FORUM (Spotlight Weekly)

Sexual Harassment At The Workplace In Nepal

By Leyla Tegmo-Reddy

In recent years, growing recognition has been given to this subject that was once totally taboo and about which there is still "in many countries", - considerable silence.

Sexual harassment can briefly be defined as where a person is subjected to attention that has sexual connotations, when such attention is unwanted, unwelcome and unreasonable, is linked to the person's employment or promotion prospects or creates an unpleasant, intimidating, hostile or humiliating working environment for the recipient. Sexual harassment is an attack on a person's privacy and dignity.

Emotional stress, humiliation, anxiety, depression, anger, powerlessness, fatigue, physical illness - these are some of the potentially serious effects suffered by victims of sexual harassment. Tension in the workplace, inefficient team work and collaboration, lowered work performance, absenteeism, decreased productivity - these are some of its effects on the enterprise.

The study on sexual harassment in Nepal recently prepared with ILO support, which Ms. Sapana Malla and Forum for Women and Legal Development have conducted and will present, suggests that women workers in industries in which surveys were undertaken have to a large extent been victims of sexual harassment. Shockingly enough, of the women interviewed, over one half had themselves experienced sexual harassment at the workplace. While we can acknowledge that the interviews were limited and perhaps some of the more vulnerable industries were approached, this is certainly alarming.

It is blatantly clear that it is urgent to discuss and to tackle the issue of sexual harassment in Nepal now.

Sexual harassment is, above all, a manifestation of power relations. Women are much more likely to be victims of sexual harassment precisely because they lack power, are in more vulnerable and insecure positions, lack self-confidence, or have been socialized to suffer in silence. Women are also subjected to such conduct when they are seen to be competing for power.

For employees, the consequences of sexual harassment for the victim can be devastating. In addition to the damaging physical and psychological effects mentioned previously, the victim may lose her/his job or job-related experiences such as training, or feel that the only solution is to resign. Sexual harassment leads to frustration, loss of self-esteem, absenteeism and decreased productivity.

For enterprises, in addition to the negative effects mentioned previously, sexual harassment can even be the cause behind valuable employees quitting or losing their jobs when they had otherwise demonstrated good performance. Allowing a climate of tolerance of sexual harassment leaves the enterprise with a poor image, assuming victims are complaining and making their situations public. Furthermore, in a growing number of countries where court action may successfully result in damages and fines, financial risks are increasing.

The consequences for society as a whole are that sexual harassment impedes the achievement of equality, it condones sexual violence and has detrimental effects on the efficiency of enterprises, hindering productivity and development.

Sexual harassment is not only women's issue. It is a labour issue and a human resource management issue. It's victims can be workers in the public service, in large and small enterprises, in services and shops, on plantations and farms, and entrepreneurs and traders in marketplaces.

As far back as 1985, the International Labour Conference of the ILO recognized that sexual harassment in the workplace is detrimental to employees' working conditions and to their employment and promotion prospects, and it called for the inclusion of measures to combat and prevent it in policies for the advancement of equality. Since then the ILO has pointed to sexual harassment as a violation of fundamental rights of workers, declaring that it constitutes a problem of safety and health, a problem of discrimination, an unacceptable working condition and a form of violence (primarily against women). What has been done then to combat it?

At the international level, sexual harassment is not yet the subject of any binding international Convention. However, the relevant supervisory bodies of the ILO and the United Nations have found that it is covered as a form of sex-based discrimination. An ILO Committee of Experts has addressed sexual harassment under the Discrimination (Employment and Occupation) Convention, 1958 (No.111) which has been ratified by HMG/Nepal. The UN Committee on the Elimination of Discrimination against Women has addressed the issue under the application of the UN Convention on the Elimination of All Forms of Discrimination Against Women, and has adopted General Recommendation No.19 on violence against women, which expressly defines sexual harassment and calls on states to take measures to protect women against this phenomenon.

In addition to legislation enacted in some countries, there has been an increase in the development of codes of conduct, guidance material, policy statements, and public awareness programs addressing the issue.

ILO research indicates that workplace sexual harassment policies and procedures should include four main components; a policy statement, a complaints procedure adapted to sexual harassment which maintains confidentiality, progressive disciplinary rules, and a training and communication strategy. Protection against retaliation must also be a key element of any complaint procedure.

The challenge is to be able to create a workplace atmosphere, which discourages sexual intimidation and unwelcome sexual conduct, while promoting a relaxed, collegial and productive working environment and relationships, where the dignity of every worker is respected by all.

(Excerpts of a speech by Ms. Leyla Tegmo-Reddy, Director, ILO-Nepal, at the Workshop on Sexual Harassment at the Workplace in Nepal)