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International Covenant on Civil and Political Rights, in Compliance with Its Article 40

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International Covenant on Civil and Political Rights, in Compliance with Its Article 40 UNITED CCPR NATIONS International covenant Distr. on civil and GENERAL political rights CCPR/C/ALB/2004/1 16 February 2004 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Initial report ALBANIA* [2 February 2004] * This report is issued unedited, in compliance with the wish expressed by the Human Rights Committee at its sixty-sixth session in July 1999. GE.04-40395 (E) 280504 CCPR/C/ALB/2004/1 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 3 4 I. GENERAL PART OF THE REPORT ......................................... 4 4 II. IMPLEMENTATION OF SPECIFIC ARTICLES OF THE COVENANT ................................................................................ 5 - 1476 4 Article 1. The right to self-determination of peoples ................. 5 - 20 4 Article 2. Human rights and their protection ............................. 21 - 142 6 Article 3. Equality between the sexes ........................................ 143 - 265 21 Article 4. Derogation of rights ................................................... 266 - 283 52 Article 5. Restriction of rights ................................................... 284 - 309 56 Article 6. Right to life ................................................................ 310 - 354 61 Article 7. Prohibition of torture and cruel, inhuman and degrading treatment or punishment ........................... 355 - 551 78 Article 8. Prohibition of slavery, servitude and compulsory work ........................................................................... 552 - 596 106 Article 9. Right to liberty and security of the person ................. 597 - 638 113 Article 10. Rights of persons deprived from liberty .................... 639 - 750 120 Article 11. Prohibition of imprisonment on the grounds of inability to fulfil a contractual obligation .................. 751 136 Article 12. The right to freedom of movement and to free choice of residence ..................................................... 752 - 769 136 Article 13. Expulsion of foreigners .............................................. 770 - 788 139 Article 14. Equality of all persons before the courts ................... 789 - 874 142 Article 15. Non retroactive force of criminal law ........................ 875 - 876 156 Article 16. The right to recognition as a person before the law ........................................................................ 877 - 882 157 CCPR/C/ALB/2004/1 page 3 CONTENTS (continued) Paragraphs Page Article 17. The right to respect of privacy, family, home and correspondence, and protection of honour and reputation ............................................................ 883 - 938 158 Article 18. Freedom of thought, conscience and religion ............ 939 - 956 166 Article 19. Freedom of expression ............................................... 957 - 1002 169 Article 20. Prohibition of propaganda for war and inciting national, racial or religious hatred ............................. 1003 - 1013 174 Article 21. Right to peaceful assembly ........................................ 1014 - 1029 175 Article 22. Freedom of association and the right to form and join trade unions .................................................. 1030 - 1114 178 Article 23. Protection of the family, the right to marriage and equality of the spouses ........................................ 1115 - 1157 198 Article 24. Rights of the child ...................................................... 1158 - 1278 207 Article 25. The right to participate in public affairs, voting rights and the right of equal access to public service ........................................................................ 1279 - 1329 229 Article 26. Prohibition of discrimination ..................................... 1330 - 1389 241 Article 27. The rights of minorities .............................................. 1390 - 1476 251 CCPR/C/ALB/2004/1 page 4 Introduction 1. The Republic of Albania presents to the United Nations Human Rights Committee its initial report on the measures adopted by the Republic of Albania on the rights defined by the International Covenant on Civil and Political Rights, in compliance with its article 40. 2. The state report was drafted by a permanent group of experts from Albanian Government and NGO-s, after discussions on the relevant issues and information based on the articles of the Covenant. 3. The Republic of Albania adhered to the International Covenant on Civil and Political Rights with law no. 7510, dated 8 August 1991, proclaimed by the President of the Republic by Decree No. 19 of August 13, 1991. The Covenant was ratified on October 4, 1991 and entered into force with respect to Albania on 4th January 1992. I. GENERAL PART OF THE REPORT 4. The general legal framework within which civil and political rights are ensured in the Republic of Albania has been described in the amended and revised CORE document that Albania presented to the United Nations in 2003. II. IMPLEMENTATION OF SPECIFIC ARTICLES OF THE COVENANT Article 1 The right to self-determination of peoples 5. Pursuant to the principle of the United Nations Charter of the right of peoples right to self-determination, the Republic of Albania respects the sovereignty, inviolability of borders, non-interference in internal affairs of other states, the right of peoples to self-determination and the respecting of fundamental human rights. 6. The Republic of Albania observes the accepted international provisions concerning the inter-state relations and the principle of fostering the relations and mutual understanding among nations. 7. Albania proclaimed its independence on 28 November 1912, which was recognized by the London Treaty on 30 May 1913 and the Decision of the Ambassador’s Conference on 29 July 1913. Albania was accepted as member of the League of Nations on 17 December 1920 and became member of the United Nations on 14 December 1955. 8. The new Constitution was approved by the Parliament on 21 October 1998, after peoples referenda. The preamble and the following articles of the Constitutions are directly linked with the peoples right to self-determination: “We, the people of Albania, proud and aware of our history, with responsibility for the future, and with faith in God and/or other universal values, CCPR/C/ALB/2004/1 page 5 with determination to build a social and democratic state based on the rule of law, and to guarantee the fundamental human rights and freedoms, with a spirit of tolerance and religious coexistence, with the pledge for the protection of human dignity and personhood, as well as for the prosperity of the whole nation, for peace, well-being, culture and social solidarity, with the centuries-old aspiration of the Albanian people for national identity and unity, with a deep conviction that justice, peace, harmony and cooperation among nations are among the highest values of humanity, We establish this Constitution.” 9. According to article 1 Albania is a parliamentary Republic. The Republic of Albania is a unitary and indivisible state. Governance is based on a system of elections that are free, equal, general and periodic. 10. Sovereignty in the Republic of Albania belongs to the people. The people exercise sovereignty through their representatives or directly. For the maintenance of peace and national interests, the Republic of Albania may take part in a system of collective security, on the basis of a law approved by a majority of all the members of the Assembly (article 2). 11. Article 3 stipulates that independence of the state and the integrity of its territory, dignity of the individual, human rights and freedoms, social justice, constitutional order, pluralism, national identity and inheritance, religious coexistence, as well as coexistence with, and understanding of Albanians for, minorities are the bases of this state, which has the duty of respecting and protecting them. 12. The law constitutes the basis and the boundaries of the activity of the state. The Constitution is the highest law in the Republic of Albania. The provisions of the Constitution are directly applicable, except when the Constitution provides otherwise (article 4). 13. The Republic of Albania applies international law that is binding upon it (article 5). Article 7 stipulates that the system of government in the Republic of Albania is based on the separation and balancing of legislative, executive and judicial powers. 14. The fundamental human rights and freedoms are indivisible, inalienable, and inviolable and stand at the basis of the entire juridical order. The organs of public power, in fulfilment of their duties, shall respect the fundamental rights and freedoms, as well as contribute to their realization (article 15). 15. According to article 122, any international agreement that has been ratified constitutes part of the internal juridical system after it is published in the Official Journal of the Republic of Albania. It is implemented directly, except for cases when it is not self-executing and its implementation requires issuance of a law. The amendment, supplementing and repeal of laws approved by the majority of all members of the Assembly, for the effect of ratifying an international agreement, is done with the same majority. CCPR/C/ALB/2004/1 page 6 16. An international agreement that has been ratified by law has superiority over laws of the country that are not compatible with
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