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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Albania (Ratification: 2001)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee notes the Government’s report dated 22 March 2018 as well as the detailed discussion which took place at the 104th Session of the Conference Committee on the Application of Standards in June 2015, concerning the application by Albania of the Convention.

Article 3(a) of the Convention. Sale and trafficking of children for commercial sexual exploitation. The Committee previously noted the Government’s legislative and programmatic measures to protect children from trafficking, including the adoption of Act No. 144 of 2013, which modified the Penal Code to increase the penalties for crimes against children, including crimes related to trafficking as well as the measures taken in the framework of the National Anti-Trafficking Strategy, including the establishment of standard operating procedures on the identification and referral of victims and potential victims of trafficking. The Committee, however, noted that the Committee on the Rights of the Child expressed serious concern that Albania continued to be a source country for children subjected to sex trafficking and noted the lack of available data concerning these children.

The Committee notes that the Conference Committee urged the Government to effectively enforce anti-trafficking legislation, take measures for its effective implementation in practice and to provide information on the progress to the Committee of Experts in this regard, including the number of investigations, prosecutions, convictions and penal sanctions applied.

The Committee notes that the Government’s report does not contain any information on the investigations, prosecutions or convictions made with regard to cases of trafficking of children under 18 years. Instead, it refers to the statistical data from the Ministry of Internal Affairs which indicated that 16 girls were identified as subject to sex trafficking in 2016. The Committee, however, notes the information contained in the report submitted by the Government in June 2017, on the measures taken to comply with the Committee of the Parties Recommendation on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (Government’s Report on the Council of Europe Convention, 2017) indicating that in 2016, the Border and Migration Police identified 15 potential victims of trafficking, out of which 11 were minors. Moreover, during January 2016 to April 2017, the 26 field units created in the territory within the framework of the cooperation agreement on the “Identification and protection of children in street situation” signed between the Ministry of Social Welfare and Youth (MoSAY); the Ministry of Internal Affairs, and the Ministry of Education and Sports, identified approximately 580 children in street situation, out of which two were identified as victims of trafficking and five as potential victims of trafficking. The Committee also notes from the Government’s Report on the Council of Europe Convention, 2017 that pursuant to the MOU between the National Anti-trafficking Coordinator, State Police and General Prosecutor for the “Establishment of the Task Force for integrated analysis of the non-initiated and dismissed cases of human trafficking”, a Task Force has been established. The Government further indicates that this Task Force is currently analysing a number of cases of trafficking in persons and a report along with recommendations to improve the investigation will be prepared. The Committee notes, however, that the Committee on the Elimination of Discrimination against Women, in its concluding observations of July 2016, noted with concern that the State party remains a source and destination country for trafficking in women and girls, especially trafficking linked to tourism in coastal areas and the lack of information about the number of reports, prosecutions and convictions in cases of trafficking (CEDAWC/ALB/CO/4, paragraph 24). While noting the measures taken by the Government in combating trafficking in persons, the Committee urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions are carried out in respect of persons who engage in the trafficking of children, and that sufficiently effective and dissuasive penalties are imposed. In this regard, the Committee requests the Government to take the necessary steps to strengthen the capacities of the law enforcement bodies to combat the sale and trafficking of children under 18 years of age, including by taking into consideration the findings and recommendations of the Task Force to improve investigation. It further requests the Government to provide detailed information on the number of investigations, prosecutions, convictions and criminal penalties imposed in cases related to trafficking of children.

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. Children from Roma and Egyptian communities. In its previous comments, the Committee noted the various measures taken by the Government to enhance the opportunities for Roma children to attend education, including the Action Plan for Children (2012–15) and the Action Plan for the Decade of Roma Inclusion (2010–15), both of which aim to, among others, register and increase the attendance and participation of Roma children in kindergarten and compulsory education. It also noted the various legislative and institutional reforms that have been carried out concerning the admission and attendance of Roma children, as well as its programme of cooperation with UNICEF to provide incentives to Roma children to attend school. It noted, however, from the 2012 assessment report carried out by the National Inspectorate of Pre-University Education (IKAP), with UNICEF assistance, on the implementation of the “The Second Chance” programme that despite the Government’s programmes to increase school attendance, the number of Roma children who attended school remained at very low figures.

The Committee notes the Government representative’s indication to the Conference Committee that an action plan to protect children from all forms of abuses have been formulated with main focus on training and raising awareness of the public and civil society organizations on child labour. Further, under the coordination of the State Agency for Child Rights Protection, a regional action plan was adopted, and several activities to increase the enrolment of children in schools have been implemented. The Committee notes that the Conference Committee urged the Government to continue to remove 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 as well as to continue taking measures to stop trafficking and the practice of forced begging on the streets.

The Committee notes the Government’s information that within the framework of the “School, a community center – a friendly school for everyone” initiative, a number of measures have been taken to reduce the phenomenon of dropping out of school and improving the educational situation of Roma and Egyptian communities and other vulnerable categories. Moreover, the Ministry of Education and Sports has supported projects for education of Roma and Egyptian children, including through facilitating their enrolment in schools without birth certificates, and the provision of free text books and scholarships for children of unemployed parents. According to the Government’s report, in the 2015–16 school year, about 7,424 Roma children attended pre-university education; and in 2016–17, about 350 Roma and Egyptian pupils benefitted from the scholarships and free-meals quota. The Committee also notes from the 2015 Report on the Implementation of the National Action Plan for Children (2012–15), that within the framework of the National Action Plan for the Decade of Roma Inclusion 2009–15, during the year 2014–15, 5,766 Roma children were enrolled in undergraduate education, including 4,437 children in primary education. It further notes that the Government adopted the National Action Plan for Integration of Roma and Egyptian Communities 2015–20, with the aim of increasing access to public services for Roma and Egyptians by eliminating barriers and ensuring inclusive education, civil registration and access to health and social services, better employment, and improved housing situation resulting in their overall integration. The Committee notes from the document of this National Action Plan that 33.9 per cent of Roma population are under 14 years of age and should be therefore attending school. However, many children are never enrolled, and the drop-out rates are high. Furthermore, it has been estimated that about 53 per cent of Roma and 16 per cent of Egyptians over 6 years of age do not finish the first grade. While noting the measures taken by the Government, the Committee strongly encourages it to intensify its efforts, including through the effective implementation of the National Action Plan for Integration of Roma and Egyptian Communities 2015–20, to facilitate access to education of children in the Roma and Egyptian Communities so as to prevent them from engaging in the worst forms of child labour. It also requests the Government to continue to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates of children from Roma and Egyptian communities.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes the Government’ information that within the framework of the cooperation agreement on the “Identification and protection of children in street situation”, various services are provided to families with children in street situations, including registration of each child in the National register of Civil Registry; enrolment in schools; employment of parents; placement in the social care institutions and referral for attendance at day-care centers for children. It also notes the Government’s indication that the implementation of the action plans within this cooperation agreement has led to the identification of 578 children in street situation, of which 431 such cases were managed by the Child Protection Units (CPU), including the enrolment of 234 children in schools. The Government report further indicates that the “School, a community center – a friendly school for everyone” initiative, which aims to increase the cooperation and improve the school-family-community partnership in order to develop the full potential of every pupil in all vulnerable categories, has been extended to 222 schools nationwide. The Committee also notes the Government’s information in its report under the Minimum Age Convention, 1973 (No. 138), that on 12 April 2018, the State Agency for the Protection of Children’s Rights, in cooperation with the Municipality of Tirana organized an awareness-raising programme on the protection of street children.

The Committee further notes from the report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Albania, drafted by the Group of Experts on Action against Trafficking in Human Beings and published in June 2016 (GRETA) that a Task Force was set up in Tirana, comprising of the representatives from the Ministry of Interior (MoI), MoSAY, the office of the National Anti-Trafficking Coordinator, the National Agency for the Protection of Children’s Rights and the Tirana regional Police Directorate and the social services to identify and protect children from street situations. Moreover, an initiative entitled “Help for Families and Children in street situations” was also set up by the MoI and the MoSAY with a view to provide interdisciplinary support for children in the streets (paragraph 61). The Committee encourages the Government to continue taking measures to protect children living and working on the streets from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.