Sexual Harassment

What is sexual harassment?

Sexual harassment is a form of violence against women as recognised by the Committee on the Elimination of Discrimination against Women (CEDAW) General Recommendation No. 12 of 1989.  Both the International Labour Organisation (ILO) and CEDAW consider an act to be sexual harassment when a victim has reasonable grounds to believe that her objection to the act would disadvantage her in connection with her employment.

What are some of the forms of sexual harassment?

According to lawyer Rachel Zibelu, who has published a book on labour law which is widely used in Malawi, sexual harassment includes:

• Insults
• Jokes
• Insinuations and inappropriate comments on a person’s dress, physique, age and/or family situation
• A condescending or paternalistic attitude which undermines a person’s dignity
• Unwelcome invitations or requests that are implicit or explicit whether or not accompanied by threats
• Gestures associated with sexuality
• Unnecessary physical contact such as touching

Who are the victims of sexual harassment?

Most victims of sexual harassment are women. But men may also be victims.

What is an example of sexual harassment in Malawi which has been handled by the courts?

One such case involves Kamkosi against the Office of the Ombudsman. 

Ms Kamkosi was employed as personal secretary to the ombudsman. She alleged that the ombudsman created a hostile working environment that adversely affected her work.She alleged that the respondent’s conduct was in breach of the rules of natural justice and her constitutional rights. She then sought an order from the court that she be posted elsewhere or in the alternative, that the respondent’s conduct amounted to constructive dismissal and that she should be awarded damages for constructive dismissal.

She stated that her relationship with her boss, the ombudsman, became sour following a series of events that the court found to constitute acts of sexual harassment. The applicant stated that while attending training in 1999 in Blantyre, the ombudsman pestered her with small notes inviting her to join him for dinner. On January 23, 2002, while in town and on duty with the ombudsman, she also alleged that she was invited to work after hours in the evening.

The applicant’s response was non-committal as she thought the ombudsman was joking. This offended him such that upon return to the office, the ombudsman ordered that the applicant be removed from his office and cease serving him as personal secretary.

The ombudsman went on to act on his own without hearing the side of the applicant. The court found that this was a violation of the applicant’s constitutional right to fair labour practice as enshrined in the Malawi Constitution.

Conclusion

The Malawi Industrial Relations Court (IRC) says that there are many cases of sexual harassment which are a violation of women’s rights and freedoms in the workplace. However, the IRC says that most women in Malawi do not take their cases to court. There was a need to encourage women to be aware of their rights in the workplace. At the same time, there was also a need to raise the awareness of employers in recognising and respecting women’s rights and freedoms.

Read more

Find out more about Women and Work in Malawi.