Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. The worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 114 of the Penal Code prohibits soliciting and receiving financial gains in relation to prostitution. This offence carries a higher penalty when it is committed against a female minor. It had observed that section 114 of the Penal Code refers only to girls, and there did not appear to be any similar provisions protecting boys. The Committee notes with interest that new section 114/a of the Penal Code, as amended by Law No. 8733 of 2001, extends the prohibition to boys and provides for a higher penalty when the offence of soliciting prostitution is committed against minors (i.e. persons under 18 years of age). The Committee requests the Government to indicate which legal provision prohibits the use of a child 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 had previously noted that there appeared 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. It had requested 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. The Committee notes that section 108 of the Penal Code, as amended in 2001, punishes obscene acts involving minors under 14 years of age. Section 117 prohibits the producing, delivery, advertising, import, selling and publication of pornographic materials when these activities are destined for minors. The Committee observes that section 108 of the Penal Code only covers the use of children under 14 years for obscene acts. It reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances should be prohibited. The Committee therefore requests the Government to take the necessary measures to ensure that the prohibition of the use, procuring or offering of children for the production of pornography or for pornographic performances applies to children between 14 and 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 129 of the Penal Code punishes anyone who induces or encourages minors under 14 to criminality and sections 283–285 deal with a range of drug-related offences. It had noted that these provisions appear to only prohibit the use, procuring or offering of a child under the age of 14 for illicit activities. The Committee notes the Government’s information that, under section 128/c of the Penal Code, as amended, the exploitation of minors for labour or forced services, including begging, constitutes an offence. It observes, however, that section 128/c does not prohibit the use, procuring, or offering of a child under 18 years for the production and trafficking of drugs. The Committee accordingly requests the Government to take the necessary measures to ensure that the prohibition of using, procuring or offering children for the production and trafficking of drugs applies to children between 14 and 18 years of age, in conformity with Article 3(c) of the Convention.

Clause (d). Self-employed workers. Hazardous work. The Committee had previously noted that, by virtue of its sections 3(1) and 6(1), the Labour Code appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. It had noted that, by virtue of section 3(3) of Law No. 7986 of 1995, the State labour inspectorate monitors the implementation of the labour legislation, in particular with regard to the employment of children, young persons, self-employed persons and members of their families. Moreover, 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 has the power to prevents the hiring of an employee if the work is hazardous to his/her health, safety and morals. Nevertheless, the Committee had observed 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 requests the Government to provide information on the findings of the labour inspectorate with regard to the violations detected concerning self-employed children under 18 years performing hazardous work.

Article 5. Monitoring mechanisms. The labour inspectorate. The Committee had previously requested the Government to indicate the measures taken to strengthen the labour inspectorate, so as to enable it to efficiently combat the worst forms of child labour. The Committee notes with interest the Government’s information that, in the framework of the ILO/IPEC Programme “Development of a National Programme on Elimination of Child Labour in Albania”, which ended on 30 June 2007, various action plans were carried out aimed at improving the capacity of labour inspectors to detect child labour, including its worst forms. In this regard, the action plan implemented by the Child Labour Unit (CLU) of the Ministry of Labour and Social Affairs (MLSA) in cooperation with the ILO/IPEC, “Enhancing the capacity of the MLSA in combating the problem of child labour in Albania”, contributed to increasing the skills of labour inspectors of the MLSA to monitor child labour. Moreover, under the action plan, “Enhancing the capacity of labour inspectors to combat the worst forms of child labour in Albania”, 20 labour inspectors were trained on child labour issues. Another 75 labour inspectors were more specifically trained on identifying, denouncing and monitoring the worst forms of child labour. Finally, under the action plan, “Child Labour Monitoring System (CLMS) in Albania”, which aims at eliminating the worst forms of child labour through the CLMS, three CLMS Local Action Committees (LACs) were set up in Tirana, Berat and Kiorca, composed of the heads of municipalities, labour inspectors, social welfare officers, education officers, trade unions, employment officers and the police. As a result of this action plan, 300 working children and children at risk were identified and referred to the LACs in the three abovementioned districts. Out of these children, 223 were prevented and 77 withdrawn from child labour, including its worst forms. Finally, the Government indicates that the second phase of the CLMS programme starts in October 2008 and aims at establishing a model for the monitoring of child labour in order for that model to be applied in other major regions. The Committee finally notes that, according to the ILO/IPEC Final Report entitled “Development of a National Programme on Elimination of Child Labour in Albania”, dated 28 January 2007, the Albanian Parliament adopted Law No. 9634 on “Labour Inspection and State Labour Inspectorate” on 30 October 2006. Under sections 6 and 15 of this law, the labour inspectors shall monitor the employment of children. Noting that various action plans have been adopted by the Government to strengthen the capacity of labour inspectors to detect children involved in the worst forms of child labour, the Committee requests the Government to provide information on the findings of the labour inspections with regard to the extent and nature of violations detected concerning children under 18 years involved in the worst forms of child labour.

Article 6. Programme of action to eliminate the worst forms of child labour. National Report and Strategic Framework on Child Labour Issues in Albania. The Committee notes that, according to the ILO/IPEC Final Report (page 3), the Strategic Framework for Action on Child Labour in Albania, based on the National Report on Child Labour, has, as its main goal, the prevention and withdrawal of children from the worst forms of child labour. Its main areas of action are: (a) child labour monitoring, evaluation and information; (b) public awareness; (c) legislation; (d) law enforcement; (d) education; and (e) support for children and their families. The target groups are: (a) child victims of trafficking and children at risk of being involved in trafficking; (b) children involved in illicit activities; (c) children working in the street; (d) children working in agriculture; (e) children working in construction and small workshops; (f) children from families affected by severe poverty; (g) children who dropped out from school; and (h) Roma children. The National Report and the Strategic Framework will be the basis for a National Plan of Action on Child Labour in Albania. The Committee notes that, according to the ILO/IPEC Final Report (page 29), 1,461 children were prevented from the worst forms of child labour through formal and non-formal education and vocational training. The Committee requests the Government to provide information on any progress in adopting the National Plan of Action on Child Labour in Albania.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that, by virtue of section 8 of the Law on the Pre-University Education System, 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 free teaching and material resources to pupils. However, it had noted that, according to the information provided by UNICEF, schools were in bad condition, teachers underpaid, teaching materials outdated and drop-out rates high. Moreover, disabled children rarely attended school, and Roma children had high drop‑out rates. It had also noted 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 expenditure on education and noted that data about school attendance, transition rates and drop-out rates from different sources were contradictory and made it difficult to assess the effectiveness of the school system. The Committee notes the Government’s information that the Children’s National Strategy and its Action Plan, approved on 31 May 2005, focus, among others, on improving the quality of education and raising primary school attendance. It also notes that, according to the ILO/IPEC Final Report, a collective agreement between the relevant trade unions and the Albanian Ministry of Education and Science was signed on 4 July 2006. It aims, inter alia, at eliminating child labour and decreasing school drop-outs. Moreover, according to the same source, ILO/IPEC and the World Bank in Albania are supporting the Government to implement the Education for All/Fast Track Initiative, with the objective of reaching universal quality primary education. Finally, through training at various levels, the ILO/IPEC Supporting Children’s Rights through Education, Arts, and Media (SCREAM) methodology has been introduced into education. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to continue to provide information on the impact of these and other time-bound measures on increasing school attendance rates and reducing school drop-out rates for children. It also requests the Government to provide updated statistical data on school enrolment rates and school drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes with interest that, according to the ILO/IPEC Final Report, in the framework of the ILO/IPEC Programme “Development of a National Programme on Elimination of Child Labour in Albania”, 343 children were withdrawn from the worst forms of child labour through education and vocational training services.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the ILO/IPEC Final Report, the Strategic Framework for Action on Child Labour in Albania has been elaborated on the basis of the National Report on Child Labour. This National Report was prepared based on an in-depth analysis of the available information on child labour in the country, including recent data from the rapid assessments on the worst forms of child labour. The Committee requests the Government to supply a copy of the National Report on Child Labour and/or other available updated information on the nature, extent and trends of the worst forms of child labour, including the number of children covered by the measures giving effect to the Convention. The Committee also requests the Government to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed in application of the Convention.