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.
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:
Predominantly tribunal-type (quasi-judicial) body
|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)|
|Number of inquiries handled per year (all contact even if not resulting in a formal complaint)||4||15||90||166||172||180||120||166||197||163|
|Number of cases handled per year (case files opened and processed according to your procedures)||1||18||110||181||209||288||239||209||287||225|
|Number of media appearances per year (major newspapers/magazines/websites/blogs, TV + radio channels) - does not include social media||10||22||35||28||40||42||21||48|
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 salary of the Commissioner, the organisational 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.
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.
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)
|Grounds / Fields||Employment||Education||Housing||Social Protection & Healthcare||Goods and Services||Other|
|Race and Ethnic Origin|
|Religion & Belief|
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).