Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - Albania (Ratification: 1998)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s reference to the Action Plan for Children (2012–15), which aims to harmonize policies for the realization of children’s rights, strengthen measures to prevent child labour and upgrade the role of the State Labour Inspectorate to improve the situation of working children. The Committee also notes with interest the adoption of Act No. 10347 of 11 April 2014 on the protection of children’s rights which, among others, establishes the Child Protection Unit (CPU) to collaborate 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. The Government indicates that there are currently 190 CPUs in the country. The Committee further notes the Government’s indication that, in 2014, Albania will begin an administrative-territorial reform that aims to further enhance the capacity of the CPU to provide services to children.

The Committee welcomes the Government’s Action Plan to strengthen the protections, policies and monitoring of child labour. It notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/ALB/CO/2-4, paragraphs 11 and 78) of 2012, expressed concern at the large number of children that remain subjected to economic exploitation and the absence of a specific budget allocated to the realization of the Action Plan. It further notes the results of the 2010 National Child Labour Survey, which was carried out with ILO–IPEC assistance, according to which 20,200 out of 35,500 child labourers were engaged in hazardous work (56.6 per cent). In addition, the Government indicates that some 54.2 per cent of child workers remain in unfavourable working conditions. The Committee requests the Government to provide information concerning the implementation of the Action Plan for Children (2012–15), including the measures taken by the CPU, to effectively remove children from child labour, particularly from hazardous work. The Committee also requests the Government to indicate any measures taken or anticipated to enhance its system of child labour monitoring, labour inspection and data collection. In addition, noting that the Action Plan is scheduled to terminate in 2015, the Committee requests the Government to provide updated information concerning any follow-up national programmes or policies.

Article 2(1) of the Convention. Scope of application. Self-employed children or children working in the informal sector. The Committee previously noted that, under section 3(1) of the Labour Code, children engaged in work outside of an employment agreement, such as self-employed children or those working in the informal sector, appear to be excluded from the Labour Code’s coverage.

The Committee notes the Government’s information concerning a 2014 initiative to address children who are involved in informal work through cross sectorial intervention and cooperation. The Committee further notes the Government’s reference to a task force that has been set up in this respect, as well as its reference to the National Council for the protection of children’s rights (NCPCR), a State Agency for the protection of children’s rights (SAPCR) and a coordination Minister for issues related to the protection of children’s rights.

While noting these legislative and policy initiatives, however, the Committee also understands, based on the statistical information contained in the Government’s reports in 2012 and in 2014, that over 14 per cent of children have been identified during labour inspections conducted by the State Labour Inspectorate as self-employed or working in the informal economy. It further notes that the CRC, in its concluding observations (CRC/C/ALB/CO/2-4, paragraphs 78–79), expressed concern with the large number of children subjected to economic exploitation, including those working in informal activities. The Committee accordingly requests the Government to continue to strengthen its efforts to ensure that the protection afforded by the Convention is granted to children carrying out economic activities without an employment agreement, including self-employed children and children working in the informal economy, as soon as possible. It further requests the Government to provide information on the impact of its initiatives to enhance cross-sectorial cooperation to protect these children.

Article 6. Apprenticeship and vocational training. The Committee previously noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205, minors under 14 years of age may be engaged in the vocational training system authorized by the State Labour Inspectorate. The Committee further noted that it seemed that children under 14 years of age could be authorized to undertake practical internships, in contradiction with Article 6 of the Convention which authorizes work to be carried out by persons aged at least 14 years.

The Committee notes with interest the Government’s information concerning proposed amendments to the Labour Code and Decree No. 205 which will increase the minimum age to participate in the vocational training programme to at least 14 years. The Committee further notes the Government’s indication that the Ministry of Social Welfare and Youth is drafting, with ILO technical assistance, a regulation on children’s work which will transpose the provisions of European Directive 94/33 of 22 June 1994 on the protection of young people at work. The Committee requests the Government to provide updated information concerning the outcome of proposed amendments.

Article 7(3). Determination of types of light work. The Committee recalls its previous comment which noted that no regulations had been issued to determine the activities that constitute light work or prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee notes with interest the Government’s information concerning proposed amendments to identify such activities and to determine the maximum duration and conditions of such work. The Committee welcomes this information and requests the Government to provide updated information concerning the outcome of proposed amendments.