Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously noted the actions taken to strengthen the legal and institutional framework to combat trafficking in persons, and in particular the relevant provisions of the Penal Code (sections 110a (trafficking of adults), 110b (benefit from or use of services provided by trafficked persons), and 110c (actions facilitating trafficking)); the adoption of the National Strategy on Combating Trafficking in Persons for 2014-2017; and the activities of the National Anti-trafficking Coordinator. The Committee requested the Government to provide information on the assessment of the implementation of the National Strategy as well as on the investigations and prosecutions carried out against persons engaged in trafficking in persons.

The Committee notes the Government’s indication in its report concerning the adoption of the National Action Plan on the fight against trafficking in persons for 2018-2020, which aims at strengthening the mechanism of identification, protection and reintegration of victims of trafficking and at raising awareness about trafficking in persons and its consequences. The Committee further observes from the Government’s website of the Electronic register for public notifications and consultations that a draft action plan on the fight against trafficking in persons for 2021–2023 is under elaboration. The Committee requests the Government to provide information on the measures taken under the National Action Plan for 2018-20 as well as on any assessment of the results achieved and on any obstacles encountered in its implementation. Please also provide information on the adoption and implementation of a new action plan.

2. Law enforcement. In relation to prosecution, the Government indicates that trafficking in persons cases committed by criminal organizations are now investigated and prosecuted by the Special Prosecution Office against Corruption and Organized Crime. Such cases are tried before the Special Court of First Instance for Corruption and Organized Crime established by the High Judicial Council’s Decision No. 286 of 18 December 2019. The Government further indicates that trafficking in persons cases not committed by criminal organizations are dealt with by the prosecution offices of general jurisdiction and district courts. The Government also refers to various regulations and instructions issued by the General Prosecutor's Office to ensure effective investigation and adequate assistance to victims of trafficking, as well as training activities on prevention and combating internal and cross-border trafficking in persons conducted for law enforcement bodies. The Government also indicates that, under section 110(a) of the Penal Code, in 2019, 19 cases involving eight defendants were registered and two cases involving four defendants were sent to court. In 2020, 23 cases involving eight defendants were registered and one case with one defendant was tried before the court. While noting the various measures taken to combat trafficking in persons, the Committee requests the Government to pursue its efforts to ensure that cases of trafficking in persons are identified, and that investigations and prosecutions are carried out. The Committee further requests the Government to continue to provide information on the measures taken in this regard, including on training, capacity building, and cooperation of law enforcement bodies. It also requests the Government to provide information on the number of investigations carried out, convictions and penalties imposed for violation of sections 110a, 110b, and 110c of the Penal Code.

3. Identification and protection of victims. In its previous comments, the Committee noted the information on the functioning of the three shelters and other centres for victims of trafficking as well as the types of social services and assistance provided to them. It also noted the increase in the number of victims of trafficking who had received assistance due to the better application of the standard operating procedures for the identification and referral to assistance of victims.

The Committee notes the information provided by the Government concerning the measures taken to provide better assistance to victims of trafficking in criminal proceedings. In particular, the Government refers to the creation of the post of victim coordinator in all prosecution offices of general jurisdiction who inform victims about their rights and facilitate access to social services. The Government further indicates that it has adopted employment promotion measures to facilitate access of victims of trafficking to employment programs. The Committee also notes that the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its 2019 concluding observations, expressed concern about insufficient measures taken, particularly, in the areas of support for and identification, protection, referral, rehabilitation and social integration of victims of trafficking (CMW/C /ALB/CO/2, paragraph 69 a). In addition, in its 2019 concluding observations, the United Nations Committee on the Elimination of Racial Discrimination expressed concern that Roma and Egyptian women and children are disproportionately represented among victims of trafficking, particularly for the purposes of sexual and labour exploitation, as well as forced begging (CERD/C/ALB/CO/9-12, paragraph 29). The Committee requests the Government to strengthen its efforts to ensure that cases of trafficking, both for labour and sexual exploitation, are adequately identified and that appropriate protection and assistance is provided to victims, paying special attention to children and women from the Roma and Egyptian communities, as well as other vulnerable groups. The Committee requests the Government to provide detailed information on the number of victims identified and the types of assistance and services provided.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, according to sections 25(1)(d) and 26(1)(ç) of the Act No. 59 of 2014 on Military Career in the Armed Forces of the Republic of Albania, members of career military personnel may apply for resignation to the competent body; and, in the absence of a reply within three months, the application to resign is considered as accepted. Observing that the application to resign may be refused, the Committee requested the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period.

The Committee notes from the information provided by the Ministry of Defence, that, in 2020, out of 425 requests, six members of military personnel were refused to resign; whereas, in 2021, the resignation of three members of military personnel was refused (out of 129 applications to resign). The Committee recalls again that career members of the armed forces, who have voluntarily engaged 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 previous notice. Therefore, the Committee requests the Government to ensure that in practice members of the armed forces are entitled to resign in peacetime within a reasonable period and to provide information on the number of applications to resign submitted under sections 25 and 26 of the Law No. 59 of 2014, the number of refusals and the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. Further to its previous request, the Committee takes due note of the Government’s indication that the Act No. 7933 of 1995 on Public Works, which allowed the suspension of unemployment insurance benefits in case of refusal to take part in public works programmes, is not in force. The Committee further observes that, according to section 4(6)(c) of the Act No. 146/2015 on Jobseekers, a person loses his/her status as a jobseeker and his/her unemployment benefit is suspended as a result of refusal to participate in employment programs, including public works programs (section 11(2) of the Act No. 15/2019 on Employment Promotion). Pursuant to section I, subsection (2) of the Council of Ministers’ Decision No. 535 of 8 July 2020 on procedures, criteria and rules for the implementation of the public works programs in the community, public works programs aim at the inclusion of the long-term unemployed in the labour market. Furthermore, according to section III, subsection 1 c) vii) of the Council of Ministers’ Decision No. 17 of 15 January 2020 on procedures, criteria and rules for the implementation of employment promotion programs through employment, on-the-job training and professional practices, employment programs are offered, among others, to jobseekers who have been receiving unemployment benefits for more than 3 months.

The Committee recalls 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, as is the case in Albania, 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 2007 General Survey, Eradication of forced labour, paragraph 129). Considering that public works programs aim at addressing long-term unemployment, the Committee requests the Government to ensure that persons who have just lost their jobs are not obliged to participate in employment programs under the menace of the suspension of their unemployment benefits in case of refusal.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that, pursuant to section 54 of the General Regulation of Prisons of 2015, detainees or convicted persons have the right to work in accordance with their abilities and that labour laws and regulations regarding occupational safety and health, social welfare, working time and labour relations apply equally to them. Noting that convicted persons might be employed by signing an employment contract with the Institution for the Execution of Criminal Decisions (IECD) or with third legal persons, the Committee requested the Government to provide examples of employment contracts between prisoners and the IECD or private entities.

The Committee takes note of the adoption of the Act No. 81 of 25 June of 2020 on the Rights and Treatment of Prisoners and Detainees. According to section 43(1) of the Act, prisoners capable of working have the right to perform a decent work chosen by them and forced labour, including as a form of disciplinary punishment, is prohibited. Section 43 also provides that prisoners can be employed by the IECD or by private entities inside or outside a prison. The Government further indicates that the draft Council of Ministers’ Decision on special rules for the employment of prisoners, working conditions, duration of work and its remuneration is under approval. In addition, the Government points out that various measures have been undertaken to promote the employment of prisoners by private entities, including through conclusion of cooperation agreements between prisons and private entities. The Committee requests the Government to confirm that prisoners working for private entities must first sign an employment contract and to provide copies of employment contracts between prisoners and the IECD or private entities. The Committee further requests the Government to provide a copy of the Council of Ministers’ Decision on special rules for the employment of prisoners, working conditions, duration of work and its remuneration.