OSCE Mission in Kosovo report on conflict-related property claims

A swift resolution of conflict-related property claims, including those on property restitution, must remain on the agenda of Kosovo institutions and the international community, as it is essential for the process of returns, economic development and inter-community relations, concludes the report presented by OSCE Mission in Kosovo on 29 June.

“Almost twelve years since end of the conflict; some 29,000 residential property cases have been resolved. Unfortunately there is still much to be done. This problem affects thousands of people, mostly displaced persons,” said Edward Joseph, Deputy Head of the OSCE Mission in Kosovo, at the report launch.

“The Kosovo Property Agency – or KPA – which is the key agency mandated with resolving conflict-related property claims, still has an outstanding caseload of more than 40,000 cases,” he stressed.

The report “Challenges in the Resolution of Conflict-Related Property Claims in Kosovo” assessed the functioning of the mass-claims mechanisms established in Kosovo and analyzed difficulties faced by the KPA.

The report identified main challenges to the timely resolution of property claims, such as multiple claims over the same properties, insufficient co-ordination and disputes over the competences between the KPA and courts, illegal re-occupation of properties, and lack of an effective compensation mechanism for entitled occupancy right holders.

“The goal of the Kosovo Property Agency is to be able, in the quickest possible way, to return private property, and commercial and agricultural properties, to their rightful owners, without clogging up the conventional court system,” said the Chairperson of the KPA Supervisory Board and the Deputy head of the EU Rule of Law Mission, Andy Sparkes.

“We certainly have to avoid any overlap between the Kosovo Property Agency and the conventional court system”.

The report provides set of recommendations on how to tackle identified shortcomings including the improving of co-operation between the courts and the KPA, increasing knowledge of judges about KPA’s jurisdiction and ensuring that criminal charges against persons who illegally re-occupy properties are filed.

The report also calls on Kosovo institutions to provide adequate financial and political support to the KPA so that it can complete its work.

The full report can be accessed at the following web address: //www.osce.org/kosovo/80435