THE definition of sexual harassment under the Anti-Sexual Harassment Bill 2021 must be expanded, women’s groups said.

According to activists, the current limited definition far from covers sexual harassment in a modern context.

Besides expanding the definition, the groups are also urging the government to include provisions for organisational duty, making them responsible for taking steps to prevent sexual harassment.

They are also asking that provisions for victimisation – where the victims are treated badly when they lodge a complaint – must be included to prevent underreporting and trauma.

“(The definition) must be expanded to include ‘the creation of an intimidating, offensive or hostile environment’,” Abinaya Mohan, head of campaigns for the Women’s Aid Organisation (WAO), told The Malaysian Insight.

“It has to include this to acknowledge and understand that sexual harassment can create or be further enabled by a hostile environment.

“It doesn’t always occur just between two individuals as well or isn’t directed specifically at someone. Against someone is more accurate.”

The anti-sexual harassment bill 2021 was tabled for its first reading at the Dewan Rakyat on December 15 last year.

The bill called for the setting up of an anti-sexual harassment tribunal to handle specific complaints.

The idea is that members of the tribunal, including the president and deputy president, will be appointed from among members of the judicial and legal services.

The bill provides the tribunal the jurisdiction to hear and determine the sexual harassment complaints made by any person.

The tribunal would also have the authority to order the respondent to issue a statement of apology to the complainant in whatever way as stated in the order.

In addition, the tribunal could issue an order for the respondent to pay up to RM250,000 in compensation.

As it stands now, the bill defines sexual harassment as unwanted conduct of a sexual nature, in any form.

That includes verbal, non-verbal, visual gestural or physical actions against a person that is offensive, humiliating or, worse, a threat to well-being.

Extending the definition is pertinent in ensuring that people feel safe in any public space or the workplace.

“(Sexual harassment) could be something that happens in public spaces (like indecent exposure or masturbating) or, for example, if a boss makes sexually explicit jokes that make colleagues uncomfortable, or feel insecure or intimidated.

“The environment enables sexual harassment and it can affect staff’s ability to function. It may seem trivial to the offender but in reality, it is anything but,” Abinaya said.

“Jokes about assault in a classroom refer to an action that is a gross violation of another person and a crime.

“It can be terrifying to be on the receiving end of such jokes and it allows behaviours to go unchecked.

“It’s time we put an end to it by acknowledging that hostile environments or situations may be created, which could even prevent victims from speaking up.”

Include provisions for organisational duty

Including provisions for organisational duty is important to ensure organisations take steps to curb sexual harassment, Abinaya said.

“Organisational duty in this context refers to the responsibility of organisations to set up initiatives that would prevent sexual harassment from taking place.

“This can include awareness campaigns, introducing guidelines and providing reporting channels for survivors,” she said.

The Joint Action Group for Gender Equality (JAG) and Engender Consultancy and Young Women Making Change said without organisational duty, survivors must wait for the harassment to take place and also bear the responsibility of reporting.

The statement from the groups is endorsed by 17 organisations including WAO, Association of Women Lawyers (AWL), Sisters in Islam and Tenaganita.

“With organisational duties spelt out, survivors would have the option of addressing harassment within the organisation, which may be preferable.

“The bill should specify steps which employers, universities, public transport companies and other organisation administrators must take to prevent and address sexual harassment in their respective organisations.

“These could include prohibiting sexual harassment, mandating basic training on sexual harassment, and adopting a complaints mechanism to respond to complaints.”

The size of an organisation can be considered to ensure measures required are not beyond its capabilities, the group said.

Provisions for victimisation

Along with organisational duty, the group said a provision for victimisation should be included in the bill.

This is to prevent victims from facing negative consequences and retaliatory responses for reporting sexual harassment.

“It is detrimental as it can lead to underreporting and also traumatises survivors even further.

“For example, a professor may threaten to mark down a student for making a sexual harassment complaint or supporting another student’s claim.

“The anti-sexual harassment bill should have a clause protecting complainants and to ensure they feel safe in reporting their experiences.”

On February 28, the group handed a memorandum outlining their recommendations to Parliament.

The bill is expected to be tabled for the second time in the Dewan Rakyat soon. – March 8, 2022.