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1 REPUBLIC of ALBANIA Ministry of Interior Deputy Minister National Coordinator for the Fight Against Trafficking in Human Being

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1 REPUBLIC of ALBANIA Ministry of Interior Deputy Minister National Coordinator for the Fight Against Trafficking in Human Being Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 REPUBLIC OF ALBANIA Ministry of Interior Deputy Minister National Coordinator for the Fight against Trafficking in Human Beings REPORT ON IMPLEMENTATION OF NATIONAL ACTION PLAN FOR COMBATING TRAFFICKING IN HUMAN BEINGS JANUARY-December 2011 1 Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 TABLE OF CONTENTS 2 Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 I. CRIMINAL PROSECUTION The beginning of 2011 coincides with the period when the National Action Plan for Combating Trafficking in Human Beings 2011 – 20131 was approved. The year 2012 has been a busy one, with frequent activities in the fight against trafficking in persons, especially in the areas of criminal prosecution, investigation, trying and conviction of perpetrators of this crime. Measures and efforts made during this year are listed in this chapter, in terms of improving the legal framework in the fight against trafficking in persons, increasing and building capacities of law enforcement agencies involved in the fight against trafficking in persons, protection of children from exploitation and abuse, fighting corruption among law enforcement officials, cooperation inside and outside the country, statistical data collection on identification, investigation and trials of criminal acts related to trafficking in persons etc. Among the most important developments for January – December 2011 period, we would highlight: A series of important legal acts have been approved and several studies on the improvement of various laws, including some proposals on amendments to Criminal Code and Criminal Procedural Code have been conducted. The changes proposed by the Office of National Anti-trafficking Coordinator (ONAC) consist on the revision and improvement of criminal offences of trafficking in persons (changing the article 110/a and some new provisions related to the exemption from criminal responsibility for victims of trafficking, criminalization of the use of services offered by victims of trafficking, criminalization of the falsification of travel or identity documents for the purpose of trafficking in persons). The proposed amendments in the Criminal Procedure Code intend to increase the access of victims of trafficking to the justice system and enable a free legal representation of the victims of trafficking. The proposals have been officially sent to the Ministry of Justice and have been part of discussion in the respective working groups. On December 2012, ONAC has undertaken the initiative of establishing a Joint Working Group between State Police, Prosecution Office and Ministry of Justice (including the Courts) to analyze some concrete cases related to trafficking in persons in order to ensure the progress and improve the investigation and the trial of the this cases. The working group will identify the difficulties and problems in practice giving concrete recommendations to improve the situation. The establishment of this working group will ensure a better coordination between all the responsible institutions, as well as improve the investigation and the trial of the cases related to trafficking in persons. There has been an increased number of human sources of all actors involved in the fight against trafficking in persons and a better coordination between all law enforcement agencies and other organizations such as shelters and NGO’s involved in the fight against trafficking in persons and protection of victims of trafficking: o three coordinators have been added to the existing personnel of the Office of National Anti-trafficking Coordinator. 1 Govt. decision No. 142, date 23.02.2011 “On approval of ‘National Action Plan against Trafficking of Human Beings’ and of the complementary document ‘Action Plan on Combating Child Trafficking and on Protection of Child Victims of Trafficking”. 3 Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 o The State Police has organized 20 trainings, with the participation of 280 specialists. 12 trainings were conducted with Regional Anti-trafficking Committees, in which 360 persons were trained. o There has been an increase of the police capacities (in spaces and human resources) and there is a significant improvement of collaboration with local government and civil society, especially in field of child protection. These structures are responsible for the implementation of Standard Operating Procedures for the Identification and Referral of Victims / Potential Victims of Trafficking, adopted by a Decision of the Council of Ministers No. 582 date 27.07.20112. o There is an enlargement of the number of actors responsible in the process of initially identification of Victims / Potential Victims of Trafficking and up to the new agreement drafted during 2012 there is increased the number of NRM members3. Regarding the capacity building of the State Police structures, a special attention during 2012 has been given to the promotion of gender equality. The increase in the number of female police officers has a direct effect in the improvement of the actions of State Police, especially in meeting the needs for protection of some special vulnerable groups such as female victims of trafficking. The year 2011 has been very intensive in lobbying for the increase of the number of females in State Police structures. Some specific measures have been taken to this aim such as: establishment of the 50% quote in female police officers recruitment; awareness raising campaigns focusing on the female police officers recruitment, deferment of obtaining the driving license as one of the barriers to have a larger number of female candidates that apply to be part of the State Police4. According to the latest data of January 2012, the percentage of female police officers within the police structures is 9.5%. Procedures on movements of children abroad have been improved. During 2011, an operational set of measures based on studies and encountered problems have been implemented to tackle the phenomenon of begging. During 2011, the State Police has identified 23 new cases of trafficking in persons. A total of 28 cases of trafficking in persons are currently registered in the Serious Crimes Prosecutor’s Office (SCPR) (21 from 2010 and 7 new cases registered in 2011), with 27 perpetrators in total. During 2011, six cases of trafficking in persons have been adjudicated with six persons convicted. Several joint operations have been carried out in the framework of international cooperation of anti-trafficking structures, among which two for trafficking in persons. 1. Legal framework improvement In this area, during the January - December 2011, the most important development remains obviously the approval of the National Action Plan (NAP) 2011 – 2013 for Combating Trafficking in Human Beings. On the part that deals with criminal prosecution, in addition to 2 For more information see the Chapter II- PROTECTION – Identification Part 3 For more information see the Chapter II- PROTECTION 4 Govt. decision No. 780, date 10.11.2011 – Oficial Gazette No. 158 dt. 02.12.2011 4 Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 general aims and objectives, this action plan gives special priority to the fight against internal trafficking in all its forms of exploitation, especially exploitation of children for begging and forced labor. In the context of improving the legal frame, several studies have been planned to assess accurate legal interventions, both in the Criminal Code and in other laws and bylaws, which regulate in the field of fight against trafficking in persons. Another important instrument approved during 2011 that regulates the process of identification and protection of victims of trafficking is the Decision of the Council of Ministers No. 582 date 27.07.2011 for approval of “Standard Operating Procedures (SOPs) for the Identification and Referral of Victims / Potential Victims of Trafficking"5. SOPs are the basic documents on which action will be performed for identifying and referring of victims / potential victims of trafficking, including offering the package of services for victims of trafficking. Currently, for the period of January-May 2012 trainings in all regions (12 Qarks) of the country are provided for the recognition and implementation of SOPs. Several proposals to change the Criminal Code, Criminal Procedural Code and some other legal acts have been made with the initiative of the Office of National Anti-trafficking Coordinator (ONAC). This proposals consist on the revision and improvement of criminal offences of trafficking in persons, adding some new provisions in the Criminal Code such as: revision of the article 110/a “Trafficking of persons” and abrogation of articles 114/b “Trafficking of women” and article 128/b “Trafficking of minors”; abrogation of article 114/a “Exploitation of prostitution in aggravated circumstances” (the element of exploitation of prostitution of others is mentioned clearly in the article 4 of the Convention of Council of Europe “On action against human trafficking”, that deals with the determination of the offence of trafficking in persons, in which the new draft proposed of article 110/a “Trafficking
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