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Albania: Conditions of military service; consequences of evading military service or alternative service; whether one may legally refuse military and alternative service, and if so, in which cases; whether passports may be issued to individuals who have not completed their military service, including students; whether a military service certificate must be presented in order to obtain a passport; whether passports contain a field for information regarding military service (2004 - June 2006)

Conditions of military or alternative service

According to the Albanian Helsinki Committee, apart from stating that "active and alternative military service is done by males [between the ages of] 19 and 27 years old," the 2003 Law on Military Service does not provide other details on the nature of military service (13 July 2006).

A major with the Albanian army, quoted in a United States (US) Office of Special Counsel (OSC) Report, also indicated that the obligation for men to do their military service ends at 27 years of age (22 May 2006). However, the Web site of the Albanian Ministry of Defence reported that "[a]ll men between the ages of 19 and 32 [are liable for military service] and are obliged to serve as reservists until they reach 55" (Albania N.d.).

The length of military service is twelve months (Albanian Helsinki Committee 13 July 2006; Albania N.d.) or six months for graduate students (ibid.). A 10 July 2003 report by Albanian Radio, cited by the Quaker Council for European Affairs Country Report on Albania indicated that an amendment to the law on military service reduced the obligation to one month for graduate students (Apr. 2005). The length of alternative service is 12 months (CPTI May 2006, 121).

In February 2005, the Albanian Minister of Defence, Pandeli Majko, attended a roundtable in which he acknowledged the efforts of the organization Peace Ambassadors and their role in providing information to young Albanians on "alternative military service" (Albania 22 Feb. 2005). The Minister underscored the fact that the law requires alternative military service "when due to consciousness or belief, the Albanian citizen refuses to carry out the compulsory military service" (ibid.). Article 166 of the Albanian constitution states that "[all] citizens have the duty to participate in the defence of [the country] and that conscientious objectors have the obligation to perform an alternative service (Albania 28 Nov. 1998).

In a report on the right to conscientious objection in Albania, the Quaker Council for European Affairs indicated that the legal provisions on conscientious objection are included in the 2003 Law on Military Service (Apr. 2005; see also Albanian Helsinki Committee 13 July 2006). However, the level of implementation of these legal provisions remains unclear; according to the Quaker Council for European Affairs while "no legal provisions for conscientious objection" existed prior to 2003, it has yet to be determined to what extent alternative service on the grounds of conscientious objection is made available (Apr. 2005).

Furthermore, Conscience and Peace Tax International (CPTI), a non- governmental organization (NGO) which has special consultative status with the Economic and Social Council (ECOSOC) of the United Nations (CPTI May 2006, ii), indicated in a report published in May 2006, that there were "no details known" of the procedure for the recognition of conscientious objection (ibid., 72). Nonetheless, the CPTI indicated that a commission comprising representatives from the Ministry of Defence and other ministries, as well as religious organizations, is in charge of determining the status of conscientious objectors (ibid., 67). Job placements administered by the Ministry of Defence and the Ministry of Labour and Social Affairs can constitute alternative service (ibid., 110). Such placements could involve work in a hospital, social work and community services, work with humanitarian organizations or work in the field of environmental protection and fire fighting (ibid., 119).

Consequences of evading military or alternative service

As reported by the Albanian Helsinki Committee, article 40 of the Military Criminal Code provides details on the consequences of evading military service or other military obligations (Albanian Helsinki Committee 13 July 2006). Avoiding military service for a month or more by pretending to be sick, whether through damaging one's own health, the falsification of documents or through any other way means, is punishable with a maximum prison sentence of two years (ibid.; see also CPTI May 2006, 89) or a fine, under charges heard in a military court (ibid.). According to CPTI, fourteen persons sentenced to six months in 2000 for refusing to perform military service were "the latest known number in prison" (ibid.).

In a OSC Report, a major with a mobilization and recruitment centre in the town of Durres stated that youths were using "different tactics to delay their mobilization until they reach the age of 27 and their obligation ends" (US 22 May 2006). According to the Major, youths who evade military service risk a fine of up to 50,000 leks [approximately 576 $CAN (XE.com 26 June 2006b)] "and may be put in prison for up to four years according to the law" (US 22 May 2006). The Major criticized the work of the centre indicating that neglectful work and "cronyism" made it easier for youths to avoid military service (ibid.).

For instance, the Durres centre has reportedly abused the process of medical deferment of military service for youths which, according to law, cannot be awarded by civilian institutions (ibid.). Another example given is the issuing of emigrant status documents to youths who did not technically qualify for them (ibid.).

A 14 June 2006 OSC Report indicated that authorities randomly selected a group of youths from the town of Gjirokaster and took them to the police station in order to verify that they complied with their military service obligations (US 14 June 2006). Penal proceedings against another 53 youths from the same town were also initiated on the grounds of evading military duty (ibid.). In the towns of Memaliaj and Tepelene, the report indicated that youths were forcibly recruited into the armed forces (ibid.). Additionally, a total of 500 youths from the southern part of the country were brought to court in the town of Vlore and several were fined for evading military service (ibid. 13 Feb. 2006).

The June 2006 OSC Report also indicated that many youths from the southern part of the country emigrate to avoid military service (ibid. 14 June 2006). During the two years preceding the article, a decrease in both the number of youths who voluntarily report for duty as well as the number of youths who pay the compensation fee in order to avoid military service was observed (ibid.).

According to news releases from the Albanian Telegraph Agency (ATA), between March and May 2006, three young Albanians were detained for "deserting the army" (ATA 18 Mar. 2006; ibid. 17 May 2006; ibid. 28 Mar. 2006) or "deserting military service" (ibid.) and respectively received prison sentences of three months, four months and six months (ibid.; ibid. 18 Mar. 2006; ibid. 17 May 2006).

The Albanian Helsinki Committee indicated that article 8 of the 2003 law on military service states that Albanian citizens must comply with military service obligations unless they hold dual citizenship (13 July 2006). However, the US Department of State warns Americans who hold dual citizenship that Albanian males are subject to military service, that they can be prosecuted for trying to evade it and that they should make inquiries regarding their status with an Albanian embassy or consulate before travelling to Albania (6 June 2006).

Legal reasons for the refusal of military or alternative service

In 13 July 2006 correspondence, a Representative of the Albanian Helsinki Committee noted the following cases in which a person may be released from the obligation of performing military service:

– Paying a given sum (determined by the Council of Ministers of Albania);

– Finishing graduate studies within the country or abroad;

– Becoming a student in the high military schools or in the Police Academy, either in Albania or abroad;

– Being declared incapable to pursue military service by the Medical Commission of the Central Military Medical University Hospital;

– Facing family responsibilities: in case of death and when a dependent is left without care;

– Becoming the father of two or more children during military service;

– Becoming a professional soldier.

Other sources concur that one can avoid military service in exchange for a payment determined by the government (Quaker Council for European Affairs Apr. 2005; Albania N.d.; CPTI May 2006, 36; see also US 14 June 2006). Sources indicated that the amount required in order to avoid military service was 300,000 leks [approximately 3,460$ CAN (XE.com 26 June 2006a)] (CPTI May 2006; Albania n.d.; US 22 May 2006); a sum the Quaker Council for European Affairs considers to be "well beyond the means of most young men" (Apr. 2005).

Passports

According to the Albanian Helsinki Committee, one does not need to produce a military service certificate, or any other document attesting the completion of military service in order to obtain a passport (13 July 2006). The Albanian Helsinki Committee also stated that passports do not contain a field for information regarding military service (13 July 2006).

Additionally, the Albanian Helsinki Committee explained that law No. 8668 of 23 November 2001 lists the documents required to obtain a passport "such as: a written request, a birth certificate and a personal photograph" but does not mention the necessity to produce a document related to military service (13 July 2006). This information could not be corroborated by the Research Directorate among the sources consulted within the time constraints of this response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Albania. 22 February 2005. Ministry of Defence. "Round Table on the Alternative Military Service." <http://www.mod.gov.al/eng/lajme/lexo_lajm.asp?IDNews=1026> [Accessed 21 June 2006]
_____. 28 November 1998. 1998 Constitution of the Republic of Albania. Text Approved by Referendum on 22 November 1998 and Promulgated on 28 November 1998. Translated Under the Auspices of OSCE-Albania (OSCE). <http://www.osce.org/documents/pia/1998/11/4338_en.pdf> [Accessed 26 June 2006]
_____. N.d. Ministry of Defence. "Recruitment for the Completion of Military Service." <http://www.mod.gov.al/eng/forcat/FTRekrutim.asp> [Accessed 26 June 2006]

Albanian Helsinki Committee (AHC). 13 July 2006. Correspondence from a Representative.

Albanian Telegraph Agency (ATA). 17 May 2006. "Police Detain Person on Charge of Army Desertion." (Factiva)
_____. 28 March 2006. "24 Year Old Arrested for Deserting Military Service in Malesi E Madhe." (Factiva)
_____. 18 March. 2006. "Police Detain Wanted Person for Deserting the Army." (Factiva)

Conscience and Peace Tax International (CPTI). May 2006. Military Recruitment and Conscientious Objection: A Thematic Global Survey. <http://www.cpti.ws/cpti_docs/brett/recruitment_and_co_A4.pdf> [Accessed 8 Aug. 2006]

Quaker Council for European Affairs (QCEA). April 2005. The Right to Conscientious Objection in Europe: A Review of the Current Situation – Country Report: ALBANIA. <http://www.quaker.org/qcea/coreport/albania.pdf> [Accessed 21 June 2006]

United States (US). 14 June 2006. US Department of Commerce, National Technical Information Service (NTIS). "Highlights: Albania Crime and Corruption Issues 1-7 Apr. 06." Office of Special Counsel (OSC) Report. (Dialog/WNC)
_____. 6 June 2006. US Department of State, Bureau of Consular Affairs. "Consular Information Sheet: Albania." <http://travel.state.gov/travel/cis_pa_tw/cis/cis_1076.html> [Accessed 3 Aug. 2006]
_____. 22 May 2006. US Department of Commerce, National Technical Information Service (NTIS)."Highlights: Albania Crime and Corruption Issues 11-17 Mar. 06." Office of Special Counsel (OSC) Report. (Dialog/WNC)
_____. 13 February 2006. US Department of Commerce, National Technical Information Service (NTIS)."Highlights: Albania Crime and Corruption Issues 17-23 Dec. 05." Office of Special Counsel (OSC) Report. (Dialog/WNC)

XE.com. 26 June 2006a. "Universal Currency Converter Results." <http://www.xe.com/ucc> [Accessed 26 June 2006]

XE.com. 26 June 2006b. "Universal Currency Converter Results." <http://www.xe.com/ucc> [Accessed 26 June 2006]

Additional Sources Consulted

Oral sources: The Canadian office of the Office of the United Nations High Commissionner for Refugees (UNHCR) and the Embassy of Albania in Canada did not provide information within the time constraints of this Response.

Internet sites, including: Albanews; Albanian Helsinki Committee; Albanian Legal Information Initiative; Coalition to Stop the Use of Child Soldiers; Council of Europe; Le Courrier des Balkans; European Bureau for Conscientious Objection; European Country of Origin Information Network (ECOI); Forum 18; Freedom House; International Helsinki Federation for Human Rights; MJAFT!; Radio Free Europe/Radio Liberty; United States Department of State; World News Connection.