Recommends PFUJ, Govt to take strict action against culprit and steps
to avoid such incidents in future
---An inquiry report issued by the world's most prestigious body
working for the rights of journalists, International Federation of
Journalists, IFJ, has declared that MD Dunya News Yousaf Beg Mirza's
acts mounted to sexual harassment of Maheen Usmani, Dunya News senior
correspondent.
In a fact finding, lengthy inquiry conducted after the complaint of
Maheen Usmani, the IFJ has given the verdict that by national and
international definitions the late night phone call by YBM and the
suggestive conversation
That followed is sexual harassment of a female journalist who
was his subordinate.
The IFJ also referred to the definition of "sexual
harassment" in the recently enacted anti sexual harassment law by the
government of Pakistan and asked the government, PFUJ and media house
owners to take strict measures to punish the culprits and avoid such
happenings in future.
The IFJ, has also urged the PFUJ and National Press Club to
avoid meaningless territorial disputes in such serious matters and
instead provide total support to the victims even if they are not the
"registered" members of the journalists bodies.
The IFJ had formed a probe committee on the complaint of
Maheen Usmani, ex Dunya News correspondent, who had resigned after MD
Dunya News Yousaf Beg Mirza harassed her.
The journalist community, specially women journalists in
Pakistan, have welcomed IFJ fact finding report and have appealed the
PFUJ, NPC and other representative bodies to implement the
recommendations of the IFJ in letter and spirit to punish creeps such
as YBM who try to exploit employees working under them.
Complete IFJ report is as under -
Gender Equity and Sexual Harassment Inquiry, Pakistan Report1. Summary
and RecommendationsSummaryThe International Federation of Journalists
conducted an inquiry into allegations of sexual harassmentof Maheen
Usmani at Dunya TV station in Pakistan in 2009.The inquiry aimed to
identify local needs regarding support on gender equity and
discriminationissues, advise on the development of appropriate gender
policies for unions and media workplaces inPakistan and make
recommendations on how local unions may best respond to such matters
andpromote gender equity and non-discrimination within local unions
and media work-places.Interviews were conducted with a range of
relevant persons including union office bearers, print andelectronic
media journalists, female journalists, women’s activists, management
of Dunya TV and thecomplainant (in the latter’s case via email). As a
result of these inquiries, a range of actions isrecommended which will
provide better capacity for unions in Pakistan to represent
womenjournalists. Recommendations are also made specific to the case
of Maheen Usmani, who is not amember of the union.The status of women
in Pakistan varies greatly with region, class and educational status.
While acertain section of women has come a long way, a large section
of women continue to occupy asecondary status as regards most
indicators: education, health, political participation, economic
statusand cultural norms.The Constitution of Pakistan recognises the
fundamental rights of citizens to dignity of all persons,including
women. Article 25 prohibits discrimination on the basis of gender.
More specifically, in March2010, the President signed into law the
Protection Against Harassment of Women at the WorkplaceAct, 2010.In
terms of union activity, the 1970s and 1980s in Pakistan witnessed a
highly politicised journalists’movement, with a few women journalists
playing prominent roles. While the presence of womenjournalists has
steadily increased to date, women in general avoid controversial
bodies for a numberof reasons. The reluctance is solidified when it is
perceived that unions do not take up concerns ofspecial relevance to
women.Overall, it is clear that there is a lack of understanding
within the Pakistan media about sexualharassment in the workplace, and
the issue has not been dealt with as seriously as it should. Thecase
of Maheen Usmani is a pointer to the need for institutional mechanisms
to deal with sexualharassment and must be seen in the larger context
of the need for broader sensitivity to women’srights. Systemic changes
are needed to achieve positive outcomes for women journalists in
Pakistan.RecommendationsRecommendations regarding sexual harassment1.
Understand sexual harassment as a workplace issue that unions must be
concerned about.Unions must help to promote professional workplaces
where women feel secure.2. A nuanced understanding is particularly
important as dealing with cases of sexual harassmentinvolves labour
law and service rules, since dismissal of the complainant (as in the
caseinvestigated) or dismissal of the accused could lead to conflict
between union members. Anunderstanding of how to deal with such
conflicts must be evolved in the abstract, and mustnot be dependent on
specific cases.3. Ensure implementation of the recently enacted law on
protection of women in the workplace,which requires the establishment
of committees in every organisation. Alongside, set up“women’s cells”
of unions – centrally, as well as in the larger media houses, so that
womenjournalists have an easily accessible forum to which to direct
complaints. Such a complaintsmechanism would go beyond encouraging
colleagues to be “nice and decent”, and set upinstitutional mechanisms
to create a workplace less hostile to women. Lobbying andadvocacy may
be needed to ensure that all media houses set up mechanisms to deal
withsexual harassment, in accordance with the new law.4. Issuing a
“Code of Conduct” for workplaces that encompasses sexual harassment,
andsetting up Special Committees or Women’s Cells as first-stop
complaint mechanisms, woulddemonstrate the seriousness of unions in
tackling sexual harassment in the workplace.5. Specifically, unions
can take the following steps1:I. Create awareness about sexual
harassment in the workplace, and the need tocombat it. This can be
done through posters, handouts, pamphlets, bulletins,notices, buttons
(something like ‘Zero Tolerance Zone for Sexual Harassment’).II.
Ensure that the workplace has a policy to deal with sexual harassment
in theworkplace, and has set up a Complaints Committee as required by
law.III. Ensure that sexual harassment is listed as “misconduct” in
the service rules of thecompany.IV. Lobby to ensure union
representation on the Complaints Committee, to counterany trends
toward anti-labour practices.V. Conduct workshops to promote gender
sensitivity among union members.VI. Conduct workshops in self-defence
and other skills in order to boost theconfidence of women union
members.VII. Set up Gender Councils to take the issue forward.VIII.
Support any woman who complains about sexual harassment, and assist
her inpursuing justice.Recommendations regarding gender equity in
unions1. Conduct gender-sensitisation workshops for union members,
both male and female. A trainthe trainer workshop in gender equity,
with equal participation of men and women, could be astarting point to
raise issues on gender and women’s rights.2. Explore avenues to
increase participation of women in unions, including
leadershipworkshops and political education for women union activists.
A serious discussion on quotas(affirmative action) reviewing the
experience of other unions might be beneficial.3. Networking with
women’s rights organisations with expertise in dealing with issues of
sexualharassment and gender equity would be beneficial in terms of a
sustained campaigndesigned in-country and based on local needs.
Collaboration with local women’sorganisations (for example Aks, which
was instrumental in the passage of the ProtectionAgainst Harassment of
Women at the Workplace Act, 2010) would bring expertise in dealingwith
cases of sexual harassment with the required sensitivity.4. The
evolution and adoption of a Charter on Gender Equity (on the lines of
that adopted by thefive media organisations in Sri Lanka), endorsed by
the federal and provincial unions mightassist to ensure a commitment
toward gender equity.Specific recommendations regarding Ms Usmani’s
case1. Assistance in getting Ms Usmani’s dues: Ms Usmani is not a
member of the union and anyunion is entitled to decline support to
journalists who are not members. However, the union1 Excerpted from
“Combating sexual harassment at the workplace” in A Handbook on Gender
Equality at theWorkplace. Laxmi Murthy. IFJ. 2006.may find it useful
in building broader support for its work if it were to help her in her
case,details of which are appended as Annex 1.2. Expedite the
publication of the report of the Inquiry Committee of the National
Press Club, setup to inquire into the matter.2. Full report of the
investigationThe IFJ conducted an inquiry into allegations of sexual
harassment of Maheen Usmani at Dunya TVstation in Pakistan in 2009.
The inquiry examined Usmani’s allegation and the manner in which it
wasdealt with by Dunya’s management and local journalists’ unions.The
inquiry aimed to:• Identify local needs regarding support on gender
equity and discrimination issues.• Advise on the development of
appropriate gender policies for unions and media workplaces
inPakistan.• Make recommendations on how local unions may best respond
to such matters and promotegender equity and non-discrimination within
local unions and media workplaces.Key persons interviewed included:
Office bearers of the PFUJ, PUJ and KUJ; senior journalists in
theprint and electronic media; women activists; women journalists in
the electronic media; andrepresentatives of the management of Dunya
TV. An interview over email was conducted with MsMaheen Usmani, the
complainant.ContextThe status of women in Pakistan varies greatly with
region, class and educational status. While acertain section of women
has come a long way, a large section of women continue to occupy
asecondary status as regards most indicators: education, health,
political participation, economic statusand cultural norms. Following
the Islamisation of the policy in the Zia ul-Haq era in the late
1970s,women were further burdened by discriminatory Hudood ordinances,
under which, to cite just oneexample, women who were raped, were
punished for adultery. Cases such as the gang-rape ofMukhtaran Mai
ordered as an act of revenge by a community council, are commonly
cited asexamples of violence against women. The Women’s Protection
Bill of 2006 laid the ground forbringing crimes such as rape under
secular law.Legal FrameworkThe Constitution of Pakistan recognises the
fundamental rights of citizens to dignity of all persons,including
women and Article 25 prohibits discrimination on the basis of gender.
More specifically, inMarch this year, the President signed into law
the Protection Against Harassment of Women at theWorkplace Act, 2010.
The Act2 provides for a broad definition of harassment to mean “any
unwelcomesexual advance, request for sexual favours or other verbal or
written communication or physicalconduct of a sexual nature or
sexually demeaning attitudes, causing interference with
workperformance or creating an intimidating, hostile or offensive work
environment, or the attempt topunish the complainant for refusal to
comply to such a request or is made a condition foremployment.” If
guilt is proved following an impartial inquiry, minor penalties
include censure,withholding of promotion or increment for specified
periods, and recovery of compensation payable toa complainant from pay
or any other source of the accused. Major penalties include demotion
to alower post or time-scale or to a lower stage in a time-scale,
compulsory retirement, removal fromservice, dismissal from service,
and fine, a part of which can be used as compensation for
thecomplainant.2http://www.aasha.org.pk/Women_Harassment_Docs/THE%20PROTECTION%20AGAINST%20HARASSMENT%20OF%20WOMEN%20AT%20THE%20WORKPLACE%20ACT%202010.pdfWomen
in the unionsThe 1970s and ‘80s in Pakistan witnessed a highly
politicised journalists’ movement, with a fewwomen journalists playing
prominent roles. During the 1978 movement against General
Zia’sdictatorial regime, Lala Rukh went to jail with her one-year-old
son. Others like Shin Farukh, MehnaazRehman, Farida Hafiz stand out as
dynamic women journalist activists. A few went on to take onleadership
roles in journalist bodies and media houses. Among these were Fauzia
Shahid, whobecame Secretary General of the PFUJ, Umaira Athar who went
on to become Vice President of theKarachi Press Club and Razia Bhatti
the editor of The Herald. However, these individuals areexceptions,
with the norm being a very low representation of women in the unions,
both as membersand as office bearers.The presence of women journalists
has steadily increased (a survey undertaken by the PFUJ in 2006counted
about 300 full-time women journalists across Pakistan). Previously,
most women in the unioncame from political backgrounds, with left-wing
progressive views. Today, television offers the avenuefor increased
numbers of women entering journalism. Therefore, there is less
pre-existing politicalorientation. There are very few are bureau
chiefs or reporters, although a majority of the anchors, talkshowhosts
and producers are women, But when it comes to the union, they are too
often notconsidered “regular” journalists, and hence not encouraged
into membership of the unions. Thus thevisible boom in women in the
media may not be properly reflected in union membership.In general,
today, women journalists tend to avoid controversial bodies. Those who
are focused ontheir careers may not see the need to join unions if
they do not recognise them as integral toprofessional growth.
Moreover, unions require undertaking activities that are perceived
as“unpleasant” and risky, such as protests, engaging with recalcitrant
employers, street demonstrationsetc, and women, who are burdened with
domestic chores as well, may be reluctant to spend their timein these
activities. The reluctance is solidified when it is perceived that
unions do not take up concernsof special relevance to women, be it
sexual harassment in the workplace, or demanding facilities forwomen
such as night-drops or separate wash-rooms.The case of Ms Maheen
UsmaniThe case in briefMs Maheen Usmani was the Islamabad-based
correspondent of Dunya News (head quartered inLahore) who had joined
the launch team in November 2008. She alleged that she had been
sexuallyharassed by the Managing Director, Yusuf Beg Mirza, who she
said had made a call on her mobilephone at about 10 pm on 11 May 2009.
The entire episode was “detestable”, she says. When noapology was
forthcoming, and she was further victimised at work and her
professional growthhindered, she decided to resign on 22 June. An
in-house inquiry, as well as one by the National PressClub, were
conducted.• The phone call in question was made to Ms Usmani by Mr
Yusuf Baig Mirza, the MD ofDunya TV. It can be concluded that it was
probably as suggestive and objectionable as MsUsmani claims it was. It
is also likely that it was not the first of such calls.• If this is
so, then the phone call by Mr Yusuf Baig Mirza would appear to
constitute an act ofsexual harassment, as per international
definitions (ref CEDAW), as well as recently enacteddomestic law.• The
timing of her complaint must not be linked with external factors like
rival news channelsexploiting the situation etc. She probably made the
complaint because it was getting too muchto ignore. It can be
concluded that a Policy on Sexual Harassment at Dunya TV, claimed
tohave been in place when the incident occurred, seems to have been
developed after theincident in question. The document itself, however,
is a useful one.• Ms Usmani is not a member of the union, but sought
its assistance.• The union may have been more effective initially to
apply internal pressure and attempt topressure management to deal with
the case promptly and fairly. This would have beenpossible even though
Ms Usmani is not a union member, and may have generated widersupport
for the union. The publicity around the case worked in a negative
manner, generatingrumours and creating factions within the union and
media fraternity, rather than working tocreate public awareness about
sexual harassment in the workplace.• There is a lack of understanding
about sexual harassment in the workplace. There is a needto
distinguish between consensual relationships in the workplace from
non-consensual,unwelcome advances.
• The issue of sexual harassment in the workplace has not been dealt
with adequately withinthe media. (It must be noted that until this
case, not a single complaint of sexual harassmenthas ever been
submitted to the PFUJ, according to the PFUJ office bearers.) This
lacunaneeds to be addressed in a systematic manner. The case of Ms
Usmani is a pointer to theneed for institutional mechanisms to deal
with the issue.
• The case must be seen in the larger context of a lack of sensitivity
to women’s rights. Theunion needs to consider systemic changes in its
approach to dealing with such issues.
RecommendationsRecommendations regarding sexual harassment
1. Understand sexual harassment as a workplace issue that unions must
be concerned about.Unions must help to promote professional workplaces
where women feel secure.2. A nuanced understanding is particularly
important as dealing with cases of sexual harassmentinvolve labour law
and service rules, since dismissal of the complainant (as in the
caseinvestigated) or dismissal of the accused could lead to conflict
between union members. Anunderstanding of how to deal with such
conflicts must be evolved in the abstract, and mustnot be dependent on
specific cases.3. Ensure implementation of the recently enacted law on
protection of women at the workplace,which requires the setting up of
Committees in every organisation. Alongside, set up“women’s cells” of
unions – centrally, as well as in the larger media houses, so that
womenjournalists have an easily accessible forum to which to direct
complaints. Such a complaintsmechanism would go beyond “nice and
decent” colleagues, and set up institutionalmechanisms to create a
workplace less hostile to women. Lobbying and advocacy to ensurethat
all media houses set up mechanisms to deal with sexual harassment, in
accordance withthe new law.4. Issuing a “Code of Conduct” for
workplaces that encompasses sexual harassment, andsetting up Special
Committees or Women’s Cells as first-stop complaint mechanisms
woulddemonstrate the seriousness of unions in tackling rampant sexual
harassment in theworkplace.5. Specifically, unions can take the
following steps3:I. Create awareness about sexual harassment at the
workplace, and the need tocombat it. This can be done through posters,
handouts, pamphlets, bulletins,notices, buttons (something like ‘Zero
Tolerance Zone for Sexual Harassment’).II. Ensure that the workplace
has a policy to deal with sexual harassment at theworkplace, and has
set up a Complaints Committee as required by law.III. Ensure that
sexual harassment is listed as ‘misconduct’ in the service rules ofthe
company.3 Excerpted from “Combating sexual harassment at the
workplace”, by Laxmi Murthy, in “AHandbook on gender equality at the
workplace,” IFJ, 2006.IV. Lobby to ensure union representation on the
Complaints Committee, to counterany trends towards anti-labour
practices.V. Conduct workshops to promote gender sensitivity among
union members.VI. Conduct workshops in self-defence and other skills
in order to boost theconfidence of women union members.VII. Set up
Gender Councils to take the issue forward.VIII. Support any woman who
complains about sexual harassment, and assist her inpursuing
justice.Recommendations regarding gender equity in unions1. Conduct
gender sensitisation workshops for union members, both male and
female. A trainthe trainer workshop in gender equity, with equal
participation of men and women, could be astarting point to raise
issues on gender and women’s rights.2. Explore avenues to increase
participation of women in the union, including leadershipworkshops,
political education for women union activists. A serious discussion on
quotas(affirmative action), reviewing the experience of other unions
might be beneficial.3. Networking with women’s rights organisations
with expertise in dealing with issues of sexualharassment and gender
equity, would be beneficial in terms of a sustained campaigndesigned
in-country and based on local needs. Collaboration with local
women’sorganisations (for example Aks, which was instrumental in the
passage of the ProtectionAgainst Harassment of Women at the Workplace
Act, 2010) would bring expertise of dealingwith cases of sexual
harassment with the required sensitivity.4. The evolution and adoption
of a Charter on Gender Equity (on the lines of that adopted by thefive
media organisations in Sri Lanka), endorsed by the federal and
provincial unions might gotowards ensuring a commitment towards gender
equity.Specific recommendations regarding Ms Usmani’s case1.
Assistance in getting Ms Usmani’s dues: Ms Usmani is not a member of
the union and anyunion is entitled to decline support to journalists
who are not members. However, the unionmay find it useful in building
support for its work if it were to help her in her case, details
ofwhich are appended as Annex 1.2. Expedite the publication of the
report of the Inquiry Committee of the National Press Club, setup to
inquire into the matter.
Laxmi Murthy
