Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (a).  Sale and trafficking of children. The Committee observes the information provided by the Confederation of Trade Unions of Albania and that “there are children that fall victims of trafficking and organ transplants” amongst others. The Committee requests the Government to provide its comments on this information.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 114 of the Penal Code prohibits soliciting, mediating and receiving financial gains with relevance to committing prostitution. A higher penalty is provided where this offence is committed against a female minor. Section 115 of the Penal Code punishes anyone who manages, utilizes, finances or lets the premises for the purpose of prostitution. The Committee notes that section 114 of the Penal Code refers only to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that, under Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that there appear to be no provisions in the Criminal Code prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 129 of the Penal Code punishes anyone who induces or encourages minors under 14 to criminality. It also notes that sections 283-285 of the Penal Code deal with a range of drug-related offences, including manufacture, distribution, sale, transportation of drugs, cultivating of narcotic plants, manufacture and storage of equipment for producing narcotics. The Committee notes that the above provisions appear to only prohibit the use, procuring or offering of a child under the age of 14 for illicit activities. It reminds the Government that, under Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour and shall therefore be prohibited for children under 18. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as well as the sanctions envisaged.

Article 3. Clause (d). Hazardous work. Self-employed workers. The Committee notes that, according to its sections 3(1) and 6(1), the Labour Code is applicable to a contract of employment. Therefore, the Labour Code appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. The labour inspectorate. The Committee notes that, according to Law No. 7986 of 13 September 1995, the State Labour Inspectorate oversees/monitors implementation of the labour legislation, in particular, relating to the employment of children and young persons, and carries out labour inspection. Pursuant to section 3(3) of this Law, the rights of the state labour inspectorate are carried out with regard to all employers and self-employed persons and members of their families, operating in Albania, regardless of their nationality. According to section 12 of Law No. 7986, labour inspectors, in particular, have the right to enter freely and without previous notice any workplace liable to inspection and to carry out any examination, test or inquiry which they may consider necessary. The Committee further notes that section D, paragraph 5, of Decree No. 384 on the protection of minors at work provides that the employer must inform the Labour Inspectorate of the hiring of each person aged 16-18 years old and that the Labour Inspectorate prevents the hiring of an employee when work: exceeds objectively the physical or psychological capacity of the employee; implies a harmful exposure to physical, biological and chemical agents; presents the risk of an accident and endangers health. Nevertheless, the Committee observes the information provided by the Confederation of Trade Unions of Albania that young persons under the age of 18 are widely employed to do heavy and hazardous work. The Committee asks the Government to indicate the measures taken or envisaged to strengthen the labour inspectorate, so as to enable it to efficiently combat the worst forms of child labour. It also requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 110, 114, 128/b and 129 of the Penal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting the unlawful deprivation of liberty, involving a female minor in prostitution, trafficking in minors and inducing minors under 14 to criminality. It also notes that section 202 of the Labour Code provides for the imposition of a fine amounting to 50 times of the minimum monthly wage for the violation of prohibition to employ juveniles under 18 years of age to difficult jobs. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. Education. The Committee notes that, under article 57 of the Constitution of the Republic of Albania, everyone has the right to education. Mandatory education and general high-school education in public schools are free. It also notes that section 8 of the Law on Pre-University Education System provides that children start compulsory education at the age of 6, and they are obliged to attend school until the age of 16. According to section 9, the State guarantees to pupils free teaching and free material resources. However, the Committee notes that, according to the information provided by UNICEF, only 44 per cent of young children (13 per cent in rural areas) in Albania attend pre-school. Schools are in bad conditions, teachers are underpaid, teaching materials are outdated and drop-out rates are high. Disabled children rarely attend school, and Roma children have high drop‑out rates. It also notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.249 of 28 January 2005, paragraph 60) expressed concern at the decline of public expenditures on education and noted that data about school attendance, transition rates and drop-out rates from different sources are contradictory and make it difficult to assess the effectiveness of the school system. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to improve the education system, ensure that children attend school regularly and reduce school drop-out rates. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/11/Add.27 of 5 July 2004, paragraph 290), street children represent the most vulnerable group to the danger of maltreatment, insecurity, illiteracy and malnutrition. Many economic, social, cultural, educational and family reasons support the marginalization of this category of children. Incomplete data have identified nearly 800 street kids roaming the streets in Tirana as beggars, street sellers and shoeshine boys. The Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.249 of 28 January 2005, paragraphs 72-73), was very concerned that street children represent the most unprotected category of children in Albania and regretted the lack of information in this respect. It recommended to the Government to undertake a study to assess the scope and causes of the phenomenon and to consider establishing a comprehensive strategy to address the increasing number of street children. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.