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. 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.

 

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Defending own legally binding decision before the courts, Amicus curiae brief or similar, Intervention in support of a party, Bringing proceedings in the name of the equality body [with or without an identifiable victim] but on behalf of one or more individual person(s) who consents to this.

Functions

• Making legally binding decisions on claims of discrimination
• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other grounds

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.

Other mandates of the institution

Standalone dedicated national equality body

Statistics

Institution

Management and Appointments

Management

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

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.

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).

Regional or Local offices

3

Accountability

National Parliament

Number of staff

Operating budget