Committee on the Elimination of Racial Discrimination considers report of Albania

23 August 2011

The Committee on the Elimination of Racial Discrimination has concluded its consideration of the fifth to eighth periodic reports of Albania on the implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination in that country.

Filoreta Kodra, Deputy Minister of Labour, Social Affairs and Equal Opportunities presented the report of Albania. Ms. Kodra said protection against discrimination was not simply an individual’s right, but an obligation of state administration bodies and all stakeholders in Albania. Albania had good legislation in place to protect against discrimination. Government bodies had been set up to ensure respect for minorities’ rights. The legal framework set necessary conditions for the minorities’ representatives to organize cultural associations to preserve and protect culture and identity. Taking into account the poor living conditions of the Roma community, the Government committed to the implementation of the National Strategy “On the improvement of the living conditions of the Roma Community.” The Ministry of Education and Science ensured the rights of children and youth of the Roma community to equal access across all levels of education. Specific social protection, employment, health and housing policies had been established by the Albanian Government to promote minority rights.

The delegation was composed of representatives from the Ministry of Labour, Social Affairs and Equal Opportunities, the Permanent Mission of the Republic of Albania to the United Nations Office at Geneva, the Ministry of Education and Science, the Ministry of Culture, Youth and Sports, the Commissioner of Anti-Discrimination Policies, the National Institution of Statistics, the Ministry of Interior, the Ministry of Justice, the National Council on Radio Television and the Ministry of Health.

In preliminary concluding observations, Gun Kut, the Committee Expert who served as the country Rapporteur for the report of Albania, said the dialogue had been sincere and constructive. It was likely that the delegation was now more aware of the Committee’s mode of thinking, why it needed specific information and the questions it asked. Mr. Kut emphasized the need for a comprehensive body of legislation on discrimination as this would facilitate the task prohibiting discrimination.

During the interactive dialogue, Committee Experts raised a number of questions and asked for further information on subjects related to, among others, distinctions between national and linguistic minorities, hate crimes, minority participation in public institutions, the status of Egyptians, coordination among institutions combating discrimination, the low number of courts cases related to discrimination, and the situation of minorities not mentioned in the report, such as Jews, Blacks, Bosnians and other minorities.

The Committee will present its written observations and recommendations on the fifth through eighth periodic reports of Albania, which were presented in one document, at the end of its session, which concludes on 2 September.

The next public meeting of the Committee on the Convention on the Elimination of Racial Discrimination will be on 23 August at 3 p.m. when it will begin consideration of the periodic report of the United Kingdom (CERD/C/GBR/18-20).

Report of Albania

The fifth through eighth periodic reports of Albania, submitted in one document, (CERD/C/ALB/5-8), state that Albania has had, and continues to have, a permanent commitment to the protection, observance and respect of fundamental freedoms and human rights. The Constitutional law “Everyone is equal to the law” prohibits unfair discrimination, on account of gender, race, religion, ethnicity, language, political, religious and philosophical opinions, economic, educational or social condition, or parental belongingness, of all the persons living and working within the territory of Albania. “The Code of Criminal Procedure” as amended provides for material and procedural provisions concerning the commission, prosecution and punishment of criminal offenses related to racism and discrimination in computer systems, for the purpose of penalizing the dissemination of racist or xenophobic materials through computer systems (article 4 of the Protocol) and insult for racist and xenophobic reasons (article 5 of the Protocol). The Directorate of the Internal Inspection Service reports no cases of ill treatment or racial or ethnic discrimination of national minorities living in Albania by the employees of the State Police. The Ombudsman Office has examined a series of complaints lodged by persons claiming to be discriminated against by public administration bodies. These complaints come from persons belonging to minorities or from the group of persons practising a certain religious faith. Law No. 9888,“On the rights and treatment of those sentenced with prison terms and the pre-detainees” stipulates the major principles for the treatment of the sentenced persons – impartiality or non-discrimination on account of sex, nationality, race, socio-economic situation, political views and religious faith.

The Roma minority represents the most marginalized and vulnerable strata of the Albanian society (with relation to definitions laid down in Durban Declaration). One of the most recent commitments of the Albanian State concerning this lingual community is the implementation of the National Strategy “On the improvement of the living conditions of Roma people”. The Technical Secretariat for Roma People follows up the monitoring of implementation of objectives, priority measures set in the national strategy, among other activities. The strategy pays special attention to the strengthening of the position of women in the Roma families. Measures taken by the Albanian Government for the elimination of all forms of racial discrimination in the field of education refer mostly to the lingual Roma minority. The identification of a certain minority community as Egyptian is inaccurate. Their background in the Balkans is disputable. The only single distinction from the Albanian inhabitants is the skin colour. This community has no relevance with Egyptians and are not recognized by the Egyptian government. To improve the living standards of the Roma minority as well as the Egyptian community, a series of projects were implemented by local institutions and various actors of the civil society, with the support of different donors. Housing, employment, education, free social and health services and the infrastructural conditions in areas with a high concentration of these minorities remain problems of concern.

The Albanian Government has made ongoing efforts in combating racism and intolerance and in improving the living standards for the vulnerable strata of the society. The Sector of Human Rights, Minorities and Reporting in the Ministry of Foreign Affairs follows up on the fulfilment of Albania’s international commitments and obligations in the field of human rights and minorities. Regarding the statistical data on minorities, the Institute of Statistics, in cooperation with the Ministry of Foreign Affairs (Minority Office), published the results of statistical assessments at national level on national minorities in Albania in February 2004. Albania pays special attention to the protection, observance and respect of the rights of the national Greek minority that lives in its territory. The Greek minority has been provided with all the necessary spaces and opportunities of realizing in practice all the rights it is entitled to. Members of the national Macedonian minority are given the opportunity to work in Macedonia. The State Minority Committee cooperates with central and/or local government bodies, legitimate organizations and associations and proposes concrete measures concerning the economic, social and educational development of minorities, contributing thus to the improvement of the condition of minority people, wherever they live. Through its TV programs, Albanian Television has devoted special attention to national and linguistic minorities and to specific communities in Albania. A special credit in this field goes, among others, to non-governmental organizations operating in Albania, particularly the Albanian Helsinki Committee.

Presentation of the Report

FILORETA KODRA, Deputy Minister of Labour, Social Affairs and Equal Opportunities, said protection against discrimination was not simply an individual’s right but an obligation of State administration bodies and all stakeholders in Albania. Albania had good legislation in place to protect against discrimination. This legislation was qualitatively enhanced when Law No. 10221 “On the protection against discrimination” was passed. The Office of the Commissioner for Protection from Discrimination recommended action, but also yielded decision-making authority. The Anti-discrimination Law, along with the instruments established for its implementation, was an important initiative to ensure and protect minorities’ rights. The historical tradition in Albania acknowledged national minorities which had a native nation with which they shared common characteristics. In Albania, such minorities included the Greek, Macedonian and Montenegrin minorities as well as the ethno-linguistic minorities of Roma and Rumanians. The Institute of Statistics would carry out the Census of Population and Housing in October 2011. The Census Questionnaire was drafted in full compliance with the United Nations and Eurostat recommendations and contained a series of questions, including questions about ethnicity, religion and linguistic background.

Albania was committed to meeting international standards with respect to minorities’ rights. After democratic changes dating back to 1990, the treatment of national minorities took on a new dimension, indicated by Albania’s membership in international organizations and adherence to all international human rights conventions. For the Government of Albania, the protection of minorities was an obligation, which derived from the fundamental orientation of Albania to ensure and respect individual rights and freedoms. Under Article 122 of the Constitution, any ratified international agreement constituted a part of the internal legal system after it was published in the Official Journal of the Republic of Albania. It was directly applicable, except when not self-executing. The Constitution enshrined universally recognized human rights and ensured the general principle of equality of all before the law. It prohibited unjust discrimination against any person. The Constitution considered national minorities as an inseparable part of Albanian society. To protect minorities, the Penal Code laid down a set of legal provisions. Article 266 condemned “endangering of public peace by calling for hatred against a different part of the population through insulting or defaming them and by calling for the use of violence or other arbitrary actions against them.” The Penal Code defined the prevention of religious activities as a criminal offense. To ensure the rights of persons who did not know the Albanian language in the criminal and civil court process, the Albanian legislation provided for the appointment of a translator.

Government bodies had been set up to ensure respect for minorities’ rights. The Minorities State Committee was established in March 2004 to carry out activities related to exercising and protecting minorities’ rights, including recommendations for specific measures to support minorities’ economic, social and educational development. The Roma Technical Secretariat monitored the implementation of priorities, goals and measures related to improving the living conditions of the Roma community and cooperated with the Roma community, donors and non-profit organizations. The Human Rights, Minorities and Reporting Sector drafted regular reports on the implementation of international human rights conventions, follows-up on the fulfilment of obligations in the field of minorities’ rights, and maintained official dialogue with representatives of minorities. The Ombudsman protected individual rights, freedoms and lawful interests against unlawful actions or omissions of public administration bodies and other parties. Its mission was to prevent potential conflicts between the public administration and the individual and could act based on complaints or requests submitted.

The legal framework set necessary conditions for minority representatives to organize cultural associations to preserve and protect culture and identity. Minorities were provided space in print and broadcast media. Minority language press was available on television and radio shows, and in newspapers and magazines. Education was provided in these languages. Minorities were represented in Parliament.

Taking into account the poor living conditions of the Roma Community, the Government committed to the implementation of the National Strategy “On the improvement of the living conditions of the Roma Community.” The strategy included social protection measures, such as special programmes to boost employment, carry out vocational training and integrate Roma street children. Persons belonging to this minority received identity cards for free. In 2009, the National Action Plan for the Decade of Roma Inclusion was adopted. Its objective was to improve access to education, health services, housing and infrastructure, preserve cultural heritage, reduce discrimination cases and enhance access to public institutions for the Roma community. The Ministry of Education and Science ensured the rights of children and youth of the Roma community to equal access across all levels of education and worked to eliminate exclusionary behaviour against Roma. It also aimed to preserve and develop the cultural identity of Roma pupils. The Ministry of Education and Science had undertaken important legislative and institutional reforms to reach these goals. The provision of Roma language programmes as an optional subject was being considered. The Roma Language and Culture Group would be established.

Regarding cultural preservation policies, a special sector was created under the Ministry of Labour, Social Affairs and Equal Opportunities for minority issues in Albania, especially for Roma minority issues. Specific social protection and employment policies included a social assistance programme, a programme to support the incomes of persons with disabilities and a social care system. Specific and special health policies concentrated on access to health, vaccinations, sanitation fresh water, solid waste, contagious diseases and other issues. Housing policies had been established to construct new buildings and refurbish uninhabitable buildings for Roma families.

Questions Raised by the Rapporteur and Experts

GUN KUT, Committee Expert serving as country Rapporteur for the report of Albania, said Albania was a very old society. The State became independent in 1912. Montenegro, Kosovo, Macedonia and Greece were neighbors. Following the end of the Cold War, successive crises and transformation defined the situation in Albania. Major institutional changes occurred. The international community welcomed a large number of the changes. Albania was a multi-party regime and parliamentary republic. The report submitted was comprehensive and, in some parts, included information beyond the mandate of the Committee. The lack of data on minorities had been cited by the Committee in the past. The Committee had also found that the living conditions of certain minority groups had been found to be unfavorable, although this was related to the economic situation. However, certain groups suffered more than others. These groups were defined by ethnic, religious or other differentiation. This could constitute structural discrimination. The legal distinction between linguistic and national minorities had been brought up by the Committee. In the report, this distinction was associated with native land, which should be clarified further. The report stated that the Egyptians were not Egyptians, but they called themselves Egyptians, which was related to the Committee’s principle of self-identification. Irrespective of this debate, the situation of this group was addressed in the report.

The State Party had taken up the Committee’s recommendation that Article 4 of the Convention, related to criminalization of racist activities and other requirements, satisfactorily. More information was requested on the issue of hate crimes. The participation of minorities in public life was an issue. There were examples and success stories, a commendable development. Yet, some communities and members of certain groups claimed they were not sufficiently involved. The report indicated that Roma and Egyptians’ lack of access to services and public places needed to be taken seriously by the State Party. The few number of cases brought before the Ombudsman was not necessarily positive. This could indicate that minorities subject to discrimination were afraid or did not believe that any claim would lead to favorable results. The Committee had asked for more information about coordination among institutions combating discrimination and had requested the State Party’s view of special measures for groups that felt discriminated against or other vulnerable groups. The Committee had also inquired about special remedies for victims of discrimination, the representation of minorities in the public sphere, and the evaluation of effectiveness of mechanisms that combated discrimination. There was scant reference to Bosnians, Jews, blacks and other minorities. What was their situation? There was still no comprehensive legislation on anti-discrimination or a decision by the court which applied principles of anti-discrimination. Adopting such a comprehensive law dealing with the issue of racism, xenophobia and related intolerance was required.

Following Mr. Gut’s presentation, other Committee Members took the floor. Committee Members asked for more information on the relationship between gender and ethnic discrimination. Regarding other ethnic groups, were there Jews living in Albania? What was their economic and social status? Also, how were they viewed? Committee Experts asked what was being done to memorialize the suffering of the Roma under the Nazis. A great deal of progress had been made in terms of human rights, particularly given the situation faced by the country. There were still problems with respect to minorities. Why was there a distinction between linguistic and national minorities? A great deal was said in the report about Roma and other national minorities, but linguistic minorities such as the Rumanians, were not profusely referenced. Were there education facilities and media available in this minority language? What was meant by the reference to vendettas? Regarding the Paris Principles, had Albania established an institution in compliance with those principles?

Concerning criminal legislation, Committee Members asked whether legislation criminalized racist organizations or other bodies that incited xenophobia, racism or other intolerance. Why was there an absence of data on the number of cases prosecuted for racist acts? There was an absence of complaints. The report stated there had been no reports of mistreatment of Roma by the police. This did not correspond to information provided by non-governmental organizations, which informed the Committee that the police mistreated Roma; clarification on the issue was requested. The report had categorically refuted the existence of the Egyptian minority as it had fully integrated into Albanian society and the Egyptian Government did not recognize its members as Egyptians. The names groups used to identify themselves should be respected. The Egyptian community was particularly poor. Were they a community because they were the beggars of Albania? Or, were they the beggars of Albania because they were a community? More information was required about Albania’s policy vis-à-vis this community. Regarding the reference to social and economic aid, the report stated that Roma did not face discrimination in this field. The report mentioned that all Roma families who had completed the necessary documentation received social and economic aid like the rest of the Albanian population. However, did issues like language or lack of paperwork prevent Roma from accessing social aid? The Universal Periodic Review made reference to human trafficking, and information on the nature and significance of such instances would be welcome.

Response by Delegation

In responding to the questions asked by the Committee Members, the delegation said Albania was a vibrant and growing country. Albania had much to learn from countries that had already implemented human rights frameworks. There were two minority groups in Albania. There were national minorities, such as Greeks, Macedonians and others, and ethno-linguistic minorities, such as the Roma and Rumanians. The main difference between the two minorities rested on the fact that the national minority had a motherland. The linguistic minority did not have a motherland but were distinct from the Albanian majority for linguistic and other reasons. This distinction did not bring about any difference in treatment of these groups or respect for their human rights. The delegation would communicate the concerns of the Committee to the Government and would convene consultations on the issue. Albania would also hold consultations on the situation of the Egyptian minority. This community was fully integrated into Albanian society and thus was not recognized as a minority. However, the delegation stressed that if the census revealed that such a minority existed, they would be recognized.

The delegation said Albania was in the process of reforming the statistical system, but currently different institutions collected data. These institutions did not always send this data to the Institute of Statistics. The delegation was certain that anti-discrimination cases existed, but did not currently have data on them. There had been some return of property to religious institutions, but these cases were still in the process of being resolved. Concerning the effectiveness and monitoring of strategies and policies in the field of discrimination, Albania had developed strategies for almost all the fields of development. Sometimes these overlapped. Reforms of these policies and strategies as well as evaluation of their effectiveness were underway. The Roma Technical Strategy and the National Action Plan for the Decade of Roma Inclusion were adopted in 2005 and 2009 respectively and would be evaluated. There had also been questions related to the lack of cases presented to the Ombudsman. Committee Members had raised concerns that few cases were filed due to fear, lack of trust or other reasons. The delegation added that lack of information about the Ombudsman could also play a role. Strategies had been developed to raise awareness about the institutions guaranteeing human rights in Albania.

Another delegation member said that the State Minority Committee was created in 2004 and had operated as an advisory body with government institutions to improve standards for the respect of minority rights in Albania. This Committee was composed of both national and linguistic minorities. The Committee would develop a law on minorities and would also execute the necessary tasks for signature on the Convention for the Protection of National Minorities. Concerning their participation in the public sphere, minorities could be elected in general and local elections. The reporting sector in the Ministry of Foreign Affairs maintained dialogue with associations representing minority groups and worked with these organizations to promote economic, social and cultural rights. The Jewish community in Albania was a success story. Although many had left for Israel in the 1990s, they had always been active in the cultural and social life of Albania. The delegation stated that the Kanun had not been in practice since medieval times, except in rural areas, and Albania enforced laws that prohibited Kanun practices. Regarding blood feuds, the Albanian Government did its best to negotiate conflicts and resolve feuds.

The delegation it was true that 80 per cent of blood was donated by Roma when the report was first published. Since then, the Ministry of Health’s policy had changed. To reduce discrimination of vulnerable groups and in accordance with the Strategy for HIV/AIDS, voluntary blood donation was now promoted. Concerning the existence of an institution in compliance with the Paris Principles, the Ombudsman was considered a class A institution. The Constitution prohibited racism, the encouragement of racism, xenophobia and racist organizations. Albania had also ratified the Convention on Cybercrime. Regarding the lack of anti-discrimination cases, Albania had an anti-discrimination law and the Ombudsman played a role in preventing discrimination as well. An awareness-raising campaign was being pursued to educate Albanians about non-discrimination concepts and attitudes.

Concerning the situation of the Roma, the National Strategy “On the improvement of the living conditions of Roma people” was adopted in 2003. A year later, the Technical Secretariat for Roma People was established to monitor implementation of the strategy. The Secretariat worked with the Ministry of Labor and Ministry of Health on implementation of this strategy. The Ministry of Interior was particularly important because it implemented measures against human trafficking, activities related to births, death and marriages, registration and measures taken up by local government and the state police to ensure acts of discrimination against Roma did not take place. The Secretariat also conducted awareness-raising activities. Another focus of the Secretariat was coordination with civil society as well as with international partners and donors. The Secretariat worked closely with local Roma civil society associations, which were very active and some of which were headed by women. Regarding state services for Roma, such as unemployment support, economic assistance, health care and education, the Secretariat monitored implementation. The Ministry of Education had done a lot to implement the objectives laid out in the National Strategy and the Decade of Roma Inclusion. It had taken steps to improve the quality and attendance of pre-school and school for Roma but also at the university level. The Ministry of Housing, Ministry of Health and the police had all taken specific measures to address issues faced by the Roma population.

The media was governed by the market but broadcasts in minority languages would be maintained. Programmes in minority languages were designed to deal with social aspects of these communities. During the Universal Periodic Review process, the Serbian and Montenegrin delegations had made comments regarding the rights of these minorities in Albania. Currently, these minorities were not classified differently. The October 2011 census would verify the claims of different interest groups regarding identity, social integration and other criteria.

Further Questions Posed by Experts

Following the delegation’s response, Committee Experts said the dialogue had been very constructive and informative. Committee Members were pleased to learn that Jewish communities continued to be present in Albania. Committee Members were interested in all minority groups, even if they were composed of very few people. Committee Members asked for clarification about Albania’s declaration under article 14, which was being reviewed, and amendments to article 8 of the Convention on the Elimination of Racial Discrimination. The delegation stated that the Government intended to convene consultations between government ministries and the Roma and the other minority groups. Was the intention to consult with minority associations in the process as well? These groups were points of convergence and links to other countries, which could facilitate cooperation. The Committee had been informed that a law on minorities was being developed and encouraged to Government to adopt this law. Another Committee Member asked about the political will and likely success of the bill. Self-identification should be the basis for such a minority law. Non-governmental organizations had highlighted the lack of identity documents for Roma. The Government had to find a way to register these people and provide identity documents. Cooperation with neighboring countries and countries in the region would be helpful in this regard. Problems concerning ethnic or linguistic groups and other minorities could be similar in other countries.

One Committee Member asked about the geographical distribution of minority groups. Did they live in separate enclaves? Did Albania associate itself with the building of a European-wide strategy for Roma? What cooperation had Albania established with States in the region? Committee Members asked which non-governmental organizations were consulted when drafting the periodic report. More information was requested about the referral system mentioned. Since the Technical Secretariat for Roma was composed of three members, Committee Members inquired whether enough resources were available for carrying out the many tasks involved. Also, how extensive was the lack of registration and identity documents for Roma people? How many people had been registered so far? Also, what was the link between blood feuds and the non-attendance of children at school? One Committee Member hypothesized that children could be kidnapped at school due to conflicts between families. Was there a minority or ethnic basis to the blood feuds?

Response by Delegation

The Minority Affairs section of the Ministry of Foreign Affairs was to establish and maintain dialogue with all minorities. In regard to the forced marriage of Roma children, the Government was working to educate Roma children and communities about the issue. Roma and other minorities were not able to obtain identity cards because they were not registered. The Ministry of Interior was working with the Roma community and Roma civic associations to register the Roma population. Two years ago, Albania had changed their identity cards. The Roma could not afford to pay for identity cards, although those that applied could obtain identity cards without a fee. Not all Roma applied and thus, they did not obtain identity cards. The census would provide more information on the extent of the problem. The Government was taking all necessary measures to integrate Roma into the Albanian society.

Pursuing cooperation with other Balkan countries with similar minorities was a good suggestion and the delegation would bring the suggestion back to the capital. It was clear that the Roma situation was not exclusive to Albania. The Decade of Roma Inclusion had been established for this reason, as it facilitated cooperation among States on common objectives and indicators to improve the situation of the Roma population. Committee Members asked what specific progress had been made in terms of the Decade of Roma Inclusion. Albania had joined the Decade for Roma Inclusion, involving cooperation throughout the region. Albania was applying for European Union membership and once it was a member, Albania intended to join the European Union Roma Partnership.

Regarding blood feuds and non-attendance at school, Albania had to strengthen law enforcement activities. There was not an ethnic aspect to the blood feuds. With respect to the situation of Jewish communities, the meeting with the Committee was helping the delegation to consider wider minority issues. Most likely, the report did not consider the situation because Jewish communities were seen as elite, and thus not facing the same issues as vulnerable minorities. The next report would consider the situation of such communities. Regarding the law of minorities, the political will to respect and promote the rights of minorities was present and it would be considered as part of a democratic process.

Preliminary Concluding Observations

GUN KUT, Committee Expert serving as country Rapporteur for Albania, said the dialogue had been sincere and constructive. It was likely that the delegation was now more aware of the Committee’s mode of thinking, why it needed specific information and the questions it asked. The Convention applied to all State parties and there was an accumulation of experience and knowledge of its implementation in these countries. The process of dialogue should be regular and continuous. Once the results of the 2011 census were known, much needed to be done, including the implementation of measures put in place in the last ten years. Having these strategies, legislation and policies on paper did not necessarily translate into success. They had to be measured, and the census was only the beginning. When the Committee discussed minority groups, it did not want to engage in a discussion of who was a minority and who was not. The most important thing was to ascertain who faced discrimination. Mr. Kut emphasized the need for a comprehensive body of legislation on discrimination, which would facilitate the task of prohibiting discrimination.

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