In May 2021, Malawi Human Rights Commission under strategic outcome 2 of “Improved rights- based culture at all levels of the society”, implemented a series of activities which aimed at eliminating sexual harassment in the public, private and informal sectors. The activities were implemented with financial and technical support from UNDP through the Spotlight Initiative Programme. The main aim of the interventions was to mobilize SMEs and cooperatives of women employees and employers in the private sector, CBOs and CSOs, Magistrate/ Industrial Relations Courts, District Labor Officers and Journalists in spotlight districts to share experiences of SGBV and sexual harassment in the workplace and business sector. The interventions were implemented through five main activities namely: (1) situation analysis which aimed at collecting data in the three regions of Malawi to gather evidence of existing extent of sexual harassment and SGBV in workplace and business sector; (2) regional consultative meetings on sexual harassment in the workplace targeting the public, private and informal sectors; (3) development of guidelines which will provide general guidance to the public, private and informal sectors in eradicating sexual harassment (4) national consultative conference with policy makers and private sector stakeholders which aimed at formulating policy recommendations to combat sexual harassment in the workplace and business sector; and, (5) orientation of journalists from different media houses on sexual harassment. The interventions were implemented in the 6 spotlight districts of the country: Nsanje, Machinga, Dowa, Ntchisi, Mzimba and Nkhatabay.
Pillar 2 of the Spotlight Initiative (SI) aims at strengthening institutions to address SGBV, SRHR and HP. Among the institutions that are being focused on in this pillar include private higher learning institutions, private companies and local govt structures that include non-state actors. The interventions implemented by the Commission aimed at initiating engagement with these private companies/ institutions and policy makers in the integration of gender equality- especially SGBV, SRHR and HP.
Upon completion of the interventions under Pillar 2 of the SI, the Commission conducted a review and an analysis inorder to ascertain and document achievements, challenges and lessons learnt. Specifically, the Commission wanted to identify key achievements, best practices, challenges and gaps of the previous interventions. The Commission further wanted to identify and document any intended and unintended outcomes and impacts of the interventions, gather material for documentation of activities such as feature stories and document recommendations.
During the situational analysis exercise, data was collected through individual interviews and focus group discussions where 58 people were sampled for the discussions in the spotlight districts, the sample comprised of individuals from SMEs and cooperatives, women employees and employers in the private sector, CBOs and CSOs, Magistrate/ Industrial Relations Courts and journalists.
Results showed that that there is a large knowledge gap on sexual harassment at workplace and business sector. About 70% percent of the cooperatives, journalists, district labour officers and Industrial Relations Court/ Magistrates have little knowledge of sexual harassment. This perceived knowledge gap has been singled out as one factor which hinders effective realisation of human rights and access to justice to victims of sexual harassment, and sexual gender-based violence in general. Furthermore, the interventions revealed that almost all institutions interviewed have no sexual harassment workplace policy document to assist fighting sexual harassment. Likewise, it was established that most institutions have existing sexual harassment reporting mechanisms and psycho-social support services to victims of sexual harassment.
During the implementation of the interventions, the Commission noted that lack of knowledge of gender related laws, specifically GEA is a big challenge. Many people are not aware of the laws that protect them from abuse and violation of their rights.
The Commission, following the findings of the study, recommends that:
- Institutions to develop response mechanisms such as the sexual harassment policies in all sectors which shall have proper structures for reporting and handling sexual harassment related issues
- The Human Rights Commission should mobilize resources and embark on sexual harassment and its relevant laws orientation programs in the public, informal and private sectors.
- Media house should develop own sexual harassment workplace policy, but the Media Council of Malawi and MISA-Malawi should liaise to provide oversight on the handling of sexual harassment cases in the media industry.
- All government organs and agencies and the private sector should fully enforce the laws and policies on sexual harassment.
- All government organs and agencies and the private sector should continuously train their staff on sexual harassment
- Setting up a free toll line for people to lodge complaints on sexual harassment
- The Media should take a leading role in sensitizing the public on the Concept of sexual harassment, and its impacts on the individual victim as well as the organization in the public, private and informal sectors.
- District council to ensure proper committees have been established in the marketplaces to address SH and other related sex discrimination.
- Law enforcers such as the police to help victims of sexual harassment without re-victimization
- That workplace, including branches should have gender focal persons to ensure organizations or institutions have mainstreamed gender into their programs, including gender and SHW policies.
- Development partners to require their sub-grantees, especially Civil Society Organizations, to have SHWP and gender policies as prerequisites for funding.
- Institutions with legal mandate to promptly and swiftly investigate alleged sexual harassment violations in order to facilitate access to justice to victims.