Sexual Harassment Tribunal Provides Safe and Supportive Space for Victims

The Sexual Harassment Tribunal has brought about “a safe and supportive space where [victims of sexual harassment] can be heard, seen, respected and validated”, says Minister of Culture, Gender, Entertainment and Sport, Hon. Olivia Grange.

Speaking at the inaugural meeting of the Sexual Harassment Tribunal on April 15 at the Ministry in Kingston, the Minister thanked the 15-member Tribunal for accepting the call to serve, not just the Government of Jamaica but the people.

“You have taken the bold step to serve not just the process, but the principle of fairness,” she said.

The Tribunal, a requirement under the Act, is headed by Chairperson, Ferdinand Algernon Smith and includes Dr. Meric Dale Walker, Donald Roberts, Debby-Ann Brown-Salmon,  Karen Thompson-Wilson, Gennetta Richards-Smikle, Camille Lee, Kevel A. Campbell, Khadrea Sharree, Shaneek Rose Clacken, Junior A. Latibeaudiere, Clare Pamela Miller,  Rev. Devon Merrick Dick, Indera Persaud and Karen Campbell-Bascoe.

Under the Sexual Harassment Act, the Tribunal is empowered to hear and determine complaints of sexual harassment and to make appropriate awards.

The Act, which was approved in 2021, came into effect on July 3, 2023. It addresses concerns about sexual harassment that are employment-related, occur in institutions, or in the landlord and tenant relationship.

It also contains provisions for dealing with sexual harassment in the workplace, schools, correctional institutions, places of safety, nursing homes, medical and psychiatric facilities, among other places.

While noting that the work ahead will be demanding, Minister Grange said that the Tribunal must become known “not just for what it does but for how it does it – with clarity and compassion”.

“It will test your patience, your strength and your ability to balance law with empathy. But I know that each of you was chosen for a reason. And I trust that you will approach this responsibility with the sensitivity and the strength that it deserves,” she said.

Minister Grange said that sexual harassment is not just a workplace issue.

“It is a human rights issue and has a debilitating effect, as it has the power to erode trust, silence voices in private and public institutions as well as educational institutions and situations of accommodations,” she said, adding that it has impacted negatively the mental health of countless individuals.

Knowing that acts of sexual harassment cannot be ignored, she said the Ministry had taken the challenge years ago to advocate for the human rights of citizens.

“We stand resolute that every workplace should be free from any form of violence and harassment, especially sexual harassment,” she added.

The Minister also praised the Bureau of Gender Affairs (BGA) for the work being done to create awareness around the Act.

To date, she said more than 3,000 sensitisation and awareness-raising sessions have been held among several groups of workers and work teams in several entities, and approximately 50,000 persons have been reached.

The BGA has been assisting workplaces and institutions in developing and reviewing their Sexual Harassment Workplace Policies, so as to ensure compliance with the Act.

Principal Director of the BGA  within the Ministry of Culture, Gender, Entertainment and Sport, Sharon Coburn Robinson, told JIS News that a total of 81 workplace policies have been received from respective organisations for comments and feedback.

So far, she said that 77 policies have been reviewed, and noted that once the BGA completes its review, entities could host a launch or meeting to implement the policy. She added that if revisions are needed, then the entities usually engage their leadership and legal teams to make the necessary adjustments without having to resubmit the document to the BGA.

In addition to the policy review, the BGA is offering training in Sexual Harassment Investigation for Human Resource (HR) professionals. The professionals play a key role in ensuring that all internal mechanisms are exhausted before matters are escalated to the Tribunal.

Recently, the BGA hosted the second round of training in Sexual Harassment Investigative Techniques for HR Professionals from April 29-30, at the Holiday Haven Resort and Banquet Hall in Runaway Bay, St Ann.