Country Advice

Albania – ALB39511 – Blood Feuds – Marriage Separation – Domestic Violence – State Protection – Disabled Female Children – Discrimination – Residence Rights in Italy 9 December 2011

1. Is the separation of a married couple an event which can create a blood feud in Albania?

The Kanun of Lek Dukagjin, known as the Kanun, is the code of customary law for Albanians, and includes rules governing blood feuds.1 2 All blood feuds under the Kanun are caused by violations of honour, including divorce.3 The importance of arranged marriages, particularly in northern Albania, means that divorce is largely unacceptable, and only occurs in rare cases. In January 2002, a man killed his ex-son-in-law for divorcing his daughter.4

Blood feuds are defined as “reciprocal honour killings” that exist “parallel to the state authority”. A blood feud occurs when “a man is deeply affronted” and provides his family “the right to kill the person who has insulted him”. In return, the man‟s family becomes a target for revenge from the victim‟s family who demands blood retribution; the victim‟s closest male relative is obliged to kill his family member‟s murderer. The murderer‟s family members traditionally take refuge in their homes for 40 days in which they seek forgiveness. The blood feud ends when either forgiveness is granted, or a life is taken in retaliation. If neither occurs, the blood feud can continue indefinitely. An individual deemed to be obliged to seek retribution may face ostracism if they refuse to do so. In ethnic Albanian society, blood feuds are carried out publicly and generally involve the whole community.5

According to Alex Standish, Honorary Research Associate in the Department of Anthropology at Durham University (UK) and a noted expert on blood feuds, traditional blood feuds can only be passed through the male bloodline, involving male relatives on the paternal side of the person involved in a feud. Additionally, a woman‟s blood cannot have honour, meaning that they are traditionally exempt from blood feuds. However, in modern times, women have become the targets of killings related to blood feuds.6

1 Mangalakova, T. 2004, „The Kanun in present-day Albania, Kosovo, and ‟, International Centre for Minority Studies and Intercultural Relations website, p.2 http://www.imir-bg.org/imir/reports/The Kanun.pdf – Accessed 12 August 2009 2 Immigration and Refugee Board of Canada 2008, Issue Paper: Albania Blood Feuds, May 3 Immigration and Refugee Board of Canada 2008, Issue Paper: Albania Blood Feuds, May 4 Mangalakova, T. 2004, „The Kanun in present-day Albania, Kosovo, and Montenegro‟, International Centre for Minority Studies and Intercultural Relations website, pp.4, 6 http://www.imir-bg.org/imir/reports/The Kanun.pdf – Accessed 12 August 2009 5 Immigration and Refugee Board of Canada 2008, Issue Paper: Albania Blood Feuds, May 6 Immigration and Refugee Board of Canada 2008, Issue Paper: Albania Blood Feuds, May

Page 1 of 16 Gjin Marku, Chairman of the Committee for Nationwide Reconciliation (CNR) in Albania, explains that blood feuds can be caused by “divorce without any betrayal causes”. Other causes of blood feuds include insults, conflict over property and water rights, accidental killings, murder, showing disrespect to women, betrayal by a woman, and accusing a person of lying.7 The UK Home Office notes that blood feuds can be resolved by arranging a marriage between two members of the rival families.8

2. What are the Albanian authorities doing to protect people in blood feuds?

The US Department of State reports that killings relating to blood feuds continued to occur throughout 2010. Albania‟s Interior Ministry recorded five blood feud-related killings, although non-governmental organisations (NGOs) claimed that 55 such killings occurred during the year. NGOs also reported that “fear of blood feud reprisals effectively imprisoned approximately 1,490 families [in] their homes”.9 A coordination council to develop a national strategy against blood feuds was established in 2005, although remains inactive.10

Blood feuds are criminalised under the Criminal Code, and serious threats of a blood feud causing a person to remain isolated are punishable by up to three years‟ imprisonment.11 12 Blood feud killings are punishable in the Court of Serious Crimes with 20 years to life imprisonment,13 which is higher than the standard sentence for murder. There have been prosecutions for blood feud killings, although there is a widespread perception that judges and prosecutors are open to bribery for reduced sentences in blood feud cases. The Immigration and Refugee Board of Canada (IRB) cites two sources which “indicate that blood-feud-related crimes are often either not recognized or are purposely categorized as more ordinary crimes with lesser sentences”. A university research associate and blood feud expert advised the IRB in 2010 that “there have been several cases where perpetrators of blood-feud-related crimes have been released from jail after only one or two years”.14

Furthermore, criminal proceedings are often not considered by victims to be suitable resolutions to blood feuds. A senior university research fellow and blood feud specialist advised the IRB in 2010 that “[a]t best, prosecution and imprisonment of offenders can merely postpone the taking of vengeance by an aggrieved family…[I]mprisonment of one male from a family seeking revenge is unlikely to act as a deterrent to other males from taking revenge to „cleanse‟ their family‟s honour”. The research associate mentioned above indicated that “the murderer is often killed upon release from prison”.15

The UK Home Office reported in July 2010 that efforts by the government to address blood feuds have focused on prevention rather than the provision of assistance to affected families.

7 Immigration and Refugee Board of Canada 2008, Issue Paper: Albania Blood Feuds, May 8 UK Home Office 2010, Operational Guidance Note – Albania, July, p.5 9 US Department of State 2011, Country Reports on Human Rights Practices for 2010 – Albania, 8 April, Section 1a 10 UK Home Office 2010, Operational Guidance Note – Albania, July, p.6 11 UK Home Office 2010, Operational Guidance Note – Albania, July, p.6 12 Immigration and Refugee Board of Canada 2010, ALB103573.E – Albania: Statistics on blood feuds; state protection and support services available to those affected by blood feuds, including whether individuals have been prosecuted for blood-feud-related crimes (2007 – September 2010), 15 October 13 US Department of State 2011, Country Reports on Human Rights Practices for 2010 – Albania, 8 April, Section 1a 14 Immigration and Refugee Board of Canada 2010, ALB103573.E – Albania: Statistics on blood feuds; state protection and support services available to those affected by blood feuds, including whether individuals have been prosecuted for blood-feud-related crimes (2007 – September 2010), 15 October 15 Immigration and Refugee Board of Canada 2010, ALB103573.E – Albania: Statistics on blood feuds; state protection and support services available to those affected by blood feuds, including whether individuals have been prosecuted for blood-feud-related crimes (2007 – September 2010), 15 October

Page 2 of 16 Despite legislation to punish perpetrators, there is reportedly no specific law to protect victims. Additionally, although a witness protection programme has been established, blood feuds may go unreported due in part to mistrust of government institutions.16 A senior research fellow and blood feud specialist advised the IRB that families in isolation due to a blood feud have reported receiving no support from the authorities. According to the chairman of the Albanian Committee of Nationwide Reconciliation, families affected by blood feuds do not receive any protection from the state.17

The Albanian police also reportedly fail to intervene in blood feuds until a crime has been committed, partly out of fear for their own safety as they risk being drawn into the feud.18 Nevertheless, the UK Home Office states that “[t]here is no evidence to indicate that individual Albanians fearing the actions of those seeking to carry out a blood feud cannot access protection from the Albanian police and pursue these through the legal mechanisms that have been set up to deal with blood feuds”.19

3. Is there state protection for separated women or single mothers who have been the victims of domestic violence?

The Immigration and Refugee Board of Canada (IRB) reported in October 2011 that domestic violence is widespread in Albania, affecting all sections of society. According to the National Institute of Statistics of Albania (INSTAT), domestic violence is linked to “patriarchal traditions…hierarchal ordering with the family and intergenerational family control”.20 The Organisation of Economic Cooperation and Development „Social Institutions and Gender Index 2010‟ similarly reported that “[v]iolence against women is very prevalent in Albania. Many men, especially in the northeast, still adhere to a traditional code (known as Kanun) that establishes the superiority of men over women”.21

Albania‟s Criminal Code does not specifically recognise domestic violence as a criminal offence. Nevertheless, the general charge of assault can be used to prosecute a perpetrator, although only at the request of the victim, unless the assault results in serious injuries or death.22 23 Under the Criminal Code, cases of “serious intentional injury” attract a prison

16 UK Home Office 2010, Operational Guidance Note – Albania, July, p.6 17 Immigration and Refugee Board of Canada 2010, ALB103573.E – Albania: Statistics on blood feuds; state protection and support services available to those affected by blood feuds, including whether individuals have been prosecuted for blood-feud-related crimes (2007 – September 2010), 15 October 18 Immigration and Refugee Board of Canada 2010, ALB103573.E – Albania: Statistics on blood feuds; state protection and support services available to those affected by blood feuds, including whether individuals have been prosecuted for blood-feud-related crimes (2007 – September 2010), 15 October 19 UK Home Office 2010, Operational Guidance Note – Albania, July, p.6 20 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 21 UK Home Office 2011, Country of Origin Information Report – Albania, European Country of Origin Information Network website, 25 March, p.58 http://www.ecoi net/file upload/1226 1302694639 report-03-11.pdf – Accessed 21 November 2011 22 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 23 Amnesty International 2011, Annual Report 2011 – Albania, 13 May

Page 3 of 16 sentence of three to ten years, while “non-serious intentional injury” can be punished with a fine or up to two years‟ imprisonment.24

Additionally, in 2006 Albania passed the Law on Measures Against Violence in Family Relations (Domestic Violence Law), which came into force on 1 June 2007.25 26 The law aims “[t]o prevent and reduce domestic violence in all its forms by appropriate legal measures” and “[t]o guarantee protection through legal measures to members of the family who are subject to domestic violence, paying particular attention to needs of children, the elderly and the disabled”. It provides for victims of domestic violence to be granted protection orders and the establishment of specific domestic violence units in police departments.27 Amendments made in 2010 provided for the establishment of a shelter for victims, a coordinated system of referrals in domestic violence cases, and free legal aid to obtain protection orders.28 29

The United Nations Committee on the Elimination of Discrimination against Women stated in 2010 that despite the adoption of the Domestic Violence Law and the National Strategy and Action Plan on Gender Equality and Domestic Violence 2007-2010, it remained concerned over gaps in its implementation.30 The European Union also reported in 2010 that Albania lacked the resources to support the implementation of laws and policies addressing domestic violence. Local non-governmental organisations (NGOs) similarly commented that the implementation of the Domestic Violence Law was still in its initial stages in 2010.31

Domestic violence remains underreported in Albania. A 2009 survey conducted by INSTAT found that only 20 per cent of women who experienced physical abuse had sought assistance, with fewer than six per cent seeking help from the authorities or social service providers.32 According to Amnesty International, reporting has increased significantly since the

24 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 25 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 26 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, p.2 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011 27 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 28 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 29 Amnesty International 2011, Annual Report 2011 – Albania, 13 May 30 UK Home Office 2011, Country of Origin Information Report – Albania, European Country of Origin Information Network website, 25 March, pp.58-60 http://www.ecoi.net/file upload/1226 1302694639 report-03-11.pdf – Accessed 21 November 2011 31 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 32 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011

Page 4 of 16 introduction of the Domestic Violence Law in June 2007; however, this does not adequately reflect the true number of incidents of domestic violence, as most women remain reluctant to file cases with the authorities.33 Police reportedly received 274 reports of domestic violence between June and December 2007, followed by 614 reports between January and September 2008, and 993 reports between January and September 2009.34 In 2010, 1,423 cases were reported in the first nine months of the year.35

Freedom House reported in May 2011 that “[d]omestic violence…is rarely punished by the authorities”.36 Amnesty International reports that most victims who sought protection through legal proceedings later withdrew due to social pressures and a lack of free legal aid. As such, relatively few protection orders have been issued by the courts; in 2010, the Tirana District Court issued 129 protection orders from 538 petitions.37 Furthermore, protection orders are often weak; judges are reportedly reluctant to evict perpetrators from the family home.38

The IRB notes that specialised police units for handling domestic violence cases have been established in major Albanian cities; however, police are underfunded and lack the resources to adequately address domestic violence. Police also fail at times to pursue criminal charges in domestic violence cases.39 Amnesty International reports that in 2008, only 32 out of 228 civil cases for protection orders filed in the Tirana District Court included criminal charges against the perpetrator. The police also reportedly fail to press criminal charges against abusers who violate protection orders.40

The UK Home Office reported in July 2010 that although the authorities are generally willing to offer protection to women in Albania, some individuals, particularly in the north, may not be able to access such protection due to cultural constraints. In addition, the actions of individual police officers in some cases may not amount to sufficient protection.41

33 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, pp.2-3 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011 34 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, pp.2-3 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011 35 Amnesty International 2011, Annual Report 2011 – Albania, 13 May 36 Freedom House 2011, Freedom in the World 2011 – Albania, 26 May http://www freedomhouse.org/inc/content/pubs/fiw/inc country detail.cfm?year=2011&country=7981&pf – Accessed 30 May 2011 37 Amnesty International 2011, Annual Report 2011 – Albania, 13 May 38 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, p.7 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011 39 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 40 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, pp.7, 15 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011 41 UK Home Office 2010, Operational Guidance Note – Albania, July, pp.15-17

Page 5 of 16 4. What support is offered in Albania to women, including single mothers, who are victims of domestic violence?

The Albanian government opened a national shelter for victims of domestic violence in Tirana in April 2011. The shelter has the capacity to accommodate approximately 30 to 40 women and children, with no time limit for their length of stay. The Center for Legal Civic Initiatives (CLCI) advised the IRB that many of the services provided for in the Domestic Violence Law, such as the national shelter for victims, have been implemented effectively. However, the government still needs to establish “free legal assistance to victims, local governmental 24-hour hotlines, and local governmental rehabilitation centres for victims and abusers”.42

A number of non-governmental organisations (NGOs) operate shelters for battered women in Tirana, Vlora, Elbasan, Gjirokaster,43 Shkodra and Pogradec.44 The executive director of NGO Vatra advised the IRB in 2011 that the organisation operates a shelter in Vlora accommodating up to 20 victims of domestic violence, and a shelter in Tirana known as the Centre for Women and Girls which can accommodate 14 people. The „Hena e Re‟ shelter in Elbasan can also accommodate up to 14 people, although requires victims to hold a protection order against their abusers. However, the inadequate number of shelters in Albania has forced some NGO employees and lawyers to provide emergency temporary accommodation in their own homes to domestic violence victims.45

Domestic violence hot lines are also operated by NGOs. In the northern region, the hot lines each received approximately 25 calls per month from women reporting violence.46 Additionally, the Tirana-based CLCI provides free legal services and psycho-social support to victims of domestic violence. The government is required to provided funding to NGOs offering legal and psycho-social support to domestic violence victims; however, it was reported in June 2010 that such funding had not yet been implemented. Limited funding from donors restricts the level of help able to be provided to victims by NGOs.47 In July 2009, a shelter in Tirana had its funding withdrawn by the donor, and was only able to provide temporary accommodation in a few emergency cases until funding was restored in January 2010.48

42 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 43 US Department of State 2011, Country Reports on Human Rights Practices for 2010 – Albania, 8 April, Section 6 44 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 45 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 46 US Department of State 2011, Country Reports on Human Rights Practices for 2010 – Albania, 8 April, Section 6 47 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 48 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, pp.10-11 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011

Page 6 of 16 Furthermore, victims of domestic violence, particularly divorced women with children, face limited job opportunities and a lack of long-term housing.49 According to Amnesty International, victims of domestic violence do not receive any preferential access to social housing or health care services.50

5. Is there discrimination against disabled female children and their families in Albania?

No information was located on gender-specific discrimination against disabled female children.

The US Department of State reported in April 2011 that “discrimination against persons with physical, sensory, intellectual, and mental disabilities” is prohibited under Albanian law; however, persons with disabilities still experienced discrimination from employers, schools, and providers of state services including health care. A law providing that new public buildings be accessible to persons with disabilities was reportedly only sporadically enforced by the government throughout 2010. Conditions in mental health institutions generally did not comply with government standards.51

British Ambassador to Albania Fiona McIlwham stated in 2011 that “[t]here are thousands of disabled people in Albania who are able to live full and productive lives, but are prevented from doing so by outdated attitudes and discrimination”.52 In December 2011, US Ambassador to Albania Alexander Arvizu called for more significant reforms to assist disabled persons in Albania, noting that despite legislation affirming the rights of people with disabilities, discrimination against disabled persons persists.53 A 2009 survey conducted by the Albanian Disability Rights Foundation found that people with disabilities are marginalised and isolated, and face social barriers in a society which does not respect their opinions.54

Additionally, the International Federation of Persons with Physical Disability reports that in Albania, prejudice and discrimination against disabled persons is strong, as is the assumption that “disabled persons are useless and a cost-burden”. Family shame regarding disabled persons also contributes to their marginalisation.55 Aid organisation Valdete Trust also highlights “the social stigma attached to those who are disabled” in Albania.56 Beyond Barriers, a non-governmental organisation supporting young disadvantaged people in

49 Immigration and Refugee Board of Canada 2011, ALB103819.E – Domestic violence, including legislation, state protection, and services available to victims; access to employment and housing for victims, European Country of Origin Information Network website, 6 October http://www.ecoi.net/local link/204860/309952 en html – Accessed 21 November 2011 50 Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March, p.12 http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011 51 US Department of State 2011, Country Reports on Human Rights Practices for 2010 – Albania, 8 April, Section 6 52 „Fiona McIlwham‟ 2011, International Human Rights Film Festival Albania website http://www.ihrffa net/welcome/fionamcilwham/ – Accessed 6 December 2011 53 „Arvizu: More reforms to help the disabled people in Albania‟ 2011, Albeu, 2 December http://english.albeu.com/albania-news/arvizu:-more-reforms-to-help-the-disabled-people-in-albania/55206/ – Accessed 6 December 2011 54 Albanian Disability Rights Foundation 2010, The Implementation of the Action Plan of the National Strategy on People with Disabilities in 2008-2009: Monitoring Report, Albanian Disability Rights Foundation website, February, p.14 http://www.adrf.org.al/images/monitorimi/Monitoring 2008 2009 eng.pdf – Accessed 6 December 2011 55 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 56 „Disability Albania‟ (undated), Valdete Trust website http://www.valdetetrust.org/ – Accessed 6 December 2011

Page 7 of 16 Albania, including disabled people, similarly states that “[p]rejudices against disabled people are still strong and discriminating”.57

6. What sort of services and support are there for the disabled?

Information on Albania provided on the International Federation of Persons with Physical Disability (FIMITIC) website indicates that persons with disabilities are officially entitled to all human rights and freedoms provided to other citizens, as well as health rehabilitation, special education, social integration, and improvement of living conditions. However, persons with a disability continue to face inadequate or inaccessible services, limited access to health and social care, limited access to information regarding services or rights, isolation and stigmatisation, unemployment, limited suitable education, and limited physical accessibility to public places and on transportation.58

Albanian law regarding disability classifies disabled persons into five categories: labour invalids, war invalids, people with developmental disorders (at birth or acquired prior to the age of 21), people with mental disorders, and other invalids. The law provides for disability allowances to be paid according to these categories; people with developmental disorders acquired at birth or prior to the age of 21 are eligible to receive 35 Euros per month, while those with disabilities acquired after the age of 21 are only eligible for a similar allowance if they are insured. Families below the poverty line receive eight to eleven Euros per month.59 However, according to the Finnish Disabled people‟s International Development Association (FIDIDA), “[o]nly three groups of persons with disabilities [in Albania] are entitled to payment of social benefits. These are the blind, para- and tetraplegics and labour invalids”.60

The Albanian Disability Rights Foundation (ADRF)‟s monitoring report of the government‟s National Strategy on People with Disabilities (NSPD) 2008-2009 states that there have been some achievements in the NSPD‟s Action Plan, including an increase in the number of beneficiaries of the disability allowance. In addition, the number of beneficiaries of rehabilitation services increased in 2009, while “progress [was] made in the establishment of new social services for people with disabilities compared to previous years”. Improvements in the provision of health services and access to medications were also made in 2008 and 2009, and the number of health care centres and schools with adequate access for disabled persons increased. However, many rehabilitation services for disabled people are still insufficient, and the number of people benefiting from these services remains at a low level.61

According to FIMITIC, disabled children, except those with a chronic mental disorder, are hosted in public institutions according to the degree of their disability. The institutions include two day centres and five residential centres, which offer services such as physiotherapy and special education. There are also eight specialised schools for children with disabilities, including six for those with a „light‟ mental disorder, one residency for deaf

57 „General situation of people with disabilities in Albania‟ (undated), Beyond Barriers website http://beyondbarriers.org/?q=node/8 – Accessed 6 December 2011 58 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 59 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 60 „Albania‟ (undated), Finnish Disabled People‟s International Development Association website http://www fidida fi/kuvagalleria/albania/ – Accessed 6 December 2011 61 Albanian Disability Rights Foundation 2010, The Implementation of the Action Plan of the National Strategy on People with Disabilities in 2008-2009: Monitoring Report, Albanian Disability Rights Foundation website, February, pp.11-13 http://www.adrf.org.al/images/monitorimi/Monitoring 2008 2009 eng.pdf – Accessed 6 December 2011

Page 8 of 16 children, and a school for blind children. However, the authorities reportedly do not consider special educations programs to be a priority.62 Teaching staff often do not have a background in disability,63 64 and disabled children are often excluded from compulsory education and denied integration services.65 Nevertheless, the ADRF reported in 2009 that progress had been made in improving the inclusion of children with disabilities in the school system.66

FIMITIC reports that there are up to 40 organisations catering to the rights and needs of disabled persons in Albania. However, these organisations do not receive any government funding and, as such, often experience difficulties related to financial strain.67 According to FIDIDA, the Albanian National Council on Disability advocates for the rights of all disabled persons, while the Albanian National Association of the Deaf promotes the rights of deaf people by providing organisational training and undertaking sign language research work. In addition, the Albanian Paraplegic & Tetraplegic Association runs a Rehabilitation Centre in Tirana, which provides physical training and sports activities for all disabled persons. Fida International also supports a day centre for people with developmental and learning disabilities.68

Independent aid organisation Valdete Trust provides a day care centre near Tirana for persons suffering from physical disabilities such as muscular dystrophy and cerebral palsy. The centre aims to encourage independent living by developing skills and providing wheelchairs and walking supports. The organisation‟s website highlights the need for such services, given “the inadequate resource[s] available for the treatment and care of those with any kind of disability” in Albania.69

7. Would an Albanian citizen who previously held a permit of stay be able to re-enter and reside in Italy with a further permit of stay? What nationality would Albanian children have, being born in Italy to parents with permits of stay?

In December 2010, Albanian citizens were granted visa-free travel to a number of European countries, including Italy, for a period of up to three months.70 Albanian citizens planning to reside in Italy for more than three months must hold a Permit of Stay, which can be renewed for the first five years of residence. After five years of residence in Italy, the holder of a

62 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 63 „General situation of people with disabilities in Albania‟ (undated), Beyond Barriers website http://beyondbarriers.org/?q=node/8 – Accessed 6 December 2011 64 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 65 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 66 Albanian Disability Rights Foundation 2010, The Implementation of the Action Plan of the National Strategy on People with Disabilities in 2008-2009: Monitoring Report, Albanian Disability Rights Foundation website, February, p.12 http://www.adrf.org.al/images/monitorimi/Monitoring 2008 2009 eng.pdf – Accessed 6 December 2011 67 „Description of disability situation in Albania‟ (undated), International Federation of Persons with Physical Disability website http://www fimi tic.org/index.php?q=node/192 – Accessed 4 March 2009 68 „Albania‟ (undated), Finnish Disabled People‟s International Development Association website http://www fidida fi/kuvagalleria/albania/ – Accessed 6 December 2011 69 „Disability Albania‟ (undated), Valdete Trust website http://www.valdetetrust.org/ – Accessed 6 December 2011 70 „Q&A: Schengen Agreement‟ 2011, BBC News, 16 May http://www.bbc.co.uk/news/world-europe-13194723 – Accessed 10 June 2011

Page 9 of 16 Permit of Stay is entitled to apply for a Long-Term Residence Permit or permanent Residence Card, which provides permanent residency.71

Permit of Stay

According to the AngloINFO website, non-European Union citizens planning to reside in Italy for more than three months must obtain a Permit of Stay (Permesso di Soggiorno). The Permit of Stay “has an expiry date, is renewable, and is issued (with varying durations of validity) for the first five years of residence in Italy”.72 The Permit of Stay registers a person‟s presence with the Italian authorities and confirms their right to stay in Italy for more than three months. It cannot be obtained without a valid visa,73 and must be applied for within eight days of entering Italy, from the police station in the province in which the foreign citizen wishes to reside.74

The Permit of Stay is renewable. Renewal should occur at least one month prior to the expiry date, and is made at the police station in the place of residence. Renewals may be valid for varying lengths of time depending on how long a person has resided in Italy.75

Residence Permit

After at least five years of residence in Italy, a person may apply for a Long-Term Residence Permit (Permesso di Soggiorno per Soggiornanti di Lungo Periodo), also known as a permanent Residence Card (Carta di Soggiorno), which is issued for an indefinite period. To qualify for the Residence Card, a person must have held a Permit of Stay for more than five years, and meet minimum income requirements.76 77 Although issued for an indefinite period, the Residence Card must be renewed every five years with updated personal details.78

A holder of a permanent Residence Card is entitled to:

 remain abroad for long periods and re-enter Italy without the requirement for a re-entry visa

 carry on any lawful activity in Italy, except those expressly prohibited by law or reserved for Italian citizens

71 „Residence Permits in Italy: Permesso di Soggiorno, Registration and EC Residence Permits‟ (undated), AngloINFO website http://rome.angloinfo.com/countries/italy/residency.asp – Accessed 21 November 2011 72 „Residence Permits in Italy: Permesso di Soggiorno, Registration and EC Residence Permits‟ (undated), AngloINFO website http://rome.angloinfo.com/countries/italy/residency.asp – Accessed 21 November 2011 73 „Permesso di Soggiorno: Permit of Stay‟ 2010, Moving to Florence website http://www movingtoflorence.com/2010/02/permesso-di-soggiorno-permit-of-stay.html – Accessed 8 December 2011 74 „The Visa‟ (undated), Alma Mater Studiorum University of Bologna Faculty of Agriculture, International Master of Horticultural Sciences website, p.4 http://www.agrsci.unibo.it/dicabo/imahs/Attachments/VISA EN.pdf – Accessed 8 December 2011 75 „Residence Permits in Italy: Permesso di Soggiorno, Registration and EC Residence Permits‟ (undated), AngloINFO website http://rome.angloinfo.com/countries/italy/residency.asp – Accessed 21 November 2011 76 „Residence Permits in Italy: Permesso di Soggiorno, Registration and EC Residence Permits‟ (undated), AngloINFO website http://rome.angloinfo.com/countries/italy/residency.asp – Accessed 21 November 2011 77 ECOTEC Research & Consulting 2000, „Admission of Third Country Nationals for Paid Employment or Self- Employed Activity‟, European Commission Home Affairs website, p.155 http://ec.europa.eu/home- affairs/doc centre/immigration/docs/studies/ecotec en.pdf – Accessed 8 December 2011 78 „The Visa‟ (undated), Alma Mater Studiorum University of Bologna Faculty of Agriculture, International Master of Horticultural Sciences website, p.16 http://www.agrsci.unibo.it/dicabo/imahs/Attachments/VISA EN.pdf – Accessed 8 December 2011

Page 10 of 16  use all the services and facilities of the public administration with the same entitlements as Italian citizens, save for special provisions [and]

 participate in the public life of the place in which he or she is resident, and also has voting rights, where provided for by law.79

A 2000 study conducted on behalf of the European Commission states that the Residence Card “acts as a long term permit and grants the third county citizen a privileged status”. It similarly states that Residence Card holders may have access to health assistance, education and schooling, social housing, and social security benefits.80

Childrens’ nationality

Children born in Italy to foreign parents do not automatically obtain Italian citizenship. Italian citizenship is regulated by Law 91 of 1992, which states that “a foreigner born in Italy and legally residing in our country, without interruption, until the age of 18, can acquire Italian citizenship if, by the age of 19, he or she makes a declaration accepting Italian citizenship”.81

Children under the age of 14 can also be included on the Italian permanent Residence Card of their parents. Following their 14th birthday, however, they must apply for their own permit, which must be renewed at the age of 18.82

Children born abroad to parents who are both Albanian nationals acquire Albanian citizenship at birth. According to the Law on Albanian Citizenship:

A child acquires the Albanian citizenship by birth in cases when:

1. both parents, at the moment of birth of child, are Albanian nationals;

2. one of the parents, at the time of birth of child, is Albanian national and the child is born in the territory of the Republic of Albania. Exceptions are made in cases when parents jointly decide that the child acquires the citizenship of the other parent.

3. is born outside the territory of the Republic of Albania and one of the parents is Albanian national, whereas the other has an unknown citizenship or is stateless;

4. is born outside the territory of the Republic of Albania and one of the parents is Albanian national, whereas the other has another citizenship, but both parents agree that the child acquires the Albanian citizenship.83

79 „The Visa‟ (undated), Alma Mater Studiorum University of Bologna Faculty of Agriculture, International Master of Horticultural Sciences website, p.16 http://www.agrsci.unibo.it/dicabo/imahs/Attachments/VISA EN.pdf – Accessed 8 December 2011 80 ECOTEC Research & Consulting 2000, „Admission of Third Country Nationals for Paid Employment or Self- Employed Activity‟, European Commission Home Affairs website, pp.155-157 http://ec.europa.eu/home- affairs/doc centre/immigration/docs/studies/ecotec en.pdf – Accessed 8 December 2011 81 „Italian citizenship‟ 2009, City of Turin website, 11 January http://www.comune.torino.it/en/papers/italian- citizenship.shtml – Accessed 8 December 2011 82 „The Visa‟ (undated), Alma Mater Studiorum University of Bologna Faculty of Agriculture, International Master of Horticultural Sciences website, p.4 http://www.agrsci.unibo.it/dicabo/imahs/Attachments/VISA EN.pdf – Accessed 8 December 2011 83 Law on Albanian Citizenship (Promulgated 5 August 1998, Effective 6 September 1998), Law No. 8389, UNHCR Refworld website http://www.unhcr.org/refworld/docid/3ae6b5c10 html – Accessed 8 December 2011

Page 11 of 16 Entry and residence in Italy without a Permit of Stay

Albanian citizens who do not hold an Italian Permit of Stay may still be able to enter and reside in Italy for a period of up to three months. As of 15 December 2010, Albanian citizens who hold biometric passports have been permitted to travel without a visa to European countries that are signatory to the Schengen Agreement of 1985 and subsequent Schengen Convention of 1990.84 85 There are 25 signatories to the Schengen Agreement, including Italy.86 87 Multiple entries into Schengen countries are permitted, as long as the total period of stay does not exceed three months within a six month period.88

Albanian citizens who wish to travel visa-free into the Schengen area must hold a biometric passport, provide proof that they have health insurance, and demonstrate that they have sufficient funds to cover the cost of the travel and stay. According to Albania‟s Ministry of Interior, more than 1.2 million citizens applied for a biometric passport in November and December 2010.89 The Swedish Migration Board defines a biometric passport as one that is “equipped with a computer chip that stores personal information and a photograph of the holder”.90

Albanian citizens holding non-biometric passports still require a visa to travel to the Schengen area.91 92 93 94 In addition, an Albanian residence permit does not allow the holder to travel to the Schengen area without a visa.95 Entry conditions for third country nationals also still apply to Albanians on their initial entry to the Schengen area; at the external border of a Schengen country travellers are required to prove that they have sufficient funds to cover their

84 „Tension builds beneath calm after violence in Albania‟ 2011, The New York Times, 25 January http://www nytimes.com/2011/01 /25/world/europe/25iht-albania25.html? r=1&ref=albania – Accessed 31 January 2011 85 „Q&A: Schengen Agreement‟ 2011, BBC News, 16 May http://www.bbc.co.uk/news/world-europe-13194723 – Accessed 10 June 2011 86 „Free movement within the EU – a fundamental right‟ 2009, European Commission Freedom, Security and Justice website, March http://ec.europa.eu/justice home/fsj/freetravel/fsj freetravel intro en htm – Accessed 25 September 2009 87 „Q&A: Schengen Agreement‟ 2011, BBC News, 16 May http://www.bbc.co.uk/news/world-europe-13194723 – Accessed 10 June 2011 88 EUD Delegation Tirana (undated), „FAQ on the visa-free regime‟, EU European External Action Service website http://www.eeas.europa.eu/delegations/albania/documents/travel eu/faq visa.pdf – Accessed 14 June 2011 89 Likmeta, B. 2010, „No Tidal Wave of Albanians Into Schengen Zone‟, Balkan Insight, 23 December http://www.balkaninsight.com/en/article/no-tidal-wave-of-albanians-into-the-eu – Accessed 10 June 2011 90 „Visa exemption for Bosnian and Albanian citizens from 15 December‟ 2010, Swedish Migration Board website, 23 December http://www.migrationsverket.se/info/3266 en.html – Accessed 14 June 2011 91 EUD Delegation Tirana (undated), „FAQ on the visa-free regime‟, EU European External Action Service website http://www.eeas.europa.eu/delegations/albania/documents/travel eu/faq visa.pdf – Accessed 14 June 2011 92 „Visa for persons living in Albania‟ 2011, Switzerland Federal Department of Foreign Affairs website, 1 April http://www.eda.admin.ch/eda/en/home/reps/eur/valb/ref visinf/visalb html – Accessed 10 June 2011 93 „Do I Need a Visa?‟ (undated), Austrian Foreign Ministry, London Embassy website http://www.bmeia.gv.at/en/embassy/london/practical-advice/schengen-visa-residence-permits/do-i-need-a-visa html – Accessed 15 June 2011 94 „Abolition of visa requirement for short-term stays in the Schengen area for citizens of Albania, and the FYR of Macedonia, , Montenegro and Taiwan‟ 2009, Consulate General of the Czech Republic in Chicago website, 11 December http://www mzv.cz/chicago/en/consular information/visa/short term visa requirements stay up to/abolition of vi sa requirement for short html – Accessed 15 June 2011 95 EUD Delegation Tirana (undated), „FAQ on the visa-free regime‟, EU European External Action Service website http://www.eeas.europa.eu/delegations/albania/documents/travel eu/faq visa.pdf – Accessed 14 June 2011

Page 12 of 16 stay, demonstrate that the purpose of their travel is for a genuine visit, and specify the place where they will be staying.96 97

The visa exemption does not provide Albanian citizens with the right to work or settle in any of the Schengen countries.98 99 Likewise, the Schengen visa required by Albanian holders of non-biometric passports does not allow residency or employment in the area.100 Albanian citizens wishing to reside in the Schengen area for longer than three months must obtain a permit from the country in which they are planning to reside.101 102 The Immihelp website states that persons seeking “gainful employment in the Schengen countries must get a residence permit in the form of a visa. A work permit will be included in the visa where needed”.103

96 EUD Delegation Tirana (undated), „FAQ on the visa-free regime‟, EU European External Action Service website http://www.eeas.europa.eu/delegations/albania/documents/travel eu/faq visa.pdf – Accessed 14 June 2011 97 „Visa exemption for Bosnian and Albanian citizens from 15 December‟ 2010, Swedish Migration Board website, 23 December http://www.migrationsverket.se/info/3266 en.html – Accessed 14 June 2011 98 „EU visa-free regime for Bosnians, Albanians begins‟ 2010, Southeast European Times, 15 December http://www.setimes.com /cocoon/setimes/xhtml/en GB/newsbriefs/setimes/newsbriefs/20 10/12/15/nb-01 – Accessed 30 May 2011 99 Likmeta, B. 2010, „No Tidal Wave of Albanians Into Schengen Zone‟, Balkan Insight, 23 December http://www.balkaninsight.com/en/article/no-tidal-wave-of-albanians-into-the-eu – Accessed 10 June 2011 100 „The Tourist Visa: Staying in Spain and the Schengen Area‟ 2011, Spain Expat website, 18 May http://www.spainexpat.com/spain/information/schengen visa spain/ – Accessed 15 June 2011 101 „Visa exemption for Bosnian and Albanian citizens from 15 December‟ 2010, Swedish Migration Board website, 23 December http://www.migrationsverket.se/info/3266 en.html – Accessed 14 June 2011 102 „Schengen Visa and Residence Permit‟ (undated), Norwegian Embassy in Nigeria website http://www.emb- norway.com.ng/Embassy/Visa-information/ – Accessed 15 June 2011 103 „Schengen Visa for Employment- Resident Permit‟ (undated), Immihelp website http://www.immihelp.com/visas/schengenvisa/employment-visa.html – Accessed 15 June 2011

Page 13 of 16 References „Abolition of visa requirement for short-term stays in the Schengen area for citizens of Albania, Bosnia and Herzegovina and the FYR of Macedonia, Serbia, Montenegro and Taiwan‟ 2009, Consulate General of the Czech Republic in Chicago website, 11 December http://www.mzv.cz/chicago/en/consular_information/visa/short_term_visa_requirements_stay_up to/abolition of visa requirement for short.html – Accessed 15 June 2011.

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„Do I Need a Visa?‟ (undated), Austrian Foreign Ministry, London Embassy website http://www.bmeia.gv.at/en/embassy/london/practical-advice/schengen-visa-residence-permits/do- i-need-a-visa.html – Accessed 15 June 2011.

„EU visa-free regime for Bosnians, Albanians begins‟ 2010, Southeast European Times, 15 December http://www.setimes.com/cocoon/setimes/xhtml/en GB/newsbriefs/setimes/newsbriefs/20 10/12/15/nb-01 – Accessed 30 May 2011. (CISNET Global CX265872)

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„General situation of people with disabilities in Albania‟ (undated), Beyond Barriers website http://beyondbarriers.org/?q=node/8 – Accessed 6 December 2011.

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„Permesso di Soggiorno: Permit of Stay‟ 2010, Moving to Florence website http://www.movingtoflorence.com/2010/02/permesso-di-soggiorno-permit-of-stay.html – Accessed 8 December 2011.

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Page 14 of 16 „Residence Permits in Italy: Permesso di Soggiorno, Registration and EC Residence Permits‟ (undated), AngloINFO website http://rome.angloinfo.com/countries/italy/residency.asp – Accessed 21 November 2011.

„Schengen Visa and Residence Permit‟ (undated), Norwegian Embassy in Nigeria website http://www.emb-norway.com.ng/Embassy/Visa-information/ – Accessed 15 June 2011.

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„The Visa‟ (undated), Alma Mater Studiorum University of Bologna Faculty of Agriculture, International Master of Horticultural Sciences website http://www.agrsci.unibo.it/dicabo/imahs/Attachments/VISA_EN.pdf – Accessed 8 December 2011.

„Visa exemption for Bosnian and Albanian citizens from 15 December‟ 2010, Swedish Migration Board website, 23 December http://www.migrationsverket.se/info/3266 en.html – Accessed 14 June 2011.

„Visa for persons living in Albania‟ 2011, Switzerland Federal Department of Foreign Affairs website, 1 April http://www.eda.admin.ch/eda/en/home/reps/eur/valb/ref visinf/visalb.html – Accessed 10 June 2011.

Albanian Disability Rights Foundation 2010, The Implementation of the Action Plan of the National Strategy on People with Disabilities in 2008-2009: Monitoring Report, Albanian Disability Rights Foundation website, February http://www.adrf.org.al/images/monitorimi/Monitoring_2008_2009_eng.pdf – Accessed 6 December 2011.

Amnesty International 2010, Ending Domestic Violence in Albania – The Next Steps, Amnesty International website, March http://www.amnesty.org/en/library/asset/EUR11/001/2010/en/f22a5393-9099-488a-8049- 2a8e34d8ed9e/eur110012010en.pdf – Accessed 7 December 2011.

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ECOTEC Research & Consulting 2000, „Admission of Third Country Nationals for Paid Employment or Self-Employed Activity‟, European Commission Home Affairs website http://ec.europa.eu/home-affairs/doc_centre/immigration/docs/studies/ecotec_en.pdf – Accessed 8 December 2011.

EUD Delegation Tirana (undated), „FAQ on the visa-free regime‟, EU European External Action Service website http://www.eeas.europa.eu/delegations/albania/documents/travel eu/faq visa.pdf – Accessed 14 June 2011.

Page 15 of 16 Freedom House 2011, Freedom in the World 2011 – Albania, 26 May http://www.freedomhouse.org/inc/content/pubs/fiw/inc country detail.cfm?year=2011&country =7981&pf – Accessed 30 May 2011.

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