By Assoc Prof Dr Khairunneezam Mohd Noor, Dr Kartini Kamaruzzaman & Dr Norsimaa Mustaffa

Sexual harassment in the workplace is a pressing issue in Malaysia, impacting the well-being of employees and the productivity of organisations. Tackling this issue requires a comprehensive approach that considers legal frameworks, cultural norms, social contexts and religious values.

Sexual harassment refers to any unwelcome behaviour of a sexual nature that affects an individual's dignity, well-being or job performance. It can take various forms, including physical, verbal, non-verbal or psychological actions that make the victim feel uncomfortable or unsafe. Often, these behaviours are rooted in a power imbalance, where perpetrators exploit their authority over their victims.

Concerning picture

Recent statistic paint a concerning picture. Over the last three years, reported cases of sexual harassment in Malaysia have steadily risen. In 2021, there were 506 cases, increasing to 522 in 2023. Women make up the majority of victims, with more than 85 per cent of cases each year involving female victims. The workplace remains a significant site for such incidents, with 95 cases reported in 2023, eighty-eight per cent of which involved women.

Beyond workplaces, the prevalence of sexual crimes against children via social media has also surged, showing a 45 per cent increase in 2023 compared to the previous year.

One high-profile case involved a professor at a public university accused of sending inappropriate messages to a student. The incident sparked widespread debate on social media and highlighted issues of power abuse in academic settings. Specifically, this incident underscores the urgent need for stricter anti-sexual harassment policies in higher education institutions. Universities should establish accessible complaint mechanisms and provide protection for victims who come forward.

Furthermore, fostering professional ethics and respect among staff and students must be a consistent part of training and awareness programmes.

Legislation

Malaysia has taken steps to address sexual harassment through legislation such as the Employment Act 1955 and the Occupational Safety and Health Act 1994. The Code of Practice for the Prevention and Eradication of Sexual Harassment in the Workplace, introduced in 1999, offers employers guidelines for managing complaints.

Recent efforts to address sexual harassment in Malaysia reflect significant progress across legislative, corporate and community levels. The introduction of the Anti-Sexual Harassment Act 2022 marks a pivotal step, establishing a tribunal to handle cases and offering victims a more accessible and cost-effective path to justice.

Corporations are also stepping up, with many adopting zero-tolerance policies and conducting awareness campaigns as part of their corporate social responsibility (CSR) initiatives. Complementing these efforts, non-governmental organisations (NGOs) like the All Women’s Action Society (AWAM) play a crucial role in advocacy, education and providing legal assistance to survivors, fostering a collective approach to combating this pervasive issue.

Implementation challenges

Despite these measures, implementation challenges persist. Many victims remain silent due to fear of retaliation, lack of knowledge about their rights or the stigma attached to speaking out. Complex reporting procedures and inadequate protection for witnesses further deter victims from seeking justice.

Cultural norms also play a significant role in shaping how sexual harassment is understood and addressed in Malaysia. Traditional patriarchal values (a system of society in which men hold the power and women are largely excluded from it), often discourage women from reporting harassment due to fears of victim-blaming or societal judgment. Hierarchical workplace structures can exacerbate the issue, as harassment by those in senior positions frequently goes unchallenged.

Addressing these cultural barriers requires public awareness campaigns that promote respect for individual rights and condemn the normalisation of inappropriate behaviour.

The role of digital platforms in perpetuating harassment is another growing concern. While social media can amplify victims' voices and provide support networks, it can also serve as a tool for spreading harmful behaviours, especially when there is little control over the content being shared.

Addressing sexual harassment requires a multi-faceted approach. Employers must ensure their workplace policies are inclusive and sensitive to the needs of diverse employees. Collaboration among government agencies, civil society organisations and the private sector is vital in providing education, support and advocacy for victims.

Religion, particularly Islam, offers a moral framework for addressing this issue. Islamic teachings emphasise values such as modesty, respect and accountability. Verses from the Quran, such as Surah An-Nur (24:30-31), encourage individuals to lower their gaze and interact modestly.

The Prophet Muhammad (peace be upon him) also highlighted the responsibility of leaders to ensure a safe and respectful environment, stating, “Each of you is a shepherd, and each of you will be questioned about his flock” (Hadith narrated by Bukhari and Muslim).

Institutions and individuals can draw upon these principles to foster a harmonious, harassment-free environment. Campaigns promoting ethical behaviour, combined with robust legal protections, can help create workplaces that uphold dignity and equality for all employees.

Sexual harassment is not just a personal or organisational issue, it is a societal challenge. By breaking the silence and addressing this problem head-on, Malaysia can pave the way for safer, more inclusive workplaces and a culture that prioritises mutual respect and justice.

-- BERNAMA

Assoc Prof Dr Khairunneezam Mohd Noor is a Senior Lecturer in Da'wah and Islamic Management Programme, Faculty of Leadership and Management, Universiti Sains Islam Malaysia. He is also a Fellow in the Institute of Fatwa and Halal (IFFAH), Universiti Sains Islam Malaysia.

Dr Kartini Kamaruzzaman is the Head of New Media Communications Programme, Faculty of Leadership and Management, Universiti Sains Islam Malaysia.

Dr Norsimaa Mustaffa is a Senior Lecturer in New Media Communications Programme, Faculty of Leadership and Management, Universiti Sains Islam Malaysia.