Commissioner for the Protection from Discrimination

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 power:

  • 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

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Activities aimed at supporting vulnerable groups ( e.g. through trainings )
Activities aimed at supporting duty bearers such as employers and service providers (e.g. through trainings, guidance material, practical support, etc.)
Communication activities (e.g. awareness raising campaigns)
Recommendations on discrimination issues
Publications and reports
Research projects (including surveys)

Our institution has a mandate to deal with:

  • Hate speech

Other statistics:

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Number of inquiries handled per year (all contact even if not resulting in a formal complaint)41590166172180120166
Number of cases handled per year (case files opened and processed according to your procedures)118110181209288239209
Number of media appearances per year (major newspapers/magazines/websites/blogs, TV + radio channels) - does not include social media102235284042

Management

  • Single headed equality body (led by director or ombudsman/commissioner)

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.

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.

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

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
815151515151414

Grounds and fields of discrimination covered by the equality body

Grounds / Fields Employment Education Housing Social Protection & Healthcare Goods and Services Other
Gender
Gender Identity
Race and Ethnic Origin
Age
Disability
Sexual Orientation
Religion & Belief
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

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
54798238258279707252568268125273622279802328596311652

We are accountable to

  • National Parliament