Public consultation underway for new harassment bill

The government has begun public consultation for the new ‘Protection from Harassment Bill 2024,’ as it takes proactive steps towards eradicating gender-based violence (GBV).

The engagement, facilitated by the Ministry of Human Services and Social Security, offers citizens an opportunity to engage with government officials and voice their views on the final draft legislation.

The proposed bill seeks to address harassment in various settings, particularly in both public and private workplaces, with a particular focus on protecting vulnerable groups and preventing sexual harassment and stalking.

According to the draft, harassment covers any conduct that causes harm, induces fear, or otherwise disturbs the peace of individuals through actions including following surveillance, and unwanted communication.

It also includes direct and indirect forms of harassment while addressing instances where third parties, such as family or friends, might be affected.

In addition, the bill highlights sexual harassment in private and public domains and mandates that employers make every reasonable effort to prevent harassment in workplaces, schools, institutions, and similar environments.

Accordingly, it criminalises behaviours like stalking, threatening, and other harassing acts, penalising offenders with fines of up to $1 million and prison terms ranging from six months to one year.

Stalking, as listed, includes following a person, sending unsolicited communications, monitoring online activity, and loitering near a person’s home or workplace.

To uphold confidentiality, the bill mandates that all institutions create a secure register for recording complaints, and only authorised individuals can access this information.

Unauthorised disclosure of details related to complaints can lead to legal consequences.

Meanwhile, an independent tribunal (institution) comprising seven members will be established to handle harassment and sexual harassment cases, offering a balanced and fair approach to hearing complaints.

At least half of the tribunal members must be women to ensure gender sensitivity in decision-making.

These members include legal professionals, mediators, and experts in gender and labour affairs. Individuals with conflicts of interest must declare their connection and refrain from participating in related deliberations.

Once the tribunal is operational, community members, workers, and students can formally submit complaints for review.

Meanwhile, the public consultation phase has commenced in several regions, with the ministry actively encouraging citizens to participate. Public feedback will play a pivotal role in shaping the final version of the bill.

Legal representatives are on hand to clarify aspects of the bill, gather input, and incorporate feedback from the community.

The public exercise concludes on December 5.