SRI LANKA
COLLECTIVEORAL
STATEMENT TO CEDAW COMMITTEE
Presented at 66th
Session, Geneva
Presented by: ThiyagiPiyadasa,
Hyshyama Hamin, Rosanna Flamer-Caldera, Shyamala Gomez AnushaniAlagarajahand
Kumudini Samuel, on behalf activists and organizations (listed in
page 4) working on women’s civil, political, socio-cultural and economic rights
in rural and urban parts of Sri Lanka.
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Madam Chair,
This is a joint statement of activists and 8 women’s rights
organisations. We would like to begin by drawing attention to
the fact that Sri Lanka is engaging in a process of transitional justice and
constitution making as we speak. We urge the committee to keep this context in
mind in your deliberations.
We would now like to highlight the following:
Judicial Review of
Legislation
Article 16 of the present
Constitution prohibits judicial review of legislation and supersedes the
guarantees of equality and non-discrimination, and we call for its repeal.
Fundamental Rights Chapter of the Constitution
The Fundamental Rights Chapter of the Constitution must include an
explicit section on Women’s Rights.
Discriminatory Laws,
Policies and Practices
Despite Sri Lanka’s international treaty obligations and commitments,
including to CEDAW, discriminatory provisions in the Penal Code relating to
consensual same sex relations; statutory rape (exemptions for married girls
between the ages of 12- 16); impersonation; provisions in the Land Development
Ordinance and State Lands Ordinance that grant state land in single ownership,
instead of joint or co ownership; personal laws including the Muslim Personal
Law and Thesawalamai; Vagrants Ordinance and Brothels ordinance continue to be
enforced, and must be repealed.
Economic
Participation
Female labour force participation is half that of men (34%). Women
comprise 54% of the informal economy. The majority includes rural, fisher,
agricultural and domestic sectors. They are denied protections afforded to the
formal sector. Equal pay for work of equal value is denied to women in all
sectors.
Discriminatory
Practices
Discriminatory concepts such as ‘head of the household’; nuclear
‘happy families’ inform a number of policies. For example - Women with children
under the age of 5 are prohibited from migrating for overseas employment.
Furthermore all women expecting to migrate for work have to provide a Family
Background Report, this does not apply to men.
Muslim Personal Law
The Muslim Personal Law continues
to render Sri Lankan Muslim women and girls as second-class citizens. The law
permits child marriage. It requires adult women to obtain guardian’s consent,
prohibits women from being Quazi judges or registrars, which are state-salaried
positions, allows polygamy without conditions or consent of wives. There are
also procedural and practical issues faced by women in the Quazi (Muslim)
courts, which inhibit their equal access to justice and due process.
The State has abdicated its
responsibility to reform Muslim Personal Law, on the ground that it is a matter
for the Muslim community. We strongly object to this stance.
Despite multiple government
committees, with predominantly Muslim men, appointed to review the Muslim
personal law since 1990, none of these efforts have been yet fruitful. In 2011,
recommendations by the CEDAW Committee called for an inclusive process of
engagement, in particular women’s groups in the reforms process. However recent
backlash from conservative Muslim groups has created a hostile environment
where women activists, advocates and affected women who gave testimonies, have
been intimidated.
The State must muster its
political will to ensure that Muslim women are treated as equals under the law.
Over 66 years of state-sanctioned systemic discrimination against Muslim women
and girls must end!
Sexual Orientation
and Gender Identity
Despite CEDAW Concluding Observations and activism for the repeal of
Sections 365 and 365A of the Penal code, and recommendations by the Committee
for Constitutional Reform (PRCCR) and the Consultative Task Force for Reconciliation,
adult consensual same sex relationships continue to be criminalised in Sri
Lanka.
Though there have been no prosecutions under the Penal Code, the
misapplication and abuse of these Sections by State officials have been widely
documented. Criminalisation also prevents LBT persons from accessing protection
and justice for violence and discrimination perpetrated by public and private
actors. And they continue to be excluded
from State policies.
Violence / Access to
justice
On the issue of violence against women, we wish to highlight impunity
as a continuum from war related sexual violence to all forms of sexual and
gender based violence. E.g. Approximately 1,400 rape complaints result in 0 to
7 convictions per year (2009-2014).
Rape attrition must be addressed including through reform of the
prevailing two-tier system of non-summary inquiries at Magistrates Courts and
summary inquiries at High Court. No measures have been taken to address
suspended sentencing for rape, criminalizing of marital rape and backlog of
rape cases. Protections available under the Prevention of Domestic Violence Act
are being undermined by conservative judicial interpretations.
Tamil speaking women face discriminatory practices including language
barriers and stereotyping when they access justice, due to lack of Tamil
speaking officers in courts, police stations and hospitals.
Female Heads of
Households
One in four households are female headed, a significant proportion of
which are war affected. The Government of Sri Lanka has no official definition
for this category, which results in their exclusion from welfare, resettlement
and other policies and programmes.
War Affected Women
Despite various structures and policies by the State, war affected
women continue to be marginalized, neglected and vulnerable, particularly
female heads of households (approximately 90,000) in the North and East.
Militarization:Militarization
and the breakdown of the rule of law has impacted women’s security, impeded
access to livelihoods, land, including traditional use of common land, housing,
and other resettlement assistance in the post-war context. The military
continues to be engaged in civil administration, agriculture and tourism.
Military run farms impedes women’s livelihoods.
Displacement: A significant
proportion of the displaced include women. Military occupied land must be
returnedto original owners, including to female heads of households. Landless women must be allocated state
land.
Livelihoods: State policies on livelihoods
emphasise small and medium enterprise and micro credit and have not considered
the creation of formal secure employment.
Violence: Evidence indicates
that the armed forces, police and other armed actors perpetrate sexual violence
against women. Women are also subjected to sexual exploitation and sexual
bribery by government officials when accessing services. These cases are
invisible, not investigated, prosecuted and punished. There is inadequate state
provision of professional counseling, medical, psychosocial and rehabilitation
services to women.
Transitional Justice: Transitional
justice mechanisms, reconciliation and peacebuilding initiatives must be
inclusive processes, gender-sensitive, and responsive to women’s wartime
experiences.
There must be clear guidelines to provide gender sensitive reparations
to women survivors of war including for economic losses, loss of livelihoods,
and sexual violence.
Female Ex-combatants:Female ex-combatants face difficulties
reintegrating into their communities. They continue to be under surveillance by
the army; they are labeled as “rehabilitated” and marginalized from employment
and access to services. There is no recognition of their skills and
capabilities gained during the war.
Health
Health vulnerabilities exist for women, including those affected by
conflict, plantation workers, sex workers and LBT women who are denied access
to adequate services. Comprehensive
sexuality education is required to prevent early pregnancies, and abortion
needs to be decriminalised.
Gender Machinery
We end with the issue of gender machinery, which remains weak and
marginal in national policy formulation. This must be strengthened with rights
based legislation to appoint a well-resourced, independent National Commission
on Women, unfettered by State institutions and partisan politics. The
Commission must be appointed by the Constitutional Council as have other
Independent Commissions such as those for Human Rights and Police. All Independent Commissions must be gender
inclusive.
The current strategy is to adopt a plethora of National Action Plans,
which remain in the main unimplemented. Therefore, to achieve policy coherence,
adequate financing and implementation we require a single comprehensive
National Action Plan for women that is rights-based and fully protected. For
example the current National Action Plan on Human Rights was amended to remove
a provision to decriminalise homosexuality.
Thank you Madam for your attention to this joint submission.
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JOINT SUBMISSION by:
WOMEN’S ACTION FOR
CEDAW: (SRI LANKA REVIEW 2017) EQUAL
GROUND, FOKUS WOMEN, Movement for Land and Agricultural Reform (MONLAR), Muslim
Personal Law Reforms Action Group (MPLRAG), National Fisheries Solidarity
Movement (NAFSO), Viluthu Centre for Human Resource Development, Women’s Action
Network (WAN) and Women and Media Collective (WMC).
Contributing
activists: AnushaniAlagarajah, ChandrakanthiAbeykoon,
Shyamala Gomez, Hyshyama Hamin, InthumathyHariharathamotharan, Chulani
Kodikara, ThilinaMadiwela, ThiagiPiyadasa, NadeeraPriyadarshani, Rosanna
Flamer-Caldera, ShreenSaroor and Kumudini Samuel.