OSCE Kosovo Mission voices concern over legislation on privatization

PRISHTINE/PRISTINA, 21 May 2008 - Privatization in Kosovo should be fair, transparent and in line with international human rights standards, according to an OSCE report released today.

The report analyzes legislation governing the Kosovo Trust Agency (KTA), which is in charge of the privatization process, and the Special Chamber of the Supreme Court, the judicial body that reviews KTA matters. The report is based on monitoring of the Special Chamber cases and legislative analysis.

"The OSCE is concerned that under the current laws governing the privatization process, some individuals may receive less compensation than they should from the privatization sales proceeds," said the Head of the OSCE Mission, Ambassador Tim Guldimann, who presented the report.

"This could potentially violate international human rights standards - such as Article 1 of Protocol 1 to the European Convention on Human Rights."

The privatization processes are complex because many property records have disappeared as a result of the 1999 conflict. In addition, Kosovo has no law that regulates claims for restitution of previously expropriated properties.

Other problems identified in the report include the failure to publish decisions, incorrect assumption of jurisdiction by the regular courts of matters within the jurisdiction of the Special Chamber, poor performance by attorneys and delays in the proceedings.

The report offers recommendations to the Parliament of Kosovo, the Special Chamber, the KTA, Kosovo Chamber of Advocates and other actors.

The report (in English, Albanian and Serbian) is available on the OSCE webpage: //www.osce.org/kosovo/documents.html