Pristina, Kosovo – In a significant move that has drawn sharp criticism from major international bodies, the Government of Kosovo has proceeded with the expropriation of over 100 parcels of land in Serb-majority municipalities in the north of the country. The decision, finalised on May 30, has sparked a diplomatic row, with embassies of the Quint states – France, Germany, Italy, the United Kingdom, and the United States – along with the European Union Office in Kosovo and the OSCE Mission in Kosovo, expressing deep regret and concern over the process.
The Quint embassies and their partners issued a joint statement on June 6, 2024, criticising the procedural and technical flaws they allege marred the expropriation process. The statement noted that international legal experts, including those from the European Union Rule of Law Mission in Kosovo (EULEX), found that the Kosovo Government violated its own laws and regulations. The concerns echoed similar findings by the Kosovo judicial system, which had not been adequately addressed by the Government.
The international missions underscored the importance of due process and the protection of property rights, urging the Kosovo Government to ensure that its expropriation activities comply with legal standards. They also expressed concerns about a draft expropriation law, arguing it does not conform to Kosovo’s commitments under the Ahtisaari Plan, and encouraged modifications before its passage.
In response, the Government of Kosovo issued a strongly worded statement, expressing regret over the international critique and defending its actions as legally sound and necessary for public interest projects. The government clarified that the expropriations were conducted in line with existing laws aimed at facilitating infrastructure projects, including police stations to enhance security and combat organized crime and corruption.
The government emphasised that it had waited for judicial decisions before finalising the expropriations, except in cases where claimants lacked legal standing, as they were not the actual property owners. The government argued that the expropriations were consistent with practices across Kosovo and aligned with European human rights standards, specifically the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights in Strasbourg.
Kosovo’s President, Vjosa Osmani, also weighed in, supporting the government’s position and asserting that the expropriations adhere to constitutional and European legal standards. Osmani highlighted that the process followed the required legal steps and respected the principles set out by the European Court of Human Rights.
The Kosovo Government further expressed concern over the international statement’s reference to “Serb-majority municipalities,” arguing that such terminology is inconsistent with Kosovo’s multi-ethnic constitutional framework. The government maintained that expropriations should be evaluated based on legality, human rights, and public interest, not ethnic affiliations.
Despite the government’s assurances, the controversy has underscored the complex and often contentious nature of land and property rights in Kosovo, particularly in ethnically sensitive areas. The expropriations are seen by some as a necessary step for development and security, while others view them as a potential source of ethnic tension and legal ambiguity.
This incident comes at a time of heightened international scrutiny on Kosovo’s governance and legal standards, reflecting broader concerns about stability and rule of law in the region. The international community’s response and Kosovo’s steadfast defence of its actions will likely continue to shape the discourse on governance and human rights in the Balkans.
As the situation unfolds, the balance between national interests, legal standards, and international expectations remains a delicate and critical issue for Kosovo’s leaders and their international partners. The outcome of this dispute will have significant implications for Kosovo’s legal framework, its international relations, and the daily lives of its citizens, particularly in the contested northern municipalities.
Kosovo declared its independence from Serbia on February 17, 2008, a move that has since been recognised by over 100 countries worldwide, including the United States and a majority of European Union member states. However, key international players such as Russia and China, along with several EU countries, have not recognized Kosovo’s sovereignty, leading to ongoing diplomatic challenges. The recognition and support for Kosovo’s independence have been instrumental in its efforts to build a functioning state and secure a place within the international community.
Despite these strides, Kosovo continues to face significant challenges from Serbia, which has not recognised its independence and continues to assert territorial claims. This ongoing constitutional and territorial aggression from Serbia is exacerbated by the support, or at least the tacit approval, from some regional EU and US diplomats, complicating the political landscape. The persistent tension undermines Kosovo’s stability and development, as well as broader regional peace. The international community’s mixed signals and inconsistent policies regarding Kosovo’s sovereignty contribute to a volatile environment, making the pursuit of lasting peace and mutual recognition in the Balkans an ever-pressing concern.
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