Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents

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  Inappropriate infrastructure and premises of the School to ensure performance of the training, academic and administrative activity of the school;
  

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  Inadequate organisational structure concerning the number of support administrative staff, necessary to ensure initial and continuous training of judges and prosecutors and also publications, while some 600 judges and prosecutors are subject to continuous training by the school for at least 12 days per year;
  
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  Financial insufficiency of the school, which main support is the state budget and auxiliary support comes from various international partners who may be interested in the performance of its activities, according to the law in force, in the field of training and publication;
  
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  Insufficient number of internal lecturers, in some aspects, as for instance the follow-up of candidates during the third professional year;
  
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  Review of the salary level of the administrative staff by raising them at the level of the school as an independent institution, similar as other institutions of the justice system.
  

Development of a national strategic document for the fight against discrimination will better coordinate all applicable measures and actions of the responsible authorities in their fields of competence. However, despite the importance it presents, the country does not have such document. The recommendation to develop a national strategic document on the fight against discrimination is addressed by the CPD continuously in its Annual Reportssince2012.

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  Examining cases by the CPD
  
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  Assistance to the victims in courts
  

In the period from 2 September 2014 - 14 April 2015, the CPD has handled a total of 174 cases (167 complaints and 7 ex-officio cases). From 167 complaints handled, 164 complaints were submitted from individuals and 3 complaints from organizations with a legitimate interest. We estimate that individual complaints are expression of community increased awareness on the Law "On Protection from Discrimination" and the remedies provided by it.

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  A “Summary of CPD decisions and Opinions of the Board of Experts” was published in English and Albanian in 800 copies.
  
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  Leaflet "Information sheet for public officials on LGBT issues"¹⁰ published in cooperation with the state institutions and Pink Embassy and distributed in various activities.
  
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  The CPD has developed a Draft "Commentary on the Law "On protection from discrimination” in December 2014.
  
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  An Informative Brochure “On provision of goods and services” was drafted by the CPD.
  
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  An Informative Brochure “On employment in the public and private sector” was drafted by the CPD.
  

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  20.11.2014, the CPD held the Seminar “Legal aspects of implementing the Law on Protection from Discrimination” aiming at identifying the problematic of implementation of the law on protection from discrimination.
  
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  Within the series of trainings on the Law "On Protection from Discrimination", organized in cooperation with the Albanian Human Rights Group and the School of Magistrates, supported by the Dutch Embassy in Tirana, during October2014,was organized a training with the of First Instance Court in the District of Shkodra.
  
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  During December 2014, the CPD held an informative meeting with the teaching staff and pupils of the 9-year school “Edith Durham”.
  
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  During 2015, The CPD has undertaken an awareness campaign in the education system, concretely in the 9-year schools and secondary schools in the district of Tirana. Until March, the CPD has achieved 8 (eight) informative meetings with pupils and teaching staff of all selected schools.
  

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  Draft Code of Administrative Procedure. Recommendations aim at sanctioning the distribution of the burden of proof in cases of discrimination.
  
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  Labour Code. Recommendations are sent repeatedly during this period, since some of them were included in the revised draft. Recommendations aimed mainly at clarifying the procedures concerning indemnification for discrimination that victims of discrimination should benefit.
  
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  Lawno.10129on11.05.2009"On the civil status". Recommendation is addressed to the Ministry of Internal Affairs and aims the revision of articles 16 and 17 of the law (these provisions regulate the determination change of residence), to eliminate discriminatory provisions that bring discriminatory consequences due to gender. This recommendation came as a result of cooperation between the CPD and the Centre for legal Civic Initiatives.
  

The CPD sent to the Ministry of Justice, during the first half of 2014, a recommendation for changes to the Code of Civil Procedures regarding the distribution of the burden of proof in cases of discrimination and some recommendations to the Penal Code, which aimed at the protection of LGBT persons. Still there is no legal initiative to reflect these recommendations on the relevant legal acts.

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  Have there been any legislative changes in the reporting period which have an impact on freedom of expression, either positively or negatively? Notably:
  

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  Defamation is libel a criminal offence with a potential penal sentence. At what level are fines/damages for defamation?
  

Law 97/2013 "On audiovisual media in the Republic of Albania" is not contained in any article of his concept the defamation (libel is a criminal offence provided in article 120 of the penal code). Article 4, paragraph 1, letter d, Article 33, paragraph 1, letter a, b, determines that the audiovisual activity is guided by the principle that provide objective information, impartial public, showing accurately the facts and events, as well as respecting the free formation of opinion.Regarding penalties, on respecting the right of reply, they are defined in Article 133, paragraph 6.

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  Blasphemy laws: Is blasphemy criminalised and are there penal sentences.
  

In the current legislation for the audiovisual media is not provided in any section, the blasphemy as concept.

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  "Hate speech": ECHR case law makes a distinction between, on the one hand, genuine and serious incitement to extremism and, on the other hand, the right of individuals (including journalists and politicians) to express their views freely and to "offend, shock or disturb". Does national legislation follow this?
  

Yes. Law 97/2013 "On audiovisual media in the Republic of Albania", is based on fundamental principles that developed the activity of audio-visual broadcasting. In Article 4, paragraph 1, letter b, Article 32, paragraph 4, Article 33, paragraph ç and d, are clearly defined the obligations.

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  Public morals, national security or protection of "national values": Is legislation covering these issues and their application in conformity with obligations under international human rights law.
  

In Article 4, paragraph c, of Law 97/2013 "On audiovisual media in the Republic of Albania" determined that the activity of audio-visual broadcasting does not allow the breach of the constitutional order, sovereignty and national integrity; Article 33, paragraph d of Law 97/2013 "On audiovisual media in the Republic of Albania" is determined the respect of the rules of ethics and morals. Also in the transmission code of Audiovisual Media Authority are defined basic principles that underlie the development of audiovisual activity.

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  Internet, Does the country have specific legislation or undertake specific actions with regard to freedom of expression on the internet?
  

Article 55 paragraph 4, letter c (types of licenses and authorizations). Also, a bylaw is being drafted, which would include regulation of broadcasting based on online service – for internet services.

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  Is there an independent media regulator, what is the composition of the body? Does this create any systemic bias?
  

Audiovisual Media Authority is the regulatory authority in the field of audio and/or visual broadcasting programmes and other support services in the territory of the Republic of Albania. AMA is a juridical person, independent, with head office in Tirana, and operates pursuant to and for the implementation of the provisions of this law and of the legislation in force on the Republic of Albania. AMA is composed of the Chairman, the Deputy Chairman and five members. The Chair and Deputy Chair of the AMA are appointed full-time. The administration is part of the AMA and it realizes all the necessary preparatory and administrative activity. The criteria of recruitment and promotion are made by the AMA, as per the definitions of Law no 152/2013, “On the Status of Civil Servants”, as amended.

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  Is the mechanism for nomination and appointing members, transparent and free of political influence?
  

The AMA members are appointed by the Assembly for a five years term, with the right of renewal only once. The Committee of Education and Public Information Means, within 30 days since the creation of a vacant position, invites through public information means, the following subjects to bring the candidacies:

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   electronic media associations or groups;
   
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   press media associations;
   
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   electric and electronic engineering professors and associations;
   
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   professors of law, of journalism-communication and economy, lawyer associations or the National Bar Chamber;
   
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   non-profitable organizations working in the field of human rights, child rights or researches in public policies, or representatives of associations that operates in the field of disabled persons’ protection.
   

The above subjects propose the candidacies within 30 days from the receipt of invitation.

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  it considers all the candidacies presented from proposing subjects.
  
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  the administered candidacies, compliant to the above-citied proposals, undergo a selection procedure one by one. The selection procedure is applied according to an order - once from the Assembly majority representatives and ones from the opposition members.
  

In each case, the Committee is attentive in keeping the balance, three candidates supported by the Assembly majority, three supported from the opposition. The candidates for AMA members are proposed to the plenary session for approval. The selection of each candidacy must be argued by guaranteeing the respecting of the principle of non-violation of the personal and professional integrity of candidates. After the end of mandate, the AMA member remains in his charge until the election of the new member.

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  Does the body have financial independence?
  

The financing resources for AMA are:

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   income from payments for the grant and renewal of licenses and / or authorizations;
   
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   income from annual payments of licenses and / or authorizations;
   
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   income from administrative processing of requests for applications;
   
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   income from fees for broadcasting services determined in tax laws, tax agent's role;
   
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   financing from the state budget;
   
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   other legitimate sources.
   

AMA receives financing from the state budget when estimates that some costs are necessary for performing its functions, of a special nature and for which there is no other financing possibility.

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  Does the body have sufficient staff and other resources to carry out its mandate? Are rulings of the body advisory or do they have mandatory effect?
  

The administration of AMA is composed by five directories: Technical Directory, Legal and Licensing Directory, Programs Directory, Economic Directory and Human Resources and Support Services, Directory. As mentioned above, the Administration is part of the AMA and it realizes all the necessary preparatory and administrative activity. The AMA Secretary General is the highest ranking servant in the administration of the AMA and is responsible for running the administration and has managerial responsibility of the authorized employee, according to the provisions of the article 9 of the law no.10206 dated on 08.07.2010 “On financial management and audit”. The rulings of the Authority have mandatory effect.

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  Have there been any changes with regard to media pluralism? Is there transparency of media ownership?
  

There are not amendments to the current legislation. The Albanian legislation is guided by the principle of freedom and media pluralism as a constitutional right but also as part of audiovisual media legislation. In the current legislation has a detailed definition in Article 62 of Law 97/2013 "On audiovisual media in the Republic of Albania", regarding ownership audio and audiovisual broadcasting.

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  Do the state authorities implement competition/state aid rules in an impartial manner?
  

Media market is free by respecting the obligations set out in law.

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  Does the media market function in a fair and independent manner. How is government advertising placed on the market?
  

The information provided on public institutions services is provided on Article 40 of Law 97/2013 "On audiovisual media in the Republic of Albania"

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  Second Meeting of Gender Equality Council organized at 24 December 2014 in the opening of the national campaign for the 16 days of activisms against women violence.
  
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  Increasing of collaboration and capacities of gender employees in central level (there are 19 gender employees in total: 16 in line ministries, 1 at Prime Minister office, 1 at General Directorate Police, 1 at Department of Public Administration. These employees are trained during this period of time on gender equality and gender budgeting issues.
  
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  Intensifying efforts and concrete support for the application of gender budgeting in the Medium Term Budget Planning; (In total there have been trained 25 specialists from Department of Budget Planning and gender employees in line ministries It has been worked with the budget programs of 8 Ministries. There are currently reviewed 7 programs).
  
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  Review of legislation from a gender perspective (additional question and part of report).During the second half of 2014, a group of experts reviewed the legislation from the perspective of gender equality. The ratification of the Istanbul Convention and its entry into force on 1 August 2014, as well as the recommendations provided by the CEDAW Committee, was the basis for carrying out an analysis of the Albanian legislation, supported by UNDP. In late December analysis entitled "Some suggestions regarding the updating of legislation with the standards of the Istanbul Convention and CEDAW" was introduced at a technical round-table discussion with women members of the Alliance of Women Member of Parliament (MB).
  

Pursuant to the Law on Gender Equality in Society and the Law on Measures against Domestic Violence, the responsible body in charge of these matters is the Minister of MSWY. State structure is the Directory of Social Inclusion and Gender Equality under the General Department of Social Policies in MSWY.

The establishment and strengthening of this network enhances gender mainstreaming at all levels of governance. MSWY coordinates the gender equality specialists’ network nominated within 16 ministries, with whom the Department of Social Inclusion and Gender Equality in MSWY keeps regular contact to exchange information, reporting, monitoring, and training activities for capacity building. Such employees are also nominated at the Prime Minister Office and at the Department of Public Administration.

Albanian legislation: Law N.9970, dated 24.07.2008 “On Gender Equality in society” and Article No. 67 of Electoral Code provides 30% quota for the under representative gender.

With recent changes to the Electoral Code, proposed by the Alliance of Women Caucus provides: "For elections to local government bodies, for each municipality council, one in every two consecutive names in the ranking must belong to the same gender"
Statistical data:
Parliament: Representation of women in the 2013- 2017 legislature: accounted 25 women (18%) which number in 20414 increased to 29 women (21%) because of the vacancy (article 64/6 of the Electoral Code).

In the 2013-2017 legislature resulted 25 women MP (18%). In 2014 this number grew to 29 women MPs (21%), due to the application of the vacancy rule (Article 64/6 of the Electoral Code).

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  Increasing of collaboration and joint efforts with local government for function of the National Online system for registration of domestic violence cases. (MSWY & UNDP established in July 2014 the online system for cases of domestic violence. In this regard there were trained 51 local coordinators in charge of registration of domestic violence cases. The local coordinators working constantly on updating the database.
  

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  National Centre for Treatment of Victims of Domestic Violence. During 2014, 84 persons received psycho-social assistance and legal aid of whom 29 women and 55 children.
  
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  Legal changes in the relevant DCMs “on the criteria and documentation of domestic violence victims for the admission of persons in the National Centre for Victims Treatment of Domestic Violence, through which removed the restrictive criteria regarding the availability or not of the Protect Order.
  
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  Establishing a national free telephone line providing counselling for victims of domestic violence. Currently the phone number is provided by the Electronic and Postal Communication Authority and further procedures have been followed to establish and operate this line.
  
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  National Referral Mechanism for domestic violence cases which so far results in 29 municipalities of the country. During 2014, the work consisted in promotion and functioning of the National Referral Mechanism for domestic violence cases, aiming at improving the system of monitoring and accountability of structures associated with the implementation of legislation against domestic violence.
  

4-5 December 2014, the Regional Conference "Istanbul Convention prospect of providing adequate support services and accessible in response to violence against women" organized by the MSWY in cooperation with the Council of Europe and UN WOMEN.

A national study "to assess the existence and effectiveness of services for women victims of violence, to coincide with the standards of the Istanbul Convention", which was conducted with the support of the Council of Europe and UN WOMEN.
Results of this study were discussed at a round table with stakeholders in the field.
Awareness campaign to reduce gender-based violence and domestic violence

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  Campaign related to the 16 days of activism to violence against women 25 November- 10 December 2014 under the slogan "Boys and Men part of the solution - Show that you are against violence! The campaign was launched on 24 December at the Social Sciences Faculty, supported from the UN organizations (UNDP &UNWOMEN)
  
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  He For She Campaign, which MSWY has undertaken in collaboration with UN Women Albania during July and onwards.
  
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  In the framework of activities for International Women’s Day on 11 March 2015, the Ministry of Social Welfare and Youth organized the discussion "Increasing the leading role of women in political and public life, media and business – Empowerment of all society ". Special guest was Mrs. Cherie Blair.
  
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  The concert "Sounds Against Violence" was organized on 3 March 2014, bringing together some of the most prominent singers of classical and modern music, to raise the voice for an equal society without violence and discrimination. Artists and the public signed a declaration with the pledge to give their contribution for a society without violence.
  

From the State Police forward periodically precise data for the cases of denunciations of domestic violence and preparations of Protect Orders. (every three months)

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  Regarding the implementation of the Action Plan "On protection from discrimination due to the sexual orientation and gender identity, 2012-2014", MSWY during March 2014, draft the proposals "On some amendments to the Law no. 9062, dated 05.08.2003 "Family Code”, as amended. Such amendments are related to the Articles 163 and 164 associated with the institute of cohabitation. The amendments were submitted to the Ministry of Justice in April, for further legal procedures.
  
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  SHELTER LGBTI was set-up, it is the first residential centre in Albania that helps the LGBTI community in emergencies in terms of housing.
  
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  PINK Embassy/ LGBT Pro Albania in cooperation with the Ministry of Social Welfare and Youth, held on 14 April 2015 training "LGBTI rights and providing friendly service". This training organized with representatives of state institutions that offer services in the framework of initiatives "Improving the performance of public administration officials working with LGBT rights”.
  
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  Action Plan for LGBT persons will be included in the Policy Document for Social Inclusion 2015-2020 with support of Council of Europe.