Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Albanie (Ratification: 1997)

Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee previously expressed concern regarding the potentially discriminatory effect of a “lustration” law, (screening act), Law No. 8043 of 30 November 1995, which may have amounted to discrimination based on political opinion, but most of the provisions of which expired on 31 December 2001. The Committee notes the adoption of a new “lustration” law, Law No. 10034, which entered into force on 30 January 2009, and provides for the exclusion of persons who had certain duties under the previous regime from serving in a broad range of public functions. On 16 February 2009, the Constitutional Court of Albania suspended the application of the Law pending a decision of its constitutionality. On 20 February 2009, the Court asked the Venice Commission of the Council of Europe to give an amicus curiae opinion on the Law. The Venice Commission found that there were several aspects of the Law that could interfere disproportionately with the right to stand for election, the right to work and the right to access to the public administration (Opinion No. 524/2009, paragraph 161). The Venice Commission also noted the fact that the objective and personal scope of application of this Law was very broad and imprecise, while it left little or no room for consideration of each case individually (paragraph 152). The Committee asks the Government to indicate the current status of Law No. 10034 of 2009, and to indicate how it is ensured that there is protection against discrimination in employment and occupation based on political opinion. The Committee also asks the Government to provide information on the practical application of this Law, if it is currently in force, including the following:

• (i) the extent to which individual consideration is given in the process of verifying incompatibility of functions when a candidate assumed duties listed under section 4 of the Law;
• (ii) the number of persons who have been dismissed , or excluded from being a candidate for, or employed in, the posts and professions listed under section 3 of the Law; and
• (iii) any judicial decisions given concerning the application of the Law, including by the Constitutional Court.

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