Albania: Commissioner for Protection from Discrimination, including complaints received based on discrimination against sexual minorities and actions taken by the Commissioner; Anti-discrimination training provided to government authorities, including effectiveness (2012-January 2014)

1. Responsibilities of the Commissioner for Protection from Discrimination

In a report to the UN Human Rights Committee, the Commissioner for Protection from Discrimination (CPD) describes its office as an "independent public institution" that investigates complaints of discrimination in accordance with the 2010 law "For the Protection from Discrimination" (Albania 12 Sept. 2012). The CPD was elected by the Albanian Assembly in 2010 for a five-year term (ibid.). The CPD office is located in Tirana (ibid.). The Office of the CPD includes four sections: the Directorate of Legal, Procedural Affairs and Foreign Relations; the Directorate of Inspection and Investigation; the Public Relations Sector; and the Directorate of Support Services (ibid.). The CPD also has an advisor and a "Secretary/Specialist Archives-Protocol" (ibid.). CPD employees have the status of civil servants (ibid.). According to the report, the CPD's powers to assist victims of discrimination include:

Examining complaints from persons or groups of persons who claim that they have been discriminated against, as provided for in this law;

Examining complaints from organizations that have a lawful interest to act in the name of and with the written consent of individuals or groups of individuals who claim that discrimination has occurred;

Performing administrative investigations for the verification of reliable information about a violation of this law;

Imposing administrative sanctions according to the specification of this law;

Submitting a written opinion about every issue related to discrimination upon a request from the court that examines the case;

Representing a complainant in front of the judicial bodies in civil cases upon his/her consent . . . (Albania 12 Sept. 2012)

In correspondence with the Research Directorate, the Commissioner for Protection from Discrimination explained that after determining that a case of discrimination has occurred,

the Commissioner gives a Recommendation and the timeframe for its implementation. If this Recommendation is not implemented, then the Commissioner gives sanctions by fine to the subject found responsible for the discriminatory behaviour. As a last measure, the Commissioner proposes to remove the license of the private subject that was found responsible by the Commissioner, after the administrative procedure. (Albania 28 Jan. 2014, 5-6)

The CPD further explained that claims of discrimination based on sexual orientation can be initiated by individuals, by NGOs claiming discrimination in the name of a group of persons, or ex-officio [by right of their office] after receiving credible information about a violation of the discrimination law (ibid., 6). The CPD has signed collaborative agreements with Albanian LGBT organizations (Pink Embassy et al. 3 Sept. 2013; Albania 28 Jan. 2014, 8).

2. Cases Brought Before the CPD

2.1 Statistics

The Commissioner indicated that their office handled 104 cases of alleged discrimination in 2012, and 190 cases in 2013; of these cases, there were 7 cases of alleged discrimination on the grounds of sexual orientation in 2012, and 5 cases in 2013 (Albania 28 Jan. 2014, 1). The Commissioner noted that their office made 108 official decisions between September 2012 and December 2013, and found that there was discrimination in 45 of the cases, of which 21 were handled through mediation and 24 were handled through "recommendations for avoiding the discriminatory situation" (ibid.). Of the cases alleging discrimination based on sexual orientation, the Commissioner found that there was discrimination in 7 of the cases, and imposed sanctions in 3 of these cases (ibid.).

2.2 Cases Determined to be Discriminatory by the CPD

One of the cases investigated by the Commissioner involved a complaint of textbooks being used by a university's Faculties of Medicine and Law, because they characterized homosexuality as a "disease" (ibid., 1-2). The complaint was made by the Albanian LGBT rights groups PINK Embassy/LGBT Pro Albania (ibid.; Pink Embassy et al. 3 Sept. 2013, 4). A joint report submitted by PINK Embassy, LGBT Pro Albania, the Alliance Against Discrimination of LGBT Albania and the International Lesbian, Gay, Bisexual, Trans, and Intersex Association Europe (ILGA) to the UN Universal Periodic Review (UPR), also refers to this case, noting that the text was in use at the University of Tirana and referred to homosexuality as a "sexual pathology" (Pink Embassy et al. 3 Sept. 2013, 4). The Commissioner found that the text was discriminatory and made the recommendation that the textbooks be modified or be removed from stores and libraries (Albania 28 Jan. 2014; ILGA 2013, 43). She further recommended that the Ministry of Education and Science verify public and private curricula to ensure that the materials used were not discriminatory (Albania 28 Jan. 2014). According to the Commissioner, the faculties complied with her decision; the books were removed and new materials were used for the lectures (Albania 29 Jan. 2014b).

The Commissioner also responded to complaints against "hate speech" that were found to be discriminatory against the LGBT community (Albania 28 Jan. 2014; Pink Embassy et al. 3 Sept. 2013). Following a debate on national TV about gay pride, the Commissioner found that the deputy head of a political party had used "expressions that violate the dignity and right to life, safety and protection from violence of LGBT people because of their sexual orientation and gender identity" and made the recommendation that the politician make a public apology (Albania 28 Jan. 2014, 3).

The Commissioner also found two politicians of leading political parties guilty of discrimination in comparing homosexuality with "deviant and criminal behaviour" (Albania 28 Jan. 2014, 4). The comments were made in a newspaper article and during a TV debate (ibid.). The Commissioner ordered the subjects to make a public apology and to refrain from using discriminatory language in the future (ibid.). When the subjects did not comply within the timeframe, she imposed "sanctions by fine" (ibid.).

The Commissioner also found discrimination in a case filed by the Alliance Against Discrimination in which a waiter threatened a lesbian couple who displayed public affection and forced them to leave the restaurant (Albania 28 Jan. 2014, 5). According to the Commissioner, the owner of the restaurant did not cooperate with the investigation, and on 23 January 2014, she imposed a fine on the subject of the investigation (ibid.).

In correspondence with the Research Directorate, the Commissioner noted that in the three cases in which she imposed a fine on the subjects, the fines ranged from US $100 to US $200, but that the subjects had not made the payments (Albania 29 Jan. 2014a). Without providing details, she noted that the CPD was preparing further actions for the payment of the fines (ibid.).

2.3 Cases Not Determined to Be Discriminatory by the CPD

In March 2012 the Deputy Defense Minister reportedly said that LGBT people "'should be beaten with batons'" (Pink Embassy et al. 3 Sept. 2013, 5; ILGA Europe 2013, 42). In reaction, two LGBT organizations-Aleanca LGBT and Pro LGBT-registered a complaint with the Commissioner, but the Commissioner closed the case, claiming that there was not sufficient proof that the Deputy Defense Minister made the statement (ILGA Europe 2013, 42; Pink Embassy et al. 3 Sept. 2013). In correspondence with the Research Directorate, the Executive Director of Pro LGBT Albania, a Tirana-based LGBT rights group, noted that the Commissioner declared that she did not have "'access to the facts'" of the case, even though media sources covered the statement and the Ombudsman, Prime Minister, and human rights organizations condemned the statement (Pro LGBT 24 Jan. 2014). Without specifying the details of the case, the CPD noted that there was a complaint submitted by two LGBT rights groups against a deputy minister and another representative of a political party for "hate speech," which included statements by the Prime Minister, Ombudsman, and international organizations, but that "[i]t was impossible for the Commissioner to get evidence and prove if there was a discriminatory behaviour or not, so the case was dissmissed" (Albania 28 Jan. 2014, 3).

The Executive Director of Pro LGBT expressed dissatisfaction with how the Commissioner handled a complaint of discrimination based on sexual orientation filed against the police by a gay couple who asked for a protection order against domestic violence and claimed that they were offended and discriminated against (Pro LGBT 24 Jan. 2014). This source claims that the Commissioner's investigation only involved reading the official documents of the case at the police office and then concluding that there was no discrimination (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Pro LGBT Executive Director also provided an example of how the Commissioner handled a complaint brought to her attention by their organization and Alliance Against Discrimination (Pro LGBT 24 Jan. 2014). The complaint was filed against the producer of the "'Kenga Magjike'" Festival, after they played music with a homophobic message, and did not publically apologize as requested by the two LGBT organizations (ibid.). According to the Pro LGBT Executive Director, the case was initially closed for procedural reasons related to the legal status of the two NGOs (ibid.). However, when the procedural issues were resolved and the case was reopened, the Executive Director said the CPD closed the case because there were no "new facts" even though the facts had never been investigated (ibid.). Further information about this case could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.4 Effectiveness of the CPD

In its 2013 Progress Report on Albania, the European Commission said:

In the area of anti-discrimination, the Commissioner for Protection against Discrimination (CPD) has focused on raising awareness, providing legal recommendations and signing cooperation agreements with central/local government institutions and some civil society organisations. Compared to last year, the number of complaints submitted to the CPD increased as did the number of investigations it initiated ex officio. The CPD imposed five fines on public institutions for not implementing its decisions and provided legal assistance in two cases. Implementation and enforcement of the Law on protection against discrimination remains insufficient. The level of public awareness of the law and of the complaint mechanism remains low. More cases need to be brought to a final conclusion with, if necessary, adequate penalties for the perpetrators. (EU 16 Oct. 2013, 34-35)

According to the joint report submitted by PINK Embassy and other LGBT rights groups to the UN UPR, the Commissioner's recommendations in cases of discrimination against sexual minorities have "not been effective towards the perpetrators" (Pink Embassy et al. 3 Sept. 2013, 4).

In a 12 December 2012 statement, Pro LGBT and the Alliance Against Discrimination expressed "deep disappointment" with the "weak and unprofessional work" of the CPD, faulting the institution for its "slow work," use of "deliberate bureaucratic impediments," and "its prolonged process of investigation." At the time of the statement, the groups' claim was that only one of nine cases of discrimination based on sexual orientation had been concluded by the CPD (Pro LGBT and the Alliance Against Discrimination 12 Dec. 2012).

The Pro LGBT Executive Director said that the Commissioner's biggest challenge in addressing discrimination based on sexual orientation is contending with state officials (Pro LGBT 24 Jan. 2014). She expressed the opinion that in discrimination cases against public institutions or high profile politicians, the attitude of the Commissioner's office is "either to close the case or to slow down the process until the public attention is lost" (Pro LGBT 24 Jan. 2014).

The Commissioner said that, in response to obstacles in combatting discrimination based on sexual orientation, her office has proposed legal amendments to the Penal Code, the Code of Administration Procedures and the Transmission Code (Albania 28 Jan. 2014, 10). She said that the treatment of LGBT issues by the media has been an obstacle in combatting discrimination based on sexual orientation (ibid.). She explained that while some media sources promote LGBT rights, it is more common for homosexuality to be characterized as "deviant behaviour or even as a disease" (ibid.).

3. Anti-Discrimination Training

The CPD has reportedly carried out information sessions on increasing awareness of the anti-discrimination law and access to the CPD in conjunction with NGOs and local authorities (Albania 28 Jan. 2014, 7). The Commissioner noted that information sessions "were held with representatives of local government units, Regional Directorate of Education, Regional Directorate of Employment and representatives of school teaching staff" and that "Open Days" were held with communities, in which the CPD met with civil society members and took complaints directly from citizens (ibid.). These 1-2 day sessions were reportedly held in Lezha, Shkodra, Kukes and Korca between October 2013 and January 2014 (ibid., 7-8).

In terms of specifically promoting protection against discrimination based on sexual orientation, the Commissioner provided several examples of CPD outreach activities to support anti-discrimination in the field of promoting LGBT rights including the following:

10-11 September 2012: Provided training on the anti-discrimination law to 30 participants in "Summer School PINK," which was arranged by the NGO PINK Embassy/LGBT Pro Albania (Albania 28 Jan. 2014, 9);

17 May 2012: Participated in the "Diversity Festival" in the framework of the International Day Against Homophobia (IDAHO). Distributed the pamphlet "How the Law 'For the Protection from Discrimination' Protects the LGBT Community," which was drafted as a joint project with PINK Embassy (ibid.);

4 March 2013: participated in a meeting with the mayor of Elbasan and PINK Embassy/LGBT Pro Albania regarding the creation of a network "'Friends of LGBT'" (ibid.);

17 May 2013: Consulted, contributed, and participated in the "Diversity Fair" held by Alliance Against Discrimination and PINK Embassy/LGBT Pro Albania in the framework of IDAHO (ibid.).

The Commissioner said that she or staff members of the CPD participated in approximately 12 activities in 2013 that related to protection from discrimination based on sexual orientation, such as conferences, workshops and seminars (ibid.).

ILGA Europe reports that Alliance Against Discrimination (Aleanca) organized training given to 15 sector heads of the State Police on LGBT issues, including discrimination and violence against LGBT people (2013, 44). ILGA also reports that the Organization for Security and Cooperation in Europe (OSCE) organized a training session on diversity with the heads of police units, and LGBT rights groups spoke about LGBT issues and organizing a "Pride" (ILGA 2013, 44). In correspondence with the Research Directorate, an official with the International Cooperation and Coordination Directorate of the Albanian State Police reported that 204 police officers received anti-discrimination training in 2012 and 2013: 182 police officers were trained in 8 sessions conducted by the OSCE in diversity, equality and inclusion; 14 officers received training in LGBT issues by Aleanca in December 2012; and 8 officers received anti-discrimination training by "Pameca IV (LGBT-PINK)" in November 2013 (Albania 5 Feb. 2014).

According to the Executive Director of Pro LGBT, their organization trained 10 police officers at one of Tirana's police stations in December 2013, and have plans to train an additional 50 police officers in the other 5 police stations in Tirana in January 2014 (24 Jan. 2014).

Information about the effectiveness of the training on the anti-discrimination law could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Albania. 5 February 2014. International Cooperation and Coordination Directorate, State Police. Correspondence sent to the Research Directorate.

_____. 29 January 2014a. Commissioner for Protection from Discrimination. Correspondence sent to the Research Directorate.

_____. 29 January 2014b. Commissioner for Protection from Discrimination. Correspondence sent to the Research Directorate.

_____. 28 January 2014. Commissioner for Protection from Discrimination. Correspondence sent to the Research Directorate.

_____. 12 September 2012. Commissioner for Protection from Discrimination. Information Submitted by the Commissioner for the Protection from Discrimination in Relation to the Implementation of the International Covenant on Civil and Political Rights. [Accessed 23 Jan. 2014]

European Union. 16 October 2013. European Commission. Albania 2013 Progress Report. Communication from the Commission to the European Parliament and the Council. Enlargement Strategy and Main Challenges 2013-2014. [Accessed 20 Jan. 2014]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) Europe. 2013. "Albania." ILGA-Europe Annual Review 2013. [Accessed 20 Jan. 2014]

PINK Embassy/LGBT Pro Albania, Alliance Against Discrimination of LGBT Albania, and ILGA-Europe. 3 September 2013. "The Universal Periodic Review. The Situation of Lesbian, Gay, Bisexual and Trans (LGBT) People in Albania." (Sent in correspondence from a representative of PINK Embassy to the Research Directorate)

Pro LGBT. 24 January 2014. Correspondence from the Executive Director to the Research Directorate.

Pro LGBT and Alliance Against Discrimination. 12 December 2014. "Albanian LGBT Organizations Dissatisfied with the Anti-Discrimination Commissioner." [Accessed 31 Jan. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact representatives of the following organizations were unsuccessful within the time constraints of this Response: Alliance Against Discrimination (Aleanca); ILGA Europe.

Internet sites, including: Albania - People's Advocate; Alliance Against Discrimination LGBT; Amnesty International; Balkan Insight; ecoi.net; Factiva; Human Rights Watch; Organization for Security and Co-operation in Europe; PINK Embassy; Pink News; Radio Free Europe/Radio Liberty; Transitions Online; United Nations - Refworld.