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Shoura draft law for combating harassment
Saudi Gazette report
Published in The Saudi Gazette on 07 - 10 - 2008

The Shoura Council is to discuss the draft law for “Combating Harassment at Workplaces in the Private Sector” with Ministry of Labor officials. The draft law has been prepared after Shoura members and a volunteer legal office studied harassment regulations in the US, Europe and other Islamic countries to define deterrence laws suitable for the Kingdom, Al-Madina Arabia daily said.
The Council will also set up a committee with government bodies to study harassment in the field, visiting hospitals and companies with female sections, such as advertising and publicity companies.
The draft law includes six detailed articles starting with the depiction of harassment as a crime, describing it as an act violating dignity, and defining it as “unwanted advances made to a female including touching, verbal remarks, telephone calls and acts of courtesy with malicious intentions.” These acts are punishable by imprisonment of between six months and a year, and a fine of between SR20,000 and SR50,000.
The second article includes a definition for harassment in the workplace by someone in a superior position, which is the most widespread form of harassment and also the least reported due to the victim's fear of causing a scandal or losing her job. The punishment for this is imprisonment for a period of between one year and three years and a fine of not less than SR50,000. The punishment is doubled if the act is repeated. The article includes examples of harassment from superiors, including ogling at a female, lewd jokes or remarks, unsolicited invitations to meals or drinks, or offers to drive her home. It also includes asking a female employee to work unnecessary overtime.
The third and fourth articles state the requirement to ensure that the work environment is free from harassment and to promote awareness of the serious nature of harassment and its violation of religious, moral and regulatory codes. The fifth and sixth articles outline punishments, requirements for evidence, plus the defendant's right to defense, all of which will be dealt with in accordance with the Shariah (Islamic code).
Dr. Mazen Balilah, a member of the Council active in preparing the draft law, told Al-Madina that the study of other countries' regulations was conducted with Ahmad Zaki Yamani Office for Legal Practice and Consultations, adding that the regulations were deterrents and guaranteed the rights of all parties, defining sexual harassment in order to educate people about ties between genders at work.
“Ministry of Labor statistics are scarce and do not point to the existence of a harassment problem in our society, but many victims do not speak out for fear of causing a scandal or losing their jobs. With the endorsement of this law, victims will speak out and those guilty of harassment will have their activities curtailed.”
Balilah said a committee will be formed during the Council session in which the draft law will be discussed. __


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