Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Albanie (Ratification: 1957)

Communication of repealing texts. The Committee has previously noted the Government’s statements that Decree No. 1669 of 13 May 1953 and Decree No. 1781 of 14 December 1953 (which permitted the imposition of corrective labour on workers by administrative decision), as well as Decree No. 747 of 30 December 1949 (concerning the exaction of labour for road works), had been repealed. The Committee notes that, in its latest report, the Government again indicates that these texts have been repealed following the entry into force of new legislation and the Labour Code Act No. 7961 of 12 July 1995. The Committee trusts that, with its next report, the Government will send copies of the texts repealing the abovementioned Decrees Nos 747, 1669 and 1781.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee has noted the National Strategy on Combating Trafficking in persons and the National Action Plan for 2005–07. It notes the statistics provided by the Government on the number of people arrested for trafficking and convicted in 2009, as well as the number of victims of trafficking who have sought protection centres. The Committee also notes the National Strategy to combat the trafficking of children and to protect child victims of trafficking which was adopted for 2008–10. The Committee requests the Government to continue to provide information on legal action taken against traffickers and on the penalties imposed on them. It also requests the Government to provide more detailed information on the practical measures undertaken to prevent, suppress and punish trafficking in human beings, together with copies of the relevant reports and court decisions. It further requests the Government to send a copy of the National Strategy and Action Plan currently in force.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. In its previous comments, the Committee has observed that it follows from the wording of sections 24(4) and 25(3) of Act No. 9171 of 22 January 2004 that a request by career military personnel to resign their commission may be accepted or denied, without any reason being given for accepting or denying the request. In its report the Government indicates that, in practice, such requests are accepted if the grounds invoked are for serious reasons – essentially relating to financial or health consideration.

Referring to the explanations provided in paragraphs 46 and 96 of its General Survey of 2007 on the eradication of forced labour, the Committee recalls once again that career military personnel who have enlisted voluntarily in the armed forces should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with prior notice, irrespective of the reason invoked. The Committee therefore expresses the firm hope that steps will be taken to amend the above provisions in order to ensure that career military officers and other categories of military personnel have the right to resign their commission in time of peace subject to reasonable notice. Pending the adoption of such steps, the Committee again requests the Government to indicate the number of resignations that have been requested under sections 24–25 of the abovementioned Act, as well as the number of such requests that have been denied and the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. In its earlier comments, the Committee has noted that participation in public works, as governed by Act No. 8104 of 28 March 1996, has been made compulsory not only for members of families receiving financial assistance from the State but also for all persons covered by unemployment benefits schemes, under the menace of the benefits being suspended in the event of refusal. The Committee has requested the Government to indicate whether, in order to be entitled to such benefits, the recipients are required to have worked or to have contributed to existing unemployment insurance schemes for some minimum period of time, and whether the length of time they are entitled to such benefits is linked to the length of time they have worked or contributed to the scheme. In its report, the Government states that, under Albanian law, persons who have contributed towards a social security scheme for at least 12 months and are still registered with the employment offices as jobseekers are entitled to unemployment benefits. It states further that public works programmes for jobseekers are essentially aimed at poor families from rural areas, which the programmes have enabled to increase their monthly earnings and escape the spiral of the informal economy and illegal employment. People who refuse to take part in an employment programme set up by the employment offices without providing a valid reason do not receive unemployment benefits or may have their unemployment benefits suspended for the duration of the programme.

The Committee notes these explanations. It observes that, although such public works may have an economic objective and be aimed at the weaker elements of society, they are nonetheless compulsory, and a refusal to engage in such work is punished by the suspension of unemployment benefits. On this matter, the Committee refers to its 2007 General Survey concerning the eradication of forced labour, in which it considered that, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, and where the length of time during which benefits are paid is linked to the length of time the person concerned has worked, the further requirement that persons perform work would constitute the imposition of compulsory labour under the threat of losing the benefits to which they are entitled. The Committee expresses the hope that the Government will take the necessary action to bring the legislation into conformity with the Convention on this point. It also requests the Government to provide information on the application in practice of the above legislation concerning participation in public works, together with copies of reports and other relevant documents.

Article 2(2)(c). Work of prisoners for private enterprises. In its previous comments, the Committee has noted that, under section 34 of Act No. 8328 of 16 April 1998 concerning the rights and treatment of prisoners, convicts other than disabled persons, pregnant women, persons who fulfil the conditions for retirement and other persons unable to perform labour for health reasons are obliged to work in prison. It also noted that, under section 35 of Act No. 8328 and article 82 of the General Prison Rules, the working conditions of prisoners should be assimilated to those of free workers and are governed by the Labour Code and social security legislation. In its latest report, the Government states that a new set of General Prison Rules has been adopted (Council of Ministers Decision No. 303 of 25 March 2009 concerning general prison rules, as amended by Decision No. 187 of 17 March 2010). It points out that article 83(4) stipulates that prisoners may enter into a contract with a national or foreign legal entity for work to be performed inside or outside the penitentiary, subject to the approval of the director of the establishment. Article 88(6) further stipulates that such work contracts may not provide for less favourable conditions than those guaranteed to free workers. However, the Government specifies that there are not currently any instances of prisoners working for private enterprises inside or outside any prison establishments, and that the General Directorate of Prisons is in the process of negotiating the implementation of prison employment projects with national and foreign legal entities.

The Committee notes this information. It requests the Government to send a copy of the new General Prison Rules as well as details regarding its implementation. It also requests the Government to provide information on the outcome of the negotiations being conducted between the General Directorate of Prisons and national and foreign legal entities regarding the implementation of prison employment projects.