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Commissioner for the Protection from Discrimination

ALBANIA: Commissioner for the Protection from Discrimination

Main Informations

Overview

The Commissioner for the Protection from Discrimination (CPD) is the equality body in Albania, established since 2010, by the Law 10221/2010 "For the Protection from Discrimination", fully aligned/approximated with four European Directives in the field of non-discrimination. The CPD is a public legal person, independent in performing its duties, and the responsible authority to ensure effective protection from discrimination.

Brief history

The Assembly of the Republic of Albania approved the Law No. 10221/2010 “For the protection from Discrimination" (LPD), which entered into force on 13 March 2010. Upon approval of the LPD, the Assembly of the Republic of Albania approved the following acts for the establishment of the Office of the CPD:
- Decision no. 34, on 20.05.2010 of the Assembly of the Republic of Albania “On the approval of the structure, organizational structure and classification of the work positions of the Office of the Commissioner for protection from discrimination”. It provides for 23 employees.
- Decision 33/2010 on the election of the Commissioner. At present, by Decision no. 60/2018 of the Assembly of the Republic of Albania “On the appointment of the Commissioner for protection from discrimination”, Mr. Robert Gajda was elected as Commissioner. The Commissioner is elected by the Assembly for a 5-year mandate that may be renewed once.

The CPD is entitled to a number of powers: - First, the CPD powers aiming to offer assistance to the victims of discrimination following their complaints on alleged discrimination; - Second, the CPD powers aiming to conduct independent surveys related to discrimination; - Third, the CPD powers that aim at publishing the reports and providing suggestions about every issue that is related to discrimination; - Fourth, the CPD powers that aim at raising awareness.

Mandate type
  • Predominantly tribunal-type (quasi-judicial) body
Litigation powers
  • Representing in front of courts
  • Formally deciding on complaints (e.g. decision or recommendation addressed to the parties) legally binding
  • The CPD takes part in judicial processes in the quality of the defendant. In these cases the plaintiff may object to the court the Decisions of the CPD (including the decisions on Discrimination and those imposing sanctions by fine ) and ask for their cancellation. Assistance of the victims of discrimination to the court by the CPD as third/interested party in the process, related to cases which have been handled before by the CPD. The CPD asks the court for issuing the execution procedures of fines, imposed by the CPD.
Activities
201020112012201320142015201620172018
Activities aimed at supporting vulnerable groups (e.g. through trainings)noyesyesyesyesyesyesyesno
Activities aimed at supporting duty bearers such as employers and service providers (e.g. through trainings, guidance material, practical support, etc.)noyesyesyesyesyesyesyesno
Communication activities (e.g. awareness raising campaigns)noyesyesyesyesyesyesyesno
Recommendations on discrimination issuesnoyesyesyesyesyesyesyesno
Publications and reportsnoyesyesyesyesyesnoyesno
Research projects (including surveys)noyesnonoyesyesnonono
Our institution has a mandate to deal with:
  • Hate speech
  • In general, the CPD has a wide mandate to deal with as the protected grounds of discrimination, according to its organic law, are non-exhaustive. Also the fields and rights for which it offers protection. Regarding Violence against women, the CPD is not part of the “Mechanism for the Coordination of Work for the Referral of Cases of Violence in Family Relations and Ways of its Proceedings” but it has handled cases of discriminatory treatment of victims of violence from the services offered by this mechanism. Regarding UN Convention on the Rights of Persons with Disabilities (CRPD), the CPD is responsible for the implementation of the law 93/2014 “For the Inclusion and Accessibility of People With Disabilities” in accordance with the Convention on the Rights of Persons with Disabilities, in compliance with the obligations set out in law no. 10221/2010 "For the protection from discrimination".
Other statistics
201020112012201320142015201620172018
Number of inquiries handled per year (all contact even if not resulting in a formal complaint)41590166172180120166no data
Number of cases handled per year (case files opened and processed according to your procedures)118110181209288239209no data
Number of media appearances per year (major newspapers/magazines/websites/blogs, TV + radio channels) - does not include social media102235284042no datano datano data
Management
  • Single headed equality body (led by director or ombudsman/commissioner)
  • The CPD consists of 23 employees as approved by Decision no. 34, on 20.5.2010 of the Assembly of the Republic of Albania. It is headed by the Commissioner. The commissioner is supported by the Office of the Commissioner for Protection from Discrimination (office). The office has its personnel and necessary equipment to support the commissioner in fulfilling the duties assigned by law. The Assembly decides on the pay of the commissioner, the organisational structure and the classification of pay for the employees of the Office of the Commissioner for Protection from Discrimination. The employees of this office enjoy the status of civil servant. The Commissioner has his own independent budget, which is financed from the State Budget and from various donations.
Management details

The CPD is single-headed led by the Commissioner, which has under its authority an Advisor, a Secretary, three directories and one sector.

Additional details

The Directorate of Inspection and Investigation (Director + 4 inspectors): conducts investigations and inspections upon receipt of reliable information, verify facts; examine complaints; notify the subjects on the progress of the handling of the cases where the Commissioner imposes punishment by fine in cases of non-enforcement of the decision; control the execution of fines.
Public Relations Sector (one head+ 1 specialist) receives complaints, provides information on the procedure of their handling, in the field of protection of the individual’s rights and freedoms as well as publication of the held activities, holds and keeps the register to document all complaints filed to the Office of the Commissioner, informs the public to raise awareness about the law, develops and implements a strategy on public relations for CPD, keeps contacts with the media and promoting media as a tool in the fight against discrimination. Encourages equality in Albania, develops the social dialogue as well as updats the official website of the CPD are some other powers of this sector.
The Directorate of Legal, Procedural Affairs and Foreign Relations (Director + 5 specialists): drafts by-laws of CPD; monitors the consultation and approval of by-laws; prepares legal opinions, drafts reports/recommendations/studies of CPD, represents complainant in the court in civil proceedings, with his approval, sets out a written opinion at the request of the court, represents the CPD in court when its decisions are objected.
Directorate of Support Services is controlling, observing the law and regulations for the internal operations of the CPD; assisting CPD on matters related to staff recruitment, and monitoring and coordinating the activities to accomplish the procedure and plan the budgetary requirements of the Office of the Commissioner, procurement of budgetary funding and is responsible for operating and maintaining IT systems and the means of communication.

Procedure for nomination and appointment of management and board

Nomination of the CPD structure as well as election of the Commissioner is done by Decision of the Parliament of Albania.

Number of staff dealing with equality issues
201020112012201320142015201620172018
815151515151414no data
Grounds and fields of discrimination covered by the equality body
Grounds / FieldsEmploymentEducationHousingSocial Protection & HealthcareGoods & ServicesOther
Genderyesyesyesyesyes
Gender Identityyesyesyesyesyes
Race and Ethnic Originyesyesyesyesyes
Ageyesyesyesyesyes
Disabilityyesyesyesyesyes
Sexual Orientationyesyesyesyesyes
Religion & Beliefyesyesyesyesyes

Other grounds : Color, language, political, religious or philosophical beliefs, economic, education or social situation, pregnancy, parentage, parental responsibility, family or marital condition, civil status, residence, health status, genetic predispositions, affiliation with a particular group or for any other reason. The fields for which the Law 10221/2010 offers protection are: - Education - Employment - Goods and Services Housing, Social Protection & Healthcare are included in the area of Goods and Services according to this Law.

Mandate covers:
  • Public sector
  • Private sector
Operating budget in euros
201020112012201320142015201620172018
54798.52409238258.14268279708.17538252568.49315268125.26813273622.76541279802.66549 328596.00568311652.09527
Operating budget in euros for the parts of the organisation dealing with equality issues (all types of functions).
201020112012201320142015201620172018
no datano datano datano datano datano datano datano datano data
We are accountable to:
  • National Parliament
Back to European Directory of Equality Bodies

General Contact Information

Full name in English:

Commissioner for the Protection from Discrimination

Full name in the national language(s):

Komisioneri për Mbrojtjen nga Diskriminimi

Postal address:
Rr. "Sami Frasheri", Nr. 10, Kati II, Tiranë, Shqipëri / Albania
Website:

www.kmd.al

General email address:
info@kmd.al
Telephone number:

00 355 4 2431078

Other social media channels:

Facebook page: Komisioneri për Mbrojtjen nga Diskriminimi

Languages in which your institution can be contacted:

Albanian and English

Person of contact for media enquiries:

Ardiana HALA - Director

Name of the Head of the equality body:

ROBERT GAJDA - COMMISSIONER

Engagement with Equinet

Working Group: Communication
Yes
Working Group: Gender Equality
Yes
Working Group: Equality Law
Yes
Working Group: Policy Formation
Yes
Executive Board Member
No

Contact Person

Name:

Blerina PIRANI

Email:
blerina.pirani@kmd.al