Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Albanie (Ratification: 1997)

Autre commentaire sur C105

Demande directe

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political or ideological views opposed to the established system. In its previous comments, the Committee noted that penalties of imprisonment involve compulsory prison labour. It observed that, according to section 34 of Act No. 8328 on the rights and treatments of prisoners of 16 April 1998, prisoners who are not expressly excluded from the obligation to work (such as disabled persons, pregnant women), have to perform labour if asked to do so by the prison administration. The Committee requested the Government to provide information on the application in practice of the following provisions of the Criminal Code which allow for the imposition of penalties of imprisonment in circumstances which might fall within the scope of Article 1(a) of the Convention:

-section 262 (organizing public assembly without prior permission of the competent authority or participating in unlawful assembly);
-section 267 (propagating false information or false news, in words or in writing).

The Committee notes the Government’s information in its report that there is no information on any court decisions imposing penalties or sanctions under sections 262 and 267 of the Criminal Code. The Committee requests the Government to provide, in its next report, information on court decisions issued under sections 262 and 267 of the Penal Code, indicating in particular the facts that gave rise to the convictions and the sanctions applied.

Article 1(c). Work imposed as a means of labour discipline. The Committee previously requested the Government to supply copies of provisions governing labour discipline in merchant shipping, so as to enable the Committee to ascertain their conformity with the Convention. The Committee notes the Government’s information on sections 107–110 of the Maritime Code (Law No. 9251 of 2004) regarding employment relations, minimum age and employment of foreigners as vessel crew. The Committee also notes that section 385 of the Maritime Code provides for sanctions for non-compliance of crew discipline, according to which, if a crew member does not comply with ship rules and therefore endangers the traffic safety, damages the ship or endangers the safety of passengers or other crew members, he/she is subject to a fine of €300 to €2,500.