MAPPING OF THE POPULATION AT RISK OF STATELESSNESS IN ALBANIA
of which it acceded to in 2003.22
Since 2002, Albania is also party to the 1997 European Convention on Nationality (ECN).23 However, it
has not acceded to the 2006 Convention of the Council of Europe on the Avoidance of Statelessness in
Relation to State Succession.
Albania also has a strong record of accession to the core international human rights treaties, which are
relevant to the prevention of statelessness and the protection of stateless persons. These include the
Convention on the Rights of the Child (CRC), accessed in 199124, (CRC), the International Covenant on
Civil and Political Rights (ICCPR), also accessed in 199125, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)26 and the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW)27, both accessed in 1993, and the UN Convention on the
Rights of Persons with Disabilities (CRPD), accessed in 201228. Lastly, since 1996, Albania has been
party to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms
(ECHR).29
The obligations of Albania under these treaties include minority rights, statelessness prevention and
reduction, notably through documentation and birth registration of all. For example, Article 7 of the Convention on the Rights of the Child obligates states to register every child immediately after birth and to
ensure that no child is left stateless. Similarly, Article 5(d)(iii) of the Convention on the Elimination of All
Forms of Racial Discrimination prohibits racial and ethnic discrimination in relation to the right to nationality. Consequently, these treaty bodies are relevant mechanisms in ensuring that Albania upholds its
obligations under international law.
4.1.2. Albania’s hierarchy of norms
The Albanian Constitution provides for the hierarchy, status and effect of legal norms. In particular, Article 4/2 declares that “the Constitution is the highest law in the Republic of Albania.”
Article 116 of the Constitution reflects the hierarchy of legal norms by providing that “normative acts that
are effective in the entire territory of the Republic of Albania are: a. the Constitution; b. ratified international agreements; c. laws; d. normative acts of the Council of Ministers.”
22 Law no. 9057, date 24.4.2003, “On the adherence of the Republic of Albania to the Convention Relating to the Status of Stateless Persons”.
Law no. 9059, date 8.5.2003, “On the adherence of the Republic of Albania to the Convention on the Reduction of Statelessness”.
23 Law no. 8942, date 19.9.2002, “On the ratification of the European Convention on Nationality”.
24 Law no. 7531, date 11.12.1991, “On the ratification of the Convention on the Rights of Child”.
25 Law no. 7510, date 13.8.1991, “On the adherence of the Republic of Albania to the International Covenant on Civil and Political Rights”.
26 Law no. 7768, date 9.11.1993, “On the adherence of the Republic of Albania to the International Convention on the Elimination of all Forms of
Racial Discrimination”.
27 Law no. 7767, date 9.11.1993, “On the adherence of the Republic of Albania to the Convention on the Elimination of all Forms of Discrimination
Against Women”.
28 Law no. 108/2012, date 15.11.2012, “On the ratification of the UN’s Convention on the Rights of Persons with Disabilities”.
29 Law no. 8137, date 31.7.1996, “On the Ratification of the European Convention on Human Rights”.
32
UNHCR - TLAS / May 2018
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