International Women’s Day :

Policy interventions vital to redress violence against women

by Kumudini Samuel

We celebrate International Women’s Day today, the second month following what has been a momentous change in this country’s recent history. A program of reform and good governance has been initiated by the newly elected National Democratic Front (NDF) government, and it is a welcome step. Women’s groups today ask a crucial question: How will the 100-days benefit women in any real way?

The NDF, an amalgam of diverse political parties, was voted into office by a unique expression of support across ethnic lines. The NDF campaign also had a significant level of women’s engagement, both publicly visible, such as at the large mobilisation at the Viharamahadevi Park, and also door- to- door campaigning at the community level.

Women’s groups also presented their manifesto of demands for substantive change, to the Common Candidate in January. The manifesto included a call to set up an Independent Women’s Commission based on a human rights framework.

Impunity

Further demands included adequate legal and policy interventions to redress violence against women, to address the under-representation of women in elected political bodies and enabling the full enjoyment of social, economic and political rights for women.

These demands were a response to the roll back in the gains women had achieved in the period since independence. What had been crucial gains for women in socio-economic, political and cultural life were undermined in a few years by regressive policies and stereotyping. Women were idealised as mothers and homemakers, and the country was rebranded with sentimental metaphors of motherhood, thus tying up women’s status in a form of nostalgic ethno-cultural nationalism that was hard to contest. All of this was underpinned by a deeply entrenched culture of impunity cemented by a post-war romanticisation of violence and a glamorising of masculinity.

Chaste, monogamous, heterosexual and reproductive womanhood was idealised on the national stage for the public while there was an increasing incidence of sexualised violence against women, including for instance a significant number of rapes committed by local politicians.

Violence against women and the inequalities and patriarchal power it springs from were not things that could be easily highlighted. They were not consonant with rebranding Sri Lanka as a post-war country moving towards its development goals.

In fact, tinkering with aspects of development specific to women were at the centre of the state’s attempts to rearticulate a purportedly culturally nuanced vision of development. An example was the discriminatory policy that prevents women with young children from migrating overseas for work — a policy that absolves fathers and the state of any responsibility.

Violence

The negative aspects of custom and religion were also reinforced in the prevailing authoritarian political context — examples being the prevalence of the practice of dowry, and the policing of girls which includes the promotion of early marriage in war time as an answer to teenage sexuality.

It was in this context that Ranil Wickremesinghe, as Leader of the Opposition (LOP) appointed an Independent Commission on the Prevention of Violence against Women in March 2013 to inquire into the problem of violence against women and to make comprehensive recommendation to prevent and address such violence.

In the run up to the elections the report of the Opposition Leader’s Commission on Violence Against Women, presented on 23 December 2014, found that fifteen percent of men admit to committing rape and 24 percent admit to committing marital rape (CARE); 18 to 60 percent of women admit to facing domestic violence (micro level studies); and some prevalence studies indicate that 70 percent of women face sexual harassment in public transport (Legal Aid Commission).

In its critical findings, the Commission report noted that there were 2119 cases of rape pending in 2013 and in general only about 4 to 9 convictions were obtained each year while trials could take up to 15 years.

These trends were exemplified in the run up to the elections when a senior Minister of the former regime made extremely despicable, sexist and derogatory remarks about his intentions to commit violence against former President Chandrika Kumaratunge in the event of the defeat of Maithripala Sirisena, which went without censure or punishment by the former regime. It was a clear and extreme indication of the attitude of men towards women in politics and the presumption of male political power.

Twenty-five percent

What commitments do the manifesto and 100-day program of work make to women?

The manifesto contained a number of commitments to women. Critical among these was the recognition of women’s under representation in political decision making structures and the promise that legislation will be introduced to ensure at least 25 percent of women’s representation in Provincial Councils and Local Government bodies.

Another commitment was an undertaking to enact laws to prevent the abuse of women, with responsibility to enforce these laws effectively and to take measures to ensure that women and children can live without fear in Sri Lanka.

The plan of action also promised a program to ensure support and protection for the families of migrant workers in the Middle East and elsewhere who provide an invaluable service to the country through their labour.

While political representation is a fundamental right to the enjoyment of full citizenship, women have been victims of systematic and historical discrimination in this regard. Sri Lankan women won the right to franchise, through mobilization and advocacy, as early as 193, this being one of the first countries in South Asia and indeed internationally to achieve that goal.

Yet women’s representation in political institutions has been minimal since then. Parliamentary representation has averaged less than six percent in the intervening period, and at the level of Local Government, it is currently an abysmal 1.9 percent.

In a far reaching move, the Ministry of Women’s Affairs has, for the first time, prepared a set of options proposing substantive electoral reforms to increase women’s political representation. These are no longer limited to political party discretion and goodwill.

Instead the recommendations include quotas for reserved seats and nominations for women that will be guaranteed by law to ensure the promised 25 percent representation.

Proposals have also been made to increase the representation of women in decision making bodies within political parties by at least 25 percent so that women have a guaranteed opportunity to participate in substantive decision making.

On February 13 the Prime Minister made a statement to support the global campaign against violence against women, One Billion Rising, by stating unequivocally “Research shows that acts of sexual and gender based violence are committed against women often based on notions of power and entitlement - generally men’s attitude of supremacy and sense of sexual entitlement.

As such, it is a crime that is senseless and easily preventable and it can be prevented”. The Prime Minister also said that “every woman has the fundamental right to live a life free from violence” and called to “take a stand as men and work actively to prevent violence against women (or men for that matter) – not necessarily because we have mothers, wives, daughters and sisters, but because every woman has the fundamental right to live life free from violence.”

Consultations

This is the first time a Sri Lankan Prime Minister or Head of State has made a public political commitment to ensure the right of women to live free from violence.

The Ministry of Women’s Affairs has also begun a series of consultations with relevant Ministries and Civil Society representatives on reforming or repealing provisions in the law that are discriminatory to women. Some of the laws under review are the Penal Code and the Vagrants Ordinance.

The issue of protecting the right of all women to seek employment remains more problematic. Minister Talatha Athukorala is on record stating that she will takes steps to put in place a program to prevent mothers with young children seeking employment overseas (Lankadeepa 22/1/2015). This is an extremely protectionist statement which also fails to understand the constitutional guarantee to equality. It is based on a perception that mothers have the sole responsibility for parenting and it absolves fathers of parental duties towards their children.

It is also counter to one of the more progressive provisions of the 100 day program that commits state responsibility to ensure support and protection for families of migrant workers, recognizing the ‘invaluable service’ to the country of migrant labour.

Discrimination

However many of the commitments to women in the 100 day program are protectionist in nature and are linked to poverty and marginalisation or to women’s roles as mothers or widows with responsibility for families.

They are insufficient to address the spectrum of rights that women are not entitled to. Nor do they address systemic and historic discrimination against women. They also fail to understand that women are a heterogenous group and that discrimination is experienced across intersections of class, caste, ethnic, religious, gender, sexual orientation and other identities.

It has been the practice of previous regimes to use religion and culture as an excuse not to fulfill human rights obligations.

This has meant that discriminatory cultural practices and laws remain on the statute books – discriminatory provisions in personal laws such as Muslim Personal Law in relation to marriage and inheritance.

These also include laws that control the expression of sexuality based on heteronormative standards. Ironically these provisions are a result of colonial intervention that was patriarchal and introduced concepts and stereotypes that related to family roles and parental custody that derived from Roman-Dutch Law rather than culture or religion.

There are also policies, laws and practice that infringed on ethnic minority rights resulting in exclusion and disenfranchisement that have been particularly discriminatory to women. The political expediency which resulted in the 100-day program not addressing the root causes and consequences of the ethnic conflict has also meant that women must continue to bear the burden of ethnic discrimination.

The program also fails to address the continued repercussions of militarisation, including legislation such as the Prevention of Terrorism Act that women must face on a day-to-day basis particularly in the North and the East of the country.

This is why women will mobilise on International Women’s Day to call for a more comprehensive rights based approach to meet the standards of substantive equality and non-discrimination as enshrined in the Convention for the Elimination of all forms of Discrimination against Women (CEDAW) to which Sri Lanka is bound.

It is also why women will call for the need for immediate demilitarization and the safeguarding of human rights and fundamental freedoms.

It is why women will call for meaningful participation in the institutions of good governance, proof of which will be equitable representation of women in all independent commissions. It is why women will continue to mobilise autonomously to ensure the promotion, protection and fulfilment of the promise for democratic reform and change.

Kumudini Samuel is an internationally involved women's and human rights activist, co-founder of the Women and Media Collective, Sri Lanka and currently serves as its Research and Program Associate.