European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3
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During the third quarter of 2014 in Albania:
During the third quarter of 2014 in Albania:
Employment promotion programs For 2014, state budget funds for employment promotion programs were ALL 271 million and 3,975 persons have benefited of whom 62% women or 2,417. 60% have benefited from the garment industry. 41% have benefited from particular groups of unemployed job seekers, 30% long-term unemployed; persons provided economic assistance 7%, younger up to 24 years 34% and 4% from the Roma community. During this year there are implemented 6 programs which are listed below. For 2015, state budget funds for employment promotion programs will be ALL 450 million. 30% of these funds or ALL 150 million will cover youth employment. Six programs to be applied are the followings:
Social Protection Legislative measures Adoption of the Law No 47/2014 of 24.04.2014 “On some addenda and amendments to Law No 9355 of 10.03.2005 “On social assistance and services”, as amended, which assures the inclusion of people in need, and improving the criteria and procedures to benefit from social protection program. They reviewed means of economic assistance for victims of domestic violence and as well as it was envisaged the appeal procedure due to the fact that until now no deadlines and appeal structures were envisaged prior the individual take the case to the court. It was re-dimensioned cash benefits to persons with disabilities so that payments coming from the same program benefits (social protection) are re-allocated more efficiently and cases of abuse are avoided. The Law “On some addenda to Law No 10171 of 22.10.2009 “On the regulated professions in the Republic of Albania”, as amended, which includes professions of social workers and psychologists. It has been approved the Law No 163/2014 of 4.12.2014 “On the Order of Social Workers in the Republic of Albania”. It has been approved Decision of Council of Ministers No 375 of 11.6.2014 “On some addenda and amendments to the Decision of Council of Ministers No 904 of 12.12.2012” that provides for the right for the female spouse to withdraw and take over the economic assistance and for some changes in the application form. It has been approved Decision of Council of Ministers No 838 of 3.12.2014 “On some addenda and amendments to the Decision of Council of Ministers No 904 of 12.12.2012 that grants the right for children of economic assistance families to benefit assistance during the attendance of compulsory education aiming at promoting their education and for their immunization. Decision of Council of Ministers No 376 of 11.06.2014 “On some addenda and amendments to Decision of Council of Ministers No 787 of 14.12.2005 concerning education and immunisation supplement for children of economic assistance families in non-pilot areas” was approved. The Decision of Council of Ministers No 837 of 3.12.2014 “On recognition of sign language” has been adopted and it aims the recognition of sign language to assist the Albanian community of persons having impaired hearing in order they have access to the information offered by local institutions, as well as to enjoy the same rights as other citizens in the Republic of Albania. This decision provides MOSWY as the authority responsible for the coordination and evaluation of legislation, policies, and programs related in this field as well as develop a structure for actions to be taken. Decision of Council of Ministers No 582 of 10.09.2014 “On an amendment to the Decision of Council of Ministers No 846 of 27.09.2013 on transferring the administration responsibility from the Ministry of Defence to the Ministry of Social Welfare and Youth of some objects and functional land, part of the property No 84, located in Shish-Tufinë, Tirana, and on an amendment to Decision of Council of Ministers No 515 of 18.07.2003 “On the approval of the inventory list of state immovable property, which the administration responsibility is transferred to the Ministry of Defence”, as amended. Decision of Council of Ministers No 840 of 3.12.2014 “On some addenda and amendments to the Decision of Council of Ministers No 114 of 31.01.2007 “On defining the contributions of persons located in public residential institutions of social care services” that included two more categories (victims of domestic violence and victims of trafficking ) and reviewed the benefits. Decision of Council of Ministers No 839 of 3.12.2014 “On some addenda and amendments to the Decision of Council of Ministers No 425 of 27.06.2012 ‘On defining the criteria and documentation necessary for the admission of persons in public and non-public residential institutions of the social care” was approved. According to this Decision of Council of Ministers, the initiative for admission of victims of domestic violence in public and non-public shelters is undertaken by the responsible structures despite the existence of the Order of Protection / Immediate Order of Protection. Guideline No 8 of 23.06.2014 “On estimating the economic assistance in pilot areas”, which calculates the amount of the benefit under the family structure. Guideline No 9 of 23.06.2014 “On the implementation of the Decision of Council of Ministers No 904 of 12.12.2012 ‘On defining the criteria, procedures and documentation to benefit from economic assistance, in pilot areas”, provides the means of application and benefiting from the economic assistance. Guideline No 15 of 5.11.2014 “On some addenda and amendments to the Guideline No 338/3 “On the implementation of Decision of Council of Ministers No 787 of 14.12.2005” made possible changing the payrolls for the economic assistance. Furthermore, the payments of persons with disabilities have been revised according to consumer prices index (inflation) by Institute of Statistics (INSTAT) with the following guidelines: Guideline No 12 of 29.09.2014 “On the implementation of the Decision of Council of Ministers No 31 “On benefiting from the status of paraplegia and quadriplegia”, as amended. Guideline No 13 of 29.09.2014 “On the implementation of Decision of Council of Ministers No 618 “On defining the criteria and the documentation and amount of benefiting for persons with disabilities”, as amended. Guideline No 14 of 29.09.2014 “On the implementation of Decision of Council of Ministers No 277 “On the benefits of the status of blind”, as amended. Guideline No 10 of 3.07.2014 “On some amendments to the Guideline No 1945 of 4.10.2010 “On the implementation of Decision of Council of Ministers No 617 of 7.09.2006 “On determining the evaluation and monitoring indicators of the economic assistance programs and the payment to persons with disabilities and social services” has been approved. This Directive was drafted in the context of the implementation of the Protocol on Global Condition of Disbursement, and included other statistical indicators too, related to the economic assistance, persons with disability and foster care service. Guideline No 2 of 10.03.2014 “On the procedures for analyzing the licensing application of the entities performing social care activities”. Joint Guideline of the Minister of Social Welfare and Youth, Minister of Finance and Minister of Energy and Industry No 1 of 2.02.2015 “On the implementation of the Decision of Council of Ministers No 8 of 14.01.2015 “On the protection of vulnerable groups from removing the threshold up to 300 kWh for the billing of electricity price”. Activities The adoption of the legal framework and completion of digitizing economic assistance scheme during the first six months, opened the way for piloting a new scheme of economic assistance which begun in June 2014 in three pilot regions Tirana, Durrësi, Elbasani. These regions consist of approximately 40% of total population and with greater dynamic movements from rural to urban areas, from mountainous areas to coastal and central areas. This scheme defines a new way of application, where through the use of scoring formula it is intended to better target the poor families and increase the efficiency and parity in the economic assistance scheme. It has already been completed the establishment of National Electronic Register of the beneficiaries of economic assistance with an online integrated system involving all institutions. In order to have a more transparent and communicative reform it was conducted the “Albania Solidarity” Communication campaign, consisting in open meeting with the citizens, distributing handouts, leaflets, posters in the three pilot areas Tirana, Durrësi, Elbasani. The implementation of these activities has enabled awareness of the citizens with the procedures, criteria and the documentation they must fill in related to the implementation of the new approach of upgrading/modernizing the economic assistance. During 2014, persons with disabilities have been part of the policies and programs undertaken to guarantee and respect their rights, support, rehabilitation and integration in the society. In the social protection program, person with disability constitutes the largest category in terms of their growing number and consequently the large portion of the fund of this program is attributed to this category. In addition to this, it was completed the payment index of the payments for person with disability based on the consumer price index (inflation) which according to INSTAT was 1.5%. The process of indexing the payments is carried out according to the legislation into power. During 2014, according to the World Bank project “Modernization of Social Assistance”, has started the process for restructuring the evaluation of the person with disability in Albania, which includes: (a) rewriting existing evaluation criteria and definition of disability; (b) designing a new multidisciplinary process for determining disability; (c) setting up structures for assessment and determination of disability; (d) reforming of benefits for non-contributory scheme and eligibility criteria; (e) information and communication digitization; and (f) drafting of new legal framework. Actually we are working on drafting the technical specifications for the establishment of an electronic register for persons with disability. In collaboration with two contracted experts (international and local) we are working on the process for reforming the evaluation system for disability in order to change and transform this system towards a bio-psycho-social model fulfilling the up to date and modern standards, the recommendations of the Convention on the Rights of Persons with Disabilities and inserting the criteria of the International Classification of Functioning, Health and Disability. Based on the Joint Order of the MoSWY and Ministry of Health, we are closely working with a team of doctors on revising the existing criteria for evaluating and determining disability. MoSWY has initiated the process for reforming the social care services. We are currently working on drafting the Social Protection Strategy 2015 – 2020, the first draft of which has been presented and consulted with the donors and civil society. In cooperation with UNICEF, we have been involved on designing the decentralized social care services and integrated services. It has been attained few scenarios in regard to decentralization of social services setting out the role of central, regional and local levels, as well as the role of the State Social Service. Efforts to further consolidate the process of de-institutionalization were realized relying on concrete measures on the implementation of the project “Innovative social services for vulnerable groups: standards for decentralization”. This project is monitored, coordinated and consistently followed by the respective department within the Ministry, throughout 2014. With regard to de-institutionalization of social care services the project “Innovative social services for vulnerable groups: standards for decentralization” is under implementation with the engagement of our institution. This project ensures: Setting up new services at residential centres for people with disabilities, children without parental care and the elderly; drafting and adoption of standards, procedures and guidelines at the national level for the management of social care services for vulnerable categories; promotion, organization and evaluation of volunteer service to vulnerable groups. Positive results have been achieved based on the monitoring of this project. The following describes the areas of such achievement:
With the support of UNICEF, it has been conducted the analysis of the situation in residential institutions for child care finalized with a concrete action plan identifying the measures to be taken from the Albanian Government to achieve this objective: No more children be located in institutions up to 2020. Taking into consideration the above-mentioned objective, it has been organized the national round table for De-Institutionalization in Albania: Children Care without Parental Care: Moving Forward. During this activity was presented the evaluation report of the beneficiaries of public and non-public entities of the children social care. This activity was concluded through drafting the action plan for concluding the process of de-institutionalization in social care institutions that provide residential services for children / children with disability. During 2014, four residential social care services are granted the license. Such services consist of two new services for elderly and two other services are the existing one which have contracted new administrator for the service management. There are currently licensed 160 providers of social services for orphans and social problems children, for persons with disabilities, the elderly, for women and girls in need and victims of trafficking, street children, etc. In comparison with previous years, the number of licensed associations has changed, but we are not able to say if there has been a growing trend of them. Social Inclusion of People with Disabilities Following the ratification of the UN Convention on the Rights of Persons with Disabilities, the Parliament approved the Law No 93/2014 of 28.07.2014 “On the inclusion and accessibility for Persons with Disabilities”. This framework law brings new definition of disability including all categories of disability based on the concepts of autonomy and independence for persons with disabilities. The law aims at equality, non-discrimination, elimination of barriers, cooperation and participation / full involvement of persons with disabilities into the society. The process of drafting and approving the law was associated with a wide consultation with all line institutions and groups of interest. Consultation sessions were conducted at the local level, at the political level as well as in Parliament. In accordance to the Law No 93/2014 “On inclusion and accessibility for persons with disabilities”, it was approved the Decision of Council of Ministers No 48 of 21.01.2015 “On approving the Regulation ‘On the functioning of the National Council on Disability”. This Decision along with the Order of Prime Minister No 12 of 9.02.2015 “On the establishment of the National Council on Disability”, define the procedures for establishing the Council. This Council will have a broad participation and enable the consultation of complex problems in a ministerial level, while promoting and monitoring the implementation of the legislation. At the same time, we are working on drafting other bylaws for inclusion and accessibility of persons with disability. Given that it was found a low level of construction adequacy and the necessity for generating construction adequacy conditions for persons with disability in state facilities, a working group was set up pursuant to the Order of Prime Minister No 239 of 11.12.2013 “On setting up the Inter-Ministerial Group for the implementation of construction adequacy rules in state central and local institutions”. This process is in compliance with the definition in Article 3 of the Law “On inclusion and accessibility of people with disabilities” and the infrastructure bottlenecks, including those in apartments, public spaces and services”. The definition of modalities, follow up of this process, and the organization of meeting with the members of working groups were carried out in cooperation with the Faculty of Architecture and Urban Planning; UNDP technical assistance and with line institutions and consequently it was created a base of 70 objects along with draft action plans and possible interventions for adequacy. Furthermore, the abovementioned were submitted for review/suggestions to related ministries. Contribution of the working group participants made possible organization of trainings on construction adequacy rules, mainly with the Decision of Council of Ministers No 1503 of 19.11.2008 “On approving the Regulation “On the use of the facility by persons with disabilities” in cooperation with UNDP. Ministry of Social Welfare and Youth with the support of UNDP Project “United Nations support to the Social Inclusion in Albania” financed by the Swiss Development Cooperation held trainings with local government representatives to strengthen the capacity of local structures aiming at integration of disability issues into policies, plans, programs and budgets of local government and on the other hand strengthening the capacity of construction experts toward the implementation of these rules and standards on their professional activity. Furthermore, considering the United Nations project on Social Inclusion in Albania it was organized a training session on “Training of Trainers” with representatives from state and institutions and civil society, focused on “Implementation of the Convention on the Rights of Persons with Disabilities aiming at the inclusion of persons with disabilities as equal Albanian citizens”. Ministry of Social Welfare and Youth, provides special programs for the promotion of persons with disabilities. Given that for each employed person there is a complex plan that includes counselling and vocational orientation, persons with disabilities have benefited from these services. Meanwhile, the Decision of Council of Ministers No 248 of 30.04.2014 “On the employment incentive program for persons with disabilities”, during 2014, made possible the reduction of the security of employees, when they employ persons with disabilities. Such arrangements will encourage the employment of persons with disability in the private sector. ROMA Community During this period we have been involved on implementing the measures according to the National Strategy “On the improvement of the living conditions of the Roma Community” and the Action Plan “Decade of Roma Inclusion” with close cooperation with the line ministries, local government structures, NGOs representative of Roma and Egyptian Community, and various donors to clearly address their financial assistance to improving the living conditions of these communities. After the high-level seminar “The inclusion of Roma and Egyptian Community – New challenge toward the social development of Albania” organised on 20 – 21 February 2014, focused in interactive discussion among the state, civil society, Roma and Egyptian organizations as well as renowned international experts in this respective field. In this regard, it resulted on concrete actions and steps for each priority area of the 5th Recommendation of the European Commission, as well as of the Decade of Roma Inclusion Plan (2005 – 2015), in order to ensure that each responsible institution will undertake real interventions to improve the socio-economic situation of these communities. Recommendations that resulted from the workshop were discussed with all stakeholders responsible for implementation of strategic documents and the final draft of these recommendations with all proposals reflected in the document was considered as approved by the Government and the European Commission. Based on the abovementioned recommendations, during the second half of year the Social Inclusion Department coordinated the work for the development of the monitoring action plan for Roma and Egyptian communities integrated as part of the Social Inclusion Strategy 2015 – 2020 in line with the Albanian government program in the field of social inclusion and in line with the international standards. In this regard, different consultative meetings and workshops have been organized which provided:
The action plan for the integration of Roma and Egyptian communities was drafted through a planning process with relevant participants. The guiding principles of this plan includes, among other things, an approach oriented towards human rights, minority rights, the focus of youth and gender equality etc. Lessons learned from the implementation and monitoring of the National Roma Strategy and Action Plan “Decade of Roma Inclusion” were essential on drafting the new action plan. Special attention was paid to developing a harmonized process of the plan with territorial administrative reform, reorganization of the social reforms and decentralization. In addition to this, during this year the inter-ministerial group on Roma has met twice, at the beginning of the year to ensure the commitment of line ministries for the successful organization of the workshop and at the end of the year aiming at the full involvement of line ministries in drafting the new Action Plan for Roma and Egyptian Community. This action plan states concrete activities and responsibilities associated with the budgets and the relevant responsible institution. Regarding the International Roma Day (8 April), we have been involved on organizing some socio-cultural activities held at the premises of the National Museum. The program included among others a fair with the works of a Roma visual artist, who exhibited his works inspired by Roma tradition and each of the works specifically delivered its message; video documentaries about art and culture and a concert with about 11 Roma instrumentalists who performed elaborated Roma music under the slogan “equal in diversity”. Regarding the education, during the academic year 2013-2014 the number of Roma children part of preschool education system was in total 4219, compared with 4085 during the academic year 2012-2013. During the actual academic year, there are 93 Roma and Egyptian teachers, majored in teaching, of which 86% (80 teachers) are employed in the education system, respectively: 10 in kindergarten, 56 in primary education (1 Egyptian is the Head of the Primary School in Dibra) and 14 in secondary education and higher education. The 35 Roma teachers are employed under the profile holding diploma. During academic year 2014 – 2015 there are enrolled 4,437 Roma in compulsory education and 408 Roma in secondary education. 315 Roma and Egyptian students coming from Korça are granted scholarship /daily food quota of ALL 76 for 170 day. Ministry of Education and Ministry of Social Welfare and Youth in partnership with ARSIS (Social Organization for Youth Support) with the support of the Roma Education Fund (REF) have started implementing the project “Improving the educational attainment of young Roma and Egyptian of the ninth grade and their follow up until high school graduation”. In the context of this project, Roma and Egyptian students of 9th grades were granted 80 social scholarships (30 Euros per month for each selected student, 300 Euro per year). 3,370 Roma students have benefited free textbooks for the academic year 2013 – 2014, while 3,219 Roma students have benefited free textbooks and for the academic year 2014 – 2015. Regarding their registration in the registry office, during 2014 there have been organized meetings held in 12 district centres where there are large concentrations of Roma families. The aim was to identify unregistered cases and providing solving methods of such issues, in administrative or legal way. On the other hand, it has been working on registering the cases previously identified and based on this process there are registered 147 children, as late registrations. In regard to social assistance, 1,500 Roma and Egyptian families are selected in the social assistance scheme. 80 Roma third age persons benefit from daily and residential services where the total number of this kind of beneficiaries has reached 800. 155 Roma and Egyptian children in need and children with disabilities live in public and non-public social care institutions where the total number is 653 children. Services at the Emergency Transit Centre In the framework of protection, promotion and integration of the Roma community, the Ministry of Social Welfare and Youth after was granted the administration control of the former chemistry Regiment building, located at Shish-Tufinë, in order to use for setting up a residence for housing the families of this community, it was committed to the establishment and functioning of the Emergency Transit Centre and transform it in a complete social centre, to accommodate Roma families, which are unable for housing. The Center provided direct support for fulfilling the basic and psychosocial needs to 53 families of which 103 children and 103 adults (parents). State Social Service with the support of Terre des Hommes organisation has designed the psychosocial services, awareness, education, innovative and informing activities valid for supporting children and families with the purpose of their rehabilitation, welfare and reintegration into society. The activities for 2014 were focused on:
As regards the problem of human trafficking, the Criminal Code has been amended to address this phenomenon; victims of trafficking are now being offered financial assistance and social services at residential and reintegration centres. The government has also ratified bylaws for a better coordination of anti-trafficking activities at central and local level. For year 2014, 101 potential victims are accommodated in 4 residential centres, of whom11 are from the Roma and Egyptian communities benefiting from the above-mentioned services. As regards to the health issues, Ministry of Health, on February 2014, supported the proposal of Vodafone Albania Foundation, that Roma community be involved in the project of this association for basic health control through the use of telemedicine medical techniques. For this reason, it was made available the national location map of the Roma community identifying also the health centres nearby these communities. Vodafone Albania Foundation reports once a year and the monitoring are carried out jointly with the Ministry of Social Welfare and Youth and Public Health Institute. Furthermore, the Ministry of Health has supported the project of Save the Children during August 2013 – July 2014 “9 + 3 Healthy Maternity”. In this project were involved Roma women in the area of Kinostudio and Shkoza, based on which 86 women benefited from weekly information sessions regarding access at health services. 61 pregnant women were identified and benefited during pregnancy (four regular checks, medications support, supplements,) and 25 just-married women (future mother) benefited from the project, while 12 women were supported to be provided with health card. Immunization is a service provided free of charge to the entire population, including Roma and Egyptian children. Nurses in charge of immunization, go door to door to identify children and provide those vaccines. The migration of Roma and Egyptian families and the lack of education make them vulnerable every year. The Public Health Institute (PHI) makes screening of areas where Roma and Egyptian families live in order to identify unvaccinated children. During 2014, PHI initiated the procedure to cover more than 95% of every community and is currently working to adjust all relevant documents, to include in this way Roma and Egyptian community. Very often, nurses in charge of immunization, cooperate with social employees or mediators in order to improve communication with this community and to vaccinate more Roma and Egyptian children. PHI also has piloted immunization information system in Shkodra and is currently working in Lezha and Malësia e Madhe including children already vaccinated. All Roma and Egyptian children are vaccinated free even when they do not have papers, but in such cases they are identified from PHI. As regards housing issue, Ministry of Urban Development based on the Strategy “To improve the living conditions of Roma”, EC Recommendation (Priority No 5, road map) and the Law No 9232 of 13.05.2004 “On social housing”, as amended, has drafted terms of reference for projects related to improve housing conditions of Roma and Egyptian communities. The ToRs were submitted to all Central Local Units, enabling them (municipalities) to develop good projects aiming at improving conditions for Roma and Egyptian communities. In this regard, during the 2014 state budget, it was allocated a fund of ALL 30 million. Lushnja Municipality was the first local government unit that drafted and submitted at the Ministry of Urban Development the project on “emergency intervention in the Roma neighbourhood, Savër, Lushnja”. Upon receipt and evaluation of the project resulted that its implementation will significantly improve the lives of residents in the above-mentioned neighbourhood, more specifically the reconstruction of 22 apartments in total. The works constituted in building new roofs, doors, windows, plumbing joints, electrical systems. Construction of sewage wastewater served 75 existing families in this area. The financial value was ALL 30,000,000. The works completed in December 2014. In addition to this, in the budget of Ministry, there were allocated funds for projects on improving the housing conditions of Roma and Egyptian, with a value of ALL 42,000,000. Funds for these projects were distributed specifically to:
Phase 1 – Reconstruction of the Roma community housing, infrastructure and sewage interventions in the village of Morava, municipality Otllak with a value of ALL 15,000,000. During this phase there are reconstructed 19 Roma apartments. The works constituted in building new roofs, doors, windows, plumbing joints, and electrical systems. We emphasize that from the intervention in the sewage wastewater system benefited about Roma 50 families. The project ended on December 2014 Phase 2 – Reconstruction of the Roma community housing, infrastructure and sewage interventions, in the village of Morava. Ministry of Urban Development at this stage financed the construction of the main collector in which is discharged the sewage drainage financed under the first phase of the project of the Ministry of Urban Development and as well as the construction of sewage pipelines financed from UNDP in collaboration with the experts of the two institutions. During this phase there were reconstructed 5 more Roma houses. From the construction of the main collector benefited about 50 other families. The estimated value was ALL 11.5 million. Project ended on December 2014. As a result, 120 Roma families in total have benefited directly and indirectly from the implementation of both phases of the municipality Otllak.
Emigration The National Employment and Skills Strategy 2014 – 2020 has been approved by the Decision of Council of Ministers No 818 of 26.11.2014. A separate section of this strategy refers to employment migration. The strategy considers the management of labour migration as a complex phenomenon that requires intervention in some respects. At the same time it is assessed that must be some interference as:
The strategy for the reintegration of Albanian returnees from 2010 to 2015 is being implemented. Taking into consideration the action plan of this strategy, it has been organized different meeting with the contact points of the responsible institutions aiming at its implementation and exchange of information on Albanian citizen return cases. In this regard, there have been published leaflets with information about the returns on reintegration services and handbooks having the information on legislation delivered to the migration employees. Seminars and workshops have been organized discussing problems encountered from migration employee and aiming strengthening their capacity. During January – December 2014, pursuant to Order No 84 of 6.06.2011 “On the content of the register for immigrants and registration procedures” a total of 834 Albanian returnees were registered at the migration desks at the employment offices. Data on Albanian citizens returning from abroad can be found at Annex 6.5.3. Another part of the returnees has been added to the list of unemployed jobseekers that are interested and awaiting for a suitable job. There have been registered 2,209 returnees and at the same time resulting as unemployed jobseeker. Through analyzing their characteristics 656 of them or 30% are female, 80% of them are up to 45 years old. Regarding the educational level 38% of them have attended primary education (9 years school), 36% of them have attended secondary education, 19% have attended secondary vocational education and only 6.6% have attended university. The Joint Order between the General Directorate of State Police and the State Social Service have been implemented in order to take all the necessary steps for social treatment of unaccompanied minors who have returned back from other countries. This joint order defines the relevant tasks of each party before and after the return of children from migration During the period January – December 2014, State Social Service has conducted socio-economic assessments of 11 biological families of children before their return. 6 cases can be mentioned for children contacted at the border and escorted to their families. Social employees of the relevant Regional Directorate have followed up the reintegration of the child return at their family. NGOs like Terre des Hommes and IOM have financially assisted on three similar cases. The support provided consists of: health, education, housing when the need for housing has been submitted to residential institutions for children. Continuous monitoring of the social employee of the Regional Directorate of Social Services has concluded that 91% of repatriated children are reintegrated into school and family. Immigration The Law No 108/2013 of 28.03.2013 “On foreigners” provides access to foreigners having EU nationality in the labour market, to be employed in the Republic of Albania without applying for work permits. During 2014, there have been approved 18 Council of Ministers’ Decrees in implementing this Law. During May 2014, Decision of Council of Ministers “On exemption from liability for a work permit or certificate of work registration to the citizens of the Republic of Kosovo and the Republic of Serbian citizens of Albanian ethnicity” was approved. The list of the approved Decisions of Council of Ministers and the employability situation of foreigners in Albania is found at Annex 6.5.4. Positive changes will result in the future relating to the integration of foreigners, given that the Law No 108/2013 “On foreigners” envisages drafting and implementation of the National Program of Social Integration of foreigners from the responsible ministries. Public institutions have the legal obligation to cooperate, according to their competences, with social partners, non-governmental organizations and international organizations for the promotion and implementation of programs of integration of foreigners into society. The law envisages that in all activities conducted, public institutions and NGOs provides to foreigners protection against any form of discrimination. The law gives consideration to the prohibition of direct and indirect discrimination by legal public and private persons throughout the process of immigration for employment. On 15 – 16 October 2014 it was held in Tirana the training on “Best Practices of migrants’ integration in accordance with OSCE commitments”. OSCE Office in cooperation with the representative of the OSCE in Albania organized the training for the Democratic Institutions and Human Rights. The purpose of this training was to support the OSCE member States for a better and rapid implementation of OSCE commitments for the integration of migrants. Policies on foreigners are also included in the “National Employment and Skills Strategy 2014 – 2020 and its Action Plan”. Regarding the policy recommendations, the strategy is a political valid document toward the realization of all deficiencies in the field of integration of foreigners and immigration policies. Strategy has assessed that some interventions should be made in several areas such as further strengthening of the communication capacity at local level for legal employment migration (migration counters). Moreover, it foresees real and clear measures in relation to regular reporting on labour mobility within the country and abroad, as well as about aligning the existing immigration legislation with EU directives. In April 2014 it was organized the Workshop on “Employment Offices and efficiency of services for migration” in which participated representatives from 38 regional and local offices of the National Employment Service. The training focused on, among other things, the procedures for issuing work permits for foreign citizens, pursuant to the Law “On Foreigners”. Employment offices staff has been actively involved in providing continuous advice on the application, documentation, criteria and procedures for the employment of foreigners in Albania. Furthermore, continuous advice has been given on method of application, documentation, criteria and procedures to be followed for obtaining exemption from the obligation to work permit, also on other issues of employment of foreigners in the country. In addition to this, information handout has been provided to immigrants who come for employment in Albania. Updating bilateral agreements for coordination of social security schemes It is in the process of adoption the Decision of the Stabilization and Association Council on the coordination of social security schemes between Albania and the EU, pursuant to Article 48 of the Stabilization and Association Agreement. Social protection agreement between the Republic of Albania and Belgium was ratified by the Parliament, with Law No 35/2014 of 3.04.2014. Social protection agreements with Luxembourg, Hungary and Romania have been finalised. The agreements are endorsed by the Council of Ministers and currently are in the process of ratification from Parliament. Ministers of the two respective countries signed the agreement between the Republic of Albania and the Grand Duchy of Luxembourg on 27 October 2014. The ministers of the two respective countries signed social protection agreement between the Republic of Albania and Hungary in Tirana in November 2014. Negotiations for social protection agreement with Canada are finalised during the round held in Tirana from 1 – 4 December 2014. During these negotiations it was discussed and approved the administrative agreement. Negotiations with FYROM regarding the basic agreement have been completed during the meeting held in Tirana on 14 November 2014. It is actually proceeding for approving in the Council of Ministers and the agreement will be signed on March 2015. Hereinafter, the negotiations will continue for the adoption of administrative agreement. The next round for the completion of negotiations with the Czech Republic is foreseen during May 2015, aiming at approving the administrative agreement. In January 2015, in Tirana, Republic of Albania and Federal Republic of Germany held negotiations on social protection bilateral agreement. The next round of negotiations will be held in Germany in April 2015. In February 2015, in Vienna, took place the first meeting on bilateral agreement between the Republic of Albania and Austria. The next round will be held in Vienna in June 2015. Ministry of Social Welfare and Youth in cooperation with the Ministry of Foreign Affairs and diplomatic missions, has expressed interest and is working to negotiate bilateral agreements on social protection, mainly with countries like Italy and Greece, considering the high number of emigrants living in these countries. The cooperation with Italy at technical level has already started to analyze and evaluate the social security systems in the two respective countries, and to further continues with negotiations for bilateral agreement. Taking into consideration the growing of the coordination process of the social protection schemes, it has been initiated the cooperation with the Spanish, Croatia, Denmark and France Government having expressed their interest to start negotiations for a bilateral agreement. The Albanian Government welcomed such proposal. More specifically, there have already started mutual exchange of information on social protection systems. MSWY is interested to start cooperation with Bulgaria after being noticed many problems that would be solved through the drafting of a new agreement on social protection between the two countries. MSWY is working to conclude agreements not only with other EU Member States but also with European countries, not EU member state, such as Switzerland. Update on the sustainability of the pension scheme. Review the legal framework on pensions Pension scheme have shown serious difficulties associated with the inability to cope with revenues raised from contributions required for pension costs, financing 1.5% of GDP or ALL 20.7 billion, making the scheme financially unsustainable. This situation is mainly related to low participation in this scheme with about 55.7% of the number of employees, indicating low participation of the labour force in the social security system and high informality affecting the current payments financing and which will increase the social burden in the future. The rate benefiting from pension scheme results in 41.6% in comparison with the average salary, which below the European average levels. Lack of reforming this scheme would lead to its deterioration in later periods. Weak link between contributions paid to pension and benefit rate has had impact on increasing the informality, on hiding real wages on which taxes are calculated. Pension scheme, if it continues in this way, in the future would have given much lower benefits compared to the average wage, continuation of fiscal deficits and a portion of the population would have not benefited pension because of not participation of today's working age population at the pension system. Aiming at a sustainable increase and halting the downgrading of the scheme, the government, in early 2014, undertook pension reform. This reform was carried out by an inter-ministerial group with broad participation of stakeholders and social partners, with extensive public consultation and underwent all procedures of decision-making in collaboration with social partners. The Pension Policy Paper has been drafted with the assistance World Bank of technical assistance. During this process there were consulted international best practices and were prepared several settings, from which was selected the most appropriate one that strengthens the link between individual contributions and the rate of pension. This version calculates the change of the pension calculation formula, reflecting simplicity and transparency, and by linking profitability rate to the contribution paid. Moreover, it assures keeping gains at normal level by significantly improving the degree of substitution compared with the current scheme. Implementation of the reform will bring a much faster reduction of the pension scheme deficit, through improving the financial situation of the scheme and lowering subsidies from the state budget. Furthermore, the reform will erase the difference between rural and urban area pension in terms of eligibility criteria and method of calculation by unifying the scheme and as well as eliminating privileges for the self-employed in agriculture (farmers) and treated like all employees and self-employed. The reform provides no contribution rate increase. The followings present some innovative application of the reform:
The Policy Paper determines also the reform of public supplementary schemes for political officials, senior state officials, and persons with academic titles (professors), military, police etc. The drafts prepared are approved by the Government and are under discussion in Parliamentary Committees. The most essential changes of this law refer to the increase the age of retirement for senior officials (Members of Parliament, Ministers) from 55 years to 60 years, increasing the supplementary contribution rate for all categories and as well as the indexation of these pension like other pensions and not recalculation whenever the reference salary changes. The Law on social security envisages that pension funds can be created on the basis of the profession. These schemes aim at guaranteeing the income of individuals who retire earlier than the official age of retirement. They will be contributory, where the rate of contribution will be split between employers and employees and will be developed on the basis of collective agreements. The Albanian Financial Supervisory Authority will conduct supervision of these schemes. From 1st of January 2015, Albania has started to implement new pension reform paying for the first time pensions above the indicated maximum pension according to the old law and as well as social pensions for people over 70 years having no other income. Moreover, the law on the underground mining employees has been approved and in under the implementation. The reform process is necessary associated with improvements of legal acts. The following laws and bylaws have been approved:
The benefits of social security schemes (pensions) In addition to reforming the pension scheme another priority in the area of pensions has been their increasing, particularly low pensions in both urban and rural areas. Pursuant to Article 100 of the Constitution and Article 88 of Law No 7703 of 11.05.1993 “On social insurance in the Republic of Albania”, as amended, with the proposal of the Minister of Social Welfare and Youth and by Decision of Council of Ministers of 9.07.2014 it was defined the pension increase in the rate of 2%. After 7.01.2014, the minimum income:
Collection of Contributions During this period, the Social Security Institute has worked and further enhances performance for the collection of contributions and fulfilment of the revenue plan in total and fighting the fiscal invasion in all sectors. To realize the plan from contributions, for which the Institution is responsible for, they have been involved on increase the participation of farmers in the social security scheme, for inclusion in the scheme of voluntary insurance of persons who are not included in the compulsory insurance scheme, for the transfer of arrears, debit active entities in the tax authorities as the final inventory of arrears that debtors have left at the social security bodies. With the Decision of Council of Ministers No 457 of 7.09.2014 “On some amendments to the Decision of Council of Ministers No 1114 of 30.07.2008 “On some issues pursuant to the Law No 7703 of 11.5.1993 ‘On social insurance in the Republic of Albania”, as amended, it was determined the minimum monthly salary, for purposes of calculating social security and health contributions, from 01.08.2014 and onwards, be not less than ALL 19,406. Maximum monthly salary, for the purposes of calculating social security contributions, from 1.08.2014 and onwards will be ALL 97,030. Starting from 1 January 2015 the nationwide minimum monthly wage is 22,000 ALL defined in the new Law adopted in the framework of the pension reform. In November 2014 the Albanian Parliament approved the law on the remission of default interest and penalties for mandatory contributions of the unpaid social security from self-employed persons in agriculture. As a result of this law and the work done by the SSI to collect contributions, it was enabled to engage in the social security scheme a significant number of farmers and a significant excess of projected revenue, bringing an improvement of the financial situation of the scheme and deficit reduction. Increasing the cooperation with other institutions The Social Security Institute in order to achieve its functional tasks in accordance to the legislation on social security and other legal provisions in the field of supplementary pensions and financial special treatment has signed cooperation agreements with:
SSI exchanges statistical information with INSTAT, the Ministry of Social Welfare and Youth, Ministry of Finance, Ministry of Defence and State Social Service. Modernizing Social Security scheme Archive Central Social Security Archive has been operational in the new building on June 2013. In this Archive there are being collected all documents dealing with seniority and benefit files from all Regional Directorate of Social Security, and state archives. All the old documents (records, payroll etc.) are being scanned and at the same time there are being computerized the data on individual accounts of contributors. Computerization of the social insurance scheme According to the Project on digitizing the social security system, it has been further processed with managing and updating the database of the pension. Moreover, the implementation of the program for digitalisation the data of the pensions through information system (all the documents from the beginning up to the calculation of the pension and the process of payment). All contributions of self-employed in agriculture and volunteers are recorded in the information system of contributions management and individual accounts increasing the accuracy, transparency and reducing the service time to the citizens. The vision of the social security system for the period 2015 – 2020 Ensuring coverage of social security for all Albanian citizens, providing adequate benefits, reducing poverty for the elderly through strengthening contributory character and solidarity. Detailed information, strategic advantages and objectives for achieving the vision on modernizing Social Security Scheme is found in Annex 6.5.5. Recommendation regarding detailed information on social pension is found in Annex 6.5.6.
Regarding the legislative initiatives related to the fight against the informal economy and improvement of the tax procedures, there have been a few changes on “Tax Procedures” Law No 164/2014 of 12.04.2014 “On amendments and addenda to Law No 9920 of 19.05.2008 ‘On Tax Procedures in the Republic of Albania”, as amended, was published in the Official Gazette No 198 of 30.12.2014, with effect from 01.01.2015. According Article 116(2) “Tax Evasion” of the Law, as amended, is defined: “Considered that, performing tax evasion by committing ‘incomes concealment', taxpayers have committed violations for which shall be applied administrative penalties in accordance with:
If the taxpayer commits tax evasion as defined in Article 116(2), as amended, he shall be punished in accordance with the Criminal Code and referred to amendments to Article 131 of the Law. In line with the above changes, has also changed Article 119 of the Law “Failure of the employee’s declaration”. According to this Article, taxpayers which during the verification and audit in place, are found not declared to the tax authority, at least one calendar day before start working, they have the obligation to pay taxes, social security and health contributions, calculated from the determination date. Also, for each undeclared employee, the fine is respectively 500,000 ALL, for taxpayers registered as subject to VAT and profit tax, and for other taxpayers, the amount of the fine is 50,000 ALL. Any repeated assertion for undeclared workers, after the application of the administrative penalty as above, is considered Tax fraud, under Article 116 of the law, and the tax administration has the right provided by the article 131 of this law, to report the taxpayer for criminal charges. Paragraph 3 of Article 121, is amended, the unregistered person is identified, according to Article 41 of this Law, the penalty is the confiscation of the entire quantity of goods in storage, in use or transports. Also, in accordance with Article 116 of this Law, the tax administration exercises the right provided in section 131 of this law, to report the taxpayer for criminal charges. The letters "a" and "b" of paragraph 1 of Article 122, under which the taxpayer already has been ascertained that he has no fiscal devices or traffic monitoring systems, and does not release a tax receipt, will be penalized with fine and confiscation of quantity the goods (in the case of fiscal devices). In that case and for any assertion that the taxpayers actions are against the law “for the fiscal devices installation or issuing tax receipt” will be considered tax evasion and fraud. The Albanian Tax Administration has intensified the controls on the declaration of employees and pursuant to Article 119 of Law No 9920 of 19.05.2008 “On Tax Procedures in the Republic of Albania”, as amended, are decided a considerable number of penalties for the undeclared employees by the businesses in all Regional Tax Directorates. During the reported period, December 2014, January – February 2015, are verified 125,386 subjects regarding the declaration of employees at the tax authorities. From this verification, it has resulted that 160 employees are undeclared at the Tax Authorities. The value of fines imposed on the undeclared employees is 51,100,000 ALL. In compliance with legal frame work, the Internal Investigation Anticorruption Directorate, (IIDA), during 2014 has opened 80 cases of investigations. From these cases, have resulted with administrative violations in the performance of duty and were referred to the Disciplinary Commission 47 employees for disciplinary measures. Also, 16 employees that were suspected of committing a crime were reported to the public prosecutor. On January-February 2015, were registered 10 cases in IIDA and 3 employees were proposed for disciplinary measures. Up-date on decriminalisation of defamation and libelThe Parliament of the Republic of Albania in its plenary session held on 16 February 2012 adopted by consensus the Law No 23/2012 “On some addenda and amendments to Law No 7895 of 27.01.1995 “Criminal Code of the Republic of Albania” as amended", (4 legislative initiatives, with 59 articles, including amendments to Article 119 “Insult” and Article 120 “Defamation”. The amendments of criminal offenses of defamation and libel consist in the abolishment of imprisonment punishment, and providing only a fine punishment. In the Albanian Parliament is not deposited any legislative initiative aiming to repeal the criminal offences of defamation and libel. |