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
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
TABLE OF CONTENTS
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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 of persons” is based); criminalization of the use of services offered by victims of trafficking (conviction of the client); exemption from criminal responsibility for trafficking victims for all illegal acts they committed as such victims, special provisions for criminal acts related to the falsification of travel documents or identity for the purpose of trafficking in persons etc. The proposed amendments in the Criminal Procedure Code intend to increase the access of victims of trafficking to the justice system (ensure for victims of trafficking a free legal representation assisted by professional lawyers, exemption from different fees and taxes that victims of trafficking are obliged to during the process, the possibility for victim’s compensation within the criminal proceeding) in order to ensure a better and effective protection for victims of trafficking. Some new changes have been proposed in other laws that foresee for the exemption of victims of trafficking from different fees and taxes. The need for these changes comes as a result of some practical difficulties faced in implementing the provisions that provide for the crime of trafficking. At the same time, these proposals aim to meet the recommendations of different international organizations such as the Council of Europe (GRETA’s Report), European Commission, U.S. Department of State, and other national and foreign partners. The proposals have been officially sent to the Ministry of Justice and have been part of discussion in the respective working groups.
5 For more information according the content of this document see the Chapter II- PROTECTION. 5
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
During 2011, a series of new laws6 were approved, mostly concerning the ratification of various international conventions and agreements, which fulfill the legal framework, especially in terms of increasing cooperation with other countries for such issues as: extradition of persons suspected of the commission of various criminal acts; transfer of convicts, including those convicted for trafficking as well; child protection etc.
The legal and sub-legal framework, which regulates the operation of State Committee for Legal Assistance has already been completed. The operation of this structure will facilitate provision of legal assistance for vulnerable groups such as victims of crimes including victims of trafficking (VoTs), ensuring better protection and legal representation for them. This assistance will be provided in the framework of both conducting a trial and of informing and facilitating other procedures that relate to protection of VoTs. Based on the Albanian legislation the legal assistance for vulnerable groups (including victims of trafficking) is guaranteed by the law No. 10039, date 22.12.2008 “For legal assistance”. According to article 11 of the law the legal assistance from the state is provided by authorized lawyers on the form of primary and secondary legal assistance. In order to ensure a better protection for victims of trafficking The National Anti-trafficking Coordinator is negotiating a cooperation agreement with State Committee for Legal Assistance. For this purpose, in December of 2011 a meeting with the head of the commission and the National Anti-trafficking Coordinator took place who agreed in principle to draft an agreement/memorandum of understanding with the object of establishing a priority of providing legal assistance to victims of trafficking. Part of this agreement will also be the NGOs with their expertise in providing legal services.
Several studies have been carried out and reports have been drawn up on improvements of the legal framework for combating trafficking in persons. Among those we can mention two OSCE reports, “Compensation to trafficked and exploited persons in OSCE region”, published in Dec. 2010 in Albanian, and the drawing up of “Evaluation report on compatibility of Albanian legislation with Council of Europe Convention on measures against trafficking of human beings”. In March, the findings of this Evaluation Report were presented to a round table in which representatives of state, civil society and international organizations took part. The report gives some concrete recommendations according to the improvement of legal framework, so that the domestic legislation is more clearly oriented towards protection of VoTs rights. In the conclusions of this report it was mentioned that the domestic legislation that regulates the field of the fight against trafficking in persons is not compatible with the provisions of Council of Europe Convention “On measures against trafficking in human beings”. The report gives even some specific recommendations such as the proposal for drafting a new law for the fight against trafficking in persons.
In the field of improving the legal framework that deals with children, State Police, in cooperation with ONAC, prepared a draft for some amendments and additions to the Law No. 895, dated 27.01.1995 “Criminal Code of the Republic of Albania”. These changes consist of the improvement of several provisions of the Criminal Code which guarantee a more effective protection for minors and domestic violence victims. The aim is to simplify and clarify elements of the criminal act of maltreatment of minors, so that they are more easily understood and
6 A list of the full inventory of most important laws and sub-laws that regulates the field of trafficking in persons, including those approved during 2011 can be found at the end of this document - Annex I. 6
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 applied by law enforcement structures. Also, another aim is to bring in place stricter penalization and harsher penalties for those responsible, especially in cases of exploitation of children for labor, begging or other forms of exploitation. The proposals prepared have been officially sent to the Ministry of Justice on December 2011.
In order to prevent irregular taking and relocation of children to other countries (taking and relocating a child with no approval by the other parent), the current legislation and standard procedures applied during entries and exits by minors in the territory of Republic of Albania, and their provision with biometric passports, have been studied.
During 2011, State Police has prepared four studies:
“Domestic violence, measures taken and results achieved against this phenomenon”, covers the 2008-2010 period; “The phenomenon of begging in children, method of its treatment and results achieved so far”, covers the Jan. 2010-Apr. 2011 period7; “Child rights and police – the legal framework related mostly to rights of children in conflict with the law and the method of their treatment by police when under escort, in remand custody and/or arrest”; “Involvement of minors in criminal activities, during the 2008-2010 periods”.
In the framework of the program of the Agency for the Support of Civil Society (ASCS), one of projects financed by this Agency on October 2010 relates to trafficking in persons. The project was won by the Albanian Centre of Social-Economic Research and was titled “Exploitation of victims of trafficking, implications, challenges and escape from slavery of Albanian victims of trafficking” and has a value of 3.471.000 ALL/////. The project took place during 2011 with a report published8 at the end of it, including the information on implementing the project in the findings and results of the report.
2. Capacity building
After the approval of the new structure of the Ministry of Interior, in February 2011, there are three more persons working as coordinators in Anti-trafficking Unit, which is the basic structure coordinating all governmental and non-governmental agencies for the anti-trafficking action in the country. By this growth, ONAC will be able to make a better coordination of all structures and a deeper analyzing of the situation of the phenomenon.
During 2011, a special attention was made to the training of all the law enforcement agencies involved in the fight against trafficking in persons such as police, prosecution office, courts etc. During this year the State Police with the support of international organizations such as PAMECA III, SEPCA, UNODC, EUROPOLI, IOM have carried out 20 trainings, in which 280 specialists have been trained, mainly from the Sector against Illicit Trafficking and Department of Border and Migration Police.
7 For more information see the findings of this study in the Chapter III of this document – PROTECTION – Section that has to do with research and gathering data. 8 For more information see ACSER Report October 2011 7
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
During 2011, in both programs, Initial Training Program and Progressive Training Program of the School of Magistrates, different themes related to trafficking in persons have been treated, and are held many activities and trainings9. In 2012 special training for specific issues of trafficking in persons will continue such as 2 day-activities supported by IOM titled “National policies and anti-trafficking legislation”, where police officers from different qarks and prosecutors will be trained.
Furthermore in the direction of capacity building, the School of Magistrates has included in the curricula of the Initial Training Program a special subject titled “Trafficking in persons” which is held in the second semester, and is developed in 16 hours. This subject is divided in two parts. The first part contains the psychological and social aspects of trafficking in persons and victim protection, the second part contains law aspects of anti-trafficking.
3. Protection of children from exploitation, abuse and maltreatment
Recently, not only specialized structures, but ONAC as well has considered as a priority the issue of child protection. During 2011, there have been identified several cases with children as victims of crimes. During January-December 2011, according to the data10 of the Department for Investigation and Prevention of Crimes, there were 278 child victims from different criminal offenses. During 2011, there were four cases referred up to the article 124/b of the Criminal Code, and 98 cases of child victims of domestic violence.
On July 2011, after a two-week work, the Sector against Illicit Trafficking of the Police Directorate of Korça Qark has successfully succeeded in an operation detaining a citizen who was accused for “exploitation of prostitution in aggravated circumstances and maltreatment of children” - article 114/a and 124/b of CC. The citizen was from Roma community and the child was his relative.
With the relocation of the Sector for Protection of Children and against Domestic Violence (SPCDV) within the Department for Public Security, work effectiveness has increased considerably. This has been also a result of better cooperation with other crime investigation and prevention structures. There is a better cooperation with the Prosecutor Office and Courts as well, even though in practice there have been some difficulties. During 2011, there has been a concrete cooperation of this sector with the Family Sections near the Qark Courts on the proceeding of several lawsuits for the issuance of Immediate Protection Order for children in street situation or begging. In four cases, as a result of the coordinated investigative actions, it was made possible proving children maltreatment (forcing children for begging). In all these cases the necessary procedures are followed and the cases are referred to the Prosecution Office for the criminal offence of “Maltreatment of children” - article 124/b of CC.
9 For more information on the training with criminal themes developed by the School of Magistrates for the period January to December 2011 see Annex II. 10 For more information on data for criminal offences related to children, see Annex III. 8
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
During 2011, there has been an increase in the cooperation of the crime investigation and prevention police structures with local government, health centers and other actors of civil society. Here we can mention the collaboration with the Children’s Human Rights Centre in Albania (CRCA), wherewith on June 2011 was signed the cooperation agreement “On registering and publishing in the website ‘global missing children network’ GMCN, the mutual exchange of information for the finding and returning of missing children to parents or legal custodians”. In the same line, the General Directorate of State Police and “Save the Children in Albania’ have signed in August 2011 a cooperation agreement for “Supporting, treating, offering psychological and social help and reintegration to children under 14 years old, who are in conflict with the law”. In this context, there have been held six workshops, with the participation of specialists from Police Commissariats No. 1,2,3,4,5,6 of Tirana Police Directorate. On June 2011 cooperation agreement was signed between the Minister of Interior Mr. Bujar Nishani and the Permanent Representative of France in the United Nations Organization Office Mrs. Florence Mangin and the France Ambassador in Albania, Mrs. Maryse Daviet. In accordance to this cooperation agreement, a special place for interviewing children is established within the Police Directorate of Tirana Qark inaugurated on November 2011.
Based on the identified problems and the studies of the State Police, especially the study for begging, the State Police has prepared and approved an Operational Plan of Measures No. 1133 date 13.07.2011 "On the prevention and striking of criminal activity related to trafficking, maltreatment, sexual exploitation, forced labor or begging by minors, in 2011". All Qarks Police Directorates were engaged in the implementation of this Operational Plan. Some difficulties faced by the Sector for Protection of Children and against Domestic Violence deal mainly with: placement of minors in social care institutions, implementation of Article 124 / b "Maltreatment of Minors” of CC (in many cases the prosecution office decides to dismiss/suspend the cases referred by the Police) and some provisions of the law "On Measures against Domestic Violence" (In cases where immediate intervention for minors is required). Another concern is the lack of local capacity in offering social services to children.
4. Fight against the involvement of law enforcement structures in the criminal acts of trafficking in persons
To achieve their purposes, traffickers cooperate also with other persons and are continuously seeking to find corrupt persons, especially from within the law enforcement structures. Therefore, special measures have been taken to control the activity and performance of law enforcement structures. During the January – December 2011 period, ICS has not registered a any case where a State Police officer is implicated in an activity related to the trafficking in persons. In the month of July 2011, due to the ICS work, a police officer was arrested on charges of exploitation of prostitution.
5. Cooperation within and outside the country
During 2011 from the Central Structures against Illicit Trafficking nine operations in collaboration with our international partners are conducted. In performing these operations, the target is arresting traffickers involved in criminal activities in Albania, Kosovo, Serbia, Hungary, Slovenia, Austria, Greece, Italy, etc. From conducted operations, two of them with
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Greece, have as target combating the phenomenon of trafficking in women. In these two operations, have been arrested 8 persons and one of them is criminally prosecuted under free status. Also still a criminal case is under investigation, in which are included several partners, the countries mentioned above. Other operations have as their targets combating smuggling of persons and exploitation of prostitution.
Regarding extradition that have as object the criminal offence of trafficking in persons, for the period January - December 2011, a total of 4 persons were extradited on charges of trafficking in persons (1 person charged for "Trafficking of minors" - Article 128 / b and 3 persons charged for "trafficking in women" for the purpose of exploitation of prostitution - Article 114/b of CC.
Countries which we have extraditions are the following:
1 extradition with Switzerland for the crime of “trafficking in minors” - Article 128/b of CC; 3 cases of extradition for the crime of “trafficking in women” – article 114/b of CC (1 case with Kosovo, 1 with Italy and 1 with Hungary). The case of extradition to Hungary has been overseas, while two others were extradited to Albania from abroad.
During 2011, according to the information from Ministry of Justice, there have been under execution process 22 rogatory letters with object trafficking in persons. Specifically:
3 rogatory letters for "trafficking of minors" - Article 128 / b of CC (2 regatory letters for abroad and one from abroad); 18 rogatory letters for "Trafficking in women" - Article 114 / b of CC (15 for abroad and 3 from abroad); 1 rogatory letters for abroad for "Trafficking in persons" - Article 110 / a of CC.
By countries which have exchanged rogatory letters for criminal offences of trafficking in persons, we have the following data:
9 cases with Italy, for abroad (1 case for "trafficking in minors" - Article 128 / b of CC, and 8 other cases are "Trafficking in women" - Article 114 / b of CC; 7 cases with Greece, for abroad "Trafficking in women" - Article 114 / b of CC; 3 cases with England, for abroad (1 case for "trafficking in minors" - Article 128 / b of CC, and 2 other cases for "Trafficking in Women" - article 114 / b of CC); 2 cases with Kosovo (1 case for abroad "Trafficking in persons" - Article 110 / a CC, and 1 case from abroad "Trafficking in Women" - article 114 / b CC; 1 case with Austria for abroad "Trafficking in Women" - article 114 / b of CC.
Another important achievement during 2011 relates to the negotiations with the Government of Kosovo on drafting the Additional Protocol “On Intensifying Cooperation in the Fight against Trafficking in Persons”, in compliance with the Cooperation Agreement between the Government of the Republic of Albania and the Republic of Kosovo "On Police Cross-Border Cooperation" signed in Prishtina on 06.10.2009. The work on this draft protocol began in early 2011, under the coordination of the ONAC in cooperation with Republic of Kosovo and with the
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 support of the OSCE Office in Albania. This draft protocol regulates specific aspects of combating trafficking in persons and bilateral cooperation with a particular approach to children, especially in terms of exchanging information for the identification, referral and protection of victims of trafficking. This additional draft protocol has followed through all relevant procedures of the respective Governments and soon will be organized the signature ceremony.
In terms of internal coordination, during 2011 an improvement of cooperation between law enforcement structures is noticed, in particular between the Police and Prosecution Office, as well as shelters and NGOs that provide services to victims of trafficking. The periodical meetings at the General Directorate of State Police serve to this aim, pursuant to the Order of the General Director of the State Police No. 69 dated 25.01.2010. These meetings have been attended by the Deputy Minister of Interior and other representatives of ONAC, representatives of the Prosecution Office for Serious Crimes, the representatives of shelters for victims of trafficking, representatives of ICITAP, PAMECA and other guests. The last meeting due to this order was held in 31 January 2012.
In order to improve the work in terms of investigation and trial of cases related to trafficking in personas and to ensure a better coordination among all relevant institutions, under the initiative of the National Anti-trafficking Coordinator on December 2011 started the process of setting up a joint working group between the Police, Prosecution Office and the Ministry of Justice (including Courts). In this working group discussions will also be invited representatives from First Instance Court for Serious Crimes, the Appellate Court for Serious Crimes, Supreme Court, the High Council of Justice and representatives from international organizations. The working group will discuss recent concrete issues (positive practices and difficult ones) and will design recommendations for improving the situation.
6. Statistical data regarding the investigation and the trial of the criminal offences related to the trafficking in persons (TIP) for 2011.
6.1 Data from the State Police on TIP cases for 2011
The Sector against Illicit Trafficking at the State Police during the year 2011 has recorded a total of 23 criminal offences of trafficking in persons: 17 criminal offences of “trafficking in women” – article 114/b of the CC and 6 criminal offence of “Trafficking in minors” – article 128/b of the CC. For all cases mentioned above have been recorded 34 perpetrators (24 for “trafficking in women” – article 114/b of the CC and 10 for “Trafficking in minors” – article 128/b of the CC.). From 34 in total, 10 have been arrested, 3 have been detained, 18 have been preceded at free status and 3 have been declared wanted.
Criminal offences of trafficking in persons during the January – December 2011 period
Free Criminal Offences Recorded Perpetrators Arrested Wanted Detained status
Trafficking in women 17 24 8 11 2 3 Trafficking in minors 6 10 2 7 1
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Total 23 34 10 18 3 3
During the January – December 2011 period, from the State Police have been successfully organized 10 operations, with 33 perpetrators implicated in illicit crimes. According to the criminal offences results that 3 operations were for “trafficking in women” – article 114/b of the CC, with 10 perpetrators (9 of them have been arrested and 1 is proceeded in free status). The 7 other operations has to do with “Exploitation of prostitution with aggravated circumstances”, “Exploitation of prostitution”, “Use of premises for prostitution”, with 23 perpetrators in total (17 of them have been arrested. 3 have been declared wanted, and 3 proceeded in free status).
During 2011 have been attacked 6 criminal groups, 1 of them has to do with “trafficking in women” – article 114/b of the CC, with 6 perpetrators arrested. The other groups have to do with “Exploitation of prostitution with aggravated circumstances”. In cooperation with Greece have been organizes 2 joint police operations against trafficking in women, stated in article 114/b of the Criminal Code with 9 implicated perpetrators (8 perpetrates have been arrested and 1 is proceeded in free status.
During 2011, according to last data on investigated and prosecuted cases by Police and Prosecution Office, the traffickers tend to be between the age of 20-40. They have criminal records for other offences such as murder, unlawful bearing of arms etc. Regularly they tend to have the primary education or sometimes the secondary (middle school). During the phase of recruitment of victims of trafficking the traffickers collaborate with other Albanian citizens or citizens of Kosovo and in some sporadic cases with Greek and Italian citizens etc. The main recruitment manners are marriage deceit in destination countries or a verbal agreement between the victim and the trafficker for prostitution and the share of profits among them, offering security at the place the victim will work as prostitute. During 2011, there is evidence of an increased number of recruitments of victims, initially offering those jobs like waitress, bar tender, night dancer or singer. Then victims agree to work as prostitutes, sharing the profits with the traffickers. This new mode of recruitment is evidenced in destination to Kosovo and Greece.
New rubrics with data on traffickers have been provided in the new upgraded Database on Victims of Trafficking. The new program of the database on victims of trafficking will be known as System of Information on Victims of Trafficking “SIVOT” and will serve to create a clear profile of victims of trafficking and traffickers, as well manners of recruitment, transportation, and forms of exploitation etc. Already the new version of the program is on the testing phase in the General Directorate of State Police and other users, with aiming at making it fully operational within the first semester of 2012.
During the year 2011 the structures of Border and Migration Police Department (BMPD) have interviewed 14930 returned citizens (13471 male and 525 female; 823 male children, and 67 girls under 18). From this interviews have been identified 5 possible victims of trafficking. Form the Border Crossing Point (BCP) during this year have been evidenced 309 citizens in tentative for illicit crossing border, including 3 females. Within the framework of the preventive efforts, the MBPD structures in cooperation with the other structures has set up well defined procedures for its employees to be followed for the exits/entries at the BCP-s and the
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 prevention of illicit crossing border by these groups of person. These procedures specify the actions for documentation of the children that cross the border. During 2011 the conditions for accommodation and interviewing of citizens in the BCP-s are improved. Already proper location and modern equipment (computer, printer, finger printing, photographs etc.) are in place for following the procedures of interviewing persons without delay.
6.2 Data from Serious Crimes Prosecutor’s Office (SCPO) on TIP cases for 2011 During 2011 in the Serious Crimes Prosecutor’s Office (SCPO) have been registered and investigated 28 criminal proceeding dealing with trafficking in persons cases (art. 114/b, 128/b, 110/a of CC). 7 of these cases were new registered during 2011 and 21 from previous years (2009-2010). According to the articles of CC the data are as follow: 20 proceedings for the criminal offence “trafficking in women’’ – art. 114/b of CC; 7 proceedings for the criminal offence ‘trafficking in minors’’ – art. 128/b of CC. 1 proceedings for the criminal offence ‘trafficking in person’’ – art. 110/a of CC; For all the TIP cases (28 criminal proceeding) investigated from SCPO have been registered in total 27 perpetrators. Among them 5 are prosecuted.
Data from SCPO for criminal proceedings (send to trial, under investigation, dismissed and suspended) during January -December 2011: 2 proceedings for the criminal offence ‘trafficking in minors’’ – art. 128/b of CC are send in trial; 6 proceedings for the criminal offence (4 for “trafficking in women’’ – art. 114/b and 2 ‘trafficking in minors’’ – art. 128/b of CC have been dismissed; 1 proceedings for the criminal offence ‘trafficking in women’’ – art. 114/b of CC has been suspended; 6 proceedings for the criminal offence ‘trafficking in women’’ – art. 114/b of CC have been decided out of competences on subject matters11; 13 proceedings for the criminal offence (1 for Trafficking in persons – art 110/a, 9 for ‘trafficking in women’’ – art. 114/b and 3 for ‘trafficking in minors’’ – art. 128/b of CC are under investigation.
6.3 Data from the First Instance of Serious Crimes Court (FISCC) on TIP cases for 2011 During 2011, the First Instance of Serious Crimes Court (FISCC) has tried 13 TIP cases, 3 of them registered in 2011, and 10 from previous years. During 2011 the FISCC has finished the trial for 11 cases with a final decision. The data according the tried cases are as follow: For 7 of this cases the verdict of FISCC remains in effect from the Appellate Court for Serious Crimes (ACSC); 3 cases are in trial in ACSC; 1 case has been sent back for retrial to the FISC, which actually is in trial in High Court; 2 cases are actually in trial.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
For all the cases mentioned below have resulted in total 18 persons to be tried. For 6 cases (5 for ‘trafficking in women’’ – art. 114/b and 1 ‘trafficking in minors’’ – art. 128/b) has finished the trial with a final decision, in which have been found guilty and convicted 6 persons (one for each case) from 10 to 15 years imprisonment and fine from 4 to 6 million ALL or 37.983 to 56.960 $ For the criminal offence “Trafficking in persons” – article 110/a of CC there is no case registered for the period January-December 2011.
During 2011, only one case is registered by FISCC with the subject of sequestration and confiscation of assets of citizen’s accused for trafficking in persons. Based on the decision No. 14, date 14.12.2011 of the FISCC, there have been confiscated the assets of two citizens suspected for TIP and their collaborators, whom are under investigation in Greece for several criminal offences such as: “Creation of criminal organizations, trafficking in persons for exploitation of prostitution, money laundering, etc. Based on the law No. 10192, dated 3.12.2009 “On prevention and striking organized crime and trafficking through preventive measures against assets” from those citizens have been confiscated bank accounts, including their interests in total 2 576 510 Euro and 967 $ USD. Actually, this case is in trial in the Appellate Court for Serious Crimes in Tirana. Also, during 2011, the State Police has registered in total 661 criminal offences of illicit trafficking for which have been confiscated 11.17 milliard ALL (the value of confiscated assets) and 7.5 million euro confiscated for money laundering.
6.4 Data from the First Instance of Serious Crimes Court (FISCC) on TIP cases for 2011 During 2011 the Appellate Court for Serious Crimes (ACSC) reviewed 12 TIP cases. For all the tried cases the decisions of ACSC concluded as follow:
For 7 cases remain in force the same decision “Verdict” taken from the first instance court; For 1 case has been decided the revocation of the verdict of FISC and the case was dismissed12; For 2 cases has changed the sanction (decrease the penalty) for convicted persons (one for each case - from 13 to 11 years imprisonment and for the other person from 15 years imprisonment and 6 million ALL to 7 years imprisonment and 4 million ALL); For 1 case has been sent for trial in Constitutional Court; For 1 case 1 has been decided the revocation of the verdict of FISC and sent back for retrial13.
6.5 Data from the Supreme Court on TIP cases for 2011
According to the information taken from the Supreme Court results that during 2011 there have been treated in total 17 TIP cases:
12 Albanian version - Prishje e vendimit dhe pushimin e çështjes 13 Albanian version - Prishje e vendimit dhe kthim të akteve për rigjykim 14
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
11 cases for “trafficking in women’’ – art. 114/b of CC (form which, 6 were new, registered during 2011 and 5 from previous year - 2010). From all the cases mentioned above during 2011 has been tried only one, for two cases have been decided in the Counseling Room the disapproval of the recourse and 8 cases are waiting for trial; 6 cases for “trafficking in minors’’ – art. 128/b of CC (form which, 4 were new, registered during 2011 and 2 from previous year – 2010). All the cases are in Counseling Room of the Supreme Court. Only for one case the Counseling Room has decided for the disapproval of the recourse, and the other 5 cases are waiting for trial.
7. Recommendations
Improve cooperation among law enforcement structures and establish a good practice, effective coordination between the Police and Prosecution Office of Serious Crimes, especially in terms of better investigation of the cases of trafficking in persons; Unify statistics, in reporting figures, as well in the approach unification on the referral of the case by all relevant law enforcement agencies (police, prosecutor, court) under the provisions of Criminal Code offences of trafficking in persons, provided for in Articles 110 / a, 114 / b and 128 / b of the CC); Focus on internal trafficking, especially trafficking of children for new forms of exploitation such as: labor, begging, and prostitution; Improve regional and international cooperation in combating trafficking in persons and approximation of the investigation and trial of cases of trafficking in persons based on an updated legislation and in compliance with the acquis communautaire; Finalize the initiatives to improve the legal framework based on proposals made by the National Anti-trafficking Coordinator. Implement the recommendations of the Report of the Council of Europe regarding the implementation of the Convention of the Council of Europe "On Measures against Trafficking in Human Beings" by Albania, but also the recommendations of Institutions and other international organizations, such as European Commission and U.S. Department of State.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
The National Action Plan on the Fight against Trafficking in Human Beings provides an extended number of activities that aim at ensuring the protection and assistance of victims/potential victims of trafficking. The activities on this pillar have a victim focus approach: identification, rehabilitation and full reintegration of the victim. In Albania victims/potential victims of trafficking (PVT) benefit rehabilitating and reintegration services, protection during their stay in the shelter, and special protection.
To achieve this goal, the Office of the National Coordinator in the Fight against Trafficking in Persons (ONAC) has compiled the Standard Operating Procedures on the Identification and Referral of Victims/Potential Victims of Trafficking (SOPs), which were approved by DCM no. 582, date 27.7.201114. These procedures are making possible for a well-coordinated and comprehensive identification, referral and protection. The implementation of procedures supplemented with special trainings has made possible for the enhancement of identification skills of the law-enforcement personnel, social service providers and consulates, public health providers, education personnel, and State Labor Inspectorate. The implementation of the SOPs has provided a distinct increase of cooperation and partnership among the above mentioned agencies, the pace and accuracy of actions has increased with regard to identification and referral. During year 2011 there have been identified, referred, protected and assisted eighty four (84) victims/ potential victims of trafficking, 39 are children. Out of which, by means of SOPs is made possible the identification, referral, protection and assistance of 46 victims/potential victims of trafficking. Services provided to the victims of trafficking (VT) and PVTs are not conditioned by the willingness of the victims to cooperate with law- enforcement agencies. Services15 provided in the shelters are monitored, to ensure such, there have been adopted the social care standards at residential centers for trafficked persons or those at trafficking risk.
Besides the adoption and implementation of SOPs, during the year 2011, there have been important developments with regard to the protection and assistance of victims/potential victims of trafficking:
- Shelters16 have provided services for 84 victims/potential victims of trafficking; - NATC17 chairs the working group that is drafting the project-act on the facilitation of benefiting medical services for victims of trafficking;
14 DCM no. 582 date 27.07.2011 “On the adoption of standard operating procedures for the identification and referral of victims/potential victims of trafficking”. 15 DCM no. 195, date 11.4.2007 “On the approval of social care standards at residential centers for trafficked persons or those at trafficking risk.” 16 With shelters we mean: state or non-state residential institutions licensed according to legislation in force to provide assistance and protection services for persons who are potential victims of trafficking, trafficking victims, and persons at risk for being trafficked. 17 National Anti-Trafficking Coordinator 16
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
- The government financing of shelters, part of the National Coalition of Anti- trafficking Shelters, has continued; - The revision of The Cooperation Agreement “On the Functioning of the National Referral Mechanism for the Victims/Potential Victims of Trafficking” is being finalized; the Agreement foresees the expansion of partners and the strengthening of referral mechanisms; - ONAC is working on ensuring the facilitation and improvement of support and free legal assistance for the victims of trafficking.
1. National Referral Mechanism for the Victims of Trafficking
During year 2011 the members of the National Referral Mechanism18 (MNRM) and ONAC have put continued effort to make possible the strengthening and full functioning of the mechanisms that provide for the coordination of efforts in the identification, referral, assistance and reintegration of victims of trafficking. An important tool for this purpose are the SOPs, which have made possible the institutionalization, structuring and binding of actions to ensure the identification, referral, rehabilitation and reintegration of victims/potential victims of trafficking. The implementation of SOPs has increased the communication, partnership and agility of actions among MNRM. The members of the Responsible Authority have been active in following up on the cases that have special implications.
Currently, ONAC is finalizing the revision of the Cooperation Agreement on the Establishment of the National Referral Mechanism, agreement signed on July 18th, 2005. The new dynamics of the trafficking phenomenon, the establishment of new structures require a new orientation of activities and undertaking of the objectives, as a result it was deemed as necessary the immediate revision of the Agreement. Within the first half of the year 2012 it is expected the signing of the Agreement by the Parties. The revised Agreement will make possible for the prompt identification, referral, protection, assistance and reintegration of victims/potential victims of trafficking with the highest commitment of Parties; it will ensure the implementation of SOPs, it will improve and strengthen the member’s partnership. New parties of the Agreement will be: Ministry of Health, Ministry of Education and Sciences, and World Vision, the latter is a committed organization on the protection and prevention of child exploitation.
2. Transnational Mechanism of Identification and Referral of Victims of Trafficking TRM- II
Regional Project of ICMPD, financed by USAID “Enhancing Transnational Cooperation on Trafficking Cases in South-Eastern Europe (TRM-II)” aims at building the referral model which facilitates the cooperation at the operational level among destination, origin and transit countries. This program supports the implementation of Guidelines for the Development of a Transnational Referral Mechanism for Trafficked Persons (TRM Guidelines). The focus of activities is the assistance and the referral measures on victims of trafficking- children and victims of trafficking
18 General Directorate of State Police, Ministry of Labor, Social Affairs and Equal Opportunities, Ministry of Foreign Affairs, National Receptive Center for the Victims of Trafficking, Tjetër Vizion-Elbasan, Different & equal- Tiranë, Vatra-Vlorë, ARSIS-Tiranë, IOM. 17
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 exploited for labor, as well as the strengthening of mechanisms on the exchange of information among policy-making and operational structures. At present, this project will be focused in the special assistance and referral measures for children, victims of trafficking and victims of labor exploitation and aims at strengthening the mechanisms of information exchange among main anti-trafficking actors, at the policy-making and operational level, with the use of bilateral and multilateral meetings in the region and beyond and contribute towards the building of the anti- trafficking partnerships among the EU countries and Southeastern Europe. The regional cooperation is supported by the bilateral and multilateral agreements such as with Greece, Kosova and Macedonia19. 3. Identification of Victims/Potential Victims of Trafficking
The goal of the government actors and non-governmental actors, state actors and non-state actors, directly or non-directly engaged, in the fight against trafficking of persons, is the increase of the number of identifications and referrals of victims of trafficking exploited, within the country, abroad and self-identifications. Identification is the most important process in the chain of efforts to ensure the protection of and assistance to victims of trafficking. At present, every identification and referral of victims/potential victims of trafficking is conducted in compliance with the Standard Operating Procedures for the Identification and Referral of Victims of Trafficking. The identification sources have been wide: General Directorate of State Police, State Social Service, shelters, Serious Crimes Prosecutor’s Office, NGOs, family. During the year 2011, eighty four (84) victims/potential victims of trafficking have been identified, referred, protected and assisted out of which 39 have been children. Out of the 84 victims/potential victims of trafficking, forty-six (46) have been identified in compliance with the SOPs. Victims of trafficking are females (adults) and children, from both urban and rural areas origin, a high percentage have no formal education and professional skills. There are no differences in ethnic groups.
To facilitate the implementation of SOPs, the Ministry of Interior/NATC, supported by the USAID financed project “Capacity Building against Trafficking in Persons” implemented by IOM, published in December 2011, “The Standard Operating Procedures for the Identification and Referral of Victims of Trafficking”. The procedures were disseminated to all the implementing structures throughout the country, the procedures are published on the website of the MoI, www.moi.gov.al/njesiaantitrafik. Also, ONAC and IOM have planned on conducting trainings with participants from: the General Directorate of State Police (anti-trafficking, border, minors), State Social Service, Regional Directorates of Education, Regional Directorates of Public Health, State Inspectorate of Labor etc. Up to the present training have been conducted in:
Shkodra, 19-20, January 2012; Durrësi, 26-27, January 2012; Tirana, 2-3 February 2012; Fier, 9-10 February 2012;
19 Further information on the regional and international meetings ONAC participated, could be found in the Coordination section. 18
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Vlora, 1-2 March 2012; Lezha, 8-9 March 2012; Berat, 15-16 March 2012.
Up to the present 280 persons have been trained; until the end of April, trainings will be conducted in: Korça, Kuksi, Dibra, Gjirokastra, Elbasani. Also, to enable the facilitation of the use of SOPs, ONAC in cooperation with IOM is compiling brochures which will contain simplified information on SOPs for all the responsible actors involved in the identification and referral of victims/potential victims of trafficking: anti-trafficking police, border and migration police, sector on the protection of minors, state social service providers, public health providers, education agencies, State Inspectorate of Labor. These brochures will be approved in the form of orders/guidelines by every superior involved in the implementation of SOPs. 3.1 Identification and Police
The General Directorate of State Police has continued to be active in identifying cases of trafficking, by implementing accordingly the SOPs, as a crucial link in the formal interview and formal identification of victims/potential victims of trafficking. State Police has cooperated closely with the National Coalition of Anti-trafficking Shelters and MNRM on providing the necessary services for the victims of trafficking. Trainings have been entensive.
Trainings on the implementation of SOP shave been conducted by the State Police structures, during the months of November-December when three trainings were conducted (involving 4 qarqe per training) in Tirana, Vlora, Shkodra, with the participation of 15 persons/per training. In these trainings there were involved officers from the anti-trafficking sector, border and of the investigation and prevention of crime/domestic violence and minors’ protection. 3.2 Identification and State Social Service and Civil Society
In Albania the initial identification of victims of trafficking is conducted by all the actors that have the ability to identify potential cases of trafficking in persons. An important role in the initial identification of potential victims of trafficking plays the civil society, the organizations part of the NRM and other organization that operate in this field.
State social workers of the regional offices of State Social Services as well as the social workers of the National Receptive Center for the Victims of Trafficking have conducted the formal interview for the identification of victims/potential victims of trafficking. In compliance with the SOPs the social workers of shelters have the opportunity to be present during the formal interview and on agreement basis with the regional offices of State Social Service; they may conduct the formal interview on the place of the state social worker.
To entice the cooperation among law enforcement agencies and civil society, to ensure an improved identification of persons, notably of children, ONAC made possible the pilotage of establishing social workers in the border crossing point of Kapshtica. ARSIS, an organization, member of the NRM since the April of 2010 and an organization specialized on providing services to children expressed its willingness and commitment of establishing social workers in this border crossing point. Cooperation is regulated by a bilateral agreement
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
3.3 Identification and the Directorate of Consular Services, Ministry of Foreign Affairs
One of the main commitments of the Ministry of Foreign Affairs, as a member of the National Referral Mechanism, is the enticement of diplomatic and consular representatives on making use of all the available sources of identification, protection and allocation of assistance to the victims of trafficking. In compliance with the SOPs, MFA has instructed embassies and consulates on institutionalizing the cooperation with the destination countries and NGOs.
On February 16th- 18th, 2011, it was conducted in Thessaloniki the monitoring technical working group on the implementation of the SOPs and the Greek authorities (police, prosecutor’s office and shelters). To ensure the implementation of SOPs there have been conducted two trainings with officials of the consuls’ offices and liaison officers in the neighboring countries and countries of destination (Italy, Greece, Austria, Germany, Belgium, United Kingdom, Sweden, and France). The first training was conducted at the end of September, whereas the second training on December 14th-16th, 2011; in these trainings participated 30 consuls and liaison officers. The trainings were organized by ONAC with the support of IOM, UNODC and MFA. The seminar served as an informative occasion on: TIP, specific tasks according to the SOPs and migration issues in the new Albanian context after visa liberalization and the exchange of information on trafficking cases.
1. 4. Protection of Victims of Trafficking Witnesses
Albanian legislation provides specific measures for the special protection of those persons that fulfill the criteria under law no. 10173, date 22.10.2009 “On the protection of witnesses and collaborators of justice”, and the sublegal acts that derive from the law. On the basis of the proposal made by the General Prosecutor on December 2011 has been accepted in the protection program one victim of trafficking (female) which has cooperated with the Prosecutor’s Office on the offence of “Trafficking of women” article 114/b of the Penal Code.
2. 5. The Support of the National Coalition of Anti-Trafficking Shelters on the Protection and Assistance of Victims/Potential Victims of Trafficking
In Albania during year 2011 four shelters20 have been operational; these shelters have offered high quality services for victims of trafficking. Services in the shelters range from the phase of identification of the victim of trafficking, the providing of immediate assistance, rehabilitation and reintegration programs.
5.1 Government support for the anti-trafficking shelters
The Government of Albania is determined to create all conditions that will secure the sources necessary for sustainable quality services for victims of trafficking, meaning strengthening and continuity of sources for anti-trafficking shelters.
The Ministry of Labor of Albania (MLSAEO) administers the NRCVT, a social care organization that offers residential services for VTs and/or PVTs. The goal of the NCRVT is
20 National Receptive Center for Victims of Trafficking, Different &Equal, Tjeter Vizion. 20
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 offering assistance for the rehabilitation and reintegration of victims of trafficking, nationals and foreigners. For the year 2011, 40.950 million leks (29,629.62 Euro, $ 39,960.03) were allotted to NCRVT (salaries, insurance, operational expenses and investments) where 18 million leks out of the total amount 39.4 Million lek have been allotted (salaries, insurance, operational expenses and investments).
MLSAEO has also strived to ensure functioning and government support for the full functioning of public non-governmental shelters that offer services to victims of trafficking “Different and equal”, “Other Vision” “Vatra”. Pursuant to Article 4, of Law Nr. 10252, dated 11.03.2010 “On some amendments to Law 9355”, and pursuant to Law Nr. 10355, dated 02.12.2010 “On the budget of 2011”, Instruction of the Ministry of Finance Nr. 4, dated 27.01.2011 “On the implementation of the state budget for 2011”, MLSAEO transfers funds (food) to the Social Protection Program for victims of trafficking beneficiaries who receive social services from providers of non-public services: Other Vision, Different and Equal, Vatra for a six-month period.
Based on information from the shelters on the number of beneficiaries that receive services at each center, which was submitted to the Directorate of Social Services Policies, during the first half of 2011 the state budget has allotted 1,026,480 leks (7603. 55 Euro, $ 10,254.54) (to the Social Protection Program. Specifically: To “Other Vision” 101 920 leks (754.96 Euro, $990.82) To “Different and Equal” 560 560 leks (4152.29 Euro, $5096.23 To “Vatra” 364 000 leks (2696.29 Euro, $3309.09)
In compliance with the above mentioned legislation, the Ministry of Labor, Social Affairs and Equal Opportunity has projected a fund of 2 milion leks (14814.81 Euro, $18181.81) in the Program of “Social Protection” for the local government units for victims of trafficking that receive services of social care.
5.2 Support from international partners for the Coalition of Anti-trafficking Shelters and protection for and assistance to victims of trafficking
“Follow on Anti Trafficking Effort” a program funded by USAID and implemented by IOM offers support for the National Coalition of Anti-trafficking Shelters to ensure protection and assistance for victims of trafficking. This program has tried to strengthen advocacy work by civil society and to support dialogue and coordination of approach between the government and civil society. The project has three main goals: a) capacity building for shelters, b) increasing cooperation between civil society and state anti-trafficking agencies, and
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
c) building capacities of civil society to prevent trafficking and to protect victims of trafficking.
In the framework of this project, in cooperation with ONAC, MLSAEO, SSS and KKSAT, four trainings were organized with employees of the SSS and social administrators in the cities of Tirana (60 participants), Shkoder (60 participants), Korça (45 participants) and Vlora (50 participants). The presentations had the following topics: Efforts of the Albanian government in combating trafficking; Identification and the referral process for victims of trafficking; The profile of victims of trafficking; Services offered for victims of trafficking in residential care; Evaluation of the family situation of the VoT and monitoring of services offered during the reintegration process.
“Vatra” shelter during the reporting period has implemented the project “Direct assistance for victims of trafficking, potential victims of trafficking and victims of domestic violence”. This pProject, up to July 2011 has been financed by IOM funded by USAID, Kvinna Till Kvinna, The Sigrid Rausing TRUST London, Open Society Foundation for Albania SOROS.
“Tjeter Vizion” shelter during the reporting period has implemented the Project “Empowerment policies for efficient reintegration of victims of trafficking” financed by King Badouin Foundation for the period April 2007- March 2011. Also, the Project “Empowerment of social services for the efficient reintegration of victims of trafficking” financed by IOM for the period October 2010 – September 2011.
“Different and Equal” shelter has implemented the Project “Offering sustainable reintegration assistance to former Albanian victims of trafficking”, whose donors are USAID/IOM, the Vodafone Albania Foundation, King Baudouin Foundation, Norwegian Foreign Ministry, UN.GIFT, MIVA, MLSAEO/Municipal unit Nr.7.
3. 6. Activities of the National Coalition of Anti-trafficking Shelters
During the reporting period shelters have offered physical security for victims of trafficking and, in cooperation with other agencies; have offered full social, medical, psychological and legal assistance for all victims of trafficking they accommodated. Below is a detailed representation of the most important activities of anti-trafficking shelters during the year 2011.
6.1 Services offered by the National Coalition of Anti-trafficking Shelters
The Albanian government and non-governmental agencies have created the opportunity to provide specialized and quality services. In Albania, services are provided to victims and potential victims of trafficking. In all the shelters upon accommodation and fulfillment of all the
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 immediate needs, within a deadline the multidisciplinary team carries out an evaluation of the psycho-social, health, legal and educational needs. Afterwards, the social worker drafts the assistance plan, in cooperation with other professionals in the shelter, depending on the needs of the beneficiary. This plan is approved by the beneficiary and is implemented during the period of accommodation in the shelter. The shelters are specialized to provide assistance in three stages: initial assistance, short-term assistance, long-term assistance.
6.1.1 Psycho-social assistance/counseling:
The shelters offer to the victims of trafficking counseling and group information sessions or individual counseling; these informative sessions are provided by the shelters’ staff and outside support.
Informative sessions are offered daily21. These daily sessions aim at improving the level of knowledge of the beneficiaries in the economic-social-cultural and educational fields.
One on one counseling are provided in compliance with the needs and concerns presented by the beneficiary and adapted to the objectives established in the rehabilitation and reintegration plan.
“Vatra” has conducted 238 one on one counseling sessions with the beneficiaries. “Tjetër Vizion” has conducted continues counseling sessions with the beneficiaries residing in the shelters. “Different & Equal” has conducted 4600 sessions in total, the counseling sessions have been individual and in group.
The shelters conduct testing and questionnaires on the feelings and emotions of the beneficiaries. At the end of the tests has resulted that they have experienced and are experiencing anger, fear, shame and insecurity etc. After this conclusion group sessions have been conducted, the sessions have focused on emotional healing and post-traumatic management. “Tjeter Vizion” has conducted sessions where social topics have been treated.
“Different and Equal” during the reporting period has conducted 10 art therapy sessions and group therapy focused on different topics. Also, the center has conducted in cooperation with the association Reflections and the University of Padova, have conducted 8 psy-drama sessions, with a duration of 180 minutes for each person by two Italian therapists specialized as psy- dramatists
6.1.2 Legal assistance:
NATC is committed to improve the access of victims of trafficking to justice. As a result, with the initiative of the NATC have been proposed by ONAC several amending proposals to the
21 Informative and facilitating group sessions provided by the NRCVT, we can mention: “Values and society norms”, “Stress management and adaptive means”, “Competencies, hierarchy and their distribution”, “Prejudgments. How to treat this phenomenon”, “Conflict management and communication manners”, “Mini-quizzes and competitions on literature, geography topics etc.”, “The rights and obligations of people”, “Compliance with the internal rules of the shelter”, “Family and society, important supports for the reintegration”, “Division of responsibilities and accountability”, “Free time management through recreational activities and sports”, “How to design a CV and referral means ”, “Self-employment and private activities” etc. 23
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Penal Procedure Code, proposals referred to the Ministry of Justice which will make possible for the facilitation and improvement of support and legal assistance for victims of crimes. Also, the NATC has communicated with the highest officials of the State Commission on Legal Assistance to ensure improved means of institutional cooperation and partnership with all the other actors, especially with the International Organizations and specialized NGOs in the field of legal assistance for victims of trafficking, exclusion from fees in the legal proceedings, access in free legal assistance. ONAC will draft a Cooperation Memorandum between ONAC and State Commission on Legal Assistance that will give priority in access to free legal assistance for victims of trafficking, adults or children.
Shelters in cooperation with the specialized organizations in the legal matters carry out legal evaluations for all new beneficiaries that are accommodated in their shelters. In addition to the legal evaluation, the shelter’s lawyers follow processes of cases that have filed charges, and inform the beneficiaries on different legal issues. The shelter informs that during the reporting period there has been close cooperation with anti-trafficking police officers. Beneficiaries that have been involved in court processes have regularly attended meetings with case prosecutors and anti-trafficking police officers. At the same time, beneficiaries have been offered legal counsel and assistance. Of course, the need for continuity and strengthening of cooperation is indispensable.
The OSCE reports that as part of the efforts of this organization to increase access of victims to the justice system, this organization has cooperated with the Center for Legal and Citizen Initiatives (CNI), which has offered legal assistance for the victims of trafficking free of charge. This assistance consisted in following cases of victims during court processes, starting with informing the victim of her rights and procedures that should be followed during court processes, filing charges, criminal or civil, following the case at the prosecutor’s office or in court, legal representation of the victim in court, as well as efforts to implement final decisions. The OSCE reports that 21 victims of trafficking in human beings have been given assistance in the form of free legal advice by the CNI. At the moment three cases of victims of trafficking who have filed civil suits during the criminal proceedings requesting indemnification are in process. The CNI has made continuous efforts regarding implementation of final rulings of the Court of the Judicial District of Tirana for indemnification of the victim for damages incurred during the time of exploitation.
6.1.3 Medical assistance:
The conditions in which victims of trafficking have lived and the means of exploitation, cause serious health concerns to the victims. During their stay in the shelter the victims received continuous health check-ups, the diagnosis are conducted by the shelter’s doctor and the respective specialists. Some of the cases remain problematic, as in the cases of substance dependence, cases of mental disorders, dentistry. These cases require not only special treatment in special hospital settings, but also have high financial costs. To this purpose a Joint Order No.2551/3, dated 28.7.2011 “On the Establishment of a Working Group” established a working group to draft a project-CMD on that will facilitate the medical services received by victims of trafficking. The working group consists of representatives from MoH, MLSAEO, IHCS, SSS, Anti-trafficking Unit at the Ministry of Interior, representatives of the National
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Coalition of Anti-trafficking are invited to participate in discussions. This group has compiled a project - CMD “On the treatment and profit of health services of victims of trafficking” which soon will have the approval of the Council of Ministers. This CMD will ensure the access of victims of trafficking to free and facilitated health services.
Medical assistance has been ensured in cooperation with the Regional Directorates of Public Health and women’s centers. Shelters have provided check-ups for all victims/potential victims of trafficking. “Vatra” shelter has conducted in cooperation with the Directorate of Public Health, Vlora, 164 check-ups in total by the doctor of the shelter and specialist doctors. “Tjetër Vizion” shelter has made possible for 9 beneficiaries medical examinations, medical analysis and medications. Also, “Different & Equal” shelter has provided diagnosis, treatment, information and health education in continuity. This shelter has cooperated with UFO – University (Dentistry school), to ensure free dental care for the beneficiaries of the program and signed a cooperation contract on this, also it has cooperated with “Hygeia” Greek Hospital and the Institute of Public Health.
6.1.4 Education:
Following an evaluation to determine the educational level of each beneficiary, an educational/instructional plan is drafted as part of the individual reintegration plan. The shelters, in cooperation with the regional educational directorates have made it possible for a number of beneficiaries to enroll in schools and continue their education. The teachers at the shelters conduct classes in the shelters with the beneficiaries. In total 41 beneficiaries have been enrolled in school.
6. 1. 5 Professional qualifications:
The shelters in cooperation with the Regional Offices of Employment conduct courses that aim at building the professional capacities of the victims and their reintegration, the most frequent courses are tailoring and hairstyling courses. NRCVT reports that the sessions of courses are conducted 3 times a week. “Vatra” shelter reports that this year 35 women and girls received professional trainings by the shelters in cooperation with the employment offices. “Tjetër Vizion” shelter has conducted professional courses on hair-styling for 3 VT, tailoring, cooking, computer skills, and foreign languages. These last courses are supported financially by IOM. “Different & Equal” reports that 19 beneficiaries have attended different professional courses. This shelter has made possible professional trainings. All the 24 beneficiaries have attended different professional courses as social assistants, hairstyling, tailoring, esthetics, babysitter, cooking, secretary as well as computer courses and foreign languages. All the victims of trafficking have attended different professional courses.
6.1.6 Employment:
It has been years that the shelters cooperate with the Regional Employment Directorates. But even though the assistance of the directorates has been continuous, the shelters note that should be more sustainability in the employment of VoTs. The shelters estimate that the only programs that are successful in employment are those that stimulate employment, which are implemented
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 by the state, and through which, beneficiaries are trained for a four month period by the Regional Employment Directorate and, after that 4 month period, are given a 1 year work contract at their respective employment entity.
“Vatra” shelter reports that during the period there have been employed from this shelter in private enterprises (clothes store, grocery, fast-food, tailoring etc.) 27 girls and women.
“Tjetër Vizion” shelter reports that there are under process for employment, 3 VT and 2 PVT, this is done in cooperation with the Regional Employment Directorates and local business. Also, this shelter has made possible employment grants for 2 PVT and 1 VT. These grants are financially supported by IOM.
“Different & Equal” shelter reports that 21 beneficiaries are employed as: designers; operators; fast-food employee; tailoring; assistant hairdresser; assistant cook; laundry; internet cafe; worker in factories. This shelter in cooperation with ONAC and the Regional Employment Office – Tirana organized a training for the Office on the topic of: “Successful reintegration of victims of trafficking through employment in the Albanian society”. In this training participated the personnel that works directly with the individuals (job seekers), employment agents, personnel from the program on employment enticing, and also there were invited business representatives that cooperate with the Employment Offices. The training was focused on the victims of trafficking’s needs for vocational training and employment, challenges of employment and how to better cooperate, government’s priorities on victim’s protection, communication with victims of trafficking and ethical work principles etc.
In total it was made possible the employment of 56 victims/potential victims of trafficking.
6.1. 7 Economic assistance:
“Vatra” shelter reports that in the framework of Decision Nr. 796, dated 08.09.2010 “On some additions and amendments to Decision Nr. 787, dated 14.12.2005 of the Council of Ministers ‘On the specification of criteria, procedures and measures of economic assistance’ amended”, this shelter is supporting some of the former victims of trafficking in the process of obtaining economic assistance. One of the beneficiaries is receiving this aid, two others have submitted documents to the respective municipalities, and others are in process.
6.2.8 Establishment and monitoring of micro-business:
The shelters work continuously with international organizations to raise funds to establish micro businesses.
“Vatra” reports that in total, since the year 2009 have been established 10 microbusinesses which continue to be monitored. These businesses are monitored every month by the Vatra staff, to determine their advancement, problems and challenges that are encountered throughout the business’s management, advices are given, as well as solutions to the problems etc.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
“Different & Equal” reports that actually 6 cases are managing their businesses. D&E has continued to monitor and support the beneficiaries that have opened their own businesses during the year 2010 (2 tailoring businesses, 3 salons). Besides the challenges of the first years, the continuance was good.
6.1.9 Assistance for the children of the beneficiaries
The shelters offer a very important service, care for children whose mothers are victims of trafficking.
“Tjetër Vizion” shelter has made it possible for two children of VoTs to enroll in school and kindergarten.
“Vatra” shelter reports that it accommodated at the shelter for a long period of time a beneficiary with a child. The child was assisted with preschool progress, reading, drawing or creative games, as well as free time in the shelter’s playground, under the supervision of staff. Also, this year, the son of a beneficiary was registered free of charge in kindergarten, whose performance in kindergarten was monitored by the teacher of the center and the social worker.
“Different & Equal” reports that 15 children accompanied by their mothers have been offered assistance. This shelter implemented the project (September 2010-February 2011) “Empowerment of young mothers, victims of trafficking and domestic violence, to raise healthy children” donor was the Embassy of the Unites States of America in Tirana. This project aimed at offering to the mothers in the program the knowledge and necessary skills on child development, care and services for them, by preparing the mothers and children for a safe, healthy and independent life.
6.1.10 Reunion with families:
One of the challenges the shelters face in their work is establishing contacts with the families of the victims of trafficking or potential victims of trafficking and making possible the return to family. The shelters assist in mediation in the relations between the victim and the family (in cases when the family did not take part in their recruitment). “Vatra” shelter has made possible the return to family of 12 beneficiaries. “Tjetër Vizion” shelter has made possible the return to family of 4 PVT. “Different & Equal” has made possible the family reunion of 6 beneficiaries.
6.1.11 Social activities outside the shelter:
The shelters report that activities of recreational and relaxing nature are organized frequently. These activities are necessary for the mental and physical health of the beneficiaries. More
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
specifically they organize field trips, beach trips, birthday parties for the beneficiaries, celebration of national holidays, movie nights, theater, nature trips, taking children to the playground, etc.
6.1.12 Monitoring and follow up of cases:
Following the offering of all these rehabilitating and reintegrating services, the third and most important step is the follow up and monitoring of the cases in the long-term reintegration process. Forms of monitoring and follow-up of cases consist of visits that social workers pay to the families of victims, to their residences, conversations with their relatives. The shelters report that the monitoring process is focused mainly on the health of the beneficiaries, their employment status, requirements for professional growth through more advanced courses, state of relations with the family, interpersonal relations, legal assistance, psycho-social counseling needs, security problems, management of daily activities and income. “Tjetër Vizion” shelter has monitored for an extended period of time of over a year, 11 cases of PVT. “Vatra” has monitored 77 victims of trafficking, at home, at work etc. “Different & Equal” during the second and third phase of the program conducts the process of monitoring. The process of monitoring is done periodically through direct interviews with beneficiaries. 4. 7. Compensation of Victims of Trafficking
ONAC is committed to secure and guarantee legal compensation and indemnification for VoTs. According to the Albanian legislation one of the forms of compensation and indemnification for victims of trafficking through the victims’ compensation fund. The Ministry of Finance reports that the special fund was not created for the year 2011. Pursuant to Law 10192/2009, distribution of funds will be determined by Order of the Minister of Finance, from the funds obtained from confiscated property.
The establishment of a State Compensation Scheme for indemnification and rehabilitation of the victims of trafficking in human beings, can be achieved by using both confiscated properties and funding from the government through an act on the administration of funds that come from confiscated criminal assets. 5. 8. Recommendations
Strengthen cooperation and trust of MNRM; Finalize the signing of the Agreement on the Functioning of the National Referral Mechanism for victims of trafficking; Continue trainings that offer information on the best practices for the identification of victims of trafficking. Cooperation between structures of the State Police and the National Coalition of Anti-trafficking Shelter should continue to get stronger; Continue training that offer information on the best practices for the identification of victims of trafficking; Continue trainings consular employees in embassies to identify persons that might be at risk of being trafficked; Continue government financial support for government and non-government shelters;
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Continue to strengthen the role of special prosecutors for trafficking cases and the advocating role of the coordinator for victims; Facilitate healthcare services for victims.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
PREVENTION
Prevention of trafficking in persons continues to be a key course in the National Action Plan for the Fight against Trafficking in Human Beings 2011 -2013. Preventive activities are focused mainly on raising public awareness about the trafficking phenomenon and issues related to it, education, increase of social involvement of groups in need, offering alternatives to trafficking, social and economic development initiatives and lowering the poverty level.
The main preventive activities for the year 2011: Adoption by DCM of the “National Action Plan for the Fight against Trafficking in Human Beings 2011 -2013” and its supplementary document “National Action Plan for the Fight against Trafficking in Children and Protection of Children Victims of Trafficking 2011-2013”. Adoption by DCM of Standard Operating Procedures for the Identification and Referral of Victims and Potential Victims of Trafficking, which assist all governmental and non- governmental agencies involved in identification, protection and referral of victims/potential victims of trafficking. Establishment and functioning of the State Agency for the Protection of Children’s Rights (SAPCR), subordinate to the MoLSAEO, tasked to monitor implementation of the law “On the Protection of Children’s Rights”. Continuance by ONAC of trainings for the Regional Anti-trafficking Committees in all regions of the country in the framework of intensification of efforts for preventing and combating trafficking in persons. Establishment and functioning of two Child Protection Units, at the Municipal Unit No. 4 Tirana and Dermenas commune, Fier, consolidating the chain at the local level for the identification, protection, and referral of children in need. Establishment and functioning of the “House of Colors Center” by the Municipality of Tirana in cooperation with Arsis organization responsible for treatment of children in crisis situations. Undertaking of a nationwide campaign against exploitation of children for work and begging titled “Childhood is not exploitation for work” by the ONAC in cooperation with “United for Child Care and Protection” coalition. Undertaking of a number of measures by the ONAC and the General Directorate of Civil Registry in cooperation with the “Tirana Legal Aid Society”, Ministry of Health, and Ministry of Foreign Affairs to enable the registration of those persons not yet registered in the Official Register. Undertaking of a project on prevention of child work exploitation with the involvement of Labor Inspectorates and the Chamber of Commerce by the ONAC in cooperation with the OSCE.
1. Improvement and completion of the legal framework The “National Action Plan for the Fight against Trafficking in Human Beings 2011 -2013” and its supplementary document “National Action Plan for the Fight against Trafficking in Children and Protection of Children Victims of Trafficking 2011-2013” were adopted by DCM Nr. 142, dated 23.02.2011. The Ministry of Interior, in cooperation with UNODC, organized the Meeting
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 of the State Committee for the Fight against Trafficking in Human Beings on 1 July 2011, during which the two action plans were presented jointly with the annual report of the ONAC. Participants of this meeting were high representatives of central and local government, representatives of diplomatic corps and civil society, who reiterated their commitment to continue to be an active part in preventing and fighting trafficking in persons.
The State Agency for the Protection of Children’s Rights (STPCR) is established pursuant to the Law “On the Protection of Children’s Rights” No. 10347, dated 04.11.2010 and by Order of the Prime Minister No. 30, dated 18.03.2011. The STPCR, subordinate to the MoLSAEO, has the mission to monitor the implementation of the law “On the Protection of Children’s Rights” and to guarantee special care and effective protection of children, in cooperation with government and non-government institutions that act in the field of children’s rights. This agency, supported by the MoLSAEO, is also drafting the respective by-laws for the implementation of the abovementioned law and creation of a comprehensive network for child’s protection.
“Standard Operating Procedures (SOP-s) for the Identification and Referral of Victims/Potential Victims of Trafficking” generated by the ONAC in a comprehensive process with all government and non-government actors involved in the fight against trafficking in persons are adopted by DCM No. 582, dated 27.07.2011. These procedures focus on the identification and referral of victims and potential victims of trafficking and constitute concrete, sequential and quantifiable steps to be taken by each institution, shelter or organization involved in the process of identification and referral. They are followed by drafting of some brochures, some simplified and shortened forms of SOP-s and will go on with trainings of all accountable actors for identification and referral of victims of trafficking consistent with SOP-s between January-May 2012.
2. Raising public awareness Raising public awareness is one of the main measures of anti-trafficking prevention policy carried out by the Albanian Government. Awareness raising campaigns serve to acquaint the public with the trafficking in persons phenomenon, its dangers and consequences.
In this framework, the ONAC in cooperation with the “United for Child Care and Protection” coalition and World Vision have started a nationwide campaign against exploitation of children for work and begging with the motto “Childhood is not exploitation for work”. The activities are carried out throughout the year 2011. It is worth mentioning: On 1 June 2011, Children’s Day, near the Tirana Zoo, the coalition organized an awareness raising activity on the importance of this day and children’s rights, with the participation of 300 children from member organizations of “United for Child Care and Protection” coalition. This activity was dedicated to those children who work and live on the street. On 10 June 2011, an awareness raising activity on the prevention of exploitation of children for work was held in Elbasan with the participation of 200 children and adults. On 12 June 2011, on the World Day against Child Labor, a press conference was organized with the participation, amongst others, of the EU Ambassador to Albania and representatives from the US Embassy. This conference focused on improving and
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
strengthening child protection mechanisms to secure quality services for exploited or vulnerable children. On 13 July and 9 August 2011, this campaign continued in Shkoder and Vlore with the participation of the National Anti-trafficking Coordinator and the Deputy Minister of Education and Science, high local authorities, as well as children, parents, teachers and passers-by. These events have continued in other cities such as Durres, Korce, and Kukes and will extend in 2012 as well.
On 21 November 2011, on the International Day of Children’s Rights, the ONAC in cooperation with the State Agency for the Protection of Children’s Rights and “United for Child Care and Protection” coalition organized the awareness raising activity “Today I need to be heard, protected, and involved- Society is of all and to all”. The emphasis of this activity was public awareness raising, especially children, youth, teachers, parents, media, governmental and non-governmental, public and non-public institutions aiming to prevention of exploitation of children for labor and other purposes. At the same time, it promoted children’s rights such as the right of life, the right to grow up in a fit environment, the right of education, the right of medical care, the right to stay with parents, the right to be protected by any form of exploitation, maltreatment, abuse, neglect and so on. Part of this activity was the exhibition of pictures and photos organized by children that transmitted messages against trafficking in persons and labor exploitation of children.
2.1. Awareness raising activities of shelters and partner organizations
During January 2011 “Terre des Hommes” has organized 20 awareness raising activities with staff from schools in different cities like Fier, Korce, Elbasan, Durres, Kruje, Kavaje, Librazhd, Devoll, and Tirana. The issues the staff was informed about were related to policies and standards on child protection in schools, managing aggressive behavior, HIV/AIDS and STDs, reasons and consequences of drug use, and exploitation of and violence against children.
In the framework of the project “Public awareness raising campaign on the risk of gender discrimination and domestic violence” from September 2011-January 2012, “Vatra” shelter has organized meetings, seminars, workshops, and radio conversations to raise the awareness on such issues as gender quality and domestic violence. The groups involved in this project targeted youth of high schools, women and men. More specifically, there have been organized 62 informing meetings with 364 participants from high schools, 15 meetings with 69 girls and women, as well as 4 (four) meetings with 32 boys and men. Three seminars have taken place in high schools during October, November, and December 2011 with the participation of 230 students, teachers, and parents, as well as the workshop “Domestic violence and gender stereotypes in Albanian society” involving 21 teachers and psychologists from elementary and high schools. Part of this project was a public walking as well, organized in the frame of 16 international days activation against violence, associated with slogans, posters, and brochures in cooperation with Vlora Municipality, Vlora Police Directorate, Education Directorate, Public Health Directorate, “Ismail Qemali” University, “Aulona” and “Auleda” centers.
On 20 October 2011, the International Day against Violence of Children, “Another Vision” with the support of Elbasan Municipality, organized awareness raising activities and manifestations
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 with the participation of 200 children. The messages conveyed were related to the protection of children from violence.
World Vision has established three community groups in Bathore (Municipality of Kamza), Bregu i Lumit (Municipality of Tirana) and Guerile (Municipality of Shkodra) with persons that have key roles in the community, who, informed about issues of child protection, are expected to take an active role in the identification and referral of trafficked children or children vulnerable to trafficking. Three groups of peer educators, who are children between the ages of 12 and 16, were created in these areas, selected by their peers, to receive information on children issues and to pass this information to the community. On the international day against exploitation of children for labor, peer educators organized a show with different elements such as mime, poetry and presentation with messages against child exploitation in the areas near Bregu i Lumit in Tirana.
“Another Vision” center has carried out a number of awareness raising campaigns on the topic of “Trafficking in persons” in elementary and high schools in Elbasan. Three elementary schools or in other figures, 380 students, have taken advantage of these campaigns through the promotion of children’s rights via games. These campaigns have been extended to two high schools in Elbasan “Ahmet Dakli” and “Luigj Gurakuqi”, where 692 students in 10th, 11th and 12th grade participated, as well as in the daily center of “Another Vision”, with the participation of 40 women. It has also organized campaigns in the nine high schools of Elbasan, dealing with topics such as “AIDS, the disease of the century”, “Gender equality – domestic violence and trafficking”, “Reducing school dropout rates” and “Stop smoking/alcoholic drinks”. 650 high school students were trained in these activities. The social workers of the daily center for children “Magjia” in Elbasan have carried out awareness raising activities in three schools (from II to V grade), with the goal of promoting children’s rights through games. 22 such meetings were organized with the participation of 550 children.
“Terre des Hommes”, with the support of the OSCE, has organized a number of meetings, educational and psychological activities in 120 schools in Elbasan, Vlore, Tirane, Korce, Durres, and Fier. The goal of these meetings was to make students, teachers, school directors and parents aware of issues such as trafficking in persons, consequences of violence against children, communication between students, substances abuse, stress management, discrimination in schools etc. 142 school directors from six educational directorates in Elbasan, Vlore, Tirane, Korce, Durres, Fier, Kurbin, Lezhe, Malesi e Madhe, and Mirdite were trained on topics such as strengthening cooperation between parents, schools and children to promote children’s rights, as well as the role of procedure sand standards of child protection in schools.
An important topic, which is often associated with vulnerability to trafficking, is domestic violence. Activities related to this topic: In the framework of project “”Monitoring of Institutions for the Implementation of the Law “On Measures Against Domestic Violence” and Information of the Public Regarding this Phenomenon””, funded by the US Embassy in Tirana, the “Vatra” shelter has cooperated with the Educational Directorate of Vlora organizing informing sessions with youth in four high schools in the city:
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
o A total of 165 informing sessions has been carried out with the participation of 876 students from these high schools (from 300 foreseen in the project) with topics on domestic violence, school violence, victims of violence, gender equality and national and international legislation on the protection of victims of domestic violence. o 55 social workers, representatives of qark police, court, and prosecutor’s office as well as teachers, psychologists and sociologists from high schools and elementary schools in the city were trained, likewise 30 students from the Law School of the Ismail Qemali University in Vlore regarding social and legal aspects of domestic violence. In February 2011, a poster with the slogan “Break the silence! Report the violence!” was made public as part of the project, which was exhibited in elementary schools and high schools in the city, as well as at the Prosecutor’s Office, Court and Bailiffs Office.
3. Role of the media The media is a means that has a powerful impact in shaping public opinion and in raising public awareness about the issue of trafficking in persons. At the same time, the media has the duty to do this in an ethical manner, by not endangering the life of people and by not violating their rights.
On 24 February 2011, the Office of the National Anti-trafficking Coordinator, in cooperation with IOM and USAID, organized in Kukes and Vlore a seminar for electronic and print media regarding report issues of trafficking in persons. This training focuses on principles and guidelines for media report on issues of trafficking in persons, code of ethics, ethical problems related to reporting and the sensitivity of these reports. Also, part of this training was the illustration of trafficking cases in Albanian media. The number of participants in these two trainings was 41 (23 in Kukes and 18 in Vlora). The same training was organized during the month of May 2011 in Durres, Shkoder and Korce with 41 participants from local media (13 in Durres, six in Korce and 20 in Shkoder). The participants were from local media and correspondents of TV stations such as Vizion +, Albanian Screen, News 24, Top Channel, TV Klan, UFO TV, Durres Newspaper, Radio Televizion Korca, Metropol Newsletter etc.
On 27 May 2011, the Vatra shelter had an informing session with the community in the qark of Vlora on violence and its consequences through a discussion in one of the local radios of the city, which dealt with legislation for the protection of victims of domestic violence and its social aspects.
A cooperative approach with local media is evidenced by Regional Anti-trafficking Committees, which have represented their preventing activities via mass communication means for an immediate referral of anti-trafficking messages.
4. Education
The use of the educational system to inform students and teachers and raise awareness about issues of human and gender rights, as well as trafficking in persons, is a special focus of the prevention of this phenomenon.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
The Ministry of Education and Science (MES) continues to implement and monitor activities of the “National Program for Zero Dropouts 2009-2013”. The dropout indicator for 2010-2011 was 0.39 compared to 0.80 in 2009. During the 2010-2011 school year, the “Second Chance” program extended to 31 classes, in 34 schools (five more schools than during the 2009-2010 school year) which were attended by 626 students, 417 or 66.6% out of whom pertain to Roma community.
Support for education of students who belong to groups in need continues according to DCM Nr. 170, dated 10.02.2010 “On the Publishing, Printing, Distribution and Sale of Schoolbooks of Pre-university System”, which guarantees coverage of 100% of the price of schoolbooks. During the 2010-2011 school year, all students from families in need, according to the DCM are provided with schoolbooks free of charge. To this purpose, MAS has allotted 240 million ALL in its 2011-2012 budget.
Continuing with awareness raising for children and youth in regards to trafficking, ONAC in cooperation with the MAS, in 2011, has worked to enrich basic educational curricula by including topics on trafficking in persons, including topics on child protection, children’s rights, gender equality, domestic violence and sexual education as part of intra-curricular subjects. These topics are to be included in the Civics subject.
Education Development Institute has published training modules on anti-trafficking, elimination of dropouts and so on, wherewith 210 teachers have benefitted, including training for personnel of orphanages.
Pursuant to DCM Nr. 659, date 17.10.2005 “On Standards of Social Care Services for Children in Residential Institutions” and the respective Instruction, the work program of social workers has included informal trainings with beneficiaries in the shelters such as trafficking in persons, drugs, HIV/AIDS, sexual education, etc.
By a cooperation agreement with the General Directorate of Civil Registry, the MAS has provided for the list of students who enter the school for the first time with the goal of evidencing the exact number of children in age of obligatory education and registration in school. For the year 2011, 5000 Roma children have been evidenced as children at the obligatory education age.
5. Employment The employment program for 2011 is based on the objectives of the Employment and Professional Development Strategy 2007-2013. Government employment policies mainly include Active Policies, which include measures to encourage employment, and Passive Policies, that is supporting income.
5.1 Active Labor Market Policies
5.1.1 Employment services
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
During 2011 there have been counseled and assisted 12000 job seekers. Five thousand two hundred and ninety three jobseekers have been employed, out of whom 4695 with the direct mediation of Employment Office. Out of these employed persons 34% belong to long-term unemployed or to the supporting income scheme, and 74 to the Roma community.
5.1.2 Job opening programs
For the year 2011 there have been allocated 100 million ALL (USD 949667.616) in the state budget for programs that stimulate employment, and whose implementation is the responsibility of the National Employment Service. These programs favor women in difficult situations, persons with limited capacities, Roma community, returned emigrants who face economic problems and youth entering the job market for the first time. At present, 26 projects are being implemented, which involve 554 job seekers.
The DCM 632, dated 18.09.2008, on “The Program of Employment Stimulation for Unemployed Female Job Seekers” has been implemented during 2011 providing for a long term employment till three years for this target group. During the same year, this DCM is revised and a new program has been drafted, which focuses on the females from special groups, including trafficked females (“The Program of Employment Stimulation of Females from Special Groups”). According to this program, the employers of these groups will benefit financial support for social and health insurance contributions, four minimum wages, as well as employment support for enterprises and micro-enterprises. This program is approved by DCM on January 2012.
Another initiative of the MoLSAEO part of its active social policies is the project-DCM “On the quota of financing, criteria and implementation procedures of the program of employment stimulation of jobseekers who enter the job market for the first time” in pursuance to the Law No. 7995, dated 20.09.1995 “On the Employment Stimulation”. The objective of this program is to support the youth with no prior job experience and who enter the job market for the first time. In this context, the employers of these job seekers will benefit financial support for social and health insurance contributions, up to 100% of the average number of the insured persons of the last three months before the application for micro-enterprises and up to 50% for other enterprises. Free tariffs have also been applied for Roma female job seekers, trafficked women and persons with limited capacities.
The National Employment Service implements other active job market programs as well in the framework of cooperation agreements with such organizations as ILO, UNDP, AlbVET etc.
AlbVET Project assists in the employment of groups in need (mainly Romas and females with social problems), in free job counseling and vocational training in Tirana, Berat (Kucova), Elbasan, and Korca. Eighty eight unemployed, 39 out of whom are females, have benefited till the end of this project, on July 2011.
The National Employment Service in cooperation with CARDS Project- “On the strengthening of job market and employment services in Albania”- has introduced the establishment of Job Clubs in Albania. Fier Job Club has achieved the employment of 32 unemployed job seekers
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 during 2011. In the second semester of this year there was established the Job Club in the Regional Employment Directorate, Durres.
MoLSAEO, in the frame of the joint project with the Government of Spain and UNICEF “Youth employment and migration- One UN”, has initiated in 2010 the piloting of services of youth career counseling employment in the employment offices. During 2011 these services have been extended for implementation in the regional directorates of Durres, Fier, Elbasan. In the context of this project, the Regional Education Directorate of Durres has signed an agreement with the University “Aleksander Moisiu” for spreading the employment services in high schools and university settings as well.
5.1.3 Vocational training programs
The Vocational Training System operates through 10 public vocational trainign centers in the biggest cities of the country such as Vlore, Shkoder, Tirana, Durres, Elbasan, Korce, Gjirokaster, Fier and the Mobile Center for the northeastern part, as well as licensed private companies, and covers the whole territory of Albania.
During 2011, a total of 3462 persons are registered with the Regional Directorates of Public Vocational Training, out of whom six are victims of trafficking (women), 37 belong to the Roma community, six are persons with limited capacities, and three returned emigrants.
. Vocational training programs for specific groups
Based on policies for employment stimulation and vocational training, as well as on the Order No. 78, dated 04.04.2006, “On the Fees of the Vocational Training System”, Roma job seekers are free of registration fees for unemployed job seekers that are paid for registered job seekers who want to benefit from vocational training courses offered by Regional Public Vocational Training Directorates. At a national level, 37 persons from the Roma community have benefitted from the program in vacations such as plumber, tailor, hairdresser/esthetician, kitchen electric installations, solar panels, auto services, tile layer etc.
UNDP project “Empowerment of Communities in Need” supports the Roma community in Tirana, Elbasan and Fier, through the implementation of small projects, amongst which are vocational courses and promotion of social inclusion. The project has supported 85 Romas and Egyptians (24 of whom from Elbasan) who followed vocational courses, as well as assisted trained individuals in finding a job (17 of the trainees in the three regions are self-employed), while the staff of vocational training centers and employment offices was trained and assisted in improving their services for the communities in need.
6. Establishment and improvement of capacities of actors that work with vulnerable categories The Office of the National Anti-trafficking Coordinator, in cooperation with the Organization for Security and Cooperation in Europe (OSCE) and “Terre des Hommes”, continue to aim the strengthening of the Regional Anti-trafficking Committees capacities, awareness raising of local authorities to include anti-trafficking measures in programs and projects of social development,
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 as well as increasing the role of these working groups in the identification of trafficked persons and those vulnerable to trafficking. These trainings have begun since October 2010 and have continued throughout the entire 2011 covering the 12 qarks of the country. They are adapted to the characteristics and needs of each Regional Committee and have given practical information regarding specific difficulties encountered by them in their efforts. Since the focus was on issues of child protection, the trainings have generated discussions such as protection of children’s rights, registration of children with the civil registry, and enrollment in schools.
On February-March 2011, the Office of the National Anti-trafficking Coordinator, in cooperation with the MoLSAEO and with the support of IOM, have carried out four trainings with Regional Social State Service Offices in Tirana, Korce, Shkoder and Vlore on the identification, referral, and assistance of trafficking cases in community, as well as on the improvement of cooperation among partners at a local and central level. The number of participants to these trainings is 215.
The Office of the National Anti-trafficking Coordinator, in cooperation with the Regional Employment Office of Tirana and Different and Equal, has organized for the staff of this office the training “Successful reintegration of victims of trafficking in Albanian society through employment”. Part of this training was the staff who has a direct contact with job seekers, employment agents, specialists of the program of employment stimulation, as well as business representatives who cooperate with Employment Office. The focus of the training was on the needs of victims of trafficking for employment and vocational training and challenges related to them.
The Office of the National Anti-trafficking Coordinator in cooperation with OSCE has initiated a project with respective to the prevention of work exploitation, especially of children. The focus of this project is bidirectional:
Capacity building of labor inspectorates- A questionnaire is drafted to be administered to all labor inspectorates as a fact-finding process for the situation of trafficking for labor exploitation in Albania. Afterwards trainings for labor inspectorates will take place tailored to the results of the questionnaire. It will capacitate them to identify and refer victims of trafficking for purposes of labor exploitation in their everyday practice.
Promotion of corporate social responsibility- Simultaneously a code of ethics for prevention of labor exploitation is drafted to be introduced later on to the private business and companies through a lobbying process with the National Chamber of Commerce. These plans will be implemented within the first semester of 2012 with the financial assistance of OSCE.
The General Directorate of State Police, in the framework of the continuous training of its structures, has included in training curricula for Border and Migration police (BMP) topics that deal with trafficking in persons and interviewing techniques.
On November-December 2011 trainings on “Standard Operating Procedures for the Identification and referral of Victims/Potential Victims of Trafficking” have been carried out in
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Police Directorates of Tirana, Shkoder, Vlore, Korce qarks with the participation of police structures from the 12 qarks. A number of 100 police officers have benefitted of this training.
In April 2011, in the framework of international project MARIO, which protects mobile children, “Terre des Hommes” and “Save the Children” carried out a two-day training for employees of Units for the Protection Children on “Risk level evaluation”.
Having the objective of increasing the capacities of the structures of Crime Investigation and Prevention as well as increasing the cooperation with local government structures, health centers, and other actors from civil society, in cooperation with the organization “Refleksione”, a series of 2-day training activities took place from March to November 2011, with the participation of police officers from crime investigation and prevention structures of the police commissariats of Gramsh, Laç, Shijak and commissariat no. 6 in Tirana. The main subject of these trainings was “Protection, treatment and management of cases of domestic violence at a local level, based on the existing legislation, and creation of a coordinated response against this phenomenon”. One hundred police officers have benefitted from this training, paying more attention to the treatment of women and child victims.
On June 2011, the General Directorate of State Police signed a cooperation agreement “On registration and publication on official website of ‘Global Missing Children Network’ (GMCN), exchange of reciprocal information for finding and returning missing children, parents or legal guardians” with Child Rights Center of Advocacy (CRCA). Based on this agreement the Police structures and CRCA are certified and engaged in the GMCN for finding these children.
On August 2011, the General Directorate of State Police signed a cooperation agreement with “Save the Children” organization “On the support, treatment, psycho-social assistance, referral, and reintegration of children under 14 in conflict with the law”. In adherence with this agreement, there have been organized six workshops on September 2011 with the specialists of Crime Investigation and Prevention at commissariats no. 1, 2, 3, 4, 5, and 6 in Tirana, and with “Save the Children”.
Two Child Protection Units have been established at the municipality/commune level during 2011, specifically at the Municipality Unit No. 4, Tirana and Dermenas Commune, Fier. They would increase the numbers of identifications, protection, referrals of children in need or at risk, as well as enable a better analysis and monitoring of these cases. The Ministry of Health has incorporated in the job prescriptions of some positions in the Psychosocial and Mental Health Services Sectors at Regional Health Directorates and Regional Public Health Directorates a number of issues regarding the assistance to trafficked persons or groups at risk of trafficking.
On April and September 2011, in the framework of the international project MARIO, which protects mobile children, “Terre des Hommes” and “Save the Children” carried out trainings on “Risk level evaluation” and “Need evaluation of vulnerable children” for employees of Child Protection Units, Municipalities, Regional Employment Offices, Prosecution Office, Police and health services in Korce, Elbasan, Pogradec, Vlore, Gjirokaster, Sarande, Durres, and Fier.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
In Baltez, Levan, Drize (Fier), Novosele (Vlore), Nish-Tulla (Durres), Rrapishte (Elbasan) and Pogradec there are seven functioning Community Counseling Groups that are active in meetings with local leaders and representatives of different institutions regarding issues that pertain to their respective communities. .
On March 2011, the Municipality of Tirana in cooperation with ARSIS organization have established “House of Colors Center” composed of two units Daily Center and Emergency Center. The daily center has a capacity of 100 places and is expected to offer sleeping space for six children initially. Emergency Center deals with the immediate treatment of children in crisis situations, to properly identify the problem the child has, and to later refer the child to institutions or organization competent in solving the actual problem. During this time, this center has assisted 19 minors and eight female adults. Since its establishment till the end of 2011, 488 children have received services from this center.
7. Activity of Regional Anti-trafficking Committees (RAC) Regional Anti-trafficking Committees, being the most important structures at local level, have continued their activity by organizing regular meetings and by relaying information to the ONAC. During this period special attention was paid to increasing cooperation and coordinating the work of all institutions represented in the technical tables, as a precondition for success in combating trafficking in persons.
ONAC closely monitors activities of the RAC-s, assisting them with the necessary suggestions and recommendations. Trainings on capacity building for RAC-s and other local structures involved in combating trafficking in persons continue under the special care of the National Anti-trafficking Coordinator since October 2010 till December 2011, covering the 12 qarks. Precisely in Durres qark (13-14 October 2010), Diber (11-12 November 2010), Vlore (2-3 December, 2010), Kukes (9-10 February 2011), Lezhe (1 March 2011), Elbasan (24 March 2011), Fier (6 April 2011), Korca (22 September 2011), Gjirokaster (20 October 2011), Shkoder (8 November 2011), Tirana (15 November, 2011), and Berat (9 December 2011). The number of participants in these trainings is 360 members of RAC-s and Anti-trafficking Technical Tables, as well as other actors, civil society including.
The Anti-trafficking Unit has been very active in these trainings, not only in the logistic aspect, but also in the preparation of training modules and lecturing on issues such as: o Improving coordination of actions taken by anti-trafficking actors at local level o Unification of their work practices o Preparation of a set of template documents for the committees o Exchange of information
Moreover, the ONAC has been very active in organizing awareness raising activities with RAC-s and other local actors.
The Regional Anti-trafficking Committees are becoming all the more aware of the existence of internal trafficking as a form of trafficking which they increasingly face in their work. There is still a need for a separate entry in the budget of the prefecture for financial and material needs of Regional Anti-trafficking Committees.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Regarding some of the main activities at local level, we can mention: In the Qark of Diber, a number of activities were organized in the community and schools. 160 parents were trained on issues such as children’s rights, conflicts, abuse, parenting, etc. 60 teachers were trained on topics such as class management, work with difficult children, etc. As a result of a number of aggressive efforts of the Regional Education Directorate Diber to identify and to find a solution for the main problems of children in danger of abandoning school or who already have abandoned school, the number of children drop-outs for this year is 14 compared to 83 in the last year. The State Social Service is collaborating with Economic Assistance Offices for the establishment of daily centers for persons with limited capacities, elderly, victims of trafficking, orphans etc. In the Qark of Durres, in cooperation with the Regional Police Directorate, in the framework of strengthening vulnerable communities, a meeting was organized on “Trafficking of persons and children: Social and legal causes and consequences” with the participation of 20 members of the Roma community. The Regional Employment Office of Durres has signed an agreement with the Regional Education Directorate of Durres to extend the employment services to school environments as well, offering information to students on job market. The Job Club at the Regional Employment Office has been active throughout the year finding jobs for 60 of its members. The Public Health Directorate Durres, in cooperation with other structures, has carried out awareness raising campaigns on trafficking in persons, children’s rights, violence in state and public schools, as well as in health centers even at the most remote areas of the qark. In the Qark of Gjirokaster, the Regional Public Health Directorate has organized informing and advisory sessions for all health personnel regarding identification of victims of trafficking in persons and the approach to be used when such cases are identified (mostly on specific health care, confidentiality, ethical standards etc.). Also, a marathon of informative and educational activities were carried out in the Qark of Gjirokaster in elementary schools and high schools, at the university, in rural areas, public institutions and private enterprises, as well as with the local media and the Roma community, focusing on the causes, consequences and circumstance that favor trafficking in persons. In the Qark of Korca, the Regional Education Directorate has identified children that have dropped out of school and, in cooperation with the municipality’s Child Protection Office, has brought back 38 of these children to school. Six Roma and Egyptian women, as well as 14 Roma children have attended vocational training courses offered by the Regional Vocational Training Directorate. The “Kennedy” foundation organizes weekly meetings with women from the city, informing them on the trafficking in persons phenomenon and its negative consequences. The Municipality of Pogradec and Korca have organized two awareness raising campaigns against domestic violence, TV shows on violence and trafficking in persons including. In the Qark of Kukes, during 2011, the Regional Education Directorate has organized a number of preventive activities raising the awareness on the phenomenon of trafficking in persons among students and parents. The Regional Directorate of National Employment Service has established the Youth Employment Service Office, facilitated for the employment of seven persons pertaining to the economic assistance scheme, for the vocational training of 210 persons from at risk groups or youth category. The Child Protection Unit has identified 647 children at high or moderate risk of trafficking,
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
pinpointing the need for the establishment of a temporary reception center at qark level to accommodate these problematic cases. In the Qark of Shkodra, “Hapa të Lehtë” organization, known for an intensive cooperation with the Regional Committee, during 2011 has assisted 206 abused women, 86 out which are new cases, offering or mediating for psychological support, legal counseling, medical assistance, vocational training, employment etc. In the Qark of Tirana, the Regional Anti-trafficking Committee has been a very active part of anti-trafficking preventive activities throughout 2011. It has contributed in delivering anti-trafficking messages, as well as messages against work exploitation on European Anti- trafficking Day and International Day of Children’s Rights.
8. Data collection and research To prevent trafficking in persons and draft policies related to it, initially, this phenomenon needs to be properly understood. Systematic studies and research on trafficking in persons not only offer an overview of the current situation in the country, but also give the possibility to make periodic evaluations of the measures taken against trafficking in persons.
In this context, the Sector for the Protection of Children and against Domestic Violence has prepared two studies on the topics of: Domestic Violence, Measures Taken and Results Achieved in Combating this Phenomenon, which regards the period between 2008 and 2010. The Begging Phenomenon in Children, Manner of Treatment, Current Results and Difficulties Encountered, which regards the period between January 2010 and April 2011. In order to prevent crimes against children in street situation, those who beg or who are involved in other street activities, in order to protect these children and hold the accountable persons legally responsible, the findings of this study are represented in a plan of concrete measures undertaken by the State Police “On the prevention and striking of criminal activity related to trafficking, maltreatment, sexual exploitation, forced labor or begging by minors, in 201” with an implementation deadline till 31 December 2011.
During July-December 2011, this Operational Plan has achieved: - The increasing of protection measures for minors in street situation through meetings of representatives of Family Section at Qark Courts with the aim of processing the suits for an Immediate Protection Order for minors in street situation/who beg in the shortest time possible after the referral by the Police. - The increasing of collaboration with local structures and institutions and NGO-s for minors’ protection through meetings where cases of children in street situation/who beg have been discussed. - The identification of the places most attended by the minors in street situation/who beg and finalization of a number of operations such as: o Counseling of parents on duties and responsibilities toward their children and their legal accountability; o Referral of identified cases to the respective structures of local government with the aim of including their families in the economic assistance or employment schemes; o Filing of suits for Immediate Protection Orders;
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
o Referral to the Prosecution Office of cases of “Minors maltreatment”, arrest of a person charged with “Minors maltreatment” and “Prostitution exploitation in aggravating circumstances”
ICMPD is carrying out a study on the “Typology of the begging phenomenon and policies to counter this phenomenon in the European Union”, in Kosovo, Albania and 13 other countries of the EU. In Albania, this study will be carried out by “Terre des Hommes” and will finish in March 2012. This study will summarize and analyze the main policies regarding begging and their legal basis. It will also determine characteristic of the phenomenon through empirical observation, identify best practices in criminal prosecutions against adults responsible for children who beg, and draft policy recommendations to orient EU policies depending on the identified typologies.
9. Registration of children
The General Directorate of Civil Registry (GDCR) continues the process of regulating all laws and by-laws to reduce the number of unregistered persons and to avoid this phenomenon in the future.
The Office of the National Anti-trafficking Coordinator, in cooperation with the Ministry of Foreign Affairs, the Ministry of Health, “Tirana Legal Aid Society” and with the assistance of the General Directorate of Civil Registry has undertaken a number of actions to facilitate registration of some difficult and old cases. Specifically: ONAC has assisted the Ministry of Health in drafting a new model of the “Certificate-Assistance at birth” approved by the Ministry of Health on December 2011. This document has been added with the personal number of mother’s identity card and mother’s maiden name for a better evidence of children’s birth. The medical staff assisting during birth as well as respective institutions have received instructions for the implementation of this Order. To register children that have been found or those abandoned by their mothers, ONAC and GDCR, together with the General Directorate of State Police, have drafted a joint instruction and two record templates, to be used for the registration of this group of children, approved on January 2012. The Ministry of Interior, the Ministry of Foreign Affairs, and “Tirana Legal Aid Society” have signed a joint agreement to create shorter procedures and timelines for the registration of children born outside the territory of Albania.
In continuation of efforts to reduce the number of unregistered children, 27 children from 108 unregistered cases were registered at the Elbasan Civil Registry Office with the support of Community Counseling Groups and Terre des Hommes. Meanwhile, Arsis has offered legal counseling, facilitation and monitoring of the registration process for 56 registration cases, of which 46 were completed during 2011.
10. Increasing social involvement of groups in need and children at risk of trafficking
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
To consolidate the protection of Roma street children and their community, who are at risk of being trafficked or exploited, FBSH_DN (Children of the World and of Albania - Human Rights), the Center for Roma Children, Elbasan, and the Social Service Unit, Municipality of Elbasan, supported by ODHIR, have facilitated for the training and employment of five young Roma in the position of Peer Educator. They, together with the social worker of the municipality, on a daily basis inform Roma families on civil registration, education, health care, etc., and assist them in obtaining these services. Of 238 Roma families contacted by the staff of the Center for Roma Children, among others, 12 children were registered with the Civil Registry and six other cases are in process. In the same context, the Elbasan Center for Vocational Training has offered free vocational courses for 18 young Roma interested in obtaining more vocational knowledge.
Child Protection Unit and the Municipality of Elbasan have given their support and assistance to 16 children from Roma families, following the emergency situation created for a group of Roma families displaced from the train station in Tirana.
During 2011, Another Vision has continued to offer reintegrating services to five girls (four at a trafficking situation and one at a domestic violence situation) between 18-24 years old through the residential service “High Autonomy Apartment”. Three of these beneficiaries are also assisted in attending elementary school and university.
The residential Service “Shelter Community” of “Center for Children and Families in Difficulties Services” in Elbasan has offered its services to 13 children (eight boys and five girls” between 6-15 years old, out of whom five are at risk of trafficking and eight suffer sexual and domestic abuse. These children have been offered security, protection, accommodation, health care, psychological, educational support etc.
11. Promotion and implementation of Global Code of Ethics in Tourism
The Ministry of Tourism, Culture, Youth and Sports and Ministry of Interior continue to promote, implement and monitor the Global Code of Ethics and the Code of Conduct for Prevention of Sexual Exploitation of Children in Tourism. These two documents are available in Albanian and English at the websites http://www.mtkrs.gov.al/web/Marreveshje_bashkepunimi_706_1.php and http://ata.org.al/index.asp?id=496.
Ministry of Tourism is working in close collaboration with the private sector on the new law “On Tourism” which will include the Global Code of Ethics and the Code of Conduct for Prevention of Sexual Exploitation of Children in Tourism. It is expected to be approved in April 2012.
12. Recommendations
Continue awareness raising campaigns with the active involvement of the media. Awareness raising for children on their rights and their empowerment through systems of protection, stimulation and favoring.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Conduct and encourage serious research and studies in the field of trafficking in persons to come up with an effective planning and drafting of macro policies to combat trafficking in persons. Include the “demand for trafficked persons” in preventive policies against trafficking in persons as one of the root causes of trafficking. Support the establishment of an effective capillary system for the social protection of children and various groups in need. Encourage government institutions and organizations to be clearer on the relevant details are related to their activities, such as dates, numbers and collaborators, during their reporting in the framework of combating trafficking in persons.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
COODINATION OF THE ANTI - TRAFFICIKNG UNIT IN THE FIGHT AGAINST HUMAN TRAFFICIKING Coordination of anti-trafficking efforts among stakeholders is, not only one of the main pillars of the National Strategy for Combating Human Trafficking for 2011-2013, but also an important component for implementing this strategy in other pillars of prevention, punishment of Traficant’s and protection of the victims of trafficking. The office of National Coordinator for Combating Human Trafficking, has developed and directed, during the period January - December 2011, a number of activities, whose main focus has been the improvement of coordination and cooperation between government agencies and non-governmental agencies, involved in the fight against human trafficking. The Action Plan of the Strategy demands and mobilizes, in a concrete and detailed manor, enough structures and agencies, which operate directly in the field of combating trafficking. During the reporting period, ONAC has been fully committed not only to supporting and coordinating the work of the members of this Action Plan, but also to activate other sources, governmental agencies or non-governmental, which have the sources and the capacity that can impact in the prevention of trafficking and assist victims of trafficking. During the reporting period, ONAC has supported evaluations and recommendations of national and international institutions in the field of coordination. ONAC estimates that, during the reporting period, there was a significant improvement in the coordination of anti-trafficking actions, which is mainly due to improved reporting and exchange of information between actors. ONAC has noted an increased in both the number and the quality of reporting from institutions and implementing agencies, at both central and local levels. Besides reports of state institutions, thanks to a very good cooperation established with a civil society (IOs and NGOs), the latter have informed ONAC of their actions and activities conducted primarily for the sake of prevention and protection of victims of trafficking. To improve the collection and analysis of data, ONAC undertook during the year, a series of consultative meetings to improve the database for victims of trafficking. Currently, the collection of data through the database upgrade, is being tested by the agencies engaged in reporting the information, and is finalizing the database. Below, detailed information is provided on the coordination of ONAC during the year, which is structured according to state institutions and non-state institutions and all stakeholders involved in relation to anti-trafficking coordination issues.
• Coordination with the Responsible Authority
During the reporting period, the Responsible Authority has gathered in a regular periodic manor, usually once a month, but more often, based on the Joint Order no. 3394/4 Prot, dated 17.05.2006, of the Ministry of Interior, the Ministry of Foreign Affairs and the Ministry of Labor, Social Affairs and Equal Opportunities, and at the request of members of the AP's to coordinate the return, rehabilitation and new -integration of individual victims / potential victims of trafficking (21 meetings total). In the coordination of assisting the cases, the AP has paid special attention to the correct application of Standard Operating Procedures. A total of 84 victims of trafficking are identified, of these, 46 are identified in the implementation of Standard Operating Procedures. Despite the fact that the focus of the AP's job is to coordinate the victims of trafficking, he has taken on and coordinated actions for cases referring to children who use
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 take shelter on the streets. Being put in touch with homologous structures in the region, AP has coordinated the voluntary assisted return of 2 victims of trafficking. ONAC has requested an urgent meeting in case identification and referral of victims / potential victims of trafficking, by coordinating and putting into full efficiency trafficking organizations, as well as performance in real time. With the increasing number of NRM members, to have a more complete representation of all the stakeholders, there will also be an increase in the number of members of the AP, which will include MES, MH and the International Organization "ARSIS ". • Coordination with members of the National Referral Mechanism Periodic meetings are held throughout the year with members of the NRM. In the context of increasing the effectiveness of the fight against human trafficking, as well as implementing security Standard Operating Procedures for the Identification and Referral of Victims / Potential Victims of Trafficking (approved by Decision no. 582, dated 27/07/2011) the review of the Cooperation Agreement for the Establishment of a National Referral Mechanism for Identification and Improved Assistance for Victims of Human Trafficking (18.07.2005) was seen as necessary. The entire process of drafting the agreement was initiated and followed by ONAC, with support and assistance of international partners, including the U.S. Embassy and ICITAP. For the revisions of this Agreement several meeting were organized with the members of the NRM, as well as with national and international partner organizations, to discuss changes of some modalities, and also for the expansion of the members of the NRM. Currently, official confirmations of existing and new NRM members have been received and a date will be assigned for the ceremony of the signing of the Agreement by the officials of their partnering institutions. • Coordination with State Police In the execution of Order No. 69, dated 25.01.2010, of the General Director of State Police "On the coordination between central and local structures for the fight against trafficking and identifying victims of trafficking" that foresees Additional Information for the following activities in the summary of this report in subsequent chapters. increasing direct responsibility for the following cases that use trafficking, as well as cooperation with the prosecution and shelters for victims of trafficking as an essential element for the analysis of the work of these actors, during the reporting period detailed monthly analysis of performance work related issues are conducted. Also, is working toward increasing capacity within the police, special attention is also paid to gender promotion, according to new more modern procedures that ensure equal access of women and men in the State Police. Besides achieving the observance of gender equality, increasing the number of female police officers also affects the growth capacity of police action, but in particular in meeting the security needs that have specific social groups, especially the victims of trafficking. The Deputy Minister of Interior, National Coordinator simultaneously on Combating Human Trafficking, has played an active role in this regard by participating in several activities organized for this purpose. In these activities were discussed issues related to improving the legal framework and finding the means to create space for the growing number of women in the police force. Organized recruitment campaign following the legal changes in the regulations for ensuring gender equality, recorded about 1600 applications from girls and women across the country, where 40% of them were highly educated. After selection, approximately 200 winning candidates will actually be a part of the police force. • Coordination with the Regional Anti-Trafficking
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
During the reporting period, there have been improvements in the work of the Regional Anti- trafficking Committees. The number of actors involved in combating human trafficking , including the committees more local actors and civil society, more frequent meetings of Regional Committees Trafficking, Trafficking Technical Tables are developed in all regions of the country. In implementing the recommendations of the National Coordinator for Combating Human Trafficking, more space is created for civil organizations in national and local level as well as an increase in attention to anti-trafficking actors on specific issues such as child protection, focusing on internal trafficking, referral and resolution of cases within the county. However, again at the local level actors do not have uniform practices and procedures applied in the fight against human trafficking. Some committees have shown delays in submitting annual and semi-annual reports. It was found that committees become more active after the development of training for the cases of combating human trafficking. • Coordination with international institutions In January-February 2011, ONAC coordinated the realization of the visit of the Group of Experts on Action against Human Trafficking (GRETA), the Council of Europe. The visit took place under the monitoring of the implementation of the Council of Europe "On Measures against Human Trafficking". During this visit GRETA meat with all institutions and state agencies and non-state activities to combat human trafficking. Separate meetings were held with the Ministry of Interior (ONAC and ASP), the Attorney General, the Ministry of Labor, Social Affairs and Equal Opportunities, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Education and Science, the Regional Anti-Trafficking Committee of Elbasan, the Center National Victims of Trafficking, as well as the NGOs and international organizations. ONAC facilitated the whole process of reception, association and coordination of all meetings. At the conclusion of the evaluation, in December 2011, Official Report was published for Albania, with assessments and recommendations. Currently, ONAC is working vigorously on implement the recommendations of the report. ONAC collaborated with many organizations, local and international NGOs to organize activities. Here we can mention the training developed by the Regional Anti-trafficking which was realized in cooperation with the OSCE; local media training developed in collaboration with IOM; awareness meetings held in several districts in cooperation with BKTF and World Vision, UNICEF, ICMPD, UNODC etc.. ONAC, in conjunction with ASP and the International Organization "ARSIS", has made it possible to appoint a social worker at a border crossing point ‘Kapshtica’, a demand that will lead to better identification of victims of trafficking at the local level. The agreement between State Police and "ARSIS" was signed on December 14, 2011. During the period of January - December 2011, ONAC has participated in a range of international activities, of which most importantly included: • As part of piloting and monitoring of Standard Operating Procedures for the Identification and Referral of Victims / Potential Victims of Trafficking (PSV), on February 16 – 18, 2011, a visit was organized to Thessaloniki, Greece was organized for the SOP Monitoring Technical Group. The purpose of the meetings in the framework of the visit was to exchange experiences and the best practices in the fight against human trafficking.
• As part of the periodic meetings organized by ICMPD, within the project "Development of a Transnational Referral Mechanism (TRM) for Trafficked Persons in SEE 2", several meeting were organized on March 16 – 18, 2011 in Budapest,
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Hungary, on May 23 - 25, 2011 in Durres, on October 24 - 26, 2011, it was also organized in Paris, France, and on December 5 – 7, 2011 it was held in Skopje. The main focus of these meetings was to strengthen international cooperation to combat trafficking in countries of South-Eastern Europe. The final meeting of SEE 2 TRM program was held in February 2012, where he also launched a new regional project to combat trafficking with intended exploitation of forced labor.
• On June 1- 4, 2011, in Moldova was developed "International Conference on Combating Trafficking in Persons "organized by the German Foundation" Hanns-Seidel ". At this conference, attended by Albania 3 persons respectively ONAC representatives from Center "Different and Equal", and a representative office of the Foundation "Hanns- Seidel" in Albania.
In the context of international meetings where the main focus is to prevent and combat trafficking in people, and protection and reintegration of victims of trafficking, the National Coordinator has participated in and reflected the Albanian government's anti-trafficking efforts in these important events: • On May 24 to 25, in Ukraine was held International Conference on "Combating Violence against Children: with specific strategies." This conference was organized by National Service for Youth and Sports in Ukraine, the Council of Europe and UNICEF. • On June 7 to 8, 2011 in Belgrade took place at a meeting of the National Coordinator for Combating Trafficking in Persons for the region through the organization "take". • On June 20-21, 2011, the Vienna Conference was held 11 - the highest level "Alliance against Trafficking in Persons". This year the conference has focused on trafficking in persons for labor exploitation. • On October 6 - 7, 2011 was organized in Zagreb, Croatia, Regional Conference on "Identification of victims of human trafficking in Southeast Europe". At this meeting the National Coordinator referred the topic "The position of the victim in the criminal process."
• Coordinate and support of the activities of network awareness and expanding anti- trafficking actors During the reporting period, ONAC has organized and participated in a variety of activities to prevent trafficking, organized in the country, where noteworthy nationwide awareness campaign organized in collaboration with BKTF, "Childhood is not use to work". On the occasion of "International Anti-Trafficking Day" on October 18, 2011, ONAC in cooperation with the Municipality of Tirana and its partners organized a conference "Mechanisms Involving Domestic in Defense of Children and Prevention of Exploitation" and activity on "childhood is no use for work ", on school premises" Bajram Curri ". On November 20th, "International Day of Children's Rights", the initiative in cooperation with BKTF on November 21st, In Tirana was organized awareness activities: "Today I need to be heard, to be defended get involved "In this activity, except festive atmosphere of artistic groups
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 organized by dance and theater, the children had also organized an exhibition of painting and photography which opens with the slogan "Life is all and for all". An important event of this day was the launch of Child Protection Unit, established at the Municipal Unit No. 4. • Coordination and support capacity building activities of trafficking actors. ONAC in cooperation with OSBE has participated in training for the Regional Anti- Trafficking Committee (KRAT) during the year in some country districts. Trainings have been their primary aim, improving cooperation and increasing anti-traffic capacity at local level. Starting from October 2010 until April 2011, a total of 12 trainings were conducted, especially in counties Durres (October 13-15, 2010), Dibar ( November 11-12,2010), Vlore ( December2- 3), Kukes (February 9-10, 2011), Lezhe (March 1, 2011), Elbasan (March 24, 2011), Fier (April 6, 2011), Korce (September 22, 2011), Gjirokastra (October 20, 2011), Shkoder (November 8, 2011), Tirana (November 15, 2011), Berat (December 9, 2011). In these trainings were attended by about 360 persons, members of KRAT and tables of Tech Anti-Trafficking, and other stakeholders, including civil society. Additionally, the programs have served to improve cooperation between police structures and services to better identify cases of trafficking in persons. Also, these exercises are addressed specific topics related to understanding the phenomenon of trafficking, the elements, causes and forms of its appearance. In the context of strengthening the role of Labour Inspectorate regarding the identification of cases of trafficking for the purpose of forced work, meetings were organized to draft a Code of Business Ethics in collaboration with ISHP. National Coordinator has organized several meetings with the MPJ, which have resulted in the signing of an agreement that will enable facilitation of registration of children who may have born abroad. 13 - 14 of October 2011, ONAC in cooperation with CARITAS, organized training for service providers to victims of trafficking from Albania, Bosnia-Herzegovina and Kosovo. This training paid particular attention to the exchange of experiences between countries of origin and destination in combating trafficking in persons and the introduction of French legislation on combating trafficking. 14 -16 of December, 2011, the training course took place with consuls in Tirana, entitled "Consular Practice and Issues of Combating Trafficking in Human Beings in the light of a new reality." National coordinators have agreed through MARRI to hold regular meetings and coordinate their work in preventing, combating and eradicating trafficking in the region.
• Coordinate and support activities to improve protection for victims of trafficking With the initiative of ONAC, the working group was set up and organized several meetings with representatives of the MoH for approval of DCM "For free health coverage for victims of trafficking". The Ministry of Health, based on suggestions ONAC, has changed the format of the "Certificate - assistance in the east" document, by introducing other elements that enable the accurate recording of birth. With the initiative of the National Coordinator, Mrs. Iva Zajmi, a meetings was arranged with the MoH and the General Director of State Police, as a result of which was drafted and approved by the Minister of Internal Instruction Nr.07, dated 10.01.2012 "On approval of Procedure and records , to be filled by representatives of the state police and the municipalities / boroughs / municipalities, to find cases of children and children registered in the registry ", which obliges
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011 the state police, in cooperation with local government, to enable the registration of unregistered children.
• Coordination and Regional Cooperation In an effort to strengthen cooperation with other countries, aiming at building a successful partnership, particularly with neighboring countries, ONAC in cooperation with Kosovo counterparts has drawn up a protocol of cooperation with Kosovo "to intensify cooperation in the fight against trafficking Persons and "Improving the Identification, Notification, Referral and voluntary assisted return of victims and potential victims of trafficking, in particular the Children", supplementing the Agreement between the Government of the Republic of Albania and the Government of the Republic of Kosovo "on police co-operation", to intensify joint efforts to combat trafficking in persons. Organized several joint meetings, which are negotiated provisions of this Protocol. Meetings were organized with the support of OSCE, Tirana. This protocol has been finalized and is expected to be signed very soon.
In the framework of regional cooperation, the National Coordinators of the region, including our country, have agreed in principle agreed to organize periodic meetings to coordinate the work of preventing and combating human trafficking, and faster exchange of information on trafficking cases involving countries in question. This initiative will be supported by MARRI enabling the exploration of regional approaches, strengthening cooperation to prevent human trafficking and the possibility of joint projects of MARRI countries.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
ANEX I –THE MOST IMPORTANT LAWS AND SUBLAWS THAT REGULATES THE FIELD OF THE FIGHT AGAINST TRAFFICKING IN PERSONS
1. Law No. 7895, date 27.01.1995 “On the Penal Code of the Republic of Albania”; 2. Law No. 8733, date 24.01.2001 “On some additions and amendments to the Penal Code”; 3. Law No. 8920, date 11.7.2002, “On the ratification of the United Nations Convention against Transnational Organized Crime and its two supplementing protocols”; 4. Law No. 9110 date 27.04.2003 “On Organization and function of Serious Crime Courts”; 5. Law No. 9187, date 12.02.2004 “On Amendments to the Criminal Procedure Code” regarding the use of the special investigative means such as: interceptions, infiltrated agents, etc., used for the investigation of organized crime including trafficking in persons; 6. Law No. 9188 12.02.2004 “On some additions and amendments to the Criminal Code” additions to the Criminal Code has introduced the criminal offence of trafficking in women and trafficking in minors (articles 110/a; 114/b and 128/b of the CC). The law introduces new definitions for trafficking offences in line with the United Nations Convention against Transnational Organized Crime - Palermo Trafficking Protocol; 7. Law No. 9205, date 15.03.2004 “On Protection of Witnesses and Collaborators of Justice”; 8. Law No. 9284, date 30.9.2004 “On Preventing and Striking at Organized Crime”, which provides the penal sanctions as well as the asset confiscation of the criminals; 9. Decision of the Council of Ministers No. 171, date 11.02.2005 “On the adoption of the National Strategy for the Fight against Trafficking in Children and Protection of Children Victims of Trafficking”, and the appendix of Decision of the Council of Ministers No. 8, date 5.01.2002 “On Establishment of State Committee for the Fight against Trafficking in Human Beings”; 10. Decision of the Council of Ministers No. 25, date 22.2.2005 “On the adoption of Action Plan for the period 2005-2007, compliant with National Strategy for the Fight against Trafficking in Human Beings”; 11. Law No. 9355 dated 10. 03. 2005 “On Social Assistance and Services”. By this law, the municipalities have the authority to finance NGO services with revenues from the State budget; 12. Cooperation Agreement, date 18.07.2005 to Establish a National Referral Mechanism for the Enhanced Identification of and Assistance to Victims of Trafficking between Ministry of Labor and Social Affairs/ General Directorate of State Social Services, National Reception Center for Victims of Trafficking, Ministry of Public Order/ General Directorate of State Police, Ministry of Foreign Affairs/ Consular Directorate, “Vatra” Non-Profit Organization, Vlora, “Tjeter Vizion” non-Profit Organization, Elbasan and International Organization for Migration-Tirana; 13. Decision of the Council of Ministers No. 564 date 12.08.2005, “On Licensing Social Service Providers”; 14. Decision of the Council of Ministers No. 658, date 17.10.2005, “For Standard of Social Services”; 15. Law No. 9509, date 03.04.2006 “On the Moratorium of vessels and boats”; 16. Prime Minister Order No. 203, date 19.12.2005 “On the Functioning of the Anti-trafficking Unit”;
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
17. Ministry of Education and Science Guideline No. 6, dated 29.03.2006 “On registration of Roma children at school who do not have birth certificates”; 18. Order No. 782, dated 04.04.2006 “On Tariffs of Professional Formation System”. According to this order, some vulnerable groups including victims of trafficking are exempt from fees of registration on professional training courses for jobseekers in employment offices; 19. Joint Order No. 1192, date 19.05.2006 of the Minister of Interior, Minister of Foreign Affairs and Minister of Labor, Social Affairs and Equal Opportunities “On the establishment of Responsible Authority for the National Referral Mechanism”; 20. Order of the Prime Minister No. 139, dated 19.06.2006 “Another the Establishment of the Regional Committees on Combating Trafficking in Human Beings”. The Committees are tasked with making regular assessments of the regional situation and specific needs, identifying priorities for action at regional level; identifying vulnerable groups, and establishing protection networks at the local level; 21. Law No. 9544, date 29.05.2006 “On the ratification of the Agreement between the Council of Ministers of the Republic of Albania and the Government of the Republic of Greece, on the Protection and Assistance of Children Victims of Trafficking”; 22. General Director of Police Duty Order No. 714 dated 03.11. 2006 “On procedures carried out with the Albanian and foreign citizens returned from other countries”. It outlines the duties of officers from Border and Migration Police and the Sector for the Fight against Illegal Trafficking in handling returned persons, identified as victims of trafficking, and the measures to be taken; 23. Law No. 9642, date 20.11.2006 “On ratification of the Council of Europe Convention “On Action against Trafficking in Human Beings”; 24. Law No. 9668, date 18.12.06, “On Migration of Albanian Citizens for Motives of Employment”. Several articles of this law deal with the prevention of trafficking in human beings and facilitate re-integration in the employment market; 25. Law No. 9669, dated 18.12.2006 “On measures against domestic violence”; 26. Law No. 9686, date 26.02.2007 “On Amendment to Article 298 of Penal Code” Assistance for Illegal Borders Crossing”; 27. Decision of the Council of Ministers No. 195, date 11.04.2007, “On adaption of Standards of Social Services for Trafficking Victims or at Risk of Trafficking Persons in Residential Care”; 28. Law No. 9749, dated 04. 06. 2007 “On State Police”; 29. Law No. 9833, date 22.11.2007 “On the adhering of Republic of Albania in the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict”; 30. Law No. 9834, date 22.11.2007 “On the adhering of Republic of Albania in the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography”; 31. General Directorate of State Police Duty Order No. 865, date 26.12.2007 “On the data entry on the database for victims of trafficking”; 32. General Directorate of State Police Duty Order No. 871 dated 27. 12. 2007 “On procedures to be carried out for the interviewing of foreign and Albanian nationals returned from other countries”; 33. Law No. 9859, date 21.01.2008 “On some supplements and amendments to the Criminal Code” the articles added are Article 124/b, ”Ill-treatment of children” that among others
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
criminalizes the phenomenon of child exploitation for forced labor, begging, and other forced services; the paragraph that was added in article 117 “Pornography” regarding the pornography of minors as well as adding in article 128/b “Trafficking in children” that criminalizes by law not only the recruitment, hiding, reception of children but also their selling; 34. Law No. 9959 dated 17.07.2008 “On the foreigners”; 35. Decision of the Council of Ministers No. 1140, dated 30.7.2008 “On the adoption of the Cross-cutting Strategy for Combating Organized Crime, Illicit Trafficking and Terrorism”; 36. Decision of the Council of Ministers No. 1083, dated 23.7.2008 “On the adoption of the National Strategy for the Fight against Trafficking in Human Beings, 2008-2010, as well as the Additional Document “National Strategy for the Fight against Trafficking in Children and Protection of Children Victims of Trafficking 2008-2010”; 37. Law No. 10071, dated 9.2.2009 “On the ratification of the Council of Europe Convention for Protection of Children from Sexual Abuse and Exploitation”; 38. Law No. 10129, date 11.05.2009 “On civil registry” brought noteworthy amendments, which sustain prevention of human trafficking. The main changes regard to prevention of human trafficking has to do with some concrete measures concerning the facilitation of registration process of children and other persons in the civil registry such as: Removal of the timeframe limit for the declaration of birth and confirmation of the act of birth through legal proceedings for the purpose of child registration, banning of the administrative fine after the deadline foreseen by the previous law for the registration; Establishment of a recompense of 5 000 ALL from the State Budget to each registered birth; 39. Law No. 10173, date 22.10.2009, “On the Protection of Witnesses and Justice Collaborators”. This law expands the range of crimes for which protection is given to witnesses, and empowers the Directorate for the Witness Protection over the Commission for the Assessment of Especial Protection Measures, aiming at the autonomous decision for protection measures for witnesses and justice collaborators. This law entails the Directorate for Witness Protection to sign international agreements on concrete witness protection programs that relate to the reallocation of witnesses in countries other than their own; 40. Law No. 10192, date 3.12.2009 “On the Prevention and Fight against Organized Crime and Trafficking through preventive measures against assets”. This law widens the operational field including other offences and strengthens the power of the judiciary in seizing criminal assets; 41. Law No. 10193, date 3.12.2009 “On the Jurisdictional Relations with Foreign Authorities on Criminal Cases”. The adoption of this law helps the enhancement of cooperation with other countries, especially in the execution of rogatory letters; 42. Order of the General Directorate of State Police No. 69, date 25.01.2010 “On the coordination of work between the central and local structures in the fight against trafficking of human beings and the identification of victims of trafficking”; 43. Law No. 10220, dated 04.02.2010 “On the declaration of Moratorium for speed boats in the Republic of Albania”, with the goal of continuing the fight against illicit trafficking, drawing upon the positive effects of former moratorium; 44. Instruction No. 30, dated 05.02.2010 of the Minister of Interior “On the joint actions of the Implementing Structures of the National Strategy on Anti-Trafficking of Human Beings”; 45. Law No. 10252 dated 11.03.2010 on some changes to law No. 9355 “On Social Assistance and Services”, and in line with law No. 10355, dated 02.12.2010 “On annual budget 2011”,
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Instruction of the Ministry of Finance No. 4, dated 27.01.2011 “On implementation of state budget for 2011, the Ministry of Labor transfers funds (for food allowance) to the “Social Protection” program for the Victims of Trafficking clients who receive social services from private services providers (shelters); 46. Order of the Minister of Interior No. 141, dated 27.04.2010 “On referrals and registration of the birth act of persons who are not registered in the National Registry of Civil Status”. In line with this order, and in cooperation with the General Directorate of Civil Status, in the course of 2010 was made possible registration of 70 births which were problematic in terms of registration, whereas during 2009, the number of registrations for the persons who had not been registered was 7000. 47. Instruction No. 15, dated 28.05.2010 regarding selling of textbooks in pre-university education, students that enjoy the status of orphans, students coming from households that receive social assistance and unemployment benefits from the employment offices, students coming from households with members with disabilities are eligible for budgetary support for the compensation of the textbook prices; 48. Law No. 10301, dated 15.07.2010 “On some changes and amendments to Law No. 8677, dated 02.11.2000 “On the organization and operation of the Judicial Police”, amended version”. This law regulates the relations between the prosecution and the judicial police, in order to enhance the effectiveness in court rulings. Furthermore, the new law is aimed at improving the performance of the Judiciary Police, while increasing its effectiveness in terms of prevention, detection and investigation of criminal acts, while having a direct impact on the fight against crime through the division and clarification of the inter-agency competencies and tasks, both at the central and local level, and by fostering cooperation among these agencies; 49. Instruction No. 359, dated 11. 10. 2010 of the Minister of Interior “On the procedures for clearing duplications of the Albanian citizens from the main registers and National Registry of the Civil Status”, which defines the procedures for clearing duplications and for the identification of citizens with fictitious data; 50. The law on no 10347, date 04.11.2010 “On Protection of children rights”. This law aims to establish the necessary conditions for the formulation and implementation of policies that have an impact on children rights, while harmonizing them with the international standards. Furthermore, this law for the first time makes possible installation of an efficient system of surveillance and reporting regarding realization of child rights at the central and local levels, as well as provides for the institutional mechanisms that will be responsible for the implementation of this law and will guarantee the overall protection of child rights; 51. Decision of the Council of Ministers No. 1008, dated 10.12.2010 approved the transfer under administration responsibility of the facility in Libohova, Gjirokastra to the Ministry of Defense to the Ministry of Labor, Social Affairs and Equal Opportunities, in order for MoLSAEO to use it for the establishment of the National Centre for the Accommodation of the Victims of Trafficking for the South of the country;
Substantial changes of the legal framework approved during 2011
52. Decision of the Council of Ministers 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
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
Trafficking”. The approval of this action plan remains the most important strategic action of the government addressing the issues of the fight against trafficking in Persons; 53. Law No. 10426, date 02.06.2011 “On the ratification of the Third Supplementary Protocol of European Convention “On Extradition””, which foresees detailed rules for convicted or accused persons of various criminal acts, including trafficking in persons and children; 54. Law No. 10425, date 02.06.2011 “On the ratification of the European Convention “On Exercise of Children’s Rights”” that foresees general rules on the protection of children’s rights and taking of measures to avoid their engagement in criminal acts, trafficking in persons including; 55. Decision of the Council of Ministers No. 582 date 27.07.2011 “On approval of Standard Operating Procedures (SOPs) for the Identification and Referral of Victims / Potential Victims of Trafficking". SOPs are the fundamental document on which action will be performed for identifying and referring victims / potential victims of trafficking, including offering the package of services for victims of trafficking; 56. Guidelines of Ministry of Interior No. 07 date 10.01.2012 “On the approval of the procedures and record template22, to be filled out by the representatives from State Police and local government units (municipalities and communes), for cases of found children and unregistered children in the Civil Registry”.
22 Albanian version - procesverbal 56
Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
ANEX II - ACTIVITIES ON CRIMINAL TOPICS CARRIED OUT BY THE MAGISTRATES’ SCHOOL DURING THE JANUARY – DECEMBER 2011 PERIOD
No. Dates Course Topic Particip. 1 12-13 B 04 Legal aspects related to the institute of securing evidence 14 January in a criminal proceeding. Problems of absolute invalidity and uselessness of evidence obtained beforehand. 2 19-20 B 20 Problems of invalidity of criminal procedural acts. 18 January Judicial practices and unifying practiced of the Supreme Court. Invalidity of notifications. 3 3-4 B 08 Recognition and execution of foreign criminal decisions, 19 February influence of international conventions and bilateral agreements. Jurisprudence of the Supreme Court. The notion of the international arrest warrant and the perspective of its enforcement in our domestic law. Jurisdictional relationship with foreign authorities in the criminal matters. 4 7-8 B 22 Problems of legal norms and court practices regarding 23 February the seizure and confiscation of criminal assets. Criteria established by the unifying decision of the Supreme Court 5 9-10 B 23 Evidence obtained illegally and the meaning of the 20 February notion of uselessness. Criteria to discern from inadmissibility of acts, in accordance with the doctrine and jurisprudence of the Supreme Court 6 24-25 B 15 Evidence and their types. Their evaluation process. 23 February Indicia and evaluation criteria. 7 9 March B 17 Theoretical and practical aspects of trafficking in 38 personas and court practices. Assisting the illegal crossing borders. Theoretical and practical aspects in the point of view of international conventions. This training was done in cooperation and with the support of IOM. 8 11-11 B 05 Criteria for the evaluation of facts that emerge from the 27 March interrogation of the defendant or codefendant in a connected proceeding. The respective regime of allowed interpretations. Respecting contradiction in accordance with the jurisprudence of ECHR. 9 15-16 Training on “Cases of minors maltreatment” 21 March 10 17-18 Training on “Cases of minors maltreatment” 17 March 11 25 March B 29 Update with decisions of the ECHR to which Albania is 15 party, in criminal matters 12 30-31 B 32 Tools used to search for evidence. Acquaintance and 15 March their implementation.
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
No. Dates Course Topic Particip. 13 12-13 B 21 Rogatory letters in criminal proceedings and aspects of 21 April judicial practice related to their value as proof. 14 5-6 May B 04 Aspects of jurisprudence related to the institute of 25 securing evidence in a criminal proceeding. Problems of absolute invalidity and uselessness of evidence obtained beforehand. 15 2-3 June B 05 Criteria for the evaluation of facts that emerge from the 29 interrogation of the defendant or codefendant in a connected proceeding. The respective regime of allowed interpretations. Respecting contradiction in accordance with the jurisprudence of ECHR. 16 6-7 June B 08 Knowledge of and execution of foreign criminal 19 decisions, influence of international conventions and bilateral agreements. Jurisprudence of the Supreme Court. The notion of the international arrest warrant and its implementation in our domestic law. Legal relations with foreign authorities in the criminal matters. 17 8 June B 13 Problem of trials in absentia in criminal proceedings. 16 Aspects of the jurisprudence of the High Court, in accordance with decisions of the ECHR. 18 9-10 June B 21 Rogatory letters in criminal proceedings and aspects of 18 judicial practice related to their value as proof. 19 20-21 B 19 Understanding forms of special cooperation. Practical 15 June problems of the difference between a structured group and a criminal organization, according to international conventions and foreign norms. 20 27-28 B 02 Theoretical and practical problems regarding request of 29 June 2011 convicted personas during the execution of the criminal decisions. Jurisprudence of ECHR. 21 14-15 B 29 Human Rights and the ECHR. Update with the decisions 22 November of ECHR, with Albanian State as a party, in criminal 2011 matters. Implementation of international legal norms from National Courts in the human rights matters. 22 16-17 B 02 Human Rights and the ECHR. Update with the decisions 19 November of ECHR, with Albanian State as a party, in criminal 2011 matters. Jurisprudence of ECHR. Accomplishment of regular legal based process in the criminal process. 23 23-25 Investigation of corruption and financial crimes. 14 November 2011 24 13 Probation service and its role. 16 December 2011 25 14 B 01 Strengthen the knowledge for alternative convictions and 25
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
No. Dates Course Topic Particip. December their execution. 2011 26 15-16 B 01 Conviction alternatives after the reform of the system of 25 December convictions (work on public interest, home confinement, 2011 conditional release, probation service etc.) and their execution. Practical court problems and consistency with the European practice. 27 22-23 B 30 Criminal cybernetic offences, fraud on insurance, 14 December subsidies and credit. Cybernetic fraud. 2011
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
ANEX III - STATISTICAL DATA OF THE DIRECTORATE FOR THE INVESTIGATION AND PREVENTION OF CRIMES AT THE GDSP, ON THE NUMBER OF MINORS VICTIMS OF CRIME DURING THE JANUARY – DECEMBER 2011 PERIOD
1. Data for the number of minor’s victims of crime according the criminal offences (January – December 2011):
Child victims No. CRIMINAL OFFENCE under 18 I Crimes against life 36 Threat - 1 article 84 36 II Criminal offence against health 193 Non-serious intentional injury - 1 article 89 111 Other intentional harm - 2 article 90 81 Non-serious injury due to negligence - 3 article 92 1 Criminal offence that endanger health III and life 1 Causing suicide - 1 article 99 1 TOTAL 230
2. Data on investigation and prevention of crimes (January – December 2011):
Child victims No. CRIMINAL OFFENCE BY TRENDS under 18 I Cr.off. against person’s freedom 8 Unlawful detention - 1 article 110 6 Breaking and entering into someone’s house - 2 article 112 2 II Cr.off. against morality and dignity 3 Insulting - 1 article 119 3 III Cr.off. against children, marriage and family 15 Abandonment of child - 1 article 124 9 Maltreatment of child - 2 article 124 / b 4 3 Unlawfully taking the child - 2
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Report on the Implementation of National Action Plan for the Fight against Trafficking in Personas January – December 2011
article 127 TOTAL 26
3. Data on sexual offences (January – December 2011):
Child victims No. CRIMINAL OFFENCE under 18 I Sexual offences 22 Sexual or homosexual relations with children 1 - article 100 7 Sexual or homosexual relations with children 14 – 18 years old 2 - article 101 7 Sexual or homosexual relations with kindred or persons in one’s 3 custody - article106 2 Indecent acts 4 - article 108 6 TOTAL 22
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