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MINISTERS’ DEPUTIES |
Notes on the Agenda |
CM/Notes/1514/H46-2 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH) Human rights
H46-2 X and Others v. Albania (Application No. 73548/17) Supervision of the execution of the European Court’s judgments Reference documents |
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Case |
Judgment of |
Final on |
Indicator for the classification |
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73548/17 |
31/05/2022 |
31/08/2022 |
Complex problem |
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· Co-operation activities and expertise provided by the Council of Europe Roma and Travellers Division · "Improving the protection of the right to property and facilitating execution of ECtHR judgments in Albania (D-REX III)" |
Case description
Some of the measures were taken with delays, and thus incompatible with the time sensitivity of a situation where children were segregated and the decision of the Commissioner for the Protection from Discrimination (“the Albanian Commissioner”) of 22 September 2015 indicating that measures should be taken “immediately”, while other measures to correct the inequality were not implemented at all. The Court concluded that the delays and the non-implementation of appropriate desegregating measures did not have an objective and reasonable justification, and therefore there was a violation of the general prohibition of discrimination (violation of Article 1 of Protocol No. 12).
Under Article 46, the Court indicated the need for the authorities to adopt measures to end the discrimination of Roma and Egyptian pupils of the “Naim Frashëri” school, as ordered by the decision of the Albanian Commissioner.
Status of execution
The authorities submitted an action plan on 30 May 2023 (DH-DD(2023)675) and updated information on 17 October 2024 (DH-DD(2024)1200).
The European Roma Rights Centre (“the ERRC”) submitted a Rule 9.2 communication on 21 October 2024 (DH-DD(2024)1252), which is supported by the Albanian Commissioner (for details see below).
Individual measures:
- Measures reported by the authorities: The just satisfaction awarded by the Court was paid to the applicants. In May 2023, the authorities indicated that only two applicant pupils were still attending the "Naim Frashëri" school, while five had successfully finished the primary school, four had left the school after reaching the age of compulsory education, one had left the school due to emigration and one had been transferred to the “Asdreni” school. The school informed the applicants concerned of the possibility to continue their education in other schools, but only one agreed to a transfer. According to the authorities, the parents were not willing to transfer their children to other schools because, given their vulnerability, they would have difficulties to adapt to a new environment in the middle of the school year. Moreover, the parents believed that the teachers at the "Naim Frashëri" school were better prepared to deal with the special needs of Roma and Egyptian pupils.
On 19 November 2024, the authorities clarified that one of the two applicant pupils enrolled in the "Naim Frashëri" was not attending the school and that the school was in continuous contact with his family to address the situation of his dropout, but without success. He will reach the age of compulsory education in 2025. The other applicant pupil has returned to school after having dropped out and the school has informed the family about the possibility to continue the education in other schools, but the family did not agree.
- Rule 9.2 communication: In their communication of 21 October 2024, the ERRC maintained that they have recently received information from the applicants, which differs from that reported by the authorities. According to them, only one applicant is enrolled in the "Naim Frashëri" school, while another has dropped out from the school. One applicant is in the “Asdreni” school, which, however, is also predominantly attended by Roma and Egyptian pupils. One applicant failed the seventh grade at the "Naim Frashëri" school and expressed a desire to continue his education at the “Asdreni” school, but the principal of that school declined the request, citing a policy of not accepting pupils from the "Naim Frashëri" school anymore due to concerns that those students were often perceived as poor performers, with irregular attendance and a lack of commitment to their studies. The ERRC also maintained that some of the applicants wished to transfer to other schools, but received no support in doing so. The NGO also expressed concerns that the sole solution offered to the applicants was a transfer at a mid-term, and that it remained unclear whether other solutions to study in non-segregated environment have been proposed to them. They further expressed a concern that the authorities did not consider measures to improve the further educational prospects for the applicants who are not anymore in the “Naim Frashëri” school.[1]
General measures:
1) Legal framework on inclusive education and protection from discrimination in education
2) Measures adopted before the X. and Others judgment
To attract pupils of all ethnicities in the "Naim Frashër" school, the authorities removed in 2017 an ethnicity criterion for the pupils to benefit from the food support programme[2] and carried out in 2018-2019 the renovation of the school building. Other proposed measures were not implemented, such as the extension of the food support programme to four additional schools in the area and the merger of the “Naim Frashëri” school with three other non-segregated schools. For the 2019/20 academic year the Roma and Egyptian pupils at the "Naim Frashëri" school accounted for 90% of the pupils.[3]
3) Preparation of an action plan for the execution of the X. and Others judgment
The authorities held several coordination meetings in Korça in 2022, with the support of the Council of Europe and the European Union, to discuss with stakeholders, including the Albanian Commissioner and NGOs, the execution of the judgment and inter-institutional coordination.
On 3 November 2022, the Ministry of Education set up a joint working group to assess the situation of the "Naim Frashër" school (“the Ministry of Education Working Group”) and of other elementary schools in the city of Korça. An action plan for the execution of this judgment was prepared and submitted in May 2023, with the support of the Council of Europe (the Roma and Travelers Division and the Co-operation Programmes Division). It enumerates several measures to be implemented in the "Naim Frasheri" school and beyond, with time-limits for their implementation (see details below).
4) Statistics on Roma and Egyptian pupils in the “Naim Frashër” school and in other schools in Korça
The authorities noted that in the 2022/23 academic year, the “Naim Frashëri" school had 221 pupils: 83.4% of the 145 pupils of the central “Naim Frashëri" school were Roma and Egyptian, while the two subordinate schools (“Ravonik” and “Turan” schools) did not have Roma or Egyptian pupils. Out of 10 primary schools in Korça, in seven the representation of Roma and Egyptian pupils varied from 20% to 40%, in accordance with the total number of Roma and Egyptian inhabitants in those areas.
An examination of the statistics provided by the authorities for the 2022/23 academic year, which concern 13 educational institutions, indicates that: four schools had a representation between 1% and 4% of Roma or Egyptian pupils; five schools had up to 40 % of such students; and four schools had between 41% and 83% (“Demokracia” (41%); “Ismail Qemali” (57%); “Asdreni” (67%), “Naim Frashëri” (83 %)). The proportion of Roma or Egyptian pupils of the total number of pupils on the territory of Korça for the past five years has been between 19,6% (for the 2018/19 year) and 18,1% (for the 2022/23 year).
For the 2023/24 academic year, the “Naim Frashëri" school had in total 164 pupils, of which 80 (49%) were Roma and Egyptian. The central school had 96 pupils enrolled, of which 79 (82%) were Roma and Egyptian; only one Egyptian pupil was enrolled in one of the two subordinate schools.
For 2024/25 academic year, the “Naim Frashëri” school has in total 187 pupils, of which 104 (55,6%) are Roma and Egyptian. The central school has 95 pupils enrolled, of which 81 (85%) are Roma and Egyptian; only one Egyptian pupil is enrolled in one of the two subordinate schools. The number of students per class does not exceed 15, and the authorities consider this low number an advantage for better focused work with the pupils.
5) Measures concerning the “Naim Frashëri" school and other schools
- National Action Plan for Equality, Inclusion and Participation of Roma and Egyptian communities: The National Action Plan for 2021- 2025 envisages that by the end of 2025, there will be zero segregated classes or schools. It foresees measures to tackle overrepresentation of Roma and Egyptian children in five schools; and to provide training to 90 % of the educational staff on inclusive education, diversity and antigypsyism. The total estimated cost for its implementation is around 39,260,000 euros. The National Action Plan has a monitoring and reporting system, which relies on data from ministries and municipalities. Its implementation is assessed through annual progress reports and civil society monitoring reports. The authorities indicated that the measures to address the segregation at the "Naim Frashëri" school (see below) will be monitored through the above monitoring system.
The authorities pointed out moreover that ensuring equal access and full integration of the Roma and Egyptian minorities in the education system can only be achieved through addressing the profound causes for inequality (including employment, healthcare, housing and social services), but these long-term measures and commitment are not to be considered execution measures for the present judgment.
- Specific measures related to removing segregation at the "Naim Frashëri" and other schools: In May 2023, the authorities submitted that based on the findings of its working group, the Ministry of Education had drafted a plan of measures (presented also as measures for the execution of the present judgment).
As regards the "Naim Frashëri” school and other schools, the plan proposed: (i) monitoring and reassessment of the enrolment of pupils in the three most affected schools in Korça according to the catchment area; (ii) monitoring the situation after the closure of another segregated school (“Avdyl Avdia” school in Berat); (iii) transforming the “Naim Frashëri” school into an attractive school operating as a community centre school and offering extracurricular and after-school activities for the wider community to attract non-Roma and non-Egyptian pupils.
In October 2024, the authorities indicated that the food support programme in the “Naim Frashëri” school was suspended, and now Roma and Egyptian pupils enrolled in that school and in other schools could benefit from allowances instead.[4] This was done, because the overrepresentation of the Roma and Egyptian pupils in the "Naim Frashëri” school was considered an unintentional effect of that programme.
- Feasibility assessment study of the situation at the “Naim Frashëri” school: In October 2024, the authorities indicated that a study is being drafted with the support of the Council of Europe Roma and Travellers Division, whereby an independent expert is assessing the current situation at the school, including the community's perceptions and attitudes, and is formulating proposals for desegregation measures. The preliminary findings were expected in November 2024, to be followed by a coordination meeting with all responsible institutions. The authorities state that more accurate assessment on the measures taken by the respective institutions will be made following the above-mentioned meeting.
- Consultations with the Secretariat: A meeting between representatives of the Ministry of Education and the Department for the Execution of Judgments is planned for 17-18 December 2024 in Tirana.
- Other recent measures: In their submission of October 2024, the authorities reported about other recently taken measures: (i) another working group was established on 26 August 2024 to, among others, monitor the registration of children at first grade through the e-Albania Internet portal; (ii) the role of the mediators was clarified; (iii) measures against school dropout have been taken at the "Naim Frashëri" school and beyond, including ensuring free transportation for pupils, award of scholarships, provision of social services, etc.; (iv) a social worker and a cultural mediator were appointed as mediators at the school; (v) training on inclusive education for the teachers at the school has taken place; (vi) the school has been offering different extracurricular, after-school and community activities, aiming at wide community.
6) Opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities concerning Albania
In its opinion of June 2023, the Advisory Committee indicated that, whilst the merger of the “Naim Frashëri” school with two other schools had the potential to bring benefits, sustained and resolute actions were required to integrate the different schools. It expressed concern that the extracurricular activities planned in the “Naim Frashëri” school might not be sufficiently impactful. Integrated classes were needed, and the overall quality of education had to be improved.[5] It also referred to statements of the representatives of the school, who underlined the need for stricter enforcement of rules on catchment areas. The Advisory Committee warned that administrative combination of mainstream and segregated schools should not serve to camouflage statistics.[6]
7) Rule 9.2 communication
In their communication of 21 October 2024, the ERRC pointed out that the applicable law on pre-university education did not include a specific prohibition of segregation, nor an obligation for the parents to enrol their children in schools within their catchment areas. It also contained no specific duties of each authority in addressing segregation. The NGO maintained that renovations, efforts to reduce school dropout rates or social assistance did not directly address segregation. Relying on information from the Albanian Commissioner, the ERRC noted that until the end of the school year 2023/24, the measures taken for execution of the X and Others judgment have been minimalist, slow and without a positive impact.[7] The “Naim Frashëri” and several other schools in Korca are still segregated, and the current zoning practices, which cluster Roma and Egyptian families into specific school catchment areas, and/or their enforcement, may be reinforcing segregation.
Analysis of the Secretariat
Individual measures:
It is recalled that the just satisfaction in this case has been paid.
- Applicants who continue their compulsory primary education in Korça
According to the information submitted by the authorities two applicants are still enrolled in the "Naim Frashëri" school, one of whom if still attending the classes, and another one was transferred to the “Asdreni” school. As it appears that the segregation at the "Naim Frashëri" school persists and the “Asdreni” school faces similar problems, the individual measures in respect of this(-ese) applicant(s) are therefore closely linked to the general measures aimed at ending the segregation in those school.
In the meantime, due to the time sensitivity of the situation, certain interim individual measures appear to be called for. While the authorities indicated that the applicants who attended the "Naim Frashëri" school in 2022/23 were informed about the possibility of transfer to another school, the information on further contacts with these pupils’ families was provided at a late stage and cannot be thoroughly assessed for the present meeting. Based on the available information, it is in any event necessary that the authorities continue providing information on specific interim desegregation measures proposed to the applicants concerned.
The Committee may wish therefore to request updated timely information in this respect, including: (a) more details on the assistance offered so far to the applicants affected by school segregation and; (b) on whether the applicants will be offered (again) the possibility of a transfer and the assistance to do that, or other specific interim desegregation measures. Such information appears also necessary in view of the ERRC’s submission indicating absence of adequate support or even refusal to admit an applicant in another school (“Asdreni”).
- Applicants who no longer continue their primary education or have left Albania
As concerns the applicants who completed primary education or are older than the age of compulsory education, no further individual measures appear needed, as their future educational prospects after primary school cannot be seen as falling within the scope of the execution of the present judgment. No further individual measures appear necessary also as concerns the applicant who left Albania.
General measures:
It is positive that the authorities rapidly reacted to the present judgment by holding coordination meetings, setting up a working group coordinating the execution process, preparing an assessment of the situation of the schools in Korça and drafting a plan of measures. These initiatives could be noted with interest.
It is also positive that the authorities actively cooperated with the Council of Europe, through relevant cooperation activities for the drafting of the action plan and for the ongoing feasibility study on the situation of the “Naim Frashëri” school, and through organising consultations with the Secretariat during a planned visit to Albania in December 2024. It is proposed to the Committee to welcome and encourage the close cooperation and dialogue with the Council of Europe on the execution of the present judgment.
It is however of concern that, based on data for 2024/25 and previous academic years, the central “Naim Frashëri” school remains segregated (with above 80% Roma and Egyptian pupils), without any tangible improvement and with unchanged distribution of pupils between the central school (where these pupils have been over-represented for many years), and the two subordinate schools (which have had almost no such pupils). It can be recalled in this context that for merging of schools, it is important to take sustained actions to genuinely integrate the different (merged) schools, in line with the opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities.
In addition, several other schools in the same municipality are also affected by over-representation of Roma and Egyptian pupils, even though other schools in the same area have almost no Roma and Egyptian pupils. The high ratio of Roma and Egyptian pupils in certain schools does not appear to be reasonably related to the general proportion of such pupils in the elementary schools in Korca (apparently about
18-19% for the past few years), and could be due at least to some extent, as suggested in the Rule 9.2 communication, to inadequate school catchment area practices.
It is therefore of great importance that the authorities take concrete and decisive measures to produce results and rapidly and systematically address the segregation of Roma and Egyptian pupils in the "Naim Frashëri" school, as well as in the other schools disproportionately attended by Roma and Egyptian pupils in the municipality of Korca and across the country.[8] To this end, the Committee may wish to invite them to provide further updated information on the measures taken and envisaged, with clear timetable and assessment of the resources necessary for implementation of the measures foreseen.
Moreover, the authorities could be invited to draw inspiration from targeted desegregation measures taken by other member States and commended by the Committee.[9] They could be also encouraged: a) to reinforce the legal framework of the school catchment area and its implementation, in order to ensure inclusive education and avoid segregation; b) to pursue an effective dialogue with all stakeholders including from across communities, in public consultations and through awareness-raising, with a view to promoting inclusive education and combating prejudices; c) to ensure efficient monitoring and reliable data collection, to identify swiftly segregation tendencies and assess progress of adopted measures[10] and d) to ensure a systematic and coordinated approach across central institutions, local government bodies and school management.
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Financing assured: YES |
[1] For full details, see DH-DD(2024)1252.
[2] Between 2012 and 2017, food packages had been provided only to the Roma and Egyptian pupils to increase attendance rate.
[3] See §§ 84-85 of the X and Others judgment.
[4] However, due to some concerns with the implementation of that measure, the authorities were reviewing the situation.
[5] The opinion referred to information from the authorities about other examples of segregated schools in Berat, Elbasan, Korçë and Fier, and to information from the World Bank (from 2019) that 19% of Roma students attend segregated schools in Albania.
[6] See Resolution of 13 December 2023 (CM/ResCMN(2023)13), adopted by the Committee of Ministers inviting Albania to take account of the Advisory Committee’s opinion, including to take resolute action to integrate the de facto segregated schools and prevent segregation from recurring, and emphasising the importance of collection of equality data relating to minorities, especially in education.
[7] For example, the envisaged awareness campaign to attract non-Roma and Egyptian pupils in the “Naim Frashëri” school have not been conducted, nor have the guidelines for educational institutions been developed.
[8] See also the recent EU Commission’s Progress reports on Albania, SWD(2023) 690 final, p. 40 and SWD(2024) 690 final, p. 41, and Concluding observations on the combined thirteenth and fourteenth periodic reports of Albania of the UN Committee on the Elimination of Racial Discrimination, CERD/C/ALB/CO/13-14, p. 18.
[9] See Notes in the Szolcsán v. Hungary case regarding Jókai Mór school, prepared for the 1492nd meeting (March 2024) (DH) (CM/Notes/1492/H46-17).
[10] See, in this respect, the Report on Albania of the European Commission against Racism and Intolerance (sixth monitoring cycle), adopted on 7 April 2020 and published on 2 June 2020, § 48.