Document Type: Progress Reports

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

This Quarter saw PRP advance its initiatives significantly under all four Objectives. Under Objective 1, PRP has continued to support the timely development of legislation to implement the NSPR and assist the GoK in tracking its implementation. Under Objective 2, two CoMs have taken steps to institutionalize the Caseflow Management (CFM) reforms introduced by PRP, which have resulted in greater efficiency and improved court performance in adjudicating property rights cases. PRP has advanced its initiative with the Supreme Court to produce guidelines for lower courts to improve their substantive practice in property rights law. Under Objective 3, PRP continued its public outreach on women’s equal property rights with a range of activities. Under Objective 4, PRP has moved forward a number of initiatives that are designed to improve municipal governments’ services to their citizens. In addition, PRP has produced two publications that will help bring Kosovo’s property rights regime into line with best international standards and practices: summaries in Albanian and Serbian of 144 key decisions of the European Court of Human Rights that concern property rights; and an Albanian translation of European valuation standards.

OBJECTIVE 1: BETTER COORDINATION AND POLICY PRIORITIES                                        

PROGRESS TO IMPLEMENT THE NSPR

To date, action has been taken on 89% of the pieces of legislation contemplated by the three-year NSPR Action Plan, and the Government has begun implementing 66% of measures called for by the Action Plan. Activities are being implemented on time cross all five NSPR objectives. A status update for each piece of legislation is discussed below.

INITIATING STATUS UPDATE ON NSPR IMPLEMENTATION

PRP and the Strategic Planning Office of the Office of Prime Minister (SPO) agreed to conduct a comprehensive analysis of the implementation of the NSPR during the past six months.

ASSISTING STAKEHOLDERS IN REPORTING

PRP assisted the MoJ in preparing a Summary Report for the Minister of Justice to present at the meeting of the Inter-Ministerial Coordination Group on Human Rights; and in updating the Economic Reform Programme (ERP) on activities on property rights. PRP also provided comments on the Draft Report prepared by the EU Twinning Project on Support to Kosovo Institutions on the Stabilization and Association Agreement; and reviewed the MFA’s Draft Analyses on the State of Economic Diplomacy. The MoJ requested PRP to conduct this review to identify recommendations that bear on the National Strategy on Property Rights which could have an impact on economic development and increasing investment.

CLOSE COORDINATION CONTINUES WITH THE EU-FUNDED SUPPORT FOR THE CIVIL CODE PROJECT, PHASE 2 (CCP2)

PRP and CCP2agreed on the approach for legislating property rights in the Civil Code and special laws developed under the NSPR. PRP documented the agreement, with USAID comments in a memo signed by both projects and jointly presented to the Ministry of Justice (MoJ).

INFORMING INTERNATIONAL STAKEHOLDERS ABOUT THE KPCVA LAW

PRP met with representatives of, respectively, the US Embassy, United Nations High Commissioner for Refugees (UNHCR) and the European Union Special Representative (EUSR) in separate meetings to explain the thrust of the proposed amendments and secure support for this initiative.

EXPLORING COLLABORATION WITH THE OFFICE OF THE OMBUDSPERSON ON PROPERTY RIGHTS ISSUES

Potential areas of collaboration with the OO include: supporting a fully open and transparent cadastre; eliminating property transaction tax; eliminating requirement to demonstrate payment of property tax to obtain property rights certificates contrary to Kosovo law; amending Law on Anti- Money Laundering to exempt transactions prior to 2005 to reduce informality.

ALBANIAN TRANSLATION OF EUROPEAN VALUATION STANDARDS COMPLETED AND PUBLISHED

PRP published the translation and is distributing copies to appraisers, judges, lawyers, notaries and relevant officials. PRP is also seeking to have digital versions of these texts posted in the web pages of the Kosovo Association of Appraisers and other institutions.

OBJECTIVE 2: IMPROVED COURT PROCEDURES RELATED TO PROPERTY CLAIMS             

INSTITUTIONALIZATION OF CASE FLOW MANAGEMENT REFORMS

The Peje Basic Court has permanently hired Legal Associates (LAs) to carry out the functions defined in PRP’s CFM assessments to improve court efficiency. The hired LAs were previously trained and seconded to the court by PRP. The LAs contribution to court efficiency was recognized by the court and the KJC and the position will now become permanent with state funding.

IMPROVED CFM PRACTICES CONTINUE TO PRODUCE POSITIVE RESULTS

PRP’s support to the CoMs since December 2016 have assisted judges to issue a total of 10,625 decisions including 2, 059 decisions to dispose the case, and 8,566 procedural actions related to the first and second stages of a case to more efficiently and quickly advance the cases to final disposition.

PRP AND THE JUDICIAL STRENGTHENING SUPPORT PROJECT (JSSP) COLLABORATE TO PRODUCE COURT GUIDANCE

The two USAID projects combined JSSP’s Bench Book with PRP’s Practical Guide on the Adjudication of Property Rights Cases in Kosovo into a single product to help improve court performance. JSSP acknowledged the value of PRP’s contribution to include more practical guidance to resolve property claims and disputes which present particular legal challenges judges must resolve.

COLLABORATION WITH SUPREME COURT TO PRODUCE GUIDELINES ON PROPERTY RIGHTS DISPUTES

This initiative will assist the Supreme Court to help lower courts deal more effectively and uniformly with issues in property rights disputes. PRP has identified 139 Supreme Court decisions that address these issues and has helped the Supreme Court hire four legal assistants to support the judges to produce the guidelines.

SUMMARIES PUBLISHED IN ALBANIAN AND SERBIAN OF 144 DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS ON PROPERTY RIGHTS

PRP has produced a volume of 144 summaries in Albanian and Serbian of decisions of the European Court of Human Rights (ECHR) that concern property rights. ECHR decisions are incorporated into the applicable law in Kosovo and the summaries will assist judges and lawyers comply with ECHR guidance. The Kosovo Supreme Court and Kosovo Judicial Academy have posted digital versions of the ECHR Case Summaries on their web sites and PRP supported a public event to raise awareness about the initiative and citizens’ human rights as they pertain to property.

DEVELOPING TRAINING MODULES ON LEGAL TOPICS

In close collaboration with the Kosovo Academy of Justice (KAJ), PRP commenced development of training modules on Gender Sensitivity; ECHR Practice in Property Rights; and Property Rights Issues in Kosovo Judicial Practice. PRP has identified and hired four local experts to provide STTA to develop these training modules, they will work closely with their KAJ counterparts.

AMENDING KPCVA LAW TO CREATE EXPEDITED PROCEDURES FOR ADDRESSING INFORMALITY

PRP prepared the Explanatory Memorandum to support the GoK adoption of the amendments. The draft legislation is now in Parliament.

INITIATIVE LAUNCHED FOR MODERN NOTIFICATION PRACTICE THAT STRENGTHENS DUE PROCESS

PRP has commenced discussions with the Office of the Official Gazette (OOG) to publish notice of property rights proceedings and decisions issued by GoK institutions. PRP has provided the OOG with an analytical memorandum on the proposed initiative and a draft Memorandum of Understanding. Thus far the OOG has been very receptive.

OBJECTIVE 3: ENHANCED WOMEN’S RIGHTS TO USE PROPERTY IN PRACTICE                 

ROBUST MEDIA CAMPAIGN CONTINUES ON WOMEN’S PROPERTY RIGHTS

PRP arranged for existing public service announcements (PSAs) to be aired again, with a billboard campaign conducted in parallel to complement the PSA campaign. In addition, PRP finalized the concept and completed production of a new PSA that will begin airing in October 2018. PRP also arranged for the Head Banner in prominent social media to promote women’s property rights and PRP’s other outreach activities.

SUPPORT TO ENGAGEMENT FOR EQUITY (E4E) SUB-GRANTEE CONDUCTING OUTREACH IN GJILAN MUNICIPALITY

PRP has supported the E4E sub-grantee, “Gruaja Hyjnore,” with information leaflets and brochures for use in their lectures and dissemination activities. Gruaja Hyjnore held number of awareness- raising workshops and meetings with women in the Gjilani area, including in villages and with the high school students.

HELPING MGO’S INCREASE PUBLIC ENGAGEMENT IN SUPPORT OF WOMEN’S PROPERTY RIGHTS

PRP is working closely with Municipal Gender Officers (MGO’s) in Suharekë/Suva Reka, Mitrovicë/Mitrovica, Lipjan/Ljipjane, Gjakova/Đjakovica, Dragash/Dragaš, Viti/Vitina and Shtërpcë/Šterpce — to develop joint plans of activities in their communities to support women’s property rights. In that connection PRP and the MGO from Suharekë/Suva, Reka held a workshop with the local assembly women’s caucus and municipal staff on women’s property rights. The workshop concluded with a list of recommendations from the participants on how local assembly members and municipal staff can support women’s property rights in their municipality.

PREPARATIONS COMPLETED FOR END-LINE NATIONAL SURVEY ON PROPERTY RIGHTS

PRP has awarded the subcontract to UBO Consulting (UBO) to conduct the end-line survey. It is expected that UBO will begin its work on or about October 1, 2018 and will complete it by the end of February 2019. UBO will survey 1,500 households, which is the number required to produce a statistically significant sample that is representative for the entire country.

PRP CONCLUDES SUCCESSFUL SERIES OF REGIONAL ROUNDTABLES FOR MOC’S

PRP completed its series of five regional (30 municipalities) training workshops on property registration service delivery, with the fifth regional workshop for MCO’s held in Peja/ Peć. The workshops were designed to focus attention and foster constructive discussion on specific challenges and problematic issues confronting MCOs that PRP has identified through its work with MCOs to date. PRP prepared and distributed to all the participants a detailed analytical memorandum that described the issues and challenges that were discussed; included recommendations on how they can be addressed; and indicates where and how PRP will help address the problems identified.

MUNICIPALITIES POSTING PRP’S “HOW TO REGISTER…” BROCHURE SERIES ON THEIR WEBPAGES

PRP has produced brochures that provide citizens with guidance on registering property rights arising in four different scenarios (from inheritance; purchase and sale; court judgment; and gifts). Thus far, eleven municipalities have published digital copies of the brochure on their websites.

SECOND GENERATION E-KIOSKS BEING EXTENDED TO FOUR ADDITIONAL MUNICIPALITIES

PRP held a competitive procurement and concluded contracts with two subcontractors to upgrade six e-kiosks in four municipalities. PRP has also facilitated cooperation between each sub-contractor and the Kosovo Cadastral Agency (KCA) to ensure the e-kiosks are correctly linked to the Kosovo Cadastre Land Information System (KCLIS).

INITIATIVE NEARLY COMPLETED TO ELIMINATE BACKLOG OF UNREGISTERED TRANSACTIONS IN ŠTRPCE/SHTËRPCË MUNICIPALITY

PRP continued to provide technical assistance by way of an STTA Expert and intern to support the Municipal Cadastral Office (MCO) to eliminate its large backlog of unregistered property transactions. To date around 4,400 files have been entered into the KCLIS, out of an estimated 5,000 total. The backlog arose when the Municipal Assembly issued an order prohibiting registration of inter-ethnic transactions. The order was subsequently nullified, but during that time the number of transactions that were submitted for registration accumulated, and the MCO did not have the resources to register them and attend to ongoing duties. Approximately 90% of the backlogged files (5,000) will be registered by the end of October 2018. Further action will need to be delayed until January, owing to Kosovo law governing short-term and long-term employment.

MUNICIPALITIES SELECTED FOR NEW LEASING INITIATIVE

PRP has commenced an initiative to assist selected municipalities in leasing municipal arable land to the private sector. Following the conclusion of the regional workshops with MCO’s, PRP made fact- finding trips to ten potential partner municipalities to ascertain their officials’ level of support for this initiative. PRP also consulted with USAID AGRO, USAID EMPOWER, USAID P4D and USAID AKT- LS. On the basis of its findings PRP has proposed six municipalities — Gjakovë, Peje, Gracanicë, Shtime, Malisheve and Istog – and USAID has given its approval.

IMPROVING THE LEGAL FRAMEWORK FOR LAND CONSOLIDATION

PRP has developed close contacts with the Ministry of Agriculture (MoA), which is responsible for land consolidation; and with the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) project that is assisting the MoA in this area. PRP has agreed to assist in amending the current Law on Land Consolidation. During this Quarter, PRP developed its own analysis and recommendations of the key issues that should be addressed and presented it to the MoA and GIZ. It is expected that the MoA will present these issues for discussion when it forms a working group to develop amendments to the Law.

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 PRP advance its initiatives significantly under all four Objectives. Under Objective 1, PRP has continued to support the timely development of legislation to implement the NSPR and assist the GoK in tracking its implementation. Under Objective 2, all three Courts of Merit (CoMs) have taken steps to institutionalize the Caseflow Management (CFM) reforms introduced by PRP, which have resulted in greater efficiency and improved court performance in adjudicating property rights cases. PRP has advanced its initiative with the Supreme Court to produce guidelines for lower courts to improve their substantive practice in property rights law; and its joint publication with USAID JSSP on civil practice. Under Objective 3, PRP continued its public outreach on women’s equal property rights with a range of activities. Under Objective 4, PRP has moved forward a number of initiatives that are designed to improve municipal governments’ services to their citizens. In addition, PRP has produced and distributed two publications that will help bring Kosovo’s property rights regime into line with best international standards and practices: summaries in Albanian and Serbian of 144 key decisions of the European Court of Human Rights that concern property rights; and an Albanian translation of European valuation standards.

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

The absence of an effective property rights framework in Kosovo weakens democratic governance, impacts human rights, disempowers women and impedes sustainable economic growth. The USAID/Kosovo Property Rights Program (PRP) assists the Government of Kosovo (GoK) to implement its National Strategy on Property Rights (NSPR), developed with PRP support, and strengthen property rights legislation; supports the development of improved court procedures and practices to efficiently adjudicate property claims and disputes; conducts public outreach campaigns to prompt changes in social attitudes and behavior concerning the ability of women to exercise their property rights and works closely with civil society organizations to support related activities; and improves service delivery in municipalities to increase the general public’s understanding of property rights and make it easier for citizens to exercise their property rights.

With the GoK adopting the NSPR in January 2017, PRP is now working closely with all relevant GoK bodies to implement the strategy’s recommendations. This includes assistance to strengthen the property rights legal framework by ensuring it is modern, clear, harmonized and well-integrated and implementation of activities to help citizens to formalize their property rights.

PRP has been working closely with the Kosovo Judicial Council (KJC) and three Courts of Merit (CoMs) to develop and pilot improved court procedures related to property claims. The piloting initiative has produced significant and demonstrable improvements in the CoMs’ efficiency and effectiveness in adjudicating property rights cases and offers a roadmap for institutionalizing these reforms throughout the judicial system. PRP has applied findings from its close collaboration with CoM’s to develop an initiative with the Supreme Court to produce guidelines for lower courts to accurately and consistently resolve complex property rights disputes. Results produced by PRP in these areas contribute to achieving USAID/Kosovo’s Country Development Cooperation Strategy Development (CDCS) Objective 1 “Improved Rule of Law and Governance that Meets Citizens’ Needs.” Improved legislation and court procedures also support creation of an Improved Economic Governance and Business Environment under the CDCS Development Objective 2 “Increased Investment and Private Sector Employment.”

PRP’s most recent National Survey on Property Rights demonstrates that PRP’s media campaign has sparked debate and discussion in Kosovo concerning women’s property rights (which was reportedly a taboo subject previously) and is producing positive changes in social attitudes and behaviors. PRP is continuing its national media campaign and grassroots public outreach activities on women’s property rights to reinforce these trends. PRP also provides technical assistance to USAID’s E4E partner and E4E sub-grantees (Civil Society Organizations (CSOs)) to develop and implement activities aimed at supporting women’s property rights and to complement PRP’s public outreach activities. In addition, PRP has completed preparations to collect end-line data and produce the final National Survey on Property Rights report by February 2019.

At the municipal level, PRP is working with local administrations to improve their own practices and procedures and services to citizens related to property rights; provide citizens with useful legal information to enable them to more efficiently transact their rights to property; and engage more effectively with their communities on property rights issues.

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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 PRP advance its initiatives significantly under all four Objectives. Under Objective 1, PRP has continued to support the timely development of legislation to implement the NSPR and assist the GoK in tracking its implementation. Under Objective 2, all three Courts of Merit (CoMs) have taken steps to institutionalize the Caseflow Management (CFM) reforms introduced by PRP, which have resulted in greater efficiency and improved court performance in adjudicating property rights cases. PRP has advanced its initiative with the Supreme Court to produce guidelines for lower courts to improve their substantive practice in property rights law; and its joint publication with USAID JSSP on civil practice.

OBJECTIVE 1: BETTER COORDINATION AND POLICY PRIORITIES

PARLIAMENT ADOPTS “INHERITANCE PACKAGE” OF LEGISLATION
The “Inheritance Package” consists of the Law on Notary, the Law on Inheritance, and the Law on Non-Contested Procedure. This legislation provides additional protections to enable women to exercise their right to inherit; and provides a mechanism to facilitate the conduct of delayed inheritance cases.

GOK SENDS TO PARLIAMENT AMENDMENTS TO THE LAW ON THE KOSOVO PROPERTY COMPARISON AND VERIFICATION AGENCY
PRP supported the development of amendments to the Law that give the KPCVA the authority to formalize informal property rights arising from non-formal transactions occurring before 1999. This is designed to create expedited procedures to help address widespread informality in Kosovo’s property sector.

DEVELOPMENT OF IMPLEMENTING LEGISLATION FOR NSPR CONTINUES APACE
The Draft Law on Public Property was sent to the GoK for approval; and the Draft Law on Construction Land and the Draft Law Amending the Law on the Sale of Apartments where a Tenure Right Exists were completed and awaiting only the completion of a budgetary impact analysis). In addition, the Concept Document for the Draft Law on the Transformation of Use Rights in Immovable Socially Owned Property has been completed and is ready for submission to the GoK for approval. Furthermore, PRP has prepared the first draft of the Draft Law on Property Rights of Foreign Citizens.

KPCVA SUPERVISORY BOARD ADOPTS STRATEGY FOR THE KPCVA
The Strategy identifies and prioritizes KPCVA’s activities for the next three years. PRP identified 47 activities that would support the implementation of KPCVA’s new mandate to compare and verify cadastral records that are expected to be returned from Serbia, and of its previous KPA mandate. In addition, as foreseen in the NSPR the KPCVA Strategy also sets a vision for the KPCVA to serve as an adjudicatory body for addressing large-scale informality.

MOU SIGNED WITH OFFICE OF OFFICIAL GAZETTE ON PROPERTY RIGHTS INFORMATION PORTAL
The MoU describes the activities that PRP and the Office of the Official Gazette (OOG) intend to develop to create the means for effective and timely notification of property rights proceedings through a single, easily accessible platform. The MoU was signed by the PRP and the OOG and witnessed by USAID.

RESEARCH IN SUPPORT OF AN OPEN CADASTRE
PRP produced a legal memorandum to demonstrate that there is a clear legal basis for the draft Law on Cadastre to provide for a fully open Cadastre, including the names of owners of parcels (as recommended in the NSPR); and to urge advocacy to overcome the apparent lack of political will to amend the Law on Cadastre accordingly. PRP sent the Memo to the Office of Ombudsperson and to USAID. The Ombudsperson promised to advocate for an open cadastre.

SUPPORT TO GOK INSTITUTIONS REPORTING RELATED TO THE NSPR
PRP supported the MoJ in reporting to the GoK on the actions taken to implement the NSPR and in addressing the Office of the Prime Minister’s (OPM’s) comments on the activities to address informality in the property sector under the Economic Reform Programme (2019-2021).

ACTIVE COLLABORATION WITH THE CIVIL CODE PROJECT
PRP reviewed the Draft Civil Code with a focus on inheritance of immovable property and provided extensive comments to the Working Group. PRP also participated in several meetings of the Working Group; one entire session was devoted to comments received from PRP. In its comments, PRP placed emphasis on the recommendations in the NSPR with respect to matters to be covered by the Civil Code. PRP is also a member of the Civil Code Project Phase 2 (CCP2) Steering Committee and participated in the CCP2 planning meeting.

PARTICIPATION IN MINISTRY OF AGRICULTURE / GIZ WORKSHOP ON LAND CONSOLIDATION
The workshop focused on land consolidation practices in Germany and some countries of the region; the practical and legal challenges for implementing agricultural land consolidation projects in Kosovo, drawing on lessons learned from unfinished) land consolidation projects from the 1980s; and recommendations for amending the current legislation on land consolidation. PRP gave a presentation on the recommendations in Objective 5 of the NSPR, which concerns land consolidation.

MEETING WITH EUROPEAN UNION SPECIAL REPRESENTATIVE (EUSR) ON NSPR IMPLEMENTATION AND EU ANNUAL COUNTRY REPORT
The EUSR meet with PRP to explore formulations that would accurately reflect the state of implementation of the NSPR. Concerns had been raised that the previous EU progress report did not accurately reflect the positive progress that had been made by the GoK to implement the NSPR. The EUSR intends to ensure an accurate assessment that fully reflects positive developments.

OBJECTIVE 2: IMPROVED COURT PROCEDURES RELATED TO PROPERTY CLAIMS

IMPROVED CFM PRACTICES CONTINUE TO PRODUCE POSITIVE RESULTS
Since mid-December 2016, judges in the PRP-supported Courts of Merit (CoM) have issued 11,181 decisions, which reflects a much higher rate of activity than before the caseflow management reforms were introduced.

PRP LEGAL ASSOCIATES HIRED BY COURTS FOR PERMANENT POSITIONS
Six of PRP’s nine Legal Associates (LAs) have been permanently hired, and two have been selected to be hired, by the CoM (and one of the two selected LAs has become a judge). This will help to ensure that the caseflow management reforms developed by PRP with the CoM’s will become institutionalized in those courts.

WORK ADVANCES ON MANUAL ON CIVIL PRACTICE
PRP and USAID JSSP are jointly producing a judicial resource that combines JSSP’s Bench Book with PRP’s Practical Guide on the Adjudication of Property Rights Cases in Kosovo, to provide guidance to judges adjudicating civil cases, with special emphasis on property rights cases, which have proved problematic for Kosovo courts. To date a combine text has been produced in Albanian and Serbian, and it is undergoing proofreading and layout.

SUPREME COURT GUIDELINES NEARING COMPLETION
This initiative will assist the Supreme Court to help lower courts deal more effectively and uniformly with issues in property rights disputes. The Guidelines will be organized around eight subject areas that PRP has identified as being most problematic for Kosovo courts. The Guidelines will use summaries of selected Supreme Court cases to illustrate the proper and improper application of the principles enunciated. The complete first draft is currently under review.

MOU SIGNED WITH KOSOVO ACADEMY OF JUSTICE
PRP and the KAJ executed a Memorandum of Understanding (MOU) witnessed by USAID on the assistance that will be given to KJA in developing training modules on property rights topics and in providing training to judges and legal associates on those topics. The modules will cover Gender Sensitivity; European Court of Human Rights (ECHR) Practice in Property Rights; and Property Rights Issues in Kosovo Judicial Practice. When completed, the modules will be integrated into the KAJ’s formal curriculum. Trainings on the ECHR have begun to be delivered.

JUDICIAL TRAINING COMMENCED ON ECHR PRACTICE
Three of the four regional training sessions were held this Quarter, in Gjilan/Gnjilane, Mitrovicë/ Mitrovica and Prizren. Participants expressed great satisfaction with the subject matter and the trainers’ instruction.

ECHR CASE SUMMARIES POSTED IN DIGITAL FORM BY THREE INSTITUTIONS
The Supreme Court, the Kosovo Academy of Justice, and the Kosovo Bar Association have posted the ECHR case summaries on their webpages:

OBJECTIVE 3: ENHANCED WOMEN’S RIGHTS TO USE PROPERTY IN PRACTICE

NEW PSA PRODUCED AND AIRED ON WOMEN’S PROPERTY RIGHTS
The PSA was aired regularly on TV and radio in October through December 2018 in Albanian and Serbian versions. PRP also conducted a billboard campaign to complement the new PSA.

PREPARATIONS BEGUN FOR TWO NEW ANIMATED PSA’S
PRP has been working with its sub-contractor, Pi Communications, to develop the concepts and style for two additional animated videos to promote positive changes in social attitudes and behavior. These PSA’s will address the importance of writing wills (facilitating the formalization of property rights), and women’s equal property rights.

FIELD WORK COMPLETED FOR THIRD AND FINAL (ENDLINE) NATIONAL SURVEY ON PROPERTY RIGHTS
The Endline Survey will make it possible to take stock of any changes in Kosovo citizens’ knowledge of property rights and in their attitudes and behavior related to women’s property rights during the years of PRP’s activities. PRP will produce its report on the Endline Survey in February 2019.

Preliminary findings indicate that positive trends are continuing with respect to women’s property rights and citizens’ knowledge of property rights in general. Pending verification of the data, it appears the number of respondents with negative attitudes to women’s property rights continues to fall; and the percentages of women who are inheriting property and filing inheritance claims in court continue to rise.

NEW PUBLIC INFORMATION BROCHURE ON WOMEN’S PROPERTY RIGHTS
The brochure provides guidance to citizens that reflects current developments in the law.

INTER-ETHNIC WORKSHOP REVEALS COMMON INTEREST ACROSS COMMUNITIES
PRP held its first inter-ethnic workshop for Albanian and Serbian women. It was very well attended, with around 30 participants. The workshop concluded with expressed recognition that women from both ethnic communities face similar problems with respect to property rights, owing primarily to social attitudes and behaviors. When asked by the Municipal Gender Officer if they would be interested in taking part in further activities in their communities in support of women’s equal rights, the participants affirmed that they would.

CONFERENCE WITH VITI/NA TEACHERS ON INSTRUCTION ON EQUAL PROPERTY RIGHTS
PRP supported Viti/na Municipality in holding the conference, which was attended by over 70 teachers and school directors, on the topic, “The Role of Schools in Providing Education on Gender Equality and Property Rights.” Teachers acknowledged the importance of effective education for gender equality and property rights and provided examples of steps they have taken to improve instruction on these topics. Discussions also revealed continuing resistance among some teachers to the idea of women’s equal property rights and confirmed the need for continued advocacy in this area.

WORKSHOP IN LIPJAN/LJIPJANE WITH MGO AND WOMEN’S CAUCUS
PRP gave a presentation on new legislation affecting women’s property rights and facilitated discussion. The MGO and the Women’s Caucus began planning future joint activities in the municipality.

RADIO PROGRAM IN SUHAREKA/SUVA REKA
PRP and the Municipal Gender Officer (MGO) served as a panel to discuss women’s property rights issues on a local radio program aired on Radio Vala.

COLLABORATION WITH E4E SUB-GRANTEES
PRP has supported the E4E sub-grantee, “Gruaja Hyjnore,” with information products for use in its public outreach activities and took part in a live-streamed teleconference on the Inheritance Package.

OBJECTIVE 4: IMPROVED COMMUNICATION, ACCESS TO INFORMATION AND UNDERSTANDING OF PROPERTY RIGHTS

MUNICIPALITIES POSTING ON THEIR WEB PAGES PRP’S BROCHURES ON PROPERTY REGISTRATION
By the end of this Quarter, 18 municipalities had done so. The brochures provide citizens with clear guidance on registering property rights arising in four different scenarios (from inheritance; purchase and sale; court judgment; and gifts).

SEVEN UPGRADED E-KIOSKS NEARLY READY TO COMMENCE OPERATIONS
The e-kiosks have been upgraded to issue property certificates. The necessary software has been developed and the e-kiosks have been tested successfully. The remaining step is to link the e-kiosks with KCA’s KCLIS information system (for which the KCA has already given approval), after which the e-kiosks will be made available for public use and monitored for performance for one month.

SUPPORTING MUNICIPALITIES IN LEASING MUNICIPAL LAND
During this Quarter PRP began working actively with the six municipalities approved by USAID for an initiative to support municipalities in leasing municipal land on a commercial basis. In each municipality, PRP has worked closely with the MCO’s, each of which has established a Municipal Working Group (MWG) that has identified properties for lease. The MWG’s will forward their recommendations to the Mayor’s cabinet and to Municipal Assembly for approval. The properties to be leased on a short-term will be offered at public auctions, and those to be offered on long-term leases will be advertised.

Agriculture is a key economic driver in Tajikistan that employs 75 percent of its labor force. Despite improvements in land legislation and reduced interference in farmer’s freedom to farm, the current system offers little tenure security and remnants of a collective agricultural system remain, leaving the land reform process and agricultural productivity geographically uneven.

The USAID Land Reform and Farm Restructuring Project (LRFRP) collaborates with the Government of Tajikistan (GoT), to introduce progressive land legislation and polices that support the development of a market in land-use rights and ensure property rights are more secure for farmers throughout the zone of influence. In addition to LRFRP’s focuses on policy and legal development, the project also works to expand awareness of land use rights among stakeholders, facilitates acquisition of land-use certificates, and builds government capacity to effectively monitor and implement the land reform process.

The 2012 land code amendments strengthen the security of land use rights and introduce the concept of alienation of land use rights (i.e., the right to buy, sell, mortgage, lease, donate, or transfer the rights to use specific land plots), providing the foundation for the development of a market in land-use rights. Future progress in land reform in Tajikistan depends upon dehkan farmers gaining the right of alienation. To support this and in cooperation with the inter-ministerial Working Group (WG) on Land Reform Management, LRFRP prepared two decrees that would automatically endow individuals and families with lifelong-inheritable use rights to their household plots and dehkan farmland with transaction rights, including mortgage.

Beyond these discreet activities, LRFRP supports the GoT in three key areas: (1) development of the land policy and legislative framework, (2) building capacity of government officials, farmers, civil society organizations (CSOs) and other rural stakeholders to capitalize on land reform, and, (3) raising awareness of the target population on land rights.

During LRFRP’s second year, the project achieved the following key results:

Land Policy and Legislative Framework Development

• Cooperated with the inter-ministerial working group (WG) on land reform management.
• Hosted and facilitated WG meetings on Land reform management to draft land legislation.
• Finalized the following regulations: (i) Draft Regulation on Establishing Public (Involuntary) Easements; (ii) Draft Rules on Transacting with Land Use Rights in the Land Use Rights Market; (iii) Draft Regulation on Use Rights to Lands Located within Coastal Lines and Public Territories and submitted them to the GoT for consideration and approval.
• Finalized and submitted the Law on Dehkan Farms, including recommendations on gender equality.
• Finalized and submitted a 15-year land strategy for Tajikistan.
• Finalized and submitted a five-year land policy program (implementation plan) for Tajikistan.
• Supported the State Unitary Enterprise on Registration of Immovable Property (SUERIP) to implement new rules on registration.
• Finalized and presented to the inner ministerial WG draft amendments to the Mortgage Law.

Capacity Development of Government Officials, farmers, CSOs, and other Stakeholders

• Printed and distributed more than over 18,000 brochures in Tajik, Russian and Uzbek languages.
• Conducted trainings for SUERIP representatives to introduce new rules on registering immovable property.
• Organized a study tour to Kyrgyz Republic for GoT officials to familiarize the participants with the Kyrgyz experience in registering immovable property, especially registration of land plots.
• Organized an internal study tour to the Sughd region for 22 SUERIP officials to exchange information and experiences.
• Developed a brochure on “Settlement of land disputes” for attorneys to familiarize themselves with the Supreme Economic Court standards and procedures.
• Developed textbook on “Basis of Land Law” in Russian and Tajik languages through grantee Public Organization (PO) Huquq va Rushdi Jomeai Dehot
• Conducted a series of trainings for press secretaries of the Ministry of Agriculture, State Land Committee and a newly created state Agency for Local Development, to better inform them of the land reform process and help use new communication tools and techniques to disseminate information
• Supported 12 legal aid centers throughout the 12 Feed the Future/Tajikistan (FTF/T) districts provide consultations, legal support services, and trainings for rural land users
• Launched activities and work of 67 tashabuskors located across each jamoat in the FTF/T districts

Raising Public Awareness about Land Rights

• Prepared newsletters (8), radio (14) and television programs (7), updated public informational corners with land reform information and disseminated quarterly CDs to raise awareness about land issues and land rights among LRFRP target populations.
• In cooperation with the NGO “Hukukshinoson” prepared 24 theatrical performance in 12 FTF/T districts to increase the project’s reach.
• Signed an agreement with the PO NANSMIT and conducted 6 trainings for journalists and conducted a contest among participants for the best Radio/TV, print and online media.
• Conducted 24 extracurricular classes in 24 schools in the FTF/T districts to increase awareness of 467 high school students, including 227 girls on land reform issues.
• Developed LAC website and facilitated training for 19 representatives from 12 LACs on how to use, maintain and update the website’s information.

Sustainable Public Information and Legal Assistance

• Supported LACs to introduce sustainability business plans and fee-based services.
• Facilitated a focus group discussion for women on their rights to land with the attendance of the U.S. Ambassador to Tajikistan Susan Elliott.
• Organized an internal study tour to the Sughd region for 24 female dehkan farmers from the Khatlon region to familiarize themselves with farm
• restructuring process as well as on the creation of new dehkan farms.
• Organized a one-day workshop on “Women’s Rights to Land: Increasing Potential of Women Leaders in the Khatlon Region” to increase the potential of women leaders in Khatlon and empower them to exercise and protect their land rights.
• Supported farmers to protect their rights to land through LACs and tashabuskors.

The USAID Tajikistan Land Reform and Farm Restructuring Project (LRFRP) strives to support the continuing progress of dehkan farm restructuring and recognition of property rights leading to a market in land-use rights. LRFRP activities are focused on providing assistance and support to the Government of Tajikistan (GoT) through: (1) development of the land policy and legislative framework; (2) building capacity of government officials, farmers, civil society organizations and other rural stakeholders to capitalize on land reform; and (3) raising awareness of the target population on land rights. To ensure sustainability of the project, LRFRP strengthens land-use rights and establishes conditions for land-use rights market-building. The project also works with legal aid centers (LACs), tashabuskors (local activists), and local farmers to enhance their awareness of land-related rights through technical training, legal assistance, and public outreach efforts.

This report covers the third quarter of project Year 3, April – June 2016. The report includes key LRFRP achievements during the period. During the reporting period the project accomplished the following:

Task 1. Land Policy and Legislative Drafting

• Between April-June 2016, LRFRP involved International Land Tax Expert Gulzat Namatbekova to analyze current land tax legislation in Tajikistan. On April 26, 2016, LRFRP organized a round table called “Taxation and other required payments of dehkan farms, including agricultural lands of the RT” for 24 participants to present analyses on taxation issues in Tajikistan and recommendations.
• On May 6, 2016, the project conducted a conference on the Law on Dehkan Farms for members of the WG, representatives from international organizations, Legal Aid Centers, farmers, and media representatives to present the details of the Law on Dehkan Farms.
• On June 1, 2016, LRFRP organized a seminar on the Law on Dehkan Farms for more than 50 Local Government Officials to discuss main details of the Law on Dehkan Farms.
• Between April-June 2016, LRFRP provided technical assistance and equipment (such as computers, printers, and scanners) to increase the capacity of the employees of the second Model Registration Office to implement the registration process in compliance with new registration
  rules.
• On June 15, 2016, LRFRP and the State Unitary Enterprise on Registration of Immovable Property (SUERIP), hosted the official opening ceremony of the Model Registration Office of Immovable Property #2 in the Dusti District.
• On April 14, 2016, LRFRP hosted and an Intergovernmental Working Group (WG) meeting on land reform management to promote land legislation.
• On May 26, 2016, LRFRP organized an outside retreat for the members of the WG to discuss the final draft of amendments to the Civil Code.

Task 2. Build Capacity of Stakeholders to Capitalize on Land Reform

• During the reporting period, tashabuskors and LACs conducted 405 focus group discussions, 129 roundtables, 112 trainings, and 22 seminars for 95 local officials, and provided 5,344 legal consultations to farmers.
• On April 6-8, 2016 and June 14-16, 2016, LRFRP facilitated ToT for LAC and tashabuskors about the new Law on Dehkan Farms and Arbitrage courts.
• On May 12, 2016 and June 13, 2016, LRFRP organized a Female Tashabuskors Exchange Forum in Shahritus and Bokhtar districts for 56 active women tashabuskors of Khatlon region to share and exchange their experiences working with women farmers.
• On April 21, 2016 and May 20, 2016, through a grant agreement, the project conducted a training for 37 journalists and press secretaries from the State Land Committee and Ministry of Agriculture in the targeted districts of Khatlon region on using social media and other new multimedia tools for communications and reporting.
• Between April-June 2016, LRFRP updated and printed brochures on: “Women’s right to land” (1,500 copies in Tajik and 200 copies in Russian languages); “Taxation of Dehkan farms” in Tajik language; “Inheritance of Dehkan farms” was republished with total amount of 8,000 copies in Tajik language;
• Between April-June 2016, LRFRP developed and printed brochures on: “The main goals of the new Law on Dehkan Farms” (4,000 copies in Tajik and 1,000 copies in Russian languages); “Comments to the Law on Dehkan Farms” (2,000 copies in Tajik and 500 copies in Russian languages); and “Termination of land use rights” (4,500 in Tajik and 500 in Russian languages).
• On May 19, 2016, LRFRP organized a training for Legal Aid Centers and practicing attorneys on “Procedure for preparation of application to the Court.”
• On June 30, 2016, the project conducted a presentation of the textbook “Land Law of Tajikistan” for 60 representatives from Ministry of Education, universities, and state agencies. In June 2016, LRFRP updated and printed the textbook “Land Law of Tajikistan” (1,500 copies in Tajik and 500 copies in Russian languages).

Task 3. Land Rights and Farm Restructuring Public Information and Awareness

• Between April-June, 2016, LRFRP and grantee Tajagrofond conducted trainings for 609 schoolteachers on how to incorporate land reform topics in legal studies curriculum in 12 districts. 609 trained teachers conducted classes to increase awareness of land reform and land-use rights among youth for 15,225 students in the 12 FTF districts of the Khatlon region.
• Local media broadcasted three ten-minute TV programs and six fifteen-minute radio programs to highlight land reform in Tajikistan.
• The project produced three editions of the Agroinform newsletter and disseminated 15,000 copies to students, farmers, state employees, and other project beneficiaries.
• The project updated the LAC website on a monthly basis.

Task 4. Support the provision of legal advice and other assistance to promote farm restructuring and the development of a market in land-use rights

• On April 1, 2016, LRFRP hosted a conference with the participation of 50 women leaders, farmers, and representatives of Government agencies to recognize the role of women in the process of land reform in Tajikistan.
• On April 28, 2016 and June 17, 2016, LRFRP, through a grant to PO “Nansmit”, organized a training for 34 employees from 12 Legal Aid Centers on writing and implementing communication strategies.
• On June 24, 2016, LRFRP organized a round table on Restructuring of Dehkan Farms in Khatlon region to discuss farm restructuring process in the Republic of Tajikistan and Khatlon region.