Albania: Blood feuds resulting from one party refusing to agree to marriage after formal acceptance of an engagement; remedies available to avert a blood feud
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 11 March 2004 |
| Citation / Document Symbol | ALB42373.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Albania: Blood feuds resulting from one party refusing to agree to marriage after formal acceptance of an engagement; remedies available to avert a blood feud, 11 March 2004, ALB42373.E, available at: https://www.refworld.org/docid/41501be62a.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Albanian blood feud practice is drawn from a number of medieval civil codes, including the Kanun of Skanderbeg (Skënderbeut), the Kanun of the Mountains (Malsisë së Madhe), the Kanun of Laberia (Labërisë) (RFE/RL 12 Oct. 2001a; ibid 12 Oct. 2001c; Shkoder.net n.d.), and the most commonly referenced, Kanun of Lek Dukagjini (ibid.; RFE/RL 12 Oct. 2001a; MRD Nov. 2002, 341; BBC 5 May 2002; ICG 1 Mar. 2000, 22; Südost-Forschungen 1996; The Observer 12 Feb. 1995; ibid. 21 Sept. 2003). In practice, those seeking vengeance do not always strictly follow the Kanuns' guidelines, citing their own interpretation of the code (ibid. ; ICG 1 Mar. 2000, 23; New York Times Magazine 26 Dec. 1999).
Motives for Blood Feuds
While the Kanun touches upon many aspects of Albanians' social existence, it specifically concerns the notions of honour, hospitality and vengeance (The Observer 12 Feb. 1995). A male member of the family takes the decision to begin or end a feud (BBC 5 May 2002; The Mirror 31 Aug. 2002). The Kanun stipulates blood revenge (gjakmarrja) for major offences, including intentional murder (accidental killings require the perpetrator to hide for a period of time), insulting a man's personal honour, insulting the honour of a woman and violating hospitality (Shkoder.net n.d.). An examples of insult toward a man's personal honour is calling him a liar in front of other men (The Mirror 31 Aug. 2002) while insult to the honour of a women includes rape (Shkoder n.d.) and adultery (The Observer 21 Sept. 2003). Most reports refer to a blood feud starting as a result of a killing (ibid.; MRD Nov. 2002, 341; RFE/RL 12 Oct. 2001a; ibid. 12 Oct. 2001b; ibid. 12 Oct. 2001c) and these commonly relate to fights over women (The Mirror 31 Aug. 2002).
According to Radio Free Europe/Radio Liberty (RFE/RL), revenge killings "are now conducted with little respect for, or understanding of the [K]anun code" (12 Oct. 2001c). For example, there have been cases where feuds have begun because human traffickers have lured daughters or sisters into prostitution (The Observer 21 Sept. 2003). The International Crisis Group (ICG) also reported examples of feuds resulting from "an untoward advance toward a woman," the killing of a dog, disagreements among criminal gangs, following car accidents or because of disputes over land or water (ICG 1 Mar. 2000, 23).
Marriage Law in the Kanun Code
The various Kanun Codes discuss social relations such as marriage law, and include stipulations pertaining to engagement, marriage contracts and dissolution of marriage (Südost-Forschungen 1996; ICG 1 Mar. 2000, 22). With respect to women, an analysis of the Kanun of Lek Dukagjini notes that a woman's honour is the property of and comprises one aspect of the honour of a man (Shkoder n.d.). The Observer noted that the Kanun designates a woman to be the "'property of men, to be bought, sold and betrothed before birth'" (12 Feb. 1995). An analysis of the application of the Kanun in Albania also notes that a fiancée's honour passes to the man's family after engagement (Shkoder.net n.d.). This is corroborated by a website concerning cultural customs, which notes that once a women is considered "eligible to marry, she moves out of her parents' home and into that of her husband ... becom[ing] part of (the property of) her husband's family" (Jolique 9 June 2000). The Research Directorate was unable to find reports relating to blood feuds resulting from the end of an engagement.
Remedies to Blood Feuds
Three specialists on blood feuds describe the vendetta process requiring the relatives of the person killed "to avenge the death by killing the perpetrator or [one] of his male relatives" (MRD Nov. 2002, 341). To escape being killed, those targeted would remain housebound until "either somebody from the perpetrator's family [is] killed (thus avenging the spilt blood)" or the parties to the feud enact a ritual of forgiveness (ibid.). The Kanun designates a Council of Elders-heads of kin-groups and/or those of noted wisdom and experience-work as judges to determine the validity of a claim under the code, encourage parties of a feud to repent, or pronounce punishments (Shkoder.net n.d.).
The Kanun provides mediators an intervening role in feuds (MRD Nov. 2002, 341) a role currently filled by NGOs, who will negotiate a simple vow to not pursue revenge or a payment of money to realize reconciliation (RFE/RL 12 Oct. 2001b). Please consult ALB42171.E of 10 December 2003 and ALB42280.E of 22 January 2004 for a discussion of the numerous reconciliation organizations, which are active in Albania.
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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
BBC. 5 May 2002. Mike Donkin. "Eyewitness: Albania's Blood Feuds." International Crisis Group (ICG). 1 March 2000. Albania: State of the Nation. (ICG Balkans Report No. 87) Jolique.com. 9 June 2000. "Crossing Boundaries: Albania's Sworn Virgins." The Mirror [London]. 31 August 2002. Simon Rawles. "Under House Arrest: The Family Feuds that End in Death." (NEXIS)
Mountain Research and Development (MRD). November 2002. Vol. 22, No. 4. Shkelqim Bozgo, Xheni Sinakoli and Emin Spahia. "Customary Law, Conflict and Development in the Mountains of Albania."
New York Times Magazine. 26 December 1999. Scott Anderson. "The Curse of Blood and Vengeance." (Albanian Students Association (ALBSA) List Serve 11 Oct. 2001) The Observer [London]. 21 September 2003. Sophie Arie Puke. "Blood Feuds Trap Albania in the Past: Thousands Forced to Take Refuge As Medieval Code Targets Fathers and Sons." (NEXIS)
_____. 12 February 1995. Helena Smith. "Lost Land Where Vengeance is Written in Blood." (NEXIS)
Radio Free Europe/Radio Liberty (RFE/RL). 12 October 2001a. Jolyon Naegele. "Albania: Blood Feuds-'Blood for Blood' (Part 1)." _____. 12 October 2001b. Jolyon Naegele. "Albania: Blood Feuds-Revenge Makes Fear, Isolation Way of Life (Part 2)." _____. 12 October 2001c. Jolyon Naegele. "Albania: Blood Feuds-Forgotten Rules Imperil Everyone (Part 3)." Shkoder.net.n.d. Zef Ahmeti. "The Criminal Law in the 'Kanun of Lekë Dukagjini." (Albania The Criminal Law) Südost-Forschungen [Munich]. 1996. No. 55. Robert Elsie. Review of Die Stammesgesellschaften Nordalbaniens by Fatos Baxhaku and Karl Kaser, (Cologne 1996). Additional Sources Consulted
Internet sites, including:
Association Albania, CEDAW, Dialog, Frosina Foundation, Gendercide, International Helsinki Federation for Human Rights (IHF) Women 2000 report, Network of East West Women, NEXIS, The Greenwood Encyclopedia of Women's Issues Worldwide (2003)