Report in which the committee requests to be kept informed of development - Report No 362, November 2011

1. 163. The Committee last examined this case at its November 2010 meeting, when it presented an interim report to the Governing Body [358th Report, paras 124–157 approved by the Governing Body at its 309th Session (November 2010)].
2. 164. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case twice. At its May–June 2011 meeting [see 360th Report, para. 5], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body (1972), it could present a report on the substance of the case at its next meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 165. Albania has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 166. At its November 2010 session, in the light of the Committee’s interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee requests the Government to supply the texts of the new law relating to trade union assets as adopted, as well as of Decisions Nos 85/2001 and 5/2004 of the High Court and Decision No. 24/2002 of the Constitutional Court.
   • (b) The Committee urges the Government, in keeping with the principles of tripartism and social dialogue, to enter into full and meaningful consultations with the relevant social partners, with a view to finding a mutually acceptable and definitive solution as regards the property in question, thus clarifying the rights and responsibilities and ensuring that the trade unions in the country may carry out their activities in full knowledge thereof. Given that the administration of property was likely to constitute an important means by which the trade unions were able to effectively function and defend the interests of their members, as stated by the Government itself in its reply, the Committee expects that the solution found with respect to the question of trade union property will ensure that the unions have available to them the necessary means to pursue their legitimate trade union activities. Bearing in mind the extremely negative consequences that a total and definitive removal of any rights to these assets entails for the complainant and for the Albanian trade union movement as a whole, the Committee requests the Government to undertake the necessary consultations without delay and to keep it informed of the outcome of these discussions.
   • (c) Given the serious nature of the allegations that the two national trade union confederations were expelled from their premises in 2007 and have not been permitted to exercise their normal activity, and their relevance to the case as a whole, the Committee requests the complainant to provide supplementary and up-to-date information in this regard and urges the Government to reply fully in respect of both of these allegations.

B. The Committee’s conclusions

1. 167. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in the future.
2. 168. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 169. The Committee reminds the Government that the purpose of the whole procedure, established by the International Labour Organization for the examination of allegations of violations of freedom of association, is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments, on their side, will recognize the importance of presenting, for objective examination, detailed replies concerning allegations made against them [see First Report, para. 31].
4. 170. The Committee recalls that the complainant organization alleges in this case the violation of the right to property of workers’ organizations following the adoption of a law confiscating the assets of all Albanian trade unions.
5. 171. The Committee notes from a communication sent to the ILO that several Albanian trade unions have filed a complaint with the Constitutional Court claiming the abrogation as incompatible with the Constitution of Act No. 10159 of 15 October 2009 “On the abrogation of Act No. 8340/1 of 6 May 1998 ‘On adjusting consequences deriving from the implementation of Decree No. 204 of 5 June 1992 concerning the properties of trade unions’”, as well as the suspension of its implementation. The Committee understands that, in its judgment of 18 June 2010, the Constitutional Court has ruled in favour of the trade unions holding that Act No. 8340/1 of 6 May 1998 had recognized the trade unions as owners of the relevant property gained through the implementation of the 1992 Decree, and that the contested Act therefore infringes the principle of legal certainty and the trade unions’ right to property.
6. 172. The Committee requests the Government to indicate without delay the measures taken or contemplated as a consequence of the Constitutional Court judgment of 18 June 2010 abrogating Act No. 10159 of 15 October 2009. While regretting that the complainant organization has not provided the information requested by the Committee in regard to the allegations that in 2007 the two Albanian trade union confederations were expelled from their premises and not permitted to exercise their normal activities, the Committee requests the Government to ensure that the complainant’s full access to its rights is restored. The Committee requests to be kept informed of any developments in this respect.