Sexual harassment in private, public spaces
I remember not many years ago walking to school and I would hear men shouting, “Hona mwana wako!” or “Landlord”. It did not take me long to realise that such terms were used on women by men commenting on the way the woman or young girl is dressing, her bo
IREALISED that many women including myself felt uncomfortable, self-conscious and embarrassed by such derogatory terms and I would avoid walking in certain public spaces. Little did I know that what I and most women were experiencing was sexual harassment and that it seriously impeded on my dignity.
As I am older, I am more aware of the meaning of this kind of sexual harassment, its forms, the law and practical preventative measures.
Sexual harassment is generally defined as unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature when (1) submission is either explicitly or implicitly a condition affecting academic or employment decisions; (2) the behaviour is sufficiently severe or pervasive as to create an intimidating, hostile environment; or (3) the behaviour persists despite objection by the person to whom the conduct is directed.
This conduct happens in private spaces (at work, at home and at school) and public spaces (ranks, shopping centres, social gatherings).
Society at times may not be aware that sexual harassment is already taking place, so the following descriptions, while not all-inclusive, will help you understand the types of behaviour that are considered to be “conducts of a sexual nature” and that, if unwelcome, may constitute sexual harassment, for example, sexual or “dirty” jokes, comments on physical attributes e.g. HKD, landlord, mutumba wasekuru normally said in the public space mostly commuter omnibus ranks.
These sexual comments can also happen at work and at home, especially under the guise of culture in particular chiramu i.e. unwanted deliberate touching, leaning over, cornering, or pinching.
In addition, spreading rumours about or rating others as to sexual activity or performance, talking about one’s sexual activity in front of others and displaying or distributing sexually explicit drawings, pictures and/or written material (email, texts, WhatsApp, social media etc).
Standing close or brushing up against a person this usually occurs at work, at home and in public spaces, for example, in a bus as a standing passenger and the other person stands too close for comfort regardless of your endeavours to move away from them, in an elevator or a queue.
It must be noted that there is no specific legislation which explicitly out laws sexual harassment except for the Labour Act, however, various fragments of law address sexual harassment indirectly.
Section 65(1) of the Constitution of Zimbabwe embodies a fundamental human right which expressly outlaws sexual harassment by providing every person with the right to fair labour practices and fair labour standards.
Section 51 and 52 of the Constitution also states that every person has the right to human dignity and the right to personal security respectively.
There is certain behaviour that may be considered to be an offence under criminal law, for example, physical assault, indecent exposure, sexual assault, stalking or obscene communications.
Section 67(1) of the Criminal law (Codification and Reform) Act defines ‘indecent assault’ as an act whereby a male “commits upon a female person any act involving physical conduct that would be regarded by a reasonable person to be an indecent act . . . ” therefore, some acts may not fall under this section since they do not involve physical contact.
Criminal insult is committed in terms of section 95 of the Code where ‘any person who, by words or conduct (a) seriously undermines the dignity of another person or (b) seriously invades the privacy of another person.’ Therefore, it is important for people to know their rights and exercise them.
A victim can seek recourse through civil intervention/litigation e.g. the victim may also institute a civil claim at the civil court for damages.
The main purpose of such civil suits is to recover financial compensation as a result of loss of incomes from being absent from work.
And for pain and sustained by the victim as a cause of the unlawful act. Furthermore, the Domestic Violence Act section 3 includes harassment of any nature and stalking as a form of violence and a protection order can be taken against the perpetrator within the domestic sphere even an ex-lover.
A peace order as well can be taken against the perpetrator. On the other hand the Labour Act recognises sexual harassment as an unfair labour practice.
Section 8(g) states that one commits an act of unfair labour practice if he demands sexual favours as a condition for an employment matter.
Tackling violence, harassment and bullying and building community understanding and respect for human rights are the key priorities to strengthen protection from sexual harassment.
Criminalising sexual harassment would act as a deterrent to those contemplating committing the offence.
In most cases we do not know how to react and who or where to report to when we are sexually harassed.
It is helpful for the victim to tell the harasser clearly and firmly that the conduct is unwelcome and must stop.
Gather your evidence; for example, keep records such as emails, letters or texts from the harasser.
Document any comments and different treatments by mentioning dates, places, times, witnesses and the nature of harassment.
Report to the nearest police station or police officer when in public spaces. Share your ordeal or fears with others because in sharing people will indirectly act as your watch-dogs and potential witnesses.
The victim should use any employer complaint mechanism or grievance system available. Prevention is the best tool to eliminate sexual harassment in the workplace; employers should incorporate the national gender policy in their human resources manual.
Employers should clearly communicate to employees that sexual harassment will not be tolerated.
They can do so by providing sexual harassment training to their employees, incorporating gender policies and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
The Zimbabwe Gender Commission is established to ensure gender equality and to deal with gender discrimination; therefore, victims of sexual harassment can also file complaints at the commission.
As much as the victim is the recipient of the harassment the victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Therefore, society also has an obligation to shun any acts of sexual harassment and the general prohibition against sexual harassment in any area of public life. ◆ Toll-free number: 08080131 Hotline nembers :0782.900 90 /0776 736 873 /0758 023 840