Document Type: Progress Reports

The Land Governance Support Activity (LGSA) supports the establishment of more effective land governance systems, ready to implement comprehensive reforms to improve equitable access to land and security of tenure, so as to facilitate inclusive sustained growth and development, ensure peace and security, and provide sustainable management of the environment. Tetra Tech and partners Landesa, Namati, Collaborative Decision Resources Associates (CDR), Sustainable Development Institute (SDI), and Parley form a collaborative team providing technical and organizational assistance to the Government of Liberia (GOL), civil society, and communities in their land rights reform process.

Throughout the Year 1 work plan, LGSA makes the assumption that the Land Rights Bill and Liberia Land Authority Bill would be passed in a timely fashion. At present (July 2016) the Land Authority Bill has passed the Senate, but has not passed the House, while the Land Rights Bill has not moved through either branch of the Legislature. An Interim Land Task Force has been appointed by the President to institutionally bridge the gap between the Land Commission and the Liberia Land Authority. LGSA has updated the risk analysis and mitigation table in Section 1 to reflect the current situation.

Delays in the legislative agenda have not had a significant impact on LGSA’s ability to continue project activities. FY16 Q3 activities have focused on: the completion of institutional audits of the former Land Commission and Land Coordination Centers (LCCs), the Department of Land, Surveys and Cartography of the Ministry of Lands, Mines and Energy, and the County Land Commissioners of the Ministry of Internal Affairs; the refinement of the draft transition plan for the Liberia Land Authority completed in the previous quarter; the implementation of the applied research agenda, with work focusing on the process of negotiating boundaries and boundary harmonization, an impact assessment of the establishment of community governance structures under previous People, Rules, and Organizations Supporting the Protection of Ecosystem Resources (PROSPER), SDI, and Land Commission activities, women’s land rights, the determination of community membership, and the economics of livelihoods in areas impacted upon by concessions; the development of monitoring and evaluation tools for data collection, analysis, and reporting; the development of a communication strategy; and work with the Women’s Land Task Force and the Professions Surveyors Association (APLSUL).

Administratively, all senior, administrative, and technical project staff have been hired. Weekly general staff meetings are held to keep all project staff abreast of project activities. Weekly technical staff meetings are also held to ensure coordination of field activities both technically as well as logistically. Financial management, procurement, and administrative procedures are in place and continue to be followed.

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.

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

Summary of results for the reporting period and key achievements.

Objective 1: Better Coordination and Policy Priorities

The PRP submitted a draft annual work plan and started to organize activities.

Members of the PRP met with a broad range of partners that will be necessary collaborators to ensure the success of the program and proper coordination among donors and line ministries and agencies regarding a property rights reform agenda.

The PRP met twice with the Team Leader of the European Commission Liaison Office Support to Civil Code and Property Rights Project (ECLO) project to refine areas of cooperation and reduce the agreement to writing. The projects agreed that the ECLO project will lead in identifying challenges with substantive property law (both primary and secondary), developing a Property Law Action Plan. The PRP will concentrate on coordination among donors and line ministries and agencies of the Government of Kosovo (GOK). The PRP will also assist ECLO in the compilation of applicable legislation in the property sector. The PRP will also focus on laws/issues which affect the rights of women and/or minority communities.

In addition to meeting representatives of donor projects, the PRP organized meetings with the National Property Rights Coordinator (NPRC), the Director of the Kosovo Judicial Council (KJC), the CEO of the Kosovo Cadastre Agency, and the Director of the Department of European Integration and Policy Coordination of the Ministry of Justice, and with the General Secretary of Ministry of Justice to discuss both donor coordination and coordination among line ministries and agencies of GOK.

With the agreement of the ECLO project, the PRP began identifying the laws directly or indirectly related to property rights adopted by Assembly of Kosovo between 2002 and 2014 and any amendments to these laws. The list states the name of the law, when it was adopted by the Assembly, and amended, if applicable, the purpose of the law, and what, if any, reform actions would be appropriate.

The PRP also began gathering terms of reference from the international stakeholders that will be used to map out the activities of each donor.

Objective 2: Improved Court Procedures Related to Property Claims

PRP staff introduced the project to the Chair and Secretariat Director of the Kosovo Judicial Council. The Judicial Reform Specialist also met twice with the Administrator and Statistics Officer of the Court of Appeals to discuss and receive preliminary statistical data related to property rights disputes pending before the Court of Appeals.

The PRP obtained agreement from the USAID Effective Rule of Law Program that it will share its database regarding court backlogs, and other data that would be useful for the PRP to analyze to determine bottlenecks in the court administration and adjudication of claims to property rights.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

The mortgaging issue will be a concern of the PRP regarding women’s access to credit by using property as collateral. The PRP will conduct follow-up meetings to discern lenders’ opinions on this issue, and devise a program to develop material to inform women regarding this issue.

The Gender and Property Rights Specialist and the Judicial Reform Specialist met the Agency for Gender Equality at the Prime Minister’s Office that is interested in the PRP assisting with legislative development in the area of women’s property rights.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

The PRP Chief of Party (COP) and Objective 4 Team Leader attended a coordination meeting between Gesellschaft fur Internationale Zusammenarbeit (GIZ) and Municipal Cadastral Offices (MCOs) from Gracanica, Fushe Kosovo, and Lipija. The issue discussed had to do with claims that were adjudicated by the courts prior to 1999, which now cannot be registered without approval by the Kosovo Privatization Agency.

The same issue was under discussion at a roundtable sponsored by the Organization for Security and Co-operation in Europe (OSCE) in the municipality of Gracanica on July 25, 2014.

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 was very productive for PRP: it saw important developments in major initiatives in progress – the National Strategy on Property Rights; case flow management reform in Kosovo courts; the national media campaign and local grassroots activities on women’s property rights; and preparation for activities in Viti/Vitina municipality designed to help municipal administrations in Viti/Vitina and elsewhere improve their practices and procedures related to property rights and enable their citizens to exercise their property rights more easily and efficiently.

Objective 1: Better Coordination and Policy Priorities

NATIONAL STRATEGY ON PROPERTY RIGHTS ADVANCING ON SCHEDULE. During this Quarter, PRP developed a polished complete draft National Strategy with Implementation Plan in English and Albanian and submitted it to the MoJ. When the Serbian translation is completed in early October, the MoJ will post the National Strategy on its web site for public notice and comment. At that point, following a final review and incorporation of remaining comments by the Core Technical Group, the MoJ will submit the National Strategy to the Government for adoption. PRP has also worked closely with the Strategic Planning Office of the Office of Prime Minister to gain its full support for the National Strategy.

SUPPORT TO MOJ ON LEGISLATIVE INITIATIVE ON INHERITANCE. During this Quarter PRP has been in close consultation with the MoJ to plan next steps on getting revisions related to notary powers and to inheritance adopted into law. PRP has incorporated into its original set of proposed revisions some additional revisions and policy positions to facilitate the resolution of delayed inheritance cases. Thus the package of revisions is designed to provide added protections for women’s property rights and to facilitate the resolution of delayed inheritance cases, i.e., cases where the decedent died several years previously. PRP has provided consultation to the MoJ on a conference on inheritance that the MoJ wants to conduct in late October, with PRP support. PRP expects that PRP’s findings and recommendations will inform the agenda for the conference.

During this Quarter, PRP also worked closely with the MoJ to draft a Concept Document for the revisions to the Law on Construction Land.

All of these initiatives are contemplated by the National Strategy and fully consistent with it.

Objective 2: Improved Court Procedures Related to Property Claims

PRP PRODUCES PRELIMINARY FINDINGS AND RECOMMENDATIONS ON CASEFLOW MANAGEMENT OF PROPERTY CASES. As reported previously, PRP has determined that it is necessary to inventory and track pending property cases in order to fully identify the points where unnecessary delays occur. Using the Excel spreadsheet tailored for this purpose, during this Quarter PRP’s three Records Management Specialists brought the number of pending property cases inventoried for research and analysis to 2,100 pending cases. This represented the complete pending caseloads of three judges (one judge each from the Basic Courts of Pejë/Peć, Ferizaj/Uroševac and Gjilan/Gnjilane), and partial caseloads that are currently being reviewed by three additional judges from those courts. The RMS’s also continued to track recent actions taken by judges based on their hearing schedule.

The collected data provides sufficient basis for preliminary findings and recommendations to improve the case flow management of property cases and eliminate unnecessary delays.

During this Quarter, PRP has begun preparing preliminary findings and recommendations. These will be completed in October and presented to the KJC and CoMs in a series of roundtables in November led by STTA expert, Judge Joseph Traficanti.

MAKING JUDICIAL PRACTICE IN PROPERTY LAW MORE CONSISTENT, UNIFORM AND PREDICTABLE. During this quarter PRP continued its analysis of judicial practice in property law, i.e., the quality and consistency of the courts’ decisions in adjudicating property cases. As noted previously, as much as 70% of property rights cases are disposed on procedural grounds (i.e., without a decision on the claim itself) and also with significant delays. PRP has also now determined that a large number of property case decisions are reversed by the Court of Appeals, and PRP has identified the principal grounds for these reversals. PRP will continue to develop findings on judicial practice in the area of property rights, which will serve as the basis for initiatives with the courts to address problematic issues and achieve more uniformity and consistency in their adjudication of property cases.

COLLABORATION WITH USAID CLE ON MEDIATION INITIATIVES. During this Quarter PRP met on several occasions with CLE to discuss issues related to mediation and the courts; took part, jointly with CLE, in the working group for the draft Law on Mediation; and together with CLE has begun planning training for judges on mediation.

ADDITIONAL RESEARCH FOR THE REPORT ON MINORITIES’ PROPERTY RIGHTS. During this Quarter PRP commissioned research on the two additional subjects to be addressed in PRP’s Report, Issues Affecting the Ability of Members of Minority Communities in Kosovo to Exercise Their Property Rights, i.e., the challenges facing minorities in connection with actions taken by the Kosovo Privatization Agency and in taking part in judicial proceedings. PRP has received the first draft of this research and provided comments for further elaboration.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

NATIONAL GRASSROOTS CAMPAIGN LAUNCHED IN VITI/VITINA. PRP successfully launched its grassroots campaign on women’s property rights with a highly publicized event in
Viti/Vitina. The launch event featured remarks by the US Ambassador, the First Deputy Prime Minister, and the Mayor of Viti/Vitina, along with testimonials from two local women who recounted their success at dealing with property issues. The event also featured an exhibition of children’s drawings from PRP’s art activity for children held in Viti in June; a video clip made from that art activity; and a demonstration of forum theater, with a short performance on the topic of inheritance. The event was extremely well attended and received extensive national coverage on TV.

SIXTEEN BILLBOARDS DISPLAYED IN KOSOVO WITH ADS AND MESSAGES FOR PRP CAMPAIGN, FOR OUR COMMON GOOD. As of September 1st, sixteen billboards as part of For Our Common Good Campaign were displayed in 9 municipalities in Kosovo such as Prishtinë/Pristina, Prizren, Pejë/Peć, Mitrovica, Gjilan/Gnjilane, Viti/Vitina, Graçanicë/Gračanica, Shtërpcë/Štrpce, and Gjakova/Djakovica. The billboards featured photos related to PRP’s Public Service Announcements and have the slogan, Equality Knows No Gender. PRP plans to continue the campaign with new billboards in the upcoming months.

PRP PHOTO SELECTED FOR USAID INTERNATIONAL YOUTH DAY SOCIAL MEDIA TOOLKIT. A photo from PRP’s outreach activity in Viti/Vitina on the topic “Home and Family” with the children of Viti/Vitina municipality, held on June 2016, was among the photos selected from USAID Programs around the world for inclusion in the Social Media Tool Kit, which USAID developed to observe the International Youth Day.

USAID/WASHINGTON PR INITIATIVE FOR COVERAGE OF PRP’S WORK IN KOSOVO. During this Quarter, Cloudburst, a contractor in public relations for
USAID/Washington’s Land Tenure and Resource Management Office informed PRP of their plans to carry out a number of activities to publicize PRP’s work. These include a webinar featuring Kosovo’s Land Tenure Profile; an Op-Ed piece by DPM Kuçi for the highly-regarded Reuters journal, Place; and an accompanying background article on the National Strategy initiative, to be prepared by some Reuters journalists.

During this Quarter, PRP contacted the two Reuters journalists who will be preparing a background article to accompany the Op-Ed piece. They have also expressed an interest in visiting Kosovo, perhaps with a photographer, to gather information for the article and perhaps other features. Thus far, no date has been set for the visit.

PREPARATIONS FOR EVENTS AROUND INTERNATIONAL DAY OF THE GIRL CHILD (OCTOBER 11). Toward the end of this Quarter, PRP began conceiving and making preparations for a number of activities and events related to International Day of the Girl Child. These include (1) a puppet show for elementary school children that emphasizes the equality of girls and boys; (2) a commissioned article on women’s property rights issues that will be posted in local web portals; (3) a publicity event to focus attention on the importance of treating daughters and sons equally in inheritance, which PRP has proposed to and organized for the US Embassy; and (4) a show for the television program, My Family that will discuss women and inheritance and will feature a representative from PRP and two from the CSOs that work in this field.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

CLOSE INTERACTION WITH USAID TO FACILITATE DIGITIZATION INITIATIVE. During this Quarter PRP worked closely with USAID in a number of areas related to PRP’s proposed initiative to digitize the cadastral records of selected municipalities and link those digital files to a Geographic Information System application that PRP would produce. PRP provided guidance on the selection of municipalities to participate in this initiative; prepared an illustrative budget, possible milestones and other information to inform USAID’s consideration of reallocating G2G funds to PRP; submitted a request for a Sole-Source Waiver in connection with hiring the subcontractor to develop the software and supervise the digitization; and worked with USAID’s ADS-548 Team in Washington and received an positive evaluation of the specifications of the proposed software.

PRP COMPLETES LEGAL ANALYSIS AND COMMENCES FIELD RESEARCH IN VITI/VITINA. During this Quarter PRP completed its research of the law governing property registration in connection with inheritance, court judgments, private transactions and privatization, and developed a lengthy questionnaire for oral interviews with municipal officials on these topics. PRP will use the interviews to ascertain the practice “on the ground” in implementing the law, with the aim of identifying ways to improve the registration process and make it easier for citizens to register their property. PRP also commenced interviewing MCO officials in Viti/Vitina.

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 was very productive for PRP: it saw important developments in major initiatives already in progress under all four project objectives – e.g., the National Strategy on Property Rights; caseflow management reform in Kosovo courts; and the media campaign on women’s property rights.  In addition, in this Quarter PRP conceptualized and began planning initiatives for a grassroots campaign of public advocacy on women’s property rights to supplement the media campaign, which will be commenced in the next quarter.  Furthermore, in this Quarter PRP submitted three analytical reports to USAID for review – “Informality in the Land Sector: The Issue of Delayed Inheritance in Kosovo”; “A Review of the Feasibility of Modifying the KJC Case Registration System to Support Proposed Reforms in Caseflow Management”; and “Issues Affecting the Ability of Members of Minority Communities in Kosovo to Exercise Their Property Rights” – as well as a proposal for pilot activities in the municipalities that receive G2G assistance.

Objective 1: Better Coordination and Policy Priorities

WORK ON NATIONAL STRATEGY ON PROPERTY RIGHTS ADVANCING ON SCHEDULE. This Quarter saw the steady development of the five Concept Notes for the National Strategy on Property Rights, which was accompanied by the full and active engagement of the Thematic Working Groups. (TWGs).  During the quarter full drafts of each Concept Note were completed and presented to the corresponding TWGs for review and discussion during five-day-long working sessions held in February 2016. Participation was lively and constructive, and the TWGs reviewed the draft Rationales for each of the Concept Notes and provided substantive comments and suggestions. The final versions of the Concept Notes will be presented to the Core Technical Group (CTG) for review and discussion at a two-day working session in April 2016.

PRP provided extensive guidance to the experts drafting the Concept to help them develop a unified and comprehensive approach to their research and to prioritize issues. PRP also played the central role in coordinating among the MoJ, the TWGs and PRP’s experts drafting the Concept Notes.

CLOSE COOPERATION WITH CCPR.  PRP continued to cooperate closely and constructively with the EU-funded Civil Code and Property Rights Project (CCPR). The two projects met each month this Quarter to exchange current information. PRP has shared its reports on delayed inheritance and notary practice with CCPR, and CCPR has provided its Progress Reports to PRP, to ensure that the positions and approaches taken in the National Strategy will be in harmony with CCPR’s vision of the Civil Code.  During this Quarter PRP and CCPR also sponsored a joint workshop on socially-owned property that featured experts from both projects and was well received by local counterparts.  In addition, PRP attended all meetings of CCPR’s Steering Committee.

SUPPORT TO MOJ ON LEGISLATIVE INITIATIVE ON INHERITANCE. During this Quarter, PRP also continued to work closely with the MoJ on important legislative initiatives.  PRP provided the MoJ with a comprehensive analysis of notary powers and practices in selected EU member states, to inform the MoJ’s policy-making process as it finalizes its draft Law on Notary. In that connection, the MoJ has requested PRP to assist in drafting revisions to related laws to create a legislative package to address the issues surrounding women’s renunciation of inheritance, the omission of heirs and uncertainties surrounding the notaries’ jurisdiction over non-contested inheritance proceedings.  This work will be completed in the next quarter.  PRP is also supporting the MoJ on drafting the Concept Document for the Law of Construction Land.

Objective 2: Improved Court Procedures Related to Property Claims

DATA-GATHERING IN COM’S COMMENCED BY PRP CASEFLOW MANAGEMENT STAFF. During this Quarter PRP conducted its review of the Kosovo Judicial Council (KJC) Case Registration System (the Database) and presented its findings to USAID in its report, “A Review of the Feasibility of Modifying the KJC Case Registration System to Support Proposed Reforms in Caseflow Management.” PRP has concluded that the Database can be modified to support PRP’s case flow management initiative in the four CoMs. The Report outlines the concrete steps to be taken to modify the Database.  USAID has provided PRP with comments on the Report.  PRP is currently soliciting comments on the report from the KJC and USAID Justice System Strengthening Program (JSSP) and expects to finalize the report in April.  The Report will serve as the basis for actions that PRP will take to introduce case flow management reforms in the four CoMs.

HIRING COMMENCED FOR CASEFLOW MANAGEMENT STAFF.  PRP has also identified and commenced hiring candidates to work in the Basic Courts of Gjilan/Gnjilane, Ferizaj/Uroševac, and Pejë/Peć to help implement the case flow management reforms and inventory pending property cases.

TWO ADDITIONAL ANALYTICAL REPORTS PRODUCED.  In this Quarter PRP also submitted to USAID drafts of two additional and comprehensive analytical reports – “Informality in the Land Sector: The Issue of Delayed Inheritance in Kosovo” and “Issues Affecting the Ability of Members of Minority Communities in Kosovo to Exercise Their Property Rights.”  The first of the two reports presents PRP’s analysis of and proposed solutions to the challenges posed by the fact that many land records are registered in the name of deceased persons.  The second of the two reports presents findings and recommendations related to issues faced by displaced persons and members of minority communities in connection with the illegally occupied property; receiving timely notice of matters concerning their property; access to justice; and religious and cultural property.

USAID has provided comments on both reports and PRP intends to submit final versions to USAID in April 2016.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

MEDIA CAMPAIGN EXPANDED. During this Quarter the first round of media products were produced for the campaign on women’s property rights, “For Our Common Good” – a total of 20 products in all. (PSAs and News Features for TV and radio, for both Albanian and Serbian audiences.  Many of the products have begun airing, and the rest will be broadcast starting in April 2016.  They are also being uploaded onto social media. PRP is making plans to expand the coverage given to these media products.  In addition, PRP sponsored and/or participated in two television programs on women’s property rights.

GRASS-ROOTS ACTIVITIES CONCEPTUALIZED AND PLANNED.  PRP completed planning for a number of activities designed to bring the campaign on women’s property rights to local communities using a variety of approaches.

ROUNDTABLE FOR USAID GENERAL COUNSEL.  During this Quarter, PRP facilitated a roundtable discussion on women’s property rights with USAID General Counsel John Simpkins and a number of representatives of civil society and E4E sub-grantees.  The event was designed to allow Mr. Simpkins to lead the discussion and gain information from counterparts on the work that USAID is doing in Kosovo.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

PLANNING ACTIVITIES IN MUNICIPALITIES.  During this Quarter PRP drafted an action plan of potential activities to be carried out in the G2G municipalities when they have been approved by USAID, in addition to scanning the archives of the Municipal Cadaster Office.  The goal of these activities is to improve municipal services related to property rights and to increase citizens’ understanding of their property rights and ability to exercise them. PRP intends to finalize the action plan in close collaboration with each G2G municipality.

PRP also prepared and submitted to USAID a proposal to pilot activities within the G2G municipalities to address the issues identified in its report, “Informality in the Land Sector: The Issue of Delayed Inheritance in Kosovo.”

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 saw the significant advancement of project initiatives under all four PRP objectives. In addition, the new COP assumed his duties on July 16.

Objective 1: Better Coordination and Policy Priorities

To assist the MoJ’s efforts to produce a National Strategy on Property Rights, PRP provided the MoJ, with technical support to finalize the Issues Document that served to identify and frame for analysis clusters of legal and technical issues to be addressed by the National Strategy. PRP also assisted the MoJ to establish the government structures that will take ownership and responsibility to develop the National Strategy – the Core Technical Group (CTG) and Thematic Working Groups (TWGs). In addition, the CTG adopted the approach and timeframe proposed by the Project for developing the Concept Documents for the National Strategy.

PRP also conducted a tender and selected a subcontractor, Strategy & Development Consulting (SDC) to field a team of experts to assist the CTG and TWGs to conduct research and analysis and draft the Concept Documents that will then serve to inform drafting of the final National Strategy document. PRP facilitated meetings between SDC and the Chair of the CTG to agree on modalities for coordination to ensure SDC is fully integrated into the MoJ’s strategy development process.

In addition, Minster of Justice Kuci met with PRP and reiterated his support for the initiative to create the National Strategy.

PRP also developed extensive comments on the draft Law on Notary; compiled other USAID projects’ comments on the draft law; and presented USAID with a unified document with all comments, which USAID then presented to the MoJ. Among many issues implicated by the Law on Notary is the need to clarify the respective jurisdictions of the courts and the notaries over non-contested cases. This s a direct bearing on efforts to reform the procedures governing inheritance proceedings. PRP has been actively urging the MOJ to approach this issue circumspectly and with deliberation and to resolve it with due consideration for the implications this law will have for inheritance reforms.

Objective 2: Improved Court Procedures Related to Property Claims

PRP completed a Differentiated Caseflow Management (DCM) assessment of case flow practices in the four Courts of Merit, analyzing over 1,200 property cases, and developed detailed findings and recommendations for immediate action the KJC could take to improve case flow management and court performance. The principal finding was that the adjudication of all property cases, regardless of the specific subject matter, are accompanied by very significant delays that far exceed international best practice related to case disposition times.

During the first weeks of the next quarter (October 22, 2015) PRP will facilitate a workshop with the KJC, courts presidents and heads of Civil Divisions of all Basic Courts and the PRP supported Advisory Council comprising Court of Merit judges. The DCM expert who conducted the assessment will present its findings and suggest options for reform initiatives. The workshop is intended to produce consensus on reform and development of an action plan to be ratified that will define activities to be piloted and tested in the Courts of Merit to improve case flow management.

PRP also facilitated the recently arrived US Ambassador’s visit to the Ferizaj Basic Court; received the first draft of its report on inter-generational inheritance matters; and conducted the first phase of its needs assessment for judicial training with the Kosovo Judicial Institute.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

PRP began development of a Public Service Announcement on women and property rights that will feature prominent Kosovar, including the President, a noted singer, and artist and a young judo champion. PRP also developed a strategy for its Social Behavior Change Communications campaign; identified the target audiences and refined its messaging for the campaign; and secured the approval of the Office of the President to conduct the campaign under the established rubric, “For the Common Good.”

PRP also conducted a tender and selected a production company for the media campaign.

In addition, PRP undertook a number of activities to support USAID E4E partner, ATRC, and its sub-grantees.  PRP supported USAID-mandated improvements in ATRC’s operations and grant management procedures and assisted ATRC to conduct capacity assessments of its sub-grantees.  PRP also assisted ATRC in conducting a training needs assessment for its sub-grantees.

Two grants were given for activities to support the ability of women to exercise property rights in Kosovo: to the organizations BIRN (Balkan Investigative Reporting Network) and ACDC (Advocacy Center for Democratic Culture), ACDC to conduct its activities in northern Kosovo.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

PRP developed and presented to USAID a proposal for an initiative for G2G funding for municipalities. The initiative is designed, among other things, to help fill gaps in land records by engaging municipal efforts to scan and index the archived hard copy documents of the Municipal Cadastral Offices (MCOs) in two municipalities. In addition to making more information available on the ownership history of land parcels in the municipality, the initiative is designed to improve information-sharing among Kosovo institutions; facilitate the adoption of streamlined registration procedures at the MCOs; and support more effective municipal planning and use of municipal land.

PRP also completed its selection process for municipal candidates for G2G support and presented its findings and recommendations to USAID.

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 the transition from assessment and preparation to implementation for major project initiatives under all four PRP objectives.

Objective 1: Better Coordination and Policy Priorities

This quarter saw the steady development of the five Concept Notes for the National Strategy on Property Rights, which was accompanied by the full and active engagement of the Thematic Working Groups. (TWGs).  During the quarter each TWG held two working sessions with the experts leading the development of the Concept Notes, and participation was lively and constructive. At the most recent TWG working sessions held in December 2015, the TWGs reviewed the draft Rationales for each of the Concept Notes and provided substantive comments and suggestions. The final versions of the Concept Notes will be provided for final review by the TWGs in February 2016.

PRP provided extensive guidance to the experts drafting the Concept to help them develop a unified and comprehensive approach to their research and to prioritize issues. PRP also played the central role in coordinating among the MoJ, the TWGs and PRP’s experts drafting the Concept Notes.

PRP continued to cooperate closely and constructively with the EU-funded Civil Code and Property Rights Project (CCPR), facilitating discussion with judges of issues in judicial practice relevant to the Civil Code; and collaborating with CCPR to complete and submit to the MoJ the analysis of international practice related to the renunciation of inheritance.

During this reporting period, PRP also provided support to the MoJ by way of organizing and participating in a three-day workshop in order to finalize consultation and drafting of the Draft Law on Notary. PRP also supported the MoJ on drafting the Concept Document for the Law on Inheritance with a focus on renunciation and provided Comments on the Draft Concept Document for the Law on Public Property which was approved by the Government of Kosovo on December 30, 2015.

Objective 2: Improved Court Procedures Related to Property Claims

PRP completed and submitted to USAID its Final Report on Differentiated Caseflow Management, an assessment of case flow practices in the four Courts of Merit (CoM) in the adjudication of property cases. The assessment is based on an analysis of over 1,800 disposed property cases, as well as site visits to the courts and discussions with judges. The principal finding in the Report is that the adjudication of all property cases, regardless of the specific subject matter, entails very significant delays that far exceed international best practice.

The Report includes an Action Plan of immediate actions to improve case flow management and court performance, and PRP has gained the approval of the judges for the Action Plan.  Implementation will commence in early 2016 in the four CoM.

During this quarter, PRP facilitated a workshop with the KJC, court presidents and heads of Civil Divisions of all Basic Courts along with PRP’s Judicial Advisory Council to present the preliminary findings of the Report and to review and discuss the proposed Action Plan. The workshop produced consensus among the judges on the need for reform and ultimately led to the final approval of the Action Plan.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

PRP provided the MoJ with its analysis of international practices on the renunciation of inheritance and presented its findings and recommendations to the MoJ Working Group on Renunciation. This was followed by a three-day workshop to draft the Concept Document on the Renunciation of Inheritance.

PRP produced its first media product for its national campaign on women’s property rights, “For Our Common Good.” The Public Service Announcement (PSA) features H.E. President Atifete Jahjaga, Minister of Justice Hajredin Kuçi, Aferdita Saraqini-Kelmendi (the Director RTV21), and the World Judo Champion (junior category)  Distria Krasniqi. PRP officially launched the PSA and its nationwide campaign on December 10, 2015 (on International Human Rights Day). President Jahjaga and Minister Kuçi were joined by US Ambassador Greg Delawie in delivering remarks at the event in support to the campaign. The PSA is currently being aired on the Radio Television of Kosovo (RTK) television network in Albanian and Serbian languages.

In this quarter, PRP also commenced the production of a series of additional media products for its campaign, holding a successful tender and awarding the contract to a local production company.  Filming and production are well underway according to schedule for final approval and airing this upcoming quarter.

PRP continued its leading role in coordinating stakeholders’ efforts related to gender equality and women’s property rights in Kosovo through the Gender Coordination Group on Women’s Property Rights.  PRP also continued to provide technical assistance to the USAID E4E implementing partner and sub-grantees, which are conducting activities to support further awareness raising of the issue of women’s ability to exercise their property rights.

PRP also cosponsored together with E4E subgrantee, KCBS, a Conference on Women in Business, which was attended by over 170 business women from Drenas/Glogovac, Kamenicë/Kamenica, and Rahovec/Orahovac.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

During this quarter, PRP provided additional information to USAID in support of its proposal for G2G funding for municipalities. The initiative is designed, among other things, to make additional information on land holdings easily available by helping municipalities to scan and index the archived hard copy documents of their Municipal Cadastral Offices (MCOs). In addition to making more information available on the ownership history of land parcels in the municipality, the initiative is designed to improve information-sharing among Kosovo institutions; facilitate the adoption of streamlined registration procedures at the MCOs; improve local citizens’ knowledge and understanding of administrative requirements and procedures; and support more effective municipal planning and use of municipal land.

At the end of 2015 USAID informed PRP that it had selected Viti/Vitina municipality for a pre-award assessment for this initiative.

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

Summary of results for the reporting period and key achievements.

Objective 1: Better Coordination and Policy Priorities

To support development of a National Strategy for Property Rights under Objective 1, PRP provided assistance to the Ministry of Justice (MOJ) to prepare the technical documentation required under the applicable legislation to request a decision from the Government of Kosovo (GOK) authorizing the MOJ to draft the National Strategy for inclusion in the GOK’s Strategic Plan for 2015.  In parallel, PRP worked with the MOJ, the Department for European Integration and Policy Coordination of the MOJ, the EU Support to the Civil Code and Property Rights Project (CCPR) and USAID to establish the modalities for the Property Rights Sector Working Group SWG), through which the National Strategy will be developed and presented to the GOK. The MOJ submitted the request to the Prime Minister’s Strategic Planning Office on March 10, 2015, and approval is pending.

PRP is also working with the MOJ and CCPR to assess property classifications prescribed under the laws of the former Yugoslavia to be updated consistent with the requirements of a land market to support Kosovo’s economic development. The issues of restitution, both pre and post-conflict, and challenges regarding a resolution of the claims related socially-owned enterprises (SOEs) also constrain the development of a robust land market.  These are significant issues will be addressed by the SWG through the National Strategy.

Upon request of the Adviser of the Prime Minister without Portfolio, PRP provided assistance to implement a technical agreement between the Republic of Kosovo and the Republic of Serbia related to the return of cadastral documents removed by the Serbian regime during the conflict and finalization of a draft Law on the Kosovo Property Comparison and Verification Agency (KPCVA) to resolve discrepancies between the returned documents and documents currently maintained in Kosovo’s Municipal Cadastral Offices.  A working group has been established consisting of the Director of the Legal Office of the Prime Minister’s Office, the Kosovo Cadastre Agency (KCA), the Kosovo Property Agency (KPA), a member of the US Embassy, and the European Special Representative to develop the final draft of the legislation. The Office of the Prime Minister has requested PRP to assistance to prepare by-laws to implement the new law as it expects it will be passed in the next two months.

Objective 2: Improved Court Procedures Related to Property Claims

PRP facilitated a participatory process with the Kosovo Judicial Council (KJC) to select four Courts of Merit that will work with the PRP to develop, pilot and test court procedures to more efficiently adjudicate property claims and disputes and ensure women’s rights to inherit property are fully enforced. In consultation with the KJC, the presiding judges of the seven basic courts, the presiding judge of the court of appeals, the Basic Courts of Peja, Gjilan, and Ferizaj with the Branch in Sterpce were selected as the Courts of Merits. The President of the Court of Appeals and Court Presidents highly recommended establishment of an Advisory Committee comprised of thought leaders and agents of change in the court system to assist the KJC and PRP develop procedures and processes to increase court efficiency.  It is expected the Advisory Committee will be fully functional in the next quarter.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

In February 2015 the Tetra Tech ARD Director of Grants Management and PRP Grants and Subcontracts Manager assessed capacity of USAID’s Engagement for Equity (E4E) implementing partner, Advocacy Training & Resources Center (ATRC), and provided support to ATRC to begin the process of issuing and administering grants under the E4E program. ATRC was provided training on USAID grant-making procedures, systems, and planning processes throughout the entire grants cycle.  Additionally, ATRC was provided assistance to develop RFA topics that will assist PRP achieve its program objectives related to public education, outreach, and advocacy activities to improve women’s access to property rights in practice.

PRP continued to work with key stakeholders to refine its Behavior Change Communications (BCC) strategy and messaging that will serve as a key component in the information and outreach program that the PRP will support ATRC to implement through grants to CSOs under the E4E program. PRP facilitated participatory workshops on January 28 and March 30, 2015, to further develop BCC content and messaging. Another key outcome from the workshops was the formation of a Property Rights Communications Working Group to coordinate information and outreach activities promoting women’s property rights that are currently being implemented by government agencies and donor funded projects.

The Minister of Justice expressed support for the recommendations presented in the Gender Report Dr. Sandra Joireman prepared for PRP during the last quarter.  He requested PRP to facilitate an event jointly with the MOJ to present the ministry’s support for reform based on the report’s recommendations to strengthen the property rights of women. The event is scheduled for April 22, 2015. The Minister has created a working group, on which PRP specialists will serve, to recommend amendments to legislation as part of the Ministry’s reform efforts.  PRP also worked with CCPR project experts to review legislation and practice regarding family and inheritance law and produce a draft an analysis of these laws.

PRP has secured places on both the Inheritance and Family Law working group established by the CCPR project and the working group established by the MOJ to amend the Inheritance Law.  It is expected the two working groups will begin drafting activities in the next quarter.

PRP provided technical assistance and inputs to the Agency for Gender Equality (AGE) to develop an Administrative Instruction (AI) for Registration of Common Property. A draft AI was produced and PRP will support public consultation in the next quarter. PRP also provided technical input to CCPR’s analysis of the Inheritance Law.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

PRP developed and submitted to USAID a substantially revised proposal for activities to be implemented by municipalities with direct assistance from USAID to improve the sharing of land-related information to assist courts to more efficiently resolve property claims and to facilitate market transactions.  USAID will provide comment and feedback to further develop the proposal in the next quarter.

Key priorities for the next quarter are to advance development of the National Strategy for Property Rights; develop and implement reform activities through the Courts of Merit; assist ATRC to implement E4E activities in support of PRP efforts to change attitudes and behaviors about women’s rights to property and assist the MOJ to develop legislation to strengthen the property rights of women; and work with USAID to further develop the proposal for direct funding to municipalities to improve the sharing of land-related information to assist courts to more efficiently resolve property claims and to facilitate market transactions.

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

Summary of results for the reporting period and key achievements.

Objective 1: Better Coordination and Policy Priorities

A final MOU between the EU-funded Support to the Civil Code and Property Rights (CCPR) project and the PRP setting out arrangements for cooperation and coordination was agreed and will be signed in the next quarter.

The PRP will contribute to the CCPR legislative drafting process by providing inputs identifying problems affecting property rights, including gaps and shortcomings in the substantive property law, both primary and secondary, and proposing practical solutions on how to address those problems as mutually agreed upon with the CCPR.

The Policy Development Specialist of the PRP met with the Director of the Legal Office of the Office of Prime Minister and the Coordinator of the Division for Policy Coordination of the Legal Department of the Ministry of Justice (MOJ) to start the process of establishing the Property Rights Sectoral Working Group (SWG).

In order to map out the roles and responsibilities of each donor and line ministry and agency dealing with property rights, the PRP Policy Development Specialist conducted key informant interviews with donor projects and line ministries and agencies to narrowly describe their terms of reference, scopes of work, or legal mandates in a report.

The Policy Development Specialist prepared a list of laws relating directly or indirectly to property rights issues and shared the list with the CCPR. He also located electronic English versions of these laws where possible.

The Policy Development Specialist prepared a list of the main topics that should be covered in a national strategy on property rights. The list includes the general legal requirements pursuant to instructions of the GOK that must be followed by the government in preparing a strategy and policy documents.

Objective 2: Improved Court Procedures Related to Property Claims

The USAID/Kosovo Effective Rule of Law (EROL) project provided an Excel spreadsheet listing data for 95,124 civil cases across all Kosovo Courts. The PRP Judicial Reform Specialist reviewed the civil court caseload and finds that the data cannot be accurately filtered by type of property claim. This is because the database is modeled on the civil court registries, which as pointed out above, do not contain the proper filters to identify all types of property cases.

The Judicial Reform Specialist met with judges from several courts and discussed their perceptions of the key obstacles to disposing of the property rights claims. Major issues are overlapping jurisdiction, conflicting legislation, and what law to apply to a particular claim.

The PRP Judicial Reform Specialist and Gender and Property Rights Specialist met with the Kosovo Judicial Institute (KJI) Director and discussed training modules developed and conducted by the KJI related to property rights. The KJI is the main institution in Kosovo providing training for judicial professionals (judges, legal associates, presiding judges and administrative staff). The KJI has already developed modules for two-day property rights courses that cover property ownership and limitations, women’s property rights including anti-discrimination laws, common and joint property rights between spouses, and division of property rights upon divorce.

The PRP, in coordination with KJI and Kosovo Chamber of Advocates training experts, will review the training curricula and training modules to identify gaps in the program and prepare a training needs assessment.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

The PRP sponsored a booth and presented materials informing women and men about property rights and their value to accessing finance to increase opportunities for women to develop sustainable businesses during the Finance Fair  organized by the Kosovo Association of Banks and held on September 23 and 24, 2014 by Visitors to the PRP booth included private individuals, students, small business owners, representatives of NGOs, and representatives of other donor projects.

PRP assisted Crimson Capital to develop the agenda, organize venues, identify women entrepreneurs and publicize a joint workshop on finance and property rights for women in business that will take place in Gjakova in the next quarter. PRP and Crimson Capital anticipate replicating the event throughout the country.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

PRP Chief of Party (COP) and Municipal Service Delivery Specialist of the PRP met with Agron Maxhuni, Head of Legal Department in Ministry for Local Self-Government, to begin coordination with this counterpart regarding work with the municipalities. He emphasized that any activities geared toward completing the registration of property are of interest.

The COP and the Municipal Services Delivery Specialist met with the mayors of Vushtrri, Istog, Fushë Kosovë, and Gjakova and the deputy mayor of Shtërpce to introduce the PRP and explain the need for an assessment of information sharing in municipalities to identify areas for possible intervention.

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 was very productive for PRP: it saw important developments in major initiatives in progress – the National Strategy on Property Rights; case flow management reform in Kosovo courts; and the media campaign on women’s property rights. In addition, in this Quarter PRP commenced grassroots activities on women’s property rights to complement its media campaign and launched a pilot program of activities in Viti/Vitina municipality designed to help municipal administrations improve their practices and procedures related to property rights and enable their citizens to exercise their property rights more easily and efficiently.

Objective 1: Better Coordination and Policy Priorities

WORK ON NATIONAL STRATEGY ON PROPERTY RIGHTS ADVANCING ON SCHEDULE. During this Quarter, PRP continued to move forward on schedule the development of the National Strategy on Property Rights: the Thematic Working Groups completed their work and the five Concept Notes, which will constitute the substantive basis of the National Strategy, were given final review by the Core Technical Group. PRP has finalized them. In addition, PRP prepared a first draft of the narrative core of the National Strategy – the “Zero” Draft – which provides strategic direction to the National Strategy and lays out its policy priorities. By the end of this Quarter, PRP had begun work to develop a first full draft of the National Strategy.

PRAISE FOR PRP’S EMPHASIS ON INCLUSION AND COORDINATION. PRP continued to cooperate closely and constructively with the EU-funded Civil Code and Property Rights Project (CCPR). The two projects met together each month this Quarter with the MoJ to exchange current information. PRP provided the draft Concept Notes to CCPR for comment, and CCPR has provided its Progress Reports to PRP to ensure that the positions and approaches taken in the National Strategy will be in harmony with CCPR’s vision of the Civil Code. In addition, PRP attended all meetings of CCPR’s Steering Committee.

The team of independent evaluators to assess CCPR praised the level of coordination and cooperation between the two projects as a model to be emulated by other EU projects, and also gave high praise to the inclusive approach taken in developing the National Strategy and urged that the follow-on EU project to develop the Civil Code take a similar approach. Furthermore, at the visibility event held in connection with the close-out of CCPR in June, First Deputy Prime Minister/Minister of Justice Kuçi praised USAID and PRP for its constructive cooperation with the MoJ and CCPR.

SUPPORT TO MOJ ON LEGISLATIVE INITIATIVE ON INHERITANCE. During this Quarter, PRP continued to work closely with the MoJ on significant legislative initiatives. Drawing on PRP’s comprehensive analysis of notary powers and practices in selected EU member states, which PRP provided to the MoJ in the previous quarter to inform the MoJ’s policy decisions as it finalizes the draft Law on Notary, at the MoJ’s request PRP has drafted revisions to a package of laws to create procedural safeguards to help address challenges women often face in connection
with inheritance – being omitted as heirs on the Act of Death; and being expected, and sometimes forced, to renounce their inheritance in favor of male heirs. The revisions are also designed to clarify the legal authority of the courts and notaries, respectively, with respect to non-contested inheritance proceedings. This package of revisions will be translated into Albanian and provided to the MoJ in the first weeks of the next quarter. PRP is also supporting the MoJ on drafting the Concept Document for the Law on Construction Land.

Objective 2: Improved Court Procedures Related to Property Claims

INSTRUMENT DEVELOPED FOR GATHERING CASEFLOW DATA. During this Quarter, PRP worked closely with the IT Department of the KJC to review together the Kosovo Judicial Council (KJC) Case Registration System (the Database) and identify the specific modifications that would be needed in order for PRP to use the Database in PRP’s initiative to analyze the caseflow management of property and other civil cases in the four Courts of Merit (CoMs). (The analysis of the caseflow of pending civil cases was identified as the next necessary step for identifying and developing interventions in the courts’ caseflow management of property cases. See PRP’s Report, “Caseflow Management for Property Rights Cases in the Basic Courts,” which was submitted to USAID and the KJC in December 2015 and which describes the objectives of this work and the methodology for carrying it out.)

Although PRP’s initial review of the Database, which was conducted by local STTA, suggested that it would be feasible to modify the Database for this purpose (which initial conclusions were presented in PRP’s report, “A Review of the Feasibility of Modifying the KJC Case Registration System to Support Proposed Reforms in Caseflow Management;” PRP’s subsequent hands-on review indicated that it would not be practicable to undertake modification of the Database, because it would require an indeterminate, but likely considerable, expenditure of time and money to do so. Those findings, coupled with reports that the Case Management Information System, which was being developed for the Kosovo courts with Norwegian donor funding, would be introduced in an introductory trial form in September 2016, led both PRP and the KJC IT Department to decide not to proceed with the modification.

In view of this development, PRP thereupon designed and developed an Excel spreadsheet that has been tailored to support data-gathering on caseflow management in the four courts.  In reaching this decision, PRP consulted with USAID CLE on its experience in using an Excel spreadsheet for tracking the enforcement of judgments, as was suggested by USAID.

It should be noted that, in view of its final determination not to modify the Database for its own purposes, PRP did not finalize its preliminary report on the Database to reflect USAID’s comments, since that report was premised on the view that PRP would modify and use the Database for PRP’s caseflow management initiative.

DATA-GATHERING IN COM’S COMMENCED BY PRP CASEFLOW MANAGEMENT STAFF. In this Quarter, PRP completed hiring procedures for three Court Record Management Specialists (CRMs) to work in the Basic Courts of Gjilan/Gnjilane, Ferizaj/Uroševac and Pejë/Peć to gather caseflow management data. The CRMs have been introduced to the judges of their respective courts and have been successfully integrated into those courts.  PRP provided training to the CRMs on the Excel spreadsheet and the CRMs have commenced gathering data on pending civil cases.

MAKING JUDICIAL PRACTICE IN PROPERTY LAW MORE CONSISTENT, UNIFORM AND PREDICTABLE. During this Quarter PRP began compiling and analyzing decisions of the Court of Appeals involving property and civil law claims, to identify problematic legal issues facing the lower courts in adjudicating such matters and identify inconsistencies in their application of the law.  Results of this analysis will be used to develop recommendations to help courts improve the adjudication of such claims and to make their practice more consistent and predictable.

ADDITIONAL TOPICS TO BE INCLUDED IN THE REPORT ON MINORITIES’ PROPERTY RIGHTS. In the previous quarter PRP submitted to USAID drafts of two additional and comprehensive analytical reports – “Informality in the Land Sector: The Issue of Delayed Inheritance in Kosovo” and “Issues Affecting the Ability of Members of Minority Communities in Kosovo to Exercise Their Property Rights.” The first of the two reports presents PRP’s analysis of and proposed solutions for the challenges posed by the fact that many land records are registered in the name of deceased persons. The second of the two reports presents findings and recommendations related to issues faced by displaced persons and members of minority communities in connection with their property rights.

After receiving comments from USAID on both reports, in this Quarter PRP revised them accordingly and submitted revised versions to USAID. USAID has approved the report on delayed inheritance. As for the report on minorities’ property rights, USAID has accepted the report but has requested that the report be expanded to include two additional topics – the challenges facing minorities in connection with actions taken by the Kosovo Privatization Agency and in taking part in judicial proceedings. PRP will complete this additional research and finalize the report during the next quarter.

Objective 3: Enhanced Women’s Rights to Use Property in Practice

MEDIA CAMPAIGN EXPANDED. This Quarter saw an expansion of PRP’s media campaign on women’s property rights. Additional public service announcements were released for dissemination through TV, radio and social media; and the media coverage given to the campaign was extended to include local TV and radio stations in both Albanian and Serb communities. Anecdotal accounts indicate that the campaign is generating discussion within Kosovo society.

NATIONAL GRASS-ROOTS CAMPAIGN COMMENCED. PRP has begun a number of activities designed to bring the campaign on women’s property rights to local communities using a variety of means and approaches. In this connection, PRP has also made preparations for a launch event for its national grassroots campaign, which will be held in Viti/Vitina on July 19 with the US Ambassador scheduled to attend.

SUPPORT FOR ABILITY OF SPOUSES TO REGISTER PROPERTY JOINTLY. PRP has provided a range of support for the development of the Administrative Instruction (AI) to allow spouses to register property jointly. Following on PRP’s previous support to the Agency for Gender Equality (AGE) in drafting the AI and consulting with other relevant government bodies, such as the Kosovo Cadastral Agency and the Ministry of Finance, during this Quarter PRP produced an animated video public service announcement, with Albanian and Serbian versions, that is being broadcast on Kosovo TV to inform the public that spouses can now register property jointly. The animated video was unveiled at the round-table on the AI that was sponsored by the AGE and chaired by the Prime Minister, with remarks by USAID Mission Director James Hope.

PRP’S OUTREACH TO JOURNALISTS PRODUCES MORE WELL-INFORMED COVERAGE OF PROPERTY RIGHTS ISSUES. PRP and the MoJ conducted a roundtable for journalists to give them a better understanding of the property rights issues confronting Kosovo today and of the measures being taken to address them in the National Strategy. The roundtable gave the journalists a heightened interest and deeper comprehension of the subject and of how these problems are creating difficulties for citizens in their daily lives. This was evidenced by an increase in coverage of property rights issues in the national media.

Objective 4: Improved Communication, Access to Information and Understanding of Property Rights

RESEARCH AND FIELD WORK COMMENCED IN MUNICIPALITY. During this Quarter PRP began to implement in Viti/Vitina PRP’s action plan of activities to promote reforms at the municipal level. These activities entail desk research and on-site interviews with officials and citizens to identify ways to improve the delivery to citizens of municipal services related to property rights. PRP developed the action plan in close cooperation with the Viti/Vitina municipal administration.

To bolster the close ties developed with Viti/Vitina and to draw the attention of the local community to PRP’s public outreach on women’s property rights, PRP also conducted a children’s art activity in Viti/Vitina that was followed by a press conference featuring the Viti/Vitina Mayor and USAID, as is planning to hold the launch event for its national grassroots campaign in Viti/Vitina in July 2016.