Commissioner for the Protection from Discrimination

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. Further the Law no. 10 221 has been amended by the Law no. 124/2020 “For some additions and amendments to law no. 10221, dated 4.2.2010 “On protection from discrimination”, which was approved on October 15, 2020. 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:

• Promote the principle of equality and non-discrimination, especially by raising awareness and informing about those issues, including the provision of written information among other things about this law, in the Albanian language, in the languages of minorities, as well as in forms usable by persons with a disability;
• Monitor the implementation of Law no. 124/2020 as well as the law “On gender equality in the society”;
• Conduct polls on discrimination;
• Make recommendations to competent authorities, especially by proposing the approval of new legislation or the amendment or reformation of existing legislation;
• Publish reports and make recommendations about any issue related to discrimination;
• Address the public opinion directly about any issues related to discrimination;
• Contribute to reporting and, as the case may be, submit reports to international and regional bodies;
• Inform about the right of protection from discrimination and the legal means available for such protection;
• Hold a regular dialogue on issues of discrimination with the respective social groups, including non-governmental organisations;
• Conduct awareness-raising and educational activities that contribute to the implementation of this law.

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

Our institution has a mandate to deal with:

• UN Convention on the Rights of Persons with Disabilities (CRPD)
• Hate speech
• Severe forms of discrimination (including multiple and intersectional discrimination)
• Segregation, structural discrimination, incitement to or aiding another to discrimination, proclaimed intention of discrimination)

Other statistics:

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 organizational structure 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 salary of the Commissioner, the organizational structure and the salary scale 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 that claim to have been discriminated
against or from organisations that have a lawful interest to act in the name of, and
upon the written consent of individuals or groups of individuals, who claim that discrimination has occurred, or in their own name for matters related to collective interests;  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;

Legal Department (Director + 4 specialists): legal representation in court proceedings; by request of the court, sets out a written opinion  on a discrimination case; 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; submit a lawsuit, in defense of the principle of equality and non-discrimination, on issues related to collective interests;

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 etc.

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 Assembly of the Republic of Albania (Parliament).

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. 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).

Method 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 Assembly (Parliament).

Number of staff dealing with equality issues

Grounds and fields of discrimination covered by the equality body

Colour, language, citizenship, political, religious or philosophical beliefs, economic, education or social situation, gender identity, sexual orientation, sex characteristics, living with HIV/AIDS, pregnancy, parentage belonging, parental responsibility, family or marital condition, civil status, residence, health status, genetic predispositions, appearance, affiliation with a particular group or any other ground.

The fields for which the Law 10221/2010 as amended by law 124/2020 offers protection are: Education, Employment, Goods and Services (including Housing, Social Protection & Healthcare).

Mandate covers:

• Public sector
• Private sector

Operating budget in euros

We are accountable to

• National Parliament