Sexual Harassment Issue in Australia Report

Summary of the podcast

Sexual harassment still persists in Australia 30 years after the enactment of the Sex Discrimination Act in 1984. A survey carried out in 2008 by Sex Discrimination Commissioner revealed 22% of women and 5% of men indicating having been sexually abused at the workplace. Unfortunately, sexual harassment is yet to get a clear definition but is seen as any sexual behavior deemed inappropriate, unwelcome, and unwarranted usually arising where there is no mutual understanding or consent between the two parties. Many of these cases go unreported with exception of the case of David Jones in 2008 that seems to have set a new beginning on the need to expose the culprits. Organizations have a role in curbing the prevalence of sexual harassment by facilitating the implementation of relevant policies. Unfortunately, they only accomplish the first policy and ignore the others. These include: coming up with clear policies on sexual harassment that entails stringent penalties of perpetrators of the offenses with clear measures of what constitutes sexual harassment. Secondly, promote the sensitization process through training and discussion of what sexual harassment means from bottom to top. Thirdly, a strong and independent review process that allows people to report and, actions were taken against perpetrators without fear or favor. Lastly, there is a need to enforce effective actions against sexual perpetrators. Occupation of top positions by women is recommended as one possible way of dealing with sexual harassment in organizations. Women are known to demand respective policies to curb sexual harassment. At national levels, there is a need to lead from the front where top leaders are expected to label it unacceptable behavior punishable under the law.

Sexual harassment in Australia

Sexual harassment in Australia refers to any social interaction that culminates to unwelcome sexual behavior that leaves the affected feeling offended, humiliated, or intimidated. Development of sexual harassment as a human rights activity can be traced back in the post –Cold War period, when there were changes on what was viewed as human rights violation. Before then, human rights activism focused on lack of freedom of expression, unfair trials and mistreatment of prisoners as what constitutes to human rights activities. Post-cold War activisms have included those forms of oppression that have received little attention from the government policies (Rodio et al., 2010). For example, in 2004, Amnesty International started a campaign of ‘Stop Violence Against Women’ with early reports focusing on women as victims of traditional human rights violation. Through support of the states, subsequent campaigns have been centered on violations against women among them elimination of sexual harassment.

Policies, for example, the Sex Discrimination Act of 1984 exist to curb instances of sexual harassment. Despite declaring sexual harassment unlawful in the Australian society it still persists 25 years after its enactment. One of the challenges has been on what really constitute to ‘sexual harassment’. Its signs are varying from staring, unwelcome touching, suggestive comments, insults, to inappropriate advances. In 2008, the commission on Human Rights submitted recommendations on sexual harassment practice in Australia. Among the recommendations was redefining sexual harassment to incorporate protection for students and workers. Surveys on sexual harassment in Australia note that many citizens lack the understanding of what constitutes sexual harassment. One of the study in 2003, showed 22% of the respondents indicating having not abused sexually, only to report experiencing behaviors’ which amount to sexual harassment.

The Australian Sex Discrimination Act outlaws sexual harassment in working places, and in educational institutions. Unfortunately, most of the sexual complaints reported at the commission were those committed at workplace. In 2009 –2010, the commission received 21% of the complaints on sexual harassment, out of which 88% were committed at the workplace. This continues to be a challenge in making working places safe for women as they are primarily the targets. Research shows women being four times more likely to experience sexual harassment at the workplace than men with majority of the cases involving a male perpetrator against a female target. The 2008 survey found that 22% of women and 5% of men had undergone some form of sexual harassment while working. Although this was a considerably reduced figures compared to 28% of women and 7% of men in 2003, the percentages are still high and thus unfavorable for women participation in development. The fact that the vice is committed by the co-workers, either at the same level or more senior positions complicates the reporting process. Half the targets in the above study reported their perpetrators being co-workers. A further 11% said their perpetrator was in a more senior position than the affected with 17% saying their harasser was a supervisor, manager or employer. It is already noted that sexual harassment is unlawful, but ironically, majority of sexual harassment goes unreported to relevant bodies. Only 16% of those sexually abused had launched a formal complaint, compared to 32% in 2003. There are a number of reasons cited by those who did not make a formal complaint. They include: 43% noting that it was not serious enough to be reported, 15% feared the negative impact on their image, 21% lacked faith in the laid down complaint procedures, and 29% provided solution to the problem themselves. Some of the recommendations that the Australian government has to put in place include:

1. Amendments on the Sex Discrimination Act to provide wider protection to students and workers, as proposed by the Australian Government in its response to the review conducted by the Senate Committee. The definitions of sexual harassment to be expanded and clear guidelines under which sexual offences are declared unlawful therefore punishable.
2. Strengthening the powers of the Sex Discrimination Commissioner by giving the Sex Discrimination Act powers to initiate investigations for sexual harassment in Australian workplaces without requiring a formal application in form of a complaint.
3. Developing a national Sexual Harassment Prevention Strategy to guide all employers and workers in understanding their rights and responsibilities in regards to sexual harassment with a focus on prevention and education. There is a need to engage with the already established bodies like the Australian Human Rights Commission and Fair Work Australia in sensitizing the citizens.
4. Employers should be involved in increasing the awareness of sexual harassment and improving the complaint process by making it open and functional.
5. The Australian government has to strengthen its legal systems to regain trustworthy from the citizens if the war on sexual harassment is to be won.

Discussion questions in class

1. Sexual harassment has been taken up as a human right issue in many countries including Australia. However, 25 years after the enactment of the relevant act still many cases go unreported. What are some of the strategies that the Australian government can come up with to reverse this trend?
2. Women in Australia seem to bear the blunt of sexual harassment more than the male counterparts. What are some of the factors that have contributed to this?

References

Rodio, Emily and Schmitz, Hans. 2010. ‘Beyond Norms and Interests: Understanding the Evolution of Transnational Human Rights Activism.’ International Journal of Human Rights 14(3): 442-459.