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How sexual predators hurt the economy

19 Sep 2020

By Dr. Nicholas Ruwan Dias and Niresh Eliatamby This is not a women’s rights problem. It’s an economic problem. Sri Lanka will never get out of its Third World status while 52% of our population is afraid to step onto the street, onto a bus, or onto a train; unable to get to work, unable to have a career, and unable to fully contribute to the economy and society. Just imagine the economic fallout. This isn’t harassment; it’s persecution. Harassment is a one-off event. When it happens frequently, in public, with little or no fear of penalty, it’s persecution. Time after time, surveys by state authorities, labour organisations, non-governmental organisations (NGOs), international bodies, and academics have reported astounding levels in excess of 90% of sexual persecution in public, of women and young girls. Moreover, it happens as frequently as every month to most women. Well-meaning activists run brief campaigns to create awareness, resulting in knee-jerk reactions from minor politicians. “Women-only buses”, changes to laws that are rarely enforced, grandiose public pronouncements of “crackdowns”... we’ve seen them all. Nothing has changed. Here are some practical solutions.  Let’s get rid of the myths. It’s not about the length of a woman’s skirt. Many Sri Lankans want Lamborghinis, but if people start running off with other people’s Lamborghinis, they are going to end up in jail. Yet, too many Sri Lankan men trot out the excuse for lewd behaviour toward women as being related to the “feelings” aroused by the sight of a woman’s thighs. The plain fact is that human beings will cross the line when they have no fear of punishment. That’s why countries have laws. In Sri Lanka, men know that our culture of blaming and shaming the victim ensures that perpetrators of sexual harassment and assault will get away with it 99% of the time. A 2017 poll of Sri Lankan women by Yamu.lk found that 85% had been sexually harassed, with an astounding 55% having been physically harassed. Harassment took place at all times of day and night, by men acting alone and in groups, to girls and women of all ages, from under 12 to over 65 years of age. Less than 1% of such instances was reported to the Police, while 68% walked away in silence and 24% confronted the harassers verbally. Locations where such incidents occurred were mainly the street and on public transport. A 2004 study by Amarasinghe et al. found that 94% of women had experienced harassment on public transport. So the problem is the non-implementation of the law, due to a variety of practical and idiotic reasons. Economic impact of sexual harassment
  • Lower productivity and higher turnover and absenteeism
  • A hostile work atmosphere in the entire company
  • Extensive damage for the victims of sexual assault, including anxiety, depression, eating disorders, alcohol and substance addiction, and workplace instability or post-traumatic stress
Global context
  • A study by the Thomson Reuters Foundation on sexual harassment, access to healthcare, cultural traditions, and economic opportunities for women in 19 of the world’s largest megacities found that the safest were London, Tokyo, and Paris
  • The enforcement of the laws protecting women was found to be the reason for the reduced incidence of sexual assault in London
  • Cairo was deemed the worst in terms of risk of sexual abuse and violence, followed by Karachi, Kinshasa, New Delhi, Lima, Mexico City, Dhaka, Lagos, Jakarta, and Istanbul (See Figure 1)
Sri Lankan context 
  • Rape of women over 16 years – 289 cases in 2019
  • Statutory rape (sex with girls under the age of consent of 16 years) – 1,185 cases in 2019
  • Rape of minors under 16 years – 305 cases in 2019
  • Unnatural offences/grave sexual abuse – 710 cases in 2019
  • Sexual exploitation of children – 34 cases in 2019
Source: Sri Lanka Police What is sexual harassment? Every man knows what sexual harassment is. Those who make excuses for it need mental help. Sexual harassment can happen in public places, workplaces, or at home. The easiest locations to reduce incidents of sexual harassment would be public places. Incidents during peak hours (morning and evening) and school closing times were also reported as more frequent when there is high congestion in buses or trains, leading to physical contact contributing to the likelihood of sexual harassment. A study conducted by the United Nations Population Fund (UNFPA) found that 35 different acts, ranging from physical contact to verbal and visual sexual behaviours, may be labelled as sexual harassment. However, most sexual assault is physical (See Figure 2). Industrial  zones Sri Lanka has relied very heavily on female workers in industrial zones to drive economic growth. But this has come at a high price for our women. Activists estimate that over 90% of women in these zones are abused, but are discouraged from reporting such incidents. These women are poor and marginalised, most of whom work in the apparel industry. Workplace harassment  Too many Sri Lankan women drop out of jobs and have their careers damaged due to workplace harassment, by bosses and colleagues. The most common types of workplace harassment include:
  • Demanding sexual favours
  • Unwelcome physical contact
  • Lewd jokes, emails, and notes
  • Displaying sexist posters and pictures
  • Incessant staring at women
One of the biggest issues is that many companies simply ignore the problem and have no formal anti-sexual harassment policy. With management dominated by men, there is little choice for women in reporting matters. Schools and universities Sri Lanka’s state universities have an epidemic of sexual violence in the guise of ragging. Sadly, much of this is carried out by perpetrators of the same sex, as well as men harassing women. This includes the notorious “pairing off” of girls by force to male undergraduates. Harassment law enforcement Sri Lanka has a number of laws with regard to sexual harassment, but much more needs to be done in this regard to update our legal regime to the global best standards. Some of the laws that apply to sexual harassment include:
  • Section 345 of the Penal Code (Amendment) Act (No. 22 of 1995) established sexual harassment as a crime, which specifies that a person convicted of sexual harassment is punishable by imprisonment up to five years, with hard labour and/or a fine of up to Rs. 1 million. The compensation imposed by the court to be paid to the victim (the maximum sum that a Magistrate can order to be paid) is Rs. 100,000
  • Article 12(2) of the Constitution states that “discriminating against a person based on his or her sex is a violation of a person’s fundamental right to equality” 
  • Industrial Disputes Act
  • Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act
  • Bribery Act
Healthcare setting Around the world, the healthcare sector is known for high levels of sexual harassment, involving doctors, nurses, other medical and technical staff, hospital administrators, and patients. In Sri Lanka, this issue has not been given due recognition and there is little data available. Globally, sexual abuse against patients was recorded in many instances in health settings. For example, a study by physicians in the US who were punished for sexual offences showed that the proportion of all sexually related disciplinary measures increased dramatically in recent years. This increase may, however, represent an increased propensity to complain. The way forward: Practical solutions  
  • Awareness programmes for men, including teenagers: Men need to understand the viciousness of their actions and the consequences both they and their victims will face. They also need to understand the penalties
  • Public monitoring systems: The Sri Lanka Air Force (SLAF) started using drones last week to monitor traffic violations in Colombo. We suggest that CCTVs be made mandatory in buses, trains, bus stops, and railway stations to crack down on the far more serious challenge of sexual harassment. In a country where shopkeepers have CCTVs, it’s not very costly for local authorities to invest in making their towns safer
 
    • Holding drivers and conductors legally responsible: These are their buses and their passengers. They must help ensure their safety. Drivers and conductors can move passengers to avoid harassment, take the abuser to the nearest police station or simply stop next to the nearest traffic policeman, or just throw the harasser off the bus. In order to ensure that the drivers and conductors recognise their legal obligations, appropriate training should be given periodically. Ditto for railway staff and school van/staff van drivers
 
  • Bystander intervention training: What should bystanders do when they witness harassment or when a woman appeals to them for help? Training must be arranged in this regard
  • Lights, lights, lights: Too many incidents take place after dark. Women going home after work are the most vulnerable. We need proper lighting on our streets, bus stops, railway stations, etc.
 
    • Get the corporate sector, schools, and local government authorities involved in awareness creation
    • Get mothers and sisters involved in creating awareness: After all, every abuser has a mother
    • Separate entrance to police stations for women’s complaints: Police stations have bad reputations as dark and dangerous places. To help female victims, a separate side entrance must be arranged for women to get to the women and children division
    • Hospital police posts should have policewomen as well as policemen: Many incidents come to light when victims seek medical assistance
    • Public shaming: Publicise a database of convicted offenders
    • Change the law: Make it a crime for any person to ignore witnessing harassment without doing something about it
    • Siren sound apps: Encourage women and children to download siren sound apps on their smartphones for use if they are harassed
    • Helpline/free hotline: Establish an improved reporting system, which specifies the measures that hotlines and law enforcement staff need to take in resolving concerns related to sexual assault on public transport
    • Speak out and seek support: A code of conduct must be established regarding public transportation passengers and that code of conduct should be displayed inside buses and trains
 
  • Nationwide campaign/public awareness: Use wall spaces in stations, inside trains, etc. for posters and wall art regarding harassment
 
  • Family support for victims: Create public awareness on how family members of victims should help support victims
  • Federation of Chambers of Commerce and Industry instructions: Should instruct member organisations to ensure that the entire supply chain of every company is clear of sexual harassment; in the same manner there are policies against child labour in supply chains
  • Create awareness among corporates and government institutions: In order to reduce toxic work environments for women
  • Companies can use pre-training, training and post-training elements: At both the employee and group levels for sexual assault training programmes
Conclusion Stamping out sexual harassment isn’t rocket science. Many countries have managed to do it quite easily. Sri Lanka’s biggest challenge in this regard is in convincing the men, who are in key posts in the public and private sectors, including law enforcement, that they need to act. It’s costing us all a lot of money
(The writers are Managing Partners of Cogitaro.com, a consultancy that finds practical solutions for challenges faced by society and different industries.  Dr. Dias is a digital architect and an educationist based in Kuala Lumpur. He holds a BSc in Computing from the University of Greenwich, a Master’s in Computer Software Engineering from Staffordshire University, and a PhD from the University of Malaya. He is completing a second doctorate in Business Administration from Universiti Utara Malaysia. [ruwan@cogitaro.com] Eliatamby is a lecturer in marketing, HR, and mass communications based in Colombo. He is an author and was formerly the associate editor of a newspaper and editor of various industry magazines. He holds an MBA from London Metropolitan University and an LLM from Cardiff Metropolitan University. [niresh@cogitaro.com])
 

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