- Title
- Regulation of sexual harassment at the workplace in Namibia
- Creator
- Kayama, Ohms Moven
- Subject
- Workplace Sexual Harassments
- Subject
- Labour Law
- Subject
- Sex discrimination in employment
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/64695
- Identifier
- vital:73862
- Description
- Many Namibians are driven by the need for income and economic sustainability, pushing them to seek employment and make a living for themselves. However, what appears to be just participating in economic activities can be a risky and traumatic experience for some workers. For years, many have had to balance their job responsibilities while enduring discrimination, bullying, violence, and harassment in the workplace. Sexual harassment has been a major problem in the workplace, with women being the primary targets and victims. Studies have shown that gender inequality is one of the leading causes of sexual harassment in the workplace. Within the above context, this treatise aimed at answering to what extent Namibia's legislative framework regulates sexual harassment in the workplace. Namibia's legal framework was tested against the global instruments to answer the question. It was found that Namibia's legislative framework does regulate sexual harassment. However, some several gaps were identified. First, there is ambiguity and scope of legal definitions as the current definition of sexual harassment in section 5(7)(b) of the LA is not comprehensive enough. It fails to explicitly include both "quid pro quo" and "hostile environment" sexual harassment. This ambiguity could hinder victims' ability to seek justice and the legal system to prosecute offenders effectively. Second, there is an inefficacy of reporting structures, which is a significant barrier. Victims often face unclear and inefficient procedures, contributing to underreporting and unresolved cases. Developing straightforward, accessible, and efficient reporting mechanisms is crucial. Third, the absence of comprehensive workplace policies against sexual harassment exacerbates the issue. While developing a Code of Good Practice is positive, its implementation status and effectiveness remain uncertain. Another gap relates to the protection for whistleblowers and victims, as a lack of adequate legal protection for whistleblowers and witnesses discourages reporting. Strengthening legal protections can empower more individuals to come forward. The gaps identified were developed while comparing Namibia’s legislative framework to South Africa to determine whether lessons can be learned as it was found that lessons could be learned. Further recommendations is that Namibia should establish a single OHS legislation to address workplace sexual harassment by standardising policies and procedures across various industries, improving reporting standards to measure the occurrence of sexual harassment incidents, and developing a Code of Good Practice regulating sexual harassment. Lastly, it is acknowledged that Namibia's ratification of the Violence and Harassment Convention, 2019 (No. 190) is a welcomed development and shows a positive commitment in its intention to curb sexual violence in the workplace.
- Description
- Thesis (LLM) -- Faculty of Law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (78 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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Collections
NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Kayama, OM April 2024.pdf | 582 KB | Adobe Acrobat PDF | View Details Download |