Sri Lanka: Women's Day calls for denouncement

Sri Lanka: The International Women's Day calls for denouncement, not
celebration

The International Women's Day is the opportunity to celebrate women's
rights and empowerment. However, it is also the time to reflect on how
the rights on paper and the statistics comply with the everyday life
of the women.

In Sri Lanka the day is officially celebrated at a ceremony convened
by President Mahinda Rajapaksa under the theme: 'Women's knowledge and
strength to uplift the country'. The President emphasized the crucial
role women play in the country's economy and the development drive,
and confirmed his commitment to fulfil his responsibilities for the
betterment of the women.

Sri Lanka has in many ways acknowledged the economic advantages of
educating and empowering women. It was ranked 16th in the world for
gender equality in the Global Gender Gap Index in 2010, way ahead of
many developed countries as the Netherlands as number 17, The United
States as 19 and Canada as 20.

Sri Lanka has paid attention to gender equality in many aspects and
has a history of investing in health and education.

By providing a nationwide public health structure, women generally
have good access to healthcare. According to Unicef's 2007 statistics,
98% of child births took place in hospitals and the infant mortality
rate (under 1) is 13.

In the education system gender parity in primary education is now
almost universal. The literacy levels of the 15-24 year olds has
reached 99 % for female and 97 % for male, and the enrolment of girls
in secondary schools is 88 % and 86 % for boys. Furthermore 69% of
teachers are women.

In aspects of rights, the statistic and numbers also look good.
Gender equality and non-discrimination of women are key principles of
the Amendment to the Sri Lankan Constitution from 1978. In 1981, Sri
Lanka ratified the United Nations Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW). Sri Lanka is also a
signatory to the International Covenant on Civil and Political Rights;
the Universal Declaration of Human Rights; the International Covenant
on Economic, Social and Cultural Rights and the Vienna Declaration on
the Elimination of Violence against Women (1993). Further, Sri Lanka
has subscribed to the Beijing Declaration and Platform for Action
(1995).

However, the framework does not correspond with society or the
practise of the courts. The gap between the rights set out on paper
and the daily life and practises is tremendous.

The legal system is by no means minority, gender or child sensitive
and discrimination and harassment are daily fares in the legal system
as well as at the police stations.

While women also have equal rights under national, civil, and
criminal law, questions related to family law, including divorce,
child custody and inheritance, are often adjudicated by the customary
law of each ethnic or religious group. Women are often denied equal
rights to land in government-assisted settlements, as the law does not
institutionalize the rights of female heirs and different religious
and ethnic practices discriminate them further in the process.

In the aspect of employment, the law provides for equal employment
opportunities in the public sector, but there is no legal protection
against discrimination in the private sector, and discriminations and
sexual harassment are widely reported. The wage disparities between
male and females are huge and women generally find difficulties in
rising to supervisory positions traditionally held by men.

The patriarchal traditions of the Sri Lankan culture are deep-rooted.
Although women in the larger cities have become more educated and
independent, especially families in poorer, rural areas, from cultural
minorities or lower castes are still very male dominated with
discrimination of women, domestic violence and rape being especially
prevalent.

The injustices are many times tolerated because its victims are
primarily poor, rural women.

Rape

While these women are already afflicted by a low social status they
are further vulnerable to the social ostracism relating to victims of
especially sexual abuses. There is a long practise of rape in the Sri
Lankan society as a mean to exercise power and demoralisation of
communities.

Reporting rape can be an unbearable challenge. Generally there is
little trust in the police and the stations are mostly male-dominated.
It requires tremendous courage and fortitude from a woman to decide to
report a rape incident, since she has no insurance that her statement
will be taken seriously and that she will not be harassed.

There have been countless reports of police officers refusing to file
the rape victim's complaint and verbally or physically harassing her,
claiming that the rape was self-induced or blaming her for being a
prostitute.

If the case is taken to court, the woman is likely to face immense
court delays. Cases of rape are seen to drag on for decades, which all
come in favour of the perpetrator, and in the majority of cases
results in him or them enjoying impunity.

All are contributing factors in an almost decriminalisation of rape
in Sri Lanka, which leave the women with deep emotional and physical
scars while depriving them of their sense of justice and any belief in
a legal system ruled by law.

Domestic Violence

The mentality of not considering women subjected to rape as victims
is prevalent in all aspects of society in Sri Lanka. Marital and
domestic rapes are everyday-life for many women and girls and often
just accepted as a part of family life.

In Sri Lanka a new law on domestic violence, The Prevention of
Domestic Violence Act came into operation on 3 October 2005. However
the act suffers greatly from a legal system, which does no correspond
with the framework of the law.

In cases of domestic violence as well as rape the woman expose
herself to great danger of further violence from the perpetrator or
his acquaintances and by reporting the case and will often have to go
into hiding while the case is running.

Most of the women exposed to violence and rape depend almost solely
on their partner economically. They have no means to provide shelter
or to sustain their livelihood if they go into hiding with a prospect
of the case dragging on for years. With no official victim or witness
protection, the woman cannot rely on the state to provide her shelter
or aid for the legal process, which she will rarely be able to afford.

The social stigma, as well as the prevailing patriarchal mentality,
all the way from officials at the police stations to the hospital
personnel and the judiciary, hold back the majority of victims from
the process of pursuing legal action.

Implementation before celebration

While Sri Lanka in many aspects has acknowledged that a country's
growth and development potential is the education and role of women,
there is still a long way to go in eliminating the extensive daily
practises of inequality and discrimination of women in society.

In the empowerment of women, the culture of female servility and
subservience has to be transformed from within the society, but the
state has a large supporting role to play and an obligation to make
rooms for the changes to take place.

The President and the Sri Lankan government is responsible for
failing to work for a prevention of violence against women amounting
to torture and rape, for failing to take measures against the immense
court delays and for the impunity enjoyed by the perpetrator.
Furthermore they should be hold accountable for their lack of action
taken to implement a bill on witness and victim protection.

Before these are acknowledged and approached effectively, it is
virtually an insult to the Sri Lankan women as the President talk on
his commitment to the betterment of women and to celebrate the present
conditions of today.

ENDS

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