A/HRC/20/24/Add.1 C. Migrant workers and members of their families 65. Likely due to their small number of foreign migrant workers living and working in Albania, the situation of foreign migrant workers living and working in Albania was seldom brought to the attention of the Special Rapporteur. He noted with concern, however, the position of the Government in 2010 that, owing to the low numbers of migrant workers, the issue is not considered a priority and no specific regulation is currently envisaged for this category of migrants (CMW/C/ALB/Q/1/Add.1, para. 87). In view of the reported increase of irregular migration into Albania, the Special Rapporteur urges the Government to revisit its position and ensure that laws and the new strategy on migration address and guarantee the enjoyment of the human rights of migrant workers and members of their families, regardless of their status. Special attention should be paid to reports of alleged exploitation of cheap labour force coming from other countries in the region and to the need to strengthen the monitoring role of the Labour Inspectorate in formal and informal markets. 66. The Special Rapporteur reiterates that as a State party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, Albania is under an obligation to ensure to “everyone” all fundamental civil, political, economic, social and cultural rights. In this regard, the Special Rapporteur notes that the current national legal framework does not fully comply with the country’s international human rights obligations. Article 5 of the Law on Foreigners restricts the right to possess documents that certify his/her identity, the right to appeal and the right to compensation and the right to association to foreigners staying “legally” or having “legal residence”. A review of the law should also ensure that the right to education not be restricted to “permanent residents” (art. 30) and include an explicit provision on the right to a nationality of children born to foreigners in Albania. The law should also contain the principle of the best interest of the child wherever it impacts on the situation of children in the context of migration. VIII. Conclusions and recommendations 67. Albania has made commendable progress in putting in place a holistic and rights-based legal and policy framework for migration. With the crucial support of the European Union, the United Nations country team, international organizations and other donors, Albania has developed comprehensive national strategies on migration, reintegration of returnees and border management and brought laws in closer compliance with human rights obligations. The Special Rapporteur was impressed by the level of political commitment to giving effect to this framework. 68. Nevertheless, as a developing country with only two decades of democratic governance, public institutions and the public administration remain weak. A significant gap between policies and their practical implementation persists. This directly impacts on the capacities, resources and expertise of the state to ensure the realization and protection on the human rights of migrants. In its capacity as the main external stakeholder in Albanian migration management, the Special Rapporteur calls upon the European Union to support Albania in addressing these challenges. He reiterates that the protection of the rights of migrants is a shared responsibility of States and urges Albania to intensify cooperation with neighbouring countries and key countries of destination in this regard. 69. In the light of the concerns mentioned and information received, the Special Rapporteur wishes to propose the following recommendations to the Government. 19