Commissioner for the Protection from Discrimination

Overview:

The Commissioner for Protection from Discrimination (CPD) is the equality body in Albania, established since 2010, upon the Law 10221/2010 "For Protection from Discrimination", that is aligned/approximated with four European Directives in the field of non-discrimination. The CPD is a public legal person, responsible to assure effective protection from discrimination. The CPD is independent in the exercise of duty and is subject only to the Constitution and law.

Brief history

The Assembly of the Republic of Albania approved the Law No. 10221/2010 “For 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”, provided for 23 employees.    At present, by Decision 88/2018 of the Assembly of the Republic of Albania, the CPD has 34 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 proceedings 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, in cases which have been handled previously by the CPD or not. 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:

  • UN Convention on the Rights of Persons with Disabilities (CRPD)
  • 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)41590166172180120166197
Number of cases handled per year (case files opened and processed according to your procedures)118110181209288239209287
Number of media appearances per year (major newspapers/magazines/websites/blogs, TV + radio channels) - does not include social media10223528404221

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 Adviser, a Secretary, five directories.

The CPD consists of 34 employees . 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

Directory of Administrative Investigation (Director + 5 inspectors):  –  examines complaints from persons or groups of persons who claim that they have been discriminated against or complaints from organizations that have a lawful interest to act in the name and with the written consent of individuals or groups of individuals, who claim that discrimination has occurred;   – performs administrative investigations after the receipt of credible information about a violation of this law (cases initiated by the CPD);   –  conducts administrative procedures through investigations and inspections, verifying  facts, holding public hearing session between the parties etc;  –  imposes administrative sanctions according to the law;-  issues decisions.

Legal Department (Director + 4 specialists): – represents the authority before in court proceedings; – at the request of the court examining a discrimination case, sets out a written opinion;  –  represents a complainant in the judicial organs in civil cases, with his approval; – drafts legal opinions;  – follows the procedures of the execution of fines –  consults new sub/legal acts to be approved; –  makes recommendations to the competent authorities, especially by proposing the approval of new legislation or the amendment or reform of existing legislation;  –  makes recommendations about any kind of issue related to discrimination.

Directory of Receiving Complaints (Director + 5 specialist, including 3 of Regional offices) receives complaints, provides information on the procedure, holds the register of complaints submitted.

Directory of Monitoring, Reporting and Communication:  – contributes to reporting and, as the case may be, submits reports to international and regional bodies;  –  develops and implements a strategy on public relations for CPD, keeps contacts with the media;  –  holds a regular dialogue in connection with issues of discrimination with the respective social groups, including non-governmental organizations   –  updates the official website of the CPD and social media channels  –  drafts reports

Directorate of Support Services:  internal operations of the CPD; finance and budgeting issues, human resources, operating and maintaining IT systems etc.

Procedure for nomination and appointment of management and board

  •  Election of the Commissioner is done by Decision of the Parliament of Albania.

The Commissioner is elected for a mandate of five years, with the right to be re-elected only once. (article 25 of the law on protection from discrimination).

The Assembly decides on the pay of the commissioner, the organizational 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 (Article 21/ 3).

Manner of election of the Commissioner:  The Commissioner is elected by a majority of all the members of the Assembly. Possible candidates for commissioner are proposed to the Assembly by a group of deputies. Before taking office or taking office again, the Commissioner takes an oath before the Assembly. (article 23)

  • Nomination of the CPD structure and wages  is done by Decision of the Parliament of Albania.

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. (article 21 /2).

 

Number of staff dealing with equality issues

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
81515151515141414

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.

Other fields:

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