Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. The worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested 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 14–18 years of age. The Committee notes with interest that pursuant to Law No. 9859, “On amendments to the Penal Code” of 21 January 2008, section 117 of the Penal Code was amended to prohibit the use of minors (all persons under 18 years of age) for the production of pornographic materials.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee 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 observed that these provisions appear to only prohibit the involvement of a child under the age of 14 for illicit activities.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the information in the ILO–IPEC Technical Progress Report for the project entitled “Upstream Activities for prevention and elimination of the worst forms of child labour in Central and Eastern Europe” of February 2010 (ILO–IPEC TPR 2010) that one of the sectors identified by the action programme entitled “Integrated programme on the elimination of worst forms of child labour”, implemented in 2009, was children involved in illicit activities. Moreover, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Albania of 28 and 30 April 2010, entitled “Internationally recognized core labour standards in Albania” (ITUC Report) that children work as drug runners in Albania. The Committee recalls that pursuant to Article 3(c) of the Convention, the use, procuring or offering of any person under 18 for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour and that pursuant to Article 1, the Government must take “immediate measures” to secure the prohibition of this worst form. The Committee accordingly urges the Government to take the immediate and effective measures to ensure that the prohibition of the use, procuring or offering of children for the production and trafficking of drugs applies to children between 14–18 years of age, in conformity with Article 3(c) of the Convention.

Article 5. Monitoring mechanisms. The labour inspectorate. The Committee previously noted that various action plans had been adopted to strengthen the capacity of labour inspectors and it requested information on the findings of the labour inspections with regard to the worst forms of child labour. The Committee notes the information in the Government’s report that the two stages of the “Child Labour Monitoring System” project has benefited approximately 600 children, through their referral to services and long-term monitoring to ensure their reintegration. The Committee also notes the information in the Government’s report that labour inspections have indicated that 49 per cent of children work in the clothing industry, 30 per cent work in shoe repairs, 15 per cent work in hotels, bars or restaurants, and 6 per cent work in other activities. The Government indicates that of the working children detected by the labour inspectorate, 1.5 per cent work at least eight hours a day or 40 hours a week. The Government also indicates that the State Labour Inspectorate identified 38 persons under 18 who were working without the authorization of the Inspectorate. The Committee further notes the information in the Government’s report submitted under Convention No. 138 that the State Labour Inspectorate fined six enterprises for violations of the provisions of the Labour Code related to the employment of children. 

The Committee notes, however, an absence of information on the number of violations detected related to the worst forms of child labour, and in particular, hazardous work.  In this regard, the Committee notes the information in the ITUC Report that a large number of children work in extremely hazardous occupations and under dangerous conditions in the following sectors: agriculture, construction, small shoe and clothing factories, and the service sector. The ITUC Report further indicates that children in these sectors are exposed to chemicals, carrying heavy loads, exhaustion owing to long working hours and injuries from tools. The Committee expresses its concern at reports of children engaged in hazardous work, and requests the Government to take the necessary measures to adapt and strengthen the State Labour Inspectorate to improve the capacity of labour inspectors to detect cases of the worst forms of child labour, in particular, hazardous work. It requests the Government to provide information on the impact of the measures taken, particularly on the number and nature of violations detected related to children engaged in hazardous work.

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 previously noted that the National Report and the Strategic Framework would be the basis for a National Plan of Action on Child Labour in Albania, which has yet to be adopted. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on any progress in adopting the National Plan of Action on Child Labour in Albania.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that while the Law on the Pre-University Education System guarantees free teaching and material resources to pupils, UNICEF information indicated that schools were in bad condition, teachers underpaid, teaching materials outdated and drop-out rates high. However, the Committee noted several measures taken by the Government to reduce drop-outs and achieve universal education, including collaboration with the World Bank, ILO–IPEC and relevant trade unions.

The Committee notes the information in the ITUC Report that, although the Government provides nine years of tuition-free compulsory schooling, many children, especially in rural areas, leave school before the end of compulsory education to work. The ITUC Report states that parents are required to pay for supplies, books and even heaters for some classrooms, making school prohibitively expensive for many families and leaving a growing population of vulnerable, unregistered children at risk of exploitation.

The Committee notes the information in the Government’s report that it has expanded programmes promoting school attendance, by offering free textbooks to elementary school students from poor families, providing psychological services at schools, and adopting a curriculum which reaches out to children at risk of dropping out. The Government also indicates that, within the context of the “Child Labour Monitoring System” project, 465 working children, and those at risk, have been provided with formal and non-formal education in classes taught by specialized teachers. The Committee also notes that the Ministry of Education and Science issued a guideline for the school year 2008–09 entitled “Reduction of the number of pupils who have dropped out of school” (No. 32 of 28 August 2008), which requires regional education offices to provide information on the number of children who have dropped out of school. The Government also indicates that the Ministry of Education and Science implements a project entitled “The Second Chance”, which supports teachers who work with students who have dropped out of school, and indicates that these classes are attended by 513 pupils between the ages of 10 and 15 across the country. The Committee further notes the information in the ILO–IPEC TPR 2010 that through the action programme entitled “Integrated programme on the elimination of worst forms of child labour”, 265 children were removed from, or prevented from engaging in, the worst forms of child labour were provided with school supplies. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to pursue its efforts to improve the functioning of the education system and to increase access to free basic education, paying particular attention to children in rural areas. The Committee requests the Government to provide information on the results achieved, particularly with regard to ensuring completion of education and reducing school drop-out rates, including up-to-date statistical information on this subject.