Jason Chao took part in the press conference via video, since he is in the US
Civic group the New Macau Association (ANM) is launching a public consultation on legislation against sexual harassment. The group’s president Jason Chao said the relevant issues have not been addressed in local legislation, and thus should be a top priority.
The organization suggested listing sexual harassment as a semi-
public crime and enacting a punishment of two years imprisonment for, “those who forcibly kiss or hug another individual or touch his or her hips, breasts or other private parts before he or she can resist.”
Chao explained via video conference from the US (see box) that the proposal was based on the definition laid out in Taiwan’s law against sexual harassment, adding that the criminal procedure is dependent on complaints to proceed.
Currently, Macau’s Criminal Code stipulates a series of sexual
offenses, including sexual assault, coercion, and exposure, as well as pimping. However, it has not yet established a criminal charge regarding sexual harassment.
As established charges are often not applicable to scenarios of sexual harassment, victims might have to pursue the case by charging the perpetrator with the “crime of insulting” and bear the heavy burden of private prosecution.
The group hopes to enact a more targeted charge against related behaviors, and wants organizations and companies to set up a gender committee for handling complaints.
“Our public consultation will ask the questions: is the definition proper, too relaxed or two strict? Is the proposed penalty proper?” said Chao, adding that it’s also hard to have all alleged behaviors explicitly listed in Macau’s legal system. “Thus we recommend it [be] decided by the gender committees,” he said.
For acts that don’t fall under the scope of the aforementioned definition, Chao stressed that they should also be handled in such a way that conveys a lack of tolerance for offences that tend to occur through the abuse of power relations.
Accordingly, the group proposed that “companies, associations and educational institutions with more than 20 employees or members should be obliged to form gender committees.” When the committee finds a complaint unsatisfactory, the superior public bodies should be authorized to launch an investigation and adopt disciplinary measures.
Chao said their proposed bill will suggest authorizing the Education and Youth Affairs Bureau (DSEJ) to handle complaints involving students and teaching staff, whereas workers in public departments will appeal to their superior bodies; while other complainants can appeal to the Labor Affairs Bureau (DSAL).
“Alleged perpetrators, if found liable, shall face the consequences of dismissal with justified cause, or disciplinary action that can also lead to a dismissal,” he added.
The ANM’s public consultation will run until April 26. Opinions will mainly be collected through emails and social networks, supplemented by discussion sessions. Jason Chao said opinions from the public will be sought throughout the process, and a draft of the proposed law is expected to be completed in late May.
activist in the us invited by state dep’t
Jason Chao was invited by the US State Department to attend the International Visitor Leadership Program (IVLP) in the United States. Chao went as the spokesperson for Rainbow of Macau, an LGBT (lesbian, gay, bisexual, and transgender) rights group. From March 15 to April 4, the activist will join participants from around the world, observing American NGOs in the fields of LGBT rights and civil engagement through visits and meetings.
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