Anti-sexual harassment legislation in Pakistan has fashioned new expectations. The laws against harassment (and other forms of gender based violence as well) can act not only as an emotional consolation, deterrence and a source of compensation to those who can afford a legal battle but also indicate gender responsive governance. Alarmingly, training and legislation are both failing to effectively prevent harassment at workplaces, as per the research findings of some notable academic and corporate organisations in the US.
Not too long ago, there was almost no awareness that stalking, eve-teasing, unwelcome sexual advances in an office (take a random look at any old Pakistani or Indian film) or even vocal or corporeal demeanour of a sexual sort could have any legal consequences. The term ‘Sexual Harassment’ was coined in the mid-1970’s, by American feminist activists and lawyers. The US Civil Rights Act, which included a ban on employment discrimination based on gender was enacted in 1964. The UK cosseted it by the Sex Discrimination Act-1975 that was stretched out in 1986 under the obligation of the European Court of Justice to rope in sexual harassment. Though it was not until 1991, that the European Commission convened a committee on the protection of the dignity of women and men at work, to establish a definition of sexual harassment. In the year 2013, the meeting of UN Commission on the Status of Women converged around ending all varieties of violence against women, and recognised that sexual harassment (both in the workplace and in other public spheres) is a form of violence against women.
An intellectual investment to change the attitudes of major institutions usually led by men, must be considered by leading voices in activism and advocacy
Besides, sexual harassment what men, women and other genders confront more often at work places are asexual forms of harassment, enclosing biases of different origins and bullying of varying degrees. Bullying, which is much more gruelling to ascertain when compared to sexual harassment at workplace is not chained by any law or ethics anywhere (to the best of my knowledge). 70-90 percent of women who are intimidated and sexually harassed at workplaces do not report it even in highly developed western countries including the US. Thus, such mistreatments and manipulations are not restricted to any society, state, culture or industry. Their existence must be equated as the acceptance of social injustices and inadequacy of the organisational cultures. Subsequently, there is an integration of many such malpractices in day to day business. Contrary to popular wisdom, women face nastier forms of bullying and bigotry at work places from other women rather than men, who however, are always in bigger numbers as offenders and accused around the world in nearly all forms of antagonism and aggression against women and girls.
The situation of those 10-30 percent of women who are whistle blowers, who stand against harassment at work place and who speak out has yet to gain the due attention. Those who fail to report officially but articulate the truth face another spectrum of unfairness and psychological trauma. Discomfiture, discrimination and disapproval from families and friends are not unexpected earnings of many of such women who may be appreciated in donor-funded seminars and campaigns on TV. Thus, a vast majority of those few who spot bullying and harassment and finally leave that abusive environment continue to face the dilemma; should they disclose the experience in their new job applications and should they cite the real reason of leaving the previous job?
My own experiences and observations insinuate that even many iconic women and men in activism and accomplished ones in career, counsel, recommend and even warn not to broach any such encounter in either written or verbal communication as it will sabotage the probability of getting a new offer, besides sullying professional standing. I have to admit with a heavy heart, that their advice is correct as apparently large organisations (including embassies of powerful foreign lands, INGOs, multinational corporate organisations and even aid agencies) whose mission and vision include gender mainstreaming, equality, empowerment of women and combating harassment, do not actually like such women in their own teams. Absence of evidence is not the evidence of absence of bullying and harassment borne by women who are culturally, socially and at times physically disabled and are thus not able to lodge a formal complaint. The mechanisms of the protection and sustenance of the complainant, if any, are not well known or active.
Improving rule of law, access to justice, gender sensitisation of the police and judiciary are some of the many practical actions (tall orders indeed) required to make an authentic difference. An intellectual investment to change the attitudes of major institutions usually led by men, must be considered by leading voices in activism and advocacy.
The new age and its media have recently rediscovered this ‘Sexual Harassment at work places’. Thus new villains, heroes and even’s heroes’ are being constructed and deconstructed. It seems that the spiral of silence has been finally broken down and all perpetrators are finally naked and exposed. The #MeToo movement is making waves. It has stirred many in Pakistan as well. All this confers confidence but caveat needs to be observed. What is the indicator of success of this campaign? Can it make a positive change in the lives of non-elite and competent people, especially women who refuse to seek the benefits of benevolent sexism and resultantly remain jobless after speaking out? The fact remains that the world has much more to learn about the legal, cultural, emotional and practical landscapes of many shades of violence against women, including harassment at work places. This involves preparing all women who want to be seen as genuinely strong to pay the price of piety and principles and rejecting the power of patriarchy. And yes there is a bitter pill to be swallowed by all of us; disclosures do not necessarily lead to conviction.
The writer is a careless whistle blower & non-elite activist. She tweets @survivorwins.
Published in Daily Times, March 25th 2018.