Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/albania.txu

Text File | 1996-01-03 | 12KB | 262 lines

TITLE:  ALBANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995



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 1996.
Independent observers of local elections in June in several
towns noted some irregularities in the composition of election
committees and the registration of voters.  They also cited
several examples of improper behavior at polling places by
ruling and opposition party members but did not call the
election results into question.

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.

There are no legal impediments to the participation of women in
politics or government, although 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, 2 Deputy Ministers and 7 of the 140 members
of Parliament are women.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Albanian Helsinki Committee (AHC), the major human rights
watchdog organization, took an active role in defending human
rights in certain areas, particularly the rehabilitation of
former political prisoners, support for freedom of the press,
and protests against police abuses.  It was criticized,
however, by the International Helsinki Federation and
individual Helsinki representatives from other countries for a
lack of aggressiveness and perceived close association with the
ruling Democratic Party.  In October the AHC replaced key
officers in scheduled elections.  In response to a specific
criticism, it began investigating the human rights situation of
the ethnic Greek minority in Albania.  In 1994, it also
addressed the issues of former Sigurimi (secret police) files,
judicial protection for citizens, and prison conditions.  The
AHC's work was impeded by a lack of basic equipment, including
computers, copiers, and especially, usable vehicles.  An
independent Albanian group, Society for Democratic Culture,
monitored local elections and the constitutional referendum and
continued its efforts in civic education and women's issues.

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
1994, during which they conferred with political officials and
representatives of the ethnic Greek minority and visited
prisons, hospitals, and other state facilities.  The High
Commissioner was permitted unmonitored access to five ethnic
Greek members of Omonia in prison prior to their trial on
treason and weapons charges.  Observers from several human
rights organizations were permitted to monitor that trial in
August and September.  The Government did not penalize or
repress 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.  Women are not restricted, either by law or
practice, from any occupations but do not typically rise to the
top of their fields.  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 sex.  Women's groups
did not complain of wage discrimination in the large public
sector.  According to government statistics, 21 percent of
judges and 22 percent of medical personnel in Albania are
women.  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.  Women's organizations believe that domestic violence
against women is common, particularly in poor, rural families
and in poorly educated urban families.  Police are seldom
called to intervene in cases of family abuse, and women almost
never bring charges against spouses.  The major political
parties have women's organizations.  Two independent women's
rights organizations operate freely and are dedicated to
educating Albanian women about their rights, providing
counseling services, and monitoring draft legislation.

     Children

The Government's commitment to children's rights and welfare is
based on domestic law and international agreements.
Governmental and nongovernmental organizations have not
identified child abuse as a problem.

     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.  The size of the ethnic Greek minority is in
dispute; some estimate that there around 80,000 ethnic Greeks
residing in Albania, out of a total population of about 3.4
million.  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.  The number of Roma in Albania is estimated at
around 100,000.

The CSCE High Commissioner for National Minorities visited
Albania four times in 1994, traveling to the areas of greatest
ethnic Greek minority concentration three times.  In response
to his 1993 recommendation, the Government in January created a
special Office for Minority Affairs in the Office of the Prime
Minister.  The Special Advisor for Minority Affairs coordinated
legislation affecting minorities, including a new directive on
education published in August.

Greek-language education remained the single most important
concern of the ethnic Greek minority.  In the summer of 1994,
the Government published a new directive that mother-tongue
education be integrated in bilingual schools in areas where a
significant percentage of the population belongs to a
minority.  It also calls for supplementary instruction in the
mother tongue in other areas where a smaller number of minority
students are found.  Parents may request establishment of new
classes taught in the mother tongue, but the Ministry of
Education must give its approval.

Forty-six primary schools and the same number of 8-year schools
in the districts of Gjirokaster, Delvina, and Saranda provide
bilingual education to approximately 4,500 ethnic Greek
students.  In addition, bilingual education is provided to
approximately 500 students in ethnic Macedonian villages.  A
Greek-language high school operates in Gjirokaster, and the
Eqerem Cabej University of Gjirokaster has had a department of
Greek studies since 1993, with a total of 30 available places
in 1994.  The curriculum in Greek-language classes is the
Albanian state program translated into Greek, taught by ethnic
Greek instructors, and using Albanian textbooks translated into
Greek and published in Greece.

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 Roma languages.  No
specific violence is known to have been directed against them
in 1994.

(###)     People with Disabilities

Widespread poverty and the poor quality of medical care account
for a high number of disabled persons.  Disabled persons are
eligible for various forms of public assistance, but budgetary
constraints limit the amount of assistance.  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 with a goal 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.

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
Albanians, 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, all
workers, with the exception of uniformed military, police, and
some court employees, 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
1994.  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
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.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Law on Major Constitutional Provisions prohibits forced
labor, and there were no cases of forced labor reported.

     d.  Minimum Age for Employment of Children

The Law on Major Constitutional Provisions sets the minimum age
for employment at 14 years, and persons between the ages of 14
and 16 may work only 5 hours per day.  Working conditions for
those over 16 are not currently legislated but are covered in
the draft labor code.  The Ministry of Labor, Social Welfare,
and Formerly Persecuted Persons enforces the minimum age
requirement through the courts.  In rural areas, children
continue to be called on to assist families with farm work.

     e.  Acceptable Conditions of Work

The minimum wage for all workers over age 16 is approximately
$27 (2,400 lek) per month, which is not sufficient to sustain a
family with one or more children.  Most workers must find
second part-time jobs to supplement their incomes.  Current law
guarantees social assistance (income support) and unemployment
compensation.  The average monthly wage for Albanian workers in
the public sector is about $50 (4,500 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.

The workweek in state-owned enterprises is 40 hours.  Other
workers are limited by law to a 40- to 48-hour workweek, and
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.
In those enterprises which are functioning, health and safety
conditions are generally very poor.