THE REPUBLIC OF ALBANIA

THE ASSEMBLY

 

 

LAW

 

No. 8669 dated 26.10.2000

 

On

THE GENERAL CENSUS OF POPULATION AND DWELLINGS

 

 

Pursue to the Articles 78 and 83 of the Constitution, based upon the proposal of the Council of Ministers,

 

 

 

The Assembly

 

Of the Republic of Albania

 

decided

 

 

 

CHAPTER I

 

 

GENERAL PROVISIONS

 

 

Article 1

 

The aim of the census

 

1.       The census aims at providing the parliament, the government, the local authorities, the economic, scientific and cultural organisations, as well as the whole civil society, with reliable statistical information that is needed for planning and implementing general policies of development, for private and public analysis and decision making, for scientific research and, in general, for improving the citizens' knowledge and understanding of the demographic, economic and social reality of the country.

 

2. The census should provide information on:

 

a.       the figure and the geographical distribution of the resident population;

b.       the demographic structure and main characteristics of the population;

c.       the number, the geographical distribution and the structure of dwellings and buildings used for housing purposes;

d.       the housing conditions of the population.

 

      3.   The census aims at providing reliable information allowing the authorities

empowered by law to set up electoral lists and update the civil registers. 

 

 

Article 2

 

The object of the law

 

      This law provides the organisation and execution of a population and dwellings census in the territory of the Republic of Albania.

 

 

 

Article 3

 

Use of terms

 

In the meaning of this law the terms below shall be understood as follows:

 

a)       “Resident population” shall mean the population consisting of individuals, who on the enumeration day are present in the territory of the Republic, as well as those that are temporarily absent for less than one year.

b)       “Dwelling” shall mean one or more spaces, designated for dwelling, which have an independent entry to a street, floor, courtyard, terrace and at the moment of the census is inhabited or is destined to be inhabited by a person or group of persons.

 

Other concepts to be used in the enumeration process shall be defined in the census instructions book.

 

Article 4

 

Obligation to respond

 

All the Albanian and foreign citizens, excluding the foreign diplomatic personnel accredited in the Republic of Albania, who at the enumeration day are inside the territory of the Republic, are under obligation to accurately provide the information required for the census concerning themselves as well as their direct relatives.

 

 

 

Article 5

 

The authority of the census

 

            The census is organised and carried into execution by the Statistical Institute (INSTAT), under the supervision of the Central Commission for the Census and with the support of census commissions in Prefectures and census offices established in Communes and Municipalities. The competencies and relations of these bodies are determined in this law.

 

 

 

Article 6

 

The date of the census and period of enumeration

 

      The census moment is the midnight of the 31st of March 2001. The enumeration shall be executed within the month of April 2001.

 

 

Article 7

 

The subject of the census

 

1.         The census covers all urban and rural areas and is therefore conducted in each city and village throughout the territory of the Republic.

 

2.         It includes the resident population as well as all premises within the territory of the Republic that are used for dwelling, independently if they are movable or immovable property.

 

 

Article 8

 

The data collected

     

The information collected by the census consists of two categories of data:

 

a.       the external identifiers of individuals, consisting on the name, father's name, surname, address and topological identifiers.

b.       the structural data on the characteristics of buildings, dwellings, households and individuals requested for strict statistical purposes, in compliance with the international recommendations.

 

 

Article 9

 

Data protection and professional secrecy

 

The data collected by the census are protected in conformity with legislation in force. In particular, INSTAT and the Ministry of Local Government shall take the following steps:

a.       The staff who, through involvement in census operations, processing of electoral lists as well as updating of civil registers, and have knowledge of personal data, are subject to a duty of professional secrecy as provided by the Law No. 7687 dated 16.03.1993 “on Statistics” and the Law No. 8517 dated 22.07.1999 “On the protection of personal data”. A public authority shall not derogate from this duty, under any circumstance. Violation of this duty remains punishable even after the termination of the employment relationship with census.

b.       INSTAT and the Ministry of Local Government shall take all the appropriate technical, organisational and security measures to prevent unauthorised access to installations where the above mentioned data are conserved, as well as to prevent unauthorised processing of these data.

c.       The data collected for statistical purposes, after technical controls regarding their accuracy and consistency carried out by the census staff, are made anonymous by deleting the external identifiers from the electronic files.

d.       The anonymous individual data can be communicated to an authorised third party only for activities that are in conformity with the statistical aim of the census. The recipient of the data is subject to the duty of professional secrecy; it takes the appropriate security measures and ensures that any publication of statistical results will conform to the provisions of this law.

 

 

Article 10

 

The results of the census 

 

The statistical results of the census shall be a common good of the whole Albanian society. They shall be made available on the following conditions:

a.                     INSTAT presents and publishes the provisional and final results of the census on scientific and professional basis.

b.                     The statistical results both at country and local level, are publishable without restriction. However, they must be presented in a form that reasonably precludes any possibility that single individuals be identified.

 

 

 

CHAPTER II

 

COMPOSITION, COMPETENCIES AND RELATIONS OF

THE BODIES IN CHARGE OF THE CENSUS

           

 

Article 11

 

Central Commission of the Census

 

The Central Commission of the Census is composed of 23 members as following:

a.                   Deputy Prime Minister and Minister of Government

            Co-ordination                                                      Chairman

b.                   Minister of Finance                                                       Member

c.                   Minister of Local Government                                                     “

d.                   Minister of Economic Cooperation and Trade                            “

e.                   Minister of Justice                                                              “

f.                     Minister of Labour and Social Affairs                                       “

g.                   Minister of Education and Science                                                “

h.                   Minister of Public Works                                                               “

i.                     Minister of Transports                                                                    “

j.                     Minister of Health                                                               “

k.                   Minister of Public Order                                                                “

l.                     Minister of Defence                                                                        “

m.                 Minister of Foreign Affairs                                                   “

n.                   President of Academy of Science                                                            “

o.                   General Director of INSTAT                                                 “

p.                   Head of Real Estate Property Office                                     “

q.                   General Director of Institute of Social Insurance                     “

r.                    Dean of the Economic Faculty at the University of Tirana            “

s.                   Dean of  Social Sciences Faculty at the University of Tirana            “

t.                    Head of the Demographic Department (INSTAT)                       “

u.                   Head of statistics section in the Department

of Statistics, Informatics and Applied Mathematics       
in Economic Faculty at the University of Tirana             “

v.                    Three specialists on the fields of economics, informatics

            and demography selected by the central commission

            of the Census                                                           “

 

 

Article 12

 

Competencies of Central Commission of the Census

 

The Central Commission of the Census has the following competencies:

a.       It compiles and approves its own regulation.

b.       It supervises the preparation and execution of the census and advises INSTAT on the statistical information expected from the public authorities, the scientific circles and the civil society. 

c.       It guarantees the co-ordination of work between ministries and central bodies in view to the census as well as the support of scientific organisations. 

d.       It proposes to the Council of Ministers the membership of the census commissions in prefectures as well as of the census offices in municipalities and communes and decides their duties.

 

 

Article 13

 

Institute of Statistics

 

The Institute of Statistics (INSTAT) has the following competencies:

a.       It compiles the program of work, defines the methodology, selects the appropriate technical means and software programs, draws the questionnaire, issues the necessary instructions and orientations and conducts the preparation and the execution of the census on independent scientific and professional basis.

b.       It manages the human and financial resources provided for the census and reports to the Central Commission of the Census and to international donors on the use of these resources.

c.         It informs the relevant governmental authorities and bodies on the steps that should be taken for the census, conducts the public information campaign and reports to the Central Commission on the development of the census operations.

d.         It establishes the terms of reference and training guidelines that must be applied by the census commissions in the prefectures and census offices in municipalities and communes for the selection and training of the census staff. It conducts the fieldwork by registering the dwellings and buildings and takes all the necessary measures to ensure the timely and correct completion of the census, in co-operation with the census organs in municipalities and communes.

e.         It presents and publishes the preliminary and final results of the census.

 

 

Article 14

 

Census Commissions in the Prefecture

 

 

The Council of Ministries, on the proposal of the Central Commission of the Census, establishes a Census Commission in each Prefecture. This Commission, has the following responsibilities: 

 

a.       Following the instructions and orientations of INSTAT, it organises the preparatory work in view of the census within the territory of the prefecture, it selects the census staff and trains the controllers and takes all the necessary measures for carrying out in time and correctly the census process.

b.       It provides technical assistance to census offices in the municipalities and communes that are within the jurisdiction of prefecture and performs periodic inspections in these offices regarding to the development of census operations.

c.       It reports every week to INSTAT on the development of census operations in the prefecture, while during the week of census reports every day.

d.       In co-operation with INSTAT and the census office in municipality and commune organises the work for taking and sending the census questionnaires and related materials from this commission to the census office in municipality and commune.

 

 

Article 15

 

Census offices in the municipalities and communes

 

The Council of Ministries, with the proposal of the Central Commission of the Census, establishes a Census Office in each commune and municipality. This Office has the following tasks:

a) Following the instructions and orientations of INSTAT, it takes all necessary measures for ensuring the normal development of the census operations within the territory of the municipality or commune and provides information and assistance to census staff in cities and villages.

b)It selects and trains the enumerators and controls the implementation of their duties.

c)It reports every week to the census commission in the prefecture on the development of the census process within the territory of the municipality or commune, while during the census week reports every day.

d)It takes appropriate steps for ensuring good reception of census materials in the municipality or commune, safe depositing of these materials and timely delivery of them to the Census Commissions in the Prefecture.

 

 

 

 

CHAPTER III

 

CENSUS PROCEDURES

 

 

 

Article 16

 

Publicity

 

The aims and procedures of the census, as well as the legal obligations related to it, shall be made public through the media and by means of a broad information campaign, conducted by INSTAT. The information campaign should start at least 4 weeks prior the beginning of the census.

 

 

Article 17

 

Central Office for the registration of immovable property

 

The Central Office for the Registration of Immovable Property shall make available on time to INSTAT the maps that indicate the placement of the immovable property.

 

 

Article 18

 

Census staff

 

1.                     Census Staff is composed of:

a.                     enumerators, who, equipped with a distinctive official identification sign, go to every residence in order to interview the inhabitants and fill the census questionnaire accurately;

b.                     controllers, who support and control the work of a number of enumerators;

c.                     supervisors, who support and control the work of a number of controllers;

d.                     operators, who enter the data of the questionnaires in computerised systems;

e.                     managerial staff, that organises and conducts the preparation, information, logistics and administration of the census;

f.                       statisticians, demographers and other staff, who process the data, analyse the aggregates and produce the statistical results of the census.

 

2.                     INSTAT establishes the criteria for the selection, employment and training of census staff, that is appointed as follows:

a.                     appointment of enumerators is made by the census office at municipality or communes;

b.                     appointment of controllers is made by the Census Commission in the Prefecture on the proposal of the Census Office at municipality or communes;

c.                     appointment of supervisors is made by the Census Commission in the Prefecture;

d.                     appointment of operators, managerial staff and scientific experts is made by INSTAT.

 

 

 

Article 19

 

Prohibition of similar data collections

 

      1. During a period of time of 6 weeks prior the execution of the census and during the week of the collection of census data it is prohibited to all individuals and organisations to collect similar data within the territory of the Republic.

 

2. In conformity with legislation in force, all subjects who during the period mentioned above intend to collect information on individuals and dwellings or related to private and commercial activities, shall request a special authorisation to the Central Commission of the Census.

 

 

 

 

CHAPTER IV

 

ADMINISTRATIVE CONTRAVENTIONS

 

 

Article 20

 

Contraventions

 

1. Any breach to the rules provided in article 4 and 9 shall be considered as an administrative infringement and shall be punishable with a fine of 10000 to 20000 lek.

2. Any breach of the rules provided in the article 19, shall be considered as an administrative infringement and shall be punishable with a fine of 15000 to 20000 lek.

 

 

 

Article 21 

 

The punishments by fine of administrative infringements set forth in article 20 are given from the chairman of the Census Commission in the Prefectures. A claim against this decision can be filed at the Central Census Commission within 10 days of the declaration of the decision. A claim against the decision of the Central Census Commission can be filed at the Court within 10 days of the declaration of the decision. its

 

The procedures for fining and cashing of fines are regulated by law no. 7697 date 07.04.1993 “On administrative contraventions”.

 

 

 

CHAPTER V

 

FINAL PROVISIONS

 

 

Article 22

 

Within 2 months from the entry into effect of this law, the Council of Ministers shall issue the relevant regulations in compliance with the general principles set forth in articles 13, 14, 15, 16, 17, 18, 19 of this law.

 

 

Article 23 

 

The data collected during the census in March - April 2001 shall not be used for setting up the electoral lists of the parliamentary elections of the year 2001.

 

 

Article 23

 

This law enters into effect 15 days after its publication in the Official Journal.