TIRANA RESPONSE FOR CHILD LABOR REPORT

UNCLAS TIRANA 000088

SIPDIS

DEPT FOR EUR/SCE; DRL/ILCSR FOR SARAH MORGAN; G/TIP FOR LUIS
CDEBACA; DOL/ILAB FOR STROTKAMP, RIGBY AND MCCARTER

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI AL
SUBJECT: TIRANA RESPONSE FOR CHILD LABOR REPORT


1. (U) The following is in response to reftel request. Answers are
keyed to reftel.

Tasking 1/TVPRA

Albania has no record of child labor or forced labor in the
production of goods as defined in reftel.

Tasking 2/TDA

PREVALENCE AND SECTORAL DISTRIBUTION OF EXPLOITIVE CHILD LABOR

In what sectors (not related to the production of goods) were
children in involved in exploitive labor (such as domestic service,
street vending, and/or child prostitution)?

Mostly, children are involved in street vending, vehicle washers,
the service sectors, and as beggars.

Posts are requested to determine if the government collected or
published data on exploitative child labor during the period, and if
so, whether the government would provide data set to DOL for further
analysis.

The Labor Inspectorate collects data on child labor, but only for
the formal sector. The GOA would likely be willing to share data
with DOL upon request.

2B) LAWS AND REGULATIONS

What new laws or regulations were enacted in regard to exploitive
child labor over the past year? If applicable, were there changes
improvements in the legal and regulatory framework?

There have been no changes for 2009 in the Penal code.

Was the country/territory's legal and regulatory framework adequate
for addressing exploitive child labor?

Overall, the legal and regulatory framework is inadequate and not
targeted at child labor. Improvements to the labor code and criminal
code and implementation of penalties are needed.

INSTITUTIONS AND MECHANISMS FOR ENFORCEMENT

What agency or agencies was/were responsible for the enforcement of
laws relating to hazardous child/forced child labor?

Ministry of Labor, Child Labor Unit and General Inspectorate

If multiple agencies were responsible for enforcement, were there
mechanisms for exchanging information?

N/A

Did the country/territory maintain a mechanism for making complaints
about hazardous and forced child labor violations? If so, how many
were received in the reporting period?

The Department for Children in the Ombudsman's office. However, the
Ombudsman reported that it received no complaints in 2009 regarding
child labor.

What amount of funding was provided to agencies responsible for
inspections? Was this amount adequate? Did inspectors have
sufficient office facilities, transportation, fuel, and other
necessities to carry out inspections?

Funding was inadequate. Inspectors do have offices and
transportation.

How many inspectors did the government employ? Was the number of
inspectors adequate?

Approximately 150 labor inspectors.

How many inspections involving child labor were carried out? Were
inspections carried out in sectors in which children work? Was the
number of inspections adequate?

The government of Albania did not have available statistics at this
time concerning the number of inspections it carried out. However
it is widely believed that the number of inspections is inadequate.

How many children were removed/assisted as a result of inspections?
Were these children actually provided or referred for services as a
result (as opposed to simply fired)?

362 children were identified as a result of inspections according to
data from the GOA. 199 children were sent back to school and 265
were given school supplies to assist them. 44 children were offered
technical type training in fields such as manicure/pedicure, cook,
and electrician courses. Still others received medical assistance
and psychological assistance.

How many child labor cases or "prosecutions" were opened?

The GOA does not have this data currently, but NGOs believe the
answer to be zero.

How many child labor cases were closed or resolved?

N/A

How many violations were found or "convictions" reached?

N/A

What is the average length of time it took to resolved child labor
cases?

N/A

In cases in which violations were found, were penalties actually
applied, either through fines paid or jail sentence served? Did such
sentences meet penalties established in the law?

N/A

Did the experiences regarding questions 7 though 10 above reflect a
commitment to combat exploitive child labor?

The government does appear to have a commitment to combating child
labor, but actual implementation of programs to do so is lacking,
and resources and expertise are severely limited.

Did government offer any training for investigators or others
responsible for enforcement? If so, what (if any) impact have these
trainings had?

The government did offer training to MOL officials.

2D) INSTITUTIONAL MECHANISMS FOR EFFECTIVE ENFORCEMENT

Did the country/territory have agencies or personnel dedicated to
enforcement of child trafficking/CSEC/use of children n illicit
activities? How many investigators/social workers/dedicated police
officers did the government employ to conduct investigations? If
there were no dedicated agencies or personnel, provide an estimate
of the number of people who were responsible for such investigation.
Was the number of investigators adequate?

Generally, there are no departments specifically for children's
issues. The identification is made by: social administrators in
municipalities or communes; Child Protection Units in some of the
main municipalities such as Korca, Elbasan, Shkoder, Durres, Kukes,
Gjirokaster, or Pogradec; police for children in some regions; and
labor inspectors. The Ministry of Interior maintains responsibility
for trafficking in persons.

How much funding was provided to agencies responsible for
investigating child trafficking/CSEC/use of children in illicit
activities? Was the amount adequate? Did investigators have
sufficient office facilities, transportation, fuel and other
necessities to carry out investigations?

Funding and infrastructure are inadequate.

Did the country/territory maintain a hotline or other mechanism for
reporting child trafficking/CSEC/use of children in illicit
activities violations? If so, how many complaints were received in
the reporting period?

The Ministry of Justice operates a Trafficking in Persons hotline.
CRCA also operates a National Child helpline. Zero cases in the
above categories were received.

How many investigations were opened in regard to child
trafficking/CSEC/use of children in illicit activities? Was the
number adequate?

Two cases were opened during 2009 involving the trafficking of
minors.

How many children were rescued as a result?

2

How many arrests were made or other kinds of prosecutions carried
out?

2

How many cases were closed or resolved?

0

How many convictions?

0

Did sentences imposed meet standards established in the legal
framework?

N/A

Were sentences imposed actually served?

N/A

What is the average length of time it takes to resolved cases of
child trafficking/CSEC/use of children in illicit activities?

Varies widely upon circumstances of individual cases.

Did the government offer any training for investigators or others
responsible for enforcement of child trafficking/CSEC/use of
children in illicit activities? If so, what was the impact (if any)
of these trainings?

Yes. The Ministry of Interior trained officials in anti-trafficking
awareness and identification. These trainings helped to sensitize
officials and improved their ability to identify potential TIP
victims.

If the country/territory experienced armed conflict during the
reporting period or in the recent past involving the use of child
soldiers, what actions were taken to penalize those responsible?
Were these actions adequate or meaningful given the situation?

N/A

2E) GOVERNMENT POLICIES ON CHILD LABOR

Did the government have a policy or plan that specifically addresses
exploitive child labor?

No. But child labor is referred to in the following action plans:

National Strategy for Socio-Economic Development, 2007-2010.
The National Strategy for Children 2005-2010.
National Anti-Trafficking Strategy 2008-2012.
National Strategy on Social service Delivery 2005-2009.
National Strategy for Social Inclusion 2007-2013.
Millennium Development Goals

A multi-level approach is applied at the national, district and
local levels.

Did the country/territory incorporate exploitive child labor
specifically as in issue to be addressed in poverty reduction,
development, educational, or other social policies, such as Poverty
Reduction Strategy Papers, etc?
Yes. The National Anti-Trafficking Strategy 2008-2012 includes a
National Strategy on Child Trafficking and Protection of the Victims
of Trafficking. This is a comprehensive framework for relevant
institutions, with planned activities on awareness raising, capacity
building, cooperation in law enforcement, legislative reform, victim
protection, return and reintegration, and prevention of trafficking
in children.
The National Strategy for Social Inclusion 2007-2013 includes in a
Vulnerable Groups: Children at Risk section which deals with child
labor and Child Labor Monitoring System (CLMS).
The National Strategy on Youth and its National Action Plan includes
provisions related to: the establishment of information units on
youth employment in all cities and rural areas; the establishment of
mobile courses especially in rural areas; the establishment of
information units for youth on national legislation and taxes for
SME's by the Chamber of Commerce; the establishment of more
reintegration activities for ex-trafficked children, organization of
more vocational training courses, summer camps, street theaters, and
engagement of more peer educators in recreational activities with
ex-trafficked children; extend the area of youth recreational
activities to all over the country through the establishment of more
Youth Centers, especially in rural areas and within Roma and
Egyptian communities.
The National Strategy for Socio-Economic Development (NSSED) focuses
on education, health and specific social programs. The Child Labor
Monitoring System in listed as a priority.
The National Strategy for Children (2005-2010) provides for raising

awareness on child labor, setting up municipal and communal
structures for protecting children at risk, improvement of
legislation concerning children and coordination between central and
local governments, NGOs and international organizations to fight
child trafficking.
The National Strategy for Development of Social Services (2005-2010)
provides for an increase of the social protection of children
including working children, and for decentralization and
diversification of social services including development of social
alternatives.
The National Strategy for Employment and Vocational Training
initiated the creation of a network of private employment agencies,
aimed at improving the services offered by vocation training
institutions and providing employment opportunities to marginalized
communities, including young people.

Did the government provide funding to the plans described above?

Yes, in limited amounts.

Did the government provide non-monetary support to child labor
plans?

Yes. Local governments assisted in the implementation of the Child
Labor Monitoring System.

Provide any additional information about the status and
effectiveness of the government's policies or plans during the
reporting period in regard to exploitive child labor.

N/A

Did the government participate in any commissions or task forces
regarding exploitive child labor? Was the commission active and/or
effective?

Yes. The National Steering Committee for the Program on Elimination
of Child Labor in Albania has been in place since November 2001. It
is chaired by the Minister of Labor, Social Affairs and Equal
Opportunities. It is composed of representatives of different
ministries (Labor, Education, Justice, Interior),the President's
Office, Employers' and Workers' organizations and NGOs in order to
give the government guidance on child labor issues.

The Child Labor Unit has been set up in the Ministry of Labor,
Social Affairs and Equal Opportunities in February 2002 to act as
the national focal point for child labor issues and as a secretariat
for the NSC.

Did the government sign a bilateral, regional or international
agreement to combat trafficking?

The government signed a bilateral agreement with Greece in 2006.

2F) SOCIAL PROGRAMS TO ELIMATE OR PREVENT CHILD LABOR
Did the government implement any programs specifically to address
the worst forms of child labor?

The Child Labor Monitoring System (CLMS) in Albania aims to build
upon lessons learned and to continue taking action against the
progressive elimination of the worst forms of child labor by
addressing the problem of CLMS on three levels: national capacity
building on CLMS; community based CLMS, and the compilation of the
CLMS Good Practices. The Program seeks to establish an
institutional framework for a pilot CLMS, to reinforce the capacity
of the stakeholders to implement a CLMS; and to test a model of CLMS
in the following sectors: street, agriculture, factory production,
services, trafficking and illicit activities.

Based on agreements at the district level, five CLM Local Action
Committees have been set up in Tirana, Berat, Korca, Elbasani and
Shkodra composed of heads of municipalities, labor inspectors,
social welfare officers, education officers, trade unions,
employment officers, and community police. They aim to supervise
and provide technical assistance to the monitoring process and make
referral decisions based on the information presented by
multidisciplinary teams. Their goals are threefold: to identify
child laborers and identify risks to which they are exposed; to
refer them to services for rehabilitation and/or provide them with
risk-reduction support as a temporary approach; and to track them to
verify that they have been removed and/or that the risk has been
eliminated and that they have access to satisfactory alternatives.

As a result of this Action Program in three districts, 362 working
children and children at risk (223 boys and 139 girls) were
identified and referred by Action Committees. Out of these, 145
children (103 boys and 42 girls) have been withdrawn and 217
children (120 boys and 97 girls) have been prevented by the Action
Program.

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QQa$ t`d dotepnmElD provide funding to the programs described above?

Yes: ALL 1,127,000 (USD 13,086.39)

Did the government provide non-monetary support to child labor
programs?

No.

Provide any additional information about the status and
effectiveness of the government's activities during the reporting
period in relation to the programs described above.

None.

If the government signed one or more bilateral, regional, or
international agreement/s to combat trafficking, what steps did it
take to implement such agreement/s? Did the agreement result in
tangible improvement?

N/A

CONTINUAL PROGRESS

The government of Albania has the commitment to fight child labor,
however given its constraints the state of child labor remains
similar to that in 2008. Inspections have increased slightly, but a
lack of funding, expertise, and organization, as well as some social
mores, impedes efforts to combat child labor.

WITHERS