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Title: Albania Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ALBANIA
Albania is a parliamentary republic ruled by a democratically elected
government. Pending a new constitution, the Law on Major Constitutional
Provisions, which includes a Law on Fundamental Human Rights and
Freedoms, serves in its place. The Democratic Party won a comfortable
majority in free and fair parliamentary elections in 1992. President
Sali Berisha, elected by Parliament in 1992, continued his 5-year term.
The law provides for separation of powers and an independent judiciary.
However, the judicial branch, lacking in resources and experience, was
subject to strong executive and parliamentary pressure.
Local police detachments reporting to the Ministry of the Interior are
principally responsible for internal security. Police effectiveness in
combating violent crime increased but instances of police abuse
continued. The National Intelligence Service (SHIK) has both external
and domestic intelligence gathering and counterintelligence functions.
There are continuing allegations that SHIK exceeded its mandate, largely
through harassment of opposition politicians and journalists. There are
credible reports that SHIK agents have taken part in the detention and
investigation of some journalists and other arrestees, usually in
conjunction with the criminal police. Some members of the security
services committed serious human rights abuses.
Albania is a poor country with a largely agricultural economy. Some
mining and light industry (clothes, shoes) also exist. Remittances from
Albanians working abroad and, to a lesser extent, fuel smuggling in
contravention of economic sanctions against Serbia-Montenegro, provided
the principal source of foreign exchange. Foreign aid was also an
important source of national income. The economy, in transition from a
centrally planned to a market- oriented system, continued to improve as
gross domestic product (GDP) grew by 6 percent. Per capita GDP grew to
$650. The Government made a major effort to privatize medium and large
enterprises through a mass privatization program using vouchers to
involve the public as much as possible in the transfer of ownership.
Inflation dropped to under 5 percent, and unemployment was officially
estimated at 18.6 percent, although observers suspect it is considerably
higher.
The Government generally respected the human rights of its citizens, but
serious problems remain. Principal abuses include security force
beatings of citizens, prolonged pretrial detention, poor prison
conditions, occasional restrictions on freedom of speech and the press,
limitations on freedom of assembly and association, and discrimination
and violence against women. The judiciary is subject to political
pressure. The September removal of the Chief Justice of the Cassation
Court appeared to be unconstitutional and politically motivated. Also
in September the Government adopted a comprehensive lustration law that
bars a broad range of Communist-era officials from public office until
2002.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
The 1994 deaths in police custody of Enrik Islami and Irfan Nano were
investigated by the authorities. In the Islami case, charges have been
brought against six prison guards. A criminal case continues against
the two police officers accused in Nano's death.
b. Disappearance
There were no reports of politically motivated disappearances.
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 for penalties for those found
guilty of abuse. However, members of the security forces continued to
beat detainees. The Albanian Helsinki Committee (AHC) and Amnesty
International (AI) have received reports of police mistreatment of
citizens. Some cases were reported by AI to be politically motivated
and directed against Socialist Party activists. AI reported that Afrim
Sula, a leader of the Youth Forum of Eurosocialists of Albania, was
detained and beaten by police on January 15 on his way home from an
authorized meeting of the Socialist Party in Tirana. Sula was
reportedly beaten again on April 14, along with three other Socialist
Party members, after meeting in a private cafe.
Other incidents appeared to be random mistreatment of ordinary citizens
and are described in numerous press accounts. On two occasions foreign
diplomats were chance witnesses to the mistreatment--by punching,
slapping, and kicking--of persons by security forces. The Interior
Ministry reported that it investigated cases of police abuse where
complaints were lodged. However, it was unable to provide detailed or
up-to-date information on several specific cases. Therefore it is
difficult to assess the seriousness with which police officials pursue
cases of mistreatment.
Prison conditions do not meet internationally accepted minimum
standards. Of particular concern are the incarceration of juvenile
suspects and convicts under the age of 18 with older inmates and the
resulting allegations of sexual abuse of minors by older prisoners.
Those sentenced for minor crimes are often imprisoned together with
violent offenders. There are no statutes which define the rights or
obligations of prisoners, nor are there rules governing prisoners'
behavior. The AHC, which monitors prison conditions and reports on them
to its parent organization, also noted that hygienic conditions in the
prisons are extremely poor, and prisoners often experience difficulties
receiving visitors, mail, and newspapers. The AHC deemed health and
sanitary conditions potentially life threatening at certain prisons,
including a pretrial detention center, and asked that they be shut down
if conditions were not improved.
d. Arbitrary Arrest, Detention, or Exile
New penal and penal procedures codes entered into force in 1995. The
new Penal Procedures Code mandates improved rights for detained and
arrested persons. According to the new code, a police officer or
prosecutor may order a suspect into custody. Detained persons must be
immediately informed of the charges against them and their rights, and,
if detained by the police, a prosecutor must be notified immediately.
Within 48 hours from the time of arrest or detention a court must
decide, in the presence of the prosecutor, the suspect, and the
suspect's lawyer, the security measures to be taken. Legal counsel must
be provided free of charge if the defendant is 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. House arrest
may also be used. If the court fears that the accused may leave Albania
prior to trial or is a danger to society, it may order pretrial
confinement.
The new Penal Procedures Code requires that pretrial investigations be
completed within 3 months. However, the prosecutor may extend the
investigatory period by 3-month intervals in especially difficult cases.
The accused and the injured party have the right to appeal these
extensions to the district court.
Detainees in criminal cases are often denied contact with their families
during the investigative phase. AHC protested the case of Ms. Teuta
Ceken, the mother of two children, arrested for embezzlement and held in
pretrial detention for 14 months. In this case, the General Prosecutor
reportedly approved repeated extensions of the 3-month investigative
phase. According to the Minister of Justice, Ceken was finally
transferred to house arrest in March while a protracted
investigation, involving several other defendants, continued. Another
individual was detained for 19 months before charges were filed in
August.
The Government does not employ exile as a form of punishment or
political control.
e. Denial of a Fair Public Trial
The Law on Major Constitutional Provisions provides for an independent
judiciary, but the judiciary is hampered by political pressures,
insufficient resources, inexperience, patronage, and corruption.
Albania introduced new civil, penal, penal procedures, and labor codes
during the year.
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. The Court of Cassation (also known as the high
court or Supreme Court) hears appeals from the Court of Appeals, while
the Constitutional Court reviews those cases requiring interpretation of
constitutional legislation or acts.
Parliament has the authority to appoint and dismiss judges of the
Constitutional Court (9 members) and the Cassation Court (currently 10
members). These judges may be dismissed only for mental incompetence or
conviction for a serious crime. Constitutional Court justices serve 12-
year terms, while Cassation Court judges are elected for a renewable
term of 7 years. The Supreme Judicial Council, which is headed by the
President of the Republic, appoints and dismisses all other judges.
According to its internal statute, the Supreme Judicial Council has
broad powers to fire, demote, transfer, and otherwise discipline
district and appeals court judges for incompetence, commission of a
serious crime, or questionable morality. This assumption of broad
authority by the Supreme Judicial Council subjects the courts to direct
control by the executive branch. Judges were not always notified in
advance of disciplinary proceedings against them and often not given the
opportunity to present facts in their defense.
Prosecutors are also appointed by the Parliament on the recommendation
of the President of the Republic and serve at the pleasure of the
Supreme Judicial Council. Many judges and prosecutors who held ranking
positions during the previous regime have been removed, and their
replacements often lacked legal training and experience. A former
member of the Council stated that judicial nominations were often
motivated by purely political considerations with no regard to
professional qualifications. AHC expressed concern that, of 40 persons
nominated for judgeships by the Supreme Judicial Council in 1995, 16
were still in the process of obtaining their legal degrees by
correspondence. Status as former political prisoners or descendants of
politically persecuted families sometimes constituted an additional
consideration in nominating judges. The majority of nominees had very
little legal experience after obtaining their law degrees. As state
employees, judges are poorly paid, and it is widely believed that
corruption is prevalent in the courts.
The judicial branch came under significant pressure in 1995 from
executive and parliamentary attempts to limit its authority. Under the
Law on Major Constitutional Provisions, the Justice Ministry has
responsibility for the budget and administration of the court system and
sought to use this control to achieve its policy goals. In September
the Justice Ministry fired three administrative employees of the Court
of Cassation, reportedly for their roles in the previous Communist
regime, and sent a contingent of police to surround the court and
prevent the fired employees from entering.
Later that month, Parliament removed the Chief Justice of the Cassation
Court, Zef Brozi, upon the President's request, even though he had not
been convicted of a serious crime. In a February vote, also requested
by the President, Parliament failed to remove Brozi. In the September
vote, some members of Parliament who were recorded as having voted for
Brozi's removal stated that they were not in the building at the time of
the vote, raising the question of whether there was in fact a quorum
when the vote was taken on the removal measure. Many Albanian and
international observers charge that Brozi's actions did not provide
legal grounds for removal and that the vote against Brozi was motivated
by political reasons, including Brozi's attempt to reopen the Fatos Nano
case. In a December report, the European Commission for Democracy
Through Law of the Council of Europe, referring to the judiciary in
general, stated that "it has been unable to satisfy itself that judges
in Albania feel themselves free to arrive at their decisions without
fear of negative consequences for their professional life."
The Law on Fundamental Human Rights and Freedoms provides for the right
to a fair and speedy trial. It also mandates public trials, except in
cases where the interests of public order or morality, national
security, the private life of the parties, or justice require
restrictions. 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 law does not specify
any time period within which the Court of Appeals or the Court of
Cassation must hear appeals.
The shortcomings of the judicial system are illustrated by the case of
Fatos Nano, a former prime minister, current chairman of the Socialist
Party, and a potential contender for the
presidency. Nano's case was handled by inexperienced, poorly trained,
and underfunded investigators, prosecutors, and judges in a highly
charged political atmosphere.
Nano was arrested on July 30, 1993, and charged with abuse of power and
falsification of official documents in connection with emergency
humanitarian aid delivered by Italy in 1991. The case was based
partially on the allegation that the Italian company which delivered the
aid had shortchanged the Italian Government and its intended
beneficiaries by charging more than was justified. It was not alleged
that Nano benefited financially in this malfeasance. Nano was sentenced
on April 3 to 12 years' imprisonment for embezzlement of state funds for
a third party and for falsification of documents. On May 26, 1994, the
Appeals Court confirmed this decision and on July 28 the Cassation Court
upheld the decisions of the previous courts. Meanwhile, amnesties have
reduced Nano's sentence to less than 5 years.
In a review of Nano's arrest and trial in late 1994, the Inter-
Parliamentary Council of the Inter-Parliamentary Union reported its
serious doubts over the soundness of the judgment against Nano, citing
both procedural and evidentiary shortcomings. The report called on the
Government to review the case. The Council of Europe noted its concerns
about the case during its July admission of Albania.
Both AI and AHC have called for Nano's release. Although the numerous
procedural and evidentiary deficiencies in the case are not sufficient
to dismiss all the evidence against him, many observers believe that
Nano was incarcerated because he was President Berisha's principal
political opponent.
f. Arbitrary Interference with Privacy, Family, Home, and
Correspondence
The Law on Fundamental Human Rights and Freedoms provides for the
inviolability of dwellings and the individual person, as well as the
privacy of correspondence. There have been credible, widespread
allegations by individuals and opposition parties of government-
sanctioned tampering with correspondence and wiretapping.
The Government has considered plans to open the files of the Sigurimi
(the former secret police of the Communist regime), and Parliament
passed a law permitting the files to be made available to a governmental
commission charged with investigating future candidates for elective and
appointive office under the lustration law. Senior government officials
have indicated that not all the files are intact, and some may have been
tampered with in the final days of the Communist regime and during the
chain of custody since then. The AHC is concerned that information from
the files may have been used for political purposes and protested the
lack of legislation on their disposition.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Law on Fundamental Human Rights and Freedoms provides for freedom of
speech and the press. In practice, however, the Government sometimes
restricted freedom of speech, including the freedom to criticize the
Government and its officials. Laws against slander, insult, incitement
to national hatred, and distribution of anticonstitutional literature
were used to prosecute persons, including journalists, for criticizing
officials.
A 1993 press law sets out large fines for publishing material that the
Government considers secret or sensitive, permits confiscation of
printed matter or property by judicial order, and allows for criminal
punishment under certain circumstances. The media and AHC continue to
denounce the press law as being too imprecise and too harsh for a
country with poorly developed legal institutions.
In an interview, Ilir Hoxha, son of the former dictator, referred to
demonstrators who toppled his father's statue in Tirana as "organized
bands of vandals." He further characterized as "thieves and cowards"
those who dug up the grave of his father in the heroes' cemetery. He
refers by name to the "blind tools" who condemned his mother, Enver
Hoxha's wife Nexhmije, including current democratic leaders. He added
that "...the day will come when they will be asked to account for their
conduct because we demand this.... This is not for revenge, but to put
justice in its place." For these statements, he was sentenced to 7
months' imprisonment.
Opposition parties, independent trade unions, and various societies and
groups publish their own newspapers. Some 250 newspapers and magazines
appear on a regular basis. Three newspapers in the Greek language are
published in southern Albania. Taxes on publications, in addition to
increases in printing costs, make it difficult for independent media to
be economically viable without subsidies from patrons, such as political
parties, social organizations, or private businesses. Some journalists
believe that the Government is using taxes as a deliberate means to
cripple the independent and opposition press.
Government officials invoked libel laws and the Press Law against
several editors and journalists. Human Rights Watch/Helsinki and the
Committee for the Protection of Journalists protested the cases of
Blendi Fevjiu, editor of the Democratic Alliance Party's daily
"Aleanca," and Gjergj Zefi, a Democratic Alliance Party official and
editor of "Lajmeteri," who were both convicted of libel for articles
that they wrote about official corruption. Zefi has been prohibited
from publishing articles or holding public office for one year. Fevziu
was given a $2,000 fine, but was pardoned December 8 by President
Berisha. Two other journalists were detained by police, questioned, and
released in connection with stories they were covering. AHC protested
SHIK's detention in June of Filip Cakuli, editor of the satirical weekly
"Hosteni," and journalist Naim Naka, who were held for 12 hours until
they agreed to change the cover of an upcoming issue. On November 1, a
bomb exploded on the doorstep of "Koha Jone" publisher Nikolle Lesi. No
one was hurt, and the perpetrators have not been found.
Only state-run radio and television provide domestic programming, but
many municipalities offer international programs received via satellite.
Home satellite dishes abound and most Albanians, even in impoverished
areas, have access to international broadcasts.
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 interest of
the ruling Democratic Party. Television's progovernment bias,
particularly acute during the November 1994 constitutional referendum
campaign, eased somewhat in 1995 with the inclusion of more coverage of
opposition activities and views. Debates between government and
opposition figures were more frequently aired. The director of state
radio and television was replaced by an individual considered by many
observers to be more impartial than his predecessor. Local radio in
southern Albania broadcasts some Greek-language programming, with its
content translated directly from Albanian-language reporting. The AHC
continued to express concern over the lack of legislation covering
electronic media ownership and broadcasting.
AHC protested government infringement of academic freedom in the case of
eight educators fired from the economics faculty of the state-controlled
University of Tirana. The educators were fired under an amendment to
the Labor Code which permits the release of employees accused of
obstructing democratic and economic reforms. AHC argued that all of the
educators were professionally capable and had received training abroad
in Western institutions. AHC characterized their collective firing as
colored by political, not professional, motivations.
b. Freedom of Peaceful Assembly and Association
The Law on Fundamental Human Rights and Freedoms provides for the right
of peaceful assembly. However, the Government places some limitations
on the right of assembly and association. 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. The authorities generally grant requests for meetings, although
police sometimes require a change of date or venue. The Socialist Party
and other opposition parties have complained that local authorities
frequently discriminate against them by delaying or denying permission
for meetings in public places. Some opposition parties have claimed
that meetings of their representatives with constituents in private
dwellings were prevented by police who insisted on being notified of all
such gatherings in advance, regardless of venue.
The Law on Fundamental Human Rights and Freedoms states that "no one may
be denied the right to collective organization for any lawful purpose."
Any organization, including a political party, must apply to the
Ministry of Justice for official certification. It must declare an aim
or purpose that is not anticonstitutional or contrary to law, and it
must describe its organizational structure and account for all public
and private funds it receives. The Ministry of Justice denied such
certification to the Party of the Democratic Ideal, using the argument
that the party's program "is no different from the programs of other
parties....it is not likely that the problems in these areas (economic
and political) will be solved with other alternatives outside of those
of the parties already registered in any fundamental way." The Party of
the Democratic Ideal availed itself of the right to appeal this decision
to the Court of Cassation, where the case is pending.
c. Freedom of Religion
The Law on Fundamental Human Rights and Freedoms states that "the
freedom of thought, conscience, and religion may not be violated.
Everyone may freely change their religion or beliefs and may manifest
them alone or in community with others, and in public or in private
life, in worship, teaching, practice, and observance." The Government
respects these provisions in practice.
The majority of Albanians are secular in orientation after nearly 25
years of rigidly enforced atheism. The largest traditional religious
group are Muslims, who follow a moderate form of Sunni Islam. The Roman
Catholic and Albanian Autocephalous Orthodox churches are the other
large denominations. The Albanian Orthodox church split from the Greek
Orthodox church earlier in the century, and there is a strong
identification with the national church as distinct from the Greek
church. Priests from Greece augment the indigenous clergy of the
Albanian Orthodox church to serve Greek-speaking congregations primarily
in southern Albania. A seminary training priests for the Albanian
orthodox church graduated 28 persons in 1995, 21 of whom were
immediately ordained to the priesthood. Foreign clergy, including
Muslim clerics and Christian missionaries, freely carry out religious
activities. Until year's end, the Government required that Greek
citizens have a visa to enter Albania. The Orthodox church complained
that the Government did not grant visas to a sufficient number of Greek
priests to come and minister to the needs of the Orthodox community.
A religious affairs section in the Council of Ministers 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 December President Berisha
announced that buildings belonging to the Orthodox Monastery of
Ardenitsa would be returned to the Orthodox Church, and negotiations
began to effect this transfer. President Berisha has pledged the return
of property belonging to religious communities and has asked Parliament
to pass a law specifically addressing religious property. Meanwhile,
the Government treats all religious communities the same as other former
owners of large properties, who, according to the 1991 Law on Property,
are not guaranteed full restitution of lands.
In addition, a number of religious icons, objects, and archives have not
been returned to religious communities, especially the Albanian Orthodox
Church, and remain in state hands. The Government indicated its
willingness to return these objects once the religious communities can
ensure their security as cultural objects of value to the entire nation.
The Albanian Orthodox Church claimed that it that it already has the
means to protect the objects better than the Government and continued to
demand their return. The Government has stated that it has returned
copies of all seized religious archives to the religious groups and
permitted unrestricted access to the originals pending their final
disposition.
A small but growing Protestant evangelical community desires official
government recognition and representation in the religious affairs
section in the Council of Ministers. A Protestant umbrella
organization, the Albanian Evangelical Alliance, has complained that
Protestant groups have encountered administrative obstacles to building
churches and obtaining access to national media which it believes are
the result of religious prejudice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
There are no restrictions on freedom of movement within the country.
Albanian-born citizens of all foreign countries are eligible to apply
for dual citizenship. Since the downfall of the Communist regime,
hundreds of thousands of economic migrants have left Albania. Albanians
who fled the country during the Communist dictatorship have been
welcomed back, and their citizenship has been restored.
There was no significant influx of refugees and the Government has no
formal refugee policy. There was, however, a significant transit of
refugees, especially from the Middle East and Asia, headed for Europe.
None were forcibly expelled who had a valid claim to refugee status.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Law on Major Constitutional Provisions states that citizens have 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 next elections are not
required before mid-1996. In September Parliament passed a broad
lustration law that bars former politburo or central committee members,
government ministers, and district party secretaries who served before
March 1991 from holding elective or appointive office until 2002. The
law also excludes from political life members of the Sigurimi and
persons who denounced others at "political" trials during the Communist
era. AHC criticized the law, arguing that it circumvents due process
and infringes on the right to elect and to be elected by disqualifying
an entire class of people from political life.
An implementing law passed by Parliament in November mandated the
creation of a commission, chaired by a deputy selected from the
Parliament and consisting of representatives of various government
ministries, responsible for vetting all those seeking elective and high
appointive positions and excluding those who closely collaborated with
the Communist regime. This commission is to have access to the archives
of the Sigurimi. Some opposition politicians criticized this law for
calling for a narrow, government appointed, rather than a broad,
Parliamentary appointed, commission. They also criticized an article in
the law, whereby government ministers may ask for exceptions to some
articles of the law for "special cases," as favoring ruling party
politicians.
Although there are no legal impediments to their participation, women
are underrepresented in politics and government. To date few women have
competed for elective office, and only eight women serve in Parliament,
reflecting the traditional male-dominated society. In the Government, 1
minister and 1 deputy minister are women, and 3 women serve on the 10-
person Court of Cassation.
The 1992 Law on Political Parties bars the formation of parties on an
ethnic or religious basis. The Unity for Human Rights party, founded by
ethnic Greeks, won a majority of elected positions in parts of three
southern Albanian districts (Saranda, Gjirokaster, and Delvina). There
are six ethnic Greek members of Parliament, two of whom represent the
Unity for Human Rights party. The governors of three southern
districts, as well as the mayor of one large southern town, are ethnic
Greeks.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government generally permitted various human rights and related
organizations to function freely. Some groups complained of government
failure to respond to written requests for information or data that
would normally be considered of a public nature. AHC, the major human
rights watchdog organization, took a more active role in defending human
rights in certain areas. In 1995 it addressed the issues of prison
conditions, the disposition of Sigurimi files, the Greek minority,
police abuses, and judicial independence. The AHC's work was impeded by
a lack of basic equipment, including computers, copiers, and vehicles.
AHC officials reported no serious governmental obstacles to their work,
but complained of occasional personal attacks in the ruling Democratic
Party newspaper, Rilindja Demokratike. A second human rights
organization, the Albanian Human Rights Documentation Center, was
established in 1995 and was active in several areas, including the
preparation of human rights educational materials that were being used
by elementary and secondary schools starting with the 1995 school year.
An independent Albanian group, the Society for Democratic Culture,
continued its efforts on civic education and women's issues.
Delegations from the International Helsinki Federation, National
Helsinki Commissions, the Council of Europe, and the Office of the High
Commissioner for National Minorities of the Organization for Security
and Cooperation in Europe (OSCE) made several visits, during which they
conferred with political officials and representatives of the ethnic
Greek minority.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Law on Major Constitutional Provisions prohibits discrimination
based on sex, race, ethnicity, language, or religion, but women and some
minority groups complained of discrimination in practice.
Women
The situation of women improved somewhat thanks to the efforts of
several women's groups to educate women about their rights. Spousal
abuse continued to be common, but several abused women filed and won
court cases in 1995. Police are seldom called to intervene, and women
rarely bring charges against their spouses. The major political parties
have women's organizations. Several independent women's rights
organizations operate freely and are dedicated to educating women about
their rights, providing counseling services, and monitoring draft
legislation.
Women are not restricted, either by law or practice, from any
occupations but do not typically rise to the top of their fields. The
Labor Code mandates equal pay for equal work. While no data are
available on whether women receive equal pay for equal work, public
sector wage scales are based on rank and duties, not gender. Women's
groups did not complain of wage discrimination in the large public
sector nor in the growing private sector. According to government
statistics, 21 percent of judges and 22 percent of medical personnel are
women. Although women enjoy 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.
Children
The Government's commitment to children's rights and welfare is based on
domestic law and international agreements. Attendance at school is
mandatory through the eighth grade, and the Government has adopted
measures to discourage truancy. Governmental and nongovernmental
organizations have not identified child abuse as a problem. However,
there were numerous reports of children being sent to Italy and
elsewhere to work as beggars and prostitutes. This traffic is
reportedly conducted by organized criminal elements. The Government has
coordinated with other governments in the region to address this
problem.
People with Disabilities
Widespread poverty and the poor quality of medical care account for a
large number of disabled persons. Disabled persons are eligible for
various forms of public assistance, but budgetary constraints limit the
amount received. The public care section of the Ministry of Labor and
Social Welfare, established in 1993, has set up a network of social
service administrators throughout the country whose goal is to improve
the quality of services to disabled persons and promote social
integration rather than institutionalization. There is no law mandating
accessibility to public buildings for people with disabilities.
National/Racial/Ethnic Minorities
While no recent official statistics exist regarding the size of the
various ethnic communities, ethnic Greeks are the most organized and
receive the most attention and assistance from abroad. The ethnic Greek
population is concentrated in the south and numbers perhaps 80,000,
although some estimates go much higher. Vlach (Romanian-speaking) and
Romani communities are also present. Small ethnic Macedonian and
Serbian villages exist in the northern and eastern parts of the country.
The OSCE High Commissioner for National Minorities visited Albania once
in 1995. A Special Advisor for Minority Affairs in the Office of the
Prime Minister coordinated legislation affecting minorities, including a
new preuniversity education law passed in June which permits
establishment of private schools using minority languages.
Greek-language education remained the single most important concern of
the ethnic Greek minority. Mother-tongue education has been integrated
in bilingual schools in areas where a significant percentage of the
population belongs to a minority. The Government has offered
supplementary classes for learning the Greek language anywhere in the
country, provided that the requisite number of students exists. The
Government has made buses available to take children from towns where
there are reportedly not sufficient ethnic Greek students to nearby
villages where Greek-language schools function.
Bilingual education is provided to approximately 3,400 ethnic Greek
students at 46 primary schools and a similar number of 8-year schools in
the districts of Gjirokaster, Delvina, and Saranda. According to
government information, 400 qualified ethnic Greek teachers are employed
at these schools, some of which have classes of fewer than 5 students.
Starting in 1995, Greek-language classes were also made available in
several high schools in the minority area. In addition, bilingual
education is provided to approximately 600 students in ethnic Macedonian
villages. A Greek-language high school operates in Gjirokaster, and the
Eqerem Cabej University of Gjirokaster has a department of Greek studies
with 40 students. The curriculum in Greek-language classes is the
Albanian state program translated into Greek and taught by ethnic Greek
instructors.
Greek minority leaders have called for the reopening of first grade
classes in the towns of Gjirokaster, Saranda, and Delvina where classes
had started in 1991 only to be closed by government order in 1993.
Minority leaders argue that sufficient numbers of ethnic Greek students
live in those towns to justify opening classes; the Government
disagrees. There is no independent confirmation of the facts. In
September Albania and Greece agreed to discuss these issues in a
bilateral commission. This had not yet occurred at year's end.
Roma were subject to particularly harsh official persecution during the
Communist dictatorship. Their leaders state that the situation of the
community greatly improved with the advent of democratic government.
They had no complaints of either official or societal discrimination.
The community publishes a monthly newspaper in both the Albanian and
Romani languages. There were no reports of violence specifically
directed against Roma, although they are often treated with disdain by
ethnic Albanians.
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) acts as
the umbrella organization for a number of smaller unions. A separate,
rival federation continued to operate in close cooperation with the
Socialist Party. There are also some independent unions not affiliated
with either federation. The private sector employs more than 650,000
workers, mostly in agriculture, small shops, enterprises, and
restaurants, but very few have formed unions to represent themselves.
According to the Law on Major Constitutional Provisions and other
legislation, all workers, with the exception of uniformed military,
police, and some court authorities, have the right to strike. The law
forbids strikes that are openly declared to be political, or so judged
by the courts. Several local strikes took place in 1995. Some involved
employees of state-owned enterprises that were in the process of being
privatized. All were deemed legal, and none resulted in violence or
police action.
Labor federations are free to maintain ties with international
organizations.
b. The Right to Organize and Bargain Collectively
Citizens in all fields of employment, except uniformed members of the
armed forces, police officers, and some court employees, have the right
to organize and bargain collectively. In practice, unions negotiate
directly with the Government, since only limited 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.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Law on Major Constitutional Provisions and the Labor Code prohibit
forced labor, and there were no cases reported.
d. Minimum Age for Employment of Children
The Labor Code sets the minimum age of employment at 14 years and limits
the amount and type of labor that can be performed by persons between
ages 14 and 18. Working conditions for those over age 16 are covered in
the Labor Code. The Ministry of Labor enforces the minimum age
requirement through the courts. In rural areas, children continue to be
called on to assist families in farm work.
e. Acceptable Conditions of Work
The minimum wage for all workers over age 16 is approximately $35 (3,300
lek) per month, which is not sufficient to sustain a family with one or
more children. Most workers must find second or part-time jobs to
supplement their incomes or rely on remittances from family members
residing abroad. Current law guarantees social assistance (income
support) and unemployment compensation. The average monthly wage for
workers in the public sector is about $60 (5,817 lek). No data are
available for private sector wages but the average wage is thought to be
higher in the private sector than in the public sector.
Workers are limited by law to a 48-hour workweek; the Council of
Ministers must approve exceptions. 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 industries, most of which the
Government is in the process of privatizing. In those industries which
are functioning, health and safety conditions are generally very poor.
The new Labor Code, adopted in 1995, spells out the obligations of
employers and their employees with regard to workplace safety. However,
the law does not provide specific protection to workers who choose to
leave the workplace for fear of hazardous conditions.
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[end of document]
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