Sexual harassment in the workplace and education . . . are women and girls in Zim safe?

Introduction

In Zimbabwe, and the world over, reports of sexual harassment of women and girls in the workplace and the education sector are on the rife.

Sexual harassment is a form of gender-based violence which may be understood to mean an unwelcome sexual advance, request for sexual conduct of any sexual nature which may include buttock grabbing, sharing of graphic information sexual in nature etc.No one is safe from sexual harassment ,anyperson male or female may find themselves a victim of sexual harassment. However, suffice to point out that some individuals are at a higher risk than others, such as women in the workplace.

Women are subjected to sexual harassment for no other reason than that they are simply women. This absolutely brings out unequal power dynamics between women and men. According to the International Labour Organization(ILO),three quarters of the world’s workers are in insecure jobs, that is, working without a contract or in a part time environment, amongst them women, hence no job security.This lack of bargaining power therefore leaves women unprotected, voiceless, desperate and without recourse in the face of gender-based violence in the workplace. Sadly,it has been reported that the same scenario extends to female students in educational institutions, whoare subjected to sexual harassment by staff members. The majority of the students suffer in silent as speaking out would mean victimization and low grades.

FINDINGS

Women’s Coalition of Zimbabweconducted some interviews with women and girls who shared their experiences of sexual harassment in both the workplace and education.The women interviewed included those in leadership, in the political arena, in Public Administration and Civil society organizations.

The perspectives from women in leadership indicated that no woman is safe from sexual harassment, even women occupying the highest and some of the most powerful offices on the land are being subjected to sexual violence in the workplace. It was noted that this was one of the most overriding factors hindering women from assuming leadership positions. It was also highlighted that in some spheres, women are subjected to harassment, victimization and sexual abuse in return forfavours at work or renewal of work contracts,thus elaborating how dysfunctional the Zimbabwean society has become.

The same problem was also highlighted as a major factor in Public Administration, Civil Society Organizations and Education sector. However, there has been under reporting of such cases due to fear of victimization, victim-blaming, accused and labelled as having led the male perpetrator into a vulnerable position.In situations where the perpetrator is at the apex of the organization, threats of loss of a job and income often deter women from speaking out.

Sadly,the Education sector has not been spared either. In 2015, Female Student Network conducted a national baseline survey which revealed that approximately 74% to 98 % of female students face sexual harassment every day and that the major perpetrators were male lecturers, non- academic staff and students. It is saddening to notethat most of these institutions do not have Anti-harassment policies in place to combat the problem.

THE LAW

The supreme law of the land, the Constitution of Zimbabwe, section 24 obligates the State and all institutions, and all agencies of government at every level, to adopt reasonable policies to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for themselves and their families. However, we note that where a woman has been subjected to sexual violence, she ceases to work freely in order to secure a decent living.

 

In addition to that, section 65 of the Constitutionprovides that every person has the right to fair and safe labor practices. The Labour Act (Cap28:05)in section 8(h) provides that an employer who or any other person commits unfair laborpractice, if by act or commission, he engages in unwelcome sexually determined behavior towards an employee, whether verbal or otherwise such as making physical contact or advances, sexually colored remarks or displaying pornographic materials in the workplace.The Act however, does not explicitly state what sexual harassment is or entails.

 

 POSITION

It is our position that the majority of women are not safe in their workplace as they are victims of many forms of gender- based violence, and are more likely to experience sexual harassment. This has negatively impacted on the lives of women by placing ceilings on the women profession.

THE SADC Protocol on Gender and Development, Art 22, requires state parties by 2015 to enact legislative provisions and adopt and implement policies and strategies which define and prohibit sexual harassment in all spheres and provide deterrent sanctions for perpetrators of sexual violence. It is crystal clear that the laws currently in place are not adequate to protect women from sexual harassment either in the workplace or in tertiary institutions. It is nearly impossible to seek redress of a challenge which the law does not specifically and explicitly define: sexual harassment, given the fact that the Labour Act itself is silent on what constitutes sexual harassment.

The Beijing platform for Action, recognizes sexual harassment as a form of violence against women and as a form of discrimination and calls on multiple actors including government to ensure that government enacts laws on sexual harassment and that employers develop Anti-harassment policies and preventions strategies.

In certain jurisdictions, if an employer fails to take reasonable steps to come up with a Sexual harassment policy or take reasonable steps to prevent and deal with harassment in the workplace, that employer may be responsible for any harassment that may resultantly occur, even if they were unaware that harassment was occurring, in the first place. Having in place such a mechanism, would undoubtedly go a long way in combating sexual harassment in the workplace.

The Protocol to The African Charter on Human and Peoples Rights of Women inAfrica obligates states parties to take appropriate measures to protect women from all forms of abuse and to also ensure transparency in recruitment, promotion and dismissal of women, combat and punish sexual harassment in education and workplace. It is in this spirit therefore that we stress the need for enactment of laws to combat sexual harassment in education and workplace.

Webelieve that an effective stand-alone legislation which is dedicated to addressing sexual harassment in the workplace, together with training of all employees will not only assist in reducing cases of harassment but also encourage individuals who are being subjected to harassment to speak out and ensure that the problem is addressed quickly and effectively.  However,in order for the nation of Zimbabwe to realize this goal, several crucial things need to happen first.

SUGGESTED COURSES

  1. All stakeholders, employers,CSOs, both public and private sectors must establish special mechanisms such as establishing anti-harassment policies to combat sexual harassment in their respective constituencies
  2. The Legislature and government must take steps to prevent gender-based violence in the work place and education by developing a NationalAnti- harassment policy or law whichclearly and explicitly definessexual harassment, provides deterrent sanctions for perpetrators of sexual violence and address all forms of gender-based violence.
  3. Special Mechanisms must be put in placethe same way government has set up a special Anti-Corruption Unit, to promptly investigate and deal with complaints of harassment, in education and the workplace. No case should ever be swept under the carpet.
  4. Stakeholders such as CSOs, the public sector, private sector and government must work hard to ensure that there is provision of post care and protection for all women and girls who are subjected to harassment either in the workplace or in educational spheres.

CONCLUSION

Several stories have been told of women and girls subjected to sexual harassment, and for each story told, there are hundred others that remain unheard. We therefore call upon all key players and stakeholders government to promptly respond to the issue at hand and consider the suggested courses to combat sexual harassment in the workplace and tertiary education.

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