Our Prime Minister’s propensity to shock is indeed of proverbial stock. His declaration of the government intention to legalise gay marriage has caused a ruckus domestically and has hit the international news, completing a picture of queer Albania. The interesting international profile constructed by the fragmented news that is picked up from the country is the subject of another debate though. This particular declaration, the way it was delivered and the emerging shape of the public debate around it are a matter of immediate concern. Misunderstandings of the link between gay rights and EU integration and visas are distorting debates on both matters: EU integration and visas, and gay rights per se.
First, much ado is being made, and much criticism is emerging out of the framing of the intention to legalise gay marriage as part of the requirements for EU integration and for visa liberalisation. The idea seems to be that the EU is forcing gay rights and gay marriage upon Albania. And the argument is being put forward that it is unfair to thus force Albania when other EU member states have not legalised gay marriage.
Within the framework of EU integration and visa liberalisation, Albania is indeed required, amongst much more, to draft, pass and enforce an anti-discrimination law. This law, prepared by human rights NGOs in Albania, is not a gay rights law and it does not actually touch upon gay marriage at all. This is also what makes Premier Berisha’s declaration on ‘gay marriage’ peculiar. The law that he refers to, however, aims at protecting individuals discriminated on a wide variety of grounds, including race, colour, ethnicity, language, religion, political opinion, national or social origin, economic or educational status, disability, age etc. Discrimination due to sexual orientation is one of the many grounds this comprehensive law protects against. The anti-discrimination law is necessary for a democratic society whether it aspires to integrate in the EU or not. Also, its role in holding Albania back from visa liberalisation and integration is marginal compared to other matters pertinent to state functionality and the rule of law such as holding free and fair elections, border management and control, corruption, migration, biometric passports and personal data security etc. The homophobic reaction to Premier Berisha’s declaration must not drive public attention away from other, very crucial issues.
Coming on to the second issue, the misunderstood link between gay rights and EU integration and visas is also distorting the debate on gay rights per se. With focus upon the EU imposing itself, the situation of gay people in Albania is being left out of the gay debate. The reactions to Premier Berisha’s declaration must not be ignored, but engaged with. The fact that the very comprehensive antidiscrimination law is being obscured by one of its parts, the ‘gay part’, and the fact that Premier Berisha’s mentioning of ‘gay marriage’ are causing public uproar expose the artificiality that the gay debate still holds in an Albania of many other acute problems. It is also to be expected that in the current political and economic climate, bringing up gay rights might seem out of tune. However, it is important to clear some of the fog on EU integration and visas, as well as open up the debate in Albania on gay rights as human rights and human dignity. Wide public debate of the issue would also help the enforceability of the antidiscrimination law and other legislation that might follow.
