🚫 Report Highlights Ongoing Issue of Sexual Harassment in Africa
A new report spotlights the "fragmented" legal approach to sexual harassment in Malawi and other African countries.
LILONGWE, Malawi – A newly-launched report titled “Mapping Legal Protections Against Workplace Sexual Harassment in Africa” reveals that sexual harassment continues to pose a threat to workplace safety and equality across the globe. In Africa, this problem is compounded by a lack of coherent legal frameworks and weak enforcement mechanisms, writes Winston Mwale.
The report, released ahead of the 16 Days of Activism Against Gender-Based Violence, emphasizes that the problem is exacerbated by a lack of coherent legal frameworks and weak enforcement mechanisms in many African countries.
This highlights the urgent need for comprehensive policies and stronger enforcement to protect individuals from harassment and promote gender equality in the workplace
The report, produced by a coalition of legal experts and advocacy groups, examines the legal landscape of workplace sexual harassment in 22 African nations.
The report's findings suggest an urgent need for reform. It highlights the disparity in legal protections and the frequent use of "fragmented approaches" that leave victims vulnerable and perpetrators unpunished.
Malawi: A Case Study in Fragmentation
Malawi, like many African nations, is grappling with the issue of workplace sexual harassment.
While laws like the Gender Equality Act and the Occupational Safety, Health and Welfare Act provide some protection, the report argues these are insufficient.
The report points to a number of "practical difficulties" in Malawi, including:
Scattered legislation: The laws addressing sexual harassment are spread across various legal instruments, leading to confusion and uncertainty for victims seeking justice.
Inconsistency in sanctions: Penalties for sexual harassment vary widely across different laws, with some failing to specify any consequences for perpetrators.
Lack of effective complaint handling systems: Victims often struggle to have their complaints taken seriously by employers and law enforcement agencies.
The report cites two specific cases in Malawi to illustrate these challenges:
T K v Mota Engil Engenharia Construcao Africa, SA (Personal Injury Cause No. 576 of 2017) MWHC 26: This case demonstrates the difficulties victims encounter when trying to hold perpetrators accountable in the absence of robust complaint-handling mechanisms.
S v IG of Police, Clerk of National Assembly & Ors. (Judicial Review 7 of 2020) MWHC 25: This case highlights the social stigma associated with reporting sexual harassment. Many victims face ridicule, isolation, and abandonment by their families and communities.
A Regional Imperative: Towards a Model Law
The report advocates for a regional model law on sexual harassment in Africa. Such a law, the authors argue, would offer numerous benefits:
Harmonisation: It would establish a consistent legal framework across member states, promoting clarity and certainty.
Knowledge sharing: It would facilitate the exchange of best practices and resources between countries, enhancing enforcement efforts.
Regional collaboration: It would foster cooperation between nations in tackling this shared challenge.
Comprehensive protection: It would allow for broader definitions and more inclusive coverage of sexual harassment.
Beyond Legislation: A Call to Action
The report stresses that legal frameworks alone are not enough to address the pervasive problem of sexual harassment. It recommends a multi-pronged approach, including:
Clear definitions: A comprehensive definition of sexual harassment that encompasses a broad range of behaviours, including online and digital harassment.
Safe reporting mechanisms: Clear procedures for reporting incidents, with internal and external options available to victims.
Mandatory employer response: Employers must take action in response to complaints, with inaction treated as an aggravating factor in legal proceedings.
Vicarious liability: Employers should be held accountable for acts of sexual harassment committed by their employees, extending to workers in the informal sector.
Robust investigations: Impartial investigations of complaints should be conducted by trained personnel within a reasonable timeframe.
Ban on NDAs: Non-disclosure agreements should not be used to silence victims and witnesses.
Protection against retaliation: Clear prohibitions against retaliation, including defamation lawsuits and unfair dismissal.
Equal protection for all workers: No exceptions to legal protection based on employment status or sector.
Mandatory training: Employers should be required to provide training for all staff on sexual harassment prevention and response.
Specific provisions for vulnerable groups: Legislation should address the needs of domestic workers and those in the informal sector, who are often excluded from legal protections.
The report serves as a call to action for African governments, legal professionals, and civil society to work together in creating a safer and more equitable work environment for all.
*Download the report below:
