Cabinet to Receive Recommendations for Sexual Harassment Tribunal Membership

Minister of Culture, Gender, Entertainment and Sport, Hon. Olivia Grange, will be seeking Cabinet’s approval for the proposed members of the Sexual Harassment Tribunal.

“I will be taking the recommendations that come out of our consultations to Cabinet on Monday for the approval of… persons to be appointed to the Tribunal, after which, once Cabinet approves, the members will be announced. These members have to sign fit and proper documents in order to serve on the Tribunal,” Ms. Grange said.

She made the announcement during a statement to the House of Representatives on Tuesday (July 18).

The Sexual Harassment Tribunal has jurisdiction for hearing complaints and resolving disputes related to the Sexual Harassment (Protection and Prevention) Act, 2021.

The recently passed Sexual Harassment (Protection and Prevention) Act addresses concerns about sexual harassment that are employment-related, occur within institutions, or arise within the confines of landlord-tenant relationships.

It also seeks to provide effective means of redress for victims, and outlines penalties to be meted out to perpetrators.

Ms. Grange said many persons do not report sexual harassment, simply because there is often no guidance or policy in place to direct them.

She noted that several persons are uninformed about how to report the problem or from whom to seek assistance.

“Many also say and do nothing about the harassment because they are aware of how the problem is popularly perceived and trivialised, especially in an environment where there is no moral or structured support to address complaints of sexual harassment,” Ms. Grange stated.

“Due to the lack of structure or workplace policy to address complaints of sexual harassment, individuals who make these complaints often find themselves being adversely treated. They may be overlooked for promotion, branded as troublemakers, transferred from their department or, in some cases, terminated,” she added.

The Sexual Harassment (Protection and Prevention) Act outlines that a 14-member Sexual Harassment Tribunal be established as an appropriate dispute-resolution mechanism for investigating sexual harassment allegations and administering penalties to offenders.

Ms. Grange indicated that the Act contemplates the provision of a specialised adjudicatory setting, similar to the Industrial Disputes Tribunal, that is accessible to persons alleging sexual harassment in these institutions and can ensure fair and expeditious settlement.

“The Act is very specific about the identification and selection of 14 members. Eligibility criteria to serve on the Tribunal must entail professional qualifications and extensive experience in roles such as attorneys-at-law for four members, mediators for four members and gender affairs, mental health, employer representation and labour relations for the remaining six members,” she outlined.

She stated that the Tribunal’s composition should also entail considerations of gender parity, where at least half of its members should be females.

“Members of the Tribunal who have a vested interest in any case should not take part in any deliberations or decisions associated with these matters. The establishment of the Sexual Harassment Tribunal will ensure that due process is afforded to victims of sexual harassment in a timelier manner than that which would be obtained through the traditional Court system,” Ms. Grange informed.

Additionally, sittings of the Tribunal will be facilitated by the Ministry of Culture Gender, Entertainment and Sport.

“The expeditious settlements that will be facilitated with the establishment of the Tribunal are anticipated to lead to increased reports where sexual harassment occurs. Currently, it is suggested that sexual harassment is under-reported, likely because perpetrators were unlikely to be penalised prior to the passage of the legislation,” the Minister said.

She noted that the consultation process is in keeping with the Government’s Consultation Code and has included the involvement of numerous stakeholders from various government ministries, departments and agencies; non-governmental organisations (NGOs) with specific focus on women’s empowerment; NGOs with specific focus on the empowerment of men; other NGOs, faith-based organisations, and community-based organisations; educational institutions; media; and concerned citizens.

Ms. Grange further informed that the Ministry contracted IR Plus Consultants for the period October 1, 2021 to March 31, 2022, to provide consulting services for the establishment of the Sexual Harassment Tribunal.

The major deliverable was the ‘Guidelines to Support the Operations of the Sexual Harassment Tribunal’, which was submitted in March 2022.

The proposed structure of the Tribunal will be addressed under several headings to include physical location of the body, appointment and conditions of service, staffing, remuneration, induction, and training.