Participation of children in decision making has been promoted by SAPCR through child hearings, aiming at bringing together the children and the responsible institutions and authorities for implementation of child rights. Two hearings with children have been organized:
-
November 19, 2014: Hearings with children and the Minister of MSWY, Deputy Minister of Education, members of Parliament, for the 2015 budget.
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November 2014: Organization of two hearings with children during the process of drafting the National Report on child rights.
On 3 October 2014, the National Council for Protection of Child Rights (NCPCR) gathered for the second time. The Council is established according to Prime Minister Order No. 238 (11.12.2013), is chaired by the Minister of Social Welfare and Youth and is comprised of nine ministers, the Ombudsman and 2 civil society representatives and it is the central coordinating body on issues of children’s rights. The Council identified priorities in interventions related to strengthening child protection system, such as: the adoption of the Protocol for the Protection of Children; budgeting focused on children; and functional coordination structures.
Increase of capacities of staff
Increasing capacities of professionals involved in child protection and in delivering services to children has been a main focus during this period.
Around 250 professionals of different fields (child protection, social services, police, prosecution, employment offices, etc.) have been involved in capacity building activities in with the aim of strengthening a multidisciplinary response to children at risk. Training sessions for 107 specialists dealing with children in street situation were organized during this period, involving CPUs, police office and civil society organizations in Tirana, Durrësi, Elbasani, Fieri.
The course on "Children Protection Issues", which is implemented under a cooperation agreement between MSWY, the Ministry of Interior, the Faculty of Social Sciences and a group of organizations produced its first 30 graduates and has been officially approved by the University as an accredited course.
Strengthening the network of professionals dealing with child protection was the purpose of a two day meeting organized in September 2014, by the SACPR. The purpose of this meeting was the establishment and strengthening of cooperation between Child Protection Units (CPU) and Child Rights Units (CRU), deepening of knowledge on child protection system, sharing of best practices, positive and successful models in the field of child protection. At this meeting participated 70 participants: 12 CRU, CPU and representatives of organizations dealing with child protection.
People with disabilities
Housing of vulnerable and/or persons with disabilities
Housing legislation has changed in 2012, to the Law no. 9232, dated 13.05.2004 "On programs for social housing, for residents on urban areas", as amended, by determining the type of assistance and financing for housing, as follows:
Types of assistance for housing:
-
Funding for the construction of local government units of social housing for rent. The project 'Construction of social housing rent' F/P 1850 (2006), funded by the CEB Bank, co-financed by three sources, the bank CEB, Budget Units and Local Government Budget (local costs and VAT) according to the agreement signed on 22 August 2007, the value of EUR 15,000,000, we inform as follows: started in 2008 to build 1,138 apartments in 8 municipalities of the country.
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Bonus (subsidy) for rents in the free market. for rent on the open market covering up to 50% of a minimum lease, but this instrument has not found widespread use by all municipalities due to lack of funds by the municipalities;
-
Subsidy for social housing rents owned by municipalities, rents owned by municipalities benefited if the rent for the apartment occupies more than 25% of the net income of the family. The amount of subsidy is calculated from the difference between the target rent and the rent that is affordable by the family. Priority families that benefit from this subsidy are defined in law;
-
Subsidy for loans, families pay only 0 and 3% of the interest rate. The rest of the loan interest is subsidised from the state budget. The project has an extension in all municipalities of the country and from 2009 until April 2015 has addressed about 61% of applications for housing in the municipalities.
-
Immediate grants, small grants are addressed only for Roma and Egyptian community, for the purpose of improving the housing conditions and infrastructure (water supply, sanitation)
To benefit housing assistance, according to the law should be completed the income criteria. Under the existing legal framework, funding to subsidize rent in the free market is made only by local government bodies.
Measures taken during the period September 2014 – April 2015
MUD, as the institution responsible for designing, planning and monitoring of social housing policy, aims at revitalizing the policies based on this law, aiming accessibility of housing programs to the most vulnerable groups, in order to implement these policies by government units all local bodies charged by law no. 9232, dated 13.05.2004 " On programs for social housing, for residents on urban areas", as amended.
Precisely for this purpose, during the period August 2014-April 2015, MUD has been the initiator and has undertaken a number of commitments to improve housing legislative package through legislative measures, although the legal framework regulating this area is considered relatively complete.
This legislative package is completed during this reporting period by the bylaws as follows:
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The Council of Ministers (DCM) no. 526, dated 06.08.2014, "On the Categories of Persons with Disabilities, prioritized as beneficiaries of social housing";
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Decision no. 527, dated 06.08.2014, "On Approval of Procedures, criteria, and Priorities for immediate awarding grants to low-cost housing";
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Guidance of the Minister No. 7, dated 01.10.2014, "On the requirements to be met by the administrator or administrative company to be listed in the book of administrators, listing procedures, removal from the list, penalties, and supervision of the them ".
In order to minimize the negative social effects on families who live in informal facilities (illegal / not benefit from the process of legalization), which are affected by the implementation of development projects, with the proposal of MUD two DCM has been adopted, as mentioned below:
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Decision no.58, dated21.01.2015, "On the treatment of some families affected by the implementation of the project" Linking of the trans- Balkan highway road Fieri-Vlora" with social housing programs";
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Decision no. 230, dated 13.03.2015, "On the treatment with payment of rent for some families affected by the implementation of the" Big Ring of Tirana", segment" Paris Commune, Kavaja Street. '"
MUD, during this period is also engaged in the design and drafting of a series of other laws. In addition to monitoring the implementation of approved acts, MUD intends to follow the proposed draft laws until the completion of their approval process.
There are currently under discussion, to be sent later for approval, as follows:
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Draft DCM "On the criteria to be met by the managing entity to be registered in the local government unit";
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Draft DCM "On the privatization procedures of objects returned in housing funds to local bodies decisions";
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Draft National Housing Strategy.
Regarding the area of legislation on legalization process, urbanization and integration of informal areas
In the area of legalization, in May 2014 the Parliament approved the last changes of the Law 9482, dated 03.04.2006, "On the legalization, urbanization and integration of illegal construction" amended which improves:
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Categorization of buildings for residential use for auxiliary purposes, from those with economic and social purposes, distances to be respected by national roads and railway lines.
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Obligations for the payment services for legalization will be paid by the state.
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Include in the legalisation process the illegal buildings erected until the date of entry into force of the amendments of Law No 10023 of 27.11.2008 “On some amendments to Law No 7895 of 27.01.1995 “The Criminal Code of the Republic of Albania” as amended, which introduced Article 199/a to the Criminal Code stipulating as a crime the construction of informal buildings, disregarding their function and the moment the self-declaration is carried out.
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Determination and payment of the building block (restructuring of the way of payment) and facilities of immediate payment or instalment.
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Adjust the procedures of two processes, (i) transfer of ownership on the building plot of the illegal construction and (ii) approval of financial compensation to former owners affected by the legalisation process.
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Find an efficient and expeditious mechanism for legalisation of informal buildings that requires the transfer of ownership.
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Foresee a reduction in the financial burden of legalisation to builders of illegal constructions used for housing purposes, excluding them from the payment of fees for the legalisation procedures, such as certification of documents, issue of measurement and planning certificates. These services will be carried free of charge.
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Foresee the amendment of the Law No 9482 of 3.04.2006 to allow the registration of property used for housing purposes even if the builder has not paid or has paid partially for the building plot within the defined period.
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Foresee that 30% of the revenues from the legalisation process should be allocated to ALUIZNI, to cover its field activities cost (such as in-site verifications, updating, etc).
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Define clearly the categories of illegal buildings that will remain subject to the payment of legalisation fees and the use of revenues generated from penalties imposed on illegal builders.
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Provide a legal solution to technical problems related to the legalisation of floors added to existing buildings in order to include all the inhabitants of the building.
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Lay down that the illegal buildings erected in the areas destined for tourism, for which a feasibility study is carried out will be treated according to the legislation on illegal buildings.
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Define the categories of illegal constructions, which due to their location in an area considered of national importance or their impact on key public infrastructure, will be excluded from the legalisation process.
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Review the amount of fine imposed on builders/ investors that have erected lateral extensions in height, in order to encourage them to include these in the legalisation process.
2.4 Respect for and Protection of Minorities, Cultural Rights
(See also Chapter 23 — Judiciary and fundamental rights)
Minorities
Regarding the protection of minorities, in the Road map on 5 priorities of the European Commission, it is foreseen as objective “the improvement of the legislation and policies for the protection of minorities, following a broad consultation process and taking into account the recommendations of the Advisory Committee of the Framework Convention for the Protection of National Minorities of the Council of Europe”. In this framework is functioning a Working Group “For the evaluation of domestic legislation and policies on minorities” (since April 2014), with the representatives of central institutions (line ministries) and the representatives of independent institutions (e.g. the People Advocate, the Commissioner for the Protection against Discrimination, State Committee on Minorities etc).
During the period April-December 2014 consultation process with all relevant stakeholders took place. Following this process, are organised meetings with the minority associations and civil society, with the aim of a broad consultation process. Within the second quarter of 2015, will be presented the draft of the Working Group, with the conclusions and necessary proposals.
Roma
In order to develop the new National Action Plan for Integration of Roma and Egyptians in Albania, 2015-2020, the Government of Albania prepared an updated analysis during end of 2014 on the progress of implementation of the National Strategy for the Integration of the Roma in Albania and the National Action Plan for the Decade of Roma Inclusion, 2010-2015.
Roma and Egyptians face direct and indirect barriers in accessing public services, stemming from eligibility criteria they cannot comply with, lack of information or understanding of administrative procedures, as well as stigma and frequent discriminatory attitude from the majority population. Long-term exclusion has affected Roma’s and Egyptian’s living conditions, treatment by the majority population and relationship with government institutions. Studies show that the level of poverty among Roma is twice as high as the majority population, while their unemployment rate is three times higher than average11. 39 % of dwellings inhabited by Roma and 21 % of those inhabited by Egyptians do not have access to potable water12. Roma die on average at least ten years younger than non-Roma and have higher rates of infant mortality13. Roma and Egyptians on average complete 5-6 years of education, compared to the national average of 10 years14.
In order to address this situation, in September 2014, the Ministry of Social Welfare and Youth, in co-operation with other line ministries, local government, representatives of Roma and Egyptians and other civil society organizations, initiated the development of the National Action Plan for Integration of Roma and Egyptians, covering the period of 2015-2020. The Action Plan will be implemented within the framework of the Policy Document on Social Inclusion. On a higher level, the Action Plan falls under the National Strategy for Development and Integration which is in the process of revision.
Through this Action Plan the government has launched six priority sectors, namely: civil registration, education and promoting inter-cultural dialogue, employment and vocational education and training (VET), healthcare, housing and urban integration, and social protection.
The methodology for Action Plan development consisted of:
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The preparatory phase started with introductory meetings aiming to present the Action Plan development process to key stakeholders and seek their inputs. At the same time, an analysis of relevant strategies, policy documents and reports was also undertaken in order to collect information about the results of past activities, draw on good practice examples and lessons learned, and ensure that the Action Plan is well situated within the government’s overall development agenda.
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Sectoral workshops with the ministries and civil society representatives, including members of Roma and Egyptian associations and international organizations.
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Focus groups with representatives of Roma and Egyptians, local governments, international organizations and gender equality specialists.
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Follow up individual meetings with the line ministries (with special focus on collecting baseline data and budgeting the Action Plan measures).
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Field visits to the municipality of Berat and the Transitory Centre in Tirana.
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Public presentations of the draft Action Plan document, discussion and finalization.
Concurrently, the Ministry of Urban Development is developing a Strategy for Social Housing which is expected to address housing issues of Roma and Egyptian communities.
Implementation of the Action Plan is monitored by the Inter-ministerial Committee consisting of Deputy Ministers covering the relevant sectors15. In the upcoming period, the role and functions of this committee might be expanded to also include other social inclusion issues.
At the working level, responsibility for monitoring the Action Plan implementation lies with the focal points for Roma and Egyptians in line ministries who collect data and identify information gaps that need to be filled. The Ministry of Social Welfare and Youth has a coordinating role and its Social Inclusion Department monitors the Action Plan implementation across different sectors and produces progress reports. In the 2015-2020 period, it is necessary to strengthen the capacities of this department so that it could adequately coordinate policy development and implementation not only for the integration of Roma and Egyptians but also for promoting social inclusion at a higher level.
An online system for the Action Plan monitoring and progress reporting, known as RomALB, is being updated with new monitoring information from the Action Plan and continue to raise capacities for its use.
According to the Ministry of Interior, in cooperation with civil society organizations during the reporting period, 148 Roma and Egyptian children got registered and there were identified about 500 cases of Roma individuals who need assistance for different types of civil registration, out of whom 267 Roma and Egyptian children lack birth registration.
Roma and Egyptian children have lower school enrolment, literacy and completion rates than the national average. Some 40.3 per cent of Roma and 12.7 per cent of Egyptians are illiterate, while the national average is only 1.6 per cent (see Table 1 below for more detail).
Table 1: Level of education of Roma and Egyptians as compared to the majority population16
Category
|
Roma
population
(8 years and above)
|
Egyptian
population
(8 years and above)
|
Population
of Albania
|
Illiterate (people who cannot read or write because they have never been to school), per cent
|
40.3
|
12.7
|
2.8
|
Completed middle school, per cent
|
16.1
|
41.5
|
40.9
|
High school education, per cent
|
2.1
|
6.4
|
28.4
|
University education, per cent
|
0.3
|
0.9
|
10.7
|
Average years of
education (males)
|
5.6
|
6.8
|
10
|
Average years of
education (females)
|
5.3
|
6.9
|
10
|
Source: 2011 Roma and Egyptian Social Economic Survey; **INSTAT, Population of Albania, 2011
According to the Ministry of Education and Sports (MES), 42 % of Roma children 3-6 years old attend pre-school education17. Statistics on Egyptian children are not available. In 2014 about 4,000 Roma and Egyptian children attended preschool education. In the 2014-2015 school year, 4437 Roma pupils are attending compulsory education, of whom 1,954 are girls.
MES has estimated that during this academic year, 780 Roma and Egyptian (230 Roma and Egyptian 550) attended vocational education and general secondary schools.
In 2014-2015, 38 Roma and Egyptian Bachelor university students benefited from scholarships (with no registration fee).In 2014-2015, 26 Roma and Egyptian Bachelor students benefited from the quota, with the exception of the registration fee and 9 for Master studies.20 quotas are offered to Roma and Egyptian students benefiting 50% of the registration fee while following their master studies.
The number of unemployed Roma registered with the National Employment Service offices countrywide is 9,273 (out of 141,286 registered unemployed in total)18, but it is estimated that this number is actually higher.
Annually, some 220 Roma are employed through the employment promotion programmes in Albania19 (data about Egyptian beneficiaries is not available).
In 2014, the government tripled the Employment Fund which covers the employment promotion programmes to USD 2.7 million, so outreach to Roma and Egyptian communities will be essential to ensure that they benefit from the available active labour market programmes.
Small grants program provided by Ministry of Urban Development to improve the living conditions of the Roma community originally implemented in 2008 was re-applied in 2013. From its implementation in 2014, 22 Roma families benefited reconstruction of their houses in Lushnja municipality and 36 flats owned by Roma and Egyptians in Lezha were reconstructed.
Based on the Operational Conclusions of the EU-Albania seminar on Roma Inclusion and the National Action Plan for Roma and Egyptian Integration, 2015-2020, the government of Albania will review the existing legislation and amend it in order to ensure the respect for rule of law (including alternative housing and social aid) in cases of eviction of Roma and Egyptians in line with the international guidelines on forced evictions.
During the reporting period, the Tufina emergency shelter hosting Roma evicted families has been reconstructed and its living conditions, facilities and services delivered are improved.
The Ministry of Social Welfare and Youth has followed closely the latest developments concerning a group of Roma families living in Selita, Tirana, which risk to be evicted due to the constructions of the big ring road of the city. The Prime-minister’s office issued a DCM on this particular case based on which every Roma family affected will be supported with two years paid rent by the state. Other measures to prevent and deal with eviction are foreseen in the Social Housing Strategy which is under development.
Currently only Roma and Egyptians who are registered as unemployed, disabled, pregnant or minors can access free healthcare. Those working informally to survive are unable to attend employment programmes offered by the National Employment Service, so they are not registered or deleted from the registry of unemployed workers, thus quickly losing access to health insurance. As a consequence, many Roma and Egyptians do not go through the process of registering as unemployed and cannot access free healthcare services. The Action Plan for Integration of Roma and Egyptians, 2015-2020 envisions stronger outreach activities and assistance for Roma and Egyptians who fall into categories eligible for free healthcare (disabled, pregnant, under 18, registered unemployed) but do not yet have their health card.
The Action Plan also envisions the establishment of mobile units of health personnel and the introduction of health mediators (coming from the Roma and Egyptian communities) in order to facilitate outreach and provide healthcare services to the most vulnerable communities. Currently nurses visit new-born babies and doctors visit immobile patients but services to Roma, Egyptians and other inhabitants of isolated areas need to be expanded.
During the reporting period, the MSWY in cooperation with UNDP’s SSIREC project trained 60 local government officials in Korça, Berati and Vlora regions on participatory planning and budgeting and they were assisted to develop 4 inter-locals Roma and Egyptian Community Development Plans with active participation of Roma and Egyptian Community members and young professionals.
More than 3,000 Roma and Egyptian households have benefited from public information campaigns related to available public and social services. A comprehensive training and coaching package related to NGO management, fund-raising, financial reporting, human resources management as well as human rights, advocacy and lobbying has been offered to Roma and Egyptian Associations preceded by capacity and training needs assessment. In addition, Roma and Egyptian NGOs were provided with small-grants for implementing 18 local community development initiatives. A manual “100 innovative ideas for self-employment” accompanied with practical guidelines on preparation of business plans was developed and widely disseminated to local Roma and Egyptian youth and other potential beneficiaries in the three regions. The manual was widely embraced and triggered new income-generation ideas and activities amongst Roma and Egyptians. This led to transforming the employment profile of Roma and Egyptian individuals from passive service beneficiaries to active participants. An intensive public awareness and advocacy campaign has been implemented featuring the Goodwill Ambassadors for Cultural Diversity and Roma and Egyptian role models. Also, a training manual for reporters on minority issues with a focus on Roma and Egyptian Communities was produced and widely disseminated among young reporters. Reporters enhanced their skills on fair and ethical reporting on cultural diversity and social inclusion. To advance social inclusion and respect for cultural diversity, several documentaries have been produced such as “Equal in Diversity”, and “When Dreams Become Reality”.
The national policy background that considers the situation and needs of Roma women is made of the National Strategy for Gender Equality and Reduction of Gender Based and Domestic Violence, 2011-2015, the National Action Plan on Integration of Roma and Egyptians, 2015-2020, National Education Strategy, Strategy on Public Health Policy and Health Promotion, and the National Strategy for Employment and Skills 2014-2020.
The National Strategy for Gender Equality and Reduction of Gender Based and Domestic Violence is highly relevant for the integration of Roma and Egyptian communities as it outlined measures for promoting “equal participation of women and girls, and men and boys in the social, economic, and political life of the country, as well as equal opportunities for them to enjoy all their rights and to place their individual potential at the service of the society”20. It also defined a framework for protection of victims of domestic violence. Inter alia¸ the Strategy recognized the position of Roma and Egyptian women who are unemployed and seek new opportunities, possibly in the form of social enterprise or vocational education programs.
While the National Strategy for Employment and Skills 2014-2020 enables the government to foster decent job opportunities, offer quality vocational education and training, promote social inclusion and territorial cohesion, and strengthen the governance of labour market and qualification systems21.
Support to unemployed women is one of the most important employment promotion programmes. Under this programme, employers providing employment to marginalized female job seekers for at least one year receive 100 per cent of the minimum wage for four months and 70 per cent of their part of social insurance contributions. In the case of two-year contracts, employers received the minimum wage for six months and 85 per cent of their part of social insurance contributions. Similarly, in the case of three-year contracts, employers received the minimum wage for four months and 100 per cent of their part of social insurance contributions.
Based on official statistics of the National Employment Service, in 2014 there were 9,469 Roma persons registered as unemployed job-seekers, of which 4,773 are women. Annually, some 220 Roma are employed through the employment promotion programmes22.
In 2014, the government tripled the Employment Fund which covers the employment promotion programmes to USD 2.7 million, so outreach to Roma and Egyptian communities will be essential to ensure that they benefit from the available active labour market programmes.
As related to health care and reproductive rights, during October-November 2014 the government continued to work for changes in the health care package of health care services which was adopted by DCM no. 101, dated 04.02.2015. The new package contains instructions and recommendations for prenatal care right after birth for women, newborn baby, for baby and child care.
Ministry of Health in 2014 completed the national program: For decreasing malnutrition of Albanian children" (implementation period 2011-2013) primarily focused in those regions where people are facing more socio-economic difficulties and to access quality care services for mothers and children.
3. Property Rights
First Registration
During the reporting period, initial registration of immovable properties has been completed for 43,000 properties in 23 cadastral zones, thus the total number of registered immovable properties is 3,298,000, in 2,648 cadastral zones from the total of 3,058 cadastral zones. During year 2015, it has been planned the completion of the initial registration for some 140,000 properties in 33 cadastral zones.
During the reporting period, the digital system of registration of Immovable properties, ALBSReP is installed and made functional in 11 LIPROs thus completing the functioning of this system in 35 Local Registration Offices. The registration of applications and any transaction related to these applications is done electronically by these local offices. During the reporting period, 36 cadastral zones are added to ALBSReP system which has completed the process of initial registration, resulting in a total of 85 cadastral zones with 373,000 immovable properties imported and functional in the ALBSReP system. All the data of these properties in these cadastral zones are maintained and updated digitally in this system.
Through this system it is made possible interface through the web service with some institutions including ALUIZNI, PRCA, State Police, and Municipality of Tirana thus shortening the period of exchange of information.
Together with the World Bank it has started the work for a new project, Land Integrated Management Project, which shall aim at the necessary funding and technical assistance for the process of updating and improvement of all the digital data of immovable properties which aim is to load them to the ALBSReP system.
It has been completed the installation and making operational of the Albanian Satellite Positioning System ALBPOS. Through this system we have a permanent network for the Global Satellite Navigation System which covers the entire territory. This system will be a powerful support for the process of initial registration and improvement of the spatial data of immovable properties. The system may be used even by other public and private properties, as the Property Restitution and Compensation Agency and ALUIZNI to define accurately the borders of land plots which are objects of the applications made before these institutions.
Restitution and compensation
Based on the conclusions of the Progress Report 2014, on fulfilment of EU recommendations regarding the human rights and property rights, included in Priority No.5 of European Integration Plan, and pursuant to the tasks assigned by Pilot Judgement of EHRC “Manushaqe Puto and others against Albania”, The Albanian Government approved the Action Plan for the beginning of the legal and institutional reform of PRCA and for the creation of efficient compensation mechanism, steps which would lead to the final solution of the issue of property recognition, restitution and compensation in Albania. During the last year, PRCA has continued and is about to complete the process of transparency of the decision making process on property rights for these last 20 years. Specifically, among the steps taken during this period for the implementation of the tasks assigned by the Government can be mentioned:
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