Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads in relevant parts as follows:

1. Article 1 of the Convention. The Committee notes that the Labour Code covers all the seven grounds listed in the Convention as well as age, family ties and mental or physical disability. The Committee further notes that the Employment Promotion Act provides that state employment policies aiming at supporting full, productive and freely chosen employment are determined by the Council of Ministers and implemented by the Ministry of Labour, Immigration, Social Assistance and former politically persecuted persons. It requests the Government to provide more detailed information on these policies and the measures taken under their authority, which aim to promote equality of opportunity and treatment, as well as on the results achieved through their implementation.

2. Discrimination on the basis of political opinion. The Committee notes that, under Act No. 8043 of 30 November 1995, “Verification of the image of officials as well as other persons relating to the protection of the democratic State Act”, as amended by Act No. 8280 of 1998, persons who have served or have been candidates in bodies or functions of the previous regime between 28 November 1944 and 31 March 1991 are excluded from the right to serve in certain public functions and engage in certain professions. The decisions concerning such exclusions are vested in a state commission and the persons concerned have a right to appeal before the Supreme Court. The Committee notes that some of these provisions impose exclusions on the basis of membership, candidature for, or employment in party or state organs of the previous regime. The Committee draws the Government’s attention to the fact that requirements of a political nature can be established, but they should be limited to the characteristics of a particular post and be in proportion to the inherent requirements of the job. The Committee notes that following the 1998 amendments, the list of persons who are subject to the exclusion provided by section 2 was shortened and made more precise. Nevertheless, it also notes that the list of functions and professions to which the exclusions apply remained unchanged and, while in certain cases they correspond to specific higher posts, in others they refer generally to employment in public institutions or certain professions. The Committee is concerned that these provisions appear to go beyond justifiable exclusions in respect of a particular job based on inherent requirements as provided for under Article 1(1)(b) of the Convention. Furthermore, the Committee recalls that exclusionary measures, in order to be considered as non-discriminatory within the meaning of Article 4 of the Convention, must be measures affecting an individual on account of activities he or she is justifiably suspected or proven to be engaged in, which are prejudicial to the security of the State. Article 4 does not exclude from the definition of discrimination measures taken by reason of membership of a particular group or community or measures that are unrelated to state security. The Committee therefore notes that application of Act No. 8043, as amended in 1998, is not per se considered to be covered under Article 4 of the Convention.

3. In light of the above, the Committee considers that the exclusions established by the Act are not sufficiently well defined and delimited to ensure that they do not lead to discrimination in employment and occupation based on political opinion which would be contrary to the Convention. The Committee hopes the Government will revise the provisions concerned and, in doing so, will have recourse to the indications provided by the Committee in its General Survey of 1988 on equality in employment and occupation, in particular paragraphs 126, and 135 to 137, as well as paragraphs 192 to 202 of the Special Survey of 1996. The Government is further requested to provide information, in its next report, on the reasons for the automatic exclusions listed in the Act. Please also provide detailed information on the application of the provisions, including the number of persons who have been dismissed or excluded from being a candidate for or employed in the posts and professions listed in the Act. It also requests the Government to supply information on any appeals brought before the Court of Appeals, the criteria used for their determination and the outcomes. Please also supply information on whether the conformity of this Act with the Constitution or with the Convention has been challenged before the Constitutional Court.

4. The Committee requests the Government to provide an interpretation of the provisions of the Civil Service Act No. 8549 of 1999 according to which the civil service is formed and operates on the basis of the principle of “political neutrality”, as well as information on the rules of ethics to which civil servants have to comply.

5. Discrimination on the basis of sex. The Committee requests the Government to continue to provide statistical data on the employment situation of men and women in both the private and public sectors, and in rural and urban areas, and on their educational levels and on any measures taken to improve the employment situation of women, including minority women. The Committee further notes that the “Platform of the Albanian Government for women for the years 1999-2000” envisages a broad range of initiatives. It requests the Government to provide with the next report information on the measures and actions taken on the basis of this Platform and their impact on the promotion of equality in employment and occupation. It also requests information on the activities carried out by the committees, “Women and family” and “Woman and child”.

6. Discrimination on the basis of race and national extraction. The Committee hopes that the Government will provide information on any measures taken or envisaged to foster public understanding and acceptance of principles of non-discrimination and equality for all components of Albanian society, and in particular ethnic minorities. The Committee requests the Government to provide information, including statistics, on the situation of the different ethnic groups on the labour market, and their employment levels in public and private sectors. Please also indicate any measures or programmes to promote equality of opportunity and treatment for members of minority groups.

7. Article 3. Noting the various bodies that have been established in which representatives of employers’ and workers’ organizations participate, the Committee requests information on the policies and measures adopted or envisaged, which are aimed at promoting equality of opportunity and treatment in employment and occupation.

8. Parts III and IV of the report form. The Committee requests information on the manner in which the State Labour Inspectorate supervises and ensures the application of the prohibition of discrimination as envisaged in the Labour Code and in the Convention. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions. Moreover, noting that the Civil Service Commission is competent to resolve appeals of decisions concerning public servants, the Committee requests information on any discrimination cases brought before the Civil Service Commission and on any appeals of its decisions brought before judicial courts.