Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Albanie (Ratification: 2001)

Autre commentaire sur C182

Observation

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The Committee notes the in-depth discussion on the application of the Convention by Albania in the Committee on the Application of Standards at the 104th Session of the International Labour Conference in June 2014.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014:

Article 3(a) of the Convention. Sale and trafficking of children for commercial sexual exploitation. The Committee previously observed that, although the trafficking of children for labour or sexual exploitation was prohibited by law, it remained an issue of concern in practice. It noted the Government’s information concerning the National Anti-Trafficking Strategy as well as the various measures implemented to prevent child trafficking. Nevertheless, the Committee expressed its concern at the continued prevalence of the trafficking of children under 18 years of age in Albania.

The Committee notes the Government’s information concerning its recent measures taken in the framework of the National Anti-Trafficking Strategy, including the establishment of standard operating procedures on the identification and referral of victims and potential victims of trafficking (SOPs), which were approved in 2014 and which enable the coordination and comprehensive identification, referral and protection of trafficking victims. The Government indicates that the implementation of the SOPs has enhanced the capacity of the law enforcement personnel, social security providers and the State Labour Inspectorate in this respect.

The Committee additionally notes the adoption of Act No. 10347 of 11 April 2014 which prohibits the sale and trafficking of children under sections 3(e) and 24. The Government indicates that, under this Act, and to achieve the objectives of its Action Plan for Children (2012–15), the Child Protection Unit (CPU) has been established and is collaborating with labour inspectors in municipalities and communes to strengthen sanctions for violations as well as to enhance the capacity of labour inspectors to identify children at risk. Finally, the Committee notes Act No. 144 of 2 May 2013, which has modified the Penal Code to increase the penalties for crimes against children, including crimes related to trafficking.

The Committee takes due note of the Government’s legislative and programmatic measures to protect children from trafficking. It observes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations on the combined second to fourth periodic reports of Albania (CRC/C/ALB/CO/2-3, paragraphs 17 and 82) in 2012, expressed serious concern that Albania continues to be a source country for children subjected to sex trafficking and noted the lack of available data concerning these children. The Committee accordingly urges the Government to intensify its efforts, within the framework of the National Anti Trafficking Strategy and the implementation of the SOPs, to combat the trafficking of persons under 18 years of age, and to ensure that thorough investigations and robust prosecutions of persons who commit this offence are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. The Committee requests the Government to provide data on the number of children subject to sex trafficking, to the extent possible, disaggregated by age and gender.

Article 3(c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Further to its previous comment, the Committee notes with satisfaction the adoption of Act No. 10347 of 11 April 2014 on the protection of children’s rights which, under section 23, read in conjunction with section 3, prohibits the involvement of children under the age of 18 in the use, production and trafficking of drugs and narcotics. The Committee requests the Government to provide information on the application in practice of this new Act, including the number and nature of violations detected.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children and children from minority groups. In its previous comment, the Committee noted that significant numbers of Albanian boys and girls are engaged in begging, starting as early as 4 or 5 years, and that most children involved are from the Roma or Egyptian communities. It further noted the Government’s statement that the major issues with regard to the Roma community are low levels of education (with high illiteracy and low numbers of pupils enrolled), poor living conditions, poverty, and high levels of trafficking and prostitution and that, although it took measures to increase attendance in schools by Roma children, the possibility of teaching the Roma language in schools had not yet been fully implemented.

The Committee notes the Government’s information concerning a 2014 inter-institutional initiative entitled “Support for families and children living on the street”, which aims to ensure the protection of children against all forms of abuse, exploitation and neglect. The Committee further notes the Government’s references to the Action Plan for Children (2012–15) and the Action Plan for the Decade of Roma Inclusion (2010–15), both of which aim to, among others, register and increase the attendance and participation of Roma children in kindergarten and compulsory education. The Committee notes, in this connection, the Government’s information contained in its written reply to the CRC on the combined second, third and fourth periodic reports (CRC/C/ALB/2-4) of 2012, which lists the various legislative and institutional reforms that have been carried out concerning the admission and attendance of Roma children, as well as its programme of cooperation with UNICEF to provide incentives to Roma children to attend education. The Committee further notes the Government’s statistical information, which indicates that for the 2012–13 school year, 664 Roma children attended preschool, 3,231 Roma children attended compulsory education, and all Roma children received full reimbursement for their textbooks.

While taking due note of the Government’s measures to protect children from living on the street and to enhance the opportunities for Roma children to attend education, the Committee also notes that the CRC, in its concluding observations (CRC/C/ALB/CO/2-3, paragraph 70), observed that, contrary to the law, minority children, and in particular Roma children, have limited possibility to be taught in their own language and learn their history and culture within the framework of the national teaching curricula and called for the Government to provide minority-language education, particularly for Roma children. It further takes into account the 2012 assessment report carried out by the National Inspectorate of Pre-University Education (IKAP), with UNICEF assistance, on the implementation of the “The Second Chance” programme for the education of students who have dropped out of school, which found that, despite the Government’s programmes to increase school attendance, the number of Roma children who attend school still remained at very low figures. The Committee accordingly requests the Government to intensify its efforts to take effective and time-bound measures, including within the framework of Action Plan for Children (2012–15), the Action Plan for the Decade of Roma Inclusion (2010–15), and in cooperation with UNICEF, to ensure the protection of Roma children against the worst forms of child labour, particularly trafficking, forced begging and work on the streets. It also requests the Government to provide information on the implementation of the “Support for families and children living on the street” initiative, including the results achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.