THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD .... internet by children, as potential offenders could be in contact
STATE PARTY EXAMINATION OF ALBANIA’S INITIAL PERIODIC REPORT ON THE OPTIONAL PROTOCOL ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY 61TH SESSION OF THE COMMITTEE ON THE RIGHTS OF THE CHILD 17 SEPTEMBER 2012 – 5 OCTOBER 2012 Contents Opening Comments ............................................................................................... 1 General Measures of Implementation ..................................................................... 1 Prevention .............................................................................................................. 2 Prohibition and Related Matters ............................................................................. 2 Protection of the Rights of Victims .......................................................................... 3 Concluding Remarks .............................................................................................. 4
Albania ratified the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) on 5 February 2008. On 26 September 2012, the Committee on the Rights of the Child (the Committee) examined the initial periodic report of Albania.
Opening Comments The delegation of Albania was led by Mrs. Filloreta Kodra, Vice Minister of the Ministry of Labour, Social Affairs and Equal Chances. She was supported by a delegation consisting of representatives of the Ministry of Labour, Social Affairs and Equal Chances, the Ministry of Science and Education, the Ministry of Internal Affairs, and of the Permanent Mission of Albania to the United Nations Office in Geneva. Mrs. Kodra recalled the commitment of the government of Albania to improve child rights standards, which was reflected in the ratification of most of the United Nations human rights treaties, including the OPSC. Mr Cardona, speaking on behalf of the Committee, welcomed the ratification of the OPSC by Albania. He hoped that the State would soon ratify the third Optional Protocol to the CRC establishing a Communications Procedure.
General Measures of Implementation Legislation
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Acknowledging the existing provisions on irregular adoption and child labour, the Committee was concerned that the facilitation of international adoptions and forced child labour were not qualified as cases of sale of children and criminalised as such. The delegation indicated that the law on trafficking contained a provision criminalising the sale of children. The delegation also mentioned the Labour Inspectorate of Albania and reported that a survey on child labour had been conducted by the International Labour Organisation. The Committee also noted that the legislation was not in line with OPSC as the possession of pornographic materials had not been criminalised. Monitoring
The Committee asked which ministry was tasked with the monitoring and implementation of the OPSC. The role of non-governmental organisations
The Committee asked about the level of cooperation between State institutions and NGOs. It considered that the State should take ownership and fund these services, rather than delegate it to NGOs supported by international funding. The delegation indicated that the government had the will to start funding non-governmental organisations, which currently received international funding.
Prevention Border control
The Committee asked about measures taken regarding border control to identify unaccompanied children who were at increased risk of exploitation or trafficking. The delegation indicated that procedures had been adopted to prevent children from leaving the country on their own and proceed to their identification. In particular, children travelling alone were taken to a specific area while his or her details were checked, Border controls were linked to national registries and details of children were entered in the database. If children were identified as potential victims of trafficking, they were referred to special units on trafficking, including social workers. Border police units had been strengthened and were now provided with the appropriate technology Internet and cyber space
The Committee regretted the absence of measures take to address the use and risks of the internet by children, as potential offenders could be in contact with children using these technologies. It asked whether the access and possession of pornographic materials involving children, by individuals, had been criminalised by law. The Committee acknowledged the ratification of the Convention on Cybercrime by Albania but noted the absence of legislation on dissemination of child pornography.
Prohibition and Related Matters Legal entities
The Committee asked whether legal entities could be held accountable for crimes contained in the OPSC. NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD
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Organised crime
The Committee asked about measures to combat the involvement of organised criminal networks in OPSC-related crimes, including money laundering or corruption. It considered that those crimes might require coordinated immigration measures, anti-corruption units, money laundering officers and a specific law on the issue. The delegation reported the improvement of legislation on organised crime; it highlighted the action plan to fight trafficking, terrorism and organised crime, with cooperation between different law enforcement agencies. Sale of children
The Committee raised the issue of children forced to beg in the streets or forced to commit offenses. It asked about whether measures had been taken against individuals behind the trafficking of children and for the rehabilitation of victims. The delegation stated that the law on the Protection of Street Children was being enforced. An action plan had been prepared to coordinate actors dealing with those issues. Among the 84 cases identified, there were 16 cases of prosecution and six cases that had resulted in the prosecution of parents. Protection orders had been issued when the situation required it. Extradition
The Committee asked whether the OPSC in and of itself could be used as a legal basis for extradition. Extraterritorial Jurisdiction
The Committee asked whether double criminality was required in order to prosecute cases for crimes committed outside Albania. The delegation reported that a law on the jurisdiction of foreign authorities had been adopted in 2009.
Protection of the Rights of Victims Victim support
The Committee asked about protection and support for child victims of sale, prostitution and pornography. The delegation indicated that there was a standard procedure for the identification and referral of victims of trafficking, including children. Cases involving children were referred to the relevant bodies and children received free health coverage and special care. Multi-disciplinary teams working in shelters would conduct an evaluation of the situation and needs. Legal assistance, counselling, medical assistance and long-term accommodation were also provided and case-by-case follow up was carried out. Furthermore, joint trainings were conducted for police officers and municipal governments. The Committee asked whether all victims could be treated according to those standards or whether they were only applicable to victims of trafficking. It also asked what kind of rehabilitation programme had been adopted to prevent victims of prostitution from reengaging with this practice. Hearings and investigations
The Committee asked what the legal status of victims and witnesses was and whether they were entitled to special protection. It also inquired whether there were specific hearing procedures for children that would include a limitation of the number of times the child could
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be heard; the involvement of specially trained staff to conduct the interviews; and the use of audio and video materials. The delegation reported that child-friendly rooms with video recording facilities were used to interview so that they would not be questioned repeatedly. Police officers were trained on the use of these facilities and on the particular needs of child victims of abuse and trafficking. A full-time psychologist also worked within police centres to accompany children in these processes. Albania was currently working with non-governmental organisations and other countries to find best practices in this regard. The delegation indicated that witnesses could benefit from a special witness protection programme in which their specific needs were taken into account.
Concluding Remarks Mr Cardona, speaking on behalf of the Committee, thanked the delegation for a fruitful dialogue but regretted the absence of a representative of the Ministry of Justice as many questions, particularly on juvenile justice, had remained unanswered. While the government showed political will to implement the OPSC and the Committee’s concluding observations, Mr Cardona stressed the need for improvements in terms of implementation of the current legislative framework. Mrs. Kodra apologised for the absence of a representative of the Ministry of Justice and reiterated the political will of the government toward the achievement of a better life for Albanian children. Finally, Mrs. Kodra thanked the Committee for the informed dialogue.
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