Forced Labour Convention, 1930 (No. 29) - Albania (Ratification: 1957)

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

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

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. In its previous comments, the Committee noted the legal and institutional framework established to combat trafficking in persons (sections 110, 114 and 128 of the Penal Code). In 2013, amendments to the Penal Code were adopted, aimed at clarifying the concepts of internal trafficking and cross-border trafficking and at exempting victims of trafficking from punishment for offences committed during or as a result of being trafficked. The Government also indicated that law enforcement bodies were strengthened with the establishment of a specialized unit of three prosecutors in the Office of the General Prosecutor, and a section against trafficking in the General Directory of Police operating in 12 districts. The Committee requested the Government to continue to provide information on the measures taken to strengthen the capacity of law enforcement bodies, and to provide statistical data on the number of legal proceedings initiated, convictions handed down and penalties imposed.

The Committee notes the absence of information in the Government’s report in this regard. According to the 2016 Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Albania (2016 GRETA report), in 2014, the state police carried out 54 investigations on trafficking in persons. In the same year, the Serious Crimes Prosecutor’s Office investigated 71 cases, out of which 25 were cases carried over from previous years and 46 were new cases. Moreover, 11 new cases were tried before the First Instance Court for Serious Crimes Court and three cases were carried over from previous years. Additionally, in 2014, the internal investigations service of the Ministry of the Interior submitted three reports to the Prosecutor’s Office implicating four police officers in offences related to trafficking, which included assistance for illegal border crossings and abuse of authority. Two of these cases are being investigated by the Prosecutor’s Office. In the third case, the police officer concerned was found guilty by the First Instance Court of Abuse of Authority and sentenced to six months in prison (GRETA(2016)6, paragraphs 166–168). The Committee therefore requests the Government to continue its efforts to ensure that thorough investigations and prosecutions are carried out against all persons engaged in trafficking in persons, including complicit governmental officials. It also requests the Government to provide information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Identification and protection of victims. The Committee previously noted the signature of a new agreement in June 2012 on a National Mechanism for Identification, Referral and Assistance of Victims (NRM) and its standard operating procedures (SOPs) which provides a framework for cooperation of all the stakeholders involved and defines their responsibilities in terms of identification, referral and assistance to victims; as well as the measures taken to protect and assist victims of trafficking. The Committee requested the Government to provide information on the number of victims identified and on protection and assistance provided to victims.

The Committee notes the absence of information in the Government’s report. According to the 2016 GRETA report, the number of potential victims and victims of trafficking identified per years was as follows: 95 in 2013 (81 females and 14 males), 125 in 2014 (108 females and 17 males) and 109 in 2015 (87 females and 22 males) (paragraph 13). Following the legislative changes in 2013 that resulted in express reference made to internal trafficking in the definition of trafficking in persons in the Penal Code, the number of identified victims of internal trafficking has risen above that of victims trafficked abroad. Internal trafficking is said to be linked to the rural exodus, with a surge in the number of female victims of trafficking for the purpose of sexual exploitation. The Government also acknowledges that Albania is becoming a country of transit as the flow of asylum seekers and migrants is increasing and there may be victims of trafficking among this mixed migration flow (paragraph 14). The number of men identified as victims of trafficking for the purpose of slavery, servitude or forced labour has also risen, partly as a result of the informal economy and the job shortage in Albania (paragraph 15). Additionally, the Committee notes the information contained in the report submitted by the Government in 2017, on the measures taken to comply with the Committee of the Parties Recommendation on the Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings that, in 2016, state institutions identified and referred for protection 80 victims or potential victims of trafficking, while 12 victims were identified and by non-state structures and three victims were self-identified (CP(2017)14, p. 2).

The Committee also notes that, according to the 2016 GRETA report, there are three shelters for victims of trafficking: two are for women and one accommodates child victims. There is also the National Reception Centre for Victims of Trafficking under the Ministry of Social Affairs and Youth (paragraph 101). The assistance provided to victims include emergency accommodation in a shelter, medical care, counselling, a reintegration project, legal advice, therapeutic activities, vocational training, as well as monitoring and support for reintegration, in conjunction with the social services (paragraph 102). The number of victims of trafficking who received assistance was 74 in 2012, 95 in 2013, and 125 in 2014. The Government states that this increase is a result of the standard operating procedures being better applied as time goes on (paragraph 109). The Committee therefore requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from adequate protection.

3. Plan of action and monitoring mechanism. The Committee previously noted the Government’s information on the measures taken to implement the National Strategy and the National Plan of Action on Combating Trafficking in Persons, which was extended until 2013. The Government also indicated the adaptation of a new strategy for the period of 2014–17. Moreover, the Committee noted the activities carried out by the National Anti-trafficking Coordinator and the State’s Anti-trafficking Committee to enhance cooperation and ensure implementation of the National Strategy. The Committee requested the Government to provide information on the measures taken to implement the National Strategy for 2014–17.

The Committee notes the absence of information in the Government’s report in this regard. The Committee notes, however, that, according to the 2016 GRETA report, for 2014 and 2015, the Ministry of Internal Affairs allocated a special budget for the Office of National Anti-trafficking Coordinator respectively in the amount of 4.7 million Albanian lek (ALL) (US$43,458) and ALL5.2 million (US$48,081), which was mainly used in awareness-raising activities, such as the Anti-trafficking Week, summer anti-trafficking campaigns, the Month against Trafficking in Persons, and periodic meetings with regional anti-trafficking committees. Moreover, it is envisaged that the implementation of the National Strategy will be assessed independently and/or internally by the National Anti-Trafficking Task Force (paragraph 29). The Committee requests the Government to provide information on the assessment of the implementation of the National Strategy on Combating Trafficking in Persons for the period of 2014–17. Noting that the National Strategy for 2014–17 has ended, the Committee requests the Government to indicate whether a new National Strategy is to be developed.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. In its previous comments, the Committee noted that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the Military Grades and Careers in the Armed Forces, members of career military personnel may apply for resignation to the competent body; and, in the absence of a reply within three months, the application to resign is considered as accepted. It observed however that, since the application to resign may be refused, the service is not automatically terminated upon application for resignation.

The Committee notes the Government’s information that Law No. 9171 of 2004 has been repealed and replaced by Law No. 59 of 2014 on Military Career in the Armed Forces of the Republic of Albania. The Committee notes that section 25(1)(d) and section 26(1)(ç) of Law No. 59 of 2014 retain the previous provisions of sections 24(4) and 25(3) of Law No. 9171 of 2004. The Committee also notes the Government’s statement that there is no statistical information on the number of requests for release, the number of refusals or the reasons for refusal. The Committee once again recalls that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore once again requests the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period. It also requests the Government to provide information on the number of applications to resign presented under sections 25 and 26 of Law No. 59 of 2014, the number of refusals and, where appropriate, the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. In its previous comments, the Committee noted that participation in public works programmes had been made compulsory not only for members of families receiving financial assistance from the State but also for all persons covered by unemployment benefits schemes. People who refuse to take part in such programmes without providing a valid reason will have their unemployment benefits suspended (Act No. 7933 of 1995, as subsequently amended).

The Committee notes the Government’s detailed information regarding the employment promotion programmes. The Government also indicates the adoption of the Law on Jobseekers in January 2016. According to its section 5, jobseekers shall appear each month at the employment office and look for jobs to be kept on the registration list and to receive economic assistance or unemployment benefits. In case of non-appearance or refusal of a suitable employment or professional training, the person concerned may be removed from the registration list. The Committee also notes that, pursuant to section 53 of Law No. 7703 of 1993 (as amended up to January 2017), a person is entitled to unemployment benefits if he/she has contributed to social security not less than 12 months and is willing to accept an appropriate job offered or receive professional training. Unemployment insurance may also be paid if the person concerned participates in special public programmes organised by the State or the local authority. The Committee observes that the participation in public programmes as provided for by section 53 of Law No. 7703 of 1993, as amended, does not seem to be compulsory. The Committee therefore requests the Government to clarify whether Act No. 7933 of 1995 is still in force.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that prisoners may work outside penitentiary institutions, in accordance with section 36 of Act No. 8328, of 16 April 1998, on the rights and treatment of prisoners, and section 83(4) of the General Prison Rules (Council of Ministers’ Decision No. 96 of 9 March 2000, as subsequently amended). Under section 88(6) of the General Prison Rules, contracts are concluded between prisoners and private entities, and such work contracts may not provide for less favourable conditions than those guaranteed to workers outside the prison. In addition, prisoners are entitled to a salary which cannot be less than the minimum wage. The Committee also noted the Government’s statement that there had been no applications from private entities to develop their private activities in the prison system.

The Committee notes the Government’s information that, according to section 54 of the General Regulation of Prisons, which was approved by Council of Ministers’ Decision No. 437 on 20 May 2015, detainees or convicted persons have the right to work in accordance with the physical health and psychological abilities. Work does not have the objective of punishing prisoners, but rather rehabilitating and reintegrating them. Labour laws and regulations regarding occupational safety and health, social welfare, working time and labour relations apply equally to detainees and convicted persons. Moreover, concerned persons may be employed by signing an employment contract with the Institution for the Execution of Criminal Decisions (IECD), signing a contract with third legal persons or being self-employed. The Government states that there are currently no employment contracts with private entities for the employment of prisoners and detainees. The Government further indicates that discussions had been held with various actors of civil society and state social services for the establishment of cooperation networks for the employment of prisoners at private entities, but so far no positive results have been achieved. The Committee requests the Government to provide information on any progress made regarding the establishment of cooperation networks for the employment of prisoners at private entities. It also requests the Government to provide copies of employment contract between prisoners and the Institution for the Execution of Criminal Decisions (IECD) or private entities, if there is any contract concluded.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 2015.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the legal and institutional framework established to combat trafficking in persons (sections 110, 114 and 128 of the Penal Code) and requested the Government to provide further information on the measures taken in this context to prevent, suppress and punish trafficking.

The Committee notes the detailed information provided by the Government on the comprehensive measures adopted to combat trafficking in persons. It notes in particular:

• – the strengthening of the legal framework with the adoption in 2013 of amendments to the Penal Code aimed, inter alia, at clarifying the concepts of internal trafficking and cross-border trafficking and at exempting victims of trafficking from punishment for offences committed during or as a result of being trafficked;
• – the measures taken to implement the national strategy and the national plan of action on combating trafficking in persons, which was extended until 2013, and the work undertaken with a view to adopting a new strategy for 2014–17 (subsequently adopted); the signature of a new agreement in June 2012 on a National Mechanism for Identification, Referral and Assistance of Victims (NRM) and its standard operating procedures (SOPs) which provides a framework for cooperation of all the stakeholders involved and defines their responsibilities in terms of identification, referral and assistance to victims; as well as the activities carried out by the National Anti-trafficking Coordinator and the State’s Anti-trafficking Committee to enhance cooperation and ensure implementation of the national strategy;
• – the measures taken to protect and assist victims of trafficking, including by facilitating their access to justice, for example through enhanced legal aid, by granting them economic support and assistance in the shelters;
• – the strengthening of law enforcement bodies with the establishment of a specialized unit of three prosecutors in the Office of the General Prosecutor, and a section against trafficking in the General Directory of Police which operates in 12 districts;
• – the statistical information provided on the number of victims identified, cases investigated by the police authorities and the Serious Crimes Prosecutor’s Office, and cases brought before the courts.

The Committee welcomes the information provided and encourages the Government to pursue its efforts to ensure that all victims of trafficking, for both sexual and labour exploitation, are protected and can effectively have access to justice. The Committee requests the Government to continue to provide information on the measures taken to implement the main components of both the national plan of action and the strategy on combating trafficking in persons relating to: (i) prosecution (including the strengthening of training and capacity of law enforcement bodies); (ii) protection and assistance for victims; and (iii) prevention and coordination of action on combating trafficking in persons. The Committee also requests the Government to provide information on any assessment made in this regard, the obstacles and difficulties identified and the measures taken or envisaged to overcome them. Lastly, the Committee requests the Government to continue to provide statistical data on the number of victims identified, legal proceedings initiated, and convictions and penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, members of career military personnel may apply for resignation to the competent body; and, in the absence of reply within three months, the application to resign is considered as accepted. It observed however that, since the application to resign may be refused, the service is not automatically terminated upon application for resignation.

The Committee notes that the Government has not provided any information in this regard. It recalls that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore once again requests the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period. It also requests the Government to provide information on the number of applications to resign presented under sections 24 and 25 of Law No. 9171, the number of refusal and, where appropriate, the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. In its previous comments, the Committee noted that participation in public works programmes has been made compulsory not only for members of families receiving financial assistance from the State but also for all persons covered by unemployment benefits schemes. People who refuse to take part in such programmes without providing a valid reason will have their unemployment benefits suspended (Act No. 7933 of 17 May 1995, as subsequently amended).

The Committee notes that the Government has not provided information on the compulsory participation of unemployed persons in public works programmes, and the effect on their unemployment benefits. The Committee recalls that, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, and where the length of time during which benefits are paid is linked to the length of time the person concerned has worked, the subsequent imposition of an additional requirement of having to perform public works to receive these benefits under the threat of losing the benefits to which they are entitled may constitute the imposition of compulsory labour. The Committee once again requests the Government to provide information on the compulsory participation of persons entitled to unemployment benefits in public works, and the consequences in case of refusal to enrol in such programmes. Noting that the Government has referred to long-term unemployed persons, the Committee requests the Government to indicate whether compulsory participation in public works programmes is limited to persons who have exhausted their rights to unemployment benefits under the social security scheme.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that prisoners may work outside penitentiary institutions, in accordance with section 36 of Act No. 8328, of 16 April 1998, on the rights and treatment of prisoners, and section 83(4) of the General Prison Rules (Council of Ministers’ Decision No. 96 of 9 March 2000, as subsequently amended). Under section 88(6) of the General Prison Rules, contracts are concluded between prisoners and private entities, and such work contracts may not provide for less favourable conditions than those guaranteed to workers outside the prison. In addition, prisoners are entitled to a salary which cannot be less than the minimum wage. The Committee requested the Government to provide information on the outcome of the negotiations conducted between the General Directorate of Prisons and private entities on the implementation of prison employment projects.

The Committee notes the Government’s statement that up to now there have been no applications from private entities to develop their private activities in the prison system. The Government indicates that, in order to promote employment opportunities and the remuneration of prisoners, a draft decision for the Council of Ministers “on the promotion and reward of the work of prisoners” has been prepared, which refers, inter alia, to the promotion of employment by means of contractual relations with private entities.

The Committee recalls that work of prisoners for private entities is only compatible with the Convention where such work is performed voluntarily, with the free, formal and informed consent of the persons concerned, and under conditions which approximate a free labour relationship. The Committee therefore requests the Government to provide information on the measures taken to ensure that prisoners working for private entities give their free, formal and informed consent for such a labour relationship. Please also provide information on the adoption of the Council of Ministers’ decision that will regulate the work of prisoners for private entities.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government according to which the adoption of the 1995 Labour Code implies the repealing of Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 (concerning the exaction of labour for road works). The Committee notes that section 8 of the Labour Code prohibits all forms of forced labour and section 204 provides that the entering of the Labour Code into force invalidates any provisions running contrary to the Code.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the legal and institutional framework established to combat trafficking in persons (sections 110, 114 and 128 of the Penal Code) and requested the Government to provide further information on the measures taken in this context to prevent, suppress and punish trafficking.

The Committee notes the detailed information provided by the Government on the comprehensive measures adopted to combat trafficking in persons. It notes in particular:

• -the strengthening of the legal framework with the adoption in 2013 of amendments to the Penal Code aimed, inter alia, at clarifying the concepts of internal trafficking and cross-border trafficking and at exempting victims of trafficking from punishment for offences committed during or as a result of being trafficked;
• -the measures taken to implement the national strategy and the national plan of action on combating trafficking in persons, which was extended until 2013, and the work undertaken with a view to adopting a new strategy for 2014–17 (subsequently adopted); the signature of a new agreement in June 2012 on a National Mechanism for Identification, Referral and Assistance of Victims (NRM) and its standard operating procedures (SOPs) which provides a framework for cooperation of all the stakeholders involved and defines their responsibilities in terms of identification, referral and assistance to victims; as well as the activities carried out by the National Anti-trafficking Coordinator and the State’s Anti-trafficking Committee to enhance cooperation and ensure implementation of the national strategy;
• -the measures taken to protect and assist victims of trafficking, including by facilitating their access to justice, for example through enhanced legal aid, by granting them economic support and assistance in the shelters;
• -the strengthening of law enforcement bodies with the establishment of a specialized unit of three prosecutors in the Office of the General Prosecutor, and a section against trafficking in the General Directory of Police which operates in 12 districts;
• -the statistical information provided on the number of victims identified, cases investigated by the police authorities and the Serious Crimes Prosecutor’s Office, and cases brought before the courts.

The Committee welcomes the information provided and encourages the Government to pursue its efforts to ensure that all victims of trafficking, for both sexual and labour exploitation, are protected and can effectively have access to justice. The Committee requests the Government to continue to provide information on the measures taken to implement the main components of both the national plan of action and the strategy on combating trafficking in persons relating to: (i) prosecution (including the strengthening of training and capacity of law enforcement bodies); (ii) protection and assistance for victims; and (iii) prevention and coordination of action on combating trafficking in persons. The Committee also requests the Government to provide information on any assessment made in this regard, the obstacles and difficulties identified and the measures taken or envisaged to overcome them. Lastly, the Committee requests the Government to continue to provide statistical data on the number of victims identified, legal proceedings initiated, and convictions and penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, members of career military personnel may apply for resignation to the competent body; and, in the absence of reply within three months, the application to resign is considered as accepted. It observed however that, since the application to resign may be refused, the service is not automatically terminated upon application for resignation.

The Committee notes that the Government has not provided any information in this regard. It recalls that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore once again requests the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period. It also requests the Government to provide information on the number of applications to resign presented under sections 24 and 25 of Law No. 9171, the number of refusal and, where appropriate, the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. In its previous comments, the Committee noted that participation in public works programmes has been made compulsory not only for members of families receiving financial assistance from the State but also for all persons covered by unemployment benefits schemes. People who refuse to take part in such programmes without providing a valid reason will have their unemployment benefits suspended (Act No. 7933 of 17 May 1995, as subsequently amended).

The Committee notes that the Government has not provided information on the compulsory participation of unemployed persons in public works programmes, and the effect on their unemployment benefits. The Committee recalls that, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, and where the length of time during which benefits are paid is linked to the length of time the person concerned has worked, the subsequent imposition of an additional requirement of having to perform public works to receive these benefits under the threat of losing the benefits to which they are entitled may constitute the imposition of compulsory labour. The Committee once again requests the Government to provide information on the compulsory participation of persons entitled to unemployment benefits in public works, and the consequences in case of refusal to enrol in such programmes. Noting that the Government has referred to long-term unemployed persons, the Committee requests the Government to indicate whether compulsory participation in public works programmes is limited to persons who have exhausted their rights to unemployment benefits under the social security scheme.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that prisoners may work outside penitentiary institutions, in accordance with section 36 of Act No. 8328, of 16 April 1998, on the rights and treatment of prisoners, and section 83(4) of the General Prison Rules (Council of Ministers’ Decision No. 96 of 9 March 2000, as subsequently amended). Under section 88(6) of the General Prison Rules, contracts are concluded between prisoners and private entities, and such work contracts may not provide for less favourable conditions than those guaranteed to workers outside the prison. In addition, prisoners are entitled to a salary which cannot be less than the minimum wage. The Committee requested the Government to provide information on the outcome of the negotiations conducted between the General Directorate of Prisons and private entities on the implementation of prison employment projects.

The Committee notes the Government’s statement that up to now there have been no applications from private entities to develop their private activities in the prison system. The Government indicates that, in order to promote employment opportunities and the remuneration of prisoners, a draft decision for the Council of Ministers “on the promotion and reward of the work of prisoners” has been prepared, which refers, inter alia, to the promotion of employment by means of contractual relations with private entities.

The Committee recalls that work of prisoners for private entities is only compatible with the Convention where such work is performed voluntarily, with the free, formal and informed consent of the persons concerned, and under conditions which approximate a free labour relationship. The Committee therefore requests the Government to provide information on the measures taken to ensure that prisoners working for private entities give their free, formal and informed consent for such a labour relationship. Please also provide information on the adoption of the Council of Ministers’ decision that will regulate the work of prisoners for private entities.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Communication of repealing texts. The Committee has previously noted the Government’s statements that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 (concerning the exaction of labour for road works), had been repealed. The Committee notes that, in its latest report, the Government again indicates that these texts have been repealed following the entry into force of new legislation and the Labour Code Act No. 7961 of 12 July 1995. The Committee trusts that, with its next report, the Government will send copies of the texts repealing the abovementioned Decrees Nos 747, 1669 and 1781.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee has noted the National Strategy on Combating Trafficking in persons and the National Action Plan for 2005–07. It notes the statistics provided by the Government on the number of people arrested for trafficking and convicted in 2009, as well as the number of victims of trafficking who have sought protection centres. The Committee also notes the National Strategy to combat the trafficking of children and to protect child victims of trafficking which was adopted for 2008–10. The Committee requests the Government to continue to provide information on legal action taken against traffickers and on the penalties imposed on them. It also requests the Government to provide more detailed information on the practical measures undertaken to prevent, suppress and punish trafficking in human beings, together with copies of the relevant reports and court decisions. It further requests the Government to send a copy of the National Strategy and Action Plan currently in force.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. In its previous comments, the Committee has observed that it follows from the wording of sections 24(4) and 25(3) of Act No. 9171 of 22 January 2004 that a request by career military personnel to resign their commission may be accepted or denied, without any reason being given for accepting or denying the request. In its report the Government indicates that, in practice, such requests are accepted if the grounds invoked are for serious reasons – essentially relating to financial or health consideration.

Referring to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls once again that career military personnel who have enlisted voluntarily in the armed forces should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with prior notice, irrespective of the reason invoked. The Committee therefore expresses the firm hope that steps will be taken to amend the above provisions in order to ensure that career military officers and other categories of military personnel have the right to resign their commission in time of peace subject to reasonable notice. Pending the adoption of such steps, the Committee again requests the Government to indicate the number of resignations that have been requested under sections 24–25 of the abovementioned Act, as well as the number of such requests that have been denied and the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. In its earlier comments, the Committee has noted that participation in public works, as governed by Act No. 8104 of 28 March 1996, has been made compulsory not only for members of families receiving financial assistance from the State but also for all persons covered by unemployment benefits schemes, under the menace of the benefits being suspended in the event of refusal. The Committee has requested the Government to indicate whether, in order to be entitled to such benefits, the recipients are required to have worked or to have contributed to existing unemployment insurance schemes for some minimum period of time, and whether the length of time they are entitled to such benefits is linked to the length of time they have worked or contributed to the scheme. In its report, the Government states that, under Albanian law, persons who have contributed towards a social security scheme for at least 12 months and are still registered with the employment offices as jobseekers are entitled to unemployment benefits. It states further that public works programmes for jobseekers are essentially aimed at poor families from rural areas, which the programmes have enabled to increase their monthly earnings and escape the spiral of the informal economy and illegal employment. People who refuse to take part in an employment programme set up by the employment offices without providing a valid reason do not receive unemployment benefits or may have their unemployment benefits suspended for the duration of the programme.

The Committee notes these explanations. It observes that, although such public works may have an economic objective and be aimed at the weaker elements of society, they are nonetheless compulsory, and a refusal to engage in such work is punished by the suspension of unemployment benefits. On this matter, the Committee refers to its 2007 General Survey concerning the eradication of forced labour, in which it considered that, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, and where the length of time during which benefits are paid is linked to the length of time the person concerned has worked, the further requirement that persons perform work would constitute the imposition of compulsory labour under the threat of losing the benefits to which they are entitled. The Committee expresses the hope that the Government will take the necessary action to bring the legislation into conformity with the Convention on this point. It also requests the Government to provide information on the application in practice of the above legislation concerning participation in public works, together with copies of reports and other relevant documents.

Article 2(2)(c). Work of prisoners for private enterprises. In its previous comments, the Committee has noted that, under section 34 of Act No. 8328 of 16 April 1998 concerning the rights and treatment of prisoners, convicts other than disabled persons, pregnant women, persons who fulfil the conditions for retirement and other persons unable to perform labour for health reasons are obliged to work in prison. It also noted that, under section 35 of Act No. 8328 and article 82 of the General Prison Rules, the working conditions of prisoners should be assimilated to those of free workers and are governed by the Labour Code and social security legislation. In its latest report, the Government states that a new set of General Prison Rules has been adopted (Council of Ministers Decision No. 303 of 25 March 2009 concerning general prison rules, as amended by Decision No. 187 of 17 March 2010). It points out that article 83(4) stipulates that prisoners may enter into a contract with a national or foreign legal entity for work to be performed inside or outside the penitentiary, subject to the approval of the director of the establishment. Article 88(6) further stipulates that such work contracts may not provide for less favourable conditions than those guaranteed to free workers. However, the Government specifies that there are not currently any instances of prisoners working for private enterprises inside or outside any prison establishments, and that the General Directorate of Prisons is in the process of negotiating the implementation of prison employment projects with national and foreign legal entities.

The Committee notes this information. It requests the Government to send a copy of the new General Prison Rules as well as details regarding its implementation. It also requests the Government to provide information on the outcome of the negotiations being conducted between the General Directorate of Prisons and national and foreign legal entities regarding the implementation of prison employment projects.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Communication of repealing texts. The Committee previously noted the Government’s statement in its report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 (concerning the exaction of labour for road works) had been repealed. The Committee expresses the firm hope that the Government will not fail to provide, with its next report, copies of the texts which have repealed the abovementioned Decrees Nos 747, 1669 and 1781.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Trafficking in human beings. The Committee has noted the National Strategy on Combating Trafficking in Human Beings (Strategic Framework and National Action Plan for 2005–07), as well as the Cooperation Agreement to establish a National Referral Mechanism for the enhanced identification of and assistance to victims of human trafficking (2005), annexed to the Government’s report. The Committee has noted the Government’s indication that the National Strategy was under review and will be extended until 2012. The Committee would appreciate it if the Government would provide, in its next report, a copy of the revised National Strategy and the new National Action Plan, as well as information on the practical measures undertaken to prevent, suppress and punish trafficking in human beings, supplying copies of the relevant reports and available statistics. Please also provide information on any legal proceedings which have been instituted under the Penal Code provisions punishing the offences related to trafficking, indicating the penalties imposed on perpetrators.

Articles 1 (paragraph 1), and 2 (paragraph 1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, members of career military personnel may apply for resignation to a competent body; if no reply is given within three months, the application to resign is considered accepted. The Committee observed that it follows from the wording of the above sections that the application to resign may be either accepted or refused. It also noted that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

The Committee recalls, referring also to the explanations provided in paragraphs 46 and 96 of its 2007 General Survey on the eradication of forced labour, that career members who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore hopes that measures will be taken to amend the above provisions in order to ensure that career military officers and other career military personnel will enjoy the right to resign their commission in time of peace by giving notice of reasonable length. Pending the adoption of such measures, the Committee again requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

2. Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee noted the Council of Ministers’ Decisions Nos 405 of 1998 and 758 of 2003 concerning the organization of such works, supplied by the Government with its report. While noting this information, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to the length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

Article 2, paragraph 2, subparagraph (c). Work of prisoners for private enterprises. The Committee previously noted that prisoners may work outside penitentiary institutions, in accordance with section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, and section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Committee noted that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour due to health reasons. The Committee also noted that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation.

The Government indicates in its latest report that Act No. 8328 and the General Prison Rules referred to above are in the process of being revised with a view to providing that labour of prisoners is not compulsory. It also indicates that a new legislation on employment of inmates is under preparation.

The Committee requests the Government to keep the ILO informed about the progress made in the amendment of the legislation and hopes that the new legislation concerning prison labour will contain provisions ensuring that the work of prisoners for private enterprises can be performed only with their voluntary consent and in the conditions approximating a free labour relationship, as regards wage levels (leaving room for deductions and attachments), social security and occupational safety and health. The Committee refers in this connection to the explanations provided in paragraphs 59–60 and 114–120 of its 2007 General Survey on the eradication of forced labour. Pending the adoption of the new legislation, please continue to provide information on the conditions in which prison labour is carried out for private enterprises, indicating, in particular, whether the work of prisoners for such enterprises is subject to their formal consent. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provision of section 110 of the Penal Code punishing the illegal deprivation of liberty with sentences of imprisonment. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of illegal exaction of forced or compulsory labour and to supply copies of the relevant court decisions. Please also indicate other measures taken or envisaged to give effect to this Article of the Convention, which provides that “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and “that the penalties imposed by law are really adequate and are strictly enforced”.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret 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 following matters raised in its previous direct request:

1. Trafficking in human beings. The Committee has noted the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

The Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 following matters raised in its previous direct request:

1. Trafficking in human beings. The Committee has noted with interest the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Articles 1(1) and 2(1). Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos. 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its earlier comments.

1. Trafficking in human beings. The Committee has noted with interest the adoption of the amendments to the Penal Code provisions concerning trafficking in human beings (Law No. 9188 of 12 December 2004). Referring to its 2000 general observation on the subject, the Committee would appreciate it if the Government would provide, in its future reports, information on the application of these provisions in practice, as well as information on any other measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of relevant documents, such as, e.g. a national action plan.

2. Supply of repealing texts. The Committee previously noted the Government’s statement in its 2001 report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747, of 30 December 1949, concerning the exaction of labour for roadworks, had been repealed. The Committee again requests the Government to provide, with its next report, a copy of the repealing text.

3. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its earlier comments, the Committee requested the Government to indicate provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request. The Committee notes that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, supplied by the Government with its report, members of career military personnel may apply for resignation to a competent body; if no reply is given by that body within three months, the application to resign is considered as accepted. The Committee observes that it follows from the wording of the above sections that the person seeking to resign must continue service in the armed forces until the resignation is accepted, which means that the service is not automatically terminated upon delivery of a resignation, since the application to resign may be refused. It also notes that neither section 24 nor 25 of Law No. 9171 establishes the criterion used for deciding whether a resignation presented under these provisions will or will not be accepted.

Referring to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee wishes to point out that career members of the armed forces, who have voluntarily engaged in the armed forces, should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the criteria applied in accepting or rejecting a resignation presented in conformity with sections 24 and 25 of the abovementioned Law, as well as the number of cases in which such resignations were refused and the grounds for refusal.

4. The Committee previously noted that, under section 28 of the Law on the Armed Forces (No. 7978 of 1995), the term of service of career military officers is fixed by a special law. The Committee again requests the Government to supply a copy of such special law with its next report.

5. Articles 1(1) and 2(1). Compulsory public works exacted under the menace of suspension of unemployment benefits. In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on public works, as amended by Act No. 8104 of 28 March 1996, under which participation in such works had been made compulsory not only for members of families receiving financial assistance from the State, but also for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits in case of refusal to work. The Committee has noted the Council of Ministers’ Decisions Nos. 405 of 1998 and 758 of 2003 concerning the organization of such work, supplied by the Government with its report. However, the Committee again requests the Government to provide information on the existing unemployment insurance schemes, supplying copies of relevant texts and indicating, in particular, whether such schemes are contingent upon the recipients having worked or contributed to such schemes during some minimum period, and whether the length of time during which benefits are paid is linked to length of time the persons concerned had worked. Please also provide information on the application of the above legislation on public works in practice, including copies of reports and other relevant documents.

6. Article 2(2)(c). Work of prisoners for private enterprises. The Committee previously noted the Government’s indication in the report that prisoners are allowed to work both inside or outside penitentiary institutions. It notes that a possibility to work outside penitentiary institutions is provided for in section 36 of Act No. 8328, of 16 April 1998, concerning the rights and treatment of prisoners, as well as in section 81 of the General Prison Rules adopted by the Council of Ministers’ Decision No. 96 of 9 March 2000. As regards the prisoners’ obligation to perform labour, the Government indicates in its report that, under section 80 of the General Prison Rules, convicts can be asked to work in accordance with their physical and psychological capacities; section 34 of Act No. 8328 on the rights and treatment of prisoners referred to above excludes from the obligation to work only disabled persons, pregnant women, persons who fulfilled conditions for retirement and other persons unable to perform labour for health reasons. The Committee also notes that, under section 35 of Act No. 8328 and section 82 of the General Prison Rules, conditions of work of the prisoners should be assimilated to those of free workers and are covered by the Labour Code and social security legislation. While having noted this information, the Committee requests the Government to indicate, in its next report, how voluntary consent of the prisoners to work for private employers is guaranteed. Please indicate, in particular, whether the work of prisoners for private employers is subject to a labour contract similar to that concluded between a prisoner and a re-educational institution, of which a sample copy was supplied by the Government with its 2001 report, and if so, please provide sample copies of such contracts. Please also supply sample copies of agreements concluded by penitentiary institutions with private users of prison labour, to which a reference is made in section 81 of the General Prison Rules.

7. Article 25. Penal sanctions for the illegal exaction of forced or compulsory labour. In its earlier comments, the Committee noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee noted the Government’s indications in its 2001 report that, during the reporting period, ten sentences of imprisonment had been passed under this section. The Committee again requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted with interest the Government’s statement in the report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 concerning the exaction of labour for roadworks have been repealed. The Committee requests the Government to provide, with its next report, a copy of the repealing text.

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the Law on the Armed Forces, No. 7978 of 1995, as well as information on the application in practice of section 4 of this Law supplied by the Government. It has also noted that, under section 28 of the above Law, the term of service of career military officers is fixed by a special law. The Committee requests the Government to supply a copy of such special law and to indicate any provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(1) and (2)(e). In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on Public Works. It noted that such works are of temporary nature and intended for persons receiving financial assistance in the form of benefits from the State, which may be suspended in case of refusal to work. The Committee has noted that, under Act No. 8104 of 28 March 1996, which introduced amendments to the abovementioned Act on Public Works, participation in such works is made compulsory for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits. The Committee requests the Government to provide, in its next report, information on such schemes, supplying copies of relevant texts, as well as information on the application in practice of the above Acts on Public Works, supplying also a copy of the decision of the Council of Ministers defining the methods of organizing such works, to which reference is made in section 5 of Act No. 7933 of 17 May 1995.

Article 2(2)(c). The Committee has noted the information concerning prison labour provided by the Government in its report. The Government indicates that prisoners cannot be forced to work and no disciplinary measures can be applied to them in case of refusal, but they are allowed to work both inside or outside penitentiary institutions. The Committee requests the Government to supply, with its next report, a copy of Act No. 8238, of 16 April 1998, concerning the rights and treatment of prisoners, which contains provisions governing prison labour, referred to by the Government.

Article 25. The Committee previously noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Government indicates in its report that, during the reporting period, ten sentences of imprisonment have been passed under this section. The Committee requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the information supplied by the Government in reply to its earlier comments. It has noted with interest the Government’s statement in the report that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 concerning the exaction of labour for roadworks have been repealed. The Committee requests the Government to provide, with its next report, a copy of the repealing text.

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the Law on the Armed Forces, No. 7978 of 1995, as well as information on the application in practice of section 4 of this Law supplied by the Government. It has also noted that, under section 28 of the above Law, the term of service of career military officers is fixed by a special law. The Committee requests the Government to supply a copy of such special law and to indicate any provisions applicable to military officers and other career military servicemen as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(1) and 2(e). In its earlier comments, the Committee referred to Act No. 7933 of 17 May 1995 on Public Works. It noted that such works are of temporary nature and intended for persons receiving financial assistance in the form of benefits from the State, which may be suspended in case of refusal to work. The Committee has noted that, under Act No. 8104 of 28 March 1996, which introduced amendments to the abovementioned Act on Public Works, participation in such works is made compulsory for all persons covered by unemployment benefits schemes, under the menace of suspension of the benefits. The Committee requests the Government to provide, in its next report, information on such schemes, supplying copies of relevant texts, as well as information on the application in practice of the above Acts on Public Works, supplying also a copy of the decision of the Council of Ministers defining the methods of organizing such works, to which reference is made in section 5 of Act No. 7933 of 17 May 1995.

Article 2(2)(c). The Committee has noted the information concerning prison labour provided by the Government in its report. The Government indicates that prisoners cannot be forced to work and no disciplinary measures can be applied to them in case of refusal, but they are allowed to work both inside or outside penitentiary institutions. The Committee requests the Government to supply, with its next report, a copy of Act No. 8238, of 16 April 1998, concerning the rights and treatment of prisoners, which contains provisions governing prison labour, referred to by the Government.

Article 25. The Committee previously noted the provisions of section 110 of the Penal Code punishing the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Government indicates in its report that, during the reporting period, ten sentences of imprisonment have been passed under this section. The Committee requests the Government to indicate whether this penal provision is also applicable to cases of the illegal exaction of force or compulsory labour and to supply copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 following matters raised in its previous direct request.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(a), of the Convention.  The Committee refers to the Government’s statement to the effect that, under section 5 of the Decree with respect to the armed forces, military service is compulsory in Albania; the armed forces participate in humanitarian and peacekeeping missions within and outside the country and in emergency situations may also be used to help maintain public order. The Committee requests the Government to transmit a copy of the above Decree and any other text regarding the organization and the functioning of the armed forces and the military service, as well as information concerning the application, in practice, of section 5 of the above Decree.

Article 2, paragraphs 1 and 2(e).  The Committee notes that under Act No. 7933 of 17 May 1995 communal services are works of a temporary nature, consisting of the construction, renovation, cleaning or maintenance of public property; they are intended for persons receiving financial assistance in the form of benefits from the State. Under section 3 of the Act, any refusal to participate in communal services will entail the suspension of state benefits. The Committee notes that, whilst the section 4 employment contract between the employer and the worker establishes the rates of wages, hours of work and social insurance, participation in communal services appears to be exacted under menace of a penalty (suspension of state benefits). The Committee therefore requests the Government to provide information on the measures envisaged, such as the amendment or repeal of section 3 of the above Decree, to ensure due conformity with the Convention in this matter. The Committee also requests the Government to transmit a copy of the decision of the Council of Ministers which defines the methods of organizing and financing community services (section 5).

Article 2, paragraphs 1 and 2(c).  The Committee refers to Decree No. 228 of 19 May 1993 with respect to the method of remunerating prison labour, which provides (section 2) that the work carried out by prison labour is the same as voluntary labour, with the exception of limitations due to the specific environment where prison sentences are served. The Committee also notes that prisoners, who are under the supervision or control of the prison authorities with regard to working conditions, must respect the obligations of the legislation in force and the conditions established in the employment contract. Where these conditions are not respected, sanctions may be imposed (section 7). The Committee recalls that persons who are serving a prison sentence must not be hired out to or placed at the disposal of private individuals without their consent. The Committee requests the Government to provide information in its next report on the application of the legislation and transmit a specimen of the contract concluded between the prison authorities and the employer. Please indicate what sanctions may be imposed on a prisoner where contractual obligations are not respected.

Article 25.  The Committee notes the Government’s indication that section 110 of the Penal Code punishes the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee requests the Government to provide information on instances where this provision has been enforced.

Finally, the Committee requests the Government to indicate whether Decree No. 1669 of 13 May 1953, Decree No. 1781 of 14 December 1953 (which provides for the imposition of labour by administrative decision as a form of punishment) and Decree No. 747 of 30 December 1949, respecting the imposition of communal service on highways (which the Government states is no longer applied in practice) have been formally repealed and, if so, to provide a copy of the text to that effect.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee refers to its observation and requests additional information on the following points.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(a), of the Convention. The Committee refers to the Government's statement to the effect that, under section 5 of the Decree with respect to the armed forces, military service is compulsory in Albania; the armed forces participate in humanitarian and peacekeeping missions within and outside the country and in emergency situations may also be used to help maintain public order. The Committee requests the Government to transmit a copy of the above Decree and any other text regarding the organization and the functioning of the armed forces and the military service, as well as information concerning the application, in practice, of section 5 of the above Decree.

Article 2, paragraphs 1 and 2(e). The Committee notes that under Act No. 7933 of 17 May 1995 communal services are works of a temporary nature, consisting of the construction, renovation, cleaning or maintenance of public property; they are intended for persons receiving financial assistance in the form of benefits from the State. Under section 3 of the Act, any refusal to participate in communal services will entail the suspension of state benefits. The Committee notes that, whilst the section 4 employment contract between the employer and the worker establishes the rates of wages, hours of work and social insurance, participation in communal services appears to be exacted under menace of a penalty (suspension of state benefits). The Committee therefore requests the Government to provide information on the measures envisaged, such as the amendment or repeal of section 3 of the above Decree, to ensure due conformity with the Convention in this matter. The Committee also requests the Government to transmit a copy of the decision of the Council of Ministers which defines the methods of organizing and financing community services (section 5).

Article 2, paragraphs 1 and 2(c). The Committee refers to Decree No. 228 of 19 May 1993 with respect to the method of remunerating prison labour, which provides (section 2) that the work carried out by prison labour is the same as voluntary labour, with the exception of limitations due to the specific environment where prison sentences are served. The Committee also notes that prisoners, who are under the supervision or control of the prison authorities with regard to working conditions, must respect the obligations of the legislation in force and the conditions established in the employment contract. Where these conditions are not respected, sanctions may be imposed (section 7). The Committee recalls that persons who are serving a prison sentence must not be hired out to or placed at the disposal of private individuals without their consent. The Committee requests the Government to provide information in its next report on the application of the legislation and transmit a specimen of the contract concluded between the prison authorities and the employer. Please indicate what sanctions may be imposed on a prisoner where contractual obligations are not respected.

Article 25. The Committee notes the Government's indication that section 110 of the Penal Code punishes the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee requests the Government to provide information on instances where this provision has been enforced.

Finally, the Committee requests the Government to indicate whether Decree No. 1669 of 13 May 1953, Decree No. 1781 of 14 December 1953 (which provides for the imposition of labour by administrative decision as a form of punishment) and Decree No. 747 of 30 December 1949, respecting the imposition of communal service on highways (which the Government states is no longer applied in practice) have been formally repealed and, if so, to provide a copy of the text to that effect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted with interest the information in the report supplied by the Government in 1996. It has noted in particular the prohibitions on forced labour contained in article 4 of the 1991 Constitution of the Republic of Albania and section 8 of the 1995 Labour Code, which have regard to the provisions of Convention No. 105, as well as to the present Convention. The Committee is addressing a direct request to the Government on certain matters.