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PRESS CONFERENCE 10th September 2011

PRESS CONFERENCE 10th September 2011. Launch of Campaign Sexual Harassment out! (SHout). Background of Advocacy.

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PRESS CONFERENCE 10th September 2011

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  1. PRESS CONFERENCE10th September 2011 Launch of Campaign Sexual Harassment out! (SHout)

  2. Background of Advocacy • 1980s – The MTUC Women’s Committee conducted a survey on sexual harassment in the quasi-government sector – result inconclusive as although there are indications of cases, the person does not report on it. • 1985 – The Joint Action Group against Violence against Women was formed, comprised of WAO, Selangor Consumers Association, Universities Women Graduates, MTUC Women’s Committee and Association of Women’s Lawyers. • 1985 March – Held two-days workshop where issues on Violence against Women were discussed. Types of violence were (i) Rape, (ii) Wife Battering, (iii) Sexual Harassment at Work, (iv) Prostitution and (v) Negative Portrayal of Women.

  3. Advocacy on sexual harassment • After the two days VAW campaign by JAG-VAW, several of the individuals form their own Women’s Organization, among them were • Women’s Crises Centre (now Women Centre for Change) (WCC) • All Women’s Action Society (AWAM) • Sisters in Islam (SIS) • Sabah Action Women Resources (SAWO) • Sarawak Women for Women Society (SWWS) • Women’s Development Collective (WDC) • these organizations together with WAO are part of the new JAG organizations.

  4. JAG SEXUAL HARASSMENT CAMPAIGN • 1999 – Code on Elimination and Prevention of Sexual Harassment at Workplace launched. • 1999 – Survey by Dr. Cecilia Ng and others on Sexual Harassment and number of pioneer companies that adopt this Code. • 2001 – JAG had first drafted of a Sexual Harassment Bill. • 2001 – Formation of the Ministry of Women, Family and development (MWFCD). • 2001 March – JAG present Memorandum on Sexual Harassment to MWFCD. • 2002 – Roundtable Discussion with different countries – JAG’s SH bill reviewed.. • (JAG activities on Sexual Harassment up to 2002, the lead agency was WCC)

  5. JAG SEXUAL HARASSMENT CAMPAIGN • 2010 – AWAM indicated to revisit campaign against Sexual Harassment • 2011 – Selangor State Ex Co on Women invited AWAM and Selangor State Industrial Relations department to share of Sexual Harassment • 2011 – Transformational Lab on “Leveraging Women in Work Place” AWAM had put in for a specific sexual harassment Act to enable women to work in non-hostile and safe work environment • 2011 – Roundtable discussion organized by MWFCD, on whether a stand alone Act is needed on Sexual Harassment. • 2011, September – Launch of SHout (Sexual Harassment out) a campaign against sexual harassment.

  6. Why legislate an act against sexual harassment Why legislate? • Inadequacies of current laws and Code of Conduct in practice to address sexual harassment at workplace • Affirmative action to eradicate sexual harassment at workplace and public spaces through comprehensive legislation • A safe and healthy work environment free from sexual harassment

  7. Why legislate an act against sexual harassment Consequences of Sexual Harassment

  8. Why legislate an act against sexual harassment

  9. Existing Laws and Regulations

  10. Existing Laws and Regulations

  11. Existing Laws and Regulations

  12. Proposed Amendment to Employment Act

  13. Summary of Proposed Sexual Harassment Bill (2002) The Bill is divided into seven parts: Part 1 – is preliminary section that outlines definitions used in the Bill. Part 2 – addresses the various forms of sexual harassment that are prohibited under the Bill. Part 3 – states that victimization of those who make complaints, and anyone who assists them, is prohibited. It also contains the vicarious liability sections, stating that employers who do not formulate their own in-house mechanisms to prevent sexual harassment or adequately address complaints will be held liable.

  14. Summary of Proposed Sexual Harassment Bill (2002) Part 4 – addresses the positions and duties of the Director and Tribunal. Part 5 – outlines the complaints process, from the laying of a complaint to its resolution. Each process must be completed within a set timeframe. It also covers miscellaneous issues, including the Bill’s relation to dismissals and the Industrial Relations Act, 1967. Part 6 – deals with offences under the Bill. Part 7 includes general issues such as areas of non-application of the Bill, actions of corporations, liability issues and the making of regulations.

  15. Conclusion • Sexual harassment is recognized internationally as a form of discrimination against women and a human rights issue affecting both men and women. • Malaysia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995 and amended the constitution recognizing women as equal citizens. • As such it is an obligation of the Malaysian Government to take appropriate measures to eliminate all forms of sexual discrimination. Reference: : AWAM and WCC Penang.

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