A/HRC/20/24/Add.1
migrants, are yet to be implemented.18 He also regretted that the Government’s Information
and Communication Policy with the Albanian Migrant Community, aimed at better
informing Albanian migrants of their fundamental rights, has not yet been formally
adopted.
32.
The Special Rapporteur is deeply concerned that the 2006 Law on Emigration of
Albanian Citizens limits its scope of application to Albanian citizens who have “migrated
regularly” (art. 4; see also art. 14, para. 2 (b)). This severely restricts the enjoyment of the
rights for all Albanian migrants, including the right to contact and cooperate with
diplomatic and consular representatives in host countries (art. 7). Throughout his visit, the
Special Rapporteur heard about the reluctance of many Albanians to approach the consular
services from fear of being detected by the authorities and/or because of deep-rooted sense
of distrust of State authorities. Another prevailing perception was that Government
assistance required personal connections. Albanian returnees who met with the Special
Rapporteur also expressed a feeling of abandonment by the authorities while abroad.
Children’s rights
B.
33.
The Special Rapporteur noted with serious concern the impact on the enjoyment of
children’s rights as a result of the aforementioned restrictions in law and practice. One key
issue is ensuring the birth registration of Albanian children abroad, especially those born in
Greece by parents in an irregular situation, leading to a situation of statelessness. He was
also informed of lengthy processes of Albanian authorities to have children recorded in the
civil status registry and noted with concern that late registration (two years after birth) is
penalized with a fine. Registration of Roma children born to Albanians abroad was
reportedly particularly difficult.
34.
As a State party to the Convention on the Rights of the Child, Albania has an
obligation to ensure the right of children to a name and a nationality and to free and
compulsory birth registration (art. 7). In this regard, the Special Rapporteur welcomed the
cooperation between the Ministry of Foreign Affairs and Tirana Legal Aid Society to
increase the number of Albanian children to be registered abroad. The agreement commits
the Government to instruct Albanian consular offices to retrieve maternity certificates from
maternity homes abroad. Albanian children living abroad also face difficulties in receiving
education in their native language, with host countries restricting the establishment of
separate schools or not offering teaching in Albania at public schools. Measures should be
taken with a view to ensuring that education of Albanian children abroad is directed at the
development of the child’s cultural identity and language.
C.
Deprivation of liberty
35.
Thousands of Albanians abroad are deprived of their liberty, either under prison
sentences or in police custody. In 2005, 52,365 Albanians were apprehended within the
European Union.19 Problems with access to lawyers and interpreters, as well as contact with
relatives, are commonly reported. Legal defence is often poor, leading to unfair convictions
and/or excessive sentences. The Government has envisaged that “embassies should provide
free legal aid if necessary in cases where it is not guaranteed by the host country, in
18
19
Ibid., pp. 30 and 31.
IOM, The Republic of Albania, Migration Profile (Ministry of the Interior of the Republic of
Slovenia, Ljubljana, 2007), p. 20. The largest numbers are in Italy and Greece.
11