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

Abolition of Forced Labour Convention, 1957 (No. 105) - Albania (Ratification: 1997)

Other comments on C105

Direct Request

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established system. In its previous comments, the Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

– section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
– section 267 (propagating false information or false news, in words or in writing).

The Committee takes note of the information provided by the Government in its report on the application of section 262 of the Criminal Code, which includes decision No. 1500 of 11 June 2019 of the Tirana Judicial District court. The Committee observes that, in this decision, the Court conducted an in-depth analysis of the scope of the right of assembly, as well as of the necessary elements that qualify an illegal gathering and could entail criminal responsibility under section 262 of the Criminal Code. The Committee also notes that the Constitutional Court of the Republic of Albania, in its decision No. 24 of 5 May 2021, repealed the requirement to obtain prior permission of the competent authority for organizing public assembly in section 262 of the Criminal Code. The Government further indicates that, for the period 2020-2021, three court cases were registered under section 262 of the Criminal Code.

With respect to the application of section 267 of the Criminal Code, the Committee notes the Government’s indication that no court cases were registered under this provision in 2021.