Conclusion
41. While the legal framework in Albania is largely non-discriminatory, pervasive negative
stereotypes of Roma continue to undermine social and official attitudes towards Roma.
Consequently, there is a pattern of institutional racism against Roma, which is reflected
both in the way the inclusion of Roma is perceived and pursued by state authorities and
by the lack of urgency to address some of the most critical challenges that are
disproportionately faced by this community. Furthermore, the legal framework itself is
not equipped to address multiple discrimination, a key shortcoming given the various
grounds on which Roma are likely to experience harassment, prejudice and disadvantage.
42. Another challenge relates to the gap between Albania’s legal framework (including its
international obligations which have the force of law) and the bureaucracy that is
mandated to implement the law and guarantee rights. Albania’s international and
national law obligations related to non-discrimination, birth registration, the right to
nationality, the prevention of statelessness and the identification and protection of
stateless persons are all undermined by an inadequate policy framework and a
burdensome bureaucracy. Indeed, it is fair to say that statelessness is not recognised as a
significant issue by authorities and stakeholders in Albania. It is significant that there is no
one state entity with the mandate to address statelessness. Although the Directorate for
Nationality and Directorate of Civil Status are the relevant authorities dealing with
granting of nationality, little attention is given to the prevention and reduction of
statelessness and the protection of the rights of stateless Roma persons.
Recommendations
43. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Albania:
I.
Ensure that all international and regional obligations related to the right to
nationality, prevention and reduction of statelessness, protection of stateless
persons, non- discrimination, and birth registration are fully incorporated into
domestic law and implemented in practice. In particular, Albania should
introduce a procedure in law to identify and protect stateless persons in line with
the 1954 Convention and UNHCR’s Handbook on Protection of Stateless Persons.
II.
Take steps to guarantee access (in law and practice) to fundamental rights for all
Romani people on their territory, irrespective of documentation or citizenship
status, including to education, healthcare (including reproductive rights and
maternity care for women), shelter, work, freedom of movement, liberty and
security of the person, equal participation in social and political life, and freedom
from violations of rights such as child and early marriage.
III.
Take steps to reform law and practice that impedes the enjoyment of Albanian
nationality by those entitled to it. In particular, Albania must safeguard every
child’s right to a nationality, irrespective of the status, documentation, or actions
10