A/HRC/20/24/Add.1
VI. Returnees
40.
Albanian law sets out that “emigrants, including returned emigrants” have the right
to information and counselling free of charge in the field of vocational training, jobbrokering services, social protection, freedom of association, possibilities for housing and
social security.23 Implementation of this provision has encountered significant challenges
due to a failure of the law to clearly distinguish between “emigrants” living abroad and
“returning migrants”, as a result of which a distinct set of criteria for benefits and
entitlement assigned for returnees is lacking. The Special Rapporteur was pleased to learn
that amendments in 2011 to the Law on the Emigration of Albanian Citizens for
Employment Purposes clarify the benefits resulting from the status of migrant, but remains
concerned at reports that the implementation of the law and the amendments thereto have
not yet started. Moreover, the Government notes that, since the adoption of the Strategy for
Reintegration of Returned Albanian Citizens 2010–2015, the migration counters have been
established to tend to the needs of the returnees and assist with access to employment,
education and professional services, including healthcare and social security. The Special
Rapporteur notes, however, that the Strategy on Reintegration enables returnees to access
only already existing public services available to all other Albanian citizens and does not
envisage the creation of specialist services for returnees, apart from those that fall into clear
legal categories, including victims of trafficking, unaccompanied minors and Roma.
41.
The Special Rapporteur heard testimonies of the difficulties facing returnees’
reintegration, particularly in finding employment. While voluntary return of migrants with
valuable professional experience from abroad has increased in the last few years, the
Special Rapporteur heard that Albania has not effectively benefited from returnees’ skills
nor responded to their needs, especially in the light of the economic crisis.
A.
Return, reception and readmission
42.
The Special Rapporteur was impressed by the professionalism of the Border and
Migration Police regarding the pre-screening procedure in place since 2004 at almost all
border points for the identification of foreigners and conducting interviews with returning
Albanian citizens. Under this procedure, each returnee is interviewed, provided with food,
accommodation and medicine (if necessary), and transported to the nearest urban area. 24
The Special Rapporteur was particularly pleased to learn about the presence of social
workers and psychologists during interviews of unaccompanied minors and victims of
trafficking (when anti-trafficking police also called in) or other forms of exploitation
among returnees. He also welcomed the instruction of the Ministry of the Interior to the
effect that all border crossing points have at least one female police officer to interview
children and women.
43.
Nevertheless, the Special Rapporteur identified several concerns with regard to the
return process that require immediate attention. He is deeply concerned at reports of
unaccompanied Albanian children returned to the borders by the authorities of
neighbouring countries outside the framework of readmission agreements. These children,
sometimes undocumented, are returned to the border without a prior assessment of their
best interest and without proper follow-up in terms of social care. In this regard, the Special
Rapporteur regrets that the Albania-European Community Readmission Agreement does
23
24
Law on the Emigration of Albanian Citizens for Employment Purposes, art. 8. See also
CMW/C/ALB/1, para. 97.
“Strategy on reintegration of returned Albanian citizens”, pp. 10, 28 and 29.
13