A/HRC/37/49/Add.1
the way in which the 2011 census was carried out; they alleged that the official figures
provided by the State did not reflect the actual populations of their communities and that
such underreporting has had a negative effect on their ability to be recognized as national
minorities in certain areas of the country.
66.
With respect to intersectionality in relation to freedom of religion or belief and
minority identities, several members of the community from the former Yugoslav Republic
of Macedonia reported that, despite the size of its population and legal recognition as a
national minority in several districts in the country — including in and around the city of
Korce — it has not been able to convince government officials or the Orthodox Church of
Albania — the only officially recognized Orthodox church in Albania — to allow it to
establish its own church in the country. While they acknowledged that the Orthodox
Church of Albania has allowed clergy from different ethnolinguistic minorities, including
from the former Yugoslav Republic of Macedonia, to conduct services in their respective
language, their numbers are small compared to the overall number of inhabitants from the
former Yugoslav Republic of Macedonia in the country — especially during sacred
holidays. The interlocutors also noted that because the Orthodox Christians from the former
Yugoslav Republic of Macedonia use a different Christian calendar from the Orthodox
Church of Albania, they are sometimes prevented from carrying out important ceremonies
on the appropriate days. A member of the Greek community also expressed concern about
the alleged destruction of an Orthodox church in the area of Himara in southern Albania,
which he believed was reflective of the general discrimination faced by Greeks in the
country.
67.
The Special Rapporteur met with representatives of the Egyptian and Roma
communities who enabled him to have a better understanding of the ways in which
discrimination against members of their communities, which has been acknowledged by
both the Government and civil society actors, affects their ability to exercise their right to
freedom of religion or belief. It is important to note that most members of the Egyptian and
Roma communities often self-identify as belonging to different ethnolinguistic groups. The
Special Rapporteur was curious as to whether the general discrimination faced by these
groups was motivated — at least in part — by animus on account of religion or belief. His
initial impressions suggested that there was de minimis interference with their right to
freedom of religion or belief, but he noted that more research needed to be done in this area.
68.
The Special Rapporteur notes that Albania did not fully accept four
recommendations made during its second universal periodic review in April 2014. Three of
them — relating to the prohibition of discrimination based on nationality, discrimination
against the Roma and Egyptian communities and differentiated treatment between national
and ethnolinguistic minorities 5 — were partially accepted. The Government noted (i.e.
rejected) one recommendation relating to the adoption of a law on the protection of national
minorities, in particular ensuring the teaching of and instruction in their mother tongue. 6
F.
Women, gender and sexuality
69.
The Special Rapporteur discussed issues regarding the human rights of women and
lesbian, gay, bisexual, transgender and intersex persons in the context of freedom of
religion or belief with civil society groups and members of the United Nations country team
working on these and related issues, such as the United Nations Entity for Gender Equality
and the Empowerment of Women (UN-Women), the United Nations Population Fund
(UNFPA) and the World Health Organization (WHO). He noted that legal safeguards in
Albania to protect these groups from discrimination, including by individuals motivated on
account of religion or belief, seemed to comply with its international legal obligations.
70.
The dialogue between the delegation of Albania and the Committee on the
Elimination of Discrimination against Women held in July 2016 as part of the Committee’s
consideration of the State party’s fourth periodic report represented the first time that a
5
6
See A/HRC/27/4, paras. 106.6–106.7 and 106.21.
Ibid., para. 106.22.
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