CMNT_TITLE

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

Other comments on C029

Observation

1998

Direct Request

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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.