The Code of Practice on the Prevention and Eradication of Sexual Harassment in

Since the 1980s, the women activist groups in Malaysia have been striving to create greater awareness amongst Malaysians to convey more consciousness on the issue of sexual harassment (De Lima, 2003, p.6). It is one of the key areas of focus of the Joint Action Group Against Violence Against Women (JAG) since it launched its campaign in 1985. Unlike rape and domestic violence, sexual harassment has only recently been articulated and recognized as a social problem. The exposure is given by the media on the Jennico Associates Sdn Bhd vs Lilllian Theresa de Costa sexual harassment case in 1997 and the continual pressure from women activist groups compelled the Ministry of Human Resources, Malaysia to recognise that sexual harassment is indeed a problem to be cogitated.

In August 1999, the Ministry of Human Resources (MOHR), Malaysia launched the

Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace (Code of Practice) for employers in the private sector. The Code of Practice

was the mutual resolution which resulted from a collaboration between the women's groups, unions, employers and government.

The following is an excerpt from the Keynote Address of Y.B. Dato' Lim Ah Lek, then Minister of Human Resources, Malaysia, at the official opening of the National Workshop

“There may be no conclusive research findings on the incidence of sexual harassment

in this country, but we are very sure that the problem does exist at least in certain workplace especially those with large female workforce, and we are convinced that the situation already warrants due attention and remedial action so that it does not get worse. There is ample evidence everywhere that a high percentage of sexual harassment cases occurring in the workplace go unreported. Due to embarrassment, helplessness and fear of being ridiculed or, worse still, of losing their jobs, most of the victims of sexual harassment were prevented from raising the problem and therefore had to suffer in silence. ”

The Code of Practice was the first documented effort by the government to characterize and tackle the issues of sexual harassment at the work place (“Malaysia in urgent”, 2005, p.1). The Code of Practice acts as a comprehensive guideline to employees, trade unions and other relevant parties on the protection of the dignity of women and men at work. It is also a handbook for employers to establish an in-house procedure to handle issues of sexual harassment that includes a policy statement prohibiting sexual harassment in the organisation, a clear definition of sexual harassment, a complaint/grievance procedure, disciplinary rules and penalties against the harasser and against those who make false accusation, protective and remedial measures for the victim (De Lima, 2003, p.6; De Lima, 2003a, p.6).

The Code of Practice was extensively promoted by the Labour Department via a series of workshops to assist employers in setting up an internal mechanism at their workplace. Then again, adopting the Code of Practice was voluntary for employers and MOHR

lacked the legal force to compel organisations to adopt the Code of Practice (Sonia, 2008, p.27 & Lai, 2007, p.29). As such, it relied heavily on the convincing force of the MOHR and the acquiescence of management (Ng, Zanariah & Maria, 2003).

Despite the uncertainty of the number of companies that may have adopted the Code of Practice since its introduction, the reaction from the employers was not encouraging. Then Human Resource Minister Datuk Dr Fong Chan Onn was of the opinion that this discouraging response was a sad reflection that many companies were taking the issue of sexual harassment lightly (Surenthira, 2004). The minister also commented that the campaigns and workshops that were held on sexual harassment received only lukewarm response from the companies (Surenthira, 2004). This also denotes that victims of sexual harassment in organisations that did not adopt the Code of Practice, had very little avenues for complaint or to seek redress, other than to file a report with the police or with the Labour Department (Lai, 2007, p.29).

In September 2008, then Human Resources Minister Datuk Dr S. Subramaniam, announced that sexual harassment will become an offence, when it is incorporated into the Employment Act 1955 by early 2009 (“It’s an act”, 2008, p.28). The ministry had planned to make it a regulation for all employers to implement the Code of Practice in the workplace (“It’s an act”, 2008, p.28). The regulation will make it compulsory for all employers to probe into any complaint that is made on sexual harassment and report it to MOHR. The amendment to the Employment Act will also make it the responsibility of

also required to appoint sexual harassment officers to probe into complaints made and give suggestions for further action (“Special officers to”, 2004, p.2).

The said regulations will provide alternatives to sexual harassment victim to seek adjudication with the Labour Department if the victim is not satisfied with the internal inquiry, or if the employer fails to investigate their complaint and was gender neutral (Vasudevan, Joseph, Gomez & Lli, 2009, p.10). Additionally, under the regulation employers are liable to be fined up to RM 10,000 for failing to act on sexual harassment complaints (Ng, 2010, p.1). However, for this ruling to take effect, the Employment Act 1955 needs to be widened and the first step is to remove the salary limit so that it would apply to all employers and employees in the private sector (“It’s an act”, 2008, p.28).

Nevertheless, there was a mixed reaction in making sexual harassment in the workplace an offence via the proposed amendment to the Employment Act 1955. The women’s groups had applauded the move but with a stipulation, while employers had contested, and one expert proposed making sexual harassment an occupational safety offence (“It’s an act”, 2008, p.28).

Sexual harassment in Malaysia can be understood from the differing viewpoints of the Ministry of Human Resources (MOHR), The Malaysian Employers Federation (MEF) and the women activist groups. The cohesive and coherent political will in support of sexual harassment is reflected in the contradicting statements by the three groups.

2.4 Differential of Perception between The Malaysian Employers Federation (MEF)