A/HRC/20/24/Add.1
discrimination and treatment no less favourable than Albanian nationals” (art. 2). The Law
on the Protection against Discrimination of 2010 protects against discrimination on any
basis, including in employment, education, political participation, and access to goods and
services. Importantly, it applies to “all persons who stay and reside in Albania, including
both Albanian citizens and foreigners” (art. 4).
13.
Alongside the Law on Foreigners, the Law on Asylum, the Law on State Border
Control and Surveillance, the Law on Migration of Albanian Nationals for Employment
Purposes and the Law for Encouraging Employment are the main statutory laws regulating
migration.
2.
National policies and institutions
14.
With the financial and technical assistance of the European Union, United Nations
agencies and IOM, Albania has established a remarkable framework of policies, plans and
strategies on migration. The National Strategy on Migration 2005–2010 and its
corresponding Action Plan and the Strategy on Reintegration of Returned Albanian Citizens
2010–2015 constitute the key pillars of this framework. The National Strategy and Action
Plan on the Fight against Trafficking in Person 2011–2013, the National Strategy on
Integrated Border Management and its corresponding Action Plan 2007–2014 and the
National Action Plan on Remittances 2007–2010 complement these policies.
15.
The importance attached to migration management in national policies is further
reflected in the overarching National Strategy for Development and Integration 2007–2013,
which sets out as one strategic priority the creation of favourable legal and institutional
mechanisms which will ensure that “migration assists the development of Albania”,
including by “protecting the rights of Albanian immigrants where they live”. 10
16.
The lead ministries responsible for the implementation of these policies are the
Ministry of Labour, Social Affairs and Equal Opportunities, the Ministry of Interior and the
Ministry of Foreign Affairs. As the ministry responsible for all labour-related aspects of
migration, the former oversees the Directorate of Migration Policies, Return and
Reintegration which formulates and implements the country’s migration policies. The
Ministry oversees the monitoring and coordination of the National Strategy on Migration
and, as such, chairs the inter-ministerial Technical Committee on Migration. Interministerial cooperation was identified as a primary challenge in the implementation of the
strategy, while cooperation with line ministries was reportedly steadily improving along
with enhanced data collection. The Special Rapporteur has also been assured that a new
national strategy on migration 2013-2018 will be developed, and is pleased to learn that the
Ministry of Labour has established an interagency working group to draft such a strategy.
The Special Rapporteur hopes that the new strategy will be developed in the light of the
current recommendations and adopted by the Executive in a timely manner.
17.
The Ministry of Foreign Affairs holds responsibility for the protection of the rights
of Albanian nationals abroad, including through its consular offices, which collect and
distribute information on social and employment legislation, with particular attention to
social protection issues. The Ministry of the Interior controls the admissions of foreigners
and the departure of Albanian nationals and adopts and executes measures against
trafficking and irregular migration. Its Department of Border and Migration is responsible
for implementation of Readmission Agreements and can receive appeals against expulsion
orders.11
10
11
National Strategy for Development and Integration, p. 32.
CMW/ALB/CO/1, para. 23.
7