Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace Volume V of V — Annexes FIRST EDITION, DECEMBER 2019 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON FEMALE GENITAL MUTILATION 1 Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace Volume V of V FIRST EDITION, DECEMBER 2019 The World Bank Group COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE © 2019 The World Bank Group 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org/ Some rights reserved This work is a product of the staff of The World Bank. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Attribution Please cite the work as follows: “World Bank. Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace, December 2019, World Bank.” All queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202- 522-2625; e-mail: pubrights@worldbank.org. Cover Photo: © 2019 Mariana Kaipper Ceratti/ World Bank The Compendium is a working document intended as a reference tool for anyone interested in the topic of Sexual Harassment in the Workplace (development practitioners, lawyers, community leaders, academics, researchers, students, etc.). It does not constitute an exhaustive treatment of the legal framework on Sexual Harassment in the Workplace and may be updated from time to time. ii COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE ACKNOWLEDGEMENTS ......................................................................................................................................... IV FOREWORD .......................................................................................................................................................... VI INTRODUCTION, DISCLAIMER AND LIMITATIONS ................................................................................................VII ANNEX I: LEGISLATION FROM GABON ................................................................................................................... 1 ANNEX II: LEGISLATION FROM NEPAL .................................................................................................................... 4 Volume V of V This compendium on Sexual Harassment in the Workplace is divided in V volumes. Each volume should be observed as a part of the whole. iii COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE ACKNOWLEDGEMENTS The idea of the Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace came out of discussions held during several international seminars during the Law, Justice and Development Weeks promoted by the Legal Vice Presidency of the World Bank and by the Global Forum on Law, Justice and Development. We wish to thank the following individuals for their outstanding contribution, research, assistance and guidance on this project: Authors: Aarushi Sinha Luiza Lacerda Bogado Alexandra Leão Maya Goldstein-Bolocan Annabelle Vinois Natália Mazoni Silva Martins Duygu Cicek New Doe Kaledzi Edith Ruguru Mwenda Pierre Mury Eklavya Vasudev Paula Tavares Fatima Sanokho Renske Hoekstra Gamila Kassem Saba Nabeel Gheshan Gloria Kuoh Samila Dutra Isabel Micaela Santagostino Recavarren Sara Guerreiro Isabela Franco Emerick Albergaria Sheela Reddi Isabella Micali Drossos Souad Adnane Laura Basse Viktoria Khaitina Luciana Ribeiro Lepri Wendy Johanna Melisi iv COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE Editors: Maya Goldstein-Bolocan, Legal Consultant, World Bank Alexandra Leão, Legal Consultant, World Bank Group Book Cover Design: Dolie Schein, Knowledge Management Officer, World Bank Peer Reviewers: Alberto Rivera-Fournier, Chief Ethics Officer at the Inter-American Development Bank Helen Rubenstein, Senior Counsel at Global Rights for Women. Ligia Maura Costa, Full Professor at Fundacao Getulio Vargas – Escola de Administracao de Empresas de São Paulo (FGV-EAESP), Director of the Fundacao Getulio Vargas Ethics Research Center, São Paulo, Brazil Very special thanks for their guidance and support: Sandie Okoro, Senior Vice President and General Counsel, World Bank Irina Kichigina, Deputy General Counsel, World Bank Alessandra Iorio, Associate General Counsel, World Bank Amir Shaikh, Adviser to the Senior Vice President and General Counsel, World Bank Francesca Daverio, Special Assistant to the General Counsel, Word Bank Anne-Marie Burns, Anti-Harassment Coordinator, World Bank Alexandra Leão, Legal Consultant, World Bank Diana Arango, Gender Specialist, Gender, World Bank Dolie Schein, Knowledge Management Officer, Legal Vice Presidency, World Bank Gabriela Moreira, Team Assistant, World Bank Georgina Wiese, Senior Program Assistant, Legal Vice Presidency, World Bank Luciano Wuerzius, Senior Procurement Specialist, World Bank Mariana Kaipper Ceratti, Online Communications Associate, World Bank Nicolas Drossos, Public Finance, World Bank Management Expert Srdjan Popovic, International Consultant v COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE FOREWORD Millions of women around the world continue to experience violence solely because of their gender. Gender-based violence is a pandemic that is often intractable, and it knows no boundaries. The United Nations Declaration on the Elimination of Violence Against Women states that “violence against women is a manifestation of historically unequal power relations between men and women” and that it is “one of the most crucial social mechanisms by which women are forced into a subordinate position compared with men”. This violence comes in many forms and includes domestic violence, child marriage, sexual violence during conflict, and sexual harassment among others. Sexual harassment in the workplace is one of the most critical challenges facing the global community. Women constitute half the world population, and the benefits of including women in the workforce are countless. They are, without a doubt, an important asset to supporting the growth of every household, every community, and every country. Women’s active participation in the economy, therefore, helps reduce poverty and promote higher GDP levels. As women join the labor force, the importance of ensuring a safe work environment cannot be emphasized enough. Unsafe workplaces affect women’s labor market outcomes, and as importantly, the cost of sexual harassment is perceived by the victims as well as by businesses. Introducing strong legislation that tackles sexual harassment─ particularly in the workplace ─is critical to providing an early layer of safety and protection for women. The following Compendium of International and National Legal Frameworks on Sexual Harassment in the Workplace provides a collection of international instruments that address the issue, and national legislations adopted to prevent and prosecute sexual harassment in the workplace. This is a practical online legal tool to inform and empower those seeking to put an end to sexual harassment in the workplace. I hope this responds to the needs of all persons and professionals interested in this subject as well as those who work with and support women affected by sexual harassment at the work place or at risk. Sandie Okoro Senior Vice President and General Counsel World Bank Group vi COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE INTRODUCTION, DISCLAIMER AND LIMITATIONS Sexual Harassment in the Workplace (SHWP) is a universal and widespread phenomenon that affects millions of women of all social strata worldwide. It is an endemic issue that has gained increased visibility and attention since the beginning of the “#MeToo” movement. In this Compendium on International and National Legal Frameworks on Sexual Harassment in the Workplace (the “Compendium”), SHWP is understood as a gender-specific form of violence, commonly directed against women and occurring in employment or the workplace. It includes requests for sexual favors, unwelcome sexual advances or other sexual conduct, whether physical or verbal, which involves a “quid pro quo” aspect (e.g. request for sexual favors used to make employment decisions) and/or creates an intimidating, hostile, toxic, humiliating or offensive working environment1. As one of the pervasive expressions of gender-based violence, it reflects discriminatory social norms, stereotypes, impunity and gender inequality. SHWP is viewed as a development challenge and has high economic and social costs. Despite its serious implications for women, employers and society at large, the behavior is widely accepted and minimized. For survivors, who are overwhelmingly women, it can cause or justify physical and mental health problems, career interruptions, lost productivity, lost or reduced professional advancement and opportunities, lower earnings and work performance, limited employment options, abandonment of careers, forced job changes, unemployment, and persistent gender wage differences. SHWP also interacts with other types of discrimination related to ethnicity, sexual orientation, age and disability and can be viewed as a form of employment discrimination. For employers, the impact of SHWP includes security issues, absenteeism, high turnover, negative effects on staff morale and productivity due to intimidating, toxic, hostile, humiliating or offensive work conditions or due to the lack of a diverse and inclusive workforce. SHWP may also result in substantial legal costs for employers. The Compendium provides a survey of the key international and regional instruments as well as national legislation as they relate to SHWP2. A number of countries have adopted legislation on SHWP protecting women specifically while others have not defined the gender of the victim or survivor. The Compendium is a working document intended to be a reference tool for anyone interested in the topic of SHWP, such as survivors, advocates, development practitioners, lawyers, policy makers, academics, labor unions or staff representatives, among others. It does not constitute an exhaustive treatment of the legal framework on SHWP and may be updated from time to time. The Compendium consists of topical chapters with jump links to source documents, such as United Nations instruments, regional treaties, and national legislations. It is based on information 1 Behaviors amounting to sexual harassment may include, but are not limited to, touching, hugging, kissing, sexual assault, sexual or “dirty” jokes, comments on physical attributes, distributing sexually explicit material. Unwanted sexual statements can be made in person, in writing, or electronically. Sexual harassment may be committed by an employer/superior, a co-worker or a client. 2 Relevant provisions may be found in criminal, civil, labor codes, anti-discrimination legislation and/or laws to protect from gender- based violence. In some cases, general provisions on sexual harassment have also been included. vii COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE available online, offline or both, and relies on research conducted, verified and updated as of November 20193. The hyperlinked references are not under the control of the World Bank, nor is the World Bank responsible for the accuracy of the content provided through these references. The content of the Compendium does not necessarily reflect the views of the World Bank, its Board of Executive Directors, or the governments they represent. Furthermore, the World Bank does not guarantee the accuracy of the data included in this work. The research on country-level SHWP legislation builds on the Women Business and the Law database4 and includes additional legislation found during the course and time-frame for compiling the research. The Compendium is limited to countries that have adopted specific laws or provisions addressing SHWP and includes legislation from almost 150 countries; as such, the absence of a country’s name may be due to the fact that no SHWP legislation has yet been enacted or that no information was available online5. Ending all forms of gender-based violence, including SHWP, is a critical development objective and comprehensive legislation addressing SHWP is a key first step towards ensuring prevention and protection. It is also a sine qua non condition for any effective strategy to address the problem. Nonetheless, many countries worldwide have yet to adopt laws against SHWP, while many others have adopted legislation that fails to comprehensively offer protection for the different types of survivors and against the different forms of abuse. We hope the Compendium will contribute to this urgent and important debate. Isabella Micali Drossos Maya Goldstein-Bolocan Paula Tavares World Bank Group 3 Because it was developed primarily based on information publicly available online, the Compendium includes references to more than several hundred URLs and links to available treaties, laws and electronically published documents. All referenced URLs and links were verified and active at the time they were inserted. There is no guarantee as to their future accessibility nor as to the continued accuracy of the information contained therein after the last date on which they were last accessed and verified. 4 See more at http://wbl.worldbank.org/en/data/exploretopics/protecting-women-from-violence. 5 When legislative information was not available online but was found by the team of authors, these have been attached as annexes to the Compendium. viii COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE VOLUME V Annex I: Legislation From Gabon 1 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 2 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 3 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE Annex II: Legislation From Nepal 4 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 5 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 6 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 7 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 8 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 9 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 10 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 11 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 12 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 13 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 14 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 15 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 16 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 17 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 18 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 19 COMPENDIUM OF INTERNATIONAL AND NATIONAL LEGAL FRAMEWORKS ON SEXUAL HARASSMENT IN THE WORKPLACE 20 1818 H St. NW Washington, DC 20433