USAID’s Property Rights Program (PRP) is a four-year activity that aims to address the property rights challenges and to develop a plan for the stabilization of the property rights regime in Kosovo. The program will work in partnership with the Government of Kosovo (GOK), selected municipalities and other relevant local and international stakeholders. USAID has allocated $8.5 million for the implementation of the Property Rights Program.
EXECUTIVE SUMMARY
This quarter marked a period of transition for the Property Rights Program (PRP). Former Chief of Party (COP) tendered his resignation effective April 09, 2015. The new COP will assume his duties on July 16, 2015. During this period of transition, PRP focused its attention on implementing a series of activities to position the project to accelerate the pace of implementation, achieve significant results and increase project spending over the remainder of this Fiscal Year and to lay the groundwork for a clear roadmap to implement results-based activities in the next.
Objective 1: Better Coordination and Policy Priorities
PRP provided technical assistance to the Ministry of Justice (MoJ) to take ownership of and lead an inclusive and participatory process to develop Kosovo’s National Strategy on Property Rights. With PRP assistance the MoJ facilitated a two day’s workshop with 80 stakeholders from government line ministries and agencies, courts, civil society and donor-funded projects to discuss and agree on the major thematic topics to be included in the Strategy. Both the Minister of Justice and the USAID Mission Director participated in the event. In advance of the event, PRP worked closely with the MoJ to develop an issues document that discussed and presented thematic clusters of land tenure and property rights issues, their implications for sustainable development in Kosovo and strategic considerations. The document was sent to stakeholders in advance of the event to help facilitate lively and participatory debate. Priority activities for the next quarter are to deliver technical assistance to develop concept notes providing in-depth analysis of the thematic issues agreed during the event.
PRP also facilitated a workshop with stakeholders to discuss options for extending the mandate of the Kosovo Property Agency (KPA) to execute evictions of persons illegally occupying the property of persons displaced by the conflict in 1999. The overwhelming majority of displaced persons who filed a successful claim with the agency did not request an eviction because they were not prepared to return to their property. In light of this fact, the question presented to workshop participants was whether the remedy of eviction today constitutes a fair, effective and final Remedy Compliant with European human rights standards. As the majority of displaced persons are members of non-majority communities, outcomes from the workshop will help inform the development of PRP activities to strengthen the property rights of non-majority communities in the next quarter.
Coordination with the EU funded Civil Code and Property Rights Project (CCPR) improved during the quarter and a regular monthly coordination meeting at the MoJ was established. Experts from both the PRP and CCPR projects assisted the MoJ’s efforts to conduct legal analysis to develop safeguards to prevent women from being forced to renounce their rights to inherit property (please see Objective 3 below).
Objective 2: Improved Court Procedures Related to Property Claims
PRP developed and delivered to USAID a Court Strengthening Action Plan to guide the delivery of technical assistance to four Courts of Merit (CoM) and the Kosovo Judicial Council (KJC). The Action Plan is based on the statement that the ultimate objective of the PRP is to clearly define, legally recognize and effectively implement and enforce property rights in Kosovo. A highly significant issue constraining clear property rights and clouding title to property is a large number of property rights registered in the cadaster in the name of deceased persons. As inheritance procedures must be initiated in the courts to transfer rights to update cadastral data, the Action Plan seeks to identify substantial and procedural issues that prevent efficient resolution of inheritance claims. PRP contracted expert consultants to develop a Differentiated Case Management (DCM) methodology with the CoM to systematically assess property related cases in the CoM to generate empirical data pinpointing legal and procedural bottlenecks and to map out the entire process that a citizen must follow to transfer ownership currently in the name of a deceased ancestor. PRP priority for the next quarter is to work closely with the CoM and KJC to carefully analyze findings and recommendations from these two consultancies to develop and pilot improved court procedures through the CoM.
PRP developed and delivered to USAID a Court Strengthening Action Plan to guide the delivery of technical assistance to four Courts of Merit (CoM) and the Kosovo Judicial Council (KJC). The Action Plan is based on the statement that the ultimate objective of the PRP is to clearly define, legally recognize and effectively implement and enforce property rights in Kosovo. A highly significant issue constraining clear property rights and clouding title to property is the large number of property rights registered in the cadaster in the name of deceased persons. As inheritance procedures must be initiated in the courts to transfer rights to update cadastral data, the Action Plan seeks to identify substantial and procedural issues that prevent efficient resolution of inheritance claims. PRP contracted expert consultants to develop a Differentiated Case Management (DCM) methodology with the CoM to systematically assess property related cases in the CoM to generate empirical data pin-pointing legal and procedural bottlenecks and to map out the entire process that a citizen must follow to transfer ownership currently in the name of a deceased ancestor. PRP priority for the next quarter is to work closely with the CoM and KJC to carefully analyze findings and recommendations from these two consultancies to develop and pilot improved court procedures through the CoM.
Objective 3: Enhanced Women’s Rights to Use Property in Practice
The PRP commissioned a report “Gender, Property and Economic Opportunity in Kosovo” (Gender Report) that identified the legal, procedural and administrative constraints that prevent women from exercising their rights to inherit property. The report was presented at a stakeholder event attended by both the Minister of Justice and USAID Mission Director. The report resonated with the Minister of Justice who established a working group on the inheritance law to implement the report’s recommendations.
PRP and international partner Landesa established a Gender Coordination Group and legislative sub-group to implement activities to develop legislation to address the pressures exerted on women to renounce their rights to inherit property. Experts from both the PRP and the CCPR project participated in this sub-group that provided the MoJ’s working group with legal analysis on the renouncement issue that will inform the development of a concept note assessing options for creating legal safeguards against women being forced to renounce their inheritance rights. The concept note will be developed with PRP assistance in the next quarter.
Findings and recommendations contained in the Gender Report also served to inform and advance the development of activities across all PRP program objectives. Inter-generational inheritance consultant under Objective 2 expanded the report’s analysis when mapping out the procedural barriers women face to inherit property. Under Objective 4, PRP assessed administrative practices in municipal Civil Registry Offices that result in women being excluded from inheritance proceedings. These analyses will further inform the development of court reform activities to be implemented in select municipalities in the next quarter.
PRP continued to provide capacity building support to USAID partner ATRC who is implementing the Equity for Engagement (E4E) grants program that will support PRP’s efforts to strengthen property rights. PRP assisted ATRC to develop potential grant topics and participated in an orientation workshop with sub-grantee applicants to provide them information to develop grant proposals compliant with USAID grant requirements and that will support PRP objectives. During the next quarter, PRP will engage a Behavior Change Communications (BCC) expert who will assist PRP and ATRC to build CSO capacity to implement BCC programs to change cultural attitudes and behaviors about the rights of women to inherit property.
PRP also assisted the Agency for Gender Equality to draft Administrative Instructions (AI) to provide incentives for joint registration of marital property in the name of both spouses. Joint registration will help ensure equal participation of women and men in the property rights as a basic human right guaranteed by the Kosovo Constitution. PRP also supported public consultation of the draft AIs in four regions and Pristina.
Objective 4: Improved Communication, Access to Information and Understanding of Property Rights
PRP provided clarifications to the proposal it submitted last quarter describing the activities municipalities could implement with direct funding from USAID to improve information sharing between courts and municipal offices to improve service delivery to citizens, to make it easier for citizens to transact their rights and to help improve court efficiency. Based on these clarifications, PRP proceeded with the process to select two municipalities to receive direct assistance from USAID. It is expected the selection process will be completed in the next quarter. Once completed, PRP will conduct assessments in selected municipalities to assess capacity to inform the development of capacity strengthening plans and to finalize the Statement of Work for the activities municipalities will implement with direct assistance from USAID.