A/HRC/37/49/Add.1
potential challenge that this policy would pose in terms of protecting the right to freedom of
religion or belief of those who failed or refused to comply with such confessional
regulation.
50.
The Special Rapporteur notes that the Government’s concerns are shaped by everchanging domestic, regional and international trends, patterns and 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 religious landscape. While fully acknowledging the
State’s responsibility for ensuring public safety, its interest in preserving the country’s
unique religious landscape and the peaceful cohabitation of its diverse religious
communities, the Special Rapporteur is concerned that reliance on religious communities to
ensure the legitimacy of faith groups, including those outside their influence, can
potentially lead to unlawful restrictions on the right to freedom of religion or belief.
51.
Government officials told the Special Rapporteur that such reliance was, in fact, an
example of the State’s unwillingness to interfere in the internal affairs of religious
organizations, including the Muslim community, but to allow them to self-regulate.
However, there are legitimate questions regarding whether that type of outsourcing
effectively commissions one faith community to regulate the beliefs and activities of
another, thereby establishing a monopoly or hegemony of traditional faith groups in the
country that excludes, or at the very least, discriminates against minority groups or beliefs.
That type of interdependency may ultimately lead to the erosion of the secular wall between
religious groups and the State. Moreover, it may undermine the universality of the right to
freedom of religion or belief, including the right to freedom from religion, as a human right
that belongs to the individual, to be enjoyed alone or in community with others.
52.
There is no indication, at this time, that the Government’s more stringent approach
to new faith groups violates its international obligations to protect the right to freedom of
religion or belief. The Special Rapporteur notes that his concerns should not discourage the
Government from pursuing its work to engage with faith communities for the purposes of
resolving issues of critical concern, including preserving public order and public safety.
The challenge is to ensure that these legitimate interests are secured in a manner that is
consistent with State obligations to protect the right to freedom of religion or belief. The
Special Rapporteur is committed to working with the Government of Albania in the coming
months in pursuit of this objective.
C.
Preventing violent extremism
53.
The phenomenon of foreign fighters going to Syria and Iraq has given increased
urgency to the international community’s concerns about the role of the western Balkans as
a transit and logistics hub for European jihadists travelling to and from the Syrian conflict
zone. Islamist radicalization in some western Balkan states is also of rising concern to
governments in the countries of the region and beyond. That has created a rise in the
number of programmes and partnerships for preventing violent extremism or countering
violent extremism between the wider international community and Balkan governments,
including Albania, which views cooperation and accommodation to be in its security and
political interests given its accession talks with the European Union.
54.
During his visit, the Special Rapporteur addressed some of the challenges posed by
violent extremism in Albania with Government officials and other stakeholders. More
specifically, he met with national counterterrorism and other security officials to discuss the
phenomenon of Albanian foreign fighters going to Syria and Iraq. They discussed the trial
of several imams and other members of the Muslim community in Albania who were
charged, convicted and sentenced to prison for their role in recruiting foreign fighters to go
to Syria and Iraq. The Special Rapporteur met with officials of the Ministry of Justice and
several security officials who shared information with him regarding the charges that the
eight individuals — two imams and six other people — were convicted of and sentenced.
While there seems to be general acceptance that the recent trial and the ordeal surrounding
it was a successful effort by the Government to deter such forms of extremism and address
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