The role of property in the Kosovo conflict : an examination of the contribution and limits of the rights-based approach to housing, land and property to peacebuilding in Kosovo

Abstract

After examining the role of human rights in specific post-conflict initiatives it is clear that there has been a neglect and subordination of ESC rights in comparison to civil and political rights. The emerging of the development, security and human rights nexus an the progression of UN Missions from peacekeeping to peacebuilding has helped to stem the institutional neglect and subordination of human rights generally and ESC rights specifically. Vulnerable and/or marginalised groups such as internally displaced persons (IDPs), refugees and ethnic, religious and racial minorities whose participation is crucial to peacebuilding are particularly susceptible to those who exploit peoples socio-economic grievances and encourage them to take up arms. A rights-based approach is ideal for protecting them and emphasising a state’s obligations regarding their welfare and providing remedies for violations. Whilst there has been little progress in treating economic, social and cultural abuses as violations of human rights and providing a legal remedy, property restitution based on the right to return to one’s home of origin and the right to a legal remedy is an exception. Land and property issues figure prominently in conflict and a rights-based approach to these issues can contribution to peacebuilding including the supporting the rule of law, IDP and refugee returns, protection of vulnerable groups and reconciliation. The thesis examines the role of land and propert issues in the Kosovo Conflict and the contribution and limits of a rights-based approach to these issues and particularly property restitution to peacebuilding in the country.