Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

Articles 2 and 4 of the Convention. Adequate and free services and measures to facilitate the migration process. The Committee takes note of the Government’s indication, in its report, that the Ministry of Internal Affairs, in implementing the National Strategy for Migration (NSM) 2019-2022, has established a network of Migration Counters (MCs) throughout the country to provide pre-departure information and orientation to Albanian citizens who seek regular employment opportunities abroad, and to provide support for the reintegration of returnees. The Committee notes that the NSM 2019-2022 also underlines that the MCs’ capacities are limited and that it would be imperative to assess the scale, categories, and specific needs of migrant workers. The Government refers to several programs conducted by the Ministry of Internal Affairs, including the project “Prevention of unsafe migration from Albania towards the Member States of the European Union – Follow-up Campaign” in cooperation with the International Organization for Migration (IOM), and the project “Arise All” with the support of the European Union. In addition, the National Agency for Employment and Skills (AKPA) has cooperated with the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and the European Commission to include information on regular migration in the member states of the European Union on its website. The IOM team in Tirana has developed information packages in different formats including TV spots and brochures on regular migration, risks of irregular migration and opportunities for self-development in Albania, distributed through a branded minibus traveling to different districts. Regarding returnees specifically, the Government indicates that they are interviewed by AKPA employees and receive advice on employment, vocational training, and entrepreneurship. They are also provided with information on free medical services and income support schemes. The most vulnerable groups of returnees receive food, water and access to medical supplies at the border crossing points. The Committee requests the Government to continue to provide information on the services available to migrant workers prior to departure and after their return to Albania. It also requests information on whether a new National Strategy for Migration has been adopted and if so, information on its implementation in practice with regard to the provision of adequate and free services to migrant workers, and the adoption of measures to facilitate the migration process.

Immigrant workers. The Committee takes note of the adoption of the Law on Foreigners No. 79/2021, repealing the Law on Foreigners No. 108/2013. It also takes note of the Government’s indication that the Council of Ministers adopted Decision No. 858 on the definition of the criteria of procedures and documentation for entry, stay, and treatment of foreigners in the Republic of Albania, and the Decision No. 857 on the establishment and operation of the National Electronic Register for Foreigners in the Republic of Albania. The Committee also notes the Government’s indication that pursuant to section 98 of the Law on Foreigners No. 79/2021, public institutions cooperate, according to their competencies, with social partners, non-profit organizations and international organizations for the promotion and implementation of programs that integrate foreigners. The Government also indicates that during 2021, a total of 8,769 residence permits were issued in Albania (including 3,358 for employment reasons and 1,542 for family reunification reasons). At the end of 2021, 14,921 residence permits were valid. Foreign migrant workers are assisted by the AKPA, which facilitates their application process to receive an authorization to work in the country. The Government also established a web-portal to display information on how to apply for a permit in Albania. The Committee also notes the indication in the NSM 2019-2022 that it remained important to review the position of foreign workers with regard to the implementation of the Labour Code and that one of the actions to be taken in the context of the strategy would be to establish a central unit within the Labour Inspectorate for the detection and investigation of violations against foreign workers. The Committee requests the Government to continue to provide information on: (i) the concrete measures adopted to support migrant workers in Albania, including information on the pertinent activities of the National Agency for Employment and Skills; and (ii) the operation of the unit of the Labour Inspectorate dedicated to addressing violations against foreign workers, if such unit was established.

Article 6. Equality of treatment. Further to its previous comment, the Committee notes the indication by the Government that section 96 of the Law on Foreigners No. 79/2021, like the now repealed section 70(2) of the former Law on Foreigners No. 108/2013, provides that long-term residents shall enjoy the same economic, health and social rights as the Albanian nationals, in accordance with the applicable laws. The Committee also notes that the same Law on Foreigners No. 79/2021 specifies that all foreigners residing in the Republic of Albania shall enjoy the rights enshrined in its Constitution and the ratified international conventions (section 5). It further notes that the Law on protection against discrimination No. 10 221, establishes the right to every person to equality before the law and equal protection by the law (section 2), and protects against discrimination, including on the basis of citizenship (section 1). The Committee therefore requests the Government to specify how the principle of equality of treatment is applied to temporary residents as well as to permanent residents on all matters covered by Article 6(1)(a)–(d) of the Convention. In particular, it requests the Government to provide information on whether temporary migrant workers have access to legal proceedings in practice if they did not benefit from an equal treatment, especially in circumstances where their contract may have ended and where they may have left the country.

Social security. The Committee notes that the Law on Foreigners No. 79/2021 requires that migrant workers applying for a permanent residence permit show proof of health insurance coverage, in line with the health insurance system for the Albanian nationals (section 81(1)(c)). The Committee requests the Government to clarify: (i) whether permanent migrant workers are also covered by the other social security schemes applicable to nationals (such as, for instance, employment injury, maternity, sickness, invalidity, old age, death, and unemployment), and (ii) the scope of the social security rights applicable to temporary migrant workers (health insurance, retirement benefits, etc). The Committee also requests the Government to provide information on the bilateral agreements that have been concluded with other countries in the field of social protection and social insurance.

Statistical information. The Committee notes that the NSM 2019-2022 includes a series of statistical data on migration, providing information on the number of: (1) Albanian citizens outside its territory (1.5 million in 2017); (2) Albanian citizens returned (20,632 in total in 2017, including 18,596 men over 18 and 382 men under 18, and 1,620 women over 18 and 34 women under 18); and (3) work permits issued to foreigners (1,705 in total for 2017, 14 per cent of which being for women). The Committee also notes that one of the actions to be taken under the NSM 2019-2022 was to develop a methodology for data collection and monitoring of both outflows of Albanian citizens and their return to Albania, as well as inflows of migrants and their presence in every sector and region. The Committee requests the Government to provide: (i) information on the measures adopted to regularly collect data on migration; and (ii) if available, updated information disaggregated by sex, nationality and sector of employment, on the number of Albanians leaving the country for employment and those returning, and on the number of foreign nationals employed in the country.