E/C.12/ALB/CO/2-3 The Committee requests that the State party take measures to enforce legislation on the minimum wage, while ensuring that the minimum wage is regularly adjusted to the cost of living and that it enables employers and their families to enjoy a decent living, in accordance with article 7 (a) (ii) of the Covenant. 20. The Committee is concerned about the continued application, under the current Labour Code, of the prohibition of the right to strike to public employees even if they do not provide essential services and continued restrictions on the right to collective bargaining in the form of the requirement for 30 days of mandatory mediation prior to initiating a strike (art. 8). The Committee urges the State party to ensure that the draft Labour Code complies with the Covenant in order to guarantee for all persons the right to freely form and join trade unions, the right to engage without restriction in collective bargaining through trade unions for the promotion and protection of their economic and social interests, as well as the right to strike. The Committee recommends that the State party remove through the draft Labour Code the existing limitations on the right to strike and the right to collective bargaining, in particular by considering mediation as an alternative and not a condition for a strike, and ensure that the prohibition against striking for civil servants does not exceed the ILO definition of essential services. 21. The Committee regrets the lack of data regarding social assistance in the State party, the lack of information on whether the social security system is adjusted to assist persons with disabilities and older persons, and disadvantaged individuals and families, so that they can live in dignity, and the lack of clarity on whether the amount of social assistance benefits is sufficient to cover the real costs of living. The Committee also regrets the absence of information regarding the safeguards of equal access to social insurance and social assistance (art. 9). The Committee calls upon the State party to adjust the social security system, taking into account the Committee’s general comment No. 19 (2008) on the right to social security, in order assist persons with disabilities and older persons, and disadvantaged individuals and families, so that they can live in dignity and to provide for an effective system to ensure that the amount of social assistance benefits is sufficient to cover the real costs of living. The Committee also encourages the State party to consider the introduction of a minimum income benefit that would bring together all the existing social assistance benefits and ensure a life in dignity for all those living in the State party. The Committee further reiterates its previous recommendation to the State party to consider ratification of ILO Convention No. 117 (1962) concerning Basic Aims and Standards of Social Policy and Convention No. 118 (1962) concerning Equality of Treatment of Nationals and Non-Nationals in Social Security. 22. The Committee remains concerned about the high number of cases of internal as well as cross-border trafficking in persons and about the “practice” of penalizing victims of trafficking in persons due to the Criminal Code provision which punishes individuals who engage in prostitution. The Committee is also concerned at the lack of medical, legal and social assistance, including shelter, to the victims of trafficking (art. 10). The Committee recommends that the State party reinforce the legislation to combat internal as well as cross-border trafficking in persons, by revising the Criminal Code in order to adequately sanction the perpetrators of trafficking as well as of exploitation of the victims of such acts. The Committee also recommends that the State party strengthen the data reporting system and take measures to ensure early identification of victims and adequate training of law enforcement officers and the judiciary with a view to effective investigation and prosecution of the perpetrators. 6

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