What women want

From repealing of restrictive laws to equality and justice, women’s groups outline what they want included in the new constitution :

The constitution making process has over the past few weeks seen the country waking up to a new realty about citizen’s rights, needs and responsibilities. In what has been a participatory endeavour, citizens as individuals and members of various organisations have put forward their suggestions, demands and recommendations to the Committee of Public Representations on the Constitution, tasked with gathering public opinion. So how exactly are the women responding to the constitution making endeavour and what do they want included in the new constitution?

The Mannar women’s action groups want the constitution to protect women’s rights from personal laws. This is one of their recommendations. Behind the demand is the tale of discrimination that keeps the woman shackled dependent on the males in her family.

In the broader spectrum of legal provisions concerning women in Sri Lanka, in addition to personal laws, the ‘pre-existing laws dated pre 1977 Constitution too discriminate women, especially under the Land Development Ordinance that prevents them from inheriting land. Most of the actions that were taken by successive governments to uplift the status of women, such as the Women’s Rights Charter in 2007 and signing the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention) in 1990, are not legally binding as they have not been incorporated into domestic law.

The 25% quota for women representation at Local Governments was achieved by increasing the number of seats, which indicates those already in power want to ensure their position in Local Governments remain intact. This situation is glaring indicator of the resistance, both subtle and overt, those agitating for a quota system in Parliament, including the women’s group, would need to breach no matter the promises and pledges.

According to Kumudini Samuel, Programme/ Research Associate of Women and Media Collective (WMC), in the 15 districts WMC have so far conducted preliminary meetings collecting suggestions, women have, apart from raising concerns that are specific to their areas and affect their personal lives, been near unanimous in a single request – the establishment of an independent women’s commission.

Independent women’s commission

Women from Gampaha had want to strengthen workers’ rights, with better protection for migrant workers and those employed in the Free Trade Zone. Women from Mullaitivu and Kilinochchi had been concerned about disappearances, social and economic protection for women headed households, and better access to livelihoods. Batticaloa women had inquired about economic rights of women as well as land and property rights. And in Kandy, women had raised concerns about conditions in the plantation sector.

And for the future, they had also wanted a mechanism to review all new laws even after post enactment. According to Samuel, the women’s groups had also asked for 30% political representation for women in politics.

Most of the women’s groups had requested the constitution to protect their bodily integrity and sexual and reproductive rights and freedom from violence, ranging from street harassment to domestic violence.

“The constitution should guarantee the discriminatory laws in practice, including stereotyping of women and the way in which it impacts, are reviewed, laws repealed and practices discontinued,” Samuel said.

In what could be termed a response to the demands made by the women, Jazeema Ismail, former Chancellor of South Eastern University and former Principal of Muslim Ladies College, said any reforms made, including the ones that concern a small group of people in the country, such as gender equality in personal laws, should be done after having discussed openly, in a public forum.

In partnership with men

“I do not believe in the concept of demanding special benefits for women because anything to do with women should concern everybody,” she said, explaining that the demands should be mainstreamed and achieved in partnership with men. For example, she said, the men who are already in power should assist with the movement towards increasing political participation of women.

Lack of implementation should be punished too, she said, adding, there should be a mechanism to constantly supervise, and monitor the implementation of the law, failing which the parties responsible should be penalised.

Women recommend

“If a person throws a stone at a bus, it is non-bailable offence, charged under damaging public property. But if a man rapes a woman, he get bail immediately,” Mahalakshmi Gurushanthan from Mannar Women’s Development Federation said, pointing out gaps in the law. Bailing out rapists pose a threat to the victimised women and consequently, obstructs justice.

Presenting the Federation’s recommendations in Colombo this week, she requested rape to be a non-bailable offence, while calling for social and economic security for woman heading households; a women’s court in every district and cases to be heard in private; 50% political representation and 30% women included from the national list; and women’s commission to be an independent entity with authority to investigate cases without State influence.

While making recommendations on resettlement policy for the internally displaced and the abolition of the Prevention of Terrorism Act to ensure a life free from torture, the women’s groups made specific recommendations pertaining to women.

Rajini Chandrasekaran from Jaffna recommended that gender equality be strengthened in the constitution, personal laws amended to ensure gender equality, sex-work be legalised to provide the women with better security, a trust-fund be created to assist women subjected to violence and rape, mandatory clause to provide parents’ marriage certificate when applying for the child’s birth certificate be removed along with salary disparity between men and women. Juwairiya Mohideen from the Muslim Women’s Development Trust said Muslim personal law has seen no colour of reform though suggestions have been given under each section.

It continues to violate the Fundamental Rights Chapter of the constitution and it is still ignored, she said, explaining that the Trust had recommended hearing of sexual and domestic violence cases be expedited and appropriate punishment for people who are not implementing the law.

Shreen Saroor from Mannar Women’s Development Federation said the constitution should give the choice for two Muslims to marry under the general law, without making it mandatory for Muslim marriages be performed under Muslim Personal Law.

Prof. Savithri Gunasekera, former Dean of the Faculty of Law at the Colombo University said the current Constitution already contains laws for the protection of women, only if they are better implemented. For example, the Prevention of Domestic Violence Act 2005 includes good provisions but barely meets the desired level of implementation, she said.

She suggested the judiciary should be empowered to review legislation, especially regarding pre-existing laws, and make recommendations to the government to eliminate discriminatory clauses and provisions.

Even for the constitution, there shouldn’t be anything special for women, she said the protocol dictates that the Committee on Constitutional Reforms should uphold gender balance, and starting from that point, strengthen gender balance and reduce the gap between men and women to ensure equality. “For example, strengthening the Fundamental Rights Chapter of the constitution, provisions on governance will benefit women. Strengthening democracy in a country is beneficial for all its citizens and that’s the good starting point,” she said. However, Gunasekera said the women’s quota for the political representation is an ongoing issue that needs firm regulations.

Deputy Director of the Centre for Gender Studies at the University of Kelaniya, Dr. Anusha Edirisinghe said the introduction of a quota system for women in politics should be consistent and sustainable, and should be implemented properly.

“Women experience more hardships than men. But there are women in Parliament already who are not addressing those issues. They haven’t raised any concerns about not having a quota for women either,” she said, pointing out that women who are already in Parliament should address real issues women face. “At least to have a retired female professor elected to Parliament under the national list would be great,” she added.