A/HRC/37/49/Add.1 developments since the onset of reforms in 1990. These changes reflect new political, economic and cultural influences and dynamics, including the arrival of new faith adherents and groups that were not part of the country’s traditional social fabric and landscape. 23. This is all the more reason why the conditions in Albania which promote coexistence and mutual respect among various religious groups must be studied, understood and ardently protected by Government and civil society actors, alike, as well as by the international community. These actors should continue to work together to maintain the ingrained tradition of mutual tolerance, interfaith harmony and pluralism in the country which has proven to be remarkably resilient. III. Domestic legal framework 24. The cornerstone of the legal framework protecting and promoting freedom of religion or belief in Albania is the Constitution, which guarantees freedom of religion, equality and non-discrimination. According to article 10 of the 1998 Constitution, there is no official religion in Albania; the State is neutral on questions of religion, belief or conscience; and equal protection of the law is guaranteed for all religions. The article calls for religious communities and the State to “mutually respect the independence of one another and work together for the good of each of them and for all.” 25. Despite the State’s religious neutrality, article 10 also allows for religious organizations to gain the status of recognized religious community if they enter into an agreement with the Council of Ministers; such agreements must also be ratified by Parliament. The agreement defines the legal relations, including duties, obligations and benefits (including financial assistance), between the recognized religious community and the State. Article 10 does not, however, identify a process by which a religious organization can gain the status of “community”. To date, only five religious groups have entered into such agreements with the Council of Ministers. 26. A review of agreements signed between the Government and the five recognized religious communities reveals that each agreement is somewhat unique (though many provisions are similar in nature). While a number of the provisions define the rights and benefits that accrue to the community, others identify duties and obligations that the community must exercise vis-à-vis the State. The Catholic Church has had such an agreement with the Government since 2002. In 2009, the Government signed agreements with the Muslim, Orthodox Christian and Bektashi communities — the other three traditional faith communities in Albania. The Government has also signed a bilateral agreement with the Evangelical Brotherhood of Albania (VUSH), a Protestant umbrella organization. Among the advantages of entering into such agreement is official recognition of the community, prioritized property restitution and tax exemptions. Government financial support and State-subsidized clergy salaries were to be implemented based on a law on financing of religious communities that was passed in June 2009. However, in practice, there was little progress on the restitution of religious properties. 27. Four of the five communities that constitute the traditional religious communities in Albania receive financial assistance from the State. One Government representative explained that the assistance was provided to the communities because the State considered that it had an ethical responsibility towards them owing to the hardships they had endured under Communist policies. Another interlocutor opined that financial support underscored the State’s recognition of the historical contributions that those communities have made to nation-building. Others offered a practical reason for the State’s fiscal support of religious communities, noting that such assistance enabled the communities to rebuild their religious infrastructures and also afforded them a degree of independence from other funding sources. 28. Pursuant to article 24 of the Constitution, everyone in Albania is free to choose or change his or her religion or belief and to manifest their beliefs either individually or collectively in private or public life through worship, education, practices or rituals. Article 18 of the Constitution provides that no one may be arbitrarily discriminated against on account of their religion or belief. Family, personal status and other laws regarding burials 7

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