The campaign for decent work in Pakistani media
How can journalists’ understanding and awareness of labour rights strengthen professional journalism and help create a strong and sustainable media industry? What are the ways to foster a labour rights discourse and promote collaboration, negotiation and dialogue between journalists, their unions, employers and the government to set standards for a fair and just labour rights environment for Pakistan’s media? Increased knowledge and understanding of their labour rights allows media workers to become empowered and speak up for these rights, to seek adequate pay and compensation for work and to campaign and organise collectively to ensure fair and equitable standards are met. A key factor is increased information and awareness. This quarterly labour rights bulletin aims to highlight key cases and success stories, communicate industry developments and review progress on labour rights reform action.
| First, the good news. In addition to a new government that came to power in April 2022, the judiciary has batted firmly on the side of media workers. Positive interventions by the Islamabad High Court (IHC) on labour rights have renewed hope in the judiciary. In its hearing on May 13, 2022, the IHC sought a report from the Ministry of Information and Broadcasting regarding the legal protection of journalists and media workers. The report must be submitted in time for the next hearing on June 17, 2022. The IHC orders have consistently been pushing the government to fulfil its mandate of protecting journalists’ rights. On November 17, 2021, the Islamabad High Court (IHC) had issued a short order seeking a report from the Secretary of Information and other respondents in the petition within a fortnight. The Court also directed the Registrar of the ITNE “to submit a report regarding the current status of the pending complaints.” Likewise, the Court ordered the Secretary Federal Ministry of Information and Broadcasting, and the Secretary Federal Ministry of Law and Justice “to highlight the measures taken for protecting the rights of media workers and journalists.” The Court appointed the President of the Islamabad High Court Journalists Association, the President Supreme Court Bar Association, and two senior journalists, Mr. Mazhar Abbas and Mr. Hamid Mir, as amici curiae to assist the Court in this case. |
| The Court in its short order said: Article 19-A guarantees that every citizen shall have the right to have access to information in all matters of public importance. The independence of an editor, opinion writer and reporter is of crucial importance. Their independence and non-interference in editorial policies are relatable to the regulation of the proprietorship of the media and press. The questions are, therefore, are paramount importance and it is important to understand and comprehend the international best practices and principles employed to ensure that access of citizens to information and for an independent and a free media and press to play its role as contemplated under Article 19-A of the Constitution. |
| On December 22, 2021, the Islamabad High Court showed concern about the vacant post of the Chairman of ITNE for the past several months. As reported, the Court directed the federal government to appoint the Chairman of the ITNE by January 20, 2022. According to a media report, Minister of State for Information and Broadcasting Farrukh Habib told Senate’s Standing Committee on February 16 that the Chairman for ITNE will soon be appointed by the Federal Government to redress the complaints filed by the journalists. |
IFJ General Secretary writes to Pakistani authorities
In August 2021, Anthony Bellanger, General Secretary of the IFJ, wrote to Pakistani authorities including the President of Pakistan, Prime Minister of Pakistan, Chief Justice of the Supreme Court of Pakistan, and chief justices of five provincial high courts. He drew the authorities’ attention to the non-enforcement of the rights of the journalists and media workers of Pakistan, a situation that required emergency redressal. He mentioned that “journalists and media workers in Pakistan have been facing a wave of attacks – among them killings, kidnappings, harassment, and legal cases registered. For three years now, he pointed out, special legislation on the safety of journalists has been pending before the Federal Government for approval. This must be passed by Pakistan’s national parliament urgently to combat the crisis of impunity for crimes against journalists. He stated that “journalists and media workers in Pakistan have also faced a wave of retrenchments, salary cuts and non-payment of wages affecting not just thousands of journalists and their families but heavily impacting the state of freedom of expression in the country.”
In his letter, Mr. Bellanger referenced the IFJ’s study Decent Work in Pakistani Media: An Assessment of Labour Laws and Impacts for Media Workers which shows that in the last ten years a mere 2,783 of 40,474 cases have been settled by the Implementation Tribunal for Newspaper Employees (ITNE). Another 38,956 cases remain pending before ITNE tribunals, indicating the urgent need for a new mechanism to be implemented to expeditiously provide justice to litigants. Mr. Bellanger also referred to another IFJ study Modernisation and Reforms: Promoting Labour Rights, Gender Equality and Freedom of Association in Pakistan’s Shifting Media Landscape, launched on July 26, 2021 in collaboration with the Freedom Network. The study indicates that a large number of women journalists and digital journalists face exclusion in terms of their labour rights.
Mr. Bellanger called for all Pakistani labour and media related laws to be urgently brought in line with the needs of technology-driven transformation of the industry in accordance with labour best practices and international standards. He insisted that freelancers and online/digital workers must be included in the legal framework and the jurisdiction of ITNE must be expanded from print-only journalists to include to journalists from electronic and digital media, as well as freelancers, so that their labour rights are protected. Mr. Bellanger further mentioned that the Press Council of Pakistan also needs to be immediately re-activated by appointment of a Chairperson and members to adequately address the grievances of media workers.
Court Strikes a Blow for Media Workers’ Rights
The Islamabad High Court (IHC), upon receipt of the letter from the General Secretary of the International Federation of Journalists (IFJ), converted it into a petition to address the concerns related to journalists and media workers including job insecurity, personal insecurity, retrenchment, and the implementation of the wage board. The Court appointed the Pakistan Federal Union of Journalists (PFUJ) as a petitioner to represent the International Federation of Journalists (IFJ) in the petition. The Court also made the Secretary Federal Ministry of Information and Broadcasting, Secretary Federal Ministry of Law and Justice, and Registrar Implementation Tribunal for Newspaper Employees (ITNE) respondents in the petition.
PFUJ’s response in Court
In response to the letter from the Islamabad High Court dated September 14, 2021 (vide # MIT/APP/40-21/Rmd/6616), the PFUJ submitted its detailed reply via a letter dated October 05, 2021. In addition to the recommendations made in the IFJ’s labour laws report, the PFUJ raised the following points:
- The working journalists and media workers of the ever-growing Pakistani media have been facing problems like forced job terminations, non-payment of regular monthly wages, cuts in monthly wages, job insecurity, personal insecurity, threats and intimidation from different quarters in addition to the ever-present issue of impunity for crimes against journalists.
- There is no adequate mechanism for the protection of employment in the case of electronic and social/digital media employees as exists for newspaper employees.
- There is a need to reform existing labour laws dealing with print and electronic media to align them with international best practices.
- The scope of the wage board should be extended to electronic and digital media.
- The absence of holistic legislation in Pakistan is one of the major causes of all work-related grievances. Therefore, a comprehensive remedial and protective legal regime should be put in place to protect the rights of all involved in the journalism and media sector in Pakistan.
- ‘Journalism Field Labour Force’ may be considered as a ‘specified labour force’ to be included in the comprehensive legal reforms.
- A Special Journalism Field Labour Force Authority may be constituted at the federal, provincial, and local / district government levels.
- Provision of medical facilities, disease diagnostic testing, medicines, surgeries etc., at all public hospitals to Journalism Field Labour Force.
- Provision of quality primary, secondary, college/university, and other technical education and skills to the children of Journalism Field Labour Force.
- Allocation of special job quota for Journalism Field Labour Force and their children in all government posts.
- Provision of pension and gratuity to the Journalism Field Labour Force and their widows in cases of death
- Provision of complete and fool-proof security to the Journalism Field Labour Force and their families in view of the commission of heinous crimes against the person and property of the Journalism Field Labour Force.
The Court’s interventions come against the backdrop of a consistent campaign by media workers and their unions. These efforts rest on a solid foundation of evidence-based research. Let’s back up a little and delve into this research.
Assessment of Pakistan’s Labour Laws and Impact on Media Workers
The International Federation of Journalists (IFJ), conducted a review of labour laws impacting media workers in Pakistan. The review process included assessment of the implementation of the wage board awards constituted under the Newspapers Employees (Conditions of Service) Act, 1973 (NEC OSA). The review also covered evaluation of performance of Implementation Tribunal for Newspaper Employees (ITNE) – a tribunal constituted under the NECOSA to implement the decisions of the Wage Boards.
This review, titled Decent Work in Pakistani Media, was conducted by the Institute for Research, Advocacy and Development (IRADA) and examines Pakistan’s labour laws and their impact on media workers in the country. It delves into the status, qualities, shortcomings and deficiencies of the existing legislative framework. This report, launched on July 13, 2021, comes in the wake of the continuing crisis of non-payment of wages, mass job losses, and job insecurity within Pakistan’s media industry and puts forth practical recommendations to improve media legislation and its implementation to strengthen freedom of the press and equal rights for all media workers in Pakistan.
Invisible labour
The ‘Decent Work in Pakistani Media’ report outlines how existing laws exclude women, digital workers, and other marginalised groups. It notes that the term ‘workman’ is used for both male and female workers, and that representation of women is not referenced in any prominent legislation. The report also finds that laws surrounding informal workplaces and freelancers are weak. Furthermore, media workers lack awareness about laws, and this leads to a lack of enforcement even when the laws do apply. Recommendations of the report based on the key findings look to strengthen inclusion of women and other marginalised groups within a stronger legislative framework, reform existing labour laws, and implement adequate measures to ensure the safety of all journalists.
Union-led research and campaigns for the rights of media workers, strengthened by court interventions to protect these rights have been the key highlights of the past few months that have witnessed immense political upheaval and the coming to power of a new government more open to journalists’ rights and freedom of expression.
| The IFJ’s project, supported by National Endowment for Democracy (NED), is working to strengthen the capacity of journalists and journalist representative organisations to protect and defend the labour and professional rights of journalists in Pakistan and promote active participation by women in media unions and press clubs, and support collaborative efforts to improve the situation for women in media. |
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