
In a joint statement, 58 NGOs and 34 individuals described the bill as “inadequate”, saying it should only be passed with amendments that put the needs of the survivor first.
“In light of current legislative gaps and widespread prevalence of sexual harassment online, in public spaces and organisations (including educational institutions), the people need well thought-out, comprehensive survivor-centric legislation.
“The bill that has been proposed fails to meet these standards and simply provides for the setting up of a tribunal to deal with sexual harassment,” the statement said.
The statement also said that a survivor-centric bill must include three components:
- A comprehensive definition of sexual harassment, to cover sexual harassment in all its forms and contexts;
- A tribunal to receive and investigate sexual harassment complaints in a manner that not only is fast and affordable but also protects the survivors’ privacy, provides protection against victimisation, and addresses the survivors’ needs via the provision of a range of remedies (including compensation, rehabilitation for and apology from perpetrators); and
- Explicitly mandated commitment by organisations (including educational institutions) in the public and private sector to prevent and address cases of sexual harassment, as well as create organisational awareness about sexual harassment via anti-sexual harassment policies, training, and effective redress mechanisms.
The statement urges MPs to look out for these three components when they debate the bill during the second reading.
“Raise questions as to the utility, effectiveness, and workability of the provisions in the draft legislation as it stands. Such inclusions are needed for sexual harassment laws to be robust and effective in our country.
“Without the aforementioned components in the draft legislation, the bill should not be passed and instead, should be amended accordingly,” the statement said.
Yesterday, deputy women, family and community development minister Siti Zailah Yusoff tabled the bill in the Dewan Rakyat. Among other things, it proposes the setting up of a tribunal to handle complaints of sexual harassment.
The statement also said women’s rights groups had been trying to propose a sexual harassment draft bill from 2001.
“Since then, there have been numerous meetings with various ministries, government agencies, and the Attorney-General’s Chambers to educate, inform and negotiate the creation of sexual harassment legislation that puts the needs of the survivor first.
“Key concerns, however, are not reflected in the bill as it stands. Most glaringly, the bill does not include organisational duties to address sexual harassment.”
The NGOs and individuals include All Women’s Action Society (Awam), Women’s Aid Organisation (WAO), Sabah Human Rights Centre, child activist Syed Azmi Alhabshi, Marina Mahathir and Ain Husniza Saiful Nizam, the student who exposed a male teacher for making a joke about rape during a physical education class.
The bill was among five that had been pushed back to the next sitting, which is due to start on Feb 28, 2022.