Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.