Malaysia recently introduced the Anti-Sexual Harassment Act 2022
(ASHA) which, once fully implemented, will provide
an avenue for an individual to bring a sexual harassment claim
against another individual before a specially constituted tribunal.
While the tribunal has yet to be set up, several provisions of the
ASHA have taken effect since March 2023.
Background
The ASHA was gazetted on 18 October 2022 and would come into
operation on a date to be notified by the Minister for Women,
Family and Community Development. On 28 March 2023, sections 1, 2,
24, 25 and 26 of the ASHA came into effect.
These provisions deal with, amongst others, the definition of
sexual harassment, and the function and powers of the Ministry of
Women, Family and Community Development to formulate policy and
issue guidelines relating to sexual harassment and to make the
necessary regulations in respect of the Tribunal for Anti-Sexual
Harassment (Tribunal).