sexual health and human rights in the african region - The ICHRP

(b) such advances or requests have the effect of interfering with the alleged victim’s work or
educational performance or creating an offensive working or learning environment for the
alleged victim or denial of a service due to the member of the public from a public office
[108] It is apparent, however, that the scope of sexual harassment under the Sexual
Offences Act is narrow as it only covers instances where the perpetrator holds
power over the victim. Sexual harassment is also addressed by the Kenyan
Public Health Act 365 and the Kenyan Employment Act. 366 Section 21 of the Public
Health Act prohibits a public health officer from ‘sexually harassing’ a fellow
offer or a member of the public. Section 6 of the Employment Act says:
‘an employee is sexually harassed if the employer of that employee or a representative of that
employer or a co-worker directly or indirectly requests that employee for sexual intercourse,
sexual contact or any other form of sexual activity that contains an implied or express: promise of
preferential treatment in employment; threat of detrimental treatment in employment; or threat
about the present or future employment status of the employee; uses language whether written
or spoken of a sexual nature; uses visual material of a sexual nature; or shows physical behaviour
of a sexual nature which directly or indirectly subjects the employee to behaviour that is
unwelcome or offensive to that employee and that by its nature has a detrimental effect on that
employee’s employment, job performance, or job satisfaction.’ 367
[109] The Tanzanian Sexual Offences (Special Provisions) Act of 1998 368 criminalizes
sexual harassment. It prohibits conduct that causes ‘sexual annoyance or
harassment’ or intentionally insults the ‘modesty of any woman’. Though
Tanzanian law does not elaborate on the elements of harassment or command
case law that interprets the criminal provision, it is apparent that Tanzanian law
has a wider application than its Kenyan counterpart to the extent that it is not
limited to perpetrator who is in a position of power or authority. In terms of a
gap, the Act conveys the impression that it is only women that are sexually
harassed through its reference to ‘modesty of any woman’. Also, use of such
terminology may paradoxically be understood as licensing the harassment of
women who according to the perceptions of men have no modesty to protect
such as where women dress in attire that men regard as immodest.
[110] The Zimbabwean Labour Relations Act of 1985 as amended prohibits sexual
harassment in the workplace. Section 8 of the Act provides that any employer
who ‘engages in unwelcome sexually-determined behavior towards an
employee, whether verbal or otherwise, such as making physical contact or
advances, sexually coloured remarks, or displaying pornographic materials in
365 Public Health Act (Kenya).
366 Employment Act of 2007 (Kenya).
367 Section 6 of the Employment Act.
368 Section 138 of the Sexual Offences (Special Provisions) Act of 1998 (Tanzania)
112