PETALING JAYA: A coalition of women’s groups today called for an urgent review of the Anti-Sexual Harassment Bill 2021.
In a joint statement, the Joint Action Group for Gender Equality (JAG), Engender Consultancy and Young Women Making Change said this legislation has been 30 years in the making and women’s groups have engaged extensively with the government including in the
drafting of the bill.
The first reading of the Bill was held on Dec 15 last year and will be tabled for a second reading in this first parliamentary meeting beginning today.
“While we recognise and appreciate the government’s efforts to honour its commitment of passing specific legislation on sexual harassment, unfortunately, there remain significant gaps in the bill, especially in terms of proper redress and prevention mechanisms to protect victims of sexual harassment,” it said.
Presenting a memorandum with recommendations to amend the bill, including through the addition of new sections, JAG noted that these amendments will ensure that comprehensive legislation which prioritises the rights and wellbeing of victims of sexual harassment is enacted.
“Firstly, organisational duties to prevent and address sexual harassment (refer to section A.3 in the memorandum) must be included. The proposed Tribunal where survivors can report sexual harassment is welcomed; however, sexual harassment does not solely occur between two individuals. It happens within a setting or environment – including at work, universities, schools and public transport.”
Therefore, JAG noted that organisational duty is a fundamental component which must be included.
“Including organisational duties in the Bill, ensures that steps must be taken by organisations to prevent sexual harassment from occuring in the first place. Without mandated organisational duties, survivors must wait for the harassment to occur – and then bear the responsibility of reporting it on their own,” they said.
“The Employment Act provisions are weak and limited, and there are no laws covering universities, schools, public transport, malls, and other areas where sexual harassment occurs. The bill should specify steps which organisation administrators must take to prevent and address sexual harassment in their respective organisations,” they added.
Next, JAG said the definition of sexual harassment in the bill (refer to section B.2 in the memorandum) must be extended.
“The definition should recognise instances where harassment is not directed at a particular individual but creates an offensive, hostile, or intimidating environment. For example, situations where a supervisor narrates sexual jokes and innuendos to subordinates can cause an offensive, hostile, or intimidating environment which affects individuals’ ability to function at work,” they explained.
Finally, JAG added that provisions on victimisation (refer to section A.4 in the memorandum)
must be included.
“To put it simply, victimisation is when the complainant is treated badly or faces negative consequences for making a complaint. Victimisation is a common retaliatory response to survivors of sexual harassment. It is detrimental as it can lead to underreporting and also re-traumatises survivors,” they said.
“The Anti-Sexual Harassment Bill should have a clause protecting complainants and to ensure they feel safe in reporting their experiences.”
JAG also added that the concerns highlighted above are not new.
“We have repeatedly advocated for these provisions to be included in the drafting of the bill. Regrettably, they were not. We call for the Anti-Sexual Harassment Bill 2021 to be urgently reviewed by the Parliamentary Special Select Committee on Women and Children Affairs and Social Development as well as all members of Parliament,” they said.
“It is imperative that our lawmakers commit to passing comprehensive, victim-centric legislation against sexual harassment. Otherwise, loopholes in protection and redress for victims would defeat the purpose of such legislation,” they added.
Additionally, they called upon members of the public and the media to support their campaign to #ReviewTheBill.
“We have come this far with our efforts to enact anti-sexual harassment legislation, but we are #NotQuiteThere yet,” they said.
Those who wish to support can follow the social media channels of their respective organisations and spread the message by using the said hashtags.
