National Action Plan for the Socio-Economic Re-Integration of Women and Girls Victims of Trafficking in the Republic of Albania

Transcription

1 R E P U B L I K A E S H Q I P Ë R I S Ë MINISTRIA E PUNËVE TË BRENDSHME National Action Plan for the Socio-Economic Re-Integration of Women and Girls Victims of Trafficking in the Republic of Albania

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3 R E P U B L I K A E S H Q I P Ë R I S Ë MINISTRIA E PUNËVE TË BRENDSHME National Action Plan for the Socio-Economic Re-Integration of Women and Girls Victims of Trafficking in the Republic of Albania

4 This publication has been produced by the International Organization for Migration (IOM), under the project "EIDHR / 2013 / : Preventing and addressing violence against women and girls in Albania", implemented by UN Women Albania and supported financially by European Commission. The opinions and views expressed in this publication do not necessarily represent the views of the International Organization for Migration or UN Women Albania. Tirana, February 2016 Edited by: Lisena Gjebrea Published by: by: Pegi This project is financed by the European Union

5 Contents ABBREVIATIONS... 4 Acknowledgments... 6 A. INTRODUCTION... 7 a) Meaning of re-integration... 7 b) A brief outline of the socio-economic context in Albania... 8 c) Scope of the Action Plan... 9 B. METHODOLOGY a) Human rights-based approach b) Benchmarks: Strategic Framework, International Law and National Legislation C. THE ACTION PLAN a) Components b) Socio-economic reintegration of women and girls VoT/PVoT: general observations c) Economic Empowerment Enjoyment of property rights Employment Micro-Enterprise support d) Housing Social Housing Programs in Albania e) Education f) Social Care services BIBLIOGHRAPHY

6 ABBREVIATIONS AIDA AT CM CRC D&E DCM EC EU IOM MoEDTTE MoSWY MoU NBS NCATS NES NGO NRCVT NRM ONAC PVoT RA SSS THB UN UNICEF UN Women VoT YAPS Albanian Investment Development Agency Anti-trafficking Council of Ministers Convention on the Rights of the Child Different and Equals Decision of Council of Ministers European Commission European Union International Organization for Migration Ministry of Economic Development, Tourism, Trade and Enterprise Ministry of Social Welfare and Youth Memorandum of Understanding State Agency for the Promotion of Social Business National Coalition of Anti-trafficking Shelters National Employment Service Non-governmental organisation National Reception Centre for Victims of Trafficking National Referral Mechanism Office of the National Coordinator Against Trafficking in Human Being Potential victim of trafficking Responsible Authority State Social Service Trafficking in Human Beings United Nations United Nations Children s Fund United Nations Entity for Gender Equality and the Empowerment of Women Victim of trafficking Youth Albania Professional Services 4

7 DECISION No: 115, date: AS ADDITION TO COUNCIL OF MINISTERS DECISION N.663, DATED ON THE ADOPTION OF THE CROSS-CUTTING STRATEGY OF THE FIGHT AGAINST ORGANISED CRIME, ILLICIT TRAFFICKING AND TERRORISM, AND ACTION PLAN Based on Article 100 of the Constitution and the proposal of the Minister of Interior, the Council of Ministers DECIDED: 1. In the Annex entitled The Strategy of the Fight against Trafficking in Human Beings and the Action Plan, , which is attached to Council of Ministers Decision no. 663, dated , in section 2 Strategic Goal, of Part two Protection, of the Action Plan of the Strategy on the Fight against Trafficking of Human Beings, after point 2 (c) another point is added point 2 (ç) specific objective, The Action Plan on the socio-economic re-integration of girls and women as victims of trafficking, in accordance with the text attached to this decision. 2. The Ministry of Interior, Ministry of Health, Ministry of Education and Sports, Ministry of Social Welfare and Youth, Ministry of Finance, Ministry of Urban Development and the Ministry of Economic Development, Tourism, Trade and Enterprise are tasked with the implementation of this decision. This decision enters into force after its publication in the Official Gazette. PRIME MINISTER EDI RAMA 5

8 Enslave the liberty of but ONE human being and the liberties of the world are put in peril William Lloyd Garrison Acknowledgments This document is an integral part of the National Strategy Against Trafficking in Human Beings in Albania ( ) and its Action Plan 1. It has been prepared on behalf of the Government of Albania by the Office of the National Coordinator Against Trafficking in Human Beings (ONAC), with the participation of anti-trafficking structures, representatives of line ministries, experts in trafficking in human beings, and the contribution of NGOs working with victims of trafficking. The expertise and technical assistance for the preparation of the draft have been provided by the Project Preventing and Addressing Violence against Women and Girls in Albania, as part of the programme Preventing and addressing violence against women and girls in Albania, Mexico and Timor Leste funded by the European Union (EU) under the European Instrument for Democracy and Human Rights (EIDHR), and implemented by the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women), in partnership with the United Nations Development Programme (UNDP) and the International Organization for Migration (IOM). Mrs Dajena Kumbaro, IOM Consultant, worked on the drafting and preparation of the Action Plan in a consultation process with all various stakeholders through participation in three round tables and individual interviews. Special thanks go specifically to the staff of the Psychosocial Center VATRA, Different & Equal (D&E), Tjetër Vision (Another Vision) and the National Reception Centre for victims of trafficking, for providing their valuable inputs and supporting with the identification of the beneficiaries in the reintegration phase to be interviewed. Last but not least, our special thanks go to beneficiaries for their trust and for providing their contributions, sharing with us their suggestions based on their individual experiences, on how to improve re-integration services and better serve to a sustainable re-integration process of survivors, victims of trafficking. 1 Approved by Decision of Council of Ministers (DCM) No. 814, dated

9 A. INTRODUCTION 1. The requirement to develop the Action Plan on the Socio-Economic Re-integration of women and girls Victims of Trafficking (VoT) and Potential Victims of Trafficking (PVoT) 2 derives from the National Strategy Against Trafficking in Human Beings (hereinafter Anti Trafficking Strategy). The Strategy provides that action should be taken to draft an action plan on the re-integration of VoT and PVoT 3 and highlights that some of its goals in relation to reintegration assistance to trafficked persons are largely dependent on a range of sector and cross-sector policies, including in the fields of education, employment, social inclusion and social protection, development and integration, gender, domestic violence, child protection and anti-discrimination 4. a) Meaning of re-integration 2. Re-integration as such is not defined in international treaty law. It usually relates to action taken in the framework of preventive measures against re-trafficking or trafficking, or assistance measures to VoT 5. To illustrate, the European Convention on Action Against THB requires State Parties, including Albania, to take measures to assist victims in their physical, psychological and social recovery, taking account of the victim s safety and protection needs, in cooperation with NGOs and other organisations engaged in assistance to victims. This assistance must be provided on a consensual and informed basis on the part of the VoT, taking account of the special needs of persons in a vulnerable position, as well as children, and it must not be made conditional on the victim s willingness to act as a witness (Article 2 The terms which will be used in the current Action Plan reflect those used by the Anti-trafficking Strategy. The Standard Operating Procedures for the Identification and Referral of Victims of Trafficking and Potential Victims of Trafficking (SOP), Ministry of Interior, approved by Decision of Council of Ministers (DCM) No. 582, dated provide the following definitions for these terms, namely: Victim of trafficking in human beings (VoT): According to letter e of article 4 of Law No. 9642, dated On the ratification of the Council of Europe Convention On measures against trafficking in human beings is the person target of trafficking in human beings. Potential victim of trafficking in human beings (PVoT): This shall be the person on whom the agencies/institutions responsible for initial identification deem that they may have been trafficked. 3 See Anti-trafficking Strategy Strategic Goal no. 3 is formulated as follows: Foster the return and reintegration and social inclusion of minor and adult trafficked persons (potential victims of trafficking and victims of trafficking) and reduce the risk of trafficked persons to be re-victimized and re-trafficked, or to turn into traffickers Under this Goal, specific objective no. 3 (b) provides: To strengthen the provision of long-term assistance programmes aimed at the reintegration and social inclusion of adult and minor potential victims of trafficking and victims of trafficking, in accordance with their individual needs and in line with SOPs. Actions to achieve this objective, foresee inter alia the drafting of a multi sectorial action plan on socio-economic re-integration of VoT and PVoT. 4 See Anti- Trafficking Strategy See for example Council of Europe Anti-Trafficking Convention, Albania is Party to the United Nations (UN) Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (both of which it ratified in 2001) 7

10 12). The Convention also establishes that the assistance to victims of THB must include appropriate and secure accommodation. 3. Re-integration is a process. The situation when a woman or a girl who has survived trafficking and has decided to settle in a community, either returns to her family and her former community, is usually referred to as reintegration. Alternatively, the situation in which a woman or a girl decides to live in a new city, or environment, is defined as integration 6. One definition of the term re-integration is the following: re-integration is the process of inclusion and re-building relationships within a community in the country of origin at four levels: physical, socio-economic, socio-political and cultural 7. Re-integration is also defined as the process of recovery and economic and social inclusion following a trafficking experience. It includes settlement in a stable and safe environment, access to a reasonable standard of living, mental and physical well-being, and opportunities for personal, social and economic development and access to social and emotional support. A central aspect of successful re-integration is that of empowerment, supporting victims to develop skills toward independence and self- sufficiency and to be actively involved in their recovery and re-integration 8. b) A brief outline of the socio-economic context in Albania 4. The process of socio-economic re-integration of women and girls largely depends on the general social, economic and political conditions in the country. Following a lengthy period of rapid economic growth, the Albanian economy has recently experienced the effects of the global economic crisis9. Economic growth began to fall from a rate of 3.7% in 2010, to 2.5% in 2011 and 1.6% in Towards the end of 2013, economic growth turned negative before recovering in early 2014 with a growth of GDP of 1.65% on an annualised basis during the first quarter of Expectations of future economic growth are lower than in the past. The value of net remittances is estimated to have been about 9% of GDP in The impact is significant, in a situation when one-fifth of households in Albania are deemed to receive remittance incomes. Remittances have been falling in recent years, not just as a proportion of GDP, but also in absolute value as Albanian migrants living abroad have been 6 See Surtees, R. (2006) Re-integration programmes in SE Europe A background paper for the King Baudouin Foundation. Brussels: KBF, see also Surtees, R., Monitoring anti-trafficking re-integration programmes. A manual, 2010, NEXUS Institute, Washington. 7 International Journal of Refugee Law, Volume 13, Oxford University Press, Reintegration of victims of trafficking should be differentiated from the repatriation process. Repatriation refers to the process of recovering the protection of the country of origin within the legal and social dimensions that citizenship implies. 8 See Surtees, R. (2006) Re-integration programmes in SE Europe a background paper for the King Baudouin Foundation. Brussels: KBF, see also Surtees, R., Monitoring anti-trafficking re-integration programmes. A manual, 2010, NEXUS Institute, Washington 9 See for a summary of the economic context the Draft National Social Protection Strategy , prepared by MOSWY. 10 National Bank of Albania, Monetary Policy Report, Q2, 2014, p National Bank of Albania, Monetary Policy Report, Q2, 2014, p.7 12 European Commission, DG ECFIN, Economic and Financial Assessment, 2013, p. 12 8

11 affected by the global economic crisis, and, as a result, many have lost their jobs and returned home Another factor influencing re-integration interventions is related to informal employment as a widespread phenomenon in Albania 14. Informal employment is important to the welfare of many households; however, it is also significantly linked to low income, poverty, and vulnerability. 15 Furthermore, the re-integration of women and girls returning from a trafficking experience is deeply affected by regional inequalities, with the central region having the highest level of GDP per capita and the north region the lowest Generally speaking, women in Albania play an important role in two main sectors of the economy: services and agriculture 17. However, figures indicate that during the last three months of 2014, there has been an increase by 1.5 % of women unemployment 18. c) Scope of the Action Plan 7. This Action Plan covers the socio-economic re-integration aspect of women and girls VoT and PVoT in the fields of: a) economic empowerment, i.e. property rights; employment; and vocational training; b) housing; c) education and d) social care. 8. The reintegration of victims of trafficking is multidimensional. First and foremost, taking action towards achieving re-integration means attempting to breaking up the cycle of trafficking, human exploitation and slavery. It is not simply a process towards the realisation of socio-economic rights. Indeed, it is a process of ensuring and guaranteeing the right to protection of women and girls from being subjected again to multiple breaches of their fundamental human rights, such as the right to be free from torture, inhuman and degrading treatment, or the prohibition of slavery, servitude and forced or compulsory labour 19. The protection of these fundamental human rights is a State responsibility; they are absolute in nature and allow for no derogation 20. Needless to say, when the root causes that led to 13 See the Draft National Social Protection Strategy , prepared by MOSWY. 14 See the Draft National Social Protection Strategy , prepared by MOSWY, according to which using different methods of estimation, it has been calculated that over the period , the informal economy made up between 14 and 38% of GDP: Boka, M. and Torluccio, G. (2013) Informal economy in Albania, Academic Journal of Interdisciplinary Studies, 2(8): INSTAT, Labour Market Dynamics, , Tirana: INSTAT, p INSTAT, Gross Domestic Product according to Statistical Regions in Albania, 2012, Press Release, 31/7/2014. In South Region, GDP per capita in 2012 was around 8.5% below the national average. In 2012, the highest level of GDP per capita at prefecture level was in Tirana at 41% above the national average. The second most prosperous prefecture was Fier (13 % above average), followed by Durrës (4.5% above average). The GDP per capita of all the other prefectures was below the national average. The lowest was in Dibër (33% below average), followed by Kukës (30.5% below average) and Korça (30% below average). 17 Albania s economy is dominated by the service sector, followed by agriculture which continues to be the largest employer Maria Elena Ruiz, Abril, Getting Economic Policies Right for Women in Albania: Policy Issues and options for Women s Economic Empowerment A Policy Issues Paper, UNWOMEN See INSTAT labour force survey for the last three months of See Article 3(a) of the Palermo Protocol, Article 4(a) of the Anti-Trafficking Convention, Article 4 of the European Convention on Human Rights. 20 See for more information the section on human rights approach. 9

12 trafficking are not addressed, there is a considerable high risk of re-trafficking, revictimisation and exploitation. 9. The successful reintegration of victims of trafficking depends on a wide range of factors and situations, including the person s individual profile, the environment into which she is to reintegrate, the different support mechanisms for re-integration, the role of the state, civil society and local communities 21. It has been suggested that some criteria for determining whether an individual has been successfully re-integrated socially and economically are the following: 1) safe and affordable housing or accommodation, 2) legal status, 3) professional/employment opportunities, 4) education and training opportunities, 5) security and safety, 6) healthy social environment (including anti-discrimination and antimarginalisation), 7) social well-being and positive interpersonal relations, 8) economic wellbeing/viability, 9) access to services and opportunities, etc. 22. B. METHODOLOGY 10. The Methodology for the drafting of the Action Plan included the following steps: (1) a desk review consisting of the collection and analysis of a vast number of documents, which were identified and requested by IOM, and supplemented by the consultant; (2) the identification of stakeholders and their roles in the socio-economic integration and women and girls VoT/PVoT; (3) interviews with authorities, UN Organizations, NGOs and VoT in person; (4) the validation of the methodology and consultation rounds to discuss gaps and interventions; (5) the analysis of all information and data sources; and (6) the presentation of the action plan/recommendations to IOM. 11. The desk review covered the applicable Albanian legislation; international treaties (Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings; European Court of Human Rights (ECtHR) standards related to THB; IOM reports and guidelines, manuals on integration of VoT; previous gap analysis on standards and practices; National Strategies and Plans of Action to combat and prevent THB; Periodical Reports and Evaluations of the Office of the National Coordinator; minutes of the meetings of the National Referral Mechanism (NRM) and the Responsible Authority (RA); works/jurisprudence of UN and Council of Europe anti-trafficking bodies; NGO reports, including publications of NEXUS Institute. 12. Questionnaires were prepared and interviews conducted with various stakeholders, namely with the Deputy Minister of the Interior/National Co-ordinator against Trafficking in Human Beings; representatives of IOM, UNWOMEN, UNDP, UNICEF, UNHCR, involved with THB and violence against women and girls; representatives of the National Anti-Trafficking 21 For more information see Surtees, R., Monitoring anti-trafficking re/integration programmes. A manual 2010, NEXUS Institute, Washington, see also in general IOM HANDBOOK on Direct Assistance for Victims of Trafficking. 22 For more information see Surtees, R., Monitoring anti-trafficking re/integration programmes. A manual 2010, NEXUS Institute, Washington, see also in general IOM HANDBOOK on Direct Assistance for Victims of Trafficking. 10

13 Task Force; representatives of the NRM and of the Responsible Authority and Regional Anti-Trafficking Committees; representatives from the Albanian Office of Children s Rights Agency; girls and women VoT who have benefited from integration programs; D&E, Vatra, Tjetër Vizion (Another Vision), NBS, AIDA, YAPS, etc. 13. Validation of methodology and consultation Three consultative round tables with stakeholders were organised to discuss the methodology, identify gaps, and discuss proposals for interventions. The process of assessment and identification of gaps in legislation, procedures and practice was participatory, and reflects the views of all stakeholders. Stakeholders put forward proposals for interventions at the end of each round table. a) Human rights-based approach 14. The human rights-based approach 23 is evident in the Strategy Against THB, and it is the approach guiding this Action Plan. THB constitutes an offence to the dignity and fundamental freedoms of the human being and thus a grave violation of human rights. This has been confirmed by the ECtHR in its judgment in the case of Rantsev v. Cyprus and Russia 24, where the Court concluded that THB within the meaning of Article 3(a) of the Palermo Protocol and Article 4(a) of the Council of Europe Convention on Action against Trafficking in Human Beings, falls within the scope of Article 4 of the European Convention on Human Rights (which prohibits slavery, servitude and forced or compulsory labour). The Court further concluded that Article 4 entails a positive obligation to protect victims or potential victims, as well as a procedural obligation to investigate trafficking. 15. Human rights most relevant to trafficking 25 are: a. The prohibition of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or status; b. The right to life; c. The right to liberty and security; d. The right not to be submitted to slavery, servitude, forced labour or bonded labour e. The right not to be subjected to torture and/or cruel, inhuman, degrading treatment or punishment; f. The right to be free from gendered violence; 23 A human rights-based approach is a conceptual framework for dealing with a phenomenon such as trafficking that is normatively based on international human rights standards and that is operationally directed to promoting and protecting human rights. Such an approach requires analysis of the ways in which human rights violations arise throughout the trafficking cycle, as well as of States obligations under international human rights law. It seeks to both identify and redress the discriminatory practices and unjust distribution of power that underlie trafficking, that maintain impunity for traffickers and that deny justice to their victims. See Office of the High Commissioner for Human Rights, UN, Human Rights and Human Trafficking: Factsheet No. 36, at 24 Rantsev v. Cyprus and Russia, no /04, ECHR 2010, paragraph See Office of the High Commissioner for Human Rights, UN, Human Rights and Human Trafficking: Factsheet No. 36, at 11

14 g. The right to freedom of association; h. The right to freedom of movement; i. The right to the highest attainable standard of physical and mental health; j. The right to just and favourable conditions of work; k. The right to an adequate standard of living; l. The right to social security; m. The right of children to special protection. b) Benchmarks: Strategic Framework, International Law and National Legislation 16. The Action Plan takes into consideration and is complementary to various strategies and action plans which have consequences to the socio-economic re-integration of women and girls VoT and PVoT. Such strategies and action plans include the National Strategy against THB , the Strategy on Gender Equality and Domestic Violence, the Strategy on Employment and Skills ( ); the draft Strategy on Social Protection ; the Action Plan on Women Entrepreneurship ( ), etc. 17. The benchmarks against which gaps are assessed and interventions are proposed take into consideration the international law on THB, IOM guidelines, UN agencies, GRETA reports, as well as practices, studies and reports produced by authoritative organisations, such as NEXUS Institute At the international level, Albania is Party to the United Nations (UN) Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (both of which it ratified in 2001), and to the Council of Europe Convention on Action against Trafficking in Human Beings. Albania is also Party to a number of other international treaties relevant to action against THB, in particular the European Convention on Human Rights, UN Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, Convention on the Elimination of Discrimination Against Women, etc. 19. In accordance with the Stabilisation and Association Agreement (SAA), Albania is in the process of approximating its legislation to the acquis communautaire in the field of combating THB, in particular with the Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims; Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, and who co-operate with the competent authorities; Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims; and Framework Decision 2001/220/JHA of 15 March 2001 of the Council of the European Union on the standing of victims in criminal proceedings. 26 See below the section on methodology. 12

15 C. THE ACTION PLAN a) Components 20. As previously mentioned, this Action Plan is an integral part of the Strategy against THB, and covers the following areas of the socio-economic re-integration of women and girls VoT and PVoT, namely: a) economic empowerment, i.e. property rights; employment; and vocational training; b) housing; c) education; and d) social care services. 21. The document includes a Narrative part explaining the context and meaning of each of the above areas, and a Matrix which outlines the objectives, outcomes, actions, baseline information, indicators to measure progress of the intervention or action, responsible institutions and timeline. The Matrix is organised in five parts. Part I includes a cross cutting section on General Measures, which are relevant to all areas and addresses all aspects of the socio-economic re-integration 27. Parts II to V cover the areas outlined above in paragraph 20. b) Socio-economic reintegration of women and girls VoT/PVoT: general observations 22. At present, there is no comprehensive quantitative and qualitative baseline study on the socio-economic re-integration of women and girls in Albania. However some information is available with the ONAC and can be retrieved from its annual reports to the Anti-trafficking Strategy, the GRETA Country report, NGOs working with VoT/PVoT, studies conducted by IOM, etc. According to ONAC, there were 108 new cases of women and girls VoT or PVoT 28 in The majority come from poor regions, both urban and rural, mainly from Tirana, Durrës, Elbasan, Shkodra, Berat, Vlora, Korça, etc. 29. Their level of education is a matter of serious concern, with a large number of women and girls having only completed basic education (eight to nine years of schooling). Some women and girls have fewer than four years of formal education. Only a few have completed, or are in the process of completing high school, and one or two are in the process of completing their university studies 30. Furthermore, their housing situation is very problematic: they either did not have a parental house, or did not consider the family house as theirs, or were not allowed to live therein 31. Almost all trafficked women and girls tell a story of domestic violence, in the form 27 Please notice that the costing of this Action Plan will be carried out when costing of the entire anti-trafficking strategy will be revised. 28 Figures provided by ONAC. 29 Information gathered from NGOs (Different and Equals, Another Vision, Vatra and the National Reception Center. See also Profile of the situation of trafficking victims and efforts for social inclusion, United Nations Programme Support to Social Inclusion in Albania, prepared by Valbona Lenja, January 2015.Their age ranges from 5 to 25 years old, the majority of whom are under 18 years of age. 30 Data collected from NGOs, such as Another Vision, Different and Equals and Vatra, as well as from the NRCVT. 31 See Profile of the situation of trafficking victims and efforts for social inclusion, United Nations Programme Support to Social Inclusion in Albania, prepared by Valbona Lenja, January

16 of physical, psychological, emotional abuse, parental neglect and extreme poverty 32. As such, their re-integration into the families, community and the society is a challenging process and requires targeted and careful interventions from anti-trafficking stakeholders. c) Economic Empowerment 23. Economic empowerment for women and girls VoT and PVoT is of paramount importance. It is a crucial factor into confronting the probable root causes of trafficking: poverty and lack of economic means. Empowerment can be described as a process through which an individual can develop his/her ability to stand independently, make his/her own decisions and show control over his/her life 33.The World Bank defines women s economic empowerment as making markets work for women and empowering women to compete in markets (World Bank, 2007) UN in Albania views women s economic empowerment as a process that has at its core two dimensions: resources and opportunity. These range from tangible assets such as financial resources (income, savings and loans) and physical resources (land, housing, technology) to intangible assets such as skills, technical expertise, and social standing. But even when women are equipped with productive resources, this does not automatically mean that they are economically empowered. They must also have the opportunity to use those assets in any way that they choose. Opportunity refers to a woman s power to make and act on decisions that would allow her to obtain valuable outcomes from economic activity 35. With greater control and access to assets, a woman has more power to make decisions that will positively impact her well-being. At the same time, greater opportunities to make choices in relation to the economy would allow her to accumulate more resources to secure her sustained economic success To achieve the empowerment of women victims of trafficking, conditions have to exist for them to become economically and psychologically independent. This is subject to opportunities for work, education and training, and the way in which service providers work with victims. Women and girls must be encouraged to become active participants in the integration process. 26. It is also crucial to emphasise that empowerment interventions cannot be addressed in isolation. They should be viewed in conjunction with the overall actions and policies undertaken for the empowerment of women in general in Albania, as empowering women to participate in Albania s economy is one of the four goals of the National Strategy of Gender Equality and Gender Based Violence. 32 See also Needs assessment: Human Trafficking in the Western Balkans, IOM, 2014 pg Same conclusions are outlined in Profile of the situation of trafficking victims and efforts for social inclusion, United Nations Programme Support to Social Inclusion in Albania, prepared by Valbona Lenja, January Good practices in the EU on integration of VoT, pg Maria ElenaRuiz, Abril, Getting Economic Policies Right for Women in Albania: Policy Issues and options for Women s Economic Empowerment, A Policy Issues Paper, UNWOMEN See UN Action Plan for Women s Economic Empowerment in Albania, Ibid. 14

17 Enjoyment of property rights 27. It is recognized that access and ownership of land, and other real estate is one of the critical factors in women s economic empowerment. Property rights provide women with security, a base from which to produce, invest and create their businesses and improve their welfare. The impact of women s property rights (or their deprivation) goes beyond providing economic opportunities, and is a fundamental element for other aspects of women s empowerment and well-being 37. Studies show that de facto obstacles make women s access and ownership of land and other real estate, such as houses, or flats in Albania, extremely low. According to the different laws that regulate property rights in Albania, men and women have the same de jure rights to own land. However, registration of property under the name of the head of the household (male) is identified as one of the leading causes of women s low ownership of land in Albania 38. This has a number of other consequences for women who can be deprived of their property during marriage for example - since women are not registered as owners of a property, a man can sell and give away the property without the signature and consent of his wife. Even when women have the legal ownership of the property, they are pressured by their families to relinquish their rights in favour of male siblings and relatives in an attempt to preserve the property within the family 39. Employment Employment is perhaps the most important factor in the process of re-integration, enabling women to become financially independent and self-sufficient in the long-term. NGOs in Albania give initial employment advice and information on the local labour market, assistance with job searching, drafting of curriculum vitae, raising the awareness of private companies to hire VoT/PVoT, negotiating working conditions with potential employers, and providing a follow-up on the job. Some NGOs also advise women about labour legislation, their rights and responsibilities in the working environment. Existing employment promotion programmes 29. The following government programs 41 constitute positive measures to bridge gaps between socially-excluded individuals and marginalised group, comprising women and girls who have suffered from a trafficking experience: 1. Support to unemployed women Maria Elena Ruiz, Abril, Getting Economic Policies Right for Women in Albania: Policy Issues and options for Women s Economic Empowerment A Policy Issues Paper, UNWOMEN Ibid, p 8-9, referring to Stanley and Di Martino, See also Mandro, Arta, UN Women Study Women s property rights: An Analysis of the Legal Standards and Application in Practice. 39 Maria Elena Ruiz Abril, Getting Economic Policies Right for Women in Albania: Policy Issues and options for Women s Economic Empowerment A Policy Issues Paper, UNWOMEN 2012, p 8-9. See also Mandro Arta, UN Women Study Women s property rights: An Analysis of the Legal Standards and Application in Practice highlights aspects of the legal and factual state of women s property rights in Albania. 40 Employment and Skills Strategy and its Action Plan adopted by DCM No. 818, dated See Law No dated On the Promotion of Employment amended, and the by-laws for its implementation. 15

18 Under this programme, employers providing employment to marginalized female job seekers for at least one year, receive 100 per cent of the minimum wage for four months and 70 per cent of their part of social insurance contributions. In the case of two-year contracts, employers receive the minimum wage for six months and 85 per cent of their part of social insurance contributions. Similarly, in the case of three-year contracts, employers received the minimum wage for four months and 100 per cent of their part of social insurance contributions. The target groups included in the marginalized women would be previouslytrafficked women, women over 35 years of age, Roma women, disabled women and divorced women. 2. Support to the unemployed job seekers in difficulty 43 Under this programme, employers providing employment to job seekers for at least one year receive up to 100 per cent of the minimum wage for four months, and are reimbursed for 100 per cent of their part of social insurance contributions. Eligible beneficiaries are long-term unemployed persons, people receiving social assistance, people receiving unemployment benefits, year-olds who are entering the labour market for the first time, people over 45 years age who do not have any education higher than the secondary education or its equivalent, people with disabilities, Roma people, and returned emigrants. Unemployed job seekers, who are opposed to participating in this programme, will be removed from the list of unemployed job seekers and will not continue to receive financial aid or unemployment benefits. 3. On-the-job training for unemployed female jobseekers 44 Under this programme, employers who provide on-the-job training for unemployed job seekers are offered financial support in the form of training costs (up to 70 per cent of the cost). In addition, female jobseekers participating in the training sessions receive 50 per cent of the minimum wage for the duration of the training, which should not be more than 6 months. During the training period, the unemployed person s financial aid and unemployment benefits are interrupted, but they are entitled to recover them after the end of training, if not employed. The employer, at the conclusion of the training period, must employ not less than 50 per cent of the trainees, for a period of 6 months. This program does not address specific target groups. 4. Training of youth who have completed university education DCM No. 27, dated On the employment promotion programme for women and special-needs groups 43 DCM No. 48, dated On the employment promotion programme of unemployed job-seekers who are at difficulty 44 DCM No. 47, dated On the employment promotion programme through development at work 16

19 In this case, both employees and job seekers benefit from an amount equal to 100 per cent of the unemployment payment for six-month duration. The most suitable candidate is selected by the employer after meeting the criteria established for the position/vacancy. Unemployed job seekers, who refuse to participate in this program, will be removed from the list of unemployed job seekers. This program does not address specific target groups. 5. Support for unemployed persons with disabilities 46 Similarly, this programme also provides income support to registered unemployed job seekers who are disabled. Employers who provide employment to disabled job seekers for at least one year receive financial support covering up to 100 per cent of the minimum wage for the first six months and 50 per cent for the following six months. In addition, employers receive 100 per cent of their part of social and health insurance contributions and support for adapting the workplace according to the needs of the employee(s) with disabilities. After one year, the contract may be extended if the employment office approves funding for continuing these support measures. Victims of trafficking are also eligible for exemption from fees for vocational training courses, provided that they are registered as unemployed 47. Micro-Enterprise support 30. Access to loan and other sources of finance is essential for entrepreneurship and business development. Access to finance is essential for women to start up their businesses, and to strengthen and consolidate existing ones. It is also an important element in upgrading business to the formal sector 48. Small loans (micro-credits) are, therefore, an essential part of women s initiatives to set up their own business. Unfortunately, there is an important gap in this area in Albania, with small loans representing just over 2% of the financial market 49. It is crucial to analyze whether VoT and PVoT can, in practice, meet the criteria set out by the applicable legislation to benefit from and have access to start-up capital (see Matrix). 31. Micro-enterprise support has consistently been a component of IOM s programmes and donor support for VoT and PVoT in Albania. These programmes play an important role in the re-integration of victims of trafficking as they are provided with financial resources and training in entrepreneurial skills, to be able to follow the path of self-employment. By improving the financial situation of VoT/PVoT, their families benefit as well and jobs are possibly created for family members and local communities. 45 DCM No. 873, dated On the extent of financing, criteria and procedures for the implementation of vocation training programmes for unemployed jobseekers who have completed an undergraduate degree in Albania or abroad. 46 DCM No. 248, dated On the programme promoting the employment of disabled individuals. 47 Decision of the Council of Ministers on Vocational Training Fees, 4 April MoEDTTE (former METE), cited in UN Women, The Status of Women in Albania 49 METE, Business Development and Investment Strategy 17

20 32. However, efforts and programmes for successful micro-enterprise support depend on the business climate, the legislative environment, and the individual business skills of the woman or girl. The majority of the funding still comes from donor countries, usually destination countries. Recent programs of the Government aim at supporting women entrepreneurs with a Women s Fund and a Start-Up Fund 50. Despite these developments, it is yet unclear whether VoT and PVoT meet the formal criteria provided for in the legislation to benefit from these funds. The matter will require further evaluation, analysis and recommendations. Social Businesses 33. According to the 2014 National Report 51 on the development of social business in Albania, in order to curb poverty and address major disparities in the distribution of resources, building social business could be a vital option. Social businesses could focus on collecting, processing and providing the market for the sale of organic products with high quality. These economic activity could provide a solution for the poor residents of these areas, to provide them sustainable employment and growing incomes for their families, by economically empowering them. Arguably, women and girls victims of trafficking and their families who usually come from dire economic situations might benefit from such a solution. 34. The term social business usually refers to a business activity which addresses a social and environmental problem, in which revenues are not distributed but reinvested instead so as to improve the performance of social business or other social businesses 52. Albania does not have specific legislation regulating social businesses. The Law on non-for-profit organisations recognises the right of NGOs to carry out economic activity which serves the mission and the goals of the organisation 53. In 2011, the state-owned Agency "Promoting Social Business in Albania" (NBS) was established. Its mission is to help improve social protection policies of the Government, accountability processes, and improving cooperation between the public and non-public sector."social Business Promotion" and "Promotion of women in business are also included in the strategy for Business and Investment Development , as well as the Action Plan on Women Entrepreneurship According to information from D&E, Vatra and Another Vision, some women VoT/PVoT have already followed the option of creating social businesses. Although there are instances of successful female entrepreneurs, it is still too early to assess the success and the sustainability of such efforts, and to draw a final conclusion whether the path of social business is more a viable option than business enterprises. From a fiscal policy point of view, the only tax that does not apply to social businesses is the tax on revenues, as legally speaking in Albania social businesses as entities are NGOs performing an economic activity. 50 For more information visit 51 Ardita Bonatti, et.al.,nbs - Nxitja e Biznesit Social, Social Enterprise, Social Innovation and Social Entrepreneurship in Albania: A National Report, 2014, EFESEIIS 52 Article 3, Law 10376/2011 on the establishment of NBS 53 See Law 8788/2001, Article 2/4; amended by Law 92/2013, article 2/4/4/1 clarifying the conditions under which NGOs can perform economic activities. 18

21 36. During the consultation phase for the drafting of this Action Plan, some representatives of social businesses and of the NBS, stressed out, as an area of major concern, the current status of unfair competition among businesses. Suggestions were made that in order for a social business to survive in the Albanian economy, state aid would be crucial. The State, in pursuance of its role to tackle social problems and achieve social inclusion, should set up mechanisms so that social businesses receive, for instance, a small percentage of public work contracts. In the view of the representatives of social businesses, that would ease the State s (responsibility) burden of creating jobs for the most marginalised individuals, including for the VoT/PVoT. 37. An in-depth analysis of government policies and interventions on social businesses is an area which falls beyond the scope of this Action Plan. However, the anti-trafficking structures, as well as other relevant government structures tasked with the socio-economic re-integration of VoT/PVoT, will be following very closely any development which will have an impact on the process of economic sustainability and income-generating activities. d) Housing 38. Securing a safe and sustainable housing remains one of the most difficult aspects of integration, in particular for those women and girls who after a trafficking experience choose not to return home. Although NGOs assist women and girls to rent a small flat in the community they wish to settle, there are reports that women are often unable to conclude formal rental contracts with the owners. NGOs and donors pay for the rent, usually for a sixmonth period, or until such time when the woman finds long-term employment. In principle, women and girls VoT and PVoT should have access to social housing programs in Albania, if they meet the criteria provided for in the Albanian law (see below). Social Housing Programs in Albania 39. According to the Law no. 9232/2004 On Social Housing Programs (amended), these are programs which serve to accommodate families and individuals who due to their economic and social situation cannot afford what is offered by the property market or a mortgage instead. The law provides for three social housing programs: social housing for rent, lowcost (rent) housing, and the program of equipping land with infrastructure. In addition, the government has established the provision of subsidies on social rent, subsidized loans, small grants, and immediate grants that target specific groups 54. Beneficiaries of social housing programs should meet one of the following criteria: they are 18 years of age, they do not own a property; they own a living surface area that is below housing norms; or they may be homeless because of natural disasters (Article 4). The selection of beneficiaries is based on their housing conditions, family circumstances (single-parent families, families of more than four children, the elderly, young couples) as well as their social (people with disabilities, orphans, families of fallen officers, victims of domestic violence) and economic circumstances. Although victims of trafficking are not referred to as such by the law, 54 See UNDP, Social Housing in Albania, A situation Analysis, October 2014, prepared by Marsela Dauti. 19

22 however they could come under the categories of single-parent families, or victims of domestic violence. 40. The provision of social housing is a shared responsibility between the central government and local governments 55. The central government is responsible for the following: designing a ten-year housing program based on 10-year programmes of the local government units (LGUs) working on housing; planning the state budget on the support for annual housing programmes, determining the rules for the implementation of the program of low-cost housing; receiving information from LGUs on the administration of housing applications; developing a data inventory at the national level on: i) housing needs by social housing programs, ii) social housing inventory of properties for rent which are public property, iii) ensures physical and technical housing (for rent), iv) number of families housed under social housing programs, v) the necessary plots which need to be allocated/equipped with infrastructure so as to build residential housing, vi) the plots that are already equipped with infrastructure so as to build residential housing; determining the average annual cost of building housing units, in the framework of the programs of this Law, which is approved annually by instructions of the Council of Ministers; determining annually the criteria for investing or buying low-cost housing units, which are funded by the state budget and other funding sources; and overseeing investments on social housing, funded or co-funded by the government. Local authorities are responsible for the following: assessing housing needs in line with the programs drafted in the framework of this Law for the residents who come under their territorial jurisdiction; designing ten-year housing programs and three-year projects based on the financial sources they have; ensuring construction areas and the infrastructure needed in implementation of housing programs that are drafted on the basis of this Law; submitting requests to the Minister in charge of housing for funding, investments, and subsidies, according to this Law and based on annual information sent every July which includes the following: i) the number of families registered under social housing programs; ii) the number of families that have been dealt with in a year; iii) the income of the local government unit that will be used to cover social housing programs in the succeeding year and the amount of funds needed to be covered by the State Budget based on the ten-year housing program; iv) the areas/plots approved for the purposes of social housing programs; v) the rent level as approved by a decision of the council of the local government unit; create and administer at the local level the database on families that are eligible for housing as per the Law; determine the maximum costs allowed, within the limits determined by the Minister in charge of housing and the construction of housing, in line with this Law; building, administering, and maintaining social rented housing units; informing annually the Minister in charge of housing 55 According to Law No. 8652, dated On the Organization and Functioning of Local Governments, the provision of housing is a function that lies with local authorities. More specifically, article 72 specifies that local government units, municipalities and communes, shall be fully responsible to perform their own functions... in urban planning, land management and housing [among others]. 20