PETALING JAYA: Womens’ groups have urged the government to make e-filing a reality soon when it comes to lodging complaints related to sexual harassment, even as the Tribunal for Anti-Sexual Harassment (Tags) enters its sixth month of operations.
Currently, filing of the complaints can only be done in Putrajaya physically, and hearings are still held there.
All Women’s Action Society (Awam) senior advocacy officer Amanda Shweeta Louis said survivors from other states face significant barriers, from having to travel long distances to file complaints and attend hearings.
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“This can deter individuals from pursuing their cases, ultimately hindering their access to get justice,” she said.
The Women, Family, and Community Development Ministry had said that they are working on an e-filing system, but it would only take off next year.
Amanda urged that the e-filing system be expedited, as she says justice cannot continue to be delayed.
She suggested that the e-filing system be user-friendly and include language options in Malay, Mandarin, Tamil and indigenous languages to ensure broader accessibility.
“We encourage survivors of sexual harassment to report their experiences and seek justice through the tribunal,” she said, adding that they have been actively assisting survivors to complete forms and writing letters to Tags.
She noted that Tags has brought more accessibility to justice that was previously difficult for survivors of sexual harassment.
“It offers an alternative to the complex and often intimidating traditional court system, such as civil suits,” she said.
The tribunal started operating officially on March 8 in line with the provisions of the Anti-Sexual Harassment Act 2022.
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However, a representative from the Sarawak Women for Women Society noted the lack of awareness about the tribunal.
“Uptake is slow, though nine cases in six months is encouraging,” she said, adding that Tags should also start physical counters in Sabah and Sarawak to make the tribunal more accessible, especially for those less familiar with digital platforms.
“It would be ideal for cases to be heard in the Bornean states,” she said.
Women’s Centre for Change Penang programme director Karen Lai said some sexual harassment situations were not covered by existing laws.
“If there were lewd comments made to a group, or where a hostile environment is taking place, it might not be covered by the tribunal.
“Complainants cannot file against companies or organisations either,” she said.
Lai also noted that many are also unsure about what constitutes sexual harassment.
“The key defining term is unwanted action. It can be touching, talking or showing something that is sexual.
“This also includes unwanted physical touch, jokes about rape or showing lewd images,” she said.
Lai also highlighted procedural issues that could traumatise victims.
One such requirement is the need for complainants to send the complaint form to the respondent personally or through registered post.
“The subject matter can involve highly volatile situations of abuse.
“Subjecting the victim to seeing the alleged perpetrator again is highly traumatising and potentially risky,” she said.
She added that the tribunal also has absolute discretion to conduct proceedings under the Anti-Sexual Harassment Act, which raises concerns about accountability and transparency.
“For instance, how do tribunal members conduct themselves and treat parties to the proceedings?
“Is the language used sensitive and respectful?” she said.
Association of Women Lawyers president Daniella Zulkifili said while virtual filing and hearings are ways to improve access, there is the need for more physical tribunal locations in remote areas as well as for a “mobile tribunal”.
Going ahead, she said Tags can improve protection for victims and get organisations to be held responsible for providing a safe environment for employees.
Given its powers, Tags itself could also benefit from having a monitoring mechanism for internal check and balance, she added.
