Albanian journalists are working in an insecure situation, under significant pressure, and with little protection or legal recourse.
This is according to the findings of a study conducted by the Albanian Helsinki Committee with support from the UK Government, USAID, and the East West Management Institute in May 2020 but was published this week.
The study sought to highlight the violation of labor rights of journalists in Albania, but the reasons why they do not take action to protect their rights. It also looked at the obstacles journalists face when trying to regain their rights via means of the courts. Based on the findings, they made a number of recommendations for political and legal interventions which would help to create a media environment where journalists are free to exercise their profession, enjoy their rights as guaranteed by law, and be able to seek justice.
While the situation is concerning for journalists throughout all of Albania, those working outside of the capital have a tougher time. They experience more difficult conditions, lower salaries, and decreased job security. A side effect of low salaries and a lack of opportunities means many will accept bad treatment instead of risking facing the withholding of salaries or unemployment.
Journalists working for online portals were more likely to be working in an informal manner, without a contract. Similarly, they would often not write with their names as they are not declared. This prevents them from building a professional profile and being able to be an equal part of the professional journalist community.
Those working in the field said they feel unprotected from physical threats and judicial lawsuits. Others said they were forced to seek other means of protection as their portals and the state don’t offer any support.
Many young journalists reported that their employers addressed them in an insulting manner and said they don’t feel supported by colleagues. This means they are less likely to protect their rights by reacting publicly or taking the employer to court.
Sexism is also rife and female journalists reported sexual harassment and disrespect for maternity leave. 80% said they work full time and believe they get paid less than their male counterparts.
One of the reasons journalists don’t seek redress is they feel the market is characterized by a high level of ownership concentration, therefore they would find it hard to get another job. Respondents said that media owners “coordinate” and that if they were to initiate judicial proceedings, it would see them blacklisted.
They also fear that as many owners are reliant and connected to the government, they can not go up against their employer and the state. Journalists overall feel unprotected by the state and its institutions.
Another issue was that recruitment was generally managed by the owner in the almost total absence of an HR department. This results in a situation where the journalists’ career is dependent on the whim of the owner and in cases of issues, they are fearful to go against them.
One journalist working on television told the researchers:
The working environment in journalism remains just as slippery even today. We have no security. The contract won’t protect you. The moment you refuse to do a stand-up that harms someone else’s business without any investigation, the director will say: What? You don’t do as I say?”
Sadly, the Albanian media landscape is such that there’s a lack of solidarity between journalists meaning they are unlikely to team up to file charges against abusive employers. A lack of trade unions and distrust of journalism organizations also puts off media workers for denouncing attacks or violations against them.
There are a number of reasons why they don’t progress to taking legal action. These include the long time the judicial process takes, high costs when compared to salaries and a lack of documentation that proves violations.
Culturally, there is a lack of information about rights and how to claim them via the courts The stigma of suing an employer because they might seem ‘ungrateful also dissuades them.
But perhaps one of the key findings is that journalists have zero confidence in the court. They believe the media owner will influence the court ruling and do not see the point in taking action.
A number of those interviewed explained how there were delays of two to three months in paying salaries. This was done to stop people from leaving but also to have an element of power over the employee.
One journalist stated:
“The process of how we receive salaries has a one-month delay so journalists will not leave, at least where I work. There were cases when I would go and knock on their door when 2-3 days passed beyond the date.”
But being paid on time wasn’t the only issue. Almost half said they worked overtime that they were not paid for. Most did accept however that this is part of the role of a journalist, but there are concerns it’s abused. Holiday, sick leave, and days off are rare despite the law providing for it.
Some 35% said their employers don’t pay their health and social insurance and several discovered that the employer hadn’t been paying it despite them saying they were.
Salaries are also low but some respondents spoke of how employers would fine staff as much as 5000 lek (EUR 40) for touching their mobile while on duty.
The Committee made a number of recommendations. These include empowering public media and revising leadership structures, promoting local community media, bettering access to legal support, liberalizing the media market, amendments to the penal code to better protect journalists, the creation of effective unions, improvements in inspections, and significant work to protect journalists from discrimination.
