Sexual Harassment Bill Passed in The Senate

Long-awaited legislation aimed at tackling sexual harassment in Jamaica, has now been approved by both Houses of Parliament.

Following extensive debate on Friday (October 1), the Sexual Harassment (Protection and Prevention) Act, 2021, was passed in the Senate, after being approved in the Lower House in July with 10 amendments.

Endorsed by both Government and Opposition Senators with an additional 13 amendments, the legislation addresses concerns about sexual harassment which are employment-related, occurring in institutions, or arising in the landlord and tenant relationship.

The Bill 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.

In closing the debate on the Bill, Leader of Government Business in the Upper House, Senator the Hon. Kamina Johnson Smith, said it represents “a significant milestone in our very long history to provide protection to victims of sexual harassment”.

Mrs. Johnson Smith, who is also Minister of Foreign Affairs and Foreign Trade, noted that while it is celebrated that the Bill is gender neutral, “the reality is that sexual harassment is primarily experienced by women, and therefore, this Bill is likely to serve the role of providing greater protection to them, but it provides protection across the board”.

“This is a truly positive day for Jamaica and our development of an equitable society, a balanced society where we don’t normalise the stress, the depression, the anxiety, the negative impact that sexual harassment has had and does continue to have on victims,” she said.

She further reiterated that the Bill does not intend to remove flirtation, or prevent the starting of relationships and so on, “it just really requires people to respect the concept that someone might not want your advance.”

A sexual advance includes any form of conduct or behaviour that could be a demand or request for sex or favours of a sexual nature; the making of sexual suggestions, remarks or innuendos; the showing of pornography or display of images or objects of a sexual nature and any other physical gesture, verbal/nonverbal or visual conduct of a sexual nature.

Additionally, sexual harassment is not just an unwelcome sexual advance. It also means the making of any sexual advance towards a person by another person which is regarded as offensive or humiliating by the person towards whom it is made; or which has the effect of interfering with the work performance of the person to whom the advance is made; or creating an intimidating offensive or hostile working environment.

Senator Johnson Smith stressed that in tackling sexual harassment, a cultural shift is needed and public education sensitisation undertaken within organisations.

“We do need broad thinking about this because it is about behavioural change and it will take time; but this Bill is undoubtedly a critical step in giving the impetus to that change,” she said.

Senator Johnson Smith thanked all who contributed to the debate and played a vital role in the development of the legislation.

“Certainly, due respect and regard has been placed at the feet of (former Prime Minister) the Most Hon. Portia Simpson Miller as well as the (Minister of Culture, Gender, Entertainment and Sport) Hon. Olivia Grange who have both played an important role in the development of the law (and) in leading the process which has been so critical,” she said.

She also thanked the members of the technical team for their invaluable input over many years.

“Dealing with an area of such sensitivity and such controversies at times, is not an easy thing when you are trying to get it right and I really just want to thank them for their dedication to the process. There is no way we could make laws for the good governance and peace of Jamaica without their keen minds and strong commitment to service,” she said.