Regulation of sexual harassment at the workplace in Namibia
- Authors: Kayama, Ohms Moven
- Date: 2024-04
- Subjects: Workplace Sexual Harassments , Labour Law , Sex discrimination in employment
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64695 , 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. , Thesis (LLM) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Kayama, Ohms Moven
- Date: 2024-04
- Subjects: Workplace Sexual Harassments , Labour Law , Sex discrimination in employment
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64695 , 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. , Thesis (LLM) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
A phenomenological investigation of a female leader's perceptions and experience of discrimination in the work place
- Authors: Mabovula, Nonceba
- Date: 2003
- Subjects: Sex discrimination against women , Sex discrimination in employment , Women -- Employment , Sexual division of labor , Women -- Economic conditions , Sex role in the work environment , Leadership in women
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1699 , http://hdl.handle.net/10962/d1003582 , Sex discrimination against women , Sex discrimination in employment , Women -- Employment , Sexual division of labor , Women -- Economic conditions , Sex role in the work environment , Leadership in women
- Description: Women are now making their mark in virtually every economic sector including traditionally male strongholds of engineering, heavy transport, construction and manufacturing. Probably the most spectacular progress by women has been in the public sector. Many women now have voting rights, follow careers which demand that they work outside of the home, enjoy professional status equal to their male compatriots, occupy top leadership positions in their societies and, furthermore, fulfil their traditional roles of wife and mother. The present study is an attempt to explore a female eader’s perceptions and experience of discrimination in her place of work. The problem has been that although there have been significant changes in women’s increased representation in recent years, it is believed that women who succeed in obtaining top management posts still have to deal with unfair barriers. These need to be more carefully explored and understood. In this study I focus on one female leader’s perceptions and experiences of leadership in an institution of higher learning. The advantages and disadvantages of such a small case study are discussed later. A phenomenological approach was used for obtaining information pertaining to the phenomenon “female leadership”, because phenomenology does offer ways of understanding not offered by other research methodologies. It enables the researcher to enter the lived world of the researched, and understand events and perceptions from a fresh point of view. A semi-structured interview was used to allow the respondent freedom to elaborate on responses in whatever manner she wished. The results obtained indicate that women are in a life-world in which, apart from the general experiences shared with their male counterparts, they are also exposed to many other forms of discrimination. Some of these are subtle, and result from years of socialisation into perceived gender role expectations. I hope that what I have discovered may help to contribute to the small but growing body of literature that seeks to understand women leaders’ experiences, and perhaps in time play a role in enhancing their relative position in education and society at large.
- Full Text:
- Date Issued: 2003
- Authors: Mabovula, Nonceba
- Date: 2003
- Subjects: Sex discrimination against women , Sex discrimination in employment , Women -- Employment , Sexual division of labor , Women -- Economic conditions , Sex role in the work environment , Leadership in women
- Language: English
- Type: Thesis , Masters , MEd
- Identifier: vital:1699 , http://hdl.handle.net/10962/d1003582 , Sex discrimination against women , Sex discrimination in employment , Women -- Employment , Sexual division of labor , Women -- Economic conditions , Sex role in the work environment , Leadership in women
- Description: Women are now making their mark in virtually every economic sector including traditionally male strongholds of engineering, heavy transport, construction and manufacturing. Probably the most spectacular progress by women has been in the public sector. Many women now have voting rights, follow careers which demand that they work outside of the home, enjoy professional status equal to their male compatriots, occupy top leadership positions in their societies and, furthermore, fulfil their traditional roles of wife and mother. The present study is an attempt to explore a female eader’s perceptions and experience of discrimination in her place of work. The problem has been that although there have been significant changes in women’s increased representation in recent years, it is believed that women who succeed in obtaining top management posts still have to deal with unfair barriers. These need to be more carefully explored and understood. In this study I focus on one female leader’s perceptions and experiences of leadership in an institution of higher learning. The advantages and disadvantages of such a small case study are discussed later. A phenomenological approach was used for obtaining information pertaining to the phenomenon “female leadership”, because phenomenology does offer ways of understanding not offered by other research methodologies. It enables the researcher to enter the lived world of the researched, and understand events and perceptions from a fresh point of view. A semi-structured interview was used to allow the respondent freedom to elaborate on responses in whatever manner she wished. The results obtained indicate that women are in a life-world in which, apart from the general experiences shared with their male counterparts, they are also exposed to many other forms of discrimination. Some of these are subtle, and result from years of socialisation into perceived gender role expectations. I hope that what I have discovered may help to contribute to the small but growing body of literature that seeks to understand women leaders’ experiences, and perhaps in time play a role in enhancing their relative position in education and society at large.
- Full Text:
- Date Issued: 2003
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