Harassed? Know your rights!
Sexual harassment occurs in many forms and can happen in a variety of circumstances. Inform yourself with these necessary facts.
Cases of sexual harassment, at for instance a workplace, usually boil down to "he says, she says.” Yet the biggest challenge with sexual harassment is not just proving that it happens, but that more often than not it is quite subtle.
During 16 Days of Activism, we need to recognise that gender violence and abuse come in many forms.
In some harassment cases, even the perpetrator and the person facing harassment may not be aware that what is happening is not ok, or that a crime has been committed. Sometimes he is not always aware of perpetrating a violation, and the woman may be left with an unsettling discomfort, but not be able to articulate exactly why she feels out of sorts. Therein lays the tragedy.
The SADC Gender and Development Protocol calls upon state parties to ensure that by 2015 they enact legislative provisions, adopt and implement policies, strategies and programmes which define and prohibit sexual harassment in all spheres, and provide deterrent sanctions for perpetrators.
However, only two SADC countries currently have specific legislation against sexual harassment (DRC and Madagascar). In eight countries (Botswana, Mauritius, Mozambique, Namibia, South Africa, Swaziland, Tanzania and Zimbabwe) it is covered by labour law or assault. However, there are five SADC countries (Angola, Lesotho, Malawi, Seychelles and Zambia) where there is currently no legislation at all to protect victims of sexual harassment or to sanction perpetrators.
In addition, few people, men or women, are aware whether their workplace has a sexual harassment policy; still fewer of what it says. Sexual harassment is not just the obvious – where a supervisor asks for sexual favours in return for a promotion. Beware of the more subtle versions.
Identifying harassment
In one case, two male colleagues discuss their weekend conquests in detail within hearing range of some female colleagues who feel quite offended, embarrassed and even humiliated at the direction of the conversation. They blush and squirm with unease and discomfort at this.
They may be all too aware of the discomfort and offence they endure, but are they aware of what has truly transpired? That by such behaviour, these male colleagues are sexually harassing them? Do the male colleagues know that such careless banter oozing of misplaced male macho and prowess is actually a violation?
In another instance, a male workmate comments on the anatomy of a female colleague. This indeed could come as a compliment, at least at face value. "Hey, Tatenda, your butt is looking very appetising these days. I wouldn't mind a feel and a squeeze.”
Although a compliment on the outside, what if the women feels embarrassed at the attention drawn to her body parts and is reasonably shocked at the offense and amount of sexual innuendos in this supposed "compliment”? She may not like it, but is she aware of the magnitude of the violation? Worse still, is she even aware of potential recourse to this, let alone the procedure of addressing this?
When it happens at work
People in the workplace should be aware of the facts around sexual harassment and particularly be mindful of the subtle. While most perpetrators and potential perpetrators are aware and even avoid obvious violations like rape and others, they do get away with a whole lot of subtle but poignant violations. And they get away with it because we let them. Ignorance is not an excuse.
Unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature constitutes sexual harassment. In such a case, submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. This may take many forms:
• Threats to impose a sexual quid pro quo;
• Discussing sexual activities;
• Telling crude or off-colour jokes;
• Unnecessary touching;
• Commenting on physical attributes;
• Displaying sexually suggestive pictures;
• Using demeaning or inappropriate terms, such as "Babe";
• Using indecent gestures;
• Engaging in hostile physical conduct;
• Granting job favours to those who participate in consensual sexual activity;
• Using crude and offensive language
When faced with this situation, it is helpful for the victim to inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
During 16 Days of Activism, let's make it our business to know all the form of violations against women (and indeed men too). Learn as much as you can about sexual harassment. Ask your human resources officer. If some material is posted at your workplace, READ IT. It is not a wall decoration, it is meant for you to know it and use it for your protection.
Have you been a victim of sexual harassment? Share your experience with other readers in the box below...