A/HRC/37/49/Add.1
and cemeteries are almost exclusively regulated by the secular State. The Constitution
prohibits religious discrimination and guarantees freedom of conscience, religion and free
expression. The Constitution states that individuals may not be compelled to participate or
be excluded from participating in a religious community or its practices, nor may they be
compelled to make their beliefs or faith public or be prohibited from doing so. The
Constitution prohibits political parties or other groups from inciting religious hatred.
29.
Article 131 of the Criminal Code makes any activity that unlawfully prohibits or
hinders the activities of religious groups punishable. The Law on Non-discrimination (Law
No. 10221/2010), which provides additional protections for the freedom of religion or
belief, is compatible with relevant European Union directives. The Law established the
Office of the Commissioner (Commission) for Protection from Discrimination, an
independent body tasked with receiving, processing and ruling on complaints based on
discrimination (including on the grounds of religion or belief). It also provides for the right
of every person to: (a) have equality before the law and equal protection by the law; (b)
equality of chances, opportunities to exercise and enjoy rights and freedoms and
participation in public life; (c) effective protection from discrimination and any form of
conduct that encourages discrimination.
30.
According to information received, the Commission has provided training to
teachers, the police and judges on the Anti-Discrimination Law and on specific issues such
as gender equality, the rights of persons with disabilities and hate crimes. The Commission
is also developing a methodology for monitoring the judicial system, with specific focus on
discrimination in the court process.
31.
According to information provided to the Special Rapporteur during a meeting with
the Commission, it has only examined three cases since it was established in 2010. In two
of those cases (related to women wearing the hijab), the Commission validated the
plaintiff’s allegation of discrimination on the basis of religion. While there is no law
prohibiting the wearing of religious symbols or any particular garment, the Special
Rapporteur received reports that some administrators, who supposedly have the right to set
standards for “appropriate clothing” in schools, have reportedly placed restrictions on
public displays of religious symbols.
32.
Although no specific law requires religious communities to register or to obtain a
licence for the collective practice of the religion, religious groups must register with local
courts as non-governmental organizations (NGOs), as stipulated by the Law on Non-profit
Organizations (Law No. 8788/2001), in order to obtain legal recognition as a religious
group or entity. Religious movements may acquire the official status of a juridical person
by registering with the Tirana District Court under the Non-profit Organization Law, which
recognizes the status of non-profit association, regardless of whether the organization has a
cultural, recreational, religious or humanitarian character.
33.
Registered groups are allowed to organize themselves as associations, centres or
foundations, administer their functions and property independently of the State under their
statutes or by-laws and have legal personalities which may hold bank accounts, own
property and receive partial tax-exempt status as religious organizations. During his visit,
the Special Rapporteur met with a few faith groups that were registered under the Nonprofit Organization Law and some others that were not registered, but were still able to
practice their faith with minimal restrictions. None of the religious groups, whether
registered or not, complained that the Government had rejected their applications for
greater legal recognition.
34.
Relations between the State and the religious communities are regulated by the State
Committee on Cults, which was established in 1999 and answers to the Council of
Ministers. The Committee is tasked with ensuring protection of the freedom of religion or
belief, promoting interfaith harmony and understanding, and monitoring the
implementation of the aforementioned agreements between the State and the religious
communities.
35.
A few of the interlocutors with whom the Special Rapporteur met expressed some
concerns about restrictions on the manifestations of religion or belief in the public space,
including in and around religious sites now controlled and operated as monuments of
8