Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative referred to the study conducted in 2014 on street children which had identified 2,527 children living on the streets. Many of them were under 18 years of age and were forced to work by their families. They were not in school and were engaged in activities such as begging on a seasonal and temporary basis. They were often subject to violence and exploitation. The data collected through the study had been used to formulate an action plan to protect children from all forms of abuses. The plan adopted a holistic approach covering both children and their families. The activities under this plan were twofold. The first pillar was training on child labour provided to both public and civil society organizations at the municipal level. The second set of activities was based on a long-term approach to ensure continuity, which included an awareness-raising campaign. At the national level, an inter-ministerial agreement had been concluded and a regional action plan adopted by virtue of the agreement under the coordination the State Agency for Child Rights Protection. The implementation of the regional action plan had started in May 2014 under the primary responsibility of the Child Protection Unit, in cooperation with various government agencies, as well as social workers and non-governmental organizations. The activities had resulted, for instance, in 108 children and 44 families in Tirana no longer living on the streets. Improvements had also been observed in other areas, including: the number of children and/or their families brought under protection by social care services, the number of children newly enrolled in schools, and the number of families trained for employment and offered a job. She added that only a limited number of institutions were involved in the issue of sexual abuse of children, and specialized services were lacking. In this context, the Ministry of Labour, Social Affairs and Equal Opportunities had implemented a programme to protect children from abuse and exploitation in collaboration with UNICEF. Under this programme, various stakeholders, including social services, teachers, medical professionals, the General Prosecutor’s Office, had jointly established a platform for specialized care. Particular attention had been paid to the Roma community, with training to identify child abuse being provided to that community.

The Worker members deeply regretted that the Government had prevented Albanian worker representatives from being present at the discussion. The International Trade Union Confederation (ITUC) had filed a complaint on this subject on 2 June 2015 under article 3(2) and (5) of the ILO Constitution. Finally, a delegate representing Albanian workers had been able to attend the discussion. In the absence of other Albanian worker representatives, the following was based on information that they had transmitted. Member States that had ratified the Convention were required to implement programmes of action aimed at eliminating the worst forms of child labour and to take all the necessary measures to ensure the effective implementation and compliance with the Convention. In 1999, the Government had signed a Memorandum of Understanding with the ILO International Programme on the Elimination of Child Labour (ILO–IPEC) in relation to the prevention of child labour and the rehabilitation of children who were in intolerable situations. Despite the Committee of Experts making five observations and five direct requests since the ratification of the Convention in 2001, the issue had still not been resolved. Albania continued to be a country of origin of child trafficking. In 2012, the United Nations Committee on the Rights of the Child had stated that it was deeply concerned at the high number of children exposed to economic exploitation, and specifically to hazardous activities. The issue of the worst forms of child labour included trafficking, which was international in scope, forced begging, and also affected the manufacturing industry. The problem was particularly prevalent in certain communities, such as the Roma and Egyptian populations, where children had great difficulty in gaining access to education. Approximately 50,000 children were affected. However, the Government had made efforts, as noted by the Committee of Experts. A national strategy and a plan of action against the trafficking of children and to protect child victims of trafficking had been implemented between 2005 and 2007. An Act adopted in April 2014 prohibited the sale and trafficking of children and criminalized the involvement of children under the age of 18 in the use, production and trafficking of drugs. The Government had also established bodies to work with labour inspection to enforce sanctions more effectively. Despite the fact that the trafficking of children for economic or sexual exploitation was prohibited by law, in practice it was still a serious problem and the Government’s response was not satisfactory. The Worker members emphasized the following points: (i) the worrying absence of accurate information on the number, sex and age of child victims of trafficking for sexual exploitation; (ii) the two minority communities mainly affected (Roma and Egyptian children); and (iii) the problems of the Albanian education system, which did not allow children from those communities to improve their educational level, as well as the dilapidated state of school buildings. School fees were also a major obstacle for the access of Roma and Egyptian children to education and, despite the plans that had been established by the Government, social services for children were inadequate. Even though efforts had been made, inspection services were inadequate and were not yet capable of detecting the worst forms of child labour, which made the legislation unenforceable, as recently noted by the United Nations Committee on the Rights of the Child. In order to ensure prohibition and elimination of the worst forms of child labour, the Government needed to take strong measures without delay.

The Employer members recalled that the Convention provided that a ratifying country must take immediate and effective measures as a matter of urgency. With respect to Albania, they observed that in its observations published in 2011 and 2015, the Committee of Experts had noted the measures taken by the Government, such as the National Anti-Trafficking Strategy, the standard operating procedures on the identification and referral of victims and potential victims of trafficking, and the Child Protection Unit that collaborated with the labour inspectorate to identify children at risk of child labour. The Committee of Experts had also noted with satisfaction the adoption of Act No. 10347 of 11 April 2014 which prohibited the sale and trafficking of children and their involvement in drug trafficking. The Penal Code had also been amended to increase penalties for crimes against children, including trafficking, and to criminalize possession of child pornography. The Employer members also noted that, in its findings of 2013 on the worst forms of child labour, the Department of Labor of the United States had noted “significant advancement”, referring to effective labour inspection, prosecution and the funding of social programmes. With the information on all these measures taken, the Employer members considered that the case of Albania was one of progress. They observed that the Committee of Experts had also noted in its observations other measures, including the educational efforts for children of the Roma community, support for families and children living in the streets, the Action Plan for Children and the Action Plan for the Decade of Roma Inclusion which aimed at increasing the participation of Roma children in education. While the situation was not perfect, as the Government itself recognized, and there remained concerns with respect to child trafficking, the Government had taken immediate and effective steps and treated issues related to child labour as a matter of urgency, as required by the Convention.

The Worker member of Albania indicated that the Government had introduced a wide range of laws and regulations, including laws on safety and health at work, anti-discrimination and education and vocational training; and government decisions on labour inspection, a list of professions in difficult conditions, dangerous work, the integration of abused and trafficked children and state social services. In Albania, 10 per cent of the population lived in poverty, which had led to an increasing number of children being at risk of the denial of their fundamental rights. Children from the Roma and Egyptian communities continued to suffer from exclusion and segregation in schools. Violence against children was an issue of concern in Albania. Many adults believed that physical and psychological pressure had positive effects on children, which lead children to believe that violence was necessary at home and in school. Albania was a country of origin of child trafficking to western European countries, especially for forced labour and begging. Although the Government was not fully in compliance with the minimum standards for the elimination of child trafficking, significant efforts had been made recently. Child labour was and would remain a priority for the Confederation of Trade Unions of Albania (KSSH). He expressed his concern that, according to KSSH studies, about 50,000 children in the country aged between 7 and 17 were working in various economic sectors. He considered that the high rate of child labour was the source of poverty in the country, associated with poor education and the lack of administrative and legislative reform. He regretted that little had been done to prevent child labour and believed that public awareness raising was important with the involvement of trade unions in all sectors. He also expressed concern at the issue of the lack of credibility of statistical information, as he observed that the figures were manipulated in accordance with the intentions of the body issuing the information.

The Worker member of Italy, based on the information provided by the Union of Independent Trade Unions of Albania (BSPSH), referred to studies reporting that Albanian children were engaged primarily in agriculture and domestic work, as well as forced begging. Despite the legislative, institutional and policy frameworks adopted, child trafficking persisted, especially for children from the Roma and Egyptian communities, who accounted for the majority of street children. Primary and secondary schooling was compulsory, but the associated costs often prevented poor families from sending their children to school, especially in the case of girls. Roma children faced additional difficulties, as they lacked civil registration and had to work to help their families. She emphasized the need to further strengthen institutional structures and monitoring mechanisms for the implementation of children’s rights at the national and regional levels so as to develop sound policies and programmes for children aimed at protection and prevention from child labour, education and vocational training, and social reintegration focused on family empowerment. Labour inspection needed to be strengthened and adequately supported by relevant expertise with a view to ensuring that the relevant legislation was enforced and violations were penalized. Labour market policies needed to be implemented to promote youth employment and the formalization of the informal economy. The social partners could make a valuable contribution in this regard. She called on the Government to continue to request ILO technical assistance and to consider ratifying the Domestic Workers Convention, 2011 (No. 189), as many children were engaged in domestic work.

The Worker member of Serbia said that the situation of child labour in Albania, as described by the Committee of Experts, might exist in any other country in the region, differing only in terms of the level of the problem. It was rooted in the traditional culture whereby child labour within a farming family had been normal. This meant that technologically underdeveloped farming needed more hands to work for the family. After the privatization process in the 1990s in socialist States, pauperization had hit families. With both parents unemployed, children, especially those from highly underdeveloped parts of the country, would seek to resolve their problems through informal activities, including criminal activities. Minorities were the most vulnerable, in particular the Roma. He outlined two negative elements as the root of this situation. First, children were discouraged from pursuing education or seeking decent formal jobs as they were misled into believing that they did not have access to them. Secondly, the minorities lured youngsters in other countries into joining them, and subjected them to blackmail. Those minorities were mostly the organizers of the transfer of young persons from the Balkans to Europe. Sometimes they were relatives, who kept the young persons under their influence. He added that relevant social services should be established in receiving countries.

The Government representative indicated that she had noted all the suggestions and comments made during the discussion. Fourteen years after the ratification of the Convention, the Government considered that progress was being made and that the country was on the right path, with the legal framework complete, institutional frameworks set up and measures being taken for their implementation. Field structures had recently been established and monitoring mechanisms were in place. She affirmed that there were still problems in Albania with regard to child labour, but there was a strong political will to enforce the legislation in order to eradicate the worst forms of child labour.

The Worker members emphasized the importance of the issue of the worst forms of child labour, which was an essential problem requiring commitment from everyone. They emphasized that additional measures needed to be taken by the Government as a matter of urgency. The main difficulties previously highlighted were: deficiencies in the data collected and made public by the authorities; the fact that minorities were particularly affected by child trafficking; the situation of the Albanian education system and the fact that it was impossible for many Roma and Egyptian children to benefit from it; and the weakness of the inspection services. For these reasons, the Worker members suggested that the Government intensify its efforts and take the following measures urgently: (i) improve the monitoring and statistical services to make detailed information available on children and to analyse in depth international child trafficking, and particularly the reasons driving the emigration of unaccompanied minors; (ii) improve access to civil registers to avoid certain sectors of the population being outside Government action; (iii) remove obstacles to increase the participation by Roma and Egyptian children in the education system, particularly by abolishing costs related to education and improving infrastructure, and combating forced begging in collaboration with UNICEF; and (iv) strengthen inspection services and provide labour inspectors with the necessary means to discharge their duties. In this regard, labour inspectors needed to be provided with expertise on child labour, and especially on detection of child labour. These measures should cover child trafficking at both the national and international levels so as to ensure that crimes were prosecuted effectively and deterrent sanctions imposed in practice. The Worker members requested further collaboration with ILO–IPEC and asked for an ILO technical assistance mission to be organized. The Government’s acceptance of such a mission would indicate a genuine will to move towards the improved application of the Convention. Noting the suggestion by the Employer members that this should be considered a case of progress, the Worker members recalled that a case could only be qualified as one of progress when the Committee of Experts noted that there had been progress on a particular point. That did not mean that the country was in compliance with all of the provisions of the Convention, nor did it exclude follow-up on certain issues. This was the reason why the Worker members had proposed their measures noted above.

The Employer members noted that only the Government of Albania had taken the floor, and that no other Employer members had made statements. They indicated that, while there were reasons to remain concerned with respect to child labour and child trafficking in Albania, similar situations, though their extent might vary, existed in many of the countries that had ratified the Convention. Considering that the Government was taking effective measures in a speedy manner, they were of the view this was a case of progress. They then highlighted further measures which they would like to see implemented: increasing the number of labour inspectors trained to deal with matters relating to child trafficking and the number of police investigations in this respect; more effective functioning of the Child Protection Unit; and more effective measures with regard to the Roma community.

Conclusions

The Committee took note of the detailed oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that ensued relating to the prevalence of the trafficking of children for sexual exploitation from Albania, which continued to be a source country, as well as the high number of street children and Roma children with low levels of education involved in the worst forms of child labour including trafficking, begging and work on the streets.

The Committee noted the Government’s statement outlining laws and policies put in place to combat the sale and trafficking of children for sexual exploitation, as well as the action programmes that were being undertaken to remove children from such situations. The Committee further noted the Government’s indication that it was carrying out initiatives to raise awareness amongst various stakeholders to combat the sexual exploitation of children and trafficking for that purpose. The Committee also noted the Government’s statement that it had undertaken various programmatic measures to identify and protect children from the Roma and Egyptian communities from the worst forms of child labour, including begging and street work. This included the implementation of an inter-ministerial initiative in 2014 entitled “Support for families and children living on the street”, which had removed a certain number of children from the street and provided for their social integration. In addition, and given the low school attendance rates of Roma children, the Government had adopted the Action Plan for Children and the Action Plan for the Decade of Roma Inclusion which aimed to increase the attendance of Roma children in compulsory education. Lastly, the Committee noted the Government’s statement that while there were implementation issues in Albania, its legislative framework was in line with the Convention and the political will of the Government clearly existed to address the implementation gaps.

Taking into account the discussion that took place, the Committee urged the Government to:

• continue removing barriers to greater participation of Roma and Egyptian children in the education system, including access to free basic education and access to education in their own language;
• continue taking urgent measures to stop trafficking, the practice of forced begging and work on the streets, in conjunction with UNICEF, and report on these measures;
• increase the number of labour inspectors as well as the resources allocated to them; train inspectors on child labour under national and international law and on methods to effectively monitor and enforce these laws;
• increase the number of police investigators for child rights;
• effectively enforce anti-trafficking legislation, take measures for effective implementation in practice and provide information on the progress to the Committee of Experts made in this regard, including on the number of investigations, prosecutions, convictions and penal sanctions applied; and
• re-initiate collaboration with ILO–IPEC, which ended on 31 December 2010.

The Government representative indicated that the Government would take the necessary measures to address the issues raised by the Committee.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee observed that although the trafficking of children for labour or sexual exploitation was prohibited by law, it remained an issue of concern in practice. It noted the information from the Confederation of Trade Unions of Albania that children were victims of trafficking. The Report of the UN Special Rapporteur on the sale of children, child prostitution and child pornography of 27 March 2006 indicated that since 2001 Albania had emerged as a source country for victims of trafficking (for the purposes of both sexual and labour exploitation), though initiatives had resulted in a decline in child trafficking for labour exploitation (E/CN.4/2006/67/Add.2, paragraphs 10 and 15). It noted the adoption of the Strategy and Plan of Action for the Fight Against Child Trafficking and the Protection of Child Victims of Trafficking for the period 2005–07, and requested information on the impact of the various measures taken within this framework.

The Committee notes the Government’s statement that the implementation of the National Anti-Trafficking Strategy 2008–10 has proceeded according to the timelines envisioned in the action plans. The Government indicates that the National Anti-Trafficking Strategy 2008–10 focuses on four main aspects: prosecution of traffickers, protection and assistance for victims, prevention and coordination. The Government’s report also indicates that law enforcement agencies have continued the successful investigation of trafficking offences, and that cooperation between the Prosecutor’s office and the police continues, including the exchange of statistical data. In this regard, the Government indicates that the Database on Victims of Trafficking is being improved to ensure detailed reporting on the identified, protected and reintegrated victims of trafficking. The Committee also notes the various measures implemented to prevent child trafficking, including the organization of an awareness-raising campaign aimed at children between 7–14 years, and the facilitation of birth registration of children. The Committee further notes the information in the Government’s report that Regional Anti-Trafficking Committees within the country have met regularly, with activities including awareness raising among women and girls, identifying vulnerable social groups, identifying cases of trafficking, reporting on the number of children who have dropped out of school and supporting civil society organizations engaged in combating trafficking.

While taking due note of these measures, 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 the trafficking of children for labour or sexual exploitation remains a problem in the country, and that the Government should strengthen its prosecution of traffickers. The ITUC Report indicates that the prevalence of child trafficking results from poverty, economic instability, housing problems, poor living conditions, low levels of education, low employment opportunities, and improper and ineffective law enforcement. In this regard, the Committee expresses its concern at the continued prevalence of the trafficking of children under 18 years of age in Albania. It accordingly urges the Government to strengthen its efforts, within the framework of the National Anti-Trafficking Strategy 2008–10, to combat the trafficking of persons under 18 years of age, and to ensure that that thorough investigations and robust prosecutions of persons who commit this offence are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the impact of measures taken in this regard, particularly with respect to the number of prosecutions, convictions and the sentences imposed for the trafficking of children. It also requests the Government to continue to provide any additional information on the trafficking of persons under 18 years of age from the Database on Victims of Trafficking.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee previously noted that that the National Strategy and Plan of Action against Child Trafficking contained various measures to protect, rehabilitate and reintegrate child victims of trafficking. It requested the Government to provide information on the number of children reached through this Strategy. The Committee notes the Government’s statement that in 2009, 22 child victims of trafficking were offered services in public and private residential centres. The Committee also notes the information in the Government’s report that pursuant to amendments to the Law on Social Assistance and Services (No. 9335) of 2 March 2010, victims of trafficking will benefit from economic assistance after they leave residential centres. The Government also indicates that municipal economic assistance offices and protection units provide referrals and assistance to persons at risk and trafficked persons. The Committee further notes the information in the Government’s report that the Guideline of the Minister of Labour No. 316 of 10 February 2010 “On the implementation of standards of social care services for trafficked or at-risk persons” aims to standardize the practice and documentation of every institution providing services to victims of trafficking. The Government indicates that it has taken measures to improve the vocational education curriculum, providing free vocational training to 38 victims of trafficking (both girls and women) and that 92 victims of trafficking were employed and reintegrated. Lastly, the Committee notes the information in the Government’s report that the National Reception Centre for Victims of Trafficking offers reception, accommodation, rehabilitation, referral for reintegration and repatriation to Albanian and foreign women and girls, as well as children who are at the risk of being trafficked. This Reception Centre is high security, and provides medical, legal and educational services, as well as psychosocial counselling for children.

Clause (d). Identifying and reaching out to children at special risk.  Street children and children from minority groups. The Committee previously noted the ITUC’s allegations that significant numbers of Albanian boys and girls are engaged in begging, starting as early as 4 or 5 years, and that most children involved are from the Roma or Egyptian communities. The ITUC also urged the Government to assist children who work on the streets to overcome barriers to education and help them re-enter the school system and to introduce and support programmes to reduce the poverty and inequality faced by Roma and Egyptian communities. It also noted the information in the Report of the UN Special Rapporteur that the most visible form of child labour in Albania is street work, though it noted that one of the target groups of the Strategic Framework for Action on Child Labour is children who work on the streets. It requested the Government to provide information on the number of children found working on the streets and then rehabilitated and integrated as a result of the measures taken.

The Committee notes the Government’s statement that the major issues with regard to the Roma community are low levels of education (with high illiteracy and low numbers of pupils enrolled), poor living conditions, poverty, and high levels of trafficking and prostitution. The Government indicates that it is implementing a ten-year National Strategy for the Improvement of the Living Conditions of the Roma Minority, adopted in 2003 (National Strategy on Roma 2003), which seeks to address, inter alia¸ education, poverty reduction and social protection. The Government indicates that this has resulted in an increase in attendance in schools by Roma children. However, the possibility of teaching the Roma language in schools has not yet been fully implemented. The Government also indicates that it organizes summer schools with Roma and non-Roma children, and that Roma children have benefited from measures to increase access to education for children from poor families. The Government further indicates that the Ministry of Interior has undertaken a campaign for the protection of children and their removal from the streets. Nonetheless, the Committee notes the Government’s statement that, despite some successful initiatives, the implementation of the National Strategy on Roma 2003 has been poor, and the Strategy’s objectives have not been successfully transmitted to local level institutions. However, the Committee notes that the Government acceded to the Roma Inclusion Decade in 2008 and that a National Action Plan for the implementation of the Roma Inclusion Decade was adopted on 28 October 2009. The Committee also 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 an action project entitled “Classes for alternative education and vocational training” was launched in 2009, and will continue until 2012. This action project targets children between 10–16 years of age from Roma and Egyptian communities in Elbasan, Berat and Korca, who are involved or at risk of trafficking and street work. It also notes the information in the ILO–IPEC TPR 2010 that the action programme entitled “Integrated programme on the elimination of the worst forms of child labour”, implemented in 2009, resulted in the withdrawal of 99 boys and 43 girls from work on the streets.

While noting the various measures undertaken by the Government, the Committee observes that Roma children remain at an increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to strengthen its efforts, within the framework of the new National Action Plan for the Roma Inclusion Decade, to ensure the protection of Roma children against worst forms of child labour, particularly trafficking, forced begging and work on the streets. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

Article 8. International cooperation. Trafficking. The Committee previously noted that the National Strategy and Plan of Action against Child Trafficking included several measures to cooperate at the international level in order to prevent child trafficking. It requested information on the impact of these measures.

The Committee notes the information in the Government’s report that it participates in a Transnational Referral Mechanism, which is a cooperation agreement between countries of the region with respect to cross-border transfer and care of victims of trafficking. This Mechanism facilitates cross-border cooperation and dialogue, for the rapid exchange of information regarding the identification, investigation and return of victims. The Committee also notes the information in the Government’s report that it is working with the International Organization on Migration to draft standard operational procedure for the clear division of obligations of parties for the improvement of the functioning of the National Referral Mechanism, and that cooperation with the Organization for Security and Co-operation in Europe has resulted in the provision of training to Regional Anti-Trafficking Committees. The Committee further notes the Government’s indication that it has signed an agreement with the Government of Greece on the return, rehabilitation and care for trafficked children. The Committee requests the Government to pursue its international cooperation efforts to combat inter-state trafficking of persons under 18. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

The Committee is raising other points in a request addressed directly to the Government.

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.

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

The Committee takes note of the communication of the International Trade Union Confederation (ITUC) dated 29 August 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee had observed the information provided by the Confederation of Trade Unions of Albania that there were children who fell victim to trafficking, sexual abuse and organized crime. It had also noted that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania, carried out under the supervision of the ILO–IPEC in 2003 (page 7), since the turn of the century, the reported number of children being trafficked across borders for labour and sexual exploitation had steadily increased in Albania. Moreover, 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, paragraphs 269–272), about 4,000 children had migrated unaccompanied by their parents (3,000 to Greece and 1,000 to Italy). These children were often exposed to numerous risks, including maltreatment, physical and sexual abuse and other illicit activities. The Committee had noted that section 128/b of the Penal Code, as amended by Law No. 9188 of 2004, prohibits the trafficking of minors for sexual exploitation, forced labour and slavery or any other form of exploitation. It had, therefore, observed that, although the trafficking of children for labour or sexual exploitation was prohibited by law, it remained an issue of concern in practice.

The Committee notes that, according to the Report of the UN Special Rapporteur on the sale of children, child prostitution and child pornography of 27 March 2006 (E/CN.4/2006/67/Add.2), although Albania has emerged since 2001 as a source country for persons trafficked for the purposes of sexual exploitation and forced labour, in recent years, due to the intervention of the Albanian and Greek authorities and the increased awareness of the population, trends indicate a decline in children who fall victim to trafficking for labour exploitation (paragraphs 10 and 15). It notes, with interest, that the Government adopted the National Strategy and Plan of Action for the Fight Against Child Trafficking and the Protection of Child Victims of Trafficking for the period 2005–07 (National Strategy and Plan of Action against Child Trafficking), which is part of the Albanian National Strategy and Action Plan for Combating Trafficking in Human Beings 2005–07. The National Strategy and Plan of Action against Child Trafficking, provided by the Government, focuses on:

(a)   preventing child trafficking;

(b)   enforcing the legal provisions prohibiting child trafficking;

(c)   providing child victims of trafficking with rehabilitative services and repatriating them to their countries of origin; and

(d)   coordinating anti-child trafficking actors at the national, international, governmental and non-governmental central and local levels.

In particular, measures to prevent child trafficking include:

(a)   law enforcement and border control aspects;

(b)   awareness raising on the risks of child trafficking and the importance of compulsory education;

(c)   setting up procedures to reintegrate into school or insert, in vocational training programmes, children who drop out of school and are at risk of being trafficked; and

(d)   training on the prevention of child trafficking for the police, prosecutors, educational and welfare personnel, at national and local levels.

With regard to the measures to enforce the legal provisions prohibiting child trafficking, these mainly concern the improvement of mechanisms of detection, prosecution and punishment of child traffickers. They include:

(a)   the exchange of information on suspected cases of child trafficking between law enforcement agencies and social services;

(b)   training of police officers, prosecutors and judges to deal with child trafficking prosecutions; and

(c)   implementing a witness protection approach towards child victims of trafficking.

The Committee requests the Government to provide information on the impact of the National Strategy and Plan of Action against Child Trafficking on eliminating the internal and cross-border trafficking of children under 18 years for labour and sexual exploitation. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for trafficking children under 18 years of age for labour or commercial sexual exploitation, as a result of the National Strategy and Plan of Action against Child Trafficking.

Article 5. Monitoring mechanisms. Inter-Ministerial Committee for the Fight against Trafficking in Human Beings and Anti-Trafficking Office. The Committee had previously observed that an Inter-Ministerial Committee for the Fight against Trafficking in Human Beings began functioning in January 2002. It notes that this Inter-Ministerial Committee, together with the Child Trafficking Working Group and various ministries, was responsible for the monitoring and implementation of the National Strategy and Plan of Action against Child Trafficking.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Strategy for Children. The Committee had previously observed that the National Strategy for Children (2001–05) defined the strategic objectives of the government policy and aimed at awareness raising with regard to the phenomenon of trafficking in children. It notes that, according to the Government report, the National Strategy for Children was extended for another five years (2005–10). It aims, amongst others, at combating child trafficking. The Committee requests the Government to provide information on the impact of the National Strategy for Children 2005–10 on eliminating the trafficking of children under 18 years of age for labour or commercial sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Following its previous comments, the Committee notes with interest that the National Strategy and Plan of Action against Child Trafficking contains various measures to protect and rehabilitate child victims of trafficking and reintegrate them in their communities. These measures include:

(a)   improving the capacity of the National Reception Centre for Victims of Trafficking to receive and accommodate child victims of trafficking;

(b)   improving the professional level of social welfare staff responsible for the reception of child trafficking victims;

(c)   providing rehabilitative services, including education, vocational training, and health services to child victims of trafficking;

(d)   preparing child victims of trafficking to return to their families, if appropriate; and

(e)   regulating and funding the “Assisted Voluntary Return” procedures for child victims of trafficking in coordination with neighbouring countries and other European destination or transit countries for child trafficking (especially Greece and Italy).

The Committee also notes that, in the framework of the Albanian National Strategy and National Action Plan for Combating Trafficking in Human Beings a “Cooperation Agreement to Establish a National Referral Mechanism for the Enhanced Identification of and Assistance to Victims of Trafficking” was signed between various ministries, the National Reception Centre for Victims of Human Trafficking, various NGOs and the IOM in Tirana. This agreement provides for various measures to identify, protect and rehabilitate child victims of trafficking and reintegrate them in their communities. The Committee requests the Government to provide information on the number of children under 18 years of age who have been withdrawn from trafficking for labour and commercial sexual exploitation and reintegrated in their communities, following the implementation of the National Strategy and Plan of Action Against Child Trafficking 2005–07, as well as the Cooperation Agreement to Establish a National Referral Mechanism for the Enhanced Identification of and Assistance to Victims of Trafficking.

Clause (d). Identifying and reaching out to children at special risk. Street children and child beggars. Following its previous comments, the Committee notes the ITUC’s allegations that research conducted in 2007 on child begging in the towns of Tirana, Elbasan and Korca in Albania and in Thessaloniki in Greece, where Albanian children are also known to beg, showed that significant numbers of Albanian boys and girls are affected by begging. The research suggests that begging, whether forced or not, starts at a young age, as early as 4 or 5 years. The ITUC also indicates that the research identified a number of interrelated causes of child begging in Albania, including poverty and discrimination. All of the child beggars interviewed during the research came from the Roma or Egyptian communities. The ITUC therefore recommends that practical steps be undertaken to address the root causes of begging, particularly discrimination on the grounds of ethnicity and poverty. The ITUC also urges the Government to provide an effective child protection safety net; assist children who work on the streets to overcome barriers to education and help them re-enter the school system; introduce and support programmes to reduce the poverty and inequality faced by Roma and Egyptian communities; and consider reducing the “demand” for child begging through discouraging people from giving to children who beg.

The Committee further notes that, according to the report of the UN Special Rapporteur on the sale of children, child prostitution and child pornography of 27 March 2006 (E/CN.4/2006/67/Add.2, paragraph 56, page 15), the most visible form of child labour in Albania is street work. Children working on the streets are mainly boys employed in small trade and services, transport and street construction. Girls are used for begging and washing cars. It notes that one of the target groups of the Strategic Framework for Action on Child Labour in Albania, developed in the framework of the ILO–IPEC Programme “Development of a national programme on elimination of child labour in Albania”, is children who work on the streets.

The Committee notes the Government’s information that exploitation of children in the streets of Albania has been favoured by the lack of a national mechanism for the protection of children, the poor enforcement of the right to education for all children and the insignificant punishment of child exploiters. In this regard, both the Government and the ITUC indicate that, in January 2008, the Criminal Code was amended to include the exploitation of children for begging as a separate criminal offence. Furthermore, in May 2008, the Ministry of Labour, Social Affairs and Equal Chances drafted a framework law for the protection of children’s rights which aims at regulating the national mechanism for child protection. The Government also indicates that, on 30 July 2008, Decision No. 1104 of the Council of Ministers endorsed the policy document on the “Custody of children in need”, which comprises an important platform for the application of new alternative services for children in need, including children forced into labour, by placing these children in foster families when the parents cannot exert their parental responsibilities. In this context, the Committee requests the Government to indicate how far the policy of criminalizing the exploitation of children for begging and the policy of finding foster families for children lead to the separation of Roma and Egyptian children from their families and prevents the reintegration of those children with their families.

The Committee further notes that Children’s Rights Protection Units, established in nine municipalities, identify children who need protection, including street children and manage those situations with the assistance of a multidisciplinary team by conducting evaluations of the children identified and their families and coordinating the protection of these cases. The Government also indicates that work has been done to strengthen the Community Advisory Groups in the Roma and Egyptian communities in order to prevent child exploitation and serve as referral systems for the protection of children. Finally, the Committee notes the Government’s information that, since September 2007, all unregistered Roma children can attend schools across the country and that, in the meantime, a special strategy for Roma children has been drafted and is being implemented.

The Committee expresses its deep concern at the grave situation of children begging on the streets in Albania. It considers that children living or working on the streets are particularly exposed to the worst forms of child labour. The Committee requests the Government to provide information on the number of children found working in the streets and then rehabilitated and integrated as a result of the “Custody of children in need” programme, the Children’s Rights Protection Units and  the Community Advisory Groups. It also requests the Government to supply a copy of the special strategy for Roma children and to provide information on the impact of this strategy for Roma children from working in the streets. Finally, the Committee requests the Government to provide information on the infringements reported with regard to the new penal provision on the prohibition of the exploitation of children for begging as well as on the number of prosecutions, convictions and penalties applied.

Article 8. International cooperation. Following its previous comments, the Committee notes that the National Strategy and Plan of Action against Child Trafficking provides for measures to cooperate at the international and regional levels in order to prevent child trafficking. These measures involve:

(a)   reviewing relevant bilateral law enforcement agreements between Albania and countries of the region for combating child trafficking;

(b)   negotiating new cooperation agreements with neighbouring countries with a view to detecting trafficked children and sharing data on child trafficking;

(c)   intensifying cross-border cooperation against trafficking with the border police of neighbouring countries; and

(d)   cooperating with the national child protection structures, international organizations and NGOs in countries of destination of trafficked children.

The Committee asks the Government to provide information on the impact of these measures on combating the cross-border trafficking of children for labour and sexual exploitation.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the National Strategy and Plan of Action against Child Trafficking 2005–07 provides for the creation of a comprehensive and coordinated system for collecting, analysing and disseminating data on child trafficking. In view of the recent creation of a comprehensive and coordinated system for collecting, analysing and disseminating data on child trafficking, the Committee requests the Government to provide a copy of available data on the trafficking of children under 18 years of age for labour and sexual exploitation.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (a).  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.

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. 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 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.

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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee observes the information provided by the Confederation of Trade Unions of Albania that “there are children that fall victims of trafficking, organ transplant, sexual abuses, organized crime and other abuses in the family”. While noting the absence of information in the Government’s report on this point, the Committee notes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania, carried out under the supervision of ILO/IPEC in 2003 (page 7), since the turn of the century, the reported number of children being trafficked across borders for labour and sexual exploitation has steadily increased in Albania. 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, paragraphs 269-272), on the basis of the incomplete statistics available with the Equal Opportunity Committee, about 4,000 children have immigrated unaccompanied by their parents (3,000 to Greece and 1,000 to Italy). These children found in other countries, away from the family and its care, are often exposed to numerous risks, including maltreatment, physical and sexual abuse, and involvement in evil forms of work, traffic and other illicit activities. There are cases where children are sold out by their parents, or are exploited by criminal networks for reasons of profit. In the vast majority of cases, the trafficked children live under deplorable conditions. They are appointed to heavy jobs, work long hours and are paid a minimum wage enough to keep them going. The Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.249 of 28 January 2005, paragraphs 66‑67) noted that the departure of children from Albania to neighbouring countries is a significant problem and recommended to the Government to strengthen its efforts in this area.

The Committee observes that Law No. 9188 was adopted on 12 February 2004, which amended the Penal Code by adding provisions concerning the trafficking of persons. The new section 128/b of the Penal Code prohibits the trafficking of minors defined as the “recruitment, transport, transfer, sequestration of minors with the aim of exploitation of prostitution or any other form of sexual exploitation, of forced labour or services, slavery or any other form similar to slavery, of the provision or transplantation of the organs of the body, or any other form of exploitation”.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee asks the Government to provide information on progress made in this regard.

Article 5. Monitoring mechanisms. Inter-Ministerial Committee for the Fight against Trafficking in Human Beings and Anti-Trafficking Office. The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 17), an inter-Ministerial Committee for the Fight against Trafficking of Human Beings began functioning in January 2002. It also notes that an anti-trafficking office has been established in the Ministry of Public Order including a unit relating to the trafficking of children. The Committee requests the Government to provide information on the activities of these bodies aimed at combating the trafficking of children and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Strategy for Children (2001-05). The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 16), the National Strategy for Children (2001-05) has been approved, which defines the strategic objectives of the government policy and aims at awareness-raising with regard to the phenomenon of trafficking in children. It also provides for setting up municipal and communal structures for the treatment of children at risk, improving legislation concerning children and coordinating actions of central and local governments, international organizations and NGOs for preventing and combating trafficking. The Committee 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 11) welcomed the approval of the National Strategy for Children for 2001-05. However, it was concerned at the lack of the necessary structures, financial and human resources for its implementation. The Committee encourages the Government to redouble its efforts to combat child trafficking. It requests the Government to continue providing information on the concrete measures taken to implement the National Strategy for Children.

2. National Strategy to Combat Trafficking in Human Beings. The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 16), the National Strategy to Combat Trafficking in Human Beings was approved in December 2001 as a medium-term strategy, covering three years, aimed at increasing public awareness and improving the legal framework with regard to preventive measures as well as direct assistance to the victims. This Strategy includes a National Plan of Action listing concrete actions against trafficking and indicating the responsible institutions. The Committee requests the Government to provide more detailed information on the achievements and impact of this Strategy and Plan of Action on combating trafficking in children.

3. Strategy for the Development of Social Services and Strategy for Employment and Vocational Training. The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania, the Strategy for the Development of Social Services and the Strategy for Employment and Vocational Training were approved in 2003. These strategies aim at improving the economic and social conditions in Albania and mitigating the major causes of trafficking: poverty and unemployment. The Committee requests the Government to provide information on the implementation of these strategies.

Article 7, paragraph 2. Effective and time-bound measures. 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 that the Government signed a Memorandum of Understanding with ILO/IPEC in 1999. The activities of ILO/IPEC in Albania involve the issues of prevention of child labour, withdrawal and rehabilitation of those already in intolerable situations. Children’s clubs for working children and children at risk have been established in the premises of primary schools in Tirana, Shkodra, Korca Berat and Elbasan. Recreational activities and non-formal education are provided to 650 working children and children at risk. The Committee also notes that, according to the Government’s initial report to the Human Rights Committee submitted under Article 40 of the International Covenant on Civil and Political Rights (CCPR/C/ALB/2004/1 of 16 February 2004, paragraph 584), the Ministry of Labour and Social Affairs, in collaboration with International Organization for Migration (IOM) and the Ministry of Public Order, has established a hosting centre in Linza, Tirana intended for the hosting of child victims of trafficking. It further notes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 37), International Social Service (ISS) of Albania in collaboration with ISS Italy has a project supporting unaccompanied minors. ISS has experience treating problems related to abandoned unaccompanied children who are exposed to trafficking; from 1992 to the end of 2002, ISS intervened in 4,457 cases. When possible, they facilitate the return of the child and then take measures toward reintegration. The Committee asks the Government to continue to provide information on effective and time-bound measures taken to eliminate the trafficking of children for labour and sexual exploitation and the results achieved.

Article 8. 1. International cooperation. The Committee notes that Albania is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Albania ratified in 2002 the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking.

2. Regional cooperation. The Committee notes that ILO/IPEC launched a subregional programme entitled “Prevention and Reintegration Programme to Combat Trafficking of Children for Labour and Sexual Exploitation in the Balkans and Ukraine”, focusing on Albania, Romania, Republic of Moldova and Ukraine. The Committee asks the Government to provide information on the concrete measures taken to implement this programme as well as their impact on combating the cross-border trafficking of children for labour and sexual exploitation.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on the trafficking of children for labour and sexual exploitation, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the extent and trends of this form 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee is also addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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). Sale and trafficking of children. The Committee observes the information provided by the Confederation of Trade Unions of Albania that "there are children that fall victims of trafficking, organ transplant, sexual abuses, organized crime and other abuses in the family". While noting the absence of information in the Government’s report on this point, the Committee notes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania, carried out under the supervision of ILO/IPEC in 2003 (page 7), since the turn of the century, the reported number of children being trafficked across borders for labour and sexual exploitation has steadily increased in Albania. 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, paragraphs 269-272), on the basis of the incomplete statistics available with the Equal Opportunity Committee, about 4,000 children have immigrated unaccompanied by their parents (3,000 to Greece and 1,000 to Italy). These children found in other countries, away from the family and its care, are often exposed to numerous risks, including maltreatment, physical and sexual abuse, and involvement in evil forms of work, traffic and other illicit activities. There are cases where children are sold out by their parents, or are exploited by criminal networks for reasons of profit. In the vast majority of cases, the trafficked children live under deplorable conditions. They are appointed to heavy jobs, work long hours and are paid a minimum wage enough to keep them going. The Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.249 of 28 January 2005, paragraphs 66-67) noted that the departure of children from Albania to neighbouring countries is a significant problem and recommended to the Government to strengthen its efforts in this area.

The Committee observes that Law No. 9188 was adopted on 12 February 2004, which amended the Penal Code by adding provisions concerning the trafficking of persons. The new section 128/b of the Penal Code prohibits the trafficking of minors defined as the "recruitment, transport, transfer, sequestration of minors with the aim of exploitation of prostitution or any other form of sexual exploitation, of forced labour or services, slavery or any other form similar to slavery, of the provision or transplantation of the organs of the body, or any other form of exploitation".

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. The Committee asks the Government to provide information on progress made in this regard.

Article 5. Monitoring mechanisms. Inter-Ministerial Committee for the Fight against Trafficking in Human Beings and Anti-Trafficking Office. The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 17), an inter-Ministerial Committee for the Fight against Trafficking of Human Beings began functioning in January 2002. It also notes that an anti-trafficking office has been established in the Ministry of Public Order including a unit relating to the trafficking of children. The Committee requests the Government to provide information on the activities of these bodies aimed at combating the trafficking of children and on the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Strategy for Children (2001-05). The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 16), the National Strategy for Children (2001-05) has been approved, which defines the strategic objectives of the government policy and aims at awareness-raising with regard to the phenomenon of trafficking in children. It also provides for setting up municipal and communal structures for the treatment of children at risk, improving legislation concerning children and coordinating actions of central and local governments, international organizations and NGOs for preventing and combating trafficking. The Committee 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 11) welcomed the approval of the National Strategy for Children for 2001-05. However, it was concerned at the lack of the necessary structures, financial and human resources for its implementation. The Committee encourages the Government to redouble its efforts to combat child trafficking. It requests the Government to continue providing information on the concrete measures taken to implement the National Strategy for Children.

2. National Strategy to Combat Trafficking in Human Beings. The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 16), the National Strategy to Combat Trafficking in Human Beings was approved in December 2001 as a medium-term strategy, covering three years, aimed at increasing public awareness and improving the legal framework with regard to preventive measures as well as direct assistance to the victims. This Strategy includes a National Plan of Action listing concrete actions against trafficking and indicating the responsible institutions. The Committee requests the Government to provide more detailed information on the achievements and impact of this Strategy and Plan of Action on combating trafficking in children.

3. Strategy for the Development of Social Services and Strategy for Employment and Vocational Training. The Committee observes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania, the Strategy for the Development of Social Services and the Strategy for Employment and Vocational Training were approved in 2003. These strategies aim at improving the economic and social conditions in Albania and mitigating the major causes of trafficking: poverty and unemployment. The Committee requests the Government to provide information on the implementation of these strategies.

Article 7, paragraph 2. Time-bound and effective measures. 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 that the Government signed a Memorandum of Understanding with ILO/IPEC in 1999. The activities of ILO/IPEC in Albania involve the issues of prevention of child labour, withdrawal and rehabilitation of those already in intolerable situations. Children’s clubs for working children and children at risk have been established in the premises of primary schools in Tirana, Shkodra, Korca Berat and Elbasan. Recreational activities and non-formal education are provided to 650 working children and children at risk. The Committee also notes that, according to the Government’s initial report to the Human Rights Committee submitted under Article 40 of the International Covenant on Civil and Political Rights (CCPR/C/ALB/2004/1 of 16 February 2004, paragraph 584), the Ministry of Labour and Social Affairs, in collaboration with International Organization for Migration (IOM) and the Ministry of Public Order, has established a hosting centre in Linza, Tirana intended for the hosting of child victims of trafficking. It further notes that, according to the Rapid Assessment of Trafficking in Children for Labour and Sexual Exploitation in Albania (page 37), International Social Service (ISS) of Albania in collaboration with ISS Italy has a project supporting unaccompanied minors. ISS has experience treating problems related to abandoned unaccompanied children who are exposed to trafficking; from 1992 to the end of 2002, ISS intervened in 4,457 cases. When possible, they facilitate the return of the child and then take measures toward reintegration. The Committee asks the Government to continue to provide information on effective and time-bound measures taken to eliminate the trafficking of children for labour and sexual exploitation and the results achieved.

Article 8. 1. International cooperation. The Committee notes that Albania is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Albania ratified in 2002 the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking.

2. Regional cooperation. The Committee notes that ILO/IPEC launched a subregional programme entitled "Prevention and Reintegration Programme to Combat Trafficking of Children for Labour and Sexual Exploitation in the Balkans and Ukraine", focusing on Albania, Romania, Republic of Moldova and Ukraine. The Committee asks the Government to provide information on the concrete measures taken to implement this programme as well as their impact on combating the cross-border trafficking of children for labour and sexual exploitation.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on the trafficking of children for labour and sexual exploitation, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the extent and trends of this form 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

The Committee is also addressing a direct request to the Government concerning other detailed points.