Petrina Francis, Staff ReporterPUBLIC AND private employers in Jamaica representing more than 800,000 workers and all educational institutions can be held responsible for all incidents of sexual harassment perpretrated against women.
This, as Jamaica ratified the 'Inter-American Convention on the Prevention, Punish-ment and Eradication of Violence Against Women, Convention of Belem do Para', last December.
According to Article 2b of the convention, "Violence against women shall be understood to include physical, sexual and psychological violence that occurs in the community and is perpetrated by any person, including, among others, rape, sexual abuse, torture, trafficking in persons, forced prostitution, kidnapping and sexual harassment in the workplace, as well as in educational institutions, health facilities or any other place."
Sexual harassment is any unwanted advances, which include physical contact such as touching, petting, pinching or punching.
But while Jamaica signed the convention in December, the Private Sector Organisation of Jamaica (PSOJ) and other organisations are not familiar with the document. However, several women's groups are aware and have welcomed the Govern-ment's decision to ratify the convention.
"It is a far-reaching Convention and it therefore, means that the Government will have to sensitise, educate and inform the public as to what this means," said Jacqueline Coke-Lloyd, executive director of the Jamaica Employers' Federation (JEF). "It (sexual harassment) is something that should not happen at all, regardless of gender," said Mrs. Coke-Lloyd. (But) "It is something that happens and we would certainly want to have it reduced."
Mrs. Coke Lloyd told The Sunday Gleaner that some people feel that they should not report sexual harassment but it is a serious issue and can affect productivity at work. "Because if one is harassed constantly, it is unlikely that the person would be performing at their true potential."
Article 7 of the Convention outlines the obligations of the state in protecting the rights of women.
"The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence," the Convention reads.
"And undertake to include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary."
Meanwhile, Faith Webster, acting director of the Bureau of Women's Affairs, said her organisation in collaboration with various Government ministries, and other stakeholders are in the process of developing a National policy on sexual harassment. She noted that the policy could be finalised by the end of this year.
Mrs. Webster was unable to say how widespread is the issue of sexual harassment in Jamaica, as there has been no scientific research or study done. However, she noted that over the years, there have been hundreds of complaints from women who have been affected.
"We have no problem with a policy on sexual harassment but we do not think that legislation is necessary at this time," said Mrs. Coke Lloyd.
Mrs. Coke Lloyd said her organisation will be sensitising its employers on the Convention.
"We will have to inform our members what it is that this Convention speaks to, and how it is that they need to prepare themselves in putting in sexual harassment policies so that they will be able to manage any issues that may arise at the workplace" she said.
Candis Hamilton, consultant with the Inter-American Commission on Human Rights, said if a woman whose rights have been violated has exhausted all local avenues, and is still dissatisfied with the outcome, she can lay her case before the Inter-American Commission on Human Rights
