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


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KP 5: Human rights, including property rights



Gender Equality
The National Council of Gender Equality – Established and functioning by the Prime Minister Order no. 230/2013 "On the functioning of the National Council for Gender Equality".
Gender Officers in the Ministries and Municipalities
MSWY coordinates the gender equality specialists’ network nominated within 16 ministries, with whom the Department of Social Inclusion and Gender Equality in MSWY keeps regular contact to exchange information, reporting, monitoring, and training activities for capacity building. Such employees are also nominated at the Prime Minister Office and at the Department of Public Administration. There are appointed gender employees on full time basis, at the local level, in 18 municipalities full time (from 65 municipalities in total)
Gender Budgeting
Regarding the issues of gender budgeting it has been carried out the process of consultation with the line ministries for the implementation of CoMD dated 16.07.2012 "On gender integration in the medium term budget program". Meetings and consultation process have been organized in collaboration with the Ministry of Finance and UN WOMEN.
There have been trained specialists of budget planning departments and gender officers in line ministries in a 3-day training held in Durres. In total there have been trained 25 persons. It has been worked with the budget programs of 8 Ministries. There are currently reviewed 7 programs.
Governmental Report Beijing + 20
During the period January-April 2014 it was drafted and submitted on time the report on the implementation of the Beijing Declaration and Platform for Action 1995, in response to the call of the Economic and Social Council of the United Nations with the Resolution E / RES / 2013/18, in the framework of the 20th anniversary of the Beijing Conference. The report was focused on the progress, achievements and challenges in the 12 areas defined in the Platform for the period 2009-2014.
IV Periodic Report CEDAW
4th Report of the Convention on the Elimination of all Forms of Discrimination against Women, CEDAW, was draft through a joint effort between MSWY and MFA, which played a key role in drafting this report covering the period 2010-2014. Ministry of Social Welfare and Youth, as the coordinating body for gender equality and domestic violence, supported by United Nations organizations such as UNFPA and UN WOMEN, during a six-month process, organized roundtable consultation with civil society representatives at the local level, women Member of Parliament, members of the National Council for Gender Equality, suggestions and recommendations of which are included in the report, along with the expertise given to all the report.
The report was approved with the CoMD no. 806 dated 26.11 2014, and is submitted to the Secretariat of the Committee on the Elimination of Discrimination against Women and has already been published on the official website of the committee.
Review of legislation from a gender perspective
During the second half of 2014, a group of experts together with public employee reviewed the legislation from the perspective of gender equality. The ratification of the Istanbul Convention and its entry into force on 1 August 2014, as well as the recommendations provided by the CEDAW Committee, was the basis for carrying out an analysis of the Albanian legislation, supported by UNDP. In late December analysis entitled "Some suggestions regarding the updating of legislation with the standards of the Istanbul Convention and CEDAW" was introduced at a technical roundtable discussion with women members of the Alliance of Women Member of Parliament (MB) who expressed their support for each legislative initiative from the Government regarding interventions in Albanian legislation.
Raising public awareness aimed at changing gender stereotypes, behavioral change on gender issues and the rights of women and girls.

  • Awareness activities carried out in the framework of the international day of women and girls (8 March), at central and local level, from governmental institutions, civil society and relevant NGOs, in cooperation and with the support of international organizations.

  • On the initiative of the Alliance of Women MP was held on 8 March a joint session with the Kosovo women MP to lobby for joint efforts to enhance decision making and empowerment of women.

  • Broadcast aiming at awareness by representatives of institutions, civil society.


Domestic Violence
MSWY & UNDP organized courses of trainings on "The computerization of data and referral mechanism in cases of domestic violence. Using the online system for cases of domestic violence". In this regard there were trained 51 local coordinators in charge of registration of domestic violence cases.
In accordance to the fulfillment of legal obligations for administrative data collection, MSWY in collaboration with UNDP, set up in July 2014 a national electronic system for domestic violence cases handled at the local level. During the year the work consisted in capacity building and training of coordinators of violence not only in municipalities where the system already is in place but also in other municipalities.
National Center for Treatment of Victims of Domestic Violence: It is the first national center in Albania, depending on State Social Service. During 2014, 84 persons received psycho-social and legal services of whom 29 women and 55 children. There were 59 new cases for 2014 of these 21 women and 38 children. 64 cases have been integrated through reintegration and employment programs etc., and they are assisted with monthly rent or food assistance until their full empowerment etc.
Decision of Council of Ministers no. 839, dated 03.12.2014 "On some additions and amendments to the Decision no. 425, dated 27.06.2012 "On defining the criteria and documentation necessary for the admission of persons in public and non-public residential institutions and social care. Such additions and amendments define that the Order of defense / emergency protection order is required only when the initiative to settle in social care institutions is take by individuals themselves who are victims of domestic violence, whereas in cases where victims of domestic violence is identified from the relevant structures such as the police, non- profit organizations working in the field of providing social services for domestic violence and responsible structures of violence adjacent to the local government units regardless of the Order for Protection they are hosted in residential social care institutions.
Establishing a national free telephone line providing counseling for victims of domestic violence
One of the priorities of the Albanian Government is the establishment of a national free telephone line (24 hours) providing counseling for victims of domestic violence. Currently the phone number is provided by the Electronic and Postal Communication Authority and further procedures have been followed to establish and operate this line. Work has begun on the national study "On assessing the existence and effectiveness of services for women and girls victims of violence, in compliance with the standards of the Istanbul Convention", which is carried out with the support of the Council of Europe and UN WOMEN.
National Referral Mechanism for domestic violence cases which so far results in 29 municipalities of the country. During 2014, the work consisted in promotion and functioning of the National Referral Mechanism for domestic violence cases, aiming at improving the system of monitoring and accountability of structures associated with the implementation of legislation against domestic violence. For this purpose, representatives of Ministry of Social Welfare and Youth and State Social Service in managerial level, on December 22, 2014, organized in the Municipality of Kukësi a meeting with members of the Coordination Mechanism of Labor and Referral of Domestic Violence. This meeting highlighted the work carried out by members of the Mechanism, and at the same time to discuss some of the challenges that various relevant institutions at the local level had encountered during case management, providing services to survivors and bringing the perpetrators to justice.
Awareness campaign to reduce gender-based violence and domestic violence
“He For She Campaign”, which MSWY has undertaken in collaboration with UN Women Albania during July and onwards. MSWY as main authority responsible for addressing issues of gender equality, gender-based and domestic violence in Albania, was actively involved in this campaign, supported by UN Women Albania. A group of interns of the Ministry were engaged in video-messaging the subject "Boys and Men for Gender Equality", which was then published via "One Story" webpage (https://www.onestory.com/stories?search=Albania).
Well known public persons as well as ordinary persons were part of 52 video messages that were published in total. Contributing to this campaign is also part of specific plans of MSWY regarding the awareness initiatives in the framework of the global campaign 16 Days of Activism against Gender Based Violence, and supporting actions for implementing the National Strategy on Gender Equality, Reduction of Gender Based Violence and Domestic Violence 2011-2015 and its Action Plan, raising awareness initiatives following the National Report on the Implementation of the Beijing Platform for Action + 20, etc.
Campaign related to the 16 days of activism to violence against women 25 November- 10 December 2014
As it has become a tradition, MSWY coordinates the activities of the campaign under a slogan and a common schedule not only with other state institutions, but also with civil society actors, international organizations, local government, etc.. Even for this year, the goal of the campaign was the involvement and commitment of as many boys and men as possible like partners and associates in action against gender-based violence in the family.
The campaign under the slogan: "Boys and Men part of the solution - Show that you are against violence!"
After holding the second meeting of the National Council on Gender Equality another meeting was held with students and lecturers of the Faculty.
Numerous activities were held across the country under the coordination of a shared schedule, with the participation of many stakeholders: central and local institutions; primary schools (9-year school) and secondary schools; students of different faculties; parades; documentary; TV shows and various discussion; coverage in the print media.
Many activities in most of the country were supported by UN organizations (UN Women and UNDP). OSCE has organized another campaign in cooperation with MSWY and State Police in Elbasan and Korca for community involvement in the fight against domestic violence.
Protection from discrimination for LGBT persons
Regarding the implementation of the Action Plan "On protection from discrimination due to the sexual orientation and gender identity, 2012-2014", MSWY during March 2014, draft the proposals "On some amendments to the Law no. 9062, dated 05.08.2003 "Family Code”, as amended. Such amendments are related to the Articles 163 and 164 associated with the institute of cohabitation. The amendments were submitted to the Ministry of Justice on April, for further legal procedures.
In the framework of the International Day against Homophobia and Transphobia on May 17, activities were held by NGOs, with the participation of representatives from state institutions and international organizations. During the Diversity week 12-17 May 2014 there were organized social activities and entertainment, documentary broadcast SKA NDAL (NO STOP), exhibition and roundtables, publications awareness fair, which were finalized with the Pride Parade. The purpose: to sensitize the institutions and the public opinion and promoting equality through the concept of diversity to change and strengthen public support for marginalized groups.
The signature of the Joint Declaration in May 2014 IDAHO.
On 23 July 2014 MSWY organized a consultative meeting with NGOs working in the field of LGBT to discuss the progress of cooperation and on the need to draft a new action plan for this purpose.
An international seminar and an exhibition titled "Taste of Freedom" organized by Pink Embassy and PRO / LGBT Albania was held on September 2014.
The Minister of MSWY, Mr. Erion Veliaj, participated on November 2014 at the Annual Conference to Advance the Human Rights of and Promote Inclusive Development of LGBT People in Washington DC.
During December 2014, it was organized hearing of the Subcommittee on Human Rights on the state of the LGBT community in Albania.

Action Plan for LGBT persons will be included in the Policy Document for Social Inclusion 2015-2020.


Finally, it has been set up the SHELTER LGBTI. “SHELTER is the first residential center in Albania that helps the LGBTI community in emergencies in terms of housing. This is a joint project of the "Alliance against LGBT Discrimination" and "ProLGBT" organizations. "Shelter" is a real service transistor for all LGBTI youth ages 18 to 25 years old that are faced with the threat to be out of the house in the middle of the road (usually at the stage of coming out) or to that persons suffering from threats, domestic violence, etc.
Social Inclusion and Social Protection
Work has begun on drafting three strategic Papers. It is expected that these papers are finalized by the end of March 2015. The processes have been started having wide participation and discussion in three rounds.

  • Policy Paper on Social Inclusion (2015- 2020)

  • Social Protection Strategy Paper (2015- 2020)

  • Action Plan for the Integration of Roma and Egyptian (2015- 2020) based on Operational Conclusions of February 2014 Seminar.

Within February all the proposals raised from the meetings will be reflected and during March it is expected the approval the plan from Council of Ministers. These documents are consistent and coordinated with the National Strategy for Development and Integration and with the Strategy Department in the Prime Minister Office.


Education
During 2013-2014, a total of 4219 children were enrolled in Secondary Education compared with 4085 children a year ago. The enrollment of Roma and Egyptian Children in educational system is continuing, including those who do not have the necessary documents to register. Roma children in compulsory education received free textbooks in the school where they are registered. Thus, for example, during the 2012-2013 academic years 3231 Roma pupils were provided with free textbooks, while in 2013-2014, 3370 Roma pupils were provided with free books. During 2014, 20 quotas were distributed to Roma and Egyptian students, and 20 master's quota. The Ministry of Education has conducted a feasibility study on the application of the approach "school food", which is included as a proposal in the action plan. In terms of children with disabilities, according to the education legal framework there are in the process of drafting all the instructions for setting up Evaluation Committees for Disability. The Manual of Procedures for the Involvement of Children with Disabilities in classrooms has been drafted with the support of Save the Children.
Civil Registration

During 2014, 148 cases of Roma children have been registered.


Employment and Vocational Education
During 2014 there have been registered in the relevant Employment Offices nationwide 9690 (4875 females) unemployed jobseekers from Roma and Egyptian communities, who have benefited from the services provided by these offices, such as mediation, counseling and guidance, for work and profession. 10 new employment offices are opened in most important regions of the country (new model is extended also to existing offices) that offer similar services with European counterpart institutions, services with three levels: information, employment services and individual counseling, mainly for groups with special needs.
Service system employees are trained and at the same time they are attending training for the implementation of the new employment services model. Through the implementation of employment promotion programs for 2014 there were employed 146 unemployed jobseeker being part of Roma and Egyptian Community. In public vocational training centers, in total 10 located in the main cities of the country, 175 unemployed jobseekers from Roma and Egyptian communities have benefited free vocational training and are certified in different professional courses required in the labor market, such as the kitchen, sewing, plumber, repair and maintenance of vehicles etc.
Housing
During 2014, the amount invested on new infrastructural intervention was ALL 73 million. Ministry of Urban Development and Transport (MUDT) has completed the evaluation of the project in the Otllak municipality, which aims to improve housing conditions. 30 families will benefit from this project. Also interventions were made in Savra (Lushnja), Lezha and Korça. MUDT is currently reviewing possible legal changes including other actors who are willing to contribute / legal assistance in this process, such as the Ombudsman, the Soros Foundation, Civil Society and the Ministry of Justice. Meanwhile, there are prepared draft amendments to the Law on housing no. 9232 of 15.05.2004 in regard with the recommendations of the Ombudsman. Also, these recommendations will be reflected in the Strategy for Social Housing, which is being developed by UNDP expert and TAEIX. Furthermore, this strategy will be accompanied by action plan and will reflect the recommendations of the Ombudsman for Roma and Egyptians. Work has begun on drafting the Social Housing Strategy.
Shish Tufina Emergency Center
The work at the Emergency Centre Shish-Tufina continues normally. All children attend normally the school and kindergarten. There are 6 families who moved out of the center and are reintegrated.
Persons with Disabilities and Social Inclusion
The Law "On inclusion and accessibility for Persons with Disabilities" was approved by Parliament and published in the Official Gazette 135, Law no. 93/2014. This law establishes the rights for all categories of persons with disabilities aiming at their integration into society. This law also carries out the determination for evaluation of disability and identifying the needs for support of persons with disabilities. As regards to the adoption of the Law, there was a wide consultation with all line institutions and stakeholders and were conducted consultation sessions at the local level, at the political level and in Parliament. It has been approved the draft Council of Ministers’ Decree "On approving the regulation for the functioning of the National Council on Disability". At the same time it is continuing the preliminary preparation of other by laws and framework Law for inclusion and accessibility of the persons with disability. In regard with construction adequacy of public institutions it is observed low level of accessibility. For this, the Prime Minister's Order no. 239, dated 11.12.2013 "On setting up the Inter-Ministerial Group for the implementation of rules of the construction adequacy in public central and local institutions" addresses the necessity of construction adequacy for persons with disability in public buildings in Albania. Even the definition in Article 3 of the Law on Inclusion and Accessibility of persons with disabilities “infrastructure constraints, including those in flats, spaces and public services" supports this process.
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.
Social Protection
Since June, the three main regions of the country, Tirana, Durrësi, Elbasani, has begun piloting new computerized system of social assistance, which brings several innovations in the mode of application, but also improves the process by increasing transparency. An electronic registry has been set up for beneficiaries of social assistance, which is made possible through the application and online connectivity with other institutions and at the same time the possibility to verify data cast into the system for applicants. This system aims at targeting poor families through the use of dotted formula. Also, compared to the old way of application for economic assistance, a computerized system brings transparency to citizens on claims of each applicant, verifying data in the system with other institutions such as the Civil Office, National Registration Center, Institute of Social Security, General Directorate of Road Transport Services, Tax Office, Employment Offices, etc.
CoMD no. 837, dated 03.12.2014 "On recognition of sign language in the RA" was approved, which aims recognition of sign language, to assist in the community of persons having listening impairment, in order to have access to information provided by the institutions of the country, as well as to enjoy the same rights as other citizens in the Republic of Albania. This Decree envisages MSWY as the authority responsible for the evaluation and coordination of legislation, policies, and programs in this field and to develop an action platform. It has been realized indexing disability payments for all groups of disabled persons based on the consumer price index published by INSTAT. In regard to the World Bank project "Modernization of Social Assistance", during 2014 it has started the process for reforming the assessment of disability system in Albania, which includes: (a) rewriting existing evaluation criteria and determining the disability; (b) the creation of new multidisciplinary process for determining disability; (c) creation of Evaluation and Determination of Disability structures; (d) reforming the process of benefiting for non-contributory scheme and eligibility criteria; (e) the digitization of information and communication; and (e) drafting the new legal framework.
Currently, there are established working groups that are working to complete this process and are contracted experts (local / international) that will assist this process. Work has started on a reviewing the current medical criteria assessment of the disability. Also, health diagnoses will be increased that causes missing disability in the existing criteria and diagnoses that are no longer considered as a factor in situations of disability will be removed. Involvement on the Guidelines Bio-Psychosocial Evaluation of Disability Social for children and adults drafting to enable evaluation bio-psycho-social disability based on the conceptual model of the International Classification of Functioning and Health (ICF) World Health Organization (WHO). We are working on drafting a policy document on Disability in collaboration with experts (local and international). At the same, with the Order of MSWY and MoH it was set up a working group with the participants of doctors who will review the medical criteria of disability evaluation with common. De-institutionalization of social services is in the process of being transferred from residential social services to community services.
This process is based on four components:

  • Prevention of unnecessary admissions and positions in residential institutions.

  • Provide other alternatives for accommodation, treatment, education and rehabilitation of individuals who do not have the necessary residential services.

  • Improvement of the conditions, care and treatment for those who need care in residential centers;

  • Ensure that children are placed in residential institutions for a shorter time.

Children House at Shkodra, Development Center at Tirana, and Shkodra Elderly House are bing reformed by offering new types of services such as day services, alternative care services in families, family home service, volunteering services, alternation services for persons with disability and vocational education and their employment (where possible), etc.


The social services reform in social care institutions that provide residential services for children in need during the process of deinstitutionalization include 4 alternatives:

  • Prevention of placing children in institutions

  • The deinstitutionalization of children in residential institutions

  • Develop community-based programs and strengthen the family

  • Transformation of residential care in community social services

It has been drafted the first plan for deinstitutionalization for persons of age 0-3 years old and will continue with a plan for persons of age 4-18 years old.


Protection of minorities
Regarding the protection of minorities, in particular as regards:

  • the adoption of a comprehensive legislation,

  • following a broad consultation process, and

  • taking into account the resolution of the Committee of Ministers of the Council of Europe on the implementation of the Framework Convention for the Protection of National Minorities (FCMN) by Albania and the recommendations of the Advisory Committee of the FCNM, the following measures are undertaken:

    • Adoption of the Prime Minister`s Order for “The establishment of the Working Group for the evaluation of existing legal and policy framework for the respect and protection of national minorities”.

    • In April 2014 this WG has started its work

    • The Working Group is composed by representatives of central institutions (line ministries) and the representatives of independent institutions (e.g. the People Advocate, the Commissioner for the Protection against Discrimination, State Committee on Minorities, etc).

    • The duty of this WG is the identification and the discussion of the issues on national minorities, according to different fields and the evaluation of the existing legal and policy framework for the protection of minorities, the existing situation on minorities, with the aim to prepare the conclusions and the necessary proposals.

During the period April-December 2014 took place the consultation process with the representatives of the line ministries and the representatives of the independent institutions. 10 periodical meetings have been organized on different topics in order to examine and evaluate the different issues on minorities in order to present the conclusions and the necessary recommendations. The fields are education; culture; public representation; anti-discrimination; social inclusion, social policy, employment; Roma minority; access in media of minorities; existing legal and policy framework on different fields; local government units where the persons of minorities are in a considerable number; administrative and territorial reform, etc.


The State Committee on Minorities (SCM) is part of the WG and has participated in all the meetings organised so far. The representatives of all minorities (Greek minority, Macedonian Minority, Serb and Montenegrin minority, Aromanian/Vlach minority and Roma minority, Egyptian) have actively participated in the meetings.
A special meeting was organised with the representatives of SCM on the functioning, competencies and the work of this institution.
In December 2014, the process of consultation with the representatives of the line ministries and independent institutions was closed. The representatives of the Working Group have presented their contributions.
After the process of consultation, MoFa finalised the draft of the WG, based on the contributions and proposals of the institutions involved in this process.
The draft of the WG is distributed to minorities associations and civil society, with the aim of transparency and collection of suggestions, contributions, proposals, and recommendations from them. By the first week of March 2015 and onwards some meetings with the minority associations and civil society will be organized, in order to discuss on this issue.
After the process of consultation, their suggestions, contributions, proposals, and recommendations will be included in the final document and will certainly influence the recommendations of the WG.
The final draft will be presented to the Council of Ministers by the end of March 2015.
For detailed information regarding the People’s Advocate opinions relating the 5 key Priorities please refer to Annex 3.1.

  • Regional issues and international obligations

The Republic of Albania considers that regional cooperation and regional ownership are not only prerequisites of European integration, but also current necessities to finally transform the image of our region. This orientation of Albania’s foreign policy is reflected in proactive participation in all initiatives and multilateral organisations operating in the region of South East Europe and beyond.


Albania joined the initiative Enhanced Cooperation within the Stabilisation and Association Process (ECSAP), which will provide political support to the process of regional cooperation in the context of SAP, focusing on the areas of rule of law, economic governance and connectivity.
On August 28, 2014 in Berlin, under the initiative of Chancellor Angela Merkel, the High-Level Conference EU-Western Balkans (WB) took place. This Conference demonstrated higher attention to the WB, reaffirmed the importance of the EU integration process as an impetus for reforms in the region, focusing on the importance of regional cooperation, for an integrated region that offers concrete potentials for development and safety for the EU and its member states, in a changing geopolitical context. The Berlin Process aims at intensifying regional cooperation, addressing political issues in the region through the implementation of regional projects, in order to bring closer the countries of the region to the EU. The process started in Berlin will continue next year with the Vienna Conference.
In the framework of the Berlin Process and ECSAP, the Ministry of Economic Development, Trade and Entrepreneurship is coordinating with other counterpart ministries in the region a list of regional projects dealing with interconnectivity, which will require the support of EU and international financial institutions.
Regarding EUSAIR, Albania has prepared a national scheme structure of governance and management of EUSAIR. In January 2015, Albania plans to hold in Tirana the first meeting of the Thematic Steering Group (TSG) for Tourism, in which our side has a coordinating role, together with Croatia.
During its Chairmanship-in-Office of the South-East European Cooperation Process (SEECP), the Republic of Albania will contribute to further strengthen the cooperation between all the participants of the organisation. Enhanced cooperation is key, in order to surpass outstanding bilateral and domestic issues, which in turn will contribute to how the SEECP and its participants will address the stability and security challenges in the region. The Albanian Chairmanship-in-Office will also work closely with the European Union and its member states to keep alive the process of European integration for those countries in the SEECP that aspire to become members of the EU. We will further enhance and support common regional projects, some of which were recently identified at the Berlin Conference on the Western Balkans of 28 August 2014. On 23-24 March the Albanian CiO organized the SEECP Ministerial in Tirana. A Joint Declaration on the fight against terrorism was adopted.
At the international level, the Republic of Albania pays special attention to active participation and its representation in international organisations, with which it shares common values.
Albania will continue to ensure coordination and cooperation at the national, regional and international level, in order to maximally reduce the risk of terrorism by improving security elements and increasing community trust in preventive measures against terrorist acts and phenomena.
As regards the common foreign and security policy (CFSP), Albania aligned itself, when invited, with all relevant EU declarations and Council decisions. Within this context, the relevant lines Ministries have implemented the relevant CFSP decisions, in particular as regards the restrictive measures for persons and entities responsible for the events in Eastern Ukraine. Albania will continue its commitment regular political dialogue with the EU for CFSP issues, targeting 100% alignment in CFSP decisions.
Regarding its contribution under the CSDP, Albania continues to contribute with 1 (one) military officer in the EUFOR – Althea Operation in Bosnia and Herzegovina, with the duty of “Advisor”. In addition, in November2014, Albania communicated its readiness to participate in the EU mission EUTM Mali with 6 military personnel. On non-proliferation of weapons of mass destruction and disarmament issues, Albania has continued implementing the action plan for the destruction of surplus weaponry.

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