Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
Employment and European Social Fund
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- 19.5 Social exclusion 19.5.1 Roma
- 19.5.2 People with Disabilities
- 19.6 Social security 19.6.1 Social Protection
- 19.7 Antidiscrimination and equal opportunities 19.7.1 Equal treatment of foreign workers employed
- 19.7.2 Equal opportunities
- 19.7.3 Anti-discrimination
- CHAPTER 20: ENTERPRISE AND INDUSTRIAL POLICY
19.4 Employment and European Social Fund For information on employment and the European Social Fund please consult the chapter on Economic Criteria: Employment Policy. 19.4.1 Employment policies of youth The Ministry of Social Welfare and Youth in April 2015, has prepared the draft DCM for the “National Action Plan for Youth “2015-2020”. During 2014, the MoSWaY organised a series of consulting meetings in the 12 regions of Albania, with the aim to include interest groups (students and representatives of civil society) in the consultation process of drafting the National Action Plan for Youth. This national plan will include the objectives of the Albanian government regarding youth and the concrete measure, which will be undertaken by the Ministries responsible for youth. The goal of the National Action Plan is to create more opportunities in education, employment, culture, health and full participation of young people in society and decision-making. Economic and social aspects The Ministry of Social Welfare and Youth with the aim to improve communication in the sector of youth as well as better exchange of information from and for youth created the web site Rini.al. This portal serves as an online communication space for youth organizations and young people. Part of the website content is generated by youth organizations or individuals who can post information about their work and activities in order not only to promote themselves but also to foster good communication and sharing know how between each other. The website also generates content on scholarship opportunities for young people, trainings and work-shops for individuals and youth organizations as well as cultural and social events happening in the region Ministry of Social Welfare and Youth, organized the youth week at Student City. The youth week started from 23rd of March till 27th of March 2015. Youth Week started with youth associations fair and continued with different activities to inform young people about the policies of the Ministry of Social Welfare and the Ministry of Education. The purpose of this initiative was awareness of the youth to be present in public life, to actively participate in activities that youth, informing students for study and training opportunities in EU countries; opportunities that are offered to youth for applications in EU funds allocated for youth; informing students on how to apply for a job; their commitment to socio – cultural events. For five days, a series of information activities were conducted in the Illyria Hall, including cultural activities in the various places of Student City. Last day was finalized with the concert with DJs from different regions of Albania Increase of capacities of staff Ministry of Social Welfare and Youth, in February 2015, in cooperation with the Association beyond Barriers organized Info Session for Program Erasmus + (Youth Component). This event was organized to inform organizations about the recent changes in the program, the main actions that participates Albania, the introduction of new forms of application, method of application, objectives, scope and accrediting associations EVs and additional materials to be to join the project. 19.5 Social exclusion 19.5.1 Roma Status of legal harmonization Due to its efforts to prepare 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. In order to improve the Roma situation, in September 2014, the MoSWaY, 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 (NAPIRE) 2015-2020. The Action Plan will be implemented within the framework of the Policy Document on Social Inclusion. Further information on the NAPIRE 2015 – 2020 can be found in Annex III.19.4. Institutional framework The Albanian government periodically reports to ECRI and CERD. The Inter-ministerial Committee consisting of Deputy Ministers covering the relevant sectors monitors implementation of the Action Plan61. 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 periods, 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. The Social Inclusion Department will require sectoral experts and should employ Roma and Egyptians. An online system for the Action Plan is monitoring and progress reporting, known as Rom ALB, is being updated with new monitoring information from the Action Plan and continues to raise capacities for its use. Economic and social aspects According to the Ministry of Interior, in cooperation with civil society organizations during the reporting period, 148 Roma and Egyptian children got registered. Furthermore, around 500 cases of Roma individuals who need assistance for different types of civil registration were identified, 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. More information can be found in Annex III.19.5. Relevant data concerning the Roma, from the Ministry of Education and Sports (MES), the MoSWaY and the National Employment Service can be found in Annex III.19.6. 19.5.2 People with Disabilities Status of legal harmonization In order to address the NPEI 2014 – 2020, on the rights of Persons with Disabilities, legislative initiatives and activities are becoming effective. The Decision of Council of Ministers No. 48, date 21.01.2015 "On approval of rules for the functioning of the National Council on Disability" was adopted pursuant to Law Nr. 93/2014 "For inclusion and accessibility for Persons with Disabilities". This decision presets the modalities for the organization and coordination of the National Council on Issues of Disability. The phase of submission of applications from civil society for candidates to be selected in the National Council for Issues of Disability was conducted in accordance with the DCM modalities. The Technical Secretariat for the Council will be established at the MoSWaY. This council will have broad participation from ministries and civil society consultation facilitating complex problems in an inter-ministerial level by promoting the implementation of legislation for the evaluation, providing personal assistance and data on disability. On the rights of Persons with Disabilities, drafting and implementation of legislation disability is continuing. Legislation focus is in the evaluation of disability and data collection. The National Council on Disability regulations were approved with DCM No. 48, date 21.01.2015, "On approval of rules for the functioning of the National Council on Disability" was adopted pursuant to Law No. 93/2014 "On the inclusion and accessibility for Persons with Disabilities". On DCM No. 837, date 03.12.2014 “On the Recognition of Sign Language in the Republic of Albania” the MoSWaY has prepared the background for initiation of implementation. The MoSWaY has also coordinated capacity building such as Training for Trainers on the “Implementation of the Convention on the Rights of Persons with Disabilities (CRPD) and trainings with the local authorities in districts to strengthen the capacity of local structures aimed at integration of disability issues in programs and plans of local government, training professionals also on rules and standards of accessibility in construction. Institutional framework In the programs for vocational training during 2014 were sent to the Centres for Vocational Training about 350 unemployed Persons with Disabilities who benefited from the services. From them 250 were certified and the rest continue vocational training. Considering the implementation of sign language three meetings took place for preparation of the background for implementation of the DCM 837, dated 03.12.2014 “On the Recognition of Sign Language in the Republic of Albania”. Economic and social aspects Regarding education, the Ministry of Education and Sports adopted Instruction No. 38 dated 10.08.2014, each child with disabilities in kindergartens and public schools is provided an assistant teacher in addition to the class or subject teachers. Children with disabilities who are treated in special schools have teachers and communication assistance in Brail alphabet in sign language. We are working on the implementation of legislation regarding the adaptability construction. There is currently legislation being drafted in the field of transport and urban development that is being prepared taking into account international standards for accessibility. In the MoSWaY, about eight centres for social care administered by the SSS have improved level of adaptability and accessibility. On building awareness about the rights of disabled people, and on the occasion of the International Day of Persons with Disabilities, representatives from civil society, the MoSWaY participated in a sporting event for social inclusion through sport. Increase of capacities of staff Training for trainers on the “Implementation of the Convention on the Rights of Persons with Disabilities (CRPD) to realize the inclusion of persons with disabilities as equal Albanian citizens" was developed in October. The training focused on legislation and social policies and capacity building in the field of disability and the Convention on the Rights of Persons with Disabilities. In December, MoSWaY coordinated training with the local authorities in some districts to strengthen the capacity of local structures aimed at integration of disability issues in programs and plans of local government, training professionals also on rules and standards of accessibility in construction 19.5.3 Children Institutional framework On February 25, 2015 Joint Instruction No. 10 of 4 Ministers was adopted identifying procedures to protect children at risk (Protocol for Child Protection). This document clearly defines the roles and unifies the procedures for the identification, referral and case management of children at risk for all institutions, organizations and public or private institutions that deal with children and are responsible for their protection. It involves the social sectors, as well as the health education and order and the local authorities. The State Agency for the Protection of Children’s Rights (SAPCR) and an inter-institutional working group, in consultation with civil society, have drafted this Instruction. Ministry of Health and Education, have appointed, through internal orders, responsible persons for child protection in their regional and local authorities, which have an obligation to work according to the Child protection protocol, alongside the CPUs. Economic and social aspects In the framework of monitoring the implementation of children's rights in the country:
Further information on the efforts of the SAPCR to address children rights can be found in Annex III.19.7. On October 3, 2014, the meeting of 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 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 Durres, Elbasan, and Fier. The course on "Children Protection Issues", which is implemented under a cooperation agreement between the MoSWaY, Ministry of Interior, 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. 19.6 Social security 19.6.1 Social Protection Status of legal harmonization During the reporting period there have been drafted and adopted some legal and sublegal acts in the social protection field, refer to Annex III.19.8. Institutional framework The Ministry of Social Welfare and Youth is drafting the National Social Protection Strategy 2015-2020. This Strategy will cover issues concerning (i) social assistance payments (economic aid and disability benefit); (ii) social care services (both existing and potential); and (iii) any related issues. Economic and social aspects In the field of Social Protection Albanian Government has undertaken three major reforms: (i) the reform of social assistance which is being piloted in three regions of the country and (ii) reform of the system of disability evaluation, both within the project of the World Bank "Modernization of Social Assistance in Albania", (iii) as well as the reform of social services. With the adoption of the legal framework and completion of digitizing social assistance scheme, a National Electronic Registry is being set up. The new scheme of economic assistance is being piloted in three pilot regions Tirana, Durres, Elbasan, which have about 40% of the population, Since June 2014. This scheme has enabled the implementation of an efficient, transparent process using a scoring formula, which aims to better target poor families and increase the efficiency and equity of the scheme. To have a communicable and more transparent reform, a communication campaign “Albania solidarity" is realized, meetings with citizens are conducted, brochures distributed, leaflets, posters. In the second semester of 2014 the process of reforming the system of disability evaluation in Albania has started. Work is underway to design parallel Electronic Registry of disability and the new evaluation model based on the reflection of international contemporary practice of converting medical assessment in the evaluation bio-psycho-social, reflecting a new concept of disability. Experts’ support working groups and medical evaluation criteria are being reviewed. The MoSWaY currently is working on drafting a document on disability, which analyzes the current system of evaluation and disability benefits as well as describes the anticipated changes, explaining the essence in the context of international experience as well as desired outcomes. This process will continue further on with the review / drafting the new legal framework, establishing a digitalized system and establishing the relevant structures of evaluation. In social protection program persons with disabilities are the group with the largest share in terms of increasing their numbers and funds. Disability payments are indexed annually according to the consumer price index (inflation), which also is indexed in 2014 to 1.5% according to this indicator by INSTAT. In the context of the reform of social services and in cooperation with UNICEF, the work is being done to design decentralized social services and integrated services, analysis of the situation is conducted in residential child care institutions and is concluded with a concrete action plan with measures that the Government should undertake to achieve this objective, in order that in 2020 no more children placed in institutions. Efforts to further consolidate the process of de-institutionalization, supported by measures implemented by concrete implementation of the project "Innovative social services for vulnerable groups: standards for decentralization", are being made. The project is being implemented for Development Centre for persons with disabilities in Tirana; Children's Centre in Shkodra and the home of Elders in Shkodra, where is intervened in infrastructure, building daily services, foster care services, child and family support is offered, voluntary services are designed and delivered and home assistance for the elderly. The process of drafting the Social Protection Strategy 2015-2020, is in progress. The first draft of which was consulted with civil society. Increase of capacities of staff Continuous training of employees with the new techniques and their recognition of the successful models is key to sustainable success. Fourteen trainings benefiting 170 people, Social Care Institutions staffs, Regional Directorates staffs (social workers, psychologists, caregivers, and educators) were organized. Local government employees participated in some of the trainings, since the provision of integrated social services is comprehensive. Topics of the training were consistent with the needs of both staff performance and related to State Social Service objectives such as: "Deinstitutionalization - and integrated services in the community"; "Child protection", "Work in multidisciplinary groups", "Protection from sexual abuse"; Respect the rights of people with disabilities, prevention of child abandonment, "Human trafficking and its prevention; "Domestic violence and its prevention", "Case Management"; Standards of social services"; Encouraging self-assessment to institutionalized children "; Training of staff is required to be reflected in their work plans and the results for family empowerment and child protection. 19.6.2 Social security Status of legal harmonization
Institutional framework The MoSWaY is responsible for legislative initiative to drafting the social insurance legislation and after the opinion and confirmation of the other central institutions, proposes acts in the Council of Ministers. The responsible national institution for implementing the social insurance legislation is Social Insurance Institute. Economic and social aspects Reform on pension enhances the contributory principle of the current system and eliminates the high degree of redistribution that characterizes it, giving more incentives for individuals to be part of the social insurance system as well as to contribute more by declaring the real wage. The removal of the maximum pension ceiling and the strengthening of the earnings-related component of the scheme make the scheme more attractive to individuals giving them important incentives to be part of the scheme and to contribute on full wage, which would bring an immediate increase in revenues. The abovementioned efforts were realized through a series of activities that can be found in Annex III.19.9. Increase of capacities of staff The training of staff in ministry is necessary, regarding to drafting the social insurance legislation. On the other hand constantly SII organizes training for the qualification of staff for implementing specific legal acts. 19.6.3 Health insurance Status of legal harmonization During the reporting period there have been drafted and adopted some legal and sublegal acts in the social protection field, refer to Annex III.19.10. There is no harmonization with the acquis. Compulsory Health Insurance Fund is responsible for legislative initiative to drafting the social insurance health legislation.
Economic and social aspects Changes made to the Law No. 141/2014, date 23.10.2014, "On some amendments to Law no. 10383, date 24.02.2011, ‘On compulsory health insurance scheme in the Republic of Albania’, as amended", were mostly intended at the expansion of social protection by including even the category of the trafficked victims into the compulsory insurance and that the Compulsory Health Insurance Fund finance health service packages provided by health service providers (hospitals) abroad. In this way, the government targets to enhance the health services quality delivered to the population shall be executed. The target of the decision Council of Ministers Decision No. 737, date 05.11.2014, "On the financing of public health services of primary health care from mandatory health care insurance scheme", is to establish some new rules for the organization, operation and financing of the Health Centres. Adopted DCM aims to simplify the way of health centres operation by clearly separating government from funding. Accountability is improved and clarified in this way. The decision specifies new ways of how the Compulsory Health Insurance Fund provides financing and it sets out that the primary health care services are defined by the ministry responsible for health, the objective of which is the addition of new elements in the basic package of health services, for which the health centres are contracted. The adopted decision no. 932, date 29.12.2014, "On the financing of hospital health services from compulsory health care insurance scheme for 2015", aims at hospital care funding for 2015 and intends to meet the needs of hospital services with the respective budget, funding of hospital health service packages at public and private health institutions, the prices of which are approved by the Council of Ministers Decision, health care at non-public institutions at home and abroad, according to case-by-case approval by the Council of Ministers Decision, as well as involvement in the financing of all packages of services covered by health insurance scheme as provided for in the law. The adopted DCM No. 955, date 29.12.2014, "On the determination of those insured persons categories that are exempted from health services direct payments", specifies briefly those categories, which receive benefits from health insurance scheme on free of charge basis. The group of children from 0 to 18 years old, the disabled, veterans, orphans and those who enjoy the status of ex-convicts and persecuted are included at the categories which are specifically patronized. The act provides for exemption from co-payments of reimbursable drugs some categories such as pensioners, detainees and prisoners, asylum seekers and victims of trafficking, which were recently added to the scheme. The DCM No. 101, date 04.02.2015, "On approval of health services package at public primary health care, which is financed by Compulsory Health Insurance Fund”, comes in the framework of the implementation of the respective basic law which refers to the health services packages approved by the Government. Previous packages approved by order of the Minister of Health, in 2009, presented the need for changes or additions that reflect the growth of health services in primary care and their quality. Important chapters are those related to childcare, women and reproductive health. In this context, the legal and regulatory basis affecting mainly the primary health care institutions is updated. Compulsory Health Insurance Fund has started on 31 December 2014 the process of distributing the Health Card. The health cards are already distributed into 43 counters, out of which 10 (ten) are located in Tirana. About 60 thousand-health cards, which are gradually replacing the health booklets, are distributed so far. The process of the Health Cards distribution is spread throughout the Republic of Albania. Increase of capacities of staff Continuous training of employees with the new techniques and their recognition of the successful models is key to sustainable success. Twelve trainings were organized by ASPA and during this period September 2014 – April 2015, benefited 42 people, from Compulsory Health Insurance Fund. 19.7 Antidiscrimination and equal opportunities 19.7.1 Equal treatment of foreign workers employed Status of legal harmonization In support of Law No. 108/2013, date 28.03.2013 “On foreigners”, 18 related DCMs were approved in 2014. Institutional framework The MoSWaY working to form the Technical Working Group for drafting the guideline "On the establishment and functioning of the National Electronic Registry For foreigners". This group will prepare Guidance on the establishment and functioning of the National Electronic Registry for foreigners, which would ensure the processing of personal data of foreigners, and will determine the modules of which will consist of the Register in accordance with the provisions of Law No 108/2013 "On foreigners". The MoSWaY worked on the definitions of the categories of natural persons and the conditions with which to enter and stay in the state parties required in connection with Annex I of Protocol 4 commercial services. Economic and social aspects The evaluation and implementation of legislation on foreigners, and the preparation of the periodic information to foreign nationals who come to work in the Republic of Albania continued. From the total work permits – 2054 issued in 2014, 162 or 8% of them are given to female foreign citizens. If we consider the development of economic activity, preferred sector has been construction with 638 work permits, or about 31% of the total. Turkish nationals constitute the largest number of work permits for 2014, with 1068 work permits, or 52% of the total. In reference of documents in the possession, shows that during the period January-December 2014 were given a total of 194 foreign nationals with Work Registration Certificate. The average age of citizens is 37.25 years. From a total of 194 people, 125 of them or 64% of the total are living in Tirana. The data noted that Turkish nationals prevail with 42 people or 21.6% of the total, Tirana continues to be the city with the largest concentration of this category, with 125 citizens, whereas in terms of occupation, 117 people are religious missionaries. Increase of capacities of staff Participation in the training organized by the School of Public Administration in connection with the CEFTA Agreement, conducted on October 23, 2014. 19.7.2 Equal opportunities Status of legal harmonization During the second half of 2014, a group of experts reviewed the legislation from the perspective of gender equality. The ratification of the Istanbul Convention and its entry into force on 1 August 2014, as well as the recommendations provided by the CEDAW Committee, was the basis for carrying out an analysis of the Albanian legislation, supported by UNDP. In late December analysis entitled "Some suggestions regarding the updating of legislation with the standards of the Istanbul Convention and CEDAW" was introduced at a technical roundtable discussion with women members of the Alliance of Women Member of Parliament (MB). 4th Report of the Convention on the Elimination of all Forms of Discrimination against Women, CEDAW, was draft through a joint effort between the MoSWaY and the MFA, which played a key role in drafting this report covering the period 2010-2014. The report was approved with the DCM No. 806, dated 26.11 2014, and is submitted to the Secretariat of the Committee on the Elimination of Discrimination against Women and has already been published on the official website of the committee. By the official communication the Constructive Dialog will be during session of July 2016. Albanian legislation: Law No. 9970, date 24.07.2008, “For Gender Equality in society” and Article No. 67 of Electoral Code provides 30% quota for the under representative gender. With recent changes to the Electoral Code, proposed by the Alliance of Women Caucus provides: "For elections to local government bodies, for each municipality council, one in every two consecutive names in the ranking must belong to the same gender" Institutional framework The National Council on Gender Equality (NCGE) has been in place since 2009. Following its restructuring in the wake of the 2013 parliamentary elections, it has nine deputy ministers, three representatives from civil society and is chaired by the Minister of MoSWaY. In its meetings the NCGE has addressed various Genders equality related issues, adopted of by-laws and annual monitoring reports, and issued recommendations to central and local bodies. Second Meeting of Gender Equality Council organized at 24 December 2014 in the opening of the national campaign for the 16 days of activisms against women violence. Economic and social aspects Services for victims of domestic violence:
Awareness campaign to reduce gender-based violence and domestic violence.
Increase of capacities of staff Increasing of collaboration and capacities of gender employees in central level (there are 19 gender employees in total: 16 in line ministries, 1 at Prime Minister office, 1 at General Directorate Police, 1 at Department of Public Administration. These employees are trained during this period of time with gender equality and gender budgeting issues. Intensifying efforts and concrete support for the application of gender budgeting in the Medium Term Budget Planning; (In total there have been trained 25 specialists from Department of Budget Planning and gender employees in line ministries It has been worked with the budget programs of 8 Ministries. There are currently reviewed 7 programs). 19.7.3 Anti-discrimination Status of legal harmonization Action Plan for LGBT persons will be included in the Policy Document for Social Inclusion 2015-2020 with support of Council of Europe. The cooperation between the authorities and the LGBT community has intensified. The protection from discrimination for LGBT persons is realized in collaboration with NGOs that work in this field, Council of Europe, state institutions and independent institutions such as Commissioner for Protection from Discrimination and People Advocate. In the framework of the International Day against Homophobia and Transphobia on May 17, activities were held by NGOs, with the participation of representatives from state institutions and international organizations. The signature of the Joint Declaration in May 2014 IDAHO. From January 2015 started a series of trainings to local administration of several municipalities with the theme "Improving the performance of Public Administration Officials working with LGBT rights". Also completed two-day training to employees of 12 regional offices of Social Service. Recently, was established the Shelter for LGBTI persons. This shelter is the first residential centre in Albania that helps the LGBTI community for emergencies in terms of housing. This is a joint project of the organization: "Alliance against LGBT Discrimination" and "ProLGBT". With the Law No. 23/2012, "On some additions and amendments to Law No. 7895, dated 27.01.1995 "Code of the Republic of Albania", as amended, the Albanian Parliament has made changes to the Criminal Code, but did not address article 113. In March of 2015, the Supreme Court has submitted an application to the Constitutional Court with the subject: "Abrogation of Article 113 of the Criminal Code, article which is contrary to the Constitution". Upon the request of the Constitutional Court, the CPD has submitted its opinion on the case, supporting the request of the Supreme Court for the abrogation of Article 113 of the Criminal Code. Institutional framework At present, it has been set up the Shelter LGBTI. “Shelter is the first residential centre in Albania that helps the LGBTI community in emergencies in terms of housing. Increase of capacities of staff PINK Embassy/LGBT Pro Albania in cooperation with the Ministry of Social Welfare and Youth, held on 14 April 2015 training "LGBTI rights and providing friendly service". This training organized with representatives of state institutions that offer services in the framework of initiatives "Improving the performance of public administration officials working with LGBT rights” In the period from 2 September 2014 until 14 April 2015, the CPD has handled a total of 174 cases (167 complaints and 7 ex-officio cases). From 167 complaints handled, 164 complaints were submitted from individuals and 3 complaints from organizations with a legitimate interest. We estimate that individual complaints are expression of community increased awareness on the Law "On Protection from Discrimination" and the remedies provided by it. The Commissioner for the Protection from Discrimination has finished the administrative proceeding and come out with 109 decisions, from which 22 discrimination decisions. In two other cases the CPD has made recommendations to remedy the situation. From 22 discrimination decisions, 13 decisions have been implemented form the subjects, found in violation of the law "On protection from discrimination" and 1 decision is within the within the legal deadline for the implementation of the decision. During 2014, it is noted a significant increase of participation of the Office of the Commissioner for Protection from Discrimination in judicial processes. In the reporting period 2 September 2014 - 14 April 2015, the CPD has participated in17 judicial processes, from which: in 7 cases the CPD was the respondent party for the objection of the administrative act "decision of discrimination" or "decision to fine" issued by the CPD, in 10 cases the CPD was the third/interested party in a process (cases by object to indemnification for discrimination from victims of discrimination, where the CPD has provided a written opinion on cases of discrimination for the court). The Commissioner for Protection from Discrimination drafted, published and distributed a series of awareness and informative materials, including:
On 20.11.2014, the CPD held the Seminar “Legal aspects of implementing the Law on Protection from Discrimination” aiming at identifying the problematic of implementation of the law on protection from discrimination. Representatives of state institutions, international organisations, NGO-s protecting the rights of minorities, NGO-s protecting the rights of women and children and NGO-s protecting the rights of Persons with Disabilities participated in the seminar and were distributed in five roundtables. This Seminar aimed to draw the attention of institutions, civil society, media and stakeholders on the necessity to improve the Law "On Protection from Discrimination", in order to increase the efficiency of its implementation and the access of victims of discriminatory behaviour in institutions, which provide legal assistance to them. Within the series of trainings on the Law "On Protection from Discrimination", organized in cooperation with the Albanian Human Rights Group and the School of Magistrates, supported by the Dutch Embassy in Tirana, during October 2014, was organized a training with the of First Instance Court in the District of Shkodra. During December 2014, the CPD held an informative meeting with the teaching staff and pupils of the 9-year school “Edith Durham”. During 2015, The CPD has undertaken an awareness campaign in the education system, concretely in the 9-year schools and secondary schools in the district of Tirana. Until March, the CPD has achieved 8 (eight) informative meetings with pupils and teaching staff of all selected schools. During 2014, the CPD has drafted 1 - Study “On the situation of discrimination of Roma community”, 2 - Study “On the protection and respect of the rights of LGBTI community in Albania”. During 2014, the CPD has launched two monitoring: 1 - Monitoring on the implementation of the Law “On Protection from Discrimination” in the private sector in the field of employment. This monitoring is focused in particular to the access of vulnerable groups in employment. 2 - Monitoring on the implementation of the Law “On Protection from Discrimination” from the courts. The methodology was developed and during 2015 will end the monitoring. The Commissioner for Protection from Discrimination has sent legislative recommendations aiming at alignment of the existing legislation with the concepts, standards and provisions of the Law “On Protection from Discrimination”. In the reporting period, the CPD has sent recommendations on: Recommendations on the Draft Code of Administrative Procedure aim at sanctioning the distribution of the burden of proof in cases of discrimination. Law No. 10129, date 11.05.2009, "On the civil status". Recommendation is addressed to the Ministry of Internal Affairs and aims the revision of articles 16 and 17 of the law (these provisions regulate the determination or change of residence), to eliminate discriminatory provisions that bring discriminatory consequences due to gender. This recommendation came as a result of cooperation between the CPD and the Centre for legal Civic Initiatives. The CPD has sent to the Ministry of Justice, during the first half of 2014, a recommendation for changes to the Code of Civil Procedures regarding the distribution of the burden of proof in cases of discrimination and some recommendations to the Penal Code, which aimed at the protection of LGBT persons. Still there is no legal initiative to reflect these recommendations on the relevant legal acts. In 2012 CPD has submitted to the Albanian Parliament a recommendation for: "The abrogation of article 113 of the Criminal Code so that victims of trafficking are not made subject to prosecution and punishment". This opinion of the CPD was based not only on the analysis of legislation, but also in the International Organisation reports and particularly in the final conclusions of the Committee of the United Nations Organization for the Elimination of Discrimination against Women (CEDAW), in connection with the III Periodic Reporting of Albania, on 26 July 2010. As soon as Albanian became a candidate country to the European Union, one of the conditions to be included in EQUINET - European Network of Equality Bodies was fulfilled. The Commissioner for the Protection from Discrimination became member of EQUINET on 4 December 2014, after the voting during the Annual General Meeting (AGM) from the members of the network. So, the CPD is the 42's member and the youngest of EQUINET. The CPD considers the membership in EQUINET as a good opportunity, especially for the exchange of experiences and information on legislation and policies of equality and non-discrimination at the European level. The CPD staffs are involved in the working groups of the network. 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