A bill to protect women from sexual harassment cannot be passed into law since parliament was suspended in January, due to the coronavirus pandemic. Despite promising to table the Sexual Harassment Bill in 2020, the government has delayed debate on the bill until late 2021. The delay comes amid increased violence against women.
SEXUAL HARASSMENT IN MALAYSIA
There was no law about sexual harassment in Malaysia before 2012. The government has issued guidance to employers about handling complaints of sexual harassment since 1999. However, it did not require them to prevent sexual harassment until the Employment (Amendment) Act 2012. The Federal Court—Malaysia’s highest court—ruled in 2016 that sexual harassment is a civil wrong, allowing victims to sue their harassers.
Despite these changes, 36 percent of Malaysian women have suffered sexual harassment in the workplace, according to a YouGov survey. A survey by the Women’s Aid Organisation (WAO) put the figure as high as 62 percent. Half of YouGov’s respondents recounted not reporting the harassment. Many are reluctant to do so, fearing reprisals from their employers or being shamed publicly. The situation appears to have worsened over the last decade. Initial reports also show that sexual harassment and violence against women worsened during the coronavirus pandemic in 2020.
Some women have taken to social media to name and shame harassers, inspired by the global #MeToo Movement. But many have not, fearing prosecution for defamation—a criminal offence in Malaysia. South China Morning Post journalist Tashny Sukumaran was charged for defamation for tweeting about inappropriate contact during a dermatology exam.
The Sexual Harassment Bill would bring in mandatory oversight procedures to ensure employers handle complaints properly and to protect employees from reprisals. The bill would establish a Sexual Harassment Tribunal to handle serious cases. Cases could also be brought for harassment perpetrated outside the workplace and across all mediums, including online.
POWER HARASSMENT IN MALAYSIA
However, the Sexual Harassment Bill may prove too narrow. Malaysian women also face nonsexual violence inside and outside the workplace, not covered by the bill. Workplace bullying is more prevalent than sexual harassment. One woman who spoke to the author says she was assaulted after reporting another employee’s misconduct. She suffered fractures to her spine which required surgery. Her employer then dismissed her, terminating her medical insurance. She has since filed lawsuits in Malaysia and in Japan (her employer was a subsidiary of a Japanese company). However, she was not the only victim at either company, she says. Many women choose to stay silent to avoid dismissal.
The Malaysian government should recall parliament immediately and table the Sexual Harassment Bill. No other parliament has been suspended because of the coronavirus. There is no reason why the Malaysian parliament should be.
Parliament should expand the bill to cover nonsexual harassment. The same oversight procedures and tribunal could be applied to nonsexual harassment. In the meantime, the government should ratify the International Labour Organisation’s Violence and Harassment Convention. The convention provides a framework for developing anti-harassment law which would aid parliament. It would also send a clear signal to employers that harassment will be punished.
Samuel is a trainee solicitor and postgraduate at Cardiff University. He is active in several U.K.-based organisations campaigning on behalf of Hong Kong and BNOs. His research interests include transitional justice and the rule of law.