Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously noted the actions taken to strengthen the legal and institutional framework to combat trafficking in persons, and in particular the relevant provisions of the Penal Code (sections 110a (trafficking of adults), 110b (benefit from or use of services provided by trafficked persons), and 110c (actions facilitating trafficking)); the adoption of the National Strategy on Combating Trafficking in Persons for 2014-2017; and the activities of the National Anti-trafficking Coordinator. The Committee requested the Government to provide information on the assessment of the implementation of the National Strategy as well as on the investigations and prosecutions carried out against persons engaged in trafficking in persons.

The Committee notes the Government’s indication in its report concerning the adoption of the National Action Plan on the fight against trafficking in persons for 2018-2020, which aims at strengthening the mechanism of identification, protection and reintegration of victims of trafficking and at raising awareness about trafficking in persons and its consequences. The Committee further observes from the Government’s website of the Electronic register for public notifications and consultations that a draft action plan on the fight against trafficking in persons for 2021–2023 is under elaboration. The Committee requests the Government to provide information on the measures taken under the National Action Plan for 2018-20 as well as on any assessment of the results achieved and on any obstacles encountered in its implementation. Please also provide information on the adoption and implementation of a new action plan.

2. Law enforcement. In relation to prosecution, the Government indicates that trafficking in persons cases committed by criminal organizations are now investigated and prosecuted by the Special Prosecution Office against Corruption and Organized Crime. Such cases are tried before the Special Court of First Instance for Corruption and Organized Crime established by the High Judicial Council’s Decision No. 286 of 18 December 2019. The Government further indicates that trafficking in persons cases not committed by criminal organizations are dealt with by the prosecution offices of general jurisdiction and district courts. The Government also refers to various regulations and instructions issued by the General Prosecutor's Office to ensure effective investigation and adequate assistance to victims of trafficking, as well as training activities on prevention and combating internal and cross-border trafficking in persons conducted for law enforcement bodies. The Government also indicates that, under section 110(a) of the Penal Code, in 2019, 19 cases involving eight defendants were registered and two cases involving four defendants were sent to court. In 2020, 23 cases involving eight defendants were registered and one case with one defendant was tried before the court. While noting the various measures taken to combat trafficking in persons, the Committee requests the Government to pursue its efforts to ensure that cases of trafficking in persons are identified, and that investigations and prosecutions are carried out. The Committee further requests the Government to continue to provide information on the measures taken in this regard, including on training, capacity building, and cooperation of law enforcement bodies. It also requests the Government to provide information on the number of investigations carried out, convictions and penalties imposed for violation of sections 110a, 110b, and 110c of the Penal Code.

3. Identification and protection of victims. In its previous comments, the Committee noted the information on the functioning of the three shelters and other centres for victims of trafficking as well as the types of social services and assistance provided to them. It also noted the increase in the number of victims of trafficking who had received assistance due to the better application of the standard operating procedures for the identification and referral to assistance of victims.

The Committee notes the information provided by the Government concerning the measures taken to provide better assistance to victims of trafficking in criminal proceedings. In particular, the Government refers to the creation of the post of victim coordinator in all prosecution offices of general jurisdiction who inform victims about their rights and facilitate access to social services. The Government further indicates that it has adopted employment promotion measures to facilitate access of victims of trafficking to employment programs. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its 2019 concluding observations, expressed concern about insufficient measures taken, particularly, in the areas of support for and identification, protection, referral, rehabilitation and social integration of victims of trafficking (CMW/C /ALB/CO/2, paragraph 69 a). In addition, in its 2019 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that Roma and Egyptian women and children are disproportionately represented among victims of trafficking, particularly for the purposes of sexual and labour exploitation, as well as forced begging (CERD/C/ALB/CO/9-12, paragraph 29). The Committee requests the Government to strengthen its efforts to ensure that cases of trafficking, both for labour and sexual exploitation, are adequately identified and that appropriate protection and assistance is provided to victims, paying special attention to children and women from the Roma and Egyptian communities, as well as other vulnerable groups. The Committee requests the Government to provide detailed information on the number of victims identified and the types of assistance and services provided.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, according to sections 25(1)(d) and 26(1)(ç) of the Act No. 59 of 2014 on Military Career in the Armed Forces of the Republic of Albania, members of career military personnel may apply for resignation to the competent body; and, in the absence of a reply within three months, the application to resign is considered as accepted. Observing that the application to resign may be refused, the Committee requested the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period.

The Committee notes from the information provided by the Ministry of Defence, that, in 2020, out of 425 requests, six members of military personnel were refused to resign; whereas, in 2021, the resignation of three members of military personnel was refused (out of 129 applications to resign). The Committee recalls again that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Therefore, the Committee requests the Government to ensure that in practice members of the armed forces are entitled to resign in peacetime within a reasonable period and to provide information on the number of applications to resign submitted under sections 25 and 26 of the Law No. 59 of 2014, the number of refusals and the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. Further to its previous request, the Committee takes due note of the Government’s indication that the Act No. 7933 of 1995 on Public Works, which allowed the suspension of unemployment insurance benefits in case of refusal to take part in public works programmes, is not in force. The Committee further observes that, according to section 4(6)(c) of the Act No. 146/2015 on Jobseekers, a person loses his/her status as a jobseeker and his/her unemployment benefit is suspended as a result of refusal to participate in employment programs, including public works programs (section 11(2) of the Act No. 15/2019 on Employment Promotion). Pursuant to section I, subsection (2) of the Council of Ministers’ Decision No. 535 of 8 July 2020 on procedures, criteria and rules for the implementation of the public works programs in the community, public works programs aim at the inclusion of the long-term unemployed in the labour market. Furthermore, according to section III, subsection 1 c) vii) of the Council of Ministers’ Decision No. 17 of 15 January 2020 on procedures, criteria and rules for the implementation of employment promotion programs through employment, on-the-job training and professional practices, employment programs are offered, among others, to jobseekers who have been receiving unemployment benefits for more than 3 months.

The Committee recalls that under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period and where the length of time during which benefits are paid is linked to the length of time the person concerned has worked, as is the case in Albania, the further requirement that persons perform work would constitute the imposition of compulsory labour under the threat of losing the benefits to which they are entitled (the 2007 General Survey, Eradication of forced labour, paragraph 129). Considering that public works programs aim at addressing long-term unemployment, the Committee requests the Government to ensure that persons who have just lost their jobs are not obliged to participate in employment programs under the menace of the suspension of their unemployment benefits in case of refusal.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that, pursuant to section 54 of the General Regulation of Prisons of 2015, detainees or convicted persons have the right to work in accordance with their abilities and that labour laws and regulations regarding occupational safety and health, social welfare, working time and labour relations apply equally to them. Noting that convicted persons might be employed by signing an employment contract with the Institution for the Execution of Criminal Decisions (IECD) or with third legal persons, the Committee requested the Government to provide examples of employment contracts between prisoners and the IECD or private entities.

The Committee takes note of the adoption of the Act No. 81 of 25 June of 2020 on the Rights and Treatment of Prisoners and Detainees. According to section 43(1) of the Act, prisoners capable of working have the right to perform a decent work chosen by them and forced labour, including as a form of disciplinary punishment, is prohibited. Section 43 also provides that prisoners can be employed by the IECD or by private entities inside or outside a prison. The Government further indicates that the draft Council of Ministers’ Decision on special rules for the employment of prisoners, working conditions, duration of work and its remuneration is under approval. In addition, the Government points out that various measures have been undertaken to promote the employment of prisoners by private entities, including through conclusion of cooperation agreements between prisons and private entities. The Committee requests the Government to confirm that prisoners working for private entities must first sign an employment contract and to provide copies of employment contracts between prisoners and the IECD or private entities. The Committee further requests the Government to provide a copy of the Council of Ministers’ Decision on special rules for the employment of prisoners, working conditions, duration of work and its remuneration.

The Committee takes note of the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC), received in 2020, denouncing the persistence of restrictions on the right of workers to establish trade unions. The Committee observes that these matters are being examined by the Committee on Freedom of Association (Case No. 3388). Noting that the Government has not provided its comments on the ITUC’s observations received in 2019, which alleged violations of trade union rights in practice, the Committee once again requests it to provide its comments in this respect.

Article 2 of the Convention. Right to organize of foreign workers. Further to its previous comments on the exercise of trade union rights by all foreign workers irrespective of their residence status, the Committee notes that the Government indicates in its report that the Act on Foreigners (No. 108 of 2013), as amended by Act No. 13 of 2020, does not address whether foreigners who do not have a working permit have the right to organize in unions. The Committee notes that Act No. 13 of 2020 did not amend section 70 of the Act on Foreigners, which provides that foreign workers with a permanent residence permit shall enjoy economic and social rights on the same terms as nationals. The Committee also notes that the Government has not provided any information on foreign workers’ exercise of trade union rights in practice. The Committee requests the Government to take, without delay, the necessary measures, including consideration of possible legislative amendments, to ensure that all foreign workers, whether or not they have a residence or a working permit, benefit from the trade union rights provided by the Convention, particularly the right to join organizations which defend their interests as workers. The Committee requests the Government to provide information on any progress made in this respect.

Article 3. Right of organizations to organize their activities and formulate their programmes. In its previous comments the Committee requested the Government to indicate any legal exceptions to the right to strike other than those provided in section 35 of the Act on civil servants (No. 152 of 2013) as well as to take any necessary measures to ensure that the legislation be amended so as not to unduly curtail the right of unions to organize their activities to defend the interest of workers. The Committee notes the Government’s indication that the exercise of the right to strike by civil servants must be in full compliance with section 35 of the Act on civil servants, as well as with the regulations set out in the Labour Code concerning the exercise of this right, which include providing for the possibility of requiring minimum services in essential services like water and electricity supply, as well as in other services of fundamental public importance. The Committee takes note that section 35 of the Act on civil servants remains in force and provides that the right to strike shall not be permitted for a list of services that includes both essential services in the strict sense of the term (such as water and electricity), as well as services which may not be considered essential services in the strict sense of the term – namely transport and public television. The Committee recalls in this regard that the right to strike may be restricted for public servants exercising authority in the name of the State, but as to other public servants and for services which are not considered essential in the strict sense of the term, the introduction of a negotiated minimum service, as a possible alternative to the full prohibition of strike action, could be appropriate in circumstances where strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population, or in public services of fundamental importance in which it is important to deliver the basic needs of users (see the 2012 General Survey on the fundamental Conventions, paragraphs 129 and 136). The Committee requests the Government to indicate whether civil servants not exercising authority in the name of the state and working in the transport and public television services may exercise the right to strike, subject to the possible establishment of minimum services; and if these civil servants are not able to exercise said right, to take the necessary measures to amend the legislation in light of the above.

The Committee takes note of the Government’s comments in reply to the observations of the International Trade Union Confederation (ITUC), received in 2020, denouncing anti-union discrimination acts in the mining sector, in particular against the chairperson of the Trade Union of United Mineworks of Bulquiza (TUUMB), and alleging the lack of adequate protection against anti-union discrimination. The Committee observes that these matters are being examined by the Committee on Freedom of Association (Case No. 3388). Noting that the Government has not provided its comments on the ITUC’s observations received in 2019, which alleged lack of adequate protection against anti-union discrimination and severe obstacles to collective bargaining, the Committee once again requests it to provide its comments in this respect.

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination. In its previous comments, the Committee had observed that despite the Labour Code providing for remedies in cases of anti-union discrimination, in the absence of a special jurisdiction, labour disputes were brought before ordinary courts, considerably delaying the procedures. The Committee had therefore requested the Government to provide detailed information on the practical application of the remedies for anti-union discrimination set out in the law, in particular the availability and use of any applicable enforcement mechanisms, such as judicial actions before the courts, and the duration of proceedings. The Committee notes the information provided by the Government according to which: (i) under section 9 of the Labour Code, issues of discrimination in employment and occupation are also regulated by Act on Protection from Discrimination (No. 10221 of 2010), as amended by Act No. 124 of 2020; (ii) this Act establishes the rules of proceeding for complaints against acts of discrimination before the Commissioner for Protection against Discrimination (CPD) (sections 33 and 33/1), which is an independent administrative authority, and before the court (sections 34 to 38); (iii) the amendments introduced by Act No.124 strengthen the effectiveness of the proceedings before the CPD; and (iv) in 2020, the Court System registered the existence of nine cases of discrimination, three of which gave rise to court rulings.

The Committee takes due note of this information. It also notes that the rules of procedure before both the CPD and the Court provide for an adjustment of the burden of proof in cases of alleged discrimination. At the same time, the Committee observes that the information provided by the Government on the cases of discrimination recorded by the judicial system does not indicate the nature of such cases and whether some of them refer or not to allegations of anti-union discrimination. The Committee therefore requests the Government to provide detailed information on the cases of anti-union discrimination resolved or pending before the CPD or the Court and to specify the duration of the proceedings and their concrete outcome.

Article 4. Promotion of collective bargaining. In its previous comments, noting that section 161 of the Labour Code provides that a collective agreement can only be concluded at the enterprise or branch level and that no collective agreements had been concluded at the national level, the Committee had requested the Government to continue providing information on the measures to promote collective bargaining at all levels, including at the national level. In this respect, the Committee notes the Government indications that: (i) no collective agreements have been concluded between the Government and workers and employers’ representatives at the national level; (ii) between 2019 and 2020 a final total of 20 collective agreements were concluded in the tourism, food, energy and oil sectors, covering 15 per cent of workers in the private sector; those agreements still being in force as their term is from 3 to 4 years; and (iii) one collective agreement in the health sector has been registered in 2021. Recalling that Article 4 of the Convention encourages and promotes the conclusion of bipartite collective agreements on terms and conditions of employment at all levels, the Committee regrets that no amendments have been made to section 161 of the Labour Code. The Committee therefore encourages the Government to take further measures to promote collective bargaining including at the national level when the parties so desire. It further requests the Government to continue providing information on the number of collective agreements that have been concluded and that are in force, the sectors covered, and the percentage of workers covered.

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. Further to its previous comment, the Committee notes the Government’s indication in its report that there is no gender pay gap in the public sector, as salaries are determined for the job position and are not based on gender. In this regard, the Committee would like to recall that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may be overvalued and favour male workers, such as physical effort, while others relating to traditionally “female” occupations, such as care work, are generally undervalued. Where tasks are largely performed by women, their frequent undervaluation results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Pay inequalities in the public sector may also result from unequal access for men and women to allowances, bonuses or other advantages. With respect to the private sector, the Government indicates that, according to the Evaluation Report of the National Strategy for Gender Equality (NSGE) for 2016-20, in 2020, the gender pay gap amounted to 10.1 per cent (with men being paid more than women on average) and decreased by 0.6 percentage point compared with the previous year. In 2019, the gender pay gap was highest in the manufacturing sector, where it reached 24.6 per cent, and lowest in the construction sector. By occupation, the Government indicates that the gender pay gap is highest for craftsmen, and equipment and machinery assembly workers (24.2 per cent) and lowest for the armed forces (3.0 per cent). The Committee observes that the Government reported similar figures on the gender pay gap in the National Review of the implementation of the Beijing Declaration and Platform for Action (1995) – Beijing + 25. In this report, the Government also indicated the concerns raised by the European Commission in 2018 with regard to the high proportion of women in the informal labour market, especially in the textile industries and footwear and the lack of disaggregated data on the number of women working in the informal economy (National Review for the Republic of Albania, 30 April 2019, pages 10-11). More generally, the Committee observes that the Gender Equality Index for the Republic of Albania published in 2020, concludes there are high levels of sex segregation in the labour market, with employment rates for women higher than for men in the social sectors of education, human health and social work (13.8 per cent of employed women and 3.9 per cent of employed men worked in these sectors in 2018) (page 11). In this regard, the Committee recalls that the horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower-level positions without promotion opportunities has been identified as one of the main underlying causes of pay inequality (2012 General Survey on Fundamental Conventions, paragraph 712). Noting that the gender pay gap is persistent and particularly high in certain sectors, the Committee requests the Government to provide detailed information on the measures adopted, in cooperation with workers’ and employers’ organizations, to specifically address horizontal and vertical occupational gender segregation and to increase the labour force participation rate of women in the formal labour market. Lastly, the Committee reiterates its request to the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of the economy, by occupational category, both in the public and private sectors, specifying their corresponding remuneration levels, and data on the gender pay gap in different sectors of the economy.

Articles 1(b) and 2. Definition of work of equal value. Legislation. The Committee recalls that section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code provide for different definitions of “work of equal value” and it requested the Government to provide information on their application in practice in comparing different jobs. The Committee notes the indication by the Government that job descriptions are not usually considered under the objective criteria set in section 115(4) of the Labour Code (the nature of the work, its quality and quantity, work conditions, professional background and seniority, physical and intellectual efforts, experience and responsibility), which constitutes an obstacle to the application of the principle in practice. The Committee also notes that the Government does not specify whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Government also reports on the awareness-raising activities on gender equality of the State Inspectorate of Labour and Social Services (SILSS), in cooperation with the Public Procurement Agency. The SILSS has placed a particular emphasis on the apparel industry where almost 95 per cent of workers are women. An awareness campaign was organized on the protections offered under the labour legislation and inspectors distributed leaflets on this theme. However, the campaign was interrupted due to the COVID-19 pandemic. While taking note of this information, the Committee stresses in this regard that public awareness-raising is essential to address prejudices and stereotypes regarding the professional abilities and aspirations of women (2012 General Survey, paragraph 865). On the number of relevant cases, the Government indicates that in 2020, two complaints for unequal treatment were addressed to SILSS and that in both cases, it was concluded that they were not justified. In 2020, there were 9 cases filed in Court on matters of discrimination in which the Commissioner for the Protection of Discrimination was summoned as an interested party. Three of them were completed in 2020 (one complaint was partially granted and another dismissed and both cases are currently pending in appeal, and the third one was declared inadmissible). One complaint was partially granted in 2021 and the other 5 cases are still pending. The People’s Advocate did not handle specific cases related to gender equality during the reporting period, as these matters are usually dealt with by the Commissioner for the Protection of Discrimination. In view of the absence of information provided in this regard, the Committee reiterates its request to Government to indicate whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Committee also asks the Government to take measures to continue raising awareness among both workers and employers and their respective organizations, as well as judges and other officials responsible for ensuring the implementation of the principle set out in the Convention, and to resume the awareness-raising activities of the SILSS on equal pay for men and women for work of equal value that had been interrupted due to the COVID-19 pandemic. Lastly, the Committee asks the Government to continue to provide information on the number, nature and outcome of cases of pay discrimination, in both the private and public sectors, dealt with by the competent authorities.

National strategies and action plans. The Committee asked the Government to provide information on: (1) the activities undertaken and the results achieved under the NSGE and reduction of Gender-based violence and Domestic Violence 2011–15 (NSGE – GBV and DV 2011-2015), as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value; (2) the progress achieved in the adoption and implementation of the new NSGE for 2016–20 (NSGE 2016-20), as well as on any other action plan aimed at implementing the principle of the Convention: (3) whether the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans. The Committee notes that the Government’s report does not contain information relating to equal remuneration. It notes however that the Government indicates that: (1) the review of the implementation of the NSGE-GBV and DV, showed an increase in the number of women, both in general and within vulnerable groups, with access to employment and vocational training programs; (2) women entrepreneurs had also been accompanied through the creation of a special support fund; (3) the NSGE Evaluation Report showed an increase in the participation of women and girls in the labour market; (4) the NSGE 2021-2030, which provides inter alia for improving the legal framework and policies that enable equal sharing of work, and unpaid family care, between men and women, is being approved; and (5) the National Council for Gender Equality (NCGE), an advisory body on state policies on gender equality, is consulted for every evaluation report and elaboration of draft strategies and plans on the matter. The Committee asks the Government to provide updated information on the elaboration and adoption of the National Strategy for Gender Equality 2021-2030, in particular on the measures envisaged with respect to equal remuneration for men and women, as well as on any other strategy or plan adopted aiming at advancing the application in practice of the principle of the Convention. The Committee also asks the Government to provide detailed information on the implementation and results of these policies relating to equal remuneration for work of equal value, including specific information on the monitoring and review mechanisms in place to measure their impact.

Article 3. Objective job evaluation. The Committee requested the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve. For the public service, the Government indicates that the civil service positions are classified according to categories, classes and the nature of the positions, in accordance with section 19 of the Law No. 152/2013 on civil servants. The nature of the institution in which the position is situated and the importance of the job position in relation to the institution’s mission are criteria used for the classification of job positions and consequently the determination of the corresponding salary category. The Committee notes that the Government does not provide information on the job evaluation methods used for the private sector. The Committee recalls that a job evaluation is a formal procedure which, through analysis of the content of jobs, gives a numerical value to each job. Analytical methods of job evaluation have been found to be the most effective where they compare and classify jobs on the basis of objective factors relating to, for example, skills/qualifications, efforts, responsibilities and working condition (2012 General Survey, paragraph 700). The Committee requests the Government to clarify whether the criteria used for the classification of job positions in the public sector are objective factors, such as skills/qualifications, efforts, responsibilities and working conditions and to clarify how the criteria of “importance of the position in relation to the institution’s mission” referred to in the Government’s report is being measured. The Committee further requests the Government to explain how it ensures that these criteria are free from gender bias. Lastly, the Committee asks the Government to provide information on any measure adopted to promote the use of objective job evaluation methods in the private sector.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established system. In its previous comments, the Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

– section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
– section 267 (propagating false information or false news, in words or in writing).

The Committee takes note of the information provided by the Government in its report on the application of section 262 of the Criminal Code, which includes decision No. 1500 of 11 June 2019 of the Tirana Judicial District court. The Committee observes that, in this decision, the Court conducted an in-depth analysis of the scope of the right of assembly, as well as of the necessary elements that qualify an illegal gathering and could entail criminal responsibility under section 262 of the Criminal Code. The Committee also notes that the Constitutional Court of the Republic of Albania, in its decision No. 24 of 5 May 2021, repealed the requirement to obtain prior permission of the competent authority for organizing public assembly in section 262 of the Criminal Code. The Government further indicates that, for the period 2020-2021, three court cases were registered under section 262 of the Criminal Code.

With respect to the application of section 267 of the Criminal Code, the Committee notes the Government’s indication that no court cases were registered under this provision in 2021.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the Law No. 18/2017 on the right and protection of children which provides, among others, for the right of every child to free and quality education and the right to protection from economic exploitation. The Committee also noted the various measures in the field of social protection and inclusion; protection from all forms of violence, abuse and economic exploitation; and the right to quality and comprehensive education implemented under the Action Plan for Children 2012–15.

The Committee notes the information provided by the Government in its report that the Decision of the Council of Ministers No. 129 of 13 March 2019 (Decision No. 129) establishes the procedures for the identification, immediate assistance, and referral of economically exploited children. Following Decision No. 129, in 2019, the field teams on the identification of economically exploited children were set up in 22 municipalities. Some 272 working children were identified in 2019 by the field teams and 150 in 2020. The Government indicates that the identified children received the necessary services, including medical care and placement in social care institutions and day care centers. The Committee also notes the adoption of the National Action Plan for the Protection of Children from Economic Exploitation, including Children in Street Situations for 2019–2021 (National Action Plan for 2019–2021) by the Decision of the Council of Ministers No. 704 of 21 October 2019. According to the 2019 periodic report of Albania to the Committee on the Rights of the Child, the main objectives of the National Action Plan for 2019-2021 are the prevention of children’s economic exploitation; protection based on the identified needs of the child; breaking the social and cultural barriers that provoke economic exploitation; and prosecution of the criminal cases related to the economic exploitation of children (CRC/C/ALB/5-6, paragraph 241). The Committee requests the Government to continue to pursue its efforts to combat child labour and to provide information on the specific measures taken, particularly under the framework of the National Action Plan for 2019–2021, and the results achieved in this regard. The Committee further requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons by age group and gender.

Article 2(1). Scope of application and labour inspection. Self-employed children or children working in the informal sector. The Committee previously noted that section 3(1) of the Labour Code and the Regulation “On the Protection of Children at Work Decision No 108/2017” exclude, from their applicability, children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector. The Committee further noted the measures taken by the Government to strengthen the labour inspection system to effectively monitor and enforce labour legislation, including in cases of finding informal employment.

The Committee notes the indication by the Government that in 2019, the State Labour Inspectorate and Social Services (SLISS) identified 255 working children under 18 years of age (88 girls and 167 boys), most of whom were working in manufacturing and trade. In January-March 2021, the SLISS identified 17 working children under 18 years of age. The Committee also notes the elaboration of a guide for labour inspectors on the identification of child labour for its effective monitoring. The Government further indicates that in 2019, 118 labour inspectors received training on the application of Decision No. 129, according to which labour inspectors shall immediately report on identified cases of child labour to the child protection officer. The Government also indicates that, due to the new structure of the SLISS established by virtue of the Prime Minister’s Order No. 156 of 24 November 2020, the total number of employees of the SLISS has increased from 154 to 165. The Committee, however, notes its comments on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) indicating the need to take measures to ensure the provision of suitably equipped offices and necessary transport facilities to labour inspectors and the low percentage of the inspection visits carried out in agriculture. The Committee requests the Government to continue to strengthen the functioning of the labour inspectorate to enable it to effectively monitor and detect cases of child labour, and prevent and remedy conditions that inspectors have reasonable cause to believe constitute a threat to the health or safety of children, including children working on their own account as well as in agriculture and the informal economy. It also requests the Government to provide statistical information on the number and nature of violations detected by the SLISS related to children engaged in child labour.

The Committee notes the observations of the Education International (EI), the Trade Union Federation of Education and Science of Albania (FSASH), and the Independent Trade Union of Education of Albania (SPASH) received on 3 September 2021.

Article 3(a) of the Convention. Sale and trafficking of children for commercial sexual exploitation. The Committee previously noted that, in its conclusions adopted in June 2015, the Conference Committee on the Application of Standards urged the Government to effectively enforce anti-trafficking legislation and to take measures for its effective implementation in practice. The Committee further noted that in 2016, 16 girls were identified as subject to sex trafficking.

The Committee notes the information provided by the Government in its report indicating a number of training activities on trafficking in persons conducted for police officers as well as their collaboration with the relevant child protection bodies. The Government also indicates that child-friendly facilities have been installed in several police stations to ensure qualitative interviewing of children, including victims of trafficking, adapted to their age. The Committee further takes note of the regulations issued for police officers on the treatment of child victims during the investigation.

The Committee notes the Government’s information that in 2019, 67 potential child victims of trafficking were identified. The Government indicates that according to the data of the State Police, in 2019, 7 cases, involving 17 offenders, were identified under section 128(b) (trafficking of minors) of the Criminal Code. The Government further indicates that in 2019, there were 6 cases, involving 2 defendants, investigated by the General Prosecutor’s Office and 2 persons convicted with 15 years of imprisonment by the Special Court of First Instance for Corruption and Organized Crime under section 128(b) of the Criminal Code. The Committee, however, notes that in its 2020 report concerning the implementation by Albania of the Council of Europe Convention on Action against Trafficking in Human Beings, the Group of Experts on Action against Trafficking in Human Beings (GRETA) expressed concern at the low number of convictions for trafficking in persons, including trafficking of children, and urged the Albanian authorities to take additional measures to ensure that cases of trafficking in persons are investigated proactively, prosecuted effectively, and lead to effective, proportionate and dissuasive sanctions (paragraphs 88, 89). The Committee further notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its concluding observations, expressed deep concern that Albania is a source, transit and destination country for victims of trafficking, including for women and children subjected to sex trafficking and forced labour (CMW/C/ALB/CO/2, paragraph 69). The Committee urges the Government to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out in respect of persons who engage in the trafficking of children, and that sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to provide information on the application of section 128(b) of the Criminal Code in practice, including statistics on the number of investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and ensuring their access to free basic education. Children from Roma and Egyptian communities. In its previous comments, the Committee noted that the Conference Committee had urged the Government to continue to remove barriers to greater participation of Roma and Egyptian children in the education system, including access to free basic education and access to education in their own language as well as to continue to take measures to stop trafficking and the practice of forced begging on the streets. The Committee further noted the various measures taken by the Government to improve the educational situation of Roma and Egyptian communities, including through facilitating enrolment in schools and the provision of free textbooks and scholarships for children of unemployed parents. The Committee, however, noted that many Roma and Egyptian children had never been enrolled, and the drop-out rates were still high.

The Committee notes the Government’s indication regarding the measures taken to reduce the school dropout rate among Roma and Egyptian children, such as providing scholarships to children who dropped out of school or who are at risk of dropping out, providing free school transport and after school classes for children with learning difficulties. The Committee also observes the adoption of the Instruction of the Ministry of Education, Sports and Youth No. 17 of 9 May 2018 which establishes the procedures for returning children to compulsory school. The Committee further observes the elaboration in 2019 of the Guideline “For monitoring children that are out of the education system and children that are at risk of dropping out” under the framework of the initiative “Every Child in school” supported by UNICEF. In particular, the Guideline provides for indications to educational institutions and other relevant actors on identifying children not attending compulsory school and preventing children from dropping out of school. The Government indicates the increase in the number of Roma and Egyptian children enrolled in school from 14,515 students in the 2019–20 school year to 14,875 students in the 2020–21 school year. In this respect, the Committee observes that the European Commission against Racism and Intolerance (ECRI) of the Council of Europe, in its 2020 Report on Albania, indicated that in comparison with 2011, the total number of Roma and Egyptian children enrolled in compulsory education increased from 48 per cent to 66 in 2018. The ECRI, however, noted the extremely low rate of compulsory education completion rates (43 per cent) by Roma and Egyptian children (paragraphs 43, 44). The Committee further notes the observations of the EI, the FSASH and the SPASH indicating that additional measures are needed to reduce school dropout rates, such as providing free meals to students from families with financial difficulties, including those from Roma and Egyptian communities. Moreover, teachers should be provided with additional remuneration for the work performed outside of school hours with students who have dropped out of school, their parents, and local government bodies. The Committee strongly encourages the Government to continue its efforts to facilitate access to free basic education of children in the Roma and Egyptian communities so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates of children from Roma and Egyptian communities. To the extent possible, this information should be disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the various services provided to families of street children, including registration of each child in the National register of Civil Registry; enrolment in schools; employment of parents; placement in the social care institutions; and referral for attendance at day-care centres for children. The Committee also noted the awareness-raising programme on the protection of street children and the establishment of a Task Force in Tirana to identify and protect street children.

The Committee notes that the National Action Plan for the Protection of Children from Economic Exploitation for 2019–2021 (National Action Plan for 2019–2021) specifically covers children working on the streets. The Committee further observes from the 2019 periodic report of Albania to the Committee on the Rights of the Child that the on-site teams responsible for the identification process of street children, provision of first aid, and immediate referrals to the responsible case management structures were established in each municipality. The Government specifies in the 2019 periodic report that services provided by the on-site teams cover, among others, counselling, enrolment of children in school, financial assistance, and medical care. It further indicates several measures undertaken by the state police bodies against the economic exploitation of children, including child begging, as part of the efforts to protect street children. It points out that the number of cases of child exploitation for begging referred to the prosecution office has increased from 4 in 2012 to 15 in 2017 (paragraphs 247, 251). The Committee further notes from the information provided by the Government that, in 2020, 125 children in street situations were identified and provided with the necessary social protection services, such as psychological support, medical examination, and civil registration. The Government also indicates the establishment by the Tirana Municipal Council’s Decision No. 66 of 12 June 2020 of the Community Field Centre, which coordinates the provision of social protection services to children in street situations. The Committee requests the Government to continue to take measures to protect children in street situations from the worst forms of child labour and to provide for their rehabilitation and social integration. It further requests the Government to provide information on the effective and time-bound measures taken in this regard, in particular under the framework of the National Action Plan for 2019–2021, and on the results achieved.

Comments adopted by the CEACR: Albania

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)