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In Malaysia, sexual harassment, as defined by the Employment Act 1955, is “any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive, humiliating or a threat to their well-being”. The Act does not distinguish between male and female or employer and employee. As such, sexual harassment can be committed by a female against a male, or an employee against an employer.

The earliest recorded cases of sexual harassment at the workplace or misconduct of an employer towards an employee were seen as far back as 1939, at the time when Malaysia was still Malaya under the British colonial rule. In 1941, the Klang Indian Union organised a series of strike action and as part of their demands, condemned the molestation of female workers by Europeans and ‘Black Europeans’ and demanded an end to such behaviour. In 1950, 106 women and men rubber tappers from Panavan Karupiah Estate in Perak went on strike to further champion the cause.

In the face of sexual harassment today, what should you do and shouldn’t? We at RAAGA explore and inform.

The Do’s 

-Indicate clearly that you are uncomfortable with the behaviour. Say NO effectively and emphatically. It is more important to be firm than polite. If you are more comfortable not speaking to the perpetrator face-to-face, send an SMS or email. This message and the perpetrator’s reply may also be used as evidence.

-Collect evidence – Start a log and note down dates, times, places and who was present at the time of the incidents. Be sure to give detailed accounts of the unwelcomed sexual behaviour. Keep any email or SMS correspondence with the harasser as evidence. Taped evidence is also useful.

-Alert or inform someone whom you trust at the workplace of the harassment. Talk to friends or family members that you trust about the incident. Even if they were not present at the harassment scene, they may be able to support your case as witnesses.

The Don’ts

-Don’t be unclear. Be clear and specific about the behavior that is making you uncomfortable. Research  shows that confronting the harasser directly sometimes puts a stop to the harassment.

- Don’t be frightened.  It will just fuel the perpetrator’s ego. Many victims don’t feel like they can report harassment, or don’t want to, because of fear and the feeling of helplessness.
  
-Don’t make excuses for not complying. It would be  best to give out a clear indication with a firm “no”.

- Don’t ignore it. The harassment is unlikely to stop if you ignore the issue and hope it will go away.

It is important for victims of sexual harassment to process their feelings about their experience. Sexual harassment can be traumatic and may cause long-term psychological effects. Victims of harassment may experience a range of emotions, including confusion, humiliation, fear, anger, isolation and guilt.

If you need advice or help you can reach out to the All Women's Action Society on their Telenita help line at 016- 237 4221. You can also mail them at telenita@awam.org . A friend is ready to help you on the other end of the line. 

Info via  SUHAKAM Report on The Status of Women’s Rights in Malaysia 2010 & All Women's Action Society

By Thineshkan