The Women, Family and Community Development Ministry withdrew its support for the formulation of a Sexual Harassment Act, proposing instead that provisions be included into existing labour laws.

It suggested amendments to the Employment Act, Industrial Relations Act, Occupational Safety and Health Act 1984 but did not specify the nature of the amendments.

Women, Family and Community Development Minister Shahrizat Abdul Jalil had initially shown keen interest in the formulation of the Sexual Harassment Act. However, the ministry's new stand on the Act was revealed last Monday at a meeting between ministry officials and several women's groups.

This new development had not gone down well with some of the prominent women's groups in the country. These groups said that a Sexual Harassment Act is vital.

They argued that existing codes - Penal Code and Prevention and Eradication of Sexual Harassment in the workplace (the Code) 1999 - have limited scope of coverage to protect employees.

"The proposed Bill will also provide concrete mechanisms to deal with the problem," said All Women's Action Society (Awam) Alliance Building Manager Betty Yeoh.

"Once it is legislated as law, it will be easier for victims to get help and stop the crime as the victim has opportunity to seek redress through the company, a third tribunal and at the court level," she added when contacted.

Main concern

She said the main concern of women's organisations is that with the proposal to amend labour laws, the Sexual Harassment Bill will not be tabled.

"Piecemeal amendment of labour laws would only cover the private sector and public sector employees would not be covered. Victims of sexual harassment will find it difficult to seek redress," she added.

Yeoh also pointed out that women will continue to face abuse and discrimination at their workplace as long as there is no such law.

"This would definitely be against the spirit of the amendment to Article 8 (2) of the Federal Constitution which prohibits discrimination based on gender," she stressed.

She argued that by not having this Act, employers will not take voluntary steps to implement the necessary mechanisms.

Sisters In Islam (SIS) legal officer Razlina Razali and Women's Development Collective Executive director Maria Chin Abdullah also supported the idea to have a Sexual Harassment Act.

Maria said amending the laws is not going to resolve the problem.

"We will persist with the ministry on the Sexual Harassment Act," she added when contacted.

Employers federation opposes

As women's organisations lobbied for the act to be tabled, the Malaysian Employers Federation (MEF) is opposed to it.

"We at MEF are very much against any action for legislation in prevention of sexual harassment... We are against the Sexual Harassment Act," said its executive director Shamsuddin Bardan when contacted.

He said he reported cases of sexual harassment in the last six or seven years, have not been alarming. There are only 0.6 percent or less than 300 cases reported.

He added that the amount of cases reported so far are not high, and as a result it does not warrant any legislation to take place.

However, he said that if sexual harassment cases become rampant then such a law would be required.

On the same note, Shamsuddin agreed that sexual harassment is a serious offence and should not be taken lightly by employers.

He also emphasised that employers have been giving a lot of attention to every sexual harassment case reported.

Acknowledging that there are many who are suffering in silence due to fear of reporting sexual harassment cases, he said the victims have the right to raise the matter.

Instead of legislating a law, he suggested that campaigns for employees and employers be conducted to educate them on the issue.