Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (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.