PETALING JAYA: A report by the Asian Strategy and Leadership Institute (Asli) has suggested that Malaysians are generally unaware of existing laws that cover sexual harassment cases.
Only 17% of respondents knew about the relevant provisions under the Penal Code, 14% those under the Employment Act 1955 (14%), 12% those under the Sarawak Labour Ordinance Chapter 76 and 10% under the Sabah Labour Ordinance Chapter 67.
It said a majority of participants felt that existing laws were not sufficient in preventing and curbing sexual harassment.
The report said existing definitions under the Employment Act (Act 265) only cover sexual harassment occurring during employment.
“There is no specific law in this country that comprehensively tackles the issues of sexual harassment in all places, including the workplace and public places.
“The offence of sexual harassment is currently prosecuted through a mix of provisions arising from different pieces of legislation.”
It added that these provisions are also not up to date with technological advancements.
Current laws also do not oversee certain offences such as:
1) offence of upskirting;
2) offence of sending letters with intent to cause distress or anxiety; disclosing private sexual photographs and films with intent to cause distress; and non-consensual taking and sharing of intimate images;
3) offence of unlawful stalking;
4) offence of cyberbullying; and,
5) offence of disclosure of personal information to cause violence or harassment to others, also known as doxxing.
It also found that the majority of respondents would report incidences to the police (85%), to managers or human resources divisions in a company (72%), trade unions or workers’ representatives (65%) or lawyers (70%).
Among Asli’s recommendations was to draft a standalone act that provides for certain offences and their punishment, and also to specify the civil mechanism for victims to obtain assistance, protection orders and civil remedies.
It also recommended the establishment of a Designated Officer Office and/or Commissioner Office, that includes officers to assist and guide the sexual harassment victim.
It also suggested setting up a tribunal to deal with sexual harassment matters.
Permatang Pauh MP Nurul Izzah Anwar, who launched the report, said a draft of the Sexual Harassment Bill may be tabled in Parliament sometime next year.
She added that she would share Asli’s recommendations with the lawmakers.
“I think what’s more important is direct engagement with the ministries concerned. It is important that all views are looked at.
“The bill must not be rushed when it is presented in Parliament so that sufficient time is given for feedback or reflection by lawmakers for it to be workable.”
She said such a standalone act would also require some amendments to existing laws. “These have to be done in tandem,” she said.
From January 2019 to June 2019, there were 711 reported cases of sexual harassment under Sections 354, 377(D), 377(E) and 509 of the Penal Code (or Act 574). - FMT
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