Country Report on Human Rights Practices for 1992
ALBANIA
Albania continued in 1992 on the path of establishing a multiparty democracy
with legal guarantees of human ri^ts. Albania began the year ruled by an interim
Sovemment which had taken office after the oppmsition withdrew from a Socialistominated
coalition government in December 1991 because of disagreement over the
pace of economic reform. The mandate of the interim government was to administer
the country until after new elections scheduled for March 22. The March parliamentary
elections, generally considered to be free and fair, replaced the ruling Socialist
Party of Albania (the former Communists) with the first freely elected, non-Communist
Government since before World War II. President Ramiz Alia resigned, and
Parliament elected as President Dr. SaU Berisha of the majority Democratic Party.
The President named Aleksandr Meksi as Prime Minister, who formed a coalition
Government composed of representatives of the Democratic, Republican, and Social
Democratic Parties.
In August the Government appointed a new commission composed of constitutional
experts and representatives of various political parties to draft a constitution.
It replaced the 1991 constitutional commission appointed by the previous government.
Meanwhile, the 1991 Law on Major Constitutional Provisions continued to
serve as a substitute for a constitution. The new Parliament amended the law to
strengthen presidential powers, especially as to government appointments, judicial
administration, and local government affairs. In the spring a Constitutional Court
was created with exclusive authority to consider constitutional questions. Parliament
also created the Supreme Judicial Council comprised of the President, the
Minister of Justice, the Attorney General, and representatives from the judiciary,
which has the sole authority to appoint, discipline or remove judges, prosecutors,
and high-level Justice Ministry officials.
Widespread food shortages resulted in serious outbreaks of violence in late 1991
and early 1992. In response Parliament enacted a law creating the Rapid Deployment
Force (RDF) with the authority to use force against public disorder, terrorist
activities, and vandalism, to search homes, businesses, ana vehicles, and to arrest
persons under certain circumstances, although the initial legislation did not delineate
those circumstances. The RDF was believed responsible for the death of a student
by beating, but there was no investigation of the incident. From January
through March 22, food riots broke out in several cities, reportedly sparked by local
SociaUst leaders who refused to distribute foreign humanitarian assistance. At least
two Albanians were killed and many wounded oy security forces. Again, there was
no formal investigation. Law and order became a central issue in the national election
campaign.
After the elections, the new Government quickly restored order. It dismissed
many holdovers in the security service, recruited younger replacements, and encouraged
police to enforce the laws and investigate crimes. However, the National Intelligence
Service (SHIK), which replaced the Sigurimi secret police in 1991, reportedly
continued arbitrarily to summon and interrogate persons suspected of illegal or
Questionable activities. Total military expenditures for 1989, the last year for which
the U.S. Arms Control and Disarmament Agency conducted a detailed analysis,
were $157 million. Defense spending has been reduced and, due to the fiscal realities
of the economy, should continue.
Albania hopes to convert its highly centralized command economy into a market
economy. For lack of domestic capital, it is seeking foreign investment. The Meksi
Government took steps to try to reverse the rapid decline of the economy which had
brought the unemployment rate to about 80 percent. Agricultural production increased
substantiaUy, apparently as a result of far-reaching privatization, although
Albania must still import about one-half of its food needs. Industrial production and
emplojnment improved only slightly. Parliament enacted laws on the banking sys-
(689)
tern, foreign investment, control of state enterprises, and the freeing of prices in an
efifori; to move the economv toward a free market system.
Although observance of human rights improved during the jrear as the Government
anatiie courts implemented the 1991 Law on Major Constitutional Provisions,
serious problems remained. In February the People's Assembly passed an election
law which barred ethnically based parties from participating in the March elections
and appeared aimed at the Omonia Party, an ethnic Greek party which won five
seats m the 1991 elections. Omonia fielded candidates throu^ a fi?ont party, the
Unity for Humtm Rights Party, which received government approval.
Tensions between Albanians and ethnic Greeks increased, meled by fears of ethnic
Greek irredentism and reports that Greek military personnel were physically
abusing Albanian illegal aliens before deporting them. In February crowds attacked
and looted six Greek-owned businesses in Saranda.
In August a pro-Socialist demonstration in Polican erupted into confrontations
with the police m which 17 people, including 5 children, were injured (see Section
6.a.).
The rule of law and principle of an independent judiciary were not yet respected
in practice. Specialized police forces, created in response to increasing crime, have
wi(te-ranging authority with little, if any, institutional oversight (see Section l.f.).
Uniform jumcial procedure has yet to be fully implemented or practiced in Albanian
courts.
RESPECT FOR HUMAN RIGHTS
Section 1. Respect for the Integrity of the Person, Including Freedom from
a. Political and Other Extrajudicial Killing.
There were no reports of targeted
political killings in 1992. Between January and April, however, there were several
incidents in which police and security forces used firearms against demonstrators,
killing at least two persons. In late February, 2 persons were killed and 26 wounded
in Librazd when they raided food warehouses. Security forces opened fire on and
wounded an unknown number of rioters trying to seize donated food in Lushne and
Pogradec. There was no official investigation of the incident.
On February 27, members of the Rapid Deployment Force (RDF) pulled a student,
Leonard Arapi, from a bus and beat him. He died of his injuries 2 days later in a
Tirana hospited. The RDF provided no explanation for its action, nor was anyone
charged with Arapi's death. Again, no official investigation was conducted.
The trial of four men accused of having murdered four Democratic Party activists
in Shkoder on April 2, 1991, began on December 9, 1992. On December 26, all five
defendants were found ^ilty of murder. The defendants, all former police. Ministry
of Interior, or Commumst Party officials, were given sentences of between 15 and
20 years.
b. Disappearance.
^There were no reported disappearances in 1992.
c. Torture and Other Cruel, Inhuman, or Decoding Treatment or Punishment.—
The Criminal Code prohibits the use of physical or psychological force during investigations
and provides penalties for those found guUty of abuse. Opposition politicians
have alleged that SHIK agents harassed and intimidated their members on
various occasions.
Despite the poor economic situation, prison conditions do not appear to threaten
the lives and health of prisoners. Although some prisoners may oe transferred to
solitary confinement or have their privileges restricted for disciplinary purposes, all
prisoners have the right to appeal the jniards' disciplinary decisions to the prison
director and to the Ministry ol Public Order, though to what extent decisions are
reversed is not known. Some have even sent letters to the Helsinki Commission
complaining of food and living conditions. Prisoners may receive food, mail, and
other packages. They are permitted to vote in all elections. Juveniles between 14
and 18 years of age are detained in separate facilities.
In one widely noted case, two brotners were publicly hanged in the city of Fier
after being tried and convicted of the murder of a family of five, including a 7-
month-old child. The two were left dangling, heads uncovered, for 2 hours l)efore
family members were allowed to remove their bodies. Many Albanians were shocked
at this callousness, and the Albanian Helsinki Committee protested the incident to
President Berisha.
d. Arbitrary Arrest, Detention, or Exile
There were no reports of arbitrary arrest,
detention, or exile.
Police or prosecutors with evidence that a person has committed a crime may
order the person into "custody." Persons in "custody" may only leave their residences
with the prosecutoi's approval. Bail, in the form of money or property, may
be required if it is believed the person may not appear for the court hearing.
If the prosecutor believes that the person may leave Albania prior to trial or is
a danger to society, he may order that person's arrest. In practice, more people are
arrested than held in "custody." Within 48 hours of the arrest, the police are required
to report to the prosecutor on their investigation and on the evidence linking
uie suspect to the crime. The prosecutor has 72 hours after the arrest within which
to decioe to go to trial or to oraer the person's release.
Defendants have the right to hire a lawyer. If a defendant cannot aflbrd one, the
court oft«n requests the newly founded Lawyers' Association to provide one. The defendant
may meet counsel in private as frequently as desired and has the right to
have counsel present when he meets with the prosecutor.
The defendant or his lawyer has the right to appeal the arrest ordered by the
prosecutor in the court of first instance. Tne hearing must be held within 7 days
of the arrest in the presence of the prosecutor, the defendant, and defense counsel.
There is no appeal of the decision of the court on this matter. The court system attempts
to foUow these procedures as closely as possible, but a severe shortage of
trained, experienced legal professionals slows down the process considerably.
e. Denial of Fair Public Trial
The judicial system is comprised of the courts of
first instance (also known as district courts), the Court of Appeals, and the Court
of Cassation. Each of these courts is divided into three jurisdictions: criminal, civil,
and military. A separate Constitutional Court (also known as the High Court or the
Supreme Court) can take jurisdiction of any case giving rise to a question of constitutional
interpretation. The Court of Cassation hears appeals from district courts,
while the Constitutional Court reviews only those cases wnich require interpretation
of the Constitution. After the March elections. President Berisha proposed four new
members for the Constitutional Court and the Parliament five. All were confirmed.
Respected lawyers and legal scholars were appointed to replace Communist-era
ju^es.
The Parliament has the authority to appoint and dismiss judges on the Constitutional
Court and the Court of Cassation. All other judges are appointed or dismissed
by the Supreme Judicial Council. Judges have a lifetime appointment and may only
be relieved of their duties by the Parliament (in the case of the Constitutional Court
and the Court of Cassation) or the Supreme Judicial Council (in the case of other
courts) if they die, resign of their own accord, or are convicted of a serious crime.
A number of "old regime" judges (especially in the hi^er courts) resigned in anticipation
of being fired or were fired immediately following the March elections. These
resignations or firings took place before the new law detaUuig the responsibilities
of the Parliament and the Supreme Judicial Council's duties in the hiring and firing
of judges was passed. That law was passed in the spring of 1992. Many district and
local courts continue to be staffed by Communist-era judges.
The rule of law and principle of an independent judiciary were not yet firmly established
in practice. In August a Tirana judge was reprimanded by the Supreme
Judicial Council (and according to some accounts, dismissed), reportedly because
President Berisha disagreed with the judge's decision to let a defendant (who happened
to be another ju^e) out on baU. Protesting this compromise of the independence
of the judiciary, the other judges demanded a meeting with the President. In
what some sources described as a deliberate work stoppage, the judges ceased work
and met with President Berisha. As a result of the meeting, tne judge was reinstated.
In September GSeneral Prosecutor Maksim Haxhia was dismissed from his post
after a parliamentary vote of no confidence. Democratic party leaders in Parliament
who voted to fire him said he had not moved quickly or forcefiiUy enough to conipile
evidence against former regime ofiicials believed to have committed crimes. When
some parliamentarians noted that removal from office should be based on concrete
evidence and charges of malfeasance, the Democrats charged Haxhia with improper
conduct regarding the appointment of the deputy prosecutor for the city of Vlore and
gresented evidence that ne had manipulated the selection. Haxhia alleged that he
ad run afoul of the government leadership because he refused to order the arrests
of persons accused of crimes but against whom there was not sufficient evidence.
Haxhia was tried and convicted in December on the charges which Parliament
cited when it removed him from office. He was fined the equivalent of one-half of
1 month's salary. Courtroom procedures and the application of rules of evidence
were inconsistant and did not meet international standards. For example, defense
motions, subpoenas, and calls for certain witnesses were ignored by the court.
'the Law on Major Constitutional Provisions provides that a trial must be held
in public, urdess it mi^t divulge national security information. If convicted, the accused
has the right to appeal the decision within 5 days to the Court of Appeals.
If the defendant wishes to appeal again, the Court of Cassation reviews the case
and renders the final verdict. Deliberations on a new constitution that would further
strengthen the judicial system are ongoing, but it is unclear when any such changes
mi^t take efTect.
"Rie Association of Former Political Prisoners, formed in 1991, seeks redress from
the Government in the form of assistance with housing and schooling for prisoners'
children or p-andchUdren. The Association sou^t peirdons for those accused of antistate
activities, espionage, or being in the service of foreign states who were not covered
by the October 1991 parliamentary decrees overturning the convictions of most
Kolitical prisoners. According to the Lawyers' Association, those convicted under pre-
[arch 1992 penal procedures do not have the ri^ht to appeal their convictions, even
though they were convicted without the right ofa defense lawyer or subsequent appeal.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The
Law on Major Constitutional Provisions does not address these issues, though it
does state that Albania guarantees "Wie human rights and fundamental freedoms
as accepted in international documents."
Between January and March, when crime was increasing and law and order was
a sensitive political issue. Parliament approved a number of measures, which remain
in effect, that created three new poUce organs—the Rapid Deployment Force,
criminal poUoe, and target police—and empowered them and those already in existence
with wide-rsmging authority.
The RDF is authorized to use force against a breakdown in order, terrorist activities,
vandalism, and arson. The forces are attached to the Ministry of Public Order
and in times of emergency are under the command of the local chief of police and
the local executive committee chairman. These units are also at the disposition of
the Council of Ministers. They have the right to search residences and businesses
when they suspect "a flagrant violation of me law" or in the event of natural disasters,
including fires and accidents. They may institute road blocks and search vehicles
and may take into custody and transport to the nearest poUce station any individual
who refuses to identify himself when asked to do so.
Another January law created the "criminal police" as another special police unit.
This new unit is authorized to use special means and advanced anticrime technical
methodology to obtain information pertaining to investigations in which it is involved,
thou^ the scope of its jurisdiction is not defined. The criminal police are
also authorized to use force "when necessary." These units are permitted to obtain
information directly from the suspect, though the law states that the individual
should offer the information "of his own free will," and are expected to exchange information
with SHIK, military intelligence, state police, and international law enforcement
organizations.
Finally, the "target police" units have the duty to protect the security of economic,
political, social, and cultural objectives," as well as "juridical and physical persons."
These units report directly to the Council of Ministers. These police have the authority
to detain persons and to search oflices and businesses.
Plans to open and examine the files of the Sigurimi (the former secret police) are
being developed.
Section 2. Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Law on Major Constitutional Provisions
does not specifically address freedom of speech. In practice, freedom of speech, including
freedom to criticize the Government and government officials, is sometimes
restridted. Albanians discuss openly the issues of the day.
Opposition parties, with the exception of the Communist Party, independent trade
unions, and various societies and groups may publish their own newspapers. Many
papers, however, are constrained by shortages of newsprint. Some political party
newspapers have reduced distribution and frequency of editions. Liko Vima, a newspaper
in the Greek language, is published in the southern city of Gjirokaster.
Radio and television remained state monopolies. Albania has one television station,
while each major city has its own radio station. Since November 1991, Parliament
has exercised direct control over television, with some oversight duties delegated
to an Executive Committee of Radio and Television. The Executive Committee
is comprised of 11 members from outside the Parliament. In June 1992, Parliament
amended the 1991 law to give the Executive Committee the authority to make programming
and editing decisions on its own. Although this distances such decisions
from Parliament per se, there is no mechanism to ensure (or encourage) any
independance from government control of radio and television's editorial policies or
progrsmoming decisions. The Executive Committee meets weekly to review past programming
and to approve footage for the coming week's programs. Socialist critics
of the Government allege that television served the interests of the ruling Demo693
cratic Party. Some controversial interviews and programs were not aired, reportedly
at the request of political and governmental leaders.
The Ministiy of Education sets a standard course outline for all levels of education
which all persons enrolled in particular majors must take. Professors are able
to substitute texts and teach their courses in whatever manner they see fit, within
the general guidelines set in Tirana. The ethnic Greek cultural organization Omonia
supports the establishment of a chair of Greek studies at the "university" in
Gjirokaster, althou^ the Albanian Ministry of Education opposes this step at this
time. TTie Ministry of Education closed the Faculty of Philosophy at the University
of Tirana until its curriculum can be reformed. Examinations have been instituted
for admission to the Faculty of Law which previously had been based on political
influence.
b. Freedom of Peaceful Assembly and Association
The Law on Major Constitutional
Provisions guarantees political pluralism and provides that political parties
be fiilly independent from state institutions, including military and security forces.
Political parties may not be formed on an ethnic or religious basis. Parties with representatives
in Parliament are eligible for government funding. During the March
election campaign, the Socialist government permitted all rallies by all opposition
Earties to proceed without any disruption. Several Socialist party rallies were broen
up by opponents, incidents which Socialist leaders protested to then {'resident
Alia and several international organizations.
After the Party of Labor (Communist Party) changed its name to the Socialist
Party in June 1991, a small breakaway group formed a Communist Party and won
minuscule support in the March elections. Nevertheless, in July Parliament passed
a law banning all "Fascist, racist, antinational, Marxist-Leninist, Enverist (followers
of former dictator Enver Hoxha), and Stalinist" parties, including the Communist
Party. Deputies in Parliament, including the Socialists, declared that, as the Constitution
states Albania's economy is based on the free market, only parties which
support this view have the ri^t to exist. The Constitutional Court upheld the prohibition
of the Communist Party.
An oi
must declare an aim or purpose which is not contrary to the constitution or laws
of Albania. It must describe its org£mizational structure and account for both public
and private fiinds it receives. The Constitutional Court upheld a prohibition of the
activities of a group of former military officials who had failed to get the necessary
authorization.
c. Freedom of Religion
Freedom of religion has been established in both theory
and practice. The Government legalized the private and public practice of religion
in 1990. The Law on Major Constitutional Provisions declares Albania to be "a secular
state" which "respects the freedom of religious faith and creates conditions to
exercise it."
Controversy over the appointments of the Archbishop and three bishops of the Albanian
Autocephalous Orthodox Church focused attention on the Government's role
in church affairs. In May the Ecumenical Patriarch in Istanbul named three bishops
of Greek origin to the Dioceses of Korea, Berat, and Gjirokaster. Under public pressure
to approve only ethnic Albanian candidates for such positions, although there
were none qualified, the Government refused to agree to their installation. When
an ethnic Greek, Anastas JanuUatos, was named Orthodox Archbishop of Albania,
a storm of protest erupted. Anastas was installed, and the (jovemment has tacitly
accepted him until an ethnic Albanian replacement can be found.
Questions concerning property confiscated by the Communists from religious oi^anizations
have yet to tc resolved.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
There are no longer any restrictions on freedom of movement within
the countiy, and regulations on foreign travel and emigration have been revised.
Passports are available to all citizens, and the practice of Umiting them to specific
countries of destination was abandoned in 1991. A presidential edict in July opened
the way to dual citizenship for Albanian-bom citizens of all foreign countries; however,
some citizens who left as refugees in 1990 and returned from the United
States and Western Europe in 1992 encountered difUculties when departing the
countiy again.
As in 1991, thousands of would-be economic emigrants attempted to flee Albania,
principally through the port of Durres and overland to Greece. Approximately
10,000 young men began walking to Durres after rumors circulated in Tirana that
ships in port would t^e them to Italy. After they were turned back peacefully from
Durres, tney attempted to enter the diplomatic quarter in Tirana in hope that Westem
countries would give them visas.
In January 1992, offices of the United Nations High Commissioner for Refugees
(UNHCR) and the International Organization for Migration (lOM) approved a grant
of $1.6 million to inform Albanian citizens of opportunities for legal migration to
other countries. After the Mardi elections, the ftfinistry of Labor, Social Assistance,
Ex-Political Prisoners, and Emigration was founded. The Government has emphasized
developing training programs at home and promoting employment opportunities
in Western Europe to ease unemployment pressures in Albania.
The Government was looking at contingency plans in the event large numbers of
refiigees were forced to flee from Kosovo to Albania. By October some 2,000 ethnic
Albanians had already arrived in Albania, most of whom fled Kosovo to avoid the
draft. Neither tiie Government nor the UNHCR had a program, so the reftigees
often stayed with families who agreed to take them in.
Section 3. Respect for Political Rights: The Right of Citizens to Change Their Government
The Law on Major Constitutional Provisions provides citizens mth the right to
change their government "by free, general, equal, direct and secret ballot." Under
this Law and the law adopted for the Mardi parliamentary elections, voters directly
elected 100 of the 140 deputies, while the remaining 40 were apportioned on the
basis of nationwide peirty vote percentages, with a minimum 4-percent threshold.
The election campaign and actual balloting in the March elections were judged by
most international observers to have been iree and fair. Opposition parties had good
access to radio and television and were unhindered in publishing their newspapers.
International observers, however, witnessed serious voting irregularities in plain
view of ethnic Greek election ofiicials in favor of the Unity Party in ethnic Greek
areas. Some non-Greek Socialist and Democratic Party candidates in ethnic Greek
areas and one ethnic Greek candidate of the Unity for Human Rights Party were
harrassed.
The opposition Democratic Party won 62 percent of the popular vote and 92 of
140 seats in Parliament. The Socialist Party polled 27 percent, giving it 38 seats.
Other parties winning representation were the Social Democrats, Unity for Human
Ri^ts, and Republicans.
The President was elected by a minimum two-thirds vote of the Members of Parliament.
After the March election. President Ramiz Alia resigned, and the chairman
of the Democratic Party, Dr. SaU Berisha, was elected to replace him. He appointed
Aleksandr Meksi as FVime Minister, who formed a coalition Government of Democrats,
Republicans, and Social Democrats.
During the campaign for parliamentary elections in 1991, Omonia, the national
political and cultural organization of the ethnic Greek minority, constituting 3 to 5
percent of the population, had been permitted to field candidates. The law governing
the March elections, however, allowed only political parties, not ethnic organizations,
to participate in the elections. Omonia protested to international organizations,
and although Omonia was not allowed to take part, a new party, the Unity
for Human Rights Party, was created by Omonia leaders and ran candidates primarily
in the ethnic Greek areas of southern Albania.
The law regulating local elections, which were held in July, provided for direct
election of local officials. The local elections, however, did not match the March elections
in terms of organization. The Socialists topped the Democrats in the number
of actual candidates elected by a margin of 47 percent to 36 percent of some 5,000
positions at stake. Other smaller parties, including the Social Democrats, the Republicans,
and the Unity for Human Rights Party, each won races in approximately
3 percent of the districts.
In 1992 an independent Albanian group, the Society for Free Elections and Democratic
Culture, was established to monitor elections and to assist with the country's
difficult transition to democracy.
TTiere are no impediments, in law or practice, to the participation of women in
politics or government, but few women competed in the elections or won office.
Section 4. Governmental Attitude Regarding International and Nongovernmental Investigation
ofAlleged Violations ofHuman Rights
Albania's first domestic human rights association, the Forum for the Defense of
Human Rights and Fundamental Freedoms, changed its name in March to the Albanian
Helsinki Committee. TTie organization took an active and public role in defending
human rights and remained independent of the Socialist and Democratic Governments.
The International Helsinki Commission expressed concern about the ability
of the local Helsinki Committee to maintain its independance from the government.
Delegations from the International Helsinki Commission made several visits to
Albania, during which they conferred with political oflicials and representatives of
the ethnic Greek minority, and visited prisons, mental hospitals, and other state facilities.
Section 5. Discrimination Based on Race, Sex, Religion, Language, or Social Status
While no official statistics exist regarding the sizes of various ethnic communities
in Albania, ethnic Greeks are the most organized and receive the most attention and
assistance from abroad. Ethnic Greek leaders believe there are about 70,000-80,000
ethnic Greeks in Albania, with an eaual number of ethnic Greek Albanians now living
in Greece. Vlach leaders claim their community (which speaks a Romance language)
numbers close to 300,000, although this is unlikely. Small ethnic Macedonian
villages exist in the northeast, as well as Serbian communities. Without any provocation
or encouragement, the small Serbian community in Shkoder recently left Albania
to return to Serbia.
Two distinct groups of Roma (Gypsies), the Jevg and the Arrixhi (Gabel), reside
in Albania. The Jevg are more likely to be settled in urban areas and more integrated
into the Albanian economy than the Arrixhi. There is seldom intermarriage
or contact of any significant kind between the two groups. In 1992 Jevg Roma in
Albania formed an association to present the Government with various cultural demands.
Both groups encounter societal discrimination.
Government ofiicials have professed publicly their support for full minority rights
in accordance with the provisions of the Helsinki Final Act and the Paris Charter
of the CSCE. Ethnic groups have demanded government funding for education in
their primary languages. These demands have not been met by the Albanian Government,
which cites tne desperate lack of funds.
Members of the Greek minority can receive schooling in the Greek language for
the first 5 years of primary school. Omonia pressed for classes in the Greek language
throu^ the 8th grade, with the option to continue through secondary school.
The group wanted the Government to approve funds for the creation of a chair in
Greek studies at the 'University" of Gjirokaster. A primary school was approved for
Saranda but has not yet been established.
On Februaiy 13, in the southern city of Saranda, a large crowd of Albanians
stoned and looted six Greek shops. Police, present at the scene, reportedly fired
shots in the air after most of the damage had been done. Four persons, identified
as the ringleaders, were subsequently arrested. The crowd was incited by news reports
that an Albanian national, Agur Emini, found by Greek authorities to have
entered Greece illegally, was beaten, abused and set afire by military personnel or
border guards and uien left for dead at the border.
Tensions between ethnic Greeks and Albanians increased in other southern cities
as thousands of ethnic Greeks were bussed back by Omonia from Greece to vote in
the elections. Omonia and the Unity for Human Rights Party continue to argue
that, in accordance with various international commitments, the Government should
permit ethnic organizations to participate in elections even though they are not constituted
as political parties.
Vlachs also demanded government-funded education in their language. They also
wanted the Government to allocate 2 or 3 hours per week of television and radio
time for them to air cultural programming, as well as funds to restore several early
18th-century churches and monasteries that have deteriorated over the years. In
August Albania and Macedonia agreed that Macedonia will fund Macedonian-language
education in several villages near the border.
The Law on Major Constitutional Provisions does not address women's rights. Although
women have equal access to higher education, they are not accorded fiiU,
equal treatment with men. Domestic violence undoubtedly exists, but no statistics
are kept. Police are seldom called to intervene in cases of family abuse, and women
almost never bring charges against spouses.
Section 6. Worker Rights
a. The Right of Association
Workers obtained the right to create independent
trade unions in 1991. The Independent Confederation of Trade Unions of Albania
(BSPSH) was formed as the umbrella organization for a number of smaller unions.
There were several serious conflicts and splits within the Confederation during
1992. Both the Socialist and Democratic Governments avoided any involvement in
the internal affairs of the BSPSH. A separate, rival federation continued to operate
in close cooperation with the Socialist Party. That federation—the Confederation of
Unions—was a continuation of the "oflicial" federation of the Communist period. In
1992 civilian workers in the defense industries organized a union, as did teachers.
The Miners' Union broke away from the BSPSH to create its own association in September.
Coal miners and oil workers founded a new Energy Workers' Union.
According to the Law on Constitutional Provisions, all workers, with the exception
of employees of military enterprises, have the right to strike. Fhiblic sector workers,
both white and blue collar, have freely formed independent unions and eiyoy the
right to strike, but are barred from taking part in "political," rather than "economic,"
strikes. Newly organized teachers staged a 1-day protest strike to highlight
demands for higher wages, which the Government granted.
All large enterprises remain state owned. Union leaders were disappointed with
the Law on State Enterprises, which denies unions a major role in the management
of factories. Labor disputes flared openly in August when unemployed workers from
a munitions factory in Polican clashed with police, and 17 people, including 5 children,
were injured. In the course of a demonstration, Sociahst union leaders took
the chief of police and another ofiicer hostage, leading to a 2-day standoff. Prime
Minister Meksi ordered the RDF to Polican, after which a peaceful settlement was
negotiated.
The BSPSH has observer status in the International Confederation of Free Trade
Unions in Brussels and close working ties with the American Federation of Labor
and Congress of International Organizations and Italian unions. Individual Albanian
trade unions have ties with their corresponding trade secretariats in Brussels
and elsewhere.
b. The Right to Organize and Bargain Collectively
All citizens in all fields of employment
have the right to oi;ganize and bargain collectively, except members of the
armed forces, civilian personnel employed in the armed forces, and employees of certain
state adiministrative organs. In practice, unions deal directly with the Grovemment,
since very little privatization has occurred outside of the retail and agricultural
sectors.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by the
Law on Major Constitutional Provisions, and no cases of forced labor were reported
in 1992.
d. Minimum Age for Employment of Children
The Law on Major Constitutional
Provisions sets me minimum age for employment at 14. Persons hetween the ages
of 14 and 16 may only work 5 hours per day. Working conditions for those over 16
are not legislated. Althou^ the law mandates education through the eighth grade
and prohibits work by those younger than 14, there are no enforcement mechanisms
to curb either truancy or child labor. In rural areas, children are often called on to
assist families with agricultural woik.
e. Acceptable Conditions of Work
Current law does not address working conditions,
altnoudi this subject is likely to be addressed in a new constitution, when
enacted. Working conditions in Albania's few operating industrial sites are poor.
While there is no minimum wage in Albania, the Government does provide some
unemployment compensation wmch is drawn by a significant portion of the work
force. It is extremely difiicult to survive on this amount, and the average employed
worker makes little more. There is no legislated workweek but full-time employment
(if there were enough economic activity to create such employment), womd be 48
hours.
- Österreichisches Rotes Kreuz
- Austrian Centre for Country of Origin and Asylum Research and Documentation (ACCORD)
- Wiedner Hauptstraße 32, 1041 Wien
- T +43 1 589 00 583
- F +43 1 589 00 589
- info@ecoi.net
ecoi.net wird vom Österreichischen Roten Kreuz (Abteilung ACCORD) in Kooperation mit dem Informationsverbund Asyl & Migration betrieben. ecoi.net wird durch den Asyl-, Migrations- und Integrationsfonds, das Bundesministerium für Inneres und die Caritas Österreich kofinanziert. ecoi.net wird von ECRE und UNHCR ideell unterstützt.
