Challenges of Migration and Asylum in Albania

European Movement in Albania in partnership with the Slovak Foreign Policy Association, with the support of the Ministry of Internal Affairs and Ministry of European Integration organized on April 11, 2016 session of the second and third Working Group II with the theme “ Challenges of Migration and Asylum in Albania”.

Mr. Jan Rudolph, Director of Political, Economic and Information Section at the EU Delegation in Albania, during his speech gave the necessary attention to cooperation between the state and civil society organizations to cope with the crisis of refugees and immigrants. “The situation remains problematic”, – he said that only in the first 3 months of 2016 have died over 700 people coming to the EU. Also, he analyzed the lesser possibilities to turn Albania into a transitory or the host country, but again   the state structures should be prepared in cooperation with the European institutions that are monitoring the situation. Mr. Rudolph gave a clear picture of the current policy undertaken by the European Union, as the European Agenda on Migration, based on four pillars: 1. Reducing illegal migration trends, 2.Saving lives and secure borders, 3.Strengthen the common asylum policy, 4.Developing a new policy on legal migration. In conclusion, Mr. Rudolph cited the EU plan to redistribute 160 thousand refugees, as well as Turkey-EU agreement that aims to stop illegal immigration from Turkey. He stressed that all migration policies related to chapters 23-24 of the negotiation process with the Balkan countries, including Albania. Reforms within these chapters to be opened first and closed last are indispensable and cannot be postponed; a typical example is the Justice reform. Finally he called for a deeper engagement of the Albanian state and the relevant authorities to reduce irregular migration of its citizens to EU countries as a way to respectfully the conditions that come from visa liberalization.

In his speech, Mr. Gledis Gjipali, Executive Director of the European Movement in Albania presented to participants the set up mechanism mission one year of the Convention for European Integration.  He paid attention to the activities undertaken, the success reached results and expectations for the following activities. According to Mr. Gjipali this initiative is aimed not only organize roundtable discussions, but first of all is furthering the integration process into the European Union, together with all stakeholders. He said, – “in our country the culture of cooperation is weak, so that the EMA’s efforts are positive practices to establish cooperation and a constant conversational. If there is broad participation from all groups and actors including then there will be a rapid opening of negotiations for Albania and Albanians. The executive director of EMA accepted that the reform is comprehensive reform that affects everyone, and the EU accession process.  The Convention has a specific focus on the creation of working groups for chapters 23 and 24, which will be drawn during the proceedings of the joint recommendations and practical matters, such as political and technical actors, as well as the general public.

Mrs. Alma Mele, Director of the Asylum in the Ministry of Internal Affairs, reflected the current Albanian legislation concerning migration and asylum. According to her, Albania has completed legal framework and updated the Law on Asylum in October 2014 supported by EU Directives. Moreover, it is supplemented by decisions of the Council of Ministers and other legal acts, as DCM 346 on biometric identification card for all those who have attained refugee status. On the other hand DCM 513 on determining the criteria, rules and procedures for foreigners in Albania or DCM on the list of the third countries is part of the Albanian legislation in line with the acquis of the EU and to meet pane to the whole affair. Mrs. Mele assessed the decision to establish the National Commission for Asylum and Refugees, which will be the first administrative instance on the issue in Albania. The number of asylum applications in 2016 decreased compared with the period 2013-2015 that had a very high growth. In 2014 were about 106 asylum seekers in Albania, while so far this year there has been only 5 applications for asylum in our country. The most common countries of origin were Iran, Iraq, Syria, Ukraine and Eritrea. Any asylum seeker under the law has available an interpreter and free legal assistance, shall be provided accommodation equipped with basic living conditions and hygiene. In conclusion, she stressed that the Ministry of Interior as well as other authorities have extensive relationship and cooperation with international organizations and civil society as UNHCR, THE Red Cross or RMSA.

Mrs. Alexandra Malangone, representative of the organization Slovak League of Human Rights stressed that as in the case of Albania, and in Slovakia the number of asylum seekers decreased by 2016 (with only 10 applications for asylum in the 3 months period), compared with 2015 there were 313 requests. Slovakia is affected by the phenomenon “compassion deficit”, a characteristic of the countries of Central and Eastern Europe. Slovakia has received a small number of refugee quotas which is about 20 % lower than the acceptance criteria set by the EU. Slovak state set criteria to accept 200 refugees on condition that they were of the Christian faith, but later withdrew from this decision. So far they received 500 refugees from a camp in Austria which was overflowing. In cooperation with the church they will accept 149 Iraqian Christians from the occupied territories by ISIS. Mrs. Malangone suggested that Albania as a country that does not have adequate capacity to receive refugees and to keep them, can play the role of a transit country that harbors and trains refugees for a certain time until they moved to their final destination. In cooperation with IOM, UNHCR, Slovakia held refugees who may have applied to the US, by training them; making courses for 6 months and sent to places where they have applied. If one of the EU countries has a large influx of migrants, all other countries need help or contribute to this country. It is good that countries that are at the external border of the EU to cooperate more with other countries for these refugees. For most EU countries deportation would be one of the most desirable spots, because of an illegal immigrant is another aspect. A further important point for the receipt of these refugees is to be open “channels” to secure legal when deployed in EU countries.

Mr. Hortenc Balla, from the Office of Legal Protection, UNHCR said that is very important “principle of non-refoulement”, during the process, which means that refugees and illegal immigrants do not return to the territories where their life is threatened, dignity or integrity. He emphasized that this principle includes those countries that are not direct their country of origin, but that can still turn back refugees or maltreat. “Despite that refugees see our country as a transit country, most of them dream Germany,” said Mr. Balla, – “Seeing this response, the relevant institutions should make clear that it is impossible to travel from our country to Germany.” Albania has made progress in the implementation of legislation and update it to the needs of the time. The problem consist to the facts that remains the cooperation with civil society which is lukewarm stating that the adoption of the draft as he National Commission for Asylum and decision determination of safe third countries is not taken into consideration the opinion and comments of civil society organizations such as the UNHCR. Mr. Balla notifies specifically priorities for refugees’ status, recognition of rights and provision of the necessary documentation from state institutions.

Mrs. Enkeleda Toska, representative of the General Director of Border and Migration opened her speech by emphasizing changes European migration policies from open door policy at the end of the street, which have an impact in Albania. She also explained that there are mixed migration groups, as those who need protection are the one group seeking asylum for economic hardship. In her opening or closing of the Balkan Route and the change of EU policy by the door open it directly affects growing number of refugees who were driven from Albania. Albania offers accommodation in two reception centers such as the National Center for asylum in Babru and the other in Karrec. Mrs. Toska hinted to be a preparation for emergency response if the number increases. In 2016 are about 287 refugees who have come from Greece, Albania border arrested 147 foreign immigrants, such as the Moroccan, Syrian, Somali, Iraqi passing green border. State Policy measures directed at increasing the exchange of information on technical and strategic framework where the exchange is deeper with Frontex and with neighboring countries such as Macedonia and Greece. Important for Ms. Toska is that Albania is not legally defined as a transit country, but this does not mean that no action should be taken of the situation in the future. Positive achievement was also praised increased cooperation CSOs as planning UNHCR reception, admission or registration of refugees. Also, innovation that is worth mentioning is the introduction of languages such as Arabic, Persian and Pashtu in the registration form and interviewing refugee. The unique number of the residence permit card and preparation of a biometric residence permit is another measure being undertaken by the Albanian authorities. It expects another set of amendments to the Law on Foreigners in order to align it more closely with European legislation and requirements of the situation.

Director of the Albanian Helsinki Committee, Mrs. Erida Skëndaj during her presentation referred cases removal of the Albanians and their requests for asylum, with an emphasis on identifying violations of their rights and discrimination. To manage the situation of illegal migration and asylum in a better way is the main research and understand the causes why the Albanian citizens from Albania decide to leave and seek asylum in other countries. One main reason is the economic challenge, although in these cases the majority reversed once their asylum claim is rejected. Mrs. Skëndaj said that there are other times when the request for asylum is accepted as cases of discrimination, prejudice ore persecution suffered by the communities and minorities such as Roma or Egyptians in Albania, but also for the LGBT community. Feud is another factor that can be accepted by the EU countries as a reason to accept asylum. For Mrs. Skëndaj it is true that Albania is the second country with the largest number of asylum seekers, but on the other hand it remains first with the highest number of request that have been received. Director of AHC suggested the need for a more effective network of interactive and cooperation. AHC is implementing the initiative of the Legal Clinic and thanks it offered free legal services to Albanian citizens in need, but the problem remains the lack of research and data on the situation of asylum and migration in Albania.

The discussion sessions were moderated by Ms. Mona Xhexhaj, Project Coordinator of the Convention on European Integration. The meeting was followed by interventions, comments and questions from participants.

For further information on National Convention on EU Integration and recommendations of Chapter 24 see also: National Convention on EU Integration – Chapter 24 (Justice, Freedom and Security)