ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES ACFC/SR/V(2021)002 Fifth Report submitted by Albania Pursuant to Article 25, paragraph 2 of the Framework Convention for the Protection of National Minorities – received on 5 May 2021 ACFC/SR/V(2021)002 FIFTH REPORT Submitted by REPUBLIC OF ALBANIA Pursuant to article 25, paragraph 2 of THE FRAMEWORK CONVENTION OF THE COUNCIL OF EUROPE FOR THE PROTECTION OF NATIONAL MINORITIES 1 ACFC/SR/V(2021)002 TABLE OF CONTENTS Lista e shkurtimeve……………………………………………………………….................. 3 Introduction………………………………………………………………....................……... 4 I. Measures for the implementation of the Framework Convention, and the dialogue with the Advisory Committee………………………………………………………………………......5 II. Measures taken to address issues that require immediate action identified in the fourth monitoring cycle and also as an opportunity to assess key issues during the reporting cycle………………………………………………………………………………….………..8 III. Measures to implement the provisions of the Framework Convention, and measures to implement further recommendations of fourth monitoring cycle............................................17 Article 3 The purpose of the individual implementation of the Framework Convention…....17 Article 4 Prohibition of discrimination....................................................................................21 Article 5 Culture…………………………………………………………………………….. 25 Article 6 Tolerance and intercultural dialogue …………………………………..................28 Article 7 The right to manifest religion or belief and the settlement of religious institutions...............................................................................................................................32 Article 9 Media access ...........................................................................................................33 Article 10 The use of the language and the the relation with the authorities.......................34 Article 11 Names, Surnames (patronymics) and names in minority languages. Topographic signs and indicators…………………...……………………………………………………. 36 Article 12 Education ………………...................................................................................37 Article 13 Opening of private institutions...........................................................................40 Article 14 The right to learn and to be taught in the mother tongue,,,,...............................40 Article 15 The participation in the public life.............................................. .......................44 Article 16 The population composition…………………………………………..................57 Article 17 -18 Bilateral and international cooperation .......................................................57 IV Additional information on the implementation of the minority rights at local level..........................................................................................................................................58 Annexes to the Report..............................................................................................................76 2 ACFC/SR/V(2021)002 List of Abbreviations AMA Audiovisual Media Authority PA Ombudsman (People’s Advocate) AQAPE Agency of Quality Assurance of Pre-University Education EU European Union FCPNM Framework Convention for the Protection of National Minorities GDSP General Directorate of the State Police DFLA Directorate of Free Legal Aid CoE Council of Europe CPAD Commissioner for the Protection against Discrimination MESY Ministry of Education, Sports and Youth MEFA Ministry of Europe and Foreign Affairs MoJ Ministry of Justice MoI Ministria of Interior MFE Ministry of Finance and Economy MHSP Ministry of Health and Social Protection CSO Civil Society Organisation RoA Republic of Albania ART Albanian Radio and Television LOPE Local Office of Pre-University Education 3 ACFC/SR/V(2021)002 INTRODUCTION 1. Framework Convention for the Protection of National Minorities1 has been signed by the Republic of Albania2 on 29.06.1995, ratified by law no. 8496, dated 3.6.1999 and entered into force on 01.01 2000. 2. Based on Article 25 (point 1, and point 2) of the Framework Convention from 2001, Albania has periodically submitted to the Council of Europe, four periodic reports on the implementation of the provisions of the Framework Convention, on the respect and protection of the rights of minorities in Albania3. In the framework of the periodic monitoring cycles, after the submission of the National Reports, the respective Opinions of the Advisory Committee of the Framework Convention were adopted4. After reviewing the relevant Opinions of the Advisory Committee5 and the submission of comments by the Albanian authorities on these Opinions6, The Committee of Ministers of the Council of Europe (CoE) has adopted the relevant resolutions on the implementation of the Framework Convention by Albania7. 3. In the framework of the fourth monitoring cycle, 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 fourth Report submitted by the Albanian authorities in 2016, as well as the information gathered during the visit of this Committee in Albania, in March 2018, during meetings with representatives of state institutions, visits to the Municipality of Tirana, Finiq, Himara and Shijak, as well as with representatives of state institutions. 4. Following the adoption and publication of the Opinion of the Advisory Committee and mainly during 2020, discussions took place in the Group of Rapporteurs on Human Rights, on the draft resolution on the implementation of the Framework Convention for the Protection of National Minorities by Albania. On January 13, 2021, at the meeting of the Committee of Ministers of the CoE, the Resolution on the implementation of the Framework Convention for the Protection of National Minorities by Albania was adopted by consensus. 5. Based on law no. 43/2016 “On international agreements in the Republic of Albania”, specifically article 25 point 3, Ministries and competent institutions, according to the fields, periodically inform the Ministry of Europe and Foreign Affairs (MEFA), in the framework of 1 Hereinafter the Framework Convention. 2 Hereinafter the RoA 3 The first report was submitted in July 2001; Second report submitted in May 2007; Third Report submitted January 2011; Fourth Report November 2016. 4 Hereinafter referred to as the Advisory Committee. 5 First Advisory Committee Opinion 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). Fourth Opinion adopted 11 October 2018 and published in May 2019 (ACFC / OP / IV (2018) 006). Previous Cycle Opinions, including Fourth Cycle Opinions can be found on the website: https://www.coe.int/en/web/minorities/albania. 6 Comments of the Albanian Government on the 4 Opinions, submitted respectively: February 2003 (GVT / COM / INF / OP / I (2003) 004); December 2008 (GVT / COM / II (2008) 005); June 2012 (GVT / COM / III (2012) 003); March 2019 (GVT / COM / IV (2019) 002). The respective comments are published on the website: https://www.coe.int/en/web/minorities/albania. 7 Comments of the Albanian Government on the 4 Opinions, submitted respectively: February 2003 (GVT / COM / INF / OP / I (2003) 004); December 2008 (GVT / COM / II (2008) 005); June 2012 (GVT / COM / III (2012) 003); March 2019 (GVT / CO M / IV (2019) 002). The respective comments are found published on the website: https://www.coe.int/en/web/minorities/albania. 4 ACFC/SR/V(2021)002 drafting national reports on the implementation of international human rights agreements to which the Republic of Albania is a party. Based on point 4 of this article, the MEFA directs the process of drafting national reports on the implementation of human rights agreements, which it submits to the Council of Ministers for approval. In order to prepare this Report, the Ministry of Foreign Affairs, as the institution responsible for drafting national reports within the human rights, has informed the competent institutions and an inter-institutional working group has been set up to draft this Report, based on the Order of the Prime Minister no.112, dated 5.3.2014 "On the establishment of the inter-ministerial working group on drafting and participating during the consideration of reports in the framework of international conventions on human rights." 6. The report has been drafted in accordance with the state report outline of the fifth monitoring cycle. The first part of the Report presents information on the measures for the implementation of the Framework Convention, and the continuation of the dialogue with the Advisory Committee. The second part presents information on relevant measures taken to address the issues for immediate action identified in the fourth monitoring cycle. The third part provides information on relevant measures to implement the provisions of the Framework Convention on an article-by-article basis, and to the further recommendations of the Advisory Committee of the Framework Convention, made in fourth monitoring cycle. The fourth part of the Report provides information on the implementation of minority rights at the local level. An integral part of this Report are also the annexes in which additional information is provided in function of a comprehensive reporting, by