Poor implementation of existing legislation, low political will, inadequate protection from hate speech and hate crime, poor performance of Equality Bodies a common characteristic of all reports. Serious backlashes are noted in Turkey throughout 2015 and 2016, a stagnation when it comes to LGBTI rights in Macedonia and need for further progress in other countries of the region. More efforts are required for the protection and advancement of the rights of trans people.
20 November 2016 – Earlies this month, the European Commission published its annual progress report on countries aspiring to become members of the European Union and which are recognized by the latter as potential candidate countries or candidate countries for membership. 
The reports, with a significant difference from those of previous years, cover LGBTI rights and issues more broadly, particularly for candidate countries which are now in negotiation process or are expected to start them soon. 
The reports reveal that despite legal advancements in most countries, with the exception of Macedonia and Turkey, LGBTI people continue to face prejudice, discrimination and are targets of homophobic, nationalistic, extremist and other hate groups. Political will continues to remain law all over the region.
The report on Turkey highlights the risks faced by LGBTI organisations which are now under threat of fundamentalist terrorist groups and do not receive proper protection from the Turkish government.
The reports have also praised the successful pride events in Albania, Kosovo, Montenegro and Serbia and condemned Turkey’s failure to protect the right of its citizen on freedom of assembly including the ban of and excessive use of force against Istanbul Pride for the second consecutive year.
Below, you may read the detailed summaries of the reports, with particular focus on rights of LGBTI people. Links to full reports and other news can be found at the end of the article.
ALBANIA
On Albania, the Commission recognized the progress made through the establishment of the National Council for Civil Society which aims to strengthen cooperation between government and CSO’s as well as the enactment of the law on volunteerism by Parliament. The report notes however that the process of selection of NCCS members is not predicted in the law and that this time it was done with the assistance of international community. Also it noted the lengthy and costly procedures to register a new organization in courts.
The Commission continues to note that while the legal framework for protection of human rights is broadly in line with European standards enforcement of human rights remains to be strengthened.
The report highlights the performance of the Ombudsman which continued to actively promote the rights of vulnerable groups with 349 recommendations addressed. However the performance of the Ombudsman’s’ office continued to be limited by lack of funding and personal. With regards to anti-discrimination, the Commissioner for Protection against Discrimination (CPD) handled a slightly decreased number of cases, while it increased the amount of actions it brought of its own initiative. Its participation in judicial processes doubled compared to 2014, while during 2015 CPD issues 11 sanctions. The CPD dealt with hate speech cases targeting the LGBTI community and in two cases decided to fine the perpetrators. The Commission recommends for anti-discrimination case-law to be further developed and its implementation improved.
On hate crimes, the state police appointed a dedicated focal point. However, the number of reported cases remained insignificant and no judicial prosecution has yet been initiated. Data collection on hate crime continued to be lacking. 
More specifically on the rights of LGBTI people the Commission notes the adoption of the 2016-2020 action plan in May 2016. Sexual orientation and gender identity are now protected grounds from discrimination in the labour code.
The shelter for LGBTI people, which is almost entirely donor-supported, continued to provide services to members of the community in need. In February, a cooperation agreement was signed between the Ministry of Social Welfare and the shelter. A fundraising gala was held in May to collect the resources needed to continue the functioning of the shelter. Also in May, a number of events were organized around IDAHOTB. Public awareness and social acceptance remained low, particularly in rural areas. Amendments to the family code to introduce the concept of cohabitation of same-sex couples have not yet been adopted.
BOSNIA AND HERZEGOVINA 
On Bosnia and Herzegovina, the Commission notes that more work is required addressing human rights and minorities’ issues. Some progress was achieved with the adoption of amendments to the anti-discrimination law. Substantial improvement is needed in the strategic, legal, institutional and policy frameworks for the observance of human rights.
The country still needs to adopt an overarching policy document on promotion and enforcement of human rights.
With regards to the Ombudsman’s Office the report noted that cooperation with civil society remained limited and that inadequate human and financial resources made it harder for the office to carry out its functions, including implementation of anti-discrimination legislation.
While some progress was observed on establishment of institutional mechanisms for cooperation between governments and CSO’s a strategic framework for cooperation needs to be developed and full use should be made for the e-consultation web platform.
With regards to human rights some progress has been achieved in particular with the adoption of relevant amendments to the anti-discrimination law. The strategic, legal, institutional and policy framework for observance of human rights are in need of substantial improvement. Bosnia & Herzegovina has been recommended to adopt a countrywide strategy for human rights and non-discrimination. 
On non-discrimination policies, some initial steps were undertaken at state-level to develop comprehensive human rights and anti-discrimination strategies. In August, amendments were adopted to the law on prohibition of discrimination to include age, sexual orientation, gender identity and disability as grounds for discrimination.
More specifically on LGBTI rights, the Federation entity adopted amendments to its criminal code to include sexual orientation and gender identity. Republica Srpska and Federation entities adopted in December 2015 and March 2016 respectively annual operation plans based on the gender action plan for 2016, including also LGBTI-related measures. There have still been no indictments over the 2014 attack on the Merlinka festival.
The report makes specific mention of the public attack against LGBTI persons in March in Sarajevo, leading to one person being injured. The attacks were not classified as hate crimes but as misdemeanors.
Same-sex couples continue to be discriminated against through the legal system which fails to provide them with any of their social and economic rights.
Transgender community continues to be marginalized and no efforts have been taken to simplify the procedure of legal sex change, which would enable legal gender recognition without having to complete medical transition.
KOSOVO 
On Kosovo, the Commission notes some progress made with the implementation of 2015 package of human rights laws and declarations of support for LGBTI rights. However, implementation continues to be hindered by a lack of resources and political commitment, in particular at local level.
The Ombudsman began implementing the 2015 law on the Ombudsman, with increased and improved reporting.
With regards to civil society some progress was made in improving cooperation between government and civil society. Minimum standards for public consultations were adopted and now need to be implemented across all levels of government. Of particular concern is the lack of political will and the uneven participation of civil society in policy making. Public funding for civil society continues to remain non transparent.
The report notes that some progress has been achieved on rights of LGBTI people. A peaceful march was held on IDAHOT with the participation of many senior politicians including the President.
Cases of verbal and physical assaults against members of LGBTI community should be properly investigated. During 2016 a few serious cases of hate crimes and discrimination have been reported to police and prosecutors.
The advisory and coordinating group for the rights of LGBTI persons needs to take a more proactive role by providing concrete advice and recommendations to relevant institutions.  
MACEDONIA
On Macedonia, the Commission notes that more efforts are needed to ensure the respect of human rights of vulnerable groups. There is also a lack of political will and adequate resources to enable the relevant supervisory and regulatory bodies to fulfil their mandates independently and effectively. Most marginalized groups in society are still not accorded full protection, including here LGBTI people. Weaknesses in the implementation of human rights standards continue to affect primarily the most vulnerable and marginalized groups in society, such as LGBTI people. 
On the Ombudsman, the report highlights an increase in number of complaints received and the overall level of follow-up remained high (around 82%) but the number of bodies which fail to respect his recommendations has increased. Moreover the office remains understaffed and lacks adequate budgetary means.
On non-discrimination the report notes that alignment with the acquis is incomplete, notably lacking prohibition of discrimination on the grounds of sexual orientation. Meanwhile regarding the Commissioner for Protection from Discrimination it was noted that selection of newly appointed members was non-transparent. Serious concerns have also persisted about impartiality and independence of the Commission and the number of complaints filed with the Commission have decreased significantly and the number of cases confirming discrimination in 2015 is insignificant (3 out of 66).
More specifically on LGBTI rights, the report notes that prejudice and stereotypes are present in society, media and online. Considerable efforts are still needed to counter intolerance towards LGBTI people. The 2012 attacks on the LGBTI support centre still have not been investigated.
In December 2015, the conviction and 7-month prison sentence of the perpetrator of a violent attack against two LGBTI activists in 2012 was quashed on appeal. 
The report makes also specific mention of trans rights noting that proper gender reassignment treatment is not available. Trans people can access only limited health services. National authorities should considerably intensify efforts to raise awareness of and respect for diversity in society.
The positive cooperation between civil society and police in one municipality, to celebrate IDAHOT, set e positive example.
The report also notes that the training of law enforcement bodies, prosecutors, judges, health workers and teaching staff remains important.
MONTENEGR0
On Montenegro, the report notes that the country has completed several legislative reforms to further align with EU and international human rights standards, however implementation remains weak. Legal amendments, to ensure a coherent sanctioning policy for human rights violations have not been adopted yet. Institutional capacities need to increase further.
Other shortcomings are noticed in the capacities and performance of the Ombudsman and Ministry of Human Rights and Minorities. Implementation of anti-discrimination framework needs to be more effective, and awareness by the general public needs to increase; lack of a uniform approach and low levels of penalties for human rights violations continues to create legal uncertainty;
The report notes progress in improvement of relations of government with CSOs. While CSO role in accession process is formally acknowledged, full participation remains to be achieved. Additional resources and transparency are needed for better cooperation. Smear campaigns and intimidation attempts continued against certain CSO activists. Conditions conducive to voluntary work, civic activism and social entrepreneurship need to be created.  
On non-discrimination, the law requires further alignment with the EU acquis. The number of court cases remains very low, and the lack of proportionate and deterrent sentencing needs to be addressed.
The Ombudsman’s capacity to handle complaints has improved; however, further improvement is needed to ensure timely and quality follow-up on reported cases of discrimination. Cooperation between LGBTI CSO’s and Ombudsman has improved.
More specifically on LGBTI rights government of Montenegro has shown overall openness towards promotion. The Ministry of Human Rights and Minorities has taken over the supervision of the national strategy but lacks experienced staff in this field. The 2016 action plan which was adopted does not include budget allocation.
The initial phase of preparations for the law on civil partnerships has started and showed god cooperation between the relevant authorities and civil society.
The Third Pride Parade was held in December 2015, without any incidents and with a smaller police presence than in previous years.
However the situation remains very difficult at local level, and within society itself, where acceptance of sexual diversity is slower.
Systematic anti-discrimination campaigns in schools and universities are still not in place. Attacks against LGBTI community members and activists continue. However, the improvement in relations between LGBTI community and police is also reflected in more progress in investigations and in criminal convictions for attacks.
SERBI
On Serbia, the report notes that the legislative and institutional framework for observance of international human rights law is in place. However, consistent implementation across the whole country is needed. Shortcomings are noticed in the lack of strong and visible political support to protect the rights of groups facing most discrimination including LGBTI persons. 
Progress was made in establishing an enabling environment for the development and financing of civil society. However, further efforts are needed to ensure systematic inclusion of civil society in policy dialogue and help develop its full potential. A new Director of the Government Office for Cooperation with Civil Society was appointed in March.
Corporate donations to non-profit organizations that are licensed providers of social services are now exempt from VAT. The legal framework for volunteering needs to further encourage voluntary work, including as part of co-financing projects.
In relation to promotion and enforcement of human rights, relevant state bodies, parliamentary committees, the Ombudsman and CSO’s have carried out awareness-raising activities on human rights, tolerance and non-discrimination and enforcement mechanisms.
Implementation of the action plan for the anti-discrimination strategy has started.
The Equality Protection Commissioner’s Office has established an annual media award for the best media report promoting tolerance and equality.
More specifically on LGBTI rights, some activities have been conducted with the aim of promotion. The new government includes for the first time a Minister who is openly lesbian. Premises for the first ‘drop in’ centre for LGBTI persons who are seeking support have been provided by the City of Belgrade authorities. The Pride Parade took place on 18 September without incidents. Despite these developments, the situation has not progressed much and LGBTI persons and activists continue to be subjected to hate speech, threats and sometimes even physical violence. There is no centralized official data record on the number of crimes motivated by homophobia and transphobia. Serbia has no procedures for legal gender recognition in place, even in cases of gender reassignment. School textbooks containing discriminatory content still need to be revised. Stronger political commitment is needed to promote a culture of respect for LGBTI persons and to ensure non-discrimination at work, in the health sector and the education system. The level of public prejudice against the LGBTI population is still relatively high and needs to be addressed.
TURKEY
On Turkey, following the attempted coup of 15 July 201, the EU called on authorities to observe the highest standards in respecting the rule of law and fundamental rights.
CSO’s made efforts to remain actively involved in public life even though independent CSO’s are rarely involved in law and policy making processes. Some human rights defenders, including LGBTI have been detained and intimidated. A large number of organizations were closed as part of the post-coup measures taken by the government for alleged links to the Gülen movement. The measures taken under the state of emergency are undergoing scrutiny by the Council of Europe. Turkey is required to ensure that any measure is taken only to the extent strictly required to the exigencies of the situation and in all cases stands the test of necessity and proportionality.
The Ombudsman of Turkey, due to limited legal powers has reduced influence in contributing effectively in the fields of human rights and good governance.
The Turkish legal framework still does not protect rights of LGBTI people and discrimination, hate speech, hate crimes and violations of human rights of this group continue to be a source of a serious concern. Non-discrimination is still not sufficiently enforced, in law or in practice. The rights of most vulnerable groups and of persons belonging to minorities should be sufficiently protected. Gender based violence, discrimination, hate speech against minorities, hate crime and violations of LGBTI rights continue to be a source of a serious concern. The new law on anti-discrimination “Law on the Human Rights and Equality Institution of Turkey” still does not include sexual orientation.
New provisions in the Criminal Code do not cover hate offenses based on ethnic origin or sexual orientation. Non-discrimination is not sufficiently enforced either in law or in practice and rights of minorities are not sufficiently upheld.
Freedom of assembly continues to be overly restricted, in law and practice, in particular through disproportionate use of force in policing demonstrations and a lack of sanctions and investigations of law enforcement officers. There was backsliding on freedom of assembly and association. LGBTI marches in Ankara and in Istanbul were again banned in 2016.
More specifically on LGBTI rights there are serious concerns with regard to fundamental rights of LGBTI people. The new Law on the National Human Rights and Equality Institution does not explicitly include sexual identity and sexual orientation among grounds for protection from discrimination. In the military disciplinary system, homosexuality is still defined as a ‘psychosexual disorder’ and in the military’s medical regulation as an illness. An anti-homophobia march was banned in Ankara in May. The June LGBTI movement pride parade in Istanbul was not allowed to go ahead for the second consecutive year. Intimidation and violence against the LGBTI community increased including the killing of at least two persons. LGBTI organisations who came under threat from fundamentalist terrorist groups did not receive protection from the government. Hate crimes, attacks and murders as well as police violence against transgender people and activists are a source of serious concern. There is no specific legislation against these crimes. Some media outlets promote hate speech against LGBTI persons. The law suits filed by LGBTI persons in such cases usually do not result in effective investigations or sanctions by the judiciary. Discrimination over the right to employment on the basis of sexual orientation remains widespread. 
The next progress reports on all accession countries will be launched by the European Commission in 2018
Sources:

http://www.lgbt-ep.eu/press-releases/new-eu-accession-reports-lgbti-rights-in-the-western-balkans-and-turkey-2/ 
http://ec.europa.eu/enlargement/countries/package/index_en.htm
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_albania.pdf
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_bosnia_and_herzegovina.pdf
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_kosovo.pdf
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_the_former_yugoslav_republic_of_macedonia.pdf
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_montenegro.pdf
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_serbia.pdf
http://ec.europa.eu/enlargement/pdf/key_documents/2016/20161109_report_turkey.pdf