United Nations CMW/C/ALB/2 International Convention on the Distr.: General 18 January 2017 Protection of the Rights of All Migrant Workers and Original: English English, French and Spanish only Members of Their Families Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families Consideration of reports submitted by States parties under article 73 of the Convention Second periodic reports of States parties due in 2015 Albania* [Date received: 19 December 2016] * The present document is being issued without formal editing. GE.17-00767(E) CMW/C/ALB/2 I. Introduction 1. The Republic of Albania has acceded to the Convention “On the Protection of the Rights of All Migrant Workers and Members of their Families” with Law No.9703, dated 02.04.2007. 2. The Committee reviewed the initial report of Albania (CMW/C/ALB/1) at its 138th and 139th meetings (CMW/C/SR.139 and SR.140), held on 22 and 23 November 2010 and adopted the final observations at its 151st meeting held on 1 December 2010. 3. In the previous report, the Committee welcomed the submission of the Report and the written replies to the list of issues, which enabled the Committee to better understand the implementation of the Convention from the state party. 4. The Committee also welcomed the constructive and fruitful dialogue, with a competent delegation. In this Report, Albania will report on specific issues of the Convention and on previous recommendations of the Committee, for the period 2011-2015. 5. The second national periodic report, submitted under the article 73 of the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), was drafted pursuant to the Instructions on the form and content of reports that are to be submitted from the State parties in the period 2011-2015. 6. The Report contains information on the implementation of the dispositions of the Convention, recommendations of the Committee, based even in the Concluding Remarks (December 2010). An important place takes the progress achieved in the legal aspect, institutional, policies, the difficulties/challenges to guarantee the rights of all migrant workers and members of their families. After the Committee recommendations, the Ministry of Foreign Affairs, has informed the relevant institutions in order to inform and to take measures for the implementation of the recommendations. 7. Considering the respect and protection of human rights being one of the main priorities, the Albanian Government is engaged in the fulfilment of international obligations arising from the human rights conventions. Pursuant to the Order of the Prime Minister No.112, dated 05.03.2014 “ On the establishment of inter-ministerial working group on preparation and participation in the consideration of reports under international conventions on human rights”, the Ministry of Foreign Affairs coordinates the process of the preparations of international reports on the implementations of the human rights conventions, including even the report in the framework of this convention, in cooperation with the state institutions and independent institutions. This report is drafted as a result of work coordination and inclusion of state institutions according to their fields of competence on issues that this convention covers. The Report is prepared in cooperation with the central institutions (Ministry of Interior, Ministry of Education and Sports, Ministry of Social Welfare and Youth) and other independent institutions (Commissioner for the Protection against Discrimination). 8. Pursuant to the domestic legislation, this report was adopted by a Decision of the Council of Ministers (DCM) Nr. 845 date 7 December 2016. 2 CMW/C/ALB/2 II. General information 1. General information related to the actual reporting period 9. During the actual reporting period on the protection of the rights of all migrant workers and members of their families, there has been a lot of migrating movements (Albanian especially). Important legal, institutional and practical measures are undertaken to confront these changes. The field of legal provisions regarding the migrant workers and members of their families includes 10. Law “On foreigners” 108/2013, which guarantees improvements relating to the social security for foreigners treatment not to permit their discrimination. In the field of foreigners’ integration, it provides the draft and implementation of the National Program of Social Integration of the foreigners from the responsible Ministries. Regarding the social insurances, it is given protection to the foreign citizens and persons without nationalities that work in Albania. 11. In 2014, it is drafted the National Strategy for Employment and Abilities 2014-2020 adopted with the Decision of the Council of Ministers no.818, dated 26.11.2014. In this strategy are included even policies for work migration for the period 2014-2020. The action plan measurements of this strategy, contribute in direct or indirect way in guaranteeing the protection against different forms of discrimination. 12. Law no.10389, dated 03.03.2011, “On some amendments in the law no.9668, dated 18.12.2006 “On the migration of Albanian citizens for employment reasons”. Law provides the establishment and functioning of migration counters, which offer information service for the Albanian citizens who want to migrate, also support for the reintegration of migrant returnees. In the field of bilateral agreements 13. It is in the process of drafting and negotiating the text of the draft agreement between the Swiss Confederation and the Council of Ministers of the Republic of Albania for the exchange of young professionals. 14. In April 2014 the State of Qatar signed the “Agreement between the Government of the Republic of Albania and the Government of the State of Qatar in connection with Regulation of employment of citizens of the Republic of Albania in the State of Qatar”. 15. During the first six months of 2014 it is done a great work to continue the implementation of the Memorandum of Understanding between the Ministry of Labour and Social Policy of the Italian Republic and the Ministry of Social Welfare and Youth of the Republic of Albania in connection with the implementation of the Agreement on Labour migration, signed in July 2011. 16. In May 2012 it was signed with the German party the Memorandum of Understanding On Cooperation in the framework of the pilot project “Triple Win Migration”. In the field of social security 17. It is in function the Agreement between the Government of the Republic of Albania and the Republic of Turkey “On social security”, which came into force in 2015. 3 CMW/C/ALB/2 18. Cooperation with Belgium has initiated in March 2010, with the first negotiations and ended with the adoption of the Law No. 35/2014, dated 04.03.2014. The agreement entered into force in January 2016. 19. Cooperation with Macedonia for the Agreement on Social Security. The agreement was approved by the Council of Ministers Decision No. 228, dated 11.03.2015 and signed in Skopje on 17 March 2015, by the counterpart ministers of social affairs. 20. Agreement with the Grand Duchy of Luxembourg. The agreement was ratified by the Parliament, with Law no. 42/2015, dated 16.04.2015. 21. Agreement with Hungary was approved by DCM no. 531, dated 06.08.2014 and was signed in Tirana on 10.12.2014. It is actually undergoing the ratification procedures. 22. The signing of the “Agreement on Social Security between the Republic of Albania and Romania” was held in Bucharest, on February 27, 2015 between the counterpart ministers of Social Affairs. Actually they have started procedures for sending the agreement for ratification practice, in the Albanian Parliament, through the MFA. 23. The agreement with Canada has initiated in October 2013. 24. The agreement on Social Security between the Republic of Albania and the Federal Republic of Germania, adopted in the Council of Ministers with the DCM no.727, dated 02.09.2015, was signed in 23 September 2015 in Tirana. Actually there are being prepared all the necessary procedures for its ratification. 25. The agreement on the Social Security between the Republic of Albania and the Czech Republic. It is adopted in the Council of Ministers with the DCM no.728, dated 02.09.2015 and it is signed in 13 October 2015 in Prague. 26. The Social Security Agreement between the Republic of Albania and the Republic of Austria. The next round of negotiations was held in Vienna during 9 to 13 November 2015, where the parties ratified the text of the basic agreement and agreed on the administrative agreement draft. 27. Actually it is in process the approval of the decision of the Stabilisation and Association Council on the coordination of social security schemes between Albania and the EU, pursuant to Article 48 of the SAA. 28. The beginning of negotiations for the coordination of social security schemes with other countries such as Greece, Kosovo, Spain, France, Croatia, Denmark. In the field of fight against trafficking 29. Decision no. 115, dated 02.17.2016, approved the Action Plan for Socio-Economic Reintegration of women victims of trafficking. This Action Plan helps in socio-economic development of women and girls VT/PVT in the field of economic empowerment, eg property rights, employment and vocational training, housing, education and social care. 30. On 19 June 2015, it was signed the Regulation on the organization and functioning of the Authority responsible for the identification, referral, protection and reintegration of victims/potential victims of trafficking. During the reporting period, periodic meetings of the Responsible Authority members are held to address specific cases of victims/potential victims of trafficking In the education field 31. Law No. 69/2012 “On Pre-University Education System in the Republic of Albania” guarantees the right for education of Albanian citizens, foreigners and stateless persons without discrimination.