Republic of Albania

COUNCIL OF MINISTERS

 

 

 

DECISION

No. 1083, dated 23.07.2008

 

ON

 

THE APPROVAL OF THE NATIONAL STRATEGY ON COMBATING TRAFFICKING IN PERSONS, 2008-2010, AND THE ADDITIONAL DOCUMENT

“NATIONAL STRATEGY FOR THE FIGHT AGAINST CHILD TRAFFICKING

AND THE PROTECTION OF CHILD VICTIMS OF TRAFFICKING”

Pursuant to Article 100 of the Constitution, on the proposal of the Minister of Interior, the Council of Ministers

 

DECIDED: 

1. The approval of the National Strategy on Combating Trafficking in Persons, 2008-2010 , and the additional document “National Strategy for the Fight against Child Trafficking and the Protection of Child Victims of Trafficking”, as part of the  cross-cutting strategy on the fight against organised crime, trafficking and terrorism, 2007-2013, in accordance with the text attached to this decision.

 

2. The State Committee on Combating Human Trafficking is assigned with the monitoring and implementation of this Strategy.

 

This decision enters into force after the publication on the Official Journal.

  

                                                                                                            PRIME MINISTER

                                                                                                             SALI BERISHA

 

Republic of Albania

Ministry of Interior

Office of the National Coordinator on

Combating Trafficking in Persons

 

 

National Strategy on Combating

Trafficking in Persons

2008-2010

 

 

Table of Contents

 

Strategic Frame.

Introduction.

Chapter I – Overall situation analysis.

Background.

Current achievements.

Remaining challenges.

Chapter II – Vision, priorities and goals.

Chapter III – Policies to be undertaken.

Legal Definitions on which the Trafficking Strategy is based:

Chapter IV – Budgeting

Chapter V – Monitoring and evaluation.

Annex I: Outline of the envisaged national framework for co-operation and co-ordination on anti-trafficking:

National Co-ordination Structure for Anti-Trafficking Prevention, Assistance and Protection  - division of tasks (to be clarified by the ad-hoc experts group):

National Level:

Regional Level actors:

Municipality/Commune Level:

Annex II: Domestic Legislative Framework on which Strategy is based:….................

Glossary of Abbreviations.

Operational Framework.

I. PROSECUTION and CRIMINAL JUSTICE.

II. PROTECTION..

III. PREVENTION.

IV. COORDINATION.

 

Strategic Frame

Introduction

 

While constituting a serious crime issue, trafficking in human beings is first and foremost a violation of human rights of the persons affected; it can only be tackled in a comprehensive and multi-disciplinary manner, involving a broad range of state and especially also non-state actors from a variety of fields and backgrounds.

 The present anti-trafficking Strategy and Action Plan is a tool to gather all relevant state and non-state stakeholders, as well as international partners, in a shared understanding of the situation regarding human trafficking, the challenges posed and how to address these. It lays out the coordination and cooperation between all actors, their respective roles and responsibilities, in order to achieve an efficient and concerted approach. In that manner, it is hoped, the Strategy and Action Plan will also be instrumental in ensuring the political as well as financial support necessary for the implementation of the measures foreseen therein.

 The Strategy and Action Plan 2008 - 2010 was drafted in a consultative process with all involved state, non-state, as well as international actors. A series of consultative meetings and workshops on specific items of the Strategy and Action Plan were held during February to April 2008 and input and suggestions were collected from all stakeholders. Furthermore, relevant studies and evaluation reports were also taken in consideration. A draft Strategy and Action Plan was validated at a preliminary national workshop held on 14 May 2008, and finalized with the input received.  

 The  Strategy and Action Plan 2008-2010 was  presented in the National Conference on May 30^th , 2008 and  endorsed in principle by the State Committee for the Fight against Human Trafficking on  June 6^th, 2008.  It thus enjoys the full support and commitment of all actors involved.

 The Office of the National Coordinator, during this process of drafting was continuously assisted by two experts with experience in the development of strategies in general and child trafficking and protection in particular. In this process, the Office received the support of the UN Office on Drugs and Crime, UNICEF, the Organization for Security and Co-operation in Europe (OSCE) and the International Centre for Migration Policy Development (ICMPD). 

 

Guiding principles on which this strategy is built:

 

The Strategy and Action Plan to Combat Trafficking in Persons is built on the following guiding principles, which form the conceptual framework for the anti-trafficking response:

 

• Government ownership,

·        Civil society participation,

• Human rights based treatment of victims

• Interdisciplinary coordination and cross-sector responses at government level, and between Government, IOs and NGOs;

• Systematic evaluation and sustainability.

 

Chapter I – Overall situation analysis

 

Background

 

Not least due to the concerted efforts of all national state- and non-state actors, as well as the international organisations and donors, the situation regarding human trafficking has generally improved, or at least has become stable, with the numbers of victims of trafficking on the decline.

 

Rather than being a transit or destination country for foreign victims, Albania has predominantly turned into a country of origin for international trafficking in women and children; women are mainly trafficked for sexual explotiation and forced labor, whereas children are for the most part sent begging and utilized in forced labor. Main destination countries for Albanian women are Greece, Italy, Macedonia, Kosovo as well as EU countries (also as final destination region). Recruitment increasingly tends to occur through fraud, by persons known to the victims, who make false job offers or marriage promises. Children continue to be primarily trafficked to Greece, and increasingly by their parents or other family members.

 

A disconcerting increase in internal trafficking of women and children has been noted, mainly for prostitution or labour exploitation, and especially in the new informal areas of the urban centres. The full scope of the problem is yet to be assessed, and mechanisms for the identfication, referral and reporting of such cases are beginning to be put in place. The same applies to trafficking for labour exploitation, from Albania, into Albania and within Albania.

 

The Roma and Balkan-Egyptian communities remain among the groups most at risk of being trafficked, as are the new informal areas, other marginalized communities,women and children in the poor, rural areas of the country and persons without a family safety net. These vulnerable groups and persons are easy prey for traffickers and those who tend to exploit others.

 

Over the past years the involvement of organized crime groups and trafficking rings seems to have been on the decline, not least due to their engagement in other, more lucrative, forms of illicit trade (drugs and weapons). As mentioned before, the recruiters tend to be family members (of minor victims) or persons known to the victims, psychological manipulation and blackmailing , as opposed to outright physical violence predominantly used years ago.

 

The present Strategy and Action Plan contains policies and measures to address these new phenomena.

 

Current achievements

 

The Government of Albania has acknowledged the issue and has made it a top priority. The great commitment among all actors concerned has resulted in tangible progress towards the eradication of human trafficking. During the period 2005 - 2007, very important achievements have been made, including[1]:

 

·        Establishment of the Antitrafficking Unit in the Ministry of Interior[2] acting under the authority of the National Coordinator on Combating Trafficking in Human Beings/Deputy Minister of Interior, charged with monitoring and coordinating the activities of all national and international actors involved, among other, in the implementation of the National Strategy on Combating Trafficking in Human Beings and the Action Plan 2005 – 2007. Furthermore, the Antitrafficking Unit drafted periodic reports on the trafficking situation in Albania, including the Evaluation Report on the Implementation of the National Strategy on Combating Trafficking in Human Beings 2005 – 2007, and acted as Technical Secretariat of the Inter-Ministerial State Committee  for the Fight against Trafficking in Human Beings. The Unit has been the initiator for the materialization of the below mentioned activities.

·        Amendments to the legal framework (Penal Code) included the criminalization of smuggling of persons, in line with the UN protocol, as well as a series of legal amendments in relation to the trafficking of children,

·        The signature and ratification, of 14 agreements and conventions of international and regional cooperation in the areas of justice, police cooperation, legal assistance against trafficking and organized crime, protection of child victims of trafficking, readmission of persons, illicit trafficking of narcotic drugs, parental responsibility and civil aspects of the international child abduction; these include the ratification of a bilateral agreement with Greece (yet to be ratified by Greece) on co-operation on the identification, protection, rehabilitation and safe return of Albanian children from Greece[3]

·        The establishment of the database on trafficked victims, to become fully operational in 2008

·        Guidelines and instructions to enhance the identification of trafficked persons at the border, and sensitization of a range of actors that may come in touch with trafficked persons

·        The conclusion of the “Cooperation agreement to establish a National Referral Mechanism for the enhanced identification of and assistance to victims of human trafficking” (NRM), on July 18, 2005.

·        The establishment of the “Responsible Authority”, by way of a Joint Order of the MoI, MOLSAEO and MFA dated 19.05.2006, responsible for coordinating, processing and reporting the necessary actions of all structures involved in the NRM agreement, as well as monitoring its implementation.

·        The maintenance of reception centers and shelters for victim assistance and protection, with increasing shares of state funding

·        The development of standards of social care services to trafficked persons or persons at risk of trafficking in residential care facilities

·        The development of transnational referral and case management mechanisms to ensure victim identification, assistance and protection also across state borders, as well as a series of bilateral cross-border meetings to enhance practical co-operation

·        The implementation of awareness raising campaigns targeting at risk groups

·        Measures to enforce mandatory education, to increase participation of marginalized groups in the formal education system, and life skill/vocational training for school dropouts, sensitization campaigns for children and the youth, and their inclusion in school curricula

·        The national toll free help line (0800 12 12), which has been operated by the Ministry of the Interior as of November 2007

·        The creation of the Regional Committees on Combating Trafficking in Human Beings, by way of order of the Prime Minister, no. 139, dated 19.06.2006. The Committees are tasked with making regular assessments of the regional situation and specific needs, identifying priorities for action at regional level; identifying vulnerable groups, and establishing protection networks at the local level;

·        The modernization of the Civil Registry Service

·        The launching of the European Week against Human Trafficking in Persons in October 2007, under the slogan: “Trafficking in Human Beings is Slavery! We Cannot Accept It! We Fight for a Free and Secure Society”.

·        The combat of corruption, resulting in administrative and criminal sanctions to officials found to be complicit in human trafficking

·        Prosecutions and convictions have increased over the past years [4]

 

Remaining challenges

 

These efforts notwithstanding, there is a number of remaining challenges, to be addressed in the Strategy and Action Plan 2008 – 2010, as follows:

 

·        Partial implementation of the existing legal anti-trafficking framework, e.g. the insufficient differentiation between prostitution and trafficking in human beings for sexual exploitation, and between trafficking for labor exploitation and smuggling and illegal work

·        Regional Anti-Trafficking Committees are not fully functional, due, among others, to a lack of clarity regarding roles and responsibilities and division of tasks between national, regional and local levels, and due to insufficient staffing levels;

·        The Office of the National Coordinator/Anti-Trafficking Unit does not have the human resources commensurate with its tasks

·        A better inter-ministerial co-ordination and institutional ownership by each actor for the implementation of its respective tasks in the National Action Plan; enhance the Focal Points’ role;

·        The National Referral Mechanism (NRM) is not yet fully operational, which is also due to the fact that the Responsible Authority is not very operational, though meetings have been held and cases have been treated and given due solution;

·        Improve the identification process and tools of the potential victims of trafficking, especially of internally trafficked persons and persons trafficked for labour exploitation;

·        Insufficient official data and situation mapping and assessments, poor statistics (lack of co-coordinated and reliable official data and statistics, lack of agreed work definitions);

·        Lack of a functioning system for the systematic monitoring of the implementation of the measures foreseen in the NAP, and insufficient reporting by stakeholders (delays in reporting and poor reporting quality);

·        More emphasis needs to be given to prevention, and to mainstreaming anti-trafficking efforts into the social assistance and protection work, the measures against domestic violence as well as general country development efforts;

·        The situation of minority groups, i.e. Roma and Egyptian and other vulnerable groups, needs more enhanced attention also in terms of preventing human trafficking;

·        Ensuring sustainable funding of anti-trafficking structure and services, in light of the external donor phase-out in the coming years

 

Chapter II – Vision, priorities and goals

 

Policies, tools and support measures are in place and are accessible for men, women and children who are at risk of being trafficked, or who have suffered from human trafficking, which enable them to fully integrate into society and to live self-determined lives, and which create a situation of hope and belonging for all persons living in Albania, thereby reducing human trafficking. This Strategy aims at establishing a society free of the threats of organized crime, in peace and in continuous improvement regarding the quality of the life of citizens, thereby offering the image of a quiet country with high safety standards.

 

In order to achieve this vision, it will be necessary to achieve the following strategic priorities:

 

The main priority is to further institutionalize a multi-disciplinary, sustainable and co-coordinated anti-trafficking response, in order to work towards the progressive reduction and elimination of human trafficking and to foster the empowerment of all persons living in Albania..

 

Under the period covered by this strategy (2008-2010), national ownership will be strengthened. The anti-trafficking response will be mainstreamed into policies and programs of state actors, and in particular social assistance and protection systems. As donor funding is gradually phasing out, the Government of Albania will ensure sustainability by providing the majority of the necessary funding. In so doing, the Government acts on its declared priority contained in its National Strategy on Development and Integration, and it continues its path towards integration into the European Union; furthermore it contributes to ensuring the expected standards of NATO membership. 

 

Prevention will be given more prominence in the anti-trafficking response as the preferred policy option, both in human terms as well as in terms of cost-effectiveness. The emphasis is on preventive measures at the regional and local levels, through the strengthening of comprehensive protection and assistance systems in general, and for the populations and individuals at risk in particular; measures will target especially disadvantaged minority communities, as well as the new informal communities in the urban centers, as well as vulnerable women and the youth. These populations and at-risk  individuals will be offered non-exploitative alternatives to human trafficking, through social assistance and livelihood options, as well as the possibility of legal and safe migration; additionally, awareness raising and information  to at-risk groups will remain essential.

 

Special attention will be given to ensure the early identification of all trafficked persons (including internally trafficked persons and persons trafficked for labor exploitation) and their referral to assistance and services. This will be ensured through the full functioning of the National Referral Mechanism and its corollary case referral mechanisms at local levels.

 

The fight of child trafficking and the assistance to and protection of child victims of trafficking remains a key concern of the Government of Albania, which is underlined by the fact that in addition to the measures foreseen in this strategy, a separate strategy and action plan on child trafficking is attached to this strategy. It forms an integral part of this strategy, and highlights the specific approach and key measures necessary to adequately address the trafficking of minors.  

 

Chapter III – Policies to be undertaken

 

In order to attain the vision and the priorities outlined above, the following policies will need to be undertaken:

 

1. To improve the co-ordination of all anti-trafficking measures and effective co-operation between all actors in the field against trafficking in human beings in Albania, by way of institutionalizing a functional national framework for co-operation and co-ordination on anti-trafficking.

 

2. To strengthen the knowledge base and information management on human trafficking, resulting in unified (statistical) data, as well as to continuously improve the anti-trafficking response through establishing strong mechanisms for regular monitoring, evaluation and review.

 

3. To ensure the full functioning of the “National Referral Mechanism” as a comprehensive national, regional and local co-ordination and case referral mechanism to ensure identification, assistance and return/ (re)-integration to trafficked persons and vulnerable individuals

 

4. To ensure the early identification of all trafficked persons and for all forms of exploitation, and their access to high-quality and appropriate assistance and protection, long-term re-habilitation and social inclusion; the human rights based, ethical and sensitive treatment of all trafficked persons by all actors , as well as their access to legal redress and compensation;

 

5. To raise the  awareness on human trafficking and non-exploitative alternatives as well as reduce vulnerability to trafficking and exploitation by improving social inclusion, by providing vocational and other non-exploitative alternatives, by fostering more enabling environments in general, and for vulnerable groups in particular; inter alia, by strengthening links to ongoing national reform processes and strategies [5]

 

6. To increase the number of successful prosecutions and convictions, and to ensure fair and victim-sensitive treatment to victims of trafficking during criminal proceedings, including the protection of witnesses.

 

7. To prevent child trafficking, and protect, assist and reintegrate child trafficking victims

 

These strategic goals and specific objectives have been further elaborated upon and broken down into specific objectives and necessary activities in the attached Action Plan.

 

Legal Definitions on which the Trafficking Strategy is based:

 

For the purpose of this strategy:

 

Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; [Article 3 (a)].[6]

 

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered "Trafficking persons" even if this does not involve any of the means set forth subparagraph (a) of this article; [Article 3 (c)].

 

Child shall mean any person under the age of eighteen; [Article 3 (d)].

 

Victim of trafficking: refers to any person who qualifies as a victim in accordance with the above-mentioned Article 3 of the UN Trafficking Protocol

 

The term trafficked person is used interchangeably with the term victim of trafficking, and thus refers to all persons that meet the criteria of the UN trafficking protocol.

 

Chapter IV – Budgeting

 

By way of endorsing this Strategy and Action Plan 2008-2010, all actors have committed to ensuring the implementation of the tasks contained in this document and under their respective responsibility, including the provision of the requisite resources.

 

In general, the lead agencies assume the responsibility for the implementation of their respective activities, including the budgeting for the activity. If however an activity foresees the shared responsibilities of two or more actors, then the joint budgetary obligation is also indicated in the NAP.

 

While the present Action Plan only contains the budget source, but not the exact cost of each measure, it is foreseen to establish full budget and expenditure reports from 2009 onwards (see under chapter co-ordination).

 

Chapter V – Monitoring and evaluation

 

Responsibility for the monitoring and implementation of this National Strategy and Action Plan for the Fight against Trafficking in Human Beings, as well as the National Strategy and Action Plan and on child trafficking belongs with the State Committee for Combating Trafficking in Human Beings, which is chaired by the Minister of Interior. The State Committee will be assisted in this task by the National Task Force on Trafficking in Human Beings, the National Coordinator and the Office of the National Coordinator. The National Task Force on Human Trafficking will set up a sub-group on child trafficking, under the chairmanship of the MOLSAEO. The key success indicators for monitoring the strategy and the Action Plan are given in the Action Plan. A systematic plan for monitoring, evaluation and review of the Strategy and the Action Plan will be elaborated under the responsibility of the Office of the National Coordinator.

 

Every Ministry or Institution that has obligations under this strategy, will report on the course of their work for the implementation of the Trafficking Action Plan to the Office of the National Coordinator on Combating Trafficking in Persons and to the State Committee for Combating Trafficking in Human Beings, every three months, starting from the date of approval of the Strategy and Action Plan by the Council of Ministers.

 

The Committee will periodically inform the Prime Minister on the implementation of this Strategy and Action Plan.

 

Annex I: Outline of the envisaged national framework for co-operation and co-ordination on anti-trafficking:

 

In order to effectively counter human trafficking and foster empowerment, it is essential to institutionalize a functional national framework to ensure effective co-ordination and co-operation of all involved actors, aimed at preventing human trafficking, protecting and assisting trafficked persons and prosecute and convict the perpetrators.

 

The envisaged framework comprises:

 

i.                    a mechanism for  overall co-ordination, policy setting, ongoing mapping and analysis of the situation regarding human trafficking, monitoring, evaluating and reviewing the national anti-trafficking response (strategy and action plan);

 

ii.                  the National Referral Mechanism, as a system for individual case management to ensure identification of and protection and assistance to vulnerable and trafficked persons

 

For this reason, an ad hoc inter-disciplinary Expert Group (drawn from state and non-state members of the NRM working group, Responsible Authority, Regional Anti-Trafficking Committee, other national actors and international partners) will be established.  The ad hoc Expert Group will until end of 2008 develop a detailed Plan of Action comprising a clear division of tasks, the respective tasks of all actors, standard procedures (SOPs) of cooperation and co-ordination among all concerned, and an implementation schedule. Following the endorsement by the State Committee, the Plan of Action will be implemented (including necessary revisions of mandates, terms of reference, SOPs, and trainings/workshops with all actors on the new framework for co-operation and their respective tasks). Details on the envisaged co-ordination framework, as well as the preliminary role of all actors involved, are given below. 

 

Further activities aimed at institutionalizing a functional anti-trafficking framework and an effective response include:

 

·        Reinforce the Office of the National Coordinator, to ensure implementation of activities foreseen under the NAP by i.a. increasing its human and financial resources

 

·        Create and staff a stand-alone Office of the Responsible Authority by 2010 ; in an interim phase establish a nucleus office/team of 3 staff, attached to the ONAC

 

·        Strengthen the Regional Anti-Trafficking Committees (scope of work and TORs/Prime Minister order clarified/revised, full-time regional co-ordinator appointed and membership enlarged to include deputy prefects, Regional Border and Migration Directorates, the qark councils and NGOs).  

 

·        Creation of the National Task Force on Trafficking in Human Beings (replacing the former Focal Point group) charged with the design, implementation and regular review the anti-trafficking response, under the overall responsibility of the State Committee and the Office of the National Coordinator, and comprising all relevant national anti-trafficking state- and non-state actors and agencies.

 

 

National Co-ordination Structure for Anti-Trafficking Prevention, Assistance and Protection  - preliminary division of tasks

(to be clarified by ad hoc Expert Group):

 

 

National Level:

 

 

National Anti-Trafficking Co-ordinator

Tasks:              Overall responsible for the design and implementation of a comprehensive anti-trafficking response, including its regular monitoring, evaluation and review; co-ordinate information and data management and sharing; co-ordinate all anti-trafficking activities in the countries; budget and resource mobilization; liaise with all external and international partners/organizations/donors and hold regular meetings; responsible for regular reporting to government, the State Committee and Parliament, and for ensuring political support and commitment; chair the National Task Force and ensure regular meetings.

 

ONAC

Tasks:              Offering technical support to the State Committee to combat Human Trafficking and the National Anti-Trafficking Co-ordinator, as well as the National Task Force on Human Trafficking and assisting in implementing all their activities; co-ordination of all activities, data/information management and sharing, monitoring, reporting.

 

State Committee on Combating Human Trafficking

Overall responsible for the design and implementation of an anti-trafficking response, and its regular monitoring, evaluation and review, with the assistance of the National Co-ordinator, the ONAC and the technical level National Task Force on Trafficking in Human Beings

 

National Task Force on Trafficking in Human Beings

Tasks:              Design, implementation and regular review of the anti-trafficking response (strategy and action plan), under the overall responsibility of the State Committee to Combat Human Trafficking and the National Anti-Trafficking Co-ordinator and with the technical support of the ONAC; including: regular national situation assessment (based on regional, assessments), national standard, policy and procedure setting, and monitoring the implementation, national priority setting and programme design, as well as budgeting; regular (at least quarterly) meetings

 

Members:         All relevant anti-trafficking stakeholders at technical level, including representatives of state authorities, GPO, Regional Anti-Trafficking Committees, NGOs, Training Institutes, Labor Officials, and other relevant actors

 

National Referral Mechanism Working Group

Tasks:              Monitoring the implementation of the NRM agreement with the technical support of the Responsible Authority, i.e. setting and regularly reviewing national standards and operating procedures (SOPs) for the treatment of trafficked persons during the entire referral process and monitoring their implementation,  resolving non-routine/intricate referral cases when necessary (especially inter-regional and international cases).

Members:         All signatories to the NRM agreement incl. MOI, ASP, MOLSAEO, MFA, ONAC, NGO signatories, GPO, RCATs, etc.)

 

Responsible Authority

Tasks:              Monitoring the implementation of the NRM agreement

Managing data (including the victim database) and reporting.

Convene regular meetings of NRM working group and offer technical support to the group

Backstopping and intervening in non-routine/trouble cases when necessary (especially inter-regional and international cases)

 

Members:         All signatories of the NRM agreement (MOI, MOLSAEO, MFA, NGO signatories, etc.)

 

Regional Level actors:

 

Regional Anti-Trafficking Committees, Technical Tables, Technical Secretariat

Tasks:              Mapping and assessing the situation and needs at the regional level, priority setting and programme design at the regional level, enabling and supporting the work at the local level; ensuring that national standards are implemented at municipal/commune level by way of monitoring and quality checks; ensuring availability of services for vulnerable persons/groups and trafficked persons at regional/local level; backstopping the municipal referral bodies and intervene in non-routine/intricate cases; participate in the National Task Force on Human Trafficking, and in the NRM Working Group.

 

Members:         The Prefect, the Deputy Prefect, the Chairman of the Regional Council, the Mayor of the central Municipality of the Qark, the Regional Office of the State Social Services, the Regional Employment Office, the Regional Police Directorate incl. Anti-Trafficking Police, the Regional Director of the State Informative Service, the Regional Education Directorate, the Regional Public Health Directorate, the Social Assistance and Protection Offices (incl. CPUs) in Municipalities and Communes, the District’s Prosecution Office, as well as NGOs.

 

 

Municipality/Commune Level:

 

Social Assistance Offices/Protection Units

Task:               Ensure identification, referral and assistance of at-risk persons and trafficked persons, as appropriate; manage individual cases and maintain case files; chair the local multi-disciplinary group / local referral mechanisms and liaise with all members, ensure development of local referral SOPs, convene regular and ad hoc meetings; liaise with other Social Assistance and Protection Units, and with Regional Committees and Responsible Authority; regularly report to the Responsible Authority and Regional Committees/ONAC according to agreed mechanism and refer problem or non-routine cases to the appropriate level (RCAT and/or RA);

represent the municipality/commune in Regional Anti-Trafficking Committees

 

Members:         Focal Point(s) for child protection, gender equality, domestic violence, human trafficking; as well as at least one social worker (case worker) in each municipality/commune

 

Multi-disciplinary Group/ Local Referral Mechanism

Task                Monitor the situation and identify at risk groups and trafficked persons, coordinate preventive and/or protection measures, assistance and support, provide services in member’s sphere of competence, meet regularly, and as necessary, to discuss problem cases, draft/review local SOPs

Members:         Social Assistance and Protection Offices, police, prosecutors, health workers, social workers, educators, employment offices, labour inspectors, NGOs, etc

 

Annex II - Domestic Legislative Framework on which Strategy is based:

 

Primary Legislation

 

• Law no. 7895, date 27.01.1995 “On the Penal Code of the Republic of Albania”;

• Law no. 8733, date 24.01.2001 “On some additions and amendments to the Penal Code”;

• Law no. 8920, date 11.7.2002, “On the ratification of the United Nations Convention against Transnational Organized Crime and its two supplementing protocols”;

• Law no. 9188 12.02.2004, additions to the Criminal Code has introduced the criminal offence of trafficking in women and trafficking in minors. The law introduces new definitions for trafficking offences in line with the Palermo Trafficking Protocol;

• Law no. 9187, date 12.02.2004 “On Amendments to the Penal Procedure Code regarding the use of the special investigative means such as: interceptions, infiltrated agents, etc., used for the investigation of organized crime including trafficking in persons;

• Law no. 9205, date 15.03.2004 “On Protection of Witnesses and Collaborators of Justice”;

• Law no. 9284, date 30.9.2004 “On Preventing and Striking at Organized Crime”, which provides the penal sanctions as well as the asset confiscation of the criminals;

§         Law no. 9355, dated 10. 03. 2005 “On Social Assistance and Services”. By this law, 

§         the municipalities have the authority to finance NGO services with revenues from the central budget;

• Law no. 9509, date 03.04.2006 “On the Moratorium of vessels and boats”;

• Law no. 9544, date 29.05.2006 “On the ratification of the Agreement between the Council of Ministers of the Republic of Albania and the Government of the Republic of Greece, on the Protection and Assistance of Children Victims of Trafficking”;  

§         Law no. 9642, date 20.11.2006 “On ratification of the Council of Europe Convention “On Action against Trafficking in Human Beings”;

• Law No. 9668, date 18.12.06, “On Migration of Albanian Citizens for Motives of Employment”. Several articles of this law deal with the prevention of trafficking in human beings and facilitate re-integration in the employment market;

§         Law no. 9686, date 26.02.2007 “On Amendment to Article 298 of Penal Code” Assistance for Illegal Borders Crossing”; 

• Law no. 9833, date 22.11.2007 “On the adhering of Republic of Albania in the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict”;

• Law no. 9834, date 22.11.2007 “On the adhering of Republic of Albania in the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography”;

§         Law no. 9749, dated 04. 06. 2007 “On State Police”

• Law no. 9859, date 21.01.2008 “On some supplements and amendments to the Penal Code” the articles added are Article 124/b, ”Ill-treatment of children” that among others criminalizes the phenomenon of child exploitation for forced labour, begging, and other forced services; the paragraph that was added in article 117 “Pornography” regarding the pornography of minors as well as adding in article 128/b “Trafficking in children” that criminalizes by law not only the recruitment, hiding, reception of children but also their selling;

 

Secondary legislation:

 

§         Council of Ministers’ Decision no. 171, date 11.02.2005 “On the Approval of the National Strategy against Trafficking in Children and the Protection of Child Victims of Trafficking, and an Annex to the Decision no. 8, dated 5.01.2002 of the Council of Ministers, “On the Creation of State Committee for the Fight against Trafficking in Human Beings”;

§         Council of Ministers’ Decision no. 564 dated 12.08.2005, “On Licensing Social Service Providers”;

§         Council of Ministers Order no, 25, date 22.2.2005 “On the Approval of Plan of Action for the period 2005-2007 in compliance with the National Strategy for the Fight Against Trafficking in Human Beings”; 

§         Cooperation Agreement, date 18.07.2005 to Establish a National Referral Mechanism for the Enhanced Identification of and Assistance to Victims of Trafficking Between Ministry of Labour and Social Affairs/ General Directorate of State Social Services, National Reception Center for Victims of Trafficking, Ministry of Public Order/ General Directorate of State Police, Ministry of Foreign Affairs/ Consular Directorate, “Vatra” Non-Profit Organization, Vlora, “Tjeter Vizion” non-Profit Organization, Elbasan and International Organization for Migration-Tirana

§         Council of Ministers’ Order no. 203, date 19.12.2005 “On the Functioning of the Anti trafficking Unit”;

§         The Minister of Interior’s Order no. 282 date 13. 02. 2006 “On Installation of Toll-free Phone Numbers for Denouncing Corruption and the Procedures for Carrying out this Activity in the Structures of Ministry of Interior for the Directorate of Internal Control”;

§         Ministry of Education and Science Guideline no. 6, dated 29.03.2006 “On registration of Roma children at school who do not have birth certificates”;

§         Prime Ministers Order no. 139, date 19.06.2006 “On the Establishment of the Regional Anti-trafficking Committees;

§         Joint Order no 1192, date 19.05.2006 of the Minister of Interior, Minister of Foreign Affairs and Minister of Labor, Social Affairs and Equal Opportunities on the establishment of Responsible Authority for the National Referral Mechanism;

§         Cooperation Agreement of the Joint Technical Team, September 20th 2006, “On Child Rights” between representatives of the state institutions (Ministry of Interior, MOLSAEO, Ministry of Education and Science, People’s Advocate), NGOs and donors who are committed to the protection and respect of child rights;

§         Decision of the Council of Ministers no. 632 “On the employment of the job seeking unemployed women”;

§         Order no. 645 dated 20.03.2006 “On Priorities of Employment Promotion Program for 2006”;

§         Order no. 782, dated 04.04.2006 “On Tariffs of Professional Formation System”;

§         According to this Order, certain groups of people, including trafficked women and girls, are exempt from paying registration tariffs to attend professional training courses for unemployed jobseekers registered in employment offices;

§         General Director of Police Duty Order no. 714 dated 03.11. 2006 “On procedures carried out with the Albanian and foreign citizens returned from other countries”. It outlines the duties of officers from Border and Migration Police and the Sector for the Fight against Illegal Trafficking in handling returned persons, identified as victims of trafficking, and the measures to be taken;

§         Council of Ministers’ Decision no. 195, date 11.04.2007, “Standards of Social Services for Trafficking Victims or at Risk of Trafficking Persons in Residential Care”;

§         General Directorate of State Police Duty Order no. 871, dated 27. 12. 2007 “On procedures to be carried out for the interviewing of foreign and Albanian nationals returned from other countries”;

§         General Directorate of State Police Duty Order no. 865, date 26.12.2007 “On the data entry on the database for victims of trafficking”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Glossary of Abbreviations

 

Glossary of abbreviations used in the National Strategy and Plan of Action on Combating Trafficking in Persons:

 

SCFTHB        State Committee for the Fight against Trafficking in Human Beings

ONAC                        Office of the National Coordinator on Anti-trafficking

MoI                 Ministry of Interior

MoLSAEO     Ministry of Labour, Social Affairs and Equal Opportunities

MoES              Ministry of Education and Science

MoJ                 Ministry of Justice

MFA               Ministry of Foreign Affairs

MoH               Ministry of Health

MTCYS          Ministry of Tourism, Culture, Youth and Sports

MF                  Ministry of Finance

MAFCP          Ministry of Agriculture, Food and Consumers Protection

SSS                  State Social Services

AASCA           Agency for the Administration of the Sequestrated and Confiscated Assets

GPO               General Prosecutor’s Office

HCJ                High Council of Justice

SC                   Supreme Court

SCC                 Serious Crimes Court

SIS                   State Intelligence Service

ASP                 Albanian State Police

RA                   Responsible Authority

NRM              National Referral Mechanism

TRM               Transnational Referral Mechanism

ICITAP          International Criminal Investigative Training Assistance Program

PAMECA       Police Assistance Mission of European Commission in Albania

NGO              Non-governmental Organization

IO                   International Organizations (UNICEF, CAAHT, ILO-IPEC, etc)

RCAT             Regional Committees on Antitrafficking

CPU                Child Protection Units

CAAHT          Coordinated Actions against Human Trafficking

USAID            United States Agency for International Development

OSCE             Organization for Security and Cooperation in Europe

IOM                International Organization for Migration

UNICEF        United Nations International Children’s Fund

UNODC        United Nations Office on Drugs and Crimes

ILO                 International Labour Organization

UNDP            United Nations Development Program

TdH                Terre des Hommes

SC                   Save the Children

WV                  World Vision

NATCS          National Antitrafficking Coalition of Shelters

CGC                Counseling Groups in Community

CBO               Community-based Organizations

BKTF             Together against Child Trafficking

ATSH             Albanian Telegraphic Agency

PEA                Private Employment Agency

NPF                Help for Children (Ndihmë për Fëmijët)