A group of civil society organizations addressed today the City Council of Tirana with an open letter. The reaction comes as a result of a draft decision that foresees fines for a series of behaviors such as asking for alms or washing windows on the street, which according to organizations contradict human rights, making life difficult for people from the most disadvantaged categories of people. society.
Other concerns are related to amendments that sanction the right to assembly and expression, such as the presentation of banners or the creation of graffiti.
At the end of the letter, the organizations call on the Municipal Councilors not to approve these articles of the draft decision on "Territory Control and the determination of some administrative offenses and the sanction imposed on them in the Municipality of Tirana."
Full reaction:
Dear Ladies and Gentlemen, Councilors of the Tirana Municipal Council, We address you publicly and urgently to express our concern regarding some points of the articles proposed in the draft decision "On the Control of the Territory and the determination of some administrative offenses and the sanction imposed for them in the Municipality of Tirana." We, as a civil society organization, are of the opinion that despite the good intentions that the proponents of this draft decision may have had, to improve aspects of life in the capital, some amendments contradict international standards and human rights, and we ask you to don't approve them.
Regarding point 1 F of Article 10 on the prohibition of almsgiving:
In the draft decision, Article 10 "Administrative misdemeanors against public morals", point 1, f states: "Soliciting alms in public places and wiping or cleaning car windows at traffic lights" constitutes an administrative misdemeanor. According to this draft decision, asking for alms in public places and wiping or cleaning car windows at traffic lights are considered offenses that violate public morality in the same way, such as: Urinating, defecating or spitting in public places; Shouting with vulgar words and expressions or performing actions with vulgar gestures in public environments; Actions or behaviors of any nature aimed at harassing, insulting or mocking people with disabilities, the elderly and the vulnerable.
So, a person who asks for alms on the street to survive, equally violates public morals in the city of Tirana as a person who mocks and insults an elderly person or a person with disabilities, or who urinates in public spaces. These persons are equal offenders and are equally fined. The question we ask is: How is public morality violated by a person asking for alms? By punishing begging, poverty is punished and certain minorities in Albanian society are at risk of being discriminated against, and for the following reasons we ask you not to approve it: This measure is discriminatory, it violates freedom of expression and personal freedom (constitutional rights) and is not proportional (constitutional principle).
Begging may be the only source of income for some people. Does this measure pass the test of proportionality if the right of passersby not to be disturbed on the street is placed against the right to ensure the survival of the person asking for alms? The Roma, Egyptian and homeless communities are significantly affected by such a measure. Although the measure is general and applies to everyone, those affected mainly belong to these communities and this makes this measure indirectly discriminatory against these people.
In our opinion, this prohibition is absolute and it lacks detailing the circumstances in which begging in public settings is prohibited (eg begging by children; begging in an aggressive or threatening manner). In-depth studies on the practice of the European Union show that although there have been attempts to take measures to ban begging (not necessarily declaring it a crime), they have been dismissed as against morality or the fundamental laws of the states. For example, in countries such as France, Germany, Italy, Scotland, where efforts were made to punish begging, the courts decided that the ban on begging is unconstitutional.
Poverty and homelessness are not choices people make willingly, and no one should be punished for it, even with a fine. Implementing absolute bans or imposing sanctions are not solutions. The solution is to invest in the housing and social support of these people, not to punish them because they are poor, live on the streets and their only source of income is begging. It is certainly not good for people to live on the streets and beg for alms to survive. By removing people living on the streets and preventing them from begging, it makes them invisible and hides the problem. The problem must be solved with preventive measures that fight the causes of the problem, poverty and not its presentation or appearance.
Regarding Article 12 Administrative offenses in the field of public infrastructure:
Article 12 states: "Insofar as they do not constitute a criminal offense, they constitute administrative offenses in the field of public infrastructure, the following actions: ... Point 1, c Placing signs, banners, banners without permission.
"We oppose point c, as it contradicts and at the same time violates the legislation on gatherings as well as freedom of expression. Holding banners, placards and signs temporarily, when it does not cause disturbances even without obtaining permission, are well-accepted gestures within peaceful and spontaneous protests.
Regarding point 5 of article 7 in the field of public space
Regarding the problem of street vendors, we as civil society organizations continue to disagree with the administrative measures that are already in force regarding street vendors. So our position is against sanctions per se. We recommend that:
- Tirana Municipality, before taking administrative measures against street vendors, must take into account the social and economic situation of the street vendor and his/her family.
• The municipality should try to fix the economic situation of these families by employing these people who are trying to earn a living for their family and not to fine them and confiscate their goods without taking an interest in the miserable fate of the residents of this municipality.
• The municipality should support and support the initiatives of these individuals to become part of the market, facilitating them in terms of taxes and fees until the moment of strengthening their small business, allowing them to use the markets without being forced to pay the fixed municipality fee
Regarding Article 11 for administrative offenses in the field of security:
Point e. of this article states: Violation through graffiti or writing, pollution with various substances or scratching of private and public buildings or other public objects, except when it is carried out within the framework of artistic activities and with the approval of the responsible structure; How does "making graffiti or writing" affect public safety? We believe that this aspect of the article is disproportionate and limits freedom of expression.
Regarding Article 11 for administrative offenses in the field of environment
Item 1, m "Manual selection, search or receipt of waste delivered in containers." Members of the Roma and Egyptian minority communities and the poor and homeless who earn an income by collecting recyclable materials will be significantly affected by such a measure.
Although the measure is general and applies to everyone, those affected mainly belong to these communities and this makes this measure indirectly discriminatory against these people.
The Commissioner for Protection from Discrimination as well as the People's Advocate expressed a similar issue. The past practices followed by the Municipality of Tirana have affected the deterioration of the general situation and living conditions of the Roma and Egyptian communities in conditions where they are not provided and offered permanent employment programs and work with them to increase social inclusion. For more, please refer to the review of the Albanian Helsinki Committee addressed to the European Commission Against Racism and Intolerance, which summarizes the aforementioned acts and issue.
Hoping and trusting in your understanding, we ask you not to approve these points of these articles.
This statement is supported by the organizations: New Center, Egyptian Roma Youth Movement, Civil Rights Defenders, Albanian Committee of Helsinki, Albanian Foundation for Human Rights with Disabilities, Center for Citizen Legal Initiatives, Center for Quality Education, Tirana Free Legal Service – TLAS, Res Publica, Rromano Kham, Women's Empowerment Network in Albania-AWEN.
*Citizens Channel /lk/
