Black Chronicles in the Right for Occupational Safety and Health: An Albanian Case Report
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Klea Vyshka, Department of Law, Economics and Governance, Faculty of Law, Utrecht University, Utrecht, The Netherlands.
This paper discusses the right for occupational safety and health in the Albanian reality of present days. Focusing especially in a tragic work related accident involving a minor we will try to shed some light in the Albanian state’s responsibilities enshrined in local and international human rights instruments. Albeit Albania has ratified an important bulk of international covenants and treatises, including those aiming at safeguarding minor’s rights and regulating occupational safety issues, it seems that the implementation is full of breaches. A better awareness of local and international tools and a proactive position of state mechanisms will help prevent further abuse, and eventual lethal accidents at work, whose probability is much higher when minors and untrained personnel is illegally employed.
Occupational Safety, Work Accidents, Minors, Health, Work
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The Council granted the candidate status to Albania in June 2014 after the Commission’s report on the country’s progress in the fight against corruption and organized crime and in the judicial reform COM (2014) 331 final.
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COM 331 final, page 2 (2014).
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The Republic of Albania ratified the Convention on the Rights of the Child in February 1992 and the entry into force was effectuated on 28 March of the same year. However, the lack of political will of the government has brought about the lacking of its implementation, resulting as such in massive violations on children’s rights. For more on this topic, see the report of Children’s Human Rights Centre of Albania (CRCA), August 2004. The incident as well raised the ever long existing problems of media censorship, since journalists that were investigating got fired and a documentary dedicated to this never saw the light of transmission in a television, but only through internet. The thorough documentary by Artan Rama, Kodrina e Vdekjes. Available from https://www.youtube.com/watch?v=xMW6_Gn2VXo [21/05/2017].
[4]
Indeksi Online, Available from: http://m.indeksonline.net/lajmet/ [21/05/2017].
[5]
Lajmi.net, Available from: http://lajmi.net/ [21/05/2017].
[6]
Albeu, 17-year-old boy was killed in his sleep. Available from: http://english.albeu.com/news/news/17-year-old-boy-was-killed-in-his-sleep/255242/ [21/05/2017].
[7]
France 24 report, In Albania, controversy over recycling foreign waste that could mean big business. Available from: http://www.france24.com/en/20161221-focus-albania-waste-recycling-import-environment-garbage [21/05/2017].
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For live testimonies consult Artan Rama, Kodrina e Vdekjes. [21/05/2017].
[9]
Amnesty International 2015/16 annual report, Albania. Available from https://www.amnesty.org/en/countries/europe-and-central-asia/albania/report-albania/ [21/05/2017].
[10]
United States Department of State, Bureau of Democracy, Human Rights and Labor, Country Reports on Human Right Practices for 2015, Albania pp. 27-29.
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For an analysis on how the State Labour Inspectorate works, see International Labour Organization, Labour Inspection Structure and organization. Available from: http://www.ilo.org/labadmin/info/WCMS_112487/lang--en/index.htm [21/05/2017]; or see Law no. 10.433, dated 16.6.2011 for Inspection in the Republic of Albania.
[12]
United States Department of State, Bureau of Democracy, Human Rights and Labor, Country Reports on Human Right Practices for 2015, Albania p. 28-29.
[14]
Statement available at Artan Rama, Kodrina e Vdekjes [21/05/2017].
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Illustration of the process available at Artan Rama, Kodrina e Vdekjes. [21/05/2017].
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Law No 7961, dated 12.07.1995; Code of Labour of the Republic Of Albania; article 101.
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Law No. 10237 of 18 February 2010 on Safety and Health at Work; Articles 25, 27, 30.
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Law No. 10237 of 18 February 2010 on Safety and Health at Work; Article 9.
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Statistics and data for Albania can be found at International Labour Organisation, Albania. Available from: http://www.ilo.org/gateway/faces/home/ctryHome?locale=EN&countryCode=ALB&_adf.ctrl-state=60rgor0o9_4 [21/05/2017].
[20]
See International Labour Organization, Labour Inspection Structure and organization. Available from: http://www.ilo.org/labadmin/info/WCMS_112487/lang--en/index.htm under headline: Current Reforms [21/05/2017].
[21]
UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III).
[22]
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171 and UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 16 December 1966, United Nations, Treaty Series, vol. 993, pg. 3.
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For instance, Articles 23, 24, and 25 of the Universal Declaration of Human Rights lay out in specific terms the fundamentals of the rights to work, to employment, to join a trade union, to protection against unemployment, to rest and leisure, even to periodic holidays with pay, and rights to remuneration that ensure one’s family an existence worthy of human dignity.
[24]
See “The Occupational Safety and Health Convention”, 1981 (No. 155); and “The promotional Framework for Occupational Safety and Health Convention”, 2006 (No. 187).
[25]
ILO Constitution, (1919) “Whereas universal and lasting peace can be established only if it is based upon social justice; And whereas conditions of labour exist involving such injustice; hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled; and an improvement of those conditions is urgently required; as, for example,... the protection of the worker against sickness, disease and injury arising out of his employment.”
[26]
C155 - Occupational Safety and Health Convention, 1981 (No. 155) and P155 - Protocol of 2002 to the Occupational Safety and Health Convention, 1981.
[27]
ILO report on the World Day for Safety and Health at Work, 28 April 2009, Available from http://www.ilo.org/public/portugue/region/eurpro/lisbon/pdf/28abril_09_en.pdf [21/05/2017].
[28]
Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950.
[29]
Dorssemont F. and Lörcher K. The European Convention on Human Rights and the Employment relation, in the Labour Law Research Network Inaugural Conference, Pompeu Fabra, June 2013.
[30]
Sychenko E. Individual Labour Rights as Human Rights: The Contributions of the European Court of Human Rights to Worker’s Rights Protection, by Kluwer Law International, 2017.
[31]
Case Brincat and others v. Malta [60908/11 et al.] Judgement of ECtHR, 24.07.2014.
[32]
Case Pereira Henriques v. Luxembourg [60255/00] Judgement of ECtHR, 09.05.2006.
[33]
Case Howald and others v. Switzerland [52067/10 and 41072/11] Judgement of ECtHR, 11.03.2014.
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Case López Ostra v. Spain [16798/90] Judgement of the ECtHR, 09.12.1994.
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Case Oneryildiz v. Turkey [48939/99] Judgement of the ECtHR, 18.06.2002.
[37]
Case Brincat and others v. Malta [60908/11 et al.] Judgement of ECtHR, 24.07.2014, para. 112.
[38]
Case Demir and Baykara v. Turkey [34503/97] Judgment of ECtHR, 12.11.2008.
[39]
See in this respect above all ECtHR 11 January 2006, Sorensen and Rasmussen v. Denmark, nos. 52562/99 and 52620/00, paragraph.
