12 aoû 2016
Assessment on the Protection of the Rights of Migrant Workers in Albania
The report gives an overview of the implementation of human rights of migrant workers in Albania and explores the country’s capacities for the implementation of the rights of migrant workers with a focus on institutional framework and monitoring instruments and institutions. It also examines the international and national legal framework of the rights of migrant workers.
The report brings out challenges and findings, so several recommendations are proposed, focusing on the improvement of the implementation of migrant workers’ rights in Albania.
The report consists of six parts:
Part one introduces the principal international conventions on human rights of migrant workers.
Part two analyses Albania’s legislation for the implementation of human rights of migrant workers, focusing on primary and secondary legislation, as well as the regulatory framework and standards and procedures of employment, stay and integration of migrant workers in Albania.
Part three explores the gaps between international conventions and national framework of regulations of migrant workers in Albania.
Part four addresses the institutional framework and capacities for monitoring rights protection and access to rights for migrant workers.
Part five examines the issues of implementation and violation of the rights of migrant workers in Albania.
Part six gives an overview of the main findings and recommendations.
This report, Assessment of the Protection of the Rights of Migrant Workers in Albania, was elaborated in the framework of the project “Promotion of decent work opportunities and protection of migrant workers in Albania”, funded by the Government of Sweden, through the One UN Coherence Fund and implemented by the International Organization for Migration (IOM) Tirana in partnership with relevant government stakeholders in Albania
- Executive Summary
- I. International Conventions for the Implementation of Human Rights of Migrant Workers
- 1.1. UN Conventions
- 1.2. ILO Conventions
- 1.3. Council of Europe policies and standards
- 1.4. European Union policies and standards
- 1.4.1. EU Conventions
- 1.4.2. Current EU migration policies
- II. National Legislation for the Implementation of Human Rights of Migrant Workers
- 1.1. Constitution of Albania
- 1.2. Primary legislation
- 1.3. Secondary legislation
- 1.4. Regulatory framework
- 1.5. Operational procedures and standards
- III. Gaps between the International Conventions and the National Framework
- 3.1. Policy gaps
- 3.2. Legislation gaps
- 3.3. Institutional gaps
- IV. Institutional Framework and Capacities to monitor the Protection of Rights and Access to Rights of Migrant Workers
- 4.1. Institutional framework
- 4.2. Monitoring mechanisms
- 4.2.1. International monitoring mechanisms
- 4.2.2. National monitoring mechanisms
- 4.3. Monitoring institutions
- V. Challenges of Implementation/Violation of the Rights of Migrant Workers in Albania
- 5.1. The absence of effectively operating mechanisms to monitor migrants’ rights in Albania
- 5.2. General considerations on the migrants’ rights situation
- 5.3. Rights at work
- 5.4. Access to public services
- 5.5. Treatment of immigrants entering Albania irregularly
- 5.6. Access to the Justice system
- 5.7. Treatment in penitentiary institutions
- 5.8. The right of family members to obtain Residence Permit
- VI. Findings and Recommendations
- 6.1. Findings
- 6.2. Recommendations
- Bibliography and Sources