutional weaknesses, illegal constructions are not being regulated and continue to fl ourish, individual’s homes are being illegally occu- pied, agricultural land is illegally cultivated or used and there is a relative sense of impu- nity in relation to property rights. The Property Standard The Property Rights Standard was draft ed in order to strategically build up a function- ing property rights system that would take into account and move towards resolving all defi ciencies. To do so, the Standard requires Property is an issue all over Kosovo. Prishtinë/Priština is not an exception. that there is eff ective legislation in place; that there are eff ective property-rights dispute islative reform that is required to safeguard IN THIS ISSUE: resolution mechanisms; that rightful owners property rights. Support to this taskforce of residential, commercial and agricultural will be provided by the OSCE in the form Informal Settlements pg. 3 lands are able to take eff ective possession of an external consultant with expertise on of their property; and that there is an accu- ‘lessons learned’ and analysis from similar rate system for transfer, encumbrance and transitional economies in the Balkan region. The European Convention registration of property, as well as eff ective on Human Rights pg. 4-5 mechanisms for the prevention of coerced Displaced records and/or unlawful property sales. A signifi cant portion of cadastral and judi- Interview with The OSCE was involved in the draft ing pro- cial property related records were removed cess of the Property Rights Standard Imple- Marek Antoni Nowicki pg. 6-7 from Kosovo and taken to Serbia proper in mentation Plan, to later on take the role of 1999. In order to rebuild the integrity of the co-chairing the implementation group that cadastral and judicial systems, the returns The Status of oversees the progress that is being made in of these records is of essential importance. National Minorities pg. 10-11 this area. The OSCE has been coordinating a ‘common Legal reform approach’ between the four Pillars to request from the authorities of Serbia and Montene- One of the requirements of the Property gro to return these records. Rights Standard is the completion of an assessment and of an action plan for the leg- osce Continues on pg. 2 1 DETAILS EDITORIAL authorities human rights compliant. But A good example are the eff orts we take what exactly does that mean and how does in helping the judicial system. The OSCE it realistically impact on people? Mission monitors the judicial system while bringing a human rights perspective into The concept of rule of law is easier to grasp its eff orts. Issue highlighted have been the as its impact is seemingly more direct when, right to a fair trial and how higher courts for example, police are seen on the street or can guide lower courts with sound legal when one visit the court. Yet human rights decisions. This aff ect individual rights, and rule of law are intricately intertwined and if they are respected then the justice and cannot be separated. system will function bett er, human rights Human rights are those basic standards that will be respected and rule of law will be are considered to belong to every person strengthened. and individual. These include the rights OSCE’s reporting has also been to provide the to justice, freedom, and equality, the right responsible central or municipal authorities to health, education, shelter, employment, with the tools to improve the situation and Sven Lindholm property, food, freedom of expression and promote the development of institution that Spokesperson, OSCE Mission in Kosovo movement. To violate someone’s human serve all people without discrimination. rights is to not allow that person to live in dignity. To advocate human rights is to Human rights are also protected through Editorial with a focus of the overall OSCE’s role demand that the human dignity of all people eff ective and functioning rule of law in Human Rights and Rule of Law highlighting be respected. institutions. In the areas of police and justice Mission’s contribution to greater protection of the OSCE has hand through the Kosovo The OSCE is an advocate for human rights. Judicial Institute by training judges and human right and rule of law. Our tasks include monitoring, capacity prosecutors, and the Police School which has building, and raising awareness of human churned out the basis for a democratically- rights. While our work may not always A main task of the OSCE in Kosovo is to “take oriented police force. the lead role in matt ers relating to institution- seem visible, on a daily basis we are working and democracy-building and human rights with municipal administrations and legal But in the end it is not the institutions that and rule of law.” Human rights are a part of professionals to develop their understanding protect human rights or provide the basic the applicable law, leading to hearing about and capacities to bett er serve people, to make framework for the rule of law. It is each and eff orts to make legislation and acts of local the system more effi cient. every individual. Continued from pg. 1 the Special Representative of the UN Sec- retary General regulating construction in Unsolved property claims Deçan/Dečani canyon area. This decision The resolution of confl ict related property may serve as a model for the future protec- DETAILS disputes not under the mandate of the Hous- tion of other cultural sites. Newsletter published by ing Property Directorate and Housing and Overall, the OSCE is aware of the impor- the OSCE Mission in Kosovo Property Claims Commission – which have tance of the protection of property rights exclusive jurisdiction over confl ict related for the future of Kosovo and is working to OSCE HQ, Prishtinë / Priština, Kosovo, UNMIK residential property claims - is one of the ensure that adequate support is provided to Tel: +381 38 500 162, Fax: +381 38 500 188 priorities for the OSCE. the local institutions. E-mail: [email protected] It is estimated that a number of disputes Web site: www.osce.org/kosovo over agricultural and commercial property Illegal occupation – It’s not a Publisher: need to be addressed through a specifi c Sven Lindholm mechanism. The OSCE has been involved in solution Managing Editor: the search for a solution that would address When a society perceives illegal occu- Nikola Gaon disputes over agricultural and commercial pation as an acceptable means of solv- Senior Editors: property. Currently there is a large back- ing one’s housing or economic needs, Hasan Sopa,(Detaje) log of property-related cases in the regular property legislation implementation Slaviša Mladenović (Detalji) courts. Approximately 20,000 of these cases becomes that much harder. Layout & drawings: are related to the confl ict. A strategic solution The property standard implementation Shpend Kada for the eff ective resolution of these cases, a plan includes, among others, an action number of which relate to agricultural and Contributors: point that addresses this concern. It commercial property, is needed. Joze Arraiza, Edita Buçaj, Oliver Schmidt-Guzat, calls for a public information campaign William Henley, Ronald Hooghiemstra, that would change public opinion and Rexhep Krasniqi, Fatime Lepaja, Protection of cultural heritage indicate that illegal occupation is not a Isabel De Blas Marin, Halide Sadiku, viable solution and that legal options Cultural heritage needs a special level of Mevlyde Salihu, Ardiana Sejdiu, Vasilija Stanić, need to be explored. protection. In Kosovo, such protection requires special measures directed to pre- At the request of the Ministry of Envi- ronment and Spatial Planning and UN’s osce vent damage and illegal construction in cul- Mission in Kosovo tural heritages sites. Standards Co-coordinator Offi ce, the OSCE Mission is currently assisting Disclaimer: The OSCE has been involved in develop- development of such a campaign under The views expressed and the presentation of the material published ing concrete proposals for the sustainable the slogan: do not necessarily represent the policies, opinions or positions of protection of cultural sites. For instance, an Illegal occupation – It’s not a solution. the OSCE Mission in Kosovo. Executive Decision was recently issued by 2 DETAILS Urban upgrading and protection of vulnerable groups – Informal Settlements in Kosovo All citizens of Kosovo have equal rights and obligations towards the local government, and the municipalities have clear obligations to ensure that all their inhabitants are treated equally and included in their development plans. In this regard, the OSCE has been involved in drawing the government’s attention to the rights of vulnerable communities, and especially to the rights of people living in informal settlements. Jose Arraiza and Isabel De Blas Marin, OSCE The development of informal housing areas is a frequent phenomenon in the Balkan region. Inhabitants of informal sett lements – especially those belonging to the most vulnerable groups, including Roma, Ash- kali and Egyptians – are oft en marginalized by the larger community.
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