Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (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.