Historically today marks International Worker’s Day or Labor Day in some countries. It is a day to pay homage to the plight of workers all around the world, and give recognition to the various forms of discrimination and disparity in treatment of workers.
With time there has been recognition of the need to protect the interests of all workers, especially women in the world of work.
Gender based violence, of which sexual harassment (SH) is a form of, is experienced by a person because of their sex and/or gender.
Women in Fiji experience sexual harassment at the workplace on a regular basis (one in five women have experienced SH in the workplace – the Fiji Women’s Rights Movement’s (FWRM) 2016 National Prevalence Research available on FWRM website).
Additionally the research found that women from the food, beverage and hospitality sector were the most affected. One in eight women interviewed experienced sexual harassment because of tauvu/tavale (kinship) socio-cultural relations.
A total of 62 per cent of all working women interviewed said their employer had a sexual harassment policy. While 22 per cent said their employer does not have a policy, a further 16 per cent claimed they did not know if there was a policy or not in their workplace.
What is sexual harassment?
The Fijian Employment Relations Act 2007 (ERA) provides a definition of sexual harassment as follows “when a worker is sexually harassed in his of her workplace, or places where workers are gathered for work-related purposes including social activity…”.
The ERA also provides examples of what kinds of behavior may constitute sexual harassment, such as verbal, physical, gestural, audio-visuals etc.
It places a legal duty on employers to develop and maintain a SH policy in the workplace, which is compulsory as per the law, and holds employers accountable for failing to take necessary steps to prevent sexual harassment in the workplace.
Categories of sexual harassment
Mainly there are two categories of sexual harassment and this includes; “Quid pro quo” (something for something) whereby sexual favors are asked of employees, usually by superiors, but may be demanded by junior staff as well, with threats of termination, forced transfers, unfair treatment at the workplace is a form of sexual harassment. Promises of benefits in exchange for sexual favors are also a type of sexual harassment.
Creation of hostile work environments is also another category of sexual harassment whereby the victim/survivor is subjected to such hostile treatment at work that it leaves them no choice but to resign. This is a more subtle way of perpetrating violence towards vulnerable workers who are heavily economically dependent on their jobs as a steady source of income.
Sexual harassment as a crime
Any unwanted sexual advances arguably constitute a crime, depending on the severity of actions committed by the perpetrator. With extreme forms of violence perpetrated against workers this can result in rape, sexual assault, indecent assault and other forms of sexual violence stipulated in our criminal laws.
It is worthy to note that there is no separate class of offences legislated as sexual harassment. In recent years Fiji has seen a few noticeable cases being brought to court, with perpetrators being held accountable for their actions.
There needs to be greater awareness within workplaces as to what constitutes criminal behavior for which perpetrators can be held accountable. Especially as sexual harassment in the workplace is not widely-recognised as a problem and there is little quantitative research, some evidence suggests that it is in fact prevalent, but underreported (ILO Policy Brief: Eliminating sexual harassment in workplaces in the Pacific accessed on https://www.ilo.org/wcmsp5/groups/public/—asia/—ro-bangkok/—ilo-suva/documents/policy/wcms_407363.pdf )
FWRM’s ‘her story’
FWRM is a feminist NGO/CSO which works to end all forms of discrimination towards women and girls in Fiji.
It has over the last three decades continued to advocate and lobby for women’s economic rights, access and opportunities including safe and healthy working environments for women through research, campaigns and submissions.
In 1997, FWRM embarked on a nationwide media campaign with our very prominent TV Ad titled “The Boss Wants to See You” which highlighted the prevalence of sexual harassment suffered by women at the workplace and the absence of legislation on the issue.
When the Employment Relations Bill was introduced in Parliament in 2006, it reflected FWRM’s submitted recommendations and incorporated maternity protection, equal employment opportunities, equal pay for work of equal value and penalising sexual harassment in the workplace.
ILO Violence and Harassment Convention 2019
In 2020, Fiji ratified the ILO Violence and Harassment Convention 2019 (C190) and became the first country in the Pacific and the second in the world to ratify C190.
Prior to this, FWRM had submitted recommendations for Fiji’s ratification of C190 to address the prevalence of sexual harassment in Fiji’s workplaces and gaps in existing policies and legislation on the issue. It made recommendations as follows:
q that the State ratify the Convention as it would bring about the timely review of all relevant national laws and policies which need updating;
q that all sectors be included under the one regulation for easier recording and monitoring and evaluation purposes as well as ensure greater and exemplary transparency and accountability; and
q that Fiji meet all its international obligations under the Sustainable Development Goals with violence-free workplaces and decent work for all.
Now that Fiji has ratified C190, the State is further obligated to conform all national laws and policies to bring it in line with provisions of C190.
Ongoing trainings
FWRM in its realisation of the extent of the problem of violence and harassment in the world of work, especially as it affects women disproportionately, has developed a specialised sexual harassment training for workplaces, organisations, employers, associations, state entities, and anyone interested in furthering their knowledge on what is sexual harassment, how to identify it at the workplace, and what are the steps to take to eradicate it completely from the workplace. These trainings are available upon request, and details can be sought from our website.
Where to from here?
FWRM strongly urges the State, employers, unions and all workers in Fiji to work towards violence and harassment free workplaces in Fiji. For the State we welcome the ratification of C190, but urge it to take all necessary steps to conform all national laws and policies to C190.
For employers we remind them that they are legally required to develop and maintain a SH policy, and that FWRM can assist in developing a SH policy if required (details on our website).
With so much progress made over the last three decades, FWRM continues in its fight to raise awareness on the issue of violence and harassment in the workplace. This International Worker’s Day we remember all women in the world of work who face discrimination and gender based violence. Help is available. We also pay tribute to those who have fought for the recognition of better treatment for all women workers in Fiji.
- Bernice Lata is the legal rights training officer of FWRM. The views expressed are the author’s and do not reflect the views of this newspaper.
