KLANG: The Anti-Sexual Harassment Bill has finally become a reality after 10 years, much to the delight of civil society groups and members of the public.
It is also timely as many Malaysians are unaware of what constitutes sexual harassment, hence many untoward comments and gestures have transpired over the years.
Women’s Aid Organisation (WAO) executive director Sumitra Visvanathan said people who have been sexually harassed have gone unprotected for far too long and the Bill would ensure the necessary remedies are accessible to them.
However, there are some loopholes in the legislation that needed to be addressed, she added.
“Core gaps remain, like the obligation on employers to prevent and address sexual harassment in their workplaces,’’ said Sumitra, adding that WAO looked forward to continued collaboration with the government for the implementation and continued strengthening of the law.
Sisters in Islam (SIS) communication officer Aleza Othman said the Bill was timely as sexual harassment was a severe and pervasive issue that needed to be addressed.
She said the Anti-Sexual Harassment Bill was also critical, as existing anti-sexual harassment laws were insufficient to address the issue.“For example, under the newly amended Employment Act 1955, survivors who are sexually harassed in the workplace could submit a complaint to their employers.
“However, it is only applicable to those earning below the wage cap and those working in Peninsular Malaysia and not Sabah and Sarawak.’’
All Women’s Action Society (Awam) communications officer Jernell Tan said the general public was ready to learn more about what constituted sexual harassment and what they could do to safeguard themselves and the community.
“We will need to pay more attention, to not only keeping organisations and its members free from sexual harassment, but to ensure alignment with international standards in creating safe spaces to be socially and economically competitive with regional nations.’’
Tan said the Bill was necessary as not all sexual harassment survivors are able to seek redress under the Penal Code, due to barriers such as non-specific Penal Code provisions, and legal processes that not only deprived survivors of their right to privacy, but are also costly and time-consuming.
Justice for Sisters (JFS), founding member S. Thilaga said research has indicated that sexual harassment affected all people regardless of their gender, sex, and sexual orientation.
She added that research by the Malaysian Human Rights Commission (Suhakam) and JFS found that marginalised groups were more vulnerable to sexual harassment and faced additional barriers in reporting cases due to fear of reprisal.
“Victims are often forced to figure out solutions to the harassment at their own cost. This includes resignation from jobs, dropping out of school, self-censorship, isolation and moving out of a neighbourhood.”Labour law expert Datuk Thavalingam Thavarajah said there must be zero tolerance for sexual harassment.
“However, noting the penal consequences like fine and jail, and the appeal provision to the High Court on procedural matters, the absence of legal representation during the proceedings is a matter of concern,’’ he added.
People’s Legal Team founder Dinesh Muthal said he did not understand why the Bill had to take so long to pass.
He said it was wise to have a tribunal with many members as sexual harassment was difficult to identify.
“The tribunal will identify whether there exists elements of sexual harassment in the complaint and if the case can proceed to court.”
