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European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3


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6. IMPLEMENTATION OF THE STABILISATION AND ASSOCIATION AGREEMENT



6.1 JUSTICE, FREEDOM AND SECURITY




  • Follow-up of visa liberalisation

The monitoring process of the visa liberalization for the Albanian citizens towards EU/Schengen countries has been one of the main mechanisms where Border Police is based on to reduce negative phenomena and in particular those related to asylum seekers and their exceeding period in the EU/Schengen countries.


Border and migration police authorities have constantly monitored visa liberalization process. The monitoring process has mainly consisted in the implementation of the Agreement and Memorandum of Understanding on exchanging information on asylum and migration issued with Austria and United Kingdom.
In the framework of cooperation with EU countries and in particular with France there have been organized two operations on repatriation of the Albanian citizens who had violated rules in Schengen space with the involvement of the Albanian police in these operations.
The action plan of the General Director of the State Police No. 2985, dated 29.04.2014 has been prepared and approved on the prevention of illegal asylum seeking cases by Albanian citizens to EU countries. Concrete measures have been foreseen in this Action Plan for all police structures in order to minimize the phenomenon.
Monitoring visa liberalization process
During 2014, 4.148.107 Albanian nationals have been travelling toward EU/Schengen countries and the entry in these countries has been turned down to 12.867 people.

During 2013, 3.797.958 Albanian nationals have been travelling toward EU/Schengen countries and the entry in these countries has been turned down to 11.946 people.







2013

2014

Difference in %

Exits from Albania

3797958

4148107

+9.2%

Refusal to entry in EU

11946

12867

+7.7%

It results that in 2014, 68% of citizens have been refused to enter Greece while the remained part, 32% have been refused to entry in other EU countries. In 2013, 63% of citizens have been refused to enter Greece while the remained part, 37% have been refused to enter in the other EU countries. This occurs because of direct maritime communication from Durres and Vlora, as well as direct flights from Tirana airport towards Belgium, Austria, Slovenia and Germany.


As for the Albanian nationals deported from EU/Schengen it results that during 2013, the number of Albanian citizens returned from EU countries and readmitted by Albania was 15.289 while during 2014, the number of returned/readmitted was 21 142.
During 2014, 106 special flights (charter) from EU/Schengen countries toward Albania with 1553 Albanian returnees on board have been carried out.





2013

2014

Difference in %

Readmitted

15289

21142

+28%

In the framework of the implementation of the standard procedures and visa liberalization monitoring process, during 2013 there have been carried out 7308 refusals to Albanian citizens exiting Albania and for 3315 of them the refusal was carried out because of their previous deportation from EU/Schengen countries and they do not have the right to enter this territory.


While during 2014, there have been carried out 11923 refusals to Albanian citizens exiting Albania and when compared to 2013, the data results in a considerable increase by 4615 more Albanian citizens refused to exit during 2014, or approximately 24% more.





2013

2014

Difference in %

REFUSE TO EXIT

7308

11923

+24 %

Concerning measures taken by Border and Migration Police to identify the Albanian citizens who seek to change their generalities in order to avoid the refusal to entry in Schengen countries, it results that during 2013 there have been done 2870 requests to change generalities while these requests for 2014 have been reduced in only 261, due to the Law No.130/2013 “On some amendments and addenda” in the Law No. 10129, dated 11.05.2009 “On civil status” amended.


Informing campaigns


  • A commercial has been prepared and transmitted in the Media to raise the awareness of the Albanians in order that they respect the rules of entry and stay in Schengen countries by eliminating the abuses with the right to circulate without visas in EU”;

  • The returns in Albania of the Albanian nationals who have abused with the free visa regime have been transmitted in the Media. Also, messages of ambassadors of the EU countries have been broadcasted in order to raise the public awareness on respecting the rules of visa free regime in the EU countries.


  • Follow-up of the 2014 Progress Report and the conclusions of the May 2014 Subcommittee meeting, (Except issues already discussed under point3), with particular focus on the implementation of the law against discrimination, progress in the areas of gender and children's rights, protection of minorities including Roma.




Handling cases by the CPD
According to the Law No 10221 of 2.04.2010 "On Protection from Discrimination”, the assistance to victims of discrimination is achieved through:

  • Examining cases by the CPD

  • Assistance to the victims in courts

In the period from January 1st 2014 until December 31st 2014, the CPD has handled a total of 308 cases (290 complaints and 18 ex-officio cases). From these, 180 cases (172 complaints and 8 ex- officio cases) recorded in 2014, and 128 cases (118 complaints and 10 ex – officio cases) carried over from 2013. During 2014, 166 complaints have been submitted to the CPD, from which 166 complaints from various individuals and 6 complaints from organizations with a legitimate interest. We estimate that individual complaints are expression of community increased awareness on the Law "On Protection from Discrimination" and the remedies provided by it.


In 2014, the Commissioner for the Protection from Discrimination has finished the administrative proceeding and come out with 209 decisions, from which in 32 cases has ascertained discrimination. The CPD has given 3 decisions which impose sanctions by fine to subjects who have not made available to the CPD the information requested based on the Law10221/2010"On Protection from Discrimination”.
Meanwhile, from 1 January to 9 March 2015, 16 new complaints have been submitted and 2 administrative investigations (ex-officio) were initiated by the Commissioner for Protection from Discrimination. During this period, the CPD has taken 20 decisions.
During2014, it is noted a significant increase of participation of the Office of the Commissioner for Protection from Discrimination in judicial processes. During 2014, the CPD has participated in 18 judicial processes (in 2012 the CPD has participated in 3 judicial processes, in 2013 in 6 processes, 3 of which were carried out from 2013), from which: in 6 cases the CPD was the respondent party, in 3 cases the CPD was the third party in a process, in 6 cases the CPD has provided a written opinion to the court on cases of discrimination and in 3 judicial processes initiated by the CPD, with its request, for providing Orders of Execution by court for the fines imposed by the CPD for non-implementation of its decisions by the subjects found responsible for discriminatory behaviour.
Drafting, publication and distribution of awareness materials and training manuals
During 2014, the Commissioner for Protection from Discrimination has drafted, published and distributed a series of awareness and informative materials, where we list:

  • Informative Brochure “Protection of Minorities in Albania pursuant to the Law on Protection from Discrimination”8. This brochure has been prepared in Albanian, English and Romanian (1000 copies published), from which have been published 1000 pieces of Brochures in Albanian.

  • Publication of a translated “Summary of decisions of the EU Court of Justice, European Court of Human Rights, and Equality Bodies” in 1000 copies. This publication is distributed initially in all Courts of First Instance of Albania, Courts of Appeal, Supreme Court, Constitutional Court, Public and Private Universities and NGOs that defend human rights.

  • Manual "Protection from Discrimination-Training Manual for NGO-s”. This manual was published in 1500 copies and is available in Albanian.

  • The Manual "Protection from Discrimination of Marginalized Ethnic Minorities", realized under the SSIREC project.

  • The booklet "Report Discrimination!” under the SSIREC project, in 1000 copies.

  • A “Summary of CPD decisions and Opinions of the Board of Experts” was published in English and Albanian in 800 copies.

  • Publication of the “Source Guide on the Protection from Gender Discrimination in Economic Sector”.9

  • Leaflet "Information sheet for public officials on LGBT issues"10 published in cooperation with the state institutions and Pink Embassy and distributed in various activities.

  • The CPD has developed a Draft "Commentary on the Law "On protection from discrimination” in December 2014.

  • An Informative Brochure “On provision of goods and services” was drafted by the CPD.

  • An Informative Brochure “On employment in the public and private sector” was drafted by the CPD.


Organization of trainings by the CPD
The CPD has organized 5 (five) trainings with judges of Courts of First Instance, on the Law “On Protection from Discrimination”, in cooperation with the Albanian Human Rights Group and the School of Magistrates, supported by the Netherlands Embassy in Tirana.
The CPD has organized 4 (four) trainings for 180 LGU employees, under the project "Support for Social Inclusion of Roma and Egyptian Communities (SSIREC)”.
The CPD has organized 3 (three) trainings with representatives of NGOs that protect human rights, under the project “Together for the protection and promotion of the rights of discriminated persons", of the Albanian Helsinki Committee in partnership with CPD, sponsored by Swiss Cooperation Office in Albania.
Organization of Open Days
Open Days conducted from CPD are provided as one of the components of the three projects being implemented in collaboration with international and national NGOs (OSCE/ODIHR, UNDP, AHC). The CPD has developed a total of 10 (ten) Open Days, in which have participated about 385 participants from different vulnerable groups. During February 2014 were conducted three community awareness meetings with Roma/Egyptian communities in Berati, Pogradeci, Vlora11. During November 2013 - February 2014, were held four Open Days in Korça, Lezha, Shkodra and Kukësi.12 During December 2014 were held three awareness activities in Tirana.
During the Open Days were also distributed leaflets and informative brochures on the Law "On Protection from Discrimination", in minority languages and in accessible formats for blind people (Braille writing).
Studies and monitoring on discrimination
During 2014, the CPD has drafted 1 - Study On the situation of discrimination of Roma community”, 2 - StudyFor the protection and respect of the rights of LGBTI community in Albania”.
During 2014, the CPD has launched two monitoring: 1 - Monitoring on the implementation of the Law “On Protection from Discrimination” in the private sector in the field of employment.This monitoring is focused in particular to the access of vulnerable groups in employment. 2 - Monitoring on the implementation of the Law “On Protection from Discrimination” from the courts. The methodology was developed and during 2015 will end the monitoring.
Legislative Recommendations of the CPD
The Commissioner for Protection from Discrimination has sent legislative recommendations aiming at alignment of the existing legislation with the concepts, standards and provisions of the Law “On Protection from Discrimination”. In this regard, the Commissioner has aimed legislative approximation, mainly in relation to:

  • protected grounds of discrimination for which is offered protection

  • forms of discrimination

  • distribution of the burden of proof

During 2014, the CPD has sent 7 (seven) legislative recommendations regarding amendments to the Criminal Code, the Code of Civil Procedure, the Electoral Code, the Transmission Code, Family Code, Law no. 9355/2005 "On social assistance and services", Draft Code of Administrative Procedure.


For information regarding progress in the areas of gender and children's rights, protection of minorities including Roma please refer to the information provided in Priority 5.

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