PETALING JAYA: Despite the delay in setting up the Anti-Sexual Harassment Tribunal, experts say the government should get it done properly and effectively rather than quickly and hastily.
This includes hiring people with the right skills, ensuring that judgments are enforced and putting in place proper procedures for victims to get timely access to justice, they said.
“We must ensure that (tribunal members) are gender sensitive with a track record of survivor-centric approach,” said Women’s Aid Organisation (WAO) advocacy director Abinaya Mohan.
“There must also be gender sensitivity training for frontliners who are attending to these cases,” she said.
The tribunal is a critical part of the Anti-Sexual Harassment Act 2022 (Act 840), which was passed by Parliament in August and gazetted in October last year.
The tribunal will deliberate sexual harassment complaints, and provide a mechanism for anyone who has been sexually harassed to seek redress.
Women, Family and Community Development Minister Datuk Seri Nancy Shukri had said the ministry was in the process of establishing the tribunal and appointing its members, which is expected to be completed by the end of this year.
Malaysian Trades Union Congress (MTUC) president Mohd Effendy Abdul Ghani said the tribunal must also be given enough support to enforce its judgments.
“The Act will be meaningless if there is no awareness, implementation and enforcement,” he said.
He said the tribunal could also break the silence surrounding sexual harassment cases especially among men.
“Although the majority of the cases involve women, with more awareness, men can also have the courage to step forward.
“The genderless Act has the potential to get more people to bring their cases to the tribunal.
“So, we must also generate discussion on the topic to break the cycle of sexual harassment,” he said.
Women Leadership Foundation (WLF) chairperson Datuk Dr Hafsah Hashim said although the public would like the tribunal to be formed promptly, the process would require several rounds of engagement with relevant stakeholders.
“WLF recognises the urgency of its establishment since the law was passed last August and gazetted in October, but we also took cognisance of the delay in implementing the Act.
“However, we are aware that the ministry is diligently working to create a comprehensive and precise implementation plan.
“This may take time as it will involve necessary engagements with the industry and relevant parties,” Hafsah said.
WAO’s Abinaya said it was important the public be kept in the loop and regularly updated on the status of the tribunal.
“More and more cases of sexual harassment are being reported following the passing of the Act,” she said, adding that their needs must be met while the tribunal was being set up.
“A prolonged delay could hinder survivors from speaking up. As such, there should not be any further delay in the stipulated period to set up the tribunal, so that survivors are able to access justice,” she said.
Despite the absence of the tribunal, the ministry announced that several sections of the Act have come into force, including Section 1 – Simple Titles and Commencement; (ii) Section 2 – Interpretation; (iii) Section 24 – Administrator; (iv) Section 25 – Functions and powers of the administrator; and (v) Section 26 – Power to make regulations.
