Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape, including spousal rape, is a crime. Penalties for rape and assault depend on the age of the victim. For rape of an adult, the prison term is three to 10 years. The law includes provisions on sexual assault and criminalizes spousal rape. The government did not enforce the law effectively, and officials did not prosecute spousal rape. The concept of spousal rape was not well understood, and authorities often did not consider it a crime.
In spite of legal protections for victims, abuses and allegations of political cover-up still occurred. For example, Xhisiela Maloku alleged that Rexhep Rraja, her boyfriend and son of Socialist Party Assembly member Rrahman Rraja, had burned and kicked her in a hotel on July 19. Forensic experts verified the nature of the wounds. Maloku later claimed she fabricated the allegations because she was jealous, but members of the opposition Democratic Party asserted Rrahman Rraja had pressured police to force Maloku to recant, citing claims by former police officer Emiliano Nuhu. The opposition also alleged the police covered up Rexhep Rraja’s sexual assault of Maloku. The judge in the case approved the prosecutor’s request to proceed to trial. Rexhep Rraja is in pretrial detention.
On July 23, the Assembly amended the law on domestic violence to extend protection to victims in an active relationship or civil union. The amendments created a protective order that automatically protects children as well.
Domestic violence against women remained a serious problem. For example, in August 2017, Judge Fildez Kasemi was fatally shot by her ex-husband in Shkoder, even as she was seeking a protection order for abuse. As of December, the ex-husband, Fadil Kasemi, was on trial for murder.
A 2017 UN Development Program (UNDP) and state statistical agency (INSTAT) report estimated that more than 53 percent of women and girls in the country had been victims of domestic violence during the previous year and stated that more than 60 percent reported they had been victims of violence at some point in their lives. Police often did not have the training or capacity to deal effectively with domestic violence cases.
The government operated one shelter to protect survivors of domestic violence and three shelters for victims of human trafficking that accommodated victims of domestic violence as well.
Sexual Harassment: The law prohibits sexual harassment, although officials rarely enforced it. The commissioner for protection against discrimination generally handled cases of sexual harassment and could impose fines of up to 80,000 leks ($741) against individuals or 600,000 leks ($5,550) against enterprises.
Coercion in Population Control: There were no reports of coerced abortion or forced sterilization.
Discrimination: The law provides the same legal status and rights for women and men, but the government did not enforce the law effectively. Women were under-represented in many fields at the highest levels. The law mandates equal pay for equal work, although many private employers did not fully implement this provision. In many communities, women experienced societal discrimination based on traditional social norms subordinating women to men.
There were reports of discrimination in employment. In one case, a 55-year-old woman complained in May to the Commission for Protection against Discrimination (CPD), alleging the Vlora prison director fired her because of her age and gender. The CPD ruled in August the woman had been subjected to discrimination based on gender but not on age, recommended the prison rescind her dismissal, and hire her back. The prison did not hire her back, so the CPD imposed a fine.
Gender-biased Sex Selection: According to INSTAT, the ratio of boys to girls at birth in 2017 was 109 to 100. There were no government-supported efforts to address the imbalance.
Birth Registration: An individual acquires citizenship by birth in the country or from a citizen parent. There were no reports of discrimination in birth registration, but onerous residency and documentation requirements for registration made it more difficult for the many Romani and Balkan-Egyptian parents who lacked legally documented places of residence to register their children.
Children born to internal migrants, including some Romani families, or those returning from abroad frequently had no birth certificates or other legal documents and consequently were unable to attend school or have access to services.
Education: School attendance is mandatory through the ninth grade or until the age of 16, whichever occurs first, but many children, particularly in rural areas, left school earlier to work with their families. Parents must purchase supplies, books, uniforms, and space heaters for some classrooms; these were prohibitively expensive for many families, particularly Roma and other minorities. Many families also cited these costs as a reason for not sending girls to school.
The government issued an order before the beginning of the academic year providing that children from first to the fourth grade would receive free books if they returned them at the end of the school year. It was not clear whether parents would pay a fine if the books were returned damaged. Some NGOs expressed concern that this would place a greater burden on families receiving economic aid, especially in the Romani community.
Child Abuse: Observers believed that child abuse was increasing, especially in schools. According to a national survey taken in 2013, the last year for which data was made available, by the UNDP and INSTAT, 57.7 percent of children surveyed said they had experienced violence at some point in their lives from at least one family member. According to a 2017 report by World Vision, 70 percent of children in the country reported experiencing some type of violence. The definition of violence in both these surveys included psychological violence, and was not limited to physical abuse. Services for abuse victims were not readily available.
On September 23, the Council of Europe commissioner on human rights reported her concern about the high levels of physical and psychological violence against children, including in educational settings and at home.
Early and Forced Marriage: Although the legal minimum age for marriage is 18, authorities did not always enforce the law. Underage marriages occurred mostly in rural areas and within Romani communities. According to data released by the INSTAT, the number of early marriages (younger than the age of 19) decreased significantly in 2017 from 2016.
Sexual Exploitation of Children: Penalties for the commercial sexual exploitation of a child range from eight to 15 years’ imprisonment. The country has a statutory rape law, and the minimum age for consensual sex is 14. The penalty for statutory rape is a prison term of five to 15 years. In aggravated circumstances, the penalty may increase to life imprisonment. The law prohibits making or distributing child pornography; penalties are a prison sentence of three to 10 years. Possession of child pornography is also illegal.
Authorities generally enforced laws against the rape and sexual exploitation of minors effectively, but NGOs reported that they rarely enforced laws prohibiting child pornography. The government reported that, as of July, three children had been sexually exploited, but there were no cases involving pornography.
Displaced Children: There were many displaced and street children, particularly in the Romani community. Street children begged or did petty work. These children were at highest risk of trafficking, and some became trafficking victims. Since the law prohibits the prosecution of children younger than 14 for burglary, criminal gangs at times used displaced children to burglarize homes.
The State Agency for the Protection of Children’s Rights reported that, as of June, authorities had assisted 109 street children. Some 67 children were referred to shelters. CPUs reported 422 cases of economic exploitation of children through June.
Institutionalized Children: UNHCR considered the migrant detention facility in Karrec to be unsuitable for children and families. The government made efforts to avoid sending children there, sending them instead to the open migrant facility in Babrru.
According to a September report from the Council of Europe commissioner on human rights, approximately 700 children lived in public and private residential care institutions, some of them for long periods, without a clear prospect for leaving the institution before they became adults.
Some NGOs raised concerns about the transparency of the treatment of children who were under state residential care. Media outlets reported several instances of teachers physically abusing children in state residential institutions, and several incidents were filmed and broadcast. In one case, a news broadcast aired a video of staff of the Vlora residential center abusing children. The Ministry of Health and Social Protection fired the staff members involved and referred the case for prosecution.
The law allows for moving children out of residential centers and into the care of foster families, but the government and the municipalities have not used this option frequently.
The country lacked adequate facilities for pretrial detention of children. According to the NGO Terre des Hommes, as of July, 17 children were in pretrial detention and nine were incarcerated.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
Reports indicate that there were only 40 to 50 Jews living in the country. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution and laws prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. Nevertheless, employers, schools, health-care providers, and providers of other state services at times engaged in discrimination. The law mandates that new public buildings be accessible to persons with disabilities, but the government only sporadically enforced the law. During the year, the government adapted the premises of 80 health care facilities and 32 schools, and built eight new schools, to accommodate persons with disabilities.
The government sponsored social services agencies to protect the rights of persons with disabilities, but these agencies traditionally lacked funding to implement their programs adequately. Resource constraints and lack of infrastructure made it difficult for persons with disabilities to participate fully in civic affairs. Voting centers often were located in facilities lacking accommodations for such persons.
The government opened two new development centers for persons with disabilities in Pogradec and Bulqiza, supported by the UNDP, and three day-care centers for children with disabilities in Pogradec, Saranda, and Permet.
The Office of the Ombudsman inspected only a few mental health institutions. Both the admission and release of patients at mental health institutions were problematic due to inadequate psychiatric evaluations. There was societal discrimination and stigmatization of persons with mental and other disabilities.
There were allegations of discrimination against members of the Romani and Balkan-Egyptian communities, including in housing, employment, health care, and education. Some schools resisted accepting Romani and Balkan-Egyptian students, particularly if they appeared to be poor. Many schools that accepted Romani students marginalized them in the classroom, sometimes by physically setting them apart from other students.
The Municipality of Tirana transferred 76 Romani families evicted from the Bregu i Lumit neighborhood to permanent housing in the final week of December 2017. Unemployment remained a problem and resulted in some of these families’ failure to pay utility bills.
In October 2017, the government adopted legislation on minorities, but the Assembly has not passed implementing legislation and regulations. The law provides official minority status for nine national minorities without distinguishing between national and ethnolinguistic groups. The government defined Greeks, Macedonians, Aromanians (Vlachs), Roma, Balkan-Egyptians, Montenegrins, Bosnians, Serbs, and Bulgarians as national minorities. The new legislation provides minority language education and dual official language use for local administrative units in which minorities traditionally reside, or in which a minority makes up 20 percent of the total population. The ethnic Greek minority complained about the government’s unwillingness to recognize ethnic Greek communities outside communist-era “minority zones.”
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law prohibits discrimination based on sexual orientation, including in employment. Enforcement of the law was generally weak. Early in the year, the Assembly amended the law on social housing to include members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community as beneficiaries under the law. Debate over the bill in the Assembly was marred by homophobic remarks by some members. In 2017 the Assembly adopted two amendments concerning free legal aid and sports participation that also benefited the LGBTI community.
Sexual orientation and gender identity are among the classes protected by the country’s hate-crime law. Despite the law and the government’s formal support for LGBTI rights, public officials sometimes made homophobic statements. For example, a mufti in Librazhd posted an article in an online portal criticizing one of the LGBTI NGOs that organized antibullying classes in various schools, calling the NGO a “cancer.” The mufti asked education institutions to prevent members of the LGBTI community from entering schools. The CPD sent a letter to the Albanian Islamic Community urging it to help prevent this sort of attack from recurring. Social and traditional media criticized the antibullying campaign, instead accusing the LGBTI community of attempting to influence young people inappropriately.
As of September, Aleanca, an NGO advocating for the LGBTI community, documented 34 cases of physical violence against community members. In one case, police asked the victim, a transgender woman, to withdraw the report; two weeks later, the perpetrator attacked her again, sending her to the hospital. The NGO Streha reported that many young LGBTI individuals had experienced domestic violence upon coming out.
As of August, the CPD had received two complaints alleging discrimination based on sexual orientation and gender identity during the year. The CPD ruled against the complainants in both cases.
The NGO PINK reported it had handled approximately 20 cases of LGBTI persons seeking asylum in other countries, citing domestic violence as the main reason.
HIV and AIDS Social Stigma
The law prohibits discrimination against persons with HIV/AIDS. The Albanian Association of People Living with HIV/AIDS reported that discrimination and stigmatization of persons with HIV/AIDS was widespread in the country.
Section 7. Worker Rights
The law and related regulations and statutes provide the right for most workers to form independent unions, conduct legal strikes, and bargain collectively. The law prohibits antiunion discrimination and provides for the reinstatement of workers fired for union activity.
The law prohibits members of the military and senior government officials from joining unions and requires that a trade union have at least 20 members to be registered. The law provides the right to strike for all workers except indispensable medical and hospital personnel, persons providing air traffic control or prison services, and fire brigades. Strike action is prohibited in “special cases,” such as natural catastrophe, state of war, extraordinary situations, and cases where the freedom of elections is at risk. Workers not excluded by their positions exercised their right to strike.
The law provided limited protection to domestic and migrant workers. Labor unions were generally weak and politicized. Workers who engage in illegal strikes may be compelled to pay for any damages due to the strike action.
Government enforcement of the law remained largely ineffective, in part due to the extent of informal employment. Resources for conducting inspections and remedying violations were not adequate. High fines, which under the law could reach 1.1 million leks ($10,200) or 50 times the monthly minimum wage, were rarely assessed. Fines were consequently not a sufficient deterrent to violations. Administrative and judicial procedures were subject to lengthy delays and appeals. Arbitration procedures allowed for significant delays that limited worker protections against antiunion activity.
Civilian workers in all fields have the constitutional right to organize and bargain collectively, and the law establishes procedures for the protection of workers’ rights through collective bargaining agreements. Unions representing public sector employees negotiated directly with the government. Effective collective bargaining remained difficult because employers often resisted union organizing and activities. In this environment, collective agreements, once reached, were difficult to enforce.
The law prohibits all forms of forced or compulsory labor, but the government did not always effectively enforce the law. Lack of coordination among ministries and the sporadic implementation of standard operating procedures hampered enforcement. Penalties of eight to 15 years in prison were sufficiently stringent to deter violations, but they were seldom enforced. Some law enforcement organizations trained their officers to adopt a victim-centered approach to human trafficking. The government continued to identify trafficking victims but prosecuted and convicted a small number of traffickers.
The Labor Inspectorate reported no cases of forced labor in the formal sector during the year. See section 7.c for cases involving children in forced labor in the informal sector.
Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
The law sets the minimum age of employment at 16 but allows children at the age of 15 to be employed in “light” work that does not interfere with school. Children younger than 18 may generally only work in jobs categorized as “light.” A 2017 decree issued by the Council of Ministers sets working hours for children younger than 18. Children may work up to two hours per day and up to 10 hours per week when school is in session, and up to six hours per day and up to 30 hours per week when school is not in session. Children from 16 to 17 may work up to six hours per day and up to 30 hours per week if the labor is part of their vocational education. By law, the State Inspectorate for Labor and Social Services (SILSS), under the Ministry of Youth and Social Welfare, is responsible for enforcing minimum age requirements through the courts, but it did not adequately enforce the law.
Labor inspectors investigated the formal labor sector, whereas most child labor occurred in the informal sector. Children engaged in gathering recyclable metals and plastic, mining, sewing, street peddling, agriculture, and animal husbandry. Children were subjected to forced begging and criminal activity. There were reports that children worked as shop vendors, vehicle washers, textile factory workers, or shoeshine boys. Some of the children begging on the street were second- or third-generation beggars. Research suggested that begging started as early as the age of four or five. While the law prohibits the exploitation of children for begging, police generally did not enforce it, although they made greater efforts to do so during the year (see section 6, Displaced Children). The Social Organization for the Support of Youth, an NGO, reported that the majority of street children were boys between 10 and 17. Boys mainly collected plastic or metals for recycling and usually worked unaccompanied. The NGO World Vision also reported that children collected cans, plastic, and metal; and sewed shoes. The number of children engaged in street-related activities (such as begging or selling items) increased during the summer, particular around the tourist areas.
The SILSS did not carry out inspections for child labor unless there was a specific complaint. Most labor inspections occurred in shoe and textile factories, call centers, and retail enterprises; officials found some instances of child labor during their inspections. Penalties were rarely assessed and were not sufficient to deter violations.
In 2013, the last year available for statistics, the government’s statistical agency and the International Labor Organization estimated that 54,000 children were engaged in forced labor domestically. An estimated 43,000 children worked in farms and fishing, 4,400 in the services sector, and 2,200 in hotels and restaurants. Nearly 5 percent of children were child laborers.
The law criminalizes exploitation of children for labor or forced services, but the government did not enforce the law effectively. SILSS monitoring of child labor and other labor malpractices was insufficient.
According to the State Agency on Children’s Rights, as of August, CPUs and outreach mobile teams had identified more than 300 street children, most of whom had received relevant services. CPUs reported 14 parents to the police during the same period.
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/ .
d. Discrimination with Respect to Employment and Occupation
Labor laws prohibit employment discrimination because of race, skin color, gender, age, physical or mental disability, political beliefs, language, nationality, religion, family, HIV/AIDS status, or social origin. Discrimination in employment and occupation occurred with respect to gender, disability, sexual orientation or gender identity, nationality, or ethnicity. The commissioner for protection against discrimination reported that most allegations of discrimination involved race, sexual orientation, economic status, or disability.
e. Acceptable Conditions of Work
The national minimum wage was higher than the national poverty threshold. The SILSS is responsible for enforcing the minimum wage but had an insufficient number of staff to enforce compliance.
While the law establishes a 40-hour workweek, individual or collective agreements typically set the actual workweek. The law provides for paid annual holidays, but only employees in the formal labor market had rights to paid holidays. Many persons in the private sector worked six days a week. The law requires rest periods and premium pay for overtime, but employers did not always observe these provisions. The government had no standards for a minimum number of rest periods per week and rarely enforced laws related to maximum work hours, limits on overtime, or premium pay for overtime, especially in the private sector. These laws did not apply to workers in the informal sector, such as domestic employees and migrant workers.
The SILSS is responsible for occupational health and safety standards and regulations, and while these were appropriate for the main industries, enforcement was lacking overall. Working conditions in the manufacturing, construction, and mining sectors frequently were poor and, in some cases, dangerous. Violations of wage and occupational-safety standards occurred most frequently in the textile, footwear, construction, and mining industries. Resources and inspections were not adequate, and penalties often did not deter violations, because law enforcement agencies lacked the tools to enforce collection and consequently rarely charged violators.
Workers often could not remove themselves from situations that endangered their health or safety without jeopardizing their employment. Employers did not effectively protect employees in this situation.