We are all familiar with the adage "slow and steady wins the race". However, the saying makes sense only in the context in which it was first used. It is fervently hoped that the government does not take such an approach towards tackling the various pressing issues at hand, particularly those affecting the country's women.

The women's non-governmental organisations are worried that "slow" is how the policy makers might approach their efforts towards bringing about certain changes.

Three immediate concerns of these NGOs are: the much needed amendment to the rape law, the need to formulate a law on sexual harassment and define sexual harassment and the need to re-look the Domestic Violence Act (DVA).

In the case of sexual harassment, a study undertaken by the All Women's Action Society (Awam) and Women's Centre for Change (WCC) on the effectiveness of the non-compulsory Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace revealed that the Code left much to be desired.

It failed to create the much lacking awareness on the seriousness of sexual harassment at the workplace. The study also showed that not all elements recommended by the Code were implemented by pioneer companies which had their own sexual harassment policies.

The Code was introduced by the Human Resources Ministry in 1999 at a time when women's groups and NGOs called for more protection for women at work. The Code is a framework for employers on the creation of an in-house mechanism to stop sexual harassment in their workplaces.

No laughing matter

Perturbed that sexual harassment would remain a pervasive problem in the Malaysian workplace, eight women's groups formed a coalition called the Joint Action Group Against Violence Against Women and the study by Awam and WCC revealed that as of March 2001, the Code was adopted by only 1.12 per cent of employers in the country, and in some cases employees were not even aware that their company had such a Code.

At present, sexual harassment per se is not featured in many collective agreements despite calls to do so by the Human Resources Ministry. The Bill has yet to get any further as at this point in time and since the Code is not a compulsory step, many companies are taking the entire issue of sexual harassment lightly.

A representative from a women's group said the sexual harassment issue has gone on to become a butt of jokes among men at workplaces.

"Male employees fail somehow to realise just how serious the issue of sexual harassment is. And to make it worse, the law makers are dragging their feet in endorsing the Bill."

She said it was heartbreaking to note that leniency was to be reflected in the way issues affecting women were tackled by law makers.

"Another example is the rape law. Despite us, the women's groups having gone to great lengths to study the law and determine the weak areas and draft out the proposed amendment, we still face a setback.

"The rape law is in desperate and urgent need of reform but regrettably the policy makers fail to realise this," she added.

Based on a report on rape cases done by Awam in 1999, only about 10 percent of reported rape cases in the Federal Territory ended up with the perpetrators being charged in court and only half were convicted.

Where the rape law goes, among the changes requested by the women's groups include widening the definition of rape, making marital rape an offence under the law, recognising the concept of aggravated rape and implementing a graded scale of punishment for rape cases.

To date, the memorandum is still where it started as - a memorandum.

Aggressive approaches needed?

Yet another depressing scenario is that which concerns the Domestic Violence Act 1994, which came into being after almost a decade long lobbying by women's groups. And still the DVA has come with some shortcomings.

While it officially recognises spousal abuse as a crime, it is neither here nor in the existing rape law that marital rape is recognised as an offence

.Perhaps more aggressive approaches must be taken to remind the powers that be that they have an obligation towards ensuring the equality of women in all aspects of civil society - after all the government has ratified the Convention on All Forms of Discrimination Against Women (CEDAW) in 1995, making it obligatory for state intervention in protecting women's rights in all spheres of society.

Can the government then come out and say it has done or is doing its best as per its obligation towards the Malaysian womenfolk?

JJ RAY started her working career with the mainstream publication. A non-conformist, she realised in the years of her work the barriers that came in her way when she tried, through her writings, to make the world a home for one and all.