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Sexual harassment

 In recent years, growing recognition has been given to a subject that was once taboo: sexual harassment in the workplace. More and more, the problem of unwelcome and unwanted harassment of a sexual nature is being tackled in the legislatures, and visibly, in the courts. This month's interview faces the question of sexual harassment: what it is, where it happens, and what more and more countries are doing about it.

In a recent article in the International Labour Review, Jane Aeberhard-Hodges of the Equality and Human Rights Coordination Branch of the International Labour Organization in Geneva, examined judicial and arbitral trends regarding sexual harassment. In her study, Ms. Hodges found that serious concern with sexual harassment at work is recent, but growing. Twenty years ago, it was not recognized as a problem, the phenomenon was ill-defined and legal protection was almost non-existent. Today, men and women, employers and workers, lawyers and judges need to know what it is, what rules apply, and what limits exist.

                    

Ms. Hodges spoke recently with World of Work magazine on what constitutes sexual harassment, outlined legislative action and judicial decisions concerning the practice and work worldwide and how recent trends show an evolution in social responses to it.

World of Work: We hear much about sexual harassment at work today. What constitutes sexual harassment?

Ms. Hodges: Most definitions of sexual harassment combine three elements. Accordingly, sexual harassment involves unwanted behaviour of a sexual nature, and a perception by the victim that it has become a condition of work, or creates a hostile, intimidating and humiliating working environment. It can involve physical contact, expression of sexual innuendoes, sexually coloured comments and jokes, the exhibition of pornography, or unnecessary and unwanted comments on a person's appearance. There are many examples throughout the world of well-known cases that constitute sexual harassment. In an overwhelming number of cases, the victims are women, but there are more and more cases of men being harassed by women. There are also cases of "same-sex" sexual harassment.

World of Work: Where does it usually occur and why?

Ms. Hodges: Sexual harassment occurs all over the world. Many studies show that the primary victims are younger women in their first jobs, or women returning to the workplace after a career break. The victim is usually vulnerable, due to age for instance or employment status. In some cases, the timidity - what you might call society's conditioning - of the victim is also a factor.

World of Work: How pervasive is this problem, especially in the workplace?

Ms. Hodges: The studies are striking. Millions of women are suffering sexual harassment, as we speak. The problem is how to point them out, even though, as I said, the definition is pretty simple. Studies carried out here in Switzerland, for example, show that even on a confidential basis, few women would make official complaints of being sexually harassed. So, the official figures we have, based on public studies, are probably the tip of the iceberg.

World of Work: Are there still some societies where sexual harassment is tolerated, expected as part of getting a job?

Ms. Hodges: In some countries, apparently yes. I think the whole idea of droit de cuissage is gone, although some might say that it is still alive in some places but in a different form. But in some cases, it is certain, that sexual harassment occurs, particularly in terms of getting a job. There have been reports that in some European cultures, for example, women find sexual harassment offensive, but accept it as an unpleasant fact of life.

World of Work: In your study, have you seen any kind of increase in reporting of cases?

Ms. Hodges: Definitely. In fact, the United States Equal Employment Opportunity Commission (EEOC) has published figures in 1996 estimating over 15,000 reported cases. These are allegations and not all of them will be substantiated. But they have seen an enormous increase in such reports, from some 6,000 cases annually reported to the US EEOC in the late 1980s.

World of Work: Until the mid-1980s, few countries had adopted explicit legislation on the subject. What kind of legislation has in the past, or is now being adopted and applied, and how would you characterize the difference between the two?

Ms. Hodges: The evolution of such legislation over the past 20 years has been significant. Specific laws now address sexual harassment as a wrong and as unacceptable in places of employment. In addition, there are labour codes addressing the issue and laws on human rights and equality covering all aspects of gender-based discrimination. But there are very few international instruments, as I have pointed out in the International Labour Review, that take on sexual harassment specifically at the international level, such as the 1992 General Recommendation under the United Nations Convention on the Elimination of Discrimination Against Women (CEDAW). The ILO is, in fact, the only organization with a Convention containing a provision banning sexual harassment, in this particular case, against indigenous women. We do not, however, have an ILO convention against sexual harassment. Rather, this subject has been treated in ILO Convention No. 111, in the context of sex discrimination.

World of Work: How many countries have taken specific action, adopting legislation regarding sexual harassment, sexual discrimination, etc.?

 Ms. Hodges: The number of countries is adding up. Currently, there are some 36 countries with legislation specifically targeted against sexual harassment. In addition, if you start looking at countries which have very broad health and safety legislation, this could also be extended to cover sexual harassment as a danger to the health, both mental and physical, of an employee. There are also remedies for sexual harassment to be found in implementing workers compensation legislation.

World of Work: What is the driving force behind this upsurge in legislation and official interest in adopting new legislation, or implementing or reinterpreting existing laws and conventions?

Ms. Hodges: This has to be answered on several levels. First, you cannot deny that society in both developed and developing countries is far more aware today than yesterday that harassment, particularly of women, is a common and dangerous issue in the workplace. Then there is the role played by women's groups, non-governmental organizations and trade unions in the context of this issue. Another example is the international conferences run by the United Nations, such as the Fourth World Conference on Women held in 1995 in Beijing. Delegates to that Conference addressed workplace issues, and the ILO was there, represented, visible, and able to say, yes, we don't have a Convention on this but we have standards which can be used, and have been used. One major impact of the Beijing Conference was to give international recognition to the issue, and to open up a discussion on such issues in the context of women's rights and human rights. Finally, the fact that instead of losing cases, women are increasingly winning them, has had the effect of sparking interest in the public in legal means of gaining redress for sexual harassment.

World of Work: Is the new sense of interest in laws on sexual harassment, coupled with an increasing number of such laws, having a "trickle-down" effect in the workplace, and what is the ILO doing in this area?

Ms. Hodges: Laws and enforcement procedures are pointless unless they have an impact at the workplace. I think in North America, in Western Europe and in other areas, women are now prepared to make complaints because they see that these do not fall on deaf ears. In many situations, however, the impact has been less striking. That is why working with groups like trade unions is an important strategy of the ILO. Unions in places where a majority of workers are women, vulnerable women, can go out and inform employees of their rights, of existing laws and how they can use them. Another area is among employers. The Bureau for Employers' Activities has just produced a quality brochure which features a whole page on sexual harassment. Also, our work with recently democratized or recently independent countries has led to the rewriting of numerous labour laws, with, in a large number of cases, attention being paid to sexual discrimination in employment. The process is lengthy and involves very specific work, but in the long term it is paying off in its impact and results.

                                           

Harassment at the workplace

 

 

Usman Ghani

On the job harassment of women is not a new phenomenon the world over. It is a problem in both villages and cities. Combating the problem is difficult. Women don’t want to discuss these issues. They prefer to suffer in silence. Incidents of harassment are reported at workplaces, public venues and universities from all over the country, according to the Human Rights Commission of Pakistan. These are the forms of extreme physical abuse. Most cases of harassment go unreported — but some figures suggest cases are increasing.

Harassment starts with any gesture, stares or remarks that make women feel insecure and uncomfortable. Any unwelcome activity tied to employment decisions or benefits is unethical harassment. Recognize that sexual harassment may include jokes, vulgar language, sexual innuendoes, pornographic amorous, sexual gestures, advances. Article 25 of the constitution of Pakistan, Equality of citizens, says, “All citizens are equal before law and are entitled to equal protection of law. There shall be no discrimination on the bases of sex alone and nothing shall prevent the State from making special provisions for the protection of women and children”. Today, the economic implications have forced the women to come out of their houses and work at different organizations dominated by males. With the women’s increased entry at the workplace, the cases of harassment have begun to increase and this factor has become one of the major impediments for the women who wish to join the national workforce. Domestic servants feel insecure while working in houses. There is a need to strengthen the efforts to create a safe environment where women can work with dignity and respect. No matter how much educated or modernized we become, most of us cannot comprehend the fact that women are an honourable part of this society, no matter if they are inside homes or are working in offices. Most women in our society are working out of some sort of compulsion, may it be financial constraints or just to pass their free time. They have to work harder than their male counterparts to gain same respect, salary and a place at her job. But still a woman faces the cynicism of her male colleagues. For working women, the absence of any law means not only that such harassment can go unchecked, but also that most victims will choose to remain silent than speak up for fear of losing their job. It is a universally acclaimed fact that women are better, sincere, honest, responsible and more hardworking than their male counterparts. But, still, the male bosses are reluctant to give them a responsible position. Although we are progressing as a society and advancing in science and technology, but when it comes to women we are still living in the Dark Ages. As a developing nation we need to realize that women are equal part of this society and need similar respect as her male colleagues. The attraction that workers feel for each other in the workplace were shown to exert a positive effect on the overall performance of the workers. Globalisation is here to stay, whether we like it or not; whether we close our eyes to it and hide our heads in the sand like an ostrich, the world is rapidly moving towards a global market. One effect of this globalization process is that more and more women are joining the job markets.

The number of women doctors, engineers, lawyers, and teachers, is on the rise. As more and more women have entered the job market, inter-gender problems and conflicts have also emerged. Rules governing harassment and seeking to punish offenders, especially in a society like Pakistan’s can be quite a gray area. Among the most common forms of harassment in Pakistan are the discomforting gazes that follow a woman wherever she goes, as soon as she sets foot outside her home.

Harassment in all the workplace and in educational settings creates an environment that demeans people and has a negative impact on individual performance and effectiveness as well as organizational productivity and unit morale. As sensitivity to this complex issue has been recently heightened, there exists much confusion, even about exactly what constitutes harassment, as well as about modalities appropriate for dealing with the problem. Harassment has important implications for men and women. Irrespective of the details of the law, all individuals desire and deserve a workplace where they are treated with appropriate respect in a comfortable environment conducive to effective teamwork and optimal productivity. As such, leaders and employers must set the pace in affirmatively combating sexual harassment in the workplace including educational settings.

Hharassment at workplaces every aspect of life — mental, emotional, physical, financial and social. It’s not just about work. As an employer, it is responsibility of employers to maintain a workplace that is free of harassment

Hashim Abro

Women and girls are among those most affected by the violence and economic instability associated with armed conflict. Whether at home, in flight or in camps for displaced people, women are threatened by rape, domestic violence, sexual exploitation, trafficking, sexual humiliation and mutilation.( Women, Peace and Security UNIFEM).

Of course, women constitute more than fifty per cent of our society. Their role deserves handsome praise both in the birth and building of this country of their role. For the last ten years, they proved their mettle in all walks of life and somewhere they have outshone even their male colleagues. But it is a really sad story. Indeed, a tale for tears. The behaviour of their male colleagues is undesirable. Many women complain about sexual harassment at the workplace and this menace has compelled lots of women to either leave their job or work with embarrassment.

I have been working as nurse in a hospital for last few years. Although it was my passion to serve humanity by joining this profession but attitude of the people has really discouraged me to continue with the job anymore. My male colleagues, patients and their attendants behave in such a harassing manner, which has made it impossible for me to work in a dignified way. I am very depressed and find no solution to this dilemma”. This excerpt, depicting the state of harassment met by working women, has been taken from a letter recently published in an Urdu daily. Another case in point is that of male patient who reportedly took off his trousers and exposed himself recently terrified a nurse on night duty. The nurse had to run away from the room to save herself. She reported the incident to the high-ups but the management took no action. These are just two incidents to quote here otherwise there are hundreds of women who become victims of such harassment at the workplace daily.

Today, the economic implications have forced the women to come out of their houses and work at different organization that’s why we find many women working in offices, which are dominated by males. With the women’s increased entry at the workplace, the cases of sexual harassment have begun to increase and this factor has become one of the major impediments for the women who wish to join the national workforce. Landlords and contractors often sexually exploit women working in fields and mines. Domestic servants feel insecure while working in houses. There is a need to strengthen the efforts to create a safe environment where women can work with dignity and respect. Article 25 of the constitution of Pakistan, Equality of citizens, says, “ All citizens are equal before law and are entitled to equal protection of law. There shall be no discrimination on the bases of sex alone and nothing shall prevent the State from making special provisions for the protection of women and children”.

Even though various organizations have been working on the issue but the initiatives taken by Action Aid are worth mentioning. Along with some like-minded NGOs working against sexual harassment and violence against women, Action Aid has founded Alliance Against Sexual Harassment at the workplace (AASHA), which is a coalition of eleven organizations. The alliance has closely worked with the government to draft a code of conduct for gender justice. The main objective of the code is to make a comprehensive law to tackle the problem with the coordination of civil society organizations and government departments. This code has been adopted by 265 organizations including multinationals, small business entrepreneur, non-governmental organizations and private national companies who have established their three-member enquiry committee, responsible for dealing with cases of sexual harassment and promoting an environment free of abuse, exploitation and harassment. The code is designed to become part of the management policies of public, private, nongovernmental organizations and educational institutions.

Through this platform, various studies have been conducted to see what exists on sexual harassment. The exercise was aimed to assess the level of awareness about the issue among the workforce and how have cases been dealt with in the workplace. The checklist included nurses in the private and public sector, domestic workers, women working in fields and brick kilns, office workers in multinational, public, corporate sector and sales girls. For the sake of creating awareness about the issue in the different segments of society, various events are organized from time to time. In this connection, an Award ceremony was held recently in Karachi. Those associations were given awards that have done remarkable jobs in the promotion of gender-equity at the workplace.

Similarly a Working Women’s Assembly was organized in Islamabad. It was open for all working women, management, private sector, government sector, civil society and students. Aqsa Khan, a women rights activist, said that the effort is aimed at creating awareness about this serious problem being faced by the working women. She said that women must get their proper status in the society. “We, through the platform of AASHA, are utilizing all the available resources to launch a mass awareness campaign and are hopeful to get the desired results”.

Another interesting feature, in this regard, is the introduction of a campaign “One for solidarity” in which member organizations have been successful in getting others to adopt the Code. Sexual harassment is a fact of life that not only negates the fundamental rights of women, but also restricts them from taking an active and effective part in the society. This has negative implications for social and economic growth at the national level. It is high time to join hands with AASHA in its campaign to bring behavioural changes at all levels in addition to influencing laws and policies otherwise the working women of this country will continue to suffer from the menace of sexual harassment.

Sexual harassment and the law worldwide:

What are the trends?

Until the mid-1980s few countries had any explicit legislation on sexual harassment, though broader legislation has been increasingly applied to the problem, resulting in relevant jurisprudence. From the early 1990s many more countries have passed specific legislation - some 36 countries now have such legislation. In a recent article in the International Labour Review (ILR), Vol 135 (1996), No. 5, entitled "Sexual harassment in employment: Recent judicial and arbitral trends" Jane Aeberhard-Hodges, an ILO lawyer explains recent trends.

Trends in judicial decisions concerning women workers may be one of the more reliable indicators of womens status - as pointed out in the ILR more than twenty years ago by another ILO lawyer, Felice Morgenstern, writing on women workers and the courts. [Vol.112 (1975), No. 1, July] Then, sexual harassment did not even figure among the subjects taken up. But her point is proven by the topics she did take up then - access to employment, job tenure, equal pay, retirement age, social security, maternity protection and family responsibilities- all problem areas in which there has been enormous progress in 20 years' time, partly thanks to legislation backed up by the courts.

In the more recent article, Ms. Hodges mines a wide range of sources - reported judicial decisions and arbitral awards, academic journals, UN and other international reports, the results of monitoring the implementation of ILO standards, and the press - for understanding on how sexual harassment is being defined and what rules apply. That can be explicit national legislation on sexual harassment, reflecting perhaps the European Commissions Code of Practice on sexual harassment at the workplace, but also equal employment opportunities (discrimination) and human rights legislation, labour legislation, civil remedies such as torts and negligence, and even criminal law. Not only does she offer a valuable review of recent decisions in all regions, including determination of liability, remedies and sanctions, she also provides an impressive list of references for those wishing to pursue the