KUALA LUMPUR – Malaysia is in dire need of revamped sexual harassment laws, given that an estimated 62% of working women across the country are impacted by such disturbances last year, said the Joint Action Group for Gender Equality (JAG).
The coalition of civil society organisations working towards gender equality reminded the public that sexual harassment is a prevalent form of harm to society, and that existing laws are inadequate to tackle such a serious matter.
JAG said that based on studies, reports, and court transcripts, victims of harassment experience both physical and mental illnesses due to their traumatic struggles.
Furthermore, JAG said that despite the harm it causes to society, sexual harassment is alarmingly rampant in the country.
The group pointed to a survey by global public opinion and data company YouGov in 2019, which showed that an estimated 28% of Malaysians (including over a third of women) had experienced sexual harassment.
Another survey in 2020 by market research technology company Vase.ai and the Women’s Aid Organisation estimated that 62% of working women in Malaysia experienced workplace sexual harassment, JAG added in a statement today.
Yesterday, the Malaysian Employers Federation (MEF) had suggested that existing laws on sexual harassment are already adequate.
Its president Datuk Syed Hussain Syed Husman J.P. had said that the proposed Sexual Harassment Bill expected to be tabled in Parliament this year should not be bulldozed in before detailed discussions with stakeholders.
He suggested, after MEF’s discussions with the Women, Family and Community Development Ministry, that there are outstanding issues to be resolved, such as matters of ambiguity and laws possibly overlapping each other.
“MEF is of the position that there is no reason for the proposed bill to be tabled in Parliament considering that there are already adequate laws and provisions to address sexual harassment at the workplace,” he said.
JAG today emphasised that while Malaysia’s existing laws may remedy the situation, they are still inadequate.
It pointed to a 2016 Federal Court decision that recognised tort of sexual harassment, but given that it requires civil litigation, this can be costly.
“Most survivors cannot afford this,” the coalition said in the statement.
On the other hand, although criminal law does punish certain acts that are considered sexual harassment, it stressed that certain situations, while wrong, do not amount to a crime.
“Criminal investigations also require proof beyond a reasonable doubt – which some sexual harassment cases may not meet – and do not lead to remedies for survivors,” it explained.
With regards to employment situations specifically, JAG pointed out that the Employment Act 1955 only covers employer-employee relationships, leaving out job seekers, clients, and so on.
Moreover, government oversight lies with the Labour Department, which can only interfere where employers refuse to investigate sexual harassment claims, it added.
The department is not empowered to investigate the company’s own investigation findings.
“The Employment Act currently covers employees, and moves to widen the law to apply beyond employees have not succeeded.
“The Sexual Harassment Bill will build on and shall not conflict with any existing employment standards,” JAG added. – The Vibes, September 17, 2021
