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Title: Albania Human Rights Practices, 1993
Date: January 31, 1994
Author: U.S. Department of State
ALBANIA
Albania continued to make progress toward establishing a
multiparty democracy with legal guarantees of human rights. It
installed its first non-Communist Government in free and fair
elections in 1992 after 47 years of Communist rule. Parliament
in 1992 elected Sali Berisha as President for a 5-year term,
and Prime Minister Aleksander Meksi heads a coalition
Government dominated by members of the Democratic Party.
Pending the adoption of a new constitution, the Law on Major
Constitutional Provisions continued to serve as a substitute.
Local police detachments are under the direction of the
Ministry of Public Order. Instances of police abuse occurred,
including the deaths of four persons while in police custody.
The Rapid Deployment Force (RDF), created in 1992 and also
under the Ministry of Public Order, has the authority to use
force against public disorder, terrorist activities, and
vandalism, to search homes, businesses, and vehicles, and to
arrest suspects under certain circumstances. The National
Intelligence Service (ShIK) is the successor to the Sigurimi
secret police.
The Government made substantial progress in moving from a
centrally planned economy to a market-oriented system. With 97
percent of the land restored to private ownership, crop yields
increased by more than 20 percent. The privatization of
services and trade expanded greatly, and a liberal investment
law was passed to encourage foreign investment. Inflation was
reduced from 200 percent in 1992 to about 40 percent in 1993.
Although 100,000 new jobs were created, unemployment still
ranged near 35 percent. Industrial production, declining at
the beginning of the year, began to increase by year's end.
Parliament in March passed a human rights law which
incorporates the basic provisions of the first articles of the
draft constitution, providing for the freedom of speech, press,
assembly, association, and religion. Nonetheless, significant
human rights problems remained. Incidents of police violence
occurred, involving use of excessive force (including shootings
and beatings) against peaceful protestors and detainees, and
resulting in four deaths. The Government appears not to have
prosecuted those responsible in all cases. The Government
restricted freedom of speech and press, trying Albanian
journalists for defaming public officials and harassing foreign
journalists for allegedly criticizing Albanian authorities.
Freedom of assembly and association remained significantly
restricted. Ethnic tensions increased when Albanian
authorities expelled a Greek Orthodox priest accused of
publicly endorsing the union of southern Albania with Greece,
and Greek authorities retaliated by expelling over 25,000
Albanians working legally and illegally in Greece. The ethnic
Greek community has complained of discrimination in education
and religious matters in particular.
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 1993,
but in several instances police used excessive force, causing
death. On May 15, police in Korca shot Romeo Gace while he was
attempting to evade arrest for suspected theft. He later
died. The responsible police officer was arrested, charged
with willful murder, convicted, and sentenced to 8 years in
prison.
On June 21, police in Fier beat to death a suspect attempting
to elude arrest. Local and national police authorities
released no details of the death and made no explanations. On
August 15, police in Lushnje reportedly shot and killed a
suspect while in the process of apprehending him. Authorities
have not indicated whether investigations or prosecutions of
those responsible have been initiated in these cases.
On August 14, 31-year-old David Leka died in Lac after police
arrested him and beat him fatally for allegedly having injured
a police officer with a knife by first cutting his nose and
then stabbing him in the back. Three police officers were
arrested in connection with his death, although two have since
been released. The investigation was continuing at year's
end. The Albanian Helsinki Committee protested these examples
of the use of excessive force by police and criticized the
Government for perpetrating an atmosphere that condones the
abuse of force. President Berisha vowed that police who exceed
their authority or violate citizens' rights would be held
responsible before the law.
b. Disappearance
There were no reported disappearances in 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Penal Code prohibits the use of physical or psychological
force during criminal proceedings and provides penalties for
those found guilty of abuse. Nonetheless, there were several
credible reports that police beat suspects while in official
custody. In a series of incidents, police used excessive force
in controlling or detaining demonstrators. On June 12, police
in Tirana and Shkoder entered buildings where members of the
Society of Former Owners were engaging in a hunger strike.
When the strikers refused to leave or accept medical attention,
police reportedly beat many of them, including elderly persons,
while evicting them. The Helsinki Committee protested this use
of force.
On July 30, the Socialist Party held a rally in Tirana which
turned into a march (not authorized by the original permit) to
the main square where they were met by regular police units,
riot police, and plainclothes officers. While the regular
police in general acted professionally, some riot police and
plainclothes officers allegedly mistreated demonstrators after
taking them into custody. The Minister of Public Order vowed
to investigate these charges and take action against those
responsible.
Serious concerns remain about Albanian prisons which became
more crowded in 1993. Of particular concern was the
incarceration of minor suspects and convicts (under the age of
18) with older inmates and allegations of sexual abuse of
minors by older prisoners. There are no statutes which define
the rights or obligations of prisoners or the rules governing
prisoners' behavior. Prisoners have the right to appeal
disciplinary decisions made by the guards to the prison
director. The Helsinki Committee, which monitors prison
conditions and reports on them to its parent organization,
believes these conditions were not life threatening.
d. Arbitrary Arrest, Detention, or Exile
During the July 30 demonstration in Tirana (see Section 1.c.),
police made a number of arrests, allegedly singling out those
shouting antigovernment slogans and not arresting the (equally
unauthorized) progovernment counterdemonstrators.
According to the Penal Code, a prosecutor or police officer may
order a suspect into "custody." Those "in custody" may only
leave their residences with the approval of the prosecutor.
The accused must be informed of the charges against them at the
time of detention and have the right to legal counsel, which
will be appointed free of charge if they are unable to afford a
private attorney.
Bail, in the form of money or property, may be required if it
is believed the accused may not appear for the court hearing.
If the prosecutor fears that the accused may leave Albania
prior to trial or is a danger to society, an arrest is
ordered. Many suspects remain in jail until their trial date,
which, due to the backlog of cases and shortage of attorneys,
may be up to 3 months.
Within 24 hours of the arrest, the police must send a report to
the prosecutor on the evidence linking the suspect to the
crime. The prosecuting attorney has 48 hours within which to
decide to go to trial or to order the person's release.
Either the defendant or counsel has the right to appeal the
arrest ordered by the prosecutor in the court of first
instance. The hearing must be held within 7 days of the arrest
in the presence of the prosecutor, the defendant, and the
defense counsel. There is no appeal of the decision of the
court on this matter. The court system attempts to follow
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 comprises 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 Supreme
Court) can take jurisdiction of any case giving rise to a
question of constitutional interpretation. The Court of
Cassation hears appeals from the court of appeals, while the
Constitutional Court reviews only those cases which require
interpretation of the Constitution.
Parliament has the authority to appoint and dismiss judges on
the Constitutional Court (nine members) and the Court of
Cassation (seven members). The Supreme Judicial Council
appoints and dismisses all other judges. Judges have a
lifetime appointment and may only be relieved of their duties
by Parliament (in the case of the Constitutional Court and the
Court of Cassation) or the Supreme Judicial Council (in the
case of other courts) on conviction for a serious crime.
In 1993 the Supreme Judicial Council continued the process
begun in 1992 of removing Communist-era judges from the bench.
For example, in the Tirana court system, only 2 of 26 sitting
justices remain from the former Communist regime. Nationwide,
some 70 percent of judges have been replaced since 1991.
Prosecutors also serve at the pleasure of the Supreme Judicial
Council. Many who held ranking positions under the previous
regime were removed during 1993. Because of the rapid turnover
of prosecutors and judges and their insufficient experience and
training, the rule of law and the principle of an independent
judiciary are not yet firmly established.
Examinations have been instituted for admission to the faculty
of law which previously had been based on political influence.
However, a legal training course for the children of former
political prisoners has aroused the concern of the Helsinki
Committee, which argued that the program would not adequately
prepare persons to work in the judicial system.
In January a Fier judge was reportedly reprimanded because
President Berisha disagreed with the judge's decision to
dismiss charges of labor agitation against two Socialist Party
activists. In June Parliament passed a law that would have
disbarred 92 lawyers who practiced under the Communist regime.
The Constitutional Court declared it unconstitutional, and the
lawyers were reinstated.
In September the General Prosecutor's office replaced 14
attorneys. Some reports claimed they had been fired for
political reasons, but most appear to have resigned to make
more money in lucrative private practice.
The Law on Major Constitutional Provisions provides that a
trial must be held in public, unless it might divulge national
security information. If convicted, the accused has the right
to appeal the decision within 5 days to the court of appeals,
and again to the Court of Cassation which renders the final
verdict.
The 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
grandchildren. In January the Parliament pardoned all former
political prisoners who were not covered under the October 1991
parliamentary decrees overturning the convictions of most
political prisoners. In June Parliament approved measures
designed to move former political prisoners and their families
to the top of waiting lists for housing and admission to
institutions of higher education in Albania. Former political
prisoners will also be eligible for pensions to compensate them
for the time they spent in prison. According the Helsinki
Committee, those convicted and still serving sentences under
pre-March 1992 penal procedures still do not yet have the right
to appeal their convictions, even though they were convicted
without the right to a defense lawyer or the right of
subsequent appeal.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Law on Major Constitutional Provisions does not address
these issues, although it states that Albania guarantees "the
human rights and fundamental freedoms as accepted in
international documents." The draft constitution states that
searches may only be conducted with court-ordered warrants, and
that correspondence may not be interfered with, except on
grounds of national security. However, a law allowing police
to enter homes without a warrant in search of illegal weapons
remains in effect, which the Helsinki Committee has protested.
There is no evidence of abuse of this law.
The Communist-dominated parliament, in office prior to March
1992, approved the establishment of the Rapid Deployment Force
(RDF), which is authorized to use force against a breakdown in
order, terrorist activities, vandalism, and arson. Attached to
the Ministry of Public Order and also at the disposition of the
Council of Ministers, the RDF in times of emergency comes under
the command of the local chief of police and the local
executive committee chairman (mayor). It has the right, among
other things, to search residences and businesses, to set up
roadblocks, and to search vehicles. It is not known to have
abused its authority in 1993.
Plans to open and examine the files of the Sigurimi (the former
secret police of the Communist regime) were still being
considered at year's end. In the meantime, these documents
remain under the control of the National Intelligence Service
(ShIK). However, senior government officials have indicated
that not all files are intact and some may have been tampered
with in the final days of the Communist regime. The draft
constitution states that "no information may be collected on
citizens without their knowledge except on grounds of national
security. All citizens have the right to examine government
files pertaining to them and their activities."
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law on basic human rights, approved by a two-thirds
majority of Parliament in March, provides for the freedom of
speech and press, although other laws are used to restrict
criticism of the Government. The draft constitution prohibits
any restrictions on the freedom of speech and press.
In October Parliament passed a press law which, in its attempt
to legislate greater press responsibility, could severely
restrict press freedom. The law sets out large fines for
publishing material considered secret or sensitive by the
Government, permits confiscation of printed matter or property
by judicial order, and allows for criminal punishment under
certain circumstances. These circumstances will be defined in
future modifications of the Penal Code. The media and the
Albanian Helsinki Committee denounced the law. Electronic
media are to be dealt with in a separate law.
Opposition parties (with the exception of the Communist party
which is banned and prohibited from publishing), independent
trade unions, and various societies and groups publish their
own newspapers. Approximately 250 newspapers and magazines
appear on a regular basis. Liko Vima and Zeri i Omonias, two
newspapers in the Greek language, are published in southern
Albania.
In practice, freedom of speech, including freedom to criticize
the Government and government officials, was sometimes
restricted. The Government took legal action against three
Albanian journalists in 1993. Nikola Lesi, editor of the
opposition newspaper Koha Jone, was tried on charges that he
libeled the Chairman of the State Control Commission, was found
guilty, and fined. Aleksander Frangaj, also at the time with
Koha Jone, was charged with endangering national security for
his report on alleged military maneuvers. After a court
battle, the Government withdrew its allegations. Koha Jone
frequently criticized the Government and claimed that as a
result it was a target of official persecution.
Idajet Beqiri, Chairman of the National Unity Party and editor
of its newspaper Kombi, was charged under a 1990 law with
"defamation of the office of the President" for having authored
an article calling President Berisha "the killer of Albania."
On July 12, Beqiri was found guilty and sentenced to 6 months
in prison but is appealing. Journalists were also allegedly
arrested in the course of covering demonstrations and charged
with participating in illegal demonstrations. At least one
journalist was reportedly beaten while in custody. The
Government has also reportedly increased the number of
financial inspections of opposition newspapers.
Foreign journalists also encountered difficulties in Albania in
1993. Police detained an Italian journalist with the newspaper
Corriere de la Serra in August, without filing charges. He had
written articles for his newspaper critical of President
Berisha. Only after agreeing to leave the country was he
released. The Italian Government protested this as improper
interference with journalistic freedom. A reporter for Agence
France Presse and a Greek journalist and film maker were also
reportedly harassed by police for "anti-Albanian" or
"antigovernment" activities.
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, delegating some oversight duties to an
Executive Committee of Radio and Television, which it
appoints. The Executive Committee, comprised of 11 members
from outside Parliament, meets occasionally to review
programming and the content of news broadcasts. Opposition
critics of the Government alleged that television serves the
interests of the ruling Democratic Party. Some controversial
interviews and programs were said not to have been aired,
reportedly at the request of political and governmental
leaders. Local radio in southern Albania broadcasts
Greek-language programming.
The Ministry of Education sets a standard course outline for
all levels of education. Professors may substitute texts and
teach their courses in whatever manner they see fit, within the
general guidelines set in Tirana. A Greek studies program at
the University of Gjirokaster, long a demand of the ethnic
Greek cultural organization Omonia, began functioning for the
1993-94 academic year.
b. Freedom of Peaceful Assembly and Association
There are significant restrictions on the freedom of peaceful
assembly and association. Both the Law on Major Constitutional
Provisions and the draft constitution state that political
parties must be fully independent from state institutions,
including military and security forces, but they may not be
formed on an ethnic or religious basis. Parties with
representatives in Parliament are eligible for modest
government funding.
In order to hold a public rally, an organization must apply for
a permit from local authorities and provide copies of all
speeches to be delivered and slogans to be used in the course
of the meeting. Requests for meetings were usually granted,
although police sometimes required a change of date or venue.
When such meetings expanded into marches to other
(unauthorized) locations, however, they were then deemed
illegal. Some public meetings of the opposition Socialist
Party were not permitted for the sites or times requested. At
least 14 men were imprisoned on charges of having taken part in
unauthorized demonstrations in July and August.
In July 1992, 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. The Constitutional Court upheld the
prohibition of the Communist party, and the draft constitution
continues this ban.
An organization, including a political party, must apply to the
Ministry of Justice to be officially certified. It must
declare an aim or purpose that is not anticonstitutional or
contrary to law. It must describe its organizational structure
and account for all public and private funds it receives. The
Constitutional Court has upheld prohibitions on organizations
which failed to get the necessary government authorization. An
anti-Communist group called Vendetta was denied registration,
allegedly because it favors a violent approach towards
retribution against former Communists who are now Socialists.
c. Freedom of Religion
Freedom of religion has been established both in 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." The human rights law passed by Parliament in
March also guarantees full religious freedom.
Controversy over a proposed law on religion erupted in early
1993. The law, which went through several revisions before
being dropped entirely, would have required the leaders of the
four main religious communities--Muslim, Bektashi, Roman
Catholic, and Albanian Autocephalous Orthodox--to be Albanian
citizens from birth, thus necessitating the removal of, inter
alia, the Albanian Autocephalous Orthodox Archbishop, Anastas
Janullatos, a Greek citizen.
Foreign clergy, including Muslim clerics and Christian
missionaries, freely carry out religious activities. Albanian
Muslim clerics are being training in Egypt. A seminary
training priests for the Albanian Autocephalous Church will
graduate its first class in 1994. Orthodox priests from Greece
serve Greek-speaking congregations, primarily in southern
Albania.
In June a Greek priest, Archimandrite Chrystostomos, who had
been working in ethnic Greek areas of southern Albania for
almost a year, was expelled from Albania for allegedly engaging
in anti-Albanian activities, including publicly calling for the
union of parts of southern Albania with Greece. In
retaliation, the Greek Government expelled over 25,000
documented and undocumented Albanian workers.
A secretariat of religions within the Ministry of Culture
oversees the activities of the religious communities. Some
questions concerning property confiscated by the Communist
regime from religious organizations have yet to be resolved.
In some instances, the restitution of property would displace
thousands of residents from their present-day homes located on
the religious communities' lands.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no longer any restrictions on freedom of movement
within the country, and regulations on foreign travel and
emigration have been revised. Passports are available to all
citizens, and the practice of limiting them to specific
countries of destination was abandoned in 1991. Albanian-born
citizens of all foreign countries are eligible to apply for
dual citizenship.
As in 1992, thousands of economic emigrants fled Albania,
principally overland to Greece but also by sea to Italy. The
Tirana office of the United Nations High Commissioner for
Refugees (UNHCR) and the International Organization for
Migration (IOM) jointly run a program to inform the public of
opportunities for legal migration to other countries.
Responsibility for emigration was assigned in 1993 to a
committee which works with foreign governments to establish
agreements for the legal employment of Albanians abroad.
Although until now there has been no significant influx of
refugees into Albania, some government officials are concerned
about the potential flood of ethnic Albanian refugees from
Kosovo in Serbia if widespread violence were to break out
there. Some ethnic Albanians, most of whom fled Kosovo to
avoid the draft, came to Albania, though exact numbers are not
known. Albania also agreed to shelter up to 5,000 Bosnian
Muslims who are in Croatian refugee camps. Some Bosnians did
come in 1993 but then relocated to Turkey.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Law on Major Constitutional Provisions and the draft
constitution provide citizens with the right to change their
government "by free, general, equal, direct, and secret
ballot." International observers judged the national elections
in March 1992 to have been free and fair. The Democratic Party
holds 86 of 140 parliamentary seats to 38 for the Socialist
(former Communist) Party, 7 for the Social Democratic Party, 6
for the Democratic Alliance Party, 2 for the Unity for Human
Rights (ethnic Greek) Party, and 1 for the Republican Party.
The next elections are not required before 1996. Opposition
parties had good access to radio and television and were
unhindered in publishing their newspapers.
The law on political parties, passed in early 1992, and the
draft constitution bar the formation of parties on an ethnic
basis. During the campaign for parliamentary elections in
1991, Omonia, the national political and cultural organization
of the ethnic Greek minority, constituting approximately 3
percent of the population, was permitted to field candidates.
Since that time Omonia leaders have founded the Unity for Human
Rights Party, which has run candidates in both national and
local elections. Ethnic Greek candidates in southern Albania
won a majority of elected positions in parts of three districts
(Gjirokaster, Delvine, and Saranda) and manage many ethnic
Greek communities. There are six ethnic Greek Members of
Parliament, two of whom represent the Unity for Human Rights
Party.
There are no legal impediments to the participation of women in
politics or government, although to date few women have
competed for elected office, and only eight women serve in
Parliament, a reflection of the male-dominated society.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Albanian Helsinki Committee, the major human rights
watchdog organization, took a very active and public role in
defending human rights and remained independent of the
Democratic Party-led Government. During 1993 it initiated and
carried out investigations and issued statements and reports
which were critical of the Government. The main areas of its
focus are the rehabilitation of former political prisoners and
the independence of the judiciary and the mass media. The
independent Albanian group, the Society for Free Elections and
Democratic Culture, founded in 1992, shifted its interest from
elections to democratic institution-building and civic
education.
Delegations from the International Helsinki Commission, the
Council of Europe, and the Office of the High Commissioner for
National Minorities of the Conference on Security and
Cooperation in Europe (CSCE) made several visits to Albania in
1993, during which they conferred with political officials and
representatives of the ethnic Greek minority and visited
prisons, hospitals, and other state facilities. Albanian
government cooperation with the U.N. Human Rights Center
continued during 1993. There were no allegations that the
Government penalized or repressed any human rights observers or
their contacts for their work in Albania.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The Law on Major Constitutional Provisions does not address
women's rights. The draft constitution, however, prohibits any
discrimination on the basis of sex. Women are not restricted,
either in law or in practice, from any occupations, although
they do not typically rise to the top of their professions. No
data are available on whether women receive equal pay for equal
work. Although women have equal access to higher education,
they are not accorded full, equal opportunity and treatment
with men in their careers, due to the persistence of
traditional (male-dominated) values. 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. "Refleksione,"
Albania's first nonpolitical women's group founded in 1993,
worked to raise funds and planned for Albania's first shelter
and counseling service for abused and battered women. It is
also dedicated to the strengthening of women's participation in
society and to the expansion of their legal rights.
Children
The Government's commitment to children's rights and welfare is
based on domestic law and international agreement. The
Government makes education mandatory through age 14.
Employment of children under this age is legally prohibited,
although it is clear that, in many rural areas, children under
14 are actively involved in agriculture. Special programs of
the Ministry of Labor and Social Welfare are planned but not
yet implemented for disabled children.
National/Racial/Ethnic Minorities
While no recent official statistics exist regarding the size of
various ethnic communities in Albania, ethnic Greeks are the
most organized and receive the most attention and assistance
from abroad. Albania has a population of approximately 3.3
million. Ethnic Greek leaders believe there are about
70,000-80,000 ethnic Greeks in Albania. Vlach (Romanian
speaking) leaders claim their community numbers close to
300,000, although this is unlikely. Small ethnic Macedonian
villages exist in the northeast part of the country.
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 are more integrated into the
Albanian economy than the Arrixhi. The two groups seldom
intermarry or have any significant contact. Both groups
encounter societal discrimination, but no specific violence is
known to have been directed against them during 1993.
CSCE High Commissioner for Minorities Max Van der Stoel visited
Albania twice in 1993 to investigate the situation of the
ethnic Greek minority. In his trip report Van der Stoel called
Albania's commitment to provide full CSCE rights to ethnic
Greeks "real" and stated that the minority does in reality
enjoy those rights. However, he recommended the creation in
the Government of a special office for minority questions.
Greek-language education was the single most important concern
of the ethnic Greek community in southern Albania. In 1993 the
Government met the community's longstanding demands for
state-funded, Greek-language education. Seventy-three
elementary schools (grades one through eight) are open in the
areas where most ethnic Greeks reside (three southern districts
of Gjirokaster, Delvine, and Saranda) which now serve more than
4,500 students. A Greek-language high school was opened in
Gjirokaster, and the "Eqerem Cabej" University of Gjirokaster
now has a department of Greek studies which opened for the
1993-94 academic year. The curriculum in these schools is the
Albanian state program translated into Greek and taught by
ethnic Greek Albanian instructors. Ethnic Greeks complained,
however, that there is no legislation permitting the
establishment of private schools.
Although they have no legal basis, the Government continued to
use the term "minority zones" to describe the three southern
districts in which villages have majorities of ethnic Greeks.
It has had practical application in the area of education.
Given the Government's severe budgetary problems and the
overcrowded and poor conditions of most Albanian schools, the
State has funded Greek-language education only in "minority
zones".
After Albania expelled a Greek priest in June for alleged
anti-Albanian activities and the Greek Government retaliated by
deporting over 25,000 documented and undocumented Albanian
workers, tensions between ethnic Greeks and Albanians rose in
southern Albania. The Government ordered the deployment of
extra RDF police in ethnic Greek areas to prevent any
anti-Greek violence. Occasional reports of beatings of illegal
Albanian workers by Greek military personnel also fueled
emotions from time to time throughout 1993. In one incident,
an ethnic Greek policeman was wounded by other policemen. Some
ethnic Greeks alleged that ethnic Greek army officers were
forced to resign under pressure of transfers to the northern
part of the country, but there was no evidence to support
allegations of discriminatory transfers.
Vlachs continued to demand government-funded education in their
language, although they were less vocal about their demands
than in 1992. They also continued to seek funds to restore
several early 18th-century churches and monasteries that have
deteriorated over the years. In accordance with an agreement
signed in 1992, the Macedonian Government funds Macedonian-
language education in several villages on the Albanian side of
the Albanian/Macedonian border.
People with Disabilities
In 1993 Parliament approved a law to assist disabled World War
II veterans. Due to the paucity and poor quality of medical
care under the Communist regime, there is a disproportionately
high number of disabled persons in Albania. Disabled persons
are eligible for various forms of public assistance, but the
level of that assistance is meager. The public care section of
the Ministry of Labor and Social Welfare is to establish local
offices for the treatment and rehabilitation of the disabled.
The Government has not yet legislated or otherwise mandated
accessibility for the disabled due to the relative poverty of
the State and the population in general.
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. A separate, rival federation
continued to operate in close cooperation with the Socialist
Party. The latter federation--the Confederation of Unions--is
a continuation of the "official" federation of the Communist
period. In 1993 municipal employees and workers in such fields
as communications and bakeries founded their own independent
associations.
More than 100,000 Albanians are now employed in the private
sector, mostly in small shops, enterprises, and restaurants,
but they have formed no unions to represent them. Some unions
have organized to represent workers in Greek- and Italian-owned
shoe and textile factories.
According to the Law on Major Constitutional Provisions, all
workers, with the exception of employees of military
enterprises, have the right to strike. The draft constitution
also fully guarantees the right to strike for economic, safety,
or health reasons. Strikes that are either openly declared to
be political or so judged by the courts are forbidden.
In the depressed economic climate of 1993, labor disputes
flared. Early in January, chromium miners in Bulqize ended a
bitter strike demanding that their wages be raised to the level
of West European miners. After the strike ended, the
Government reportedly did not allow 27 miners, including
8 members of the strike committee, to return to work. The
Albanian Helsinki Committee protested this decision.
On May 20, the BSPSH staged a 1-hour general strike, which was
observed, though not uniformly, throughout the country. In
response, the Government agreed to increase unemployment
compensation and wages for some workers. A court declared a
strike planned by oil workers for August 3 illegal because they
failed to adhere to the legally required 2-week "cooling off
period" between calling their strike and subsequently walking
out. Teachers, who are at the bottom of the "wage pyramid" and
earn approximately $1 per day, staged a 1-day strike on
September 15, the first day of the new school year. In
response, the Government agreed to an immediate increase of 10
percent in their wages.
The BSPSH has observers with the International Confederation of
Free Trade Unions in Brussels and working ties with the
American Federation of Labor-Congress of Industrial
Organizations. Its closest ties at present are with the
Italian labor 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
organize and bargain collectively, except members of the armed
forces, civilian personnel employed by the armed forces, and
employees of certain state administrative organs. In practice
unions negotiate directly with the Government, since very
little privatization has occurred outside of the retail and
agricultural sectors.
Wages for all state employees are defined by the wage pyramid,
legislated in 1992, which comprises 22 wage levels organized by
trade.
Most large enterprises remain state owned. BSPSH leaders were
disappointed with the 1993 law on collective agreements and
bargaining. They had hoped that it would declare their union
the lead union at enterprises where more than one union is
active. President Berisha has called for some revisions to the
law to effect "improvements pursuant to international acts."
Export processing zones do not exist in Albania.
c. Prohibition of Forced or Compulsory Labor
The Law on Major Constitutional Provisions prohibits forced
labor, as does the draft constitution. There were no cases of
forced labor reported in 1993.
d. Minimum Age for Employment of Children
The Law on Major Constitutional Provisions sets the minimum age
for employment at 14 years. Persons between the ages of 14 and
16 may work only 5 hours per day. Working conditions for those
over 16 are not legislated. Although the law mandates
education through the eighth grade and prohibits work by those
younger that 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 farm work.
e. Acceptable Conditions of Work
There is no minimum wage in the private sector. Current law
and the draft constitution guarantee social assistance (income
support) and unemployment compensation. The average monthly
wage for all Albanian workers is approximately $30.
In June Parliament approved shortening the workweek in
state-owned enterprises to 40 hours. The workweek includes a
24-hour rest period, usually Sunday. The Ministry of Labor
enforces this law.
The Government sets occupational health and safety standards
but has no funds to make improvements in state-owned industry.
In a February report, the Albanian Helsinki Committee
criticized working conditions in the chromium mines at
Bulqize. The Government called the Bulqize miners' strike
"politically motivated" but acknowledged the need to improve
their poor health conditions. In those enterprises which are
functioning, health and safety conditions are generally very
poor. (###)
[end of document]
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