Topic: std
Subject: Albania human rights report

        ALBANIA

Albania continued to struggle in its efforts to establish a
democratic society.  A new draft constitution was defeated in a
referendum in November with little hope that another version could be
approved before year's end.  Pending a new constitution, the Law on
Major Constitutional Provisions supplemented by the Law on
Fundamental Freedoms and Human Rights serves in its place.  President
Sali Berisha, elected by Parliament in 1992, continued his 5-year
term presiding over a coalition government dominated by the
Democratic Party.  Parliament adopted a new civil procedures code and
began consideration of draft penal and penal procedures codes.  The
Court of Cassation in June overturned the Minister of Justice's
refusal to register the Democratic Party of the Right, thus providing
for registration of a newly formed party of sharply differing views.

Local police detachments reporting to the Ministry of Interior (the
Ministry of Public Order prior to December 1994) are responsible for
internal security.  Police effectiveness in combatting violent crime
increased, but instances of police abuse continued.  The National
Intelligence Service (SHIK) has both domestic and external
intelligence gathering and counterintelligence functions.  There are
rumors, but no evidence, that SHIK exceeded its mandate.

Albania is a poor country with a largely agricultural economy.
Remittances from Albanians working abroad are the principal source of
foreign exchange.  The economy, in transition from a centrally
planned to a market-oriented system, continued to improve as gross
domestic product grew by over 8 percent.  Privatization of small and
medium enterprises continued at a slower pace than in 1993, but
privatization of large enterprises continued to be hampered by a
shortage of interested investors.  Inflation dropped to an annual
rate of around 18 percent, and unemployment remained at around 25
percent.

Significant human rights abuses remain.  Police continue to beat
detainees, sometimes causing deaths.  Five police officers arrested
for a fatal beating in 1993 were found guilty and sentenced to
imprisonment (see Section 1.a.), but in several instances alleged
abuses occurred without the perpetrators being punished.  Ethnic
tensions were exacerbated by the arrest of five members of the ethnic
Greek political organization Omonia on charges of treason and illegal
weapons possession and their sentencing to 6- to 8-year terms, which
were subsequently reduced on appeal.  Substantial procedural
shortcomings marred their arrest, the search of their homes and
offices, their detention, and their trial.  The Government restricted
freedom of the press by trying Albanian journalists for defaming
public officials and for revealing alleged state secrets.  The
President later pardoned those journalists.  Some restrictions remain
on freedom of assembly and association.  The ethnic Greek community
continued to complain of discrimination, particularly in education
and religious matters.

RESPECT FOR HUMAN RIGHTS

Section 1       Respect for the Integrity of the Person, Including
Freedom from:

        a.      Political or Other Extrajudicial Killing

There were no reports of political killings.  In January Irfan Nano
of Saranda died after police reportedly beat him while in custody.
The Albanian Helsinki Committee (AHC) protested his death.  Arrest
warrants were issued for two police officers believed responsible,
and the investigation was continuing at year's end.  On November 23,
Enrik Islami of Vlora died in police custody.  Islami had reportedly
been in prison for 17 months pending trial for murder.  The Vlora
prosecution opened an investigation into Islami's death, but no
arrests have been made.  Five police officers, accused of fatally
beating David Leka while in custody in August 1993, were found guilty
and sentenced to from 1 to 11 years in prison.

        b.  Disappearance

There were no reported 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 penalties for those found
guilty of abuse.  During September, the AHC investigated complaints
of mistreatment while in custody of Jani Stefan Magllara in Saranda
and Osman Curciali in Tirana.  The Minister of Public Order claimed
that, in both cases, the police sought to detain them in connection
with specific crimes.  When they forcibly resisted detention, police
used force against them.  Curciali filed a complaint of police
brutality, and the prosecutor opened an investigation, which was
continuing at the end of the year.  Amnesty International, Human
Rights Watch/Helsinki, and others protested the October 14 and 15
beatings of three members of the Gay Albania Society.  The three were
detained for allegedly engaging in homosexual acts, a practice which
is punishable by up to 10 years in prison under the Penal Code.  One
of the three detainees was beaten severely enough to require
hospitalization.  The Interior Ministry stated that no complaints of
mistreatment were filed in this case and therefore it initiated no
investigation.  On October 20, the AHC protested the mistreatment of
six members of the Keci family, three of them women, in police
custody in the town of Fushe-Kruja on October 17.  One of the men was
reportedly beaten severely enough to require hospitalization.  The
Interior Ministry reported that no complaints of mistreatment were
received and it undertook no investigation.

Four of the five ethnic Greek members of Omonia stated that, during
their detention before their trial for treason, authorities subjected
them to physical and psychological pressure, including beatings,
sleep deprivation, hate speech, and threats of torture.  The
Government rejected their claims (see Section 1.e.).

Albanian prison conditions do not meet internationally accepted
standards.  Of particular concern is the incarceration of minor
suspects and convicts (under the age of 18) with older inmates and
resulting 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.  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 none of these
problems life-threatening.

        d.      Arbitrary Arrest, Detention, or Exile

According to the Penal Code, a prosecutor or police officer may order
a suspect into "custody."  Those in custody may leave their
residences only with the approval of the prosecutor.  All accused
persons must be informed of the charges against them at the time of
detention and have the right to legal counsel, which will be provided
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, he may order an arrest.  Many suspects remain
in jail until their trial date, which, due to the backlog of cases
and shortage of attorneys, is often longer than 3 months.

Within 24 hours of 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 whether 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
court's decision in this matter.

In practice, the above procedures are often not followed.  Detainees
in criminal cases are often denied contact with their families during
the investigative phase, which, due to a heavy caseload and the lack
of trained investigators, may last several months.  The five ethnic
Greeks arrested and tried for treason all complained of lack of
access to their families for the first 3 months of the 4-month
investigation.  The AHC also investigated complaints that some
prisoners continued to be held virtually incommunicado even after
they were convicted in court and that the courts often failed to
respect the right of those arrested to appeal their arrest and
receive a hearing within 7 days of the arrest.

The Albanian system of justice does not employ exile as a form of
punishment or political control.

        e.      Denial of Fair Public Trial

The lack of a new penal code and constitution resulted in continued
reliance on a patchwork of changes to Communist-era laws, in uneven
application of the laws, and, together with procedural
irregularities, sometimes in denial of fair 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.  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.

Parliament has the authority to appoint or dismiss judges of the
Constitutional Court (nine members) and the Court of Cassation (seven
members).  The Supreme Judicial Council, which is headed by the
President of the Republic, appoints and dismisses all other judges.
Judges have lifetime appointments and may be relieved of their duties
only upon conviction for a serious crime.

Prosecutors also serve at the pleasure of the Supreme Judicial
Council.  Many judges and prosecutors who held ranking positions
during the previous regime have been removed.

The Law on Major Constitutional Provisions provides that a trial must
be held in public, unless it might divulge national security
information, disrupt public order, or prejudice the "best interests
of minors, private parties, and justice."  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 arrest, investigation, and trial of the five ethnic Greek members
of Omonia did not conform to internationally accepted standards.  It
is not clear that Ministry of Public Order officials had proper
warrants authorizing the searches of the homes and offices of the
Omonia members incident to their detention on April 18.  None of the
arrestees had access to legal counsel during their initial detention.
 Once arrested, only one of the arrestees had immediate access to a
lawyer during the subsequent investigative phase.  The Government
claims to have written waivers of the right to counsel from the other
arrestees.  In fact, the four other arrestees were not represented by
counsel during the major part of the investigation, and one was not
represented until immediately before the trial.

During the trial, defendants and their lawyers were required to
testify before any other witnesses were called.  Although this is
permissible under Albanian law, it may have prejudiced the
defendants' right to a presumption of innocence and avoidance of
self-incrimination.  The court admitted the written testimony of
several witnesses who, despite the requests of defense lawyers, did
not appear in court, thus denying the defendants the opportunity to
confront them.  The Government denied assertions made by several of
the defendants at their trial that their statements during the
investigation had been coerced by torture or the threat of torture.
To discredit defense claims of coercion, the prosecution introduced
videotapes of the defendants secretly made during the investigation.
The judges, defendants, defense attorneys, prosecutors, and selected
Albanian journalists were the only ones permitted to view them.
Neither the Government nor the prosecution made any further attempt
to investigate allegations of mistreatment.  At the end of 1994, the
AHC published a declaration critical of procedural irregularities in
the trial.  Despite charges of ethnic discrimination in the case of
the ethnic Greek Omonia members, the legal system does not
discriminate systematically against minorities or women.  The AHC
also noted procedural irregularities in the trial of former Prime
Minister Fatos Nano.

The AHC does not claim that the Government holds any political
prisoners.  Some members of the former Communist regime, convicted on
charges of enriching themselves at public expense, corruption in the
performance of their duties, or ordering border forces to kill
Albanians attempting to flee the country, are serving prison
sentences.  The opposition Socialist Party claims that former Prime
Minister Fatos Nano, convicted of corruption in handling humanitarian
assistance from Italy, is a political prisoner.  They base this claim
on procedural irregularities which occurred during the investigation
and trial.

        f.      Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The Law on Major Constitutional Provisions states that Albania
guarantees "the human rights and fundamental freedoms as accepted in
international documents."  The Law on Fundamental Freedoms and Human
Rights addresses protections associated with privacy, family, home,
and correspondence.

Although Article 16 provides for protection of the home from
arbitrary entry or search, the Penal Code permits warrantless
searches for weapons.  Article 17 calls for privacy of correspondence
except "for a judgment in the interest of criminal proceedings or by
the approval of a competent government body, assigned by law, in
cases where it (encroachment) is considered indispensable for reasons
of national security."

The Government is considering plans to open and examine the files of
the Sigurimi (the former secret police of the Communist regime), but
no legislation has been passed, and the files remain under the
control of the SHIK.  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 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 1993 Law on Fundamental Freedoms and Human Rights provides for
freedom of speech and press, but laws on slander, insult, and
protection of state secrets were used to prosecute persons for
criticism of the Government.  In practice, freedom of speech,
including freedom to criticize the Government and government
officials, was sometimes restricted.

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 yet to be defined by the Penal
Code.  The media and the AHC continue to denounce this law.  While
several Albanian journalists were arrested and tried under slander
and libel laws, none was prosecuted under the 1993 press law.  No law
governs electronic media.

The Government took legal action against four journalists in 1994.
Martin Leka and Aleksander Frangaj, reporter and editor respectively
of the opposition newspaper Koha Jone, were arrested in January after
Koha Jone published a classified order prohibiting military officers
from carrying their sidearms while off-duty.  Leka and Frangaj were
prosecuted under the penal code article concerning protection of
state secrets.  The court sentenced Leka to 18 months in prison,
while Frangaj was found not guilty; the prosecution appealed, and
Frangaj was subsequently sentenced to 5 months in prison.  In
addition, two other journalists from opposition papers, Illyrian
Zhupa from Populli Po and Shyqyri Meka from Aleanca, were arrested
for libel.  President Berisha pardoned all four on May 3.  An appeals
court later declared Frangaj and Leka not guilty.


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.

Foreign journalists encountered difficulties in Albania in 1994.
Several Greek and Cypriot journalists covering the trial of the five
members of Omonia in August were expelled from Albania for "improper
documentation," having entered Albania as tourists, not journalists.
Plainclothes police subjected other Greek journalists to petty
harassment, and Greek television journalists were not permitted to
film the Omonia trial sessions, while Albanian television taped the
entire trial.

Only state-run radio and television provide domestic programming, but
many municipalities offer locally fed international programs via
satellite.

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 continued to allege
that television serves the interest of the ruling Democratic Party.
State television's portrayal of the events outside the courthouse
during the Omonia trial, including police use of force against Greek
journalists and lawyers, was misleading since it created the false
impression that the police were violently provoked.  Opposition
parties claimed that some controversial interviews and programs,
including rebroadcast segments of the Voice of America, were not
aired, reportedly at the request of political and governmental
leaders.  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.

The Government did not infringe academic freedom.

        b.      Freedom of Peaceful Assembly and Association

While the Government generally respected the rights of freedom of
peaceful assembly and association, in some instances local officials
denied these rights, particularly to members of the ethnic Greek
minority.  Police sometimes used excessive force in breaking up
protests.

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.
The authorities generally grant requests for meetings, although
police sometimes require a change of date or venue.  There were no
reports of arrests of persons attending authorized meetings in 1994,
but several ex-members of the security services were detained and
fined for an unauthorized demonstration outside the Court of
Cassation.

The Albanian Autocephalous Orthodox Church requested permission to
hold a religious procession near the center of Tirana on the feast of
Good Friday during Orthodox Easter.  The Ministry of Public Order
initially denied the request, claiming that it could not ensure
security for such a procession and that the procession's proposed
route would disrupt a major traffic artery.  Following protests by
the Orthodox Church and the Government of Greece, the Ministry
approved a later procession for Easter Sunday.  A request by ethnic
Greeks in the southern Albanian town of Gjirokaster to assemble to
celebrate the Greek national day holiday on March 25 was refused by
local public order officials.  The Ministry later replaced the chief
of police for Gjirokaster, reportedly in part for his refusal to
permit the meeting.

In two incidents, police reportedly used force to control or detain
demonstrators.  In August police forcibly removed several members of
the Association of Former Political Prisoners and Formerly Persecuted
Persons from the premises of commercial establishments in Durres
where they were conducting a hunger strike, causing several injuries.
 The AHC protested the use of excessive force to remove the hunger
strikers but did not contest the court order that declared the hunger
strike illegal.  On August 15, police broke up a demonstration by a
group of about 100 Greek lawyers, journalists, and ethnic Greek
citizens of Albania outside the courthouse in which five ethnic
Greeks were being tried on treason charges and detained 20 lawyers
and journalists.  During this action, independent human rights
observers witnessed police severely beating at least one person who
was offering no resistance.

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
certification to the Democratic Party of the Right and the Social
Justice Party in 1994, claiming that their positions on the complete
return of property to former landowners was anticonstitutional.  In
both cases, the Constitutional Court reversed the Justice Ministry's
decision and permitted certification of those parties.

        c.      Freedom of Religion

Freedom of religion has been established both in theory and practice.


The majority of Albanians are secular in orientation, after 40 years
of rigidly enforced atheism.  The largest 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 split from the Greek
Orthodox earlier in the century.  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
30 new priests in 1994.  Foreign clergy, including Muslim clerics and
Christian missionaries, freely carry out religious activities.

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.  Most religious
buildings and many religious objects have been restored to the
religious communities which formerly owned them.  In some instances,
however, the full restitution of real property would displace
thousands of residents from their present-day homes located on lands
formerly belonging to religious organizations.  Pending legislation
on religious property, 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 objects and
icons 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 assure their security as cultural objects of value to
the entire nation.  The Albanian Orthodox Church claimed that it
already had the means to protect these objects better than the
Government and continued to demand their return.

        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.  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 in 1994.  A small number
of ethnic Albanians from Kosovo, Serbia, fled to Albania to avoid the
draft.

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.
