A/HRC/20/24/Add.1
on migrants’ rights and the low level of awareness of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, contrary
to other international human rights treaties which are reportedly more closely monitored by
civil society (see also CMW/C/ALB/Q/1, para. 11).
23.
Pursuant to observations of the Special Rapporteur, lawyers and judges, social
workers, border police and civil servants urgently need systematic training on international
human rights law and on the human rights of migrants in particular. He was also concerned
at a negative portrayal of migrants by the media and cautions that alarmist reporting can
fuel anti-immigrant discourse and actions in society. In order to empower migrants to claim
and defend their rights, increased information on and enforcement of the right to legal aid
as guaranteed in the Law on Legal Aid is vital.
24.
In this regard, the Special Rapporteur welcomed information that the recently
established Legal Aid Commission started its work by focusing on vulnerable groups. He
also noted as positive the agreement concluded between civil society and the Legal Aid
Commission on the provision of legal aid by lawyers at local level. In this vein, the need to
inform in particular police at border points about available lawyers was emphasized.
C.
Reliable data and statistics
25.
Interlocutors repeatedly pointed to the absence of reliable data as a significant
challenge confronting Albania in ensuring human rights protection of migrants. Most
striking is the paucity of statistics on the number and location of Albanian migrants abroad,
with no official data available on the number of undocumented migrants, estimated to make
up half the emigrant population.14 Concerning the lack of systematic and reliable data
collection on returnees, the Special Rapporteur recognized the establishment of the Total
Integrated Management System installed in all border points by the police to collect data on
the exit and entry of all Albanians and foreign citizens. He learned, however, that this
information is not disclosed or available for analysis and that it does not register asylum
claims or other protection needs.
26.
The Special Rapporteur was pleased to learn about the Government’s efforts to
renew the National Migrants Register.15 First launched in 2008 to register potential
Albanian migrants and Albanian returnees at Regional Employment Offices, it is now used
by the migration counters to register all migrants. As registration is voluntary, this data
does not necessarily reflect the actual situation of migration from, into and through Albania.
While noting the decision in July 2010 to register electronically all asylum-seekers and
refugees in the civil status registry for foreigners, the Special Rapporteur regretted that the
process has not yet been concluded. Implementation of this decision and the release of the
results of the 2011 Census of Population and Housing will help clarify the number, status
and origins of foreign citizens residing in Albania.
D.
Vulnerable groups and interface between migration and exploitation
27.
While acknowledging measures taken by the authorities to ensure that Albanians are
informed of trafficking risks linked to migration, 16 the Special Rapporteur was alerted in his
meetings about a lack of comprehensive understanding of the interplay between migration
14
15
16
National Strategy on Migration, p. 9.
Order of the Minister of Labour, Social Affairs and Equal Opportunities No. 84.
GRETA(2011)22, para. 98.
9