Moves to formalise a sexual harassment policy through the Public Service Commission (PSC) in light of former sport and youth affairs minister Darryl Smith's issue has been described by senior counsel Avory Sinanan as a "knee-jerk reaction", but long in coming.
At a press conference on Friday, Attorney General Faris Al-Rawi said he was pushing to formalise a sexual harassment public policy through the PSC in light of sexual harassment allegations levied against Smith by Carrie-Ann Moreau who worked at the Ministry of Sport and Youth Affairs.
The AG's move came hours after head of watchdog group Fixin T&T Kirk Waithe called for the effective implementation of sexual harassment legislation by the Government.
A major finding of the report of a committee set up by Prime Minister Dr Keith Rowley to investigate the circumstances surrounding the dismissal and payment of $150,000 to Moreau after she alleged that she was sexually harassed by Smith showed a cover-up.
That report which Rowley described as unusable has since been dumped.
Al-Rawi said he was at the cusp of inviting a suitable person—a retired judge or senior counsel that has expertise to consider the very narrow issue of the allegation of sexual harassment.
Weighing in on the AG's announcement, Sinanan said on Saturday that the move was a welcomed one.
"I am glad to see that the AG is proactive in that respect. It's a step in the right direction."
Sinanan said while the decision may have taken longer than expected, it was better late than never.
"It might be a knee-jerk reaction, but the point about it is that the history of our politics has always been a knee-jerk reaction...after the fact. We are reactive rather than proactive."
Sinanan said while sexual harassment has been in the public domain for years, he hopes the matter gets on our statute books soon.
Womantra speaks out
Director of women's rights group Womantra, Stephanie Leitch said women's confidence in the mechanisms that currently exist for the reporting and actioning of sexual harassment complaints are already low and while the details of the Smith case are unsettling "it likely does not come as a surprise for most working women."
She said powerful men continue to be protected at the expense of women workers "and, so yes, it does not augur well for women's confidence that a former minister and holder of public office was not held accountable for such serious allegations of sexual impropriety."
Leitch said the fact that Moreau was made to sign a non-disclosure agreement when she first attempted to bring the matter before the Industrial Court speaks of the desire to keep the situation under wraps.
She said the public perception has already been shaped by the events and a belief that Smith would not be held accountable for his actions.
Leitch said in February of this year, the Ministry of Labour launched their National Workplace Policy on Sexual Harassment which signalled the matter as a priority.
"While the ministry has provided a useful framework, it is still largely up to companies to become compliant," Leitch said.
She said through this policy and the introduction of enforceable legislation, the Government can send a strong message that sexual harassment will not be tolerated "and is no longer a price women have to pay in order to earn a living."
The policy, launched in February, is designed to prevent, prohibit and address sexual harassment at all levels in the workplace.
Sexual harassment is any physical, verbal or non-verbal conduct of a sexual nature and other conduct affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient and has adverse affects on the working environment.
The issue in T&T lacks definitions or specific indicators
The ministry stated that currently, the law is silent on the issue in T&T which lacks definitions or specific indicators to determine what type of behaviour constitutes sexual harassment in the workplace.
T&T is a member state of the International Labour Organisation (ILO) which upholds labour and human rights laws.
This silence undermines efforts to prevent and treat with sexual harassment matters.
In proving clarity to an unclarified issue, the Government's goal is to take a zero-tolerance stance on any matter.
The website stated that from 2013 to 2018 the Equal Opportunity Commission received eight complaints of sexual harassment. 2017 recorded the highest number, with three complaints. There were no reports in 2014.
It also stated that from 2008 to 2018 there were 16 trade disputes involving sexual harassment.
Statistics showed 2016 to 2018 accounted for 11 trade disputes—68.75 per cent arising out of sexual harassment claims reported and a 37.5 per cent increase in such reports since 2015.
Such an increase may be underestimated since sexual harassment matters have been disguised as reports of dismissal, terminations and other workplace breaches.
"These findings highlight the urgency for improving existing services and creating the appropriate policy that effectively prohibits sexual harassment," the ministry stated.
The ministry stated that the 2017 National Women’s Health Survey for T&T, commissioned by Caribbean DEVTrends and the Inter-American Development Bank identified that 13 per cent of women experienced sexual harassment at work, on the job, in public transport and public spaces, with the highest prevalence of this type of harassment being in the form of electronic messages with sexual content (eight per cent) and being groped in a public space (seven per cent).
The survey also suggested, that in certain instances, as many as 84 per cent of sexual harassment experiences were unreported.
From 1995, the Industrial Court of T&T has adjudicated in matters involving sexual harassment and applied case law and other legislation to these matters to offer redress to a person so victimised.
Women most vulnerable to sexual harassment are young, financially dependent, single or divorced and those with a migrant status.