17.2. fully decriminalise defamation, in line with international standards, and cap the disproportionately high fines and excessive amounts of compensation which may be awarded for defamation, which have a chilling effect on journalists and incite self-censorship;

17.3. enact proper legislation to counter the use of strategic lawsuits against public participation (SLAPPs) against journalists, media outlets and civil society organisations.

18. The Assembly pays tribute to the diverse multicultural Albanian society and its historic tradition ofinterreligious dialogue and tolerance. While recognising that national minorities are – with some exceptions –well integrated in the Albanian society, the Assembly has some concerns with regard to the adequacy of thelegal framework for the protection of minority rights. While the adoption of the 2017 Law on the Protection ofNational Minorities was a major and welcome step forward, the Assembly notes that three essential by-lawsthat are required to implement the provisions of this law, have still not been adopted. The by-laws that are stilllacking concern key aspects for the enjoyment of minority rights including the right to self-identification, theright to education in minority languages and their use in communication with authorities, and the procedure forthe recognition of national minorities. In relation to the protection of national minority rights the Assemblyurges the authorities to:

18.1. adopt without further delay, and in close consultation with the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities, the three by-laws to the 2017 Law on the Protection of Minorities governing the right to self-identification, the right to education in minority languages and their use in communication with authorities, and the procedure for the recognition of national minorities;

18.2. lower considerably, and flexibly interpret, the requirement that a national minority needs to amount to more than 20% of the local population before minority rights and services are legally guaranteed at the municipality level.

19. With regard to the situation of LGBTI+ rights, the Assembly welcomes the adoption of the amendmentsto the Labour Code that prohibit discrimination on the grounds of sexual orientation or gender. At the sametime, it notes that Albania still does not allow for the registration of same sex partnerships, contrary toEuropean standards, or allow people to change their name and gender in the civil registry, which preventsthese persons from exercising their civil rights. It calls upon the authorities to address these two issues as amatter of priority.

20. The Assembly regrets that Albania has not joined the European Charter for Regional or MinorityLanguages (ETS No. 148). Given the extended presence of minority languages in Albania, it calls upon theauthorities to sign and ratify it as a matter of priority.

21. The Assembly welcomes the clearly expressed political will by the Albanian authorities, as well as allpolitical forces in the country, to address, as a matter of priority and in close co-operation with the Assemblyand the relevant Council of Europe bodies, the concerns and recommendations made in this resolution andthe accompanying report of the Committee on the Honouring of Obligations and Commitments by MemberStates of the Council of Europe (Monitoring Committee). The Assembly therefore resolves to close themonitoring procedure in respect of Albania and engage in a post-monitoring dialogue with Albania in line withResolution 2018 (2014) with the objective of addressing the remaining concerns outlined in this resolution.

22. At the same time, should no tangible and concrete progress have been made in addressing theAssembly’s concerns and recommendations with regard to the fight against corruption, the protection ofminorities, and media freedom and freedom of expression, as expressed in paragraphs 15, 17 and 18 of thisresolution, the Assembly expects its Monitoring Committee to consider, already in its first report under thepost-monitoring dialogue, whether Albania should be returned to the full monitoring procedure.

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