New sexual harassment bill edges closer to law in Malaysia | Women News

Kuala Lumpur, Malaysia – At college, three years in the past Esma* felt a persistent ache alongside her arm and went to the campus clinic.

When she lay on the examination mattress, the medic requested her to unbutton the highest of her gown. He stated {that a} lump on her chest may very well be inflicting the ache and instructed her to decrease her bra.

“I did what he requested me to do as a result of there was nothing suspicious at first. I assumed he was doing his job,” she instructed Al Jazeera.

She quickly found in any other case.

The medic instructed her she had lovely breasts, kissing one and squeezing her nipples. It took about 30 seconds for her to completely comprehend what was taking place.

“I didn’t say something. I used to be too shocked,” Esma stated. “I simply sat up and dressed myself, and he sat again in his chair to put in writing me a medical prescription for my arm – it didn’t point out the lumps. Then I left.”

Reviews of sexual harassment should not unusual in Malaysia, however regardless of the existence of assorted authorized mechanisms, many ladies say efficient redress remains to be missing.

They hope the long-awaited Anti-Sexual Harassment Invoice, which had its first parliamentary studying in December final yr, will quickly turn out to be legislation. A second studying will happen this month.

“This invoice would apply to any particular person, in any context,” stated Daniella Zulkifili, from the Affiliation of Ladies Legal professionals, who had a hand within the invoice’s drafting.

The laws would broaden the present, piecemeal utility of sexual harassment legal guidelines – going past the office to cowl occurrences in any setting, resembling academic establishments, clinics, public transport, sports activities golf equipment, even on-line.

A long time of debate

For ladies’s rights activists, it has been a protracted battle.

Preliminary discussions for extra complete legal guidelines on sexual harassment began within the Nineties. However resulting from an absence of political will, actual progress solely passed off when elections in 2018 led to a change in Malaysia’s authorities for the primary time since independence.

Later political manoeuvres introduced a few of the old guard back to power, however the invoice continues to maneuver ahead.

A man accused of sexual assault covers his face as he is escorted by a police officer at a court in Kuala Lumpur
Taking motion on sexual harassment and assault beneath the Penal Code might be prolonged and traumatic for survivors [File: Stringer/EPA]

Now 21, Esma thinks that the mere existence of such an act would assist survivors really feel the offence is taken significantly.

“I believe mentally, it might assist me rather a lot. I could recuperate extra quickly,” she stated. “Each time I’ve to go to the police station or to the court docket, I begin to really feel once more what occurred. I can not transfer on.”

Esma instructed her college supervisor what occurred proper after she was assaulted, however felt the official was sceptical of her story.

The following day, she ignored the medic’s calls and he texted her saying she might need one thing in her breast and may verify with a specialist. Esma had a scan the next day, however discovered no trigger for concern. The identical day, she went to the police.

The medic was later charged beneath part 354 of the Malaysian Penal Code for “assault or use of prison drive to an individual with intent to outrage modesty” as a result of there isn’t any particular offence for “sexual harassment”. Esma feels that her college is equally accountable; she ought to have been secure there.

In keeping with Zulkifili, pursuing redress beneath the Penal Code might be difficult. Many instances could not quantity legally to against the law due to the necessity for a level of severity and particular components to be fulfilled, in addition to a typical of proof past affordable doubt.

Esma’s case remains to be pending, however the authorized course of has been bruising. She was not allowed to have somebody accompany her to court docket regardless of her request, and felt she needed to beg her college supervisor to testify in her favour.

“She was scared to return. I don’t know why. I’m the one who wants assist. I really feel like nobody was attempting to assist me. I needed to do every thing on my own,” Esma stated.

Extra authorized choices

Moreover in search of justice by means of prison courts, since 2016 survivors have been in a position to sue their sexual harassers in civil courts for financial compensation. However not everybody can afford authorized counsel, and the method can take years.

The brand new invoice expands the authorized choices for survivors by making a particular tribunal, held behind closed doorways, adjudicated by specialists in legislation and issues regarding sexual harassment.

It will have the facility to order a variety of treatments moreover financial compensation, resembling an apology or counselling, and should accomplish that inside 60 days. The usual of proof required is on the steadiness of possibilities – just like civil instances – whereas the sexual harasser’s previous conduct or conversations the survivor had about their expertise may very well be submitted as proof.

A sexual harassment case tried as against the law might be dropped at the tribunal on the similar time.

The tribunal, nevertheless, doesn’t enable events authorized illustration, which critics say may deter a survivor from bringing their criticism for concern of dealing with their harasser themselves.

Nonetheless, such a tribunal could assist Jun*, 26, who feels she has been failed by the present system.

Earlier this yr, whereas Jun’s firm was having an occasion in a convention corridor, she went into the cramped sound room adjoining it to change off the tv. As she reached up to take action, she says a male colleague got here up behind her and pressed in opposition to her, pinning her to a aspect wall as he apparently reached for one thing.

“He has an enormous tummy and I may really feel it sticking into my again. He even stated into my ear that he wished to ‘squeeze me flat’,” she instructed Al Jazeera, partly in Mandarin.

Returning to work just a few days after the general public holidays, Jun reported the incident to her supervisor, however felt blamed for it.

“He stated it was as a result of I used to be carrying a brief skirt, that I’ve a persona that’s simple to bully. He requested me why I didn’t battle again,” she stated, her voice wavering. “I did battle, however at the moment I used to be additionally panicking. I needed to make myself relax.”

In keeping with a 2020 survey of 1,010 Malaysian ladies, 62 % have skilled office sexual harassment.

A 2011 modification to the Employment Act directs an employer receiving such complaints to hold out an inner investigation, however the way it does so is left to the employer. “Some organisations do search for impartial members to kind the panel,” Zulkifili stated, “however there isn’t any such obligation.”

Later, Jun lodged a proper criticism. There have been no surveillance cameras within the sound room, however there was one overseeing the principle space. Nonetheless, the footage didn’t assist her. The corporate’s investigation concluded that no sexual harassment had taken place. Jun says the digital camera’s positioning outdoors the sound room made it tough to see what truly occurred.

She says one other male colleague within the sound room witnessed the incident, however laughed it off as a joke and wouldn’t assist her criticism. She additionally says that her harasser instructed everybody it was she who seduced him, and that the investigation was unfair as a result of her harasser was pals with the brother of the corporate’s boss.

Finally, Jun felt beneath strain to resign from her job, however determined to not pursue motion for constructive dismissal beneath the Industrial Relations Act, which may supply financial compensation. She feared it might weaken her case.

“I don’t need the cash. I need him to be punished and I need him to apologise to me sincerely,” she stated.

‘Scream and push him away’

Discouraged from pursuing official channels, different ladies have taken their experiences to the press and social media, but in addition discovered it tough to carry sexual harassers accountable.

In 2020, college pupil “Soleil Ching” held a press convention to report the professor who sexually harassed her, after failing to acquire a decision from both her college or the police. She additionally crowdfunded cash to sue him in a civil swimsuit.

Final April, Ain Husniza, then a 17-year-old pupil, took to TikTok to complain a few instructor at her faculty who had joked about rape in entrance of her class. She by no means named the instructor publicly, however he sued her for defamation anyway. The instructor is now being defended by attorneys appointed by the federal government in her countersuit.

Extra lately, Yihwen Chen, a journalist, made a meditative quick movie, The Boys Club, about her expertise of sexual harassment whereas filming a function documentary – by an oblique topic of the documentary – and the way she felt unsupported by her bosses when she reported it. She ultimately felt compelled to depart.

Malaysian teenager Ain Husniza, who reported her teacher for making a rape joke, speaks to the media supported by her father and supporters outside a police station
Ain Husniza Saiful Nizam (centre in pink trainers) is dealing with a defamation swimsuit supporter by the federal government after she criticised a instructor for making a rape joke. She didn’t identify him [File: Arif Kartono/AFP]

Regardless of some advances, even the brand new invoice is inadequate, activists say.

In latest public statements, the Joint Motion Group for Gender Equality – which incorporates the Affiliation of Ladies Legal professionals (AWL) and Ladies’s Assist Organisation (WAO) – has known as for amendments.

Activists have requested for the definition of sexual harassment to be expanded past interactions between two people to incorporate hostile environments that allow sexual harassment, and argued for imposing an obligation on organisations to forestall such incidences and deal rigorously with complaints.

“A whole lot of instances come all the way down to energy dynamics, and there might be loads of blowback on survivors,” famous Abinaya Mohan, WAO head of campaigns. “So, the prohibition of additional victimisation is vital. There have to be a safety mechanism in place so complainants can communicate up freely.”

Citing a 2019 YouGov survey of 1,002 Malaysians, Betty Yeoh of girls’s rights social enterprise ENGENDER Consultancy – who additionally helped draft the invoice – provides, “Sexual harassment occurs to 35 % of girls and 17 % of males in Malaysia. This invoice isn’t just for girls, however for each citizen on this nation.”

Till it comes into being, Jun, traumatised a number of instances over from being disbelieved, has recommendation for girls who discover themselves being sexually harassed.

“Scream and push him away. Then you’ll have a greater case beneath the legislation.”

*Names have been modified to guard the identities of the survivors.

Srebrenica women recognised for highlighting 1995 genocide | Genocide News

They had been those who lived in a world by which their husbands, sons, brothers, uncles and nephews had been massacred. They had been those who fought to guarantee that the world would neither deny nor neglect the reality of what occurred in Srebrenica.

As 1000’s converge on the jap Bosnian city to commemorate the twenty seventh anniversary on Monday of Europe’s solely acknowledged genocide since World Conflict II, the essential position girls have performed in forging a worldwide understanding of the 1995 bloodbath is also getting recognised.

A everlasting picture exhibition of portraits of the ladies of Srebrenica opened on Saturday in a memorial centre devoted to the bloodbath’s greater than 8,000 victims.

The centre in Potocari, simply outdoors the city, is about to host a world convention of ladies discussing how they discovered the energy to battle for justice after being pushed from their houses and witnessing their family members being taken away to be killed.

“After I survived the genocide by which my most beloved youngster and my husband had been killed, it was the injustice of their killers, their refusal to acknowledge what they did and to repent, that pushed me to battle for reality and justice,” Munira Subasic mentioned.

10 days of slaughter

Subasic’s family members had been amongst greater than 8,000 males and boys from the Bosniak ethnic group, which is made up primarily of Muslims, who perished in 10 days of slaughter after the city was overrun by Bosnian Serb forces within the closing months of Bosnia’s 1992-95 fratricidal struggle.

Bosnian Serb troopers ploughed the victims’ our bodies into rapidly made mass graves, after which later dug up the websites with bulldozers and scattered the stays amongst different burial websites to cover the proof of their crimes.

Bosniak girls and youngsters had been packed onto buses and expelled from the city. However as quickly because the struggle was over, Subasic and different girls who had shared her destiny pledged to search out the stays of their family members, deliver them again to their city and bury them there.

To try this, they created an organisation, Mothers of Srebrenica, which engaged in avenue protests and different actions to remain within the public eye.

They demanded that the mass graves be discovered, the stays recognized, and people answerable for the bloodbath punished.

So far, nearly 90 p.c of these reported lacking from the autumn of Srebrenica have been accounted for.

“Individuals typically ask us who supported us, who had our again early on. However it was nobody, we did it on our personal,” Sehida Abdurahmanovic mentioned.

“The ache is the most effective and essentially the most troublesome schooling, but in addition essentially the most sincere, as a result of it comes immediately from the center,” she added.

The ladies stored returning

Because the finish of the struggle, Srebrenica has been situated within the Serb-run Bosnian entity of Republika Srpska, whereas lots of its pre-war inhabitants dwell within the nation’s different entity, the Bosniak-Croat Federation.

Within the speedy post-war years, crowds of offended Bosnian Serbs did their greatest to forestall girls who had lived by the bloodshed from visiting the newly-found mass graves to seek for gadgets that after belonged to their family members.

To intimidate them, crowds would line up alongside the streets, shouting and throwing stones at buses carrying the ladies.

However the girls stored returning.

For a very long time, they needed to be escorted by the NATO-led peacekeepers, however nonetheless, they refused to bury their recognized useless wherever else however in Srebrenica.

Lastly, in 2003, Bosnian Serb authorities relented beneath strain and allowed the survivors to inaugurate the memorial cemetery for the victims within the city.

Thus far, the stays of greater than 6,600 folks have been discovered and buried on the cemetery. The stays of fifty extra victims, just lately present in mass graves and recognized by DNA evaluation, will likely be put to relaxation there on Monday.

Dozens of Srebrenica girls testified earlier than the UN struggle crimes tribunal for the previous Yugoslavia, serving to put behind bars near 50 Bosnian Serb wartime officers, collectively sentenced to greater than 700 years in jail.

“After my husband was killed and I stayed alone with our two youngsters, I believed I will be unable to perform, however the ache stored us going,” Abdurahmanovic mentioned.

Introduced up in a patriarchal society, Srebrenica girls had been anticipated to endure in silence and never confront Serb leaders, who proceed to downplay and even deny the 1995 bloodbath.

As a substitute, they modified their lives, organising help teams, commemorating the victims and re-telling their trauma to everybody prepared to pay attention, together with queens, presidents, prime ministers, diplomats and journalists.

“The historical past of what occurred in Srebrenica has been written in white marble headstones within the memorial cemetery, which might not have existed had we not insisted,” mentioned Suhra Sinanovic, who misplaced her husband and 23 different shut male family members within the bloodbath.

She mentioned Bosnian Serb authorities had underestimated the Srebrenica girls.

“If, God forbid, a struggle was to interrupt out in Bosnia once more, possibly [the Serbs] would do issues otherwise by letting the boys dwell and killing the ladies,” she mentioned.

Live news: US Supreme Court overturns Roe v Wade | Women News

Prime court docket overturns practically 5 many years of abortion rights in america in determination slammed by rights advocates.

  • US Supreme Court docket overturns landmark Roe v Wade determination, upending practically 5 many years of abortion entry within the nation.
  • In 6-3 vote, conservative-dominated high court docket guidelines the US Structure “doesn’t confer a proper to abortion”.Reproductive rights advocates say tens of millions of individuals will now not have entry to abortion providers within the US.
  • American Civil Liberties Union says ruling is “a gender, racial and financial justice disaster with lethal penalties”.

Listed below are all the most recent updates:

‘Disaster’: Rights teams slam high court docket determination

The American Civil Liberties Union (ACLU) and different rights teams have slammed the choice, saying tens of millions of individuals will now not have entry to abortion within the US.

“In the present day’s determination is a gender, racial and financial justice disaster with lethal penalties. Ladies and individuals who can turn out to be pregnant have been compelled right into a second-class standing,” the ACLU mentioned on Twitter.

“In the present day marks a grim milestone within the historical past of america,” Tarah Demant at Amnesty Worldwide USA additionally mentioned in a press release. “Hundreds of thousands of people that can turn out to be pregnant in america now face a future the place they will be unable to make deeply private selections that have an effect on their our bodies, their future, and the well-being of their households.”


‘Radical Supreme Court docket’ endangering Individuals’ rights: Pelosi

US Home of Representatives speaker Nancy Pelosi has condemned the choice by the Supreme Court docket, saying the well being and security of individuals within the US was in danger.

“This morning, the unconventional Supreme Court docket is eviscerating Individuals’ rights and endangering their well being and security. However Congress will proceed to behave to beat this extremism and defend the American folks,” Pelosi informed reporters.

“In the present day the Republican-controlled Supreme Court docket has achieved their darkish, excessive aim of ripping away ladies’s proper to make their very own reproductive well being choices.”


Anti-abortion activists have a good time outdoors high court docket in Washington, DC

Anti-abortion activists have gathered to have a good time the Supreme Court docket’s determination to overturn Roe v Wade. The crowds erupted in cheers as information of the ruling unfold.

“I’m ecstatic,” mentioned Emma Craig, 36, of Professional Life San Francisco.

“Abortion is the most important tragedy of our era and in 50 years we’ll look again on the 50 years we’ve been beneath Roe v Wade with disgrace.”

Roe
A celebration outdoors the Supreme Court docket, June 24, 2022 [Steve Helber/AP Photo]

US Supreme Court docket overturns Roe v Wade

The US Supreme Court docket has overturned Roe v Wade, the landmark ruling that granted the precise to abortion for practically 5 many years in america.

In a choice launched on Friday, the nation’s high court docket dominated in a Mississippi case that “the Structure doesn’t confer a proper to abortion”. The justices voted 6-3, powered by the court docket’s conservative supermajority.

Learn the total determination right here (PDF).


Hey and welcome to Al Jazeera’s reside protection of the US Supreme Court docket’s determination to overturn the landmark 1973 Roe v Wade abortion ruling.