We all know of someone who has suffered from sexual harassment in their workplace or have experienced it ourselves. Sexual harassment is prevalent not only in workplaces, but also in public transport, public venues, and even in schools and the higher education system in Sri Lanka.
Sexual harassment in the workplace is a worldwide problem and affects both women and men. In Sri Lanka, one of the key reasons for low female participation in the workforce is the prevalence of sexual harassment, or the perception of it taking place. Last year, the female labour force participation in Sri Lanka was recorded to be just 33.1 % of the entire women population, in comparison to men which was at 70.7%. In 2021, Sri Lanka ranked 116 amongst 156 countries in the world for having one of the biggest gender gaps in terms of labour force participation.
Given Sri Lanka’s current predicament and need for reforms to move towards economic recovery and a better governance model, now, may be an opportune time to enact reforms and increase awareness about sexual harassment and what can be done to combat it. Such efforts would likely empower more vulnerable segments of the community, especially minority groups to seek broader participation in the workforce or become entrepreneurs. It is a well-known fact that many who face such harassment seldom report it to authorities or their management. This is due to a myriad of reasons, but mainly because of the stigma that surrounds such illegal behaviour. Culturally, there is a tendency to blame the victim for either inviting “trouble”, “misbehaving” or making up issues. This is even true for some of the law enforcement officers, who are supposedly there to bring justice to victims. Many state officials and figures in management seek to “cover up” or ignore the reports of sexual harassment, rather than dealing with it.
According to a new study by the think tank Verité Research, victims of workplace sexual harassment face three main barriers when seeking justice in Sri Lanka. The report, titled “Sexual Harassment at the Workplace: Overcoming Barriers to Justice”, was handed over to the Minister of Labour and Foreign Employment Manusha Nanayakkara last Friday (01). The report, identifies the lack of an adequate legal definition on sexual harassment, despite disparate legislative provisions scattered across different laws, Institutional barriers such as legal delays and high burdens of proof within the criminal justice system, and rooted cultural barriers and a lack of awareness, which further complicates the plight of victims. The report also draws from the diverse approaches taken by countries such as Philippines, Peru, Japan, Mexico and Iraq to reduce sexual harassment in the workplace.
The report also highlights that workplace sexual harassment extends beyond conventional gender boundaries in Sri Lanka. While women are particularly vulnerable, men as well as individuals with diverse gender identities are also vulnerable. Persons with disabilities, youth, migrant workers, and members of the LGBTIQ community in Sri Lanka, identified as minority groups, face a higher likelihood of victimisation.
In the report, Verité Research emphasises issues in the legal framework and makes recommendations to address workplace sexual harassment like enhancing and expanding protections against workplace sexual harassment by incorporating them into the ongoing draft Employment Bill, as part of efforts to expedite legislative reform.
Sri Lanka needs to adopt the internationally recognised definition of “violence and harassment” at the workplace – this includes criminalising voyeurism and providing broader protections against sexual harassment that involves the use of digital or electronic media or images, audio, or videos that have sexual content. Sexual harassment and revenge attacks via social media and digital platforms are widespread today, with laws, regulations, and the enforcement mechanism outdates to be effective against such practices.
The report also proposes to adopt civil legislative changes regarding employer liability for sexual harassment as a complimentary mechanism to the current criminal offence. Employers should be responsible for implementing a minimum set of measures to mitigate and address workplace sexual harassment – this includes internal complaint and inquiry mechanisms, as well as facilitating access to alternative dispute resolution.
It goes without saying that there is much to be done in terms of enhancing education and awareness about the issue. How are we to do that when we do not even want our children to learn about safe sex, remains to be seen. Further, there is a dire need for training and awareness, for law enforcement agencies, in larger workplaces, through school curricula, and for the general public. Only through awareness, a change in culture and strong law enforcement will we be able to combat the issue.