In a world where sexual harassment in the workplace continues to be an issue that many try to ignore or minimize, the stories of Mirela and ED point to a painful reality that many women experience every day. While new legislation and social movements like #MeToo have shed more light on this scourge, the road to a safe and equal work environment is still long.
Mirela (not her real name) is one of the few employees who, in the last four years, has sought protection from the Commissioner for Protection from Discrimination (KMD) due to occasional sexual harassment in the workplace by her superior. A.GJ, holding the post of Chief of Security of the Port Force of Shengjin, began to take revenge on his subordinate after he was faced with the dislike of erotic messages sent by him on the Whatsapp application.
A.GJ charged his subordinate with performing 24-hour shifts, the payment of which was not realized as a form of revenge for refusing the request to have an intimate report.
Since 2015, Mirela has been employed at the Sea Port of Shengjin, however, until 2021, when the Commissioner for Protection from Discrimination issued the only discrimination decision for these 3 years, there have been many debates, including conflicts, between her and her superior A.Gj in the presence of other colleagues in this seaport. After the complaint to the KMD, Mirela filed a criminal complaint in 2021 with the Prosecutor's Office of the Lezhë Judicial District, which would later help her prove the accusations leveled against her superior at the time.
Unlike Mirela, ED, an employee in one of the country's public institutions, did not have the courage to raise her voice to her director at the moment when the head of the sector hit her in the rear.
"He hit me on the buttocks and then scolding me said: Do your work better and left the office",- says the ED, according to which the head of the sector had good friendly relations with the director, so he did not believe that he could be singled out or suspended for such behavior towards her.
"It would be my word against his. At that time, I had been working in this institution for 3 months, while he had been working for over 5 years", - says ED, adding that after 1 year the former head of the sector left the workplace.
What can be defined as "sexual harassment" is difficult to understand if the events between two or more individuals are not followed step by step. However, in general terms, among other things, "sexual harassment" includes unwanted comments, causing annoyance and contempt to the person addressed, which go up to constant requests for social or sexual contact. Sexual harassment can go beyond physical touches. In its function, technology can also be deployed through the creation of posters, annoying phone calls that can be followed by interventions or physical contacts that prevent the normal movement of work when addressed to an individual.
"Shame" to address sexual harassment
Robert Gajda, Commissioner for Protection from Discrimination, says for "Sinjalizo" that the cases addressed as "sexual harassment in the workplace" at this institution are very few compared to the dimensions of this phenomenon in our country, although with the legal changes sexual harassment is seen as a form of discrimination.
According to Gajde, one of the main problems during the treatment of these cases lies in their examination. Referring to the case reported by Matilda, he says that the Prosecutor's Office played a helpful role in collecting materials that showed that she had been sexually harassed.
"In this particular case, we were also helped a lot by the material evidence that the Prosecution had managed to collect", says Robert Gajda, who explains that in such cases, help from other institutions is necessary because they have more opportunities to collect evidence, which is used by the Commissioner for Protection from Discrimination to issue a decision.
During his experience at this institution, Robert Gajda admits that no case has been reported by men for sexual harassment in the workplace."The cases addressed to us were girls and women", - says Gajda for "Signalizo".
According to Article 32 of the Labor Code of the Republic of Albania, employers and employees are strictly prohibited from performing actions that constitute sexual harassment for other persons in the workplace. According to the Albanian legislation, sexual harassment is not defined, but the punishment for committing this criminal offense ranges from 1 year to 7 years in prison.
"Sinjalizo" addressed to the Ministry of Justice about the number of cases where the defendants have been accused of sexual harassment in the workplace, but according to the answer of this institution, the information received from the court only determines the violation of the relevant article (article 108/a), without made it possible to detail the issues.
During the 2-year period, January 1, 2022-January 1, 2024, 64 people accused of sexual harassment have been brought before the Albanian Justice. All the defendants accused of this criminal offense belong to the male gender.
According to a study conducted by a non-profit organization Together for Life (TFL), 35% of 1026 people in employment in the urban areas of the country have expressed the belief that women regularly face sexual harassment in the workplace. 70% of them admit that sexual harassment usually goes uninvestigated when it happens in their country, presenting as the main reasons the lack of confidence in finding a solution, the fear of prejudice and the shame of reporting it.
With hundreds of sexual harassments, but not an Albanian phenomenon
In Albania, there are hundreds of cases of sexual harassment, where the perpetrators have faced the responsible institutions during the punishment. According to official figures, sexual harassment does not only occur against girls and women, although the most cases are reported by this gender. Through the response to the Request for Information, the State Police informed "Sinjalizo" that during the previous two years (year 2022 and 2023), 152 cases of sexual harassment were recorded as criminal offenses, of which 29 cases were men. During the same period, 49 people were arrested by the Police for this criminal offense, while 68 others were subjected to measures while at large.
Lawyer and Law pedagogy at the Faculty of Tirana, Nadia Guni, tells "Sinjalizo" that the criminalization of sexual harassment is one of the positive legal changes made with reference to international recommendations and legislation.
"Sexual harassment is a criminal offense. Intimate relationships are also criminalized, for example between persons who may not be spouses, but are both physical and emotional partners", - concludes Guni.
Sexual harassment in the workplace opened an almost global debate, from the movement in the USA, "Me too".
According to a study conducted in 192 countries around the world after this movement, it showed that #MeToo had a positive effect on stopping sexual harassment in the workplace. This movement was accompanied by a series of changes in the legislation of different countries, which have toughened the measures for dealing with this criminal offense.
The stories of Mirela and ED are not just two examples of hundreds of cases of sexual harassment in the workplace, but are the reflection of a great social challenge that requires a clear attitude and determined action.
Sexual harassment should not be left only in the hands of relevant institutions and justice bodies.
Through awareness, legal changes, greater engagement of civil society and strong social support, pathways can be opened for a work environment where everyone feels safe and valued, without fear of harassment or discrimination.
Unfortunately so far respect and equality are only expectations but not reality for everyone in the workplace.
This article was created based on input provided by individuals who have chosen to speak up. Share your story, empower others and be an agent for change. Visit the website: www.acqj.al/sinjalizo-dhe-ti/
