Strasbourg, 18 November 2016 ACFC/SR/IV(2016)005 Fourth Report submitted by Albania pursuant to Article 25, paragraph 2 of the Framework Convention for the Protection of National Minorities (Received on 18 November 2016) REPUBLIC OF ALBANIA MINISTRY OF FOREIGN AFFAIRS FOURTH REPORT Submitted by REPUBLIC OF ALBANIA Pursuant to Article 25, paragraph 1, of THE FRAMEWORK CONVENTION OF THE COUNCIL OF EUROPE FOR THE PROTECTION OF NATIONAL MINORITIES November 2016 1 TABLE OF CONTENTS Page INTRODUCTION.………………………………………………….........................................3 I. Practical arrangements at national level for raising awareness of the results of the third monitoring cycle and of the Framework Convention ….………………………………...4 II. Measures undertaken to address core issues identified by the Committee of Ministers` Resolution in the Resolution of on the implementation of the Framework Convention by Albania...................................................................................................................................7 III. Further measures to implement the provisions of the Framework Convention; measures on implementation of other recommendations of Committee of Ministers`Resolution; measures on implementation of the recommendations contained in the Advisory Committee` s third Opinion………………………………………………………………….. 15 Article 1 Ratification of the Charter for Regional or Minority Languages.………...…...........15 Article 3 Personal scope of application of the Framework Convention.……………...............15 Article 4 Prohibition of discrimination......................................................................................19 Article 5 Culture……………………………………………………………………………....42 Article 6 Tolerance and inter-cultural dialogue….…………………....……………………....45 Article 8 Freedom of religion- Property rights…………………………..................................53 Article 9 Media......................................................................................................................... 55 Article 10 Use of minorities languages………………………..................................................58 Article 11 Lingusitic rights……………………………………….............................................61 Article 12 Education................................................................................................................ ..63 Article 13 Opening private institutions......................................................................................72 Article 14 Right to learn the minority language or receive instruction in it...............................72 Article 15 Participation in public life........................................................................................75 Article 16 Composition of population…..................................................................................80 Article 17 International cooperation ……………………….....................................................82 Annexes of the report 2 INTRODUCTION 1. The Framework Convention for the Protection of the National Minorities1 was signed by the Republic of Albania2 on 29.06.1995 and has entered into force on 01.01 2000. 2. In accordance with article 25 of the Framework Convention since the year 2001, Albania has transmitted periodically to the Council of Europe, three reports on the implementation of the provisions of the Framework Convention, with regard the protection of the rights of minorities in Albania 3 . In the framework of the periodic monitoring cycles, following the transmission of national Reports, the relative Opinions of the Advisory Committee of the Framework Convention4 have been adopted. After the submissions of relevant Opinions of the Advisory Committee 5 and the comments by the Albanian authorities on these Opinions6, the Committee of Ministers of the Council of Europe has adopted the relevant resolutions on the implementation of the Framework Convention by Albania 7. 3. Specifically in the context of the third cycle of monitoring, the measures taken by Albania on the implementation of the Framework Convention were reviewed by the Advisory Committee of the Framework Convention based on the third Report transmitted by the Albanian authorities in January 2011, and the information gathered during the visit of this Committee in Albania, in the month of September 2011. 4. The Albanian institutions consider and assess the process of preparing the report as a means to ensure the fulfillment of international obligations and as an opportunity to present the situation of minority rights in the framework of the implementation of the Convention, in order to take measures on the implementation of the Convention. In the course of preparing this report, the Ministry of Foreign Affairs, as the institution responsible for drafting the national reports on human rights conventions, has informed the competent institutions and set up an inter-institutional working group on the preparation of this report. 5. The report was compiled in accordance with the outline for the state reports to be submitted under the fourth monitoring cycle 8 . The first part of the report provides information on the practical measure to continue implementing the Framework Convention, and to raise awareness on the results of the third monitoring cycle. The second part of the report provides information on the measures to address the issues identified in the third monitoring cycle. The third part provides information on the implementation of the articles, with particular attention to further recommendations of the third cycle of monitoring. 1 Hereinafter the Framework Convention. 2 Hereinafter RA. 3 First report was transmitted in July 2001; Second report transmitted in May 2007. 4 Hereianfter the Advisory Committee. 5 First opinion of the Advisory Committee adopted in September 2002 (ACFC/INF/OP/I(2003)004); Second opinion adopted in May 2008 (ACFC/OP/II(2008)003); Third opinion adopted in November 2011 (ACFC/OP/III(2011)009). 6 Comments of the Albanian government, submitted specifically: February 2003 (GVT/COM/INF/OP/I(2003)004); December 2008 (GVT/COM/II(2008)005); June 2012 (GVT/COM/III(2012)003). 7 The Resolutions of the Committee of Ministers of the Council of Ministers adopted relatively: May 2005- Resolution ResCMN(2005)2; July 2009 Resolution CM/ResCMN(2009)5; 12 February 2014 Resolution CM/ResCMN(2014)1. 8 Adopted by the Committee of Ministers of the Council of Europe at the 1169th , on 30 April 2013. 3 6. The Fourth Report on the implementation of the Convention "On the protection of the rights of national minorities" was adopted by Decision of the Council of Ministers, no 743, dated 26 October 20169. I. Practical arrangements made at national level for raising awareness of the results of the third monitoring cycle and of the Framework Convention. a. Steps taken to publicise the results of the third monitoring cycle, publication and dissemination translation into the minority language(s); 7. Following the publication of the Third Opinion of the Advisory Committee of the Framework Convention 10 and the Resolution of the Committee of Ministers of the Council of Europe 11, the Ministry of Foreign Affairs as an institution which has a key role in monitoring the implementation of international commitments and the reporting process on the implementation of the conventions on human rights, has informed the central and independent institutions aiming at promoting and raising the awareness on the outcomes of the third monitoring cycle of the Framework Convention. 8. The third opinion of the Advisory Committee and the Resolution on the implementation of the Framework Convention were translated into the Albanian language and into the minority languages (the Greek minority, the Macedonian minority, the Serbian and Montenegrin minority, the Vlach/Aromanian minorities, and the Roma minority) in the year 2014. The translation into the Albanian language and those of the minorities was made possible with the support of the joint Project of the Council of Europe12 and the European Union13 “Promotion of human rights and minority protection in Southeast Europe”. The opinion and the resolution are published in Albanian and in the minority languages in the website of the Council of Europe14 and in the website of the Ministry of Foreign Affairs. 9. In order to inform and publicize the results of the third monitoring cycle, as part of a vast process of consultation led by the Ministry of Foreign Affairs, in the month of October 2014, the Minister of Foreign Affairs held a meeting with representatives of the minorities. During the meeting, which aimed at enhancing the dialogue and cooperation in addressing minority issues and problems, information was provided on the outcomes of the third monitoring cycle and the documents of the Opinion and Resolution translated into the minority languages were disseminated. 10. Considering the promotion and protection of minority rights as constituent part of the human rights as one of the key priorities, the Albanian government is committed to fulfil the international obligations flowing from the conventions on human rights. Pursuant to the Prime Minister's Order No. 112, dated 05.03.2014 "On the establishment of inter-ministerial working group on the preparation and participation in the consideration of reports under international conventions for the 9 According to domestic legislation, the Decision of the Council of Minister (DCM) enters into force within 15 days after the publication in the Official Gazette. This Report adopted by DMC was published at Official