Over 10 years ago, someone shared their personal experience of being sexually harassed and assaulted online, which sparked an overwhelming response from netizens who shared similar experiences. The phrase “#MeToo” in comments and retweets gradually became a movement to combat sexual assault and harassment. In recent years, this movement has spread across Asia, eventually reaching Macau.
Gender equality has long been a universal value, and although Macau’s society is not patriarchal, traditional values and attitudes towards gender equality, sexual education, and sexual harassment remain relatively conservative. Even in terms of formal education and the prevention and control of sexual harassment in the workplace, society is still in a relatively backward and conservative phase.
This more distant attitude towards such a sensitive issue does not mean that these behaviors do not exist. On the contrary, it is precisely due to the lack of open discussion and attention that crimes of indecent assault and sexual harassment continue to occur in the city.
Sexual harassment in the workplace is common, with amendments to the criminal law in 2017 limiting criminal behavior to physical contact, not including non-physical forms of sexual harassment such as words and messages, which are common. Victims are even required to bear expenses and face long legal proceedings, often fearing retaliation or job loss if they speak out.
Although the Labor Relations Law provides some protection against sexual harassment in the workplace, particularly through the obligation to “respect and treat with civility” in Articles 9 and 11, the language is so subtle and conservative that non-legal professionals may not recognize it in the text of the law, and its effectiveness in preventing and controlling harassment is not very clear from a practical perspective.
Looking at what is done in Mainland China, Hong Kong, and Taiwan, non-physical sexual harassment, through words and messages, has long been considered a crime. In particular, Taiwan has complementary laws and regulations regarding labor rights, such as reporting and complaint mechanisms, regulations for prevention and control in companies, and mechanisms for protection and mediation.
I have three main suggestions for the authorities. First, the government should keep pace with other countries by amending the criminal law to introduce the crime of non-physical sexual harassment and formulate relevant supporting legislation to prevent and eliminate sexual harassment in the workplace in a more multidimensional way.
Second, the education sector should strengthen and improve the existing formal sexual education, especially to enhance education on gender equality, bodily autonomy, and self-protection. In some cases, these crimes not only affect minors, but in some instances, the perpetrators are also minors.
Third, it is suggested that the government establish a special committee to better protect the rights and interests of women and children in a more professional and multidimensional manner.
Macau Alliance for Sustainability and Economy
