ALIRAN ALIRAN
women

Parliament, Gender Sensitivity and Sexual Harassment

Men and women must work together to stop discrimination against women by words, thoughts and deeds

By Dr Prema Devaraj

The Human Resources Ministry has defined sexual harassment under the Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace (1999) as:

Any unwanted conduct of a sexual nature having the effect of verbal, non-verbal, visual, psychological or physical harassment that might, on reasonable grounds, be perceived by the recipient:

i) as placing a condition of a sexual nature on her/his employment; or

ii) as an offence or humiliation, or a threat to her/his well being, but has no direct link to her/his employment.

The comments made by certain MPs in Parliament a few weeks ago fall under the category of verbal sexual harassment (i.e. offensive or suggestive remarks, comments, jokes, jesting, kidding, sounds and questioning). It adds to the seriousness of the situation to have certain quarters implying that only people with sexist minds would find the remarks sexist. Such comments show the pathetic level of thinking of the MPs concerned.

When lewd remarks are made and considered amusing by MPs in Parliament, it is:

• an insult to both the men and women who are working together towards a nation where people are respected regardless of gender, ethnic background or religion,

• an indication of how deeply ingrained male chauvinism is in our country;

• an indication of how difficult the legislation of the above Code is going to be when the very people involved in legislating the Code are themselves guilty of sexual harassment (intentional or otherwise) or are not capable of understanding or taking sexual harassment seriously; and

• a disgraceful example for young people and the public.

Given the calibre, mind-set and level of discussion of some of the present MPs, it is clear why we still have legislation that discriminates against women.

Gender Sensitisation

There is a move to promote a minimum of 30 per cent participation of women at all levels of political and policy-making processes in Malaysia. The level of representation of women in parliamentary and state assemblies is presently less than 10 per cent. Although there is a need to have higher representation of women in parliament and the state assemblies, getting women to fill the quota of 30 per cent alone is not going to solve the issue of gender bias in Malaysia.

The issue is a deep one that cannot be tackled by increasing the number of women in politics or by weekend workshops or seminars. It must be resolved by implementing a carefully thought-out gender sensitisation programme that starts in primary schools, when young minds are relatively uncluttered by gender bias. There can be no effective top-down approach to gender sensitisation as ideas about men and women are formed very early in a person's life.

The Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace recognises that sexual harassment takes place and must be stopped. A great deal of time, thought, effort and commitment has gone into the production of such a Code.

At the National Workshop on Sexual Harassment in The Workplace on 1 March 1999 in Kuala Lumpur, Lim Ah Lek, the then Minister of Human Resources, stated that the Code was meant, among other things, to ''encourage the development and implementation of policies and practices which will ensure a safe and healthy working environment in every place of employment where individual employees, irrespective of status or position, are treated with dignity and are free from any form of harassment, humiliation and intimidation of a sexual nature." If the government is truly committed to seeing this take place, the implementation of the Code must be enforced in all workplaces including Parliament.

 

At present the Code is a non-binding guideline for an employer. The Code does not protect anyone; nor can it be a deterrent to sexual harassment if it is not adopted and implemented. Legislation of the Code is absolutely necessary so that the Code can be enforced and taken seriously especially when people are charged in Court with sexual harassment.

If the government is committed to promoting gender sensitivity and deterring sexual harassment, then any remarks amounting to sexual harassment made by MPs in Parliament should immediately be censured by the Speaker in Parliament. The suspension of the MP concerned should be considered. A firm stand against sexual harassment must be taken to send a clear message. If an MP is guilty of sexual harassment, verbal or otherwise, then he or she should be made accountable.

Gender sensitivity and sexual harassment concern both men and women. While men may have chauvinistic ideas, women too may be at fault for allowing the perpetuation of this type of thinking and behaviour. Women generally bear the brunt of male chauvinism and sexual harassment. Some tolerate it because it's difficult or embarrassing to speak out against such behaviour or thinking due to cultural codes and norms. Those who do speak out against it may not get the support they need and may instead be further victimised or ostracised at work. A case in point is the recent alleged sexual harassment complaint lodged by six women against their general manager in a Penang hotel. Instead of proceeding with a grievance procedure to investigate the serious complaints, the management suspended these women on grounds of "malicious and unfounded allegations against the General Manager." No action has been taken against the general manager.

Even men who do not condone such behaviour may keep quiet when sexual harassment takes place. Often, it is difficult to raise one's voice in protest but the issue of sexual harassment must be voiced and addressed. MPs, are expected to encourage, listen to and support protests against sexual harassment wherever and whenever it occurs, irrespective of who the offender might be. For this to happen however, the level of gender sensitivity in Parliament has to be drastically raised.

Gender bias, gender sensitivity and sexual harassment are not just women's issues. These are issues which concern all of us – both men and women working towards a nation committed to Article 1 of the Universal Declaration of Human Rights which states, "All human beings are born free and equal in dignity and rights".