Chronicle Editor
Nyaradzo Bakari
Although it remains prevalent and its cases are constantly rising, sexual harassment, especially in the workplace, is still the least talked about and underreported form of gender-based violence (GBV) in Zimbabwe.
Workplace sexual harassment largely goes unreported in the country because most perpetrators go unpunished and the existing form of punishment does not hinder perpetrators from displaying the same conduct.
Sexual harassment is generally associated with requests for sexual favours, advances or other sexual conduct which may affect decision-making when one gives in or rejects.
Sexual harassment happens to both men and women but predominantly happens to women in work-related areas.
The unceasing domination of men in our society and ascribed gender roles have seen many women succumb to sexual harassment and not speak out because society has normalised it.
Gender inequality at work is a reflection of inequalities that are within a patriarchal society. Sexist attitudes and behaviours that lead to GBV outside the workplace do not stop at the factory gate, office door or school gate, putting women at the feet of men.
According to Transparency International Zimbabwe’s (TIZ) most recent report on sexual harassment, more than half of women in Zimbabwe face sexual extortion (sextortion) in exchange for services.
“Fifty seven percent of the women surveyed reported that they had needed to offer sexual favours in exchange for jobs, medical care and even when seeking placements at schools for their children,” reads the report.
According to TIZ, there lacks clear legal definition and framework for “sextortion” to enable adequate prosecution of cases.
In a statement, Zimbabwe Gender Commission said the unavailability of a law that clearly criminalises sexual harassment has resulted in offenders getting non-deterrent sentences.
Women organisations have, therefore, called on the Government to enact a law that clearly criminalises sexual harassment, especially in the workplace, to help reduce cases of sexual harassment.
South Western Region Gender Network (SWRGN) communications officer, Mr Methembe Songo said the patriarchal nature of society was a contributing factor to the increased cases of sexual harassment.
“It is beyond measure of doubt that sexual harassment at the workplace in Zimbabwe is taking place and little efforts are being done to reduce or eliminate such behaviours.
“Sexual harassment in the workplace happens across all spheres; be it a student, office work, industry, mine, domestic worker amongst others. Women and girls are the most affected and victims of sexual harassment due to the patriarchal nature of society which is titled towards male dominance, with little space offered to women and girls on exploitation,” he said.
“It can also be noted that lack of clear legislation that criminalises sexual harassment in the workplace has resulted in most cases being swept under the carpet while victims suffer for the rest of their lives. It has also been noted that most organisations do not have gender policies that facilitate the handling of cases of sexual harassment at the workplace. Disciplinary hearings on such cases have been hampered by the unavailability of this very important instrument and guiding document or law.”
Mr Songo said tertiary institutions were among communities that have cases of sextortion that have seen perpetrators go unpunished.
“Tertiary students have been victims with a number of cases being reported but less being done to bring the perpetrators to book. As SWRGN, we agree that lack of a law that clearly spells out legislation of sexual harassment in the workplace has been a reason why violence in the workplace continues unabated.
Some cases reported disappear into thin air due to the legal and financial muscle that men have over women.
Victims continue being intimated and controlled by perpetrators in fear of losing their sources of livelihoods,” he said.
Mr Songo urged the Government to take a leaf from the South Africa government in terms of regulation of sexual harassment.
“We call upon the Government of Zimbabwe in the spirit if upholding the principles of CEDAW guidelines to enact a law that criminalises sexual harassment in the workplace. Lessons for implementation within the Zimbabwean jurisdiction can be learnt from South Africa with its Employment and Equity Act 55 of 1998 Code of Good Practice: Sexual Harassment wherein entities are encouraged to put in place policies to deal with sexual harassment and those policies be effectively communicated and understood by all employees.
The exclusive nature of the Code has sufficient content and clarity to be used as a guideline in instances of sexual harassment,” he said.
Ms Batanai Mapinde-Gwangwawa, Women’s Academy for Leadership and Political Excellence’s (WALPE) programme officer concurred with Mr Songo saying sexual harassment in the workplace was a threat to the victims and organisations’ integrity.
“We believe that sexual harassment in the workplace should be criminalised because it’s a serious offence that threatens the integrity of the organisation as well as that of the victim. Sexual harassment should be criminalised to ensure that it is properly recognised as a serious offence, with the gravity it deserves and offenders get deterrent stiffer penalties than they are currently getting,” she said.
“Criminalising sexual harassment will also address all the continuously evolving forms of sexual harassment. By definition, sexual harassment is simply unwanted sexual attention yet this very attention is embedded in our culture of courtship.
“This means that for many women and men, unwanted sexual attention should be acceptable yet it’s an infringement of rights. Therefore a sexual harassment Act will also criminalise by way of definition many unwanted advances which for years have been normalised by our society.”
Minister of Women Affairs, Community, Small and Medium Enterprises Development Sithembiso Nyoni said her ministry condemns sexual harassment and its criminalisation was a matter the Ministry of Justice, Legal and Parliamentary Affairs should deal with.
“As the Women’s Ministry, we don’t condone any form of sexual harassment. The Public Service Commission is weary of workplace sexual harassment and is conducting trainings to educate civil servants on sexual harassment. The criminalisation of the conduct is something that the Ministry of Justice, Legal and Parliamentary Affairs can look into because offenders should not go scot-free.”
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