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