Nancy: Anti-sexual harassment tribunal awards settlements in three cases to date

MIRI (Sept 19): The Tribunal for Anti-Sexual Harassment (TAGS) under the federal Ministry of Women, Family and Community Development has so far award settlements for three sexual harassment complaints involving female complainants and male respondents, said its minister Dato Sri Nancy Shukri.

She said one incident was reported in Negeri Sembilan while the other two were in Kuala Lumpur.

Based on the testimony and evidence presented by the parties, the TAGS panel has given two awards in favor of the complainant while one award was rejected, she added.

“The decision given is based on the level of proof of the complaint on the balance of probabilities.

“Of the three cases, two decisions were in favor of the complainant while the other case was rejected and the tribunal reached a decision based on the balance of probability,” she said.

She was speaking at a press conference after the launching of the Anti-Sexual Harassment Advocacy Outreach Programme in Bekenu today.

Also present were Sarawak Deputy Minister of Women, Childhood and Community Wellbeing Development, Datuk Rosey Yunus; and federal Deputy Health Minister Lukanisman Awang Sauni.

Nancy said that the three awards were issued within 60 days from the first date of the hearing in accordance with the provisions under section 19(1) of the Anti-Sexual Harassment Act 2022 (Act 840).

“The first case was a physical harassment in Negeri Sembilan. The respondent was ordered to make an apology to the complainant. In the second case, it was a visual harassment reported in Kuala Lumpur.

“The respondent was ordered to apologise and pay compensation of RM60,000 to the complainant.

“For the third case, it was verbal harassment reported in the Federal Territory of Kuala Lumpur.

“The complaint was rejected by the tribunal. Not all cases can be accepted based on the facts of the case,” she revealed.

She added that TAGS provides an alternative channel to the civil court, that is quick, easy and involves minimal cost.

She said cases can also be forwarded directly to the court as they involve criminal charges.

“But there may also be requests to be compensated. So, the complainant can go to both (court and TAGS) because the cases in TAGS are civil cases where they can apply for compensation. It’s up to the complainant,” she explained.

Though TAGS is not in Sarawak yet, Nancy said the tribunal can still come and hear cases in Sarawak.

“We can hear cases in Sarawak. For example, if in Miri, we can bring our officers to Miri. If the complainant cannot prove the case, then it is better to reject them.

“TAGS also has a role to advise them (complainants and respondents) so that they meet the criteria required by the law,” she said.

On that note, Nancy urged victims of sexual harassment not to be afraid to come forward and report to the TAGS counter in Putrajaya or contact Talian Kasih at 15999 for any questions.

Touching on response from men towards TAGS, she said so far, none has pursued cases through the tribunal.

“So far men have not come to us, but they do report their cases to our counselors at our counter.

“Previously, based on reports from the police, there were only a few dozen cases, but since we started this advocacy, there have been hundreds of cases.

“About 30 per cent of the existing cases are from men, but they did not pursue their cases through TAGS. However, they use TAGS as a channel for consultation,” she said.