Committee on the Elimination of Racial Discrimination

Ninety-seventh session

26 November–14 December 2018

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined ninth to twelfth periodic reports of Albania

Note by the Country Rapporteur

1.The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (see A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The present document contains a list of such themes. It is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

Legal, institutional and public policy framework for combating racial discrimination (art. 27)

2.Impact of anti-racism activities conducted by the People’s Advocate, the Commissioner for Protection from Discrimination, the State Committee on Minorities and other relevant national bodies. Adequacy of budgetary and human resources to ensure their proper functioning. Information on the planned activities of the National Minorities Committee. (CERD/C/ALB/CO/5-8, para. 9; CERD/C/ALB/9-12, paras. 62–74.)

3.Content and implementation of Law No. 96/2017 entitled “On the Protection of National Minorities in the Republic of Albania”. (CERD/C/ALB/CO/5-8, para. 7; CERD/C/ALB/9-12, paras. 47–52; CERD/C/ALB/CO/5-8/Add.1, paras. 3–10.)

4.Impact of Law No. 111/2017 on access by ethnic minorities to legal aid.

5.Examples of court cases and administrative decisions where the principles in the Convention have been applied.

6.Content and application of laws comprehensively prohibiting all forms of racial discrimination (including Law No. 10221/2010 entitled “On Protection against Discrimination”), and of laws criminalizing racist organizations and participation in such organizations. (CERD/C/ALB/CO/5-8, para. 10; CERD/C/ALB/9-12, paras. 7–10, 14 and 53–72.)

7.Incorporation of input obtained during consultations with minority groups in the development and implementation of laws and policies to combat racial discrimination. (CERD/C/ALB/CO/5-8, paras. 7–8, 10 and 17; CERD/C/ALB/9-12, paras. 42, 47, 50, 61, 73 and 75–80.)

8.Additional information and recent statistics indicating: (a) the outcome of administrative, civil and criminal complaints; (b) prosecutions; (c) convictions; (d) sanctions; and (e) remedies — for acts of racial discrimination, racist hate speech and hate crimes, and incitement to racial hatred. Efforts to inform the public about relevant complaint mechanisms and legal remedies. (CERD/C/ALB/CO/5-8, para. 19; CERD/C/ALB/9-12, paras. 8, 13, 14, 24, 26, 63–72 and 113).

9.Concrete progress of the National Action Plan for the Integration of Roma and Egyptians (2016–2020). (CERD/C/ALB/9-12, paras. 82–87.)

Situation of Roma, Egyptians and persons belonging to Aromanian and other ethnic minorities in Albania (arts. 2–7)

10.Recent statistics, disaggregated by ethnicity and sex, revealing the enjoyment of economic, social and cultural rights, including access to primary, secondary and tertiary education and to housing, social security, and health services. (CERD/C/ALB/CO/5-8, paras. 6 and 16; CERD/C/ALB/9-12, paras. 17 and 131–155.)

11.The nature and impact of special measures aimed at improving the enjoyment, without discrimination, of rights and benefits by the Roma, Egyptian and Aromanian minorities, especially in the areas of access to employment, education, housing and water, and health-care services. (CERD/C/ALB/CO/5-8, paras. 8 and 16; CERD/C/ALB/9-12, paras. 14–22, 32–40, 53–61, 81–103 and 131–155.)

12.Efforts to combat de facto ethnic segregation in education and residential patterns. Training conducted in communities on the integration of minority children in education.

13.The application of Law No. 22/2018 entitled “On Social Housing” to ethnic minorities. Measures taken to prevent and address illegal forced evictions of ethnic minorities and to provide alternative accommodation. (CERD/C/ALB/9-12, paras. 16–22.)

14.Measures taken to ensure adequate participation by ethnic minorities in public and political life. Statistics, disaggregated by sex, on ethnic minorities in the civil service and decision-making political positions. (CERD/C/ALB/CO/5-8, para. 13; CERD/C/ALB/9-12, paras. 54, 59 and 91–103.)

15.Additional information and statistics on results of measures taken to provide Roma with identity documents. (CERD/C/ALB/CO/5-8, para. 14; CERD/C/ALB/9-12, paras. 67 and 70; CERD/C/ALB/CO/5-8/Add.1, paras. 11–27.)

16.Statistics on ethnicity of persons deprived of their liberty. Measures taken to prevent ethnic profiling by law enforcement agents, and to sensitize law enforcement agents to matters involving racial discrimination. (CERD/C/ALB/CO/5-8, para. 15; CERD/C/ALB/9-12, paras. 125–130.)

17.Measures taken to monitor, prevent, and combat intersecting forms of discrimination faced by ethnic minority women. (CERD/C/ALB/CO/5-8, para. 18; CERD/C/ALB/9-12, para. 84.)

18.Outcome of joint efforts conducted with other States and regional organizations to address ethnic minority issues. (CERD/C/ALB/CO/5-8, para. 20; CERD/C/ALB/9-12, paras. 156–160.)

Situation of non-citizens, including migrants, asylum seekers and refugees (arts. 5–7)

19.Nationality/ethnicity of victims of human trafficking. Prosecutions and convictions for trafficking; remedies provided to victims. Targets and results of the 2014–2017 and 2018–2020 action plans to combat human trafficking.

20.Statistics, disaggregated by nationality of the applicant, on asylum/non-refoulement claims filed and granted. Availability, to asylum seekers, of appropriate information, interpretation, legal and humanitarian assistance and judicial remedies.

21.Situation of irregular and stranded migrants. Monitoring of recruitment of Albanians for employment abroad; employment-related complaint mechanisms.

Other concerns

22.Extent and impact of anti-racial discrimination training programmes provided to police, security and military personnel, and judges and prosecutors; information on human rights training programmes conducted to foster intercultural dialogue, tolerance and understanding. (CERD/C/ALB/9-12, paras. 128–129.)