HUMAN RIGHTS DEFENDERS IN THE WESTERN BALKANS INTIMIDATION INSTEAD OF RECOGNITION Bosnia and Herzegovina IMPRESSUM Published by Civil Rights Defenders For Publisher Goran Miletic Director for Europe Authors Armela Xhaho (Institute for Democracy and Mediation) Anida Šabanović (Foreign Policy Initiative) Rreze Hoxha (Group for Legal and Political Studies) Daliborka Uljarević (Centre for Civic Education) Biljana Kotevska and Ismail Kamberi Sena Marić (European Policy Centre) Proofreading Anica Milenkovic Milena Djukic Natasa Sankovic Zorica Radic Design Marko Kovachevski Printed by Kontura Number of copies 100 This publication is a result of the research project performed by the European Policy Institute – Skopje for Civil Right Defenders 3 Human Rights Defenders in the Western Balkans Bosnia and Herzegovina FOREWORD The position of human rights defenders (HRDs) in the Western Balkans is increasingly precarious. Across the region, HRDs and organisations, as well as independent media outlets, are prone to intimidation, threats, smear campaigns, digital and physical attacks, and an overall disregard by national authorities. While the region shares several common features (sluggish integration, weak rule of law, intimidation of HRDs, limited democratisation, lack of press freedoms etc.), naturally each country faces specific challenges and the protection of human rights has unique consequences, depending on local contexts. As such, this report has been compiled by experts from each of the six Western Balkan states, who have extensively researched the challenges and position of HRDs in the region, and offered a broad range of recommendations to national authorities, the international community, media and HRDs themselves. Having interviewed 100 HRDs for the purpose of this report, it represents one of the most prolific and detailed on-the-ground studies of their position in the Western Balkans, on a country-by-country basis. The countries of the Western Balkans (except Kosovo due to its non-full member status in the Council of Europe) are signatories or parties to all relevant international documents guaranteeing the protection and advancement of human rights. The national legal frameworks of relevance for human rights defenders are largely in place in all of the countries and, despite emerging downward trends in some states, it is assessed that the national legislation is significantly in line with international Human Rights Defenders in the standards in the field. Yet, the legislation is considered general and not adjusted to accommodate for the particularities of HRDs claims. Further, the report will show cases where existing mechanisms for the prevention, protection and prosecutions Western Balkans against various forms of violations against human rights defenders are not efficient and their enforcement is considerably weak. In all countries, it is noted that improvements in the legislation should be made so as to provide adequate mechanisms for HRDs’ protection. Across the region, there are clear cases of failure to implement legislation. Cases were noted where the legal framework was either disregarded, or where damaging practices have been developed, at the expense of the rights of HRDs. In addition, it notes that rights are limited due to the ignorance or unwillingness of some states to cooperate, or even communicate with HRDs, as well as the unavailability of information and lack of readiness by state authorities to provide data of public importance. As a result of this concerning trend, HRDs are becoming more vulnerable and constrained in their work. The lack of efficiency and effectiveness of law enforcement agencies is one of the factors contributing to such unfavourable environment for human rights work. Each of the country-specific reports outline the violations and restrictions in the exercise of freedom of assembly (also exercised as the right to protest), the right to freedom of association and, above all, the freedom of expression. The exercise of the freedom of assembly is limited, not as much by legislative obstacles, but by Albania the actions taken - or not taken - by authorities to enable safety during gatherings, especially when the gatherings challenge traditional social concepts. Similar situations exist when it comes to the right to freedom of association. The researchers also offer insights into individual cases of assaults, harassments and restrictions of human rights defenders, thus breaches of the right to be protected and the right to effective remedy. The normalisation of such climate of impunity for hate speech impacts HRDs as it encourages self-censorship and tailoring of the human rights agenda. Trolling and harassment of HRDs, including regular, highly sophisticated and coordinated smear campaigns, too often bare signs of state-sponsorship. In other instances, HRDs experience various types of hate speech or verbal abuse, yet receive little or no protection from national authorities. In addition, the human rights agendas are to a great extend shaped by the available funding, and the past years have witnessed trends in the retraction of funds for human rights organisations, not least those that work with gender equality and women’s rights. Having in mind that the overall working environment is particularly unfavourable for women and HRDs working on issues of gender equality, gender-based violence and LGBTI+ community, this is trend is particularly concerning. Each country report concludes with shrewdly crafted recommendations for parties involved at either end of the human rights struggle. Above all, these chapters set-out to advise national authorities on how to treat and approach HRDs. They offer a series of recommendations concerning the status and protection of HRDs, strengthening the capacities of law enforcement agencies, confronting hate speech and public smearing, as well as ensuring that attacks – especially against those from marginalised communities – are met with effective, constructive protocol and condemnation. Recommendations are thereon addressed to state-sponsored media outlets, who have been largely responsible for propelling-on the poisonous narratives surrounding human rights work. It offers suggestions for how journalists can take a more proactive approach to covering human rights issues, and how to shift the debate on media regulation, particularly ethical norms and standards for protection against hate speech. With each of the Western Balkan states gearing their ambitions towards European integration, the international community – especially EU institutions, which enshrine human rights at their core - bear some responsibility for the treatment of HRDs in the accession countries. The reports detail the importance of continuously monitoring the protection of human rights at national and regional level, and encourage the donor community to increase funding for technical and financial capacities of the HRDs. Finally, the reports address HRDs themselves, and asks how they can become more proactive in reporting cases, establishing working relations with authorities and partners, or diversifying their funding to seek long-term sustainability. 4 5 Human Rights Defenders in the Western Balkans Albania EXECUTIVE SUMMARY 1. INTRODUCTION Over the last two decades, Albania has made significant progress in promoting he government should guarantee fundamental freedoms and protection of human rights by all means, as and enforcing human rights and fundamental freedoms. Human rights defenders Tenshrined in the Constitution of Albania, domestic laws and international standards.1 Violations of human have played an instrumental role in these achievements and the advancement of rights represent a serious threat to the basic principles of a democratic society and human rights defenders (HRDs) human rights, democracy and the rule of law. However, despite the progress made are increasingly exposed to imminent threats and attacks due to the exercise of their work. This report provides an so far, Albania still needs to ensure full regulatory compliance with international overview of existing challenges and restrictions faced by HRDs in Albania in the last five years taking into account standards and better address the concerns of human rights defenders, who are major national and international standards concerning human rights defenders. often subject to undue restrictions and hardships that undermine their work. Many of the ongoing struggles in their everyday work are caused by inadequate A human rights defender is anyone that acts individually and/or in association with others, to promote and strive for legal, institutional and policy frameworks. This report highlights some of the the protection and realisation of human rights and fundamental freedoms at the national and international level.2 challenges human rights defenders in Albania have been experiencing and This research investigates only human rights defenders from the civil society, including civil society organisations, provides recommendations for overcoming them. media, individual activists and journalists. More specifically, it draws on 22 face-to-face, semi-structured interviews with human rights defenders active in the field of gender equality, LGBTI+, environment, data protection, free The research found that the threats and attacks experienced by human rights legal aid, Roma and Egyptian communities, children’s rights, the rights of sex workers, persons living with HIV, defenders in Albania range from smearing campaigns and intimidation