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Viewing cable 08TIRANA152, ALBANIA: 2007 TRFFICKING IN PERSONS REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08TIRANA152 | 2008-02-28 11:10 | 2011-08-30 01:44 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Tirana |
VZCZCXYZ0001
RR RUEHWEB
DE RUEHTI #0152/01 0591110
ZNR UUUUU ZZH
R 281110Z FEB 08 ZDK
FM AMEMBASSY TIRANA
TO RUEHC/SECSTATE WASHDC 6742
INFO RUEHTH/AMEMBASSY ATHENS 3252
RUEHRO/AMEMBASSY ROME 5706
RUEHSQ/AMEMBASSY SKOPJE 4477
RUEHPS/USOFFICE PRISTINA 3736
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASH DC
RUEHVEN/USMISSION USOSCE 2384
UNCLAS TIRANA 000152
SIPDIS
SIPDIS
SENSITIVE
DEPT FOR EUR/SCE, G/TIP, G, INL, DRL
E.O. 12958: N/A
TAGS: PGOV PREL PHUM AL KCRM KWMN SMIG KRD ASEC PREF
ELAB
SUBJECT: ALBANIA: 2007 TRFFICKING IN PERSONS REPORT
REF: STATE 2731
1 (SBU) SUMMARY: The government of Albania acknowedges at the
highest levvels that trafficking in ersons conti(nues to be a problem
and has mechanisms in place to fight it. These include a legal
framework, prevention activities, identification and referral
processes, and victims' services and reintegration. The legal
framework to charge and prosecute traffickers is sound, and the
government consistently applied it to prosecute and convict. The
government has several prevention programs and continues both to
work to maintain these awareness campaigns and to develop new ones.
A National Coordinator for Anti-trafficking is in place to
coordinate government, non-governmental organizations (NGOs) and
international organizations as they commit resources to the problem.
During the reporting period, the government improved communication
between police and NGOs at the border crossing points, resulting in
improved processing for trafficking victims returned from abroad at
some border crossing checkpoints by the fall of 2007. In February
2008, the government implemented a new database to track victims
from identification to reintegration. This system, still in its
pilot phase, should assist with data collection and analysis once it
is fully up and running. Government progress on anti-trafficking
continued to be hampered by the inadequate implementation of its own
system for identification and referral of victims, the National
Referral Mechanism (NRM).
¶2. (SBU) SUMMARY, CONTINUED: Although the government reported a
striking decline in the number of victims compared to 2006, many
stakeholders believe that this is because a number of victims went
unidentified. NGO data also suggests a decline in the number of
victims from last year, but remains higher than government figures.
Although there are no data to suggest that the problem itself has
gotten worse over the reporting period - in contrast, all report it
better to some degree - the fact that victims are believed to have
been consistently unidentified means that there are an unknown
number of women and children who did not receive necessary services
and thus did not have the capacity to break the cycle in which they
find themselves. It is unclear whether this situation will improve
in the upcoming reporting period since the government failed to
address problems that were consistently raised until late in the
reporting period (January 2007). Despite high interest and
awareness of the problem at the highest levels, the government's
lack of capacity in 2007 continued through the reporting period.
Evaluating the government's overall performance on anti-trafficking
in 2007, it did not demonstrate sustained efforts to eliminate
trafficking compared to the previous year. Therefore, post
recommends Tier II Watch List. END SUMMARY.
--------
OVERVIEW
--------
¶3. (U) A. Trafficking in persons remained a problem in Albania, and
the government acknowledged it as such. Albania is a source
country, as women were trafficked abroad for prostitution and forced
labor, and children for begging and forced labor. Victims were
coerced psychologically or physically to cross borders to final
destinations in private houses, brothels, or hotels. Albania is no
longer a transit country, but internal trafficking is a rising and
significant problem, acknowledged by the government. There are no
reliable statistics yet on internal trafficking.
¶4. (SBU) The overall scope of the problem of trafficking is
difficult to determine, partly due to lack of coordinated and
reliable data. Figures from the government, NGOs, and other
international organizations (IOs) vary. The Office of the National
Coordinator is responsible for coordinating this information. A new
anti-trafficking database, which began implementation in February
2008, is expected to assist this process once it is fully
functioning.
¶5. (U) The National Coordinator's Office cited 20 victims of
trafficking during the reporting period, 13 adult female victims and
seven children. The shelters for trafficking victims, four
non-governmental and one government-run, reported 146 in the same
timeframe.
¶6. (SBU) The government's figures are considered less reliable than
those of the shelters for this reporting period. Government figures
show a 50 percent drop in the number of victims from 2006. Although
this could be due to an overall drop in the level of trafficking, as
the government believes, signs indicate that it may be due to
incomplete implementation of the National Referral Mechanism (NRM).
Shelter figures show a drop of 35 percent in the number of victims
for the same period. Local and international NGOs and IOs believe
that many victims went unidentified by authorities in 2007, leading
to a steep drop in the official number of victims. The data on
numbers of victims reported by the five women's shelters are
collectively believed to be closer to correct than those of the
government.
¶7. (SBU) As of January 2008, following a series of discussions with
the government on this issue at the highest levels, the government
pledged to make efforts to improve the implementation of the NRM,
and specifically to implement in practice at the border crossing
points the complete definition of a victim of trafficking as defined
in the Palermo Protocol, as well as to implement an anti-trafficking
database. This should result in a more accurate number of
identifications and referrals.
¶8. (U) Italy is no longer a destination country for Albanian
trafficking victims, due in large part to the success of the
government's 2005 law restricting speedboats and other crafts across
the Adriatic and Ionian Seas, as well as vigorous maritime
surveillance efforts on the part of Italian and Albanian
authorities. According to NGOs, organized trafficking rings of
child trafficking have reportedly dropped because strict laws in the
main destination country, Greece, have made it too risky for too low
a payoff.
¶9. (U) All stakeholders, including the government, believe that
internal trafficking rose during the reporting period, for the same
purposes of forced labor or forced prostitution of women and
children.
¶10. (SBU) B. In general, stakeholders, both NGO and government
sources, reported that the number of victims of trafficking has
decreased. Although the government's efforts in the areas of
investigation, prosecution, and prevention remained steady, their
ability to identify (and thus to provide services for) victims
lapsed during the reporting period. Difficulties in implementing
the NRM were exacerbated in 2007, and for this reason it is believed
that victims remained unidentified. If this is true, an unknown
number of women and children did not receive necessary services and
were not provided with the capacity to break the cycle in which they
find themselves. It is unclear whether this situation will improve
in the upcoming reporting period due to a lack of governmental
capacity and lack of focus. Evaluating the government's overall
performance on anti-trafficking in 2007, it has not met the criteria
of sustained efforts that exceed the past year's in the area of
identification and protection of victims.
¶11. (U) Women were trafficked to Greece, Macedonia and Kosovo for
prostitution and forced labor, recruited through fraud most often by
persons known to them, including through false promises of marriage
and false job offers. Children were trafficked to Greece for
begging and other forms of child labor, most often trafficked by
their parents or other family members.
¶12. (U) The groups most at-risk for all types of trafficking
include the Roma and Balkan-Egyptian communities as well as women
and children in poor, rural areas of the country and those who lack
a family safety net.
¶13. (SBU) The influence of organized crime and trafficking rings in
trafficking in humans has declined in recent years. This is due in
part to the rise of the more lucrative trade in illicit drugs and
weapons, as well as the inability of traffickers to cross the
Adriatic and Ionian seas easily. As noted above, children were often
trafficked by their families, and women were often trafficked by
persons known to them through false promises of marriage or
employment. Criminal groups, when involved, generally performed a
coordinating role. Furthermore, shelter social workers reported
that the modus operandi of traffickers has changed over the past few
years, with traffickers using more psychological manipulation and
blackmail as opposed to the extreme physical violence seen in many
trafficking cases some 5 to 10 years earlier.
¶14. (U) C. The Ministry of Interior is the lead agency on
anti-trafficking issues, with a National Coordinator for
Anti-Trafficking who is one of two Deputy Ministers. The Deputy
Minister has a staff of five. Other agencies involved in
anti-trafficking efforts include: the Ministries of Labor and Social
Affairs; Foreign Affairs; Justice; Culture and Tourism; Education;
Health; the General Prosecutor's Office; and the Office of the Prime
Minister.
¶15. (SBU) With the National Coordinator's Office, the Albanian
police, including border and customs police and regional
anti-trafficking units, play a major role in identification and
referral of victims. However, during the reporting period, they
remained poorly trained and ill-equipped for the responsibility due
to inadequate resources, the influence of corruption, and high
turnover. The police's anti-trafficking sector in particular
suffered from high turnover and internal transfers during the
reporting period, further exacerbating the situation. Between June
and July 2007, approximately 850 police officers were fired in a
massive layoff, including 20 percent of anti-trafficking officers
and much of the anti-organized crime unit under which the
anti-trafficking unit is located. These layoffs included many who
were trained with funding from the USG's Department of Justice
(ICITAP) and the European Commission Police Assistance Mission
(PAMECA). Trained anti-trafficking section officers were replaced
by December 2007 with inexperienced and untrained officers.
¶16. (SBU) D. A developing democracy, Albania has limited resources
to tackle a wide variety of pressing issues. Funding and training
for police and customs officers, government social workers and
Albanian diplomats remains inadequate. High turnover for the civil
service in all ministries and levels remains a serious barrier to
ensuring that police officers, border officials and social workers
are competent and well-trained. The government lacks the resources
to aid and protect victims and the majority of this work is done
through NGO and IO funding. The government is considering ways to
increase funding, particularly to women's shelters.
¶17. (SBU) Corruption is widespread and pervasive at all levels and
all sectors of Albanian society, and this is a major barrier to the
elimination of trafficking in humans. The government acknowledges
this problem, and the Prime Minister has made anti-corruption
efforts a cornerstone of his government program. He continues to
maintain a high profile on the issue, and there were several high
level arrests of government officials (unrelated to trafficking in
persons) in 2007. There were also several mid-level arrests for
trafficking-related crimes which are currently being prosecuted.
¶18. (U) E. The government monitors its anti-trafficking efforts
through the office of the National Coordinator. This office is a
clearinghouse of information on all anti-trafficking efforts, with
special responsibility for victim protection and prevention. The
National Coordinator's office continued to participate in and
publicly support the anti-trafficking activities of NGOs and
international donors during the reporting period, although some
organizations reported at times strained communications with this
office.
¶19. (U) Data relating to persons identified at the Albanian border
as possible, presumed, or actual victims of trafficking is
maintained in the Total Information Management System (TIMS),
managed by the Albanian state police. This system records
information which can be released to other police structures to
coordinate anti-trafficking and other law enforcement efforts. This
system is maintained and supported by US and EU funding.
¶20. (SBU) In 2006 the OSCE funded the creation of an additional
database to track victims of trafficking from their identification
at the border crossing points through identification as a victim to
reintegration in society, including the prosecution of their
trafficking case. Installation of this database remains ongoing in
February 2008; it is in the pilot phase and still in the process of
becoming fully operational.
¶21. (U) The Ministry of Justice separately tracks its own
information on prosecutions and its information is periodically
available to the public.
--------------------------------------------
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
¶22. (U) A. Seven articles in the Criminal Code apply to trafficking
in persons:
- Article 110(a) prohibits trafficking in persons for the purposes
of prostitution, forced labor, organ trafficking, or other forms of
exploitation; prohibits organizing, managing, or financing
trafficking in human beings; adds additional penalties for
committing the offense repeatedly or engaging in serious
mistreatment or injury to the victim; adds additional penalties
where the victim dies and where the perpetrator is a government
official;
- Article 114 prohibits inducing or gaining from prostitution;
- Article 114(a) prohibits aggravated exploitation of prostitution,
suchas mplying minors, employing multiple prostitues, ad using
deception, coercion, or accomplice;- Atice 14(b contains five paragraphs thatdrecly aralel
Aticle 110/a, but apply only otafcig i woen;
- Article 128(b) contain ieprgah ht drectly parallel
Articles110a ad14b u ply only to trafficking in hilren
- Atice14 (b) criminalizes the physcal an pschoogial
ill-treatment of minors by the person who is obliged to care for
him/her, including prohibiting child labor, begging, or providing
income; and
- Article 298 prohibits assistance for the sheltering, accompanying
or transporting of persons illegally across the Albanian border or
for the illegal entry of a person into another state.
¶23. (U) In 2007, Parliament amended the Criminal Code regarding
child protection to fight internal trafficking. These changes
include amendments to Article 117 regarding the use of minors for
pornography; Article 124 (b) for ill-treatment of minors; and
Article 128 (b) for the sale of minors.
¶24. (U) Other specific areas improved through legislation during
the reporting period are as follows:
¶25. (U) In January 2008, Article 124 (b) was passed, which
criminalizes forced begging of children by their parents or other
persons who have custody of them.
¶26. (U) In February 2007, Article 298 was amended to criminalize
the assistance of illegal border crossing for profit and the
providing of means or assistance for illegal border crossing, as
well as criminalizing assisting the illegal entry of someone into
another country. The amendment to the law is expected to make it
easier to prosecute those who assist individuals who illegally enter
other countries but have lawfully crossed the Albanian border.
¶27. (SBU) A 2004 law provides for civil asset forfeiture for those
convicted of trafficking, and also provides that defendants explain
the source of their own or family's wealth. The Serious Crimes
Prosecution Office implements the civil asset forfeiture laws, which
allow for the freezing and confiscation of the proceeds of crime.
During 2007, a fitness club and a Mercedes Benz were confiscated,
and another three vehicles and 6 million leke ($72,000 USD) were
frozen as proceeds of trafficking in persons offenses. The
administration of the seized and confiscated assets is the
responsibility of the Agency for Administration of Sequestered and
Confiscated Assets within the Ministry of Finance. To date, this
agency has not functioned properly, and no assets have been
distributed.
¶28. (SBU) The implementation of Albania's Witness Protection and
Relocation Program, enacted in 2004, has improved during the
reporting period due to increased training and funding through
international assistance. At the request of the prosecutor,
protection is available under the witness protection program for
those victims of trafficking who agree to testify and are determined
to be essential witnesses.
¶29. (SBU) However, no victims of trafficking were being protected
under this program during the reporting period. Fear of retribution
from traffickers and their associates remains the main reason that
victims refuse to denounce, as those who denounce their traffickers
are particularly vulnerable from the time they make their statement
until a trial begins. A gap in victims' protection remains in this
initial phase, according to NGOs, particularly with respect to
children, who are more often returned to their parents rather than
placed in protective custody or relocation programs. As about half
of trafficking victims are under the age of 18, this gap is an
important problem.
¶30. (SBU) There is also often a need for protection after a trial
is completed. In 2007 one young woman was re-trafficked to Greece
by her trafficker's brothers following her testimony that put him in
prison. These types of cases highlight the risk of testifying to
other victims who may be considering doing so, as well as the
current inadequacies in the Witness Protection Program.
¶31. (U) B. The penalty for trafficking in persons is five to 15
years in prison; for trafficking in women the penalty is seven to 15
years; for trafficking of minors it is seven to 15 years.
Aggravating circumstances, such as kidnapping or death, can increase
the sentence to a maximum of life. Fines for these offenses are as
follows: trafficking in persons, two to five million leke ($24,000
to $60,000); trafficking in women: three to six million leke
($36,000 to $72,000); trafficking in minors: four million to six
million leke ($48,000 to $72,000). A convicted government official
or public servant faces a 125 percent increase in penalty.
¶32. (U) The Office of the Prosecutor General maintains figures on
the number of prosecutions for exploitation for prostitution. In
calendar year 2007, there were 40 prosecutions for exploitation for
prostitution and 70 prosecutions for this offense with aggravated
circumstances, which includes the sexual exploitation of minors.
These prosecutions are an increase over the 2006 calendar year,
which cites 23 prosecutions for exploitation of prosecution, and 58
for exploitation for prostitution with aggravated circumstances.
Some of these cases may relate to human trafficking, and some may
not; the government does not separate the statistics by trafficking
offenses. [Please note: the number of prosecutions in this section
of the 2006 report were incorrect, as they listed all trafficking
offenses rather than only trafficking in persons. The above 2006
numbers are accurate.]
¶33. (U) C. Articles 110 (a), 114 (b), 124 (b), and 128 (b), as
described above, prohibit labor trafficking, with the same penalty
for all types of trafficking. (See above, 10B.)
¶34. (U) D. The Criminal Code imposes penalties of three to ten
years imprisonment for the rape of an adult woman; two to seven
years for adult homosexual rape; five to 15 years imprisonment for
the rape of an adolescent age 14 - 18, and seven to 15 years for the
rape of a child under the age 14. These penalties are generally
lighter than those for trafficking. (See above, 10B.)
¶35. (U) E. Prostitution is illegal in Albania, and punishment
ranges from a fine to a three-year prison sentence. Brothel owners,
pimps and enforcers may also face criminal charges for exploitation
of prostitution, and, if convicted, are fined or imprisoned for up
to five years. The penalty increases to seven to ten years for
aggravated circumstances such as kidnapping or assault. According
to the Office of the Prosecutor General, 52 such cases were
prosecuted in calendar year 2007. Although it is also illegal to
solicit for prostitution, there are no known cases of clients being
arrested.
¶36. (U) F. Since 2004, the Serious Crimes Court and Serious Crimes
Prosecution Office handle TIP and organized crime cases. The office
includes a team of elite prosecutors and police who have exclusive
jurisdiction over these cases. In 2007, the government prosecuted
six cases of trafficking in persons (Article 110 a), 31 cases of
trafficking in women (Article 114 b), and 12 cases of trafficking in
minors (Article 128 b). The Prosecutor General's office reports the
following convictions in 2007: trafficking in persons (110 a) 0
convictions; exploitation of prostitution with aggravating
circumstances (114 a) 19 convictions; trafficking in women (114 b) 6
convictions; trafficking in minors (128 b) 3 convictions.
¶37. (U) As noted above, the government also prosecutes labor
traffickers, and some of these cases may be included in the figures
above, but government statistics are not broken down in this manner.
¶38. (U) G. The government is responsible for providing training to
police officers, customs officers, and state social workers on the
identification and treatment of victims and possible victims of
trafficking at the border. Albania's police academy curriculum,
revamped in 2007 through funding from the USG's ICITAP program and
PAMECA, includes 6 hours of training on anti-trafficking out of the
22 week basic course for new officers. Current police officers
attend a basic 11 week in-service course which includes four hours
of training on trafficking in persons. Both trainings include
discussions of the main elements of transnational crime, the phases
of the trafficking process, applicable articles of the Criminal
Code, methods of securing evidence, and procedures for dealing with
victims, but do not focus on the police's responsibility in
implementing the NRM.
¶39. (SBU) In collaboration with UNICEF, the Office of the National
Coordinator provided training for 100 police officers from the
border and anti-trafficking units in early 2008. This one-day
briefing discussed trafficking in persons and related crimes,
including the taking of official statements and denouncements. The
National Coordinator's office plans to formalize these trainings and
continue to offer them beginning in March 2008. A USG-funded
training program designed in 2006 that detailed the police's central
role in anti-trafficking identifications and referrals, in
accordance with the National Referral Mechanism, fell out of use in
late 2006 and was not reinstated in 2007. Anti-trafficking training
for new and continuing officers thus lapsed in 2007.
¶40. (U) Albania's School of Magistrates regularly conducts
trainings for prosecutors and judges on human trafficking issues.
¶41. (U) H. The Albanian government cooperates with other
governments to investigate and prosecute trafficiers, and haq sieNed
agreements with Macedonia and Frdebe. (Gredce has still not ratified
the 2005 agrdelent whth @lbania.) Draft agreements are beingQ
craft$d whth Jgsovo and Italy. In 2007 ParlIamant p sred ` lavQ
making it easier to proseCq4a p2affQcjag cffdbrer that may have
originated Or p!s3`Q t`QgtbH @`Bana` legally (see paragraph A(Q
`QjQdQ"@Qr(bF Q`d Qeporting period, Albania carried out three
international cooperative investiGations on human trafficking.
¶42. (U) I. AlbanIa has bilateral extradition treaties with
Macedonia, Romania, Greece, Hungary, Italy, Slovenia, Croatia,
Turkey and the U.S. Albania honors these agBeements with each by
extraditing its own citizens, unless the subject may face the death
penalty. Albania is party to the European Convention on
Extradition.
¶43. (U) In 2007 Albania received 121 requests for extradition and
82 were approved. According to the National Coordinator, 12 of
these were for trafficking offenses. Persons charged with
trafficking in other countries may be extradited. There is no
prohibition on the extradition of Albanian nationals, and they can
be extradited for trafficking or other offenses.
¶44. (U) J. In 2007 there was evidence of official involvement in
trafficking (See paragraph K below). The government took action
against these officials, including prosecution and firing from their
positions. These are believed to be isolated incidents.
¶45. (U) K. There were three cases of police involvement in
trafficking offenses in 2007. The first case involved a trafficking
ring in Gjirokaster, near the southern border crossing point with
Greece, and four officers were arrested in June on charges of
facilitation of illegal border crossing. A fifth was apprehended
following a seven-month search, in January 2008. Their cases are
currently being prosecuted in the Court of Serious Crimes. In July,
the Ministry of Interior arrested 12 persons accused as a
"structured criminal group" dealing with the trafficking of human
beings and narcotics. Six of these were police officers with direct
responsibility for anti-trafficking at the border. In a separate
operation, authorities arrested the head of anti-trafficking police
in Korce and fired two of his inspectors on charges of accepting
bribes to facilitate human smuggling. All of these cases are
pending prosecution in the court system; none has yet been brought
to trial.
¶46. (U) L. Albania currently has approximately 369 troops serving
abroad in Iraq, Afghanistan, Bosnia, and other locations. No
Albanian soldiers have been investigated, prosecuted or convicted of
facilitating any form of trafficking.
¶47. (U) M. Albania is not considered a destination for child sex
tourism, although NGOs report and the government confirms that
internal trafficking for sexual exploitation, including
prostitution, rose in 2007. The government lacks a formal mechanism
to identify and investigate suspected cases of child sexual
exploitation or other types of internal trafficking. Knowledge of
the problem is based on anecdotal evidence given by children to
social workers and non-governmental organizations, but information
is not captured in a formal database.
¶48. (U) No Albanians have been convicted for child sex abuse
outside of Albania.
------------------------------------
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
¶49. (U) A. There were three foreign victims of trafficking
identified during the reporting period. Care and services were
provided at the government-run shelter for women and children, the
National Victims' Referral Center (NVRC) in Tirana, the same care
offered to victims of Albanian nationality. Currently there is no
legal provision for granting temporary or permanent residency to
third-country victims of trafficking. However, the government has
in place legislation and procedures for asylum seekers, and in
principle, victims of trafficking could apply for asylum.
¶50. (U) The government's ability to fund protection and assistance
services is limited. However, it operates one victim care facility,
NVRC, in the capital city of Tirana, as noted above.
¶51. (U) NGOs operate four additional shelters for victim assistance
and care in Vlora, Gjirokaster, Elbasan and Tirana. Collectively,
the NGO shelters reported serving a total of 387 women and children
during the reporting period, 111 of whom were identified as victims
of trafficking based on Palermo Protocol criteria. (This criterion
is used as well to define a victim in the NRM, and remains the
government-stated definition of a victim.) The Vlora shelter
reported assisting 40 victims of trafficking; the Gjirokaster
shelter assisted 41. Elbasan assisted 12 victims and the Tirana
shelter, 18. These numbers include all cases referred to the
shelters during the reporting period.
¶52. (U) These shelters are managed by NGOs and funded primarily
through USAID's CAAHT project. The second phase of the USAID-funded
CAAHT program was renewed in 2006 with a grant of approximately
$700,000 to cover two rounds of projects in prevention and
reintegration. Approximately 40 percent of this money goes to the
NGO-run shelters. This year is the final year of CAAHT grants, and
the program will conclude in 2009. The office of the Prime Minister
is currently considering providing the necessary resources to fund
all five shelters to continue their viability beyond USAID's 2009
funding deadline.
¶53. (U) From these shelters, victims have access to a range of
medical and social services for support and reintegration including:
medical care, psychological and counseling services, and education
and job training, either on site, through the government or through
private clinics and centers. Three of the five shelters offer free,
voluntary HIV/AIDS testing.
¶54. (SBU) C. The government provides sporadic in-kind assistance to
the NGO-managed shelters, such as the use of government buildings
and land, access to health care, vocational training programs, and
other in-kind assistance. Support from the government is based
primarily on personal relationships at the local level which
facilitate agreements rather than a national push for in-kind
assistance issued by the central government.
¶55. (U) D. The government monitors immigration and emigration
patterns through the identification of victims and wanted persons at
the 25 border crossings points. The Directorate for Migration
Policies at the Ministry of Labor and Social Affairs maintains data
on migration and immigration issues.
¶56. (U) Also assisting the monitoring of immigration and migration
patterns is the National Referral Mechanism (NRM), which provides a
structure for police officers (including anti-trafficking police),
border and customs officers, social workers employed by the Ministry
of Labor, and NGOs who have signed on to the mechanism, specifically
the five womens' shelters mentioned above, to work as a team at the
border checkpoints to identify and refer victims.
¶57. (SBU) Established in 2005, the NRM has been inconsistently and
inadequately implemented, particularly over the reporting period.
The NRM mandates that stakeholders work together to interview
potential victims at the border, identify them, and refer them for
services. However, in practice, it was the anti-trafficking and
border police alone who interviewed, and during the bulk of the
reporting period they remained understaffed and untrained for this
task. These officers conducted initial screenings at the border
crossing points and referred potential victims to the regional
directorates, located in cities some distance from the border
crossing points, for further questioning to determine their status.
Although anti-trafficking units are required by the NRM to have
female officers at each border crossing point who are trained to
interview potential victims on site, a strategy intended to help
them open up to fellow females in a culturally patriarchical
society, these officers are instead located at the regional
directorates, and are inadequately trained to interview. These nine
officers currently serving at the regional directorates were
assigned in January 2008. Prior to this time, there were no females
assigned.
¶58. (U) The border point at Kakavije (on the southern border with
Greece) instituted a new Local Operating Procedure agreement (LOP)
detailing the specific procedures for police-NGO cooperation for
victim identification. This LOP was drafted with ICITAP guidance
and put in place in August 2007.
¶59. (SBU) In a change during this reporting period,
anti-trafficking police identified a potential victim as a victim of
trafficking only if the person self-identified, denouncing her
trafficker and presenting herself as willing to prosecute. Without
doing so, a potential victim might have been referred to a shelter,
or might not, but was not recorded by the government as a victim.
¶60. (U) At the border crossing points, the government processed 178
potential victims of trafficking, of which 86 were referred to
shelters.
¶61. (SBU) The government identified 13 women and seven children as
victims of trafficking during the reporting period, a 50 percent
decline over the 2006 reporting period. Police officials confirmed
that this number includes only those victims self-identified who
were willing to denounce their traffickers during their initial
interview. This narrow application of the definition of a victim of
trafficking is believed to have led to many victims' remaining
unidentified during the reporting period. This interpretation is
bolstered by the higher number of victims who were reportedly
provided services through the five national shelters. In a series
of discussions with the government during the reporting period, the
need to put into practice the accepted definition of a victim (the
Palermo Protocol definition enshrined in the government's NRM), as
well as to fully implement the NRM, was emphasized by embassy
officials to the highest levels of government as a necessary change
to their regular practices at the border points in 2007. The
government provided specific plans for doing so. However, these
changes have not yet been put into practice.
¶62. (SBU) The five shelters which assist victims of trafficking
reported a total of 146 women and children identified as victims
during the reporting period. This number is a drop of 35 percent
over that reported in the 2006 TIP report. This drop can be
attributed to the poor functioning of the NRM in Spring and Summer
2007, which resulted in a far lower number than usual of potential
victims identified and referred from the border points to shelter
services during these months (see paragraph above). The functioning
of the NRM improved beginning in fall 2007, and the numbers returned
to pre-spring 2007 levels.
¶63. (U) Identified victims are referred to one of the five shelters
and transported to the shelter by the shelter's vehicles.
¶64. (U) E. Prostitution is illegal in Albania.
¶65. (SBU) F. The NRM calls for the rights of victims to be
respected, but this does not always happen in practice. Although
they are not jailed or fined, victims can be detained in police
custody at the border for up to 10 hours during questioning to rule
out their identity as a wanted person. (This process may be applied
to all returned persons.) Conditions at the border are frequently
harsh, without electricity, heating, or cooling systems, and victims
do not have access to food or the opportunity to rest and shower
during this detention. Although the government has in some cases
set aside separate facilities, in better condition, for the
questioning of victims of trafficking, in practice these facilities
are not always used for their intended purpose.
¶66. (SBU) In place to secure the rights of victims, the NRM is
implemented inconsistently and incompletely. A key problem is
inadequate communication among the stakeholders. The NRM calls for
trained female anti-trafficking police officers, trained social
workers, and an NGO representative to interview potential victims of
trafficking, identify them, and refer them for services. During the
reporting period, due to limited government resources, there were no
government social workers at the border points, and trained female
anti-trafficking officers were installed only in January 2008. NGOs
were also infrequently present due to inadequate communication
between them and police officers at the border points. Interviews
of potential victims at the border points were therefore often
inadequate, and potential victims were transported to the regional
directorates for further questioning by anti-trafficking officers
before a decision was made to refer them for services. NGOs and
other organizations believe that many victims did not self-identify
at this time, and so went unrecorded as victims of trafficking.
¶67. (SBU) During the reporting period, communication between the
NRM stakeholders, a key to proper functioning of the NRM, improved
following a difficult period, according to all involved. The Office
of the National Coordinator, responding to stakeholders, held a
series of meetings for the border police, anti-trafficking units,
international donors and NGOs, where they could discuss
communication gaps and express concerns. The Police's Director
General also held a similar meeting. These meetings and additional
efforts on all sides led to improved communication by January 2008,
particularly at the border crossing points, among the NRM
stakeholders.
¶68. (SBU) G. The government encourages victims to assist in the
investigation and prosecution of traffickers. However, victims
often refuse to testify, or change their testimony as a result of
intimidation by traffickers. The GOA has a Witness Protection
Program, noted separately, which assists in the process of
protecting and relocating witnesses. However, inclusion in this
program is dependent upon the request of the prosecutor, who may not
be consulted until a later state of the police investigations,
sometimes resulting in a gap in protection between the time a victim
has denounced her trafficker and the time a trial begins. NGO Terre
des Hommes cites an example during the reporting period of a female
minor who, upon reaching the border crossing, realized her situation
and sought help. When police arrived, she denounced her trafficker
and filed charges but was not taken into protective custody; instead
she was returned home to her parents. She disappeared a few days
later.
¶69. (U) Albanian law allows for civil lawsuits and there is no
official impediment to a victim's filing such a suit. However,
victims generally do not initiate civil suits due to mistrust of the
police and judiciary and the length of time required to complete a
civil procedure. If a victim is a material witness to a case
against a former employer, the victim is permitted to obtain other
employment or leave the country pending trial.
¶70. (SBU) H. The government has a Witness Protection law, but there
are sometimes problems with implementation, as noted elsewhere in
the report. (See Investigations: Para A, and Para G above.) No
victims of trafficking benefited from the program in 2007. The law
states that to qualify for protection, victims must apply for
witness protection at the time they denounce their traffickers.
¶71. (SBU) Regarding shelter services, the government funds one
shelter, the NVRC, which provides a range of services. (See Para J.)
Other NGOs provide additional services at their shelters. All
provide reintegration services. (See Para J.) The number of victims
receiving shelter at the NVRC in 2007 was 35, and the number
receiving care in NGO shelters, funded by international donors, was
¶111.
¶72. (U) I. The government provides specialized training for police
officers and anti-trafficking units, prosecutors and judges. (See
Para G, Investigation and Prosecution.) Its training program for
anti-trafficking officers was in hiatus during most of the reporting
period, restarted in February 2008. In April 2007, nine Albanian
officials participated in a transborder anti-trafficking conference
in Greece with 10 neighboring countries.
¶73. (U) J. As noted above, the government provides assistance,
shelter, and medical aid to victims through its NVRC. The shelter
provided services to 63 beneficiaries during the reporting period,
of which 35 women and children were victims of trafficking. All 35
victims were referred by police. The shelter assisted three foreign
victims; the remainder were Albanian nationals, many repatriated
from abroad where they were victimized.
¶74. (U) K. As noted above, there are four primary NGO-run shelters
that work directly with victims of trafficking on reintegration and
other social services, as well as several NGOs that implement
prevention and awareness activities to counter trafficking in their
communities. In July 2007, all five shelters came together to
create and sign a Memorandum of Understanding to strengthen
cooperation and coordination among the shelters. The three goals of
the coalition are to improve and increase the quality of services;
to improve awareness and advocacy; and to ensure long-term
sustainability of the shelters.
¶75. (U) Seventeen NGOs and international organizations cooperate in
the Together Against Child Trafficking (BKTF) Coalition, focusing
specifically on child trafficking and the wider issue of child
protection. The coalition is a key partner with the government and
is responsible for significant strides in advocacy and awareness
raising.
¶76. (U) The Transational Action Against Child Trafficking (TACT)
Program, funded by USAID, provides direct intervention services in
prevention, reintegration of victims and assistance to families;
capacity building of state structures; mobilizing vulnerable
communities; and advocacy on children's rights. The TACT project is
in its third and final phase, to be completed in 2009. Of notable
success during the reporting period, TACT supported the creation of
the Child Protection Units (CPU) in local communities, which serve
to identify and protect children in need. During the reporting
period, CPU workers carried out 533 family visits and detected 219
children at risk of being trafficked.
¶77. (U) TACT-created CPUs are located in five municipalities in
southern Albania. Three more have been established by Save the
Children and UNICEF. The CPUs both identify victims and provide
social services to at-risk and returned victims. For the latter, it
assists children in the process of reintegration. TACT is building
capacity within CPUs to allow them to take over services once the
project closes. Local focal points of the project have been
awareness campaigns for students, and connecting at-risk children
with a social worker. Ongoing areas to be addressed by prevention
efforts include: children at-risk following their departure from
state orphanage institutions or those who are returned from having
been trafficked abroad; birth registration of children with state
authorities; school registration for children and their
reintegration, particularly those from vulnerable and marginalized
communities.
¶78. (U) The Coordinated Action Against Human Trafficking (CAAHT)
project, also funded by USAID, supports 13 sub-grants to local NGOs
for reintegration and prevention projects; coordinates
anti-trafficking efforts among stakeholders; and provides
information management and research. In 2007, CAAHT's $450,000
grant funded activities from family mediation services, awareness
raising, vocational training, and support to local government
structures.
----------
PREVENTION
----------
¶79. (U) A. The government acknowledges that trafficking is a
problem, and the highest levels of government take a personal
interest in combating it, including the Prime Minister.
¶80. (U) B. The Ministry of Education includes in its high school
curriculum awareness of the dangers of trafficking. This class is
currently an elective, and the National Coordinator is working to
both move it to the younger levels (elementary school) and include
it in a required course rather than as an elective. With
sponsorship from the International Organization for Migration (IOM),
the National Coordinator has held a series of 12 meetings with
students across Albania to answer their questions, raise awareness,
and promote prevention of trafficking and internal migration. In an
agreement with the OSCE, the Ministry of Culture and Tourism has
produced banners that are being posted at 15 border crossing points
to alert border-crossers that sexual relations with children is a
crime in Albania. The awareness campaigns target both potential
victims and potential pedophiles.
¶81. (U) The Albanian government marked the Europe-wide
Anti-Trafficking Week October 15-22, holding events to raise
awareness through public information campaigns.
¶82. (U) Also in conjunction with IOM, the government continued
service of its national toll-free 24-hour hotline for victims and
potential victims of trafficking. The Ministry of Interior took
over funding of the hotline from the UN Office for Drugs and Crime
and IOM in November 2007. The hotline both provides anonymous means
for victims to denounce traffickers and provides information on safe
and legal means of emigration, receiving 30 calls regarding legal
migration, 79 calls referred to IOM, one complaint of sexual
exploitation and one complaint against a police officer.
¶83. (U) NGOs also conduct prevention programs, as discussed in
Paragraph K above.
¶84. (SBU) C. During the reporting period the government generally
maintained good relations with NGOs and international donors. The
National Coordinator's office both supported and participated in
their programs. While generally available to most donors and NGOs,
cooperation became more difficult when problems were raised. NGO
Terre des Hommes, a USAID contractor on child trafficking prevention
programs, for example, reported difficulties in renewing its license
with the Ministry of Labor and Social Affairs. Communications with
the embassy and other international groups were at times strained
during the reporting period when these actors continually
highlighted to the government ongoing challenges that needed to be
met to implement the National Referral Mechanism.
¶85. (U) Coordination between local police entities and local NGOs
improved by the end of the reporting period, with the help of
interaction from the Minister of Interior, Director General of
Police and the National Coordinator for Anti-trafficking. All sides
took the issue seriously and addressed it quickly when problems of
communication were raised by international organizations.
¶86. (U) As part of drafting the new 2008-2011 action plan, the
National Coordinator was in the process of re-evaluating the current
anti-trafficking programs and services provided by NGOs and
international donors at the end of the reporting period. Her office
requested input into this process from all stakeholders. The
National Coordinator's office was at the same time completing the
2008 National Action Plan, to be finished in March 2008. The plan
will also include information and input from NGOs and other donors
and partners.
¶87. (U) D. Albania's borders remain porous, but the government has
made progress in monitoring crossings through the assistance of the
USG's ICITAP program and the EC's PAMECA. In 2006, the government
began implementation of an Anti-Speedboat Law, outlawing virtually
all water crafts along the Albanian coast. This led to an immediate
and significant drop in trafficking in persons to Italy. The law
will expire in 2009, by which time the government expects to have
Coast Guard boats in place to monitor its coastline.
¶88. (U) Since 2005, ICITAP has worked closely with the government
to implement an electronic border control information system, now
operational at 15 of 25 border crossing points, to monitor entries
and exits. The system was extended in 2006 to include prosecutor's
offices. This system was up and running, with occasional
interruptions, during the reporting period and is a key factor to
Albanian compliance with EU and NATO performance requirements and
the recording of returned persons, wanted persons, and fraudulent
travel documents. When fully functional, the system meets
international security standards and has been central to the rising
number of interdictions by the government.
¶89. (SBU) E. As mentioned elsewhere, the National Coordinator's
Office works in partnership with local organizations and
international partners to operate the National Referral Mechanism
(NRM), the government's primary mechanism of coordination among
stakeholders. The NRM provides a structure for police officers
(including border, customs and anti-trafficking police), social
workers employed by the Ministry of Labor, and NGOs who have signed
on to the mechanism, specifically the five womens' shelters, to work
as a team at the border checkpoints to identify and refer victims.
The goal of the NRM is to improve identification and referral
processes. Established in 2005, the NRM has been inconsistently and
inadequately implemented, particularly over the reporting period.
By early 2008, however, coordination and communication between the
NRM's partners had improved and the NRM was functioning more
smoothly.
¶90. (SBU) The National Coordinator's Office also manages the
Regional Committees, regional coordinating bodies that began in the
summer of 2006 and continued to meet during the reporting period.
These working groups are comprised of local police, local
anti-trafficking units, the women's shelters and other local NGOs to
oversee the NRM and to coordinate anti-trafficking initiatives in
the field on issues including education, social services, and police
activity, employment initiatives, and public awareness campaigns.
Local actors have stated that the committees have taken a slow and
reactive response to cases brought to them for resolution.
¶91. (U) The Responsible Authority was established by Ministerial
Order in 2006 to coordinate the referral process and victim's
services and reintegration. Its involvement in the anti-trafficking
process in 2007 was minimal.
¶92. (U) F. The government's 2005-2007 National Action Plan, written
and coordinated by the National Coordinator's Office, expired at the
end of the year. The 2008-2010 plan was still being written in
February 2008, due to be completed in March, and had not yet been
distributed for comment to international partners and NGOs. This
plan will set out priorities for 2008-2010, including assigning
tasks and responsibilities to government agencies and coordinating
NGO and government programs on anti-trafficking issues.
¶93. (U) G. The government has public awareness campaigns at the
border points to highlight the criminality of sexual relations with
minors (See Paragraph B above).
¶94. (U) H. Not applicable.
¶95. (U) I. Albania has troops serving abroad in Iraq, Afghanistan
and Bosnia. It has had no reported problems to date with soldiers
involved in the worst forms of trafficking.
¶96. (U) Embassy Point of Contact: Dena Brownlow, Political
Officer, phone: 355-4-247-285 extension 3268, fax: 355-4-232-222.
Hours spent on this report as follows: Ambassador: 2; Polchief: 8;
Poloff, 60; USAID: 20; RSO: 3; ICITAP: 14; RLA: 8.
WITHERS