Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Albania (RATIFICATION: 1997)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In response to the Committee’s previous requests, the Government indicates that few claims concerning discrimination based on sex in the workplace were brought before the Labour and Social Services Inspection and explains that victims are reluctant to report discrimination and that, where cases are reported, there are difficulties to verify the reported facts or circumstances. In this regard, the Committee notes that, in the National Review on the Implementation of the Beijing Platform for Action (Beijing+25), the Government recalls a survey conducted by the People’s Advocate in 2017, according to which further measures are necessary in relation to the very limited number of cases of sexual harassment in jurisprudence, which is due to factors related to education and social awareness, the position of women in society, the lack of knowledge and awareness, and the lack of trust in institutions. The Committee also notes the Government’s indication that the Minister of Finance and Economy has started the procedure for the ratification of the ILO Violence and Harassment Convention, 2019 (No. 190).The Committee asks the Government to provide information on any measures taken to increase awareness about discrimination based on sex and sexual harassment and their underlying causes such as gender stereotypes and prejudices, and to address the causes for underreporting, such as the difficulty to access complaint mechanisms and the fear of reprisals, and information on the procedures available to remedy discrimination based on sex and sexual harassment.

Burden of proof. Harassment. In its previous comments, the Committee asked the Government to provide clarifications on the application of section 32.5 of the Labour Code regarding the burden of proof in harassment claims, and in particular regarding who has the burden to prove that the employer took, in line with section 32(1) of the same law, all necessary measures to prevent harassment. It also asked the Government to provide clarifications on the effects of the existence of the intention of harassment on the complaint. The Committee notes that the Government refers to the wording section 32.5 and indicates that, when assessing acts as moral harassment and harassment, considerations should also be made to the nature of the job, the duties and functions of the employee, the traditions and customs of the city/area and the meaning certain actions have in that area. The Committee notes that the Government does not fully reply to the issues raised, as section 32.5 of the Labour Code, when establishing the shift of the burden of proof, provides that “the person towards which the complaint is being addressed” shall prove that the person “did not intend the harassment”. The Committee would therefore like to recall that, the lack of intent or the existence of intent should not be relevant in harassment issues. It also highlights that the shift of the burden of proof is a useful means of correcting a situation of inequality where, in cases related to equality and non-discrimination, much of the information needed is in the hands of the employer (see 2012 General Survey on the fundamental Conventions, paragraph 885). The Committee observes that it is not clear, under national legislation, who has the burden to prove that the employer took the necessary steps to have a working environment free from harassment.Therefore, the Committee reiterates its request to the Government to clarify: (i) whether, even if the conduct was not intended, it may still constitute harassment and be addressed as such, because it may have the effect of violating the dignity of the complainant; and (ii) who has the burden to prove that the employer took all necessary measures to have a harassment-free working environment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that the Government makes reference to: (1) the National Employment and Skills Strategy (NESS) 2014–2020 (extended until 2022), which has improved the quality and gender sensitivity of labour market information and has promoted social entrepreneurship and economic empowerment of women; (2) the planning of a gender-sensitive review of the Skill Need Survey (SNS); (3) adoption of Law No.15/2019 on the promotion of employment, the establishment of the National Agency for Employment and Skills (NAES) in 2019 and the inclusion, in some employment programmes, of financial support to cover kindergarten and nurseries costs; and (4) the consideration of gender-related indicators when monitoring employment programmes and labour market information. The Government also indicates that the labour participation of women increased by 12 per cent between 2013 and 2019, but that the gender gap in employment participation increased from 11.9 per cent in 2016 to 14 per cent in 2019. It also provides statistical information on men’s and women’s participation in different sectors and occupations in the public and private sector and in the informal economy. Regarding formal employment, the data provided shows that women who are employed are in the public sector, in public administration, education and health, and when they are in the private sector, in trade transport, accommodation and food services. Women in informal employment seem to participate more in construction and trade, transport, hotel, business and administrative services. Regarding the situation of women in rural areas, the Committee notes that the National Strategy and Action Plan on Gender Equality 2016–2020 has as an objective the economic empowerment of women in rural areas, including by increasing the formalization of jobs and ensuring the enjoyment of property rights on agricultural land (objective 1.3). It also notes that the Economic Reform Programme 2020–2022 refers to a land reform which will enable, protect and respect the property rights of all women, men and young people. In addition, the National Strategy for Rural and Agricultural Development 2014–2020 includes the support for women-run enterprises and farms and indicators disaggregated by gender.The Committee asks the Government to provide information of the measures taken to scale-up the outreach and impact of the different equality and employment policy measures to promote equality between women and men in employment and occupation, including to decrease the gender gap in employment participation. The Committee also requests the Government to provide information on how such measures particularly address the situation of women in rural areas and in informal work, in particular their access to productive resources such as land and credit. It also asks the Government to provide information on the impact of the NESS 2014–2020, currently extended until 2022, on women’s economic empowerment.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the Ministry of Foreign Affairs has taken measures to design policies targeting people from disadvantaged groups at risk of exclusion, including Roma and Egyptian communities. The Committee notes that the National Action Plan for the Integration of Roma and Egyptians 2016–2020 includes employment and vocational education and training as a priority sector and mentions several factors linked to the low participation of Roma and Egyptians in employment programmes. The Plan includes poverty and the need to provide for basic needs, discrimination and stigma, lack of ID cards, and little knowledge on the existence of employment programmes. In this regard, the Committee notes that, according to the Albania Report to the European Commission for 2020, the implementation of the National Action Plan reached limited progress because it does not sufficiently increase capacities of the participants, and the next one should be adopted before the end of the year. The Committee further notes that the Government endorsed the Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process (Poznan Declaration) in 2019. The Committee also observes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended to Albania to strengthen the implementation of the National Action Plan and to include a gender-perspective in it in order to address multiple and intersecting forms of discrimination affecting in particular women in the Roma and Egyptian communities (CERD/C/ALB/CO/9-12, 2 January 2019 paragraphs 19–22). In the framework of the Universal Periodic Review, the Government also indicated that a network has been created among key ministries to improve coordination in the field of Roma and Egyptian integration (A/HRC/WG.6/33/ALB/1, 22 February 2019, paragraph 119).The Committee asks the Government to provide information on the results achieved of the National Action Plan for the Integration of Roma and Egyptians 2016–2020 and on the content of the future Plan. The Committee also asks the Government to provide information on any other measures taken to increase the labour participation of Roma and Egyptian people, and in particular to address the underlying causes and barriers that prevent them from enjoying equality and non-discrimination in employment and occupation, such as their low level of education and vocational training and discrimination and stigma.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite regional consultative councils have not been established. It notes from the Government’s report that the relevant draft regulations that have been prepared, in consultation with the social partners and with the cooperation of the ILO, have not been approved yet. The Government also indicates that the People’s Advocate carried out a round-table consultation including representatives of the private sector and trade unions on the topic of harassment and sexual harassment, and that the National Labour Council meeting scheduled on March 2020 to discuss the ILO Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation No. 206, could not take place due to the sanitary situation regarding Covid-19 pandemic. Recalling the key role of employers’ and workers’ organizations in the implementation of the Convention, theCommittee asks the Government to provide information on any measures taken to ensure that employers’ and worker’s organizations are made aware of, and promote the principle of the Convention.

Article 5. Restrictions on women’s access to employment.Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request that the Government examines the possibility of reviewing the list of jobs prohibited for women in Decision No. 207 of 2002 in light of the development of scientific knowledge and technology and the principle of gender equality, with a view to ensuring that prohibitions applicable to women’s employment in certain jobs or industries are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Awareness-raising and enforcement. The Committee notes the Government’s indication that section 9 of the Labour Code, which prohibits discrimination in employment and occupation, is implemented by courts, the Commissioner for Protection from Discrimination and the State Labour and Social Services Inspectorate. The Committee takes note of the five judicial decisions transmitted by the Government. It also observes that, in 2019: (1) there were 42 judicial proceedings concerning equality and non-discrimination in employment; (2) the Tirana Judicial District Court tried ten cases which mainly concerned compensation for discrimination based on political opinions and origin; (3) two cases were treated by the State Labour and Social Services Inspectorate; and (4) one complaint was registered before the People’s Advocate. The Committee notes the Government’s general indication that the State Inspectorate carries out awareness raising measures addressed to employers. The Committee further notes from the Albania Report to the European Commission for 2020 that the implementation and enforcement of the Labour Code need close monitoring and that, while the impact of labour inspections progressed, the capacity of the State Labour Inspectorate needs to be further strengthened.The Committee asks the Government to continue providing information on: (i) the number, nature and outcomes of cases of discrimination in employment and occupation examined by the Labour Inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate and the courts; and (ii) the specific measures taken by the Labour Inspectorate to raise awareness among social partners of the principles of equality and non-discrimination, in particular with respect to the discrimination grounds added to the Labour Code in 2015. The Committee also asks the Government to continue strengthening the enforcement of the non-discrimination and equality legal framework by ensuring effective access to remedies for victims and sufficient resources and adequate training for relevant institutions.

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In response to the Committee’s previous requests, the Government indicates that few claims concerning discrimination based on sex in the workplace were brought before the Labour and Social Services Inspection and explains that victims are reluctant to report discrimination and that, where cases are reported, there are difficulties to verify the reported facts or circumstances. In this regard, the Committee notes that, in the National Review on the Implementation of the Beijing Platform for Action (Beijing+25), the Government recalls a survey conducted by the People’s Advocate in 2017, according to which further measures are necessary in relation to the very limited number of cases of sexual harassment in jurisprudence, which is due to factors related to education and social awareness, the position of women in society, the lack of knowledge and awareness, and the lack of trust in institutions. The Committee also notes the Government’s indication that the Minister of Finance and Economy has started the procedure for the ratification of the ILO Violence and Harassment Convention, 2019 (No. 190). The Committee asks the Government to provide information on any measures taken to increase awareness about discrimination based on sex and sexual harassment and their underlying causes such as gender stereotypes and prejudices, and to address the causes for underreporting, such as the difficulty to access complaint mechanisms and the fear of reprisals, and information on the procedures available to remedy discrimination based on sex and sexual harassment.

Burden of proof. Harassment. In its previous comments, the Committee asked the Government to provide clarifications on the application of section 32.5 of the Labour Code regarding the burden of proof in harassment claims, and in particular regarding who has the burden to prove that the employer took, in line with section 32(1) of the same law, all necessary measures to prevent harassment. It also asked the Government to provide clarifications on the effects of the existence of the intention of harassment on the complaint. The Committee notes that the Government refers to the wording section 32.5 and indicates that, when assessing acts as moral harassment and harassment, considerations should also be made to the nature of the job, the duties and functions of the employee, the traditions and customs of the city/area and the meaning certain actions have in that area. The Committee notes that the Government does not fully reply to the issues raised, as section 32.5 of the Labour Code, when establishing the shift of the burden of proof, provides that “the person towards which the complaint is being addressed” shall prove that the person “did not intend the harassment”. The Committee would therefore like to recall that, the lack of intent or the existence of intent should not be relevant in harassment issues. It also highlights that the shift of the burden of proof is a useful means of correcting a situation of inequality where, in cases related to equality and non-discrimination, much of the information needed is in the hands of the employer (see 2012 General Survey on the fundamental Conventions, paragraph 885). The Committee observes that it is not clear, under national legislation, who has the burden to prove that the employer took the necessary steps to have a working environment free from harassment. Therefore, the Committee reiterates its request to the Government to clarify: (i) whether, even if the conduct was not intended, it may still constitute harassment and be addressed as such, because it may have the effect of violating the dignity of the complainant; and (ii) who has the burden to prove that the employer took all necessary measures to have a harassment-free working environment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that the Government makes reference to: (1) the National Employment and Skills Strategy (NESS) 2014–2020 (extended until 2022), which has improved the quality and gender sensitivity of labour market information and has promoted social entrepreneurship and economic empowerment of women; (2) the planning of a gender-sensitive review of the Skill Need Survey (SNS); (3) adoption of Law No.15/2019 on the promotion of employment, the establishment of the National Agency for Employment and Skills (NAES) in 2019 and the inclusion, in some employment programmes, of financial support to cover kindergarten and nurseries costs; and (4) the consideration of gender-related indicators when monitoring employment programmes and labour market information. The Government also indicates that the labour participation of women increased by 12 per cent between 2013 and 2019, but that the gender gap in employment participation increased from 11.9 per cent in 2016 to 14 per cent in 2019. It also provides statistical information on men’s and women’s participation in different sectors and occupations in the public and private sector and in the informal economy. Regarding formal employment, the data provided shows that women who are employed are in the public sector, in public administration, education and health, and when they are in the private sector, in trade transport, accommodation and food services. Women in informal employment seem to participate more in construction and trade, transport, hotel, business and administrative services. Regarding the situation of women in rural areas, the Committee notes that the National Strategy and Action Plan on Gender Equality 2016–2020 has as an objective the economic empowerment of women in rural areas, including by increasing the formalization of jobs and ensuring the enjoyment of property rights on agricultural land (objective 1.3). It also notes that the Economic Reform Programme 2020–2022 refers to a land reform which will enable, protect and respect the property rights of all women, men and young people. In addition, the National Strategy for Rural and Agricultural Development 2014–2020 includes the support for women-run enterprises and farms and indicators disaggregated by gender. The Committee asks the Government to provide information of the measures taken to scale-up the outreach and impact of the different equality and employment policy measures to promote equality between women and men in employment and occupation, including to decrease the gender gap in employment participation. The Committee also requests the Government to provide information on how such measures particularly address the situation of women in rural areas and in informal work, in particular their access to productive resources such as land and credit. It also asks the Government to provide information on the impact of the NESS 2014–2020, currently extended until 2022, on women’s economic empowerment.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that the Ministry of Foreign Affairs has taken measures to design policies targeting people from disadvantaged groups at risk of exclusion, including Roma and Egyptian communities. The Committee notes that the National Action Plan for the Integration of Roma and Egyptians 2016–2020 includes employment and vocational education and training as a priority sector and mentions several factors linked to the low participation of Roma and Egyptians in employment programmes. The Plan includes poverty and the need to provide for basic needs, discrimination and stigma, lack of ID cards, and little knowledge on the existence of employment programmes. In this regard, the Committee notes that, according to the Albania Report to the European Commission for 2020, the implementation of the National Action Plan reached limited progress because it does not sufficiently increase capacities of the participants, and the next one should be adopted before the end of the year. The Committee further notes that the Government endorsed the Declaration of Western Balkans Partners on Roma Integration within the EU Enlargement Process (Poznan Declaration) in 2019. The Committee also observes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended to Albania to strengthen the implementation of the National Action Plan and to include a gender-perspective in it in order to address multiple and intersecting forms of discrimination affecting in particular women in the Roma and Egyptian communities (CERD/C/ALB/CO/9-12, 2 January 2019 paragraphs 19–22). In the framework of the Universal Periodic Review, the Government also indicated that a network has been created among key ministries to improve coordination in the field of Roma and Egyptian integration (A/HRC/WG.6/33/ALB/1, 22 February 2019, paragraph 119). The Committee asks the Government to provide information on the results achieved of the National Action Plan for the Integration of Roma and Egyptians 2016–2020 and on the content of the future Plan. The Committee also asks the Government to provide information on any other measures taken to increase the labour participation of Roma and Egyptian people, and in particular to address the underlying causes and barriers that prevent them from enjoying equality and non-discrimination in employment and occupation, such as their low level of education and vocational training and discrimination and stigma.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite regional consultative councils have not been established. It notes from the Government’s report that the relevant draft regulations that have been prepared, in consultation with the social partners and with the cooperation of the ILO, have not been approved yet. The Government also indicates that the People’s Advocate carried out a round-table consultation including representatives of the private sector and trade unions on the topic of harassment and sexual harassment, and that the National Labour Council meeting scheduled on March 2020 to discuss the ILO Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation No. 206, could not take place due to the sanitary situation regarding Covid-19 pandemic. Recalling the key role of employers’ and workers’ organizations in the implementation of the Convention, the Committee asks the Government to provide information on any measures taken to ensure that employers’ and worker’s organizations are made aware of, and promote the principle of the Convention.

Article 5. Restrictions on women’s access to employment. Noting that the Government’s report does not contain any information in this regard, the Committee reiterates its request that the Government examines the possibility of reviewing the list of jobs prohibited for women in Decision No. 207 of 2002 in light of the development of scientific knowledge and technology and the principle of gender equality, with a view to ensuring that prohibitions applicable to women’s employment in certain jobs or industries are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Awareness-raising and enforcement. The Committee notes the Government’s indication that section 9 of the Labour Code, which prohibits discrimination in employment and occupation, is implemented by courts, the Commissioner for Protection from Discrimination and the State Labour and Social Services Inspectorate. The Committee takes note of the five judicial decisions transmitted by the Government. It also observes that, in 2019: (1) there were 42 judicial proceedings concerning equality and non-discrimination in employment; (2) the Tirana Judicial District Court tried ten cases which mainly concerned compensation for discrimination based on political opinions and origin; (3) two cases were treated by the State Labour and Social Services Inspectorate; and (4) one complaint was registered before the People’s Advocate. The Committee notes the Government’s general indication that the State Inspectorate carries out awareness raising measures addressed to employers. The Committee further notes from the Albania Report to the European Commission for 2020 that the implementation and enforcement of the Labour Code need close monitoring and that, while the impact of labour inspections progressed, the capacity of the State Labour Inspectorate needs to be further strengthened. The Committee asks the Government to continue providing information on: (i) the number, nature and outcomes of cases of discrimination in employment and occupation examined by the Labour Inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate and the courts; and (ii) the specific measures taken by the Labour Inspectorate to raise awareness among social partners of the principles of equality and non-discrimination, in particular with respect to the discrimination grounds added to the Labour Code in 2015. The Committee also asks the Government to continue strengthening the enforcement of the non-discrimination and equality legal framework by ensuring effective access to remedies for victims and sufficient resources and adequate training for relevant institutions.

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee recalls that sections 3(5) and 12(2) of the Law on Protection from Discrimination of 2010 cover both quid pro quo and hostile environment sexual harassment. It also recalls that section 16 of the Law on Gender Equality in Society of 2008 provides for employers’ obligations in relation to sexual harassment and that recommendations were made by the National Labour Council concerning internal regulations of enterprises addressing sexual harassment. The Committee notes that the report of the Government does not contain any information on the progress made to develop such internal regulations. The Committee however notes that section 32(2) of the Labour Code, as amended in 2005, defines, prohibits and addresses both quid pro quo and hostile environment sexual harassment. The Government also indicates in its report that it has recommended to the Ministry of Justice to include provisions on both sexual and moral harassment in the Criminal Code. Noting the Government’s indication that no complaint of sexual harassment has been received by the Commissioner for Protection against Discrimination or the courts, the Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern that gender-based violence remains prevalent in Albania (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 22). The Committee requests the Government to provide information on the measures taken, in cooperation with the social partners, to reduce gender-based violence in employment and occupation by raising awareness on sexual harassment among workers, employers and their organizations, including through the adoption by enterprises of internal regulations on sexual harassment. The Committee requests the Government to provide information on the number, nature and outcome of any cases of sexual harassment examined by the labour inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsperson) and the courts.

Burden of proof. Harassment. The Committee notes with interest that the Labour Code has been amended by Law No. 136/2015 in respect of sexual harassment and moral harassment. Section 32(1) now provides that the employer has the obligation to respect and protect the employment relationship by taking all necessary measures to ensure the safety, mental and physical health of employees (section 32(1)(a)); to prevent and stop moral and sexual harassment through relevant sanctions (section 32(1)(b)); and to prevent any behaviour that would undermine the dignity of the employee (section 32(1)(c)). Furthermore, section 32(3) prohibits employers from harassing workers with the purpose of, or resulting in, the degradation of working conditions to a degree that may result in a violation of the rights and dignity of the worker, damage the worker’s health, or inflict physical or mental damage to a worker’s future professional career. Section 32(5) provides for the burden of proof in harassment claims, stipulating that “an employee who submits a claim of being harassed in the manner provided for in this provision must submit evidence proving the harassment; at which point the person towards which the complaint is being addressed must prove objectively that the person did not intend the harassment”. The Committee welcomes the emphasis placed on dignity and a safe working environment as the animating values in determining the allocation of the burden of proof in sexual and moral harassment cases. It also welcomes that, according the Labour Code, the employer has a responsibility to take all reasonable measures, both preventative and disciplinary, for ensuring that the workplace environment is free from harassment – in other words a work environment that is not hostile, intimidating, degrading or humiliating. The Committee further welcomes the allocation of the burden of proof contained in the amendments, namely that the complainant has the burden of proving the conduct that is alleged to constitute harassment. Thereafter the burden falls on the perpetrator/employer to prove that the harassment was not intended (objectively determined). The Committee asks the Government to clarify whether the objective determination of intention takes into account the effect of the conduct on the complainant given that even if the conduct was not intended, it may still constitute harassment because it may violate the dignity of the complainant. In the light of the obligation on the employer to take all necessary measures referred to in section 32(1) to have a harassment-free working environment, the Committee also asks the Government to clarify who has the burden of proof that those measures have been taken. The Committee also requests the Government to provide information on the practical application of sections 32(1), (3) and (5) of the Labour Code, including relevant administrative or judicial decisions handed down concerning these provisions, and if so, details thereof.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that measures have been taken to promote women’s access to employment in the public sector (Decision No. 143 of 12 March 2014 “on procedures of recruitment, selection, probationary period, parallel movement and promotion for civil servants of the executive, low and middle managers categories”), more particularly in male-dominated sectors, such as the state police and the armed forces, where quotas have been introduced (50 per cent of women in new admissions to the police and 15 per cent of women in the armed forces). It notes the Government’s indication that as a result of temporary special measures provided for under the Electoral Code in 2014, women represented 21 per cent of parliamentarians, 36.8 per cent of ministers and 39.1 per cent of vice-ministers. The Government adds that, in 2014, women represented 45 per cent of those who benefited from vocational training in public centres. The Committee notes however that, in its concluding observations, the CEDAW expressed concern about women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection. The Committee further notes that concerns were also expressed about the situation of rural women who suffer from significant disparities in access to education and employment, as well as from the revival of patriarchal attitudes often resulting in gender-based violence, and who are characterized by a low participation rate in decision-making, especially for those living in remote mountainous areas. The CEDAW was further concerned that only a small percentage of women (8 per cent) own land, that Law No. 33/2012, which provides for joint ownership by both spouses of property acquired during marriage, is not being implemented effectively and that women are frequently discriminated against in matters of inheritance (CEDAW/C/ALB/CO/4, 25 July 2016, paragraphs 30, 36 and 41). The Committee requests the Government to provide information on the nature and impact of the measures taken to improve the participation rate of women in the formal labour market by promoting access to a wider range of occupations and industries, including in decision-making positions. It asks the Government to also indicate any measures taken to improve women’s economic empowerment, including in rural areas and through access to land. The Committee requests the Government to provide up-to-date statistical information on the situation of women and men in both the public and private sectors, disaggregated by economic sector and occupation, specifying the participation rates of women and men in the informal economy.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that employment promotion programmes have been implemented to give priority to unemployed workers from specific groups, such as the Roma and Egyptian communities, targeting, more particularly, women. As a result, in 2014, 233 out of 9,690 unemployed persons from the Roma and Egyptian communities registered in employment offices, half of whom were women, were placed in employment. It further notes the Government’s indication that 175 unemployed persons from the Roma and Egyptian communities have benefited from different professional courses within the public vocational training centres. The Committee notes the dissemination of informative brochures, leaflets and manuals on legal guarantees provided by the Law on Protection from Discrimination of 2010 that have been distributed in English, Greek, Roma, Macedonian and Montenegrin and notes that the Commissioner for Protection against Discrimination has undertaken awareness-raising activities among the Roma and Egyptian communities. While welcoming the efforts made by the Government, the Committee notes the limited access to the formal labour market of women belonging to ethnic and linguistic minorities, such as Roma and Egyptian women. It further notes that, in its 2015 report, the European Commission against Racism and Intolerance (ECRI) points out the lack of comprehensive and coherent data to evaluate the outcome of the National Strategy for Improving the Living Conditions of the Roma Minority of 2013 and the National Action Plan for Roma inclusion of 2010–15 and that the education outcomes of many Roma and Egyptians remain poor and obstruct their access to the regular labour market (ECRI Report on Albania, 19 March 2015, pages 9 and 10 and paragraph 53). The Committee requests the Government to continue providing information on the proactive measures taken to promote equal opportunity and treatment in access to education and employment for all men and women, irrespective of race, colour and national extraction, and the impact of those measures on the inclusion of the Roma and Egyptian communities in the education system and on the labour market.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the National Labour Council has not undertaken any activities on non-discrimination in employment and occupation. The Committee welcomes the inclusion in the Labour Code, pursuant to Law No. 136/2015 of 2015, of section 200/1 which provides for the establishment of Regional Tripartite Consultative Councils which would consider issues of common interest to employers’ and workers’ organizations in order to reach acceptable solutions for all parties at the regional level (section 200/1(2)). Noting that the Council of Ministers will determine the rules for the organization and functioning of Regional Tripartite Consultative Councils, the Committee requests the Government to provide information on any progress made in the setting up of such councils, as well as on any activities undertaken at the regional level, under Regional Tripartite Consultative Councils, or at the national level, under the National Labour Council, with respect to non-discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on women’s access to employment. The Committee previously noted that pursuant to Decision No. 397 of 1996 on “special protection of pregnant women and motherhood”, women are prohibited from performing work that can endanger their health and safety, or that of their child, and that Decision No. 207 of 9 May 2002 defines the list of hazardous and difficult jobs. The Committee notes that the Government provided a copy of Decision No. 207 of 2002. Noting the large number of jobs and industries that are defined as hazardous and difficult, pursuant to Decision No. 207 of 2002, the Committee requests the Government to examine the possibility of reviewing such a list in light of the development of scientific knowledge and technology and the principle of gender equality, with a view to ensuring that protective measures applicable to women’s employment in certain jobs or industries are still necessary and are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Enforcement. The Committee notes the absence of information provided by the Government on any cases of discrimination examined by the competent administrative and judicial authorities. The Committee notes that, in its concluding observations, the CEDAW expressed concern about the limited human and financial resources allocated to the offices of the People’s Advocate (Ombudsperson) and the insufficient consideration given to their recommendations, including those aimed at promoting gender equality and combating sex-based and gender-based discrimination (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 16). The Committee requests the Government to provide information on the number, nature and outcome of discrimination cases examined by the labour inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsperson) and the courts, and encourages the Government to ensure sufficient resources are allocated to those structures responsible for implementing the non-discrimination and equality legal framework.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest the adoption of Law No. 136/2015 which came into force in June 2016 and introduces amendments to the Labour Code. The Committee notes that section 9(2) prohibits discrimination in employment and occupation on a wide range of grounds that are already covered by section 1 of the Protection from Discrimination Law No. 10221 of 2010, and adds the grounds of disability, HIV/AIDS or union affiliation. The prohibition of discrimination covers access to employment, access to vocational training, and working conditions including termination of employment and remuneration (section 9(5)). In case of violations of section 9, the Committee notes that under new section 9(10), the burden of proof shifts to the employer once the plaintiff submits evidence upon the basis of which the court may presume discriminatory behaviour. The Committee further notes that new section 32(2) now defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee requests the Government to provide information on the application in practice of section 9 of the Labour Code, including on any activities carried out in order to raise awareness of workers, employers and their organizations, as well as of labour inspectors and judges on the new provisions of the Labour Code protecting workers from discrimination in employment and occupation.

Discrimination on the basis of political opinion. The Committee recalls that for a number of years, it has been expressing concern regarding the potentially discriminatory effect of “lustration” laws (Law No. 8043 of 30 November 1995 and afterwards Law No. 10034 of 22 December 2008) which provided for the exclusion of persons who had certain duties under the previous regime from serving in a broad range of public functions. The Committee also recalls that according to an amicus curiae opinion of the Venice Commission of the Council of Europe, aspects of the new “lustration” Law No. 10034 of 2008 were found to interfere disproportionately with the right to stand for election, the right to work and the right to access to public administration. The Committee notes with interest the Government’s indication in its report that by Decision No. 9, dated 2 March 2010, the Constitutional Court of the Republic of Albania unanimously decided that the “lustration” Law No. 10034 of 2008 was unconstitutional and consequently without effect.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee recalls that sections 3(5) and 12(2) of the Law on Protection from Discrimination of 2010 cover both quid pro quo and hostile environment sexual harassment. It also recalls that section 16 of the Law on Gender Equality in Society of 2008 provides for employers’ obligations in relation to sexual harassment and that recommendations were made by the National Labour Council concerning internal regulations of enterprises addressing sexual harassment. The Committee notes that the report of the Government does not contain any information on the progress made to develop such internal regulations. The Committee however notes that section 32(2) of the Labour Code, as amended in 2005, defines, prohibits and addresses both quid pro quo and hostile environment sexual harassment. The Government also indicates in its report that it has recommended to the Ministry of Justice to include provisions on both sexual and moral harassment in the Criminal Code. Noting the Government’s indication that no complaint of sexual harassment has been received by the Commissioner for Protection against Discrimination or the courts, the Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern that gender-based violence remains prevalent in Albania (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 22). The Committee requests the Government to provide information on the measures taken, in cooperation with the social partners, to reduce gender-based violence in employment and occupation by raising awareness on sexual harassment among workers, employers and their organizations, including through the adoption by enterprises of internal regulations on sexual harassment. The Committee requests the Government to provide information on the number, nature and outcome of any cases of sexual harassment examined by the labour inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsperson) and the courts.

Burden of proof. Harassment. The Committee notes with interest that the Labour Code has been amended by Law No. 136/2015 in respect of sexual harassment and moral harassment. Section 32(1) now provides that the employer has the obligation to respect and protect the employment relationship by taking all necessary measures to ensure the safety, mental and physical health of employees (section 32(1)(a)); to prevent and stop moral and sexual harassment through relevant sanctions (section 32(1)(b)); and to prevent any behaviour that would undermine the dignity of the employee (section 32(1)(c)). Furthermore, section 32(3) prohibits employers from harassing workers with the purpose of, or resulting in, the degradation of working conditions to a degree that may result in a violation of the rights and dignity of the worker, damage the worker’s health, or inflict physical or mental damage to a worker’s future professional career. Section 32(5) provides for the burden of proof in harassment claims, stipulating that “an employee who submits a claim of being harassed in the manner provided for in this provision must submit evidence proving the harassment; at which point the person towards which the complaint is being addressed must prove objectively that the person did not intend the harassment”. The Committee welcomes the emphasis placed on dignity and a safe working environment as the animating values in determining the allocation of the burden of proof in sexual and moral harassment cases. It also welcomes that, according the Labour Code, the employer has a responsibility to take all reasonable measures, both preventative and disciplinary, for ensuring that the workplace environment is free from harassment – in other words a work environment that is not hostile, intimidating, degrading or humiliating. The Committee further welcomes the allocation of the burden of proof contained in the amendments, namely that the complainant has the burden of proving the conduct that is alleged to constitute harassment. Thereafter the burden falls on the perpetrator/employer to prove that the harassment was not intended (objectively determined). The Committee asks the Government to clarify whether the objective determination of intention takes into account the effect of the conduct on the complainant given that even if the conduct was not intended, it may still constitute harassment because it may violate the dignity of the complainant. In the light of the obligation on the employer to take all necessary measures referred to in section 32(1) to have a harassment-free working environment, the Committee also asks the Government to clarify who has the burden of proof that those measures have been taken. The Committee also requests the Government to provide information on the practical application of sections 32(1), (3) and (5) of the Labour Code, including relevant administrative or judicial decisions handed down concerning these provisions, and if so, details thereof.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that measures have been taken to promote women’s access to employment in the public sector (Decision No. 143 of 12 March 2014 “on procedures of recruitment, selection, probationary period, parallel movement and promotion for civil servants of the executive, low and middle managers categories”), more particularly in male-dominated sectors, such as the state police and the armed forces, where quotas have been introduced (50 per cent of women in new admissions to the police and 15 per cent of women in the armed forces). It notes the Government’s indication that as a result of temporary special measures provided for under the Electoral Code in 2014, women represented 21 per cent of parliamentarians, 36.8 per cent of ministers and 39.1 per cent of vice-ministers. The Government adds that, in 2014, women represented 45 per cent of those who benefited from vocational training in public centres. The Committee notes however that, in its concluding observations, the CEDAW expressed concern about women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection. The Committee further notes that concerns were also expressed about the situation of rural women who suffer from significant disparities in access to education and employment, as well as from the revival of patriarchal attitudes often resulting in gender-based violence, and who are characterized by a low participation rate in decision-making, especially for those living in remote mountainous areas. The CEDAW was further concerned that only a small percentage of women (8 per cent) own land, that Law No. 33/2012, which provides for joint ownership by both spouses of property acquired during marriage, is not being implemented effectively and that women are frequently discriminated against in matters of inheritance (CEDAW/C/ALB/CO/4, 25 July 2016, paragraphs 30, 36 and 41). The Committee requests the Government to provide information on the nature and impact of the measures taken to improve the participation rate of women in the formal labour market by promoting access to a wider range of occupations and industries, including in decision-making positions. It asks the Government to also indicate any measures taken to improve women’s economic empowerment, including in rural areas and through access to land. The Committee requests the Government to provide up-to-date statistical information on the situation of women and men in both the public and private sectors, disaggregated by economic sector and occupation, specifying the participation rates of women and men in the informal economy.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that employment promotion programmes have been implemented to give priority to unemployed workers from specific groups, such as the Roma and Egyptian communities, targeting, more particularly, women. As a result, in 2014, 233 out of 9,690 unemployed persons from the Roma and Egyptian communities registered in employment offices, half of whom were women, were placed in employment. It further notes the Government’s indication that 175 unemployed persons from the Roma and Egyptian communities have benefited from different professional courses within the public vocational training centres. The Committee notes the dissemination of informative brochures, leaflets and manuals on legal guarantees provided by the Law on Protection from Discrimination of 2010 that have been distributed in English, Greek, Roma, Macedonian and Montenegrin and notes that the Commissioner for Protection against Discrimination has undertaken awareness-raising activities among the Roma and Egyptian communities. While welcoming the efforts made by the Government, the Committee notes the limited access to the formal labour market of women belonging to ethnic and linguistic minorities, such as Roma and Egyptian women. It further notes that, in its 2015 report, the European Commission against Racism and Intolerance (ECRI) points out the lack of comprehensive and coherent data to evaluate the outcome of the National Strategy for Improving the Living Conditions of the Roma Minority of 2013 and the National Action Plan for Roma inclusion of 2010–15 and that the education outcomes of many Roma and Egyptians remain poor and obstruct their access to the regular labour market (ECRI Report on Albania, 19 March 2015, pages 9 and 10 and paragraph 53). The Committee requests the Government to continue providing information on the proactive measures taken to promote equal opportunity and treatment in access to education and employment for all men and women, irrespective of race, colour and national extraction, and the impact of those measures on the inclusion of the Roma and Egyptian communities in the education system and on the labour market.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the National Labour Council has not undertaken any activities on non-discrimination in employment and occupation. The Committee welcomes the inclusion in the Labour Code, pursuant to Law No. 136/2015 of 2015, of section 200/1 which provides for the establishment of Regional Tripartite Consultative Councils which would consider issues of common interest to employers’ and workers’ organizations in order to reach acceptable solutions for all parties at the regional level (section 200/1(2)). Noting that the Council of Ministers will determine the rules for the organization and functioning of Regional Tripartite Consultative Councils, the Committee requests the Government to provide information on any progress made in the setting up of such councils, as well as on any activities undertaken at the regional level, under Regional Tripartite Consultative Councils, or at the national level, under the National Labour Council, with respect to non-discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on women’s access to employment. The Committee previously noted that pursuant to Decision No. 397 of 1996 on “special protection of pregnant women and motherhood”, women are prohibited from performing work that can endanger their health and safety, or that of their child, and that Decision No. 207 of 9 May 2002 defines the list of hazardous and difficult jobs. The Committee notes that the Government provided a copy of Decision No. 207 of 2002. Noting the large number of jobs and industries that are defined as hazardous and difficult, pursuant to Decision No. 207 of 2002, the Committee requests the Government to examine the possibility of reviewing such a list in light of the development of scientific knowledge and technology and the principle of gender equality, with a view to ensuring that protective measures applicable to women’s employment in certain jobs or industries are still necessary and are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Enforcement. The Committee notes the absence of information provided by the Government on any cases of discrimination examined by the competent administrative and judicial authorities. The Committee notes that, in its concluding observations, the CEDAW expressed concern about the limited human and financial resources allocated to the offices of the People’s Advocate (Ombudsperson) and the insufficient consideration given to their recommendations, including those aimed at promoting gender equality and combating sex-based and gender-based discrimination (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 16). The Committee requests the Government to provide information on the number, nature and outcome of discrimination cases examined by the labour inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsperson) and the courts, and encourages the Government to ensure sufficient resources are allocated to those structures responsible for implementing the non-discrimination and equality legal framework.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest the adoption of Law No. 136/2015 which came into force in June 2016 and introduces amendments to the Labour Code. The Committee notes that section 9(2) prohibits discrimination in employment and occupation on a wide range of grounds that are already covered by section 1 of the Protection from Discrimination Law No. 10221 of 2010, and adds the grounds of disability, HIV/AIDS or union affiliation. The prohibition of discrimination covers access to employment, access to vocational training, and working conditions including termination of employment and remuneration (section 9(5)). In case of violations of section 9, the Committee notes that under new section 9(10), the burden of proof shifts to the employer once the plaintiff submits evidence upon the basis of which the court may presume discriminatory behaviour. The Committee further notes that new section 32(2) now defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee requests the Government to provide information on the application in practice of section 9 of the Labour Code, including on any activities carried out in order to raise awareness of workers, employers and their organizations, as well as of labour inspectors and judges on the new provisions of the Labour Code protecting workers from discrimination in employment and occupation.

Discrimination on the basis of political opinion. The Committee recalls that for a number of years, it has been expressing concern regarding the potentially discriminatory effect of “lustration” laws (Law No. 8043 of 30 November 1995 and afterwards Law No. 10034 of 22 December 2008) which provided for the exclusion of persons who had certain duties under the previous regime from serving in a broad range of public functions. The Committee also recalls that according to an amicus curiae opinion of the Venice Commission of the Council of Europe, aspects of the new “lustration” Law No. 10034 of 2008 were found to interfere disproportionately with the right to stand for election, the right to work and the right to access to public administration. The Committee notes with interest the Government’s indication in its report that by Decision No. 9, dated 2 March 2010, the Constitutional Court of the Republic of Albania unanimously decided that the “lustration” Law No. 10034 of 2008 was unconstitutional and consequently without effect.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Article 1 of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee recalls that sections 3(5) and 12(2) of the Law on Protection from Discrimination of 2010 cover both quid pro quo and hostile environment sexual harassment. It also recalls that section 16 of the Law on Gender Equality in Society of 2008 provides for employers’ obligations in relation to sexual harassment and that recommendations were made by the National Labour Council concerning internal regulations of enterprises addressing sexual harassment. The Committee notes that the report of the Government does not contain any information on the progress made to develop such internal regulations. The Committee however notes that section 32(2) of the Labour Code, as amended in 2005, defines, prohibits and addresses both quid pro quo and hostile environment sexual harassment. The Government also indicates in its report that it has recommended to the Ministry of Justice to include provisions on both sexual and moral harassment in the Criminal Code. Noting the Government’s indication that no complaint of sexual harassment has been received by the Commissioner for Protection against Discrimination or the courts, the Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern that gender-based violence remains prevalent in Albania (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 22). The Committee requests the Government to provide information on the measures taken, in cooperation with the social partners, to reduce gender-based violence in employment and occupation by raising awareness on sexual harassment among workers, employers and their organizations, including through the adoption by enterprises of internal regulations on sexual harassment. The Committee requests the Government to provide information on the number, nature and outcome of any cases of sexual harassment examined by the labour inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsperson) and the courts.

Burden of proof. Harassment. The Committee notes with interest that the Labour Code has been amended by Law No. 136/2015 in respect of sexual harassment and moral harassment. Section 32(1) now provides that the employer has the obligation to respect and protect the employment relationship by taking all necessary measures to ensure the safety, mental and physical health of employees (section 32(1)(a)); to prevent and stop moral and sexual harassment through relevant sanctions (section 32(1)(b)); and to prevent any behaviour that would undermine the dignity of the employee (section 32(1)(c)). Furthermore, section 32(3) prohibits employers from harassing workers with the purpose of, or resulting in, the degradation of working conditions to a degree that may result in a violation of the rights and dignity of the worker, damage the worker’s health, or inflict physical or mental damage to a worker’s future professional career. Section 32(5) provides for the burden of proof in harassment claims, stipulating that “an employee who submits a claim of being harassed in the manner provided for in this provision must submit evidence proving the harassment; at which point the person towards which the complaint is being addressed must prove objectively that the person did not intend the harassment”. The Committee welcomes the emphasis placed on dignity and a safe working environment as the animating values in determining the allocation of the burden of proof in sexual and moral harassment cases. It also welcomes that, according the Labour Code, the employer has a responsibility to take all reasonable measures, both preventative and disciplinary, for ensuring that the workplace environment is free from harassment – in other words a work environment that is not hostile, intimidating, degrading or humiliating. The Committee further welcomes the allocation of the burden of proof contained in the amendments, namely that the complainant has the burden of proving the conduct that is alleged to constitute harassment. Thereafter the burden falls on the perpetrator/employer to prove that the harassment was not intended (objectively determined). The Committee asks the Government to clarify whether the objective determination of intention takes into account the effect of the conduct on the complainant given that even if the conduct was not intended, it may still constitute harassment because it may violate the dignity of the complainant. In the light of the obligation on the employer to take all necessary measures referred to in section 32(1) to have a harassment-free working environment, the Committee also asks the Government to clarify who has the burden of proof that those measures have been taken. The Committee also requests the Government to provide information on the practical application of sections 32(1), (3) and (5) of the Labour Code, including relevant administrative or judicial decisions handed down concerning these provisions, and if so, details thereof.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that measures have been taken to promote women’s access to employment in the public sector (Decision No. 143 of 12 March 2014 “on procedures of recruitment, selection, probationary period, parallel movement and promotion for civil servants of the executive, low and middle managers categories”), more particularly in male-dominated sectors, such as the state police and the armed forces, where quotas have been introduced (50 per cent of women in new admissions to the police and 15 per cent of women in the armed forces). It notes the Government’s indication that as a result of temporary special measures provided for under the Electoral Code in 2014, women represented 21 per cent of parliamentarians, 36.8 per cent of ministers and 39.1 per cent of vice-ministers. The Government adds that, in 2014, women represented 45 per cent of those who benefited from vocational training in public centres. The Committee notes however that, in its concluding observations, the CEDAW expressed concern about women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection. The Committee further notes that concerns were also expressed about the situation of rural women who suffer from significant disparities in access to education and employment, as well as from the revival of patriarchal attitudes often resulting in gender-based violence, and who are characterized by a low participation rate in decision-making, especially for those living in remote mountainous areas. The CEDAW was further concerned that only a small percentage of women (8 per cent) own land, that Law No. 33/2012, which provides for joint ownership by both spouses of property acquired during marriage, is not being implemented effectively and that women are frequently discriminated against in matters of inheritance (CEDAW/C/ALB/CO/4, 25 July 2016, paragraphs 30, 36 and 41). The Committee requests the Government to provide information on the nature and impact of the measures taken to improve the participation rate of women in the formal labour market by promoting access to a wider range of occupations and industries, including in decision-making positions. It asks the Government to also indicate any measures taken to improve women’s economic empowerment, including in rural areas and through access to land. The Committee requests the Government to provide up-to-date statistical information on the situation of women and men in both the public and private sectors, disaggregated by economic sector and occupation, specifying the participation rates of women and men in the informal economy.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the Government’s indication that employment promotion programmes have been implemented to give priority to unemployed workers from specific groups, such as the Roma and Egyptian communities, targeting, more particularly, women. As a result, in 2014, 233 out of 9,690 unemployed persons from the Roma and Egyptian communities registered in employment offices, half of whom were women, were placed in employment. It further notes the Government’s indication that 175 unemployed persons from the Roma and Egyptian communities have benefited from different professional courses within the public vocational training centres. The Committee notes the dissemination of informative brochures, leaflets and manuals on legal guarantees provided by the Law on Protection from Discrimination of 2010 that have been distributed in English, Greek, Roma, Macedonian and Montenegrin and notes that the Commissioner for Protection against Discrimination has undertaken awareness-raising activities among the Roma and Egyptian communities. While welcoming the efforts made by the Government, the Committee notes the limited access to the formal labour market of women belonging to ethnic and linguistic minorities, such as Roma and Egyptian women. It further notes that, in its 2015 report, the European Commission against Racism and Intolerance (ECRI) points out the lack of comprehensive and coherent data to evaluate the outcome of the National Strategy for Improving the Living Conditions of the Roma Minority of 2013 and the National Action Plan for Roma inclusion of 2010–15 and that the education outcomes of many Roma and Egyptians remain poor and obstruct their access to the regular labour market (ECRI Report on Albania, 19 March 2015, pages 9 and 10 and paragraph 53). The Committee requests the Government to continue providing information on the proactive measures taken to promote equal opportunity and treatment in access to education and employment for all men and women, irrespective of race, colour and national extraction, and the impact of those measures on the inclusion of the Roma and Egyptian communities in the education system and on the labour market.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the National Labour Council has not undertaken any activities on non-discrimination in employment and occupation. The Committee welcomes the inclusion in the Labour Code, pursuant to Law No. 136/2015 of 2015, of section 200/1 which provides for the establishment of Regional Tripartite Consultative Councils which would consider issues of common interest to employers’ and workers’ organizations in order to reach acceptable solutions for all parties at the regional level (section 200/1(2)). Noting that the Council of Ministers will determine the rules for the organization and functioning of Regional Tripartite Consultative Councils, the Committee requests the Government to provide information on any progress made in the setting up of such councils, as well as on any activities undertaken at the regional level, under Regional Tripartite Consultative Councils, or at the national level, under the National Labour Council, with respect to non-discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on women’s access to employment. The Committee previously noted that pursuant to Decision No. 397 of 1996 on “special protection of pregnant women and motherhood”, women are prohibited from performing work that can endanger their health and safety, or that of their child, and that Decision No. 207 of 9 May 2002 defines the list of hazardous and difficult jobs. The Committee notes that the Government provided a copy of Decision No. 207 of 2002. Noting the large number of jobs and industries that are defined as hazardous and difficult, pursuant to Decision No. 207 of 2002, the Committee requests the Government to examine the possibility of reviewing such a list in light of the development of scientific knowledge and technology and the principle of gender equality, with a view to ensuring that protective measures applicable to women’s employment in certain jobs or industries are still necessary and are not based on stereotypes regarding women’s professional abilities and capabilities and are strictly limited to maternity protection.

Enforcement. The Committee notes the absence of information provided by the Government on any cases of discrimination examined by the competent administrative and judicial authorities. The Committee notes that, in its concluding observations, the CEDAW expressed concern about the limited human and financial resources allocated to the offices of the People’s Advocate (Ombudsperson) and the insufficient consideration given to their recommendations, including those aimed at promoting gender equality and combating sex-based and gender-based discrimination (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 16). The Committee requests the Government to provide information on the number, nature and outcome of discrimination cases examined by the labour inspectorate, the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsperson) and the courts, and encourages the Government to ensure sufficient resources are allocated to those structures responsible for implementing the non-discrimination and equality legal framework.

CMNT_TITLE

Article 1 of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest the adoption of Law No. 136/2015 which came into force in June 2016 and introduces amendments to the Labour Code. The Committee notes that section 9(2) prohibits discrimination in employment and occupation on a wide range of grounds that are already covered by section 1 of the Protection from Discrimination Law No. 10221 of 2010, and adds the grounds of disability, HIV/AIDS or union affiliation. The prohibition of discrimination covers access to employment, access to vocational training, and working conditions including termination of employment and remuneration (section 9(5)). In case of violations of section 9, the Committee notes that under new section 9(10), the burden of proof shifts to the employer once the plaintiff submits evidence upon the basis of which the court may presume discriminatory behaviour. The Committee further notes that new section 32(2) now defines and prohibits both quid pro quo and hostile environment sexual harassment. The Committee requests the Government to provide information on the application in practice of section 9 of the Labour Code, including on any activities carried out in order to raise awareness of workers, employers and their organizations, as well as of labour inspectors and judges on the new provisions of the Labour Code protecting workers from discrimination in employment and occupation.

Discrimination on the basis of political opinion. The Committee recalls that for a number of years, it has been expressing concern regarding the potentially discriminatory effect of “lustration” laws (Law No. 8043 of 30 November 1995 and afterwards Law No. 10034 of 22 December 2008) which provided for the exclusion of persons who had certain duties under the previous regime from serving in a broad range of public functions. The Committee also recalls that according to an amicus curiae opinion of the Venice Commission of the Council of Europe, aspects of the new “lustration” Law No. 10034 of 2008 were found to interfere disproportionately with the right to stand for election, the right to work and the right to access to public administration. The Committee notes with interest the Government’s indication in its report that by Decision No. 9, dated 2 March 2010, the Constitutional Court of the Republic of Albania unanimously decided that the “lustration” Law No. 10034 of 2008 was unconstitutional and consequently without effect.

The Committee is raising other matters in a request addressed directly to the Government.

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Sexual harassment. The Committee recalls that sections 3(5) and 12(2) of the Law on Protection from Discrimination of 2010 cover both quid pro quo and hostile environment sexual harassment. It also recalls that in the context of section 16 of the Law on Gender Equality in Society of 2008, which provides for employers’ obligations concerning sexual harassment, recommendations were made by the National Labour Council concerning internal regulations of enterprises addressing sexual harassment. The Committee notes the Government’s indication that in line with the directives and policies of the European Union, the Ministry of Labour, Social Affairs and Equal Opportunities has initiated the process of revising the Labour Code, including shifting the burden of proof to employers in cases of discrimination, including sexual harassment. It also notes the Government’s indication that in 2011, one case concerning sexual harassment was filed with the Commissioner’s Office pursuant to section 33 of the Law on Protection from Discrimination, and the same complaint was lodged before the court. The Government also indicates that the new National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15 is aimed at increasing the awareness of employers’ and workers’ organizations on sexual harassment. The Committee again asks the Government to provide specific information on the progress made pursuant to the recommendations of the National Labour Council, to develop internal regulations on sexual harassment, including whether any internal regulations have been adopted at the enterprise level in accordance with section 16 of the Law on Gender Equality in Society. Please continue to provide information on any cases of sexual harassment brought pursuant to the Gender Equality Law or the Law on Protection from Discrimination, including to the Commissioner for Protection against Discrimination, the People’s Advocate, and the courts, and on the outcomes of those cases. The Committee also asks the Government to intensify its efforts, in cooperation with the social partners, to raise awareness on sexual harassment in employment and occupation, and on the relevant legal provisions and avenues of dispute resolution, among employers, workers and their organizations.

Article 2 of the Convention. Promotion of equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, and an Action Plan for its implementation in June 2011. The priorities of this National Strategy include increasing women’s participation in decision-making, and the economic empowerment of women and girls. The objectives of the Action Plan include promotion of vocational training of women, especially in rural areas, and monitoring the Employment Encouragement Programmes. In this connection, the Committee recalls section 8 of the Law on Gender Equality in Society on temporary special measures. It also recalls that quotas had been set out in the Electoral Code (Law No. 10 019) of 2008, as amended by the Constitutional Court Decision No. 32 of 21 June 2010, requiring representation of each sex of at least 30 per cent on the multi-name list of each party (section 67(5)). The Committee notes the Government’s indication that draft amendments to section 67 of the Electoral Code are being discussed in the Election Reform Commission of the Parliament. The Government also indicates that a draft decision of the Council of Ministers will include a quota of at least 30 per cent representation of each sex in public administration levels and all advisory boards. In addition, in the state police, a quota of 50 per cent women was set for admissions of new staff, pursuant to a decision of the Council of Ministers in November 2011. The Government further indicates that the Employment Encouragement Programmes, in which a focus has been put on disadvantaged groups of women, including victims of trafficking, disabled women, Roma women over 35 years of age, young mothers, and divorced women, has continued to be implemented in 2011. According to the Government, in 2011, 1,041 women out of 2,468 unemployed jobseekers who belong to special groups (4,751 women out of 8,531 unemployed jobseekers in total) received training conducted by the Regional Vocational Training Directorates. The Committee asks the Government to continue to provide information on the implementation of section 8 of the Law on Gender Equality in Society including information on temporary special measures adopted, as well as the impact of such measures. The Committee also asks the Government to continue to provide information on the number of men and women benefiting from training courses, and their respective representation in the different course subjects, including those offered by the Regional Vocational Training Directorates under the Employment Encouragement Programmes, as well as information on the extent to which the training has led to securing employment.

Promotion of equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee recalls the National Strategy on the Improvement of the Living Conditions of the Roma Community. The Committee notes the Government’s indication that there was a 15 per cent increase in the number of the unemployed Roma who registered in employment offices, due to awareness raising on the necessity of registration to obtain free vocational training pursuant to Order No. 782 of 2006. A total of 217 persons of the Roma community received vocational training by the Public Regional Vocational Training Directorates in 2011 under the Employment Encouragement Programmes. The Committee asks the Government to continue to provide information on the measures taken to promote equal opportunity and treatment in employment and occupation of those belonging to the Roma community, including through the National Strategy on the Improvement of the Living Conditions of the Roma Community, the Employment Encouragement Programmes, the Action Plan of the Decade of Roma Inclusion, the project “Empowering the Vulnerable Minority Communities of Albania”, and the results achieved in promoting equal access to vocational guidance, training programmes, placement services and employment. The Committee also asks the Government to provide information on the measures taken to ensure equality in employment and occupation of ethnic minorities, including the Egyptian and Roma communities, and to indicate whether the Commissioner for Protection against Discrimination has taken any measures to promote the principle of equality and non-discrimination towards ethnic minorities, pursuant to section 32(d) of the Law on Protection from Discrimination.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee recalls the Government’s previous indication that the National Labour Council operates as a tripartite consultative body. It notes the Government’s indication that the social partners have collaborated in promoting and raising awareness on equal opportunities and treatment in employment by participating in drafting legislation and policies, as well as in relevant activities. The Committee asks the Government to provide detailed information on the activities undertaken by the National Labour Council, particularly with respect to non discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on hazardous work for pregnant and breastfeeding women. The Committee once again asks the Government to provide a copy of Decision No. 207 of 9 May 2002, defining the list of hazardous and difficult jobs.

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Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee previously expressed concern regarding the potentially discriminatory effect of a “lustration” law, (screening act), Law No. 8043 of 30 November 1995, which may have amounted to discrimination based on political opinion, but most of the provisions of which expired on 31 December 2001. The Committee notes the adoption of a new “lustration” law, Law No. 10034, which entered into force on 30 January 2009, and provides for the exclusion of persons who had certain duties under the previous regime from serving in a broad range of public functions. On 16 February 2009, the Constitutional Court of Albania suspended the application of the Law pending a decision of its constitutionality. On 20 February 2009, the Court asked the Venice Commission of the Council of Europe to give an amicus curiae opinion on the Law. The Venice Commission found that there were several aspects of the Law that could interfere disproportionately with the right to stand for election, the right to work and the right to access to the public administration (Opinion No. 524/2009, paragraph 161). The Venice Commission also noted the fact that the objective and personal scope of application of this Law was very broad and imprecise, while it left little or no room for consideration of each case individually (paragraph 152). The Committee asks the Government to indicate the current status of Law No. 10034 of 2009, and to indicate how it is ensured that there is protection against discrimination in employment and occupation based on political opinion. The Committee also asks the Government to provide information on the practical application of this Law, if it is currently in force, including the following:

• (i) the extent to which individual consideration is given in the process of verifying incompatibility of functions when a candidate assumed duties listed under section 4 of the Law;
• (ii) the number of persons who have been dismissed , or excluded from being a candidate for, or employed in, the posts and professions listed under section 3 of the Law; and
• (iii) any judicial decisions given concerning the application of the Law, including by the Constitutional Court.

The Committee is raising other points in a request addressed directly to the Government.

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Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee recalls its previous comments noting that the Law No. 8043 of 30 November 1995 on the “Verification of the image of officials as well as other persons relating to the protection of the democratic State Act”, as amended by Act No. 8280 of 1998, excludes persons who have served or have been candidates in bodies or functions of the previous regime between 24 November 1944 and 31 March 1991 from serving in certain public functions and engage in certain professions. The Committee expressed concern that such broad exclusions could amount to discrimination on the ground of political opinion. The Committee notes the Government’s very general indication that it does not possess any information regarding dismissals occurring under the Law No. 8043. The Committee asks the Government to revise the provisions of Act No. 8043 in order to ensure that it does not lead to discrimination in employment and occupation based on political opinion. The Committee once again asks the Government to provide information on the application of the Act, including the following:

• (i) the reasons for automatic exclusion listed in the Act;
• (ii) the number of persons who have been dismissed , or excluded from being a candidate for, or employed in the posts and professions listed in the Act;
• (iii) any judicial decisions given in this regard;
• (iv) whether the conformity of the Act with the Constitution or with the Convention has been challenged before the Constitutional Court.

Sexual harassment. The Committee notes that section 3(5) of the Protection from Discrimination Law defines “annoyance” as being a form of discrimination based on a range of grounds, including gender, which has the purpose or effect of violating the dignity of a person and creating an intimidating, hostile, degrading, humiliating or offensive environment for that person, and includes less favourable treatment as a result of an objection of or failure to submit to such behaviour. Section 12(2) of the Law provides that “every kind of annoyance is prohibited, including sexual annoyance, by an employer against an employee or an applicant for work or between employees”. The Committee notes that the provisions cover both qui pro quo and hostile environment sexual harassment. The Committee further notes that section 6 of the Law No. 9970 on Gender Equality in Society, amended on 24 July 2008 (Gender Equality Law), requires employers to protect employees from sexual harassment, to adopt internal regulations setting out disciplinary measures against sexual harassment, obtain information on sexual harassment, take appropriate organizational and disciplinary measures after examining a claim, and provide for related appeal procedures in collective agreements. The Committee notes the Government’s acknowledgement that sexual harassment is an obstacle to women’s involvement in the labour market and that it is an issue that is not very much reported or openly discussed in Albania. The Committee further notes that training was organized by the Government to raise awareness on the Gender Equality Law, and that following a meeting held by the National Labour Council on 8 June 2010 on the application of the Gender Equality Law, recommendations were made to develop draft regulations or specific sections to include in the existing regulations of enterprises concerning sexual harassment. The Committee asks the Government to provide specific information on the progress made, pursuant to the recommendation of the National Labour Council, to develop model internal regulations on sexual harassment, and whether any internal regulations have been adopted at the enterprise level in accordance with section 6 of the Gender Equality Law. Please provide information on any cases of sexual harassment brought pursuant to the Gender Equality Law or the Protection from Discrimination Law, including to the Commissioner for Protection against Discrimination, the People’s Advocate (Ombudsman), and the courts, and on the outcomes of those cases. The Committee also invites the Government to take measures, in cooperation with social partners, to raise awareness on sexual harassment in employment, and on the relevant legal provisions and avenues of dispute resolution, among employers, workers and their organizations.

Article 2. Promotion of equality of opportunity and treatment between men and women. The Committee notes from the statistics collected by the Institute of Statistics that in 2008, that women were still under represented in many employment sectors, including in the non-agricultural private sector (29.7 per cent), in the parliament (6.7 per cent of members), in the judiciary (32.3 per cent) and in municipalities (15.4 per cent of members). The Committee notes that the Gender Equality Law provides in section 8 for the adoption of “temporary special measures”, including quotas for reaching equal gender representation. The Committee notes that quotas have been set out in the Electoral Code (Law No. 10 019) of 29 December 2008, requiring representation of each sex of at least 30 per cent on the multi-name list of each party (section 67(5)). Sections 67(6) and 175 of the Electoral Code also set a fine of ALL 30,000 for political parties that do not comply with the quotas set out in section 67(5). The Committee further notes that under the Employment Encouragement Programmes, implemented since 2004, the Government has continued to promote women’s access to employment, with a focus on disadvantaged groups of women, including victims of trafficking, disabled women, Roma women over 35 years of age, young mothers, and divorced women. The Government indicates that in 2009, 681 women out of the 1,511 unemployed jobseekers, received training conducted by the Regional Vocational Training Directorates at a reduced fee and that currently, four Employment Encouragement Programmes are being implemented. The Committee notes from concluding observations of the United Nations Committee on the Elimination of Discrimination against Women that the Government is preparing a new national strategy and action plan on gender equality and domestic violence (CEDAW/C/ALB/CO/3, 16 September 2010, paragraph 20). The Committee asks the Government to continue to provide information on the implementation of section 8 of the Gender Equality Law with respect to temporary special measures adopted, as well as information on the impact of such measures. The Committee asks the Government to continue to provide information on the implementation and the impact of the Employment Encouragement Programmes. Please also provide specific information on the number of men and women benefiting from training courses, including those offered by the Regional Vocational Training Directorates, and their respective representation in the different course subjects, as well as information on the extent to which the training has led to securing employment. Please provide information on any developments regarding the steps taken to adopt a new national strategy on gender equality and indicate particularly how this strategy will contribute to promoting non-discrimination and equality of opportunity between men and women in employment and occupation.

Promotion of equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government on the progress made in implementing the National Strategy on the “improvement of the Living Conditions of the Roma Community” indicating that 2,629 persons of the Roma community have been registered as unemployed in 2009, and that in 2010, Roma and Egyptian people accounted for 6,841 of unemployed persons at the national level. The Committee also notes that in 2009, 26 per cent of the workers who participated in the Employment Encouragement Programme for unemployed jobseekers in difficulty were from the Roma community. The Committee further notes that, pursuant to Order No. 782 of April 2006, Roma unemployed jobseekers are exempted from fees to participate in training courses offered by the Public Regional Vocational Training Directorates and that in 2009, 144 persons belonging to the Roma community received vocational training and certificates to work in various fields, including as plumbers, tailors, hairdressers, cooks, electricians and tile layers. The Government also provides information on the results and plans under the National Strategy divided by Public Regional Vocational Training Directorate, indicating for example that in the Directorate of Fier, 20 per cent of the Roma who received training were able to secure employment and that in Korça the Directorate aims to expand the range of vocational training programmes for the Roma community. The Committee notes that the Action Plan of the Decade of Roma Inclusion, adopted in 2009, is in the process of being evaluated (CERD/C/ALB/CO/5-8, 2 September 2011, paragraph 11) and that under the project “Empowering the Vulnerable Minority Communities of Albania”, developed for the period of April 2008 to April 2010 in collaboration with the United Nations Development Programme (UNDP), training courses are offered to Roma and Egyptian people, placement services are provided to trainees and labour office staff is trained on assisting and improving the services offered to vulnerable communities. The Committee notes the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination in its concluding observations, regarding the situation of Aromanians with regard to the enjoyment of their rights without discrimination (ibid, paragraph 12). The Committee asks the Government to continue providing information on the measures taken to promote equal opportunity and treatment in employment and occupation of those belonging to the Roma community, including through the National Strategy on the “Improvement of the Living Conditions of the Roma Community”, the Employment Encouragement Programmes, the Action Plan of the Decade of Roma Inclusion, and the project “Empowering the Vulnerable Minority Communities of Albania”, and the results achieved in promoting equal access to vocational guidance, training programmes, placement services and employment. The Committee also asks the Government to provide information on measures taken to ensure equality in employment and occupation for ethnic minorities, including with respect to the Egyptian and Aromanian communities, and to indicate whether the Commission for Protection against Discrimination has taken any measures to promote the principle of equality and non-discrimination towards ethnic minorities, as provided for by the Protection from Discrimination Law.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the National Labour Council operates as a tripartite consultative body and that the Employment Encouragement and Vocational Training Commission operates under this Council. The Committee asks the Government to provide information on the activities undertaken by the National Labour Council, particularly with respect to non-discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on hazardous work for pregnant and breastfeeding women. The Committee notes the Government’s indication that Decision No. 207 of 9 May 2002 defines the list of hazardous and difficult jobs. The Committee requests the Government to provide a copy of Decision No. 207 of 9 May 2002 defining the list of hazardous and difficult jobs.

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Legislative developments. The Committee notes with interest the adoption of the Protection from Discrimination Law (No. 10221, 4 February 2010) which prohibits discrimination in a range of areas, including employment, education and the provision of services. The Committee notes in particular that discrimination is prohibited on a wide range of grounds, namely gender, race, colour, ethnicity, language, gender identity, sexual orientation, political, religious or philosophical beliefs, economic, education or social situation, pregnancy, parentage, parental responsibility, age, family or marital condition, civil status, residence, health status, genetic predispositions, restricted ability, affiliation with a particular group or “any other reason” (section 1), many of which are additional grounds, as foreseen in Article 1(1)(b) of the Convention. The Law also defines direct and indirect discrimination (section 3) and covers all areas of employment, including job advertisements, recruitment and the treatment of employees in the workplace (section 12). The Committee also notes that the Law establishes the position of Commissioner for Protection from Discrimination (section 21) which has a broad mandate, including to examine complaints, perform administrative investigations, impose administrative sanctions, sensitize and inform the population about the principle of equality and non-discrimination and monitor the application of the Law (section 32). The Committee notes further that complaints of violations of the Law can be brought by persons or groups of persons claiming to have been discriminated against, or from organizations acting on behalf of such individuals or groups, with their written consent (section 33). For cases of violations of the Law brought before the court, section 36 provides for the shifting of the burden of proof once the plaintiff submits evidence upon the basis of which the court may presume discriminatory behaviour. The Committee asks the Government to provide information on the application in practice of the Protection from Discrimination Law, including the activities carried out by the Commissioner for Protection from Discrimination and the number and nature of complaints examined and the outcome thereof, as well as details regarding any proceedings brought before the court pursuant to the Law.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee recalls its previous comments on Act No. 8043 of 30 November 1995 laying down that persons who have served, or have been candidates, in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The Committee expressed its concern that the Act may go beyond justifiable exclusions in respect of a particular job based on the inherent requirements thereof, as provided for under Article 1(2) of the Convention. In the absence of any information in reply to its previous request, the Committee again asks the Government to consider revising the provisions concerned and, in doing so, to have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126 and 135–137, as well as paragraphs 192–202, of the Special Survey of 1996. The Committee also once again requests the Government to provide information on the application of the Act, including information on the following: (1) the reasons for automatic exclusion listed in the Act; (2) the number of persons who have been dismissed, or excluded from being a candidate for, or employed in the posts and professions listed in the Act; (3) any judicial decisions given in this regard; and (4) whether the conformity of this Act with the Constitution, or with the Convention, has been challenged before the Constitutional Court.

The Committee further reiterates its request for interpretation of the provisions of the Civil Service Act No. 8549 of 1999, according to which the civil service is formed and operates on the basis of the principle of “political neutrality”, as well as information on the rules of ethics with which civil servants have to comply.

Sexual harassment. The Committee notes that section 6 of the Law on Equal Gender Society places upon the employer the obligation to adopt internal regulations setting out disciplinary measures against sexual harassment. The Committee refers to its 2002 general observation on sexual harassment and requests the Government to provide information on any internal regulations adopted at the enterprise level to protect employees against sexual harassment, pursuant to section 6 of the Law on Equal Gender Society.

Article 2. Promotion of equality of opportunity and treatment between men and women. The Committee notes that under the Employment Promotion Act of 1995, a specific programme of incentives for the recruitment of unemployed women has been implemented since 2004, with a view to fostering women workers’ employment, focusing, in particular, on women victims of trafficking, disabled women and Roma women. The Committee also notes that under the Order No. 782 of the Ministry of Labour and Social Issues dated 4 April 2006, unemployed women belonging to some targeted groups, such as Roma, victims of trafficking and persons with disabilities, are allowed to participate in training courses without paying any fees. Despite this measure, the Committee notes that, according to Eurostat, in 2005 the female employment rate was approximately 38.8 per cent compared to 60 per cent of men. The Committee also notes from the concluding observations of the UN Committee on Economic, Social and Cultural Rights, that the National Platform for Gender Equality (2002–05) was never approved (E/C.12/ALB/CO/1, 24 November 2006, paragraph 22). The Committee further notes that the Law on Equal Gender Society of 2004 calls for the adoption of appropriate measures to promote equality of opportunity between men and women. The Committee asks the Government to increase its efforts to address gender discrimination in employment and occupation and requests it to provide full information on the measures taken or envisaged in this regard, including information on the implementation and impact of the programmes adopted under the Employment Promotion Act, as well as information on the measures taken to promote equality of opportunity between men and women in compliance with the Law on Equal Gender Society. Please also supply information on the impact of the targeted measures taken under Order No. 782 in respect of the promotion of the principle of equality of opportunity in employment and occupation.

Promotion of equality of opportunity and treatment in respect of other grounds. The Committee notes from the second report of the Government under the Framework Convention for the Protection of National Minorities that a National Strategy on the “improvement of the Living Conditions of the Roma Community” has been set up with the aim of improving the living conditions, education and employment of the Roma people. A specialized structure to monitor the implementation of this strategy was also created within the Ministry of Labour, Social Affairs and Equal Opportunities (Order No. 213/2, dated 22 June 2004, of the Minister of Labour and Social Affairs) with the mandate, among other things, to report on the progress made (ACFC/SR/II(2007)004, 18 May 2007, page 8). The Committee further notes from the Government’s report that programmes have been adopted under the Employment Promotion Act of 1995 and the Law on Education and Professional Training of 2002, with a view to increasing levels of employment, including the establishment of incentives for the recruitment of unemployed persons and the supply of professional training. The Committee requests the Government to provide full information on the measures taken or envisaged to implement the National Strategy on the Improvement of the Living Conditions of the Roma Community with regard to equality of opportunity and treatment in employment and occupation, as well as to supply information on the progress made in this regard. Please also provide statistical information on the situation of the different minority groups in the labour market, including their level of employment in both the private and public sectors, as well as information on the numbers of persons belonging to minority groups which have benefited from the programmes adopted under the Employment Promotion Act of 1995 and the Law on Education and Professional Training of 2002.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee reiterates its request for information on the policies and measures adopted or envisaged by tripartite bodies to promote equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on hazardous work for pregnant and breastfeeding women. Noting that under the Decision of the Council of Ministers (DCM) No. 397 of 1996 on “special protection of pregnant women and motherhood”, women are prohibited from performing work that can endanger their health and safety, or that of their child, the Committee requests the Government to indicate what jobs are currently considered to be covered by this provision.

Parts III–V of the report form. In the absence of the information solicited, the Committee reiterates its request for information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made and how the complaints have been handled, including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any cases of discrimination brought before the Civil Service Commission and on any appeals from its decisions before the courts.

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Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee recalls its previous comments on Act No. 8043 of 30 November 1995 laying down that persons who have served, or have been candidates, in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The Committee expressed its concern that the Act may go beyond justifiable exclusions in respect of a particular job based on the inherent requirements thereof, as provided for under Article 1(2) of the Convention. In the absence of any information in reply to its previous request, the Committee again asks the Government to consider revising the provisions concerned and, in doing so, to have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126 and 135–137, as well as paragraphs 192–202 of the Special Survey of 1996. The Committee also once again requests the Government to provide information on the application of the Act, including information on the following: (1) the reasons for automatic exclusion listed in the Act; (2) the number of persons who have been dismissed, or excluded from being a candidate for, or employed in the posts and professions listed in the Act; (3) any judicial decisions given in this regard; and (4) whether the conformity of this Act with the Constitution, or with the Convention, has been challenged before the Constitutional Court.

The Committee further reiterates its request for interpretation of the provisions of the Civil Service Act No. 8549 of 1999, according to which the civil service is formed and operates on the basis of the principle of “political neutrality”, as well as information on the rules of ethics with which civil servants have to comply.

Sexual harassment. The Committee notes that section 6 of the Law on Equal Gender Society places upon the employer the obligation to adopt internal regulations setting out disciplinary measures against sexual harassment. The Committee refers to its 2002 general observation on sexual harassment and requests the Government to provide information on any internal regulations adopted at the enterprise level to protect employees against sexual harassment, pursuant to section 6 of the Law on Equal Gender Society.

Article 2. Promotion of equality of opportunity and treatment between men and women. The Committee notes that under the Employment Promotion Act of 1995, a specific programme of incentives for the recruitment of unemployed women has been implemented since 2004, with a view to fostering women workers’ employment, focusing, in particular, on women victims of trafficking, disabled women and Roma women. The Committee also notes that under the Order No. 782 of the Ministry of Labour and Social Issues dated 4 April 2006, unemployed women belonging to some targeted groups, such as Roma, victims of trafficking and persons with disabilities, are allowed to participate in training courses without paying any fees. Despite this measure, the Committee notes that, according to Eurostat, in 2005 the female employment rate was approximately 38.8 per cent compared to 60 per cent of men. The Committee also notes from the concluding observations of the UN Committee on Economic, Social and Cultural Rights, that the National Platform for Gender Equality (2002–05) was never approved (E/C.12/ALB/CO/1, 24 November 2006, paragraph 22). The Committee further notes that the Law on Equal Gender Society of 2004 calls for the adoption of appropriate measures to promote equality of opportunity between men and women. The Committee asks the Government to increase its efforts to address gender discrimination in employment and occupation and requests it to provide full information on the measures taken or envisaged in this regard, including information on the implementation and impact of the programmes adopted under the Employment Promotion Act, as well as information on the measures taken to promote equality of opportunity between men and women in compliance with the Law on Equal Gender Society. Please also supply information on the impact of the targeted measures taken under Order No. 782 in respect of the promotion of the principle of equality of opportunity in employment and occupation.

Promotion of equality of opportunity and treatment in respect of other grounds. The Committee notes from the second report of the Government under the Framework Convention for the Protection of National Minorities that a National Strategy on the “improvement of the Living Conditions of the Roma Community” has been set up with the aim of improving the living conditions, education and employment of the Roma people. A specialized structure to monitor the implementation of this strategy was also created within the Ministry of Labour, Social Affairs and Equal Opportunities (Order No. 213/2, dated 22 June 2004, of the Minister of Labour and Social Affairs) with the mandate, among other things, to report on the progress made (ACFC/SR/II(2007)004, 18 May 2007, page 8). The Committee further notes from the Government’s report that programmes have been adopted under the Employment Promotion Act of 1995 and the Law on Education and Professional Training of 2002, with a view to increasing levels of employment, including the establishment of incentives for the recruitment of unemployed persons and the supply of professional training. The Committee requests the Government to provide full information on the measures taken or envisaged to implement the National Strategy on the Improvement of the Living Conditions of the Roma Community with regard to equality of opportunity and treatment in employment and occupation, as well as to supply information on the progress made in this regard. Please also provide statistical information on the situation of the different minority groups in the labour market, including their level of employment in both the private and public sectors, as well as information on the numbers of persons belonging to minority groups which have benefited from the programmes adopted under the Employment Promotion Act of 1995 and the Law on Education and Professional Training of 2002.

Article 3. Cooperation with employers’ and workers’ organizations. The Committee reiterates its request for information on the policies and measures adopted or envisaged by tripartite bodies to promote equality of opportunity and treatment in employment and occupation.

Article 5. Restrictions on hazardous work for pregnant and breastfeeding women. Noting that under the Decision of the Council of Ministers (DCM) No. 397 of 1996 on “special protection of pregnant women and motherhood”, women are prohibited from performing work that can endanger their health and safety, or that of their child, the Committee requests the Government to indicate what jobs are currently considered to be covered by this provision.

Parts III–V of the report form. In the absence of the information solicited, the Committee reiterates its request for information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made and how the complaints have been handled, including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any cases of discrimination brought before the Civil Service Commission and on any appeals from its decisions before the courts.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads in relevant parts as follows:

1. Article 1 of the Convention. The Committee notes that the Labour Code covers all the seven grounds listed in the Convention as well as age, family ties and mental or physical disability. The Committee further notes that the Employment Promotion Act provides that state employment policies aiming at supporting full, productive and freely chosen employment are determined by the Council of Ministers and implemented by the Ministry of Labour, Immigration, Social Assistance and former politically persecuted persons. It requests the Government to provide more detailed information on these policies and the measures taken under their authority, which aim to promote equality of opportunity and treatment, as well as on the results achieved through their implementation.

2. Discrimination on the basis of political opinion. The Committee notes that, under Act No. 8043 of 30 November 1995, “Verification of the image of officials as well as other persons relating to the protection of the democratic State Act”, as amended by Act No. 8280 of 1998, persons who have served or have been candidates in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The decisions concerning such exclusions are vested in a state commission and the persons concerned have a right to appeal before the Supreme Court. The Committee notes that some of these provisions impose exclusions on the basis of membership, candidature for, or employment in party or state organs of the previous regime. The Committee draws the Government’s attention to the fact that requirements of a political nature can be established, but they should be limited to the characteristics of a particular post and be in proportion to the inherent requirements of the job. The Committee notes that following the 1998 amendments, the list of persons who are subject to the exclusion provided by section 2 was shortened and made more precise. Nevertheless, it also notes that the list of functions and professions to which the exclusions apply remained unchanged and, while in certain cases they correspond to specific higher posts, in others they refer generally to employment in public institutions or certain professions. The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on inherent requirements as provided for under Article 1(1)(b) of the Convention. Furthermore, the Committee recalls that exclusionary measures, in order to be considered as non-discriminatory within the meaning of Article 4 of the Convention, must be measures affecting an individual on account of activities he or she is justifiably suspected or proven to be engaged in, which are prejudicial to the security of the State. Article 4 does not exclude from the definition of discrimination measures taken by reason of membership of a particular group or community or measures that are unrelated to state security. The Committee therefore notes that application of Act No. 8043, as amended in 1998, is not per se considered to be covered under Article 4 of the Convention.

3. In light of the above, the Committee considers that the exclusions established by the Act are not sufficiently well defined and delimited to ensure that they do not lead to discrimination in employment and occupation based on political opinion which would be contrary to the Convention. The Committee hopes the Government will revise the provisions concerned and, in doing so, will have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126, and 135 to 137, as well as paragraphs 192 to 202 of the Special Survey of 1996. The Government is further requested to provide information, in its next report, on the reasons for the automatic exclusions listed in the Act. Please also provide detailed information on the application of the provisions, including the number of persons who have been dismissed or excluded from being a candidate for or employed in the posts and professions listed in the Act. It also requests the Government to supply information on any appeals brought before the Court of Appeals, the criteria used for their determination and the outcomes. Please also supply information on whether the conformity of this Act with the Constitution or with the Convention has been challenged before the Constitutional Court.

4. The Committee requests the Government to provide an interpretation of the provisions of the Civil Service Act No. 8549 of 1999 according to which the civil service is formed and operates on the basis of the principle of “political neutrality”, as well as information on the rules of ethics to which civil servants have to comply.

5. Discrimination on the basis of sex. The Committee requests the Government to continue to provide statistical data on the employment situation of men and women in both the private and public sectors, and in rural and urban areas, and on their educational levels and on any measures taken to improve the employment situation of women, including minority women. The Committee further notes that the “Platform of the Albanian Government for women for the years 1999-2000” envisages a broad range of initiatives. It requests the Government to provide with the next report information on the measures and actions taken on the basis of this Platform and their impact on the promotion of equality in employment and occupation. It also requests information on the activities carried out by the committees, “Women and family” and “Woman and child”.

6. Discrimination on the basis of race and national extraction. The Committee hopes that the Government will provide information on any measures taken or envisaged to foster public understanding and acceptance of principles of non-discrimination and equality for all components of Albanian society, and in particular ethnic minorities. The Committee requests the Government to provide information, including statistics, on the situation of the different ethnic groups on the labour market, and their employment levels in public and private sectors. Please also indicate any measures or programmes to promote equality of opportunity and treatment for members of minority groups.

7. Article 3. Noting the various bodies that have been established in which representatives of employers’ and workers’ organizations participate, the Committee requests information on the policies and measures adopted or envisaged, which are aimed at promoting equality of opportunity and treatment in employment and occupation.

8. Parts III and IV of the report form. The Committee requests information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any discrimination cases brought before the Civil Service Commission and on any appeals of its decisions brought before judicial courts.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain a reply to its 2002 general observation on sexual harassment and full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that the Labour Code covers all the seven grounds listed in the Convention as well as age, family ties and mental or physical disability. The Committee further notes that the Employment Promotion Act provides that state employment policies aiming at supporting full, productive and freely chosen employment are determined by the Council of Ministers and implemented by the Ministry of Labour, Immigration, Social Assistance and former politically persecuted persons. It requests the Government to provide more detailed information on these policies and the measures taken under their authority, which aim to promote equality of opportunity and treatment, as well as on the results achieved through their implementation.

2. Discrimination on the basis of political opinion. The Committee notes that, under Act No. 8043 of 30 November 1995, "Verification of the image of officials as well as other persons relating to the protection of the democratic State Act", as amended by Act No. 8280 of 1998, persons who have served or have been candidates in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The decisions concerning such exclusions are vested in a state commission and the persons concerned have a right to appeal before the Supreme Court. The Committee notes that some of these provisions impose exclusions on the basis of membership, candidature for, or employment in party or state organs of the previous regime. The Committee draws the Government’s attention to the fact that requirements of a political nature can be established, but they should be limited to the characteristics of a particular post and be in proportion to the inherent requirements of the job. The Committee notes that following the 1998 amendments, the list of persons who are subject to the exclusion provided by section 2 was shortened and made more precise. Nevertheless, it also notes that the list of functions and professions to which the exclusions apply remained unchanged and, while in certain cases they correspond to specific higher posts, in others they refer generally to employment in public institutions or certain professions. The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on inherent requirements as provided for under Article 1(1)(b) of the Convention. Furthermore, the Committee recalls that exclusionary measures, in order to be considered as non-discriminatory within the meaning of Article 4 of the Convention, must be measures affecting an individual on account of activities he or she is justifiably suspected or proven to be engaged in, which are prejudicial to the security of the State. Article 4 does not exclude from the definition of discrimination measures taken by reason of membership of a particular group or community or measures that are unrelated to state security. The Committee therefore notes that application of Act No. 8043, as amended in 1998, is not per se considered to be covered under Article 4 of the Convention.

3. In light of the above, the Committee considers that the exclusions established by the Act are not sufficiently well defined and delimited to ensure that they do not lead to discrimination in employment and occupation based on political opinion which would be contrary to the Convention. The Committee hopes the Government will revise the provisions concerned and, in doing so, will have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126, and 135 to 137, as well as paragraphs 192 to 202 of the Special Survey of 1996. The Government is further requested to provide information, in its next report, on the reasons for the automatic exclusions listed in the Act. Please also provide detailed information on the application of the provisions, including the number of persons who have been dismissed or excluded from being a candidate for or employed in the posts and professions listed in the Act. It also requests the Government to supply information on any appeals brought before the Court of Appeals, the criteria used for their determination and the outcomes. Please also supply information on whether the conformity of this Act with the Constitution or with the Convention has been challenged before the Constitutional Court.

4. The Committee requests the Government to provide an interpretation of the provisions of the Civil Service Act No. 8549 of 1999 according to which the civil service is formed and operates on the basis of the principle of "political neutrality", as well as information on the rules of ethics to which civil servants have to comply.

5. Discrimination on the basis of sex. The Committee notes that in the "Platform of the Albanian Government for women for the years 1999-2000" it is recognized that "employment opportunities for women are still very few and badly remunerated. This situation is due on the one hand to the generally difficult employment situation and to traditional attitudes". The Committee also notes that according to the statistical data provided by the Government, women are under-represented in parliament, government, the judiciary, university, the media sector and in the non-agricultural private sector. Moreover, it notes the wage gap between men and women. The Committee also notes the high level of education of women. In 1999-2000 female graduate students were 2,612 compared to 1,385 men. The Committee requests the Government to continue to provide statistical data on the employment situation of men and women in both the private and public sectors, and in rural and urban areas, and on their educational levels and on any measures taken to improve the employment situation of women, including minority women. The Committee further notes that the abovementioned Platform envisages a broad range of initiatives including legislative reforms, strengthening of labour inspection and the judiciary, increasing women’s participation in government and in the public service, training, collection and dissemination of information and statistical data disaggregated by sex as well as awareness raising. It requests the Government to provide with the next report information on the measures and actions taken on the basis of this Platform and their impact on the promotion of equality in employment and occupation. It also requests information on the activities carried out by the committees, "Women and family" and "Woman and child".

6. Discrimination on the basis of race and national extraction. Noting that according to the European Commission against Racism and Intolerance (ECRI) there is a lack of awareness concerning discrimination against ethnic minorities and that this discrimination is based on deep-rooted prejudices and noting the statement that "traditional attitudes" are among the factors underlying the disadvantaged position of women in the labour market, the Committee hopes that the Government will provide information on any measures taken or envisaged to foster public understanding and acceptance of principles of non-discrimination and equality for all components of Albanian society, and in particular ethnic minorities. The Committee requests the Government to provide information, including statistics, on the situation of the different ethnic groups on the labour market, and their employment levels in public and private sectors. Please also indicate any measures or programmes to promote equality of opportunity and treatment for members of minority groups.

7. Article 3. Noting the various bodies that have been established in which representatives of employers’ and workers’ organizations participate, the Committee requests information on the policies and measures adopted or envisaged, which are aimed at promoting equality of opportunity and treatment in employment and occupation.

8. Parts III and IV of the report form. The Committee requests information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any discrimination cases brought before the Civil Service Commission and on any appeals of its decisions brought before judicial courts.

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The Committee notes the first and second reports of the Government and the attached information, including statistical data.

1. Article 1 of the Convention. The Committee notes that the Labour Code covers all the seven grounds listed in the Convention as well as age, family ties and mental or physical disability. The Committee further notes that the Employment Promotion Act provides that state employment policies aiming at supporting full, productive and freely chosen employment are determined by the Council of Ministers and implemented by the Ministry of Labour, Immigration, Social Assistance and former politically persecuted persons. It requests the Government to provide more detailed information on these policies and the measures taken under their authority, which aim to promote equality of opportunity and treatment, as well as on the results achieved with their implementation.

2. Discrimination on the basis of political opinion. The Committee notes that under Act No. 8043 of 30 November 1995, "Verification of the image of officials as well as other persons relating to the protection of the democratic State Act", as amended by Act No. 8280 of 1998, persons who have served or have been candidates in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The decisions concerning such exclusions are vested in a state commission and the persons concerned have a right to appeal before the Supreme Court. The Committee notes that some of these provisions impose exclusions on the basis of membership of, candidature for, or employment in party or state organs of the previous regime. The Committee draws the attention of the Government to the fact that requirements of a political nature can be established, but they should be limited to the characteristics of a particular post and be in proportion to the inherent requirements of the job. The Committee notes that following the 1998 amendments the list of persons who are subject to the exclusion provided by section 2 was shortened and made more precise. Nevertheless, it also notes that the list of functions and professions to which the exclusions apply remained unchanged and, while in certain cases they correspond to specific higher posts, in others they refer generally to employment in public institutions or certain professions. The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on inherent requirements as provided for under Article 1(1)(b) of the Convention. Furthermore, the Committee recalls that exclusionary measures, in order to be considered as non-discriminatory within the meaning of Article 4 of the Convention, must be measures affecting an individual on account of activities he or she is justifiably suspected or proven to be engaged in, which are prejudicial to the security of the State. Article 4 does not exclude from the definition of discrimination measures taken by reason of membership of a particular group or community or measures that are unrelated to security of the State. The Committee therefore notes that application of Act No. 8043, as amended in 1998, is not per se considered to be covered under Article 4 of the Convention.

3. In light of the above, the Committee considers that the exclusions established by the Act are not sufficiently well defined and delimited to ensure that they do not become discrimination in employment and occupation based on political opinion which would be contrary to the Convention. The Committee hopes the Government will revise the provisions concerned and, in doing so, will have recourse to the indications provided by the Committee in its General Survey on equality in employment and occupation of 1988, in particular paragraphs 126, and 135 to 137, as well as paragraphs 192 to 202 of the Special Survey of 1996. The Government is further requested to provide information, in its next report, on the reasons for the automatic exclusions listed in the Act. Please also provide detailed information on the application of the provisions, including the number of persons who have been dismissed or excluded from being a candidate for or employed in the posts and professions listed in the Act. It also requests the Government to supply information on any appeals brought before the Court of Appeals, the criteria used for their determination and the outcomes. Please also supply information on whether the conformity of this Act with the Constitution or with the Convention has been challenged before the Constitutional Court.

4. The Committee requests the Government to provide an interpretation of the provisions of the Civil Service Act No. 8549 of 1999 according to which the civil service is formed and operates on the basis of the principle of "political neutrality", as well as information on the rules of ethics to which civil servants have to comply.

5. Discrimination on the basis of sex. The Committee notes that in the "Platform of the Albanian Government for women for the years 1999-2000" it is recognized that "employment opportunities for women are still very few and badly remunerated. This situation is due on the one hand to the generally difficult employment situation and to traditional attitudes". The Committee also notes that according to the statistical data provided by the Government, women are under-represented in parliament, government, the judiciary, university, the media sector and in the non-agricultural private sector. Moreover, it notes the wage gap between men and women. The Committee also notes the high level of education of women. In 1999-2000 female graduate students were 2,612 compared to 1,385 men. The Committee requests the Government to continue to provide statistical data on the employment situation of men and women in both the private and public sectors, and in rural and urban areas, and on their educational levels and on any measures taken to improve the employment situation of women, including minority women. The Committee further notes that the abovementioned Platform envisages a broad range of initiatives including legislative reforms, strengthening of labour inspection and the judiciary, increasing women’s participation in government and in the public service, training, collection and dissemination of information and statistical data disaggregated by sex as well as awareness raising. It requests the Government to provide with the next report information on the measures and actions taken on the basis of this Platform and their impact on the promotion of equality in employment and occupation. It also requests information on the activities carried out by the committees, "Women and family" and "Woman and child".

6. Discrimination on the basis of race and national extraction. Noting that according to the European Commission against Racism and Intolerance (ECRI) there is a lack of awareness concerning discrimination against ethnic minorities and that this discrimination is based on deep-rooted prejudices and noting the statement that "traditional attitudes" are among the factors underlying the disadvantaged position of women in the labour market, the Committee hopes that the Government will provide information on any measures taken or envisaged to foster public understanding and acceptance of principles of non-discrimination and equality for all components of Albanian society, and in particular ethnic minorities. The Committee requests the Government to provide information, including statistics, on the situation of the different ethnic groups on the labour market, and their employment levels in public and private sectors. Please also indicate any measures or programmes to promote equality of opportunity and treatment for members of minority groups.

7. Article 3. Noting the various bodies that have been established in which representatives of employers’ and workers’ organizations participate, the Committee requests information on the policies and measures adopted or envisaged, which are aimed at promoting equality of opportunity and treatment in employment and occupation.

8. Parts III and IV of the report form. The Committee requests information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any discrimination cases brought before the Civil Service Commission and on any appeals of its decisions brought before judicial courts.

9. The Committee notes that additional documentation was provided by the Government in October 2001 and will return to this information once the translation of this documentation into one of the official languages of the ILO is available.