Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee 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 information from the Confederation of Trade Unions of Albania that children were victims of trafficking. The Report of the UN Special Rapporteur on the sale of children, child prostitution and child pornography of 27 March 2006 indicated that since 2001 Albania had emerged as a source country for victims of trafficking (for the purposes of both sexual and labour exploitation), though initiatives had resulted in a decline in child trafficking for labour exploitation (E/CN.4/2006/67/Add.2, paragraphs 10 and 15). It noted the adoption of the Strategy and Plan of Action for the Fight Against Child Trafficking and the Protection of Child Victims of Trafficking for the period 2005–07, and requested information on the impact of the various measures taken within this framework.

The Committee notes the Government’s statement that the implementation of the National Anti-Trafficking Strategy 2008–10 has proceeded according to the timelines envisioned in the action plans. The Government indicates that the National Anti-Trafficking Strategy 2008–10 focuses on four main aspects: prosecution of traffickers, protection and assistance for victims, prevention and coordination. The Government’s report also indicates that law enforcement agencies have continued the successful investigation of trafficking offences, and that cooperation between the Prosecutor’s office and the police continues, including the exchange of statistical data. In this regard, the Government indicates that the Database on Victims of Trafficking is being improved to ensure detailed reporting on the identified, protected and reintegrated victims of trafficking. The Committee also notes the various measures implemented to prevent child trafficking, including the organization of an awareness-raising campaign aimed at children between 7–14 years, and the facilitation of birth registration of children. The Committee further notes the information in the Government’s report that Regional Anti-Trafficking Committees within the country have met regularly, with activities including awareness raising among women and girls, identifying vulnerable social groups, identifying cases of trafficking, reporting on the number of children who have dropped out of school and supporting civil society organizations engaged in combating trafficking.

While taking due note of these measures, the Committee notes the statement in the report of the International Trade Union Confederation (ITUC), for the World Trade Organization General Council on the Trade Policies of Albania of 28 and 30 April 2010, entitled “Internationally recognized core labour standards in Albania” (ITUC Report) that the trafficking of children for labour or sexual exploitation remains a problem in the country, and that the Government should strengthen its prosecution of traffickers. The ITUC Report indicates that the prevalence of child trafficking results from poverty, economic instability, housing problems, poor living conditions, low levels of education, low employment opportunities, and improper and ineffective law enforcement. In this regard, the Committee expresses its concern at the continued prevalence of the trafficking of children under 18 years of age in Albania. It accordingly urges the Government to strengthen its efforts, within the framework of the National Anti-Trafficking Strategy 2008–10, to combat the trafficking of persons under 18 years of age, and to ensure that 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. It requests the Government to provide information on the impact of measures taken in this regard, particularly with respect to the number of prosecutions, convictions and the sentences imposed for the trafficking of children. It also requests the Government to continue to provide any additional information on the trafficking of persons under 18 years of age from the Database on Victims of Trafficking.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee previously noted that that the National Strategy and Plan of Action against Child Trafficking contained various measures to protect, rehabilitate and reintegrate child victims of trafficking. It requested the Government to provide information on the number of children reached through this Strategy. The Committee notes the Government’s statement that in 2009, 22 child victims of trafficking were offered services in public and private residential centres. The Committee also notes the information in the Government’s report that pursuant to amendments to the Law on Social Assistance and Services (No. 9335) of 2 March 2010, victims of trafficking will benefit from economic assistance after they leave residential centres. The Government also indicates that municipal economic assistance offices and protection units provide referrals and assistance to persons at risk and trafficked persons. The Committee further notes the information in the Government’s report that the Guideline of the Minister of Labour No. 316 of 10 February 2010 “On the implementation of standards of social care services for trafficked or at-risk persons” aims to standardize the practice and documentation of every institution providing services to victims of trafficking. The Government indicates that it has taken measures to improve the vocational education curriculum, providing free vocational training to 38 victims of trafficking (both girls and women) and that 92 victims of trafficking were employed and reintegrated. Lastly, the Committee notes the information in the Government’s report that the National Reception Centre for Victims of Trafficking offers reception, accommodation, rehabilitation, referral for reintegration and repatriation to Albanian and foreign women and girls, as well as children who are at the risk of being trafficked. This Reception Centre is high security, and provides medical, legal and educational services, as well as psychosocial counselling for children.

Clause (d). Identifying and reaching out to children at special risk.  Street children and children from minority groups. The Committee previously noted the ITUC’s allegations 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. The ITUC also urged the Government to assist children who work on the streets to overcome barriers to education and help them re-enter the school system and to introduce and support programmes to reduce the poverty and inequality faced by Roma and Egyptian communities. It also noted the information in the Report of the UN Special Rapporteur that the most visible form of child labour in Albania is street work, though it noted that one of the target groups of the Strategic Framework for Action on Child Labour is children who work on the streets. It requested the Government to provide information on the number of children found working on the streets and then rehabilitated and integrated as a result of the measures taken.

The Committee notes 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. The Government indicates that it is implementing a ten-year National Strategy for the Improvement of the Living Conditions of the Roma Minority, adopted in 2003 (National Strategy on Roma 2003), which seeks to address, inter alia¸ education, poverty reduction and social protection. The Government indicates that this has resulted in an increase in attendance in schools by Roma children. However, the possibility of teaching the Roma language in schools has not yet been fully implemented. The Government also indicates that it organizes summer schools with Roma and non-Roma children, and that Roma children have benefited from measures to increase access to education for children from poor families. The Government further indicates that the Ministry of Interior has undertaken a campaign for the protection of children and their removal from the streets. Nonetheless, the Committee notes the Government’s statement that, despite some successful initiatives, the implementation of the National Strategy on Roma 2003 has been poor, and the Strategy’s objectives have not been successfully transmitted to local level institutions. However, the Committee notes that the Government acceded to the Roma Inclusion Decade in 2008 and that a National Action Plan for the implementation of the Roma Inclusion Decade was adopted on 28 October 2009. The Committee also notes the information in the ILO–IPEC Technical Progress Report for the project entitled “Upstream activities for prevention and elimination of the worst forms of child labour in Central and Eastern Europe” of February 2010 (ILO–IPEC TPR 2010) that an action project entitled “Classes for alternative education and vocational training” was launched in 2009, and will continue until 2012. This action project targets children between 10–16 years of age from Roma and Egyptian communities in Elbasan, Berat and Korca, who are involved or at risk of trafficking and street work. It also notes the information in the ILO–IPEC TPR 2010 that the action programme entitled “Integrated programme on the elimination of the worst forms of child labour”, implemented in 2009, resulted in the withdrawal of 99 boys and 43 girls from work on the streets.

While noting the various measures undertaken by the Government, the Committee observes that Roma children remain at an increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to strengthen its efforts, within the framework of the new National Action Plan for the Roma Inclusion Decade, to ensure the protection of Roma children against worst forms of child labour, particularly trafficking, forced begging and work on the streets. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

Article 8. International cooperation. Trafficking. The Committee previously noted that the National Strategy and Plan of Action against Child Trafficking included several measures to cooperate at the international level in order to prevent child trafficking. It requested information on the impact of these measures.

The Committee notes the information in the Government’s report that it participates in a Transnational Referral Mechanism, which is a cooperation agreement between countries of the region with respect to cross-border transfer and care of victims of trafficking. This Mechanism facilitates cross-border cooperation and dialogue, for the rapid exchange of information regarding the identification, investigation and return of victims. The Committee also notes the information in the Government’s report that it is working with the International Organization on Migration to draft standard operational procedure for the clear division of obligations of parties for the improvement of the functioning of the National Referral Mechanism, and that cooperation with the Organization for Security and Co-operation in Europe has resulted in the provision of training to Regional Anti-Trafficking Committees. The Committee further notes the Government’s indication that it has signed an agreement with the Government of Greece on the return, rehabilitation and care for trafficked children. The Committee requests the Government to pursue its international cooperation efforts to combat inter-state trafficking of persons under 18. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

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