A/HRC/37/49/Add.1
culture by the State. The Special Rapporteur notes, however, that the Government has taken
some steps to limit the scope of restrictions on public manifestations of religion in Albania,
including in relation to the exercise of rites and rituals relating to sacred events. Examples
of Government action include recent efforts to provide greater autonomy to religious
groups with regard to burial and funeral rites in cemeteries and exemptions granted to
groups to hold religious ceremonies in public spaces, including monuments of culture that
are important or sacred to them, despite a general prohibition on such practices.
IV. Challenges and areas of concern
36.
The Special Rapporteur considers that the observations made and the information
gathered during his visit corroborate many of the Government’s claims about the many
positive achievements in Albania with regard to the right to freedom of religion and
interfaith harmony. However, no State or Government is without challenge when it comes
to realizing this right, a fact that was readily admitted by the Government of Albania. A
number of the challenges observed during the visit are identified below without prejudice.
The Special Rapporteur is mindful that the issues enumerated below may not represent an
exhaustive list of challenges and potential concerns, but they do illustrate some of the most
notable concerns that should be addressed. Those challenges were discussed with the
Government at the end of his visit.
A.
Restitution of religious property
37.
One of the most difficult challenges facing the Government relates to the restitution
of property seized from Albanians, including religious communities, during the Communist
era (1945–1990). All the traditional religious communities — Muslim, Roman Catholic,
Orthodox Christian and Bektashi — expressed concern and frustration over what they
perceived to be ongoing delays regarding the State’s full or satisfactory restitution or
compensation for their communities’ lost property.
38.
That property, also referred to as objects of cult by the State, include buildings and
structures that were once used as places of worship (i.e. churches, cathedrals, mosques or
shrines (teqes)), but are now owned and/or regulated by the State — often for the
enjoyment of all Albanians — and have been declared as monuments of culture by the
Ministry of Culture. Such property also includes buildings and structures that were once
places of worship, but which have since been demolished or repurposed for public use.
39.
Government officials reported that some 16,000 individual property requests or
claims (corresponding to 9,000 active case files) have been filed with the Government, and
that approximately 700 of those claims (or 400 files) concerned religious property. A small
number have either been returned or compensation has been made to their rightful owners.
The majority of applications for restitution, however, reportedly remains unaddressed
and/or under review. Nearly all the communities affected by seizures conveyed their regret
that, while some of the seized property could never be returned (for example, due to
demolition or destruction), they were nonetheless seeking some form of compensation for
their loss. Some believed that the delays were not a result of logistical or even bureaucratic
complexities, but a lack of sufficient political will on the part of the State.
40.
A majority of representatives of the Government agencies with which the Special
Rapporteur engaged on this issue acknowledged that the restitution process has been a
complicated and difficult one. They, however, asserted that new and aggressive steps had
recently been initiated to better provide for an equitable and transparent process in an effort
to more effectively facilitate restitution or compensation for all valid claims. In that regard,
the Property Management Agency informed the Special Rapporteur that, pursuant to the
new Law on the Treatment of Property and Finalization of the Process of Compensation of
Property, passed in 2016 to establish a more streamlined and effective regulatory
framework, all outstanding restitution claims must be adjudicated within three years of the
passage of the legislation. The law also requires that judgments on individual claims be
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