The Malaysian Insight

EXISTING sexual harassment laws are inadequate, creating the need for the proposed Anti-Sexual Harassment Bill, said the Joint Action Group for Gender Equality (JAG), a coalition of 14 women’s rights organisations in Peninsular Malaysia, Sabah and Sarawak.
 
In a statement, JAG said that although Malaysia has several laws relating to sexual harassment, legislation such as an Anti-Sexual Harassment Bill can help close the gap. 
 
This can be done by, firstly, introducing adequate sexual harassment standards for all relevant sectors (including universities, public space operators, societies, companies, etc).

“Secondly, the Bill will introduce an oversight body to directly receive complaints about sexual harassment from anyone, easily and affordably.” 
 
Currently, two laws apply to all survivors of sexual harassment under the Constitution. The first is the tort of sexual harassment. However, JAG said that while this is important, taking someone to civil court is expensive (costing thousands of ringgit), lengthy (the process can take years) and public (lack of confidentiality). 
 
“Most survivors cannot afford this,” it said. 

The second one is the Penal Code and criminal laws which have offences related to sexual harassment. 
 
“But many cases of sexual harassment – though wrong – may not amount to a crime; and online sexual harassment is not clearly addressed,” it said. 
 
“Criminal investigations also require proof beyond reasonable doubt – which some sexual harassment cases may not meet – and do not lead to remedies for survivors.”
 
For employees in the workplace, under the Employment Act 1955, employees can report sexual harassment abuses to their employers. 

However, JAG said the Act only applies to employers and employees, leaving out harassment involving job seekers, clients, etc. 
 
“Furthermore, the Labour Department only provides oversight if the employer refuses to investigate – there is no oversight of an investigation’s integrity or findings – or if the complaint is against a sole proprietor. “
 
It said the Employment Act also does not apply in Sabah and Sarawak, which have their own ordinances.

“An employee who is dismissed unfairly or resigns from employment as a result of sexual harassment can apply for reinstatement through the Industrial Relations Department.”
 
“However, the survivor would have already lost their job and had suffered from the harassment.”

JAG said while employment laws can be amended to improve some aspects, some gaps cannot be addressed easily. 
 
For example, it said, the Employment Act currently covers employees, and moves to widen the law to apply beyond employees have not succeeded. 
 
“The Sexual Harassment Bill will build on – and should not conflict with – existing employment standards,” JAG said. 
 
Putrajaya is expected to table the Anti-Sexual Harassment Bill in Parliament this year.
 
Yesterday, the Malaysian Employers Federation questioned the need for such legislation.

MEF president Syed Hussain Syed Husman, who is also a member of the special project team for the Bill, said MEF is of the view that having specific legislation on sexual harassment would also project a negative image of Malaysia to potential investors.

Hussain said existing laws on sexual harassment in the workplace were adequate to address the issue which he said has been “isolated and manageable” cases. 

He also said there was no need for a central tribunal as it may bypass the internal processes of a company’s regulations on sexual harassment
 
A 2019 YouGov survey estimated that 28% of Malaysians (including over a third of women) have experienced sexual harassment. 
 
Based on this survey, JAG said, 24% experienced sexual harassment at the office.

 Crucially, a large portion of cases also happened at school or universities (22%), on public transport (23%), in shopping malls (12%) and in other places.
 
A 2020 survey by Vase.ai and Women’s Aid Organisation estimated that 62% of working women in Malaysia experienced workplace sexual harassment.

“But there are no laws or regulations on sexual harassment covering these other contexts,” the group said. – September 17, 2021.