Cadastral Records (Technical Dialogue Agreement)

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Country/entity
Kosovo
Serbia
Yugoslavia (former)
Region
Europe and Eurasia
Europe and Eurasia
Europe and Eurasia
Agreement name
Cadastral Records (Technical Dialogue Agreement)
Date
2 Sep 2011
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Interstate/intrastate conflict(s) ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Kosovo-Serbia Normalisation Process
Parties
Agreement unsigned, parties believed to be the Kosovo delegation, led by Dr. Edita Tahiri and the Serbian delegation led by Mr. Borko Stefanovic.
Third parties
Agreement unsigned, meeting was chaired by the EU facilitator, Mr. Robert Cooper.
Description
Short agreement in which the parties agree to make every effort to establish a fully reliable cadastre in Kosovo, in order to protect the rights of people with legitimate claims to property. It provides for forming a tripartite implementation group and technical agency in order to identify gaps in original pre-1999 cadastral records, and also sets out the modalities for resolving disputes.

Agreement document
KV_110902_Cadastral Records (Technical Dialogue Agreement).pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 1, 1. The solution to the Libya crisis can only be a political one and requires a national reconciliation process involving all Libyans, including the institutional, security and military actors who are prepared to participate peacefully, with the safe return of displaced persons and refugees and the creation of a transitional justice, reparation and national amnesty process as well as the implementation of Article 34 [Note: touches on a ceasefire, DDR, terrorism, withdrawal of forces and implementation] on security arrangements of the Libyan Political Agreement.
Power sharing→Political power sharing→International involvement
State level
Page 1, 5. The first instance in the adjudication mechanism will be undertaken by a Commission consisting of International and cadastral and property experts from Kosovo. The majority of the experts will be appointed by the EUSR, taking into account the interests of all communities concerned.

Page 1, 6. The Kosovo Supreme Court will act as the second, appeal, instance of this adjudication mechanism. Decisions by the Kosovo Supreme Court will be taken by a panel in which international judges will hold the majority and will be final and enforceable and not subject to challenge.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
Land, property and environment→Land reform/rights→Property return and restitution
Summary: The agreement in its entirety provides for identifying gaps in original pre-1999 cadastral record in order to establish a fully reliable cadastre in Kosovo.

Page 1, 1. In order to protect the rights of people with legitimate claims to property, the parties will jointly make every effort to establish a fully reliable cadastre in Kosovo.

Page 1, 2. A tripartite implementation group, consisting of cadastral experts from the two parties and chaired by the EU will monitor the work of a technical agency, (selected by the EU after consultation with both parties), whose role will be to identify gaps in original pre-1999 cadastral records.

Page 1, 3. The EUSR will receive scanned copies of all original pre-1999 cadastral records removed from Kosovo. Upon request, the EUSR will provide specific information from Kosovo.

Page 1, 4. The technical agency, mentioned in bullet 2, will compare all copies of the original pre-1999 private property cadastral records^1 with the reconstructed Kosovo cadastre. Cases where the comparison shows the records not to be the same will be transferred by the tripartite implementation group to an adjudication mechanism in Kosovo. This adjudication mechanism will make a final determination as to which cadastral record is correct.^1 This will include private property, private commercial property and private church property cadastral records.

Page 1, 5. The first instance in the adjudication mechanism will be undertaken by a Commission consisting of International and cadastral and property experts from Kosovo. The majority of the experts will be appointed by the EUSR, taking into account the interests of all communities concerned.

Page 1, 6. The Kosovo Supreme Court will act as the second, appeal, instance of this adjudication mechanism. Decisions by the Kosovo Supreme Court will be taken by a panel in which international judges will hold the majority and will be final and enforceable and not subject to challenge.

Page 1, 7. Decisions resulting from above adjudication mechanism will be notified to all stakeholders concerned. The Kosovo Cadastre Agency will implement the final decision resulting from above adjudication mechanism by effecting the necessary changes in the Kosovo cadastre.

Page 1, 8. The tripartite implementation group will monitor the quick implementation and functioning of the above arrangements and will regularly brief the Dialogue on progress_
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
Government of the Republic of Serbia, Negotiation process with Pristina
http://www.kim.gov.rs/eng/pregovaracki-proces.php

Cadastral records

1. In order to protect the rights of people with legitimate claims to property, the parties will jointly make every effort to establish a fully reliable cadastre in Kosovo.

2. A tripartite implementation group, consisting of cadastral experts from the two parties and chaired by the EU will monitor the work of a technical agency, (selected by the EU after consultation with both parties), whose role will be to identify gaps in original pre-1999 cadastral records.

3. The EUSR will receive scanned copies of all original pre-1999 cadastral records removed from Kosovo.

Upon request, the EUSR will provide specific information from Kosovo.

4. The technical agency, mentioned in bullet 2, will compare all copies of the original pre-1999 private property cadastral records^1 with the reconstructed Kosovo cadastre.

Cases where the comparison shows the records not to be the same will be transferred by the tripartite implementation group to an adjudication mechanism in Kosovo.

This adjudication mechanism will make a final determination as to which cadastral record is correct.

5. The first instance in the adjudication mechanism will be undertaken by a Commission consisting of International and cadastral and property experts from Kosovo.

The majority of the experts will be appointed by the EUSR, taking into account the interests of all communities concerned.

6. The Kosovo Supreme Court will act as the second, appeal, instance of this adjudication mechanism.

Decisions by the Kosovo Supreme Court will be taken by a panel in which international judges will hold the majority and will be final and enforceable and not subject to challenge.

7. Decisions resulting from above adjudication mechanism will be notified to all stakeholders concerned.

The Kosovo Cadastre Agency will implement the final decision resulting from above adjudication mechanism by effecting the necessary changes in the Kosovo cadastre.

8. The tripartite implementation group will monitor the quick implementation and functioning of the above arrangements and will regularly brief the Dialogue on progress.

^1 This will include private property, private commercial property and private church property cadastral records.

Source:

Government of the Republic of Serbia, Office for Kosovo and Metohija http://www.kim.gov.rs/eng/pregovaracki-proces.php