COMMITTEE ON THE RIGHTS OF MIGRANT WORKERS CONSIDERS INITIAL REPORT OF ALBANIA
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families has considered the initial report of Albania on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.
Presenting the report, Kastriot Sulkaj, Deputy Minister of the Ministry of Labour, Social Issues and Equal Opportunities of Albania, said in recent years the number of Albanians working abroad with irregular status had decreased. This decrease had been aided by projects aimed at supporting the voluntary return of Albanian nationals and helping them with the establishment of micro-enterprises and employment upon their return. From 2005 to 2007, 500 Albanian nationals returned from Italy under the programme “Welcome Again”.
Mr. Sulkaj noted that Albania had ratified the eight core labour rights conventions of the International Labour Organization, as well as the revised European Social Charter. The right to create independent trade unions and employer associations was guaranteed, however the large scale of the informal economy meant that these organizations were still weak. Also, social dialogue was still at an early stage and needed to be reinforced. The Labour Code recognized the right to collective bargaining, but effective collective bargaining remained difficult and agreements were hard to enforce. Mr. Sulkaj said that strengthening of the National Labour Council was needed. Despite the ratification of International Labour Organization conventions on minimum working age and the worst forms of child labour, employment of children remained an issue of serious concern as a number of children left school to work; labour inspections needed to be stepped up to fight this trend.
Experts raised questions concerning, among other things: the rights of Albanians living abroad to vote; the rights of migrant workers to form and join trade unions, vote, and stand for office; the gathering of reliable statistics in the country regarding migration; the right of return for Albanians working abroad and the reintegration of those returnees; statistics on cases of discrimination against migrants; conflicts between domestic law and provisions of the treaty; the status of unaccompanied minors; legal aid for both Albanian immigrants in other countries and foreign nationals in Albania; social security protections for Albanians living overseas; readmission agreements between Albania and other States; and bilateral agreements with countries with large numbers of Albanian immigrants for the protection of those migrants.
In concluding remarks, Committee members noted that through participation in various initiatives, including several projects to integrate migrants upon their return to Albania, the State party had shown that it was committed to human rights. They were concerned, however, by readmission agreements that lacked guarantees for migrants and they hoped the next report would include input from non-governmental organizations and civil society. It was important to study the best practices of other States that had found ways to allow their nationals to vote abroad. The situation of unaccompanied minors was another issue of concern, although the numbers were decreasing.
During the meeting, Committee members also discussed their inter-session activities which included: attending a conference of the International Commission of Jurists in Brazil and the impact of transnational corporations on human rights; attending the Inter-Committee Meeting in Geneva; attending a forum on migration and the financial crisis; attending a social dialogue in Ecuador on migration and taking stock of the Convention; attending the Chairpersons’ Meeting in Brussels; and organizing and attending a forum on global migration and the rights of migrant workers and their families in New York.
The delegation of Albania included representatives from the Ministry of Labour, Social Issues and Equal Opportunities, the Ministry of Economy, the Ministry of Foreign Affairs, and the Permanent Mission of Albania to the United Nations Office at Geneva.
When the Committee reconvenes at 3 p.m. this afternoon it will begin its consideration of the second periodic report of Ecuador (CMW/C/ECU/2).
Report of Albania
According to the initial report of Albania (CMW/C/ALB/1), the country is currently confronting the problem of collecting statistical information about migration, which is not regular and periodic. This occurs due to a number of different factors related to organization and operation of public bodies that are dealing with migration. Contemporary interpretation and processing of this information is another stage which needs to put together institutional common efforts for making use of required human resources and inputs from major ministries.
Recognizing such a challenge, the respective organizations are taking the first steps for keeping required registers not only by the Migratory Policy Directorate, but also in Local Regional Migratory Employment Offices. These efforts will not only remain on undertaking relevant measures for registration of emigrants, but also on conducting required operations with the registers of Civil Status Offices. Application of the monitoring/coordinating systems of the National Migration Strategy and the National Plan for Enforcement of the National Employment Strategy under the leading role of the Directorate of Migratory Policy, Return and Reintegration has proved to be quite positive in fulfilling the tasks of the organizations involved in the migratory process.
One of the steps taken by the Albanian State for the publicity and promotion of the Convention “On the protection of the rights of all immigrant labourers and members of their families” is its publication in the Official Gazette no. 47/2007. Publication of this Convention is made by the Official Publication Centre, a state agency under the authority of the Ministry of Justice. In addition, the Ministry of Labour, Social Affairs and Economic Opportunities had made numerous advertisements on TV and in the daily press. It is also worth mentioning the preparation of leaflets and brochures on certain themes about migration including the return of emigrants to their countries of origin.
“Non-discrimination” constitutes one of the general principles of the labour code and ensures the equality of immigrant workers and members of their families and proportionality in relations with Albanian public administration. With respect to this, no one shall be privileged or discriminated against because of gender, race, religion, entity, language, political, religious and ideological believes, economical, educational, social situation, parental origin. Any restriction by the public administration should be in compliance with limitations prescribed by law and only when they are necessary in the interest of public safety or for the protection of the rights and freedoms of others, however, they should proportionally respect the rights and freedoms of the individual. Article 3/2 of the law “For encouraging employment” specifies that immigrant workers and aliens enjoy the same rights as Albanian nationals with regard to employment in the territory of Albania. This category includes all immigrant workers and members of their families, with no regard whether these nationals are or are not from countries with which the Republic of Albania has signed Employment Agreements. Foreign nationals and aliens that marry Albanian nationals enjoy the same rights as Albanian nationals, provided that they are residents in the Republic of Albania.
Presentation of Report
KASTRIOT SULKAJ, Deputy Minister of the Ministry of Labour, Social Issues and Equal Opportunities of Albania, said that the Ministry of Labour, Social Issues and Equal Opportunities was responsible for all aspects of migration for employment motives. The Directorate of Migratory Policy, Return and Reintegration, which was under the authority of the Ministry of Labour, dealt directly with the migratory process. One of its tasks was the provision of legal conditions for the participation of the private sector in the migration process. Other organizations dealing with migration issues included the National Employment Service, the State Social Service and the Institute of Social Insurance. The Ministry of Labour, Social Issues and Equal Opportunities was also the main and competent authority for concluding employment agreements with other countries.
Mr. Sulkaj said that the Ministry of Foreign Affairs also had the responsibility for the protection of the rights of Albanian nationals working abroad; it was also the principal participant in the signature of bilateral or multilateral agreements ratified by the Republic of Albania and also for the signature of Readmission Agreements. The Ministry of Interior had a dual role: the control of the admission of foreigners and the control of Albanian nationals leaving the country. The Ministry of Education and Science controlled organization of compulsory education, the secondary general schools and the vocational schools attended by pupils from the age of 6 to 18 years. Additional priorities of the Ministry of Education and Science included the establishment of Albanian cultural centres in host countries, especially Italy and Greece, the creation of conditions for the qualification of teachers, and the implementation of the existing national educational programmes.
The Ministry of Justice participated actively in the policy of employment abroad. With its legal amendments, it took the necessary steps for preventing and penalizing abuses which threatened the rights and freedoms of migrant workers ensured under the International Convention. The Ministry of Culture, Tourism, Youth and Sports drafted plans and developed the national policies in the fields of tourism, culture, youth and sports. The Ministry of Economy, Trade and Energy drew up and enforced policies that encouraged economic growth and stability. The Ministry of Health developed health policies and defined and drafted the development and the plan of health services at the national and regional level.
Mr. Sulkaj said that Albania was confronted with the problem of collecting statistical data about migration, which was not regular or periodic. This was due to a number of factors related to the organization and operation of the public bodies that dealt with migration. Recognizing this challenge, the respective organizations were taking the first steps for keeping the required registers not only by the Migratory Policy Directorate, but also in Local Regional Migratory Employment Offices.
In terms of Albanians working abroad with irregular status, Mr. Sulkaj said that in recent years the numbers had decreased. This decrease had been supported by projects aimed at supporting the voluntary return of Albanian nationals and helping them with the establishment of micro-enterprises and employment. From 2005 to 2007, 500 Albanian nationals returned from Italy under the programme “welcome Again”.
The Convention was promoted in Albania through publication in the Official Gazette, the publication of specific manuals focused on migration issues, advertisements on television, information on the website of the Ministry of Labour, Social Issues and Equal Opportunities, information provided by the diplomatic and consular representatives of the Republic of Albania abroad, and leaflets and brochures on migration themes were also published and made available.
Mr. Sulkaj noted that Albania had ratified the eight core labour rights conventions of the International Labour Organization, as well as the revised European Social Charter. The right to create independent trade unions and employer associations was guaranteed, however the large scale of the informal economy meant that these organizations were still weak. Also, social dialogue was still at an early stage and needed to be reinforced. The Labour Code recognized the right to collective bargaining, but effective collective bargaining remained difficult and agreements were hard to enforce. Mr. Sulkaj said that strengthening of the National Labour Council was needed. Despite the ratification of International Labour Organization conventions on minimum working age and the worst forms of child labour, employment of children remained an issue of serious concern as a number of children left school to work; labour inspections needed to be stepped up to fight this trend.
Regarding labour law, Albania’s legislative framework partly covered a number of basic principles laid down by the European Union acquis. However, several adjustments to national legislation would still be necessary in order to fully transpose and implement the acquis in the field of labour law. For example, legislation similar to the European Union directives on information and consultation at the national and transnational level was lacking. The State Labour Inspectorate was responsible for monitoring and enforcing legislation on health and safety at work. It had 12 regional directorates, but certain sectors were excluded from its scope of authority such as agriculture and matters related to exposure to biological agents at work, which substantially affected the uniform implementation of health and safety at work.
Questions by Experts
An Expert noted that the report of Albania said that one third of the Albanian population lived outside the country. This was a large number and Albania had ratified many international instruments that helped to protect the rights of Albanians living abroad as well as migrants within Albania. However, Albania had not ratified International Labour Organization Convention 118 and the Council of Europe’s European Convention, both of which could help in these efforts. Did the constitution or international agreements have supremacy in cases of a conflict?
What was the role of non-governmental organizations in the preparation of the report? The Expert also asked whether Albania had social security agreements with other countries to ensure that Albanians living abroad had a minimum standard of living. According to the report, Albania only had one social security agreement and that was with Turkey. With so many Albanians living abroad, it would be helpful to have additional agreements and more information on this topic was requested. The delegation was also asked to clarify whether temporary workers and their families had access to healthcare.
Turning to the readmission agreement with the European Union, the Expert asked for more information about this and how it worked as well as more information on the reintegration of returnees. Also, could migrant workers join trade unions and could their family members keep their work permits in the case of death or divorce? Had the number of unaccompanied children decreased and if so by how much and what was the relationship between unaccompanied children and trafficking in children?
Other questions Committee members asked included whether the Convention could be invoked directly in courts. Was Albania party to many labour agreements with other countries and if so did they deal with protecting Albanians abroad or with migrants who came to Albania? What was the opinion of the Government as to the effectiveness and usefulness of such agreements? In terms of texts written by the Council of Ministers, were these considered legal texts and did they have the effect of law? Had the National Integrative Strategy of Border Management added to the handling of migration in a real and valued way? The delegation was requested to provide more information on entry visas. Did Albanians living abroad enjoy the right to vote and under what circumstances was this the case? Could the delegation explain the mechanism used by these private agencies that allowed them to collect information on people working abroad and transmit this to the appropriate ministries?
Committee members also asked whether there were any documents Albanians had to fill out before they left the country and requested more information on the role of the Justice Ministry in migration and ensuring the rights of Albanians living abroad. Additionally, a Committee member asked about an item in the report that mentioned the seizure of travel documents until debts were repaid and asked for more information on this. The delegation was also asked whether migrant workers were allowed to vote and stand for elections. What policies were in place to encourage or direct remittances from Albanians abroad and were the statistics used by the State reliable? Did the State communicate with Albanians abroad via radio broadcasts or other means to ensure the cultural links with the country of origin remained in place? Was there a coordinating mechanism in place to ensure coordination of all the agencies responsible for migration policy? Also, was there any quantitative data available on the readmission agreements signed with the European Union and any other States? How did the consular system work for migrants? Did it provide protection and assistance worldwide? What was being done to address the issue of unaccompanied minors?
Response by Delegation
Regarding the applicability of the Convention on Albanian legislation, the delegation said that article 122 of the Albanian constitution dictated that in the case of conflicts between domestic and international law, international treaty law prevailed over domestic laws. In terms of the contributions of non-governmental organizations to the report, the delegation said that since it was the first report of Albania before this Committee, non-governmental organizations had not been included in its drafting.
The delegation said that in terms of social security agreements, it was true that currently there was only one agreement in place, with Turkey. They were working to establish additional agreements with the Greek and Italy Governments since more than 60 per cent of Albanian immigrants lived in those two countries. They were also finalizing agreements with the Hungarian Government and they were working on similar deals with the French and German Governments. This was a financial matter and for some countries like Greece this was not the best time to pursue such matters, but they were forging ahead nonetheless.
The Government just finalized a strategy and action plan focused on Albanians working abroad who did not have papers for readmission. This was done under the training and supervision of the International Organization for Migration, which provided assistance to the Albanian Government.
Family members had the right to work documents even after cases of divorce or death. In the case of divorce, the consort was entitled to a work permit if there was a child born in Albania and had Albanian citizenship and that person was the custodial parent. The delegation said that workers had the right to join trade unions as long as they had work permits, and every Albanian person over 18 years old was eligible to vote. If a person was not living in Albania, they could not vote abroad.
In terms of unaccompanied minors, the delegation said this problem was more prevalent in the Roma community in Albania. It had decreased due to two factors, one being that the economic situation was not the same in Albania as in other places and because there was more control along the border when it came to children. The delegation mentioned measures that Albania had undertaken to combat the problem of unaccompanied minors, such as assistance to poor families.
Regarding the private employment agencies, there were eight such agencies that were licensed and overseen by the Government. Most of their activities related to the creating conditions and negotiating for Albanian employment abroad. They were required to provide information quarterly to the Government in terms of training courses they offered to Albanians and jobs they procured for Albanians.
In terms of employment agreements with other countries, Albania had an agreement with Germany from 1991 to 1993 and talks were underway for an agreement with Italy for seasonal workers from Albania. An agreement with France was almost finalized and Albania was also working with Greece, but that company’s economic situation meant that any agreement was on hold.
In terms of getting a visa for Albania, people had to apply in person at an embassy or consulate and if there was no embassy or consulate an entry visa had to be obtained in the nearest country where these representatives were present. The applicant had to have a valid passport that was good for at least 12 months. They also had to have a recommendation from a host in Albania and proof of financial and monetary support while in Albania. The visa applications then went to the Ministry of Foreign Affairs and the Ministry of the Interior and the applicant received an answer in 2 to 7 days and they could then pick up the visa at the consulate or embassy. A person could be considered undesirable if they entered the country illegally and a person could also be denied an entry visa.
The delegation said that the State had an employment promotion fund to encourage employers to hire people from marginalized or at risk groups. In terms of the National Action Plan regarding migrants, they were eligible immediately to ask for public assistance from local governments and they could also ask for educational help for their children. The delegation said that the statistics they had were gathered from various agencies and they were not satisfied as to the reliability of these figures. They were getting help from the International Organization for Migration and next year they would have a census which would provide better statistics, not only on migrants, but for the entire Albanian population.
Turning to the question of remittances, the delegation said usually these were in small amounts and thus far there had been no strategy to use this money in a better way. It was usually used for consumption by the persons who received them.
The delegation said that the Albanian embassies usually played the role of protecting citizens abroad, including those working abroad who encountered employment problems. In terms of communicating with citizens abroad, the delegation said that in the past the old Communist government used radio to spread propaganda to citizens living abroad, but today non-governmental organizations, civil society and the media worked to distribute information abroad. The Internet was also a good tool for reaching citizens abroad and the Government continued to work on signing regional agreements with other governments as a way of protecting the rights of citizens and reaching out to them abroad.
Follow-up Questions by Experts
A Committee member asked for clarification on whether the Convention was directly applicable in Albanian courts and whether it had ever been invoked in the courts there. In terms of the readmission agreements, the Convention contained guarantees for migrants that the agreements signed by Albania lacked, so which one had supremacy?
The Expert suggested that rather than signing different bilateral agreements on social security, perhaps Albania could ratify the European Agreement on Social Security which would be applicable to numerous countries and would be more effective than a piecemeal approach. Were there labour counsellors available at embassies and consulates to help citizens working abroad and would it be possible for people living abroad to vote at consulates and embassies?
Response by Delegation
The delegation clarified that anyone legally residing in Albania who was 18 years of age had the right to vote. Unfortunately at this time, the State did not offer the opportunity for Albanians living abroad to vote abroad. The election code was being revised so there might be the political will to change this rule in the future.
In terms of legal aid, the delegation said that there was no legal fund available so if people went to court they had to pay their own court costs. If a foreign national appeared before the court, it was the court’s responsibility to contact the embassy or consulate of that national to inform them that someone from their country was involved in a legal case. The State also did not cover the legal expenses of Albanians living abroad, although they could provide legal advice via consulates and embassies.
The State had taken many initiatives to help with the readmission of Albanians returning from abroad. Leaflets with information and local employment offices were two of the ways in which the State provided information and assistance to these returnees. These employment centres offered information on housing, education, and employment and helped bridge the major problem for returnees, which was lack of information to available services. The International Organization for Migration had helped the State with these initiatives. Albanians who returned from abroad were also immediately eligible for social assistance if they needed it.
A number of ministries were involved in addressing the needs of the Albanian community abroad including the Ministry of Interior, the Ministry of Foreign Affairs and border control. These offices assisted emigrants with everything from establishing cultural centres in the host country, to educational, legal and employment matters. Turkey, Greece, Italy and the United States were the countries with the highest populations of Albanian immigrants and Australia and parts of Asia and Africa also had Albanian citizens living there. The outreach work of the Foreign Ministry had been greatly helped by the Internet, both in reaching immigrants within Albania, but also for Albanians living abroad.
Additional Follow-up Questions by Experts
An Expert asked about the police ethics code under which police could not discriminate against people based on migration status. Had any cases ever been tried in courts under this law?
Another Expert said it was important to afford Albanians abroad the right to vote and made recommendations as to how this could be accomplished. It might be helpful to study what other countries had done in this regard and to gather examples of best practices in order to implement a plan for their nationals who lived overseas to give effect to their right to vote. Pressure should be brought to be bear on political parties to ensure that the political will to address this issue was present.
The next speaker reiterated their question on trade union rights and what happened to families of migrant workers when those workers divorced or died.
Response by Delegation
In terms of police brutality or ill-treatment of migrants, the delegation said according to the information at their disposal there were no cases in which police were accused of such acts or violations towards immigrants. Thus, there was no data related to prosecutions of such cases.
The delegation said that regarding the protection of immigrants and their families, there was a domestic law that protected them as well as the provisions of the Convention.
Due to the fact that Albania was a developing country, it only had 20 years of experience with the voting process so this had to be taken into consideration. While money was an issue, finances were not the only consideration; Albania did not have the experience of more developed countries in terms of the electoral process so it was working hard to consolidate this right within its borders and this had to be taken into consideration when considering the barriers to voting abroad.
Regarding questions related to trade union rights for immigrants, foreigners living and working in Albania had to be there legally to have the right to form or join trade unions. In the case of the death of a migrant worker, the residence permit would expire at its normal expiration date, not upon the death of the worker.
Turning to the question of returning migrants, the delegation said in order to qualify for the social assistance scheme, one had to meet certain minimum levels of income as well as other requirements, but those returning migrants automatically qualified for the social assistance if they could prove they were returning from abroad. Other vulnerable groups such as Roma persons and women at risk of human trafficking also qualified for assistance.
Additional Follow-up Questions by Experts
A Committee member asked whether Albania had sought technical assistance from international organizations. Various institutions might be able to help Albania achieve its objectives in meeting the provisions of the Convention.
Another Expert said that the concern of the Committee was not only to review implementation, but also to frame recommendations and learn of progress being made in relation to issues of migration. On that topic, the Expert asked to what extent was the State pursuing bilateral agreements to help protect Albanian migrants living abroad?
Response by Delegation
The delegation said that the State had asked for technical assistance and organizations had been assisting them in implementing the provisions of various treaties, particularly those dealing with human rights. The International Labour Organization had been a great help in terms of amending legislation relating to the labour market and other work related issues and the same could be said of the International Organization for Migration in terms of legislation regarding immigration and emigration.
The State was aware of violations of Albanians’ rights abroad and they had been working through embassies and consulates to address these violations. They had the strongest networks in places where they had the greatest numbers of emigrants, such as Italy and Greece. The media has also been helpful in publicizing human rights violations.
The delegation said it would try to develop more bilateral agreements with countries to further ensure the rights of its citizens abroad, including social security rights.
Concluding Remarks
MEHMET SEVIM, Committee Member, in concluding remarks noted that this had been a fruitful dialogue. Through participation in various initiatives, including several projects to integrate migrants upon their return to Albania, the State party had shown that it was committed to human rights. Mr. Sevim said he was concerned, however, by readmission agreements that lacked guarantees for migrants and he hoped the next report would include input from non-governmental organizations and civil society. It was important to study the best practices of other States that had found ways to allow their nationals to vote abroad. The situation of unaccompanied minors was another issue of concern, although the numbers were decreasing.
ABDELHAMID EL JAMRI, Committee Chairperson, thanked the high-level delegation for joining the Committee and for answering the written questions addressed to them. The Committee members were happy with the quality of the dialogue and the clear answers provided to the questions put to them. Mr. El Jamri said this was a work in progress and that was why there was a follow-up system in place, to keep the process moving along. The Committee was very much their partner and Albania could count on it for assistance. He urged Albania to continue the dialogue with the Committee and thanked everyone for their participation.
KASTRIOT SULKAJ, Deputy Minister of the Ministry of Labour, Social Issues and Equal Opportunities of Albania, thanked the Committee members for a constructive dialogue and said their recommendations would be carefully reviewed and where appropriate implemented. He thanked them for being realistic when reviewing the situation in Albania, and said he appreciated the Committee’s warmth and professionalism.
For use of the information media; not an official record
CMW10/008E