2019 Findings on the Worst Forms of Child Labor: Albania

 
 

In 2019, Albania made a moderate advancement in efforts to eliminate the worst forms of child labor. The National Council for the Rights and Protection of the Child approved Decision of the Council of Ministers No. 704, which provides guidance to institutions responsible for identifying children working in violation of the law and referring cases to social protection services, and enacted the National Action Plan for the Protection of Children from Economic Exploitation, including those in street situations, 2019-2021. Furthermore, the General Prosecutor ordered the creation of the Development Center of Criminal Justice for Minors, which employs four part-time prosecutors and one judicial police officer to oversee cases related to the Justice Criminal Code for Minors. However, children in Albania engage in the worst forms of child labor, including in forced begging and mining, including of chromium. Children also engage in commercial sexual exploitation, sometimes as a result of human trafficking. The law does not explicitly prohibit using, procuring, or offering children for illicit activities. In addition, the labor inspectorate needs to be strengthened so it can conduct inspections in all sectors in which child labor is known to occur.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Albania engage in the worst forms of child labor, including in forced begging and mining, including of chromium. Children also engage in commercial sexual exploitation, sometimes as a result of human trafficking. (1-4) Table 1 provides key indicators on children's work and education in Albania.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

4.6 (23,665)

Working Children by Sector

5 to 14

 

Agriculture

 

87.5

Industry

 

2.9

Services

 

9.6

Attending School (%)

5 to 14

92.5

Combining Work and School (%)

7 to 14

5.2

Primary Completion Rate (%)

 

101.5

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (5)
Source for all other data: International Labor Organization's analysis of statistics from National Child Labor Survey (NCLS), 2010. (1)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, activities unknown (2,4)

Industry

Mining,† including chromium (4,6-15)

 

Construction, activities unknown (1,16)

 

Working in the textile, garment, and footwear sectors (2,7,17-20)

 

Processing fish (18)

Services

Begging (3,7,17,18,21,22)

 

Street work, including vending, washing vehicles, busking, and shining shoes (7,21-24)

 

Collecting recyclable materials on the street and in landfills (3,7,18,21,22)

 

Working in wholesale and retail trade (1,17)

 

Working in hotels and restaurants (1,7)

 

Working in call centers (7,16)

Categorical Worst Forms of Child Labor‡

Use in illicit activities, including burglary, drug trafficking, and harvesting and processing cannabis (2,3,7,15,18,21,22)

 

Commercial sexual exploitation, sometimes as a result of human trafficking (2,3,7,13,15,18,21,26)

 

Forced begging, sometimes as a result of human trafficking (2,3,7,15,18,21,23,24,26,27)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Some Roma and Balkan Egyptian children participate in street begging or the collection of recyclables to contribute to family income. (4,28) Children are also trafficked domestically and abroad to some EU countries for commercial sexual exploitation and forced labor. (4) In addition, some children informally scavenge chromium around hazardous mines where debris from mine tunnels is found, and they sometimes carry these heavy rocks for miles. (4,11,12) Internal child trafficking and forced begging have continued in recent years, particularly during the tourist season. (29) Albania lacks recent, comprehensive data on child labor, including in the agriculture and construction sectors.

Although Albania allows children without a birth certificate to enroll in public schools, some children from Roma and Balkan Egyptian families and refugees may face obstacles in obtaining birth certificates, which may affect their access to social services and education. (4,30) Some Roma and Balkan Egyptian children also experienced discrimination in schools and were placed in separate classrooms and faced other hurdles to accessing education, such as a lack of access to reliable transportation. (2,4,30,31) Some migrant and refugee children from Syria, Algeria, and Libya faced difficulties accessing education due to language barriers. (4) Children with disabilities also continue to experience discrimination and other hurdles to accessing inclusive education. (4,32) Children not in school are more vulnerable to the worst forms of child labor.

II. Legal Framework for Child Labor

Albania has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Albania's legal framework to adequately protect children from the worst forms of child labor, including the lack of prohibitions for using children in illicit activities.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

16

Article 98 of the Code of Labor; Article 24 of the Law for the Protection of the Rights of the Child (30,31)

Minimum Age for Hazardous Work

Yes

18

Articles 98–101 of the Code of Labor; Article 24 of the Law for the Protection of the Rights of the Child (30,31)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Articles 99–101 of the Code of Labor; Decree of the Council of Ministers on Defining Hazardous and Hard Works; Article 34 of the Law on Occupational Safety and Health at Work; Regulation on Protection of Children at Work (30,32-34)

Prohibition of Forced Labor

Yes

 

Article 8 of the Code of Labor; Article 124/b of the Criminal Code (30,35)

Prohibition of Child Trafficking

Yes

 

Article 128/b of the Criminal Code (35)

Prohibition of Commercial Sexual Exploitation of Children

No

 

Articles 114, 117, and 128/b of the Criminal Code; Article 26 of the Law for the Protection of the Rights of the Child (31,35)

Prohibition of Using Children in Illicit Activities

No

 

Article 129 of the Criminal Code; Articles 24–25 of the Law for the Protection of the Rights of the Child (31,35)

Minimum Age for Voluntary State Military Recruitment

Yes

 

Article 9 of the Law on Military Service (36)

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A*

 

Article 9 of the Law on Military Service (36)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Article 28 of the Law for the Protection of the Rights of the Child (31)

Compulsory Education Age

Yes

16

Article 22 of the Law on Pre-University Education System (37)

Free Public Education

Yes

 

Article 57 of the Constitution of the Republic of Albania; Article 5 of the Law on Pre-University Education System (37,38)

* No conscription (36)

On March 13, 2019, the Decision of the Council of Ministers (DCM) No. 129 was passed, which sets forth the procedures to identify, assist, and refer children who have been economically exploited. (4,39) The National Council for the Rights and Protection of the Child also created the 2019-2021 National Action Plan for the Protection of Children from Economic Exploitation, including those in street situations, and approved DCM No. 704, which provides guidance to institutions designated as being responsible for protecting children's rights related to identifying children working in violation of the labor law and referring identified cases to social assistance services. (4)

The law in Albania does not explicitly prohibit using, procuring, or offering children under age 18 for illicit activities, including in the production and trafficking of drugs. Article 129 of the Criminal Code only prohibits inducing or encouraging children under age 14 to participate in criminality. The law also does not criminally prohibit the use of children for prostitution.

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Finance, Economy, and Labor that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Finance, Economy, and Labor

Enforces laws related to child labor and hazardous work and monitors the quality of social services provided by the State Labor Inspectorate. Receives, documents, and responds to child labor complaints through the State Social Services Agency. (4) Child Protection Units (CPUs) are the responsible agencies at the local level. (4) The number of CPUs increased from 235 in 2018 to 237 in 2019. (2,4)

Ministry of Interior

Enforces all laws, including laws related to the worst forms of child labor through protection officers. (7,17) Coordinates each of the illicit human trafficking sections in the country's 12 Regional Police Directorates through the General Directorate of State Police. (2,4) Establishes the government's policy on combating human trafficking through the State Committee Against Trafficking in Persons, chaired by the Interior Minister. (40)

Office of the Prosecutor General

Investigates and prosecutes child trafficking cases through the Serious Crimes Prosecution Office. (4) In July 2019, the General Prosecutor ordered the creation of the Development Center of Criminal Justice for Minors, which employs four part-time prosecutors and one judicial police officer to engage with cases related to the Justice Criminal Code for Minors. The center has produced three documents on the rights of children in conflict with the law and child victims of crimes, in addition to a list of steps to be taken by prosecutors and judicial police when dealing with cases involving minors. (29)

Child Protection Units (CPUs)

Identify at-risk children, conduct an initial evaluation of each case at the municipal level, and refer children to appropriate social services. (41) Coordinate the assistance of an ad hoc technical group with social services, police, health, education, justice, and NGOs. (4) Every municipality or administrative unit with at least 3,000 children is required to have at least 1 CPU. (7)

Labor Law Enforcement

In 2019, labor law enforcement agencies in Albania took actions to combat child labor (Table 6). However, gaps exist within the operations of the Ministry of Finance, Economy, and Labor that may hinder adequate labor law enforcement, including financial resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2018

2019

Labor Inspectorate Funding

$1,804,272 (2)

$1,766,831 (4)

Number of Labor Inspectors

112 (2,16)

118 (4)

Inspectorate Authorized to Assess Penalties

Yes (2)

Yes (4)

Initial Training for New Labor Inspectors

Yes (2)

Yes (4)

Training on New Laws Related to Child Labor

Yes (2)

Yes (4)

Refresher Courses Provided

No (2)

Yes (4)

Number of Labor Inspections Conducted

10,805 (4)

11,036 (4)

Number Conducted at Worksite

10,805 (4)

11,036 (4)

Number of Child Labor Violations Found

13 (2,16)

115 (4)

Number of Child Labor Violations for Which Penalties Were Imposed

0 (4)

22 (4)

Number of Child Labor Penalties Imposed that Were Collected

0 (2)

0 (4)

Routine Inspections Conducted

Yes (2)

Yes (4)

Routine Inspections Targeted

Yes (2)

Yes (4)

Unannounced Inspections Permitted

Yes (2)

Yes (4)

Unannounced Inspections Conducted

Yes (2)

Yes (4)

Complaint Mechanism Exists

Yes (2)

Yes (4)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (2)

Yes (4)

‡ Data are from January 2019 to December 2019.

The State Inspectorate for Labor and Social Services (SLISS) extended its inspection plan to include inspections of 182 agricultural entities in 2019. (4,42) During the summer, inspections increased in tourist areas to account for the high number of children working in the hospitality industry. (4,17) The SLISS can inspect all registered private entities but cannot inspect private homes, private farms, or unregistered businesses. (2,4,17)

In 2019, all inspectors received training on implementing procedures for the identification, immediate assistance, and referral of economically exploited children, including children in street situations. (4,43) The SLISS noted that its 2019 budget did not cover an adequate amount of vehicles for inspectors to reach inspection sites. (4,16,43) According to the SLISS, the number of labor inspectors was insufficient, given that only six percent of workplaces were inspected in 2019. (4)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Albania took actions to combat child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including allocating human resources.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2018

2019

Initial Training for New Criminal Investigators

Yes (2)

Yes (4)

Training on New Laws Related to the Worst Forms of Child Labor

Yes (2)

Yes (4)

Refresher Courses Provided

Yes (2)

Yes (4)

Number of Investigations

17 (2)

26 (4)

Number of Violations Found

41 (2)

22 (4)

Number of Prosecutions Initiated

43 (2)

19 (4)

Number of Convictions

5 (28)

9 (4)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

15 (28)

Unknown (4)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (2)

Yes (4)

During the reporting period, police officers from the Illicit Trafficking Police, State Police, and Border Police received trainings on child protection and trafficking in persons. (4) In addition, due to recent changes in juvenile justice law, the State Police organized a 2-week session on crimes involving minors; 25 police officers attended. (4) The government also transferred trafficking in persons cases involving organized crime to district courts from the Serious Crimes Court as a result of justice reforms. (28) The government did not provide data on imposed penalties for violations related to the worst forms of child labor for inclusion in this report.

If a child is trafficked for labor exploitation, the agency identifying the child refers the child to the police and state social services and then to an anti-trafficking shelter. (4) The case may also be referred to local Child Protection Units, which can then connect the child to social services. (2,41,42) Sources reported that border police did not consistently identify human trafficking victims from Kosovo and failed to identify migrants or other potential victims. (13,15,44) In addition, gaps exist in the screening of minors, including of children traveling to and from neighboring countries. (13,15,44,45)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder adequate coordination of efforts to address child labor, including coordination among agencies.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

State Agency for Rights and Protection of Children

Oversees implementation of the government's child rights protection policies, including monitoring the National Action Plan for the Identification and Protection of Children in Street Situations. (17,18) Manages cases of at-risk children and refers them to appropriate social services. (41) Sanctions those who fail to protect children from violence and exploitation. (41) Coordinates local and central structures on health, security, and education of children. (2) In April 2019, the agency organized a conference to introduce legal changes in the field of children's rights to child protection officers and social services directors from 61 municipalities. The conference also included representatives from NGOs, in addition to officials from the Ministry of Health and Social Protection, the Ministry of Justice, and the Ministry of the Interior.

Office of the National Coordinator for the Fight Against Trafficking in Human Beings (ONAC)

Collaborates with regional counterparts to adopt standard protocols to guide anti-trafficking efforts. Oversees 12 regional anti-human trafficking committees that carry out local action plans in cooperation with civil society partners. (18) Leads data collection and report writing for the National Database for Human Trafficking Victims/Potential Victims. (18) Runs the Closed Case Task Force with the Serious Crimes Prosecution Office and Albanian State Police. (23) Collaborates with regional counterparts to adopt standard protocol in anti-trafficking efforts. (4) In 2019, ONAC identified 67 children as victims of trafficking or those at-risk. (4) During the reporting period, ONAC organized 8 trainings for its employees across its 12 regional directorates on child labor and forced labor concepts, complaint filing, and victim referral; approximately 600 employees attended these trainings. In October 2019, ONAC collaborated with its counterpart in North Macedonia to draft and adopt standard operating procedures to guide the identification, referral, and provision of assistance to victims of trafficking and those at risk, with a specific focus on children. ONAC is also drafting similar procedures with its Greek counterpart. (4)

Ad-Hoc Cross-Sectorial Technical Groups (CTGs)

Address child protection cases in municipalities with more than 30,000 children. CTGs include representatives from the police, social services, education, health, justice, and NGOs. (2) Council of Ministers Decision 353 defines the roles and responsibilities of CTGs regarding strengthening local-level coordination. (2,46) In 2019, participated in three training sessions for social workers from state social services and NGOs about the public and non-public entities that work in the field of children's rights. (29)

National Referral Mechanism (NRM)

Coordinates the identification, protection, referral, and rehabilitation of trafficking victims between government and civil society organizations. (47) Chaired by the Ministry of the Interior's ONAC vis-à-vis an agreement signed by 13 government agencies. (2,47,48) In 2019, the NRM held four meetings focusing on the implementation of standard operating procedures to identify and refer victims and potential victims of trafficking. (44)

Coordination among the SLISS and the Albanian State Police has traditionally been sporadic. (13,49)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Action Plan on the Protection of Children from Economic Exploitation (2019–2021)†

Approved by the National Council for Child Protection in October 2019. (4) Guarantees the rights and protection of economically exploited children, including children in street situations. (2,4) Aims to prevent the use of children for profit and enhances services and enforcement of legislation. (2,4) Defines the responsibilities of institutions involved in child protection, including children working in mining, in street situations, and in other situations that violate the law. (4) During the reporting period, the State Agency for the Protection and the Rights of Children provided assistance to the Municipality of Bulqiza to draft and approve the local plan for the protection of children from economic exploitation in conjunction with the local police, the Mayor of Bulqiza, and the Ministries of Education and Labor. (4)

National Action Plan for Combating Trafficking in Persons (2018–2020)

Ensures the identification of and referral for the protection of child victims and potential victims of human trafficking in accordance with standard operating procedures. (2,50) Increases the use of CPUs, police, and border control personnel to identify victims, including children involved in street work. Raises public awareness of all forms of human trafficking, including forced labor. (2,44,50) In 2019, the government implemented actions to promote the return and reintegration of juvenile and adult victims and potential victims of trafficking, while also reducing the risk of being re-victimized. (4)

The Albanian National Agenda for Children's Rights (2017–2020)

Aims to protect and promote children's rights by supporting physical and psychosocial development, and the social inclusion of children. (51) Objectives include improving children's access to services and enhancing legal and institutional mechanisms for child protection. (7,51) Goals include promoting, respecting, and protecting children's rights through governance; eliminating all forms of violence against children; and creating child-friendly systems and services in education, justice, health, and social protection. (7,23) In early 2019, a conference on child protection workers (CPWs) was held with the goal of strengthening coordination among CPW professionals. (28)

National Action Plan for the Social-Economic Reintegration of Women and Girl Victims of Trafficking (2018–2020)

Increases resources available to victims and attempts to reintegrate female trafficking victims by providing education and social services to combat future forced labor and human trafficking. (55) Part of the Strategy for Combating Trafficking in Persons Action Plan. (18) During the reporting period, ONAC organized 14 meetings to educate women and girls on the risks of trafficking and exploitation. In addition, the National Employment Service organized a roundtable on promoting employment services focusing on the integration of girls and women. (29)

National Action Plan for Roma and Balkan Egyptian Community Reintegration (2016–2020)

Aims to provide Roma and Balkan Egyptian children with full access to education, reduce discrimination, enhance social inclusion, and promote intercultural dialogue between different actors in the community. (43,52,57) In October 2019, the State Social Services Directorate organized six awareness-raising activities for the Roma and Balkan Egyptian communities throughout the country, including a session to educate 30 children about trafficking in persons. (29)

† Policy was approved during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (2,44,58)

VI. Social Programs to Address Child Labor

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address the problem in all sectors.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Program of Cooperation for Sustainable Development (2017–2021)

UN program that aims to increase access to education for vulnerable children and improve protections for child victims of human trafficking. (59) Research was unable to determine whether activities were undertaken to implement the program during the reporting period.

Human Trafficking Shelters

The National Shelter Coalition† comprises one state-run and three NGO-run shelters for potential victims of trafficking. (3,4,29) During the reporting period, 43 children were referred to the shelters. (29) In April 2019, ONAC and the National Shelter Coalition established an advisory board for victims of trafficking and potential victims of trafficking. (4)

National Emergency Transition Center†

Government-run center that aims to provide vulnerable families with housing, health care, psychosocial and educational services, legal assistance, and employment placement aid. (2) During the reporting period, the National Emergency Transition Center and the State Social Service organized awareness events for its inhabitants in conjunction with the International Day Against Child Labor and the International Day for the Prevention of Child Abuse. (4)

Child Allowance Program (Ndihma Ekonomike)†

$46 million government-funded cash transfer program that provides an allowance for families receiving economic aid through the Law on Social Assistance and Services. (2) In 2019, the government continued to pay monthly benefits to several categories of eligible recipients, including families with school-aged children and victims of trafficking. (60)

Hotline for Potential Victims of Trafficking

Operated by the State Police Directorate's Command Center to assist potential victims of human trafficking. (29) In 2019, 11 calls were received. ONAC and NGO partners continued to promote the hotline throughout the reporting period. (29)

† Program is funded by the Government of Albania.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (44,61)

During the reporting period, police occasionally referred street children or unaccompanied minors to human trafficking shelters and contacted their parents. (28) Research indicates that there is a lack of shelters for street children who are not victims of human trafficking. Some state- and NGO-run services were available for children who were forced to beg. Research also found no evidence that programs were carried out to assist children scavenging chromium. (2,7,26,48,62) In addition, programs did not specifically target all types of human trafficking. A lack of financial and human resources and issues of decentralization of social funds from the central government to municipalities were also cited as gaps in the efficient implementation of social programs. (2,43,44,62)

In 2019, the Government of Albania maintained its status as a Pathfinder Country for Alliance 8.7 to expedite the implementation of the Sustainable Development Goals related to eliminating child labor and human trafficking by 2025. (2,4,63) Activities include tracking child labor data, organizing workshops, and developing strategies to eliminate child labor. (2,4,63)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Albania (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that using, procuring, and offering children under age 18 for illicit activities, including in the production and trafficking of drugs, is criminally prohibited.

2015 – 2019

 

Ensure that the use of children in prostitution is criminally prohibited.

2019

 

Ensure that labor inspectors can inspect the informal sector in which child labor is known to occur, including private homes, private farms, or unregistered businesses.

2010 – 2019

 

Strengthen and promote the labor complaint referral mechanism so that the general public can report cases of child labor.

2017 – 2019

 

Provide the labor inspectorate with resources for vehicles to conduct inspections.

2019

 

Publish information on the number of penalties imposed on the worst forms of child labor.

2018

 

Ensure that border police officers properly screen minors, including children from Kosovo and migrants, and properly implement standard operating procedures to identify victims of child trafficking.

2016 – 2019

Coordination

Ensure proper coordination between the State Inspectorate for Labor and Social Services and the Albanian State Police.

2019

Government Policies

Ensure that the government implements the National Action Plan for the Protection of Children from Economic Exploitation.

2019

Social Programs

Conduct research to further identify children's activities in agriculture and construction to inform policies and programs.

2013 – 2019

 

Provide adequate transportation for Roma and Balkan Egyptian children who live in communities far from schools.

2011 – 2019

 

Ensure that barriers to education, including discrimination against Roma and Balkan Egyptian children and children with disabilities, are removed.

2013 – 2019

 

Provide language translation for migrant and refugee children to facilitate school access.

2018 – 2019

 

Increase the number of shelters for victims of the worst forms of child labor, and in particular, for children living and working in the street.

2017 – 2019

 

Institute programs to assist children who are victims of human trafficking and those who are used in scavenging chromium.

2014 – 2019

 

Ensure that funding and human resources are increased for social programs for child labor and that decentralized social funds to municipalities are appropriately allocated to adequately carry out programs.

2018 – 2019

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