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Newsletter
387#27/11/2007
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Working together, all of us can bring a prosperous world to the children! HELP THE CHILDREN Electronic Newsletter of the Children's Human Rights Centre of Albania - CRCA / DCI Section ALBANIA Funded by: Olof Palme International Center and SIDA (Swedish International Development Agency)
This Electronic Newsletter is prepared by the Information
and Research Centre for Children's Rights in Albania - IRCCRA.
The Children's Human Rights Centre of Albania - CRCA
is:
IN IN THIS EDITION:
- Overview of the Electronic Newsletter
- EUROPEAN COMMISSION PROGRESS
REPORT 2007 FOR ALBANIA Human rights and the protection of minorities As regards promotion and enforcement of Human Rights, they are guaranteed
by Albanian law, and the government generally observes them. However,
shortfalls remain in enforcement of human rights in fields such as
preventing torture and ill-treatment, the rights of detainees and
the right to a fair trial. Details of weaknesses in specific areas
are given below. Civil and political rights With regard to prevention of torture and ill-treatment and fight against impunity, the Criminal Code definition of torture was amended in accordance with Article 1 of the UN Convention against Torture. The Prosecutor General issued formal instructions to prosecutors and judicial police underlining the need to observe human rights in criminal proceedings. Progress was made in implementing European Committee for the Prevention of Torture (CPT) recommendations. In particular, the transfer of responsibility for pre-trial detention facilities from the Interior Ministry to the Justice Ministry is now largely complete. An inter-ministerial task force coordinated by the Ministry of Foreign Affairs was set up to monitor implementation of CPT recommendations. Awareness-raising activities were held for journalists and the public. However, allegations of ill-treatment of suspects by police during arrest or questioning are still frequent. There has been little progress on application of basic safeguards against ill-treatment during pre-trial detention, such as access to a lawyer and doctor and notification of detention to relatives. Prosecutions for ill-treatment do not always make reference to an appropriately serious offence. Legislation setting criteria for compensation to victims is not yet in place. Amendments to the law on the rights and treatment of inmates are delayed. The Code of Ethics for the prison system is not always followed. Training for prison staff on the European Convention on Human Rights is needed. The Supervisory Commission for the Execution of Imprisonment Sentences, which is intended to advise the Minister of Justice on enforcement issues and on protection of the rights of prisoners and detainees, is still not operational. Cases of arbitrary arrest and mistreatment of homosexuals by the police still occur. Overall, some steps have been taken to prevent torture and ill-treatment of detainees but considerably better enforcement of human rights rules and proper prosecution of abusers is still required. As regards access to justice, Albanian legislation provides for free legal defence for defendants who cannot afford a private lawyer. However, the existing system is segmented and lacks a practical monitoring mechanism. It therefore does not always provide timely and appropriate advice. Free legal defence is not recognised in the High Court of Justice. Improved legislation is required. With regard to the prison system, most police detention centres have been closed and detainees transferred to new pre-trial detention sections in prisons with better physical conditions and some facilities for social rehabilitation. Two new prisons, a new pre-trial detention centre and a forensic psychiatric hospital are under construction. The design of these new facilities will comply with international standards. Several prisons have been refurbished to improve conditions for inmates. Improved food standards for prisoners have been introduced. A victim-offender mediation programme has been set up. Progress in building new pre-trial detention centres is slow. It will be important to ensure that management of new detention facilities complies with international conventions. International practice requires that the pre-trial detention regulation be made into a law. Alternatives to imprisonment are rarely used in sentencing. Progress on a planned new law on alternative sentencing is delayed. A probation service is not yet in place. This is necessary in order to make alternative sentencing work effectively, which could help slow the continued growth of the detainee population. The human and material resources available for the prison system remain insufficient. All prisons and pre-trial detention centres are overcrowded. An effective monitoring and inspection system for prisons is not yet in place. Progress on improving rehabilitation activities, such as education, work and social programmes for detainees, has been limited. Overall, there has been progress in improving the prison and pre-trial detention system but detention standards remain poor due to lack of resources. Freedom of expression and of the press is constitutionally guaranteed in Albania, but many media outlets remain subject to political or economic interests. The 2006 decision to widen the composition of the National Council for Radio and Television (NCRT) and the Steering Committee of Albanian Radio and Television to include experts proposed by the parliamentary opposition has been implemented. The NCRT signed a Memorandum of Understanding with the Competition Authority on cooperation in promoting free competition in the electronic media field. Albania agreed to an action plan to develop new broadcasting legislation. The plan involves consultation with stakeholders and the international community. The labour code was amended to improve the status of journalists. The government initially proposed a draft digital broadcasting law without the agreed consultation, as an urgent anti-piracy measure. Further consultation led to a new law which largely takes into account European Commission and Council of Europe advice. However, current legal guarantees on freedom of expression are not yet implemented fully, particularly regarding the print media and respect of journalists' independence by media owners. Government-proposed legislation removing custodial sentencing for defamation has not yet been adopted. Work on legislative improvements in areas such as transparency of media ownership, defamation and the status of journalists is not yet sufficiently coordinated. Work on comprehensive new broadcasting legislation needs to continue and intensify, using the process agreed with the Commission and the Council of Europe. Government decisions on broadcast licensing and tax enforcement in the media sector have led to accusations of bias. To foster media freedom, both the Albanian authorities and media firms need to act transparently and within the law. The NCRT needs to implement the new digital broadcasting law in line with EU practice. The planned Council on Media Ethics has not yet begun its work. Wider debate on ethical issues and better training of young journalists is necessary. Journalists' associations remain Overall, Albania has made some progress on freedom of expression, a key European Partnership priority. It now needs to improve implementation of existing legislation and approach reform in this field in a more coordinated manner in consultation with stakeholders and experts. The legal framework for civil society organisations remains open and non-restrictive. Civil society actors have been actively involved in discussions on important new laws such as the state police law and the law on higher education. However, civil society groups still lack sustainable resources, organisational capacity and advocacy skills. Albania would benefit from greater involvement of citizens in governance through civil society groups. This requires more effective channels for dialogue and greater transparency, in particular regarding public finance information. Civil society groups would benefit from forming closer ties with other NGOs in the region. As regards freedom of religion, the inter-faith climate is positive and mutually tolerant. The government supports positive relations between religious communities. Albania continues to provide a valuable example of religious harmony in the region. However, religious communities remain adversely affected by the authorities' failure as yet to provide for full restitution of properties and other belongings.
With regard to women's rights, Albania is progressively bringing its legislation on working conditions and equal opportunities into line with the acquis. Amendments to the 2004 Gender Equality Act gave the Ministry of Labour, Social Affairs and Equal Opportunities exclusive responsibility for gender equality. This led to the creation of a specific ministry section for gender equality issues. A new law addressing domestic violence has been adopted. It regulates the network of authorities which deal with domestic violence and provides new protection measures for victims, for example protection orders issued by courts. A new master's programme in gender and development has been set up by the Gender Studies Institute in the Faculty of Social Sciences at Tirana University. However, the Gender Equality Act does not ensure full protection against discrimination on grounds of gender as provided under the acquis and has in any case remained largely unimplemented. Further work is needed on putting in place a national strategy, implementing legislation and structures and trained staff. Government bodies dealing with gender issues, such as the State Committee on Equal Opportunity, remain weak, as do related NGOs. Work on the cross-cutting National Gender Equality Strategy is not yet complete. Further steps are needed to improve women's inclusion in the labour market and their participation in political and economic decision-making processes. Women comprise 10 of 140 members of parliament. One of 15 government ministers is a woman. Albania remains at an early stage in mainstreaming gender in employment and other policies. The new domestic violence law does not make domestic violence a specific offence and does not cover the issue of forced marriages. Albania continues to be a source country for the trafficking of women, often minors, for sexual exploitation. Overall, there has been some progress on strengthening women's rights. However, Albanian legislation does not yet protect these rights sufficiently and is not fully implemented. As regards children's rights, the government is making efforts to gather the data required to assess needs. New juvenile sections at six district courts should improve treatment of juveniles as regards criminal justice. The child rights monitoring system includes regional units which gather data on individual cases and build the capacity of local authorities to protect children. Five new local Child Rights Units have been set up. A child labour monitoring system has been set up to identify working children, assess risks and propose viable alternatives. Progress has been made towards improving access to primary education and its quality. The Ministry of Education has begun a "second chance" programme to help reintegrate children who have dropped out of school. The Ministries of Education and of Financial Affairs signed an agreement on information-sharing and cooperation to prevent unlicensed private education activities. Progress has been made on developing indicators for child nutrition. Social services rules on children with disabilities and victims of trafficking have been improved. Regarding children kept at home and thus deprived of their right of education, the number of children involved in blood feuds decreased from 104 in 2005 to 95 in 2006 and 87 in 2007. However, a draft law on birth registration, which is vital for widening children's access to education and primary healthcare, has still not been adopted by the government. Government resources are not sufficient to guarantee children their right to education. The child protection mechanism remains relatively weak. Civil servants working on child protection require improved training. Awareness of children's rights among children and adults remains limited. The many children not registered at birth, particularly from the Roma community, remain at greater risk from traffickers. Child labour remains widespread, with an estimated 32% of children aged between 6 and 17 working. Amendments to the Penal Code concerning exploitation of children through forced labour, sale and pornography have been proposed but not yet approved by parliament. Article 7 of the European Social Charter concerning the right of children and young persons to protection remains unfulfilled in that the authorities' measures to protect minors from sexual exploitation have so far had limited effect. Further progress on juvenile justice is limited by lack of a specific legal code. Overall, there has been some progress on children's rights. Further progress is hindered by delays in key legislation and lack of resources. With regard to socially vulnerable and/or persons with disabilities, there are 114,000 families who benefit from social assistance at present. The government has adopted new standards for social services and set up a unit for monitoring them. Licensing criteria for social service providers have been revised. The Law on Social Services was amended to remove the age limit for financial support. A national strategy for people with disabilities is in place. A Secretariat for Persons with Disabilities has been established in the Ministry of Labour, Social Affairs and Equal Opportunities to monitor its implementation. Progress has included a 30% increase in financial resources to support people with disabilities over the last two years and new legislation on human rights rules and procedures for psychiatric hospitals. First steps have been taken to progressively house mentally ill persons in community-based facilities rather than psychiatric hospitals. However, no state resources are allocated to implementation of the national strategy for people with disabilities There has been no progress on related legislation. Coordination between the ministries involved requires improvement. Progress, including new legislation, is needed on de-institutionalisation and aid to dependent persons. Measures to promote access of people with a disability to employment, education, including integrated education, and the environment, goods and services have yet to be developed. New amendments to the Criminal Code specifically provide for punishment of instigators of blood feuds and self-imposed isolation and of blood feud murderers. There has, however, been no progress on establishment of a national coordination council to develop a national strategy against blood feuds and to coordinate the activities of the relevant government agencies. Lack of reliable data on the extent of the problem hinders appropriate action. Overall, there has been some progress regarding socially vulnerable and/or people with disabilities but measures to support them remain limited and better coordination of government agencies could improve results. As regards anti-discrimination policies, Albania's constitution prohibits discrimination on grounds of gender, race or religion. However, there is no proper legal definition of discrimination or specific legislation addressing it. Appropriate institutional support for victims, including by existing institutions in charge of human rights, needs to be ensured.
As regards cultural rights, Albania recognises three national minorities ('Greek', 'Macedonian' and 'Serbian-Montenegrin') and two ethno-linguistic minorities ('Aromanian' and 'Roma'). A climate of respect and tolerance generally prevails regarding minority groups. Albania ratified the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which has now entered into force. Albania is endeavouring, within its budgetary limitations, to fulfil its commitments under the Council of Europe Framework Convention for the Protection of National Minorities. The government signed memoranda of understanding with local governments to promote the use of minority languages in relations with the administrative authorities and to display traditional place names in areas inhabited by persons belonging to national minorities. The Albanian Constitution provides that persons belonging to minorities have the right to be taught in their mother tongue. Updated syllabuses now allow members of minorities to include subjects in their mother tongue in their curricula. Schools specifically for members of the Greek and 'Macedonian' minorities have significantly higher teacher-pupil ratios than the national average. The Ministry of Education and Science issued an instruction allowing Roma children to enrol in schools without being registered. Several radio and television operators broadcast in minority languages, mainly Greek and 'Macedonian'. Greek, 'Macedonian' and Aromanian minorities have their own newspapers. The Ministry of Tourism, Culture, Youth and Sports supports publication of a magazine focusing on the culture and social issues of the Roma and organises annual national festivals to promote the cultural heritage of all Albania's minorities. However, the development of protection policies requires up-to-date statistical data on minorities. No progress has been made in strengthening the presence in the police force of people belonging to national minorities in areas in which they live. It remains difficult to include subjects in some minority languages, particularly the Roma language, in curricula. Albania has not signed the European Charter for Regional and Minority Languages as it cannot yet afford the attendant expenditure. The number of Roma children in schools has not substantially increased and the literacy rate of the Roma population remains low. Further action is required to overcome barriers to minority education, such as poverty, language difficulties, temporary migration and discrimination, particularly for the Roma minority. Overall, there has been some progress on cultural rights but further improvement is needed. The economic and social situation of the Greek, 'Macedonian', Serbian-Montenegrin and Aromanian minorities is generally good. People belonging to these minorities fully participate in the economic, social and political life of the country and often have organisations representing their interests. The Aromanian ethno-linguistic minority is particularly active in its efforts to preserve its ethnic and linguistic heritage. The National Strategy for the Improvement of the Roma Living Conditions is being implemented. The staff monitoring its implementation has received training. Steps have been taken to improve housing, employment and business opportunities for Roma people and to organise vaccination campaigns. However, the Roma minority still faces poverty, discrimination, extremely high illiteracy rates and very difficult living conditions. Less than half of all Roma children go to primary school, and only about 25% complete primary education. The Roma population's very low level of education and professional qualifications limits access to the formal labour market, which exacerbates poverty. The Roma often work in informal sectors, and begging is widespread among women and children. Many Roma families are not registered with the authorities. This excludes them from social assistance, impedes access to basic services, including education and health, and increases the risk of human trafficking. The situation of the Roma community in Tirana is now stable but remains worse than in other districts. Albania is not participating in the 2005-2015 Decade of Roma Inclusion. Implementation of the national Roma strategy is slow and fragmented. No state budgetary resources are currently allocated for its implementation - the Ministries of Health, Culture, Education, Transport and the Interior allocate funds annually from their budgets. Other contributing factors include weaknesses in the strategy's priorities and indicators, poor coordination and lack of effective local government participation or dialogue with the Roma community, which itself has weak organisational capacity. There are still only three staff from the Ministry of Labour and Social Affairs monitoring implementation of the strategy. Further efforts are needed to grant the Roma minority equal opportunities and to address problems such as civil registration, education and participation and representation in decision-making. Overall, there has been little progress in improving the situation of the Roma, which continue to face very difficult living conditions and discrimination, especially in the areas of education, social protection, health care, housing and employment. Lack of resources and weaknesses in strategy have limited the impact of government measures.
In English: http://ec.europa.eu/enlargement/pdf/key_documents/2007/nov/albania_progress_reports_en.pdf
http://www.delalb.ec.europa.eu/en/index.htm
Overview of Electronic Newsletter This Electronic Newsletter is prepared by the Information and Research Centre for Children's Rights in Albania - IRCCRA on behalf of the Children's Human Rights Centre of Albania - CRCA / Defence for Children International - Albanian Section. More than 450 NGO's, international organisations and agencies, state bodies, donors, individuals, and other partners of CRCA - IRCCRA receive this Electronic Newsletter. If you would like to publish your news, reports, announcements, invitations, or other documents concerning children rights, youth rights, women and human rights, please contact with IRCCRA. If you wish to subscribe or un-subscribe from the mailing list please e-mail to: irccra@crca.org.al All readers are permitted and encouraged to copy and distribute all or any part of this electronic publication, provided that proper attribution is given to the Children's Human Rights Centre of Albania - CRCA. No part of this electronic publication may be sold in any form. The opinions expressed in this E-newsletter do not necessarily represent the policies or opinions of the Children's Human Rights Centre of Albania (CRCA), Information and Research Centre for Children's Rights in Albania (IRCCRA), or those of Olof Palme International Center or SIDA (Swedish International Development Agency). Children's Human Rights Centre of Albania - CRCA =============================================================== Information & Research Centre for Children's Rights in Albania
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