Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Albanie (Ratification: 2001)

The Committee takes note of the Government’s first report, and of the communication of the Confederation of Trade Unions of Albania dated 30 September 2004. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee observes the information provided by the Confederation of Trade Unions of Albania and that "there are children that fall victims of trafficking and organ transplants" amongst others. The Committee requests the Government to provide its comments on this information.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that, according to article 26 of the Constitution, no one may be required to perform forced labour. It also notes that section 8 of the Labour Code prohibits all forms of compulsory labour and defines compulsory or forced labour as any job or service imposed on the individual against his/her will, threatening him/her through whatever punishment. The Committee further notes that section 110 of the Penal Code prohibits the unlawful deprivation of liberty.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to the Law on the Armed Forces of the Republic of Albania of 26 July 1995, military service is a right and an obligation for every citizen of Albania. Albanian citizens are registered at the mobilization office when they reach 16 years old. Compulsory military service starts at the age of 19.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 114 of the Penal Code prohibits soliciting, mediating and receiving financial gains with relevance to committing prostitution. A higher penalty is provided where this offence is committed against a female minor. Section 115 of the Penal Code punishes anyone who manages, utilizes, finances or lets the premises for the purpose of prostitution. The Committee notes that section 114 of the Penal Code refers only to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that, under Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that there appear to be no provisions in the Criminal Code prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 129 of the Penal Code punishes anyone who induces or encourages minors under 14 to criminality. It also notes that sections 283-285 of the Penal Code deal with a range of drug-related offences, including manufacture, distribution, sale, transportation of drugs, cultivating of narcotic plants, manufacture and storage of equipment for producing narcotics. The Committee notes that the above provisions appear to only prohibit the use, procuring or offering of a child under the age of 14 for illicit activities. It reminds the Government that, under Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as well as the sanctions envisaged.

Article 3. Clause (d). Hazardous work. 1. General prohibition to perform hazardous work. The Committee notes that, according to section 100 of the Labour Code, only adults over 18 years of age may be employed to carry out difficult jobs that pose danger for their health or personality. Section 101 of the Labour Code prohibits night work for employees under 18 years of age. It also notes that, according to section 78(2) of the Labour Code, the daily duration of work shall not be longer than six hours a day for employees under 18 years of age.

2. Self-employed workers. The Committee notes that, according to its sections 3(1) and 6(1), the Labour Code is applicable to a contract of employment. Therefore, the Labour Code appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of hazardous work. The Committee notes that Decree No. 205 of 9 May 2002, amending Decree No. 384, includes in its annex a list, which contains 46 types of difficult or dangerous work prohibited to juveniles under 18 years of age. The listed types of work include, in particular, work involving the production, processing and use of explosive materials, combustible gases, toxic and cancerous substances; work that entails exposure to radiation, high-level noises, high or low temperatures; work in metallurgical industry; work involving the use of machinery in motion, cranes, cutting and drilling equipment, pressure-applied appliances; underground work; work involving the use of high-voltage electrical equipment; and underwater work. The Committee also notes that, pursuant to section D, paragraph 5, of Decree No. 384, the state labour inspectorate ensures that the list of hazardous work continuously conforms to the latest developments. The inspectorate examines the contents of this list at least once a year and makes the respective proposals to the Minister of Labour and Social Affairs with a view to their approval by the Council of Ministers. In this regard, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Recommendation No. 190. The Committee requests the Government to continue providing information on any review of the list of types of hazardous work and trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. It also asks the Government to supply information on the consultations held with organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information from the Government on this matter. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist.

Article 5. Monitoring mechanisms. The labour inspectorate. The Committee notes that, according to Law No. 7986 of 13 September 1995, the State Labour Inspectorate oversees/monitors implementation of the labour legislation, in particular, relating to the employment of children and young persons, and carries out labour inspection. Pursuant to section 3(3) of this Law, the rights of the state labour inspectorate are carried out with regard to all employers and self-employed persons and members of their families, operating in Albania, regardless of their nationality. According to section 12 of Law No. 7986, labour inspectors, in particular, have the right to enter freely and without previous notice any workplace liable to inspection and to carry out any examination, test or inquiry which they may consider necessary. The Committee further notes that section D, paragraph 5, of Decree No. 384 on the protection of minors at work provides that the employer must inform the Labour Inspectorate of the hiring of each person aged 16-18 years old and that the Labour Inspectorate prevents the hiring of an employee when work: exceeds objectively the physical or psychological capacity of the employee; implies a harmful exposure to physical, biological and chemical agents; presents the risk of an accident and endangers health. Nevertheless, the Committee observes the information provided by the Confederation of Trade Unions of Albania that young persons under the age of 18 are widely employed to do heavy and hazardous work. The Committee asks the Government to indicate the measures taken or envisaged to strengthen the labour inspectorate, so as to enable it to efficiently combat the worst forms of child labour. It also requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 110, 114, 128/b and 129 of the Penal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting the unlawful deprivation of liberty, involving a female minor in prostitution, trafficking in minors and inducing minors under 14 to criminality. It also notes that section 202 of the Labour Code provides for the imposition of a fine amounting to 50 times of the minimum monthly wage for the violation of prohibition to employ juveniles under 18 years of age to difficult jobs. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that, under article 57 of the Constitution of the Republic of Albania, everyone has the right to education. Mandatory education and general high-school education in public schools are free. It also notes that section 8 of the Law on Pre-University Education System provides that children start compulsory education at the age of 6, and they are obliged to attend school until the age of 16. According to section 9, the State guarantees to pupils free teaching and free material resources. However, the Committee notes that, according to the information provided by UNICEF, only 44 per cent of young children (13 per cent in rural areas) in Albania attend pre-school. Schools are in bad conditions, teachers are underpaid, teaching materials are outdated and drop-out rates are high. Disabled children rarely attend school, and Roma children have high drop-out rates. It also notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.249 of 28 January 2005, paragraph 60) expressed concern at the decline of public expenditures on education and noted that data about school attendance, transition rates and drop-out rates from different sources are contradictory and make it difficult to assess the effectiveness of the school system. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/11/Add.27 of 5 July 2004, paragraph 290), street children represent the most vulnerable group to the danger of maltreatment, insecurity, illiteracy and malnutrition. Many economic, social, cultural, educational and family reasons support the marginalization of this category of children. Incomplete data have identified nearly 800 street kids roaming the streets in Tirana as beggars, street sellers and shoeshine boys. The Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.249 of 28 January 2005, paragraphs 72-73), was very concerned that street children represent the most unprotected category of children in Albania and regretted the lack of information in this respect. It recommended to the Government to undertake a study to assess the scope and causes of the phenomenon and to consider establishing a comprehensive strategy to address the increasing number of street children. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee notes that Albania ratified the Convention on the Rights of the Child in 1992. It also notes that Albania is a party to the following international drugs Conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.