Civil Society–Government dialogue on Human rights

− Invite CSOs to become implementing parties of the new Open Government Partnership action plan as a  means of intensifying cooperation and merging expertise, with the final aim of opening up decision-making processes in the country.

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− Facilitate the flow of information and increase the scope of debate on European integration. Host informational events with students, various interest groups, politicians, and civil society actors to provide information to the public on the EU and Albania’s integration process.

To civil society

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− Create sustainable and transparent structures of cooperation between CSOs and the government. A joint CSO–Government Council would be the best option to institutionalise this cooperation, taking into account other examples from the region.

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− Build capacities simultaneously in public administration and the CSO sector. Technical assistance provided through EU funds to institutions should also address CSOs’ capacities in that sector.

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− Fund monitoring initiatives that cover wide areas of the EU integration process through the Agency for the Support of Civil Society.

2. Civil Society–Government dialogue on Human rights

Human rights defenders in Albania consist of a  limited number of effective CSOs committed to the protection and promotion of human rights and fundamental freedoms. These CSOs operate in a non-restrictive environment, although undue pressure is occasionally exercised. The government has progressively consulted CSOs on draft laws and policies with a  human rights dimension. However, there are no formal mechanisms in place for such consultations, and civil society participation in policymaking remains weak. Nevertheless, some human rights defenders are very visible and involved in active dialogue with the government authorities, and the

10 For more information, see: “Advocacy for Open Government: Civil society agenda-setting and monitoring of country action plans,” www.idmalbania.org.

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international community is present in the country, especially through the Albanian Helsinki Committee (AHC), Albanian Group for Human Rights (AGHR), and Albanian Center for Human Rights (ACHR). These CSOs are often involved in the preparation and application of the local strategy for the implementation of the EU Guidelines on Human Rights Defenders. Together with these civil society organisations, the People’s Advocate (ombudsman) is a key defender of human rights in Albania. As the independent national institution for the defence of fundamental rights and freedoms, as anticipated in the constitution, the ombudsman plays an active role in monitoring human rights and making recommendations to redress human rights breaches. This core function of the ombudsman is also supplemented by the establishment of the Commissioner for Protection from Discrimination, following the adoption of the Law on Protection from Discrimination.

According to the EC’s 2013 progress report on Albania, regarding promotion and enforcement of human rights, the new ombudsman has taken on a proactive role since his appointment. However, the Office of the Ombudsman still has difficulties in securing sufficient funding to fulfil its legal obligations, notably for monitoring visits. As regards civil and political rights, there has been progress in the prevention of torture and ill-treatment in Albania during 2013. The General Directorate of the State Police set up a working group to address the ombudsman’s recommendations and started cooperating with two NGOs for the provision of training and monitoring of police premises. There has been an increase in follow-up of the ombudsman’s recommendations; yet, a number of recommendations remain unimplemented or partially implemented. Albania has further enhanced its legal and institutional framework for the protection of fundamental rights. However, there are still some legal gaps and the implementation of legislative and policy tools in the field of fundamental rights continues to be slow and largely reliant on civil society and donor funding.

Still, the country lacks synergy between CSOs and the two national bodies that monitor the implementation of human rights. The EU has always encouraged the Albanian authorities to further involve CSOs, including human rights defenders, in policymaking processes and subsequent implementation through monitoring activities.

27 Albania recommendations

To the government

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− Continue improving the existing cooperation on human rights issues with CSOs by increasing the areas of collaboration and number of CSOs involved.

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− Create a joint monitoring mechanism (government and civil society) on human rights to increase the credibility of the monitoring reports and identify other “hot” issues to address.

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− Collaborate with the CSOs and use their expertise and observations when working on the social mechanisms and solutions regarding people with disabilities, sexual minorities, and unregistered Roma.

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− Monitor the actual implementation of inputs from CSOs so that there is insight into the practical cooperation between government and CSOs and which would offer a picture of how CSOs’ inputs are accepted in reality.

To civil society

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− Advocate for the creation of formal mechanisms that would ensure regular consultation with CSOs on drafting laws and policies.

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− Seek feedback for unaccepted recommendations in order to make them more suitable in the future.

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− Set up a functional network of CSOs dealing with human rights in Albania and possibly in the region. This network would serve as an advocacy network that puts pressure on state authorities as well as facilitates the exchange of experience and solutions to certain issues concerning the legislation, its implementation and best practices in human rights. It would also allow CSOs to access more information on what is happening in other countries of the region.

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