A/HRC/20/24/Add.1 III. Normative and institutional framework for the protection of the human rights of migrants A. International legal framework 8. Albania is a party to all core international human rights treaties, with the exception of the Convention on the Rights of Persons with Disabilities. Notably, Albania is one of only two European countries to have ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In November 2010, the initial report of Albania on the implementation of the Convention (CMW/C/ALB/1) was considered by the Committee on Migrant Workers. While regretting that Albania had not yet made the declarations provided for in articles 76 and 77 of the Convention – allowing for the consideration by the Committee of inter-State and individual complaints – at the time of his visit, the Special Rapporteur was pleased to learn that Albania is currently preparing its second report on the implementation of the Convention. 9. Albania has adhered to the principal international treaties relating to the protection of refugees, the prevention, suppression and punishing of trafficking, and the International Labour Organization (ILO) conventions on protection of migrant workers (Nos. 97 and 143). As a member state of the Council of Europe since 1995, Albania is also a party to European Convention for the Protection of Human Rights and Fundamental Freedoms, the European Social Charter (Revised) and the European Conventions on the Legal Status of Migrant Workers, on the Participation of Foreigners in Public Life at Local Levels, and on Action against Trafficking in Human Beings. B. National legal and institutional framework 10. The Special Rapporteur was impressed by the comprehensive set of laws, policies and strategies to ensure a comprehensive rights-based approach to migration in compliance with international and European standards and obligations. He also welcomed a critical awareness of remaining shortcomings and recognition of the need for further improvement of the legal framework. In this regard, it may be recalled that, while international treaties become part of domestic legislation upon ratification and prevails over the latter in case of conflict, the Committee on Migrant Workers noted in 2010 that in practice in Albania there is no guarantee of primacy of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in case of conflict with the law. The Special Rapporteur therefore recalls the Committee’s recommendation to Albania to harmonize its domestic legislation with the Convention (CMW/C/ALB/CO/1, paras. 4 and 10). 1. National laws 11. As the supreme law of the land, the 1998 Constitution guarantees that “the fundamental rights and freedoms and the duties contemplated in this Constitution for Albanian citizens are also valid for foreigners and stateless persons in the territory of the Republic of Albania, except for cases when the Constitution specifically attaches the exercise of particular rights and freedoms with Albanian citizenship” (art. 16). 12. This provision is replicated in article 5, paragraph 1, of the Law on Foreigners which governs the regime on entry, residence, employment, treatment and exit of foreigners in and from Albania. The law stipulates that “foreigners who are subject of this law are treated in conformity with the fundamental human rights and freedoms and international instruments ratified by the Republic of Albania, while recognizing the principle of reciprocity, non- 6