Workplace harassment – Pakistan Gender News

July 20, 2021July 20, 2021

The limitations of Pakistan’s workplace ‘harassment’ law

Presently, Pakistan has one workplace harassment law in place called ‘The Protection against Harassment of Women at the Workplace Act, 2010’. The Act leaves much to be desired, and a recent judgment by a three member bench of the Supreme Court addressed another one of its shortcomings. The 12-page judgment authored by Justice Mushir Alam discussed the meaning of ‘harassment’ as envisioned by Section 2(h) of the Act. It was held by the Court that ‘harassment’ as defined in Section 2 (h) of the Act, 2010 could not be stretched to ‘other conduct being not of sexual orientation’, meaning that harassment envisioned under the Act was only that of a sexual nature or intent.

The Court, while it recognized the limitations of the Act, was bound to interpret ‘harassment’ in line with Section 2(h), as ‘any other interpretation advanced by the Court to enlarge the scope of the section would be violative of the rights guaranteed under Article 12 of the Constitution of Pakistan, 1973.’ The Act’s failure to address ‘harassment’ in a holistic manner, makes it ‘a myopic piece of legislation that focuses only on a minute fraction of harassment’ as per the judgment. This impact of the restrictive definition of ‘harassment’ under the Act is far-reaching.

Because of the restrictive definition of harassment, the burden is placed on the complainants to prove the sexual intent of the perpetrator. Ayesha [1], working at a reputable MNC in Karachi, recounts incidents where a male colleague would pull on her hair ‘jokingly.’ Instances such as these can easily be brushed aside as physical harassment or bullying that are not sexual in nature but for Ayesha, she knew the co-worker had feelings for her and would do this not just to tease her but because he gained some sexual gratification from it. To prove acts that may be classified as bullying, to actually be those with sexual intent is not a task Ayesha wishes to undertake in front of the Inquiry Committee.

Similarly, the Act also does not provide protection to those individuals who may face instances of physical or verbal harassment at work that are not of a sexual nature. For Karishma[2], working at a café in Lahore, countless instances of verbal abuse and name calling by her co-workers are a common occurrence. But instances such as these – while they may be incredibly distressing for her- are not covered under the Act. In a country where verbal and physical against women and other minority groups is prevalent, for workplace harassment laws to be so limited in their outlook and protections afforded, is a sad situation.

Surely, amendments are possible in the Act, so as to define harassment more holistically. The current definition of harassment is also against the very essence of the Act itself. The preamble states that the purpose of the Act is for the “protection of women against harassment at workplace.” It uses the term harassment which could mean harassment of any form i.e. physical, verbal or online or to just mean harassment that is of a sexual nature. As defined in the Black’s law dictionary harassment means:

“Words, conduct or action (usually repeated or persistent) that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose. Harassment is actionable in some circumstances, as when a creditor uses threatening or abusive tactics to collect a debt.”

If legislature wished to limit the scope of the Act to harassment of a sexual nature, perhaps a better way would have been to refer to harassment under Section 2(h) as ‘sexual harassment’ and to call the Act ‘The Protection of Women Against Sexual Harassment at the Workplace’ like India has done where their workplace harassment Act is called the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.’

In the #MeToo era where more and more individuals are coming forward with stories of harassment, to have such a myopic law is truly a sad state of affairs for Pakistan. While, countries in the world are moving towards progressive legislation to protect the rights of those at work, there is a dire need for Pakistan to amend its only workplace harassment law, to make it more inclusive and holistic.

Source: The Express Tribune

December 11, 2018

Female home-based workers demand equal pay, end to harassment

Home-based workers of the city held a protest on Sunday calling for an end to workplace harassment and demanding equal wages as their male counterparts.

The rally was held outside the Karachi Press Club as part of the ongoing worldwide campaign 16 Days of Activism against Gender-based Violence. Speakers highlighted the problems home-based women workers face, including getting inadequate wages – considerably lower than what men get for the same work – as well as having to face discrimination and harassment.

In a statement released by the Home-Based Women Workers Federation which organised the rally, General Secretary Zehra Khan said that although the Pakistani constitution gives equal rights to all citizens, regardless of their gender, race, belief and ethnicity, the state has still not implemented it completely.

She termed the silence of the government and society on violence and discrimination against women a serious problem. “The occurrence of these incidents is increasing rapidly and no practical steps are seen to end this menace,” she said. “Though the National Assembly had passed a bill against harassment of women at the workplace in 2010, its practical implementation is yet to be seen.”

She added: “Today, maltreatment of women at workplaces is still in vogue and not only this but women workers are also given lower wages as compared to male workers. Mostly women workers work under contractor system and hence they are deprived of all legal and constitutional rights, which they deserve in the capacity of a worker.”

United Home-based Garments Workers Union General Secretary Saira Feroze said that the informal sector was swelling and the women who make up the majority of the workforce were deliberately deprived of their rights. She said that there was no law to govern wages and they were only determined by the contractors and the middle men.

Citing an International Labour Organization report, Feroze said the number of women workers in the garments sector alone has risen by 33 per cent. “Sadly the women workers are also facing violence and discriminatory attitude, which is affecting their social and economic life. In Pakistan, gender-based violence is a reality, and society overall justifies it on the basis of traditions, culture, beliefs and morality,” she added.

The protesters demanded that wages of male and female workers be made equal and both should be paid the same amount for the same work. They said harassment of women workers at workplaces should be stopped, day care centres should be established in factories, women workers should be given paid three-month maternity leave and all discriminatory laws against women should be abolished.

The News

August 30, 2015August 31, 2015

Workplace harassment: LCCI, Ombudsperson urged to work together

A law on protection of working women against harassment was passed in 2010. However, most working women lack awareness about the law, Women Chamber of Commerce and Industry (WCCI) president Dr Shehla said on Saturday.

She was speaking at a seminar organised jointly by the WCCI and HomeNet Pakistan.

She said women working in government departments too were unaware of the remedies against workplace harassment provided in the law. She urged working women to raise their voice on issues like gender discrimination, wage parity and working conditions.

Homenet Pakistan executive director Umme Laila Azhar said harassment was a major problem faced by women employed in factories and engaged in field jobs. She called upon the Lahore Chamber of Commerce and Industry to work with the provincial ombudsperson to evolve a plan for reduction of workplace harassment incidents in the city.

Azhar also sought expansion in the scope of the law on workplace harassment to the informal sector. She said her organisation had sent a request for the purpose to the provincial government. She said they had yet to receive a response.

Activist Mehnaz Rafi said the progress achieved by women world over had come about alongside a change in public attitudes toward them.

Ombudsperson Farkhanda Waseem said there would be no compromise on promotion of a benign environment at workplaces. She said the government had started a Harassment Awareness Volunteer Programme to raise awareness among working women about the law on protection against harassment.

She said soon complaint cells would be established at the district level.

Express Tribune

February 23, 2015February 23, 2015

Anti-harassment law needs teeth

By: Asma Ghani

Islamabad: The anti-harassment law will do away with the critique of selective protection if the proposed amendments to the act get the parliament’s nod.

A number of proposed amendments, including the power of suo moto and extension of the scope of application of law to the informal economy, would give more powers to the Federal Ombudsman office. Almost five proposed amendments to the Protection against Harassment of Women at the Workplace Act 2010 have been proposed by the Federal Ombudsman Secretariat and some parliamentarians including Senator Farhatullah Babar are going through a consultation process.

One of the amendments proposed is to give the Ombudsman suo moto power that would enable the office to help out women and girls of far-off areas who have no awareness about the law, shared Federal Ombudsperson Justice (Retd) Yasmin Abbasi.

The definition of ‘workplace’ has also been proposed to broaden that would include place of studies or vocational training, an institute or a dwelling place or a house where the domestic servant work or home-based workers carry out the work, she said. “The amendment would give legal cover to millions of workers of the informal sector that currently fall beyond the purview of the act, leaving them entirely defenceless,” she added.

Millions of women, girls and boys are engaged in home-based work or work as fulltime housemaids in Pakistan contributing to the informal economy significantly. But they are not recognised as ‘workers’ as per the definition of workers set in the national labour laws whose definition only covers workers in the formal sector, working in factories, shops and formal establishments. The amendment would also clarify the confusion that the act does not apply to universities, though it does, the federal ombudsperson maintained. In the case of sexual harassment of a student by an instructor at Quaid-i-Azam University (QAU) in 2011, the Ombudsman had unequivocally ruled that the “act equally applies to employers, employees and students.”

The Ombudsperson followed the same reasoning in its decision regarding a high profile harassment case at Lahore University of Management Sciences (LUMS) in November 2014 directing the university to fire the lecturer. The ministry of law, justice and human rights, however, ascribes to a different opinion that the 2010 Act only regulates employer-employee relationships and is inapplicable to students. On the basis of such restrictive construction, the then President Asif Ali Zardari had set aside the order of the Ombudsman and thereby the termination of the accused instructor from QAU. The LUMS case also landed in the Presidency as the lecturer, who hails from a strong political background, has appealed against the Ombudsperson’s decision. And, following the same reasoning and a set precedence President Mamnoon Hussain might also set aside the ombudsman’s decision and give ruling to reinstate the professor.

Regarding the criticism on the judgement of LUMS case from a group of faculty members, she remarked that those who criticised the ruling had limited knowledge of the issue or knew one-sided story. “That’s the difference between a layman and a court that decides after cross-questioning and examination,” she opined saying, “If a person asks you to stop and deliberately unzip your shirt, what would you call it if it’s not harassment?” Any objectionable act, comment or display that demeans, belittles or causes personal humiliation and interference with work performance or in pursuit of studies falls under the ambit of harassment, she explained. “And it’s not related to only sexual harassment. Many cases the office heard were not of sexual harassment but of hostile or offensive work environment.” Another amendment she informed about is the change of the definition of ‘employee’ and the title `women’ so that it can be more effective for all.

And with this amendment to the act, it will be applicable to a person of any sexuality. “Harassment can be of any kind between man to man, woman to woman, man to woman or woman to man and transgender community is the most vulnerable group to sexual harassment at a place of employment so there is a need to expand its definition,” Justice Abbasi said.

So far the Federal Ombudsman Office has registered about 240 cases coming from all provinces and territories, and of them 15 are being heard while the rest have been disposed of. The complainant can contact the main office or provincial offices as Punjab and Sindh have established provincial ombudsman offices. But Khyber Pakhtunkhawa and Balochistan have yet to establish it, she added.

“Since establishment of this office the women now feel safe at a place of work. They know that the allegations of inappropriate behaviour will be treated with seriousness and the offenders will be held accountable by strong and effective systems of justice,” Justice Abbasi believes. The office believes in quick disposal of complaints unlike the pendency of cases in other courts, she claimed. The act also binds the office to dispose of the cases within a period of 60 days after the registration of a complaint. The implementation rate of decisions is also 100 percent, she said. “But due to the shortage of staff and infrastructure, the office is lacking a monitoring mechanism to check whether or not the law is being implemented that requires all public and private organisations to adopt an internal code of conduct and a complaint and appeals mechanism aimed at establishing a safe working environment for working women.”

DAWN

November 20, 2014November 20, 2014

Home-based women workers

AT a press conference (Oct 20) at the Karachi Press Club, Secretary-General of the Home-Based Women Workers Federation (HBWWF) has recommended that the labour laws should also be extended to about five million home-based women workers.

To achieve this goal, she said the International Labour Organisation’s Convention No. 177 on Home Work Convention, 1996, should be ratified by Pakistan. Article 4 of the Convention provides that the national policy on homework shall promote equality of treatment between home workers and other wage earners, taking into account the special characteristics of homework, particularly in relation to: (a) the homeworkers’ right to establish or join organisations of their own choosing and to participate in the activities of such organisations, (b) protection against discrimination in employment and occupation, (c) protection in the field of occupational safety and health, (d) remuneration, (e) statutory social security protection, (f) access to training, (g) minimum age for admission to employment or work, and (h) maternity protection.

Before considering the ratification of Convention 177, the government has to consider numerous factors relating to women homeworkers. The more disorganised, volatile and unpredictable will be the state of homeworkers, the more difficult it will be to ensure compliance with the Convention’s requirements.

The factors to be considered comprise but are not limited to the existing quality of available women homeworkers, nature of their employment, work environment, emoluments and commitment to their employers, etc.

At present the employment of urban women homeworkers is broadly divided into two categories, i.e. those employed in households located in posh localities and the others working in remaining areas of the city. The majority of them is illiterate and there are few who remain employed in one household for more than five to six months. Most of them work on a part-time basis for two to three hours doing dish washing, house cleaning, etc. Some households employ them for part-time cooking or for baby-sitting, which is the only job requiring extended working hours.

Emoluments drawn and facilities currently available to women homeworkers, especially in posh localities, are higher than those of their male counterparts in the industry.

Therefore, HBWWF should refrain from venturing into this uncharted territory till the above-mentioned issues relating to the quality of available women homeworkers have been addressed.

Parvez Rahim
Karachi

DAWN