THIS year, the United Nations UNiTE Campaign under the overarching theme, “Leave No One Behind: End Violence against Women and Girls.”
From November 25, the International Day for the Elimination of Violence against Women, to December 10, Human Rights Day, the 16 Days of Activism against Gender-Based Violence Campaign is a time to galvanize action to end violence against women and girls around the world.
One type of violence, more specifically sexual violence against women in the workplace has been headlining the news lately.
The workplace should be a place where we go daily to fulfil our obligations to our employers. Implicit in this arrangement is an understanding via contract, written and unwritten, as to the other conditions of our service. Chief among these, are that we be punctual and be of personal conduct acceptable to good human relations.
But there is also a corresponding obligation — that employees, both male and female, be made to feel safe from any personal harm or injury. That has always been the traditional meaning of a safe working environment.
Guyana is guided by some strong, progressive and gender-inclusive laws, including the Domestic Violence Act 1996 Chapter 98:01 and the Sexual Offences Act Chapter 8:03. This Act reveals that there are no specific laws which protect against sexual harassment in workplaces, which renders the need for this to be examined.
Section 8 of the Prevention of Discrimination Act Chapter 99:09 states that: “Any act of sexual harassment against an employee committed by an employer, managerial employee or co-worker, shall constitute unlawful discrimination based on sex within the meaning of section 4 of this Act and the Sexual Offences Act 2010. Section 4 further states that, “A person discriminates against another person if the first mentioned person makes, on any of the grounds mentioned in subsection (2), any distinction, exclusion or preference the intent or effect of which is to nullify or impair equality of opportunity or treatment in any employment or occupation.” These grounds include, inter alia, “race, sex, religion, ethnic origin and colour…”
Sexual harassment is covered under the Prevention of Discrimination Act of 1997. The section is very cursory and simply states that, “‘Sexual harassment’ is defined as unwanted conduct of a sexual nature in the workplace or in connection with the performance of work, which is threatened or imposed as a condition of employment on the employee, or which creates a hostile working environment for the employee.”
The law thus confines the offence to the workplace when in fact it can, and does, occur in any location. Schools, for instance, is a source for sexual harassment of female students by teachers, the most recent case in point is the Bishops High School case which was widely reported in the media.
But even with the limited ambit of our law, the problem is much more widespread than the reports indicate. In 2005 a U.S. State Department report on Guyana revealed that a study conducted by the Guyana Women’s Leadership Institute(GWLI) in a collaborative effort between the Government and the UNDP, asserted that sexual harassment was a significant problem. GWLI reported that, “while the problem is widespread, victims were reluctant to make official reports due to fear of the associated stigma and a lack of confidence in the legal system to deliver justice promptly.”
In Guyana, with its more than fair share of single mothers, maintaining a job is literally a matter maintaining one’s livelihood and most females are very reluctant to report cases of sexual harassment. But if the anecdotal evidence is to be believed, then closer attention has to be paid to all places of work, be it private or public sector organisations. These violations are not confined to the poor and include all strata and ethnic groups.
Many Guyanese men believe that sexual overtures are harmless, but the reality is that it can beset both physical and emotional anguish to women and girls. The more serious the nature of the harassment, the more harm will be inflicted on the victims.
Within recent times, the issue of the workplace and how safe it has been for female employees has come full circle, with shocking revelations dominating our international news headlines.
For the greater part of the year, there have been numerous revelations of inappropriate behaviour in all forms, ranging from rape and sexual harassment, in the form of allegations from some famous personalities, levelled against equally famous and powerful males.
These reports have emanated from famous places such as Hollywood; the United States House of Representatives; the British House of Commons, involving a few Members of Parliament, and even allegations against a former deceased prime minister; and the popular internationally known news outlets ranging from the BBC in England; ABC, NBC, CBS, AND FOX news in the United States.
The reality is that females in the workplace have been targets for the criminal acts of sexual abuse and violence in all forms, perpetrated by the those who are influential (in management and supervisory positions) the rich and powerful. These have not been recent, but instead have been the source of whispers in the corridors of power and influence wherever they are, with women being seen as fair game for the lascivious gluttony of those in positions of power.
The latest to fall by way of the ME Too route is the famed anchor Matt Lauer of the widely watched NBC TODAY show. This latest disgrace has shaken the American television news system to the core.
This brings sharply to the fore that we in Guyana can no longer sweep under the rug, instances of sexual harassment and sexual violence in the workplace or in any other environment for that matter. Sexual harassment of women and girls is a serious problem and many women/ girls in Guyana experience it daily.
It is clear that many do not understand their rights, much less how to deal with this problem. Considering Guyana’s unique ethnic, social and cultural conventions, legislation to define and penalise sexual harassment should be fully explored. It should incorporate appropriate mechanisms for public education on the Sexual Offences Act 2010 and Section 8 of the Prevention of Discrimination Act Chapter 99:09 about what constitutes sexual harassment, as well as grievance-resolution measures.
Sadly, the workplace as a domain of meaningful endeavours has become an extension of the societal jungle where women have continued to be violated and forced to accept sexual harassment as part and parcel of their employment obligations. We say no more to this form of violence against women!!