Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Migration for Employment Convention (Revised), 1949 (No. 97) - Albania (Ratification: 2005)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 2 and 4. Adequate and free services and measures to facilitate the migration process. The Committee notes that while Albania continues to be a country with high emigration flows (Albanian migrants constitute 27.5 per cent of the total Albanian population) with, as primary countries of destination, Italy and Greece, the voluntary or forced return of Albanian emigrants has increased. The Committee notes the detailed information provided by the Government on measures taken to provide adequate and free services and information to Albanian emigrants, in particular in the context of the National Migration Strategy (2007–10) and the National Action Plan of Migration, and through bilateral agreements with Italy, Germany (the Triple-Win Project) and France (young people’s movement). It also notes Law No. 10389 of 3 March 2011 on some amendments and additions to Law No. 9668 of 18 December 2006 on the emigration of Albanian citizens for the purpose of employment, defining the establishment and functioning of migration desks in the relevant employment offices. The Order No. 84 of 6 July 2011 on the form and contents of the registry for emigrants and registration procedures and Order No. 83 of 6 June 2011 on the form and procedures for receiving emigrant status provide for the voluntary registration of Albanian citizens with the migration desks in regional departments and local employment offices. Migration desks provide information on employment conditions in countries of destination prior to departure, and on reintegration services to Albanian citizens; information is also provided on free enrolment in orientation courses and basic vocational and language training. The Committee further notes the detailed information on the support mechanisms for reintegration and the Strategy and Action Plan for Reintegration of Albanian Returnees 2010–15. The Committee asks the Government to continue to provide information on the measures to facilitate the migration process and provide free services to Albanian emigrants and returnees, including through bilateral agreements and the migration desks.

Immigrant workers. The Committee notes that in 2011, 2,300 work permits were issued to foreign citizens residing in Albania, mainly in motor vehicle trade and repair (16 per cent), the extraction industry (12 per cent), collective, social and personal services (11 per cent), construction (10 per cent) and steel work (8 per cent). Some 1,965 foreign workers were men and 335 were women. The Committee notes the trend towards an increase of foreign employees in the labour market, accounting for 77 per cent of the total of the foreigners working in Albania. It also notes that under chapter X of the Law on Foreigners No. 108/2013, the law enforcement authorities must ensure the conditions of the integration of foreigners who have the right of residence in Albania, in economic, social and cultural life (section 143), and that public institutions shall cooperate with the social partners and international organizations to promote and implement the programmes of integration of foreigners, and to provide protection against any form of discrimination (section 144(1) and (2)). Noting the Government’s indication that the forthcoming new National Strategy on Migration (2013–18) will include activities on the integration of foreigners, in line with the Law on Foreigners No. 108/2013, the Committee asks the Government to provide information on the measures taken to maintain adequate and free services for male and female immigrant workers, and to ensure that accurate information is provided to them, including with respect to programmes for integration.

Article 6. Equality of treatment. The Committee notes that according to section 70(2) of the Law on Foreigners No. 108/2013, foreigners with long term/permanent residence shall enjoy economic rights, health-related and social rights on the same terms as Albanian nationals, in line with the legislation in force. Section 144(3) prohibits direct and indirect discrimination by legal persons, public and private, during the entire process of immigration for employment. The Committee recalls that the equal treatment principle in Article 6 covers both temporary and permanent migrant workers. The Committee asks the Government to provide information on the practical application of these provisions to both permanent and temporary migrant workers in particular with respect to the matters raised in Article 6(1)(a)–(d) of the Convention. It also reiterates its request for information on the access of migrant workers in a regular situation to legal proceedings with respect to the matters raised in the Convention, especially in circumstances where a temporary migrant’s fixed-term contract may have ended.

Social security. The Committee notes that under the Law on Foreigners No. 108/2013 in order to obtain permanent residence and a permanent work permit (Type D) the foreigner must have full social health insurance according to the health system applicable to Albanian citizens for himself or herself and dependent family members (sections 61(1)(3) and 301(1)(c)). The Government states that under the Social Insurance Law migrant workers are requested like Albanian citizens to get insured by using the national system. The Committee notes that bilateral agreements on social protection and social insurance have been signed or are being negotiated with Belgium, Hungary, the former Yugoslav Republic of Macedonia and Turkey. Please indicate the legislative provisions governing social security rights for both permanent and temporary foreign workers affiliated to the national social security scheme, and the provisions in bilateral agreements on social insurance ensuring no less favourable treatment of migrant workers with nationals in accordance with Article 6(1)(b) of the Convention.

Practical application. The Committee notes that the Ministry of Labour, Social Affairs and Equal Opportunities is currently drafting a new National Strategy on Migration 2013–18 and Action Plan, and that the collection of statistics in the field of work-related migration will be an important component of the strategy. The Committee requests the Government to provide information on the activities carried out and results achieved by the competent authorities to implement the new National Strategy on Migration 2013–18. Please provide information, disaggregated by sex, nationality and sector of employment, on the number of Albanian citizens leaving the country for employment and those returning, and on the number of foreign nationals employed in Albania.