Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Autre commentaire sur C029

Observation

1998

Demande directe

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The Committee notes the information provided by the Government according to which the adoption of the 1995 Labour Code implies the repealing of 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). The Committee notes that section 8 of the Labour Code prohibits all forms of forced labour and section 204 provides that the entering of the Labour Code into force invalidates any provisions running contrary to the Code.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the legal and institutional framework established to combat trafficking in persons (sections 110, 114 and 128 of the Penal Code) and requested the Government to provide further information on the measures taken in this context to prevent, suppress and punish trafficking.

The Committee notes the detailed information provided by the Government on the comprehensive measures adopted to combat trafficking in persons. It notes in particular:

-the strengthening of the legal framework with the adoption in 2013 of amendments to the Penal Code aimed, inter alia, at clarifying the concepts of internal trafficking and cross-border trafficking and at exempting victims of trafficking from punishment for offences committed during or as a result of being trafficked;
-the measures taken to implement the national strategy and the national plan of action on combating trafficking in persons, which was extended until 2013, and the work undertaken with a view to adopting a new strategy for 2014–17 (subsequently adopted); the signature of a new agreement in June 2012 on a National Mechanism for Identification, Referral and Assistance of Victims (NRM) and its standard operating procedures (SOPs) which provides a framework for cooperation of all the stakeholders involved and defines their responsibilities in terms of identification, referral and assistance to victims; as well as the activities carried out by the National Anti-trafficking Coordinator and the State’s Anti-trafficking Committee to enhance cooperation and ensure implementation of the national strategy;
-the measures taken to protect and assist victims of trafficking, including by facilitating their access to justice, for example through enhanced legal aid, by granting them economic support and assistance in the shelters;
-the strengthening of law enforcement bodies with the establishment of a specialized unit of three prosecutors in the Office of the General Prosecutor, and a section against trafficking in the General Directory of Police which operates in 12 districts;
-the statistical information provided on the number of victims identified, cases investigated by the police authorities and the Serious Crimes Prosecutor’s Office, and cases brought before the courts.

The Committee welcomes the information provided and encourages the Government to pursue its efforts to ensure that all victims of trafficking, for both sexual and labour exploitation, are protected and can effectively have access to justice. The Committee requests the Government to continue to provide information on the measures taken to implement the main components of both the national plan of action and the strategy on combating trafficking in persons relating to: (i) prosecution (including the strengthening of training and capacity of law enforcement bodies); (ii) protection and assistance for victims; and (iii) prevention and coordination of action on combating trafficking in persons. The Committee also requests the Government to provide information on any assessment made in this regard, the obstacles and difficulties identified and the measures taken or envisaged to overcome them. Lastly, the Committee requests the Government to continue to provide statistical data on the number of victims identified, legal proceedings initiated, and convictions and penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave their service. The Committee previously noted that, under sections 24(4) and 25(3) of Law No. 9171 of 22 January 2004 on the military grades and careers in the armed forces, members of career military personnel may apply for resignation to the competent body; and, in the absence of reply within three months, the application to resign is considered as accepted. It observed however that, since the application to resign may be refused, the service is not automatically terminated upon application for resignation.

The Committee notes that the Government has not provided any information in this regard. It recalls 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. The Committee therefore once again requests the Government to ensure that, in practice, members of the armed forces are entitled to leave the service in peacetime within a reasonable period. It also requests the Government to provide information on the number of applications to resign presented under sections 24 and 25 of Law No. 9171, the number of refusal and, where appropriate, the grounds for refusal.

2. Compulsory public works exacted under the threat of suspension of unemployment benefits. In its previous comments, the Committee noted that participation in public works programmes 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. People who refuse to take part in such programmes without providing a valid reason will have their unemployment benefits suspended (Act No. 7933 of 17 May 1995, as subsequently amended).

The Committee notes that the Government has not provided information on the compulsory participation of unemployed persons in public works programmes, and the effect on their unemployment benefits. 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, the subsequent imposition of an additional requirement of having to perform public works to receive these benefits under the threat of losing the benefits to which they are entitled may constitute the imposition of compulsory labour. The Committee once again requests the Government to provide information on the compulsory participation of persons entitled to unemployment benefits in public works, and the consequences in case of refusal to enrol in such programmes. Noting that the Government has referred to long-term unemployed persons, the Committee requests the Government to indicate whether compulsory participation in public works programmes is limited to persons who have exhausted their rights to unemployment benefits under the social security scheme.

Article 2(2)(c). Work of prisoners for private entities. The Committee previously noted that prisoners may work outside penitentiary institutions, in accordance with section 36 of Act No. 8328, of 16 April 1998, on the rights and treatment of prisoners, and section 83(4) of the General Prison Rules (Council of Ministers’ Decision No. 96 of 9 March 2000, as subsequently amended). Under section 88(6) of the General Prison Rules, contracts are concluded between prisoners and private entities, and such work contracts may not provide for less favourable conditions than those guaranteed to workers outside the prison. In addition, prisoners are entitled to a salary which cannot be less than the minimum wage. The Committee requested the Government to provide information on the outcome of the negotiations conducted between the General Directorate of Prisons and private entities on the implementation of prison employment projects.

The Committee notes the Government’s statement that up to now there have been no applications from private entities to develop their private activities in the prison system. The Government indicates that, in order to promote employment opportunities and the remuneration of prisoners, a draft decision for the Council of Ministers “on the promotion and reward of the work of prisoners” has been prepared, which refers, inter alia, to the promotion of employment by means of contractual relations with private entities.

The Committee recalls that work of prisoners for private entities is only compatible with the Convention where such work is performed voluntarily, with the free, formal and informed consent of the persons concerned, and under conditions which approximate a free labour relationship. The Committee therefore requests the Government to provide information on the measures taken to ensure that prisoners working for private entities give their free, formal and informed consent for such a labour relationship. Please also provide information on the adoption of the Council of Ministers’ decision that will regulate the work of prisoners for private entities.