Kim Woods only

Topic: “workplace harassment: a case study on harassment against women at workplace in Uganda

Introduction

The term “sexual harassment” was first coined after more than four decades to define unwanted, hostile behaviours of harassment based on one’s sex. Sexual harassment in the workplace remains a severe, widespread, and disturbingly problem that is still unresolved. Even nearly half the workforce is comprised of women, the bitter reality is that nearly in every sector of the economy sexual harassment persists, from male-dominated to female-dominated organizations, and from low-wage and precarious jobs to professions that are high-wage. Currently, where women pass through the practical life and the world realms now can at last exercise the presence of law against sexual harassment at workplace, even then the vulnerability of females to this offensive issue has increased manifold. Primarily this is because women are entering in practical life more than ever in result women are largely a step ahead of males in their pursuit of workplace and education. The system of the workplace today in Uganda has developed as an outcome of the developing laws that have been established by Parliament which have supported and modernized the operation of the workplace. From the time of recruitment up to the time when the employer-employee relationship is abandoned or terminated, these laws have laid down clear guidelines governing employment stretching. Moreover, the aims of most of these laws are protecting the position as well as the status of the worker against any possible harassment that may develop out of this relationship. Nevertheless, the progress brought forward by these legislations, there has been a constant recurrence of certain abusive practices in the workplace that have frustrated and affected its progress and of interest to this study are the abusive acts of sexual harassment

Background of the study

The predominant social setup, the patriarchal system limits males to involvement in inhuman, unethical and immoral acts against women and provides them with the privilege to deliberately disprove the occurrence of these chauvinisms and prejudices that almost experienced by every woman at some point in their life. Particularly speaking about the harassment at the workplace, even if victims recognize that they are being harassed, they lack the confidence and resources to stand against diverse forms of sexual harassment occurrences they go through. In many conservative and male-dominated societies such as societies in third world countries like African country as Uganda, females tend to remain silent on the harassment they face because they fear that in the society their image will be ruined and that their own family members will discourage them from working in the organization. The issue of sexual harassment isn't something that just takes place because of transient circumstance or desire. It takes place in all sectors because of the imbalances in power. In all sectors of the economy, men hold far more positions of power. Even in the fields where females are dominated, men are more likely to be principals, supervisors, and managers. In all fields, racism adds another coating to systemic imbalances of power. To any professional working environment, employee safety and protection is considered paramount and thus in many company safety, health and security policies are incorporated with the objective of generating a free, peaceful and healthy environment of working for workers in Uganda. Sexual harassment is one of the leading and unresolved threat affecting the safety, security and development of employees in the conduct of their obligations of employment. Both at the national and international level, sexual harassment has been widely discussed and that is why it is considered a significant problem acknowledged in employment. As a practice sexual harassment is considered to be centuries old and no doubt that is, from the slave trade period in native America where slave women were being exposed to abusive sexual practices by their masters and overseers. Such abusive sexual practices were seen as a deep-rooted feature of chattel slavery suffered by African-American females without law protection. To women who worked in the domestic service that is households as well as those who managed to work in the manufacturing and clerical positions at this time, this practice was later extended and applied in the 19th century. During this time reasons for such acts were suggested by the Americans. They made responsible on women themselves for women’s sexual predicament; that as slaves and domestic servants both. Because they were promiscuous by nature they were judged responsible for their own predicament. Until the 1970s when feminist lawyers, Catherine Mackinnon, Lin Farley among others represented women in and out of court this led to public discussions of women’s vulnerability to coerced relations at work which continued. The practice of sexual harassment in America they were able to establish a strong movement against. The pressure and demands by these movements allow the American legal system to modify slowly and transformed its laws and for the first time in 1970, women’s right to work in a working environment that’s free from unwanted sexual practices was recognized. These legislations were later embraced and incorporated in other legal systems worldwide including Uganda.

Statement of the problem

In Uganda, to prevent sexual harassment both national and international legislation has been enforced. These legislations prohibit sexual harassment and these involved enacting specific laws against its practice, imposing duties as well as making liable the employers for any abusive act against workers, providing guidance to the employers to make design anti-sexual harassment policies and developing enforcement procedures against any harassment act claims by the victim. Even after such legal measures harassment is at its peak at workplaces creating hostile working environments especially for females. Furthermore, victims lack the necessary support and assistance required in case it is committed against them. Additionally, from both employers and employees, there has been insufficient compliance to the laws regulating sexual harassment in as far as concerned adherence. This has encouraged its practice as a result allowed many of its culprits to escape scot-free hence pushing most of its victims in denial. Current national laws on sexual harassment at workplaces are considered unreliable.

The objective of the study

To study the effectiveness of the laws established to eradicate and prohibit sexual harassment side by side investigate the amount of compliance to these legislations by employers and authorities of Uganda at large.

Specific objectives

1. Examine the nature of sexual harassment against women at the workplace.

2. Examine what factors influence sexual harassment against women.

3. Establish the influence of the laws on sexual harassment against women.

4. Assess the amount of compliance with the laws.

5. Contribute recommendations to the existing laws.

Research questions

1. What is the nature of sexual harassment against women at the workplace?

2. What factors influence sexual harassment against women?

3. What is the influence of the laws on sexual harassment against women?

4. What is the amount of compliance with the laws?

5. What recommendations can contribute to the existing laws?

Methodology

To collect data and information for this study the methods and procedure are through the Qualitative and Quantitative approach means mixed-method approach. For qualitative, to enable the researcher to engage the subjects/respondents of the research freely the study uses interviews. The selection of this approach is grounded on the fact that it is flexible, effective, efficient and easy to manage. In a very short time, interviews will help to collect a rich source of information and will also support understanding, explaining, and exploring the issue being examined without boundaries. To facilitate the collection of data the questions involved are also usually open-minded. For quantitative, to help to find independent the study seeks to invoke sampling as a survey mechanism, from the subjects/respondents of the research hard to find and hidden information.

Scope of the study

The emphasis of the study is on investigating the nature of sexual harassment against women and factors influencing the sexual harassment against women as well as determining the effectiveness of the legislation put in place against the practice of sexual harassment, and measuring the amount of compliance given to these laws and regulations by employers and authorities of Uganda at large.

Limitations of the study

The study is limited to sexual harassment at workplaces in Uganda.

Literature review

This portion of the study is aimed at reviewing the prevailing literature put forward by different scholars, journalists and writers on sexual harassment in workplace.

In employment sexual harassment is a widely discussed topic and many scholars agree that in workplaces it is one of the leading hazards encountered around the world. To the performance of work the impact created by sexual harassment is quite unforgiving as it has hostile effects that not only affect the victim physically but also disturbs the relationship of employer-employee. Until 2006, by the relevant legal authorities the issue of sexual harassment had never been given much attention but because of the increasing cases on the subject, to forge a law that would provide guidance on the matter structures were put in place. This was due to the effect that’s damaging and it caused humiliation to most victims in Uganda.

Muzaffar Syah in her journal, Sexual Harassment in the Workplace: An Overview over the International Law and Current Law and Practice in Malaysia, says that sexual harassment in the workplace pollutes the environment of the work and no doubt that it has devastating and disturbing effect upon the health, morale, confidence, and performance of those affected by it in the workplace. By sexual harassment in the workplace the anxiety and stress produced may lead to those subjected to it taking off time from work due to sickness, depression, tension and stress, being less efficient and active at work or leaving their work entirely to seek work elsewhere Dr. (Mallow, 2013). Dr. Muzaffar deespite her elaborate discussion on the subject, in her article fails to identify in cases way forward for the victim parties where acts of sexual harassment arise in their employment course. On how a matter related to the subject should be addressed in line with the existing laws moving forward this study will make proposals.

The notion of sexual harassment is quite devastating and the chances of successfully eroding it totally from practice are minimal current studies show that. Despite this, towards achieving solutions attempts and measures have still been laid and to identify the root cause behind this practice one of these has been trying. On Vicarious liability for sexual harassment according to an interesting study made by Arthurnatious Muzuva, says on the achievement and enjoyment of the right to equality of opportunity and treatment in the workplace the sexual workplace hazards that impinges, defeats the right of workers to work decently. She in dealing with this point in her study largely centers on the International Labor Organization Convention on Discrimination for the promotion of equality of opportunity and treatment in the workplace. Towards the elimination of discrimination through the ILO her discussion shows the important role played by equality. As constituting discrimination based on sex Sexual Harassment has been categorized that is contrary to Article 21 of the Uganda Constitution, 1995 which appeals for equality for all. While this study may subscribe to the findings of Mogapesi Tshepo, on the subject a wider analysis of laws shall be taken place with more emphasis on the legislative framework in Uganda and this shall also include gaps in existing the laws as well deliver recommendations moving forward. For a review of the international legislations consideration shall also be made related to the subject.

Catherine Mackinnon in her book, sexual harassment of working women, to mean the unwanted imposition of sexual requirements in the context of a relationship of unequal power provides a feminist definition to the term sexual harassment. According to her the problem is not the result of extreme sexual attraction of men to women, its sexual harassment rather; like rape, is “dominance eroticized”. The economic dominance men have over women in the workplace it is the sexual expression of that, corresponding to the dominance of sexual and economic factors men have in the home she believes. Here, she explains domination men enjoy in their domestic lives has also been extended to the workplace.

Mackinnon being categorized as a form of sexual discrimination she gives a pioneer study on sexual harassment and she says that sexual harassment against females that are working has been widely practiced and ignored systematically. By many authorities and has thus become a social institution it is considered trivial, or natural and inevitable. Since most have been forced to engage in sexual relations for survival within workplace and conclusion to this is that sexual harassment is sex discrimination and this conduct has categorized women as subjects of objectification and a legal cure must be offered for it. In her recommendations Mackinnon to eliminate not only sex discrimination but also most cases of the sexism from society calls upon legal and state authorities, in an admittedly strident manner she uses traditional theories and relies upon both sources of traditional and radical-feminist in attempts to understand the study.

Under every employment, to ensure the safety of their employee the employer is under a duty and to provide a safe working environment free of sexual harassment shall be under a duty. in their contract of employment the employee would in turn be expected to fulfill contractual obligations as detailed. On the subject some academic writers have attempted to justify the position that an employer under the tort of vicarious liability can be held liable for sexual harassment. In his study Arthurnatious Muzuva has been proposed this move, he says that sexual liability for sexual harassment can be directly imputed on the employer where the following elements are established; firstly, that there was an relationship of employer-employee; secondly a sexual harassment in this case was committed, and thirdly when the harassment was committed the employee was acting in the scope or course of employment. In this case the employee would have to prove that the employer or a fellow worker committed that act of harassment; the practice or omission was unlawful; the act or omission was liable, intentional or negligent, and the victim employee suffered harm; either mental or physical damage or injury; and the act or omission initiated that harm.

Ethical and Diversity consideration

It is very critical to ensuring that the research process is guided by ethical principles from selecting the research topic to carrying out objectives and analysis and reporting research findings, the integration of ethics into the entire research process beyond informed consent is a very sensitive job. To make sure the subjects are not harmed research involving human subjects must follow certain ethical standards. Social researches don’t have this potential for causing serious damage or death, but it still can result in other types of harm that’s why research must follow ethical and diversity standards.

Privacy and confidentiality are one of the most significant ethical guidelines in social subject research concerns. While doing research should protect the privacy and confidentiality of their subjects. As my study is very much relying on the experiences of women who suffer harassment while collecting my data during interviews and a survey the data will be coded anonymously, and in no way should it be possible for any answers to be connected with the respondent who gave them. In the research field, anonymity must also be sustained, and aliases mean fake names should be used normally when the researcher reports what he or she has been observing.

Consent is another ethical issue concerns. The subjects of the research must normally sign an informed consent form before a researcher can begin obtaining data. I am also doing it before interviewing the subjects I have sent them an online informed consent form. This form would be summarizing the aims and objectives of the study and the possible risks of being a subject. If a researcher is conducting a study on minors under age 18, the signature from a parent or legal guardian must be obtained normally. For most “real” research these days informed consent is a requirement, but ethical issues arise over the meaning of “consent.” potential research subjects must have the right to refuse to take part in a research project without any penalties for consent to have any real meaning, whatsoever. Otherwise, to participate in the project without really wanting to do so they may feel pressured. What “consent” is supposed to mean in the research process this result would violate. For taking part in a research project sometimes subjects are promised a small reward, but they are still they are free to refuse, and the objective of this small inducement is not to be undue pressure over subject to participate. When a researcher wants to include certain populations in a study informed consent becomes a particular problem.

Honesty and Integrity is one of the important ethical principles of the research while collecting data I am intended to present research in good conscience, and that this spreads over into research approaches, statistics, outcomes, and whether any of it that you have published up to that time. It is very important that the researcher shouldn’t construct data on his or her own, and infer irrationally from several of your findings, or do something that would be misleading for the readers. It is always better to understate than exaggerate your results. When working with others, one should always act genuinely and comply with any arrangements.

Objectivity, in any aspect of your research the researcher should aim to avoid bias, comprising research design, data analysis, analysis, and reviews of peers. I am not adding a peer reviewer of someone I know, and have performed work with, and I am trying to ensure that no individuals from the sample are inadvertently excluded from your research. This also means that I need to disclose any of my personal or financial interests that may affect my research study.

Another important ethical principle is carefulness; I am taking care to carry out my research to avoid careless mistakes that can affect the results of my study. I am also reviewing my work carefully and critically to ensure that the results of my study are credible. I am keeping full records of my research as this is a very essential step to do so. I am taking the time to do the research study very effectively and fully.

Respect for Intellectual Property is very important one should never plagiarize, or copy, the work of other individuals and try to pass it off as your own. While conducting my research I am trying to avoid using the work of other individuals and if one intended to use someone’s work he or she has to ask for permission before using other people’s tools or methods, unpublished data or results. Not doing so is plagiarism.

Another vital ethical point that I have considered while working on my research is openness, I am prepared to share my data and results, along with any tools that I have developed, as I am very clear with the thought that if I publish my findings, this will add on to knowledge further and advance the subject of social science. No doubt that one who is working on research should also be open to criticism and new ideas.

Human Subjects Protection is another key point of my ethical consideration as my study involves people and I have made sure them to reduce any possible harm to the minimum, and that the findings of this study would maximize the benefits both to participants and other people.

After ethical issues now talking about diversity issues, we know that diversity has its benefits, but there are some of the most common diversity challenges observed while conducting the research that includes diversity topics attract and retain women and minorities, they may have the opposite effect on other, nonminority employees. So it is very important to manage diversity effectively.

While implementing my study I am trying to consider the high level of ethical behaviour and confidentiality while study, the information collected from the subjects would be used for academic purposes only. The anonymity of the subjects was exhibited so that they could have the freedom to express themselves properly. More so, online informed consent was also obtained from all participants before including their information in the study. Confidentiality is kept as promised. The participant was informed properly about the aim, nature and purpose of the research and their right to participate or not to participate.

Recommendations

It is indicated that under the application of the law governing sexual harassment, it doesn’t clearly provide any clear way to define what exactly leads to sexual harassment at the workplace. To such claims, the absence of any limitation would motivate any employee to take proper advantage at the workplace of such gap in the law. The researcher encourages that through subsidiary legislation court and the parliament should introduce some limitations that must be exhausted by the party that is affected. It is proposed that these grounds encompass the following recommendations;

Through the effective publication of the laws governing the government of Uganda can also embark on raising awareness about sexual harassment because such publication would ensure that the laws being introduced are widely known among employers, employees, researchers and all others that are interested in this critical subject. The workshops and seminars organized with respect to combating sexual harassment at the workplace and should be funded by the government.

In enacting laws due to the lengthy and complex nature is involved, while at the workplace or a code of practice on sexual harassment the government of Uganda can make codes of conduct. In South Africa, a code of this nature was applied where on the handling of sexual harassment cases the government established the code of good practice. To eliminate sexual harassment in the workplace as well as to provide a suitable system to deal with the problem and prevent its recurrence was the objective of this code of good practice. This code also encourages the development of policies and measures that will account for the formation of workplaces that are free of sexual harassment, where employers and employees acknowledge and respect the integrity, dignity, privacy, and right to equity of each other in the workplace environment. Such codes of conduct lay the foundation on how policies should be drafted and implemented. By the Malaysian government in 1999, the code of practice on eradication of sexual harassment was pioneered and as the result of this; over 100 companies aligned their policies and developed mechanisms within this code.

To formulate sexual harassment policies employers should be encouraged which designate particular duties of everyone who would be involved in the workplace employment. Such policies should also prohibit sexual harassment particularly and maintain principles of equality of every kind such as opportunity, dignity and wellbeing of each member of the workforce. Furthermore, how redress can be attained upon the happening of such practice these policies should also make provision on this. The researcher submits to the progress and work of the employee that this action would be very valuable.

Through the recruitment of skilled persons in this field, employers are advised to establish guidance and counselling structures. To victims of sexual harassment, such measures would extend assistance and rehabilitation services.

Towards research in this area, the government should consider making an investment. To pursue the same it can also encourage other bodies for example non-government organizations, Community based organizations, labour unions and employing institutions like law firms. On sexual harassment, this measure will assist in reviewing the applicability of the existing laws and policies, with other jurisdictions drawing comparisons on how this act is curbed effectively. To the relatively available scant literature on sexual harassment findings from such research will offer a contribution.

From the reading of the existing laws and legislation that are combating sexual harassment at the workplace, one observation is very clear that is, the penalties awarded for this heinous act are not enough. Of the regulations, regulation 19 provides that a person who breaks these regulations will result in committing an offence and is liable for a fine not exceeding six currency points or imprisonment not more than three months or both. This provision too general as research finds that to all acts made contrary to the regulations including offences of sexual harassment the penalty prescribed applies and for the curbing of sexual harassment this is not an adequate move. Lack of strict laws would encourage the commission of this offence instead of controlling it. The researcher recommends that a legislative amendment should be introducing such punishments or sanctions that would be effective than the previous ones and should discourage any possible interests of engaging in such practice. This amendment should comprise preventive measures and remedies that is satisfactory compensation for any loss experienced by the victim because of such heinous treatment as well as convictions.

Government should consider introducing an Arbitration panel or tribunal board and agencies that are specialized in hearing matters related to sexual harassment and respectively combating this practice. In reducing case backlog on matters subject delays and encourage victims to come out and seek justice such specialized tribunals would help. On the other side, the role of the agencies would be to assist the complaint's filing, investigate them and where necessary forward matters to the tribunal. Such developments have result well in countries like Canada and South Africa. To engage in sexual harassment knowledge of such bodies would suppress any intention by any perpetrator.

Under the laws governing the workplace safety and health of employees every employer owes them a duty to ensure;

• Recruitment of competent and reliable staff;

• Ensuring that the tools of working are safe;

• Ensuring an environment safe for work.

Of interest here is the duty to recruit competent and reliable staff and ensuring an environment that is safe and decent for working. To fully examine their employees every employer should be encouraged and ensure that they are enough competent and reliable not to violate the guidelines mentioned and developed by the policies in as far as sexual harassment is concerned and such a duty would be concentrating towards employer’s employees that are already recruited. To create a free and independent environment free from any harassment all employers should also be encouraged their employees as this would benefit them with work productively as well.

Induction and training programs must also be initiated by employers which also comprise workshops and seminars on sexual harassment. Such events in a workplace sensitize all workers about the nature of sexual harassment and its effects and its measures, like what accounts for its cause and how it can be prevented. Employees will learn about the relevant laws and policies prescribing the practice through such seminars that and also get to know that how best they can attain redress in case it arises.

Finally, employers are advised through the recruitment of skilled persons in this field to establish guidance and counselling structures. To victims of sexual harassment, such measures would extend assistance and rehabilitation services. Examples can be drawn from the rape crisis centres in the United States of America that have been put in place for victims rehabilitation.

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