The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined thirteenth and fourteenth periodic report of Albania, with Committee Experts noting the State's legislation to combat racism in sport, while asking questions about the asylum agreement with Italy, and the ways Albania aimed to recognise and include the Roma and Egyptian populations.
Diaby Bakari Sidiki, Committee Expert and Country Co-Rapporteur, noted the State had enacted legislation to combat racism in sport, which was a huge step. There were few countries which had such legislation that was so well grounded, legally speaking.
Régine Esseneme, Committee Expert and Country Rapporteur, said an agreement had been reached with Italy, whereby two centres administered by Italy would be built on Albanian territory, one for the identification of arrivals and the processing of asylum applications, and the other to facilitate the deportation of migrants not eligible for international protection. What measures were taken by Albania to ensure the migrants on its territory enjoyed all the rights accorded to them by international conventions, in particular the obligation of States parties to respect the principle of non-refoulement and non-expulsion? Had the Albanian High Court already ruled on the constitutionality of this agreement?
Mr. Diaby asked how resources were being invested to implement the existing cross-sectoral strategies and increase administrative capacity to work on Roma inclusion? Could more information be provided on Roma children in State care? Another Committee Expert said the Roma were among the largest victims of the Second World War due to inhumane executions. Were there any symbols or monuments paying tribute to their suffering in that war? Roma people had a culture and this should be recognised. One Expert asked what concrete actions had been taken to ensure that Roma and Egyptian populations had access to clean water and sanitation?
The delegation said the Albanian Government had undertaken the responsibility to contribute to the management of migration in Italy, helping the European Union to treat the issue of migration in Europe. Two centres would be established in Albania and would be managed by Italy. Around 2,600 immigrants would be dealt with in these centres. There had been a court trial which assessed whether the agreement impacted human rights. The constitutional decision was that the responsibility for the centres fell under Italy, but this did not mean Albania would not take steps to ensure that human rights were respected.
The delegation said Albania had been making progress on promoting Roma and involving them in institutions. There had been several activities to commemorate the genocide of the Roma in history, but there were no monuments as such. Recently, the Albanian Government had been trying to promote activities related to the Roma minority. The increase of education in Roma communities was a priority. Free textbooks were provided, as well as free transportation to schools. A series of measures had been drafted to prevent segregation in schools. There had been a decrease in the dropout rates of Roma students in schools.
Introducing the report, Vasilika Hysi, Permanent Representative of Albania to the United Nations Office at Geneva and head of the delegation, said Albania's Government had made serious commitments to ensure the prevention of racial discrimination. The parliament had strengthened the oversight role regarding hate speech and hate crimes. The National Action Plan for Equality, Inclusion and Participation of Roma and Egyptians 2021-2025 was underway. Pupils of the Roma and Egyptian minorities were not in separate schools, but they went to schools where they had their residential centres. Between 2021 and March 2024, 1,146 Roma and Egyptians received free legal aid. The Albanian delegation looked forward to a constructive dialogue with the Committee.
In concluding remarks, Ms. Esseneme congratulated the Albanian delegation for making the dialogue as fruitful as possible. She thanked all those who had contributed to the smooth review of the report and wished the delegation a safe trip home.
Ms. Hysi expressed appreciation and gratitude for the open and constructive dialogue with the Committee. Albania would continue to take measures to strengthen its legislation and policies and looked forward to the recommendations to be provided by the Committee.
The delegation of Albania consisted of representatives of the Ministry for Europe and Foreign Affairs; the Ministry of Health and Social Protection; the Ministry of Justice; the Ministry of Interior; the Ministry of Economy, Culture and Innovation; the Ministry of Education and Sports; the Minister of State for Youth and Children; the Committee for National Minorities; the General Directorate of the State Police; the Institute of Statistics; and the Permanent Mission of Albania to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee's one hundred and twelfth session and other documents related to the session can be found here.
The Committee will next meet in public this afternoon, Wednesday, 17 April, at 3 p.m. to consider the combined twenty-second and twenty-third periodic report of Qatar (CERD/C/QAT/ 22-23).
Report
The Committee has before it the combined thirteenth and fourteenth periodic report of Albania (CERD/C/ALB/13-14).
Presentation of Report
VASILIKA HYSI, Permanent Representative of Albania to the United Nations Office at Geneva and head of the delegation, said Albania's Government had made serious commitments to ensure the prevention of racial discrimination. The 2023 Population and Housing Census had taken place from September until November 2023, and there had been no legal obligation to answer the questions related to religion, mother tongue and ethnicity, in line with recommendations of the United Nations Economic Commission for Europe. "Hate Crimes - Diversity and Non-Discrimination" were part of the curriculum for police training at the Professional College. The School of Magistrates was responsible for the continuous training of magistrates and the curricula contained topics related to non-discrimination. Pursuant to the law on the protection of national minorities in Albania, between 2018 and 2022, nine by-laws were drafted and adopted.
The parliament had strengthened the oversight role regarding hate speech and hate crimes. Between 2019 and 2022, the annual resolutions of the parliament addressed to the Prosecutor General, People's Advocate and the Albanian Commissioner for the Protection from Discrimination contained concrete recommendations regarding hate speech and hate crimes, data collection, as well as justice for victims of hate crimes. The National Action Plan for Equality, Inclusion and Participation of Roma and Egyptians 2021-2025 was underway. The commitment to guarantee inclusive education and higher education attainment for Roma and Egyptians was reflected in the National Strategy on Education 2021-2026. Pupils of the Roma and Egyptian minorities were not in separate schools, but they went to schools where they had their residential centres. Persons belonging to national minorities were given the opportunity to learn their history and culture in their mother tongue.
Concerning hate speech, the law on audiovisual media in Albania was amended in 2023, in compliance with European Union legislation, to avoid language of hatred in audiovisual broadcasts. Between 2021 and March 2024, the State Police had referred to the Prosecutor's Office 32 cases for the criminal offense of inciting hatred or strife, and three cases for the criminal offence of the call for national hate. Between 2021 and April 2024, the number of legal aid centres had increased from seven centres to 20. Between 2021 and March 2024, 1,146 Roma and Egyptians received free legal aid. The Albanian delegation looked forward to a constructive dialogue with the Committee.
ROBERT GAJDA, Commissioner for the Protection from Discrimination of Albania, said although Albania had ratified the Convention for the Elimination of Racial Discrimination since 1993, its standards were not clearly understood by public authorities and Albanian institutions. Even though the parliament of Albania had approved laws that complied with the Convention, it still had major implementation challenges. There was a lack of cooperation and coordination between central and local government institutions regarding the implementation of policies for the realisation of social rights. This translated into a lack of guarantee and violation of the rights of citizens, especially for Roma and Egyptian communities, including in relation to housing.
Albania still had no unified, reliable, specified and public data systems, which negatively affected the knowledge and understanding of the realities to devise more realistic and effective policies. Finally, although Albania had approved the Strategy for Equality, Inclusion and Participation of Roma and Egyptians, the Strategy had a low level of implementation and had not made a significant impact on the daily life of Roma and Egyptian citizens living in Albania. Discrimination against Roma and Egyptians in Albania was structured and systemic, and while often hidden, was expressed through discriminatory behaviour and hate speech.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, commended Albania for the efforts made to ensure all persons under its jurisdiction enjoyed inclusive welfare. Could examples be provided of cases in which the Convention had been directly applied by judges or invoked before the courts? What was the composition and responsibilities of the Council of Prosecutors? Did judges and prosecutors participate in the same training courses? How many people had undergone training on human rights modules? What measures had been taken by the State party to train magistrates, lawyers, members of the Judicial Police and others on the provisions of the Convention and their direct applicability in the domestic legal and judicial system?
The People's Advocate and the Commissioner for the Protection from Discrimination produced reports on the state of human rights in Albania and made recommendations to the Government, but these were often not implemented. How did these two bodies collaborate? What stood in the way of the implementation of these recommendations? What had been their specific contributions to the improvement of the human rights situation in Albania? How did the Commissioner for the Protection from Discrimination mechanism work in practice? The Commissioner had the power to investigate complaints and take legal action. What was the procedure followed and the involvement of victims in these cases?
In its last concluding observations, the Committee recommended that the State party develop a comprehensive strategy for birth registration among migrants, refugees and asylum seekers to prevent statelessness. Could the delegation provide the Committee with a response to this concern? Could up-to-date and disaggregated statistics by nationality on non-citizens and stateless persons living in the territory of Albania be provided? What measures had been taken to prevent statelessness and ensure the effective protection of stateless persons and persons at risk of statelessness, and to ensure their effective access to basic social services?
What improvements had been observed in the management of migration flows in Albania since the entry into force of the law on asylum? What were the conditions to be met by applicants to benefit from legal aid? What was the outcome of the National Migration Strategy and its Action Plan 2019-2022, particularly in terms of facilitating migrants' access to different types of support and services? How many migrants had benefited from voluntary return procedures? How many asylum applications had been registered and how many asylums had been granted so far?
An agreement had been reached with Italy, whereby two centres administered by Italy would be built on Albanian territory, one for the identification of arrivals and the processing of asylum applications, and the other to facilitate the deportation of migrants not eligible for international protection. What measures were taken by Albania to ensure the migrants on its territory enjoyed all the rights accorded to them by international conventions, in particular the obligation of States parties to respect the principle of non-refoulement and non-expulsion? How would legal assistance be provided to migrants who ran the risk of automatic detention without judicial review? Had the Albanian High Court already ruled on the constitutionality of this agreement?
GUN KUT, Committee Expert and Follow-up Rapporteur, welcomed the delegation, and said he had served alongside the head of the delegation in the European Commission for many years. The Committee had expected an interim follow up report within a year, but this had not been received. Mr. Kut reminded the delegation that the Committee attached great importance to the follow-up procedure, and timeliness was essential. The implementation of domestic legislation was an issue. Could more information be provided on the fate of the draft bi-laws and decisions on domestic legislation? Forced eviction of Roma and Egyptian minorities was another issue which needed to be addressed.
A Committee Expert asked if Albania had good attendance of schools by Roma children? What was the percentage of dropouts?
Another Expert asked how intercultural dialogue activities were being conducted? What were the outcomes of these activities?
A Committee Expert said the Committee had only received one submission from a non-governmental organization. Were non-governmental organizations consulted in the drafting of the report? How was it ensured there was no overlap between the two human rights institutions?
An Expert said the Roma had always been persecuted and had never been considered as "normal" people. Was there a difference between the Roma and Egyptians? How did the Roma people live? Did they live within the Albanian community or were they isolated in their ghettos? How far could Roma go through schooling? Was there training for Roma in Albania?
Responses by the Delegation
The delegation said statistics had been obtained by the Ministry of Justice on cases of racial discrimination which had been filed in court. Appeals were sent to the Commissioner for the Protection from Discrimination. Multiple training courses had been held within the judiciary on equality and non-discrimination. Topics also included genocide, asylum seekers and the position of the Commissioner for the Protection from Discrimination. These training courses focused on the training of judges and prosecutors. Between 2020 and 2023, there were 10 training courses dedicated to hate speech and minorities, and 87 magistrates were trained. The number of magistrates undergoing training was increasing. The Convention was very well known by judges, prosecutors and magistrates as it was part of the curriculum.
A series of training courses had been organised for police officers, which included the prevention of discrimination against and tackling of stereotypes affecting the lesbian, gay, bisexual, transgender and intersex community. Five hundred students were trained and informed about hate crimes against this community. In 2023, over 7,500 police officers were trained at a local level. Albania provided temporary protection, including for Afghan residents. They had the right to shelter, accommodation and employment. These people received the healthcare card to access these rights.
The People's Advocate offered only recommendations, whereas the Commissioner for the Protection from Discrimination was a legal institution. The Convention was widely used by the Commissioner in decisions. This allowed the courts to have more knowledge of the Convention and of the Committee's recommendations. Three training courses per year would become compulsory in the school of magistrates regarding racial discrimination.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, said most of her questions had not been answered. The questions on the agreement between Albania and Italy on the management of migrants had not received any responses. What was the situation of unaccompanied migrant children?
Another Expert asked if an age assessment system had been introduced? What measures had the authorities taken to prevent racial discrimination?
A Committee Expert asked what concrete actions had been taken to ensure that Roma and Egyptian families had access to clean water and sanitation?
Responses by the Delegation
The delegation said the Albanian Government had undertaken the responsibility to contribute to the management of migration in Italy, helping the European Union to treat the issue of migration in Europe. Two centres would be established in Albania and would be managed by Italy. Around 2,600 immigrants would be dealt with in these centres. There had been a court trial which assessed whether the agreement impacted human rights. The constitutional decision was that the responsibility for the centres fell under Italy, but this did not mean Albania would not take steps to ensure that human rights were respected.
No reports could be drafted without the contribution of non-governmental organizations. Three strategies had been adopted to deal with unaccompanied children. A strategy had been adopted for trafficking in persons, and access to justice was a key pillar of this plan. In 2023, there were 10 unaccompanied children, but now there were none on Albanian territory. A new centre was being established for unaccompanied children which would be completed in 2026.
Roma and Egyptian children were integrated in normal schools in their areas of residences. The main language was Albanian, but this did not mean they were not taught in their mother tongue. A full curriculum had been drafted in Roma language in elective subjects at the schools they were attending. There was no Roma school, because to have a full education, there needed to be enough teachers who knew the Roma and Egyptian language. There were a number of these teachers, but they were not sufficient to develop a full curriculum. After school classes were provided to Roma and Egyptian children to encourage them to attend school and not drop out.
Albania had undergone a thorough vetting process of the judiciary. The parliament had adopted a law regarding court and trial expenses for those who could not afford them.
Questions by Committee Experts
DIABY BAKARI SIDIKI, Committee Expert and Country Co-Rapporteur, said Albania needed to gather specific data on the number of individuals belonging to ethnic monitories. What measures had been undertaken to combat racial discrimination against ethnic minorities? What measures had been adopted to combat poverty among these ethnic minorities? What measures were envisaged to ensure access to adequate housing and living conditions for these groups? What measures were being considered to address harmful social norms towards Egyptians, Roma, Macedonians and Greeks?
How did the State intend to adopt the rest of the implementing texts related to its 2017 framework law on the protection of nationals? How were resources being invested to implement the existing cross-sectoral strategies and increase administrative capacity to work on Roma inclusion? Could more information be provided on Roma children in State care? The Committee would also like to have a detailed update on the measures taken to ensure that all Roma, Egyptian, Macedonian and Greek families had access to water and sanitation.
A Committee Expert said the Roma were among the largest victims of the Second World War due to inhumane executions. Were there any symbols or monuments paying tribute to their suffering in that war? Roma people had a culture and this should be recognised. The Roma should not be mixed in with Greek and Macedonian minorities.
Another Expert said in 2022, a loan was announced by the World Bank to improve water and sanitation in Albania. What concrete actions had been taken to ensure that Roma and Egyptian populations had access to clean water and sanitation under this programme?
An Expert did not understand the reference of the Greek population in relation to Roma.
Responses by the Delegation
The delegation said Albania had been making progress on promoting Roma and involving them in institutions. There had been several activities to commemorate the genocide of the Roma in history, but there were no monuments as such. Recently, the Albanian Government had been trying to promote activities related to the Roma minority. The increase of education in Roma communities was a priority. There had been a decrease in the number of Roma children attending basic education. Free textbooks were provided, as well as free transportation to schools. A series of measures had been drafted to prevent segregation in schools. This plan foresaw the increase of investments in the schools. There had been a decrease in the dropout rates of Roma students in schools. An important initiative was undertaken to improve the health infrastructure to ensure everyone had equal access to health services. The reduction of poverty was also one of the main objectives of the Government. A strategy addressed special stakeholders, social protection and integrated social services. A considerable number of Roma and Egyptian students attended vocational schooling.
A web-based electronic system had been established since 2016 and had been operating in all municipalities across the country. These institutions had helped in monitoring plans over the years. In 2023, 18,000 Roma and Egyptian persons had benefitted from preventive healthcare measures. These included women who benefitted from mammograms and pap smears. Families with a lower socio-economic background were provided with opportunities which enabled them to enter the labour market. Several online reporting systems were managed by civil society. Hate speech was condemned in the Albanian parliament. A special chapter foresaw the drafting of a compensation scheme for discrimination victims.
Questions by Committee Experts
DIABY BAKARI SIDIKI, Committee Expert and Country Co-Rapporteur, thanked Albania for the programmes the State was implementing for Roma and Egyptian children. Would the State be prepared to increase the quota for social housing for minority groups? Could further information in the Census be provided about Roma, Egyptian and other minorities? What proportion of the prison population was comprised of members of Roma and Egyptian minorities?
A Committee Expert asked why the Roma and Egyptian minorities were referred to as Egyptians?
Another Expert asked about the issue concerning the European Commission of Human Rights and segregation at schools; was the procedure concerning the execution of this judgement completed? Had the judgement been executed in full?
Responses by the Delegation
The delegation said there had been numerous debates regarding the language used about "Egyptians". This was what they wished to be known as. The quota from social housing was established in 2018. It had begun at 0 per cent, so five per cent was a development. Nine minorities were legally recognised in Albania. If a group fulfilled the criteria, it could be recognised as a minority. So far, there were no other minorities in Albania. There had been three budgeting programmes implemented for the Roma and Egyptian communities.
A platform had been started in early April with civil society to obtain their input on the national action plan. The congress of Roma women had been held in Tirana. This was a non-governmental organization activity which had the support and participation of the Albanian Government. An annual plan of awareness activities and awareness raising was being drafted in elementary schools. There was a focus to enrich the knowledge of the principles of schools about bullying and racial discrimination to allow these issues to be tackled at the institutions they led.
The Ministry of Economy, Culture and Innovation was involved in implementing a Council of Ministers directive to ensure the participation of minorities in economic, cultural and social life. The Ministry had reflected the elements of gender equality for marginalised groups and provided grounds for cultural projects. One achievement had been the publication of the Albanian/Roma dictionary.
Questions by Committee Experts
An Expert asked how the Roma community lived today? Did its members live in ghettos? Was there any programme to remove these ghettos in the near future, with a view to improving the living conditions of this minority group? How did this group access identification documents?
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, asked what was preventing the implementation of recommendations from the Commissioner for the Protection from Discrimination and the People's Advocate? What was the situation of birth registration for children, refugees and asylum seekers? Could statistics be shared on stateless persons living in Albania?
DIABY BAKARI SIDIKI, Committee Expert and Country Co-Rapporteur, noted with satisfaction the programmes and national plans which had been implemented, particularly in terms of education and those to combat unemployment. The delegation said there had been an improvement in school registration for Egyptians and other minorities. Had there been a higher presence of these minorities taking exams in secondary school and going on to higher education? Why were the Roma and Egyptian minorities geared towards vocational training? How were these minorities represented? Were their stories and histories told in books?
Responses by the Delegation
The delegation said the Commissioner for the Protection from Discrimination issued decisions which were mandatory for the authorities to implement. A mechanism had been established by the Albanian parliament which was relayed to the central government. It was difficult to monitor local governments, and recommendations remained unimplemented and unmonitored. The parliament should ask the local governments why these had not been implemented. All citizens had identification cards, but there was no ethnicity listed. Albanians had the right to self-declare, but they were just seen as Albanian citizens. Universal health coverage was the main goal for the Government. The Government was working hard to improve the quality of health care provided. Mobile health units were guaranteed for Roma and Egyptian communities, with doctors visiting areas where required.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, said the law of 15 October 2020 considered hate speech as a new form of discrimination. What were the specific provisions of this law that punished hate speech? As the investigations conducted by the Commissioner for Protection from Discrimination were administrative investigations, what was the legal nature of the decisions and when were they considered final and binding? Could these decisions be challenged before the courts? How many decisions on hate speech had been made and published since the 2020 law came into force? Articles 265 and 266 of the Penal Code, as amended, punished incitement to national hatred against certain groups of the population. How many complaints had been registered, investigated and prosecuted pursuant to these laws? What did the Alliance against Hate mechanism consist of? What actions had been carried out by this mechanism to date, and what were the results? What were the legal provisions that punished racial profiling in Albania?
The reform of the judicial system had created three bodies that managed the careers of magistrates, including the High Council of the Public Prosecutor's Office, the General Assembly of Judges. and the High Council of the Magistracy. How did these bodies work and collaborate? What were their roles in the proper administration of justice? What measures were being taken to improve access to justice, including legal aid, for national minorities, especially Roma and Egyptians?
What were the conditions required to benefit from legal aid? How many victims of trafficking had been identified? What follow-up had been given to their situations in terms of prevention, protection, assistance and reparation? How many investigations and prosecutions had been carried out against traffickers?
The People's Advocate had been accredited "A" status by the Global Alliance of National Human Rights Institutions since 2003. Upon its re-accreditation in December 2020, it was encouraged to advocate for a broader mandate that included the ability to address all human rights violations resulting from private entities. To what extent had this recommendation been implemented? Could more information be provided about the work of the People's Advocate? Was there a regulatory or supervisory body to avoid overlap with the work of the Commissioner for Protection from Discrimination? What relationship did these institutions have with the judicial system?
Responses by the Delegation
The delegation said hate speech was an important issue being reflected in Albanian legislation. By amending laws in 2021 and 2022, including for audio visual media, addressing hate speech had become one of the main elements in plans to combat radicalisation. Articles in the Criminal Code considered hate speech as a criminal offence. A special department dealt with cybercrime, hate speech and discrimination, identifying and taking action against such offences. Regarding the article on the incitement of national hatred, there had only been one criminal offence. The criminal policies in practice had room for improvement. When it came to the question of hate speech in the media, Albanian legislation regulated audio-visual media, but social media had not yet been regulated. It was difficult to find a balance between freedom of expression and infringing on this right. A new Code for Audio-Visual media had been approved. It included a series of amendments, including the prohibition of certain language. A new section on hate speech had been added to the Transmission and Broadcasting Code, regulating several rules on distancing from hate speech and guests on television.
The parliament of Albania had approved the Code of Ethics which regulated the communication of members of parliament inside and outside parliament. A specific article was provided for racist and sexist language. The High Prosecution Council and the High Judicial Council were engaged with the judiciary system in Albania. The two institutions collaborated frequently and had a meeting once a year regarding the implementation of the Criminal Code. Both institutions reported to the parliament of Albania. Regarding the Commissioner for the Protection from Discrimination and the People's Advocate, there was no overlapping in the field of responsibility of these two institutions. The parliament had evaluated the work of both institutions substantially.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, asked what relationship the national human rights institutions had with the justice system? Were the media outlets required to publish definitive decisions from the Commissioner? At what point did the decisions become definitive?
A Committee Expert said a lack of digital skills and access to technology continued to prevent Roma and Egyptians from enjoying their rights and accessing public services which were increasingly becoming digitised. What measures were being taken to address this digital divide? Disinformation was a major challenge in modern times. What measures were being taken to deal with information and disinformation which perpetuated racial hatred on social media?
Responses by the Delegation
The delegation said two studies had been conducted, which resulted in Albanian legislation being brought into full compliance with international standards. As a European country, Albania was advised to adapt legislation based on the European Court of Justice directives. The Criminal Code provided the discriminatory criteria. An annual report was produced on the work of the Commissioner for Protection from Discrimination which outlined all the decisions presented to the courts. The number of decisions implemented by the Government were 53 per cent, which was an increase from previous years. The public broadcasting media outlets were required to publish the final decisions of the Commissioner pertaining to hate speech. Once decisions were confirmed by the courts, they were required to be published on national television. The decisions of the Commissioner served as guidance for cases of racial discrimination.
Questions by Committee Experts
A Committee Expert said it would be useful if good practices could be reflected regarding the involvement of the parliament. The Committee encouraged the State to consider the possibility of acceding to article 14 of the Convention on individual communications.
DIABY BAKARI SIDIKI, Committee Expert and Co-Rapporteur, asked what provisions were adopted for access to health care for ethnic minorities by the health care system, including community-based health care for Roma and Egyptians? What had been the impact of the new legislation on statelessness, which entered into force in 2018? How did the Government plan to address multiple and intersectional forms of discrimination against women belonging to ethnic minorities? Did the 2023 Census reveal any traces of populations from Africa? Regarding people of African descent, a case of rape was reported to the Committee, on a woman who was raped and left for dead. It appeared the Tirana police ignored this case. Was there an investigation for this case? Did this lead to the conviction of the perpetrators?
Stereotypical language was being used in Albania; what measures were being taken by the State to reign this in? Had the Government taken action to promote cohesion between communities? Would the State consider supporting the second upcoming Decade for People of African Descent? Did Albania have a national plan for statelessness and was there a mechanism for identifying stateless persons? Albanians were sometimes victims of racism and discrimination in sport. What was being done by the State to prevent this from happening inside and outside the country?
An Expert asked what percentage of the Roma population was covered by private health care?
Another Expert asked what challenges the State party faced in combatting racial discrimination in the country? How were the impacts of measures assessed? Had the recommendations of the Committee been helpful in this regard? Did the education system accommodate any discussion to allow all children to understand the dangers of hegemonic masculinity?
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, said the Committee's latest concluding observations asked the State party to develop a comprehensive strategy for the registration of births among refugees and asylum seekers to reduce statelessness; had this been implemented? What was being done regarding stateless children in Albania? Would Albania consider ratifying the conventions on statelessness?
Responses by the Delegation
The delegation said children born in Albania were granted Albanian citizenship. In the case of children born to foreign nationals, they were granted Albanian citizenship with the permission of their parents. From January 2018 to September 2023, over 2,900 children without a State confirmed their citizenship; 50 per cent of these children belonged to the Roma community.
Hate speech was considered to be verbal violence and was treated as such. It was combatted through the school curricula, which were based on the principles of non-discrimination and inclusion. There were special subjects, including history and citizenship, which addressed the issues of statelessness and non-discrimination. Schoolbooks were approved as the only textbooks to be used in schools. One of the basic standards of these textbooks was the prevention of discrimination and the introduction of inclusion. Apart from these textbooks, which were approved by the Ministry of Education, no other textbooks could be used. Around 1,500 cases of violence had been identified and addressed, with over 70 per cent of them being verbal violence. Schools and educational institutions had all the necessary capacities to address violence. Bodies, including the Committee of Ethnics and the Committee of Discipline, had been established and were present in all schools.
Vocational education was a priority, not just for Roma children, but for all children who had completed basic education. It provided them with an extra opportunity, either to continue with higher education, or to enter the labour market. Five seminars had been held with the Roma and Egyptian communities, which had resulted in common recommendations, including for returnees.
Albanian legislation did not allow early marriages; 18 was the earliest legal age for marriage. The national action plan to combat trafficking had special provisions which targeted children. The anti-trafficking commission had organised different sessions which protected children's rights. The national strategy for cyber security up to 2028 had a specific section on children. There were various hotlines for reporting trafficking, including a line which went directly to the police. Higher penalties were provided if the victim was a female. In 2021, a national action plan had been drafted for the inclusiveness of Roma and Egyptians, which aimed to warn these communities on the dangers of trafficking. Reintegration services were provided in conjunction with civil society, with a focus on minorities.
Regarding the case of the girl in Tirana, it was undecided if this was rape. Albania was awaiting the autopsy results from Kenya. In 2021, the criteria for initiatives had been adopted, which aimed to benefit minorities in the country. Parents of children belonging to minorities who did not have access to technology were assisted by the education system to register their child. There was no form of exclusion and almost every child was included within the education system in the country.
Albanian legislation did not have specific laws regarding disinformation in online networks. However, as Albania had been a victim of disinformation coming from unfriendly countries, it was establishing a commission to review the information and legislate it, in line with the standards of the European Commission. Most disinformation came from social media sites, including Facebook and TikTok. Albania had a strategy and national action plan which were highly concrete. A conference would be held later in the year to combat racism and discrimination. Albania was one of the best models of religious tolerance, and the best experts from all over the world would be at the conference. Albania urged all countries to attend.
Questions by Committee Experts
DIABY BAKARI SIDIKI, Committee Expert and Co-Rapporteur, noted the State had enacted legislation to combat racism in sport, which was a huge step. There were few countries which had such legislation that was so well grounded legally speaking. The State had also taken steps to reduce trafficking, which had resulted in a reduction in the number of cases. Albania was encouraged to continue these efforts. How were the issues of racism from Albanian history dealt with in schoolbooks?
A Committee Expert said it was risky to consider that law carried more weight than actions; this was not the case. In a few weeks, there would be European elections, where all European States were preparing to access legislative power. This often had a direct bearing on the State's own decision making. The far right was gaining traction across all of Europe, particularly France. What did Albania intend to do if minorities were not represented in parliament? The Roma minority had no right to anything as far as things stood. Were they still living in ghettos?
Another Expert asked about the number of refugees being hosted in Albania, and which countries they came from?
A Committee Expert asked if a decision had been taken to establish a fund for minorities? Had this been adopted and if so, what results had been achieved?
An Expert said in 2005, contaminated water had resulted in an outbreak of hepatitis among children. What steps had been taken to ensure that all Roma and Egyptian families had access to clean water and sanitation, given the previous issues which had occurred over the years?
Another Committee Expert said Albania phobia was created by an Albanian researcher, who had published a report on racism in the mass media. Were there policies and programmes in place to reflect the painful past of the Albanian community, and to bring justice to the victims?
Responses by the Delegation
The delegation said all people living in Albania enjoyed all their rights without discrimination. Albania had a small number of people of African descent living in the country. For them, Albania served as a transit country into the European Union. History was taught in the mother tongue of minorities, as was geography. Roma and Egyptian students were able to take subjects on their own history and culture as elective subjects.
The parliament of Albania in conjunction with the People's Advocate had organised a round table for the protection of human rights, and an action plan. This had been attended by legislators. Albania had a well-regulated legal framework which guaranteed the protection of rights. Human rights defenders were active in Albania and had the right to file complaints and present opinions to the Constitutional Court. There were well trained investigative journalists and the investigative media was highly empowered.
The massive influx of refugees coming from Afghanistan and Ukraine were well accommodated and had no complaints. Albania was a good model to follow when it came to managing migratory influxes. Albania had improved the legislation for foreigners, which was in full compliance with the European Union regulations; 570 beds were available for foreigners entering Albania through migration. The law for asylum seekers in Albania included all migrants' rights, in compliance with the principles of the Constitution and the Conventions which had been ratified.
Public data existed regarding safe access to water and hygiene sanitation for the Roma and Egyptian communities. Some 84 per cent of Roma had access to water and electricity in their areas. The concept of mediators had been introduced, who were from the Roma and Egyptian communities. Special support was provided to Roma women who were victims of domestic violence and trafficking.
Concluding Remarks
RÉGINE ESSENEME, Committee Expert and Country Rapporteur, congratulated the Albanian delegation for making the dialogue as fruitful as possible. Ms. Esseneme thanked all those who had contributed to the smooth review of the report and wished the delegation a safe trip home.
VASILIKA HYSI, Permanent Representative of Albania to the United Nations Office at Geneva and head of the delegation, expressed appreciation and gratitude for the open and constructive dialogue with the Committee. Albania would continue to take measures to strengthen its legislation and policies, and looked forward to the recommendations to be provided by the Committee, which would provide importance guidance in the implementation of the Convention.
