HEC stance: Senate misled on fate of workplace harassment bill

Senator Babar withdrew amendment on assurance of National Commission on the Status of Women chief

ISLAMABAD:

The upper house of parliament has been misled on the fate of an important piece of legislation — harassment at the workplace — after it emerged that the Higher Education Commission has not developed any policy guidelines on the subject.

“HEC has never developed any such policy guidelines,” said its spokesperson Ayesha Ikram. She said that she had also checked this with the relevant section of the commission. We are not aware of any such report and its contents which were shared with the committee and subsequently presented to the upper house. “Universities are independent bodies,” she added.

A parliamentary panel recently presented a report upon which lawmaker Senator Farhatullah Babar withdrew the bill he had drafted suggesting amendments in the Women at Workplace Act 2010. The report assures that the Higher Education Commission (HEC) has developed a policy on this subject.

Lawmakers were informed that students are also covered in the definition of harassment as per the new guidelines issued by the HEC.

The Senate Standing Committee on Law and Justice deliberated extensively on Senator Babar’s bill in its meetings held on 13th February 2014, 11th November 2014, 20th January and 12th June this year.

Senator Babar told The Express Tribune that he has withdrawn his bill after getting an assurance from the head of the National Commission on the Status of Women Khawar Mumtaz. “She has also shown us the draft of the ‘HEC’s policy guidelines’”. The responsibility does not lie on my shoulders now,” he added.

Mumtaz said the HEC’s sexual harassment policy was developed after 2010. The policy is very comprehensive and defines the teachers and students’ relations as well. She also recalled that universities’ representatives had told her that they were already following such a policy.

Senator Babar proposed an amendment in the existing legislation intended to remove the anomaly so as to make the act also applicable in educational institutions.

The parliamentary panel held extensive discussions and invited various stakeholders in order to develop a broad-based consensus. This included Khawar Mumtaz, Chairperson NCSW, retired Justice Yasmeen Abbasey, Federal Ombudsman for Protection against Harassment of Women at Workplace, Human Rights Commission of Pakistan and others.

On June 12, Khawar Mumtaz apprised the parliamentary panel that three consultations with stakeholders had been held for amendments instantly proposed.  This resulted in the conclusion that the law might not cover ‘students’. However, there are other laws for the purpose especially Section-509 of the Pakistan Penal Code (PPC).

She apprised that 15 major universities were also made part of the consultations. It was informed that the HEC has developed a ‘Harassment Policy’ for educational institutions, which is being implemented in major universities and institutions.

She requested the committee that the Harassment of Women at Work Place Act, 2010, is in the juvenile stage. While it is providing remedies for issues being faced by women at the workplace, the law should appropriately be given some time to take its own course.

She stated that the instant law does not need any amendment right now. In view of the statement given by the Chairperson NCSW, Senator Farhatullah Babar stated that he did not intend to press the instant amendment further. He has requested that the bill may be treated as withdrawn.

Published in The Express Tribune, September 6^th, 2015.