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Wednesday, July 20, 2022

Sexual harassment law: Azalina opposes ministry sec-gen as 'moral enforcer'

 


PARLIAMENT | Azalina Othman Said (BN-Pengerang) today raised objections against the appointment of the Women, Families and Community Development secretary-general as Special Anti-Sexual Harassment administrator under the Anti-Sexual Harassment Bill 2021.

Azalina, in her debate, argued that the proposed appointment risk a single individual being given the task of a "moral enforcer" against sexual harassment, a situation open for legal challenge under administrative laws.

"I have never seen in any parts of the world where there exist the position of administrator (against sexual harassment).

"This is unacceptable because how can there be one individual, the secretary-general, being appointed as administrator," said the former law minister.

"Why should the secretary-general be the moral police for sexual harassment? It's illogical," she stressed.

The appointment and functions of a Special Administrator for Anti-Sexual Harassment was detailed under Section 24 and Section 25(1), Section 25(2) of the Anti-Sexual Harassment Bill being debated for second reading today.

In supporting the bill, Azalina cited existing mechanisms under the Child Act 2001 that would see the proposed functions of a single administrator, including to promote prevention and awareness programmes, carried out by a committee.

"It would be better, more appropriate and just for such matters to be referred to a committee," she said.

Azalina also agreed with Segambut MP Hannah Yeoh's suggestion that committee members should comprise individuals from various ethnic backgrounds, ensuring decisions made will take into account issues, including different definitions of factors contributing to sexual harassment.

"That is why for me, I feel that powers of the minister (under Section 25 and Section 25) can be expanded," she said.

Azalina added that a minister could be made accountable in the Dewan Rakyat, unlike if the ministry's secretary-general takes the administrator role.

Yeoh and other lawmakers debating the bill yesterday had touched on the administrator's role, stressing the importance of non-discrimination based on clothes worn by sexual harassment victims or their appearances.

In her speech, Azalina also noted that current provisions would see the setting up of an Anti-Sexual Harassment tribunal for civil settlements, but no such bodies will be formed at the state or division levels, unlike existing consumers or house buyers tribunals.

She pointed out that the current proposal could pose a challenge to victims unable to access the tribunal, including individuals suffering from health or mental issues. - Mkini

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