Women’s Lobby wants answers over Malta Philharmonic sexual harassment case

The Malta Women’s Lobby is calling upon government authorities to take the case of sexual harassment on a female member of the Malta Philharmonic Orchestra further to ensure  zero-tolerance towards anyone committing or trying to cover up such a crime.

The CEO of the Malta Philharmonic Orchestra has been charged with suborning witnesses from giving information in an alleged criminal act, and of tampering with evidence.

Sigmund Mifsud, 49, was remanded in custody, after being charged with having carried out moral or psychological violence by suborning others, chiefly the victim of sexual harassment, from testifying on the crime.

Mifsud has been suspended on half-pay, with immediate effect. 

Employers are duty-bound at law to provide persons claiming to have been sexually harassed, with a written report on the allegation made, and what procedures will be used by the employer to tackle it within ten working days of such a report.

“The lack of action on the part of Malta Philharmonic Orchestra officials, who are duty-bound in ensuring that workers are free from such harassment, led the woman concerned having to resign from her employment, possibly to protect herself from further harm, since her verbal reports over the matter had allegedly all been ignored,” the MWL said.

“Sexual harassment is widespread and is under-reported. It has serious and grave implications on the victims and produces a toxic work environment that harms all. All workers deserve a safe workplace free from sexual harassment and sexual harassment can never be overlooked or tolerated.”

The case concerns a senior official at the national orchestra, who last week admitted to charges of sexual harassment against a female member of the orchestra. The victim had to resign after Mifsud failed to act on her reports. The senior official at the MPO was placed under a restraining order, as well as a suspended sentence, after admitting to having sexually harassed the young female orchestra musician over a span of more than three years.

The 31-year-old Gozitan man, whose name cannot be published by court order, was accused of harassing the young woman, subjecting her to an unsolicited act of physical intimacy, subjecting her to unwanted sexual behaviour and misuse of telecommunications equipment.

The MWL is now demanding that a credible reason is given as to why the name of the perpetrator is being withheld. “The claim that this is being done to protect the victim is questionable and hard to believe, in view of the fact that this would not, in any way, disclose her identity.”

The MWL also called for a confirmation on whether the perpetrator is still employed with the MPO or not on half-pay, and whether he will be allowed to return to his previous job.

It said the MPO had to also publish a list of remedies that were offered to the victim, and to declare the strategy that it intends to employ so as to ensure that such episodes never happen again.

“The MWL insists that employees should always be protected against all forms of discrimination, including sexual harassment, and that any person responsible for ensuring that the required procedures are followed, who does not take action forthwith and fails to protect victims, should be held accountable.”

The MWL also called on the government to fulfill an important proposal in its Electoral Manifesto to ratify the International Labour Organization (ILO) Convention on Violence and Sexual Harassment at the place of work.

Those experiencing sexual harassment can speak up and seek help through the National Commission for the Promotion of Equality (NCPE) on Tel No: 2276 8200 or by email: [email protected].  Since this is a crime one can also file a report directly to the police.