Government continues expropriation in northern Kosovo, residents protest

Among them was Slavisa Jovanovovic, who said his property was “usurped” by expropriation, because, as it turned out, no one has asked or informed of such a thing.

We are in danger of eight acres of forest, the Jovanovic family. Even neighbours across the hill were endangered”, he told Radio Free Europe.

Jovanovic added that for him and his fellow villagers, the biggest problem is that a base for Kosovo border police is expected to be built on expropriated land.

In the four municipalities in northern Kosovo, which are territorially linked -- North Mitrovica, Leposaviq, Zvecan and Zubin Potok -- the majority of the population is Serb.

The area is often involved in tensions, as local residents oppose Kosovo authorities.

Kosovo police confirmed to Radio Free Europe that work has begun in the village of Dren on the construction of the border police station, “aimed at ensuring citizens' safety, border management and smuggling in that region”.

What did the other residents of Dren say?

Ivan Josifovic said the government of Kosovo has made a <x0 illegal decision to expropriate its property”.

He said the goal of protesting residents is to withdraw the decision to expropriate and stop all jobs for building the border police base.

“to find a solution peacefully”, he said.

Jovan Milovanovic, who said that at that location near the cemetery, was also home to an X - century church, said against expropriation. 3 / 1

“Try to stop [works]”, he said, adding that what worries most residents is that they do not know exactly what will be built up.

It is impossible for 80 hectares to be only the base of border police. What border police will do at the top of Hill”, Milovanovic said, and added that the border police station is not of public interest to residents there.

What preceded the expropriation?

There are two border points north of Kosovo with Serbia, Jarinje and Brnjak, but for years, alternative and illegal routes have been used to avoid official crossings. These very roads, according to Kosovo officials, are used for smuggling.

So far, Kosovo police have conducted several anti-muggling shares with goods and have closed alternative routes leading to Serbia. Such shares have not gone without incident.

In July last year, five Kosovo police officers were injured when they stopped several trucks under suspicion of smuggling goods.

An anti-muggler action has run into opposition from residents in northern Mitrovica and Zvecan even in October 2021, when clashes broke out, while police have used tear gas to disperse protesters.

In that region, Kosovo Customs has sometimes confiscated smuggled goods, mainly alcoholic and non-alcohol beverages, various food and technical equipment.

How was the expropriation process?
On January 16th, the Government of Kosovo, led by Prime Minister Albin Kurti, declared a land on the territory of the Leposaviqi municipality “real estate with particular public interest”, which, as he said, is necessary for the realisation of infrastructure projects with public interest”.

The government's decision is said to refer to cadastral areas, Dren and Leshak, the Leposaviqi municipality, but it is not measured as to the surface of the earth that will be expropriated.

The head of the Serbian interim municipal body in Leposaviq and the former head of that municipality in the Kosovo system, Zoran Todiq, said in a statement to Radio Free Europe that it is about 83 hectares of land, out of which 13 parcels are private property, six parcels are socially owned and one owned by the Leposavisic municipality.

He said the two cadastral areas in Dren and Lesak are, in fact, a large hill. According to him, there are cemeteries of Dren village in the municipal parcel.

Tolic said no one has informed residents of expropriation and that the situation has been heard from the media.

After we heard about it, we invited the owners of the parcels into the conversation. We found that no one had contact with them, nor did they realize that their parcels were there. People have complained and turned to local self-government, and we have come to their aid”, Todiq, official of the Serbian List, told Radio Free Europe.

He added that the issue would be sent to the Constitutional Court of Kosovo and to the ombudsman's Office.

Kosovo government adopted two more decisions for expropriation

The Kosovo government did not answer Radio Free Europe's question about local population response.

Kurti has said of Kosovo's public broadcaster on January 28th that expropriation in northern Kosovo is not directed against members of the Serb community, but against smuggling of goods and against Serbia's actions.

“We have started working harder to protect the border when Aleksandar Bocan Haracenko, Russian ambassador to Serbia, along with then Defence Minister [Nebojsa] Stefanovic, have come to inspect the grouping of Serbian forces on the border with Kosovo”, Kurti has said.

He, too, has said that during the expropriation, neither the law nor the Constitution of Kosovo has been violated.

On February 2nd, the Government of Kosovo has adopted a decision authorising the Ministry of Environment, Spatial Planning and Infrastructure that “conducts preparation work in the Dren and Leshak cadastral areas for the realisation of infrastructure projects of public interest”.

Two decisions for expropriation of land in the territory of the Leposaviqi municipality and Zubin Potok have been adopted in the same session.

Serbian List wrote to Quinn

Serbian List leader Goran Rakic has said on February 2nd that, in the name of the Serbian people and landowners who will be exhumed, he has sent letters of protest to US ambassadors Great Britain, France, Italy, Germany known as Quint countries as the EU mission chiefs, UNMIK, the OSCE and the commander of the NATO mission in Kosovo, KFOR.

The Serbian list is the largest Serb party in Kosovo, which functions with the support of official Belgrade.

“On paper has become clear the violations of all legal regulations, which regulate the issue of expropriation, and that this procedure is unacceptable to the owners of real estate and the Serbian people living in northern Kosovo”, is said at the Serbian List's announcement.

Rakiq has demanded that “urgently cease illegal acts and prevent further threats to peace, judicial and physical security” members of the Serb community from the Kosovo government.

What is stated in law?

The drilling law says the Government of Kosovo, in line with Article 3 point 4, can expropriate property.

It says that in such cases it proves that relevant municipalities or municipal public authority share the same rights that private persons are granted under the same law, including the right to challenge the legality of expropriation and/or the measure of compensation in court.

Apart from actions to exercise the rights envisioned by law, no municipality or municipal public authority can prevent or prevent the execution of expropriation.

At Article 3 point 4 it is said that the government has the authority to expropriate the property for any legal purpose, which is not defined at 2.4.1. To 2.4.4. of that article, if the conditions set at point 1 are met.

Point 1 says that expropriation of real estate is accomplished only if expropriation is directly linked to legitimate public interest, that public interest cannot be achieved without expropriation, that public interest resulting from expropriation is greater than the interest that would cause negative impact as a result of expropriation.

It is also said that expropriation of real estate can be done if property selection is not designed to implement any discriminatory targets.