Amendment proposing stricter measures for sexual misconduct cases in uniformed services

The government has submitted crucial amendments to the Prevention of Abuse and Harassment Act, with the objective of strengthening measures to address and prevent such misconduct within the workplace.

The government-backed bill is sponsored by Kelaa constituency MP Abdullah Shareef.

Under the proposed amendments, the procedures governing workplace committees tasked with investigating cases of sexual harassment and abuse have been further elaborated. The changes require that cases submitted to these committees be resolved within 60 days, with an extension of up to 30 additional days permitted where necessary. Moreover, any disciplinary measures determined must be communicated within five days following the conclusion of the investigation.

The amendment empowers committees to suspend the accused individual, with pay, for the duration of the investigation. In terms of composition, the amendment replaces the existing fixed requirement of three members with a minimum of three members, stipulating that the total number must be odd. It further mandates gender representation, requiring the inclusion of members of both genders on the committee.

Additionally, whereas employers were previously obligated to report the constitution of such committees to the Employment Tribunal, the amendment transfers this responsibility to the Human Rights Commission of the Maldives (HRCM), thereby expanding oversight of employers’ compliance with legal requirements.

The amendment also specifically addresses cases involving employees within uniformed services. Recognizing that such individuals occupy positions of public trust and authority, the legislation underscores that investigations into their conduct must adhere to the highest standards. It further provides that cases involving such individuals are to be submitted directly to the Civil Court.

This amendment is introduced as a provision to Article 28 of the Act, which distinguishes the categories of cases that fall outside the jurisdiction of the Employment Tribunal. At present, this article only specifies the timeframe for lodging sexual harassment complaints, namely within one year of the incident.

According to the government, the principal aim of these amendments is to protect the rights of victims of workplace sexual harassment, enhance the efficiency of grievance redressal mechanisms, and address existing challenges in the enforcement of the law.