Albania

Albania is a prime example of the difference between laws on paper and realities experienced by LGBTI people in their daily lives. Further legislative progress was made in 2016, with adoption of an action plan to promote and protect the human rights of LGBTI people, adding to an already comprehensive legal package protecting the human rights of LGBTI people. However, no efforts were made to address pervasive homophobic attitudes in society. As a candidate country, Albania is annually assessed by the European Commission on its progress towards joining the European Union. The low levels of social acceptance of LGBTI people was one of the areas highlighted by the Commission officials as an area of concern. In spite of Albania’s existing legislation in the areas of equality and hate crime, implementation of this legislation, including training of relevant staff and officials, is lacking. This was emphasised by several surveys, demonstrating that public officials do not think they are coming into contact with LGBTI people in their daily work. Even where legislation does exist, people may not be aware that its protections extend to LGBTI people, as was revealed by a report on young people’s understanding of anti- discrimination law. However, LGBTI activists are attempting to change the public narrative and create greater awareness. Milestones reached in 2016 included a rainbow family featuring on a television ad for the first time, displaying the rainbow flag prominently during IDAHOT, and continuing efforts to collect data on public opinion. For more information on developments in 2016, visit www.rainbow-.org where you can read the full country chapter.

32 ILGA-Europe Annual Review 2017 Legal and policy situation in Albania as of 31 December 2016

Asylum

Civil society space

Equality & non-discrimination

Legal gender recognition & bodily integrity

Family Hate crime & hate speech

In order to improve the legal and policy situation for LGBTI people, ILGA-Europe recommend:

Giving LGBTI people protection under the constitution, by expressly referring to , and sex characteristics.

Developing a fair, transparent legal framework for legal gender recognition, based on a process of self-determination, free from abusive requirements (such as sterilisation, GID/medical diagnosis, or surgical/medical intervention).

Adopting legal measures to recognise and protect same-sex couples, such as cohabitation legislation.

ILGA-Europe Annual Review 2017 33 Access to goods and services of adolescents said they did not respect their LGBT friends at l LGBTQ NGO Pink Embassy published findings from their school. 5% of adolescents said that they felt discriminated research on public officials’ perceptions of LGBT people on 17 because of their gender identity. 82.3% of the students knew March. “Perceptions of local staff on LGBT friendly services” about the Law on Protection from Discrimination but 5.3% was the first project of its kind and was conducted in thought that it protected the LGBT community. 64% of cooperation with the Commissioner for Protection from students said they did not accept peers who are LGBT. Discrimination and the Ombudsman. The study interviewed l As part of its 2016 report on the status of LGBT rights in 225 staff in six municipalities. 68% of those interviewed think Albania, NGO Aleanca published the results of an online LGBT people are citizens like everyone else; 67.9% said that survey it conducted between September and December they have not provided a service to any LGBT people; 42% of with 78 members of the LGBT community. 47% of those interviewed supported equal marriage; and 34% think respondents said that they do not feel like they are LGBT people have the right to found a family. supported or accepted. Fewer than 4% of those surveyed thought that the LGBT community was respected in Albania. Asylum l According to the ‘Report on the Status of LGBT rights in Employment Albania’ compiled by the Alliance against LGBT Discrimination l Recruitment firm Headhunter launched the LGBTIQ (Aleanca), in 2016 the NGO provided immigration offices in Employment Equality Index – the first such system to rank Belgium, France and Sweden with information on life for the how employers in Albania and other Balkan countries LGBTI community in Albania. Aleanca received these requests respect the rights of LGBTIQ people. 71 companies and as eight LGBTI people left to seek asylum in the three organisations took part in the research and were assessed countries mentioned during the year. on their hiring, training, development and general employment practices. Awards were presented to several Bias-motivated violence employers at a ceremony to mark International Day against l According to Aleanca’s 2016 report on the status of LGBT Homophobia, Transphobia and Biphobia (IDAHOT). rights in Albania, the NGO had received reports of 532 cases l A rainbow flag was flown from a public building in of bullying from LGBT people by December. Only five of for the first time as part of the 17 May IDAHOT these cases had been reported to the authorities, and of celebrations. Pink Embassy had liaised with the these reported incidents, four out of the five victims said that Municipality of Tirana in advance, who displayed the flag they faced hostility from the police officers dealing with their outside the capital city’s opera house, the Palace of Culture. case. NGO Aleanca also received eight reports of physical l According to Aleanca’s 2016 report on the status of attacks on LGBT people, and 12 incidents of domestic LGBT rights in Albania, 47 cases of discrimination (either violence against members of the community, during 2016. while at work, or during the recruitment/selection process) were reported to the NGO by members of the Data collection LGBT community during the year. l On 18 May, details of a study carried out by LGBTQ NGO Pink Embassy (supported by the Commissioner for Enlargement Protection from Discrimination and the Ministry of Education l The European Parliament evaluated the situation for and Sports) were presented publicly. The ‘Adolescent LGBTI people in April, saying that effective laws and experiences of discrimination at school’ study was the first policies that reinforce the human rights of minority national study with such large sample sizes – 1438 students groups were a key priority. It urged Albania to remove and 248 teachers from six cities were interviewed. 1 in 4 existing legislative provisions that discriminate against adolescents stated that they could not accept the sexual trans and intersex people, and to enhance the role of the orientation or gender identity of their LGBT peers, while 64% State Committee on Minorities.

34 ILGA-Europe Annual Review 2017 l Albania was awarded candidate status by the European changes, called for by LGBTI activists, suggested adding sexual Union in 2014. In its annual enlargement package reviewing orientation and gender identity to the grounds protected from progress made towards EU accession, published in discrimination. LGBTQ NGO Pink Embassy reacted in a press November, the European Commission noted the adoption of release, stating that the government change of mind had been an LGBTI action plan (see Equality and non- due to pressure from religious communities. The constitutional discrimination), the signing of a cooperation agreement changes (minus the LGBT protections) were passed in July. between the Ministry of Social Welfare and the organisers of l In 2016, the Commissioner against Discrimination dealt an LGBTI shelter and IDAHOT events as positive with four claims relating to sexual orientation and gender developments. It went on to detail how cohabitation identity. Discrimination was found to have occurred in a case agreements for same-sex couples have yet to be adopted involving the police in Shkodra; the police authority was fined. and that social acceptance of LGBTI people remains low. The Commissioner also found evidence of SOGI-related hate speech in online media. The third case involved the comments Equality and non-discrimination made by Mesila Doda MP (see above), and a fourth case l An official action plan on protecting the rights of LGBTI (involving discrimination in education) was not proven. people was discussed and adopted at a meeting of the Council of Ministers on 25 May. The National Action Plan for LGBTI Family people in the Republic of Albania 2016 – 2020 (which according l The first television ad to feature a couple and to Albanian law is now legislation to be enforced) focuses on their children was broadcast to mark both International Day three main interventions. These are improving legislation and of Families on 15 May and IDAHOT on 17 May. The ad was raising awareness on LGBTI issues, eliminating of all forms of produced by two LGBTI NGOs – Aleanca LGBT and Pro LGBT discrimination against LGBTI people, and improving access to and featured the message “Family is about love and care”. employment services, education, health care, housing and sports. A cross-ministerial working group responsible for Freedom of assembly implementation of the Action Plan was set up, which included l An estimated 180 activists, community members and allies took part in the Tirana (P)Ride on 14 May, marking representatives from government, the Ombudsman, IDAHOT. No incidents were reported. Commissioner of Protection from Discrimination and all LGBTI Freedom from torture, cruel, organisations. The group met once in 2016. l During a parliamentary debate on 7 July, Mesila Doda MP inhuman or degrading treatment (Party for Justice, Integration and Unity, PDIU; right-wing) used l Domestic violence against LGBT people remains an issue derogatory and discriminatory language in relation to LGBTI in Albania. STREHA - the first residenti0al shelter for people. The comments were made in the Albanian Parliament homeless young people aged 18 to 25 - was able to assist 23 when constitutional amendments regarding increased beneficiaries in 2016. (The shelter was founded by NGOs protection against discrimination based on sexual orientation Aleanca LGBT and ProLGBT in late 2014.) It has been officially and gender identity were being discussed. Pink Embassy filed a acknowledged by the state as a national service and received complaint about this to the Commissioner for Protection an official license recognising the service that it offers. In from Discrimination and formal proceedings against Mesila spite of this, it operates only on private donations and Doda were opened to address this case. No decision or receives no financial support from the state. recommendation had been issued by the end of 2016. l Both political parties in the government coalition, the Health Socialist Party (PS) and the Socialist Movement for Integration l According to its 2016 report on the status of LGBT rights (LSI), withdrew their support for amendments to Article 18 of in Albania, NGO Aleanca recorded 13 cases of discrimination the constitution. This support was withdrawn two days before against LGBT people when they tried to access community the bill was due to be presented to parliament for the vote. The health services in 2016.

ILGA-Europe Annual Review 2017 35