Even an athlete's death failed to convince the nation's leaders on the importance of protecting women from such crimes.
COMMENT
Seventeen
years ago, the country was dumbfounded when a rising female athlete
committed suicide. The youngster, Rabia Abdul Salam, apparently had been
sexually harassed by her coach.
What drove Rabia to end her life? The shame of being a victim of
sexual harassment, of not being able to face life as a result of that?
Unfortunately, the Rabia episode failed to move the government to put
into place legislation to safeguard women from vile acts of sexual
harassment. Women continue to face sexual distress, be it at the
workplace or in public spaces, but the government is least bothered
about providing a helping hand.
In April 2008, the then minister Jamaluddin Jarjis was said to have
sexually harassed a female worker of a restaurant at a five-star hotel
in Kuala Lumpur.
Jamaluddin’s disrespectful act far from shocked the government of the
day. What, however, followed was that barely hours after the incident,
the victim withdrew her statutory complaint against Jamaluddin, and the
case was never heard again. He nows enjoys life as Malaysia’s ambassador
to the United States.
More recently, a female tourist guide who was forced by a travel
agency to share a room with a male tour bus driver had come forward
complaining that she was sexually harassed by him. Sexual harassment, it
seems, has been plaguing the female tourist guides for quite sometime.
But these female tour guides remain silent for fear of losing their job.
But for how long?
The absence of such invigilation also makes the perpetrator less fearful about the consequences of his actions.
While the government drags its feet in providing women protection
from “crimes” like sexual harassment, the non-compulsory Code of
Practice on the Prevention and Eradication of Sexual Harassment at the
Workplace, put in place in 1999, is no help when it comes to providing
women psychological relief from sexual harassment.
Indeed, it is appalling to note the government’s indecisiveness in
swiftly putting in place the much needed sexual harassment law to
protect women.
Sexist mindsets not welcomed
While the sexist mindsets found quartermiler Rabia’s death on Feb 25,
1994, not worthy of immediate action to protect more women committing
suicide to hide the shame of sexual harassment, time is no longer a tool
they can depend on to dismiss sexual harassment incidences taking place
in the country.
In this respect, sexist remarks made against an act so damaging to a
woman’s dignity must be dealt with severely. One such example was in
2009 when the Labour Department director-general Ismail Abdul Rahim
commented that having a Sexual Harassment Act “could lead to a dull and
rigid environment in the workplace”. Ismail’s words bear proof that
sexual harassment is not viewed seriously.
But then Ismail is not the only culprit who needs severe
reprimanding. Disrespectful Members of Parliament like Bung Mokhtar
Radin (MP for Kinabatangan) and Mohd Yusof Said (MP for Jasin) earned
the wrath of the women’s group for making fun of the female menstrual
cycle.
Yet, the MPs never cease to learn from their mistakes and continue to regard the issue of sexual harassment as a trivial matter.
Had the government been serious about the issue of sexual harassment,
it would long have criminalise sexual harassment. Instead, the
government, in all its apathy, has been a big letdown to the women
citizens of this country, who are left on their own in battling this
disturbing emotional scourge.
The recent incident of a tour bus driver forcing himself on a tour
guide while both were on an assignment received no feedback from Prime
Minister Najib Tun Razak, who has promised Malaysians that he is all
about “people first, performance now”.
What is worrying is that the Malaysian Women Tourist Guide
Association president Erina Loo Siew Ming, a tourist guide of 18 years,
had also been sexually harassed in the cause of her work. However, the
fear of becoming jobless forced these women tourist guides to endure
such humiliation in silence.
Sexist comments
Last year, when Women’s Aid Organisation executive director Ivy
Josiah lamented that Malaysia was still miles away when it comes to
awareness on sexual harassment, she certainly hit the nail on the head.
Josiah cited the 90-day maternity leave proposal for women as one example.
“The
Women, Family and Community Development Ministry and minister were all
for it but the Cabinet wasn’t. So the ministry backed down and that was
the end of it,” she was quoted by an English daily as saying.
Josiah added: “This government really needs to lead the nation in setting human rights standards.”
She then said only about 500 cases of sexual harassment were filed
with the ministry over a 10-year period. The number, however, did not
mean such cases were not prevalent.
Josiah said when the people were able to trust the system and
believed they would get some form of justice, only then would they do
something about it.
One such scenario was when the Domestic Violence Act came into being
in 1996, there was a 200% increase in the number of reports made the
following year. As Josiah said, “Women were just waiting for signs.”
Josiah was unequivocal when she said that the country had yet to
accord women due respect and this was evident from views of people who
hold on to the notion that sexual harassment was not an important issue
to deal with.
“Even in Parliament, sexual harassment is rife with MPs making sexist
comments. Parliament is the highest body and the parliamentary standing
orders should have a clear clause to ensure that sexism and sexual
harassment are not allowed,” said Josiah.
Sad day
In 2009, the Women, Family and Community Development Ministry
announced that it was in discussions with the Human Resources Ministry
regarding the proposed legislation. Its deputy minister Noriah Kasnon
said sexual harassment incidents affecting women were more than the
number of cases reported because most victims felt embarrassed or afraid
to lodge reports.
Noriah said between 2005 and 2008, there were 3,906 cases of sexual
violence and harassment cases, including rape and molestation reported
to the police. Another 27 disciplinary cases involving the public
sector, were reported to the Public Service Department.
“Besides, sexual harassment in whatever forms, be it physical, verbal
or psychological, was a serious offence under the Penal Code,” Noriah
had said.
While the two ministries take their time in deliberating the proposed
legislation, women continue to face sexual harassment, both at work and
in public domain. Just how much more longer will the “discussions” go
on, that too at the expense of the peace of mind of women in this
country?
Perhaps both ministries should take cognisance of how other nations
dealt with sexual harassment complaints. One such case involved former
Israeli president Moshe Katsav who on Dec 30, 2010, was convicted of two
accounts of rape, sexual harassment and indecent acts.
To Israeli Prime Minister Benjamin Netanyahu, the conviction marked a
“sad day for the state of Israel and its residents”. The premier added
that the conviction sent out two clear-cut messages, “that all are equal
before the law and every woman has exclusive rights to her body”.
Truly, as Josiah pointed out, Malaysia had a long, long way to go
with regard to awareness on sexual awareness. And when a sportswoman
kills herself because she was sexually harassed, that was a “sad day for
Malaysia and her people”.
Log on to WAO’s website at wao.org.my for details on what constitutes
sexual harassment, types of sexual harassment, employer’s
responsibility and steps you should take in dealing with it.