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Republic of AlbaniaCOMMITTEE OF NATIONWIDE RECONCILIATION
Address: Rr. "M. Muça", Pall. 46, Ap. 23, Tiranë, Albania Tel & Fax 00355 42 263 126. Tel 00355 42 259 124, Mobile: 00355 68 27 37 989 / 00355 69 32 38 786
E-mail [email protected], [email protected], [email protected] Web: www.pajtimi.com
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REPORT TO THE MINISTRY OF FOREIGN AFFAIRS OF REPUBLIC OF ALBANIA-
ON 21 DECEMBER 2013
FOR THE NATIONAL REPORT UNDER THE UNIVERSAL PERIODIC MECHANISM FOR HUMAN RIGHTS OF UN
THE COMMITTEE OF NATIONWIDE RECONCILIATION:
The Committee of Nationwide Reconciliation is founded by a group of intellectuals since the autumn of 1990, when in Albania began the protests against the totalitarian system. The Committee aimed the orientation of the citizens toward the political pluralism without social fighting or bloodshed, the promotion of peace, coexistence and tolerance against the manifestations of extremism and revenge. The initiative was supported by the president of Republic Ramiz Alia, the General Secretary of United Nations Perez de Kuelar as well as by the most distinguished representatives of the persecuted families who were integrated to the strategy of the Committee of Nationwide Reconciliation as reconciliation missionaries since 1991. The Committee consists of representatives of reconciliation missions and associations as well as prominent personalities of the social, science and political life of country. The Committee organizes its activities according to the law no: 8465 dated 11.3.1999. The status and the program of the Committee are approved by decision no: 3190 of the court of Tirana.
THE RECONCILIATION PROCESS:
The Committee of Nationwide Reconciliation leads and organizes the reconciliation process nationally. It organizes every year the reconciliation expeditions in all the districts of country to approach the dialog among the families in enmity and prevent the killings. The expeditions operate with annual, monthly or short term plans on the eve of religious or national holidays. They are organized voluntary, without any support by donators or Albanian state and work effectively to prevent killings and to spread the law culture. The expeditions mobilize the permanent work groups of the Committee of Nationwide Reconciliation in villages , led by a missionary, representative of the school and the representative of the local power. These volunteer groups follow and keep in control the situation of conflicts and enmities in 2800 villages, 60 Municipalities and 300 communes. This is a traditional structure and acts actively and permanently in terrain. Central Committee of expeditions which consists of 11 to 24 missionaries
together with the leaders of Committee, occasionally contacts the families in enmity until the finalization of reconciliation. At key moments 24 to 60 missionaries are mobilized around the central committee. The reconciliation expedition requires the reconciliation of the families in enmity without obstructing justice, by asking the punishment of crime and the repentance of the guilty. The experience of the Committee of Nationwide Reconciliation has brought in every case the long term and permanent reconciliation of the families. The Committee has found the support of all the citizens in south and north of Albania. Thanks to this support, the expeditions could realize every year the solution by agreement and reconciliation of 30-40% of conflicts and enmities. The work of expeditions has helped also in the prevention of social conflicts, as in 1997 when the missionaries persuaded the families in the north of Albania not to bring the armed boys in struggle against the protesters in south. The Committee of Nationwide Reconciliation has the people support because it applies the tradition in support of the state of rule and law and works voluntarily without donors and projects.
Photo-gallery
Gjin marku talking with viktim family in reconciliation proces
Gjin Marku in reconciliation expedition in Zall Bastar
Gjin Marku in Ziza famili inclosed because blood feud
Gjin Marku in reconciliatin process
Gjin Marku in Shkodër supporting the prosecutor. On 7 february 2014
Gjin Marku talking in Reconciliation proces in Tirana
Gjin Marku on cristmas 2013 talking with reconciliation missionaries
Monsinior Frendo talking with Gjin Marku and reconciliation ekspedition on 21 december 2013
THE STRATEGY OF THE COMMITTEE OF NATIONWIDE RECONCILIATION AND ITS ABANDONMENT
Based on the wide experience, before and after the political pluralism , during the events of 1990-92, 1997, the Committee prepared a long term strategy of its work for the peace and coexistence among Albanians, for the solution of conflicts by understanding and the prevention of killings. The strategy was supported by the Institutions of Albanian State , the Presidents Rexhep Meidani and Aleksander Moisiu as well as by the Albanian government. In 2004 the ambassador of USA James Jeffrey officially declared the support of the State Department to the strategy of the Committee of Nationwide Reconciliation , highlighting that this support is by awareness to the Albanian government and the representatives of the local power of districts. Until 2007, as a result of the work of the Committee expeditions and the support of institutions of state police , the number of killings was decreased from 450 to 70-80 per year. After 2007, the unilateral attitude of the governors and the interruption of the cooperation with the Committee of Nationwide Reconciliation because of the critics that the Committee made to the bad governing , have damaged the process of reconciliation and doubled the number of killings from 70-80 to 125-150 per year. Even after the interruption of this cooperation, the reconciliation expeditions continued their work without support. From 900 isolated and hidden children in 2011 and during 2012, it was made possible to decrease this number in the beginning of September 2013 to 590. At the end of November 2013, thanks to the agreement of the Committee with the families in enmity this number decreased to 306 with the aim that during the Christmas there will be no isolated women and children. Women and children isolate their selves pushed by individuals and groups emerged as reconciliation NGO that incite them to self-isolate expressing the lack of guarantee for life and promising education at home or in center established by donors as well as economic and material aid. Trying to improve the situation, the Education Ministry has registered 109 isolated children to be treated by ambulant teachers or through the “online teaching”. This is applied for 8 years from the previous government without any results except the inciting of the isolation of women and children. The institutions of Albanian state break the law if they accept the isolation of women and children. In most of the cases donors negatively influence the social life of the country. They are out of the reality and do not understand what happens with the projects they support in Albania. The families in enmity remain violated and in an extreme poverty, jobless, homeless and without social support. The funds of European Union and donors for the families in blood feud have never gone to them. These funds are peculated by individuals who easily create associations, institutions and ghost foundations by making projects that are written according to the donors’ standards, but the funds never go to the destination of the project. The donors give these funds without vigilance and without knowing the capacity of the individual or the organization that takes these funds. In most of the cases the organizations and individuals that are financed by donors are strongly connected to the people and specialists that work with these donors, for profiting aims and in and clear conflicts of interest. The strategy of the Committee, to leave the responsibility on the guilty one to be prosecuted by state and for the unconditional release of the isolated women and children, is a clear, functional strategy and in support of the state of rule and law , because it applies the values of tradition in support of law state and is the only national strategy that serves to the country to eliminate the crime of killings. In the penal code, in contrary to the strategy and the opinion of CNR, there is inserted the blood feud term by
institutionalizing, legitimizing and rooting it as a notion and action , at e time when killings are done by self-justice in a barbaric way , out of the Kanun and blood feud, or under a totally warped Kanun mentality. The warping of the mentality of Kanun is showed by barbaric killings and threatens of women and children and comes as a consequence of the misinformation and wrong orientation of the society.
THE KILLINGS FOR REVENGE AND BLOOD FEUD
During the post-communist transition , the Albanian society was in an extreme disorganization and faced severe crises. The wrong orientation of democracy, the invasion and robbery of the properties, smuggling, corruption, the illegal constructions and businesses, domestic violence and that of the life of the other, the women trafficking, guns and drug trafficking, have incited conflict and self-justice. The killings for revenge and blood feud , under a warped Kanun mentality have deprived the freedom and the life of thousands citizens, involving women and children. Kanun, an old law and respected by every generation, has been misused, has degenerated and often functions as an alibi of killings. The law for land, approved by the consensus of the two big parties in the beginning of pluralism, has brought the conflicts and the enmity of most of the Albanian families by also imposing the abandonment of te country.
DOMESTIC VIOLENCE AND VIOLENCE AGAINST WOMEN
Due to the efforts for the membership of Albania in EU, there is a legislation similar to that of the western countries for the gender equality in decision-making and the protection of the rights of women. The new government, which was elected on 23 rd of June 2013, has presented an admirable performance of the women involvement in the country governance at all levels. Despite of these improvements, the domestic violence remains a concerning problem. In 2011, 2012 and during 2013 , the killings of women are tenfold. These killings present also elements of sadism and terror by massacring the women inhumanely. These kinds of crimes have been very rare in Albania. Their increasing during the last years is alarming because they are a sign of a society that is losing the norms and the social cohesion which are very important for a society in transition. The experts of the field of criminality, sociology and psychology should survey deeper the nature of these killings and their concerning increasing number in order to create an explicit strategy for an efficient prevention and preservation and cultivation of some social and moral norms that enable the creation of a healthy society which respects the rights of the individual and the gender equality. After the reforms and the new mobilization of the state police, from the September of 2013 until the December, the number of killings at country level has decreased by 20 % , while the domestic violence and violence against women are several time lesser than before the election of 23 June.
THE EFFORTS TO JOIN THE EUROPEAN UNION .
Albania is making efforts to join the European Union but the social and political situation of the country is poor. The elections of 2013 were a step toward this integration. The new government, in a situation of economic disaster and high corruption, is making efforts to change the direction of the society toward the efficiently integration in EU. The government is insisting in law reforms, but it is in need to be supported by all the political and society factors as well as by the international community.
POVERTY AS A VIOLENCE SOURCE
The geographic Mediterranean position of Albania , with the nature, landscape, clime, vegetation , water and underground sources, creates conditions for a high standard living and economic opportunities for every Albanian family , but these resources are not managed. Despite of these nature factors, 60 % of Albanians are poor and unsure about the future. The country is deep in debt. The new government is developing a new explicit strategy for the liquidation of these debts and to extricate the country from the crisis of confidence. The poverty is one of the main sources of killings, suicides, domestic violence and the trafficking of humans. Most of the victims and killers are from poor families as well as the victims of suicides. Poor families are the most conflictive and more endangered from crime. 20 -25% of the victims of suicides reported by police are due to unpaid debts. In all grocery shops there are lists of families in debt which have three to six months without liquidating. The number of women and girls who are enslaved to the secret prostitution to survive, is the highest in region. In this endeavor, they often face the violence and the danger against life. During the last two years, the citizens feel intimidated in front of the crime which they cannot denounce because they are more endangered by denunciation. The event in Narta village, where the women were violated for years, is only the top of the iceberg of the unreported crime that happens in Albania. The most dangerous part of the debts that have destroyed many Albanian families is the debt that comes from gambling and casinos. The government was introduced to the concern of the civil society that the casinos are a potential danger for the society. The new government took immediately measures against the illegal spreading of these casinos and has found the support of the public, but the opposition and former ministers connected to these affairs have refused the requires for their closure and exercise pressure to all the initiatives that destroy the corruption system and organized crime which is totally connected to the administrate. The pressure made by the opposition for the non reformation of administrate is the pressure of the organized crime that should not find support by diplomatic body and international organizations.
THE VALUE OF REMOVAL OF DEATH PENALTY
The respect of the fundamental rights and freedom of human , presented in the Constitution of the Republic of Albania , defines the protection of the right of life therefore there exists the primary and constitutional obligation of state , to respect and protect this right over all the others. Facing multiple murders , over 90% of Albanians including the representatives of the parliament political parties, have declared that they accept the death penalty as a preventive measure. This thought is rejected by all the forums of CNR , highlighting that the support of returning the death penalty is a support to the primitive revenge and blood feud through the state. The Committee of Nationwide Reconciliation considers the removal of the death penalty as a European innovation and an important message for humanity. The Congresses of the reconciliation missionaries have welcomed the decision of the European Council as it was confirmed by their 4th congress dated 4 September 2013. International Amnesty has considered the death penalty as an ultimate denial of human rights, as a miserable action, inhuman and degrading, done in behalf of the state justice that violates the right of life declared in the Universal Declaration of Human Rights. Death penalty should not be supported by any Albanian as a right of state or society. Even the Kanun requires the prevention of blood feud by considering the forgiveness and reconciliation as a great obligation of society and every individual. The world experience has showed that, even in those places where is applied the death penalty, the number of killings and crimes is higher than that of
the western countries that have accepted the removal of this penalty. The global trend is that this penalty should no longer exist in human society. Death penalty does guarantee neither the placement of justice, nor the prevention of killings. The state institutions, Albanian society, media, public and private universities should do more in terms of processing, awareness and emancipation of public opinion for the importance of the removal of death penalty.
THE PROHIBITION OF FREEDOM AND OTHER RIGHTS
There are many constitutional rights including also the right to vote, which are limited through the blood feud and isolation. Although the right to vote has been occasionally violated in Albania from the parliament political parties, the isolated citizens have the right to exercise it. The right of every citizen to vote and to be voted, according to article 45of Constitution, should be guaranteed by law. Similarly, under the Constitution everyone is free to choose the religion or belief and to express it individually or collectively in public through the cult, education, or exercising of worships. Yet these isolated individuals are unable to participate in the exercise of these practices. The freedom of organization is another constitutional right that has its own importance in the creation, development and preservation of democracy. Incited by this situation, the Committee of Nationwide Reconciliation has attached great importance to the mobilization of the factors, so the isolated families can participate like all the other citizens in voting by insisting for the insurance of the moving boxes in cases when these families cannot leave the house. As in the previous periods, also the expedition of 2013, which started on January 6 and continued during the electoral campaign , in addition to the work of keeping in control the families in enmity, incited the citizens for a wider and more cultural participation in voting. From 1208 isolated families and 3800 hidden families from several enmities, it was made possible for 260 hidden families and 47 isolated ones to be accompanied by missionaries to the polling station. Since the request of the Committee for the application of moving boxes was rejected by CEC, most of the citizens involved in enmities were deprived from the voting right. Thousands of other families that have land conflicts in villages and have moved to metropolis without changing the civil status, had it difficult to go to the areas where they have their residence and registration as voters, in order to avoid the enemies. The isolated and hidden citizens were not ensured for the guarantee of life. The lack of confidence to move toward the polling stations was based to the bitter experiences of the previous year when, Gentian Beqiri was killed while he was under house arrest and guided by two police officers , Rolanda Doku who had protection order of police by court decision was killed, and Frederik Marku and his son Jurgen Marku were killed just when they came out of police station where they were asking for protection .
EMIGRATION
Because of threatens of killings for revenge and the lack of protection in Albania, the citizens are forced to leave the country. If the reconciliation was not achieved, leaving has been the only safe way during these years of transition. Western countries have contributed for the families that emigrate because of enmity by taking them in protection and providing the asylum right. In most of the cases the commissions of asylum and emigrations courts have taken in protection those families by having the assistance of the Committee of Nationwide Reconciliation. During the last three years, due to the economical crises that has attached many countries and the increasing of the number of emigrants in western countries, many Albanian families in danger from blood feud have been refused and deported.
The decision for their refusal was also a result of the increasing of the number of certificates issued for blood feud by unauthorized individuals who have created formally pseudo-missions or pseudo- institutions called “Reconciliation” for profiting aims through the fraud. According to the recommendation of Albanian government no. 10/7/ Prot. dated 10/7/2009 and no. 1716, dated 29/9 2009, of Ministry of Work, Social Affairs and Equal Chances, all the local and international institutions should refer to the Committee of Nationwide Reconciliation for the verification of enmity cases and conflicts for blood feud in order to eliminate the fictive data and abuses. None of the other organizations or state institutions is authorized for the issuing of these certificates without a new decision which abolishes these recommendations, since they are official documents of Albanian government issued after the conclusions of the national congresses and conferences of reconciliation missionaries. According to these recommendations and the resolutions of the national congresses and conferences of reconciliation missionaries, the Committee of Nationwide Reconciliation is a leading forum of all the reconciliation organizations and missions and has full structures in all the territory of Albania, Kosovo, Macedonia and Montenegro, to follow with priority all the cases of blood feud. Since none of the institutions, organizations or individuals has this capacity or experience , it is decided that all the blood feud cases should be archived and followed by CNR, and if there is no file in the office of CNR, none of the certifications should be taken in consideration from the court of emigration and asylum commissions. In order to hide from emigration officers the certifications issued by traffickers as it was done before, incriminated high leaders of Interior Ministry, Ministry of Justice and State Police, connected to traffickers, have occasionally brought into play false allegations against the CNR in order to take away the confidence of international institutions from the reports of CNR which are really critical to the bad governance of the country. Another aim is that the emigration offices should not take information from the committee for the certificates issued for blood feud outside this committee.
THE PRESSURE OF WESTERN COUNTRIES, LOBBYING AND PHOBIA AGAINST ALBANIAN EMIGRANTS.
Albanian government is often under the pressure of western countries with the threat of non membership in EU because of the increasing of requests for political asylum in these countries, especially after the approval of free movement. The contraposition to the efforts of emigrants to provide the asylum right is totally unfair and violets the national convents, European card and World Card of Human rights, especially the Convent of Geneva. In relation to the emigration of other countries, Albanians account an insignificant number in western countries. The number of those who require political asylum is even more insignificant. For 15 years the Committee of Nationwide Reconciliation has cooperated successfully with the offices of emigration in western countries. Unfortunately the pressures of some western countries to Albanian government for the banning of requests for asylum are incited not only by the recent economical crises but also by the phobia against Albanians appeared also in media. The fight against Albanians in western countries is done by the lobbies of eastern countries for not allowing them to penetrate the market of asylum and labor in West. These lobbies pay media opinions to remove Albanians from this market. The Committee of Nationwide Reconciliation has publicly and officially declared to the western countries that they should not be reluctant to stabilize in job and with full rights every Albanian citizen who appears there. This is the contribution that they can firstly give for their integration and not only for the legal reforms in Albania. Western countries are obligated to Albanians more than to every country in the world. The fact that
Albanians have never raised their voice to ask minimally the right for the compensation of hundred milliard dollars for the separation of territories in five countries for the interests of great powers, should be respected by every western country. Albanian government should be long sighted and explicit in its attitude toward the demands of western countries. Over 90% of Albanians who have emigrated work honestly and get exhausted to help their families in Albania. They have given an effective contribution to the European integration as well as the economic progress of Albania. Albanians who have gone to western countries have become examples not only for their work and businesses but also for the good civic behavior in these countries. The facing of emigrants with the land and maritime border police during 90’s and until now has caused thousands of them to die in street, to be killed or drowned in the sea. Their only guilt is that they tend to go to the western countries for a safer and better life. Foreign Medias have reported cases of suicides of Albanian families who threw themselves to the railroad or from the 5th floor of buildings in Germany, Ireland and Sweden, after they got their refusal from emigration offices.
THE NON FUNCTION OF LAW FOR BLOOD FEUD AND VIOLENCE AGAINST WOMEN.
In front of the situation that is out of control and public pressure, the government was satisfied in the beginning of 2013 with the approval of changes in law that increase the punishment for the killings for blood feud , killings in the family and those because of the duty. Since the approval of this law, these killings have become more intense and the law does not seem to have had any effect. The Ministry of Justice has been mistaken with the notion of killings for blood feud and does not know the situation and the cause of these killings. Technically the killings in Albania are not killings for blood feud but killings by self justice, due to the lack of justice and the state of rule and law. None of the killings during transitions has been due to the rules of blood feud. The Committee of Nationwide Reconciliation has asked that the notion of blood feud, even though it is used to explain a social phenomenon of now days, should not be inserted to the penal code since the blood feud as a Kanun term has not real bases for the new modern legislation, even in the now days conditions of transition of Albanian society. Killings by self justice are not blood feuds. This unclear politic of lawmakers has leaded the citizens toward a deadlock. In order to be more efficient, the law should be explicit and state maximum penalty for every case of killings. So every killing should have the maximum penalty, not less than 25 year in prison up to eternal imprisonment without amnesty right. The new law that penalizes with maximum punishment the killing for blood feud and does not penalize in this level the initial killing that caused or incited the blood feud is absurd. The logic is in contradiction with the right as well as the policy and penal procedure for the prevention of killings. Upon the acceptation of crime, those who admit the killing that causes the chain of blood feud are punished 8 years less. By other benefits from law this punish measure usually goes from 8 to 12 years less. This kind of handicap does not solve the problem of killings by self justice but makes it more complicated. The Committee of Nationwide Reconciliation has prepared and will introduce it to the new government, the report for the law reform to eliminate these contradictions in penal code and justice system, knowing that the crime is not only prevented by law or police force. In this aspect the citizens’ awareness for the need of law culture is the only long term solution of the problem. The strategy of the Committee, to leave the responsibility to the guilty one to be prosecuted by state and the unconditional release of isolated women and children is an explicit and functional strategy in support to the state of rule and law, because it applies the values of tradition in support to
the law state and is the only national strategy that serves to the country to eliminate the crime and killings.Approved in the national meeting for a common front with state in the fight against crime ( Christmas without isolated women and children) on 21st of December 2013 in the Cathedral of Saint Pal, Tirana.
