Bad Behaviour

“I was forced to quit my job because of constant harassment from my boss,” says Reena (name changed), a young woman working for an international organization. Reena decided to quit her stable job after her employer started sexually harassing her. “He touched me unnecessarily, asked me to accompany him to dinners and made me feel uncomfortable,” she complains. This is the plight of many women who join the workforce, not only in Nepal but the world over. Although most harassment cases are against women, men too can be subject to this kind of misconduct. Nepali women are even more vulnerable because of the absence of proper policies that address the issue.

It is difficult to say what actually constitutes sexual harassment. It encompasses a wide range of misconduct ranging from unwelcome physical contact to verbal conduct of a sexual nature. In clear cases of sexual harassment, an employee is made to believe that she will lose her job unless she sleeps with her boss. Harassment can also take the form of offensive, sexual jokes being pinched or fondled, subjected to repeated lewd or pornographic remarks and constantly being belittled and referred to by sexist names.

In defence, sexual harassment is often described as harmless flirting or as an expression of man’s appreciation for women, while clearly ignores the fact that flirting is consensual behaviour between two people, while harassment is not. Patting and hugging may be considered normal, but if it is embarrassing for the person on the receiving end, it should be avoided.

Sexual harassment at workplace is primarily a form of quid pro quo, or “you scratch my back, and I’ll scratch yours.” It is a clear manifestation of the unequal power relations between men and women. Female employees who deserve promotions or transfers are asked to give in to the sexual whims of their supervisors. If any objection is made, this puts their employment in jeopardy.

Sexual harassment is just one of the many obstacles that women face in the work place but it is also one of the most prevalent and pervasive. According to a study conducted by the International Labour Office (ILO) and the Forum for Women, Law and Development (FWLD), 53.84 percent of female employees/workers in a number of industries including the carpet, garment, the informal sector, airlines, hotels and hospitals have reported some form of sexual harassment in the workplace. The report further points out that the number could easily be higher since most harassment is not reported and the victims are apprehensive about speaking out because of the social taboo attached to all sexual matters and for fear of their jobs. This problem receives little social recognition and legal redress.

“Sexual harassment is clandestine and this is the reason that people don’t understand the depth of the problem,” says Salina Joshi, a women’s rights activist involved in the ILO/FWLD study. Sexual harassment does not affect just the victim; it has massive impact on the organization and on society in general. The victims themselves suffer from emotional stress, humiliation, anxiety, depression, anger, powerlessness, fatigue and even physical illness. It can even lead to extreme consequences like resignation from life, a clear reflection of low morale and frustration. This kind of suffering will affect the organization too, creating tension in the workplace, inefficiency in teamwork, absenteeism and low productivity. If the organization fails to take the issue seriously, it can result in a tarnished public image, dwindled goodwill, not to mention legal action.

Salina Joshi, herself a victim of sexual harassment in the workplace, says that we have a culture of re-victimizing the victims, making the situation even worse. When a woman complains of harassment, she is questioned about the kinds of clothes she wears, her relation with the perpetrator, the nature of her job and many such nonsensical questions. This is one reason why victims chose to put up with the damaging physical and psychological effects because taking any action can be just as daunting.

The Preamble to the Constitution aims to achieve social and economic justice guaranteeing basic human rights to all its citizens. It upholds the principle of equality, i.e. equality before law and equal protection of the law, the principle of non-discrimination in the application of general laws on the basis of religion, race, sex, tribe, or ideological convention, and states that citizens shall not be discriminated against amongst one another on the basis of religion, sex, caste, tribe or ideological conviction.

A draft bill has been drawn up after a long wait but is still in the pipeline, waiting to be approved by parliament. The labour courts in Nepal recognize sexual harassment as misconduct in the workplace and that it discourages women’s participation in the economic sector. The court also acknowledges the need to enact a law in line with General Recommendation number 19 of the Convention on Elimination of All Forms of Discrimination Against Women) (11th Session 1992), which recommends that the government take effective measures including strong penal sanctions, civil remedies and compensatory provisions to protect women against sexual harassment.

Despite all these policy commitments, both at the national and international level, the problem remains ubiquitous. No occupation is devoid of sexual harassment, whether it is private companies, industries, government offices, hotels, development agencies, or large corporate houses. The case of Suntali Dhami, a policewoman who was raped by her co-workers in Achham two months ago, is just testimony to the fact that sexual harassment remains a prominent problem and needs serious attention. The government just cannot shy away from delivering justice to the victims, like in Dhami’s case.

In response to continuous advocacy and decisions, a few workplaces have adopted policies to address the problem through the formation of committees to listen to complaints and take actions. While it has worked in some places, in others, it has barely made a difference. The main reason for the policies to have brought about no difference is the fact that men still retain most of the workplace supervisory positions, and they are the ones who decide whether or not a complaint of sexual harassment is justified. Having a law is certainly ideal, but organizations can bring about a difference even through their own policies. For instance, the Hyatt Regency was one of the first few hotels that incorporated a clause on sexual harassment even in the absence of a law.

In organizations that have clear mechanisms, the victim can file a complaint with the sexual harassment committee which will investigate the case in a confidential manner. Evidence is looked into properly, and the behaviour of the perpetrator is studied closely during the investigation period. If the person is found guilty, a suitable punishment ranging from a warning to transfer or dismissal is given, and the victim is provided with psychological counselling. If any false reporting has been done, the complainant may have to face the punishment. In case the organization does not have a policy, the victim can also seek justice through the Gender Equality Act. The act, however, does not outline the punishment for the perpetuators.

However, even these meagre policies are silent in terms of harassment at the hands of customers. In many service industries, female employees face sexual harassment from clients. Sunaina*, marketing personnel for a commercial bank was invited to dinner at his home by a client, in his wife’s absence, if she wanted him to open an account at the bank. Similarly, room service personnel are also sexually harassed by clients when they go to clean the rooms. The management remains silent in fear of losing a profitable client.

Even in organizations that have clear policies with regard to sexual harassment, women are still targeted. The United Nations, for instance, has a comprehensive policy, and although it is an organization which aspires to protect human rights around the world, struggles to deal with an embarrassing string of sexual harassment complaints within its own ranks. Employees complain that the system of handling complaints is arbitrary, unfair and mired in bureaucracy.

Raising awareness and sensitizing employees is what can make the real difference. It is the responsibility of the employers to create a safe working space for all the employees. It is important that rules and regulations are coupled with positive societal perceptions and attitudinal changes to address the incidence of sexual harassment in the workplace because having a policy is not the solution, but respecting women certainly is.