By EUNICE CHIPANGULA
Efforts by countries like Malawi to put in place legal provisions against sexual harassment will not be in themselves a means to an end of such acts. The law itself will not end such acts but its popularisation, sensitization and enforcement. The law’s enforcement will just act as a fallback position for cases. People in Malawi need to know what sexual harassment is and this can be achieved through mounting massive civic education, with the youth being the targets. Attention needs to be made on the young ones on educating them on gender equality issues and what the law says so that they begin to see each other as equals and not sexual objects and later on begin to live the law as part of their new culture. Decision makers also need to be targeted if we are to inculcate in them that the issues they understand as being normal regarding men and women were socially constructed but need to be changed. It is in this context that a recommendation to introduce legal provisions in Malawi in the Gender Equality Act which is in the pipeline to define sexual harassment as a gender problem and criminally prohibit it has been applauded by women in Malawi.
One of the gender activists, Bertha Sefu says she is very happy with the recommendation since she believes it will bring sanity in the workplace and the society in general if there is proper enforcement.
“The proposal is welcome. However, putting in place mechanisms or legal provisions is one thing but enforcing it is another. If there is proper enforcement women would be much happier since if it is not there, it will do more harm than good to complainants socially, emotionally and psychologically”, Sefu said.
The Malawi society has been heavily affected with sexual harassment especially in the workplace which is somehow aggravated by culture and tradition, rendering it to be viewed as a normal or traditional thing not as a crime.
“I believe this law will bring sanity in the Malawi society if all the players dealing with enforcement understand the issue of sexual harassment and its effects on individuals and their future. This will in the end render the law effective and restore the dignity of women. If enforcement cannot be done properly then it will be equally as the same not to have the laws in place”, Sefu observed.
The enactment will therefore just be a just a step into the right direction. However, proper action through implementation and popularizing the law needs to follow.
Pastor Constance Nsapato of the Oasis of the Lord Church said women deserves to be treated with dignity if the nation is to prove that it is indeed God fearing. She however said laws were made for people because of sin and it is very important that efforts be undertaken for people get the message of the law the same way the message of salvation is put across. “The Church is one of the biggest players in these efforts because most people respect their churches. Talking to them about the law and applying issues of the badness of sexual harassment together with biblical principles will greatly help in changing our society”, she observed.
One may ask why this development being mostly applauded by women. Sexual harassment which falls within the realms of sexual discrimination as a manifestation of an imbalance in power relations and likely to occur in the workplace as well as on other fiduciary relation raises gender questions since it is mostly women who are subjected to it due to power imbalances between men and women.
There is a further proposal to allow civil claims on sexual harassment cases; to oblige employers of more than five people to develop mechanisms for dealing with sexual harassment and regulate compliance mechanisms on sexual harassment. The workplace has seen most of the violations when it comes to issues of promotions, access to resources and women enjoying rights which are enjoyed by men of the same job. This has greatly affected their development over the years and participation in decisions for the country.
The Gender related Law Reform Commission says research has established that the Malawi society still violates the dignity of women on the basis of their sex, marital status or gender in a number of forms.
“Despite the Malawi Constitution providing that the dignity of all persons shall be inviolable; there is serious violation of dignity in the country with a lot of acts that negatively affect the worthiness of a woman,” it observed.
The Commission said that the violations are in relation to sexual harassment, domestic violence, deprivation of property, censorship and classification entertainment and women in political dances.
“Dignity being a crosscutting issue, the negative acts affect women’s participation in development, lowers their self esteem to make informed decisions about their lives and in the end their well being is compromised,” the Commission said.
It is therefore important to inculcate a change of traditional or cultural views that negatively affect women. When carrying out such efforts, the media being one of the main language forming institutions that carries and perpetuates issues of gender inequality in our society needs to be sensitized too since findings have not spared the media as it has been found that it is grossly violating women’s dignity through its products.
“Certain programmes and songs aired on radios and television are degrading to women. The Communications Act which currently highlights the general obligation of broadcasters not to broadcast any material that is indecent, obscene or offensive to public morals needs to be reviewed for it to be specific in addressing negative portrayals of women. In addition, the Malawi Communications Regulatory Authority (MACRA) should enforce the regulations of the Communications Act to ensure that broadcast products affirm women, men and children rather than violating their dignity,” the Commission noted.
In relation to the print media, we count on the recently resurrected Media Council of Malawi that it will be firm in ensuring that newspapers abide by their professional ethics especially by desisting from publishing cartoons that depict women and ascribe them to activities that portray them as immoral objects for sexual pleasure.
It is however sad that despite the Censorship and Control of Entertainment Act being reviewed in 2001, it remains unenacted. This can act as a setback. In support of the Commissions observation on that its lack of enactment is retrogressive, government should look into its enactment and the incorporation into the Gender Equality Act a specific legal provision that will enshrine the protection of all persons dignity in the print media, prohibition of gender stereotyping and criminal deterrent and not punitive measures of violation of dignity in the print media. Massive civic education of gender issues, understanding of such issues and enforcement of genderrelated laws by all players will in the end ensure that people begin to live the law and in turn it will become part and parcel of their new culture
Showing posts with label gender news opinion. Show all posts
Showing posts with label gender news opinion. Show all posts
Wednesday, October 24, 2007
Monday, October 22, 2007
THE GENDER FACE OF LABOUR MIGRATION- URGENT NEED TO ENGENDER LABOUR MIGRATION POLICIES
By Eunice Chipangula
In view of globalization, migration is likely to increase in future, so too the need to come up with a comprehensive labour market information system and put in place policies to regulate or govern it. The International Labour Organisation (ILO) observes that with the increasing informality in the labour market, there is need for countries to have up to date data and put in place such policies as social protection to ensure the respect and promotion of rights of migrant workers. One such area that cannot be ignored when coming up with such information system and policies is the most vulnerable category of migrant workers that includes women, young workers and low income workers. These are either self-employed, in small and micro enterprises, in social/community services, transport, construction, agriculture, temporary, domestic and housework. Unfortunately the gender dimensions of migration have been largely ignored in Southern Africa. Judica Amir-Makhetha of the ILO office in Pretoria says gender issues need to be mainstreamed in the migration debate so that gender equality can be promoted through gender responsive policies.
“There is stereotyping and failure of accurate representation of migration issues pertaining to both men and women. The stereotypical face of migration in the SADC region is male (miners), the language used is male biased, there is lack of enough data for gender analysis and lack of understanding masculinity in the context of migrant work”, Ms Makhetha observed at the recent Labour administrators capacity building workshop on migration organized by ILO in Botswana.
Putting in place such policies will therefore ensure that the benefits of migration are maximized since such benefits will depend on the conditions of work and the protection of rights of these migrants.
According to the information from the UN population division, as of 2005, almost half of the 191million total migrants were women. The motivation behind their migration has been a search for better opportunities for decent work; famine, natural disasters; violent confli8ct or persecution; voluntary or forced migration including trafficking, international and internal displacement due to wars and conflict. Despite the effects migration has to both men and women, the extent of the effects on them is different. This is so because the gender element in this migration phenomenon is related to motivation to move, the migration processes itself, the condition migrants find on their arrival in the country of destination and that left behind in countries of origin. Research has confirmed that internationally, men are more mobile than women and it is women who are more often left behind; men’s migration is undertaken more independently than that by women who always think of who they have left behind; men’s migration is more often than not linked directly to access to employment; men move further and to a wider range of destinations and that women are disadvantaged by male out migration. In addition, migrant women have fewer employment opportunities than migrant men in destination labour markets; men migrate across a wide range of ages whereas female migrants tend to be young; and women maintain more enduring social and economic links between areas of origin and destination. Although statistics for the SADC region indicate that males predominate in cross border migration, the feminization trend of labour migration has seen a shift in reasons for women’s migration with more and more women becoming independent labour migrants. In 2001, it was established that more women in southern Africa migrated for the purpose of informal trading, shopping and visiting family and friends. They often see migration mainly as a strategy to allow them offer better living conditions to their families, whether in the country of origin or destination. In addition, the labour market is highly stratified by gender and provides very different in incentives and opportunities for labour migration by males and females. For instance, in the region, 99 percent of mine workers are male. There is no equivalent employment sector for women in which there is comparable ease for entry.
When it comes to discrimination, gender based norms and socio-cultural factors limit women’s economic opportunities, relegating women to low, semi-skilled and exploitable labour. This has been worsened with the transglobalisation of economies that has created a labour demand in low paying service sectors of developed economies. In addition, sex disaggregated labour markets continue to contribute to the increase of discriminative labour markets in countries of destination. This in the end leaves women migrants in unregulated sectors such as domestic work, farms and the sex industry. Women migrants are less likely to be awarded rights and possibilities for regular migrant status as compared to males since most legal channels of migration offer such opportunities to typically male dominated sectors. Again, as migrants, women get pushed into illegal channels or unprotected informal sector where exploitation and poor working conditions characterized with lack of information to protect themselves against offences and crimes is the order of the day. Worse still, migration policies and regulations for admission and entry currently in force advantage men than women.
It is in the context outlined that generally, women migrants are disadvantaged and more prone to abuse, exploitation than men and thereby heavily affected by the HIV and Aids pandemic. These issues must therefore be brought to the attention of policy makers in the region urgently to avoid aggravating social inequalities in the labour market.
The gender dimension of labour migration therefore needs to be fully explored to ensure adequate information and a comprehensive analysis on the ground. This will then inform the process of engendering migration policies and regulations so that gender responsive programmes in labour migration are undertaken.
In view of globalization, migration is likely to increase in future, so too the need to come up with a comprehensive labour market information system and put in place policies to regulate or govern it. The International Labour Organisation (ILO) observes that with the increasing informality in the labour market, there is need for countries to have up to date data and put in place such policies as social protection to ensure the respect and promotion of rights of migrant workers. One such area that cannot be ignored when coming up with such information system and policies is the most vulnerable category of migrant workers that includes women, young workers and low income workers. These are either self-employed, in small and micro enterprises, in social/community services, transport, construction, agriculture, temporary, domestic and housework. Unfortunately the gender dimensions of migration have been largely ignored in Southern Africa. Judica Amir-Makhetha of the ILO office in Pretoria says gender issues need to be mainstreamed in the migration debate so that gender equality can be promoted through gender responsive policies.
“There is stereotyping and failure of accurate representation of migration issues pertaining to both men and women. The stereotypical face of migration in the SADC region is male (miners), the language used is male biased, there is lack of enough data for gender analysis and lack of understanding masculinity in the context of migrant work”, Ms Makhetha observed at the recent Labour administrators capacity building workshop on migration organized by ILO in Botswana.
Putting in place such policies will therefore ensure that the benefits of migration are maximized since such benefits will depend on the conditions of work and the protection of rights of these migrants.
According to the information from the UN population division, as of 2005, almost half of the 191million total migrants were women. The motivation behind their migration has been a search for better opportunities for decent work; famine, natural disasters; violent confli8ct or persecution; voluntary or forced migration including trafficking, international and internal displacement due to wars and conflict. Despite the effects migration has to both men and women, the extent of the effects on them is different. This is so because the gender element in this migration phenomenon is related to motivation to move, the migration processes itself, the condition migrants find on their arrival in the country of destination and that left behind in countries of origin. Research has confirmed that internationally, men are more mobile than women and it is women who are more often left behind; men’s migration is undertaken more independently than that by women who always think of who they have left behind; men’s migration is more often than not linked directly to access to employment; men move further and to a wider range of destinations and that women are disadvantaged by male out migration. In addition, migrant women have fewer employment opportunities than migrant men in destination labour markets; men migrate across a wide range of ages whereas female migrants tend to be young; and women maintain more enduring social and economic links between areas of origin and destination. Although statistics for the SADC region indicate that males predominate in cross border migration, the feminization trend of labour migration has seen a shift in reasons for women’s migration with more and more women becoming independent labour migrants. In 2001, it was established that more women in southern Africa migrated for the purpose of informal trading, shopping and visiting family and friends. They often see migration mainly as a strategy to allow them offer better living conditions to their families, whether in the country of origin or destination. In addition, the labour market is highly stratified by gender and provides very different in incentives and opportunities for labour migration by males and females. For instance, in the region, 99 percent of mine workers are male. There is no equivalent employment sector for women in which there is comparable ease for entry.
When it comes to discrimination, gender based norms and socio-cultural factors limit women’s economic opportunities, relegating women to low, semi-skilled and exploitable labour. This has been worsened with the transglobalisation of economies that has created a labour demand in low paying service sectors of developed economies. In addition, sex disaggregated labour markets continue to contribute to the increase of discriminative labour markets in countries of destination. This in the end leaves women migrants in unregulated sectors such as domestic work, farms and the sex industry. Women migrants are less likely to be awarded rights and possibilities for regular migrant status as compared to males since most legal channels of migration offer such opportunities to typically male dominated sectors. Again, as migrants, women get pushed into illegal channels or unprotected informal sector where exploitation and poor working conditions characterized with lack of information to protect themselves against offences and crimes is the order of the day. Worse still, migration policies and regulations for admission and entry currently in force advantage men than women.
It is in the context outlined that generally, women migrants are disadvantaged and more prone to abuse, exploitation than men and thereby heavily affected by the HIV and Aids pandemic. These issues must therefore be brought to the attention of policy makers in the region urgently to avoid aggravating social inequalities in the labour market.
The gender dimension of labour migration therefore needs to be fully explored to ensure adequate information and a comprehensive analysis on the ground. This will then inform the process of engendering migration policies and regulations so that gender responsive programmes in labour migration are undertaken.
Wednesday, September 26, 2007
No excuse for abuse!
The struggle to get domestic violence legislation passed to help protect women and children is daunting. Only a handful of countries in the Southern African Development Community (SADC) have specific Domestic Violence Acts in place. These include Malawi, Mauritius, South Africa, Namibia and Seychelles.
The recently assented Prevention of Domestic Violence Act in Malawi has important aspects like orders for protection, occupancy and tenancy. It also gives powers to the police to enter homes and apprehend the culprits if there is domestic violence. It provides for payment of fines as high as K1 million ($7,500) and custodial sentences for culprits, depending on the gravity of the abuse.
Marital rape, psychological torture and economic abuse are also incorporated. This is commendable since it will also help protect the more vulnerable parties from HIV. It also provides for counseling for both perpetrators and victims in Malawi.
Like all gender-based violence, domestic abuse has physical, social and economic dimensions. Social pressures and lack of economic empowerment make it difficult for women to leave abusive relationships. Even within families, abuse is a secret.
When people are beating or killing each other in a home, nobody is supposed to interfere, no matter the consequences. If somebody tries to intervene, then it’s seen as trespassing!
Is this a joke or part of moral decay? One wonders where morality in Southern Africa is going, a region that at one time boasted of richness in and respect for tradition.
Many strange things are happening in our homes but we keep on behaving as if everything is normal. How did such a thing as violence in our homes become normal, something dismissed as ‘one of those things’?
With this attitude, are we not encouraging this kind of behaviour? As parents, we need to ask ourselves about the future of our children. What will their homes/families be like? Are we going to marry them off to abusive husbands/wives and pretend all will be well?
Domestic violence cases have been on the increase in the region with victims rendered helpless due to lack of proper legal mechanisms to address the problems. Should we just sit and watch as if nothing serious is happening, pretending all is well?
We should be extremely worried today as mothers and fathers for the future. We need to be proactive to promote family values and that marriage should not lose its value. Yes, that it should be enjoyable and harmonious.
It is in this context that we need to salute the steps taken by civil society, working in collaboration with governments, to address this issue by enacting prevention of domestic violence bills.
It is pleasing to note that the laws enacted to stop domestic violence in some countries give direction for legal redress if there is violence in homes. They protect everybody in the home regardless of sex or age. They are there as a deterrent and not a punishment.
What about other countries in the region who have not yet enacted this law? Do you condone these acts? Time has come for the region to take stock of itself and do something.
The next challenge for countries with legislation in place is implementation. Let’s learn from history and work on notable problems. So many cases have gone unreported due to ignorance, tradition and poverty, among other issues in our society.
We appeal to governments who haven’t yet enacted prevention of domestic violence laws to do so quickly and those that have to put their money where their mouth is. We are tired of hearing stories of defilement of three months old babies or parents marrying their own children! Your action today, peaceful homes tomorrow!!
The recently assented Prevention of Domestic Violence Act in Malawi has important aspects like orders for protection, occupancy and tenancy. It also gives powers to the police to enter homes and apprehend the culprits if there is domestic violence. It provides for payment of fines as high as K1 million ($7,500) and custodial sentences for culprits, depending on the gravity of the abuse.
Marital rape, psychological torture and economic abuse are also incorporated. This is commendable since it will also help protect the more vulnerable parties from HIV. It also provides for counseling for both perpetrators and victims in Malawi.
Like all gender-based violence, domestic abuse has physical, social and economic dimensions. Social pressures and lack of economic empowerment make it difficult for women to leave abusive relationships. Even within families, abuse is a secret.
When people are beating or killing each other in a home, nobody is supposed to interfere, no matter the consequences. If somebody tries to intervene, then it’s seen as trespassing!
Is this a joke or part of moral decay? One wonders where morality in Southern Africa is going, a region that at one time boasted of richness in and respect for tradition.
Many strange things are happening in our homes but we keep on behaving as if everything is normal. How did such a thing as violence in our homes become normal, something dismissed as ‘one of those things’?
With this attitude, are we not encouraging this kind of behaviour? As parents, we need to ask ourselves about the future of our children. What will their homes/families be like? Are we going to marry them off to abusive husbands/wives and pretend all will be well?
Domestic violence cases have been on the increase in the region with victims rendered helpless due to lack of proper legal mechanisms to address the problems. Should we just sit and watch as if nothing serious is happening, pretending all is well?
We should be extremely worried today as mothers and fathers for the future. We need to be proactive to promote family values and that marriage should not lose its value. Yes, that it should be enjoyable and harmonious.
It is in this context that we need to salute the steps taken by civil society, working in collaboration with governments, to address this issue by enacting prevention of domestic violence bills.
It is pleasing to note that the laws enacted to stop domestic violence in some countries give direction for legal redress if there is violence in homes. They protect everybody in the home regardless of sex or age. They are there as a deterrent and not a punishment.
What about other countries in the region who have not yet enacted this law? Do you condone these acts? Time has come for the region to take stock of itself and do something.
The next challenge for countries with legislation in place is implementation. Let’s learn from history and work on notable problems. So many cases have gone unreported due to ignorance, tradition and poverty, among other issues in our society.
We appeal to governments who haven’t yet enacted prevention of domestic violence laws to do so quickly and those that have to put their money where their mouth is. We are tired of hearing stories of defilement of three months old babies or parents marrying their own children! Your action today, peaceful homes tomorrow!!
Subscribe to:
Posts (Atom)
