Sexual harassment law: Azalina opposes ministry sec-gen as 'moral enforcer'
PARLIAMENT | Azalina Othman Said (BN-Pengerang) objected the appointment of the Women, Families and Community Development secretary-general as the Special Anti-Sexual Harassment administrator under the Anti-Sexual Harassment Bill 2021.
She argued the proposed appointment risked having a single individual acting as a "moral enforcer" against sexual harassment and this could lead to legal challenge under administrative laws.
PARLIAMENT | Azalina Othman Said (BN-Pengerang) objected the appointment of the Women, Families and Community Development secretary-general as the Special Anti-Sexual Harassment administrator under the Anti-Sexual Harassment Bill 2021.
She argued the proposed appointment risked having a single individual acting as a "moral enforcer" against sexual harassment and this could lead to legal challenge under administrative laws.
"I have never seen in any part of the world where there exist the position of an administrator (against sexual harassment).
"This is unacceptable because how can there be one individual appointed as administrator?
"Why should the secretary-general be the moral police for sexual harassment? It's illogical," she stressed.
The appointment and functions of a Special Administrator for Anti-Sexual Harassment was detailed under Section 24 as well as Section 25(1) and Section 25(2) of the Anti-Sexual Harassment Bill, which is being debated for second reading today.
In supporting the bill, Azalina cited existing mechanisms under the Child Act 2001 that would see the proposed functions of a single administrator, including to promote prevention and awareness programmes, carried out by a committee.
"It would be better, more appropriate and just for such matters to be referred to a committee," she said.
Azalina also agreed with Segambut MP Hannah Yeoh's suggestion that committee members comprise individuals from various ethnic backgrounds, ensuring decisions made take into account issues, including different definitions of factors contributing to sexual harassment.
"That is why I feel that powers of the minister (under Section 25 and Section 25) can be expanded," she added.
Azalina said a minister could be made accountable in the Dewan Rakyat unlike the ministry's secretary-general.
Yeoh and other lawmakers had touched on the administrator's role and stressed the importance of non-discrimination based on the clothes worn or appearances of sexual harassment victims.
In her speech, Azalina also noted that current provisions would see the setting up of an Anti-Sexual Harassment tribunal for civil settlements but no such bodies would be formed at the state or division levels unlike existing consumers or house buyers tribunals.
She pointed out that the current proposal could pose a challenge to victims unable to access the tribunal, including individuals suffering from health or mental issues.
