Whose meadows, and whose sheep - the problem of property in Kosovo

Whose sheep, their meadows - this is a folk saying that has been frequently heard in the last 20 years when discussing issues in Kosovo. One of the current issues is the problem of property in Kosovo if there ever was a period when it didn't exist.

In Kosovo, there are many protective mechanisms in place to ensure the rights of individuals and legal entities regarding property. In this regard, in 2016, Kosovo adopted the National Strategy of Kosovo on Property Rights during a government session. The strategy aims to provide a strategic vision for securing rights, with one of its goals being 'Guaranteeing and realizing all property rights of displaced persons and members of non-majority communities' (goal number 3). In addition to this mechanism, Kosovo uses the Law on Expropriation, which clearly outlines the steps that must be followed during the process of expropriating immovable property. Both the Law and the Strategy clearly emphasize the procedures that must be followed, including actions before, during, and after expropriation.

As stated in the strategy:

“It is crucial to anticipate appropriate protective procedural measures to ensure that landowners have information and knowledge about how to protect their rights. An enhanced notification process should be used to ensure that every landowner, especially those living abroad, displaced persons, or members of non-majority communities, receives notice and has the opportunity to participate in the process".

However, in northern Kosovo, the situation is entirely different from what the law, the Constitution, and international guidelines dictate. At the Government session of Kosovo on September 20, 2022, a decision was made declaring immovables owned by individuals and stakeholders as of special public interest necessary for the realization of infrastructure projects of public interest in the cadastral zones of Brnjak and Gornji Jasenovik, Zubin Potok municipality. On January 16, 2023, the same decision was applied to the land in the cadastral zones of Dren and Lesak in the Leposavic municipality. Construction work began immediately without any notification to the local population or the local government, leading to protests among the residents and general dissatisfaction among the people living in those and surrounding areas. Due to the protests, the work was briefly halted and then resumed. By the time of the official public discussions on February 21, 2023, in the Zubin Potok municipality and on February 20, 2023, in the Leposavic municipality, several structures had already been built and completed, even though the discussion was supposed to precede the entire process. The discussion did not provide any explanation to the citizens, except that it is of common interest and that all citizens will benefit from the project. All of this has contributed to an already heated political crisis that seems not to be abating but rather deepening.

The public goal achieved through expropriation has two sides: 1) that it is legally justified, and 2) that the owners of the immovables subject to expropriation, as well as all others, know from the very beginning which public facilities will be built on the properties subject to expropriation. Neither of these conditions is fulfilled, and there are no indications that they will be.

Works in the municipalities of Leposavic and Zubin Potok have been completed, police bases, roads, and accompanying infrastructure have been established, and despite complaints from citizens, former local political leaders, and the Ombudsman's intervention on this matter, no clear response has yet been provided by the central authorities.

The entire expropriation process has been monitored, partly by the international community, which has commented on it, yet again with no tangible results.

The European Union Office in Kosovo has appealed for authorities to adhere to legal procedures and respect the appropriate processes and property rights of citizens. There has been no response from the central authorities, and why would there be?! Expropriation in these parts of Kosovo further complicates the already complex picture of property rights. Legal ambiguity and insufficient transparency in expropriation procedures can be a source of further tensions and hinder efforts to establish a stable framework for resolving property issues in Kosovo.

A similar situation is currently unfolding in the municipality of Zvecan in the villages of Vidomirice and Banov Do, where the "expansion and construction of a road for public interest" is currently under construction, a project about which residents were not informed until they saw construction machines at their doorstep. Whether this is another project for the common good of citizens or a new violation of the law remains to be seen in the coming months, when we may receive some legal or public outcome, or we may only be able to use this public good when it is completely finished.

In response to media reports and protests by residents, the police intervened by temporarily halting the construction work, only for it to resume a few days later. The works were temporarily suspended after a criminal complaint was filed by property owners, but despite protests, they were resumed with the assistance of the Kosovo Police. Residents emphasize that, along with violence and threats of arrest, they have lost access to their land, further complicating their daily lives.

This yet another controversial case highlights not only the challenges regarding property rights in northern Kosovo but also the complex relationships between the local population and institutions, compliance with regulations and laws, as well as the human rights of a community. While road construction purportedly has the support of certain authorities, residents claim that they are neglected, and their basic rights to private property are not recognized.

As long as we have a situation where laws on paper differ from their implementation, and law enforcement often appears as pressure on a specific community rather than the rule of law, we cannot speak of respect for property rights. As all of this unfolds, one might say that the meadows are nobody's, and the sheep are evidently everyone's.

Written by: Slobodan Stosic, Program Manager at ACDC