Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee refers to its observation and requests additional information on the following points.

Articles 1, paragraph 1, and 2, paragraphs 1 and 2(a), of the Convention. The Committee refers to the Government's statement to the effect that, under section 5 of the Decree with respect to the armed forces, military service is compulsory in Albania; the armed forces participate in humanitarian and peacekeeping missions within and outside the country and in emergency situations may also be used to help maintain public order. The Committee requests the Government to transmit a copy of the above Decree and any other text regarding the organization and the functioning of the armed forces and the military service, as well as information concerning the application, in practice, of section 5 of the above Decree.

Article 2, paragraphs 1 and 2(e). The Committee notes that under Act No. 7933 of 17 May 1995 communal services are works of a temporary nature, consisting of the construction, renovation, cleaning or maintenance of public property; they are intended for persons receiving financial assistance in the form of benefits from the State. Under section 3 of the Act, any refusal to participate in communal services will entail the suspension of state benefits. The Committee notes that, whilst the section 4 employment contract between the employer and the worker establishes the rates of wages, hours of work and social insurance, participation in communal services appears to be exacted under menace of a penalty (suspension of state benefits). The Committee therefore requests the Government to provide information on the measures envisaged, such as the amendment or repeal of section 3 of the above Decree, to ensure due conformity with the Convention in this matter. The Committee also requests the Government to transmit a copy of the decision of the Council of Ministers which defines the methods of organizing and financing community services (section 5).

Article 2, paragraphs 1 and 2(c). The Committee refers to Decree No. 228 of 19 May 1993 with respect to the method of remunerating prison labour, which provides (section 2) that the work carried out by prison labour is the same as voluntary labour, with the exception of limitations due to the specific environment where prison sentences are served. The Committee also notes that prisoners, who are under the supervision or control of the prison authorities with regard to working conditions, must respect the obligations of the legislation in force and the conditions established in the employment contract. Where these conditions are not respected, sanctions may be imposed (section 7). The Committee recalls that persons who are serving a prison sentence must not be hired out to or placed at the disposal of private individuals without their consent. The Committee requests the Government to provide information in its next report on the application of the legislation and transmit a specimen of the contract concluded between the prison authorities and the employer. Please indicate what sanctions may be imposed on a prisoner where contractual obligations are not respected.

Article 25. The Committee notes the Government's indication that section 110 of the Penal Code punishes the illegal deprivation of liberty with a fine or a term of imprisonment of up to 12 months, which can be increased to five years where the offence is accompanied by threats of physical suffering or life has been endangered. The Committee requests the Government to provide information on instances where this provision has been enforced.

Finally, the Committee requests the Government to indicate whether Decree No. 1669 of 13 May 1953, Decree No. 1781 of 14 December 1953 (which provides for the imposition of labour by administrative decision as a form of punishment) and Decree No. 747 of 30 December 1949, respecting the imposition of communal service on highways (which the Government states is no longer applied in practice) have been formally repealed and, if so, to provide a copy of the text to that effect.