Source: United Nations – Geneva
The Committee on the Elimination of Discrimination against Women was this afternoon briefed by representatives of non-governmental organizations on the situation of women’s rights in Sri Lanka, the report of which the Committee will review this week.
The Committee will also review the reports of Belize, Congo and Liechtenstein this week, but there were no non-governmental organizations speaking on those countries.
Non-governmental organizations speaking on Sri Lanka raised concerns relating to discriminatory legislation, gender-based violence, and the treatment of sex workers, among other issues.
The following non-governmental organizations spoke on Sri Lanka: Women and Media Collective and Social Scientists Association; Women and Media Collective;
Suriya Women’s Development Centre; Centre for Equality and Justice; Sex Workers and Allies South Asia; Women’s Action Network; and Global Campaign for Equality in Family Law, Equality Now.
The Committee on the Elimination of Discrimination against Women’s ninetieth session is being held from 3 to 21 February. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 10 a.m. on Tuesday, 11 February to consider the fifth to ninth periodic report of Belize (CEDAW/C/BLZ/5-9).
Statement by Committee Chair
NAHLA HAIDAR, Committee Chair, said this was the second opportunity during the present session for non-governmental organizations to provide information on States parties whose reports were being considered during the second week of the session, namely Belize, Congo, Sri Lanka and Liechtenstein. It was regretful that non-governmental organizations from Belize, Congo and Liechtenstein were not present, but the presence of representatives from Sri Lanka was greatly appreciated. The Committee greatly appreciated that they had travelled all the way to Geneva, as the information they provided was crucial.
Statements by Non-Governmental Organizations from Sri Lanka
Sri Lanka
Speakers on Sri Lanka said the economic crisis which had engulfed the country since 2020 had exacerbated the economic rights of women there, compounding labour market inequalities, unpaid care work, the lack of comprehensive and inclusive social protection, and rural economic challenges. Women’s labour force participation remained low at 32.1 per cent, with many employed in low-wage, insecure jobs in the informal sector as well as in the formal sector. The gender pay gap remained high, with women earning 27 per cent less than men on average. Proposed labour law reforms promoting part-time and ‘flexible’ work risked further job insecurity for women. In the plantation sector, Malaiyaha Tamil women continued to experience intense labour exploitation and wage discrimination
A speaker said that Sri Lanka must urgently abolish the centralised power in the office of the Executive President and enable a judicial review of legislation. Despite international treaty obligations, several discriminatory laws persisted. The Penal Code continued to criminalise consensual same sex relations and abortion. Statutory rape of married girls between the ages of 12 and 16 by their husbands was exempt. Urgent legal reforms were therefore a priority.
The Economic Transformation Act and the policy to create new economic zones without adequate protections for labour, land and local economic development was a serious concern. The weak national action plan on women peace and security 2023-2027 needed to be revised. The independent National Commission on Women needed to be established without delay. Increasing women in decision making required urgent attention and the low representation of women in the new Cabinet was concerning.
Gender based violence continued with impunity. Protections, support services and judicial sensitivities under the Prevention of Domestic Violence Act needed to be strengthened. Technology-facilitated sexual and gender-based violence, a continuum of offline violence, was a fast-evolving form of violence against women. It was imperative that specific laws on technology-facilitated sexual and gender-based violence were included. Women sentenced to death faced intersectional discrimination. As of 2024, 23 women were on death row. It was vital that Sri Lanka regularly published disaggregated data regarding people charged with capital crimes.
While sex work was not criminalised, sex workers were arbitrarily arrested and subjected to violence under the vagrants and brothels ordinances. Police violence and systemic discrimination against sex workers persisted, including through the vagrants ordinance. In custody, sex workers were subjected to sexual bribery, forced sexually transmitted disease testing, physical violence, and prolonged detention. The practice of sexual bribery against sex workers continued with no consequence for the perpetrators. A speaker urged the State to fulfil the Committee’s recommendation to repeal the vagrants ordinance and other provisions criminalising sex workers.
In 2024, exam results of 70 advanced level Muslim students were withheld by the Department of Examinations because the girls’ hijabs covered their ears in violation of examination rules. Muslim women and girls were deprived of State protection under the Muslim Marriage and Divorce Act which had no minimum age of marriage, prevented women from signing marriage contracts, excluded Muslim women from becoming judges, prohibited two Muslims marrying under the general marriage registration ordinance, and allowed unconditional polygamy and non-registration of marriage. It also contained unequal divorce provisions. The bill which addressed these concerns needed to be enacted without delay. In 2024, a study conducted across nine districts indicated that almost 50 per cent of Muslim women reported being victims of female genital mutilation, or knowing someone who was. Victims of female genital mutilation in Sri Lanka were newborn girls after seven days, nine days, 15 days, 40 days and some at six to eight years.
A speaker said the Penal Code only criminalised marital rape in the context of a married woman raped by her husband if she was judicially separated from him. The Code needed to be amended to include marital rape in all circumstances. Several provisions in the personal laws discriminated against women, for example, the Thesawalamai law restricted Tamil women from disposing of separate property. Women faced severe obstacles in accessing justice in family law: litigation costs were high; legal aid was limited; and there was a lack of gender-sensitivity among personnel in the justice sector.
Comprehensive reform towards an effective and efficient family court system was imperative. In the plantation communities, there was a lack of Tamil-speaking personnel in law enforcement. Lesbian, bisexual, transgender and intersex persons were unable to access police as same-sex conduct was criminalised. The State must ensure prompt, effective and adequate measures for access to justice for women, including from minorities and vulnerable groups.
Questions by Committee Experts
A Committee Expert asked about the national action plan on women, peace and security which needed to be revised; what kind of revision was required? What was the status of the Truth, Reconciliation and Non-Repetition Commission? How was conflict-related sexual violence being addressed in this context? What was the status of abortion, including data and access to safe abortion?
Another Expert asked for the main factors which hindered women’s access to justice? Could more information be provided on how to improve the impact of the National Women’s Council, the Human Rights Ministry, and other bodies? How could they improve their relationship with civil society organizations?
A Committee Expert asked about the economic reform, in view of women’s participation in the labour market?
An Expert asked about women’s representation in political institutions. Had quotas and their enforcement been successful? Was technology-facilitated abuse prevalent for women in decision-making positions and did it act as a deterrence for their participation?
Another Committee Expert asked about difficulties women experienced in transferring their citizenship to their children? What measures were in place to ensure migrant women could regularise their position, and obtain identification documents?
An Expert asked if there was information available about the changes in the Penal Code concerning the explicit clarification of marital rape? Were positive changes implemented concerning the law on domestic violence?
Responses by Non-Governmental Organizations
Sri Lanka
Responding to questions on Sri Lanka, a speaker said access to justice was a difficult and lengthy process for victims of gender-based violence, particularly those in the Tamil area. This was due to stigma around reporting, and the lack of police officers near the plantation sector who could speak in the Tamil language. Typically, the average court procedure took 17 years to complete one case, while the victims faced repeated victimisation.
The reforms suggested aimed to increase women’s workforce participation through part-time and flexible work. However, there were concerns that the current leave provisions and other benefits would not be included.
Abortion was considered illegal in Sri Lanka unless the life of the mother was at risk. However, despite rules that any woman could seek post-abortion care, stigma prevented many women from accessing this option, and many women instead accessed abortion in unsafe and back-alley settings.
There was no family court system in Sri Lanka and privacy of proceedings was not always guaranteed, nor was the best interest of the child.
Obtaining identification documents remained challenging for sex workers. Many sex workers did not possess identity documents or birth certificates, and were reluctant to seek assistance due to police harassment. Not having these documents meant these women could not obtain legal documents which impacted their access to education.
Women in politics were among the primary victim survivors of technology-assisted gender-based violence, in the form of hate speech and degrading memes and images shared online. This was seen in the most recent election, with female candidates’ being targeted for their education, the way they dressed, and the way they spoke. Women politicians who supported family law reforms faced social media attacks, and this included Sri Lanka’s female Prime Minister who was recently elected. Social media companies such as Meta had not taken down harmful content.
A private members bill had been raised in the previous government regarding the amendment for allowing same sex marriage. However, after a second reading the bill was not passed. The Government was then dissolved, and a new Government was elected. There had been no updates to the amendment to the Penal Code regarding marital rape since March 2024.
The last parliamentary elections in 2024 doubled the number of women in parliament without a quota. However, a quota came into effect in 2018 for local authority elections. Political parties were legally mandated now to ensure 25 per cent of women were represented in politics; however, no political party had nominated more than 10 per cent of women in seats. It was hoped the State would move to parity and not stop at a limit of 35 per cent in relation to quotas.
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