Document Type: Progress Reports

ERC completed its Work Plan for Year 4 during the past quarter.  The Work Plan outlines activities to be completed during the period and presented two funding options:  Plan A (which had more limited activities and funding) and Plan B (which included additional activities and funding). During the course of the quarter, ERC was informed that USAID would fund all activities under Plan B. The ERC contract will be modified as needed to accommodate this change and new funds will be obligated.

The ERC Task Order covers a variety of tasks and activities operating at different stages. This quarter several activities were completed. This includes an endline impact evaluation (IE) of two USAID programs:  the Ethiopia Strengthening Land Tenure and Administration Program (ELTAP) and the Ethiopia Land Administration Program (ELAP) under Task 1. This work represents the first completed endline impact evaluation under ERC and it also closed out Task 1. Under Task 2, ERC closed out activities for the Property Rights and Artisanal Diamond Development (PRADD II) impact evaluation. Several academic journal articles, which are based on impact evaluation work of USAID’s land programming, were finalized and submitted for publication in peer-reviewed journals. Finally, during this quarter the Mobile Application to Secure Tenure (MAST) pilot project closed out.

Other activities under Task 2 are progressing well. In Zambia, ERC presented results from baseline reports for the Community-based Forest Management Program (CFP) and for the Tenure and Global Climate Change (TGCC) program to the USAID Mission and other stakeholders. Baseline data collection for the Ethiopia Land Administration to Nurture Development (LAND) impact evaluation in the Afar region is completed and data is being reviewed. ERC also completed revisions for the baseline report and prepared for mid-line evaluation of the Community Land Protection Program in Liberia and worked with the NGO Namati to incorporate Monitoring and Evaluation (M&E) findings into the impact evaluation.  Finally, pre-analysis planning for several IEs got underway this quarter.

Under Task 3, ERC worked closely with sub-contractor Bixal and USAID to identify needs, improve functionality and revise the design of the E3/Land offices’ website:  www.usaidlandtenure.net. The redesign will continue throughout the summer and the new site should be ready to be launched in the early autumn of 2016. New communications products were developed this quarter including brief Factsheets that communicate critical information about the effectiveness of land tenure intervention. ERC also produced first draft of updates for 11 Country Profiles and worked with authors to revise a number of these based on comments from USAID and other reviewers. ERC also continued to produce social media materials to communicate key messages related to USAID’s impact in the land sector and to place a human face on this work.

Activities under Task 4 were limited this quarter. Given that Plan B activities were approved, ERC began planning for the next iteration of the Massive Open On-line Course (MOOC) on Land Tenure and Property Rights, working with E3/Land Office staff to conceptualize a new module on geospatial information and land tenure programming. ERC will work with presenters to develop new modules on common property and the USAID programming cycle in the coming quarter.

Under Task 5, as noted above, the MAST pilot project closed out. The pilot worked in three rural villages in Tanzania to map and record land rights and to deliver formal land rights documents to villagers. During the next quarter ERC will coordinate activities with USAID/Tanzania’s Land Tenure Assistance (LTA) Activity to ensure that formal documents are finalized for delivery to villagers in Kitayawa, the third pilot village and to ensure that MAST’s government partner, the District Land Office, has the data (and access) it requires to continue to manage this land rights information.

In Burkina Faso, ERC conducted a Needs Assessment to identify what would be required to adopt the MAST technology for use in the country. The Assessment identified the National Land Observatory as a strategic organization to deploy MAST in Boudry Commune.  ERC is supporting the NLO as it transitions from start-up phase to its projected role as an important member of the land sector in Burkina. This quarter, the NLO produced initial research papers that represent early efforts to develop and share land information.

Finally, ERC worked with USAID to implement a final pilot that is focused on Responsible Land-Based Investment. During this quarter ERC selected a set of eight participants who will co-create approaches to “road test” the New Alliance’s Analytical Framework for Responsible Land-Based Investments in African Agriculture. This group was selected from the 41 respondents to a Call for Expression of Interest that was issued earlier in 2016. During the quarter ERC also worked with USAID to arrange for a co-creation workshop that will be held simultaneously in Landover, MD and in Pretoria, South Africa early next quarter.

This quarter ERC also wishes to share the following learnings from work under Tasks 1 and 2.  We will plan to share learnings for Tasks 3-5 in the next quarterly report:

• The rigor and validity of our impact evaluations is greatly improved through the development of M&E data collection tools and collection of qualitative and quantitative M&E information regarding program implementation. This process was used for the TGCC IE and is being replicated for CLPP. The M&E data is used to improve the endline instruments and analysis plan and can also be integrated into the IE datasets.
• In sensitive study settings it is particularly important to have stakeholder buy-in across multiple groups. ERC is, for example, working closely with E3/Land and program designer Namati on a collaborative multi-stage instrument development process with key in-country stakeholders. This instrument design process is consensus-based in order to foster support for the study and investment in its success across actors.
• As evidenced by ERC’s experience with the CLPP evaluation, in cases where it becomes infeasible to continue an impact evaluation, the evaluation can be adapted into a rigorous performance evaluation and this can provide critical information and feedback for policy makers about the program.
• Community listing in advance of the baseline survey is very valuable for both sampling and design purposes and to discover logistical challenges that a survey firm may face in advance of the full baseline survey. ERC recommends that USAID continue to plan the time and budget for this process in future baseline surveys.
• Switching to SurveyCTO provide significant cost savings in terms of time for data checking, coding and cleaning. ERC recommends using SurveyCTO for all future surveys: the monthly cost is easily offset by labor cost savings.
• ERC will, in future contracts with survey firms, require the firm to submit the names of those persons who will do qualitative translation work at the same time that a firm submits the names of the enumeration team. ERC will also clearly identify any qualitative materials that need to be submitted along with the final transcripts in the deliverables section.

The Evaluation, Research and Communication (ERC) project is a five-year Task Order under the USAID Strengthening Tenure and Resource Rights (STARR) Indefinite Quantity Contract implemented by Cloudburst Consulting Group, Inc. (Cloudburst). The purpose of ERC is to create, expand, and communicate the results of evidence-based knowledge around best land tenure and property rights (LTPR) practices in order to enhance internal USAID and external U.S. government (USG) learning, guide program design and implementation, and make the most effective use of limited development resources to accomplish key USG development objectives, including expanding economic growth, improving food security and agricultural productivity, limiting conflict, empowering women, addressing global climate change and improving natural resource management.

ERC supports achievement of USAID’s Climate Change and Development Strategy under Strategic Objective 1 Intermediate Result 1.2 that includes “ensuring the rights and engagement of local and indigenous communities” in conjunction with a focus on improving tools and capacity for land-use planning to reduce deforestation. ERC also supports biodiversity conservation through collection and dissemination of evidence-based knowledge on how secure land tenure and property rights can incentivize sustainable land use and protection of valuable ecosystems including the forest, water, and wildlife within them. ERC employs a multidisciplinary approach that aligns with USAID Forward principles of learning and evidence-based programming as well as gender equality and female empowerment.

ERC includes five task areas:

• Impact evaluation, including conducting evaluation of Land Tenure and Property Rights (LTPR) activities and components and supporting enhanced impact evaluation capacity of USAID staff;
• Research, focusing on providing rigorous evidence for LTPR theory of change and testing development hypotheses as well as innovative approaches;
• Communication of LTPR-related messages, information, and knowledge to raise awareness and advance cost-effective LTPR programming in USAID and other implementing organizations;
• Training of USAID staff and partners in LTPR principles and programming approaches; and
• Conducting pilot activities of promising innovative approaches in LTPR.

During this quarter ERC activities focused on three main areas: planning and preparation for Year 3 activities; leveraging the analysis and reporting related to the growing evidence base resulting from ERC IE work, and expansion of activities under the two ERC pilot activities.

The Tenure and Global Climate Change (TGCC) program provides USAID with the opportunity to explore the relationship between the governance of agriculture, forests, and fisheries landscapes and achieving sustainable land use and resilient communities through technical analysis, field work, and policy engagement. During this quarter, major activities included:

Zambia: The Petauke District Land Alliance (PDLA) undertook training on household land demarcation and launched efforts to systematically document household rights across Sandwe Chiefdom. The Chipata District Land Alliance (CDLA) continued supporting chiefs to sign and distribute customary land certificates and supported communities through the process of requesting changes to certificates, including division of parcels and documenting new parcels. TGCC completed research with four Zambian civil society organizations (CSOs) and researchers on customary land issues. TGCC started preparations for long-term sustainability of the program through increased coordination with the Ministry of Lands and the anticipated World Bank Integrated Sustainable Forest Landscape (IFSL) program, as well as through convening workshops with other customary land documentation organizations. TGCC also continued coordination with the government on national land governance priorities, including national land-titling program, community forestry statutory instruments and the draft national land policy.

Burma: TGCC mobilized a new country coordinator in this quarter, following the unexpected passing of Nick Thomas in late 2016. With USAID/Washington’s visit to Burma, TGCC established new relations and a work plan with the new Economic Growth team at USAID/Burma. The Resource Law Specialist (RLS) continued work with the Agricultural Policy Unit and supported analysis of revisions to a range of land-related laws. TGCC launched efforts with four new CSO partners to pilot participatory mapping approaches and undertook new analysis to identify appropriate partners for an additional pilot site in the dry zone of Sagaing Region. The program launched efforts to establish a work plan for continued support to use participatory maps in the first and second pilot sites, and also began to consolidate communication and outreach materials for use over the coming year and post-program implementation.

Vietnam, Mangroves, and Marine Tenure: Activities started in full in Tien Lang District during this quarter through a partnership with the Winrock International-implemented Vietnam Forests and Deltas (VFD) program. A launching ceremony and initial participatory coastal resources assessment were undertaken in the district. Modalities for collaboration with district government were further clarified. The global and Tanzania mangrove reports (full report and briefs) produced with the Center for International Forestry Research (CIFOR) were finalized; TGCC is awaiting responses from USAID on the Indonesia report. TGCC completed an Indonesia marine tenure assessment and received positive feedback on previous assessments alongside a Global Oceans Summit in February. The results are being consolidated into a public summary.

TFA 2020: This quarter saw the completion of the Ghana implementation plan and the launching of activities with ECOM and Hershey’s on land tenure strengthening and financing models for cocoa rehabilitation. USAID also gave TGCC a green light to support development of a civil society platform for geospatial documentation of community land claims in Paraguay as part of an engagement with the beef sector.

World Bank Conference: TGCC played a prominent role at the Annual World Bank Land and Poverty Conference in March 2017 with eight presentations, including four from Burma, three from Zambia, and one on mangroves. Additionally, TGCC made two presentations to USAID on TFA 2020 and Zambia. For the conference, TGCC developed a series of infographics and a video on the land documentation process in Burma. The participation of Chieftainess Mkanda from Zambia also demonstrated USAID’s commitment to ensuring that voices of beneficiaries are heard at the global level.

Challenges: TGCC worked through the mobilization of the new Country Coordinator in Burma, Emiko Guthe, during this quarter, as well as revisions to the Year 5 work plan for all countries. TGCC is in the position of both scaling up activities (particularly in Ghana, Paraguay, and Vietnam), while also keeping an eye on project close-out, with in-country activities ending in December 2017.

Priorities: In the coming quarter, TGCC will finalize the Year 5 work plan, inclusive of sustainability plans for key activities. The program will further consolidate project communications and outreach activities, particularly around reporting impacts and lessons learned. Key written deliverables will be produced and shared with USAID, particularly around field methods and assessments.

The Land Governance Support Activity (LGSA) Task Order under the Strengthening Tenure and Resource Rights (STARR) Indefinite Quantity Contract. 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, World Resources Institute (WRI), 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.

Within 30 days of contract award, a two day work planning and partnering meeting was held in Monrovia, Liberia to review project objectives, clarify roles and relationships to meet project goals and to focus on the development of partnering relationships to ensure successful project implementation. During the second day of meetings, the LGSA team met to discuss finalization of the work plan, focusing on Year 1 activities, but also looking ahead to Year 2 and subsequent years’ activities. An inception plan including both the year one work plan and the Monitoring and Evaluation plan was prepared and submitted to USAID for approval.

Throughout the Year 1 work plan, LGSA makes the assumption that the Land Rights Bill and Land Authority Bill would be passed in a timely fashion. Nonetheless a risk analysis and mitigation measures were prepared to highlight possible project implementation constraints.

LGSA embedded the COP within the LC/LA where he spends half of his time providing day-to-day advice and mentorship on direction of the legal framework and general technical assistance. The COP worked with the Land Commission to prepare submissions and to review the content of the discussion on two pieces of legislation (the Land Rights Bill and the Land Authority Bill) currently under consideration by the Legislature. Various other technical specialists from LGSA are partially embedded within the LC/LA.

In December LGSA Consultant John Bruce reviewed the regulatory framework for future work in this area focusing on updating his 2010 study on land reform, completing a review of the processes undertaken by the Land Commission in the development of the current draft legislation, providing an analysis of the status of legal and regulatory review process, suggesting a prioritization of laws and regulatory reforms needed in the future, and identifying possible constraints to this process.

Also in December of 2015, the LGSA in coordination with the Land Commission began the first of a series of public awareness campaigns designed to provide information to the public on the proposed Land Rights Bill and Land Authority Bill. This is discussed at length under Component 4 activities below.

In December, LGSA’s organizational development specialists, Ivan Ford (Land Governance Advisor) and Archie Bawo (Land Administration Specialist) began work on the Institutional Reform process. This included a review of recent policies, laws and regulations; development of an institutional map of land governance institutions in Liberia at the national, county, and community levels; a review of the World Bank’s draft Assessment of Land Sector Training Needs and Training Plan; consultation with government entities on a transition plan; meetings with legal experts and civil society for input; and began preparation for organizational audits to occur in early 2016.

Namati is currently reviewing literature and project implementation experience in community land rights to inform the process for the development of an action research agenda. Namati has also begun work on the creation of a Civil Society Organizations (CSO)/Nongovernmental Organization (NGO) inventory to determine who has been working on land issues at the national, county, and sub-county levels. It is expected that some of these organizations will be able to assist in the community self-identification and mapping exercise in the 45 pilot communities.

In the first quarter, the LGSA team undertook a preliminary publicity campaign to increase public information about the Land Rights Bill and Land Authority Bill and the progress towards getting the legislation passed, giving citizens and community members talking points to meet and discuss with their national and community leaders, and engaging local media institutions to encourage the dissemination of land governance-related information into the public domain.

Administratively, all senior and administrative project staff have been hired. Two technical staff positions remain unfilled (Grants and Subcontracts Specialist and the Community Engagement Specialist (which will be under Namati)). Office space and housing have been secured for COP and DCOP. Financial management and procurement procedures have been established and are functioning. Personnel, vehicle, and security handbooks have been finalized.

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, World Resources Institute (WRI), 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 our 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 neither bill has moved through the legislature. An Interim Land Task Force has been appointed to institutionally bridge the gap between the Land Commission and the Liberia Land Authority. LGSA has updated the risk analysis and mitigation table to reflect the current situation.

Delays in the legislative agenda have not had a significant impact on LGSA’s ability to continue project activities. Second quarter activities have focused on: the completion of an institutional audit of the Center for National Documents and Records Agency (CNDRA) and the development of a draft transition plan for the Liberia Land Authority; the completion of work plans of institutional partners, including a workshop which lead to consensus for the action research agenda to inform the customary land rights recognition process, and the development of concept notes to implement that research agenda; the finalization of the Monitoring and Evaluation Plan (MEP); the development of a gender strategy, completion of a gender assessment, and provision of a gender training for LGSA staff; continuation of the public awareness campaign on the Liberia Land Authority and Land Rights Bills; and work with the Professional Surveyors Association to revitalize that association.

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. Office space and housing have been secured for the Chief of Party (COP), Deputy Chief of Party (DCOP), and Land Governance Adviser. Financial management and procurement procedures have been established and are functioning. Personnel, vehicle, and security handbooks have been updated where appropriate.

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.”