A/HRC/37/49/Add.1
implemented within 10 years of their adjudication and establishes a compensation fund
worth 3.8 billion leks.
41.
Some officials indicated that, although the approval of by-laws of the Agency
(which was established by the 2016 law) was still under way, a process for examining
restitution claims had already been initiated in order to more effectively address requests
within the three-year deadline for resolving claims under the 2016 law. Since the
establishment of the Agency, the number of staff tasked with working on these claims
increased from 90 before the passage of the 2016 law to reportedly approximately 170. A
working group was also established by the Agency in August 2016 to deal specifically with
religious property. According to agency officials, the working group has already met with
representatives of the relevant religious communities and will continue to do so during the
process.
42.
It is important to note that in addition to the spiritual value that the religious
communities attach to the seized properties, the restitution or compensation they seek is
seen as critical to their ability to effectively meet the financial and spiritual needs of their
communities, including the need to provide salaries for their clergy. Almost all of the
representatives of the country’s traditional religious communities with whom the Special
Rapporteur met stressed the important link between resolution of their claims and the
preservation of independent, vibrant and tolerant religious communities that have existed in
Albania for centuries. Several representatives of the Muslim community specifically stated
that restitution of their property was also important to reduce its dependency on foreign
sources of funding that may promote values and ideologies that were alien to the traditional
Albanian religious communities, particularly the Muslim community.
43.
The scale, scope and complexity of the challenge faced by the Government in
addressing this issue cannot be underestimated. While some suggested that the Government
has lacked the political will to address the issue so far, they do not attribute the lack of
progress to discrimination on the grounds of religion or belief. At the same time, delays in
the restitution of property can cause unnecessary tension as objects deemed holy by certain
faith-based communities may currently be occupied, utilized or modified in ways that may
offend their former religious owners and worshipers. The Special Rapporteur notes that,
despite the Government’s pronouncements regarding the new advancements under the 2016
law, its constitutionality has been contested in the courts by political opponents and
landowners who claim it does not go far enough in protecting the rights of the dispossessed.
B.
Religious pluralism and community agreements
44.
As previously noted, the State has recognized and entered into agreements (via the
Council of Ministers) with five religious communities in Albania, pursuant to article 10 of
the Constitution. These communities are the four traditional religious communities —
Roman Catholic (2002), the Autocephalous Orthodox Church of Albania (2009), the
Muslim Community of Albania (2009) and the World Bektashi Main Community (2009) —
and more recently the Evangelical Brotherhood of Albania (VUSH), a Protestant group
(2011). The Special Rapporteur notes that the existing agreement between the Roman
Catholic community and the State is actually between Albania and the Holy See.
45.
The process for State recognition of religious communities or groups via agreements
entered into between the parties appears, on the face of it, to be at odds with the country’s
constitutional stipulations for a secular and neutral State. More specifically, article 10 of the
Constitution appears to create legal differentiation — or perhaps a hierarchy — between
religious organizations recognized under the country’s Non-profit Organization Law (No.
8788) and those recognized as religious communities and allowed to enter into agreements
with the State. This is certainly true for religious groups that are not registered as NGOs or
religious communities. It is uncertain whether this apparent hierarchy also produces
inequality that may lead to discriminations in the exercise of the right to freedom of religion
or belief. At any rate, no such cases were reported to the Special Rapporteur during his
visit.
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