These problems can be observed by analysing different phases of the privatisation process.

Submitting claims

     Most IDPs/returnees who could place a claim involving recognition of a right, title or interest in property, currently or formerly under the administrative authority of the Kosovo Trust Agency (KTA), are often not aware of their own right and/or do not have necessary knowledge of the complex legal procedures through which they could realize and protect their rights. As a consequence, legal aid is crucial in the very initial phase of this process. This is especially true in light of the fact that, in all but one of the realized privatisations, workers of non-Albanian origin have not been initially included on the list of the workers whose claims have been recognized automatically. Additionally, there was only one lawyer, until recently hired by the Coordination Centre for Kosovo and Metohija of Republic of Serbia, to act in this matter as pro bono legal assistant for the potential claimants. At the same time, the majority are not financially able to afford a personal lawyer.

    Another, but not less serious problem faced by the potential IDPs/returnees is the collection of documents by which they could substantiate their claims. Many documents such as working booklets and other relevant evidence of worker’s engagement in the company undergoing the privatisation have been destroyed during the conflict or is otherwise unattainable for the potential IDP/returnee claimant. The collection of necessary documents also requires considerable amount of time and financial resources, thus often creating an insurmountable obstacle for many of returnees/IDPs in realizing this set of rights. There is also a fact that deadline for claim submission before Special Chamber of Supreme Court if person is not included in preliminary privatization list is just fourteen (14) days.

    According to the statements of several returnees/IDPs, a serious impediment to participation in the privatisation process in Kosovo is also the fact that KTA often sends forms to Serbian-speaking workers only in the Albanian language.

Proceedings before the Special Chamber of the Supreme Court of Kosovo on the Kosovo Trust Agency Related Matters

 
    The issue of an adequate preparation for proceedings before the Chamber of the Supreme Court of Kosovo is particularly important since in all except two cases of privatisation, non-Albanian workers have realized their rights only after lodging an appeal to this body.

    However, even if the eligible workers earn legal title to participate in the privatisation, returnees/IDPs become exposed to further expenses in order to finalize the whole process. Namely, the claimants are asked at the end of the procedure to come to Kosovo in order to complete the financial transaction. Despite the fact that the relevant authorities in Kosovo have been asked several times to organize payment of the given transaction through the bank which operates both in Kosovo and in Serbia proper, The Kosovo Trust Agency (KTA) opted for “Kasa” bank which operates solely in Kosovo. The travel expenses are then further increased by various other costs such as an unusually high price for the personal photos which can be made solely in the named bank (8 euros per set of photos), 10 euros for the membership card of a certain trade union within Kosovo, costs of accommodation since this process takes at least two days, and so on.

    Most of the IDPs from Kosovo link their return to Kosovo to the prospect of recovering the employment they have had prior to conflict. However, once privatised, an enterprise either ceases to pursue the previous economic activity or, in a majority of cases, becomes the property of an Albanian entrepreneur – a change that in a society still deeply divided along ethnic lines considerably decreases the chances of an IDP to return to the previous work place. Privatisation of the Socially Owned Enterprises in Kosovo without an effective participation of returnees/IDPs has multiple grave effects on the process of return since it diminishes the prospect for the sustainability of returns. This equally applies to urban and rural areas, since for many of the inhabitants of the rural areas the primary source of income prior to the conflict was employment in local enterprises rather than in agriculture.