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, implementing legislation for the National Strategy on Property Rights was developed at a steady pace under the caretaker government; and the new government, which came to power on September 9, 2017, has affirmed its commitment to support property rights reform. Under Objective 2, the piloting of the improved case management reforms proceeded apace in the three Courts of Merit, producing real improvements in the courts’ performance, which PRP is documenting. Under Objective 3, PRP continued its public outreach on women’s equal property rights with a range of activities, most notably showing its PSAs in conjunction with the month-long municipal election debates conducted by the E4E sub-grantee BIRN, and securing the inclusion of questions related to property rights during those debates. Under Objective 4, PRP has moved forward a number of initiatives in partner municipalities that are designed to improve municipal governments’ services to their citizens ranging from hardware assets to technical assistance.

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 assists the Government of Kosovo to develop and implement its National Strategy on Property Rights (the National Strategy) and strengthen property rights legislation; supports the development of improved court procedures 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 National Strategy in January 2017, PRP is now working closely with all relevant GoK bodies to support the development of the legislation to help the GoK to strengthen the property rights legal framework by ensuring it is harmonized and well-integrated.

PRP is working closely with the Kosovo Judicial Council (KJC) and four Courts of Merit (CoMs) to develop and pilot improved court procedures related to property claims and will also help courts remove constraints in practice that women face in inheriting property. PRP assistance to improve court performance also informs the development of more consistent judicial practice in adjudicating property claims. 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 is continuing its national media campaign and grassroots public outreach activities in Kosovo communities to prompt changes in social attitudes and behaviors inhibiting women from inheriting and owning property. PRP also provides technical assistance to Civil Society Organizations (CSOs) to develop and implement activities aimed at supporting women’s property rights and to complement PRP’s public outreach activities.

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

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 secured the new Government’s commitment to implement the NSPR, and assisted it to develop legislation to implement the NSPR’s reform recommendations at a steady pace. Under Objective 2, the piloting of improved case management reforms has produced demonstrable improvements in the courts’ efficiency and effectiveness in adjudicating property rights cases; and has prompted judges to call for the institutionalization of such practices throughout Kosovo’s judicial system. Under Objective 3, PRP continued its public outreach on women’s equal property rights with a range of activities, most notably airing PSAs it developed during municipal election debates organized by the E4E sub-grantee BIRN, and securing the inclusion of questions related to property rights during those debates. Under Objective 4, PRP has moved forward a number of initiatives in partner municipalities that are designed to improve municipal governments’ services to their citizens including delivery of technical assistance and installation of hardware assets.

EXECUTIVE SUMMARY

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.

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 secured the new Government’s commitment to implement the National Strategy on Property Rights (NSPR), and has continued to support the timely development of legislation to implement its reform agenda at a steady pace. Under Objective 2, the piloting of improved case management reforms has produced demonstrable improvements in the courts’ efficiency and effectiveness in adjudicating property rights cases; and has prompted judges to call for the institutionalization of such practices throughout Kosovo’s judicial system. Under Objective 3, PRP continued its public outreach on women’s equal property rights with a range of activities that were organized around International Women’s Day. Under Objective 4, PRP has moved forward a number of initiatives in partner municipalities that are designed to improve municipal governments’ services to their citizens including delivery of technical assistance and installation of hardware assets.

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 National Strategy on Property Rights (NSPR) Under Objective 2, the Caseflow Management (CFM) reforms introduced by PRP in its partner courts have continued to register demonstrable improvements in the courts’ efficiency and effectiveness in adjudicating property rights cases; and Kosovo courts have launched hiring procedures for legal associates in response. Under Objective 3, PRP continued its public outreach on women’s equal property rights with a range of activities, with an emphasis on reaching children and youth. Under Objective 4, PRP has moved forward a number of initiatives that are designed to improve municipal governments’ services to their citizens.

 OBJECTIVE 1: BETTER COORDINATION AND POLICY PRIORITIES                                        

PRP supported Government of Kosovo (GoK) stakeholders to develop draft legislation foreseen under the National Strategy on Property Rights (NSPR) to strengthen the property rights legal framework including: the Law on Public Property; the Law on Construction Land; the Law on Sale of the Apartments in which a Tenure Right Exists; the draft Law on Cadastre; the Draft Law on Allocation for the Use and Exchange of Immovable Property of the Municipality; the Concept Document on the Expropriation of Immovable Property; and an Administrative Instruction on Construction Permitting. Additionally, the “Inheritance Package” of legislation developed with PRP support to create more efficient inheritance procedures and safeguard the rights of women to inherit property has been reviewed by the legislations’ working group and it is anticipated the next iteration of the legislation will be produced in the next quarter.

PRP delivers its legislative support through coordinated efforts with the European Union (EU) Civil Code Project 2 (CCP2) to assist the GoK ensure consistency between property rights legislation supported by both projects. PRP also assists the Ministry of Justice (MoJ) to coordinate its property reform activities with other GoK institutions and assists the MoJ to report on its progress to implement property rights reforms to help the GoK meet its obligations under the Stabilization and Association Agreement (SAA) with the EU; to support economic development as foreseen in the GoK’s National Development Strategy (NDS); and to protect the property rights of women as part of the GoK’s Inter-Ministerial Coordination Group on Human Rights.

PRP assisted the Kosovo Property Comparison and Verification Agency (KPCVA) to finalize its draft three-year Strategy and related Action Plan. The Strategy identifies and prioritizes 54 KPCVA activities for the next three years, including the implementation of KPCVA’s new mandate to compare and verify cadastral records upon their return from Serbia; and, as foreseen in the NSPR and the GoK’s Concept Document to amend the KPCVA Law, proposes that the KPCVA serve as an adjudicatory body for addressing large-scale informality.

 OBJECTIVE 2: IMPROVED COURT PROCEDURES RELATED TO PROPERTY CLAIMS            

PRP’s caseflow management (CFM) assistance to the three Courts of Merit (CoM) has continued to achieve efficiency and help address property rights case backlog. Thus far, a total of 9,696 decisions had been issued with the assistance of PRP’s Legal Assistants (LAs) since mid-December 2016. The increased number of decisions promoted greater efficiencies in the courts that have allowed judges to focus efforts on resolving backlogged cases. In the short-term, the focus on backlogged cases has served to increase the average number of days it takes the court to dispose of a case because the

courts’ focus is on the oldest cases. Once these cases are disposed, the average time to disposition should fall significantly. Delivery of CFM assistance through LAs is proving to be a sustainable approach to improving court performance. The Pejë/Peć Basic Court initiated the process to recruit and permanently hire LAs. The Court informed PRP that its two LAs received the highest scores on the competency exam and will be hired in early July 2018.

PRP has collaborated closely with the KPCVA to amend the law establishing the agency and expand its mandate to resolve uncontested property rights requests through expedited, administrative procedures. Adoption of the legislation will help remove uncontested claims from the courts’ dockets, thereby further reducing the backlog of property rights cases. The draft legislation was recently published for public consultation and feedback.

PRP secured agreement with the Supreme Court to collaborate on an initiative under which the Supreme Court will produce guidelines to help achieve consistent judicial practice in the area of property rights. PRP and the Court have agreed on the methodology for developing the guidelines, which begins with the assessment of the approximately 900 decisions the Court has issued on points of law pertaining to property rights.

PRP also secured an agreement with the Kosovo Judicial Academy (KJA) to develop training modules to strengthen judicial capacity and reinforce consistent judicial practice to resolve property disputes. PRP has submitted concept notes for each training module, which are being reviewed by the KJA.

PRP continued to effectively coordinate with USAID’s Justice System Strengthening Project (JSSP). PRP translated its Practical Guide for improving CFM efficiency and shared it with JSSP’s sub- contractor who provided a memorandum describing recommendations for incorporating the

Practical Guide into JSSP’s Bench Book. PRP will continue discussions on the most effective way to produce a joint product to help further institute CFM reforms.

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

PRP and the Mitrovica Municipal Gender Officer (MGO) organized a training on gender equality for the newly established Women’s Caucus and Committee on Gender Equality in Mitrovica. The training consisted of a session led by the MGO informing participants on Kosovo’s policies on gender equality and their implications at the municipal level; and PRP’s analysis on issues preventing women from exercising their property rights freely and equally in Kosovo. Additional information and outreach events included a PRP sponsored lecture at the Ukshin Hoti University in Prizren on Constitutional Rights, with emphasis on the provisions on equality before the law and protection of property, and a presentation by PRP on current issues in women’s property rights; and a joint PRP/MGO presentation for high school students in Suharekë/Suva Reka. PRP will assist the MGO to implement the MGO’s activity plan to raise youth awareness on equal rights to property inheritance. PRP also supported the visit of a female judge with Dragash/Dragaš elementary school children to discuss the important questions around the feeling that parents and families often do not treat each of their children equally in matters of property inheritance.

PRP continues its tradition in participating in USAID Engagement for Equity (E4E) new grantee orientations, including its most recent one. The session focused on project implementation rules and procedures. And PRP used the opportunity to inform the new grantees about its work and recommended opportunities for future collaboration with them. PRP will continue to monitor grantee activities to ensure consistency of (and avoid duplication with) USAID technical direction in the property rights space with the E4E implementing partner, ATRC.

PRP and ATRC facilitated a meeting between E4E grantee “Gruaja Hyjnore” from Gjilan/Gnjilane, and Ms. Ana Luisa Pinto, the USAID Desk Officer, Bureau for Europe and Eurasia, to acquaint Ms. Pinto with PRP’s long history of successful grassroots activities to raise awareness and understanding of women’s equal property rights in Kosovo.

PRP concluded four of its five planned regional workshops designed to focus attention and foster constructive discussion on specific challenges and problematic issues constraining Municipal Cadastral Offices (MCOs) from efficiently delivering service to citizens. The results from questionnaires distributed at the workshops and the lively discussions at the workshops are bringing to light a rich panoply of practice issues that need to be addressed in order to improve MCOs’ service delivery.

PRP assisted the Viti/Vitina Municipality in conducting a visibility event to unveil its new e-kiosk constructed and installed with PRP assistance. The e-kiosk provides citizens the ability to obtain copies of MCO certificates evidencing their property rights, and property tax documents, in addition to civil status documents. The event took place in Pozhoran, where the e-kiosk has been placed to provide easy access to a number of other population centers. Deputy USAID Mission Director Lisa Magno spoke at the event, which was also attended by Ms. Ana Luisa Pinto, USAID’s Desk Officer for Kosovo in Washington, DC. Viti/Vitina municipal authorities expressed their appreciation for USAID’s support and report that citizens are using the e-kiosk very frequently. PRP has issued a request for proposals to upgrade an additional six existing e-kiosks in Pristina, Pejë/Peć, Vushtrri/Vučitrn and Gračanica/Gracanicë municipalities. This will be another step to improve citizens’ ability to obtain official documents and facilitate property registration.

PRP produced a new public information brochure for citizens “How to Register Property Received as a Gift” in the Albanian, Serbian and English languages. The brochure addresses an increasingly common property transaction where immovable property is gifted within families to take advantage of lower registration fees for such transactions.

PRP continued its support to Štrpce/Shtërpcë MCO to register its backlog of around 5,000 unregistered property transactions. To date, over 3,500 cadastral files have been scanned, of which approximately 2,200 have been entered into the Kosovo Cadastral Land Information System.

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.