The Albanian Helsinki Committee (AHC), pursuant to its mission, has become familiar with the complaint of a journalist whose anonymity it is obliged to respect. Based on this complaint and the data that AHC possesses from its activity, such as the case of the interruption of labor relations of some employees of the Albanian Radio Television (RTSH) one year ago, we note with concern that there are still media workers who face for a long time now decisions or pressure for unjust interruption of labor contracts, delays in the payment of monthly salaries, failure to regularly disburse social and health insurance payments, the absence in some cases of regular labor contracts, the disbursement of salaries partially informally.
The above violations, among other things, run counter to articles 12, 95, 116 and 118, of law no. 7961, dated 12.7.1995 “Labor Code of the Republic of Albania,” and law no. 9136, dated 11.9.2003 “On the collection of mandatory social and health insurance in the Republic of Albania.” This situation, accompanied also by elements of censorship or self-censorship in the workplace creates among journalists psychological and health-related concerns in an unsafe working environment, which makes it difficult for them to carry out their mission of serving the public and truth.
There have been cases that AHC has represented administratively and judicially while media workers often feel afraid of initiating such processes. It is a positive fact that in our judicial system, there have been some positive precedents of judicial practice, in protection of media freedom and the rights of media workers. This practice may serve to inspire media colleagues who find themselves in the same or in similar conditions of the violation of their rights.
AHC particularly appreciates the protection of the constitutional freedom of expression and of the free media in a democratic society, sanctioned in article 22 of the Constitution. The European Court of Human Rights has stated that “freedom of expression represents one of the main foundations of a democratic society and is one of the basic conditions for its advancement and the development of every human being” (Handyside vs. United Kingdom).
As a result of the absence of a trade union for media workers and the objective difficulties they have in creating one such, AHC suggests to the Journalists’ Union and other media organizations in the country to react systematically and to intervene institutionally to prevent the violations of the rights of journalists and other media workers in the country in the future.
