Anti-sexual harassment tribunal formation expected in one year’s time: Rina

KUALA LUMPUR – The setting up of a tribunal as stipulated in the Anti-Sexual Harassment Bill 2021 is expected to be finalised within a year after the passing of the bill in the Dewan Negara (Senate).

Women, Family and Community Development Minister, Datuk Seri Rina Mohd Harun said this bill would be tabled in the Dewan Negara next month.

“We are in the first process to pass the bill, then to set up a tribunal with the appointments to be requested from the Public Service Department and we are having discussions on these.

“However, matters related to the bill can be enforced based on certain provisions…not everything has to be completed before enforcement. We will see which are the provisions we need to enforce first such as advocacy and awareness programmes on the (sexual harassment) issue for the public...(formation of the tribunal) will perhaps take over a year.”

She said this at the minister’s briefing session on the Anti-Sexual Harassment Bill 2021 with the media, here, today.

Rina said the Anti-Sexual Harassment Bill 2021 was civil in form and the complaints received would be attended to through civil proceedings.

“Each sexual harassment complaint received will be heard closed-door to protect the privacy and sensitivities of the complainant so as to encourage more victims to lodge complaints against the scourge.

“We don't have a specific act against sexual harassment, apart from Act 574 (criminal intimidation, insult and annoyance) and the Communications and Multimedia Act 1998, or Acts under the Human Resources Ministry.

“But today, many women, when asked or interviewed in the studies conducted, admitted having been sexually harassed but did not come forward to lodge a report due to being scared, ashamed or having no clear evidence.

“With the anti-sexual harassment bill passed then, we want to see public awareness and education that sexual harassment is not normal nor an accepted culture, and not to be taken lightly or viewed as a small matter.

“The bill, when passed, will indirectly provide people with a safe environment, not just at the workplace but in public areas too.

“Based on the questionnaire in an opinion poll on the Anti-Sexual Harassment Bill 2021 involving 416 respondents, 87.5% of them stated that they would report on sexual harassment to the tribunal,” she added.

Hence, Rina said her ministry would be holding a nationwide tour with non-governmental organisations and other related parties to create awareness and explain the sexual harassment issue.

Earlier, the ministry’s deputy secretary-general (Strategic), Chua Choon Hwa explained that under Clause 20, an order could be made by the tribunal whereby the respondent should issue an apology to the complainant and if the sexual harassment was committed in public, the respondent should broadcast the apology in whatever way.

The orders made could include a compensation be paid (not exceeding RM250,000) by the respondent to the complainant due to the losses or damage suffered by the complainant.

Chua said the tribunal would be an alternative platform for the complainants who were victims of sexual harassment to lodge complaints and seek redress.

“But the complainants can also make a police report if they want to. On the orders issued by the tribunal, if the respondents feel that the orders made against them were improper or unfair, they can bring the matter to the high court,” he added. – Bernama, July 25, 2022