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

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

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.

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

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 with interest 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.

Parts III to V of the report form. 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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s first and second reports on the application of the Convention.

Article 1 of the Convention. Information on law and policies. The Committee notes that the Government has adopted comprehensive legislation concerning migration of workers from and to Albania. It notes with interest the Law on the emigration of Albanian citizens for the purpose of employment No. 9668 of 18 December 2006, which aims to manage the emigration process, to protect the political, economic and social rights of emigrants, to prevent irregular migration and human trafficking through extending regular emigration channels, and increase cooperation with social partners and Albanian and foreign private employment agencies (section 1(2)). The Law on Foreigners No. 9959 of 17 July 2008 aims to regulate the entry, stay, employment and exit of foreigners in and from Albania.

The Committee notes that a number of decrees (Nos 348–359) have been adopted on 6 March 2009, regarding the criteria, procedures and documentation for the issuance, refusal, renewal and cancellation of various work permits (texts in Albanian). The Committee will examine these texts as soon as a translation in one of the official ILO languages is available. The Government also refers to a number of other decrees applying the Convention, including Decree No. 708 on the manner of licensing and operation of private employment agencies of 16 October 2003; Decree No. 745 on the action plan on remittances of 7 November 2007; and Decree No. 337 concerning the adoption of a national action plan on the national strategy on migration of 1 April 2009, copies of which have not been received. The Committee further recalls its previous comments requesting copies of a number of orders and instructions which the Government has indicated are relevant to the application of the Convention. The Committee also understands that the Government has adopted a national strategy on migration and is preparing an action plan on its implementation. The Committee requests the Government to provide copies of all of the abovementioned texts in force (if possible, in one of the ILO official languages). Please also provide copies of the national strategy and action plan on migration, as well as information on its implementation.

Information on migration flows and special agreements and arrangements. The Committee requests the Government to provide information, disaggregated by sex, nationality and sector of employment, on the number of Albanian citizens leaving the country for employment, and on the number of foreign nationals employed in Albania. Please also provide copies of relevant bilateral agreements and arrangements giving effect to the Convention.

Articles 2 and 4. Adequate and free services and measures to facilitate departure, journey and arrival of migrant workers. Emigrants. The Committee notes the Government’s statement that Albania has committed itself to providing services and accurate information to Albanian citizens wishing to migrate. It notes section 3(1) and (2) of Law No. 9668, concerning the responsibility of the State to create the necessary legal and administrative facilities for Albanians wishing to migrate or return. These include the provision of information on legislation and changes in the host countries with respect to employment and vocational training, and their right to benefit from services and counselling free of charge in the field of vocational training, mediation services, social protection, unions, housing, education, social security and living and working conditions (section 8). The Committee also notes that Albanian citizens, once registered with the Registry of Emigrants can benefit from training orientation courses on languages and basic vocational skills organized by the Ministry of Labour, Social Affairs and Equal Opportunities (MOLSAEO) (section 8(3)). Furthermore, the Law provides that state authorities shall help and facilitate the integration of emigrants in the host countries (section 14) and that gender equality of Albanian emigrants shall be taken into account in all phases of the emigration process (section 15). The Committee asks the Government to provide information on the practical application of sections 3(1) and (2), 8, 14 and 15 of Law No. 9668, with an indication of the number of male and female migrant workers who have made use of the services provided.

Immigrants. The Committee notes that the General Directorate of the National Employment Service has set up a special division on labour and migration relations. Twelve regional employment offices have been established providing free and appropriate information to all immigrants and their employers. The Government also indicates that information is available on the web site of MOLSAEO, and that the Directorate of Migration Policy, Return and Reintegration has prepared information materials. The Committee also notes sections 102 and 103 of Law No. 9959, concerning assistance programmes aimed at the integration of foreigners. The Committee asks the Government to provide additional information on how it is maintaining adequate and free services for both male and female immigrant workers, and ensuring that accurate information is provided to them. Please also provide practical information on the programmes assisting foreigners to integrate into Albanian economic, social and cultural life.

Article 3. False and misleading information. With respect to Albanians seeking employment abroad, the Committee notes that section 2(19) of Law No. 9668 defines “false information” as any kind of unrealistic information related to the emigration process and employment offers, work conditions, remuneration, present training and employment in the host country. Section 19(1) provides that the state authorities shall take all necessary measures to stop propaganda and use of false information according to the provisions of the Penal Code, and that all offers relating to employment and vocational training outside Albania shall have the approval of the MOLSAEO before publication (section 19(1)(b)). With respect to immigrant workers, the Committee notes that section 1(10) of the Law No. 9959 defines false information as “any kind of information that is not true or accurate”, and that section 64(a) of Law No. 9959, provides that a work permit can be cancelled if it is based on fraud or includes false information. Section 63(c) provides that refusal or renewal of a work permit can be denied if the information or documents requested reflect false information or evidence. The Committee asks the Government to provide information on the specific measures taken pursuant to section 19(1) of the Law No. 9668 and sections 63(c) and 64(a) of the Law No. 9959, and to indicate the relevant provisions in the Penal Code. Please also provide information on any other measures taken to protect immigrant workers from misleading information stemming from individual employers or recruitment agencies.

Article 6. Equality of treatment. The Committee notes the provisions in the Albanian Constitution concerning non-discrimination, due process, right to social protection, the right to organize, the right to social security in old age and when unable to work, and the right to social insurance. It also notes the non-discrimination provision in the Labour Code. The Committee further notes section 5(1) of the Law No. 9959, guaranteeing the enjoyment of fundamental rights and freedoms of foreigners in Albania.

Social security. The Committee notes that article 55(1) of the Constitution stipulates that citizens enjoy in an equal manner the right to health care from the State. The Committee also notes the Government’s statement that social security for immigrants is regulated on the basis of the legislation concerning social security, bilateral agreements and Conventions in this area. It also notes section 30 of Law No. 9959 providing that permanent residents have the right to continuing education and benefits from social security schemes on an equal footing with Albanian citizens. No such provision is included with respect to temporary migrant workers. On the other hand, section 61(c) requires holders of a permanent work permit to have full health and social insurance for themselves and their families. The Committee recalls that the right to equal treatment with respect to social security provided by the Convention includes both permanent and temporary migrant workers. The Committee asks the Government to clarify whether migrant workers with permanent residency permits are required to ensure their own national medical insurance, or whether they have the possibility to choose whether they wish to remain affiliated to their national social security scheme or to affiliate to the national social security scheme under the same conditions as nationals. Please indicate the specific legislative provisions governing social security rights for both permanent and temporary migrant workers.

Legal proceedings. The Committee notes that pursuant to section 59 of Law No. 9959, in the case of a work permit not being renewed, a foreigner may benefit from an extension of the residency permit for six months, if this period is deemed necessary for the liquidation of the company. Noting that an extension of the residency permit appears to be granted only to certain categories of foreigners, the Committee asks the Government to provide information on the access of regularly admitted migrant workers to legal proceedings with respect to the matters raised in the Convention, especially in circumstances where a migrant’s fixed-term contract may have ended.

Article 7. Cooperation of employment services and other services with other members. The Committee notes with interest section 27 of Law No. 9668 on cooperation with host countries for the purpose of reintegration of returned emigrants to the Republic of Albania (subsection 1); for the purpose of exchanging information on work conditions, social insurance and adherence to free trade unions, linked to the emigration process (subsection 3); on issues related to social protection (subsection 4); on the elaboration of vocational training skills for Albanian citizens and validation of professional qualifications; and on the creation of facilities for mutual validation of diplomas, certificates, and other necessary qualifications. The Committee also notes the Government’s statement that cooperation with the authorities in the receiving countries could be extended to include the services and cooperation of respective employment agencies. The Committee asks the Government to provide information on the practical application of section 27 of Law No. 9668, and on any steps taken to ensure that the public employment service cooperates in appropriate cases with the corresponding services in the host countries.

Article 8. Right of residence for permanent workers in the case of incapacity to work. The Committee notes that pursuant to section 26(1)(a) and section 61(b) of Law No. 9959, a foreigner may be provided with a permanent residency and permanent work permit if he or she has stayed for at least five years from entry and has proven to have security of residence and subsistence, and has a stable and sufficient personal income for himself or herself and their family members of whom they are in charge. Section 29 provides for border and local immigration police checks at least once every two years for foreigners with permanent residency permits. The Committee also notes that a foreigner who falls ill or disabled after being issued a residency permit shall not be refused the renewal of the temporary permit or will not be subject to withdrawal of the residency permit because of this (section 36(2)). The Committee asks the Government to confirm that the right of residence for permanent workers is maintained in the case of incapacity to work due to a contracted illness or sustained injury, even if the worker is no longer able to ensure a stable and sufficient personal income.

Article 10. Bilateral agreements. The Committee notes that pursuant to section 3(4) of Law No. 9668, the state authorities support cross-border employment of Albanian citizens through bilateral and multilateral agreements. The MOLSAEO may propose the signing of bilateral agreements on migration for employment, while the Ministry of Foreign Affairs (MFA) is the responsible authority for overseeing the implementation of such agreements. The Committee further notes that a number of bilateral agreements have been concluded in the field of professional knowledge and language skills, seasonal employment and labour, particularly with Italy. Please continue to provide information on the conclusion of bilateral agreements and other arrangements, including information on their impact on effectively resolving problems arising from the application of the Convention.

Annexes I and II. In the absence of further information in the Government’s report on the application of Annexes I and II, please provide the information requested in the report form for each of the Articles under these annexes, including an indication of relevant provisions in the legislation and regulations, as well as other measures.

Parts III, IV and V of the report form. The Committee notes the Government’s statement that the Department of Border and Migration at the Directorate General of the State Police, the Consular Directorate of the Ministry of Foreign Affairs, the Directorate of Migration Policies within the MOLSAEO, and the State Labour Inspectorate are entrusted with the implementation of the legislation and policies applying the Convention. The Committee also notes the Government’s statement that there have not been any court decisions regarding matters relating to the Convention, which according to the Government is being applied in a satisfactory manner. In order for the Committee to assess fully how the Convention is being applied in practice, the Committee would be grateful if the Government could supply information on the specific activities carried out by the competent authorities, including copies of inspection reports and reports on contraventions of the legislation, to give effect to the provisions of the Convention. Please also provide statistical data disaggregated by sex and nationality on migration flows from and to Albania, as well as copies of any relevant studies or surveys that have been undertaken on any of the matters referred to in this Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report on this Convention, received 16 October 2007 in Albanian. It also notes the first report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which was received 21 October 2008 and which includes additional and recently adopted legislation relevant to the examination of the application by the Government of Convention No. 97. Considering this and awaiting translation of the legislative texts, the Committee will examine the Government’s report on these Conventions at its next session in 2009. In order to have a comprehensive view of the relevant legislative framework, the Committee requests the Government to provide copies of the following legislative texts, which were not attached to the Government’s report on Convention No. 97:

–      Order of the Minister of Labour, Social Affairs and Equal Opportunities, No. 1722 of 18 September 2007 on the form and the contents of the document and the procedure to obtain immigrant status;

–      Instruction of the Minister of Labour, Social Affairs and Equal Opportunities, No. 1297 of 16 July 2004 on the operation of the register “for immigrants”;

–      DCM No. 262 of 25 May 2000 on the approval of work permits of foreigners;

–      Instruction of the Minister of Labour, Social Affairs and Equal Opportunities, No. 786 of 9 April 2001 on the approval of work permits of foreigners;

–      Instruction of the Minister of Labour, Social Affairs and Equal Opportunities, No. 202 of 1 February 2007 on the approval of work permits of foreigners (amended).

[The Government is asked to reply in detail to the present comments in 2009.]