On the Implementation of the Strategy on the Fight Against Trafficking in Persons and Action Plan 2014-2017 Republic of Albania Ministry of Internal Affairs
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REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 REPUBLIC OF ALBANIA MINISTRY OF INTERNAL AFFAIRS National Coordinator for Combating Trafficking in Persons REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 Tirana, October 2016 REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 This report is prepared by Office of the National Coordinator for Combating Trafficking in Persons and Ministry of Internal Afairs. The report is translated, edited, designed and printed with the support of World Vision Albania. Editor: Guri Lekloti Graphic design: Genuine Effect Print: ExpoVision http://wvi.org/albania http://www.punetebrendshme.gov.al TABLE OF CONTENTS INTRODUCTION 8 I. PROSECUTION 8 II. PROTECTION AND ASSISTANCE TO VICTIMS OF TRAFFICKING 16 OPERATION OF THE NATIONAL REFERRAL MECHANISM 18 IDENTIFICATION AND REFERAL OF THE VICTIMS/POTENTIAL VICTIMISOF TRAFICKING 19 ASSISTED RETURN OF THE VICTIMS /POTENTIAL VICTIMS OF TRAFFICKING 25 SUPPORT TO THE VICTIMS /POTENTIAL VICTIMS OF TRAFFICKING 26 FINANCIAL STATE/ NON-STATE SUPPORT FOR THE PUBLIC AND NON-PUBLIC SHELTERS 27 SERVICES FOR THE VICTIMS/ POTENTIAL VICTIMS OF TRAFFICKING 29 III. PREVENTION 38 Improving the Legal and Institutional Framework 38 Awareness raising on trafficking in persons 39 REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE 4 FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 I V. COORDINATION 52 COORDINATION OF ANTI-TRAFFICKING ACTORS WITHIN THE COUNTRY 53 COORDINATION AND STRENGTHENING PARTNERSHIPS, ESPECIALLY WITH CIVIL SOCIETY 55 REGIONAL AND INTERNATIONAL COORDINATION AND COOPERATION 57 V. RECOMMENDATIONS 63 Annex 1 64 Analysis of the activity of the Regional Anti-Trafficking Committees (RAC) for 2015 64 ANNEX 2 95 Capacity building of anti-trafficking structures / trainings & workshops 95 REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE 5 FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 PREFACE Trafficking in persons in Albania is still, nowadays, a disturbing phenomenon, despite the existence of legal and institutional mechanisms set up in order to combat it. The reasons of trafficking are numerous. Among them, poverty and inability to work, receive education, and lack of alternatives, are some of the driving factors that lead women, men, and children to trafficking, and consequently to becoming victims of such a crime. The Government of Albania and the Ministry of Internal Affairs have made the fight against trafficking in persons a top priority, by committing maximal engagement to it, and adopting concrete measures in response, including: Improving the legal framework and its compliance with international law; enhancing the capacities of anti-trafficking structures; improving the methods for victim identification through a pro-active approach and the process of their reintegration into society; preventing human trafficking by increasing public awareness; intensifying regional and international cooperation in combating trafficking. All the achievements in the area of trafficking, and the progress made in this regard, have received continuous support by Minister Tahiri, who made the measures against trafficking in persons one of the priorities of the Ministry. Due to such maximal commitment and response with specific measures, the US State Department Report (June2015), pointed out that Albania showed stability, and positioned it in tier 2 (for the purpose of that Report, Tier 1 is the highest and Tier 3 is the lowest).Tier 2 stands between Tier 1 and Tier 3,and concerns countries under observation. The 2013 Department of State Report ranked Albania in Tier 2. In addition, the recent Progress Report of the European Commission on Albania positively evaluated the measures against trafficking in persons. Similarly, the latest Council of Europe report highlights the notable progress our country has made in the area of trafficking. This Report presents the information divided into four chapters, namely: - Prosecution; - Protection; - Assistance for victims of trafficking; - Prevention and coordination, in accordance with the Strategic Document pillars. REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE 6 FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 In this Report, you can find information on the efforts made by the law enforcement agencies in collaboration with other stakeholders, to pursue criminal prosecution and increase the number of convictions of traffickers, based on fair court proceedings. During their activity, these structures paid special attention to the improvement of the treatment of victims of trafficking, based on human rights and the best interest of the latter. This Report on the implementation of duties under the National Anti-trafficking Action includes information on the achievements, and on the issues faced while implementing the activities for reaching the objectives set out in the Strategy against Trafficking in Persons, as well as the challenges in finding a systemic sustainable response to this phenomenon in Albania. This Strategy was also adopted by Decision of the Council of Ministers (DoCM)No. 814, dated 26.11.2014. REPORT This Report is a product of teamwork because without the information supplied by all actors involved in the Strategy, we would not have a clear overview of the actions undertaken for the progress, not only as regards the fight against and prevention of trafficking in persons, but also for the country’s full integration into European structures. The Office of the National Coordinator for Combating Trafficking in Persons would like to specially thank all the implementing institutions of the Strategy on the Fight against Trafficking in Persons, including: the Ministry of Internal Affairs/State Police, the Ministry of Social Welfare and Youth, the Ministry of Health, the Ministry of Education and Sports, the Ministry of Defense, the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Urban Development, the Ministry of Economic Development, Tourism, Trade and Entrepreneurship, the Ministry of Finance, the General Prosecution Office/Serious Crimes Prosecution Office, First Instance Serious Crimes Court, Appellate Serious Crimes Court, International Organizations and local NGOs, National Coalition of Anti-Trafficking Shelters, Regional Anti-trafficking Committees, as well as all the other partners and stakeholders who have contributed in the implementation of the Strategy, without which contribution, this Report would be made possible. A special thanks goes to the Office of the National Coordinator for Combating Trafficking in Persons, namely to Anila Trimi, Mimoza Qyra, Iris Hodaj, and Dea Dragoti, for their dedication and commitment in coordinating the work at national level, addressing all the issues, and the efforts they made to find solutions. Dr. Elona Gjebrea Deputy Minister of Internal Affairs National Coordinator for Combating Trafficking in Persons REPORT ON THE IMPLEMENTATION OF THE STRATEGY ON THE 7 FIGHT AGAINST TRAFFICKING IN PERSONS AND ACTION PLAN 2014-2017 INTRODUCTION Trafficking in persons is considered today as one of the priority issues of the society. In various international instruments, trafficking in persons is estimated as “A violation of fundamental human rights, dignity, and integrity of human beings”. This Report presents the measures and efforts made during 2015 by the Office of the National Coordinator for Combating Trafficking in Persons, as regards the improvement of the legal framework in the area of fight against trafficking in persons, prevention and awareness of the community through meetings and awareness campaigns concerning this phenomenon, improving and building capacities of law enforcement structures engaged in the fight against trafficking in persons, protection of children from exploitation and abuse, fighting corruption among the ranks of law enforcement, cooperation within and outside the country, collection of statistical data regarding the identification, investigation, and trial of human trafficking offenses, etc.. During its work, the Office of the National Anti-Trafficking Coordinator (ONAC), worked closely with, and received constant support from all actors involved in the fight against trafficking in persons. Several law enforcement structures are to be mentioned here, including the police, the prosecution office, as well as the social service, the diplomatic and consular service, etc.. Local and foreign NGOs which provide rehabilitative and preventive services for anti-trafficking in Albania have made a special contribution to the fight against trafficking in persons, especially to the prevention of this phenomenon. I. PROSECUTION Based on the need to improve the penal and procedural legislation, and as a follow-up of the recommendations of the international organisms, the Office of the National Anti-Trafficking Coordinator (ONAC) has proposed the following amendments: –Article 52/a of the Criminal Code, “Exception or reduction of the sentence for justice collaborators and victims”. The proposal here is that the second paragraph of this Article is be reworded into the following text: “A person who is victim of trafficking in persons offence shall be entitled to exemption from the criminal prosecution