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.
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