Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Albanie (Ratification: 1997)

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

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

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

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

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

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

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