A/HRC/20/24/Add.1
particular to ensure that the concerned person benefits from the service of a translator in
Albanian if needed”.20
36.
In this respect, the Special Rapporteur notes that cooperation with and training for
Albanian lawyers living abroad and ensuring systematic follow-up on individual cases by
consular staff is critical to guaranteeing the protection of the rights of emigrants deprived of
their liberty.
D.
Civil and political rights
37.
As noted in the National Strategy on Migration, a key implication of the high level
of emigration is the level of political participation: many Albanians migrants cannot
participate in Albanian elections although they make up a great part of the voters list.
Whereas national law protects the political rights and freedoms of Albanian migrants
abroad and provides that the State should create the necessary facilities for them to exercise
the right to vote,21 article 11 of the Electoral Code stipulates that this right can only be
exercised on the territory of Albania. The Special Rapporteur heard criticism that
independent voting at consular offices remains problematic.
E.
Social security
38.
In his meetings with returning migrants, the Special Rapporteur learned about their
frustration at the lack of recognition of the social contributions paid while working abroad
and about difficulties in accessing social services. In addition, in some of the principal
countries of destination of Albanian migrant workers, a minimum of 15 years of continuous
work is required in order to have access to the social system and benefit from social
contributions. The Special Rapporteur recalls that under the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families (art.
27), migrant workers and members of their families enjoy the same treatment granted to
nationals with respect to social security and that the State of origin and the State of
employment should establish the necessary arrangements to this effect.
39.
The Special Rapporteur therefore welcomes the signing of bilateral agreements on
social security with Belgium and Turkey, as well as the agreement on a pension plan
between Albania and Greece, and reiterates the call by the Committee on Migrant Workers
for Albania to conclude further bilateral agreements with the principal countries of
destination (Italy and Greece) (CMW/C/ALB/CO/1, para. 28 (c)). In this regard, the Special
Rapporteur welcomes the agreement of 19 July 2011 with Italy on seasonal workers, which
stipulates that citizens of both countries who work in the territory of the other enjoy the
same rights, including conditions of work, social protection, social benefits and
fundamental rights of workers.22
20
21
22
12
National Strategy on Migration, p. 30.
Law on Emigration of Albanian Citizens for Employment Purposes.
Art. 11, Accordo Bilaterale in material di lavoro tra il Governo della Repubblica Italiana e Il
Consiglio dei Ministri della Repubblica di Albania (translation from the Italian version of the
agreement).